HomeMy WebLinkAbout1.0 ApplicationSCHENK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
Mark Bean
Garfield County Planner
Garfield County Courthouse
109 Eighth Street
Glenwood Springs, CO 81601
Don DeFord
Garfield County Attorney
Garfield County Courthouse
109 Eighth Street
Glenwood Springs, CO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2440
September 19, 1996
HAND DELIVERED
HAND DELIVERED
.._t`R74R
, 1 9 1996 P
Re: Final Plat - River Ridge P.U.D. Subdivision
Gentlemen:
Final Plat documents are submitted with this letter for the approval of Garfield County
of River Ridge P.U.D. Subdivision as follows:
1. Special Warranty Deed from J & S Enterprises to River Ridge Partners, LLP.
In order to provide a proper approach for the Stowe's estate planning, a conveyance from the
J & S Partnership to the development partnership is desirable. If there is any objection to this
step, please advise.
2. The Final Plat of River Ridge PUD Subdivision signed by Frank Harrington, a
registered professional surveyor with High Country Engineering.
3. Engineering drawings for the construction of subdivision improvements prepared
by High Country Engineering.
4. Subdivision Improvements Agreement, with Exhibits "A", "B" and "C" annexed.
5. Declaration of Covenants, Conditions, Restrictions and Easements for River Ridge
P.U.D. Subdivision.
6. Articles of Incorporation for the River Ridge Homeowners Association filed with
the Colorado Secretary of State on September 27, 1993, as amended on October 28, 1993.
H: URS\R I V FRRDG\ BEAN -DIF. L'IR
• •
September 19, 1996
Page -2-
7. Bylaws of the River Ridge Homeowners Association.
8. Quit Claim Deed of Water Rights, other Common Elements and transfer of the
West Divide Water Conservancy District Contract to the Association.
9. Utility Easement from Robert H. Spuhler and Jacilyn E. Spuhler for water line
connection to the Westbank Subdivision system. This document was recorded on September 17,
1996, in Book 992 at Page 465 as Reception No. 498494 of the Garfield County records.
10. Fire Protection and Emergency Water Agreement.
11. Check to Garfield County in payment of RE -1 School Impact Fees ($1,600.00).
12. Title Insurance Commitment issued by Ticor Title Insurance as of December 26,
1995.
13. Mr. Stowe is prepared to provide an irrevocable Letter of Credit for $153,000.00
from a local bank to Garfield County as soon as the Final Plat documents are acceptable to
Garfield County.
14. Current Tax Certificates for the property.
15. An explanatory letter on establishment of the setback in conformance with the
geology report.
Specific responses to the conditions of approval by the Garfield County Commissioners,
using the section numbers of Resolution No. 94-116 as references, are as follows:
1. All representations of the applicant, either within the application or stated at the
public hearing with the Panning Commission, be considered conditions of approval.
RESPONSE: Agreed. No action required.
2. The applicants shall establish a Homeowners Association and shall be incorporated
in accordance with the requirements of Colorado Revised Statutes. The Homeowners
Association shall be responsible for all water rights and infrastructure and for road maintenance
and snow removal. The Articles of Incorporation and Restrictive Covenants shall be reviewed
by County Staff prior to the approval of the Final Plat.
RESPONSE: See Articles of Incorporation, Bylaws, Quit Claim Deed and Declaration
of Covenants, Conditions, Restrictions and Easements.
3. The applicants shall prepare and submit a Subdivision Improvements Agreement,
addressing all improvements, prior to recording a Final Plat.
11:
URS \RIVIRRDG\BEAN-DEF. LIR
• •
September 19, 1996
Page -3-
RESPONSE: See Subdivision Improvements Agreement.
4. All new utilities shall be placed underground.
RESPONSE: See Declaration of Covenants, Conditions, Restrictions and Easements,
Section 3.8.
5. All cut slopes created during construction shall be revegetated with native grasses
using certified weed -free seed.
RESPONSE: Agreed, see Subdivision Improvements Agreement.
6. The applicants shall pay $200.00 per lot in school impact fees prior to approval
of the Final Plat.
RESPONSE: Check enclosed.
7. All roadways shall be designed and constructed in conformance with design
standards set forth in the Subdivision Regulations and in place at the time of Final Plat.
RESPONSE: See Engineering Plan.
8. The Final Plat shall depict a supplemental setback, consistent with the
recommendations of Nick Lampiris, Consulting Geologist (letter dated February 10, 1994) and
Tim Beck, Principal Engineer (letter dated July 15, 1994).
RESPONSE: See Final Plat.
9. Control of noxious weeds is the responsibility of the property owner.
RESPONSE: See Declaration of Covenants, Conditions, Restrictions and Easements,
Section 8.5.
10. No open hearth fireplaces will be allowed within the PUD. All dwelling units will
be allowed an unrestricted number of natural gas -burning fireplaces or appliances. All dwelling
units will be allowed no more than one new woodburning stove as defined by C.R.S. 25-7-401,
et. seq., and the regulations promulgated thereunder.
RESPONSE: See Declaration of Covenants, Conditions, Restrictions and Easements,
Section 7.4.
11. Prior to the signing of a Final Plat, the applicants shall submit written approval
from the Glenwood Springs Department of Emergency Services regarding a pending agreement
11: \IRS \RI V ERR DG \ BEAN- DF*. LIR
• •
September 19, 1996
Page -4-
with Westbank Ranch regarding on-site water storage for fire protection purposes. All necessary
improvements shall be secured within the Subdivision Improvements Agreement.
RESPONSE: See Fire Protection and Emergency Water Agreement.
12. The following plat notes shall appear on the Final Plat:
a. Engineered foundations will be required for all residential structures within
the PUD.
RESPONSE: See Fire Protection and Emergency Water Agreement.
b. Soil conditions on the site MAY require an engineered ISDS. Site specific
percolation tests shall determine specific ISDS requirements on each lot.
RESPONSE: See Fire Protection and Emergency Water Agreement.
13. The covenants shall contain language limited dogs to one per lot, and have
provisions for enforcing kenneling requirements.
RESPONSE: See Declaration of Covenants, Conditions, Restrictions and
Easements, Section 8.8.
14. A Driveway Permit, if necessary, shall be obtained from the Garfield County
Road and Bridge Department prior to the presentation of a Final Plat.
RESPONSE: Existing road access point will be utilized. Mr. Stowe meeting with King
Lloyd on September 24, 1996, on site. There are no apparent problems. However, Mr.
Lloyd has advised that it may be necessary to restrict the entrance width.
Please call with any questions, corrections or additions. The annual renewal for this
subdivision approval is believed to expire on October 10, 1996. We would appreciate an
opportunity to complete the Final Plat prior to that date to avoid a further extension request.
Thank you.
JRS/clh
Enc.
cc: Walt Stowe
II:URS\RIVCRRDG\BGN-DEF LTR
•
SPECIAL WARRANTY DEED
J & S ENTERPRISES, a Colorado General Partnership, Grantor, whose address is P.O.
Box 276, Glenwood Springs, Colorado, 81602, for the consideration of Ten Dollars and other
good and valuable consideration, in hand paid, hereby sells and conveys to RIVER RIDGE
PARTNERS, LLP, a Colorado limited liability limited partnership, Grantee, whose address is
P.O. Box 276, Glenwood Springs, Colorado, 81602, the following real property in the County
of Garfield and State of Colorado, to wit:
A parcel of land situated in a portion of Lot 5, Section 1 and Lot 1, Section 2 of
Township 7 South and in a portion of Lot 11 and 26, Section 35 and Lot 3,
Section 36, Township 6 South, Range 89 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado; said parcel being more particularly
described as follows:
Commencing at the Southeast corner of said Section 35; thence N. 32°14'21" W.
789.20 feet to the True Point of Beginning; thence N. 42°04'00" E. 137.20 feet;
thence S. 48°11'00" E. 324.47 feet to a point on the westerly line of Reception
No. 354946; thence the following six (6) courses along said westerly line
(bearings on said Reception No. 354946 have been rotated):
1) S. 07°15'19" E. 53.40 feet;
2) S. 28°59'28" E. 639.26 feet;
3) S. 30°10'26" E. 79.41 feet;
4) along the arc of a curve to the right having a radius
and a central angle of 45°38'45", a distance of 314
bears S. 08°23'31" E. 306.58 feet);
5) S. 14°25'52" W. 78.63 feet;
6) along the arc of a curve to the left having a radius
and a central angle of 16°07'40", a distance of 183
bears S. 06°22'04" W. 183.07 feet);
of 395.19 feet
.84 feet (chord
of 652.52 feet
.67 feet (chord
thence leaving said westerly line S. 40°32'00" W. 19.87 feet to a point on the
easterly line of Westbank Ranch Subdivision Filing No. 3; thence S. 70°37'00"
W. along said easterly line 26.20 feet; thence continuing along said easterly line
N. 25°28'00" W. 1529.00 feet to the True Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
with all its appurtenances.
SIGNED this day of , 1996.
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
J & S PARTNERS, a Colorado General
Partnership
By:
The foregoing instrument was acknowledged before me this day of
, 1996, by as General Partner of
J & S Partners, a Colorado General Partnership.
WITNESS my hand and official seal.
My commission expires:
Notary Public
I I:VRISMIVIRROG srinnr_wn
AFTER RECORDING, RETURN TO:
Schenk, Kersl & deWinler, P.C.
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
CERTITE OF TAXES DUE
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
ORDERED BY:J. SCHENK
Celpicate 962495
NOTICE
I, the undersigned, do hereby certify that the entire amount of Real
Estate taxes due upon parcels of real estate property described herein,
and all sales of the same for unpaid real estate taxes shown by the
records in my office, from which the same may still be redeemed with
the amount required for redemption, are as noted herein.
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
SCHEDULE DISTRICT
080587 008 2185 354 04 005
DESCRIPTION AMOUNT
RIVER RIDGE PUD
35-6-89
BLK 5 LOT 0
BK 0527 PG 0271
BK 0531 PG 0246
BK 0531 PG 0249
BK 0481 PG 0009
BK 0656 PG 0950
BK 0761 PG 0458
BK 0876 PG 0499
PRE SCHED 080490
TOTAL VALUE 6120
ACRES: .350
1995 TAX $483.00
* * * * TAXES DUE
TAX DUE
TTL DUE:
* * * *
$0.00
$0.00
Taxing Entity
Mill Levy Tax Dollars
GARFIELD COUNTY - GENERAL FUND
GARFIELD COUNTY - AIRPORT
GARFIELD COUNTY - ROAD & BRIDGE FUND
GARFIELD COUNTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITURES
GARFIELD COUNTY - RETIREMENT FUND
GLENWOOD RURAL FIRE - GENERAL FUND
COLORADO RIVER WATER CONSERVATION DIST.
WEST DIVIDE WATER CONSERVANCY - GENERAL
RE -1 GENERAL
RE -1 BOND
COLORADO MOUNTAIN COLLEGE
GLENWOOD RURAL FIRE - BOND
GARFIELD COUNTY - OIL & GAS
9.706
0.132
1.557
1.353
0.351
0.350
5.912
0.383
0.330
38.355
14.606
3.997
1.683
0.206
59.41
0.81
9.53
8.28
2.15
2.14
36.18
2.34
2.02
234.73
89.39
24.46
10.30
1.26
Information regarding special taxing districts and boundaries of such districts
may be on file or deposit with the Board of County Commissioners, the County
Clerk and Recorder, or the County Assessor.
This certificate does not include land or improvements assessed under a
separate schedule number, Personal Property Taxes, or Special Improvement
District Assessments, Mobile Homes, or Severed Minerals unless
specifically mentioned.
Total Calculated Through 09/30/96
Total Taxes Due: $0.00
FEE: $10.00
IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 09/18/96
GEORGIA CHAMBERLAIN
r -1 S'c
• •::
r.,.. _ �,te,4, ; by
Deputy
ORDERED BY : J. SCHENK •
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
000279 109 ROAD
080591 008
2185.54 04 015
IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 09/18/96
G RGIA CHAMBEIN
h�-moi. - •s,.•:
Treasurer.t
of ARFIELD. .County,�Colorado
by
Deputy
STATE OF COLORADO
COUNTY OF GARFIELD
ORDERED BY:J. SCHENK
SS.
CERTISATE OF TAXES DUE Ce•ficate 962487
NOTICE
I, the undersigned, do hereby certify that the entire amount of Real
Estate taxes due upon parcels of real estate property described herein,
and all sales of the same for unpaid real estate taxes shown by the
records in my office, from which the same may still be redeemed with
the amount required for redemption, are as noted herein.
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
SCHEDULE DISTRICT
080583 008 2185 354 04 001
DESCRIPTION AMOUNT
RIVER RIDGE PUD 1995 TAX $362.25
35-6-89
BLK 1 LOT 0 * * * * TAXES DUE * * * *
BK 0527 PG 0271 TAX DUE $0.00
BK 0531 PG 0246
BK 0531 PG 0249 TTL DUE: $0.00
BK 0481 PG 0009
BK 0656 PG 0950
BK 0761 PG 0458
BK 0876 PG 0499
PRE SCHED 080490
TOTAL VALUE 4590
ACRES: .280
Taxing Entity
Mill Levy Tax Dollars
GARFIELD COUNTY - GENERAL FUND
GARFIELD COUNTY - AIRPORT
GARFIELD COUNTY - ROAD & BRIDGE FUND
GARFIELD COUNTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITURES
GARFIELD COUNTY - RETIREMENT FUND
GLENWOOD RURAL FIRE - GENERAL FUND
COLORADO RIVER WATER CONSERVATION DIST.
WEST DIVIDE WATER CONSERVANCY - GENERAL
RE -1 GENERAL
RE -1 BOND
COLORADO MOUNTAIN COLLEGE
GLENWOOD RURAL FIRE - BOND
GARFIELD COUNTY - OIL & GAS
9.706
0.132
1.557
1.353
0.351
0.350
5.912
0.383
0.330
38.355
14.606
3.997
1.683
0.206
44.54
0.61
7.15
6.21
1.61
1.61
27.14
1.76
1.51
176.05
67.04
18.35
7.72
0.95
Information regarding special taxing districts and boundaries of such districts
may be on file or deposit with the Board of County Commissioners, the County
Clerk and Recorder, or the County Assessor.
This certificate does not include land or improvements assessed under a
separate schedule number, Personal Property Taxes, or Special Improvement
District Assessments, Mobile Homes, or Severed Minerals unless
specifically mentioned.
Total Calculated Through 09/30/96
Total Taxes Due: $0.00
FEE: $10.00
IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 09/18/96
RGIA CHAMBE .AIN
by
Deputy
CERTIFICATE OF TAXES DUE Cer/ficate 962488
STATE OF COLORADO
BS.
COUNTY OF GARFIELD
ORDERED BY:J. SCHENK
NOTICE
I, the undersigned, do hereby certify that the entire amount of Real
Estate taxes due upon parcels of real estate property described herein,
and all sales of the same for unpaid real estate taxes shown by the
records in my office, from which the same may still be redeemed with
the amount required for redemption, are as noted herein.
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
SCHEDULE DISTRICT
080584 008 2185 354 04 002
DESCRIPTION AMOUNT
RIVER RIDGE PUD
35-6-89
BLK 2 LOT 0
BK 0527 PG 0271
BK 0531 PG 0246
BK 0531 PG 0249
BK 0481 PG 0009
BK 0656 PG 0950
BK 0761 PG 0458
BK 0876 PG 0499
PRE SCHED 080490
TOTAL VALUE 6120
ACRES: .420
1995 TAX $483.00
* * * * TAXES DUE
TAX DUE
TTL DUE:
* * * *
$0.00
$0.00
Taxing Entity
Mill Levy Tax Dollars
GARFIELD COUNTY - GENERAL FUND
GARFIELD COUNTY - AIRPORT
GARFIELD COUNTY - ROAD & BRIDGE FUND
GARFIELD COUNTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITURES
GARFIELD COUNTY - RETIREMENT FUND
GLENWOOD RURAL FIRE - GENERAL FUND
COLORADO RIVER WATER CONSERVATION DIST.
WEST DIVIDE WATER CONSERVANCY - GENERAL
RE -1 GENERAL
RE -1 BOND
COLORADO MOUNTAIN COLLEGE
GLENWOOD RURAL FIRE - BOND
GARFIELD COUNTY - OIL & GAS
9.706
0.132
1.557
1.353
0.351
0.350
5.912
0.383
0.330
38.355
14.606
3.997
1.683
0.206
59.41
0.81
9.53
8.28
2.15
2.14
36.18
2.34
2.02
234.73
89.39
24.46
10.30
1.26
Information regarding special taxing districts and boundaries of such districts
may be on file or deposit with the Board of County Commissioners, the County
Clerk and Recorder, or the County Assessor.
This certificate does not include land or improvements assessed under a
separate schedule number, Personal Property Taxes, or Special Improvement
District Assessments, Mobile Homes, or Severed Minerals unless
specifically mentioned.
Total Calculated Through 09/30/96
Total Taxes Due: $0.00
FEE: $10.00
IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 09/18/96
GEORGIA CHAMBERLAIN
by
Deputy
CERTI LATE OF TAXES DUE Ce ficate 962489
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
ORDERED BY:J. SCHENK
NOTICE
I, the undersigned, do hereby certify that the entire amount of Real
Estate taxes due upon parcels of real estate property described herein,
and all sales of the same for unpaid real estate taxes shown by the
records in my office, from which the same may still be redeemed with
the amount required for redemption, are as noted herein.
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
SCHEDULE DISTRICT
080585 008 2185 354 04 003
DESCRIPTION AMOUNT
RIVER RIDGE PUD 1995 TAX $483.00
35-6-89
BLK 3 LOT 0 * * * * TAXES DUE * * * *
BK 0527 PG 0271 TAX DUE $0.00
BK 0531 PG 0246
BK 0531 PG 0249 TTL DUE: $0.00
BK 0481 PG 0009
BK 0656 PG 0950
BK 0761 PG 0458
BK 0876 PG 0499
PRE SCHED 080490
TOTAL VALUE 6120
ACRES: .350
Taxing Entity
Mill Levy Tax Dollars
GARFIELD COUNTY - GENERAL FUND
GARFIELD COUNTY - AIRPORT
GARFIELD COUNTY - ROAD & BRIDGE FUND
GARFIELD COUNTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITURES
GARFIELD COUNTY - RETIREMENT FUND
GLENWOOD RURAL FIRE - GENERAL FUND
COLORADO RIVER WATER CONSERVATION DIST.
WEST DIVIDE WATER CONSERVANCY - GENERAL
RE -1 GENERAL
RE -1 BOND
COLORADO MOUNTAIN COLLEGE
GLENWOOD RURAL FIRE - BOND
GARFIELD COUNTY - OIL & GAS
9.706
0.132
1.557
1.353
0.351
0.350
5.912
0.383
0.330
38.355
14.606
3.997
1.683
0.206
59.41
0.81
9.53
8.28
2.15
2.14
36.18
2.34
2.02
234.73
89.39
24.46
10.30
1.26
Information regarding special taxing districts and boundaries of such districts
may be on file or deposit with the Board of County Commissioners, the County
Clerk and Recorder, or the County Assessor.
This certificate does not include land or improvements assessed under a
separate schedule number, Personal Property Taxes, or Special Improvement
District Assessments, Mobile Homes, or Severed Minerals unless
specifically mentioned.
Total Calculated Through 09/30/96
Total Taxes Due: $0.00
FEE: $10.00
IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 09/18/96
GEORGIA CHAMBERLAIN
by
. . Deputy
CERTIII,ATE OF TAXES DUE Ce4lIficate 962490
STATE OF COLORADO
88.
COUNTY OF GARFIELD
ORDERED BY:J. SCHENK
NOTICE
I, the undersigned, do hereby certify that the entire amount of Real
Estate taxes due upon parcels of real estate property described herein,
and all sales of the same for unpaid real estate taxes shown by the
records in my office, from which the same may still be redeemed with
the amount required for redemption, are as noted herein.
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
SCHEDULE DISTRICT
080586 008 2185 354 04 004
DESCRIPTION AMOUNT
RIVER RIDGE PUD
35-6-89
BLK 4 LOT 0
BK 0527 PG 0271
BK 0531 PG 0246
BK 0531 PG 0249
BK 0481 PG 0009
BK 0656 PG 0950
BK 0761 PG 0458
BK 0876 PG 0499
PRE SCHED 080490
TOTAL VALUE 3060
ACRES: .180
1995 TAX $241.50
* * * * TAXES DUE
TAX DUE
TTL DUE:
* * * *
$0.00
$0.00
Taxing Entity
Mill Levy Tax Dollars
GARFIELD COUNTY - GENERAL FUND
GARFIELD COUNTY - AIRPORT
GARFIELD COUNTY - ROAD & BRIDGE FUND
GARFIELD COUNTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITURES
GARFIELD COUNTY - RETIREMENT FUND
GLENWOOD RURAL FIRE - GENERAL FUND
COLORADO RIVER WATER CONSERVATION DIST.
WEST DIVIDE WATER CONSERVANCY - GENERAL
RE -1 GENERAL
RE -1 BOND
COLORADO MOUNTAIN COLLEGE
GLENWOOD RURAL FIRE - BOND
GARFIELD COUNTY - OIL & GAS
9.706
0.132
1.557
1.353
0.351
0.350
5.912
0.383
0.330
38.355
14.606
3.997
1.683
0.206
29.72
0.40
4.76
4.14
1.07
1.07
18.09
1.17
1.01
117.37
44.69
12.23
5.15
0.63
Information regarding special taxing districts and boundaries of such districts
may be on file or deposit with the Board of County Commissioners, the County
Clerk and Recorder, or the County Assessor.
This certificate does not include land or improvements assessed under a
separate schedule number, Personal Property Taxes, or Special Improvement
District Assessments, Mobile Homes, or Severed Minerals unless
specifically mentioned.
Total Calculated Through 09/30/96
Total Taxes Due: $0.00
FEE: $10.00
IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 09/18/96
EORGIA CHAMBERLAIN :
1 &NAL (.:4-Ly.ii-t4,*,,t,1/3.__g.;:.44)
14
by
Deputy
STATE OF COLORADO
COUNTY OF GARFIELD
ORDERED BY:J. SCHENK
SS.
CERTIFICATE OF TAXES DUE Certificate 962491
• •
NOTICE
I, the undersigned, do hereby certify that the entire amount of Real
Estate taxes due upon parcels of real estate property described herein,
and all sales of the same for unpaid real estate taxes shown by the
records in my office, from which the same may still be redeemed with
the amount required for redemption, are as noted herein.
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
SCHEDULE DISTRICT
080588 008 2185 354 04 006
DESCRIPTION AMOUNT
RIVER RIDGE PUD
35-6-89
BLK 6 LOT 0
BK 0527 PG 0271
BK 0531 PG 0246
BK 0531 PG 0249
BK 0481 PG 0009
BK 0656 PG 0950
BK 0761 PG 0458
BK 0876 PG 0499
PRE SCHED 080490
TOTAL VALUE 3060
ACRES: .210
1995 TAX $241.50
* * * * TAXES DUE
TAX DUE
TTL DUE:
* * * *
$0.00
$0.00
Taxing Entity
Mill Levy Tax Dollars
GARFIELD COUNTY - GENERAL FUND
GARFIELD COUNTY - AIRPORT
GARFIELD COUNTY - ROAD & BRIDGE FUND
GARFIELD COUNTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITURES
GARFIELD COUNTY - RETIREMENT FUND
GLENWOOD RURAL FIRE - GENERAL FUND
COLORADO RIVER WATER CONSERVATION DIST.
WEST DIVIDE WATER CONSERVANCY - GENERAL
RE -1 GENERAL
RE -1 BOND
COLORADO MOUNTAIN COLLEGE
GLENWOOD RURAL FIRE - BOND
GARFIELD COUNTY - OIL & GAS
9.706
0.132
1.557
1.353
0.351
0.350
5.912
0.383
0.330
38.355
14.606
3.997
1.683
0.206
29.72
0.40
4.76
4.14
1.07
1.07
18.09
1.17
1.01
117.37
44.69
12.23
5.15
0.63
Information regarding special taxing districts and boundaries of such districts
may be on file or deposit with the Board of County Commissioners, the County
Clerk and Recorder, or the County Assessor.
This certificate does not include land or improvements assessed under a
separate schedule number, Personal Property Taxes, or Special Improvement
District Assessments, Mobile Homes, or Severed Minerals unless
specifically mentioned.
Total Calculated Through 09/30/96
Total Taxes Due: $0.00
FEE: $10.00
IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 09/18/96
GEORGIA CHAMBERLAIN r ,
by
Deputy
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
ORDERED BY:J. SCHENK
CERTIFTE OF TAXES DUE Ce.icate 962492
NOTICE
I, the undersigned, do hereby certify that the entire amount of Real
Estate taxes due upon parcels of real estate property described herein,
and all sales of the same for unpaid real estate taxes shown by the
records in my office, from which the same may still be redeemed with
the amount required for redemption, are as noted herein.
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
SCHEDULE DISTRICT
080589 008 2185 354 04 007
DESCRIPTION AMOUNT
RIVER RIDGE PUD
35-6-89
BLK 7 LOT 0
+,{ 0527 PG 0271
ri 0531 PG 0246
BK 0531 PG 0249
AK 0481 PG 0009
BK 0656 PG 0950
)P?( 0761 PG 0458
1K 0876 PG 0499
PRE SrHED 080490
TOTAL VALUE 4590
ACRES. .290
1995 TAX $362.25
* * * * TAXES DUE
TAX DUE
TTL DUE:
* * * *
$0.00
$0.00
Taxing Entity
Mill Levy Tax Dollars
GARFIELD COUNTY - GENERAL FUND
GARFIELD COUNTY - AIRPORT
GARFIELD COUNTY - ROAD & BRIDGE FUND
GARFIELD COUNTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITURES
GARFIELD COUNTY - RETIREMENT FUND
GLENWOOD RURAL FIRE - GENERAL FUND
COLORADO RIVER WATER CONSERVATION DIST.
WEST DIVIDE WATER CONSERVANCY - GENERAL
RE -1 GENERAL
RE -1 BOND
COLORADO MOUNTAIN COLLEGE
GLENWOOD RURAL FIRE - BOND
GARFIELD COUNTY - OIL & GAS
9.706
0.132
1.557
1.353
0.351
0.350
5.912
0.383
0.330
38.355
14.606
3.997
1.683
0.206
44.54
0.61
7.15
6.21
1.61
1.61
27.14
1.76
1.51
176.05
67.04
18.35
7.72
0.95
Information regarding special taxing districts and boundaries of such districts
may be on file or deposit with the Board of County Commissioners, the County
Clerk and Recorder, or the County Assessor.
This certificate does not include land or improvements assessed under a
separate schedule number, Personal Property Taxes, or Special Improvement
District Assessments, Mobile Homes, or Severed Minerals unless
specifically mentioned.
Total Calculated Through 09/30/96
Total Taxes Due: $0.00
FEE: $10.00
IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 09/18/96
GIA CHAMBERL'iN o
by
Deputy
STATE OF COLORADO
COUNTY OF GARFIELD
ORDERED BY:J. SCHENK
Ss.
CERTIFICATE OF TAXES DUE Certificate 962493
• •
NOTICE
I, the undersigned, do hereby certify that the entire amount of Real
Estate taxes due upon parcels of real estate property described herein,
and all sales of the same for unpaid real estate taxes shown by the
records in my office, from which the same may still be redeemed with
the amount required for redemption, are as noted herein.
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
SCHEDULE DISTRICT
080590 008 2185 363 04 008
DESCRIPTION AMOUNT
RIVER RIDGE PUD
36-6-89
BLK 8 LOT 0
BK 0527 PG 0271
BR 0531 PG 0246
BK 0531 PG 0249
BK 0481 PG 0009
BK 0656 PG 0950
BK 0761 PG 0458
BK 0876 PG 0499
PRE SCHED 080490
TOTAL VALUE 7650
ACRES: .440
1995 TAX $603.75
* * * * TAXES DUE
TAX DUE
TTL DUE:
* * * *
$0.00
$0.00
Taxing Entity
Mill Levy Tax Dollars
GARFIELD COUNTY - GENERAL FUND
GARFIELD COUNTY - AIRPORT
GARFIELD COUNTY - ROAD & BRIDGE FUND
GARFIELD COUNTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITURES
GARFIELD COUNTY - RETIREMENT FUND
GLENWOOD RURAL FIRE - GENERAL FUND
COLORADO RIVER WATER CONSERVATION DIST.
WEST DIVIDE WATER CONSERVANCY - GENERAL
RE -1 GENERAL
RE -1 BOND
COLORADO MOUNTAIN COLLEGE
GLENWOOD RURAL FIRE - BOND
GARFIELD COUNTY - OIL & GAS
9.706
0.132
1.557
1.353
0.351
0.350
5.912
0.383
0.330
38.355
14.606
3.997
1.683
0.206
74.24
1.01
11.91
10.35
2.69
2.68
45.23
2.93
2.52
293.42
111.74
30.58
12.87
1.58
Information regarding special taxing districts and boundaries of such districts
may be on file or deposit with the Board of County Commissioners, the County
Clerk and Recorder, or the County Assessor.
This certificate does not include land or improvements assessed under a
separate schedule number, Personal Property Taxes, or Special Improvement
District Assessments, Mobile Homes, or Severed Minerals unless
specifically mentioned.
Total Calculated Through 09/30/96
Total Taxes Due: $0.00
FEE: $10.00
IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 09/18/96
RGIA CHAMBEIIN
t � r q
by
Deputy
STATE OF COLORADO
COUNTY OF GARFIELD
ORDERED BY:J. SCHENK
SB.
CERTI•ATE OF TAXES DUE
Ceicate 962494
NOTICE
I, the undersigned, do hereby certify that the entire amount of Real
Estate taxes due upon parcels of real estate property described herein,
and all sales of the same for unpaid real estate taxes shown by the
records in my office, from which the same may still be redeemed with
the amount required for redemption, are as noted herein.
J & S ENTERPRISES
190 MEADOW LN
GLENWOOD SPRINGS CO 81601-9516
000279 109 ROAD
SCHEDULE DISTRICT
080591 008 2185 354 04 015
DESCRIPTION AMOUNT
RIVER RIDGE PUD
35-6-89
BLK LOT 0
COMMON ELEMENTS -EXCEPT 2.01 AC
BK 0527 PG 0271
BK 0527 PG 0272
BK 0531 PG 0246
BK 0531 PG 0249
BK 0481 PG 0009
BK 0656 PG 0950
BK 0654 PG 0930
BK 0761 PG 0458
BK 0876 PG 0499
PRE SCHED 080490
TOTAL VALUE 35760
ACRES: 3.250
1995 TAX $2,822.21
* * * * TAXES DUE *
TAX DUE
TTL DUE:
* * *
$0.00
$0.00
Taxing Entity
Mill Levy Tax Dollars
GARFIELD COUNTY - GENERAL FUND
GARFIELD COUNTY - AIRPORT
GARFIELD COUNTY - ROAD & BRIDGE FUND
GARFIELD COUNTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITURES
GARFIELD COUNTY - RETIREMENT FUND
GLENWOOD RURAL FIRE - GENERAL FUND
COLORADO RIVER WATER CONSERVATION DIST.
WEST DIVIDE WATER CONSERVANCY - GENERAL
RE -1 GENERAL
RE -1 BOND
COLORADO MOUNTAIN COLLEGE
GLENWOOD RURAL FIRE - BOND
GARFIELD COUNTY - OIL & GAS
9.706
0.132
1.557
1.353
0.351
0.350
5.912
0.383
0.330
38.355
14.606
3.997
1.683
0.206
347.09
4.72
55.68
48.38
12.55
12.52
211.41
13.70
11.80
1,371.57
522.31
142.93
60.18
7.37
Information regarding special taxing districts and boundaries of such districts
may be on file or deposit with the Board of County Commissioners, the County
Clerk and Recorder, or the County Assessor.
This certificate does not include land or improvements assessed under a
separate schedule number, Personal Property Taxes, or Special Improvement
District Assessments, Mobile Homes, or Severed Minerals unless
specifically mentioned.
Total Calculated Through 09/30/96
STATE OF COLORADO
SS.
COUNTY OF GARFIELD
Total Taxes Due: $0.00
FEE: $10.00
CERTIFICATE OF TAXES DUE Certificate 962494
• •
FIRE PROTECTION AND EMERGENCY WATER AGREEMENT
THIS AGREEMENT, made and entered into this 1 day of rp c+ -c.)6 e v-- , 1994,
by and between WESTBANK RANCH HOMEOWNERS' ASSOCIATION, a Colorado nonprofit
corporation, (hereinafter referred to as "Westbank"), and RIVER RIDGE HOMEOWNERS
ASSOCIATION, a Colorado nonprofit corporation, (hereinafter referred to as "River Ridge"),
WITNESSETH:
WHEREAS, Westbank is the owner of a domestic water system, including wells, storage
and distribution lines, (hereinafter referred to as the "Westbank Water System"), which system
serves the Westbank Ranch Subdivision, Filings #1, #2 and #3, located in the County of
Garfield, State of Colorado; and
WHEREAS, River Ridge is the owner of a domestic water system, including wells and
distribution lines, (hereinafter referred to as the "River Ridge Water System"), which subdivision
is known as River Ridge P.U.D. and lies immediately adjacent to Westbank Ranch Subdivision,
Filing #3; and
WHEREAS, River Ridge must provide adequate water storage for fire protection
purposes, which storage is available in the Westbank Water System; and
WHEREAS, River Ridge is the owner of two (2) water wells located on the River Ridge
P.U.D. capable of providing domestic water service to the River Ridge P.U.D. and also capable
of providing emergency water service to Westbank should the need arise; and
WHEREAS, Westbank has agreed to provide River Ridge the right to use the Westbank
Water System for fire protection services to the River Ridge P.U.D. pursuant to the terms set
forth below.
NOW, THEREFORE, for and in consideration of the covenants and agreements herein
contained, the sufficiency of which is hereby acknowledged, the parties hereto do hereby agree
as follows:
1. Connection for Fire Protection. Westbank hereby grants River Ridge the right
to connect two fire hydrants to the Westbank Water System at a location adjacent to Lot 19,
Filing #3, in the right-of-way known as Meadow Lane. Such connection, including all
excavating, piping, valves, and connectors will be accomplished by the developer of River Ridge
at the sole cost and expense of the developer of River Ridge in a good and workmanlike manner.
Prior to the commencement of such work, River Ridge will provide engineering plans in
sufficient detail, and obtain Westbank's prior written approval, which approval shall not be
unreasonably withheld or delayed. Said work shall be subject to reasonable inspection rights of
Westbank. It is agreed that such connection and all water used from said line shall be used
exclusively for fire protection and suppression purposes and not for domestic, irrigation,
agricultural or other purposes. In the event of actual use of water for fire suppression, River
Ridge shall pay reasonable compensation to Westbank for such use. A future connection valve
will be left in the line at the direction of Westbank to connect into the River Ridge Domestic
ICkiclt Iacp.4,o,iS of lacaid egxekle.i45
n,arVIWWINTIAli .,m
1
• •
System when it meets the same requirements Westbank is required to meet by the Colorado
Public Department of Health, Water Quality Control and the E.P.A.
2. Connection Fee. The developer of River Ridge shall pay $10,000.00 to Westbank
in consideration of the benefit of said connection to Westbank's Water System. Payment of such
sum shall be made not later than November 15, 1994.
3. Maintenance Obligation. River Ridge shall pay all operational expenses,
electricity charges or the costs of any repairs or maintenance relating to the River Ridge Water
System up to and including the point of connection to the Westbank Water System. Westbank
shall pay all operational expenses, electrical charges or other costs of any repairs or maintenance
relating to the Westbank Water System, but not including any portion of the River Ridge Water
System .
4. Emergency Domestic Water Services. In the event either Westbank or River
Ridge experiences a catastrophic failure of their domestic water system supply, then, to the
extent permitted by governmental authority, the party so experiencing such failure shall be
entitled to use the domestic water system of the other party on an emergency basis until repairs
are completed on such party's water system. The party experiencing such failure shall use all
due diligence in making such repairs and shall pay reasonable compensation to the other for such
use.
5. Maintenance Easement. River Ridge will secure an easement for maintenance and
repair purposes five feet on either side of the center line of such installed water line from the
boundary of Lot 19, Filing #3, Westbank Ranch Subdivision, to the water lines of the Westbank
Water System installed in Meadow Lane. Prior to construction, River Ridge will have obtained
an easement across Lot 19, Filing #3, Westbank Ranch Subdivision and provided recorded
evidence of same to Westbank. Also an easement for the water line will be provided and
obtained in the River Ridge Subdivision.
6. Agreement to Indemnify and Hold Harmless. Each party shall indemnify and hold
the other party harmless from any and all damages, liens, claims, debts, expenses, liabilities,
including but not limited to attorney's fees and costs (whether incurred before or after suit),
which may be incurred by such other party as a result of a claim, demand or judgment of a third
party and which arises solely out of the exercise of the indemnifying party's rights with respect
to this Agreement.
7. Default. In the event of a default or breach by either party hereto of any of the
terms, covenants and conditions hereof, the other party shall be entitled forthwith to full and
adequate relief by injunction or by all other available legal and equitable remedies from the
consequences of such default or breach. Notwithstanding the foregoing, a failure of either
party's water system in whole or in part, which failure limits the capacity of such system to
provide water under this agreement shall not be deemed to be a default hereunder so long as
such party uses its best efforts and due diligence to repair or replace same. All costs and
expenses caused by or relating to such default or breach, including reasonable attorney's fees
and costs, whether incurred before or after suit, shall be assessed against and be the
2
• •
responsibility of the defaulting party and shall be recovered by the non -defaulting party. The
remedies provided herein shall be cumulative and not exclusive.
8. Mechanic and Other Liens. River Ridge shall indemnify and hold Westbank
harmless from and against all mechanic's, laborer's or materialmen's liens which may be filed
in connection with the construction, operation, maintenance and repairing of the water line
connecting to the water system of Westbank or River Ridge's use of the easement, and shall
cause such liens to be released within 30 days of any such lien being filed against Westbank's
real property. River Ridge shall further reimburse Westbank for any attorneys' fees and costs
which Westbank may incur because of any such lien.
9. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto, and there are no agreements, written or oral, understandings, restrictions or
warranties between the parties other than those set forth herein.
10. Severability. In the event any part of this Agreement is found to be void, the
remaining provisions of this Agreement shall nevertheless be binding with the same effect as
though the void part was deleted.
11. Modification and Waiver. This Agreement, including any exhibits, constitutes
the entire agreement between the parties pertaining to the subject matter contained in it and
supersedes all prior and contemporaneous agreements, representations and understandings of the
parties. No supplement, modification or amendment of this Agreement shall be binding unless
executed in writing by all the parties. No waiver of any of the provisions of this Agreement
shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor
shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in
writing by the party making the waiver.
12. Captions. The captions for the articles and sections of this Agreement are
included for purposes of convenience only and shall not affect the construction or interpretation
of any of its provisions.
13. Binding Effect. All covenants, conditions, promises and provisions of this
agreement shall be deemed to be covenants running with the land and shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
IN WITNESS WHEREOF, this Agreement has been executed and delivered the day and
year first above set forth.
WESTBANK RANCH HOMEOWNERS'
ASSOCIATION, a Colorado Nonprofit
Corporation /
By: ( 2'
3
RIVER RIDG
ASSOCIA
Corporatio
By:
• •
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
The foregoing instrument was acknowledged before me this / 'i day of
Dent. -z , 1994, by 5I4= tird a,. 77/E as ?,8.4-15/ ,,,T
of Westbank Ranch Homeowners' Association, a Colorado nonprofit corporation.
WITNESS my hand and official seal.
My commission expires: ./a8frs
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Notary Public
The foregoing instrument was acknowledged before me this 1 Cf day of
1v1/' , 1994, by Walter A. Stowe as President of River Ridge Enterprises
Homeowners' Association, a Colorado nonprofit corporation.
WITNESS my hand and official seal.
My commission expires:
4
Public
‘,-1-9 7
UTILITY EASEMENT
Robert H. Spuhler and Jacilyn E. Spuhler, collectively "Grantor", whose address is
0224 Meadow Lane, Glenwood Springs, Colorado, 81601, for Ten Dollars and other good and
valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby
acknowledged, hereby sell and convey to J & S Enterprises, a limited liability partnership,
"Grantee", whose address is P.O. Box 1975, Glenwood Springs, Colorado, 81602, Grantee's
successors, assigns, lessees, licensees, and agents, a non-exclusive easement for the purpose of
laying, constructing, operating, inspecting, maintaining, repairing, replacing, substituting,
relocating and removing a water line and the appurtenant parts thereof under and across lands
conveyed by this grant of easement.
1. DESCRIPTION. The easement shall be 15 feet wide and is legally described as:
A strip of land situated in Lot 20, Westbank Ranch Subdivision. Filing No. 3, as
shown on the Plat recorded as Reception No. 261679 of the Garfield County
Clerk and Recorder's Office, County of Garfield, State of Colorado. Said
easement being the Southerly 15.00 feet of said Lot 20;
(the "Easement"). The water line shall be constructed, modified. inspected, maintained,
repaired, replaced, substituted, relocated or removed at Grantee's own expense in a good and
workmanlike manner, and with due diligence to avoid as much as possible any inconvenience
to the surface rights and any other interest in the Easement not conveyed by this grant of
Easement and to adjacent real property.
2. TERM. The rights granted herein shall be possessed and enjoyed by Grantee,
Grantee's successors and assigns, so long as the water line constructed pursuant hereto shall be
maintained and operated by Grantee, Grantee's successors and assigns.
3. RIGHT OF ACCESS. Grantee, together with Grantee's employees, contractors
and agents, shall at all times, and at their own cost and expense, have access to the Easement
for the purposes described herein. There shall be no separate fee charged by Grantor for access
to same.
4. RIGHTS OF GRANTOR. Grantor, Grantor's successors and assigns, reserve the
right to use and enjoy the Easement, to the fullest extent possible so long as such use does not
unreasonably interfere with the exercise by Grantee of Grantee's rights granted herein. Grantor
further reserves the right to assign and convey to others a right to use the Easement, subject to
Grantee's rights as granted herein.
5. SURFACE DAMAGE. Grantee agrees to bury all lines constructed in the
Easement at a sufficient depth to comply with all applicable laws, including all zoning and
building codes and related ordinances, and not interfere with the cultivation, drainage or
permitted improvements which may be installed on the Easement. Grantee, Grantee's successors
and assigns, shall pay for any damages done to the Easement and any permitted improvements
thereto caused by Grantee's construction, operation, inspection. maintenance, repair.
AFTER RECORDING, RETURN TO: Schenk, Kerst
dewinter, 302 Eighth Street, Su_:e 310,
Glenwood S 7r_:2s, CO 81_,01
• •
replacement, substitution, relocation, installation and removal of the water line or other
permitted use of the Easement, including but not limited to, restoration of all surface
improvements such as fences, roads or concrete.
6. RESTORATION OF SURFACE. After the installation of the water line in the
Easement, the later exercise of Grantee's rights in the Easement, or the abandonment or
expiration of the Easement for any reason, Grantee shall, at Grantee's sole cost, remove all
lines and other property placed in the Easement by or for Grantee, and Grantee shall fill and
level all ditches, ruts and depressions caused by construction, maintenance, repair or removal
operations, remove all debris resulting therefrom, remove all stakes and posts that Grantee may
have caused to be put in the Easement, and generally restore the same to as or near its original
condition as may be possible, all within a reasonable time after the cessation of Grantee's
exercise of rights in the Easement. If Grantee fails to do so, Grantee agrees to reimburse
Grantor for the cost of such removal and restoration operations.
7. SEPARATE REMOVAL OF TOPSOIL. If, in the exercise of Grantee's rights
in the Easement, it becomes necessary for Grantee to remove topsoil from the Easement, then
Grantee shall remove such topsoil separately from other material removed by Grantee and
replace such topsoil on top of the Easement expeditiously after such exercise.
8. PROTECTION AND MAINTENANCE OF FENCES. Grantee shall have the
right to cross fences on the Easement whenever such crossing shall be necessary in the
construction, maintenance or operation of Grantee's water line. Grantee shall, however,
maintain a proper enclosure at all times, and restore all such fences as promptly as possible to
their condition prior to the crossing.
9. INTERFERENCE WITH EXISTING LINES. In the event there are existing
water, sewer, electrical, gas, communication or other utility lines or facilities or other
improvements located on, under or over the Easement, Grantee shall use the Easement so as to
avoid any interference with any such existing lines, facilities or other improvements.
10. IMPROVEMENTS BY GRANTOR ON EASEMENT. Grantor shall not use or
improve the Easement in any manner which would obstruct or interfere with Grantee's use of
the Easement in accordance with this Easement. Notwithstanding anything herein to the
contrary, Grantor, Grantor's successors and assigns may use the Easement for any purpose as
long as such use does not unreasonably interfere with Grantee's use thereof. Specifically, the
Easement may be wholly or partially paved, fenced, sidewalks may run across the same or other
utilities may run across or be buried within the Easement.
11. NO 1IF"ICATION TO GRANTOR OF USE OF EASEMENT. Prior to Grantee
constructing, laying, inspecting, maintaining, repairing, replacing, substituting, relocating or
removing the water line on the Easement as specified herein, Grantee shall give at least ten (10)
days notice to Grantor of Grantee's intent to do the same. The purpose of this notice shall be
to allow Grantor to coordinate Grantee's use of the Easement so that Grantee will not
unreasonably interfere with Grantor's use of the same. In the event of an emergency, ten (10)
days notice shall not be required but telephonic notice shall be given to Grantor within a
reasonable time.
JRSAUVIARCGArTILITY EAS
2
• •
12. AGREEMENT TO INDEMNIFY AND HOLD HARMLESS. Grantee shall
indemnify and hold Grantor harmless from any and all damages, liens, claims, debts, expenses,
liabilities, including but not limited to attorneys' fees and costs (whether incurred before or after
suit), which may be incurred by Grantor arising out of the exercise by Grantee of Grantee's
rights with respect to the Easement.
13. DEFAULT. In the event of a default or breach by either party hereto of any of
the terms, covenants and conditions hereof, the other party shall be entitled forthwith to full and
adequate relief by injunction or by all other available legal and equitable remedies from the
consequences of such default or breach. All costs and expenses caused by or relating to such
default or breach, including reasonable attorneys' fees and costs, whether incurred before or
after suit, shall be assessed against and be the responsibility of the defaulting party and shall be
recovered by the non -defaulting party. The remedies provided herein shall be cumulative and
not exclusive.
14. MECHANIC AND OTHER LIENS. Grantee shall indemnify and hold Grantor
harmless from and against all mechanic's, laborer's and/or materialmen's liens which may be
filed in connection with the construction, laying, operation, inspection, maintenance, repairing,
replacing, substituting, relocating, removing of the water line or Grantee's use of the Easement,
and shall cause such liens to be released within 30 days of any such lien being filed against
Grantor's real property. Grantee shall further reimburse Grantor for any attorneys' fees and
costs which Grantor may incur because of any such lien.
15. BINDING EFFECT. All covenants, conditions, restrictions and provisions of this
Easement shall be deemed to be covenants running with the land and shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
SIGNED this s,-";073 day of August, 1996.
H JgS,RNFRR1l41tmL,fl EAS
3
GRANTOR:
By:
Robert H. Sp er
By:
c/JacOn E. Spuhler
. •
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
The foregoing was acknowledged before me this day of
1996, by Robert H. Spuhler and Jacilyn E. Spuhler.
WITNESS my hand and official seal.
My commission expires:
My Commission expires 7-3-99
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
lotary Public
The foregoing was acknowledged before me this ,:1' day of
1996, by (e,14",&,41. 14 as Partner of J & S Enterprises, ited liability
partnership.
WITNESS my hand and official seal.
My commission expires:
My Commission expires 7-3-99 Notary Public
4 J2sUUVERRI i trr EAS
4
•
QUIT CLAIM DEED
RIVER RIDGE PARTNERS, LLP, a Limited Liability Partnership, Grantor, for the
consideration of Ten Dollars and other good and valuable consideration, in hand paid, the receipt
and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and
QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM
unto RIVER RIDGE HOMEOWNERS ASSOCIATION, Grantee, whose address is P.O. Box
276, Glenwood Springs, Colorado, 81602, Grantee's successors and assigns, forever, all the
right, title, interest, claim and demand which Grantor has in and to certain property to held as
common elements and located in the River Ridge P.U.D. Subdivision, which subdivision is
depicted on a plat of same recorded in the Garfield County Records, and otherwise situate, lying
and being in the County of Garfield and State of Colorado, more particularly described as
follows:
The domestic water pumping, delivery and storage systems for the River Ridge
P.U.D. Subdivision, including without limitation all wells, well casings, intakes,
screens, pumps, well houses, pipes, valves and storage tanks.
All well and well rights appurtenant to the Subdivision, collectively referred to
as the "water rights", including, without limitation: Owens Domestic Well No.
1 as decreed in Case No. W-1299 for 0.022 c.f.s. of domestic water and Owens
Domestic and Irrigation Well No. 1 as decreed in Case No. W-1300 for 0.10
c.f.s. of domestic, irrigation and stock water.
All of Grantor's right, title and interest in and to Water Allotment Contract No.
920619-KWS with the West Divide Water Conservancy District to service the
River Ridge P.U.D. Subdivision.
All common areas depicted on the plat of the River Ridge P.U.D. Subdivision,
including, without limitation, all easements and rights of way, roadways, signs
and other improvements thereon.
All rights under that certain Utility Easement dated August 30, 1996, and
recorded September 17, 1996, in Book 992 at Page 465 as Reception No. 498494
of the records of the Clerk and Recorder of Garfield County, Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use,
benefit and behoof of Grantee, Grantee's successors and assigns forever.
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss
RIVER RIDGE PARTNERS, LLP,
a Limited Liability Partnership
By:
General Partner
The foregoing instrument was acknowledged before me this day of
, 1996, by Walter Allen Stowe, as General Partner of River Ridge Partners,
LLP, a Limited Liability Partnership.
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
Il: VRS\tIV17tRDG\QCD.IRN
AFTER RECORDING, RETURN TO:
Schenk, Kerst & deWinter, P.C.
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
• •
BY-LAWS
OF
RIVER RIDGE HOMEOWNERS ASSOCIATION
INTRODUCTION
These Bylaws of River Ridge Homeowners Association, (the "Association") are adopted
for the regulation and management of the Association in conformance with the Colorado
Nonprofit Corporation Act, C.R.S. 7-20-101, et seq., as amended from time to time (the
"Nonprofit Corporation Act") and the Colorado Common Interest Ownership Act, C.R.S. 38-
33.3-101, et seq., as amended from time to time (the "Act"). The Association is referenced in
the Declaration of Covenants, Conditions, Restrictions and Easements (the "Declaration") for
the River Ridge Planned Unit Development, located near Glenwood Springs, Colorado, which
Declaration has been recorded in the Office of the Clerk and Recorder of Garfield County,
Colorado. The Association is to operate the Common Interest Community for same, in
accordance with the requirements for an association of Unit Owners charged with the
administration of property under the Act. Each capitalized term not otherwise defined in these
Articles shall have the meaning specified or used in the Act or as defined in the Declaration.
ARTICLE I
UNIT OWNERS/MEMBERS
1.1 Unit Owners/Members. Every Unit Owner while such person is a Unit Owner,
shall be a Member of the Association. Membership shall be appurtenant to and may not be
separated from Ownership of any Unit. No Unit Owner, whether one or more persons, shall
have more than one membership per Unit owned, but all of the persons owning each Unit shall
be entitled to rights of membership and use and enjoyment appurtenant to such Ownership.
1.2 Annual Meeting. Annual meetings of Members shall be held in December of
each year on such date and time as set forth in the notice. At the annual meetings, the Directors
of the Executive Board shall be elected by ballot of the Members, in accordance with the
provisions of Article II of these Bylaws. The Members also shall set a time (within 10 days of
each such annual meeting) and place for the first regular meeting of the Executive Board. The
Members may transact other business as may properly come before them at these annual
meetings.
1.3 Special Meetings. Special meetings of the Association may be called by the
president, by a majority of the Directors of the Executive Board or by Members comprising 20
percent of the votes in the Association.
1.4 Place of Meetings. Meetings of the Members shall be held at the Property or at
a suitable place convenient to the Members, as may be designated by the Executive Board.
1.5 Notice of Meetings. The secretary or other officer specified in the Bylaws shall
cause notice to be hand delivered or sent prepaid by United States mail to the mailing address
H JRS'RIN ARIJG BYLAWS 1
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of each Unit or to the mailing address designated in writing by the Member, not less than ten
(10) nor more than fifty (50) days in advance of a meeting. Such notice shall state the time and
place of the meeting and the items on the agenda, including, if applicable, the general nature of
any proposed amendment to the Declaration or these bylaws, any budget changes, and any
proposal to remove an officer or member of the Executive Board. No action shall be adopted
at a meeting except as stated in the notice.
1.6 Waiver of Notice. Any Member may, at any time, waive notice of any meeting
of the Members in writing, and the waiver shall be deemed equivalent to the receipt of notice.
1.7 Adjournment of Meeting. At any meeting of Members, a majority of the
Members who are present at that meeting, either in person or by proxy, may adjourn the
meeting to another time.
1.8
be as follows:
Order of Business. The order of business at all meetings of the Members shall
(a) Roll call or equivalent check-in procedure of Members present and entitled to
vote;
(b) Inspection and verification of proxies
(c) Proof of notice of meeting;
(d) Reading of minutes of preceding meeting;
(e) Reports of officers;
(f) Committee reports
(g) Establish number and terms of Directors of the Executive Board (if required and
noticed);
(h) Election of inspectors of election (when required);
(i) Election of Directors of the Executive Board (when required);
(j) Establish a time (within 10 days of the annual meeting) and place for the first
regular meeting of the Executive Board;
(k) Ratification of budget (if required and noticed);
(1) Unfinished business; and
(m) New business.
1.9 Voting. Voting shall be based on one vote per Unit. The Members shall be of
one class as defined in the Declaration.
(a) If only one of several co-owners of a Unit is present at a meeting of the
Association, the owner present is entitled to cast the vote allocated to the Unit. Individual
co-owners may not cast fractional votes. If more than one of the co-owners are present, the vote
allocated to the Unit may be cast only in accordance with the agreement of a majority in interest
of the co-owners. There is majority agreement if any one of the co-owners casts the vote
allocated to the Unit without protest being made promptly to the person presiding over the
meeting by another co-owner of the Unit, in which case such Member's vote shall not be
counted. The Members shall be of one class as defined in the Declaration.
11. JRS,R1\'11,Rrr BYLAWS
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(b) Votes allocated to a Unit may be cast under a proxy duly executed by a Member,
provided that any proxy shall be filed with the Secretary of the Association at least 24 hours
prior to the time of any meeting. If a Unit is owned by more than one person, each owner of
the Unit may vote or register protest to the casting of votes by the other owners of the Unit
through a duly executed proxy. A Member may revoke a proxy given under this section only
by actual notice of revocation to the person presiding over a meeting of the Association. A
proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates
one year after its date, unless it specifies a shorter term.
(c) The vote of a corporation or business trust may be cast by any officer of that
corporation or business trust in the absence of express notice of the designation of a specific
person by the board of directors or bylaws of the owning corporation or business trust. The
vote of a partnership may be cast by any general partner of such entity in the absence of express
notice of the designation of a specific person by the owning partnership. The vote of a limited
liability company may be cast by any manager of such entity in the absence of express notice
of the designation of a specific person by the owning limited liability company. The moderator
of the meeting may require reasonable evidence that a person voting on behalf of a corporation,
partnership, limited liability company or business trust owner is qualified to vote.
1.10 Quorum. Members present in person or by proxy at any meeting of Members
but no less than 20 percent of the Members, shall constitute a quorum at that meeting.
1.11 Majority Vote. The vote of a majority of the Members present in person or by
proxy at a meeting at which a quorum is present shall be binding upon all Members for all
purposes except where a higher percentage vote is required in the Declaration, these Bylaws or
by law.
ARTICLE I
EXECUTIVE BOARD
2.1 Number and Qualification. The affairs of the Common Interest Community and
the Association shall be governed by an Executive Board which shall consist of three (3) persons
to be known as "Directors", who, excepting the Directors appointed by the Declarant, shall be
Unit Owners. If any Unit is owned by a partnership or corporation, any officer, partner or
employee of that Unit Owner shall be eligible to serve as a Director and shall be deemed to be
a Unit Owner for the purposes of the preceding sentence. Directors shall be elected by the Unit
Owners, except for those appointed by the Declarant. Directors shall serve until their successors
are duly elected and qualified.
2.2 Powers and Duties. The Executive Board may act in all instances on behalf of
the Association, except as provided in the Declaration, the Articles of Incorporation of the
Association (the "Articles"), these Bylaws or the Act. The Executive Board shall have, subject
to the limitations contained in the Declaration, the Articles and the Act, the powers and duties
necessary for the administration of the affairs of the Association and of the Common Interest
Community, which shall include the powers and duties set forth in the Declaration.
II:URS\RIVIflIX .RYL1W S
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2.3 Election and Term of Office. At annual meetings of the Members of the
Association to be held as herein provided, the terms of office of the Directors may be fixed for
such period of time as the Members entitled to vote may determine, and such terms may be
staggered, that is to say, various Directors may be elected for terms of different lengths so that
there will be a carryover of old Directors at each annual meeting, and only new Directors will
be designated thereafter, provided that nothing herein contained shall prevent the election of a
Director whose term has expired to a new term as such Director. At any meeting at which
Directors are to be elected, the Members may, by resolution, adopt specific procedures which
are not inconsistent with these Bylaws or the Corporation Laws of the State of Colorado for
conducting the elections.
2.4 Vacancies. Vacancies in the Executive Board, caused by any reason other than
the removal of a Director by a vote of the Members, may be filed at a special meeting of the
Executive Board held for that purpose at any time after the occurrence of the vacancy, even
though the Directors present at that meeting may constitute less than a quorum. Vacancies shall
be filled in the following manner:
(a) As to vacancies of Directors whom Members other than the Declarant elected, by
a majority of the remaining elected Directors constituting the Executive Board, and
(b) As to vacancies of Directors whom the Declarant has the right to appoint, by the
Declarant.
Each person so elected or appointed shall be a Director for the remainder of the term of
the Director so replaced. The term of office of any Director shall be declared vacant when such
Director ceases to be a Member of the Association by reason of the transfer of such Director's
ownership of a Unit.
2.5 Removal of Directors. Members, by a majority vote of all persons present and
entitled to vote, at any meeting of the Members at which a quorum is present, may remove any
Director of the Executive Board, other than a Director appointed by the Declarant, with or
without cause.
2.6 Regular Meetings. The first regular meeting of the Executive Board following
each annual meeting of the Members shall be held within 10 days after the annual meeting at
a time and place to be set by the Members at the meeting at which the Executive Board shall
have been elected. No notice shall be necessary to the newly elected Directors in order to
legally constitute such meeting, provided a majority of the Directors are present. The Executive
Board may set a schedule of additional regular meetings by resolution, and no further notice is
necessary to constitute regular meetings.
2.7 Special Meetings. Special meetings of the Executive Board may be called by the
President or by a majority of the Directors on at least three (3) business days' notice to each
Director. The notice shall be hand delivered or mailed and shall state the time, place and
purpose of the meeting.
11: VRS\RI V [ARDG\ RYI A W S
4
2.8 Location of Meetings. All meetings of the Executive Board shall be held within
the County of Garfield, unless all Directors consent in writing to another location.
2.9 Waiver of Notice. Before or at any meeting of the Board of Directors, any
Director may, in writing, waive notice of such meeting, and such waiver shall be deemed
equivalent to giving of such notice. Attendance by a Director at any meeting of the Executive
Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no
notice shall be required, and any business may be transacted at such meeting.
2.10 Quorum of Directors. At all meetings of the Executive Board, a majority of the
Directors shall constitute a quorum for the transaction of business, and the votes of a majority
of the Directors present at a meeting at which a quorum is present shall constitute a decision of
the Executive Board. If, at any meeting, there shall be less than a quorum present, a majority
of those present may adjourn the meeting. At any adjourned meeting at which a quorum is
present, any business which might have been transacted at the meeting originally called may be
transacted without further notice.
2.11 Compensation. A Director may/shall not receive a fee from the Association for
acting as a Director, as may be set by resolution of the Members. and may also/but may
receive reimbursement for necessary expenses actually incurred in connection with the Director's
duties. Directors acting as officers may also/shall not be compensated for those duties.
2.12 Consent to Corporate Action. If all the Directors or all Directors of a committee
established for such purposes, as the case may be, severally or collectively consent in writing
to any action taken or to be taken by the Association, and the number of the Directors
constitutes a quorum, that action shall be a valid corporate action as though it had been
authorized at a meeting of the Executive Board or the committee, as the case may be. The
secretary shall file these consents with the minutes of the meetings of the Executive Board.
2.13 Telephone Communication in Lieu of Attendance. A Director may attend a
meeting of the Executive Board by using an electronic or telephonic communication method
whereby the Director may be heard by the other Directors and may hear the deliberations of the
other Directors on any matter properly brought before the Executive Board. The Director's vote
shall be counted and the presence noted as if that Director were present in person on that
particular matter.
2.14. Manager or Managing Agent. The Executive Board may engage the services
of a manager or managing agent for the purpose of administering and carrying out the purposes
and intent of the Declaration; provided, however, the manager or managing agent shall not have
authority to levy assessments or to take action which affects the title of a Member in and to such
owner's Unit, or his interest in the common elements, which rights shall be reserved to the
Board of Directors, subject to the vote of the Members of the Association as provided in the
Articles or these By -Laws, the Declaration or the Act.
2.15 Indemnification. The Directors of the Executive Board shall not be liable to the
Members of the Association or to any other person for any mistake of judgment, negligence, or
otherwise, except in the event of wanton and willful acts or omissions. The Association shall
II:VRS,RIS'IRROG BYLAWS
indemnify and hold harmless each of the Directors of the Executive Board against all contractual
liabilities of others arising out of contracts made by the Executive Board on behalf of the
Association and its Members, and in connection with any act performed pursuant to the
Declaration, unless such Director or Directors are adjudged guilty of wanton and willful acts or
omissions in the performance of their duties as Directors. Without limiting the forgoing, the
Directors of the Executive Board of the Association shall have the liabilities, and be entitled to
indemnification, as provided in Colorado's nonprofit corporation laws.
ARTICLE III
OFFICERS
3.1 Designation. The principal officers of the Association shall be the president, the
vice president, the secretary and the treasurer, all of whom shall be elected by the Executive
Board. The Executive Board may appoint an assistant treasurer, an assistant secretary and other
officers as it finds necessary. The president and vice president, but no other officers, need to
be Directors. Any two offices may be held by the same person, except the offices of president
and secretary. The office of vice president may be vacant.
3.2 Election of Officers. The officers of the Association shall be elected annually
by the Executive Board at the organizational meeting of each new Executive Board. They shall
hold office at the pleasure of the Executive Board.
3.3 Removal of Officers. Upon the affirmative vote of a majority of the Directors,
any officer may be removed, either with or without cause. A successor may be elected at any
regular meeting of the Executive Board or at any special meeting of the Executive Board called
for that purpose.
3.4 President. The president shall be the chief executive officer of the Association.
The president shall preside at all meetings of the Members and of the Executive Board. The
president shall have all of the general powers and duties which are incident to the office of
president of a non -stock corporation organized under the laws of the State of Colorado, including
but not limited to the power to appoint committees from among the Members from time to time
as the president may decide is appropriate to assist in the conduct of the affairs of the
Association. The president may fulfill the role of treasurer in the absence of the treasurer. The
president may cause to be prepared and may execute, certify, and record amendments, attested
by the secretary, to the Declaration and these Bylaws on behalf of the Association, following
authorization or approval of the particular amendment as applicable.
3.5 Vice President. The vice president shall take the place of the president and
perform the president's duties whenever the president is absent or unable to act. If neither the
president nor the vice president is able to act, the Executive Board shall appoint some other
Director to act in the place of the president on an interim basis. The vice president shall also
perform other duties required by the Executive Board or by the president.
3.6 Secretary. The secretary shall keep the minutes of all meetings of the Members
and the Executive Board. The secretary shall have charge of the Association's books and papers
as the Executive Board may direct and shall perform all the duties incident to the office of
11.'.IRS\RI V IAROC1 RYIA W S
• •
secretary of a non -stock corporation organized under the laws of the State of Colorado. The
secretary may attest to the execution by the president of amendments to the Declaration and the
Bylaws on behalf of the Association, following authorization or approval of the particular
amendment as applicable.
3.7 Treasurer. The treasurer shall be responsible for Association funds and
securities, for keeping full and accurate financial records and books of account showing all
receipts and disbursements and for the preparation of all required financial data. The treasurer
shall be responsible for the deposit of all monies and other valuable effects in depositories
designated by the Executive Board and shall perform all the duties incident to the office of
treasurer of a non -stock corporation organized under the laws of the State of Colorado. The
treasurer may endorse on behalf of the Association, for collection only, checks, notes and other
obligations and shall deposit the same and all monies in the name of and to the credit of the
Association in banks designated by the Executive Board. Except for reserve funds described
below, the treasurer may have custody of and shall have the power to endorse for transfer, on
behalf of the Association, stock, securities or other investment instruments owned or controlled
by the Association or as fiduciary for others. Reserve funds of the Association shall be
deposited in segregated accounts or in prudent investments, as the Executive Board determines.
Funds may be withdrawn from these reserves for the purposes for which they were deposited,
by check or order, authorized by the treasurer, and executed by two Directors, one of whom
may be the treasurer if the treasurer is also a Director.
3.8 Agreements, Contracts, Deeds, Checks and Other Instruments. Except as
otherwise provided in these Bylaws, all agreements, contracts, deeds, leases, checks and other
instruments of the Association may be executed by any officer of the Association or by any other
person or persons designated by the Executive Board.
3.9 Compensation. An officer may receive a fee from the Association, in an amount
set by resolution of the Members, for acting as an officer. An officer may also receive
reimbursement for necessary expenses actually incurred in connection with Association duties.
3.10. Indemnification. Officers of the Association shall be indemnified for any act
they may perform upon behalf of the Association in the same manner herein provided for
indemnification of the Board of Directors. Without limiting the forgoing, the officers of the
Association shall have the liabilities, and be entitled to indemnification, as provided in
Colorado's nonprofit corporation laws.
3.11 Statements of Unpaid Assessments. The treasurer, assistant treasurer, a manager
employed by the Association or, in their absence, any officer having access to the books and
records of the Association may prepare, certify, and execute statements of unpaid assessments,
in accordance with Section 38-33.3-316 of the Act. The Association may charge a reasonable
fee for preparing statements of unpaid assessments. The amount of this fee and the time of
payment shall be established by resolution of the Executive Board. The Association may refuse
to furnish statements of unpaid assessments until the fee is paid. Any unpaid fees may be
assessed as a Common Expense against the Unit for which the statement is furnished.
11'JPS RI\'IXNI\G',PYIA\VS
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ARTICLE IV
ENFORCEMENT
4.1 Abatement and Enjoinment of Violations by Members. The violation of any
of the Rules and Regulations adopted by the Executive Board or the breach of any provision of
the Declaration shall give the Executive Board the right after notice and hearing, except in case
of an emergency, in addition to any other rights set forth in these Bylaws:
(a) To enter the Unit or Limited Common Element in which, or as to which, the
violation or breach exists and to summarily abate and remove, at the expense of the defaulting
Member, any structure, thing or condition (except for additions or alterations of a permanent
nature that may exist in that Unit) that is existing and creating a danger to the Common
Elements contrary to the intent and meaning of the provisions of the Declaration. The Executive
Board shall not be deemed liable for trespass by this action; or
(b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in
equity, the continuance of any breach.
4.2 Fine for Violation. By resolution, following notice and hearing, the Executive
Board may levy a fine of up to $25 per day for each day that a violation of the Declaration or
Rules and Regulations persists after notice and hearing.
5.1
applicable:
ARTICLE VI
RECORDS
Records. The Association shall keep the following records to the extent they are
(a) An account for each Unit, which shall designate the name and address of each
Member, the name and address of each mortgagee who has given notice to the Association that
it holds a mortgage on the Unit, the amount of each Common Expense assessment, the dates on
which each assessment comes due, the amounts paid on the account and the balance due;
(b) An account for each Member showing any other fees payable by the Member;
(c) A record of any capital expenditures in excess of $1,000 approved by the
Executive Board for the current and next two succeeding fiscal years;
(d) A record of the amount and an accurate account of the current balance of any
reserves for capital expenditures, replacement and emergency repairs, together with the amount
of those portions of reserves designated by the Association for a specific project;
(e) The most recent regularly prepared balance sheet and income and expense
statement of the Association;
(f) The current operating budget;
4 IRS AI\ IYAOG, BYLAWS
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(g) A record of the actual cost, irrespective of discounts and allowances, of the
maintenance of the Common Elements;
(h) All insurance policies then in force, in which the Unit Owners, the Association,
or its Directors or officers are named as insured persons;
(i) The original or a certified copy of the recorded Declaration, as amended, the
Association's Articles of Incorporation, Bylaws, Minute Books, other books and records and any
Rules and Regulations which may have been promulgated;
(j) An inventory list of the Association's tangible personal property;
(k) Copies of any plans and specifications used in the construction of the
improvements in the common elements in the common interest community;
(1) Employment contracts in which the Association is a contracting party;
(m) Any service contract in which the Association is a contracting party or in which
the Association or the Unit Owners have any obligation to pay a fee to the persons performing
the services;
(n) A record of any alterations or improvements to Units or Limited Common
Elements which violate any provisions of the Declaration of which the Executive Board has
actual knowledge;
(o) A record of any violations, with respect to any portion of the Common Interest
Community, of health, safety, fire or building codes or laws, ordinances, or regulations of which
the Executive Board has actual knowledge; and
(p) A record of any unsatisfied judgments against the Association and the existence
of any pending suits in which the Association is a defendant.
5.2 Records Availability. All records maintained by the Association or a manager
employed by the Association shall be available for examination and copying by any Member,
any holder of a Security Interest in a Unit or its insurer or guarantor, or by any of their duly
authorized agents or attorneys, at the expense of the person examining the records, during
normal business hours and after reasonable notice.
ARTICLE VII
GENERAL
6.1 Notices. All notices for the Association or the Executive Board shall be delivered
to the office of the Association, or to such other address as the Executive Board may designate
by written notice to all Members and to all holders of Security Interests in the Units who have
notified the Association that they hold a Security Interest in a Unit. Except as otherwise
provided, all notices to any Member shall be sent to the Member's address as it appears in the
records of the Association. All notices to holders of Security Interests in the Units shall be sent
11 'JRSAIV MAW YIAWS
9
•
by registered or certified mail to their respective addresses, as designated by them in writing to
the Association. All notices shall be deemed to have been given when mailed, except notices
of changes of address, which shall be deemed to have been given when received.
6.2 Waiver. No restriction, condition, obligation or provision contained in these
Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce
the same, irrespective of the number of violations or breaches which may occur.
6.3 Amendment. These Bylaws may be amended only by the assent of at least 67
percent of the Members. No amendment of these Bylaws shall be adopted which would affect
or impair the validity or priority of any security interest encumbering any Unit or which would
otherwise change the provisions of the Bylaws with respect to such security interests of record.
ATTEST:
Certified to be the Bylaws adopted by the Directors of RIVER RIDGE HOMEOWNERS
ASSOCIATION, dated , 199 .
11:URS\RI VERRDG\BYLAWS
10
Secretary
• •
SUBDIVISION IMPROVEMENTS AGREEMENT
RIVER RIDGE P.U.D. SUBDIVISION
THIS AGREEMENT is made and entered into this day of , 1996, by
and between the River Ridge Partners, LLP, a Limited Liability Partnership, (hereinafter
referred to as "Owner/Subdivider") and the Board of County Commissioners of Garfield
County, Colorado (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Owner/Subdivider is the owner and developer of certain real property
located within Garfield County, Colorado, to be known as the River Ridge P.U.D. Subdivision;
and
WHEREAS, the Preliminary Plan for the River Ridge P.U.D. Subdivision was approved
pursuant to Resolution 94-116; and
WHEREAS, Owner/Subdivider has submitted to the County for its approval the Final
Plat for River Ridge P.U.D. Subdivision ( the "Final Plat") more particularly described in said
Final Plat and on Exhibit A attached hereto, both of which are incorporated herein by reference;
and
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of
the State of Colorado, the Owner/Subdivider wishes to enter into this Subdivision Improvements
Agreement with the County; and
WHEREAS, Owner/Subdivider has agreed to execute and deliver a letter of credit to the
County to secure and guarantee the performance of this agreement by Owner/Subdivider, and
has agreed to certain restrictions and conditions regarding the issuance of building permits and
certificates of occupancy, all as more fully set forth hereinafter.
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, the parties hereby agree as follows:
1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final
Plat for River Ridge P.U.D. Subdivision (the "Subdivision"), subject to the terms and conditions
of this agreement, as well as the terms and conditions of the Preliminary Plan approval,
Resolution No. 94-116, and the requirements of the Garfield County Zoning and Subdivision
Regulations.
2. OWNER/SUBDIVIDER'S PERFORMANCE. Owner/Subdivider has
constructed and installed or shall . _use to be constructed and installed, at Owner/Subdivider's
own expense, those improvements set forth in Exhibit B attached hereto, and made a part hereof.
Those improvements shall be completed on or before October 1, 1997. Additionally, the
Owner/Subdivider agrees that those improvements shall be constructed in compliance with the
following:
I INNS` LIV'FxgDG',ClC!, Y SIA 1
• •
A. all plat documents submitted prior to or at the time of the Final
Plat approval;
B. all requirements of Resolution No. 94-116, including all
requirements of the Garfield County Zoning Code and Garfield County
Subdivision Regulations;
C. all laws, regulations, orders and resolutions of the County of
Garfield, State of Colorado, the United States, and any of the various agencies
having jurisdiction, affected special districts and municipalities providing utility
services; and
D. all designs, maps, specifications, sketches, and other materials
submitted to and approved by any of the above -stated governmental entities.
The County agrees that if all improvements are installed in accordance with this
agreement, the Final Plat documents, the requirements of the Garfield County Zoning Code, all
other requirements of this agreement and the requirements of the Preliminary Plan, then the
Owner/Subdivider shall be deemed to have satisfied all terms and conditions of the Zoning and
Subdivision Regulations of Garfield County, Colorado.
3. SECURITY FOR IMPROVEMENTS.
A. LETTER OF CREDIT. On or before the date of the recording of the
Final Plat with the Clerk & Recorder, the Owner/Subdivider shall deliver a letter of credit in
a form which is acceptable to the County, in the amount of $ .00 which is the estimated
costs of the completion of all subdivision improvements related to the Subdivision, as set forth
and certified by a licensed professional engineer in Exhibit B attached hereto, less the cost of
improvements already completed in conformance with relevant requirements, and as certified
in Exhibit B attached hereto. The letter of credit required by this agreement shall be in the full
amount of the uncompleted improvements and shall be issued by a State or National banking
institution, licensed in the State of Colorado, doing business in the State of Colorado, and in a
form acceptable to the County. With the exception of that portion of the letter of credit to be
retained for revegetation of landscaping improvements in accordance with Section 3B below, the
letter of credit must be valid for a minimum of six (6) months beyond the completion date for
the improvements set forth herein. If the time for completion of improvements is extended by
written agreement to this agreement, the time period for the validity of the letter of credit shall
be similarly extended. Additionally, should the letter of credit become void or unenforceable
for any reason prior to the County's acceptance of the improvements, the County may cause the
Final Plat to be vacated pursuant to Section 12 below.
B. PARTIAL RELEASE OF LETTER OF CREDIT. The County shall
release portions of the letter of credit, as portions of the improvements required by this
agreement are completed to the satisfaction of the County. Certification of completion of
improvements adequate to authorize release of security must be submitted by a licensed
professional engineer. Such certification authorizing release of security shall certify that the
improvements have been constructed in accordance with requirements of this agreement,
2
• •
including all Final Plat documents, and shall be stamped upon as -built drawings by said
professional engineer where applicable. The Owner/Subdivider may request release for the
portion of the security upon proof that:
(1) the Owner/Subdivider has a valid contract with a public utility
company regulated by the Colorado P.U.C. or a municipality that obligates such
utility company to install certain utility lines and provide service; and
(2) the Owner/Subdivider has paid such utility company or
municipality the cost of installation of such utilities required to be paid by
Owner/Subdivider under such contract.
Upon submission of a certification of completion of improvements by the
Owner/Subdivider, the County may inspect and review the improvements certified as complete,
to determine whether or not said improvements have been constructed in compliance with the
relevant specifications.
If the County determines that all or a portion of the improvements certified as complete
are not in compliance with the relevant specifications, the County shall furnish a letter of
potential deficiencies to the Owner/Subdivider within fifteen (15) days specifying which
improvements are potentially deficient.
If no letter of potential deficiencies is furnished within said fifteen (15) day period, all
improvements certified as complete shall be deemed accepted and the County shall release the
appropriate amount of security as it relates to the improvements which were certified as
complete.
If a letter of potential deficiencies is issued which identifies a portion of the certified
improvements as potentially deficient, then all improvements not so identified in the letter of
potential deficiencies shall be deemed accepted, and the County shall release the appropriate
amount of security, as such relates to the certified improvements that are not identified as
potentially deficient in the letter.
With respect to any improvements certified as complete, but which are identified as
potentially deficient in the letter of potential deficiencies as provided in this section, the County
shall have thirty (30) days from the date of the letter of potential deficiencies to complete its
investigation and provide written confirmation of the deficiency to the Owner/Subdivider.
If upon further investigation the County finds that the improvements are acceptable, then
appropriate security shall be released to the Owner/Subdivider within ten (10) days after
completion of such investigation.
In the event the improvements are not accepted by the County, the Board of
Commissioners shall make a written finding prior to requesting payment on the letter of credit.
Additionally, the County shall provide the Owner/Subdivider a reasonable period of time to cure
any deficiency prior to requesting payment on the letter of credit.
Ii. JRS`RIVEXRI COUNTY SIn
3
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C. SECURITY FOR REVEGETATION. The cost of the landscaping
improvements has been set forth in Exhibit B attached hereto, including an amount sufficient to
provide for full revegetation of the landscaping required by the Preliminary Plan. The letter of
credit set forth above must provide security for all costs of landscaping. The certificate of
completion for landscaping improvements shall set forth the costs of revegetation, and such
amount shall be retained as security for a period not to exceed one (1) year after such
completion. The initial completion of landscaping shall occur on or before October 1, 1997.
At the conclusion of that one (1) year period from the date of certification of completion, the
amount of security retained for landscaping shall be released by the County upon receipt and
acceptance of written certification from a landscape professional that such landscaping is
complete and is no longer in need of revegetation, and that revegetation is established.
D. SUBSTITUTION OF LETTER OF CREDIT. The County may, at its sole
option, permit the Owner/Subdivider to substitute collateral other than a letter of credit
acceptable to the County for the purpose of securing the completion of the improvements as
hereinabove provided.
E. RECORDING OF FINAL PLAT. No Final Plat shall be recorded
pursuant to this agreement, until the letter of credit described in this agreement, in a form
acceptable to the County, and in an amount acceptable to the County, has been received and
approved by the County.
F. ACKNOWLEDGEMENT OF SATISFACTION. Upon satisfactory
completion of all improvements required by this agreement, the receipt and acceptance of all
written certifications required by this agreement and the expiration of the additional period of
time required under Section 3C above, the County shall execute and deliver a written
acknowledgement of the Owner/Subdivider's satisfaction of this agreement in a recordable form
and fully release all security given hereunder.
4. WATER SYSTEM AND UTILITIES. All easements and real property
constituting the sites of domestic water and other utility systems shall be indicated upon the Final
Plat, and dedicated to, and accepted by the homeowners association for the Subdivision.
Coincident with the recording of the Final Plat, the Owner/Subdivider shall transfer all water
rights to the homeowners association as such are necessary to provide water service to the
Subdivision. Additionally, the Owner/Subdivider shall deed all easements for water services and
utilities to the homeowners association coincident with the recording of the Final Plat.
5. PERMITS. The parties agree that no building permit shall be issued until the
Owner/Subdivider demonstrates to the satisfaction of the Fire District and the County that
adequate water is available for the Fire District's purposes at the site of construction. Further,
the parties agree that no certificate of occupancy shall be issued for any building or structure
within the Subdivision until all subdivision improvements, including completion of the water
system have been completed and are operational, as required by this agreement. The
Owner/Subdivider herein agrees that prior to the conveyance of any lot within the Subdivision,
Owner/Subdivider will provide to the purchaser of that lot a signed copy of Exhibit C attached
hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and
certificates of occupancy.
II.'J0.SlRIV[RRDG,C1,1,NTY SIA
4
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6. ROADS. All roads within the Subdivision shall be private and not dedicated to
the public and are not accepted by the County for purposes of maintenance, upkeep, or repair.
The homeowners association for the Subdivision shall bear the sole responsibility for the
maintenance, repair, upkeep, snow removal and reconstruction of all roads within the
Subdivision.
7. INDEMNITY. To the extent allowed by law, the Owner/Subdivider agrees to
indemnify and hold the County harmless and defend the County from all claims which may arise
as a result of the Owner/Subdivider's installation of the improvements required pursuant to this
agreement. However, the Owner/Subdivider does not indemnify the County for claims made
asserting that the standards imposed by the County are improper or the cause of the injury
asserted. The County shall be required to notify the Owner/Subdivider of receipt of a notice of
claim, or a notice of intent to sue and shall afford the Owner/Subdivider the option of defending
any such claim or action. Failure to notify and provide such written option to the
Owner/Subdivider shall extinguish the County's rights under this section. Nothing hereinstated
shall be interpreted to require the Owner/Subdivider to indemnify the County from claims which
may arise from the negligent acts or omissions of the County or its employees.
8. SCHOOL IMPACT FEES. The parties recognize and agree that the approval
of the Final Plat constitutes approval of 8 single family lots. The parties agree that school
impact fees shall be determined to be $200.00 per dwelling unit. The Owner/Subdivider
specifically agrees that Owner/Subdivider is obligated to pay the same, herein accepts that
obligation, and waives any claim that Owner/Subdivider is not so obligated or required to pay
school impact fees. The Owner/Subdivider agrees that subsequent to recording of the Final Plat,
the Owner/Subdivider will not claim, nor is the Owner/Subdivider entitled to, a reimbursement
of the school impact fees paid in conjunction with this agreement.
9. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this
agreement, the County may withhold issuance of building permits for any structure within the
Subdivision until the breach is remedied.
10. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to
recording of the Final Plat.
11. APPROVAL OF FINAL PLAT. The County herein agrees to approve the Final
Plat of the Subdivision subject to the terms and conditions of this agreement, as well as the
terms and conditions of the Preliminary Plan Approval.
12. CONSENT TO VACATE PLAT. In the event the Owner/Subdivider fails to
comply with the terms of this agreement, including the terms of the Preliminary Plan, the
County shall have the ability to vacate the Final Plat as it pertains to lots which have not been
conveyed for and at market value to bona fide purchasers, which purchasers are not related to
the Owner/Subdivider. Any lots which have been so conveyed shall not be vacated and the plat
as to those lots shall remain valid. The Owner/Subdivider shall provide a survey and complete
legal description with a map showing the location of a portion of the plat so vacated.
II ,IRS, RIS'IRRROGRI L!MY. SIA
5
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13. ENFORCEMENT. In addition to any rights which may be provided by Colorado
statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision
shall have the authority to bring an action in the District Court of Garfield County, Colorado,
to compel enforcement of this agreement.
14. BINDING EFFECT. This agreement shall be a covenant running with the title
to each lot within the Subdivision, and the rights and obligations as contained herein shall be
binding upon and inure to the benefit of the Owner/Subdivider, Owner/Subdivider's successors
and assigns.
15. RECORDING. Upon execution and authorization by the County, the
Owner/Subdivider shall record this agreement with the Office of the Clerk & Recorder for
Garfield County, Colorado.
16. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising
out of or related to this agreement shall lie in the District Court for Garfield County, Colorado,
and be construed pursuant to the laws of the State of Colorado.
17. AMENDMENT. The parties hereto mutually agree that this agreement may be
amended from time to time, provided such amendment is in writing and signed by the parties
hereto.
18. NOTICE. All notices required herein shall be tendered by personal service or
certified mail upon the following individuals or agents of the parties to this agreement:
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood Springs, CO 81601
River Ridge Partners, LLP, a Limited Liability Partnership,
P.O. Box 276
Glenwood Springs, CO 81602
ENTERED INTO the day and year first above written.
OWNER/SUBDIVIDER:
River Ridge Partners, LLP, a Limited Liability
Partnership,
By:
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
By:
Clerk to the Board Chairman
11: URS \RI VERRDT COLINTY. SIA
6
• 1
EXHIBIT A
SUBDIVISION IMPROVEMENTS AGREEMENT
RIVER RIDGE P.U.D. SUBDIVISION
A parcel of land situated in a portion of Lot 5, Section 1 and Lot 1, Section 2 of
Township 7 South and in a portion of Lot 11 and 26, Section 35 and Lot 3, Section 36,
Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State
of Colorado; said parcel being more particularly described as follows:
Commencing at the Southeast corner of said Section 35; thence N. 32°14'21" W. 789.20
feet to the True Point of Beginning; thence N. 42°04'00" E. 137.20 feet; thence S. 48°11'00"
E. 324.47 feet to a point on the westerly line of Reception No. 354946; thence the following six
(6) courses along said westerly line (bearings on said Reception No. 354946 have been rotated):
1) S. 07°15'19" E. 53.40 feet;
2) S. 28°59'28" E. 639.26 feet;
3) S. 30°10'26" E. 79.41 feet;
4) along the arc of a curve to the right having a radius of 395.19 feet and a central
angle of 45°38'45", a distance of 314.84 feet (chord bears S. 08°23'31" E.
306.58 feet);
5) S. 14°25'52" W. 78.63 feet;
6) along the arc of a curve to the left having a radius of 652.52 feet and a central
angle of 16°07'40", a distance of 183.67 feet (chord bears S. 06°22'04" W.
183.07 feet);
thence leaving said westerly line S. 40°32'00" W. 19.87 feet to a point on the easterly line of
Westbank Ranch Subdivision Filing No. 3; thence S. 70°37'00" W. along said easterly line
26.20 feet; thence continuing along said easterly line N. 25°28'00" W. 1529.00 feet to the True
Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
11 IRS' RI V FRRDG',C' }UNIY. SIA
EXHIBIT
SUBDIVISION IMPR EMENTS
AGREEMENT
RIVER RIDGE P.U.D. SUBDIVISION
Engineer's Opinion of Probable Construction Cost
River Ridge Subdivision
HCE Job No. 93082.02
September 18, 1996
ITEM DESCRIPTION
UNIT COST TOTAL COST
Grading & Earthwork 1 L.S." 7,381.00 7,381.00
Class 6 ABC (10") 1500 Ton 11.25 16,875.00
Class 3 ABC (if req'd) 0 Ton 9.00 0.00
Wbank Wtr Tie In 1 L.S. 2,300.00 2,300.00
6" DIP Hydrant Line 300 L.F. 28.00 8,400.00
4" DIP & 4" PVC Wtr 1404 L.F. 29.00 40,716.00
4" Gate Valve 4 Each 375.00 1,500.00
Fire Hyd. W/Appurt 1 Each 4,400.00 4,400.00
Well Piping 1 L.S. 4,500.00 4,500.00
4" CI 200 PVC 200 L.F. 22.00 4,400.00
1" Pot. Water Service 8 Each 1,000.00 8,000.00
1" Irr. Water Service 8 Each 250.00 2,000.00
Frost Free Hydrant 10 Each 110.00 1,100.00
24" CMP 244 L.F. 24.00 5,856.00
Catch Basin & Rack 1 L.S. 1,800.00 1,800.00
Gas Trench/Backfill 1800 L.F. 3.50 6,300.00
Elec. Trench/Backfill 1200 L.F. 5.00 6,000.00
Electric Service 1 L.S. 24,000.00 24,000.00
Natural Gas 1 L.S. 2,400.00 2,400.00
Mobil./Clean/Testing 1 L.S. 2,020.00 2,020.00
Traffic Control 1 L.S. 2,250.00 2,250.00
Signage 1 L.S. 300.00 300.00
Revegetation 1 L.S. 500.00 500.00
TOTAL $152,998.00
*Up to 1000 cubic yards, maximum
\��\\WWunuuraih,�
This opinion of probable construction cost was prepared for estimatir tOcEE8/S?ai,,�
only. High Country Engineering, Inc. cannot be held responsible fo\ semi •.F,y'��
from this estimate as actual costs may vary due to bid and market ons. 9F NO
=�r263 c•
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555
• •
EXHIBIT C
SUBDIVISION IMPROVEMENTS AGREEMENT
RIVER RIDGE P.U.D. SUBDIVISION
NOTICE REGARDING BUILDING PERMITS
TO: ALL PURCHASERS OF HOME SITES WITHIN
THE RIVER RIDGE P.U.D. SUBDIVISION
YOU ARE HEREBY NOTIFIED under applicable Garfield County Regulations, you may not
commence construction of a residence within unincorporated Garfield County, including River Ridge
P.U.D. Subdivision, prior to issuance of a building permit by Garfield County. Under the terms of the
Subdivision Improvements Agreement between Garfield County and River Ridge Partners, LLP, a
Limited Liability Partnership„ you are hereby notified of the following:
1. Approval of the Final Plat by Garfield County does not assure that improvements have
been constructed, and are actually in place. While Garfield County has obtained sufficient security to
assure construction of those improvements, you have the responsibility to determine whether or not those
improvements will be in place in a timely manner relative to your request for issuance of a building
permit.
2. Prior to issuance of a building permit, the lot owner must demonstrate to the County that
the Fire Protection District is satisfied that there is adequate fire fighting water available on the
construction site.
3. Garfield County shall not issue a certificate of occupancy for any structures within River
Ridge P.U.D. Subdivision until all subdivision improvements, including the water system and all other
utilities have been completed and are operational in accordance with the Subdivision Improvements
Agreement.
OWNER/SUBDIVIDER: River Ridge Partners. LLP,
a Limited Liability Partnership,
P.O. Box 276
Glenwood Springs, CO 81602
THE FOREGOING NOTICE WAS READ AND UNDERSTOOD BY THE UNDERSIGNED
PURCHASER OF A HOME SITE WITHIN THE RIVER RIDGE P.U.D. SUBDIVISION THIS
DAY OF , 199_.
PURCHASER:
(Type Name)
(Type Address )
INKS,RIV17ZRDG\CVUMY. SIA
•
DEPARTMENT OF
STATE
CERTIFICATE
I, NATALIE MEYER, Secretary of State of the State of
Colorado hereby certify that the prerequisites for the
issuance of this certificate have been fulfilled in compli-
ance with law and are found to conform to law.
Accordingly, the undersigned, by virtue of the authority
vested in me by law, hereby issues A CERTIFICATE OF
AMENDMENT TO RIVER RIDGE HOMEOWNERS ASSOCIATION.
Dated: OCTOBER 28, 1993
SECRETARY OF STA
• •
ARTICLES OF AMENDMENT
TO
ARTICLES OF INCORPORATION
931120773 $2=.00
Jim` 10-2S-93 08: 30
Pursuant to the provisions of the Colorado Nonprofit Corporation Act, the undersigned
corporation adopts the following Articles of Amendment to its Articles of Incorporation:
FIRST: The name of the corporation is RIVER RIDGE HOMEOWNERS
ASSOCIATION.
SECOND: There are no members of the corporation entitled to vote on this Amendment.
THIRD: The undersigned directors, consisting of all directors of the corporation have
adopted an amendment in the manner prescribed by the Colorado Nonprofit Corporation Act on
the 15th day of October, 1993, to -wit: ARTICLE VIII of said Articles of Incorporation is
hereby amended to read in its entirety as follows:
ARTICLE VIII
LIMITATION OF LIABILITY
Section 1. The corporation shall indemnify its directors and officers to the
fullest extent permitted by Colorado law as the same now exists or may hereafter
be amended.
Section 2. The personal liability of a director or officer to the corporation
or its shareholders for monetary damages for breach of fiduciary duty as a
director or officer is limited to the fullest extent permitted by Colorado law as the
same now exists or may hereafter be amended.
Section 3. The foregoing provisions of this Article shall be deemed to be
a contract between the Corporation and each director and officer who serves in
such capacity at any time while this Article is in effect, and any repeal or
modification hereof shall not affect the rights or obligations then or theretofore
existing or any action, suit or proceeding theretofore or thereafter brought based
in whole or in part upon any such stated facts.
Section 4. The foregoing rights of indemnification and to advancement
of litigation expenses shall not be deemed exclusive of any other rights to which
any director or officer or their legal representatives may be entitled apart from
the provisions of this Article.
F: IRS\RIVER'ARTICLES.AMD
Page 1 of 2
FOURTH: The amendment was adopted by the directors and the number of directors
voting for the amendment was sufficient for approval. All of the directors of the Association
have subscribed these Articles of Amendment as appears belo
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
RIVER RI S ASSOCIATION
By:
Before me, \,,v , a Notary Public in and for the said County
and State, personally appeared WALTER A. STOWE who acknowledged before me that he is
the sole director of RIVER RIDGE HOMEOWNERS ASSOCIATION, a Colorado corporation,
and that he signed the foregoing Articles of Amendment as his free and voluntary act and deed
for the uses and purposes therein set forth, and that the facts contained therein are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this )._c day of
October, 1993.
My commission expires: t - (77
F:\J RS\RI V ER\ARTIC LES.AMD
J'came ))'ti
Notary Public
Page 2 of 2
• •
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
RIVER RIDGE P.U.D. SUBDIVISION
RIVER RIDGE PARTNERS, LLP, a Limited Liability Partnership, ("Declarant"), as owner of
certain real property in the County of Garfield, State of Colorado, known as the River Ridge P.U.D.
Subdivision, ("River Ridge"), depicted on the plat of same recorded on , 1996,
as Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado,
(the "Plat"), and described as follows:
A parcel of land situated in a portion of Lot 5, Section 1 and Lot 1, Section 2 of
Township 7 South and in a portion of Lot 11 and 26, Section 35 and Lot 3, Section 36,
Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield,
State of Colorado; said parcel being more particularly described as follows:
Commencing at the Southeast corner of said Section 35; thence N. 32°14'21" W. 789.20
feet to the True Point of Beginning; thence N. 42°04'00" E. 137.20 feet; thence S.
48°11'00" E. 324.47 feet to a point on the westerly line of Reception No. 354946;
thence the following six (6) courses along said westerly line (bearings on said Reception
No. 354946 have been rotated):
1) S. 07°15'19" E. 53.40 feet;
2) S. 28°59'28" E. 639.26 feet;
3) S. 30°10'26" E. 79.41 feet;
4) along the arc of a curve to the right having a radius of
395.19 feet and a central angle of 45°38'45", a distance of
314.84 feet (chord bears S. 08°23'31" E. 306.58 feet);
5) S. 14°25'52" W. 78.63 feet;
6) along the arc of a curve to the left having a radius of
652.52 feet and a central angle of 16°07'40", a distance of
183.67 feet (chord bears S. 06°22'04" W. 183.07 feet);
thence leaving said westerly line S. 40°32'00" W. 19.87 feet to a point on the easterly
line of Westbank Ranch Subdivision Filing No. 3; thence S. 70°37'00" W. along said
easterly line 26.20 feet; thence continuing along said easterly line N. 25°28'00" W.
1529.00 feet to the True Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
(the "Property"). Declarant desires to create a Planned Community Common Interest Community, to
be known as River Ridge Subdivision, in which certain common property will be owned by the River
Ridge Homeowners Association, a Colorado nonprofit corporation, its successors and assigns (the
"Association"). Declarant makes the following declarations:
II'JRS''. RIVI]iRDO DELL RAT 1
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ARTICLE I
STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS
1.1 Imposition of Covenants. Declarant hereby makes, declares, and establishes the following
covenants, conditions, restrictions, and easements ("Covenants") which shall affect all of the Property.
From this day forward, the Property shall be held, sold and conveyed subject to these Covenants.
These Covenants shall run with the land and shall be binding upon all persons or entities having any
right, title, or interest in all or any part of the Property, including Declarant, and their heirs,
successors, assigns, tenants, guests and invitees. These Covenants shall inure to and are imposed for
the benefit of all owners of parcels of land located within the Property. These Covenants create specific
rights and privileges which may be shared and enjoyed by all owners and occupants of any part of the
Property. Declarant hereby submits the River Ridge P.U.D. Subdivision to the provisions of the
Colorado Common Interest Ownership Act, Sections 38-33.3-101, et seq., Colorado Revised Statutes,
as it may be amended from time to time (the "Act"). In the event the Act is repealed, the Act, on the
effective date of this Declaration, shall remain applicable.
1.2 Declarant's Intent. Declarant desires to ensure the attractiveness of individual Lots and
improvements to be made within the Property, to prevent any future impairment of the Property, and
to preserve, protect, and enhance the values and amenities of the Property. It is the intent of Declarant
to guard against the construction on the Property of Improvements built of improper or unsuitable
materials or with improper quality or methods of construction. Declarant intends to encourage the
construction of attractive permanent Improvements of advanced technological, architectural, and
engineering design, appropriately located to preserve the harmonious development of the Property.
ARTICLE II
DEFINITIONS
Each capitalized term not otherwise defined in this Declaration or in the Map shall have
the meanings specified or used in the Act. The following terms, as used in this Declaration, are defined
as follows:
2.1 "Design Review Committee" or the "Committee" shall mean the committee formed
pursuant to this Declaration to maintain the quality and architectural harmony of Improvements in River
Ridge.
2.2 "Improvements" shall mean all buildings, parking areas, loading areas, fences, walls,
hedges, plants, poles, antennae, driveways, signs, changes in any exterior color or shape, excavation
and all other site work, including, without limitation, grading, roads, utility improvements, removal of
trees or plants. "Improvements" do include both original improvements and all later changes and
improvements. "Improvements" do not include turf, shrub or tree repair or replacement of a magnitude
which does not change exterior colors or exterior appearances.
2.3 "Lot" shall mean any lot shown on the Plat of River Ridge P.U.D. Subdivision which
may be conveyed in conformance with the laws of the State of Colorado. For purposes of conforming
the terms and provisions of this Declaration to the terms and conditions of the Act, the term "Lot" shall
be analogous to the term "Unit" as that term is defined in the Act.
2.4 "Lot Owner" shall mean an owner of a Lot shown on the Plat of River Ridge P.U.D.
Subdivision. For purposes of conforming the terms and provisions of this Declaration to the terms and
11 ',JRS\RIVIRRDG DE{LVUT
2
• •
provisions of the Act, the term "Lot Owner" shall be analogous to the term "Unit Owner" as that term
is defined in the Act.
ARTICLE III
DESCRIPTION OF COMMON INTEREST COMMUNITY
3.1 Lots. The maximum number of Lots in River Ridge is eight (8) single family dwelling
lots.
3.2 Common Elements. The Common Elements consist primarily of a common water
system, private roadway over and across an easement depicted on the map of River Ridge and other
easements depicted on said map or described below, all of which are designated by this Declaration for
the common use and enjoyment of Lot Owners and their families, tenants, guests and invitees and not
for the public. The Association, subject to the rights and obligations of the Lot Owners set forth in this
Declaration, shall be responsible for the management and control of the Common Elements.
3.3 Allocated Interests. The undivided interest in the Common Elements, the Common
Expense liability and votes in the Association allocated to each Lot Owner shall be allocated to each Lot
and calculated as follows:
(a) the undivided interest in Common Elements, on the basis of an equal interest for each
Lot;
(b) the percentage of liability for Common Expenses, on the basis of equal liability for each
Lot; and
(c) the number of votes in the Association, on the basis of one vote per Lot.
3.4 Water Rights. By separate instrument, Declarant shall transfer to the Association all
water and water rights appurtenant to the Property. Such water and water rights shall be held by the
Association in trust for the use and benefit of the Lot Owners and shall not be sold, leased, conveyed
or encumbered by the Association.
3.5 Water System Operation. The domestic potable water system and any irrigation system,
including all pumps, main distribution lines and facilities, will be owned, operated and maintained by
the Association. Each Lot Owner will own and be responsible for all costs, expenses and liabilities
from the points of connection to the Association's distribution lines. Each Lot Owner shall be
responsible for the operation and maintenance of a curb stop valve and a totalizing flow meter for the
water lines servicing such Lot Owner's Lot. Each Lot Owner shall adhere to the terms of any water
rights decrees and permits affecting water service on the Property and other water rights arising on or
carried through the Property. The Association shall have the right upon reasonable notice to shut off
or curtail diversions for the purpose of administration and operation of any decreed plan of
augmentation. The Association, through its agents, shall have full and free access at all reasonable
hours to read meters, examine water pipes and fixtures, determine water usage and take other necessary
actions to assure compliance with any decreed plan of augmentation and the rules of the Association.
In the event of emergency, based on good faith determination by the Association, reasonable notice shall
not be required, if impractical. The Association shall establish charges for water usage based on
metered consumption such that the water system will be independently supported with adequate reserves
for capital replacement.
11 msxrvtxanc ncnwanr
3
• •
3.6 Road. The roadway easement for access to River Ridge shall be transferred to the
Association by Declarant. The Association shall be responsible for the maintenance of said road. Such
maintenance will include periodic maintenance of the surface and regular snow, ice, and trash removal.
The Association will not be responsible for maintenance of private drives located on any Lot. The
Executive Board shall cooperate with the applicable traffic and fire control officials, and shall post the
road with required traffic control, fire lane, and parking regulation signs.
3.7 Recorded Easements. The Property, and all portions thereof, shall be subject to all
easements shown on the recorded Map affecting the Property, or any portion thereof, and to any other
easements of record or of use as of the date of recordation of the Declaration.
3.8 Utility Easements. Declarant reserves to Declarant and hereby grants to the Association
a general non-exclusive easement upon, across, over, in, and under the utility easements as depicted
on the plat of River Ridge for ingress and egress and for installation, replacement, repair, and
maintenance of all utilities, including but not limited to domestic and irrigation water, sewer, gas,
telephone and electrical systems. By virtue of this Easement, it shall be expressly permissible and
proper for the companies providing electrical, telephone and other communication services to install and
maintain necessary electrical, communications, and telephone wires, circuits, and conduits in the
easement. No water, sewer, gas, telephone, electrical, or communications lines, systems, or facilities
may be installed or relocated on the surface of the Property, except for necessary surface facilities.
Such utilities temporarily may be installed above ground during construction, if approved by the
Declarant or the Design Review Committee. Any utility company using this general easement shall use
its best efforts to install and maintain the utilities provided for without disturbing the uses of the Lot
Owners, the Association, and Declarant; shall prosecute its installation and maintenance activities as
promptly and expeditiously as reasonably possible; and shall restore the surface to its original condition
as soon as possible after completion of its work. Should any utility company furnishing a service
covered by this general easement request a specific easement by separate recordable document, either
Declarant or the Association shall have, and are hereby given, the right and authority to grant such
easement upon, across, over, or under any part of all of the Property without conflicting with the terms
of this Declaration. This general easement shall in no way affect, avoid, extinguish, or modify any
other recorded Easement on the Property. All service connections to (including transformers) primary
utility lines serving each Lot shall be the responsibility of the Lot Owner.
3.9 Emergency Access Easement. A general easement is hereby granted to all law
enforcement, fire protection, ambulance, and all other similar emergency agencies or persons to enter
upon the Property in the proper performance of their duties.
3.10 Maintenance Easement. An easement is hereby reserved to Declarant, and granted to the
Association, its officers, agents and employees, successors and assigns, upon, across, over, in and under
the Property and a right to make such use of the Property as may be necessary or appropriate to make
emergency repairs or to perform the duties and functions which the Association is obligated or permitted
to perform including without limitation, any actions in respect to the water distribution systems and
individual sewage disposal systems (ISDS).
3.11 Drainage Easement. An easement is hereby reserved to Declarant and granted to the
Association, its officers, agents, employees, successors and assigns to enter upon, across, over, in and
under any portion of the Property for the purpose of changing, correcting, or otherwise modifying any
existing drainage channels on the Property so as to protect the historic drainage pattern of water.
Reasonable efforts shall be made to use this easement so as not to disturb the uses of the Lot Owners,
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the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work
promptly and expeditiously; to avoid interference with existing structures; and to restore any areas
affected by such work to the condition existing prior to the work as soon as reasonably possible
following such work. Declarant and Declarant's agents, employees, successors and assigns must inform
and obtain the approval of the Executive Board prior to undertaking such drainage work, which approval
shall not be unreasonably withheld.
3.12 Easements Deemed Created. All conveyances of any part of the Property made after the
date of this Declaration, whether by Declarant or otherwise, shall be construed to grant and reserve the
easements contained in this Article III even though no specific reference to such easements or to this
Declaration appears in the instrument for such conveyance.
ARTICLE IV
THE ASSOCIATION
4.1 Membership. Every person, by virtue of being a Lot Owner and while such person is
a Lot Owner, shall be a member of the Association. Membership shall be appurtenant to and may not
be separated from Ownership of any Lot. No Lot Owner, whether one or more persons, shall have
more than one membership per Lot owned, but all of the persons owning each Lot shall be entitled to
rights of membership and use and enjoyment appurtenant to such Ownership.
4.2 Authority. The business affairs of River Ridge shall be managed by the River Ridge
Homeowners Association, a Colorado nonprofit corporation.
4.3 Powers. The Association shall have all of the powers, authority and duties permitted
pursuant to the Act necessary and proper to manage the business and affairs of River Ridge.
4.4 Declarant Control. The Declarant shall have all the powers reserved in Section 38-33.3-
303(5) of the Act to appoint and remove officers and members of the Executive Board.
ARTICLE V
COVENANTS FOR COMMON EXPENSE ASSESSMENTS
5.1 Creation of Association Lien and Personal Obligation to Pay Common Expense
Assessments. Declarant, for each Lot, hereby covenants, and each Lot Owner of any Lot, by
acceptance of a deed therefor, whether or not it shall be so expressed in any such deed, are deemed to
covenant and agree to pay to the Association annual Common Expense Assessments. Such assessments,
including fees, charges, late charges, attorney fees, fines and interest charged by the Association shall
be the personal obligation of the Lot Owner at the time when the assessment or other charges became
or fell due. Two or more Lot Owners of a Lot shall be jointly and severally liable for such obligations.
The personal obligation to pay any past due sums due the Association shall not pass to a successor in
title unless expressly assumed by them. The Common Expense Assessments of the Association shall
be a continuing lien upon the Lot against which each such assessment is made. A lien under this
Section is prior to all other liens and encumbrances on a Lot except: (a) liens and encumbrances
recorded before the recordation of the Declaration; (b) a first lien Security Interest on the Lot recorded
before the date on which the Common Expense Assessment sought to be enforced became delinquent;
and (c) liens for real estate taxes and other governmental assessments or charges against the Lot. This
Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the
Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect the
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Association's lien except that sale or transfer of any Lot pursuant to foreclosure of any first lien
Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation
or forfeiture shall only extinguish the Association's lien as provided in the Act. No such sale, transfer,
foreclosure, nor cancellation or forfeiture shall relieve any Lot Owner from continuing liability for any
Common Expense Assessments thereafter becoming due, nor from the lien thereof.
5.2 Apportionment of Common Expenses. Common Expenses shall be allocated and assessed
against Lots based on a equal share for each Lot.
5.3 Purpose of Assessments. Assessments levied by the Association shall be used exclusively
to promote the health, safety and welfare of the residents of River Ridge and for the improvement and
maintenance of the Common Elements, including, but not limited to: taxes and insurance on the
Common Elements, reserve accounts, the cost of labor, equipment, materials, management and
supervision, the salary or fee of any manager, utilities, transportation, professional fees and other
customary charges.
5.4 Annual Assessment/Commencement of Common Expense Assessments. Common
Expense Assessments shall be made on an annual basis against all Lots and shall be based upon the
Association's advance budget of the cash requirements needed by it to provide for the administration
and performance of its duties during such assessment year. Common Expense Assessments shall be
payable in monthly installments and shall begin on the first day of the month in which conveyance of
the first Lot to a Lot Owner other than the Declarant occurs.
5.5 Effect of Non -Payment of Assessments. Any assessment, charge or fee provided for in
this Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10)
days after the due date thereof shall bear interest at the rate as determined by the Executive Board. A
late charge of up to five percent (5 %) of each past due installment may also be assessed thereon.
Further, the Association may bring an action at law or in equity, or both, against any Lot Owner
personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments
thereof, and may also proceed to foreclose its lien against such Lot Owner's Lot. An action at law or
in equity by the Association against a Lot Owner to recover a money judgment for unpaid assessments,
charges or fees, or monthly or other installments thereof, may be commenced and pursued by the
Association without foreclosing, or in any way waiving, the Association's lien.
5.6 Working Fund. The Association or Declarant shall require the first Lot Owner of each
Lot (other than Declarant) to make a nonrefundable payment to the Association in an amount equal to
one-sixth of the annual Common Expense Assessment against that Lot in effect at the closing thereof,
which sum shall be held, without interest, by the Association as a "working fund." The working fund
shall be collected and transferred to the Association at the time of closing of each sale by Declarant of
each Lot and shall be maintained for the use and benefit of the Association. Such payment shall not
relieve a Lot Owner from making regular payments of the assessments when due. Upon the transfer
of a Lot, a Lot Owner of same shall be entitled to a credit from the transferee for any unused portion
of the working fund.
ARTICLE VI
DESIGN REVIEW COMMITTEE
6.1 Organization. A Design Review Committee is hereby established to promulgate and
administer Design Guidelines to carry out the purposes and intent of the Declaration. The Committee
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shall consist of not more than three (3) persons who are members of the Association. The Executive
Board shall appoint, replace and remove, with or without cause, members of the Committee.
6.2 Purpose. The Committee shall review, study and either approve or reject proposed
Improvements in River Ridge, in compliance with this Declaration and the Design Guidelines adopted
and established from time to time by the Committee.
(a) The Committee shall exercise its best judgment to see that all Improvements conform and
harmonize with any existing structures as to external design, quality and type of
construction, materials, color, location, height, grade and finished ground elevation and
all aesthetic considerations set forth in this Section and in the Design Guidelines.
(b) No Improvement in River Ridge shall be erected, placed, reconstructed, replaced,
repaired or otherwise altered, nor shall any construction, repair or reconstruction be
commenced until plans for such Improvement shall have been approved by the
Committee; provided, however, that Improvements and alterations which are completely
within a structure may be undertaken without such approval.
(c) The Committee's exercise of discretion in approval or disapproval of plans or with
respect to any other matter before it, shall be conclusive and binding on all interested
parties.
6.3 Organization of the Committee. The term of office of each Committee member, subject
to Section 6.1 above, shall be one (1) year, commencing January 1 of each year, and continuing until
a successor shall have been appointed. If a Committee member dies, retires, becomes incapacitated or
is temporarily absent, a temporary or permanent successor may be appointed by the Executive Board.
A chairperson shall be elected annually from the Committee members by majority vote of said
members.
6.4 Operations of the Committee. The chairperson shall take charge of and conduct all
meetings and shall provide for reasonable notice to each member of the Committee before any meeting.
The notice shall set forth the time and place of the meeting, and notice may be waived by any member.
The affirmative vote of the majority of the members of the Committee shall govern its actions and be
the act of the Committee. A quorum shall consist of a majority of the members. The Committee may
avail itself of technical and professional advice and consultants as it deems appropriate.
6.5 Expenses. Except as provided below, all expenses of the Committee shall be paid by the
Association. The Committee shall have the right to charge a fee for each application submitted to it
for review, in an amount which may be established by the Committee from time to time, and such fees
shall be collected by the Committee and remitted to the Association to help defray the expenses of the
Committee's operation.
6.6 Design Guidelines and Rules. The Committee shall adopt, establish and publish from
time to time Design Guidelines. The Design Guidelines shall not be inconsistent with this Declaration,
but shall more specifically define and describe the design standards for River Ridge. The Design
Guidelines may be modified or amended from time to time by the Committee. Further, the Committee,
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 alternate requirements. Compliance
with the Association design review process shall not be a substitute for compliance with applicable
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governmental building, zoning and subdivision regulations. Each Lot Owner shall be responsible for
obtaining all approvals, licenses and permits as may be required before commencing construction.
6.7 Procedures and Criteria. The Committee shall make such rules and regulations as it may
deem appropriate to govern its proceedings. The Committee shall also establish criteria, including,
without limitation, requirements relating to design, scale, color, pedestrian and vehicular traffic, as the
Committee may deem appropriate in the interest of preserving the aesthetic standards of River Ridge.
6.8 Limitation of Liability. The Committee shall use reasonable judgment in accepting or
disapproving all plans and specifications submitted to it. Neither the Committee, nor any individual
Committee member, shall be liable to any person for any official act of the Committee concerning
submitted plans and specifications, except for wanton and willful acts. Approval by the Committee does
not necessarily assure approval by any governmental authority having jurisdiction. Notwithstanding
Committee approval of plans and specification, neither the Committee nor any of its members shall be
responsible or liable to any Lot Owner, developer or contractor with respect to any loss, liability, claim
or expenses which may arise because of approval of the construction of the Improvements. Neither the
Executive Board, the Committee, nor Declarant, nor any of their employees, agents or consultants shall
be responsible in any way for any defects in any plans or specifications submitted, revised or approved
in accordance with the provisions of the Declaration, nor for any structural or other defects in any work
done according to such plans and specifications.
ARTICLE VII
CONSTRUCTION AND ALTERATION OF IMPROVEMENTS
7.1 General. The Design Guidelines and the general instructions set forth in these Covenants
shall govern the right of a Lot Owner to construct, reconstruct, refinish, alter or maintain any
Improvement upon, under or above any of River Ridge (except as provided in Section 6.2(b) above),
and to make or create any excavation or fill on River Ridge, or make any change in the natural or
existing surface contour or drainage, or install any utility line or conduit on or over River Ridge.
7.2 Approval Required. Except to the extent permitted in Section 6.2(b) above, any
construction, reconstruction, refinishing or alteration of any part of the exterior of any building or other
Improvement on River Ridge is absolutely prohibited until and unless the Lot Owner first obtains
approval from the Design Review Committee and otherwise complies with the provisions of this
Declaration. All Improvements shall be constructed only in accordance with approved plans.
7.3 Specific Requirements for Buildines. Subject to governmental regulations, no buildings
shall be placed, erected, altered or permitted to remain on any Lot other than one (1) single family
dwelling, one (1) attached or detached garage and one (1) other non-residential outbuilding other than
a garage not exceeding one hundred (100) square feet. New construction on each Lot will include
plumbing fixtures using low water use technology. All Lots will utilize white or earth tones for exterior
surfaces and non -reflective roofing materials. All construction materials shall be new, except for the
limited use of antique treatments, fixtures and accessories. No building or structure originally
constructed at another location shall be moved onto any Lot. This Section shall not apply to fixtures
now in place in the existing dwellings located on the Property.
7.4 Fireplaces and Stoves. In order to protect against air quality degradation from the
utilization of solid fuel burning devices, no open hearth solid fuel fireplaces shall be allowed. There
shall be no restriction on the number of natural gas burning fireplaces or appliances. Each dwelling
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unit will be allowed one (1) new wood -burning stove as defined by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder. This Section shall not apply to fixtures now in place in the existing
dwellings located on the Property.
7.5 Wildfire Prevention. The guidelines of the Colorado State Forester for wildfire
prevention as presently specified in the pamphlet titled "Wildfire Protection in the Wildland Urban
Interface" prepared by the Colorado State Forest Service (C.S.F.S. #143-691) or any successor
document shall be followed in the construction of all future Improvements.
7.6 Removal of Nonconforming Improvements. The Association, upon request of the
Committee and after reasonable notice to the offender and to the Lot Owner, may remove any
Improvement constructed, reconstructed, refinished, altered or maintained violating these Covenants,
and the Lot Owner of the Improvement shall immediately reimburse the Association for all expenses
incurred in such removal.
ARTICLE VIII
PROPERTY USE RESTRICTIONS
8.1 General Restriction. The Property shall be used only for private residential purposes as
set forth in these Covenants as the same may be amended from time, as permitted by the applicable
regulations of the County of Garfield and the laws of the State of Colorado and the United States, or
other specific recorded covenants affecting all or any part of the Property. Notwithstanding the
foregoing, business activities associated with the sale of Lots or residences constructed thereon shall be
allowed. In addition and subject to any applicable governmental regulation, in-home businesses or
occupations not involving the provision of services for customers or use of employees on site (other than
the Lot Owners) shall be allowed, provided such activities are conducted solely within an enclosed
structure and do not create or result in any nuisance or any unreasonable, unwarranted or unlawful use
or interference with public or private rights, including, but not limited to, unreasonable or unwarranted
use or interference with streets, excessive traffic, increased parking requirements, or any other offensive
or noxious activities. Bed and Breakfast operations shall not be permitted.
8.2 Subdivision of Lots. No Lot may be subdivided.
8.3 Vehicles. No trucks, trail bikes, recreational vehicles, motor homes, motor coaches,
snowmobiles, campers, trailers, boats or boat trailers, or similar vehicles (other than passenger
automobiles or pickup or utility trucks with a capacity of one ton or less) or any other vehicles shall
be parked, stored, or in any manner kept or placed on any portion of the Property except in an enclosed
garage or screened enclosure. This restriction, however, shall not be deemed to prohibit commercial
and construction vehicles, in the ordinary course of business, from making deliveries or otherwise
providing service to the Property or for approved construction by Declarant or Lot Owners.
8.4 Excavation or Fill. No excavation or fill shall be made except in connection with
Improvements approved as provided in these Covenants. For purposes of this Section, "excavation"
shall mean any disturbance of the surface of the land (except to the extent reasonably necessary for
approved landscape planting) which results in a removal of earth, rock or other substance a depth of
more than 18 inches below the natural surface of the land. For the purposes of this Section, "fill" shall
mean any importation and placement of earth, rock or other substance a height of more than eighteen
inches (18") above the natural surface of the land.
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8.5 Erosion and Vegetation Control. The surface of the Property, including all Lots, shall
be maintained in a condition which will minimize the risk of soil erosion and weed infestation. All
excavations, fills and other construction which disturb the existing vegetation shall be revegetated with
weed free seed and mulch. Any disturbed area on a Lot shall be fully restored by the Lot Owner and
each Lot shall be kept free of noxious weeds by the Lot Owner. If any Lot Owner fails to comply with
this Section, the Association may take such remedial actions as are necessary to accomplish such
restoration or removal and shall charge the cost of same to the responsible Lot Owner as an Assessment
under Section 5.1 above.
8.6 Wells. No well from which water, oil, or gas is produced shall be dug, nor shall storage
tanks, reservoirs, or any installation of power, telephone, or other utility lines (wires, pipe, or conduit)
be made or operated anywhere on the Property except in connection with water wells and works
installed by Declarant; provided, however, that the foregoing shall not prevent the drilling of or
installation of additional water wells by Declarant or the Association.
8.7 Signs. No signs of any kind shall be displayed to the public view on or from any portion
of the Property except ordinary real estate sale signs, signs approved by the Committee, or signs
required by law.
8.8 Animals and Pets. No animal, livestock, or poultry of any kind shall be kept, raised,
or bred on any Lot, except that not more than one (1) dog, two (2) cats and other typical small
household pets, such as birds and fish, shall be allowed. The following special requirements apply to
the single dog permitted on each Lot:
(a) Each dog shall be kept under the control of the Lot Owner at all times and shall not be
permitted to run free or to cause a nuisance on the Property.
(b) No dog shall be allowed to bark excessively, which is defined as barking more or less
continuously during any 15 -minute period.
(c) Each dog shall be leashed or kept in a humane kennel or run at all times. Metal chainlink
fencing will be allowed for the purposes of kenneling a dog. The location and style of each kennel shall
be subject to review by the Design Review Committee. A kennel shall be installed prior to issuance
of a Certificate of Occupancy for any Lot if the Lot Owner possesses a dog at such time and, in any
event, prior to the introduction of a dog on any Lot.
(d) All Lot Owners shall keep dogs reasonably clean and free of disease and all Lots shall
be kept free of animal waste.
(e) Should any dog chase or molest deer, elk, poultry or any domestic animals or persons,
or destroy or disturb property of another, the Association may prohibit the Lot Owner from continuing
to keep the offending dog on such Owner's Lot. If necessary, to protect wildlife or other Owners'
domestic animals, persons or property, the Association may take additional steps, including the
destruction of the offending dog. Except in an emergency or as provided by law, the Owner of an
offending dog shall be provided written notice of such action at least five (5) days before disposal
occurs. Such notice shall be posted on the front door of the residence of the Owner of the offending
dog. Within such five (5) day period, the offending dog may be kenneled at a licensed kennel with all
costs incurred by the Association assessed against the Owner.
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(f) The Association shall assess and enforce penalties against Owners violating the
restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation. The
fine shall be increased by One Hundred Dollars ($100.00) for each succeeding violation.
8.9 Drainage. No Lot Owner shall do or permit any work, construct any Improvements,
place any landscaping or suffer the existence of any condition whatsoever which shall alter or interfere
with the drainage pattern for the Property, except to the extent such alteration and drainage pattern is
approved in writing by the Committee.
8.10 Sanitation. No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown,
dumped or allowed to accumulate on the Property. There shall be no burning of refuse. Each Lot
Owner shall provide suitable receptacles for the temporary storage and collection of refuse. All such
receptacles shall be screened from the public view and protected from wind, animals and other
disturbances. Each Lot shall be kept in a reasonably sanitary condition, free of offensive odors and
protected from rodent and insect infestations.
8.11 Temporary Structures. No temporary structures shall be permitted except as may be
determined to be necessary during construction and specifically authorized by the Committee.
8.12 Towers and Antennae. No towers or exterior radio, television and communications
antennae shall be permitted without the prior written consent of the Committee. Dish receivers in
excess of 24" in diameter shall be screened from view.
8.13 Outside Burning. There shall be no exterior fires, except barbecues, outside fireplaces
and braziers. No Lot Owner shall permit any condition upon such Lot Owner's Lot which creates a
fire hazard or is in violation of fire prevention regulations.
8.14 Noise. No exterior horns, whistles, bells or other sound devices, except security devices
shall be placed or used on any portion of the Property. Lot Owners shall not permit any noise or
disturbance on their respective Lots which is offensive, disturbing or otherwise detrimental to any other
person.
8.15 Odor. No odor shall be emitted from any Lot which is noxious or unreasonably offensive
to others.
8.16 Lighting. All flood lighting, security lighting or other kinds of high intensity lighting
shall be directed downward and toward the interior of the Property and otherwise shielded to prevent
glare on adjacent Lots or outside the Property.
8.17 Obstructions. There shall be no obstruction or interference with the free use of the
roadway, water system or any easement, except as may be reasonably required for repairs. The
Association shall promptly take such action as may be necessary to abate or enjoin any interference with
or obstruction of any easement. The Association shall have a right of entry on any part of the Property
for the purposes of enforcing this Section. Any costs incurred by the Association in connection with
such enforcement shall be assessed to the persons responsible for the interference.
8.18 Service Facilities. All clothes lines, storage tanks, equipment, service yards, wood piles
and similar service facilities shall be screened by adequate plantings or fencing so as to conceal same
from other Lots and streets and roads.
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8.19 Maintenance of Landscaping. Each Lot Owner shall keep the landscaping situate on such
Owner's Lot in a neat and well maintained fashion, shall properly irrigate the lawns and other planting
on such Lot and shall otherwise maintain the appearance of such Lot in a first class condition.
8.20 Continuity of Construction. All Improvements commenced on the Property shall be
prosecuted diligently to completion and shall be complete within 12 months of commencement, unless
an exception is granted in writing by the Committee.
8.21 Minerals. No portion of the surface of the Property shall be used for the exploration,
extraction or storage of oil, gas, minerals, sand, gravel, rock, earth or other materials.
8.22 Hunting and Firearms. Firearms shall not be discharged on the Property and no hunting
shall be allowed.
8.23 Nuisances. No obnoxious or offensive activity shall be carried on within the Property
so as to unreasonably interfere with or disturb the use, enjoyment and access of any other occupant of
the Property, nor shall anything be done, permitted or placed thereon which is or may become a
nuisance or cause an unreasonable offense, embarrassment, disturbance or annoyance to others.
8.24 Compliance With Laws. Subject to the rights of reasonable contest, each Lot Owner shall
promptly comply with the provisions of all applicable laws, regulations and ordinances with respect to
River Ridge including, without limitation, all applicable environmental laws and regulations.
ARTICLE IX
MAINTENANCE
9.1 Association's Maintenance Responsibility. The Association shall maintain and keep the
Common Elements in good condition and repair.
9.2 Lot Owner's Maintenance Responsibility. Except as provided otherwise in the
Declaration or by written agreement with the Association, all maintenance of individual Lots including
without limitation, all Improvements, individual sewage disposal systems (ISDS), utility systems and
utility lines from the point of connection to the common system shall be the sole responsibility of the
respective Lot Owners. Each Lot shall be maintained in a good, clean and attractive condition and
repair consistent with the requirements of a first class residential development. In the event a Lot
Owner should fail to keep any utility system (including any ISDS) in good repair, the Association,
without limiting any other remedy available under this Declaration or applicable law, may enter upon
said Lot for the purpose of inspecting such utility system and if the Lot Owner refuses to make
necessary repairs, the Association may do so and the costs of such repairs shall be charged to the Lot
Owner and collected pursuant to Article V of this Declaration. Not less than biennially, each Lot
Owner shall provide the Association evidence of an inspection and necessary pumping of such Lot
Owner's ISDS.
ARTICLE X
INSURANCE
10.1 Association's Insurance Responsibility. The Association shall maintain all insurance
coverage required by the provisions of C.R.S. 38-33.3-101, et. seq., as the same may be amended from
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time to time, together with such other insurance as the Executive Board of the Association shall deem
advisable.
10.2 Lot Owner's Insurance Responsibility. Each Lot Owner shall maintain all insurance
coverage for such Owner's Lot as deemed appropriate by such Lot Owner. In addition, each Lot
Owner shall be responsible for insuring all personal property on the Lot, as well as general liability
insurance and any other insurance coverage deemed appropriate by such Lot Owner.
ARTICLE XI
DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS
11.1 Development Rights and Special Declarant Rights. The Declarant reserves the following
Development Rights and other Special Declarant Rights for the maximum time limit allowed by law:
(a) The right to complete or make improvements indicated on the plat;
(b) The right to maintain sales and management offices on a single Lot;
(c) The right to maintain signs on the Property to advertise the sale of Lots in River Ridge;
(d) The right to use, and to permit others to use, easements on the Property as may be
reasonably necessary for the purpose of discharging Declarant's obligations under the Act
and this Declaration; and
(e) The right to appoint or remove any officer of the Association or any Director during the
Declarant control period consistent with the Act.
11.2 Limitations on Development Rights and Special Declarant Rights. Unless sooner
terminated by a recorded instrument signed by Declarant, any Development Right or Special Declarant
Right may be exercised by the Declarant for the period of time specified in the Act.
ARTICLE XII
ENFORCEMENT OF COVENANTS
12.1 Violation Deemed a Nuisance. Every violation of this Declaration is deemed to be a
nuisance and is subject to all the remedies provided for the abatement of the violation. In addition, all
public and private remedies allowed at law or equity against anyone in violation of these Covenants shall
be available.
12.2 Compliance. Each Lot Owner and any other occupant of any part of the Property shall
comply with the provisions of these Covenants as the same may be amended from time to time. Failure
to comply with these Covenants shall be grounds for an action to recover damages or for injunctive
relief to cause any such violation to be remedied, or both.
12.3 Who May Enforce. Any action to enforce these Covenants may be brought by the
Declarant or the Executive Board in the name of the Association on behalf of the Lot Owners. If, after
a written request from an aggrieved Lot Owner, neither of the foregoing entities commence an action
to enforce these Covenants, then the aggrieved Lot Owner may bring such an action.
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12.4 Nonexclusive Remedies. All the remedies set forth herein are cumulative and not
exclusive.
12.5 Nonliability. No member of the Executive Board, the Declarant, the Design Review
Committee or any Lot Owner shall be liable to any other Lot Owner for the failure to enforce these
Covenants at any time.
12.6 Recovery of Costs. If legal assistance is obtained to enforce any provision of these
Covenants, or in any legal proceeding (whether or not suit is brought) for damages or for the
enforcement of these Covenants or the restraint of violations of these Covenants, the prevailing party
shall be entitled to recover all costs incurred, including reasonable attorney's fees.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
13.1 Severability. This Declaration, to the extent possible, shall be construed or reformed to
give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law
or unenforceable shall not invalidate any other provision.
13.2 Construction. In interpreting words in the Declaration unless the context shall otherwise
provide or require, the singular shall include the plural, the plural shall include the singular, and the
use of any gender shall include all genders.
13.3 Headings. The headings are included only for reference and shall not affect the meaning
or interpretation of this Declaration.
13.4 Notice. All notices or requests required shall be in writing. Notice to any Lot Owner
shall be considered delivered and effective upon personal delivery, or three (3) days after posting when
sent by certified mail, return receipt requested, to the address of the Lot Owner on file in the records
of the Association at the time of the mailing. Notice to the Executive Board, the Association or the
Design Review Committee shall be considered delivered and effective upon personal delivery, or three
(3) days after posting when sent by certified mail, return receipt requested, to the Association, the
Executive Board or the Committee at the address as shall be established by the Association from time
to time by notice to the Lot Owners. General notices to all Lot Owners need not be certified, but may
be sent by regular first class mail.
13.5 Waiver. No failure by the Association, the Executive Board or the Design Review
Committee to give notice of default or any delay in exercising any right or remedy shall operate as a
waiver, except as specifically provided above. No waiver shall be effective unless it is in writing signed
by the President or Vice President of the Executive Board on behalf of the Association or by the
Chairman of the Committee on behalf of the Committee.
13.6 Amendments. Except as otherwise provided by the Act (including amendments by the
Declarant and the Association which are expressly permitted by the Act) this Declaration shall not be
amended unless at least (i) sixty-seven percent (67%) of the Lot Owners and (ii) fifty-one percent (51 %)
of the First Mortgagees (based on one vote for each First Mortgage held) have given their prior written
approval. Notwithstanding the foregoing, and except to the extent expressly permitted or required by
the Act, no amendment may (i) create or increase special Declarant rights, (ii) increase the number of
Lots, (iii) change the boundaries of any Lot, (iv) change the allocated interests of a Lot or (v) change
11. URS,RIVIRRDC, DLCI.VUT
14
the uses to which any Lot is restricted in the absence of unanimous consent of the Lot Owners. Unless
a First Mortgagee provides the Secretary of the Association with written notice of its objection to a
proposed amendment within 30 days following the First Mortgagee's receipt of notice of such proposed
amendment, the First Mortgagee will be deemed conclusively to have approved the proposed
amendment. The term "Mortgage" shall include a Deed of Trust and the term "Mortgagee" shall
include a beneficiary under a Deed of Trust.
13.7 Term. This Declaration and any amendments or supplements hereto shall remain in effect
from the date of recordation until December 31, 2026. Thereafter, these Covenants shall be
automatically extended for five (5) successive periods of ten (10) years each, unless otherwise
terminated or modified as provided herein or by the Act.
IN WITNESS WHEREOF, the Declarant has executed this Declaration this day of
, 1996.
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
RIVER RIDGE PARTNERS, LLP
a Limited Liability Partnership
By:
General Partner
The foregoing instrument was acknowledged before me this day of
1996, by Walter Allen Stowe, as General Partner of River Ridge Partners, LLP, a Limited Liability
Partnership.
WITNESS my hand and official seal.
My Commission Expires:
11' IRS \RIV[ARDG\D[C ARAT
15
Notary Public
STATE OF COLORADO
DEPARTMENT OF
STATE
CERTIFICATE
I, NATALIE MEYER, Secretary of State of the State of
Colorado hereby certify that the prerequisites for the
issuance of this certificate have been fulfilled in compli-
ance with law and are found to conform to law.
Accordingly, the undersigned, by virtue of the authority
vested in me by law, hereby issues A CERTIFICATE OF
INCORPORATION TO
RIVER RIDGE HOMEOWNERS ASSOCIATION
A NONPROFIT CORPORATION
Dated: SEPTEMBER 27, 1993
SECRETARY OF STA
■
• •
ARTICLES OF INCORPORATION _ _ .
OF
RIVER RIDGE HOMEOWNERS ASSOCIATION
The undersigned natural person, being more than twenty-one years of age, and acting as
incorporator, does hereby establish a non-profit corporation under and by virtue of the Colorado
Non -Profit Corporation Act and adopts the following Articles of Incorporation:
ARTICLE I
NAME
The name of the association is River Ridge Homeowners Association.
ARTICLE II
DURATION
The association shall have perpetual existence.
ARTICLE III
PURPOSES AND POWERS
The nature of the association and the objects and purposes for which the same is
organized are as follows:
3.1. To be and constitute the Association to which reference is made in the Declaration
of Covenants, Conditions, Restrictions and Easements (the "Declaration") for the River Ridge
P.U.D. (the "Subdivision"), located in Glenwood Springs, Colorado, which Declaration is to be
recorded in the Office of the Clerk and Recorder of Garfield County, Colorado.
3.2. To acquire ownership of and title to certain common elements, as shown on the
subdivision map of the River Ridge P.U.D.
3.3. To maintain and operate such common elements subject to such regular or special
assessments or charges as may be required to defer the cost and expense thereof.
3.4. To administer and enforce the provisions of the Declaration for the benefit of the
owners and occupants of all property described on the Condominium Map on a cooperative
basis.
3.5. To have and exercise, generally, all powers, and to do and perform all the acts,
which are or may be necessary to carry out and effectuate the purposes for which the association
is formed; such powers shall include, without limiting the general powers of the association, the
power to perform the following specific acts:
F.'IRS\RIVER\ARTICLES.INC -1-
• •
(a) Pay taxes and assessments on all property held by the association for the general
use of the members;
(b) Disburse funds collected for maintenance, taxes, or other proper charges levied
against the property of the association;
(c) Acquire or dispose of property in the best interest of the association, either by
purchase, sale, or dedication to a public authority;
(d) Borrow money for the proper conduct of the affairs of the association;
(e) Establish, levy, and assess regular or special charges and assessments against the
ownership units within the condominium property and the owners thereof, and
reasonable admission or other fees for the use of the association's common
elements, in pursuance of the purposes of the association and establish appropriate
collection procedures therefore;
(f) To maintain common elements or other open spaces until such maintenance is
assumed by public authority or in lieu thereof;
(g) To make and enforce rules and regulations as provided in the Declaration
affecting the condominium property;
(h) To exercise all those general powers conferred upon non-profit corporations under
the laws of the State of Colorado.
(i) To exercise those powers set forth in the Declaration.
3.6. The association is organized exclusively for purposes of holding title to common
elements and other open spaces and to enforce the provisions of the Declaration on a cooperative
basis, whereby at least 85 % of its income shall be derived from assessments to members for the
sole purpose of meeting expenses or losses, and in full compliance with the applicable
requirements of Section 501 of the Internal Revenue Code of 1954, as amended.
3.7. The Board of Directors of the association shall be vested with the exclusive
authority to authorize the President or the Vice -President, with the attestation of the Secretary,
to convey or encumber all or any part of the corporate property subject to the voting rights of
members and mortgagees as contained in the Declaration.
ARTICLE IV
NON-PROFIT STATUS
4.1. No part of the income or net earnings of the association shall inure to the benefit
or be distributable to any member, director, or officer of the association, or any other
association or private individual; however, reasonable compensation may be paid for services
actually rendered to or for the association, and any officer, director, agent or employee, or any
FAIRS \RIVFR\ARTICLES.INC
-2-
other person or association, may be reimbursed for expenses advanced or incurred for the
association's benefit upon authorization of the Board of Directors. No member, director, or
officer of the association, nor any other association or private individual, shall be entitled to
share in any distribution of any of the corporate assets upon dissolution of the association or
otherwise, except as hereinafter expressly set forth. No substantial part of the activities of the
association shall consist of carrying on lobbying activities, propaganda campaigns, or other
activities designed to influence legislation. The association shall not participate or intervene in
any political campaign on behalf of any candidate for public office.
4.2. Upon dissolution of the association, all of its assets remaining after payment of
liabilities shall be paid over and transferred to one or more exempt organizations as are qualified
for exemption from Federal income taxes under Section 501 of the Internal Revenue Code,
except that all common elements and other property appurtenant to, used in connection with, or
necessary for the convenient use and occupation of the real property of the members, shall be
returned, transferred. or conveyed to the members on the basis of their membership interests as
provided in Article V of these Articles of Incorporation. The proceedings of dissolution shall
be conducted in accordance with Article 26, Title 7 of the Colorado Revised Statutes, as
amended.
4.3. Notwithstanding any other provision hereof, this association shall not conduct or
carry on any activities not permitted, nor receive any income which is prohibited under the
applicable provisions of Section 501 of the Internal Revenue Code of 1954, as amended.
ARTICLE V
MEMBERSHIP
5.1. This association shall be a membership association without shares of stock. The
record owner or owners (including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation) of a fee simple title to any unit within
the condominium property shall be members of the association. When more than one person
or entity holds an interest in any ownership unit, all such persons or entities shall be members
of the association; provided, however, that each ownership unit in the condominium property
is entitled to only one membership in the association, and the owner or owners thereof are
subject to such rights and obligations as accrue to one membership in the association.
Membership shall be appurtenant to and may not be separated from ownership within the
condominium property.
5.2. Membership in the association shall not be represented by certificates unless the
Board of Directors of the association shall otherwise determine by resolution.
5.3. Each member shall be entitled to one vote for each unit owned in the
Condominium Property, and such vote may be cast either in person or by proxy. In the election
of the directors, each voting member shall have the right to cast the number of votes to which
he is entitled for as many persons as there are directors to be elected. Cumulative voting shall
not be allowed for any purpose.
FJRS\RIVER\ARTICLES.INC -3-
• •
ARTICLE VI
INITIAL REGISTERED OFFICE AND AGENT
The address of the initial registered office of the association is Walter A. Stowe. The
name of its initial registered agent at such address is 5445 County Road 154, Glenwood Springs,
Colorado, 81601. The business and affairs of such association shall be conducted and carried
on within the State of Colorado. The principal office of the association shall be located in
Glenwood Springs, Colorado.
ARTICLE VII
INITIAL BOARD OF DIRECTORS
The initial Board of Directors of the association shall consist of one director who will
serve until the first annual meeting of members or until his successor shall have been duly
elected and qualified and the names and addresses of said initial director is as follows:
Name Address
Walter A. Stowe 5445 County Road 154
Glenwood Springs, CO 81601
ARTICLE VIII
LIMITATION OF LIABILITY
8.1. The association shall its directors to the fullest extent permitted by Colorado law
as the same now exists or may hereafter be amended.
8.2. The personal liability of a director to the association or its shareholders for
monetary damages for breach of fiduciary duty as a director is limited to the fullest extent
permitted by Colorado law as the same now exists or may hereafter be amended.
ARTICLE IX
REGISTRATION OF OWNERSHIP
The association shall be entitled to treat the owner of any unit as registered in the records
of the association as a member for all purposes, including all rights deriving from such
membership, and shall not be bound to recognize any equitable or other claim to or interest in
such membership on the part of any other person who is not the registered owner of a unit.
ARTICLE X
BYLAWS
The Board of Directors shall adopt and may amend from time to time. Bylaws for the
regulation and government of the association's business and affairs, and the issuance and transfer
of its membership certificates.
F:\IRS`.RIVER:\RTICLES.INC
-4-
• s
ARTICLE XI
INCORPORATOR
The incorporator of this association is John R. Schenk, and his address is 302 Eighth
Street, Suite 310, Glenwood Springs, Colorado, 81601.
ARTICLE XII
AMENDMENTS
Except as herein otherwise specifically provided, amendments to these Articles of
Incorporation shall be adopted, if at all, in the manner set forth in the Bylaws; provided,
however, that no amendment to the Articles of Incorporation shall be contrary to or inconsistent
with any provision of the Declaration.
IN WITNESS WHEREOF, the undersigned has subscribed his name to the Articles of
Incorporation of River Ridge Homeowners Associati . , a corpo tion nfo . rofit, on this 23rd
day of September, 1993.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
I, aiii,� (i /� 'U , a notary public, hereby certify that JOHN R. SCHENK,
known to me to be the Berson whose name is subscribed in the foregoing Articles of
Incorporation, appeared before me this 23rd day of September, A.D. 1993, in person and being
by me first duly sworn, acknowledged and declared that he signed such Articles of Incorporation
as his free and voluntary act and deed, for the uses and purposes therein set forth, and that the
statements therein contained are true.
hn ' Schenk, Incorporator
Witness my hand and official seal.
My commission expires: 94-*
F:\IRS,RIVER\ARTICLES.INC
-5-
4244-gek.
Notary Public
�. �. .. .'•v��••='...
SCHEDULE A
GL 3309 06 3057 107 83
1. Name of Insured:
Glenwood Independent Bank
•
2. The estate or interest in the land which is encumbered by the insured mortgage is:
Fee Simple
3. Title it) the esiaie of ii itef est .0 ine land is vested in:
J & S Enterprises, a Colorado General Partnership
4. The insured mortgage and assignments thereof, if any, are described as follows:
$ 266,058.00
Deed of Trust to Glenwood Independent Bank dated and recorded 11/9/95
in Book 958 at Page 295 to the Public Trustee of Garfield County in
the amount of $266,058.00 by J & S Enterprises, a Colorado General
Partnership.
5. The land referred to in this Policy is described as follows:
A parcel of land situated in a portion of Lot 5, Section 1 and Lot 1, Section 2
of Township 7 South and in a portion of Lot 11 and 26, Section 35 and Lot 3,
Section 36, Township 6 South, Range 89 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado; said parcel being more particularly
described as follows:
Commencing at the Southeast corner of said Section 35; thence N.32'14'21"W.
789.20 feet to the True Point of Beginning; thence N.42'04'00"E. 137.20 feet;
thence 5.48'11'00"E. 324.47 feet to a point on the westerly line of Reception
No. 354946; thence the following six (6) courses along said westerly line
(bearings on said Reception No. 354946 have been rotated):
1.) 5.07'15'19"E. 53.40 feet;
2.) S.28'59'28"E. 639.26 feet;
3.) S.30'10'26"E. 79.41 feet;
4.) along the arc of a curve to the right having a radius of 395.19 feet
and a central angle of 45'38'45", a distance of 314.84 feet (chord
bears S.08'23'31"E. 306.58 feet);
5.) S.14'25'52"W. 78.63 feet;
6.) along the arc of a curve to the left having a radius of 652.52 feet
and a central angle of 16'07'40", a distance of 183.67 feet (chord
bears 5.06'22'04"W. 183.07 feet); thence leaving said westerly line
S.40'32'00"W. 19.87 feet to a point on the easterly line of Westbank Ranch
Subdivision Filing No. 3; thence S.70'37'00"W. along said easterly line 26.20
feet; thence continuing along said easterly line N.25'28'00"W. 1529.00 feet to
the True Point of Beginning,
D t.-1-1 ZAJ U .L. ti
410 EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise
by reason of:
General Exceptions
(1) Rights or claims of parties in possession not shown by the public records.
(2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises.
(3) Easements or claims of easements not shown by the public records.
(4) Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished imposed by law and not shown
by the public records.
(5) Taxes or special assessments which are not shown as existing liens by public records.
Special Exceptions:
9. Reservations and exceptions contained in the United States Patent
to the described property recorded May 20, 1899 in Book 12 at Page
508, including:
a. Right of the Proprietor of a vein or lode to extract
and remove his ore therefrom should the same be found to
penetrate or intersect the premises hereby granted as
provided by law.
b. There is reserved from the lands hereby granted a right of way
thereon for ditches or canals constructed by the authority of
the United States.
10. Easement and right of way conveyed to Mountain States Telephone and
Telegraph Company in Document recorded July 13, 1931 in Book 168 at
Page 159.
11. An undivided 1/2 interest in all oil, gas, and other minerals as
reserved by John C. Rigney and Phil T. Rigney in deed recorded
October 27, 1950 in Book 254 at Page 556.
12. Easement and right of way for roadway purposes reserved by Harold L.
Gambrel and Helen Rigney Gambrel in deed recorded November 5, 1957
in Book 305 at Page 204.
13. This policy does not insure title to land comprising the shores or
bottoms of rivers and is subject to any build up or loss of property
along the Roaring Fork River, caused by the processes of accretion
and reliction, or caused by man made changes in the flow of water or
in the course of the river bank or river channel; also subject to
the free and unobstructed flow of the water of said river.
14. Right of Way and Easement for the existing County Road as constructed
and in place.
15. Right of Way for road purposes as set forth in Warranty Deed recorded
in Book 459 at Page 416 and in Book 481 at Page 9.
16. Terms, Conditions and Stipulations contained in the Resolution recorded
in Book 531 at Page 246.
17. Terms, Conditions and Stipulations contained in the Subdivision Improve-
ments Agreement recorded in Book 593 at Page 292, Book 626 at Page 482,
Book 661 at Page 596, Book 698 at Page 401 and in Book 720 at Page 108.
18. Terms, Conditions and Stipulations contained in the Declaration recorded
in Book 593 at Page 589 and in Book 610 at Page 795.
19. Rights of Way and Easements as shown on the Plat recorded at Reception
No. 325086.
20. Any loss of damage arising out of the correction or the reformation
of the Quit Claim Deed to the Board of County Commissioners in Book 654 at
Page 930. NOTE: The Quit Claim Deed to The Board of County Commissioners
describes the property as being in Section 35, Township 6 South, Range 93
West, which is on West Dry Creek which is Southeast of Rifle, Colorado.
21. Any loss or damage arising out of the encroachment by the Quit Claim Deed
to The Board of County Commissioners in Book 654 at Page 930 onto Envelope
Blocks 10, 12 and 14 and the surrounding area as set forth on the River
Ridge P.U.D. Plat.
22. Any loss or damage arising out of the variations with and among the
legal descriptions of River Ridge P.U.D. and the Deed recorded in Book
656 at Page 950.
CHARLES M. GRAY
0279 County Road 109 #1
GLENWOOD SPRINGS, COLORADO 81601
Telephone (970) 947-9688
Cell (970) 379-0675
October 12, 2004
Mark Bean
Garfield County Planning Office
108 Eighth Street
Glenwood Springs, CO 81601
Dear Mark,
I am interested in buying Lot 2 of the River Ridge Subdivision, located just outside of
Westbank. I obtained a copy of the final plat and enclose a copy of the plat showing Lots 2 and 3.
There is a house on Lot 2 that I am now renting from the Owner, Karen Stowe. Another unit is
built over the boundary line of Lot 2 and 3 of the subdivision. In order to purchase Lot 2 a
boundary line adjustment must be approved which completely places the unit which crosses the Lot
2 and 3 boundaries in Lot 3. This would mean that there are two duplex units located on Lot 3. I
propose that the Lot line between Lot 2 and 3 be moved in the manner as set forth on the map
attached hereto. The same number of units will remain despite the lot line change. I propose to
keep Lot 2 one acre in size.
Please review the enclosed proposal and let me know whether this can be accomplished. I
will be happy to talk with you about the requirements to accomplish this change if you believe it is
possible. At that time I will be able to make an offer to the Owner and put the property under
contract.
Thank you for your assistance.
SAC:11
Sincerely,
Charles M. Gray
()CT 12 2004
2 7' E
)O" W
Jo" w
00" E
5'
09 11
-24"0646
15'22'51"
90'00'00"
180' 0
90'00'00"
i
S` 30-10'26"
79.41'-
X135.77
4
q. ft.±
:rest
SE COR SEC 35
-ND BRASS CAP
O
N
N
:R RIDGE
54`- ---
DEDICATION
c1
1-+
137.98' ___------
S 31'2840 E-__-___
aJ
N
LOT 3
43,741, sq. f t,±
1.004 acres±
L
-<-I,VE
- - - 157.22'
.J
DOMESTIC WATER
PUMP HOUSE
T
L
CB =
C
ti -38
395.19
166.31
314.84
S 08°2
306.58
N4g" w ��/
---------- -" ------ 141_70 _--------
G /
II
L3
1 15.00' bJ
L5
LOT 2
43,741, sq,
1.004 acres±
L _.
ESE PRESENTS THAT J & S ENTERPRISES, LLP, BEING
SIMPLE, OF THAT REAL PROPERTY BEING MORE
IBED AS FOLLOWS:
ITUATED IN A PORTION OF LOT 5, SECTION 1 AND
F TOWNSHIP 7 SOUTH AND IN A PORTION OF LOT 11 AND
LOT 3, SECTION 36, TOWNSHIP 6 SOUTH, RANGE 89
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
CEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SOUTHEAST CORNER OF SAID SECTION 35; THENCE
20 FEET TO THE TRUE POINT OF BEGINNING; THENCE
20 FEET; THENCE S 48'11'00" E 324.47 FEET TO
T-GMrF THF
1529.00'
THAT SAID OWNER DOES HEREBY DEDICATE AND SET APART
STREETS AND ROADS SHOWN ON THE ACCOMPANYING PLAT 1
OWNERS OF LOTS AND THE RIVER RIDGE HOMEOWNERS' ASE
AS ACCESS FOR EMERGENCY SERVICE PROVIDERS SUCH AS
AND LAW ENFORCEMENT AGENCEIES, AND THOSE PORTIONS
PROPERTY WHICH ARE LABELED AS OPEN SPACE ON THE AC
PLAT IN PERPETUITY PROVIDED THE SAME SHALL NOT BE
SUBDIVIDED, AND HEREBY DEDICATE TO THE PUBLIC UTIL
THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LAE
UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERF
FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES
AND DRAINAGE FACILITIES, INCLUDING BUT NOT LIMITE[
LINES, GAS LINES, OR TELEPHONE LINES; TOGETHER
THERETWI'
TO TRIM INTERFERING TREES AND BRUSH; W
INGRESS AND EGRESS FOR INSTALLATION AND MAINTENAN(
SUCH EASEMENTS AN R ruTs SNAIL BE UTILIZED IN A f
l0" w
Do" w
00" E
z4 0646
15'22 51"
90'00'00
180'00'00
90'00 00"
1'
5' i 35.77
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i til
/ 1
143 80'
4
q. f t.±
:res±
3E COR SEC 35
'ND BRASS CAP
O
L)
N
N
:R RIDGE
54`-----
DEDICATION
oomEsnc
PUMP HOUSTER
IL
1�
S 31'28'40 E 137.98'_—
'3
0 =A -77r.
R = 395.19
T = 166.31'
L = 314.84'
CB = S 08°2.
C = 306.58
'49" W 141.70' /
_
115.00'
LOT3
43,741, sq. £t,±
1,004 acres±
L
DIVE
157.
LOT 2
43,741. sq. f t ±
1.004 acres±
O
O
ESE PRESENTS THAT J & S ENTERPRISES, LLP, BEING
SIMPLE, OF THAT REAL PROPERTY BEING MORE
IBED AS FOLLOWS:
ITUATED IN A PORTION OF LOT 5. SECTION 1 AND
F TOWNSHIP 7 SOUTH AND IN A PORTION OF LOT 11 AND
LOT 3, SECTION 36, TOWNSHIP 6 SOUTH, RANGE 89
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
CEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SOUTHEAST CORNER OF SAID SECTION 35; THENCE
20 FEET TO THE TRUE POINT OF BEGINNING; THENCE
20 FEET; THENCE S 48'11'00" E 324.47 FEET TO
TuckIrT THF
1529.00'
THAT SAID OWNER DOES HEREBY DEDICATE AND SET APART
STREETS AND ROADS SHOWN ON THE ACCOMPANYING PLAT T
OWNERS OF LOTS AND THE RIVER RIDGE HOMEOWNERS' ASS
AS ACCESS FOR EMERGENCY SERVICE PROVIDERS SUCH AS
AND LAW ENFORCEMENT AGENCEIES, AND THOSE PORTIONS
PROPERTY WHICH ARE LABELED AS OPEN SPACE ON THE AC
PLAT IN PERPETUITY PROVIDED THE SAME SHALL NOT BE
SUBDIVIDED, AND HEREBY DEDICATE TO THE PUBLIC UTIL
THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LAE
UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERF
FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES,
AND DRAINAGE FACILITIES, INCLUDING BUT NOT LIMITEC
LINES, GAS LINES, OR TELEPHONE LINES; iOGETHER THEREWIll
TO TRIM INTERFERING TREES AND BRUSH; W
INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANC
SUCH EASEMENTS Awn RIrHTS SHAH BE UTILIZED IN A F