HomeMy WebLinkAbout5 - Declaration of Covenants, Conditions & Restrictions•
R -coaled of Ci k +u. OCT L�
Ratep►.cr: t i_ __-jari Esr n•.tLDRED ALSDORF, RECORDER
OF
COVENANTS, : ND I _ . -)NS AND ,. E. ;P ... : ;NS
FOR
RAT=M7NT MESA
THIS DECLARATION, made on the date i:ereinafter set
forth by BATTLEMENT MESA, INC., a Delaware corporation and
TOSCO COMMUNITIES CORPORATION, a Delaware corporation, here-
inafter jointly referred to as "Declarant", and by PULTE
HOME CORPORATION, a Delaware corporation,
WITNESSETH:
WHEREAS, Declarant and Pulte Home Corporation are
the owners of approximately 3010 acres of land as shown on
the Planned Unit Development Mari - Battlement Mesa dated May
19, 1980, and filed with the County Commissioners of Gar-
field County, Colorado, which land is referred to herein as
"Battlement Mesa";
NOW, THEREFORE, Declarant and Pulte Home Corpora-
tion hereby declare that all of the real property shown on
the r ;orded plat of Monument Creek Village, Section One
(exc ,t Reserved Parcels A, B and C), being part of Battle-
ment Mesa, shall be held, sold and conveyed subjP;:t to the
following easements, restrictions, cove..dilL5 and condi-
tions, which are for the purpose of protecting the value and
desirability of, and which shall run with the real prope.ty
and be bindini.: on all parties having any right, title or
interest in the described properties or any part thereof,
their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof. Additional land within
Battlement Mesa referred to in the preceding paragraph may.
be hereafter added or annexed by the Declarant and made sub-
ject to the provisions hereof in accordance with Article V,
Section 4 hereof.
ARTICLE I
DEFINITIONS
Section i. "Service Association" shall :neat: and
refer to Battlement Mesa Service Association, its successcrs
and assigns.
456
3r:
Se,;t . mm.
ommmm_:� a.ssoc:at _on' sha:.
w_ a'formed to wa:nta- - mmon as l any
e •:ter
in, the �hll::da.:C�$ �F and to .r c � !'`, the i'NS.�.C.. t
r r ,elan . i r. 1.. :3 ti4 : _h -
.n Sa .ement Mea -c,a. ::e:�;'.mac
�a . r �c.�.�: of •, . ,.. a,_�e
Sect:on 3.
mean the Seal ` Or3e-•l,C mmun ty As oclat:on Area" shay i
.-.,n are from time �,•,
.:he u: .sdic of any particuia: t , e `:me t:on.n
Lomnunity Assoc:at:or,.
Sect on�,
4_ "Owner" shall mean and refer to the
record owner, whether her one or more
fee simple title to anyPersons or e�;t; t • e of a
Proper-
ties, m clods *F Lot which is apartof
including contract sellers, the pro av:
such interest ,;,c�-Qa. � but exclude. those
obligation.
Y as se._urlty for the €rfogmanchavino
of an
that certSection 5. "Properties'' shall mean and refer to
ain real property hereinbefore described
as may hereafter be brow ht and such
jurisdiction; of the Service Association. g within the
Section 6 . "Common Area"
property owned byshall mean all real
andpro en 'o the Service Association fr'r the common use
J yment of the Owners. The Common Area to be owned by
the Service Association at the time of conveyance of
the
first Lot is: None.
Section 7. "Lot" shall mean and refer to
in-
dividually numbered lot showy. upon 4n
map of theany Proprties with Y recorded,how subdivision
public school land, the exception, however, of any
church land and any Common Area.
Section 8. "Apartment Lot"
which is made subject to residential shall apartmentre.use
tions by virtue ofany Lot
a deed or by lassif restric-
tions
County, Colorado zoning classifications b
occupancy has bean issued bydGarfieldfor ch a rt_florad of
Colorado.
Section 9. "Single -Family County,
de-
tached, residential house which ,y House" means a
Tamil provides a residence
and for which a certificate of occupancyd has
for one
issued by Garfield County, Colorado.
Y :as been
Section 10. "Townhouse" means an attached
res-
idential house
which provides a residence for f -ily
for which a certificate of occupancy
fi ore family and
eld County, Colorado. Y has been �,suec by Gar-
field
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,.�PsF.� �ps.deareat ched
e fcr
wne: : Y s_ - a _ `
a parcel 3. :and 1n c - .:e
r v'.. a e. • . a a . a . ded inter est in he land and
ey ,,rado
:pane. has been issued by Gar-
-Apartment
�.a` -.
' ,:=.:sar tment Ji -it"
mean.;, ur,y ce.. :'ps• iden-
- apo. anent -qui _d. �
`1q on and whicn is
an Aria r Tar
ection " "Commercial Unit" mean
s eac- five.:dre r square fee fraction ;er^of) -- floorspa-e within a^•: -ommrc-al structure constructed on any
.and which ,s rest:; -ted tcommercial use or which sub-
ject to commerc_a: uSerestrictions by
Y
zoning classifications virtue of a deed or
forof Garfield County, Colorado
which a cert,fi:ate of occupancy has been and
field County. Colorado. a� issued by ar-
Section�,
14. "Declarant" shall mean and refer to
Battlement Mesa Tnc. and Tosco Communities Corporation,
their respective successors and assigns,
if anysces-
sor or assignee (a) acquires from either Battle
suchsa,
Inc. or Tosco Communities Corporation
Mesa,
ies Corporation all or substantially
all of such party's property at Battlement Mesa and (b) is
designated by such party in a recorded
a successor or writteninstrument instrument aastion assignee such party under this Declara-
Section 15. "Affirmative Vote of the members of
the Service Association" shall mean, unless otherwise
stated, a majority of the votes of each class of members
voting in person: or by proxy at a meetin at
is present in person or by g which a quorum
proxy.
ARTICLE II
PROPERTY RIGHTS
Section 1 Owners' Easement of Eniovment.
Owner shall � 1--- have a right and easement of enjoyment in�andy
the Common Area which shall be t yang and is
with the title to every appurtenant to and shall pass
isions: Lot subject to the following pro -
(a) The right of the Service
charge reasonable admission and other fees for the rsheatsase. to
e of
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any_-„
:-eeca.. •:d: .'aC_�-��r c
ao 'e-c_e e' the _ua ed .;por, the Common Area and
^:e and 'umstances ' erei
use suchr ac:. i ... tes; i W:;e; may
) The right of the Se:
suspendthe •:o:::,g rights '.'ice Association tc
tnd right to use oZ the recrea-
::1onal facilities by ar. Owner fo.r any period during which
aeriod
not to
against his :.ot remains unpaid; and f
1, to exceed such (60)days for any infraction of its spub-
lished ales and requ:attons; P
(c) The right of the Service
encs
dedicate or transfer all or anyAssociation to
any pubpublica part of the Common Area to
g y, authority, service district, or utility
for such purposes and subject to such conditions as may be
agreed to by the members. No such dedication or trar..3fer
shall be effective unless approved by the Federal Housing
Administration cr the Veterans Administration as provided in
Article V, or if such approval is not re
thirds of each c1as6 of the members of the1reServicenAssocia-
tion; and
(d) A. and all rights reserved by the deeds
to the Common Area, which shall be subject to approval
the Federal Housing Administration and the Vetev
ansAdmibni-
stration as long as there are Class C members.
Section 2. Delegation of . Use
' Any Owner may
delegate, in accordance with e Bylaws, his right of enjoy-
ment to the Common Area and facilities to the mer,roers of his
family, his tenants, or contract purchasers who reside on
the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section i.Own
to assessment shall beva�memberrofftheaLot ServicehAssociatiot
Membership shall be appurtenant to and may not be separaten.
d
from Ownership of any Lot which is subject to assessment.
Section 2. The Associa- or shall have three
claofvoting memberahi
i t h e. P, determined within each Commu-:-
Jsocia_ion Area wit:iin Battlement Mesa as follows:
410
.4.
iS.e? ^ �'
. ,e exc ec. a5s - . Y1ass A members shall be ails i' -h
be ent .:: e d ` _tjss B members and the Declarant and Wiiall
(a) One (1) vote for each Lot owned; and
(b) if such. Lot is improved with more than
one �
Angle-Ba.mi y House, Townhouse,
Com-
mercial Unit, then. one Condominium Unit or Com_
rnerc)ional Single-Familytnon(1)additional vote for each such
or Commercial Unit. House, Townhouse Condominium Unit
Class B. Class B members shall be
Apartment -Lots all Owners of
with the exception of the Declarant and shall
bep entitled to:
ed; and
(a) One (1) vote for each Apartment Lot own -
apartment houseb)then twsuch
tlhpa Apartment Lot is improved as an
for each such Apartment Unit• (jde of an additional vote
ing power of all Cl � Pr°�'ided, that the entire vot-
ass B members shall in no event exceed
49% of the total voting power of the Service Association.
Class C. Class C member(s) shall be the Declarant
and shall b e entitled to three
(3)
Lot owned that would be allocated to1suchtLotsoifsowfornedebyhy a
Class A or Class B member. The Class C membership shall
membership,
cease and be converted to Class A or Class B
appropriate, on the happening of either of thefollowias
events, whichever occurs earlier:
(a) When the sum of the total votes outstan-
ding in the Class A and Class B
membersp
votes outstanding in the Class Cmembershi ; orls the total
p; o_
(b) On January 1, 1990.
Section 3. When more than one person holds an
interest in any Class A or Class B Lot as an Owner, all sl:ch
Owners shall be members. The vote of
ex-
ercised such"��'
as they among themselves Lot `na-- be a�_
determine.
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COVENANT FOP MA: NTENANCE ASSESSMENTS
Section 1 Creat:o:i of__
S do _the Lien and Personal
Cbliaat.ion ofAssessments. The Declarant, _fo— each Lot
owned within the Properties, hereby covenants, and each Own-
er of any Lot, by acceptance of a deed therefor, whether or
not it shall be so expressed in such deed, is deemed to cov-
enant and agree to pay to the Service Association: (a)
annual assessments, and (b) special assessments, such as-
sessments to be established and collected as hereinafter
provided. The annual and special assessments; together with
interest, costs, and reasonable attorney's fees which are
incurred by reason of the failure to pay such assessment as
required shall be a charge on the property against which
such assessment is made and shall be a cc.itinuing lien on
such property. Each such assessment, together with inter-
est, costs, and reasonable attorney's fees necessary to col-
lect the assessments shall also be the personal obligation
of the person who was the. Owner of such property at the time
when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in
title unless expressly assumed by them.
Section 2. Pur noses of Assessments. The assess-
ments levied by the Service Association shall be uEl
the common good of the community,m toward
pal, educational and recreationalpurposes civic betterment, rs of -
the Service Association (but not bywayof limitation) as
follows:
the promotion of)
theosocialrwelfareuctive of thecivic community aservice
n for
the citizens within the Properties which are a part ofd for
Battlement Mesa, to inculcate civic consciousness by means
of active participation in constructive projects which will
improve the community, state and nation;
To promote and/or to provide municipal
services and educational and public recreational services
a.id facilities for residents within the Properties which are
a part of Battlement Mesa; '�
(c) To acquire, maintain and conduct b;;:d-
=.^.qs and property for
public services and educat;onal and
recreational facilities,
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desir-
able or y Stier thing necessary or desir-
e .genera. benefit
(but byway of `n t to Battlement
a` 1 atat'on, Mesa, including
? the following;
(1) Pr oert Maintenance .Function. The
Service
Association shall provide for the care,
operation, management
- maintenance repair and re-
placement of
a1' Common Areas.
(ill Supplemental :Maintenance Function.
The Service Association may provide for the main-
tenance and repair of public properties such as
thoroughfares, streets, roads,
to the extent such Szgns and the like,
properties are not within the
boundaries of repair ofnot Association Areas and are
quately maintained by the goverrImental au-
thority having jurisdiction thereof.
(iii) Public Safet
vice Association may-- Y Fun °n• The Ser -
service within BattlenentlMesa safetyand sturity
limited to, patrols, - including buut not
forces. guards and other security
(iv) Solid Waste Collection and Dis.osal
Function. The Service Association may
thecollection, removal and disposal ofpall lsolidr
waste in Battlement Mesa, including
to, the construction, operation and maintenan?elofd
a central waste disposal facility.
(v) Recreational Function. The Service
Association may provide a
program of suitable variety,ar-round recreational
limited to, maintaining, including but not
swimming pools, tennis courts, gamng and ree s, g me
areas and other recreational amenities,tand such
miscellaneous equipment as may such
use in connection therewith. be appropriate for
(7i) Other Functions.
atior. may undertake and perform The Service Asso-
as it deems reasonable or necessary other -unctions
the provisions of Declaration.
to a_.•
this Declaration. ~y out
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Section3 •7axim m
-------__.___ annual Assessment.
(a) Until July 1 of they' e_az
immediately fol-
lowing the conveyance of
the first Lot to an Owner,
max-
imum annual assessment for each of the following categories
shall be as follows:
(i) For each unimproved Lot or Lot im-
proved with a Single Family Residence, $60;
(ii) For each Lot improved with a Town-
house or Condominium Unit, $60 per Townhouse or
Condominium Unit;
(iii) For each Lot improved with
Units, $40 per Apartment Unit; and
(iv) For each Lot improved with
cial Units, $60 per Commercial Unit.
A Lot shall be deemed unimproved until a certificate of
occupancy for the improvements upon it shall have been
issued by the appropriate authority of Garfield County,
Colorado.
Apartment
Commer-
(b) From and after July 1 of the yea.: �:medi
ately following the conveyance of the first Lot to an Owner
the maximum annual assessment shall be adjusted in confor-
mance with the Consumer Price Index (CPI) for All Urban Con
sumers, published by the U. S. Department of Labor, Bureau
of Labor Statistics, or such successor index as may be pub-
lished by the U. S. Department of Labor. The maximum as-
sessment for any year shall be the amount determined by (i)
taking the dollar amount specified in Section 3(a) above,
(ii) multiplying the amount by the published CPI number for
the fourth month prior to the beginning of the subject year
and (iii) dividing that resultant by the published CPI num-
ber for the month in which this Declaration was signed by
the Declarant.
(c) From and after July ? of the year imme-
diately following the conveyance of the first
Lo
er, the maximum annual assessment amounts s ecifi to an Own -
Section 2(a) ar..: used in the above adjustment for=nu aed abin
ove may be
changed by an Affirmat ve Vote of the members of the Ser•: ; ce
Association who are voting at a meeting duly called for *h t
purpose. The limitations hereof shall not apply to any
change :r. the maximum and basis of
the assessments under-
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taken as an incident to a merger or consolidation in which
the Association is authorized to participate under its
Articles of Incorporation.
(d) The Board of Directors may fix the annual
assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital
Im rovements In addition to the annual assessments
authorized above, the Service Association
n
assessment year, a special assessment, applicable ytolthaty
year only, for the purpose of defraying, in whole or in
part, the costs of any construction, reconstruction, repair
or repl`cement of a capital improvement upon the Common
Area, including fixtures and personal property related
thereto, provided that any such assessment shall have been
approved by an Affirmative Vote of the members of the Ser-
vice Association who are voting at a meeting duly called for
this purpose.
Section 5. Notice and Quorum for
An
Authorized Under Section 3 and 4. Written noticetofnany
meeting called for the purpose of taking any action author-
ized under Sections 3 or 4 hereof shall be sent to all mem-
bers not less than thirty (30) days nor more than sixty
0)
days in advance of the meeting. At the first such meeting
called, the presence of members or proxies entitled to cast
fifty percent (50%) of all the votes of each class of mem-
bership shall constitute a quorum. If the required quorum
is not present, another meeting may be called subject to the
same notice requirements, and the required quorom at the
subsequent meeting shall be one-half of the required quorum
at the preceding meeting. No such subsequent meeting shall
be held more than sixty (50) days following the preceding.
Section 6. Uniform Rate of Assessment.
annual and special assesm
sments ust be fixed and/oroah adjusted
at proportionately uniform rates for all Lots of eacicate-
gory described in Section 3(a) above and may be collected on
a monthly basis. Notwithstanding anything to the corcrary
herein contained, the annual assess.;Ients levied against Lots
owned by the Declarant shall be one-half (1;'2) the annual
Lot assessment provided for herrlin.
Section 7. Date ofCommencement o4
?gents Due �a,tea. _ _._.,_._.._.�..._�.��^r:ua .yssesa-
he aanua1 assessments pro•, ded for
stereir shall commence as to all Lots on the `. rs; a/ of the
month fo ow:ng the conveyance of the Cr.mmor,`,'lrmal to the
464
Ser -Lice Ass:^c=a:_o;: and any increase
meat ce s from - = ease =n the annual assess-
ment
day o. ;.he month Lot
f�llow11zmpzo�,-ed shall commence on the
certi-
ficate of occupancy for g the issuance of the assessment shall be austted acccordiingnto the t. enumber of
first nual
months remaining in the annual assessment period. The Board
of Directors shall fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of
each annual assessment period.
assessment shall be sent to every suWrOwner su ee of the ann>>al
The due dates shall be established
thereto.
stablished by the Board of Direc-
tors. The Service Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an offi-
cer of the Service Association setting forth whether the
assessments on a specific L,ot have been paid.
Section 8. Effect of Non -Pa
Remedies of the Syment of Assessment:
Service Association. If any assessment is
not paid within thirty (30) days after the due date, the
Owner obligated to pay such assessment may be reg
pay a reasotiiable late charge to be determined bytheeBoard
of Directors of the Service Association.
ciation may bring an action at law agairistThe theServOwnereperson-
ally obligated to pay the same and/or foreclose the lien
against the property. When a lien is foreclosed, the Owner
shall pay interest from the date of foreclosures at the high-
est rate then established �- law for interest on
No Owner may waive or otherwise escape liability for udgmnts.
P `Y
assessments provided for herein bye the
as stated in Article IVn non-use of the services
the Common Area or abandonment oof2hisreof Lotor by non-use of
Section 9. Subordination of the Lien to Mort -
e. The lien of the assessments provided for
Saleshall be subordinate to the lien of anymortgage.
Sale or transfer of any first mortgage.
on the transfer
of �Lot shall not affect the assessment
Y subject to the assessment lien. How-
ever, the sale or transfer of any
foreclosure or any Lot pursuant to mortgage
5^fish the lien. ofsuchcasaes assesng in sments thereof,eu shall be-
comeextin-
due prior to such sale or transfer. No sale or
payments which trans-
fer sr:a,j relieve such Lot from;nents thereafter liability for any assess -
becoming due or from the lien thereof.
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RT: CLE V
ENERAL PROVISIONS
Sect] o+i 1. Enforcement. The Service Associa-
tion, or any Owner, shall have the right
proceeding at law or in equity, to enforce, by any
condi-
tions, covenants, at is or i quit all restrictions, condi-
. s_rvations, liens and charges now or
hereafter imposed by the provisions of this Declaration.
Failure by the Service Association or by any Owner to en-
fcrce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so there-
after.
Section 2. Severability. ;nvali.dation :.f any
one of these covenants or restrictions by judgment
order shall in no wise affect anycios wr" court
shall remain in full force and effecter provisions which
Section 3. Amendment:. The covenants and re-
strictions of this Declaration shall run with and bind the
land, for the term of forte (40) years from the date this
Declaration is recorded, after which time they shall be
automatically extended for successive periods of ten (10)
years. This Declaration may be amended by
aj
of the members of the Service Association who mare'ity votingtin
person or by proxy at a meeting duly called for this
pur-
pose, in conjunction with the apprcval of the Declarant if
the Declarant is an Owner at such time. Any amendment must
be recorded.
Section 4. Annexation.
)
al
Area within theaboundariesnof thelareapshown on
y and the Common
Unit Development Map - Battlement Mesa, dated Mayhe 19, 1980,
filet' with the County Commissioners of Garfield County,
rado, may be annexed to the Properties covered bythis Dec-o-
laration and the Service Association, and subjected to the
jurisdiction and benefits of the Service Associate ar., by the
Declarant without the consent of the members.
:rt,rZe Sect b) Pon rperty other than that descr.ed •
(a l above, may be annexed t,, • ;e : rcper-
-_es with the aff -mat_•,e vote `A�
a es and theof the members o: the . ss -
approve: of the De '
.,,
s �:+Zer at such '::'!e,,Vg�-• ran` :: "ie �:�!:r Ara:�t ;
a+it1Y" M ! ,+ Cy ! Y, .0n; 4 ,1 :, `� a IA
P ! "` ♦ • mea-�`` ,,,g
.,r
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prior approval of the Fedeia.l Hous,n
Veterans Administration:ti9 Administration or the
l p -
ties, dedication of common aareaaandramendment of lofathisodeec-
laration of covenants, conditions and restrictions.
IN WITNESS WHEREOF, the undersigned, being the Dec-
larant. herein, has hereunto set its hand and seal this
day of October, 1982,
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Secretary
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BATTLEMENT MEA, INC.
By
President
TOSCO COMMUNITIES CORPORATION
A
By u
President
PULTE CORPORA
By
-2-
President