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HomeMy WebLinkAbout2.0 Declaration of Covenants1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P31 M ALSDORF 1 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS OF WEST RIMLEDGE SUBDIVISION Lawrence R. Green P.O. Drawer 790 Glenwood Springs, CO 81602 111111111111111111111111 111 111111111111 111 11111 11111111 553276 10/05/1999 04:46P 81154 P32 M ALSDORF 2 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO TABLE OF CONTENTS Page ARTICLE I. PURPOSE OF COVENANTS 1 ARTICLE II. OWNERS — HOMEOWNERS ASSOCIATION 1 Membership 1 Purpose 1 ARTICLE III. USE RESTRICTIONS 2 Permitted Uses 2 Accessory Uses 2 Duplexes/Multi-Family Structures 2 Outbuildings 2 ARTICLE IV. ARCHITECTURAL COMMITTEE 3 Architectural Committee 3 Approval by Architectural Committee 3 Improvements — Site Location 4 Building Permit 4 Variances 4 General Requirements 5 Materials and Landscaping 5 Site Location 5 Fencing 5 Lighting 5 Requirements for Protecting Structures from Wildlife 5 Construction Specifications 6 Defensible Space 6 Preliminary Approvals 7 Architectural and Site Development Plans 7 Architectural Committee Not Liable 7 Written Records 7 Authority to Promulgate Rules and Regulations 8 ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS 8 No Further Subdivision 8 Domestic Animals 8 1 111111 11111 111111 IIIII iii 1111111 11111 111 11111 1111 1111 653276 10/05/1999 04:46P B1154 P33 M ALSDORF 3 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO Underground Utility Lines 9 Service Yards and Trash 9 No Mining, Drilling or Quarrying 9 Domestic Water Wells 9 Individual Sewage Disposal System 10 Trees 10 Hunting 10 Prohibition Against Lawn Chemicals 10 ARTICLE VI. RESTRICTIONS ON LOTS 10 Number and Location of Buildings 10 Completion of Construction 10 Used or Temporary Structures 11 Enclosure of Unsightly Facilities and Equipment 11 Noxious or Offensive Activity or Sounds 11 Air Quality Restrictions 11 Firearms 11 Commercial Activities 11 General Restriction 12 ARTICLE VII. ACCESS TO SUBDIVISION 12 Primary Access 12 Emergency Access 12 ARTICLE VIII. COLLECTION OF ASSESSMENTS — ENFORCEMENT 13 Assessments 13 Lien for Nonpayment of Assessments 13 Enforcement Action 14 Limitations on Actions 14 ARTICLE IX. EASEMENTS AND OPEN SPACE 15 Easements Shown on Final Plat 15 Easements for Access and Repairs 15 ARTICLE X. INSURANCE 15 Types of Insurance 15 1111111 11111 111111111111 111 111111111111 111 11111 11111111 553276 10/05/1999 04:46P B1154 P34 M ALSDORF 4 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE XI. GENERAL PROVISIONS 15 Declaration to Run 15 Termination of Declaration 16 Amendment of Declaration 16 Severability 16 Paragraph Headings 16 Limited Liability 16 1111111 11111111111111111 111 1111111 11111111111111111111 553276 10/05/1999 04:46P B1154 P35 M ALSDORF 5 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS FOR WEST RIMLEDGE SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS FOR WEST RIMLEDGE SUBDIVISION is made and entered into this ,2X 1 day of ) J -1 , 1999. ARTICLE I. PURPOSE OF COVENANTS This Declaration of Protective Covenants (the "Declaration") shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as West Rimledge Subdivision (the "Subdivision") consisting of four (4) lots (the "Lots") as defined and described in the Final Plat (the "Final Plat") therefor recorded as Reception No. 5f...5,2_7 in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of Michael N. and Lenore L. Hammes (hereinafter collectively the "Declarant"), expressed by their execution of this Declaration, that the lands within the Subdivision be developed and maintained as a highly desirable scenic residential area with a strong sense of security, neighborhood and community. It is the purpose of this Declaration to create rules and a decision making process to strengthen the community, to preserve the present natural beauty, character and views of the Subdivision to the greatest extent reasonably possible, and to always protect the Lots as much as possible with respect to uses, structures, landscaping and general development. This Declaration shall be a burden upon and run with all of the lands within the Subdivision. ARTICLE II. OWNERS — HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities (including without limitation the Declarant) who own or acquire the all or part of the fee simple title to any of the Lots by whatever means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more than one, all persons and entities collectively who are the Owners of a respective Lot shall be referred to herein as a "Member." Each Member shall automatically be considered to have, for each Lot such Member owns, one membership interest in West Rimledge Homeowners Association (hereinafter the "Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of the Association, which have been filed with the Colorado Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado Secretary of State. Each Owner and Member shall be entitled to the privileges and obligations enumerated in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now exist or as they may be amended from time to time. 2. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient to the implementation and enforcement of this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair, and otherwise Declaration of Protective Covenants West Rimledge Subdivision Page 1 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P36 M ALSDORF 6 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, regulate and keep all roads and easements within the Subdivision and the access roads leading to the Subdivision in good, safe and usable condition to the extent that such may be reasonably necessary, feasible and desirable. The Association may own or co-own, operate, maintain, repair and replace the potable water system serving the Subdivision. The Association may enter into agreements with third parties for the maintenance, repair and upkeep of roads and accesses and the operation, maintenance, repair, and replacement of the potable water system. All costs and expenses incurred by the Association in connection with any of the foregoing shall be borne by the Members and shall be assessed, all as more fully provided herein. ARTICLE III. USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant or accessory thereto, shall be constructed on any Lot. The minimum size of a single- family dwelling shall be two thousand (2,000) square feet, exclusive of basements, open porches, decks, carports and garages. The maximum size of any single-family dwelling shall be twelve thousand (12,000) square feet, exclusive of basements, open porches, decks, carports and garages. 2. Accessory Dwelling Units. Accessory dwelling units shall be permitted on all Lots within the Subdivision in accordance with applicable provisions at the Garfield County zoning, subdivision and building regulations and shall be subject to the provisions thereof. The maximum size of an accessory dwelling unit shall be the smaller of three thousand five hundred (3,500) square feet or the size allowed at the time of construction by Garfield County in the applicable zone district, exclusive of basements, open porches, decks, carports and garages. The square footage of any such accessory dwelling unit shall not be included in the minimum or maximum amounts of square footage for dwelling units as provided in paragraph II1.1 above. 3. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are prohibited in the Subdivision. An accessory dwelling unit whether or not attached to a residential structure, shall not cause the structures on a Lot to be considered a duplex or multi -family structure. 4. Outbuildings. Auxiliary buildings such as greenhouses, tool sheds, work areas, detached garages and the like shall be permitted within the Subdivision, provided that no individual auxiliary building shall exceed one thousand two hundred (1,200) square feet, and provided further that the total square footage of auxiliary buildings on any single Lot shall not exceed one thousand eight hundred (1,800) square feet. No such auxiliary building shall exceed eighteen (18) feet in height at the ridgeline. No auxiliary building shall contain living facilities or be used as a dwelling unit but auxiliary buildings may include bathrooms. Declaration of Protective Covenants West Rimledge Subdivision Page 2 of 17 1111111 11111 111111111111 111 111111111111111111111111 1111 553276 10/05/1999 04:46P 81134 P37 M ALSDORF 7 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE IV. ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee shall be composed of three (3) natural persons. Prior to Declarant's sale of three (3) Lots, Declarant may from time to time appoint and remove the members of the Architectural Committee in Declarant's sole discretion, and the Board of Directors of the Association (the "Board of Directors") shall have no authority to remove any member so appointed. Upon the sale of the third (3rd) Lot, any new members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Members. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. The Architectural Committee shall not be obligated to have regular meetings, but shall meet as necessary to conduct the business of the Committee. All members of the Committee shall be provided at least ten (10) days advance notice of all Committee meetings. 2. Approval by Architectural Committee. No improvements of any kind, including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs and walks shall be constructed, erected, altered or permitted to remain within the Subdivision, nor shall any excavating, tree cutting and clearing or landscaping be done within the Subdivision, unless the complete architectural and site development plans and specifications (and such other items as are included in the "Plans" defined below) for such construction, alteration or landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by this Declaration or required to do by any subdivision improvements agreement between the Declarant and Garfield County. In particular, but without limiting the generality and scope of the foregoing, no roof may be placed on any structure unless the finished exterior material and color of such roof is specifically approved by the Architectural Committee. Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts shall provide for adequate weed control, the use of native grasses, shrubs or trees, and the use of certified, weed -free seed. Such plans will be submitted to the Architectural Committee prior to any excavation, and the Architectural Committee's approval of such plans shall be required before such excavation begins. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a grading and drainage plan, a soils and foundation report and an individual sewage disposal system (ISDS) design both prepared and certified by a professional engineer, and a fire management plan consistent with the provisions hereof and Plat Note No. 10 of the Plat and approved by the Carbondale and Rural Fire Protection District, and a complete list of all finished exterior materials and colors to be used (collectively referred to herein as the "Plans"). All copies of the Plans shall be signed and dated for Declaration of Protective Covenants West Rimledge Subdivision Page 3 of 17 111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P38 ti ALSDORF 8 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify additional information, reports, plans, specifications and the like required to be submitted to the Architectural Committee and to be deemed part of the Plans for all purposes hereunder. In the event the Architectural Committee fails to take any action within sixty (60) days after three (3) copies of the Plans have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove any Plans . The majority vote of the full number of members of the Architectural Committee then in office shall be required for any approvals described herein, but unless such majority votes to approve, the vote of two members ofthe Architectural Committee to disapprove shall constitute disapproval. In the event the Architectural Committee shall disapprove any Plans, the person or entity submitting such Plans may appeal the matter to the next annual or special meeting of the Members of the Association where a vote of seventy-five percent (75%) of the Members' votes entitled to be cast at said Members' meetings shall be required to change the decision of the Architectural Committee. 3. Improvements -- Site Location. All structures or improvements shall be constructed within the approved building envelopes depicted on the Final Plat. No structures or improvements, other than fences or walks, shall be constructed on forty percent (40%) or greater slopes. There shall be a minimum defensible space as specified herein of forty-five (45) feet on the East and West sides and sixty (60) feet on the North and South sides of each dwelling unit within the subdivision. 4. Building Permit. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, that the Plans approved by the Building Department shall not differ in any substantial way from the Plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. 5. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural Committee may, by an affirmative vote of a majority of the full numbers of members of the Architectural Committee then in office, allow reasonable variances as to any ofthe covenants and restrictions governing architectural control contained in this Declaration and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provision of this Declaration which was required by an approval obtained by Declarant from Garfield County for the Subdivision or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Owners. Notice to such Owners shall be deemed effective when placed in the United States mail, first-class postage prepaid, certified with return receipt requested, and addressed to the last known address for each Owner as provided to the Association. Declaration of Protective Covenants West Rimledge Subdivision Page 4 of 17 111111111111111111111111111111111111111 111 1111111111111 553276 10/05/1999 04:46P B1154 P39 M ALSDORF 9 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 6. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, alterations, excavating, tree -cutting and clearing and landscaping within the Subdivision harmonize (to the greatest extent possible) with the natural surroundings within the Subdivision and with other structures and improvements within the Subdivision as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots and other design features. a. Materials and Landscaping. The Architectural Committee shall evaluate, among other things, the materials and colors to be used on the outside of buildings or structures, and the harmony of landscaping and finished grade and floor elevation with the natural setting and the native trees and other vegetation within the Subdivision. It shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage. b. Site Location. Subject to the provisions of paragraph IV.3 of this Declaration, the Architectural Committee shall exercise its judgment to preserve, the natural characteristics of each Lot including trees, vegetation, and the natural setting of each building site. The Architectural Committee shall evaluate the relationship of any proposed structure or improvement to topography, the viewsheds of and relationships to other existing or potential structures and improvements in the Subdivision. c. Fencing. Barbed wire and chain link fencing shall be prohibited. Only wooden fencing shall be permitted within the Subdivision, with limited exception pertaining specifically to gardens, kennels or other elements where a wooden fence would not serve the purpose desired such as to keep animals in an enclosed area or to keep wildlife out of an enclosed area and to areas in close proximity to the primary or secondary structure where a masonry fence or wall may be used in addition to wood to create privacy or to provide visual screening. The type and location of all fencing must be approved by the Architectural Committee. In consideration of allowing the free movement of wildlife through the Subdivision no fencing shall exceed forty-two (42) inches in height when located outside of the building envelope as shown on the Final Plat. Within said building envelope, fencing may exceed this height only as approved by the Architectural Committee for the purpose of providing privacy, screening, containing domestic animals or excluding wildlife. d. Lighting. The Architectural Committee shall consider exterior lighting plans and will require that all exterior lighting be directed downward and towards the applicant's property. It will also recommend that all Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owners' respective Lot. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 7. Requirements for Protecting Structures from Wildfire. Wildfire is a fact of nature, and nothing can guarantee that persons or property within the Subdivision will be free from injury or damage due to wildfire. The requirements of this paragraph IV.7 and paragraph IV.3 above are Declaration of Protective Covenants West Rimledge Subdivision Page 5 of 17 111111111111111111111111111111111111111111 1111111111111 53276 10/05/1999 04:46P B1154 P40 M ALSDORF 10 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO intended to reduce the risk of damage or injury from wildfire from information available as of the date hereof without representation or warranty of any kind. All structures shall be designed and constructed in a manner to minimize the possibility of ignition from wildfire. The following design criteria shall be required for construction in the Subdivision. a. Construction Specifications. 1) Roofs: Roof construction and materials shall meet a fire resistance classification of "Class C" (as defined in the Uniform Building Code) or its equivalent. 2) Vents: Undereave vents shall be located near the roof line rather than near the wall to prevent flames from entering the house through these openings. The vents shall be screened with corrosion resistant, noncombustible wire mesh with the mesh not to exceed, on a nominal basis, 114 inch in size. 3) Decks: Upper level decks or other similar overhangs on the south (downhill) side of dwelling units shall not be allowed within the Subdivision. 4) Glazed Openings: Dual pane or triple pane glazing or its equivalent is recommended on all glazed openings. 5) Chimneys and Flues: Chimneys and flues which serve solid fuel appliances shall be provided with an approved spark arrester. b. Defensible Space. Defensible space is defined as an area surrounding a structure where certain modifications have been made and restrictions imposed to reduce or eliminate the presence of flammable material. Minimum defensible space for the Subdivision is set forth in paragraph IV.3 herein. The Colorado State Forest Service recommends downslope fuel modification for a distance of one hundred feet or more for structures located at the top of steep slopes. The following fuel modification procedures shall be followed in the creation of a defensible space. Large native trees, shrub groups and clumps of small trees within the defensible space should be thinned to provide 10 feet of separation between the vegetation canopies. New plantings should be placed to maintain 10 feet of separation of the vegetation canopies at the mature growth of the plantings. Grasses within the defensible space should be mowed to 4 inches or less. Declaration of Protective Covenants West Rimledge Subdivision Page 6 of 17 1 111111 11111 111111 111111 111 1111111 11111 111 111111111 1111 553276 10/03/1999 04:46P B1154 P41 M ALSDORF 11 of 21 R 103.00 D 0.00 GARFIELD COUNTY CO All trees taller than 18 feet should have lower branches pruned to a height of 6 feet. Shrubs and trees should be thinned along driveways to assure access by emergency vehicles. If not enclosed within a fire resistant structure, woodpiles should not be located within 30 feet from any structures, and flammable vegetation should be cleared for a distance of 10 feet around any woodpile. Construction materials, leaves and flammable debris should be removed from the defensible space. Leaves and debris should be removed from roofs at least once a year. Branches should be separated from chimneys by at least 10 feet. All liquid propane gas tanks should be buried. 8. Preliminary Approvals. Lot Owners who anticipate constructing or modifying structures or improvements on a Lot or excavating, tree -cutting and cleaning or landscaping on a Lot may submit preliminary sketches or plans thereof to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete Plans to allow the Architectural Committee to act intelligently in giving an informed preliminary approval or disapproval. The Architectural Committee shall never be committed or bound by any preliminary or informal approval or disapproval. The preliminary approval process is offered as an accommodation only, and the Architectural Committee may set fees for this service. 9. Architectural and Site Development Plans. The Architectural Committee shall disapprove any Plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by this Declaration. 10. Architectural Committee Not Liable. Neither the Architectural Committee nor any member thereof shall be liable for damages to any person or entity submitting any Plans for approval, or to any Owner or Owners of Lots, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such Plans. Neither the Architectural Committee nor any member thereof shall have any liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by this Declaration and any rules or regulations duly adopted by the Architectural Committee pursuant to this Declaration. 11. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set Declaration of Protective Covenants West Rimledge Subdivision Page 7 of 17 111111111111111111111111 111 1111111 11111 111 1111111111111 553276 10/05/1999 04:46P B1154 P42 M ALSDORF 12 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO of the finally approved Plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this Declaration. 12. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement this Declaration. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, alterations and the like. ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided, however, that conveyances or dedications of easements, if approved by the Architectural Committee, may be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and the prior approval of the Architectural Committee. 2. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors. The open pasturing of horses shall not be allowed within the Subdivision; however, horses may be kept in a stable and small corral upon a Lot in the Subdivision. Other livestock such as cattle, llamas, goats, pigs, sheep, chicken and other poultry shall not be permitted within the Subdivision. The Owner of each Lot shall be entitled to keep a maximum of one (1) mature dog. A mature dog shall be considered to be any dog older than four (4) months old. The neutering of dogs is strongly encouraged. Dogs shall be kept under the control of the Owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the respective Owners' Lot or within the area of any access, roadway, drainage or open space easement within the Subdivision shown on the Final Plat unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, electrically kenneled or housed at all times. The Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as specified in rules and regulations promulgated by the Board of Directors. Should any dog be found chasing any or molesting deer or, elk or any domestic animals, or livestock of any Owners other than the Owner of the dog in question, the Association shall be authorized to prohibit the Owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other Owners' domestic animals or livestock. Declaration of Protective Covenants West Rimledge Subdivision Page 8 of 17 1111111 111 1111111111111 553276 10/05/1999 04:46P B1154 P43 M ALSDORF 13 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects and waste at all times. No commercial animal breeding activities of any kind shall be permitted within the Subdivision. Notwithstanding the foregoing, no animal(s) may be kept on or within a Lot (whether or not within a structure) which, in the good faith judgment of the Board of Directors, result(s) in any annoyance or are obnoxious to Owners or other residents in the vicinity of the Subdivision. 3. Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable television and other utility pipes or lines within the limits of Subdivision, except for those in existence as of the date hereof and providing service to the existing dwelling unit located on Lot 2 of the Subdivision, shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the respective Owners causing the installation of the utilities no later than the next growing season following installation. 4. Service Yards and Trash. Equipment, service yards or storage piles on any Lots may be permitted during construction if they receive Architectural Committee review approval. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any Lot. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and shall not be burned thereon. 5. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Subdivision. 6. Domestic Water Wells. Domestic water service for the subdivision shall be provided by three individual water wells properly permitted under Well Permit Nos. 49664-F, 49665-F, and 49666-F. At all times the Owners of Lots within the Subdivision and the Association shall comply with all conditions of said Well Permits. No later thirty (30) days from the date of recording this Declaration, the Declarant shall assign the aforesaid Well Permits and Basalt Water Conservancy District Allotment Contract No. 299 which provides augmentation water for such wells to the Association. From and after the date of such assignment, the Association shall be responsible for all charges due the Basalt Water Conservancy District under Allotment Contract No. 299 as provided in said Contract and Order Granting Allotment Contract No. 299. The Association is hereby granted the authority and obligation to accept such assignment of the Well Permits and Allotment Contract No. 299 and to enforce all terms and conditions contained in said Well Permits and said Allotment Contract. Notwithstanding such assignment, the Owners of the Lot(s) receiving service from a particular well shall be responsible for all costs associated with drilling, operating, maintaining, repairing, and replacing the well which provides service to that Owner's Lot, including reimbursement to the Association of fees paid by the Association to the Basalt Water Conservancy District. In the event that any Owner shall fail to reimburse the Association such fees, or shall Declaration of Protective Covenants West Rimledge Subdivision Page 9 of 17 1111111 11111 111111 111111 111 1111111 11111 111 1IIII 111 1111 553276 10/05/1999 04:46P B1154 P44 M ALSDORF 14 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO otherwise fail to properly maintain and repair any well, the Association shall have the authority to pay such fee or to maintain or repair such defective well and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII of this Declaration. 7. Individual Sewage Disposal Systems. Sewage disposal for the Subdivision will be by Individual Sewage Disposal Systems (ISDS), typically a septic tank and leach field for each dwelling unit. Each ISDS shall be designed and constructed in accordance with Garfield County and State of Colorado regulations in effect at the time of construction. Each ISDS shall be designed and located to minimize tree removal and changes to the natural contours of the land. Responsibility for construction, operation and maintenance of each ISDS shall rest with the individual Lot Owner, and such system shall be maintained in accordance with applicable regulations of Garfield County and the State of Colorado. At a minimum, each septic tank shall be pumped at least every three (3) years. In the event that any Owner shall fail to properly maintain and repair the ISDS serving that Owner's lot, the Association shall have the authority to maintain or repair such defective ISDS and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII. of this Declaration. 8. Trees. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. All construction, landscaping and development on any Lot shall seek to minimize the removal of trees and maximize the preservation of trees to the greatest extent possible consistent with requirements for a defensible space, and wildlife protection and the reasonable immediate plans of the Owners of the respective Lot to improve, develop or redevelop it. 9. Hunting. Hunting shall be prohibited within the Subdivision. In the event of conflict with wildlife on a Lot, the Lot Owner shall contact the Colorado Division of Wildlife to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a nuisance may only be removed or destroyed upon the approval of the Association and only in a manner approved by the Colorado Division of Wildlife. 10. Prohibition Against Lawn Chemicals. The application of chemicals to lawn grasses within the Subdivision to control weeds, pests or for any other purpose, is strictly prohibited. ARTICLE VL RESTRICTIONS ON LOTS 1. Number and Location of Buildings. No buildings or improvements of any kind shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. 2. Completion of Construction. Any construction activity on any Lot shall be completed, fully cleaned up and landscaped within eighteen (18) months from the issuance of a building permit, unless the Owner of the Lot shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a Declaration of Protective Covenants West Rimledge Subdivision Page 10 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P 61154 P45 M ALSDORF 15 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Board of Directors may assess penalties in any amount it deems appropriate. 3. Used or Temporary Structures. Except within an enclosed garage, no used or previously erected or temporary house, structure, mobile home, manufactured home, or trailer shall not be interpreted as a general prohibition of modular construction. Furthermore, the foregoing prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a Certificate of Occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office and storage purposes and shall not be occupied as a residence for any period of time. 4. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not limited to, those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any propane or other fuel storage tanks shall be buried. Any storage piles, refuse or trash containers, utility meters or other facilities, shall be enclosed within a structure or appropriately screened from view by plantings or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. 5. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time, nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereby by sight or sound, provided that the Board of Directors may authorize the use of sound and sound devices to control or mange wildlife, livestock or domestic animals. 6. Air Quality Restrictions: In order to protect against the degradation which occurs to air quality as a result of the utilization of wood -burning devices, the following restrictions apply: a. No open hearth solid fuel fireplaces will be allowed anywhere within the Subdivision, except as the same may exist as of the date hereof within the existing residence on Lot 2. b. All dwelling units within the Subdivision will be allowed an unrestricted number of natural gas burning fireplaces or appliances. c. All dwelling units within the Subdivision will be allowed one (1) new wood - burning stove as defined by Colorado Revised Statutes 25-7-401 et seq., and the regulations promulgated thereunder. 7. Firearms. The discharge or shooting of firearms is prohibited in the Subdivision except as may be permitted by rules and regulations adopted by the Board of Directors. Declaration of Protective Covenants West Rimledge Subdivision Page 11 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P 61154 P46 M ALSDORF 16 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 8. Commercial Activities. Neither the conduct of any commercial activities nor the storage of materials, goods, equipment and other items used or associated with commercial activities shall not be permitted on any Lot; provided, however, that personal vehicles with a business name placed thereon shall not be prohibited and Owners shall be permitted to maintain an office on their respective Lots so long as services are not provided which result in the public coming to such Lot on a regular basis. 9. General Restriction. All Lots shall comply with restrictions contained in any other section of this Declaration. The Board of Directors may adopt, promulgate and enforce rules, regulations necessary or advisable to implement or interpret the provisions of this Declaration. ARTICLE VII. ACCESS TO SUBDIVISION 1. Primary Access. Primary access to the Subdivision from Garfield County Road 100 is along a private road, known as Rimledge Road. The costs of maintaining Rimledge Road are shared by all users of the road pursuant to a Road Maintenance Agreement recorded in the records of Garfield County at Book , Page (hereinafter Road Maintenance Agreement). The Owners of all lots within the Subdivision shall become and are hereby declared to be parties to the Road Maintenance Agreement. Each Owner of a lot within the Subdivision hereby agrees to pay his or her pro rata share of the costs of maintenance and upkeep of Rimledge Road as stated in the Road Maintenance Agreement. In the event that any Owner shall fail to pay his or her share of the cost of road maintenance for Rimledge Road as levied in accordance with the Road Maintenance Agreement, the Association shall have the authority to pay such cost on behalf of such defaulting Owner and assess such cost as a special assessment to such Owner in accordance with the provisions of Article VIII. of this Declaration. 2. Emergency Access. In accordance with conditions of approval for the Subdivision imposed by Garfield County Declarant has obtained a perpetual easement for emergency ingress to and egress from the Subdivision across Lot 1 of the Subdivision and then over and across an existing emergency access road through Lot 5 of Wooden Deer Subdivision which is contiguous to said Lot 1 to the West. Declarant shall construct an approximately twelve foot wide roadway consisting of approximately six inches depth of three inch roadbase material upon this easement. The purpose of said roadway is expressly limited to, and said roadway may only be utilized as ingress to or egress from the Subdivision in an emergency fire or medical situation when the primary access is impassable. This emergency ingress/egress road shall require periodic maintenance, including some snowplowing, if it is to remain passable and provide the intended emergency access. The Association shall be responsible to maintain and repair such emergency access road, and the costs associated therewith shall be a common expense assessed against the Owners of all lots within the Subdivision as provided in Article VIII. of this Declaration. It is also intended and agreed that owners of Lots within Wooden Deer Subdivision have the right to utilize this emergency access easement in the event of the need for emergency ingress/egress to and from Wooden Deer Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 12 of 17 1 111111 11111 111111 111111 iii 1111111 11111 111 111111 111 1111 553276 10/05/1999 04:46P B1154 P47 M ALSDORF 17 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE VIII. COLLECTION OF ASSESSMENTS — ENFORCEMENT 1. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors. To the extent the Association is responsible therefor, assessments maybe lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing and plowing of roads within and accessing the Subdivision, including the emergency access road described in paragraph VII.(2) hereof; expenses of the Architectural Committee; and insurance, accounting and legal functions of the Association. The Board of Directors may establish contingency and reserve funds necessary to satisfy the maintenance of the Association's obligations and to fund any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his prorata portion of these funds. As used herein, an Owner's prorata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with this Declaration, the Articles or the Bylaws of the Association, as may be necessary or advisable. Such special assessment shall be paid for by the Owner(s) obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 2. Lien for Nonpayment of Assessments. Alt sums assessed by the Board ofDirectors, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: a. tax and special assessment liens on the Lots in favor of any governmental assessing unit; and b. all sums unpaid on a first mortgage ofrecord, including any unpaid obligatory sums as may be provided by encumbrance. Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above described shall be superior to the homestead exemption provided by Colorado Revised Statutes §38-410-201, et seq. , and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. Declaration of Protective Covenants West Rimledge Subdivision Page 13 of 17 1 111111 11111 111111 111111 111 1111111 11111111 111111 111 101 553276 10/05/1999 04:46P 61154 P48 M ALSDORF 18 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board of Directors. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the of the Lot and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3. Enforcement Action. The Association, acting by and through its Board ofDirectors, shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and the Association shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of this Declaration. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed one and one-half percent (1%2%) per month. After thirty (30) days' written notice to any Owner of a violation of this Declaration and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of up to One Hundred Dollars ($100.00) per day for every day the violation exists or continues after the expiration of said thirty (30) day period. 4. Limitations on Actions. In the event any construction, alteration or landscaping work is commenced upon any of the Lots in violation of this Declaration and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. Declaration of Protective Covenants West Rimledge Subdivision Page 14 of 17 1111111 553276 10/05/1999 04:46P 81154 P49 M ALSDORF 19 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE IX. EASEMENTS AND OPEN SPACE 1. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. The Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 2. Easements for Access and Repairs. The Association shall be entitled to an easement across any of the Lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, making necessary repairs and investigating and responding to emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of this Declaration. ARTICLE X. INSURANCE 1. Types of Insurance. The Association may obtain and keep in full force and effect the following insurance coverage: a. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. b. Coverage for members of the Board of Directors and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. c. General liability and property insurance. d. Coverage against such other risks of a similar or dissimilar nature as the Board of Directors deems appropriate. ARTICLE XL GENERAL PROVISIONS 1. Declaration to Run. All of the covenants, conditions and restrictions contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions and restrictions shall run with the title to all of the lands in the Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 15 of 17 111111111111111111111111 111 1111111111111111111111111111 553276 10/05/1999 04:46P B1154 P50 M ALSDORF 20 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 2. Termination of Declaration. In the event this Declaration has not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, this Declaration may be terminated on January 1, 2025, by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. If this Declaration is not so terminated, then it shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a vote of seventy-five (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Declaration. This Declaration may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association, said vote to be cast at a meeting of the Members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 4. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration. 5. Paragraph Headings. The paragraph headings within this Declaration are for convenience only and shall not be construed to be a specific part of the terms hereof. 6. Limited Liability. The Association and the Board of Directors shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board of Directors against loss resulting from such action or failure to act if the Association and the Board of Directors acted or failed to act in good faith and without malice. Declaration of Protective Covenants West Rimledge Subdivision Page 16 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P51 N ALSDORF 21 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this Declaration of Protective Covenants +r West Rimledge Subdivision has been executed as of the day and year first above �vritten. MICHAEL N. STATE OF COLORADO ) (N ) ss. COUNTY OF Jnr-c.(p(p� ) /i 1�. , /1 LENORE L. HAMMES e foregoing instrument was acknowledged and sworn to before me this 0 day of :‘,4 ICHAEL N. HAMMES and LENORE L. HAMMES. WitneS'i hand and\f i V al seal. 4t 'OW -,...) 8 Address: {'k1M ,4:T4 TE Of 0 My commission expi ` "4 c:lwp-docllg1hammes1...155.99 Declaration of Protective Covenants West Rimledge Subdivision otary Pub 818 Colorado Avenue Glenwood Springs, CO 81601 My Commission expires April 28, 2001 Page 17 of 17