HomeMy WebLinkAbout1.01 Supplemental Application MaterialstrPOM : Liston House
P.o. Eox 1908
1oo5 cooper AYc.
Glcnwood SPrings'
co el60e
FAX NO. | 9?@9454A66
Zalcaxf,LA 4f{D Assoflalg, tl{(-
August 10,2001
Aug. L3 zAAt Ag"g?At4 P2
(97O) 945-57OO
(97o) 945-12ss Fox
Mr. Ron Liston
Land Design PartnershiP
918 CooPer Avenue
Glenwood SPrings, CO 81601
', iil' ;','. ii' i;lF(E L+,,'.T,.,.'O' ;Ra l.:t th,
Dear Ron:
Attaohed is a clarification of our fire protection letter dated August 2,2OO1- Bill Gavette
of the Carbondate Fire Department points out, and we agree, -that fire tank size
.uqri*r"nte are based on the house size and may range between 260 gallons and 500
grllon"_ These storage amounts should be rnanageable from a construction stand point.
lf you have any questions. please call our office at (970) 945'5700'
Very truly yours,
Zancanella & Aesociates, lnc.
S-.-^x A 2e.""<t-@t\q
Thomas A. Zancar'tetla, P- E-
Attachment
cc: Mary Ann HYde
2;\20000\2071 7 T.O' Ranch (Hyde[fi reprotection-sddl.wpd
Enoremfi 6 (or{Sutrdrl rs
FPOM : Liston Houee F',AX NO. | 9?g9454a,66
FIRE . EMS
Aus. L3 2AA! @9.A?AY P3
rffiP),8
RESCUE
Augu-sr 8,2001
Mr- Tonr Zancanella
Zancanella and Associates
P.O. Box 1908
Glenwood SPrings, CO 81601
""w*lrrry:*fl$Hril"rrinororarrrSiii.rrcri.svs'i.*.xf;re-rSu
i
Dear Tom:
This is a fbllow up to our phone conversation rhis afternoon regarding resi<lential spnnkier
sysrems. riie cooe section referenced in your leffer to Mr' Rou Liston applics to "limitcd arca
dwellings,, o,A prouaUly would "ot U" applicable to rhe homes that would be built in the T'O'
Ranch subdivisiou
I have quoted the applicable code sections below. To summarize rhe waler supply requirements,
the minirnum lbr a trome wim nat Ceilings would be 260 gallons. A homc with beams and/or
vaultod ccilings may requiru raaitional';design sprinklers;'- ln rhat case up ro 500 gallons of'
storage oapacity rnay bc required'
Ntr"PA-13D
2-l General Provisions.
Every automatic sprinklet system shall have at least one automatic water supply' Where stored
,' ..'.='.r',-'ft!i!h16.!il;r1r!".i" Sqir"- "f rrpptry, the mininrum quor:tity shnll equsl the water demand
rate times 10 rninutcs. (See 4'l'3')
Exception:h'orclwellingunit.+thatareonestor!,inhoightundless.thew2000li2(186m2)in
area, the *ii, t"Wt, ihotl b," at lelst 7 minutis.[or tlte' two'sprinkler clemanil'
Chapter 4 SYstem Design
4-l Desigrl Crirena.
4-1. I Dcsign Dischargc'
.[he system shall provide a discharge of not less rhan I8 gpm (68 L/min) to any single operating
sprinl,rler and not less ttran t s gprnl4g L/min) psr sprinkl"r to ths numbcr of dcsign sprinklors,
carbondale & Rural Fire Protection District
SOo Meadowood Drlve. Carbondale, CO 81623. 970/963-2491 FaX 963-0569
FRoN : Liston House FRX NO. : 9??19454A66 Aug. t3 2AO1, Z9:AERM P4
Page 2 - T.O Ranch Intlividuat Sprinkler System, NFP'4-[3D
but the dischargc shrrll not be less than the listing of the sprir*lcr. 'l'he nrinimum operating
I)ressure of any residential sprinkler shall be 7 psi (0'5 har)'
4-1,2'F Number of Design Sprirrklers-
4-l,Z,l The number of design spriuklers shall include all sprinklers within a companmsnt uP to
a maximum of two sprinklers under a flat, smooth, horizontal ceiling, For compartments
containing two or more sprinklers, calculadons shall be provided to verifu the single operating
sprinkler criteria and the multiple (two) operating sprinkler criteria.
rai-?I*.'f.:.-.. , , r,nliiirriii"l sprinklers are currently listed for use under flat, smooth, horizontal ceilings
only- Sloped, 5eamed, and pitched ceilings could require special design features such as
targer flow, a design for thiee or more sprinlilors to operlte in the compartment, or both.
4-l.Z.Z The delinirion of companmem as used in 4-l .2.1 for dctcrmining thc numbcr of dcsign
sprinklers shall be a space that is cornpletely enclosed by walls ztnd a ceiling. The compartment
"nclos,.rre
shall be permirted to have obenings to an actjoining space, provided the openings have
a minimtrm lintel depth of I in. (203 mm) from the ceiling'
4- l -3 Water Demand. The water demaud firr the system shall be determined by multiplying the
design discharge specified in 4- 1 . I by the urmber of design sprinklers 'specified in 4- I -2. 1 .
Plcase sontacl me if you havc arry qucstions or if I can be of any assistance.
'h%te,,,b
Bill Gavctte
I ' ""r: DepuW Chief
nECrrvEg AUO 6 2001,
Date:
To:
Fax#.
From:
Project:
Job #.
LAND DESIGN PARTNERSHIP
918 Cooper Avenue, Glenwood Springs, CO 81601
970-945-2246 / Fax 970-945-4066
FAX MEMO / TRANSMITTAL
8l3t01
Mark Bean
945-7785
Ron Liston
T.O. Ranch Subdivision
981 5
Number of sheets transmitted including this cover sheet:
TRANSMITTED BY HAND DELIVERY
Mark:
Attached are the supplemental documents requested as a condition the Planning
Commission's recommendation to the BOCC. These documents include:
1. Letter from HP Geotechnical regarding radiation.2. Revised Protective Covenants that address the required in-house fire sprinklers
as well as other topics called for by the conditions of the p&2.3. A letter from Zancanella and Associates clarifying the storage requirements for
the in-house fire suppression sprinklers.4. A letter from the Corps of Engineers and a letter from Beach Environmental
regarding wetlands.
I have also included a copy of the Preliminary Plan plat map, which incorporates the
plat notes called for by the P&Z conditions.
t
June 11,2001
Mary Ann Hyde
P.O. Box 1557
Aspen, Colorado 81612
Hepworth-Pawlak Geotechnical, Inc.
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Far: 970-9{5-8.15{
hpgeo@hpgeotech.com
Job No. 100 661
Subject: Radiation Potential, Proposed T.O. Ranch Subdivision, Road 100 and
Highway 82, Garfield County, Colorado
Dear Ms. Hyde:
As requested, we are providing a statement of radiation potential at the subject site based on
our review of the geologic conditions and our experience in the area. We previously
conducted a preliminary geotechrical study for the development and presented the findings in a
report dated December 19, 2000, Job. No. 100 661.
The project is not located in an area where geologic deposits are expected to have unusually
high concentrations of radioactive minerals. However, there is a potential that radon gas could
be present in the area. It is difficult to assess the potential for future radon gas concentrations
in buildings before the buildings are constructed. Testing for radon gas can be d.one after
construction of a residence or other occupied structure. New buildings are often designed with
provisions for ventilation of lower enclosed spaces should post construction testing show
unacceptable radon gas concentrations.
If you have any questions or need further assistance, please call our office.
Sincerely,
HEPWORTH-PAW L, INC.
Steven L. Pawlak,
SLP/djg
$Fr"sf,y'-l cilsr-w
cc:Land Design Partners - Attn: Ron Liston
Errox ggnlrra Corw tLrAxrs
P.O. Box 19O8
1005 Cooper Ave.
Glenwood Springs,
co 81602
(97O) 945-5700
(970) 945-1253 Fax
August 2,2001
Mr. Ron Liston
Land Design Partnership
918 Cooper Avenue
Glenwood Springs, CO 81601
RE: T. O. Ranch lndividual Sprinkler System NFPA-13D
Dear Ron:
ln response to your question with respect to the amount of on site sprinkler storage that
will be required at each residence at T. O. Ranch, we have reviewed NFPA -13D and have
determined in Section 5-2.1 the duration of the flow should be ten minutes and the
maximum flow rate should be 13 gpm per Section 5-4.2 or ten minutes x 13 gpm or 130
gallons (see attached).
While this is a minimum requirement, we would suggest that at least 300 gallons of storage
be provided to each residence.
lf you have any questions, please call our office at (970) 945-5700.
Very truly yours,
Zancanella & Associates, Inc.
Attachment
cc: Mary Ann Hyde
Bill Gavette
\\Server\z & a jobs\20000\20717 T .O. Ranch (Hyde[fireflow.wpd
Zancanella, P.E.
l3D-r6 INST.{IL\TION OF SPRINKLER SISTE\,IS IN ONE. A.\D TWGFA.\flLY D\^ELLINGS.{\D UA.\UFACTL RED HO}IES
42.2 A lisrcd srrainer shall be pror.ided in risers or feed mains
rhat supplv spnnklers wirh orifices less than 3,i s in. (g.5 mm)
nominal diamerer.
5.3 Components.
A3.lt Sprinklers. Spnnklers for use in this wpe of wsrem
shall be specificallv listed for use in rhe conditions described
in Section 5-1..\ll sprinklers insulled in a companrnent shall
have rhe same rhermal response characteristics.
43.2. Alarms. Local warerflorr alarms and facilities for flow
resting them shall be provided on such sprinkler s\rsrems.
5-4 System Desip.
4.4.1 The rr"arer demand for *re svstem shall be not less rhan
10 gpm (37.8Li min) at a flourns pressure of 25 psi 032bar)
at the sprinkler rvhere only one spnnkler is insalled in a com-
panment.
5-1.2 The warer demand ior the svstem shail be not lessthan 6.5 gpm (24.6 L,zmin,1 ro.r.h of rwo sprinklers at aflowing pressure of 11 psi (0.76 bar) ar rhe spiink.ler where
Bvo or more sprinklers are installed in a compartment. Thesingle sprinkler demand point, as described in 5-1.1, also
shall be verified.
54.3* The area of coverage for sprinklers used in this svstem
shail not exceed 64 fr2 (5.9 m!) per sprinkler.
Exception: For compartmrnts not exceeding 1 00 fP ( g. j n* ) and, hav-
ing no dimmsion exceedins l0 ft ( j.l m1, a stngb spnnhLn shall be
perntlted to coaff this area.
5a.a .Th.e maximum perpendicular distance to a wall or pard-
don shall nor exceed 5 ft ( 1.5 m), and the minimum distance
benueen sprinklers shall not be less than 6 ft (l.g m).
5-4.5 The definition of combartmrnr as used in 5-1. l, 5-{.2. andi4.3 shall be a space that is enclosed bv walls anci a ceiling.
The compartmenr enclosure shall be permirted to have
openings ro an adjoining space, provided the openings have aminimum lintel depth of 2 in. (51 mm) fiom the ceiling and
do nor exceed 20 fr:l (1.86 m:) from each compartment.
a.5t Location of Sprinklers. Sprinklers shall be insalled in
all areas.
ExcStton No. l: Spnnhl.as are not required, in cl.othes clasets, linat
closeu,
^and,
panties whne the area of space does not exteed, 24 fft2.2 m2) and the least dimewion tloes not exceed ) ft 0.9 m1 ind
the walls and, ceilings are surfaced, uith noncombustible m limtted-
combustibb materiak as defined, b NI?A 220, Stand,ard. on Tlpes
of BuiUing Construction.
Exception No. 2: Sbrinkbrs arz not requirud in garages, open at-
taciud porches, carpofi* and similar sttnctur*.
Excepti-on No. 3: Spnnhlns are not requited in afiics, craul spaea,
and, oth* concealzd sbaces that are not used or intzndzd for tiving pur-
poses or storuge.
Chapter 6 Referenced publications
&l The following documenrs or pordons rhereof are refer-
enced wi*rin this sandard as mandarory requirements and
shall be considered part of the requiremenrs of this sundard.
The edition indicared for each ref'erenced mandatorv docu-
ment is the currenr edition as of the date of the NFpA issuance
of this sandard. Some of these mandatory documents might
1999 Edition
also be referenced in this sandard for specific infbrmarional
purposes and, therefore. are als<.r listed in Appendix B. \
Gl.l NF?APublicadons. National Fire prorection .\socia-
tion, I Batrervmarch Park. P.O. Box 9l{)1. eurno,. \,L{ ()2?69-
9l 01.
^\F?A 13, Starulard Jm the lnstallntiott oI SOAn*br S\srems,
1999 edirion.
NFPA 72, Nattonal Fire -\lalm CodP . lggg edi tion.
NFPA ?20, Standard, on Types of Bufuting Construction. lggg
edition.
&1.2 Other Publications.
Gl.2.l ANSI Publication. .\merican Nadonal Standards Inst!
tute. Inc.. I I Wesr 42nd Street. l3th floor. Nerv \brk. \y i 0036.
ANSI 836.10M. Welded and Seamless \Vrousht Steel pipe.
1996.
Cl.2.2 A.SME Publicarions. .rr.merican Sociew of Mechanical
Engineers. 345 Easr .17th Street, Nerv \brk, Ny 10017
-.\SME Bl6. i, Cast lron Pipe Ftanges and Fhnqeti Fiuinqs, l.9gg.
.{SME B16.3. ,Ylallzablz |ron Threadzd Fiutnqs. 1992.
ASNIE Bl6.+, Gray lron ThreaciedFilin€r, l9ig2.
-{SME B16.5, Pipe Flanges and Flangetl.Firrtngs. 1996.
ASME 816.9, Fttcton-,\Iade Wrousitt .\teel Buttweld.ing Fiuines.
1993.
ASIVIE 816.1I, Forged Fitttnes. .\ociut-WeLding and Threutled.
i996.
.{SME 816.l8. Cast Coppcr -lllu^ .soldcr Joint pressure Fiuings,
1984_
.{SNIE 816.22. Wrmtght Coppn and Coppn;lllu.sokterJoint
Pressure Fittings, 1 995.
ASME 816.25, Buttuetding Enk. 1997.
&.l.2.3 ASTM Publications. .{,merican Sociew lor Testins
and }lateriais, 100 Barr Harbor Drive. lVesr Conshohocken.
PA 1942&2959.
^{ST:vI A 53, Standard Specilicatwn lor pipe. Steel. Blach antl
Hot-Dippeci, Zinc-Coated Weldzd and Searntzss. l9g1.
Stand.a,rd Specificatton for Electnc-fusistance-lVelded. Steel
&pa{STMA 135, , 1997.
ASTM .{ 234. Standard Sbectficatwn 1m piping Fiuings of
Wrought Carbon Steel and Allq Steelfor ,\Iod.erute and. Elnatcd,lem-
pratures, 1997.
ASTNI A 795. .standard Specification for Blach and Hot-Dipped.
Zincloated. (Galuanzud) Welded and Seamless Steel pibeJbr Fire i?ru
uctton Ltse,1997.
ASTM B 32, Standard Specification for Sotder Metal 1g96.
- -Stand,ard Specificatwn lm Seamlzx Coppo TubeASTM B 75,
1995.
ASTM B 88. Standard Specijication Jbr .|eamlzss Copper Wata
Tube.1996.
ASTII B 257, Standant SpeciJication for e,eneral fuquirements
ior Wyryh! Seamlzss Copper and Copper-Alla Tube, 199i.
.{STM B 813, Standard Specifuation for Liquid, and, paste fluxes
1m Sol^d.ning Applications oi Coppo and Coppcr-Allw Tube. 1993.
ASTM D 3309. Standard Specirtcahon for pohbunbne tpB)
Phsttc Hot- and Cold-Wata Distnbution Systtms. l996.
,{STM F 137, Standoil Speaficatim'for Thread.zd Chlannaud.
Poly -(Viul Chknidz) (CPVC) ptzstu pipe Fiuings, Schetiule g0,
1996.
ASTM t 138. Standard Speafcation fm Socket-Ttpe Chloinated
Pol"e (Vin"tl Chloridz) (CPVC) Plastic Pipe Fiuings, Schedutz 40,
1997.
LI!I ITED,\RE.\ D\4'ELLINGS l3D-r5
Table a:fj(f) Equivalent Leogth of Fittings and Valves for Type M Copper Tube in Feet
4*
Diameter Degree(in.) Elbows
90- Long-
Degree Radius
Elbows Elbows
Tee or
Cross
(flow
turned
90
degrees) Tee Run
Gate
Valve
Angle
Valve
Globe*P
Globe Pattero Coct
Valve Vahe \hlve
(beck
Valve
3//4
I
lt/+
lt/z
9
2l
43
38
50
l5
0
2
1
I
3
2
3
J
5
0
J
2
2
+
+
8
7
I
I3
I
3
2
.)
5
()
0
0
0
I
l0
l9
l6
2l
32
ll
9q
20
26
3l
3
6
5
9
0
8
8
lt
14
Table 4J.3(g) Pressure Losses in psi in Water Meters
Flow (gpm)
Meter
(in.)52393l:.|62318
26
13
4
2
I
t
t
6
t
t
l0
1
J
4
.)
l8
9
J
2
rt
t+
s
.)
I
ft
9
4
2
ft
tt
'/ B
3//1
I
Lt/z
2
For SI units, I gpm = 3.785 L,u min: I in. = 25.{ rnm: I psi = 0.0689 bar.
tAbove maximum rated flow of commonlv avarlable melers.
nLess than I psi (0.689 bar).
44.4 To size piping for svstems with an elevated tank' pump,
or pumpank combination, the pressure at the lvater supply
outletshall bedeterminedandsteps (c). (e). (S). (h)' (i)' (i)'
and (k) of 4.3 shall be followed.
44.5 Hvdraulic calculation Procedures in accordance with
NFPA 13, Snndard,for ttu Installation of Slninhler S'tstzzrs, shall be
used for grid-rype svstems, looped-*'oe svstems, and svstems
connected to city water mains of less than 'l in. (100 mm) in
diameter.
a5 PipingConfigurations. Piping configurations shail be
permitted to be looped, gridded, or straight run, or to be com-
binations thereof.
,1.6 Location of Sprinklers. Sprinklers shall be installed in all
areat.
fuccption No. 1: Sprinhlas shall not be requied in bathroonu of 55 ff
(5.1 t*) and bss.
Exception No. 2: Spriilbrs shall not be required in chthes clasets.
linm closets, and pantia whcre the area oJ'the space rloes not excccd
24 fP e.2 n*) a;d the leost dimmsion does not exceed 3 ft (0.9 m)
anZ the walk and, crilings are surfaced with noncombttstibb or lim'
itzd<ombustibh matcrials as d.cfned in NFPA 220, Standard on
Types of Butlding Constnrction.
Exception No. 3: Sqrinhbn shall not be required in garages, opcn at-
taclud porches, catports, d,nd sirflilar stnrctures.
Exception No. 4: SPnnklfls shall not bc requited in attics, crawl spat-
es, and. otlw conceabd. spaces thot an not uscd or intmded,for liaing
purposes.
Exception No. 5: Sprinklns slwll not be rquired, in entrance fuers
that are not lhe only means of egras.
:l*5
5.l* General. This chapter shall applv onlv as an alternative
for one- and rwo-familv dwellings, including manufactured
homes, that do not exceed 2000 ftz (186 m2) in area and tha[
are one storv in height with smooth ceilings with a slope not
exceeding 10 degrees and a height not exceeding 8 ft (2-4 m)
for horizontal ceilings and 9 ft (2.7 m) for sioped ceilinp. .{ll
other requiremenc ;f this standard shall applv- '
Exceptian: Whae modifud b this chaptil.
&,2 \flaterSupply.
42.1 The water supply for sprinkler systems in limited area
dwellings shall be capable of suppordng the system demand
for 10 riinutes for one sprinkler operating as'deterrrined by
14.1 and 7 minutes for nvo sprinklers operaring as deter-
mined by 5-1.2.
1999 Ediuon
rt
Beach Environmental, LLC
July 27, 2001
Ron Liston
918 Cooper Ave.
Glenwood Springs, CO 81601
Dear iVfr. Listori:
I am enclosing a copy of the letter from the U.S. Army Corps of Engineers that we have
received upon your behalf. The Corps concur with our findings that the T.O. Ranch
Subdivision contains NO jurisdictional wetlands.
Ifyou have any questions, please feel free to contact us at 925-3475.
Sincerely,
"2
Pam Motley
0258al.USCoE
1/'1, lnr&r y
715 W. Main
Suite lO4
Asp€n. CO8l6l I
Tel (97O) 9?.5-1475
Fu 925-4754
REPLYTO
ATTENNON OF
DEPARTMENT OFTHE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 9581 4-2922
July 25, 2001
Regulatory Branch (200175290)
Ms. Karen Mauthe
Beach Environmental-, LLC'lLs W. Main, Suite 304Aspen, Colorado 81511
Dear Ms. Mauthe:
I am responding to your writEen request dated June 18, 2OOl,on behalf of t,he T.o. Ranch subdivision, for a verification of
f indings on a jurisdi-ctional- determination. The T.O. RanchSubdivision involves approximat.ely L't acres located northwest. oft.he intersectj-on of Highway 82 and County Road 100 nearCatherine's Store within Lhe NE t/4 NW L/4 of SecEion 31,Township 7 South, Range 8l West, Garfield County, Colorado.
Based on our review of the information provided, we concurwith your fi-ndings. while several of the ditch banks on theproperty are vegetated with willows, Lhe weEland soil parameteris not present and hydrology is reasonably assumed to be seepagefrom the ditches. Therefore, jurisdictional wetlands, ds d.ef i-nedby section 404 of the Cl-ean water Act, do not exist on thisproperty.
We have assigned number
Pl-ease contact Susan Bachinithis number if you have any(970) 243-1199, extension 16
2O0L75290 to this determination.
NalI of this office and refer toquestions regardi,ng this matt,er at
or the address below.
(
8150T-2563
Copy Furnished:
Mr. Mark Bean, Garfield County, 109 8t.h Street, Suite 303,Glenwood Springs, Colorado Bt6Ol
,' Regulatdry Office
40.2 Roql-Avenue, Room L4Crand-,:unctlon, Colorado
DecInRATIoN Or PnoTEcTve CoVENANTS
Or
T.O. Ranch Subdivision
TABTE OF CONTENTS
ARTICLE I.
PURPOSE OF COVENANTS .... 1
ARTICLE II.
OWNERS_HOMEOWNERSASSOCIATION .......1A. Membership .....1B. Purpose .. . ..1
ARTICLE III.
PERMITTEDUSES .,..,2A. PrimaryDwellingUnits .....2B. AccessoryDwellingUnits .....2C. Outbuildings. ....2D. AgriculturalUses ......2E. OtherUses. ......3
ARTICLE IV.
ARCHITECTURATCOMMITTEE. .......3A. ArchitecturalCommittee. ....3B. ApprovalbyArchitecturalCommittee ... ......3C. Improvements-SiteLocation.. ........4D. BuildingPermit .......4E. Variances ........4F. GeneralRequirements. .......51,. Mateials ........s2. Sitelocation.... ......5G. PreliminaryApprovals .......sH. Architectural and Site Development plans . . . . . sI. ArchitecturalCommitteeNotLiable ......5
J. WrittenRecords ......6K. Authority to Promulgate Rules and Regulations . . . . .6
ARTICLE V.
ISTSDESIGNANDPERFORMANCESTANDARDS. ......6
ARTICLE VI.
RESTRICTIONSANDPROTECTIVECOVENANTS .......7
Declaration of Protectiae Cooenants
T.O. Rnnch Subdiaision
Pageiof22
August 3,2001
E:\WP Doa\TlM\llyde\Iinal Plat Documents\Declaration of Protective Covenants.Ot.Oa.ih,*pa
NoFurtherSubdivision.. .....7DuplexesflVlulti-FamilyStructures.. .....gFencing ....gLighting ....8DomesticAnimals .....gHorses .....gRanchandFarmAnimals .....gUndergroundUtilitylines .......10ServiceYardsandTrash ....10
NoMining DriltingorQuarryi.g.. .....10DomesticWaterWells ......10WastewaterTreatment.. ....1,1,PrimaryAccess ......11Hunting ... 11TrashContainers.... .......11DamageWaiver ......11
Removal of Carcasses... ....12WildlifeBrochure .....L2PenaltiesA,VildlifeRestrictions ....12
ARTICLE VII.
RESTRICTIONS ON LOTS . . .12
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
o.
P.
a.
R.
S.
A.
B.
C.
D.
E.
F.
G.
NumberandLocationof Buildings ......12SprinklerSystems ....I2
Completionof Construction .......12
Used orTemporary Structures .....12
Enclosure of UnsightlyFacilities and Equipment ... .....13
Noxious or Offensive Activity or Sounds . . . . . 13AirQualigrRestrictions ....13H. Firearms ...14
I.
t.
ARTICLE VIII.
CommercialActivities... ....1,4
General Restriction
ISTSMANAGEMENTPLAN .....74
ARTICLE IX.
COLLECTIONOFASSESSMENTS_ENFORCEMENT. ...76
Declaration of Protectioe Coaenants
T.O. Ranch Subdh:ision
Page ii of 22
August 3,2001
E:\WP Docs\TlM\Hyde\Final Plat Documents\Declaration of protective Covenants.OS.OSlil.wpa
1,4
A.
B.
C.
D.
Assessments
Lien for Nonpayment of Assessments .
Enforcement Action
LimitationsonActions ......18
16
1.6
17
ARTICLE X.
RESERVEDEASEMENTS ....18A. Easements Shown on Final Plat . . . . 18B. EasementsforUtilities,AccessandRepairs ... .....18
ARTICLE XI.
INSURANCE.. ....19A. Typesoflnsurance... .......19
ARTICLE XII.
GENERALPROVISIONS ......20
A. Declaration to Run . . .20B. TerminationofDeclaration ......20C. AmendmentofDeclaration ......20D. Severability... .......20E. Paragraph Headings . . .20F. Limitedliabitity ......20
Declaration of Protectiae Coaenants
T,O. Rnnch Subdiaision
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DrCrenATIoN On PnoTECTIVE CovrNeNrs
For The T.O. Ranch Subdivision
THIS DECLARATION OF PROTECTIVE COVENANTS FOR THE T.O.RANCH
SUBDIVISION is made and entered into this day of 2001.
ARTICLE I.
PURPOSE OF COVENANTS
This Declaration of Protective Covenants ("Declaration") shall govern and be
applicable to that certainrealproperty situatedin Garfield County, Colorado, known as the
T.O. Ranch Subdivision ("Subdivision") consisting of three (3) lots ("Lots") as defined and
described in the Final Plat ('Final Plat") therefor recorded as Reception No.
in the Office of the Clerk and Recorder of Garfield County, Colorado.
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 withrespectto 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
A. Membership. All persons or other entities (including without limitation the
Declarant) who own or acquire 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 automatically be considered to
have, for each such Lot owned, one membership interest in the T.O. Ranch Homeowners
Association ("Association"), a Colorado non-profit corporation, in accordance with the
futicles of Incorporation of the Association, which have been filed with the Colorado
Secretary of State, as the same maybe 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.
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B. 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 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
including any such roads dedicated to the County of Garfield, Colorado in good, safe and
usable condition to the extent that such maybe reasonably necessary, feasible and desirable.
The Association shall also maintain, repair, regulate and keep the individual sewage
treatment systems ("ISTS's") installed and located within the Lots in good operating order
in accordance with the terms and provisions of this Declaration. The Association may enter
into agreements with third parties for the performance of the responsibilities of the
Association above described. 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.
PERMITTED USES
A. Primary Dwelling Units. Only one (1) single-family dwelling unit shall be
permitted to be constructed on each Lot. The minimum size of a single-family dwelling
shall be two thousand five hundred (2,500) square feet, exclusive of basements, open
porches, decks, carports and garages. The maximum size of any single-family dwelling
shall be nine thousand (9,000) square feet, exclusive of basements, open porches, decks,
carports and garages.
B. AccessoryDwellingUnits. Accessorydwellingunits("ADU's")arepermitted
on all Lots within the Subdivision. Each ADU shall be detached from the primary dwelling
unit and shall have a gross floor area which shall not exceed fifteen hundred (1,500) rqrr*e
feet, exclusive of porches, decks, carports and garages.
C. Outbuildings. Outbuildings including but not limited to, greenhouses, tool
sheds, work areas, detached garages and the like, are permitted on all Lots within the
Subdivision. The gross floor area of any single Outbuilding shall not exceed one thousand
two hundred (1,200) square feet, and the total gross floor arear of all Outbuildings on any
single Lot shall not exceed one thousand eight hundred (1,800) square feet. In the event
anADUisincorporatedwithin an Outbuilding, the gross floor arealimitations above stated
shallbe increased by the gross floor area allowed for the ADU. No such Outbuilding shall
exceed fifteen (15) feet in height at the ridge line.
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D. Agricultural Uses. The raising and harvesting of crops, gardening,
greenhouse, nursery and orchard uses and activities shall be permitted within the
Subdivision; provided however, that any and all such agricultural uses and activities shall
remain subject to all other applicable provisions and restrictions of this Declaration,
including but not limited to those contained within Article VI, Sections F and G governing
the stabling, boarding and keeping of animals and futicle VI Section H governing
commercial uses.
E. Other Uses. The following identified Other Uses shall be permitted within
the Subdivision only upon the approval of the same by the Board of County
Commissioners for Garfield County, Colorado pursuant to Section 9.02 of the Garfield
County Zoning Regulations :
futs and crafts studio
Home occupation
ARTICLE IV.
ARCHITECTURAL COMMITTEE
A. Architectural Committee. The fuchitectural Committee shall be composed
of three (3) natural persons. Prior to Declaranfs sale of two (2) Lots, Declarant may from
time to time appoint and remove the members of the Architectural Committee in
Declaranfls 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 second (2"d) 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 fuchitectural Committee. The members of the fuchitectural Committee may also be
directors of the Association and need not be Owners. The Architectural Committee shall
have and exercise all the powers, duties and responsibilities set out in this instrument. The
Architectural Committee shall notbe obtgated 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.
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1.
2.
B. 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 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 or alteration are approved by the Architectural Committee prior to
the commencement of such work, except as Declarant may be specifically permitted to do
bythis Declaration orrequired to dobyanysubdivisionimprovements agreementbetween
the Declarant and Garfield County. Revegetation of all infills and cuts will be required.
At least three (3) complete sets of the architectural and site development plans
and specifications (collectively "Plans") shall be submitted to the Architectural Committee.
All copies of the Plans shall be signed and dated for identification by the Owner or his
architect. The fuchitectural 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 fuchitectural 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 thirty
(30) 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 fuchitectural Committee then in office shall be required for any
approvals described herein.
C. Improvements - Site Location. All structures or improvements shall be
constructed within the approved building envelopes depicted on the Final Plat.
D. Building Permit. An Owner may apply for a building permit from the
Garfield County Building Department at any time; provided, however, that the Plans
approvedbythe BuildingDepartment shallnotdifferin any substantialwayfrom the Plans
approved by the fuchitectural 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.
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E. 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 fuchitectural Committee then in office, allow reasonable variances as to
any of the covenants and restrictions goveming 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
anyprovision of thisDeclarationwhichwas requiredby an approval obtainedbyDeclarant
from Garfield County for the Subdivision or which violates the Garfield County Land Use
and Building Codes. No variance shallbe 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 ffid,
first-class postage prepaid, certified with return receipt requested, and addressed to the last
known address for each Owner as provided to the Association.
F. General Requirements. The Architectural Committee shall exercise its best
judgment to see that all improvements and alterations 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, established
drainage and other design features.
L. Mateials. 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 finished grade and floor elevation with the natural contained
within the Subdivision.
2. SiteLocation.Thef*chitecturalCommitteeshallexerciseitsjudgment
to preserve the nafural 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 view
sheds of and relationships to other existing or potential structures and
improvements in the Subdivision.
G. Preliminary Approvals. Owners who anticipate constructing or modifying
strucfures or improvements 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
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aPProval or disaPProval. The fuchitectural 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 fuchitectural Committee may set fees for this
service.
H. 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.
I. Architectural Committee Not Liable. Neither the fuchitectural 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, 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.
J. 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 of the finally approved Plans, and of all actions of approval or
disapprovaland all otherformal actions takenbyitundertheprovisions of thisDeclaration.
K. 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.
ISTS DESIGN AND PERFORMANCE STANDARDS
Each ISTS installed within the Subdivision shall comply with the following
requirements:
A. each system shall be designed by a professional engineer registered in the
State of Colorado pursuant to Colo. Rev. Stat. SL2-25-111, (1999);
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B' each system design shall adequately address the soil percolation conditionspresent at the Lot site, which percolation rates shall ue verified through appropriate on-sitetesting;
C' each system shall be designed to adequately service at least (4) bedrooms;
D' each system design, through the incorporation of recirculating trickling filter,sequencing batch reactors and/or other accepted tn-site wastewater treatment systemtechnologies, shall-be capable of producing eifluent quality which meets or exceeds therequirements of the United States Environmental Protection Agency for secondarywastewater treatment (30mg/L BoD and 30 mgfi.suspended solidsi
E' the tops of all tanks or risers extending therefrom shall be surface accessibleto facilitate system testing and maintenance; and
F' all absorption fields shall be sized to adequately service (4) bedrooms. Trenchsegments with at least(6) feet of separation shall be uied whenever practically feasible. Aminimum of (3) similarly sized trench segments should be installea wittr atternatingvaluesor a distribution box that allows isolation of each segment. Monitoring pipes shall beinstalled at the far end of each trench segment to allow inspection of field condition. If abed must be utilized, single dosed ror,uJ shall be acceptabie. If mounding is required toestablish (4) feet of suitable soil, a single pressure dosed zone shall be acceptable. If a bedor mound is used, a minimum of (2) monitoring pipes shall be installed at the far end of theDecl or mound.
- Following ISTS installation, each Owner shall provide the Association with as-builtdrawings depicting, in relation to the other improvements on the Lot, the location anddimensions of the ISTS facilities including the absorption field and monitoring pipes, allapplicable design, operation and maint"r,irr." specifications of the system,s manufacturerand written certification from the designing engineer that the ISTS was installed inconformance with the requirements above stated J.,a ,u applicable design specificationsof the manufacturer.
In the event the Association fails to properlyimplement and enforce the design andperformance standards forth in this p*ugrrpt, t-he Board of County Commissioners forGarfield County, Colorado and its auly uuttronzedrepresentatives and agents, shall haveall the right to enter upon the Property and implement and enforce such standards at theexpense of the Association or exercise any othur right or power afforded under this
Declaration of Protective Covenants
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Declaration includinS, but not limited to, the initiation of appropriate proceedings in the
District Court for Garfield County, Colorado, to compel "r,ior.".n"nt of the same.
The provisions of this paragraph shallnotbe amended orrepealedby the Declarant,
Association or Lot Owners without the written consent of the Board of County
Commissioners for Garfield County, Colorado.
ARTICLE VI.
RESTRICTIONS AND PROTECTIVE COVENANTS
A. No Further Subdivision. No Lot shall everbe 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.
B. DuplexesAVlulti-Family Structures. Duplexes and multi-family structures are
prohibited in the Subdivision.
C. Fencing. Fencing shall be restricted throughout the Subdivision to facilitate
wildlife movements, optimize habitat availability, and reduce wildlife mortality. If
peripheral fencing of the Subdivision is required to restrict domestic livestock grazing on
adjacent properties, fencing shall employ a three strand barbed wire fence, with strands at
eighteen (18), thirty (30) and forty-two (42) inches above the main ground level.
1,- If wood rail fencing is used it shall not exceed forty-two (42) inches in
height and twelve (1,2) inches in width (top view), and an openingin the lower one-
halt (%) of at least sixteen (16) inches to allow passage of deer fawns and elk calves.
Other fence materials such as wood slats, electric wires, or other synthetic materials
may be used but shall not exceed forty-two (42) inches in height.
2- Owners shall be permitted a privacy fence, exceeding fofty-two (42)
inches in height with no openings, to enclose up to two thousand five hundred
(2,500) square feet, providing it is immediately adjacent to the residential unit and
is contained entirely within the respective Lot's building envelope.
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3. If security fencing is required such fencing shall not be more than
seven (7) feet in height and must be so constructed that wildlife movement between
and through the Subdivision and the Lots is not lost or impaired.
D. Lighting. All exterior lighting shall be directed downward and towards the
applicant's property. The Architectural Committee will also recommend that all Owners
make every effort possible to limit the use of exterior lighting at night and 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.
E. 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.
Owners shall be entitled to keep dogs on their property pursuant to the
following restrictions and limitations and subject to any additional rules and regulations
which may be promulgated by the Association:
1,. no more than one dog, excluding puppies under the age of fifteen (15)
weeks, shall be kept by any Owner at any time upon any one (1) Lot.
2. dogs shall be kept under the control of their Owners at all times and
shall not be permitted to run free or to cause a nuisance in the Property. No dogs
shall be allowed beyond the boundaries of the Lot owned by the person(s) where
the dog is housed unless leashed and accompanied by a person in full control of
such dog.
3. dogs shall notbe allowed tobarkcontinuously,which shallbe defined
as barking for a continuous fifteen (15) minute period, including successive barks or
a series of barks which repeat or resume following a brief or temporary cessation.
4. when not accompanied by a person, all dogs shall be leashed, chained,
"electric fenced," or kenneled. The location of kennels shall be subject to review of
the Architectural Committee.
5. all dogs shall be kept reasonably clean, and all Lots shall be free of
refuse and animal waste.
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6. should any dog chase or molest deer, elk or any domestic animals or
Persons/ or destroy or disturb property of another, the Association shall be
authorized to prohibit the Owner or any tenant, invitee, event, guest or other user
of a Lot from continuing to maintain the offending animal on his property and may
take any action necessary to remove the offending animal from the Subdivision.
The offending dog owner shallbe provided written notice of such action atleasttwo
(2) days before removal occurs. Within such two (2) day period, the offending dog
shall be kenneled at a licensed kennel. All charges associated with action taken by
the Association maybe assessed against either the Owner and,/or the dog owner, or
both, at the Association's sole option.
7. notwithstanding the foregoing, no animal may be kept upon a Lot
which, in the sole discretion and judgment of the Executive Board results in any
annoyance or is obnoxious to other Owners within the Subdivision.
F. Horses. The open pasturing of horses shall be permitted within the
Subdivision; however, no more than (2) horses may be kept on any (1) Lot
G. Ranch and Farm Animals. Ranch or farm animals including but not limited
to, cattle, llamas, goats, pigs, and sheep. shall be permitted within the Subdivision for the
PurPose of allowing the participation by Lot Owners and the members of their families in
4-H, Future Farmers of America or such other similar programs only. All such ranch or farm
animals shallbe at alltimes properlypenned orcorralledwithin therespective Lot Owne/s
Lot and shall not in any event be allowed to remain within the Subdivision for a time
period greater than one (1) year.
H. Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable
television and other utility pipes or lines within the limits of 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 .urrit g-th"
installation of the utilities no later than the next growing season following installation.
I. Service Yards and Trash. Equipment, service yards or storage piles on any
Lots shall be permitted during the time periods during which construction activities are
ongoing. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored
or allowed to accumulate outside on any Lot unless the same are appropriately screened
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from the views of other Lot Owners. All scraps, refuse and trash shall be removed from allLots, shall not be allowed to accumulate and shall not be burned thereon.
J. No Mining Drilling or Quarrying. Mining, quarryrng, tunneling, excavating
or drilling for any other substances within the earth, including oI, gur, minirals, gru,o"[
sand, rock and earth, shall not be permitted within the limits o] th" Subdivision.
K. Domestic Water Wells. Domestic water service for the subdivision shall be
provided by three individual water wells properly permitted under Well Permit N os.54929-
F,54930-F, and 54931-F. At all times the Owners und the Association shall comply with all
conditions of said Well Permits. No-later than thirty (30) days from the date oi recording
this Declaration, the Declarant shall assign the afoiesaid Well permits and Basalt Watei
Conservancy District Allotment Contract No. _ ("Allotment Contract,) which
provides augmentation water for such wells to th" Ar*ciation. From and after the date of
such assignment, the Association shall be responsible for all charges due the Basalt Water
Conservancy District under the Allotment Contract as provided iherein. The Association
is hereby granted-_the authority and obligation to aciept such assignment of the Well
Permits and the Allotment Contract.
Notwithstanding such assignment, the Owner of the Lot(s) receiving servicefrom a particular well shall be responsible for all costs associated with dri1ling, op"erating,
maintaining,repairinS, and replacingeachwellwhichprovides service to that 6wne/s Lo"t,including reimbursement to the Association of fees paid by the Association to the BasaltWater Conservancy District. In the event that any Owner shall fail to reimburse the
Association such fees, or shall otherwise fail to properly maintain and repair any well, the
Association shall have the authority to pay such fee or io maintain or."pri, such defective
well and assess the cost thereof against such Owner as a special urr"rr*"rt in accordancewith the provisions of Article VIII of this Declaration.
L. Wastewater Treatment. Wastewater treatment shall be supplied to each Lotby individual sewage treatment system ('ISTS") installed by each Owner in accordance
with the ISTS Design and Performance Standards setforthwiifrinRructe V, andmaintained
bytheAssociationin accordance with the provisions of the ISTS Maintenance plan setforth
in futicle vIIL The Association shall be responsible for setting all rates, fees or charges for
inspecting, maintaining and repairing each individuat ryrt"* and such rates, f-ees or
charges assessed by the Association against each Lot for such inspection, maintenance andrepair shall be a personal obligation of the Owner thereof whichihe Association shall have
the power and duty to enforce.
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M. Primary Access. Primary access to the Subdivision from Garfield County
Road 100 is along a private road, known as the T.O. Ranch Lane. The costs of maintaining
the T.O. Ranch Lane shall be borne exclusively by the Association in accordance with the
provisions of this Declaration.
N. Hunting. Hunting shall be prohibited within the Subdivision. In the event
of conflict with wildlife on a Lot, the Owner shall contact the Colorado Division of Wildlife
to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a
nuisance mayonlybe removed or destroyed uponthe approvalof the Association and only
in a manner approved by the Colorado Division of Wildlife.
O. Trash Containers. No trash or garbage shallbe accumulated or stored outside
of a dwelling structure unless such trash or garbage is contained within a container certified
as bear-proof by the North American Bear Society, the National Park Service or the
Colorado Division of Wildlife; provided however, that a Lot Owners may use trash or
garbage containers which do not meet the certifications above described so long as:
1. said container(s) is placed outside no earlier than the morning of the
scheduled day of for trash collection by the Owner's waste service provider; and
2. said container(s) is returned to the dwelling structure on the same day
of collection by the Owner's waste service provider.
P. Damage Waiver. The Association and the Lot Owners hereby waive and shall
hold the Colorado Division of Wildlife harmless from any and all claims for damages to
landscaping improvements or ornamental plants located within the subdivision resulting
from the activities of big game (deer and/or elk).
a. Removal of Carcasses. The Association and Owners shallbe responsible for
the removal and proper disposal of all animal carcasses located within the Subdivision.
R. Wildlife Brochure. The Association shall maintain at all times as part of the
regularly kept records of the Association, the Wildlife brochure, entitled "
attached hereto as Exhibit A
" and
S. PenaltiesArVildlife Restrictions. The Association shall assess and enforce
penalties against Lot Owners violating any of the wildlife restrictions set forth in this
futicle V., as follows: One Hundred Dollars ($100.00) for the first violation committed by
the Lot Owner; Two Hundred Dollars ($200.00) for the second violation: Three Hundred
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Dollars ($300.00) for the third violation: and for each succeeding violation the fine shall
increase in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may
be changed upon the approval of the Association.
ARTICTE VII.
RESTRICTIONS ON LOTS
A. 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 fuchitectural Committee.
B. Sprinkler Systems. All residential structures within the Subdivision
possessing total gross floor areas equal to or in excess of Thirty-six Hundred square feet
(3600') shall be required to be equipped with fire suppression sprinkler systems installed in
accordance with Section 13 D of the National Fire Protection Association Code, the
applicable provisions of which are attached hereto as Exhibit B
C. Completion of Construction. Any construction activity on any Lot shall be
completed and fully cleaned up within eighteen (18) months from the issuance of a
building permit, unless the Owner of the Lot shall first obtain a variance from the
fuchitectural Committee to allow for a longer period of construction upon proof of due
diligence. In the event a variance is not secured and eighteen (18) months from issuance
of a building permit has passed, the Board of Directors may assess penalties in the amount
of $100.00 per day. Owners shall obtain all required certification of acceptance for
residential dwellingwithin eighteen (18) months of the issuance of buildingpermits unless
a variance extending such time period is issued by the Control Committee.
D. Used or Temporary Structures. Except within an enclosed garage, no used
or previously erected or temporary house, structure, mobile home, manufacfured home,
or trailer shall be located within the Subdivision The foregoing prohibition shall not apply
to construction trailers which shallbe 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.
E. 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
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the common roads and neighboring homes to the greatest extent possible. Any motor
home, trailer, camPer, recreational vehicle , boat, truck, tractor, motorcycle, ali 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 fuelitorage tanks
shallbe appropriatelyscrewed on,in accordancewith all applicable governmentalrules and
regulations. Any storage piles, refuse or trash containers, "titity *"t.r, 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.
F. 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 shil
anything be done or permitted which may be or become a nuisance to oiher 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.
G. Air Quality Restrictions. In order to protect against the degradation which
occurs to air quality as a result of the utilization of wood-burning devicei, the following
restrictions apply:
1,- No open hearth solid fuel fireplaces willbe allowed anywhere within
the Subdivision.
2. All dwelling units within the Subdivision will be allowed an
unrestricted number of natural gas burning fireplaces or appliances.
3- All dwelling units within the Subdivision willbe allowed one (1) new
wood-burning stove as defined by Colorado Revised Statutes 2S-Z-401, et seq., and
the regulations promulgated thereunder.
H. Firearms. The discharge or shooting of firearms is prohibited in the
Subdivision except as may be permitt"a Uy rules andiegulations adopted by the Board of
Directors.
I. Commercial Activities. Neither the conduct of any commercial activities northe storage of materials, goods, equipment and other items used or associated with
commercial activities shall be permitted on any Lof provided, however, that personal
vehicles with abusiness name placed thereon shall notbe prohibited and Owners shallbe
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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.
l. 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 VIII.
ISTS MANAGEMENT PLAN
A. In order to ensure that each ISTS installed within the Subdivision is inspected
on a regular basis and properly maintained, the responsibility and authority for such
inspection and maintenance shall be vested exclusively within the Association. This
management plan is not intended to provide for common ownership of the ISTS's or to
provide common funding for the construction, repair or replacement thereof, such
ownership and responsibility for construction, repair and maintenance to remain with the
Owner.
1. In accordance with the above, the Association shall:
a. retain at all times, the services of qualified personnel to inspect
the ISTS's and to perform all maintenance and repairs necessary to ensure
that same are installed properly, remain in good operating condition and
comply with the performance requirements set forth within Article V.
b. inspectthe operatingcomponents of each ISTS within (30) days
of being placed into operation; thereafter, each ISTS shall be inspected at
least quarterly;
c. test the BOD and TSS content of the effluent being discharged
by each ISTS at least biannually; and
d. maintain at all times written or other permanent records
documenting the date each ISTS was inspected or tested, the results of such
inspections or tests and the extent of all maintenance and,/or repairs
performed. All documents maintained by the Association pursuant to this
provision shall at all times be available for inspection by Lot Owners and/or
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authorized representatives Garfield County Department of Building and
Planning.
2. The following provisions shall apply in the event the estimated
maintenance or repair costs required of any ISTS exceed in total during any one
calender y eil, $1000.00:
3. the Association shall give the Lot Owner written notice of the nature
and extent of the work necessary, to return the ISTS to good operating condition
and/orbringthe ISTS System within theperformancerequirements setforthwithin
futicle V; and
a. within (30) days of receipt of such notice, Owner shall at his or
her own expense cause to be completed, the repairs set forth within the
notice. In the event Owner fails to complete such repairs within this time
period to the satisfaction of the Association, the Association shall have the
authority, in addition to any other remedy provided within this Declaration,
to take any of the following actions:
to impose against Owner, a fine not to exceed $200.00 for each
day in which the ISTS System remains unrepaired;
to complete on behalf of the Owner the required repairs to the
ISTS. All costs incurred by the Association in connection with
the restoration shall be reimbursed to the Association by the
Owner of the Lo! upon demand. All unreimbursed costs shall
be a lien upon the Lot until reimbursement is made which may
be enforced in accordance with the provisions of this
Declaration; and/or
4. In the event the Association fails to properly implement and enforce
the provisions of this management plan set forth in this futicle, the Board of County
Commissioners for Garfield County, Colorado and its duly authorized
representatives and agents, shall have all the right to enter the Subdivision and
implement and enforce such provisions at the expense of the Association or exercise
any other right or power afforded under this Declaration including, but not limited
to, the initiation of appropriate proceedings in the District Court for Garfield
County, Colorado, to compel enforcement of the provisions of this management
plan.
Decl aration of P rote ctive C ovenants
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(1)
(2)
B. The provisions of this Article VIII, shall not be amended or repealed by the
Declarant, Association or Lot Owners without the written consent of the Board of County
Commissioners for Garfield County, Colorado.
ARTICLE IX.
COLLECTION OF ASSESSMENTS_ENFORCEMENT
A. Assessments. AllOwnersshallbeobligatedtopayanyassessmentslawfully
imposed by the Board of Directors. To the extent the Association is responsible therefor,
assessments may be 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, expenses of the fuchitectural 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 pro-rata portion of these
funds. As used herein, an Owner's pro-rata 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 necesstry 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.
B. Lien for Nonpayment of Assessments. All sums assessed by the Board of
Directors, 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:
1,. tax and special assessment liens on the Lots in favor of any
governmental assessing uni! and
2. all sums unpaid on a first mortgage of record, including any unpaid
obligatory sums as may be provided by encumbrance.
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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 538-410-201, et seq., and each Owner hereby agrees that ttre
acceptance of the deed or other instrument of conveyance in regard to any tot snm signify
such grantee's waiver of the homestead right granted in said section of the Coloiadb
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.
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 Directori
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 *u.rrr., u,
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 attornels'
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 a 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.
C' Enforcement Action. The Association, acting by and through its Board of
Directors, 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 pafty in any enforcement action shall be entitled to an award of its reasonable
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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 timebythe Board of Directorsbutnotto exceed one and one-half
percent (1%%) 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.
D. 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.
ARTICLE X.
RESERVED EASEMENTS
A. 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 Erny easements.
B. Easements for Utilities, Access and Repairs. There are hereby reserved unto
Declarant (so long as the Declarant owns a Lot within the Subdivision, the Association, and
the designees of each (which may include, without limitation, Garfield Countp Colorado
and any utility company) easements upon, across, over and under all of the Lots, with the
exception of the building envelope, to the extent reasonably necessary for the purpose of
installing, replacing, repairing, and maintaining cable television systems, master television
antenna systems, security and similar systems, roads, walkways, bicycle pathways, drainage
systems, irrigation systems, street lights, signage, and all utilities, including, but not limited
to, meter boxes, telephone, gas and electricity. The foregoing easements may traverse the
private property of any Owner; provided, however, an easement shall not entitle the
holders to construct or install any of the foregoing systems, facilities, or utilities over, under
or through any existing dwelling on a Lot or building envelope as shown on the Plat, and
anydamage to aLotresultingfrom the exercise of an easement shallbe reasonablyrepaired
by, and at the expense of, the Person exercising the easement. The exercise of an easement
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shall not unreasonably interfere with the use of any Lot and, except in any emergency,
entry onto any Lot shall be made only after reasonable notice to the Owner or occupant.
Declarant specifically reserves the right to convey to the electric company,
naturalgas supplierand cable television orcommunications systems supplierand anyother
utility supplier an easement across any portion of the Subdivision for ingress, egress,
installation, reading, replacing, repairing and maintaining utility meters and boxes.
However, the exercise of this easement shall not extend to permitting entry into the
dwelling on the Lot, nor shall any utilities be installed or relocated on any Lot, except as
approved by the Association or Declarant.
Should any entity furnishing a service covered by the general easement
herein provided request a specific easement by separate recordable document, the
Association or Declarant shall have the right to grant such specific, descriptive easement
over the Subdivision Property without conflicting with the terms hereof. The easements
provided for in this Article shall in no way adversely affect any other recorded easement
on the Property. The Owner of a Lot subject to such easement shall cooperate with
Declarant and the Association and take all actions, including, without limitation, executing
any documents evidencing such descriptive easement as reasonably requested by the
Association or Declarant.
ARTICLE XI.
INSURANCE
A. Types of Insurance. The Association may obtain and keep in full force and
effect the following insurance coverage:
1,. 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.
2. 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.
3. General liability and property insurance.
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4. Coverage against such other risks of a similar or dissimilar nature as
the Board of Directors deems appropriate.
ARTICLE XII.
GENERAL PROVISIONS
A. 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.
B. 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 |anuily 1,2025, by a majority vote 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 majority vote 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.
C. Amendment of Declaration. This Declaration may be amended by a majority
vote 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.
D. 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.
E. 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.
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F. 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.
IN WITNESS WHEREOF, this Declaration of Protective Covenants for T.O. Ranch
Subdivision has been executed as of the day and year first above written.
DECLARANT
TO Ranch Holdings, LLC
Mary Ann Hyde, Manager
STATE OF COLORADO )
COUNTY OF
) ss.
)
day of
The foregoing instrument was acknowledged and sworn to before me this
200'1,, by the M*y Ann Hyde, Manager for TO Ranch Holdings,
LLC, Dedarant.
Witness my hand and official seal.
Notary Public
Address:
My commission expires:
Declaration of Pro tectiv e Covenqnts
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