HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.qarfield-county.com
Subdivision Application Form
GENERAL INFORMATION
(To b completed b the applicant.)
➢ Subdivision Name: ALLEy V I ELrJ VILLAGE)
➢ Type of Subdivision (check one of the following types):
Sketch Plan Preliminary Plan Final Plat
➢ Name of Property Owner (Applicant): �"TE k) LLC,
➢ Address: 1 $(p \ ALLE\/ Telephone: giD- a,3- 5 -6 -S -5 -
>
SSS➢ City: 6"a)1 1U0tvl o,J State: Q -D Zip Code: $ / jb6 FAX: 920-5a3-D/o3
Len-- 412 e 4) L0).d6 C
➢ Name of Owner's Representative, if any Attorne Planner, etc):
LN )t, . mC eoiJA4►+y LOTr{ A�PP. C •
➢ Address: P D . -6 k EaD3 o Telephone:600 - 9 J -S aal? )
➢ City: GLE><)Ltmob SPR)045 State: 0-0 Zip Code: g) c'Da FAX: 92D -"Ns 7331,
➢ Name of Engineer:
C' H{ZAS 14f,LE., ni) oux-SA),J CR055 .E46)NEE,e)�6
➢ Address: $ A62-1)9, GPAOD AVE-. Telephone:el 9D -q s- 534'4-
• City:
3'J- (-
City: GLeWs-ofl 3h2436 5 State: CO Zip Code: 8/ 10 D I FAX:99D-911-5-SSS$
➢ Name of Surveyor: Sr,r\ 5ucRY CD, 1 k)e .
➢ Address: 8A/P''/A. Gepopfl Avc., PD •bflL ,PlSa Telephone: 99D -/L/S--5-6/45--
• City:
q4S--.s6/1sCity: 6L6-1...antb 5PR)11/4-)$S State: LO Zip Code:8 )l D FAX:q2D-IL/C-glo
➢ Name of Planner: fr\At mpo,kk,Ep_. Ge.)3515 be51U135 A>zCrk
➢
Address:)1614 bmPA55 1)kgrE aY7-3 Telephone: q0D-a.5--&b 5
➢ City: (4A,on 1 11 Di3 State: Co Zip Code: S )S0 to FAX: 9'2.0 -a4 7Sbg
GENERAL INFORMATION continued...
➢ Location of Property: Section IS Township 7 SmATA Range 9S Oes-r-
➢ Practical Location / Address of Property: AoGE1- LA C iP.CLE , 6A1 TLE f lEoi
➢ Current Size of Property to be Subdivided (in acres):
➢ Number of Tracts / Lots Created within the Proposed Subdivision:
➢ Property Current Land Use Designation:
1. Property's Current Zone District: b R.
2. Comprehensive Plan Map Designation: STLU ARBA ,
Proposed Utility Service:
➢ Proposed Water Source: EPiTLEME0-r «£5A CoO5ot.iDATED fET* b15TeAtl-
➢ (See "Attachment C" to be completed with the Preliminary Plan Application)
➢ Proposed Method of Sewage Disposal: SAA-) I TFiR4 SEW Ek. 5,1ll 5TEM
➢ Proposed Public Access VIA: \At,t-Ey ELL) 1) AVE)A&zieA e, LLE'
➢ Easements:
Utility:
Ditch:
➢ Total Development Area (fill in the appropriate boxes below):
(1) :Residential.
Single -Family
Units'/ Lots'
Size (Acres)
Parking Provided
Duplex
Multi -Family
Mobile Home
b
Total
(2) Commercial
(3) Industria
Floor Area (sq. ft.)
Size (Acres)
Parking Provided
(4) Public/Quasi-Public
(5) Open Space / Common Area.
Total
➢ Base Fee: Sketch Plan - $325.00; Prelim Pian - $675.00; Final Plat - $200; Plat Review Fee
2
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and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at
the next BOCC meeting to be placed on the consent agenda with a request to
authorize the Chairman of the BOCC to sign the plat.
Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and
Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet
thereafter. This fee shall be paid by the applicant. This act of recording the signed Final
Plat represents the completion of the Garfield County Subdivision Process.
Please refer to the specific language in the Final Plat portion (Section 5:00) of the
Subdivision Regulations for specific timelines and additional responsibilities required of
the applicant to complete the Final Plat process.
Please Note: This information presented above is to be used as a
general guide for an applicant considering a subdivision in Garfield
County. It is highly recommended that an applicant either purchase
the Garfield County Zoning Resolution and Subdivision Regulations
or access them on-line at:
http://www.garfield-county.com/buildinq and planninq/index.htm
in order to ascertain all the necessary requirements for each of the
three steps including Sketch Plan Review, Preliminary Plan Review,
and Final Plat Review.
I have read the statements above and have provided the required attached information
which is orree ur to to the best of my knowledge.
41,1
(Signature o1--applic. f t/owner
Last Revised: 07/25/2005
8
Date
LOYAL E. LEAVENWORTH
SANDER N. KARP
DAVID H. McCONAUGHY
JAMES S. NEU
SUSAN W. LAATSCH
NICOLE D. GARRIMONE
ANNA S. ITENBERG
MICHAEL J. SAWYER
CASSIA R. FURMAN
BETH E. KINNE*
CASSANDRA L. COLEMAN**
*Admitted in Washington
**Admitted in Montana
LEAVENWORTH & KARP, P.C.
ATTORNEYS AT LAW
201 14T" STREET, SUITE 200
P. O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
Telephone: (970) 945-2261
Facsimile: (970) 945-7336
crf@lklawfirm.com
December 7, 2005
Fred A. Jarman, AICP
Assistant Planning Director
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Valley View Village, Building C
Dear Fred:
DENVER OFFICE:*
700 WASHINGTON ST. STE 702
DENVER, COLORADO 80203
Telephone: (303) 825-3995
Facsimile: (303) 825-3997
*(Please direct all correspondence
to our Glenwood Springs Office)
VIA HAND DELIVERY
Enclosed please find three copies of the Condominium Plat for Valley View Village,
Building C along with Garfield County's Subdivision Application Form and a check in the amount
of $200.00 satisfying the County's final plat requirements. I have also attached a copy of the
Warranty Deed dated December 11, 2003 and recorded in the Office of the Garfield County Clerk
and Recorder as Reception No. 643046 conveying Lot 46, Tracts B, C, D and E from Edward J. and
Ida Lee Hoagland to Darter, LLC. The land underlying Building C is subject to this Deed. Mr.
Terry Lawrence, Manager, will sign the plats on behalf of Darter, LLC.
I believe we have gone over all your issues with the condominium covenants, maintenance,
and the like in connection with previous Valley View Village condominium plat applications. This
condominium plat application is subject to the Agreement to Pay and Statement of Authority
documents for Lot 46, Phase A. Please let me know if you require any additional information or
have any questions. We appreciate your consideration of this application and look forward to
finalizing the submittal as soon as possible.
Very truly yours,
LEAVENWORTH & KARP, P.C.
Cassia R. Furman
Enclosure
cc: Terry Lawrence
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11111111111111111111111111111111111111 III 1111111111111
643046 12/16/2003 10:088 B1546 P976 M PLSDORF
1 of 1 R 6.00 D 29.13 GARFIELD COUNTY CO
r
RECORD $6.00
•
WARRANTY DEED
THIS DEED, Made this llth day of December , 2003 , between
EDWARD J. HOAGLUND AND IDA LEE HOAGLUND
of the said County of GARFIELD
DARTER, LLC.
and State of COLORADO , grantor, and
whose legal address is 786 VALLEY COURT
GRAND JUNCTION, CO. 81505
of the said County of MESA and State of COLORADO
, grantee:
DOC FEE $29.13
WITNESSETH, That the grantor for and in consideration of the sum of Ten dollars and other good and
valuable consideration DOLLARS, the receipt and sufficiency of which is hereby
acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the
grantee, his heirs and assigns forever, all the real property together with improvements, if any. situate, lying and being in the said
County of GARFIELD and State of Colorado described as follows:
LOT 46, TRACTS B, C, D AND E
VALLEY VIEW VILLAGE SUBDIVISION IN BATTLEMENT MESA P.U.D.
ACCORDING TO THE PLAT THEREOF RECORDED * AS RECEPTION N0. a.
1A -r4 -d 3 ^ &APO��
COUNTY OF GARFIELD
STATE OF COLORADO
Excepting, and reserving to the Grantors, any and all oil, gas and other mineral
rights, but exclusive of any right of surface entry for exploration or exploitation.
also known by street and number as: TBD, PARACHUTE, CO 81635
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits thereof. and all the estate, right, title, interest, claim and demand what-
soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and
assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with
the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all
former and other graphs, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except
easements, restrictions, reservations and rights of way of record, or situate
and in use, and real property taxes for the year 2003, not yet due or payable.
The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession
of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender shall be applicable 10 all genders.
I TNESS WHEREOF, the gra/or has e uted this deed on the date set forth above.
IIs
f
E+WARD J./� 0• LI . IDA LEE HOAGLUND
State of COLORADO
County of GARFIELD
The fdegoing i
by EOW
ss.
edged before me this 11th
IDA LEE HOAGLUND
day of December , 2003 ,
s my hand and officia
File Na 01001219 Stewart Tttte of Glenwood Springs, Inc.
No. 932A WARRANTY DEED (For Photos...1, a Record) (Y932ANE W)
Rev. 7/99
RETURN TO: DARTER, LLC.
786 VALLEY CT
GRAND JUNCTION, CO 81505
r�p�1�
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SUPPLEMENTAL DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
VALLEY VIEW VILLAGE SUBDIVISION
FOR VALLEY VIEW VILLAGE CONDOMINIUMS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
VALLEY VIEW VILLAGE CONDOMINIUMS is made and entered into this day of
, 2005, by DARTER, LLC ("Declarant").
RECITALS
WHEREAS, Declarant is the owner of Lot 46, Valley View Village, according to plat
recorded in the office of the Clerk and Recorder of Garfield County, Colorado on December 16,
2003 as Reception No. 643048 except Building M ("Lot 46"); and
WHEREAS, Lot 46 will include six -unit, multi -family residential buildings (the
"Condominiums); and
WHEREAS, the Condominiums are a part of the larger Valley View Village Subdivision
(the "Subdivision"); and
WHEREAS, a Master Declaration of Covenants, Conditions and Restrictions for the
Subdivision was recorded in the office of the Clerk and Recorder of Garfield County, Colorado
on December 16, 2003 at Book 1546, Page 979, Reception No. 643048 (the "Master Declaration"),
and a Supplemental Declaration of Covenants, Conditions and Restrictions for Valley View Village
Subdivision for Valley View Village Townhomes was recorded in Book 1630 at Page 263 as
Reception No. 661556 (the "Townhome Declaration");
NOW, THEREFORE, Declarant hereby declares Covenants, Conditions, Restrictions and
Easements to be imposed on and for the benefit of Valley View Village Condominiums and in
furtherance of the purposes stated below, Declarant makes the following declarations:
ARTICLE I
GENERAL PURPOSE OF COVENANTS
1.1 Purpose. This Declaration of Covenants, Conditions and Restrictions (hereinafter
"Covenants") shall govern and be applicable to that certain real property located within Garfield
County, Colorado as more particularly described on Exhibit A, attached hereto and incorporated
herein by this reference, as may be amended from time to time. Additional property within the
Subdivision may be subjected to these covenants by the filing and recording of a supplemental
declaration. It is the intention of the Declarant, expressed by execution of this instrument, that the
lands within the Property be developed and maintained as a highly desirable affordable scenic
residential area. It is the purpose of these Covenants to preserve the present natural beauty and
character of the Property along with the views and setting of the Property to the greatest extent
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reasonably possible, and the units therein shall always be protected as much as possible with
respect to uses, structures, landscaping, and general development as permitted by this instrument.
1.2 Incorporation of Master Declaration. The Master Declaration recorded as set forth
above is hereby incorporated by reference to the extent that its provisions relate to the
Condominiums.
1.3 Defined Terms. Each capitalized term not otherwise defined in these Covenants
shall have the meaning specified or used in the Colorado Common Interest Ownership Act,
Sections 38-33.3-101 et seq., Colorado Revised Statutes, as it may be amended from time to time
(the "Act").
1.4 Association Name. The name of the Association is the "Valley View Village
Condominium Homeowners Association," a Colorado nonprofit corporation (hereinafter
"Condominium Association"). The Condominium Association shall be a sub -association of the
Valley View Village Townhome Association ("Townhome Association") and the Valley View
Village Homeowners Association ("Master Association").
1.6 Property Location. The Property constituting the Common Interest Community is
located within the County of Garfield, State of Colorado.
1.7 Property Description. The Property shall consist of multi -family, six-plex units
(hereinafter "Unit" or "Units") which are more particularly described on the Condominium Plat
as defined below. Declarant shall have the right to add additional real property within the
Subdivision to the "Property" by the filing of future condominium plats with the Garfield County
Clerk and Recorder.
ARTICLE II
DEFINITIONS
2.1 "Common Elements" shall be all portions of the Subdivision designated by this
Declaration for the common use and enjoyment of Subdivision residents. The Common Elements
shall be owned and maintained by the Master Association, and Condominium Owners shall be
assessed periodically for maintenance costs of such Common Elements and shall remit such fees
to the Master Association.
2.2 "Condominium Association" shall mean and refer to VALLEY VIEW VILLAGE
CONDOMINIUM HOMEOWNERS ASSOCIATION, its successors and assigns, and shall
function as a sub -association within the scope of the Valley View Village Master Association and
Townhome Association. The Condominium Association shall be responsible only for the limited
common areas, the limited common elements related to the Condominium Units and such other
property or elements as such terms may be defined and elements declared in this Declaration.
2.3 "Condominium Limited Common Elements" shall mean the portions of the Property,
in addition to the portions described in Sections 38-33.3-202(1)(b) and (d) of the Act, designated
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on the Condominium Plat for the exclusive use of one or more but fewer than all of the
Condominium Units.
2.4 "Condominium Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any multi -family, six-plex dwelling unit which is
part of the Property, including contract sellers but excluding those having such interest merely as
security for the performance of an obligation.
2.5 "Condominium Plat" shall mean the final plat for any Valley View Village
Condominium Building recorded in the Office of the Clerk and Recorder, Garfield County,
Colorado.
2.6 "Condominium Unit" shall mean any individual dwelling within a multi -family,
six-plex dwelling to be constructed on the Property as shown on the Condominium Plat. Declarant
shall have further right to submit other Condominium Units located outside the Property but within
the Subdivision to this Supplemental Declaration by filing a further supplement hereto and/or by
virtue of a plat note subjecting such units to this Declaration.
2.7 "General Common Elements" shall mean all areas of Lot 46 not within a Unit as
depicted on a Condominium Plat. The General Common Elements shall be owned by Unit Owners
in pro rata shares. The Townhome Association, subject to the rights and obligations of the Unit
Owners set forth in this Declaration and the Townhome Declaration, shall be responsible for the
management and control of the General Common Elements. Each Unit Owner shall have a
perpetual right and easement of access to and from a Unit from public ways for both pedestrian
and vehicular travel, which right and easement shall be appurtenant to and pass with the transfer
of title to such Unit; provided, however that such right and easement shall be subject to (a) the
covenants, conditions and easements contained in this Declaration, the Master Declaration, and
the Townhome Declaration; and (b) the right of the Townhome Association to adopt, from time
to time, rules and regulations for vehicular traffic and other passage across the General Common
Elements to facilitate the optimum and most convenient use of the Units and General Common
Elements by Unit Owners.
2.8 "Limited Common Elements" shall mean a portion of the Common Elements of the
Property designated in this Declaration, or on a plat, or on the contract documents for the sale and
purchase of any such property, or by the Colorado Common Interest Ownership Act, Sections 38-
33.3-101 et seq., Colorado Revised Statutes, as it may be amended from time to time (the "Act"),
for the exclusive use or one more but fewer than all of the Townhome Units.
2.9 "Property" shall mean that section of Lot 46 designated for condominium
construction as shown on the Condominium Plat.
2.10 "Subdivision" shall be all land as shown on the Valley View Village final plat
recorded as Reception No. 643048.
2.11 "Unit" shall mean any individual dwelling within a multi -family dwelling to be
constructed within Lot 46, including but not limited to the Condominium Units. Declarant shall
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further have the right to submit other Units located outside Lot 46 but within the Subdivision to
this Supplemental Declaration by filing a further supplement hereto.
2.12 "Unit Owner" shall be the record owner, whether one or more persons or entities,
of a fee simple title to any Unit, including contract sellers but excluding those having such interest
merely as security for the performance of an obligation.
ARTICLE III
OWNERS - HOMEOWNERS ASSOCIATION
3.1 Formation and Membership. The Condominium Association shall be a nonprofit
Colorado corporation charged with the duties and vested with the powers prescribed by law and
as set forth in its Articles of Incorporation, Bylaws and this Declaration of Covenants, Conditions
and Restrictions Neither the Articles nor Bylaws of the Condominium Association shall, for any
reason, be amended or otherwise changed or interpreted so as to be inconsistent with these
Covenants. This Condominium Association shall be a membership association without certificates
or shares of stock. All Condominium Owners, including Declarant, who own or acquire the title
in fee to any of the Condominium Units in the Subdivision by whatever means acquired shall
automatically become members of the Condominium Association. Membership in the
Condominium Association shall automatically terminate when a Condominium Owner of one of
the Condominium Units ceases to be a Condominium Owner of such Condominium Unit.
Each Condominium Unit shall be entitled to one (1) vote.
3.2 Executive Board and Officers. The affairs of the Condominium Association shall
be governed by an Executive Board consisting of at least three (3) and no more than seven (7)
members elected by the Condominium Owners. The initial Board shall be comprised of three (3)
members. The Executive Board may elect or appoint officers in accordance with its Articles and
Bylaws as the same may be amended from time to time. The Executive Board may also appoint
various committees and hire employees as may be required. The Board shall determine the
compensation to be paid to any employee of the Condominium Association.
3.3 Purpose. The Condominium Association, through its Executive Board, shall be
authorized and empowered to take each and every step necessary or convenient for the
implementation and enforcement of the Covenants contained in this Declaration. The
Condominium Association shall have the right and responsibility to maintain, preserve, repair,
insure, and otherwise protect and promote the interests of the Condominium Owners with respect
to all common properties and interests of the Condominium Owners and the Condominium
Association. The Condominium Association shall be governed by its Articles of Incorporation and
Bylaws as may be amended from time to time.
3.4 Maintenance of General Common Elements. The Townhome Association shall be
responsible for maintenance of all General Common Elements. The Condominium Association
shall collect and remit to the Townhome Association a pro rata share of the costs of maintaining
such General Common Elements based on the total number of Condominium Units.
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3.5 Maintenance of Condominium Limited Common Elements. The Condominium
Owners shall own, operate, and maintain all Condominium Limited Common Elements within the
Property as shown on the Condominium Plat in pro rata shares based on the number of
Condominium Units in order to keep them in good, clean, attractive and sanitary condition and
repair, except as follows:
(a) Except as provided otherwise in this Declaration, in the Master Declaration
or by written agreement with the Association, all maintenance of individual
Condominium Units, including, without limitation, all interior surfaces,
structural and nonstructural members, utility systems, utility lines from the
point of departure from a shared usage, glazing, doors, and other fixtures
designed to serve a single Condominium Unit, shall be the sole
responsibility of the respective Condominium Owners. Each Condominium
Unit shall be maintained in a good, clean, attractive and sanitary condition
and repair consistent with the requirements of a first class residential
development.
(b) The Owner of a Condominium Unit to which any Condominium Limited
Common Element is allocated shall be solely responsible for removal of
snow, leaves and debris from same. Fencing of such allocated
Condominium Limited Common Element shall be permitted, provided,
however, that the maintenance of any such fenced area shall be the sole
responsibility of the Owner of such Condominium Unit. Any other
Common Expense associated with the maintenance, repair or replacement
of a Condominium Limited Common Element shall be assessed equally
against the Condominium Units to which the Condominium Limited
Common Element is assigned.
3.6 Declarant Control. The provisions of Section 3.5 of the Master Declaration are
incorporated herein in their entirety.
3.7 Limited Liability and Indemnification. To the fullest extent permitted by law,
neither the Condominium Association nor its past, present or future officers, directors, nor any
employee, agent or committee member of the Condominium Association, nor the Declarant shall
be liable to any Condominium Owner or to any other person for any damage, act, omission to act,
simple negligence or other matter of any kind or nature, except gross negligence. Without limiting
the foregoing, the Condominium Association, the Board and the Declarant shall not be liable to
any party for any action or for any failure to act, in good faith and without malice. Acts taken
upon the advice of legal counsel, certified public accountants, registered or licensed engineers,
architects or surveyors shall conclusively be deemed to be in good faith and without malice. To
the extent insurance carried by the Condominium Association for such purposes shall not be
adequate, the Condominium Owners severally agree to indemnify the Condominium Association,
the Board and the Declarant against all loss resulting from such action or failure to act, including
expenses and liabilities, attorneys' fees, reasonably incurred by or imposed upon them in any
proceeding to which they may be a party, or in which they may become involved. The foregoing
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limitations ofliability shall extend to the officers, agents, legal representatives and owners ofDeclarant.
3.8 Notice to Condominium Owners. Notice to a Condominium Owner of matters
affecting the Condominiums by the Condominium Association or by another Condominium
Owner shall be sufficiently given if such notice is in writing and is delivered personally, by
courier, or private service delivery or on the third business day after deposit in the mails for
registered or certified mail, return receipt requested, at the address of record for real property tax
assessment notices with respect to that Condominium Owner's Unit.
3.9 Transfer Fee. The Condominium Association may adopt and impose a reasonable
fee on new Condominium Owners upon transfer of a Condominium Unit at a rate approved by the
Executive Board and subject to periodic review.
ARTICLE IV
EASEMENTS AND LICENSES
4.1 Incorporation By Reference. The provisions of Sections 4.1 through and including
4.3 of Article IV of the Master Declaration are incorporated herein by reference in their entirety.
ARTICLE V
USE RESTRICTIONS
5.1 Incorporation by Reference. The provisions of Sections 5.1, 5.2, 5.3, 5.5 through and
including 5.10, and 5.13 through and including 5.29 of Article V of the Master Declaration are
incorporated herein by reference in their entirety.
5.2 No Partition of Condominium Limited Common Elements. No Condominium Owner
shall bring any action for partition or division of the Condominium Limited Common Elements. By
acceptance of a deed or other instrument of conveyance or assignment, each Condominium Owner
shall be deemed to have specifically waived such Condominium Owner's rights to commence or
maintain a partition action or any other action designed to cause a division of the Common Elements,
General Common Elements, or Condominium Limited Common Elements. This Section may be
pleaded as a bar to any such action. Any Condominium Owner who commences or maintains any
such action shall be liable for and agrees to reimburse the Condominium Association for its costs,
expenses and reasonable attorneys' fees in defending any such action.
5.3 Vehicles. There are two (2) designated parking spaces assigned to each
Condominium Unit. Each vehicle parked in a designated parking space shall be registered with the
Condominium Association by type, year, color, license number and such other identification as is
appropriate. No guest of a Condominium Owner shall use a parking space designated for visitors
for more than three (3) days without the consent of the Executive Board, which may impose a fee
for such use. No trucks, recreational vehicles, motor homes, motor coaches, snowmobiles, campers,
trailers, boats or boat trailers or similar vehicles (other than passenger automobiles or pickup or
utility trucks with a capacity of one ton or less) or any other vehicles shall be parked, stored or kept
on any portion of the Property. This restriction shall not prohibit occasional parking of commercial,
service and construction vehicles, in the ordinary course of business, from making deliveries or
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otherwise providing service to the Property. No work on vehicles, including repairs, shall be
performed on any portion ofthe Property, except in emergencies. Abandoned or inoperable vehicles
shall not be stored or parked on any portion of the Property. An abandoned or inoperable vehicle
is any vehicle which has not been driven under its own propulsion for three (3) weeks or longer and
which appears incapable of operation. A written notice describing the abandoned or inoperable
vehicle and requesting its removal shall be personally served upon the Owner or posted on the
vehicle. If such vehicle has not been removed within seventy-two (72) hours after notice is given,
the Condominium Association may remove the vehicle without liability and the expense of removal
shall be charged against the Condominium Owner.
The Condominium Association shall have the right to assess and enforce
penalties against Condominium Owners violating these restrictions applying to vehicles as
follows: One Hundred Dollars ($100.00) for the first violation and One Hundred Dollars
($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine
increases in Fifty Dollar ($50.00) increments for each succeeding violation.
ARTICLE VI
ARCHITECTURAL COMMITTEE
6.1 Incorporation by Reference. The provisions of Sections 6.1 through and including
6.12 of Article VI of the Master Declaration are incorporated herein by reference in their entirety.
ARTICLE VII
COLLECTION OF ASSESSMENTS - ENFORCEMENT
7.1 Assessments. All Condominium Owners, by acceptance of a deed to a
Condominium Unit, including without limitation public trustee, sheriff's or similar deed, are
deemed to covenant and agree and shall be obligated to pay any and all assessments lawfully
imposed by the Executive Board of the Condominium Association and the Executive Board ofthe
Townhome Association. To the extent the Townhome Association and/or Condominium
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 for maintaining,
improving, and preserving common property; expenses of the Architectural Committee; and
insurance, accounting, and legal functions of the Townhome Association and/or Condominium
Association. Such assessments shall be deemed general assessments and shall be borne pro rata
by all Condominium Owners. The Condominium Association Executive Board may establish
contingency and reserve funds for the maintenance and improvement of common property and any
other anticipated costs and expenses of the either association to be incurred in pursuit of its
purpose. Contingency and reserve funds shall be in such an amount as the Townhome Association
Executive Board and/or Condominium Association Executive Board may deem necessary and
appropriate for the aforesaid purposes. Each Condominium Owner shall be required to pay his pro
rata portion of these funds based on the total number of Condominium Units.
The Condominium Association Executive Board shall have the right during any
calendar year to levy and assess against all of the Condominium Owners a special assessment for
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such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the
Townhome Association or Condominium Association, as may be necessary. Such special
assessment shall be paid for in equal portions by the Condominium Owners obligated to pay such
assessment and shall be due and payable as determined by the Executive Board.
All Condominium Owners specifically acknowledge and agree that an assessment
will be levied against them and their Condominium Unit by both the Master Association and the
Battlement Mesa Service Association for the maintenance of the Common Elements that serve the
Subdivision and the entire Battlement Mesa PUD, including certain common elements of the
Property, at the rate to be determined from time to time by the Master Association and the
Battlement Mesa Service Association. Any default in the payment of such assessments shall
constitute a default under these Covenants and shall be subject to enforcement hereunder.
7.2 Incorporation by Reference. The provisions of Sections 7.2 through and including
7.5 of Article VII of the Master Declaration are hereby incorporated by reference in their entirety.
ARTICLE XIII
RIGHTS OF LENDERS
8.1 Incorporation by Reference. Sections 8.1 through and including 8.12 of Article VIII
of the Master Declaration are hereby incorporated by reference in their entirety.
ARTICLE IX
INSURANCE
9.1 Incorporation by Reference. Sections 9.1 and 9.2 of Article IX of the Master
Declaration are hereby incorporated by reference in their entirety.
9.2 Townhome Association Insurance. The Townhome Association shall obtain,
maintain, and pay premiums upon, as a common expense, a policy of property insurance covering
all of the General Common Elements within Lot 46 and all personal property belonging to the
Townhome Association, as well as comprehensive general liability insurance covering all of the
common elements and public ways of Lot 46.
9.3 Condominium Association Insurance. The Condominium Association shall obtain,
maintain, and pay premiums upon, as a common expense, a policy of property insurance covering
all of the Condominium Common Elements and Condominium Limited Common Elements within
the Property and all personal property belonging to the Condominium Association.
9.4 Condominium Unit Owner Insurance. An insurance policy issued to the
Condominium Association does not obviate the need for Condominium Owners to obtain
insurance for their own benefit. The Condominium Association insurance policy shall not cover
finished interior surfaces of the walls, floors, and ceilings of the Condominium Units. Moreover,
the Condominium Association insurance policy need not include improvements and betterments
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installed by Condominium Owners. It shall be the duty of all Condominium Owners to ensure that
such portions of the Condominium Unit as exist for their own benefit are insured adequately.
ARTICLE X
GENERAL PROVISIONS
10.1 Incorporation by Reference. Sections 11.1 through and including 11.7 and Section
11.9 of the Master Declaration are hereby incorporated by reference in their entirety.
IN WITNESS WHEREOF, this Declaration of Covenants, Conditions and Restrictions for
the Valley View Village Condominium Association has been executed as of the day and year first
written above.
By
DECLARANT:
DARTER, LLC
Terry Lawrence
[Notary Block on following page.'
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STATE OF
) ss.
COUNTY OF
Acknowledged, subscribed, and sworn to before me this day of , 2005,
by Terry Lawrence, of Darter, LLC.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
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