HomeMy WebLinkAbout1.0 Application•
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GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Subdivision Application Form
GENERAL INFORMATION
(To b completedV/LLE,
the applicant.)
➢ Subdivision Name: LLE V1El0 Lai 4 1314)0»,d6 Vii.
➢ Type of Subdivision (check one of the following types):
Sketch Plan Preliminary Plan Final Plat
➢ Name of Property Owner (Applicant):� LLC,
L.&
➢ Address: 1 Vo VALLE./ CO. T' Telephone:ciiD- Sam SSS5-
➢ City: GkAL)D State: Zip Code: $l jbS FAX:92D-5-023-D/o3
➢ Name of Owner's Representative, if any Attorne Planner, etc):
bFvf it) 4. ve013A ►+y LEAN" co Mole: T P)__P• C •
➢ Address: P D . 7 (Z aO3 D Telephone:9'-70 0Wl0 I
➢ City: GLE>L)WOOb SPR)1345 State: 0-0 Zip Code: g )(oDc FAX: 9 • Ns- 9331
➢ Name of Engineerl:l 02-V6S 14At-6, fY�DIW-TJw) CR-D`S5 �,J6/NNEE'e)i6
➢ Address: 8 a(o - la GP.A01) AVE • Tele phone:''iD- ? 534
➢ City: GLEO to5o0 P12)065 State: Co Zip Code: $11.0 D 1 FAX:g9D-9y-57.5-Ss$
➢ Name of Surveyor: jAm PHELPS) .. 5U,iZv CD, 100. .
➢
Address: '5 "%9. 6PAoo Air✓• PDTelephone: ?D-q4.s 5 1S
➢ City: 67L601k9o-ob 5PR.)D4S State: Lo Zip Code:"1i't FAX:9tD4/5.--S
➢ Name of Planner: inp‘P..e, mIAuf`.Ez GEtJ515 bes IU)35 AACrF) c1ruR.E , V).04
➢ Address:DILA omP155 IRArE,#ari-3 Telephone: 90D^ay5-(&Da.3
➢ City: C-)QPn)b 1 DGl o,3 State: C-0 Zip Code: $ I SD lP FAX: 97D -0294-"Kb8
GENERAL INFORMATION continued...
➢ Location of Property: Section g Township 7 -Svm-riA Range 9S OE5-r
➢ Practical Location / Address of Property: AOGEL-1 61;i rLE mE/J i
➢ 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: )'Y\
2. Comprehensive Plan Map Designation: S nal ARBA 3
Proposed Utility Service: Q
➢ Proposed Water Source: SPT _E mEOT (f E5A Con)5mADA\6D(f £ _ 6 .b )5T2‘t
➢ (See "Attachment C" to be completed with the Preliminary Pian Application)
➢ Proposed Method of Sewage Disposal: .5P03 rrAR4_ SEW E/2. 5�11TErrl
➢ Proposed Public Access VIA: U f-lt_LE_ 1 �I ELJ D �vEJ4i)iCM eiRC E
➢ Easements: Utility:
Ditch:
➢ Total Development Area (fill in the appropriate boxes below):
(1) Residential
Units / Lots
Size (Acres),'.
Parking Provided
Ingle -.Family
Duplex
Multi -Family
Mobile Home
Total
Floor Area (sq. ft.)
Size (Acres)
Parking Provided
(2) Commercial
(3) Industrial
(4) Public / Quasi -Public
5) Open Space 1 Common Area
Total
➢ Base Fee: Sketch Plan - $325.00; Prelim Plan - $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
whic�I is corre . n. accurate to the best of my knowledge.
gnatur of appl
Last Revised: 07/25/2005
8
4)_
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 8`h Street, Suite 201
Glenwood Springs, CO 81601
Re: Valley View Village, Building G
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 Townhome Plat for Valley View Village, Building
G 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 G 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 townhome covenants, maintenance, and
the like in connection with previous Valley View Village townhome plat applications. This
townhome 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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RECORD $6.00 •
111 1111 11111 1111 111 1111111111 1111111111111
643046 12/16/2003 10:0811 61546 P976 M RLSDORF
1 of 1 R 6.00 D 29.13 GARFIELD COUNTY CO
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 NO. *.
(04f3041-1
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 hereditarnents 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 In 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 grants, 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 to all genders.
Ilsl'WITNESS WHEREOF, the gra for has a cuted this deed on the date set forth above.
,
1 .
IDA LEE HOAGLUND
ELI WARD J Y,>#OA
State of COLORADO
ss.
County of GARFIELD
C
PAULA S.
;.,- : irKIEFFER
My commis
F 3/4/ �: m
. Wi
9�.(('•..•,
C....
edged before me this llth day of December , 2003 ,
IDA LEE HOAGLUND
my hand and officia
File Na 01001219 Stewart Title of Glenwood Springs, Ina
No. 932A WARRANTY DEED (For Photographic Record) (Y932ANEW)
Rev. 7/99
RETURN TO: DARTER, LLC. If'i2-
786 VALLEY CT
GRAND JUNCTION, CD 81505
2.p}3
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1111111 11111 1111111 111 111E 1111111111111111111111111111
661556 10/12/2004 09:13A B1630 P263 M ALSDORF
1 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
SUPPLEMENTAL DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
FOR VALLEY VIEW VILLAGE TOWNHOMES
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
VALLEY V1 EW VILLAGE TOWNHOMES ("Supplemental Declaration") is made and entered (0
into this day of Cc jL - , 2004, by DARTER, LLC ("Declarant").
RECITALS
WHEREAS, Declarant is the owner of certain property in the Southeast Ya of the
Northwest ¼, Section 18, Township 7 South, Range 95 West of the 6th Principal Meridian,
Garfield County, Colorado which is more particularly described as Lot 46, Valley View
Subdivision, as shown on the final plat thereof recorded at Reception No. 643044 (the
"Property"); and
WHEREAS, the Property will be comprised of multi -family residential buil gs (the
"Townhomes); and
WHEREAS, the Townhomes 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, as Reception No. 643048 (the "Master Declaration");
NOW, THEREFORE, Declarant hereby declares Covenants, Conditions, Restrictions
and Easements to be imposed on and for the benefit of Valley View Village Townhomes 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, known as Lot No. 46 of the Subdivision, as more particularly described on
the Final Plat thereof recorded as Reception No. 643044 in the office of the Garfield County
Clerk and Recorder, which Final Plat is incorporated herein by reference. It is the intention of
the owner of the Declarant, expressed by its execution of this instrument, that the lands within
the Subdivision 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 Subdivision to the greatest extent
reasonably possible, and the lots therein shall always be protected as much as possible with
respect to uses, structures, landscaping, and general development as permitted by this
I:\2001\Clicntr\Once-12361Covenon ,-V V V.4ownhotnee-4.wpd
October 6, 2004
After recording, please return to:
Leavenworth & Karp, P.C.
P.O. Drawer 2030
Glenwood Springs, CO 81602
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661556 10/12/2004 09 13A B1630 P264 M ALSDORF
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instrument. Additional property within the Subdivision may be subjected to these covenants by
the filing and recording of supplemental declaration.
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
Townhomes.
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
Townhome Homeowners Association," a Colorado nonprofit corporation (hereinafter
"Townhome 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 and Separate Subassociation. The Property shall consist of
multi -family structures and surrounding property within the Subdivision. Initially, all real
property within Lot 46 of the Subdivision shall be subject to this Supplemental Declaration;
provided that additional lands within the Subdivision may be subjected to this Supplemental
Declaration by the Declarant; and further provided that Declarant shall have the option to subject
individual buildings within Lot 46 to the authority of a separate subassociation and a separate
supplemental declaration if Declarant so chooses. In such event, the declaration for the separate
subassociation shall obligate it to contribute its pro rata share to the maintenance obligations of
the Townhome Association for Common Elements benefitting the entirety of Lot 46.
ARTICLE Il
DEFINITIONS
2.1 "Common Elements" shall be all portions of the Valley View Village Townhomes
portion of the Subdivision other than Units and are designated by this Declaration for the
common use and enjoyment of the Unit Owners and their families, tenants, guests and invitees.
The Townhome Association, subject to the rights and obligations of the Unit Owners set forth
in this Declaration, shall be responsible for the management and control of the Common
Elements. Each Unit Owner shall own an equal undivided interest in the Common Elements.
Every 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
Supplemental Declaration, in the Master Declaration and the Plat of the Subdivision; (b) the
right of the Townhome Association to adopt, from time to time, rules and regulations for
vehicular traffic and other passage across the Common Elements to facilitate the optimum and
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most convenient use of the Units and Common Elements by Unit Owners; and (c) the right of
the Declarant to construct additional multi -family buildings within the Subdivision and to
designate additional Units and/or Common Elements within such property.
2.2 "Limited Common Elements" shall mean a portion of the Common Elements of
the Subdivision designated in this Declaration, or the Map defined below, 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 ("CCIOA"), as it may
be amended from time to time (the "Act"), for the exclusive use of one or more but fewer than
all of the Units. The following portions of the Property, in addition to the portions described
in Sections 38-33.3-202(1)(b) and (d) of the Act are designated as Limited Common Elements,
to wit: parking spaces and patio areas assigned to individual Units as shown on the Map.
2.3 "Map" or"Plat Map" or "Supplemental Map" shall mean the map of the Property
attached hereto as Exhibit A pursuant to the requirements of CCIOA and includes the plat of the
Property if a separate plat is attached to this Supplemental Declaration; provided that any such
plat will depict only the units as have actually been constructed as of the date of such plat and
shall not be deemed a waiver of the Declarant's right to construct additional units and to subject
them to this Supplemental Declaration. By taking title to property subject to this Supplemental
Declaration, all Unit Owners consent, without any need for such Owners' individual signatures
on any document, to the filing and recording of amended plats to depict the buildings actually
constructed and to define or redefine common elements and limited common elements associated
with such buildings. THE MAP MAY BE CHANGED IN THE FUTURE AND DOES NOT
MEAN THE SUBDIVISION OF LOTS SHOWN HAS BEEN APPROVED BY ANY
GOVERNMENTAL AUTHORITY. In the event of any discrepancy in the precise location of
boundary lines depicted on both the Map and also on any recorded final plat, then the recorded
final plat shall control.
2.4 "Unit" shall mean an individual dwelling unit within a multi -family building to
be constructed on the Property and may also include a private yard area if depicted as part of
a Unit on the Map. Declarant shall further have the right to submit other Units located outside
the Property but within the Subdivision to this Supplemental Declaration by filing a further
supplement hereto.
2.5 "Townhome Association" shall mean and refer to VALLEY VIEW VILLAGE
TOWNHOME HOMEOWNERS ASSOCIATION, its successors and assigns and shall function
as a sub -association within the scope of the Association.
ARTICLE II1
OWNERS - HOMEOWNERS ASSOCIATION
3.1 Formation and Membership. The Townhome 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 Townhome Association shall,
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for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with
these Covenants. This Townhome Association shall be a membership association without
certificates or shares of stock. All Owners, including Declarant, who own or acquire the title
in fee to any of the Lots in the Subdivision by whatever means acquired shall automatically
become members of Townhome Association. Membership in the Townhome Association shall
automatically terminate when an Owner of one of the Lots ceases to be an Owner of such Lot.
Each Unit shall he entitled to one (1) vote.
3.2 Executive Board and Officers. The affairs of the Townhoine Association shall
be governed by an Executive Board consisting of at least three (3) and no more than seven (7)
members elected by the 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 Townhome Association.
3.3 Purpose. The Townhome 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
Townhome Association shall have the right and responsibility to maintain, preserve, repair,
insure, and otherwise protect and promote the interests of the Owners with respect to all
common properties and interests of the Owners and the Townhome Association. The
Townhome Association shall be governed by its Articles of Incorporation and Bylaws as may
he amended from time to time.
3.4 Maintenance of Common Elements. The Townhome Association shall operate
and maintain all Common Elements and Limited Common Elements within the Subdivision as
defined above, including the roofs and exterior surfaces of the structures 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 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, patios, yards,
decks and other fixtures designed to serve a single Unit, shall be the sole
responsibility of the respective Unit Owners. Each 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 Unit to which any Limited Common Element is allocated
shall be solely responsible for all maintenance of Limited Common
Elements associated with such Unit, including without limitation
landscaping and the removal of trash, leaves and debris from same;
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provided that the Townhome Association shall be responsible for snow
removal from all parking areas. If a Unit Owner fails to maintain a
Limited Common Element to reasonably acceptable standards as
determined by the Townhome Association, then the Townhome
Association shall have a right (but not the obligation) to enter upon such
Limited Common Element to perform such maintenance and to assess the
Unit for the costs of such maintenance. Any other Common Expense
associated with the maintenance, repair or replacement of a Limited
Common Element shall be assessed proportionately against the Unit(s) to
which the Limited Common Element is assigned.
3.5 Declarant Control. The provisions of Section 3,5 of the Master Declaration are
incorporated herein in their entirety.
3.6 Limited Liability and Indemnification. To the fullest extent permitted by law,
neither the Townhome Association nor its past, present or future officers, directors, nor any
employee, agent or committee member of the Townhome Association, nor the Declarant shall
be liable to any 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 Townhome 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 Townhome Association for such purposes shall not be
adequate, the Owners severally agree to indemnify the Townhome 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 limitations
of liability shall extend to the officers, agents, legal representatives and owners of Declarant.
3.7 Notice to Owners. Notice to an Owner of matters affecting the Townhomes by
the Townhome Association or by another 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 Owner's
Unit.
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.
4.2 Eaves and Overhangs. Certain architectural features such as eaves and overhangs
associated with any given Unit may encroach across the property boundary line into other
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adjacent Units. Easements are hereby granted to the Townhome Association and to individual
Unit owners to permit such architectural feature encroachments including but not limited to the
right of the Townhome Association and/or the Unit Owner to maintain, repair, and replace such
architectural features.
4.3 Limited Common Elements. The Townhome Association is granted easements
to enter upon any Limited Common Element for the purpose of maintenance, including but not
limited to control of trash, debris or weeds.
4.4 Utilities. The Townhome Association is granted easements for the installation,
maintenance, repair and replacement of underground utility lines over and across all portions
of the Property outside of building footprints. These easements may be assigned to the master
association for the Subdivision and/or to utility providers.
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 Common Elements. No Owner shall bring any action for partition
or division of the Common Elements or Limited Common Elements. By acceptance of a deed or
other instrument of conveyance or assignment, each Owner shall be deemed to have specifically
waived such Owner's rights to commence or maintain a partition action or any other action
designed to cause a division of the Common Elements or Limited Common EIements. This
Section may be pleaded as a bar to any such action. Any Owner who commences or maintains
any such action shall be liable for and agrees to reimburse the Townhome Association for its costs,
expenses and reasonable attorneys' fees in defending any such action.
5.3 Vehicles. There are designated parking spaces assigned to each Unit as Limited
Common Elements shown on the Map. Each vehicle parked in a designated parking space shall
be registered with the Townhome Association by type, year, color, license number and such other
identification as is appropriate. Additional parking spaces designated on the Map as general
common elements shall be considered visitor parking. Neither any guest of an Owner nor any
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 otherwise
providing service to the Property. No work on vehicles, including repairs, shall be performed on
any portion of the 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
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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 Townhome Association may remove the vehicle without liability and the expense of removal
shall be charged against the Owner.
The Townhome Association shall have the right to assess and enforce penalties
against Owners violating these restrictions applying to vehicles as follows: Two Hundred
Dollars ($200.00) for the first violation and Two Hundred Dollars ($200.00) plus an additional
One Hundred Dollars ($100.00) for each subsequent violation, such that the fine increases in
One Hundred Dollar ($100.00) increments for each succeeding violation.
5.4 Leasing and Restrictions on Alienation. A Unit may not be owned or occupied
pursuant to a time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised
Statutes. An Owner shall have the right to lease a Unit, provided that such lease shall be in
writing and subject to the reasonable requirements of the Executive hoard, and provided further
that no Lots may be leased for a period of less than thirty (30) days. Any lease shall be made
expressly subject to this Declaration and all Association Rules. Any failure of a tenant to comply
with this Declaration shall be a default under the lease, and the Owner shall be liable for any
violation of this Declaration committed by the Owner's tenant, without prejudice to the Owner's
rights against the Owner's tenant.
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
PARTY WALLS
7.1 General Rules of Law to Apply. Each wall which is built as a part of the original
construction of the structures and improvements within the Townhomes and which is located
between Units shall constitute a party wall, and, to the extent not inconsistent with the provisions
of this Article, the general rules of law regarding party walls and liability for property damage
due to negligence or willful acts or omissions shall apply thereto.
7.2 Sharing of Repair and Maintenance. The cost of normal repair and maintenance
of any party wall shall be shared by the Owners who make use of the wall in proportion to such
use and shall be considered a Limited Common Element for purposes of Sections 3.4 and 4.3.
7.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged
by fire or other casualty, the policy of the respective Unit Owners benefitting therefrom shall
cover such damage to the maximum extent of available insurance. Deficiencies in insurance
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proceeds for damage to party walls shall be paid in proportion to such use by affected Owners,
without prejudice, however, to the right of any such Owners to call for a larger contribution
from the other Owner under any rule of law regarding liability for negligent or willful acts or
omissions.
7.4 Weatherproofing. Notwithstanding any other provision of this Article, an Owner
who by his negligent or willful act causes the party wall to be exposed to any elements, shall
bear the whole cost of furnishing the necessary protection against such elements, and if such wall
shall be damaged by such elements, such Owner shall pay the entire cost of repair of the same.
7.5 Right to Contribution Runs with Land. The right of any Owner to contribution
from any other Owner under this Article shall be appurtenant to and shall pass to such Owner's
successors in title.
ARTICLE VIII
COLLECTION OF ASSESSMENTS - ENFORCEMENT
8.1 Assessments. All Owners, by acceptance of a deed to a Unit, including without
limitation public trustee, sheriffs 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
Townhome Association. To the extent the Townhome 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 the
Townhome Association' s common property; expenses of the Architectural Committee; and
insurance, accounting, and legal functions of the Townhome Association. Such assessments
shall be deemed general assesstnents and shall be borne pro rata by all Owners. The Executive
Board may establish contingency and reserve funds for the maintenance and improvement of the
Townhome Association's common property and any other anticipated costs and expenses of the
Townhome Association to be incurred in pursuit of its purpose. Contingency and reserve funds
shall be in such an amount as the Executive Board may deem necessary and appropriate for the
aforesaid purposes. Each Owner shall be required to pay his pro rata portion of these funds.
The pro rata allocation shall be calculated as shown on Exhibit B, attached hereto and
incorporated herein.
The Executive Board 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 these Covenants, or the Articles or Bylaws of the Townhome Association, as
may be necessary. Such special assessment shall be paid for in equal portions by the Owners
obligated to pay such assessment and shall be due and payable as determined by the Executive
Board.
All Owners specifically acknowledge and agree that an assessment will he levied
against them and their Unit by both the Valley View Village Homeowners Association and the
Battlement Mesa Service Association for the maintenance of the Common Elements that serve
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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 Valley View I-Iomeowners
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.
8.2 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 IX
RIGHTS OF LENDERS
9.1 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 X
INSURANCE
10.1 Incorporation by Reference. Sections 9.1 and 9.2 of Article IX of the Master
Declaration are hereby incorporated by reference in their entirety.
10.2 Additional Insurance. The Townhome Association shall obtain, maintain, and pay
the premiums upon, as a common expense, a policy of property insurance covering all of the
Common Elements and Limited Common Elements within the Property 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 the Property.
ARTICLE XI
GENERAL PROVISIONS
11.1 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 Valley View Village Townhomes has been executed as of the day and year first written
above.
DECLARANT:
DARTER, LLC
By
Terry Lawrence/
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10 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) ss.
COUNTY OF )
Acknowledged, subscribed, and sworn to before me this � day of O t� �¢c
2004, by Terry Lawrence, 'MO i of Darter, LLC.
WITNESS my hand and official seal.
my XMMIS4011 Expires
07
My Commission expires:
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EXHIBIT B
Allocations of Units for Assessment Purposes
The following Units shall be assessed equally and shall each have one vote; provided that
assessments (but not votes) shall be prorated only amongst those units for which a certificate of
occupancy has been issued by Garfield County:
D 1-6
E 1-6
F 1-6
G 1-6
H 1-6
I 1-2
J 1-4
K 1-6
L 1-4
M 1-6
N 1-2
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CIVOLI ILIEJVCIO DNOIS
DARTER. LLC
GARFIELD COUNTY. COLORADO
VALLEY VIEW VILLAGE, PUD
PHASING PLAN
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HIGH COUNTRY ENGINEERING, INC.
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14 INVETH318 (*WE EAST HTE 0-138. ENGLEWOOO CO OM
MOM (305)925-05.44 FAX (303) 825-0847
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DES. DJW
NO.
DATE
REVISION
BY
DR. DJW
CK.
5/31/03
UPDATE PLANS
DJW
DATE 3/3/03
FILE: PHASING
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