HomeMy WebLinkAbout2.0 Staff Report BOCC 03.15.04r 'Y ('ilhqucJ
REOUEST
APPLICAI{T
REPRESENTATIYE
LOCATION
MEMORANDUM
Final Plat & Vested Property Rights for Ranch at Coulter Creek
PUD
SlC-Lawrence, LLC
TG Malloy Consulting & Balcomb & Green, P.C.
CR 1I5
4(,t
(*!" \,*';7
BOCC 03ltsl04
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I. BACKGROT]ND
The Board approved the Ranch at Coulter Creek PUD and Preliminary Plan on January 12,2004.
Subsequently, the Board signed resolutions that memoializedthe approvals for the Planned Unit
Development and Preliminary Plan for the Ranch at Coulter Creek. Presently, the Applicant is
@*totheBoardforapproval.Inaddition,theApplicantalsorequeststheBoard
ffiotheprojectpursuanttoSection14:00ofthesubdivisionregulations.
During the regular meeting of the Board on March 86, the Board opened and continued the public
hearing on these requests to March 156 so that Staffand the Applicant could complete the review and
present the finalized documents to the Board.
II. FINAL PLAT
The Applicant submitted all the required documents necessary to complete a Final Plat application.
The review of theses documents is.ffit$frdadsts!il*mcilm&at &eruqffiH
H$ffil*egul&iocrs of 1984 art'm& ai,td 2) dettOiftino
Upon review, Staff finds {s,firiffi,fldt,@eo hdUdfQfiffinf0lfrb
W and *rm dre Applichrrt&av0 tdt$Jfied tht' cdhdit'lbiN' odffi{fi,al. Staff
would like to direct the Board's attention to the following points:
1) Condition No. 8 in the resolutions of approval states the following:
Prior to the recording of the Final Plat, the Applicant shall provide a written approval of
the signed and recorded Resolution by the Carbondale and Rural Fire Protection District
Board regarding the ann*ation of the property into the Fire District, as well as the court
order to include the property within the District boundary.
ffi $e conditions of ap'provd required by ttre Bomd'dtrtt#ihr$iii6
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A provision of Resolution No. 2003 - 03 of the Carbondale and Rural Fire Protection
District (Exhibit 13 of the Final Plat Binder) requires the "final subdivision plat for the
Ranch at Coulter Creek shall not be recorded until an Order for Inclusion has been issued
by the Garfield County District Court in connection with the property."
fffire, this conditiop capnot he satisfied rurtil the Board approvcstho'Pirtfl'Plat. AsL
resul& theAppliemt propss€s,thatshould ttre Board apprcve and $ign fiF.Fiod,Phtmn
Meaday, "\4arch l5*,$e Applicpnt caqr4lrecord the Final'Plat and
Distdct, 0otfr"',if,hc
iE awfrre the timeline for recording a Final plat once approyed by the B.eard is'9Q
2) Specific documents to be provided at Final Plat that require a signature by the Chairman of
the Board include:
1) Final Plat (in mylar to*);
2) Subdivision Improvements Agreement w/all attachments;
3) Development Agreernent; and
4) Documlnt Escrow Agreement t tlyl,)
3) Specific Securities (Letter of Credit) / Fees to be paid or provided to the County include the
following which shall be paid or submitted to the County prior to the recordation ofthe Final
Plat:
Fees in Lieu of Dedication of Land to RE-1 School District: $4,559.02
Fire Protection Fees to Carbondale & Rural Fire Protection District: $10,482.00
Road Impact Fees: County agreed to improvements to CR 115 in lieu of fees.
Letter of Credit for Improvements: 9762,376.88
Letter of Ctedit for Revegetation: $110,000.00
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rights, and other associated easements to the Homeowners Association (HOA), the
, t, 3i:i,lffi; ?li,;?;fflTi,?:,i#i,T;il: l,::ill,h:fl1ffiffi**ffi';T11;
, , ,flf ,,l.f- r -J of placing them in escrow with a title company (such as Pitkin County Title) rather than
(,7 , AV yJ \ provide those deeds directly to the HOA. In this way, in the event of a default of thev f,' 5{,' developer's obligations, the HOA can still obtain ownership of the corlmon areas of the
/ b{ properfy such as open space and other physical improvements. As a developer honors thet . ,rr. , .U requirements / obligations under the SIA, then the deeds may be released to the HOA once
^ ,ilu n )y the improvements are completed pursuant to the release date of the security in the SIA which\)' ,,*'v@
^
S^flft This has been discussed with the County Attorney's office who agrees with the proposal.0 -l)' Further, because of the potential value in this type of arrangement, Staff may contemplate^ *r, method (placing deeds in escrow) as a new addition in the rewrite of the subdivision
regulations.
@1'rr"' to
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s 9, P.-.pnf. k"t*,*ft'fiethod of internal private roads, utitities, open space, waterbp, k Tnil^;q
III. REOUEST FOR VESTED PROPERTY RIGHTS
The Applicant requests the Board grant vested property rights to the project. A vested property right
means the Applicant maintains the right to undertake and complete the development and use of
property under the terms and conditions of a site specific development plan for a three (3) year
period without being affected by subsequent changes in County land use regulations. Important
vesting requirements to note include the following:
1) Each plat or site plan constituting a site specific development plan shall contain the
folloiving tggruE: "AWruorC of.dds p{errthfrIl'CIid#b'Enest6'8 fftW
tffiG**6ip$ftrit6iidetl.''Thislanguagehasbeenincludedonthep1atinthe
County Commissioner certificate.
2) In additioo, a notice describing generally the type and intensity ofuse approved, the specific
parcel or parcels ofproperty affected and stating that a vested property right has been created,ffi.ffienffiffi,,tfiletl, of the site specific
development plan, in a newspaper of general circulation within the County. The Applicant
shall satisff this notice requirement. Failure to complete this requirement shall void any
vesting approval by the Board.
3) The Applicant shall ffitw (an agreernent between the
Developer and the County) that is to be signed by the Chairman of the Board that identifies
the terms / timelines of the vesting agreement. This has been provided in a form consistent
with prior agreements approved by the Board.
4) or not to grant vested property rights to a
development. The development regulations (Section 14:00) do not contain any specific
criteria or standards for use in reviewing a request. It has typically been the position of the
Board to grant vesting approval for a development.
TV. STAFF RECOMMENDATION
Staff recommends the Board sign the Final Plat and grant vested property rights to the
development as requested.
Exhibits for BOCC 03/15/04 (Ranch @ Coulter Creek)
A Proof of Publication
B Garfield County Zonins. Rezulations of 1978. as amended
C Garfield Countv Subdivision Resulations of 1984- as amended
D Garfield Countv Comorehensive Plan of 2000
E Staff Mernorandum
F Aoolication Materials submitted bv the Aoolicant to include the followins:
l. Subdivision Improvements Agreement
2. Document Escrow Agreement
3. Right-of-way Deed for CR 115
4. Quit Claim Deed (internal roads)
5. Quit Claim Deed (open space)
6. Protective Covenants
7. Articles of Incorporation (HOA)
8. Bylaws of the HOA
9. Letter from TG Malloy, LLC dated 3ll0l04
10. Letter from Balcom & Green dated 3ll0l04
11. Final Plat Binder
12. Final Plat (Paper Version)
I3. Final Engineering Drawings
14. Final Water Tank Drawings
15. Draft Letter of Credit Form (Alpine Bank)
16. Quit Claim Deed (water rights)
17. "Assipurment" of the water rishts to the HOA
?
SUBDIVISION IMPROVEMENTS AGREEMENT
THE RANCH AT COULTER CREEK P.U.D.
THIS AGREEMENT is made and entered into this day of 2004,by
and between the SLC-LAURENCE, LLC, a Delaware limited liability company (hereinafter
"Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,
STATE OF COLORADO.
ITNESSETH:
WHEREAS, Owner is the owner and developer of certain real property located within
Garfield County, Colorado, known as The Ranch at Coulter Creek P.U.D., for which Owner has
received preliminary plan approval upon the terms and conditions set forth in Garfield County
ResolutionNo. 2004-15 recorded inthe Garfield County ClerkandRecorder's OfEce onFebruary6,
2004 inBook l559,Page 435, at Reception No. 646147; and
WIfiREAS, Owner has submitted to the Board of County Commissioners of Garfield
County for its approval the Final Plat for The Ranch at Coulter Creek P.U.D. (hereinafter "Final
Plat") for all of the property'described upon the Final Plat for The Ranch at Coulter Creek P.U.D.
and on the attached Exhibit A; and
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the
State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with
the Board of County Commissioners of Garfield County; and
WIDREAS, Owner has completed or has agreed to complete certain subdivision
improvements as set forth herein, has agreed to execute and deliver a letter of credit or other security
to the Board of County Commissioners of Garfield County to secure and guarantee the completion of
the subdivision improvements and its performance of this Agreement, and has agreed to certain
restrictions and conditions regarding the issuance of building permits, certificates of occupancy and
sale of properties, all as more flrlly set forth hereinafter.
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, the parties hereby agree as follows:
l. FINAL PLAT APPROVAL. The Board of County Commissioners of Garfield
County hereby accepts and approves the Final Plat of The Ranch at Coulter Creek P.U.D., subjectto
the tenns and conditions of this Agreement, as well as the terms and conditions of the Preliminary
Plan approval, and the requirements of the Garfield County Zoningand Subdivision Regulations.
2. OWNER'S PERFORMANCE. Owner'has constructed and installed or shall cause
to be constructed and installed, at its own expense, those improvements related to The Ranch at
Coulter Creek P.U.D., which are required to be constructed by Resolution No. 2004-15, this
Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. The
estimated cost of completion of the subdivision improvements related to The Ranch at Coulter Creek
P.U.D. is set forth and certified by a licensed engineer on Exhibit B attached hereto. itefl
firftfiffiixoilts sh$ll be completed, on or before September 15 ,2004 . Additionally, the &ivner shalt
M:,
a. all plat documents submitted prior to or at the time ofthe Final Plat approval,
which are incorporated herein by reference, and made a part of this Agreement;
b. all requirements ofResolutionNo. 2}}4-l5,including all requirements ofthe
Garfield County ZoningCode and Garfield County Subdivision Regulations, as they relate to
The Ranch at Coulter Creek P.U.D.;
c. all laws, regulations, orders and resolutions ofthe County of Garfield, State of
Colorado, and affected special districts;
d. all designs, maps, specifications, sketches, and other materials submitted to
and approved by any of the above-stated govemmental entities;
all provisions of Resolution No. 2003-3 of the Carbondale and Rural Fire
Protection District ("Fire District") as more particularly addressed in paragraph 9,
hereinbelow; and
f. the improvements to be constructed by the Owner shall include, but are not
limited to the following:
(1) #rrffippryed.distrih$im-ryMr,u',fwBhdktdnone!fr€Fe€ek
&*&,icreoordmpo,*i&tU*#*.Ury.*lr.anor'r-ttrereOrtu f'ffi&inA
Plef,nndothmqniremmterd*ed.b*ho,rxalearupply ryrffi
W6}afu d*hGa*qndnlo aad M Distt'iet.
(3) riutcae*+,*sC&,'fuinrgs &ahffir,*utiliS
ffffi ft ffiotddso x{,id} &aplans
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The Board of County Commissioners of Garfield County agrees that if all improvements are
installed in accordance with this Agreement, the Final Plat documents, the as-built drawings to be
submiued upon completion of the improvements, the requirements of the Garfield County Zoning
Code, all other requirements of this Agreement, and the requirements of Resolution No. 2004-15,
then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and
Subdivision Regulations of Garfield County, Colorado with respect to The Ranch at Coulter Creek
P.U.D.
Subdivision Improvements Agreement
Page2
3. COST OF IMPROVEMENTS. The total estimated cost of completion of all
subdivision improvements associated with The Ranch at Coulter Creek P.U.D., as set forth and
certified by a licensed engineer on Exhibit B attached hereto and incorporated herein by this
reference, including a ten percent (10%) contingency, is $2,320,401.88. Owner has heretofore
caused a substantial portion ofthe aforesaid subdivision improvements to be completed as required
by this Agreement. Attached hereto as Exhibit C and incorporated herein by this reference is a
certification of completion by a licensed engineer certifying the subdivision improvements that have
been completed prior to the date hereof. Exhibit C certifies that the estimated cost to complete the
uncompleted subdivision improvements, iaedi*gu t6frffircCfir(l09s)'6onti@
4. SECURITY FOR IMPROVEMENTS.
a. Cash or Letter of Credit. On or before the date ofthe recording of the Final
Plat of The Ranch at Coulter Creek P.U.D. with the Office of the Garfield County Clerk and
Recorder, the Owner shall deliver cash or ar&lltt*ofGrsditim form acceptableto the Board
of County Commissioners of Garfield County in the amount of*fl@$76c003r1ri.1, is the
estimated cost of completing the remaining subdivision improvements related to The Ranch
at Coulter Creek P.U.D. as set forth and certified by a licensed engineer on Exhibit C
attached hereto. The Letter of Credit required by this Agreement shall be issued by a state or
national banking institution acceptable to the Board of County Commissioners of Garfield
County. If the institution issuing the Letter of Credit is not licensed in the State of Colorado
and transacting business in the State of Colorado, the Letter of Credit shall be "cohfirmed"
withinthemeaningofC.R.S.4-5-106(2)byabankthatislicensedtodobusinessintheState
of Colorado, doing business in the State of Colorado, and acceptable to the Board of County
Commissioners of Garfield County. Thb*ffio6.€rcditrqu*bo.,ydid'&r*"i*tr#0{#
(@ completiondato for the,inprorornents dcf fufth heigfh. If the time for
completion of improvements is extended by a written Agreement to this Agreement, the time
period for the validity of the Letter of Credit shall be similarly extended. Additionally,
should the Letter of Credit become void or unenforceable for any reason, including the
bankruptcy of the Owner or the finaricial institution issuing or confirming the Letter of
Credit, prior to acceptance ofthe improvements, this Agreement shall become void and ofno
force and effect, and the Final Plats shall be vacated pursuant to the terms ofthis Agreement.
b. Partial Releases of Sectrity. The Board ofCounty Commissioners ofGarfield
County shall release portions ofthe Security as portions ofthe subdivision improvements are
completed to the satisfaction of the Board of County Commissioners of Garfield County.
Certification of completion of improvements adequate to authorize release of security must
be submitted by a licensed or registered engineer. Such certification authorizing release of
security shall certiff that the improvements have been constructed in accordance with the
requirements of this Agreement, including all Final Plat plans, and said professional engineer
shall place his stamp upon as-built drawings to be delivered to the Board of County
Commissioners of Garfield County. Owner may also request release for a portion of the
security upon proof (i) that Owner has a valid contract with a public utility company
regulated by the Colorado PUC that obligates such utility company to install certain utility
Subdivision Improvements Agreement
Page 3
lines and (ii) that Owner has paid to such utility company the cost of installation of such
utilities required to be paid by Owner under such contract.
Upon submission of a certification of completion of improvements by the Owner, the Board
of County Commissioners of Garfield County may inspect and review the improvements certified as
complete, to determine whether or not said improvements have been constructed in compliance with
the relevant specifications. If the Board of County Commissioners of Garfield County determines
that all or a portion of the improvements certified as complete are not in compliance with the
relevant specifications, the Board of County Commissioners of Garfield County shall fumish a letter
of potential deficiencies to the Owner within fifteen (15) days speciffing which improvements are
potentially deficient. If no letter of potential deficiency is fumished within said fifteen (15) day
period, all improvements certified as complete shall be deemed accepted and the Board of County
Commissioners of Garfield County shall release the appropriate amount of security as it relates to the
improvements which were certified as complete. If a letter ofpotential deficiencies is issued which
identifies a portion of ttie certified improvements as potentially deficient, then all improvements not
so identified inthe letter ofpotential deficiencies shall be deemed accepted and the Board ofCounty
Commissioners of Garfield County shall release the appropriate amount of security as such relates to
the certified improvements that are not identified as potentially deficient in the letter.
With respect to any improvements certified as complete by the Owner that are identified as
potentially deficient in a letter of potential deficiencies as provided in this paragraph, the Board of
County Commissioners of Garfield County shall have thifty (30) days from the date of the letter of
potential deficiencies to complete its investigation and provide written confirmation ofthe deficiency
to the Owner. Ifupon further investigationthe Board of County Commissioners of Garfield County
finds that the improvements are acceptable, then appropriate security shall be released to the Owner
within ten (10) days after completion of such investigation. In the event the improvements are not
accepted by the Board of County Commissioners of Garf,reld County, the Board of County
Commissioners shall make a written finding prior to requesting payment from the Letter of Credit.
Additionally, the Board of County Commissioners of Garfield County shall provide the Owner a
reasonable period of time to cure any deficiency prior to requesting payment ftom the Letter of
Credit.
c. Substitution of Letter of Credit. The Board of County Commissioners of
Garfield Counry may, a--ts sot. ofiion, permit the Owner to substitute collateral otherthan a
Letter of Credit acceptable to the Board of County Commissioners ofGarfield County forthe
purpose of securing the completion of the improvements as hereinabove provided.
d. Securitv for Reveeetatibn. Revegetation of all areas disturbed by installation
of subdivision improvements shall be accomplished in accordance with the Revegetation
Plan for The Ranch at Coulter Creek P.U.D. submitted with the Final Plat and shall be
secured by delivery of a Letter of Credit in a form acceptable to the Board of County
Commissioners of Garfield County in the amount offilf0.,O0$.0&from Ownerto the Board
of County Commissioners of Garfield County. fuI*rtser,;o#Eredffi
#riuruvoGUruycaro'foilo*irqg,nrcoding tr&e&inal*Bht iltordeer+W
Subdivision Improvements Agfeement
Page 4
revegetation efforts. Certifications and release of the security for revegetation upon
expiration of said two-year period shall be substantially in accordance with the procedures
outlined above in the section entitled Partial Releases of Security, with certification of
completion by the Owner and release approved by Garfield County vegetation manager.
e. @,,iFhs Eiml Plst for ThoRartchng.CcntHflffSHt
P*I.D"**cll" s:boirecordod plrffi rto4his t Agrcanext until :the l:gttoqrcf:aGn*tr 4;S'*
*eguf.rfi, forff,ry3gffiion deo@iMindis A3roemnt have beem reoeivedurd {pprm*tydr
Bq,ax40$"Cqtry,Cimlrirsiom€fit,f Garfield'Coutty. Additionally; ttrc Fin*Pf*3fiall$ftt
k rec#d"rufiil,an Ordor.for Iaclusi6n has'beetr isnred by the'Garfieltf''Cbr:rr$Dfuiittt
Corut rc..neryired tyResolution Nb. ZbO: -Of of the Fire District.
5. WATER SYSTEM. ,ffidmttrlt$,wfflffiilttlcs sites necessary for the water
deliverysystemwithinTheRanchatCou1terCreekP'U.D.fu*fusdo&ffi@
ek'ffnm& *-ffiltmu$mk,tIomtmem* Aesocidiom &loh'latci'than:'@
iqq- of errd Uaasferto*hc said Assosiation, blrrypoff;*mufttrkltnt
d*o66gpq,lse irylfrmrents,to,thp waten sysEm within The Ranch at Cante&ckHt[D.,
tggp{hm'.rryilh*$,,watfr;rights, ufioter, alloment contracts; ,well pe,rrnits, andr'^offi.{tffi6*lripfit$'#
@ic weter servioe to" Tho R.anctlat Coulter Crcek PU.D.
6. It**;Br??'ftlt rocds:withitrrfto''Fiiril Plat'fbrTlfdRhnoh at,6bt#f@6tfr{ffiI.D.,
Rod No. $ 15 rigttt'of-lvry; *rdt b6,cet apart to,Tb.IfsndldGotflilSGrtbk
ffil*bu 6ad MicsEd,,as,private rigl*e-of-wap The Homeowners Association
shall be solely responsible for the maintenance, repair and upkeep of said roads. nffiUffitffitrt
Cqpq*fGsmiffiioffiJ UffGarfield'Countii strhii troi t" oblilated t'o rtraintain ?try.tffi'wtihiri'tfre
sl&disi{ise.dflS tfieSormtyRoadNo. Il5 rigttt.6f-way.
7. CONVEYAI\CE OF ROADS, OPEN SPACE AND WATERRIGIITS. Uponthe
mutual execution of this Agreement lttttiitf,,#l.c:sw$ei,md;dcliver'i#'..cffiF. 1#ff
cffitmfa &fdMinp*o*oaAs $ithin dto Fhsl Flct;{he'Qpen Spaco pattols'wiffiffiu'fi'il$Blfr ,
n6*hp$,*p&b$s(qo$sctivelyr&c "Baedd'); cm:>hesameO:fturuule{ss8ddffiCdgk
Hgffiulps .&*i$*nu*, -lhe Beeds'shalt'te deposited into escrow, puisuant't#'tit Esctbw
AgFsFM-to'hc crme#,by ttre Onrner, the Board of eounty Commissioners of €a@HGottry,
d6s.Emtsr* Agent, pnwiding that the Escrow Agent shall hold the Deeds until the earlt& of($
rpqgipl,pf a written notice signed only by Owner notiffing Escrow Agent that the work required'of
the Owner in this Agreement has bben completed and accepted by the Board of Coutty
Gonrmissioner$ of Garfield County; or (ii) receipt of a writtennotice signed only by the Bmrd of
CountyCommissioners of Garfield County stating that Owner hgs failed to comply with the terms
and conditions of this Agreement; or (iii $, iy, iooo) u.0"". the frrstio::.y "lt:foregoing events, Escrow Agent shall cause\hq Deeds to be recoided in the records of the Garfield
County Clerk and Recorder.
IMPROYEMENT AND DEDICATION OF COT]NTY ROAD IN LIEU OF
OF ROAD IMPACT FEES. The Ranch at Coulter Creek P.U.D. is located in Garfield
Subdivision Improvements Agreement
t6ty6" + sM- 'i', -e
County Traffic Study Area 1 1 and but for the provisions of this paragraph the Owner would pay road
impact fees in accordance with Section4:94 of the Subdivision Regulations. However, the Board of
County Commissioners of Garfield County hereby agrees to waive payment of all road impact fees
for The Ranctr at Coulter Creek P.U.D. required by Section 4:94 onthe condition that Owner, in
connection with constuction of all other subdivision improvements required by this Agreement, and
no later than the date set forth in paragraph 2, hereof shall upgrade and improve and provide a chip
seal surface on Garfield County Road I l5 from the west entry of The Ranch at Coulter Creek P.U.D.
to the intersection with County Road l2l and the short segment of Cotrnty Road 121 between the
intersection with County Road 115 and the point where the existing chip seal surface ends
(approximately 1.7 miles). All upgrades to the County Roads required by this paragraph have
heretofore been completed by the Owner in accordance with County Road standards and have bern
accep0ed by the County Engineer and the Road and Bridge Department.
In addition, the Owner shall, on the Final Plat, dedicate and set apart to the Board of
County Commissioners of Garfield County those parcels of property depicted and described on the
FinalPlatasCountyRoadNo.115right-of-way.Inaddition,theownersha&,ffi
theRnrd o*GHur5rffioamissffi'rfoffi of Garfield C6mty a deed of conveytance fo,r tlicCuutyiftdod
N*,I*fi*trtf-way.
9. F'EES IN LIEU OF DEDICATION OF LAI\D TO SCHOOL DISTRICT. ThE
Owner shall make a cash payment in lieu of dedicating land to the Roaring School Distict, RE-I,
calculated in accordance with Sections 9:80 and 9:81 of the Garfield County Subdivision
Regulations, which states that the cash in lieu payment is equal to the unimproved per acre market
value of the land multiptied by the land dedication standard multiplied by the number of units in the
subdivision. The parties acknowledge and agree that for The Ranch at Coulter Creek P.U.D. the total
amount of the cash payment in lieu of dedication of land shall be calculated as follows:
Unimproved per acre market value ofland, based upon an appraisal submitted
by Owner : $8,767.351'
Land dedication standard (from Section 9:81):
26 single family DU's x .020 acres :0.52 acres; and
Total amount of cash in liegpaynrent:
$8.767.35 x 0.52=f,ffiqf$,*
@d
.me,$f,*8,letfo'Se,&mfutGouttq€rspk P.U;D.,'thtfisd,6[S4;$yffOZ'bs a payment in lieu of
Ee6iiAii&i of ihir?l to RE- 1 School District, which shall be utilized in accordance with the provisions
ofC.R.S.30-28-l33,asamended. TheOwnerspecificallyagreesthatitisobligatedtopaytheabove
and foregoing fee, accepts such obligation, and waives any claim that it is not so obligated or
required to pay such fee. The Owner agrees that subsequent to recording of the Final Plats, Owner
will not claim, nor is the Owner entitled to claim, a reimbursement of the fee in lieu of land
Subdivision Improvements Agreement
Page 6
a.
b.
c.
s\
x-L
dedication to RE-l School District which is paid in accordance with the
Agreement.
of this
10. COMPLIANCE WITH FIRE DISTRICT REQUIREMENTS. The Fire District
has adopted Resolution No. 2003-03 which approves the inclusion into the Fire District of that
portion of The Ranch at Coulter Creek P.U.D. which was not previously part of the Fire District.
The Owner shall comply with all ofthe provisions ofFire District ResolutionNo. 2003-03,including
the following:
The Owner shatl osrqrffiCgraflt*to tbe Fim-Diotiot,*"ffi
s*hpmsff*ilet*i*ity csffitt ,&oo 'aed,ok o{ *ll lienn and , e,rormbransorp {mft
nqffipfsnd,ffity identified.,as Xuch on the Final Plat (the "Fire District Easements").
The Petitioner shall deliver to the Fire District a title insurance commitment for the Fire
District Easements in the amount of $35,000.00 in a form satisfactory to the Fire District's
attorney. Thepurposes ofthe easement, andthe otherterms and conditions ofthe easement,
shall be as set forth on the deed of easement attached to Rru1ffifi"616tffi3. The
Owner shall provide evidence satisfactory to the Fire District that said easement and the uses
to be made pursuant thereto shall not violate a conservation easement or any proposed
covenants which may burden the Property now or in the future.
I weather access road, no less than
(12') in width onthe Fire District Easements and shall install
electric power and telephone to an agreed upon building site on Fire District
shall be responsible for the cost of construction of a building to house equipment and the
radio repeater antenna on said property. The design and materials to be used for said
building shall be subject to the review and approval of the Owner, which approval shall not
be unreasonably withheld. From and after construction of said access road, the Fire District
shall be fully responsible for all maintenance and repair, including snow removal, of those
portions of the easement which are exclusive to the Fire District.
The Owner shall cooperate with the Fire District in obtaining a special use
permitforthecontemplatedusesbytheFireDistrictofsaidf&firftil!nE!ccffi
irffih*g*ad .slize.mmnritCftfrtrirclCds'obffiilxnii0*ion arrtentd$ tfit miBffi&'
The Owner shall install a water supply system pursuant to plans approved by
the Fire Chief, including an active fire hydrant at the location agreed upon on or near County
Road I 15 to be served by a six (6) inch water supply pipe. The Petitioner shall additionally
install a dry hydrant at a pond within the subdivision.
The Owner shall comply with the wildfire hazard mitigation plan, including a
wildfire hazard analysis and road system plan with cul-de-sac and turnaround design and
placement, which has been approved by the Fire Chief.
reement
f. At the time of final plat approval the Petitioner shall pay impact fees to the
Fire District for all twenty-six (26) lots within the subdivision in the amount of $417.00 per
dwelling unit, or a total of $'10182.00 for The Ranch at Coulter Creek P.U.D., as required by
provisions of Carbondale and Rural Fire Protection District Resolution No. 99-6, and shall
have entered into a standard Agreement with the Fire District for this purpose.
g. Carbondale and Rural Fire Protection District ResolutionNo .2003-2requires
payment of anfrtFififii&ryufptf$O0$0fim loswbe paid at the time of inclusion. The
fourteen (14) lots to be created on the property which has been annexed to the Fire District
pursuanttoResolutionNo.2003.03wouldnecessitatepaymentofaffiepursuant
to said Resolution. The Fire District agrees that the donation of the easement for the radio
#fttrhdimprovementstobeconstructedthereonbythePetitionershallbedeemedto
mllfa#ruttu'fftryW drirrtu*f df ftc dnhe$ ofisei*&e r,equirodty Rffilution No. 2003 -2
to the Fire District. The remaining amount, Snffi#.m;r'shall be paid to the Fire District
within five (5) days ofthe date of final subdivision plat approval for The Ranch at Coulter
Creek P.U.D. by the Board of County Commissioners of Garfreld County.
I l. INDEMNITY. To the extent allowed by law, the Owner agrees to indemni& and
hold the Board of County Commissioners of Garfield County harmless and defend the Board of
County Commissioners of Garfield County from all claims which may arise as a result of the
Owner's installation ofthe improvements required pursuantto this Agreement. However, the Owner
does not indemnify the Board of County Commissioners of Garfield County for claims made
asserting that the standards imposed by the Board of County Commissioners of Garfield County are
improper or the cause of the injury asserted.
The Board of County Commissioners of Garfield County shall be required to notiff the
Owner of receip of a notice of claim, or a notice of intent to sue and shall afford the Owner the
option of defending any such claim or action. Failure to notify and provide such written option to the
Owner shall extinguish the Board of County Commissioners of Garfield County's rights underthis
paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the Board of
County Commissioners of Garfield County from claims which may arise from the negligent acts or
omissions of Garfield County or its employees. Nothing in this paragraph shall be construed to
constitute a waiver of sovereign immunity by Garfield County.
12. SALE OF LOTS. No lots within The Ranch at Coulter Creek P.U.D. shall be
conveyed prior to recording of the Final Plat.
13. ISSUAI\CE Of' BUILDING PERMITS. As one remedy for breach of this
Agreement, Garfield County may withhold issuance of building permits for any structure within The
Ranch at Coulter Creek P.U.D.. The parties agree that no building permit shall be issued until the
Owner demonstates to the satisfaction of the Fire District that adequate water is available for the
Fire District's purposes at the site of construction. Further, the parties agree that no certificate of
occupancy shall be'issued for any building or structure within the Final Plat until all subdivision
improvements have been completed and are operational, as required by this Agreement.
Subdivision Improvements Agfeement
Page 8
14. ENFORCEMENT. In addition to any rights which may be provided by Colorado
statute, it is mutually agreed that the Board of County Commissioners of Garfield County or any
purchaser of a lot within the Subdivision shall have the authority to bring an action in the District
Court of Garfield County, Colorado, to compel enforcement of this Agreement.
15. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with any
of the terms of this Agreement, the terms of the Preliminary Plan, the Board of County
Commissioners of Garfield County shall have the ability to vacate the Final Plat as it pertains to lots
for which no building permits have been issued. Any existing lots for which building permits have
been issued, shall not be vacated and the plat as to those lots shall remain valid. The Owner shall
provide a survey and complete legal description with amap showing the location of aportion ofthe
plat so vacated.
16. BINDING EFF'ECT. This Agreement shall be a covenant running with the title to
each lot within the Final Plat, and the rights and obligations as contained herein shall be binding
upon and inure to the benefit of the Owner, its successors and assigns.
17. RECORDING. Upon execution and authorizatioi by the Board of County
Commissioners of Garfield County, the Owner shall record this Agreement with the Office of the
Clerk & Recorder for Garfield County, Colorado.
18. \IENtlE AllD JURISDICTION. Venue and jurisdiction for any cause arising out of
or related to this Agreement shall lie in the District Court for Garfield County,,Colorado, and be
construed pursuant to the laws of the State of Colorado.
19. AMEIYDMENT. The parties hereto mutually agree that this Agreement may be
amended from time to time, provided such amendment is in writing and signed by the parties hereto.
20. NOTICE. All notices required herein shall be tendered by personal service or
certified mail upon the following individuals or agents of the parties to this Agreement:
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood Springs, CO 81601
SlC-Laurence, LLC
0021 Bumt Mountain Circle
Snowmass Village, CO 81612
Subdivision Improvements Agreement
Page9
with copies to:
Lawrence R. Green
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Garfield County Attorney's Office
108 8th Street, Suite 219
Glenwood Springs, CO 81601
ENTERED INTO the day and year first above written.
SlC-Laurence, LLC,
a Delaware limited liability company
By:
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COIINTY, COLORADO
Chairman
By
ATTEST:
Clerk to the Board
\\sdid l3\de l3lDoclr@ts\slm Led cmpsy\lrlltw R.trll\suMivkim Inp.ovmhb Ag,ffinl for Reh d CsIq C@k-]-9-04.doc
Subdivision Improvements Agreement
Page l0
DOCUMENT ESCROW AGREEMENT
THIS ESCROW AGREEMENT (as the same may be amended or modified from time to
time and including any and all written instructions given to "Escrow Agent" (hereinafter defined)
pursuant hereto, this "Escrow Agreemenf') is made and entered into as of
20gby and among SLC-Laurence,LLC, a Delaware limited liability company ("Owner"), TIIE
BOARD OF COI.INTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO
("County"), and PITKIN COIJNTY mLE, INC., a Colorado corporation ("Escrow Agent").
RECITALS
A. As of the date hereof County has granted final plat approval for the Final Plat of
The Ranch at Coulter Creek, P.U.D. ('Final Plat') and in corurection therewith Owner and County
have entered into a Subdivision Improvements Agreement for The Ranch at Coulter Creek, P.U.D.
(the "SIA"), a copy of which is attached hereto as Exhibit A.
B. In accordance with paragraph 7 of the SIA, Owner has agreed to execute and
deposit into escrow a Quit Claim Deed (Steets and Roads) conveying the steets and roads within
the Final Plat to The Ranch at Coulter Creek Homeowners Association ("Association"), a Quit
Claim Deed (Open Space) conveying the open space parcels depicted on the Final Plat to the
Association, and a Quit Claim Deed (Water Rights) conveying certain water rights to the
Association (collectively, the "Deeds').
C. Owner and County have requested Escrow Agent to act as the Escrow Agent under
this Escrow Agreement, and Escrow Agent, subject to the terms and conditions hereof; has agreed
so to do.
NOW, THEREFORE, in consideration ofthe premises andmutual covenants and
agreements contained herein, the parties hereto hereby agree as follows:
l. Appointment of Escrow Agent. Each ofOwner and Countyhereby appoints Escrow
Agent as the escrow agent under this Escrow Agreement and Escrow Agent hereby accepts such
appointnent.
2. Deposit of Deeds. Upon execution of this Escrow Agreement, Owner will deliver
to the Escrow Agent the Deeds to be held by Escrow Agent in accordance with the terms hereof.
3. Recording of Deeds.Escrow Agent shall hold the Deeds in escrow until the earlier
to occur of: (i) receipt of a written notice signed only by Owner notiffing Escrow Agent that the
@&f8[,4'has,bmrmmiletod,g.d accepted by the Board of County
Commissioners of Garfield County; or (ii) receipt of a written d**ip.0"s$'hf*ths,BsruCnf
@Md6Cotmqr' #titdg ttat effi hao,,failed,to eonryty uli&tfliUtGftns
as*ffi; *(ii$ eembet }ti'}Ofr. Upon the first to occur of the foregoing
events, Escrow Agent shall cause the Deeds to be recorded in the records of the Garfield Cotlrty
Clerk and Recorder.
Docament Es crow Agr eement
SLC-LaurencelBOCC of Garfield County/Pitkin County Title
E:\WP-DOCSUarry GMIS@ l&d CouFtry\Escw Ag@mrl.3'1044.dd
4. Scope of (-lndertaking. Escrow Agent's duties and responsibilities in connection
with this Escrow Agreement shall be purely ministerial and shall be limited to those expressly set forth
in this Escrow Agreement. Escrow Agent is not a principal, participant or beneficiary in any
tansaction underlying this Escrow Agreement and shall have no duty to inquire beyond the terms
and provisions hereof. Escrow Agent shall have no responsibility or obligation of any kind in
connection wittr this Escrow Agreement or the Deeds and shall not be required to deliver the Deeds or
take any action with respect to any matters that might arise in connection therewith, other than to
receive, hold, and deliver the Deeds as herein provided.
5. Arhendmenf. These instructions may be altered, amended, modified or revoked in
writing only, signed by all of the undersigned parties hereto and approved by the Escrow Agent,
upon payment of all fees, costs and expenses incident hereto.
6. Transfer of Interest. No assignment, transfer, conveyance or hypothecation of any
interest in or to the subject matter of this Escrow shall be binding upon the Escrow Agent unless
and until written notice thereof is served upon the Escrow Agent and any fees, costs and
expenses incident to such transfer ofinterest shall have been paid.
7. Notices by Agent.Any notice required or desired to be given by Escrow Agent to
any other party to this Escrow Agreement may be given by mailing the same to such party at the
address noted below, or such changed address as may have been delivered in writing to the
Escrow Agent by the party whose address is to be changed. Notice so mailed shall for all
purposes hereof be as effectual as though served upon such party in person at the time of
depositing such notice in the mail.
Good Faith. The undersigned agree that the Escrow Agent shall not be held liable
for any act it may do or omit to do hereunder as such Agent, while acting in good faith in the
exercise of its best judgment. Any act done or omitted by it pursuant to the advice of its attorney
shall be conclusive evidence of such good faith.
/.\*i,rn",Yg. Notice to Agent and Court Orders.The Escrof eglnt i, fr"."Uy expressly
authorized and directed to disregard any notices or warningslgiven by and of the parties hereto,
or by any other person or corporation, excepting only orders or process of court, and is hereby
expressly authorized to comply with, and to obey any and all orders, judgments or decrees of any
court. In case the said Agent obeys or complies with any such order, judgment or decree of any
court, it shall not be liable to any of the parties hereto not to anyone else by reason of such
compliance, notwithstanding any such order, judgrnent or decree being subsequently reversed,
modified, annulled, set aside or vacated, or found to have been entered without jurisdiction.
10. IndemniJication.In consideration of the acceptance of the deposits and duties
under this Escrow Agreement by the Escrow Agent, the undersigned Owner agrees for itself, its
heirs, representatives, successors and assigns, to pay the Escrow Agent its charges hereunder and
to indemnity and hold harmless as to any liability by it incurred to any other person or
corporation by reason of its having accepted the same or in connection herewith, and agree to
reimburse it for all its expenses, including, among other things, counsel fees and court costs
incurred in connection herewith; and further agree that the Escrow Agent shall have a first prior
D o cament E s cr ow Agr e em ent
SLC-Laurence/BOCC of Garfield County/Pitkin County Title
E:\WP-DOCSU&y Glu\SllM lirt ComDaqy\Escw AtGm.nt3-10{4.d@
lien upon all deposits made hereunder to secure the performance of said agreement of indemnity
and the payment of its charges and expenses. Escrow fees or charges, as distinguished from other
"*p"rrr.i hereunder shall be as written above the Escrow Agent's signature at the time of its
acceptance hereof.
11. Limitation on Esuow Agent's Liabilities. Escrow Agent shall be liable only for its
willful acts and misconduct with respect hereto. In the event any interpleader suit is brought
hereunder, Escrow Agent shall be reimbursed for all costs, expenses, and reasonable attorney's
fees, which it may expend or incur in any such interpleader suit, the amount thereof to be fixed in
the judgment thereon to be rendered by the court in such suit. Upon the filing of such suit,
Esciow egent shall be fully released and discharged from all obligations imposed by these
instructions.
12. Accommodation Only. Fffitllt€o\ryftrilitflnc. is holding this Escrow as an
accommodation only. If interpleading the documents becomes necessary, any attorney fees and
costs born by Pitkin County Title, Inc. shall be deducted from the amount of the Escrow or
interplead funds prior to any other disbursements. If these fees or charges exceed the amount of
the escrow, OwnLr agrees to immediately reimburse Pitkin County Title, Inc.
13. Disbursements.The Escrow Agent shall have seventy-two (72) hours to make any
disbursement required under this escrow agreement.
IN WITNESS WHEREOF the undersigned have hereunto affixed their signatures and hereby
adopt this Agreement this
-
day of-,20-.
OWITTER:
SlC-Laurence, LLC,
a Delaware limited liability company
By:
THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY
By:
Escrow Fee of $50.00/HOUR. Accepted and receipt of Deeds itemized herein are hereby
acknowledged.
PITKIN COT]NTY TITLE, INC.
601 E. Hopkins
Aspen, CO 81611
(e70) e2s-1766
By:
D o cament Es cr ow Agr e em ent
SLC-Lsurence/BOCC of Garfield County/Pitkin County Title
ElWP-DOC$Lary GM\SM Lel ComponfnEsw Agercnt3-10'{X.dc
Rrcnr-or-Wav Dnrn
THIS RIGHT-OF-WAY DEED, is made and granted this
-
day of 2004,
by SLC - LAURENCE, LLC, a Delaware limited liability company, GRANTOR, in favor of TrrE,
NOANO OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, WhOSE AddrESS iS 108 86
Street, Suite 213, Glenwood Springs, CO 81601, GRANTEE
WITNESSETH:
Grantor, for Ten Dollars ($10.00) and other good and valuable consideration in hand paid, the
receipt and sufficiency of which is hereby acknowledged, hereby grants and conveys to Grantee, all of
the pioperty depicted and identified as ROW 115 on the Final Plat of the Ranch at Coulter Creek, PUD
ar."coidrd in the offrce ofthe Garfield County Clerk and Recorder on ,2004,
as Recepion No. _. Pursuant to the within grant, Grantee, shall be entitled to make
use ofthe propery herein Conveyed as public road right-of-way, subjectto the right ofappropriate public
and privaie utility companies and The Ranch at Coulter Creek Homeowners Association, upon proper
application and receipt of a Road and Bridge Deparbnent permit, to utilize said public road right-of-way
as an irrigation and utility easement.
Grantor hereby warrants that Grantor has full power and authority to grant the right-of-way
herein conveyed and that said real property is free and clear of any mortgages, deeds oftrust, and other
encumbrances.
The provisions of this Right-of-Way Deed shall be binding upon and inure to the benefit ofthe
parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the Grantor has executed this Deed of Easement the day and year
first written above.
SLC . LAURENCE,LLC,
a Delaware limited liability company
By:
STATE OF COLORADO
COUNTY OF GARFIELD
)
) ss.
)
Subscribed, swornto, and acknowledged before me this
as
2004,
ofSLC.LAURENCE,LLC,
day of
by
a Delaware limited liability company.
Witness my hand and official seal.
My commission expires:
ENVP-DOCSI,,y G@\Sre Lrfll Compuy\Rithl of Way D@d.3-10'04.wpd
Notary Public
Upon Recording Return to:
Lawrence R. Green, Balcomb & Green, P.C.
BIB Colorado Ave., Glenwood Springs, CO 81601
Qurr Cr,,q.rM DnEn
(Streets and Roads)
Tlrrs DEED, made this _ day of March,zoo4,between slC-Laurence, LLC,
a Delaware limited liability company, ("Grantor") and rrfE RANCH AT couLTER
CREEK IIOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, ("Grantee"):
WnNrssETH, That the Grantor, for and in consideration of the sum of Ten and No/l00ths U.S. Dollars
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and
Qulr Curu unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand
which the Grantor has in and to the real property, together with improvements, if any, situatg lying and being in
the County of Garfield and State of Colorado described as follows:
All streets and roads, excluding any and all portions of Garfield County Road No. I 15 right-of-
way, depicted on the Final Plat of The Ranch at Coulter Creek, P.U.D., as recorded in the records
of the Garfield County Clerk and Recorder on ,2004, as Reception No.
TollavraNDToHOLDthe same,togetherwithall and singularthe appurtenances andprivilegesthereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, ofthe
Grantor, either in law or equrty, to the only proper use, benefit and behoof ofthe Grantee, its successors and assigns
forever; subject to the right of all public utility companies to utilize said streets and roads as perpetual, non-
exclusive utility easements; the right of all emergency vehicles to make use of such streets and roads in all
reasonable circumstances; Deed of Access Easement granted to the Carbondale and Rural Fire Protection District
as recorded in the records of the Garfield County Clerk and Recorder on _, 2004, in BookPage,.,asReceptionNo.-;DeedofAccessEu'.*ffiunty3heriffas
recorded in the records of the Garfield County Clerk and Recorder on 2004,inBook ,
Page
-,
as Reception No. ; and United states patent Reservations.
IN WITNESS WHEREoF, the Grantor has executed this deed on the date set forth above.
SlC-Laurence, LLC
a Delaware limited liability company
Upon Recording Rehtrn to:
Lawrence R. Green, Balcomb & Green, P.C.
818 Colorado Ave., Glenwood Springs, CO 81601
Qurr Cr,arvr Dnno
(Open Space)
TIils DEED, made this _ day of March,Z}}4,between SlC-Laurence, LLC,
a Delaware limited liability company, ("Grantor") and THE RANCH AT couLTER
CREEK HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, (o'Grantee"):
WITNESSETH, That the G:antor, for and in consideration of the sum of Ten and No/100ths U.S. Dollars
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
remised, released, sold, conveyed and QUIT CLAr[,mD, and by these presents does remise, release, sell, convey and
Qurr Craru unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand
which the Grantor has in and to the real properly, together with improvements, if any, situate, lying and being in
the County of Garfield and State of Colorado described as follows:
Tracts A, B, C, D, E, F and G as set forth on the Final Plat, The Ranch at Coulter Creek, P.U.D.
recorded in the records of the Garfield County Clerk and Recorder on 2004,as
Reception No.
ToILc'vrANDToHoLDthe same,togetherwithall and singularthe appurtenances andprivilegesthereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatioever, ofthe
Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns
forever; subject to a Deed of Conservation Easement granted to the Aspen Valley Land Trust as recorded in the
records of the Garfield County Clerk and Recorder on 2004, in Book , Page _,
as Reception No.-; to all public and private easements depicted on the above referenced Finat ptat for
The Ranch at Coulter Creek P.U.D. for access, utility, inigation or other specific purposes as set forth on said Plat;
and United States Patent Reservations.
lN WrivBss WHrREor, the Grantor has executed this deed on the date set forth above.
SlC-Laurence, LLC
a Delaware limited liability company
By,
Name:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE RANCH AT COULTER CREEK P.U.D.
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
TFIE RANCH AT COULTER CREEK P.U.D. (the "Declaration") dated as of the
-
day of
2004, shall be effective upon recordation and is made by SlC-Laurence, LLC, a
OAu*are limited liability company authorized to transact business in the State of Colorado (the
'lDeclarant").
ARTICLE I
PT]RPOSE OF COYENANTS
This Declaration shall govern and be applicable to that certain real property situated in
Garfield County, Colorado (the "County"), known as The Ranch at Coulter Creek P.U.D' and
more particularly described on Exhibit A, attached hereto and incorporated herein by reference
(the "-Common Interest Community") consisting of a maximum of twenty-six (26) lots (the
'i1,ots"), as defined and described in the final plat for the Common Interest Community (the
"Final Plat") recorded in Book Page
-,
as Reception No. in the
Office of the Clerk and Recorder of Garfield County, Colorado. The Common Interest
Community shall not include any portion of the County Road 115 right-of-way depicted on the
Final Plat. It is the intention of Declarant, expressed by its execution and recordation of this
Declaration, that the lands situated within the Common Interest Community be developed and
maintained as a highly desirable scenic residential area with a strong sense of security,
neighborhood and community. It is the purpose of this Declaration to create rules and a decision
making process to strengthen the community within the Common Interest Community, to
preserve the present natural beauty, character and views of the Common Interest Community to
the greatest extent possible, and to protect the Lots as much as possible with respect to uses,
structures, landscaping and general development within the Common Interest Community. This
Declaration shall be a burden upon and run with all of the lands situated within the Commbn
Interest Community.
ARTICLE II
OWIYERS; IIOMEOWI\IERS ASSOCIATION
1. Membership. All natural persons, entities and other persons (including, without
limitation, Declarant), who shall own andlor acquire all or part of the fee simple title to any of
the Lots, by whatever means, shall be referred to herein as "Owners." Each person or entity who
is or shall be the Owner of a Lot, or if more than one (1) person or entity, all natural persons,
entities and other persons, collectively, who are or shall be the Owners of a particular Lot, shall
be referred to herein as a "Member." Each Member automatically shall be considered to have,
for each Lot(s) such Member owns, one (l) membership interest in The Ranch at Coulter Creek
Homeowners Association, a Colorado non-profit corporation (the "Association"), in accordance
with the Articles of Incorporation of the Association, which have been filed with the Colorado
Secretary of State, as the same hereafter may be amended from time to time (collectively, the
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page I of27
"Articles"). Each Owner and Member shall be entitled to the privileges and obligations
enumerated in this Declaration, the Articles and the Bylaws of the Association, as the same now
exist or as they hereafter may be amended from time to time (collectively, the "Bylaws").
2. Purpose. The Association shall be authorized and empowered to take each and
every step necessary and/or advisable to implement and enforce this Declaration. The
Association also shall have the right and responsibility to operate, maintain, regulate, preserye,
repair, replace, keep and otherwise protect and promote the interests of the Owners and the
Aisociation with respect to atl common property rights and interests of the Owners and the
Association within the Common Interest Community (the "Common Areas"). By way of
example, the Association shall maintain, repair, regulate and keep all roads and easements within
the Common Interest Commurity in good, safe and usable condition to the extent that such may
be reasonably necessary, feasible and/or advisable, and the Association may own, operate,
maintain, repair and replace the potable water system serving the Common Interest Community.
The Association may enter into agreements with third parties for the maintenance, regulation,
preservation, repair, replacement and/or upkeep of any of the Common Areas. All costs and
L*p"rs"r incurred by the Association in connection with any of the foregoing shall be borne by
thJ Members and shall be assessed to the Owners, as more fully provided in this Declaration.
3. Notice. Any notice permitted or required to be given under this Declaration
should be in writing and may be given either personally or by mail, telephone or facsimile. If
served by mail, each notice shall be sent postage pre-paid addressed to any Member at the
address given by such Member to the Association for the purpose of service of such notice, or to
the Lot of such Member if no address has been given to the Association and shall be deemed
given, if not actually received earlier, at 5:00 p.m. on the second business day after it is deposited
in a regular depository of the United States Postal Service. Such address may be changed from
time to time by notice in writing to the Association.
ARTICLE III
USE RESTRICTIONS
1. Permitted Uses. Only one (1) single-family dwelling, together with structures
appurtenant or accessory thereto, shall be constructed on any Lot. The minimum size of any
single-family dwelling shall be two thousand (2,000) square feet of floor'area, exclusive of
basements, open porches, decks, carports and garages. The maximum size of any single-family
dwelling shall be eight thousand (8,000) square feet of floor 4rea, exclusive of garages, storage
and utility areas, except for Lots I and 2, which shall be limited to twelve thousand (12,000)
sqnare feet offloor axea.
2. Duplexes/lVlulti-Family Structures. Duplexes and multi-family structures shall
be prohibited in thi Common Interest Community. An accessory dwelling unit constructed on a
particular Lot, whether or not attached to a single-family dwelling, shall not cause the structures
on such Lot to be considered a duplex or multi-family structure
3. Outbuildings. Accessory buildings, including without limitation, greenhouses,
tool sheds, work areas, deiached garages and similar structures, shall be permitted within the
Declarotion of Protective Cwenants for
The Ranch at Couher Creek P.U.D.Page 2 of27
Common Interest Community; provided, however, that no individual accessory building shall
exceed one thousand two hundred (1,200) square feet of floor area; and, frrther, provided,
however, that the total square footage of accessory buildings on any single Lot shall not exceed
one thousand eight hundred (1,800) square feet of floor area. No such accessory building shall
exceed eighteen (18) feet in height at the ridgeline. No accessory building shall contain living
facilities Jr be used as a dwelling unit; provided, however, that accessory buildings may contain
bathrooms.
ARTICLE IV
ARCHITECTURAL COMMITTEE
1. Architectural Committee. An architectural committee (the "Architectural
Committee") shall be formed from among the Members in accordance with the remaining
provisions of this paragraph (the "Architectural Committee"). The Architectural Committee
inat 69 comprised of three (3) natural persons. Prior to Declarant's sale of three (3) Lots,
Declarant from time to time may appoint and remove the members of the Architecttral
Committee in Declarant's sole discretion, and the Board of Directors of the Association (the
I'Board of Directors") shall have no authority to remove any such member so appointed. Uaon
the sale of the third (3rd) Lot, any new members of the Architectural Committee shall be
appointed by the Board of Directors of the Association. The persons serving on the Architectural
io-mmi6ee rhull r.*r at the pleasure of the Board of Directors, who may remove any member
of the Architectural Committee, other than a member thereof appointed by Dectarant, md
appoint a new member thereto at any time, so long as, at all times, there shall be three (3) natural
plironr serving on the Architectural Committee. The members of the Architecttnal Committee-ulro *uy, bui do not have to, be members of the Board of Directors. Members of the
Architectural Committee shall have and exercise all of the applicable powers, duties and
responsibilities described in this Declaration. All meetings of the Architectural Committee shall
be held at the principal office of the Association or at such other place(s), within or without the
State of Colorado 1th. "St t."), * from time to time may be determined by the members of the
Architectural Committee. The Architectural Committee shall not be obligated to hold regular
meetings, but rather, shall meet as necessary to conduct the business- of the Architectural
Committee. All members of the Architectural Committee shall be provided at least ten (10) days
advance written notice of all Architectural Committee meetings, which notice shall include the
place, date and time thereof.
Z. Approval by Architectural Committee. No improvements of any kind,
including, but nbi fimited to, dwelling units, greenhouses, garages, tool sheds, work areas,
fences, iiull*, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals,
flagpoies, curbs and walks (collectively, "Improvements") shall be constructed, erected, altered
or f,.r*itt d to remain within the Common Interest Community, and no excavating, tree cutting
and clearing or landscaping shall be done within the Common Interest Community, unless the
plans (as hJreinafter dehned) for such construction, erection, alteration, excavation, cutting and
clearing and/or landscaping first shall have been approved by the Ar6hitectural Committee prior
to the corlmencement of any such work, except as Declarant may be specifically permiued to do
by this Declaration or required to do by any subdivision improvement agreement, between
Declarant and the County.- In particular, but without limiting the generality.and scope of the
Declaration of Protective Covenants for
Tlrc Ranch at Coulter Creek P.U.D.Page 3 of27
foregoing, no roof may be placed on any structure within the Common Interest Community,
unless the finished exterior material and color of such roof first shall have been specifically
approved by the Architectural Committee. Revegetation of all in fills and cuts will be required.
Plans addressing the revegetation of in fills and cuts shall provide for adequate weed control, the
use of native grasses, shrubs or trees, and the use of certified, weed-free seed. Such Plans shall
be submitted to the Architectural Committee prior to any excavation, ffid the Architectural
Committee's approval of such Plans shall be required before such excavation shall commence.
No Improvement shall be constructed, erected, altered or permitted to remain, and no
excavating, tree cutting and clearing or landscaping shall be done, within the Common Interest
Community, unless and until at least. three (3) complete sets of the architectural and site
development plans and specifications for such work shall have been submitted to the
Architectural Committee, along with a grading and drainage plan, a soils and foundation report
and a design for an individual sewage disposal system (an *ISDS") for such work, all prepared
and certified by a professional engineer licensed in the State, and a fire management plan for
such work that shall be consistent with the provisions hereof and Plat Note No.10 of the Final
Plat and shall have been approved by the Carbondale and Rural Fire protection Distict, and a
complete list of atl finished exterior materials and colors, if any, to be used in connection with
such work (all of the foregoing shall be referred to herein, collectively, as the "Plans"). All
copies of the Plans shall be signed and dated for identification by the relevant Owner or such
Owner's architect. The Architectural Committee at any time shall have the right to request any
and all additional plans, specifications, reports and other information that it shall deem necessary
andl or advisable to evaluate the development contemplated by any Plans presented to the
Architectural Committee for consideration. The Architectural Committee also may adopt rules
and regulations identifring certain additional reports, plans, specifications and/or other
information that shall become required to be reviewed by the Architectural Committee and,
therefore, included as pafi of the Plans for all purposes hereunder. The Architectural Committee
shall not unreasonably withhold, condition or delay its approval of any Plans. The majority vote
of the full membership of the Architectural Committee then in office shall be required for the
approval of any Plans, pursuant to this paragraph; provided, however, that the vote of two (2)
members of the Architectural Committee to disapprove any Plans shall constitute disapproval of
such Plans. In the event that the Architectural Committee shall disapprove any Plans, the person
or entity submitting such Plans may appeal such disapproval at the next annual or special
meeting of the Members of the Association, where a vote of seventy-five percent (75%) of the
voting Member:s shall be required to reverse a previous decision of the Architectural Committee
to disapprove such Plans.
3. Improvements - Site Location. All Improvements shall be constructed within
the approved building envelopes depicted on the Final Plat (the "Building Envelopes"). The
building envelopes for Lots ll, 12,13, 14,15 and 16 have been located along the View Shed
Setback Line, ai delineated on the Final Plat, so that a2l-foothigh building located within each
envelope should not be seen from Cattle Creek Road. No Improvements, other than fences or
walks, shall be constructed on slopes of forty percent (40W or greater.
4. Building Permit. An Owner may apply for a building permit from the Garfield
County Building and Planning Department (the "Building Department") at any time; provided,
Declaration of Protective Cinenants for
The Ranch at Coulter Creek P.U.D.Page 4 of27
however, that the plans for a proposed development within the Common Interest Community that
shall be approved by the Building Department shall not differ in any substantial way from the
Plans approved by the Architectural Committee for such development. If the plans for such
development that shall be approved by the Building Department shall differ in any substantial
way from the Plans for such development approved by the Architectural Committee, then all
approvals of the Architectural Committee with respect to such Plans shall be deemed to have
been automatically revoked.
5. Variances. Unless specifically prohibited by a provision of this Declaration, the
Architectural Committee, by an affirmative vote of a majority of the full membership of the
Architectural Committee then in offrce, may allow reasonable variances to any of the covenants
and resfrictions governing architectural control contained in this Declaration and/or the policies
or rules promulgated by the Architectural Committee, upon such terms and conditions as the
Architectural Committee shall require. However, no variance shall be granted that shall
contravene any provision of this Declaration that shall have been required by an approval
obtained by Declarant from the County for the Common Interest Community or that would
violate any provision of the Garfield County Land Use and Building Codes, Zonrng Ordinances
or other Garfield County regulations (the "Garfield County Regulations"). No variance shall be
granted, unless written notice of a request for such variance shall have been provided to all
Owners at least ten (10) days prior to the Architectural Committee hearing with respect to said
request for such variance, which notice shall be deemed effective when placed in the United
States mail, first-class postage prepaid, certified with return receipt requested, and addressed to
the last known address for each Owner that shall have been provided to the Association.
6. General Requirements. The Architectural Commiuee shall exercise its judgment
to attempt to ensure that all improvements, construction, alterations, excavating, tree-cutting and
clearing and landscaping within the Common Interest Community shall harmonize (to the
greatest extent possible) with the natural surroundings within the Common Interest Community
and with other Improvements within the Common Interest Community as to design, materials,
color, siting, height, grade, finished ground elevation of neighboring Lots and other design
features.
a. Materinls and Landscaping. The Architectural Committee shall stongly
recommend the use of exterior and roof materials that shall be non-reflective, with earth
tone finishes that shall blend in with the surrounding area. Roof materials that minimize
reflectivity shall be recommended. If metal roofs are proposed, options for treating the
material to minimize reflectivity shall be required. Existing vegetation shall be preserved
to the morimum extent possible in accordance with Paragraph 8 of Article V of this
Declaration. The Architechral Review Committee shall review all landscape plans.
Landscape Plans shall address grading, drainage, plantings and irrigation. The planting
of new vegetation to reduce the visual impact of structures on the surrounding area and
from other building sites within the Common Interest Community is recommended.
o'Xeriscape" landscaping, which emphasizes the use of indigenous foliage is also
recommended. The Architectural Committee shall place special emphasis on the review
of landscape plans and exterior finishes for Lots '1.,2,4,13,14,17,21 atd22 to ensure
Declaration of Protective Covenants for
The Ranch at Couher Creek P.U.D.Page 5 of27
that the visual impact of the proposed improvements thereon shall be minimized as
viewed from County Road 121.
b. Site Location. Subject to the provisions of Paragraph 3 of this Article IV,
the Architectural Committee shall exercise its judgment to attempt to preserve the natural
oharacteristics of each Lot, including tees, vegetation, particularly the Harrington's
penstemon, ffid the natural setting of each building site within the Common Interest
Community. The Architectural Committee shall evaluate the relationship of any
proposed Improvement to the topography, view sheds and relationship of structures
between existing and other potential Improvements within the Common Interest
Community.
c. Fencing. Due to the fact that wildlife does travel through the area,
fencing shall be kept to a minimum within the Common Interest Community. Barbed
wire and chain link fencing shall be prohibited within the Common Interest Community.
Only wood fencing shall be permitted within the Common Interest Community, with
limited exceptions that shall pertain specifically to gardens, kennels or other elements,
where a wood fence would not serve the purpose desired, such as to keep animals in an
enclosed area or to keep wildlife out of an enclosed area, and to other areas in close
proximity to the primary or secondary structure to be constructed on a particular Lot,
where a masonry fence or wall may be used in addition to wood to create privacy or to
provide visual screening. The type and location of all fencing must be approved by the
Architectural Committee. The Association and all homeowners need to adhere to
wildlife friendly fencing consistent with the Colorado Division of Wildlife approved
fences. Fencing on individual Lots shall be confined to the Building Envelope for such
Lot. For wire fencing, a maximum height of 48" with no more than 4 strands and a 12"
kickspace between the top two strands is suffrcient. Rail fencing should be held to'a
maximum height of 42" with at least 18" between two of the rails. Mesh fencing is
strongly discouraged, as it significantly impairs wildlife movement
d. Lighting. The Architectural Committee shall consider exterior lighting
plans and will require that all exterior lighting be opaquely shielded and pointed in a
downward direction towards the applicant's property. The Architectural Committee also
shall recommend that all Owners make every effort possible to limit the use of exterior
lighting, and encourage each Owner to build in such a manner that light sources shall not
be directly visible from the outside of such Owner's Lot. The intent behind these
considerations shall be to preserve the rural character of the Common Interest
Community by limiting exterior lighting as much as possible, while maintaining a safe
atnosphere within the Common Interest Community.
Noxious Weed. Control. All Owners shall abide by Colorado state law
and Garfield County regulations regarding the control of noxious weeds. Pursuant to the
Colorado Weed Management Act (C.R.S 35-5.5-101, et. Seq.), Garfield County has
adopted a Noxious Weed Management Plan for all unincorporated land within the County
andhas appointed a Weed Advisory Board, responsible for administering the Noxious
Weed Management Plan. The Colorado Noxious Weed Act requires that all property
Declaration of Protective Cwenants for
The Ranch at Coulter Creek P.U.D.Page 6 of27
owners use integrated methods to manage noxious weeds. The following is a list of
actions, which form an integrated strategy for controlling noxious weeds:
o Identiff your plants;
o Understand the target weed, and how it reproduces (by seed, roots or both);
. Develop site-specific weed treatnent/management plans in cooperation with
other individual land owners including The Ranch at Coulter Creek
Homeowner's Association, who is responsible for managing noxious weeds
on the private open space tracts within the Common Interest Community;
r Develop a long-term strategy for weed contol including regular monitoring of
treatnnent areas;
. Alleviate the situation, or practices, that allowed the weeds to spread; and
o Take the necessary action to eliminate the noxious weeds-
Garfield County offers advice and consultation regarding the control of noxious weeds.
The County also has information on its web page (http://www.earfield-
countv.corn/Veeetation) that will assist landowners in the process of implementing an
integrated strategy for controlling noxious weeds.
7. Guidelines for Sustainable "Green" Architecture
a. Energt Conservation Suggestions. The Common Interest Community is
located in a high mountain, semi-arid area, at an elevation of approximately 7,000 feet
above sea level-. Typically, temperaturqs are cold in the winter and cool during srunmer
evenings, and there-is a high temperature variation between daytime and nighttime in this
area, as temperatures range from the 40's F to 80's F in the suntmer and -10's F to 40's F
in the wintJr. Heating usually is required during a majority of months throughout the
year. Cooling needs can be met with appropriate design assets and liabilities for this
l1tr,ut.. As a result of the foregoing, it is important to consider the following guidelines
in designing a sfucture for this climate:
(i) Temperature is a liability when it is too cold for comfort.
Therefore, heat loss and air infiltration need to be controlled.
(i1) sun is an asset when it is too cold for comfort and a high
percentage of sunshine is available. Therefore, every atternpt should be made to
collect and store the sun's energy for nighuime use.
(iir) Wind is a liability when it is too cold for comfort. Therefore, it is
important io buffer structures from the wind, control wind with vegetation and
site features, and limit air infiltration.
(1v) Day to night temperature swings are assets. Therefore, storing heat
from daytime gains for heating during nighttime use in the winter is important.
Thermal masses are required for storage of this heat. These same thermal masses
Declaration of Protective Covenants for
The Raruh at Coulter CreekP.U.D.Page 7 of27
can be used to store cold from nighttime gains for cooling during daytime use in
the summer.
b. Building Orientationfor Sun and Wind. Based on the foregoing climatic
considerations, it is important to orient buildings for solar gain and design any overhangs
for protection from potential overheating in summer. Also, double lock entries should act
as buffers to limit air exchanges and drafts upon opening exterior doors.
c. Building Insulation and'Thermal Mass. It is important to insulate
buildings well to retain internal comfort. Code requirements ate a minimum and
additional insulation is recommended and cost effective for such purpose. Thermal mass
is critical to the thermal performance of any building. For example, it is required to
absorb the daytime heat gains and radiate those heat gains for nighttime use in the winter.
Without adequate thermal mass, the daytime heat gains would overheat the relevant space
dgring the daytime. Also, the same space would be colder in the nighttime, which would
*.ao ttut more heat would have to be generated by the mechanical system within the
structure. In general, thermal mass lessens the internal temperature swings and, thus,
provides better internal comfort.
. d. Roof and Wall Construction. Also, it is important to insulate exterior
' wall and roof construction well, preferably above code requirements, to provide a barrier
for air infiltration. Exterior wall surfaces should be permeable to allow moisture in such
walls to escape. Interior surfaces should be less permeable to allow interior moisttre that
shall enter the walls to escape through the exterior wall and not be driven back into the
interior or remain in the wall.
Windows. The highest quality windows one can afford should be used, as
windows can be the largest source of heat loss from a particular structure. Therefore,
windows with higher thermal insulation values would be recommended. Conductivity of
ttre window frame also is an important factor minimizing heat loss from a particular
structure. The best windows will have a rating with a low value. Steel or aluminurn
windows without a thermal break built into the frame should be avoided, since metal
frames can create condensation on the interior of the windows under certain conditions.
f. Environmcntally Sensitive Products. Indoor air quality is important to
human health. Products used for the construction and furnishing of a structtue should
contain no, or low levels of, Volatile Organic Chemicals. No materials should be used
that involve the use of Chlorofluorocarbons in the manufacturing thereof and no CFC's
should be used in connection with the operation of any mechanical equipment. If
possible, the use of Hydro Fluorocarbons that are being phased out should be avoided.
iroducts that contain Formaldehydes or involve the use of Formaldehydes in the
manufacfuring thereof including, without limitation, binders and adhesives, also should
be.avoided
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 8 of27
g. Energy Saving Products. Energy Star Rated appliances should be used to
save energy. Toilets should be 1.6-gallon low flush models. Low flow showerheads also
should be used. If possible, compact fluorescent lighting should be used to save energy.
h. Recycling. A construction waste management plan should be
implemented during the construction of each structure to recycle construction waste.
Items to be considered for recycling should include, but not be limited to, land clearing
debris, clean dimensional wood, pallet wood, plywood, Oriented Stand Board (OSB)
particteboard, concrete masonry units, cardboard, paper, metals, gypsum wall board,
puitt, glass, plastics, carpet and pad, beverages containers and batteries.
8. Requirements for Protecting Structures from Wildfire. Wildfire is a fact of
nature, and nothing can guarantee that persons or property within the Common Interest
Community will be free from injury or damage due to wildfire. As a result, all Improvements
shall be designed and constructed in accordance with the Wildfire Haz,ard Analysis and Wildfire
HazardMitigation plan attached hereto as Exhibit B. Adhering to the Wildfire Haz-ard Analysis
and WildfircHazad.Mitigation Plan shall minimize the possibility of ignition of Improvements
from wildfire. In addition to the requirements set forth in the Wildfire Hazatd Analysis and
Wildfire Hazard Mitigation Plan, the following design criteria shall be required with respect to
any Improvement to be constructed within the Common Interest Community
a. Construction SPecilications.
(i) Roofs: Roof construction and materials shall meet a fire resistalce
classification of "Class C" (as defined in the Uniform Building Code applicable to
the Common Interest Commtrnity) or its equivalent'
(ii) vents: Under-eave vents shall not be located near the wall, but
rather, near the roofline of any structure to prevent flames from entering such
structure through these openings. The vents shall be screened with corrosion
resistant, oorr.o*bostible wire mesh, with such mesh not to exceed, on a nominal
basis, one quarter inch (1/4") in size.
(iii) Glazed Openings: Dual pane or triple pane glaang or its
equivalent is recommended on all glazed openings'
(iv) chimneys and Flues: Chimneys and flues that serve solid fuel
appliances shall be provided with an approved spark arrester.
b. Defensible Space. Defensible space is defined as an area surrounding a
structure, where certain modifications shall have been made and restrictions imposed to
reduce or eliminate the presence of flammable material ("Defensible Space"). Minimum
. Defensible Space for the Common Interest Community is set forth in Paragraph 3 of this
Article IV. The Colorado State Forest Service recommends down slope fuel modification
for a distance of one hundred feet (100') or more for structures located at the top of steep
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 9 of27
slopes. The following fuel modification procedures shall be followed in connection with
the creation of any Defensible Space within the Common Interest Community:
(i) Large native trees, shrub $oups and clumps of small trees within
any Defensible Space shall be thinned to provide ten feet (10') of separation
between any vegetation canoPies.
(ii) New plantings shall be placed to maintain ten (10)
separation between any vegetation canopies upon the mature growth
plantings.
(iii) Grasses within the Defensible Space shall be mowed to a height of
four inches (4") or less.
(iv) All trees taller than eighteen (18) feet should have lower branches
pruned to a maximum height of six feet (6').
(v) Shrubs and trees shall be thinned along driveways to assure access
by emergency vehicles
(vi) If not enclosed within a fire resistant structure, woodpiles shall not
be located within thirty (30) feet of any structures, and flammable vegetation shall
be cleared for a distance of ten feet (10') around any woodpile.
(vii) Construction materials, leaves and flammable debris shall be
removed from any Defensible SPace.
(viii) Leaves and debris shall be removed from all roofs at least once a
year. Branches shall be separated from chimneys by at least ten feet (10'). All
liquid propane gas tanks shall be buried underground.
(ix) When implementing a plan to reduce flammable material around
structures, survey the area to be treated for the Ha:rington's penstemon and avoid
removing or tampling it.
g. Preliminary Approvals. Any Owner, who shall anticipate constructing or
modifuing Improvements on a Lot, or excavating, tree cutting and clearing or landscbping on a
Lot, may-submit preliminary sketches and/or plans thereof to the Architecttral Committee for
informj and preliminary approval or disapproval. All such prelimilary sketches and/or plans
should be submitted in at liast three (3) sets and should contain sufficient general information
with respect to those matters that would be required to be included in the complete Plans to
enable th" Ar.hit"ctural Committee to act intelligently in giving an informal and preliminary
approval or disapproval of such preliminary sketches or plans. The Architectural Committee
*r., shall be commiued or bound by any preliminary or informal approval or disapproval. The
preliminary approval process is offered as an accommodation only, ffid the Architectural
-Committee
may set fees to be charged for the provision of this service.
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.
feet of
of such
Page 10 of27
10. Architectural and Site Development Plans. The Architectural Committee shall
disapprove any plans submitted to the Architectural Committee that shall not contain sufficient
information for the Architectural Committee to exercise the judgment required of the
Architectural Committee by this Declaration
ll. Architectural Committee Not Liable. Neither the Architectural Committee nor
any member thereof shall be liable for damages to any person or entity submitting any Plans for
approval, or to any Owner or Owners of any Lot or Lots, by reason of any ac!i9n, fai-lyr.e-to a9t,
upp**f, 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 t" gor.*"d by this Declaration and any rules or
regulations duly adopted by the Architectural Committee, pursuant to this Declaration, the
eii"l"r and/or ihe Bylu*t
12. Written Records. The Architectural Committee shall keep and safegUard for at
least five (5) years complete written records of all actions of approval or disapproval, as well as
all other forma actions, taken by the Architectural Committee, pursuant to the provisions o_f_this
Declaration, including, without iimitation, one (l) complete set of the final version of any Plans
that shall have been approved by the Architectural Committee.
13. Authority to Promulgate Rules and Regulations. The Architectural Committee
may promulgate and udop rot"r and regulations necessary and/or advisable to implement this
Declaration. These rules and regularions may include submission requirements conceming the
type of reports, plans, specificati,ons and other information necessary and/or advisable to enable
tir" ar"friLctural Committee to make an informed decision as to requests for approval of any
Imprwement to be constructed, erected, altered and/or permitted to remain, and/or any
excavation, tree cutting and clearing or landscaping, within the Common Interest Community'
14. Wildtife Enhancement and Protection. In addition to the requirements set forth
throughout this Declaration, the following wildlife habitat mitigation measures shall be required
ana sf,a11 be followed by all Owners within the Common Interest Community:
a. If hay will be stored on site, a stack yard shall be constructed to keep
wildlife out.
b. The open space and land adjacent to BLM shall be closed to dog use
during the winter *onthr. During constructiron of the residences, contactors shall not be
allowed to have dogs on site.
c. owners shatl install bear-proof dumpsters or trash bins.
d. The Colorado Division of Witdlife is not liable for damages to
landscaping from wildlife'
Declaration of Protective Covenants for
The Ranch at Coulter Creelc P.U.D'Page 11 of27
Notwithstanding anything contained in this Declaration to the contrary, the requirements
set forth in this Article IV, including, without limitation, those contained in Paragraphs 3, 6,7
and 8 hereof, are intended to reduce the risk of damage or injury from wildfire based on
information available as of the date hereof, without representation or warranty of any kind. On
the other hand, such requirements are merely guidelines that have been identified based on such
available information and shall not limit or otherwise restrict in any mElnner the right of the
Architectural Committee to approve or disapprove any Plans in accordance with the applicable
terms and conditions of this Declaration. Thus, the Architectural Committee shall not otherwise
be committed or bound by any such requirements, and such requirements, as well as any
submission requirements concerning the type of reports, plans, specifications and other
information necessary and/or advisable to enable the Architectural Committee to make an
informed decision regarding requests for approval of any Improvement to be constructed,
erected, altered and/or permitted to remain, and./or any excavation, tree cutting and clearing or
landscaping, within the Common Interest Community, which are in effect as of the date hereof,
may be modified by the Architectural Committee, pursuant to the authority granted to the
Architectural Committee in Paragraph 13 of this Article IV.
15. Geologic Hazaril Mitigation. The following geologic hazard mitigation
measures shall be adhered to:
The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP
GeoTech") outlined in the Preliminary Geotechnical Study for the Subdivision dated February
28,2003, [Job No. 103 115] shall be adhered. These Preliminary Design Recommendations
include prwisions for foundations, floor slabs, under-drain system, site grading, surface drainage
and pavement subgrade.
b. In addition to the drain systems for foundations recommended by HP
GeoTech, due to the presence of swelling clay soils, perimeter drains should be installed around
foundations. Perimeier drains prevent excessive ground moisfure from saturating the soils and
thus reduce the over potential for expansion or consolidation.
c. Due to the possible presence of radon gas in the area, testing for radon gas
shall be done when the residences and other occupied structures have been completed, prior to
the isstiance of a Certificate of Occupancy.
ARTICLE V
RESTRICTIONS AI{D PROTECTIVE COYENAI\ITS
1. No Further Subdivision of Lots. No Lot ever shall be subdivided further into
smaller lots or conveyed or encumbered in less than the full dimensions as shown on the Final
Plat; provided, however, that conveyances or dedications of easements, if pnrove^a by_the
Archiiectgral Committee, froy be made for less than the full dimensions of a Lot.
Notwithstanding the foregoing, a lot line adjustnent between two (2) Lots shall be allowed,
subject, however, to any reviews or approvals that may be required by the Garfield County
Regulations and the prior approval of the Architectural Committee.
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 12 of27
Delineation of Lot Boundaries. The boundaries of each Lot are delineated and
designated by an identifying number on the Final Plat. The Lot lines shown on the Final Plat
shall be the perimeter boundaries of the Lots.
3. Common Elements. Any and all portions of the Common Interest Community
designated on t11e Final plat as comrnon area or corlmon open space shall be owned by the
Association and shall constitute coflrmon elements as such term is defined in C.R.S. $ 38-33.3-
103(sxb).
4. Allocated Interests. Each Lot shall be allocated a common expense liability and
vote in the Association. The common expense liability shall be allocated equally amongst the
Lots, thus each Lot shatl be responsible for one-twenty-sixth (1126) of the cofllmon expense
tiaUiiitv. The Owner or Owners of each Lot shall collectively have one (1) vote in the
Association.
5. Domestic Animals. Except as expressly limited herein, domestic animals such as
dogs, cats, rabbits, caged birds and fish shall be permitted within the Common Interest
Co-mmunity, subject to-any rules and regulations that may be promulgated by the Board of
Directors. The open pasttring of horses shall not be allowed within the Common Interest
Community; provided, io*.r.r, that horses may be kept in a stable and a small corral upon any
Lot so long as the corral is not in a location that the Harrington's penstemon has been mapped.
If the p"oJt *on has been found, the location of the corral shatl be altered in order to seek to
avoid the penstemon. Other livestock, including, without limitation, cattle, llamas, goats, pigs,
sheep, chicken and other poultry, shall not be permitted within the Common Interest Community.
The Owner of each Lot shall be entitled to keep a maximum of one (1) mature dog,
which, for purposes hereof, shall be considered to be any dog older thal fgur (4) months of age.
nogs snAt'be kept under the control of the owner of such dog at all times and shall not be
p"riritt"a to run fr". o, to cause a nuisance within the Common Interest Community. No dog
,nat U" altowed beyond the bormdaries of the Lot of the owner of such dog or within the area of
any access, roadway, drainage or open space easement within the Common Interest Community
shown on the Finalplat, unliss acCompanied by a person in full control of such dog. All dogs
shall be leashed, chained, fenced, electrically kenneled or housed at all times. Dogs shall always
be on a leash outside of tire house footprint. Since cats are a major predator to small rodents and
birds, cats shall be kept indoors at all times
The Association shall have the right to assess and enforce penalties against any Owner
that shall be in violation of the restrictions applying to dogs as specified herein and/or in any
applicable rules and regulations promulgated by the Board of Directors. Should any dog be
fo,nd chasing any or motesting any deer or elk, or any domestic animal or livestock of any
Owner, otheithan the owner of tn" dog in question, the Association shall be authorized to
prohibit such Owner from continuing to maintain the offending animal on the Lot of such
b*"r. If such Owner shall refuse or be unable to remove the offending dog from such Lot, the
Association may dispose of such dog, if necessary, to protect wildlife or other Owners' domestic
animals or livestock.
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 1j of27
The portion of the Lot in which an Owner shall keep any animals, pursuant to the
provisions hlreof, shall be kept reasonably clean and free of refuse, insects and waste at all
times. No commercial generuiiorrr or animal breeding activities of any kind shall be permitted
within the Common Interest Community.
Notwithstanding the foregoing, no animal may be kept within the Common Interest
Community (whether oi not within a structure) which, in the good faith judgment of the Board of
Directors, would be obnoxious, and/or result in an annoyance, to any Owner or other resident in
the vicinity of the Common Interest Community.
6. Underground Utility Lines. All water, electrical and telephone lines, within the
Common Interest Community, shall be buried underground beneath Common Interest
Commtrnity roads and driveways, County Road 115, or in such other locations that shall seek to
avoid the i{arrington's penstemon, and shall not be carried on overhead poles or in any way
above the surface of the ground. Any areas of natural vegetation and/or terrain within the
Common Interest Community disturbed by the burying of utility lines shall be revegetated by,
and at the expense of the Owner(s) that shall have caused the installation of the utilities, no later
than the nextgrowing season following the installation of such vegetation and/or terrain.
7. Service Yards and Trash. Equipment, service yards and/ot storage piles may be
permitted on any Lot during any construction that shall take place on such Lot, so long as such
iacilities fust shall have been approved in writing by the Architecttral Committee- Otherwise,
no lumber, metals, equipment oi U"tt materials shall be kept, stored or allowed to accumulate on
any Lot, other then within an accessory building that first shall have been approved in writing by
*re ercfritectgral Committee. All scraps, refuse and trash shall be removed from each Lots
immediately after the completion of any.construction that shall take plme on such Lot. Burning
of any construction materials within the Common Interest Community sldl be prohibited.
8. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating
and/or dri1ing for any r.rUrt*""r within the earth, including, withoil timitation, oil, gas,
minerals, gravel, sand, iock and soil shall be prohibited within the Common illuest Community.
9. Central Water System. Domestic in-house and lawn and gardca irrigation watet
services for the Common Interest Community shall be provided by a central \^rater system, which
shall consist of one (1) or more underground water wells, along with all physicd infrastructure
and appurtenant structtres used for or pertaining to the delivery of walcr to the Lots
(collectively, the o'Central Water System'). The Central Water System shall not include the
individual water service line extensions from the main water line of the Central Tl*cr Sy,step to
the Building Envelope on each Lot. Declarant, at its sole cost and expense, shdl take all action
reasonably ,r".rrrury to construct the Central Water System. Each Lot Owner shall ensure that
* upp-priate individual water service line shall be extended from the main linc of the Central
Water System to the Building Envelope on the Lot(s) of such Owner. Upon completion of the
initial installation of the Central Water System, Declarant shall convey thc same to the
Association, along with all easements and water rights associated with or used in conjunction
with the Central Water System and/or the Plan for Augmentation decreed in Case No. 02CW108,
Water Division No. 5 (the "Augmentation Plan"). Declarant shall assign any and all well
Declaration of Protective Covenants for
The Ranch at Coulter Creek P'U.D.Page 14 of27
pernits issued by the Office of the Engineer of the State of Colorado (the "State Engineer's
bffice"; associated with or used in conjunction with the Central Water System ("Well
Permit(s)"). From and after such conveyances and assignments, the Association shall be solely
responsible for all costs and activities necessary and relating to the operation, maintenance,
improvement, repair, relocation, enlargement and./or replacernent ("OMR") of the Central Water
System, as well all costs and activities necessary and relating to maintaining the Well Permit(s),
the Augmentation Plan and any other water right approval associated with the Central Water
Systern These later activities shall include, among other things, Water Court filing for Findings
oi Reasonable Diligence or To Make Absolute athibutable to any conditional water rights
associated with the Central Water System and maintaining and/or renewing any Well Permi(s)
for wells serving the Central Water System, as well as any other actions necessary to comply
with and maintain the water rights associated with the Central Water System. OMR activities
shall include, among other things, ffiy and all actions necessary for the upkeep and improvement,
if necessary, of the physical infrastructure comprising the Cental Water System.
Each Owner shall be required to construct, at such Owner's expense, all connections to
*re Central Water System. Each Owner thereafter shall be responsible for all OMR costs
associated with such connections to the Central Water System.
Use of water provided by the Central Water System on each Lot shall be subject to ltre-
terms and conditionr bf th. Augmentation Plan. Accordingly, each Lot will be allowed a total of
ten thousand (10,000) square feet of lawn, garden and landscape irrigation from water provided
by the Central Water System. The Association or its designated agent shall be solely responsible
for ensr.ping that water use within the Common Interest Community shall conform to the terms
and conditions of the Augmentation Plan, which shall include the responsibility for storing and
causing water to be released from any on-site augmentation structure and/or effectuating the
releasJof water from any off-site augmentation structure, when such release shall be required by
the Division Engineer for Water Division 5 of the State Engineer's Office to satisff senior
downstream water rights.
There hereby is created and reserved a perpetual, non-exclusive easement fifteen feet
(15') in width ttrat snm encompass the infrastructur.e comprising the Central Water System for
th" porpore of the construction and OMR of the Central Water System, expressly shall include a
right oi access in, on, over and across each Lot to the extent the Central Water System shall be
lo-cated on such Lot, which easement more particularly shall be described on the Final Plat.
However, in no event shall such easement be allowed to traverse a Building Envelope on any
such Lot. To the extent such easement shall traverse any Lot, the Owner of such Lot shall be
responsible for any objects, improvements, landscaping or the like placed on or over any such
easement, and neither Declarant nor the Association shall have any obligation to restore the
surface of such easement to the condition that existed prior to any surface land disturbance of
any kind caused or created by the use of such easement.
10. Individual Sewage Disposal Systems. Sewage disposal for the Common Interest
Community will be by effectuaied by an ISDS, which typically would consist of a septic tank
and leach field for each dwelling unit constructed on each Lot, pursuant to the terms and
conditions hereof. Each ISDS shall be designed and constructed in accordance with the
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 15 of27
regulations of the County and the State in effect at the time of such construction. Each ISDS
strall be designed and located to minimize tree removal, seek to avoid the Harrington's
penstemon, and changes to the natural contours of the land. Responsibility for the construction
and OMR of each ISDS shall rest with each Owner, and the OMR of such ISDS shall be
performed in accordance with applicable regulations of the County and the State. At a
minimum, each septic tank shall be pumped at least every three (3) years. In the event that any
Owner shall fail to properly perform the OMR of the ISDS serving such Owner's Lot, the
Association shall have the authority to perform such OMR and charge the cost thereof to such
Owner as a Special Assessment (as hereinafter defined), but shall have no obligation to do so.
11. Trees and Other Significant Plants. No Owner shall remove any healthy, living
tree within the Common Interest Community, without first having obtained the prior written
approval of the Architectural Committee. All construction, erection, alteration, excavation, tree
.rrtting and clearing and landscaping to be performed on any Lot shall seek to avoid the
Harrington's penstemon, minimize the removal, and maximize the preservation, of trees to the
greatest extent possible consistent with requirements for a Defensible Space, wildlife protection
*a tfr" rearorrabl" immediate plans of the Owner of such Lot to improve, develop or redevelop
such Lot.
12. Hunting. The Colorado Division of Wildlife shall be allowed on the property for
the purpose of bear and lion control. Hunting in this circumstance shall only be allowed.
ffu,iting shall otherwise be prohibited throughout the Common Interest Community.
ARTICLE VI
ADDITIONAL RESTRICTIONS ON LOTS
1. Number and Location of Buildings. No structures or other Improvements of
any kind shall be constructed, erected, altered or otherwise placed or permitted to remain on any
Lot, except as first shall have been approved by the Architectural Committee.
2. Completion of Construction. Any construction activity that shall take place on
any Lot shatl be completed, fully cleaned up and landscaped within eighteen (18) months from
the issuance of a building permit with respect to such construction, unless the Owner of such Lot
first shall have obtairr"d u written variance from the Architectural Committee to allow for a
period of construction in excess of such l8-month period. In the event an Owner shall not have
secured a written variance to allow for a period of construction in excess of eighteen (18) months
from the issuance of a building permit with respect to such construction, and such construction
shall not have been completed prior to the expiration of such l8-month period, the Board of
Directors shall have the right to charge to such Owner, as a Special Assessment, a fine in any
amount the Board of Directors shall deem appropriate, but shall have no obligation to do so.
3. Used or Temporary Strucfures. Except within an enclosed garage, no used or
previously erected or temporary house, structure, mobile home, manufactured home or trailer
rt utt t" iermitted oo any Lot; provided, however that the foregoing prohibition shall not be
interpreted as a general prohibition against modular construction of Improvements within the
Common Interest Comrnunity in accordance with the remaining terms and conditions hereof.
Declaration of Protective Covenants for
The Ranch at Coulter CreekP.U.D.Page 16 of27
Furthermore, the foregoing prohibition shall not apply to construction trailers, which shall be
permitted for eighteen (18) months from the date of coflrmencement of construction, or until a
Certificate of Occupancy shall have been issued with respect to the structure that shall be the
subject of, such construction, whichever first shall occur; provided, however, that any such
construction trailer only may be used for construction, office and storage purposes, and shall not
be occupied as a residence for any period of time.
4. Enclosure of Unsightly Facilities and Equipment. All unsightly structures,
facilities, equipment and other items, including, but not limited to; any motor home, trailer,
camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or
garden equipment and any similar item, except when in actual use, shall be kept and enclosed at
all times within a solid structure sufficient to screen such items from view from any common
roads and neighboring homes to the greatest extent possible. Any propane or other fuel storage
tanks shall be buried underground. Any storage piles, refuse or trash containers, utility meters
and other facilities shall be enclosed within a structure or shall be appropriately screened from
view by planting or fencing approved in writing by the Architectural Committee, which
screening shall be adequate to conoeal the same from neighbors, streets and private roads.
5. Noxious Fumes, Offensive Activity or Sounds. No activity resulting in noxious
or offensive behavior or sounds shall occur within the Common Interest Community at any time,
and nothing shall be done or permitted that, by sight or sound, may be a nuisance to any other
Owner; provided, however, that the Board of Directors may authorize in writing the use of sound
and sound devices to confiol or manage wildlife,livestock or domestic animals.
6. Air Quality Restrictions. In order to protect against the degradation that could
occur to air quality as a result of the utilization of wood-burning devices, the following
restricfions shall apply within the Common Interest Community:
a. No open hearth solid fuel fireplaces will be allowed anywhere within the
Common Interest Community. One (1) new solid-fuel buming stove as defined by
C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in
any dwelling unit within the Common Interest Community.
b. All dwelling units within the Common Interest Community will be
allowed an unrestricted number of natural gas burning fireplaces or appliances.
7. Firearms. The discharging and/or shooting of firearms shall be prohibited witttin
the Common Interest Community.
8. Commercial Activities. Neither the conduct of any commercial activities nor the
storage of materials, goods, equipment and/or other items used or associated with commercial
activities shall be permitted within the Common Interest Community; provided, however, that
personal vehicles with a business nurme placed thereon shall be allowed within the Common
Interest Community, and Owners shall be permified to maintain an office on their respective
Lots, so long as no services shall be provided that shall result in the general public coming to
such Lot on a regular basis.
Declaration of Protective Cwenants for
The Ranch at Coulter CreekP.U.D.Page 17 of27
9. General Restriction. All Lots shall comply with restrictions contained in any
other article of this Declaration. The Board of Directors hereafter from time to time may adopt,
promulgate and enforce such other rules and/or regulations as the Board of Directors in its sole
discretion shall deem necessary and/or advisable to implement or interpret the provisions of this
Declaration, but shall not be obligated to do so.
10. Construction Management. In order to protect the Hanington's penstemon and
other native vegetation, all construction activity, storage of materials, fill and debris, parking of
vehicles. and equipment shall occur within the building envelope.
ARTICLE YII
ACCESS TO COMMON INTEREST COMMUNITY
l. Primary Access. Primary access to the Common Interest Community shall be
from County Road ll5, which also is known as Red Canyon Road (the "Road"). The costs of
maintaining the Road shall be shared by all users of the Road, pursuant to a Road Maintenance
Agreement recorded in the Office of the Clerk and Recorder of Garfield County, Colorado in
Book _-----__2 Page as Reception No.(the "Road Maintenance
Agreement). All of the Owners shall become and hereby are declared to be parties to the Road
Maintenance Agreement. Each Owner hereby agrees to pay his or her pro rata share of the costs
of the maintenance and upkeep of the Road, as more particularly stated in the Road Maintenance
Agreement. If any Owner shall fail to pay his or her share of the cost of the maintenance and
upkeep of the Road, as levied in accordance with the Road Maintenance Agreement, the
Association shall have the authority to pay such cost on behalf of such defaulting Owner and
charge such cost to such Owner as a Special Assessment, but shall not be obligated to do so.
2. Internal Roadways. Intemal access to the Common Interest Community shall be
by private roadways owned and maintained by the Association for the use of Owners and their
guests and invitees. As further described in Article VIII below, the Board of Directors shall levy
Assessments against each Owner for the Owr-rer's pro rata share of annual Common Area
Expenses related to the maintenance, repair and replacement of the intemal private roadways.
ARTICLE YIII
COLLECTION OF ASSESSMENTS; ENF'ORCEMENT
l. Assessments. To the extent the Association shall be responsible for the payment
of any such assessments that shall consist of any items of common expense, the same may be
lawfully imposed on the Owners on a pro rata basis, as otherwise provided in this Paragraph I of
this Article VIII, which common expenses shall include, but not be limited to the following:
expenses and costs of maintaining, repairing and plowing of roads within and accessing the
Common Interest Community; expenses of the Architectural Committee; and the insurance,
accounting and legal functions of the Association (collectively, the "Common Area Expenses"),
The Board of Directors also may establish contingency and reserve funds that may be necessary
and/or advisable to satisfu the obligations of the Association, including, without limitation, the
payment of Common Area Expenses, and to fund any other anticipated costs and expenses of the
Association to be incurred in pursuit of the accomplishment of the purposes for which the
Declaration of Protective Cwenants for
The Ranch at Coulter Creek P.U.D.Page 18 of27
Association has been established (collectively, "Reserve Funds"). The Reserve Funds shall be in
such amounts as the Board of Directors may deem necessary andlor advisable to accomplish the
aforesaid pu{poses. The Board of Directors also shall have the right during any calendar year to
levy and assess against each Owner a special assessment(s) (the "special Assessment(s)") in
such amount(s) as the Board of Directors may deem necessary and/or advisable to accomplish
the purpose or pu{poses of the Association, pursuant to this Declaration, the Articles and/or the
Bylaws. For all purposes hereof the term "special Assessments" also shall include any fines,
fees, including, without limitation, utility fees, and other assessments, exclusive of Common
Area Expenses and Reserve Funds, which may be levied on an Owner in accordance with the
terms and conditions hereof.
Each Owner shall be required to pay such Owner's pro rata portion of the Common Area
Expenses, the Reserve Funds and any Special Assessments (collectively, "Assessments"), which
pro rata portion shall be an amount equal to a fraction, the numerator of which shall be the
number of Lots to which such Owner olvns fee simple title at the time such Assessment shall
become due and payable, and the denominator of which shall be the total number of Lots that
comprise the Co-mmon Interest Community. All Owners shall be obligated to pay any
Assessments imposed by the Association and/or the Board of Directors, pursuant to the
provisions hereof. Except as otherwise determined by the Board of Directors, all Assessments
shall be payable to the Association at the then current address thereol within thirty (30) days
after receipt of written notice thereof by the Owner of each Lot.
If any Owner shall fail to pay the full amount of any Assessment on a timely basis, the
unpaid portion of such amount shall bear interest, from and after the due date thereof, at the
lesier of the marimum rate of interest permitted by law and such rate as shall be imposed by the
Board of Directors, which rate to be imposed by the Board of Directors shall not exceed one and
five tenths percent (1.5o/o) per month. Also, from and after five (5) days following the due date
of any such, Assessment, the Board of Directors, in addition to the other remedies to which the
Association would be entitled, pursuant to the provisions hereof, may impose a late charge on
such defaulting Owner as to such unpaid portion of such Assessment, the amount of which late
charge may be established by the Board of Directors; provided, however that the amount of any
suclr-late charge shall not exceed One Hundred and NolDollars ($100.00) per day for each day
that such portion of such Assessment shall remain unpaid after the expiration of said 5-day
period. tn addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees
incurred in connection with any demand(s) for payment and/or other collection action(s) taken
with respect to the non-payment of any such delinquent Assessments.
2. Lien for Non-payment of Assessments. A1l unpaid Assessments levied by the
Board of Directors shatl constitute a lien against the Lot(s) owned by such Owner, which shall be
superior (prior) to all other liens and encumbrances, excepting only the following:
a. Tax and special assessment liens on any Lot in favor of any governmental
assessing unit; and
Declaration of Protective Cwenants for
The Ranch at Coulter Creek P-U.D.Page 19 of27
b. All sums unpaid on a first mortgage of record that shall encumber any Lot,
including, without limitation, any unpaid obligatory sums as shall be provided by such
encumbrance.
Each Owner hereby agrees that the Association's lien against a Lot for the non-payment
of Assessments shall be superior to the homestead exemption provided by Colorado Revised
Statutes $38-41 0-201, et seql., and each Owner hereby agrees that the acceptance of a deed or
other instrument of conveyance in regard to any Lot shall signiff such Owner's waiver of such
homestead exemption granted in said section of the State statutes. Upon the written request of
any Owner, the Board of Directors shall execute and deliver an agreement subordinating the
Association's lien against a Lot for the non-payment of Assessments to the lien of the holder of
any first mortgage or deed of trust against srrch Lot and any Improvements on such Lot. The
Board of Directors, in its discretion, also may subordinate the Association's lien against a Lot for
the non-payment of Assessments to the holder of any second or subsequent mortgage or deed of
trust on such Lot and the Improvements on such Lot.
To evidence any lien that shall arise against a Lot due to the non-payment in fuIl of any
Assessment, the Board of Directors shall prepare a written notice setting forth the amount of the
unpaid portion of such indebtedness, the name of the Lot to which such non-payment shall relate
*d tft"1"gal description thereof, which notice shall be signed by one (l) member of the Board of
Directors and shall be recorded in the Office of the Clerk and Recorder of Garfield County,
Colorado. The Association may enforce any such lien by foreclosure thereof against the Lot
owned by such defaulting Owner in like manner as a mortgage on real property in the County,
upon the recording of a notice of claim thereof. In any such foreclosure proceeding, the
alfaUting Owner shall be required to pay all costs and expenses, including, without limitation,
reasonabie attorneys' fees, incurred by the Association in connection with such proceedings, as
well as all costs and expenses incurred by the Associatibn in connection with the filing of such
notice of claim with respect to such lien. Any such Owner also shall be required to pay to the
Association any additional Assessments that shall be levied, pursuant to the terms and conditions
hereof, against such Owner and/or such Owner's Lot(s) during the period of such foreclosure
pro.r"dit g, and the Association shall be entitled to the appointment of a receiver to collect the
ru*r. ThJ Board of Directors, on behalf of the Association, shall have the power to bid on any
Lot at any sale that shall occur in connection with any such foreclosure proceeding and to
acquire and thereafter hold, lease, mortgage and convey the same.
Any recorded lien against a Lot that shall arise due to the non-payment of any
Assessment may be released by recording a release of such lien that shall be executed by a
member of the Board of Directors.
3. Enforcement Action. The Association, acting by and through the Board of
Directors, shall have the right to prosecute any action to enforce the provisions of all or any
portion of this Declaration by rnjunctive relief, on behalf of itself, and on behalf of any and/or all
Lf tfr" Owners, including, without limitation, in addition to any other remedies the Association
may have at law or in equity, the right to maintain an action in the District Court in and for the
County and the State for the purpose of recovering any unpaid Assessments made against any
Ownei. In addition, each Owner and the Association shall have the right to prosecute any action
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 20 of27
for injunctive relief and for damages by reason of any violation of this Declaration. The
prevailing party in any such enforcement action shall be entitled to an award of the reasonable
costs and attomeys' fees incurred by such party in connection with such action.
4. Limitations on Actions. In the event any constuction, erection or alteration, or
any excavation, tree cutting and clearing or landscaping, shall be commenced within the
Common Interest Community in violation of this Declaration, and no action shall be 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 aggieved. This one (l)
year limitation shall not apply to injunctive or equitable relief against any other violations of this
Declaration
ARTICLE IX
EASEMENTS AND OPEN SPACE
l. Easements Shown on Final Plat. The Association shall be entitled to use such
easements as shall be reflected in the Final Plat. The Association shall have no obligation to pay
any amount for the use and enjoyment of any of such easements. The Association shall pay for
the cost of maintaining and repairing any Improvements that the Association shall place on any
of such easements.
2. Easements for Access and Repairs. The Association shall be entitled to an
easement in, on, over and across each Lot for the purpose of accessing any property owned by
the Association, protecting any property owned by the Association, making any necessary and/or
advisable repairs, including, without limitation, performing any OMR expressly required to be
performed by the Association, pursuant to the provisions hereof and investigating and/or
responding to emergency circumstances. The Association may access each Lot at all reasonable
times (and at any time in the event of an emergency) to determine compliance with the
conditions of approvals of the Common Interest Community granted by the Commissioners of
the County and to determine and enforce compliance with all of the provisions of this
Declaration
ARTICLE X
INSURANCE
1. Types of Insurance. The Association may obtain and keep in full force and
effect the following insurance coverages:
a. Fidelity coverage against the dishonesty of employees, destruction or
disappearance of money or securities, and forgery. This policy also shall cover persons
who shall serve the Association, without compensation.
b. Coverage for members of the Board of Directors and the officers of the
Association, including, without limitation, 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 insurance policies.
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 21 of27
c. General liability and property coverages.
d. Coverage against such other risks of a similar or dissimilar nature as the
Board of Directors shall deem necessary and/or advisable.
ARTICLE XI
DECLARANT'S RESERVED RIGHTS
Declarant hereby expressly reserves to itself and its successors and assigns the following
described rights, which include development rights and special Declarant rights, any one or more
of which rights may be exercised, at the sole and absolute discretion of Declarant, at any time
and from time to time during the period commencing upon the recording of this Declaration in
the ofFrce of the Garfield County Clerk and Recorder and ending on the date of termination of
such rights established under Section 2 of Article XII hereof. It is expressly understood that
Declarant shall not be obligated to exercise any of these reserved rights. Such reserved rights
may be exercised upon or in connection with all or arry portion of the Common Interest
Community. Such the reserved rights here and after set forttr may not be amended, modified,
terminated or otherwise altered in any way without the expressed prior written consent of
Declarant. All conveyances of Lots and other portions of the Common Interest Community
hereafter made, whether by Declarant or otherwise, shall be deemed and construed to reserve to
Declarant and./or to grant to Declarant all of the rights reserved by and to Declarant in this
Article XI, even though no specific reference to such rights appears in the conveyance
instruments. Nothing in this Article K shall limit or impair any other rights granted or reserved
to Declarant by other provisions of this Declaration or the Colorado Common Interest Ownership
Act.
The following rights are hereby reserved to Declarant and its successors and assigns:
1. Completion of Improvements. The right throughout the Common Interest
Community to complete improvements indicated on the Final Plat, as such plat and this
Declaration may be amended from time to time and the right to construct and complete
improvements required by the terms of any Subdivision Improvements Agreement with Garfield
Cognty, Colorado. Furthermore, the right to create, grant and/or use and enjoy additional non-
exclusive easements, and to relocate existing platted easements, upon or across any portion of the
Common Interest Community except building envelopes, as may be reasonably required for the
completion by Declarant of the above-described improvements or the effective exercise by
Declarant of any of the ottrer reserved rights described in this Article XI.
2. Sales, Marketing and Management. The right to construct, locate or operate,
and to maintain upon, and to remove from, Lots owned by Declararrt, and/or the Common
elements, in the discretion of Declarant, md in such number, size and location as may be
reasonably required by Declarant in connection with the completion of improvements, the
management of the development, and/or the promotion, marketing, sale or rental of Lots, the
following:
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 22 of27
a. Sales offices, management offrces, andlor construction offices, and
structures containing or relating to the same. Such offices, to the extent they are not
situated on a Lot are hereby declared to be personal property of the Declarant and shall in
any case be removable by Declarant or its successors or assigns promptly upon the
Declarant or its successors or assigns ceasing to be a Lot Owner;
b. Signs identiffing and advertising the Common Interest Community and
the Lots therein, are relating to development or construction thereon;
Model residences constructed or to be constructed on Lots;
Parking areas and facilities, and lighting, necessary or desirable in the
marketing of the Common Interest Community and the Lots to perspective Owners;
e. Employees and offices; equipment;
construction materials; and
and marketing and
Together with the right to attract, incite or bring perspective purchasers of
Lots into the Common Interest Community at all times, and to permit them to use and
enjoy the common elements
3. Merger. The right to merge or consolidate the Common Interest Community
with another Common Interest Community of the same forrn of ownership.
4. I)eclarant Control of Association. Notwithstanding anything contained herein
to the contrary, Declarant shall be entitled to select and appoint, in its sole discretion, Directors,
in accordance with the Bylaws (the "Declarant's Control Period"), until the expiration of the
Declarant's Control Period as defined below. The Declarant's Control Period shall cease on the
happening of any of the following events, whichever occurs earlier: (a) sixty (60) days after
conveyance of seventy-five percent (75yA of the total number of Lots that may be created within
the Common Interest Community have been conveyed to persons other than Declarant; (b) two
(2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; (c)
two (2) years after any right to add new Lots was last exercised by Declarant; or (d) when, in its
discretion, Declarant so determines.
5. Declarant's Rights to Grant and Create Easements. The right to grant, create
or reserve temporary and permanent easements or to relocate existing easements for (a) access to
and egress from or through the Common Interest Community; (b) utilities, including but not
limited to, water, sewer and electrical lines; (c) drainage, irrigation and ditch and pipeline
easements; and (d) other purposes incident to the development and sale of the Common Interest
Community (collectively the "Easements"). Such Easements may be located by Declarant in, on,
under, over and across common elements or upon Lots within the Common Interest Community
so long as such easements do not lie within any building envelope. Declarant shall further have
the right to grant to public or quasi-public entities the right to construct certain storage or other
similar facilities on the common elements in connection with the provision of utilities or other
services to the Common Interest Community. Any such facilities so located, and of all
Declarqtion of Protective Covenants for
The Ranch at Coulter Creek P.U.D.
c.
d.
Page 23 of27
distribution lines located in any easements created pursuant to provisions hereof, or otherwise,
shall, in all events, belong to the provider ofsuch services.
6. Withdrawal Rights and Procedure. The right at ury time and from time to time
to withdraw from the Common Interest Community any Declarant-Owned Lot or Lots, or
Common Elements.
Withdrawal may only be accomplished by the recording by Declarant of
an amendment to this Declaration effected by the withdrawal, and an amendment to the
Final Plat affected by the withdrawal. Upon the recording of such amendments, the
withdrawn Lots, or Common Area shall no longer be part of the Common Interest
Community or subject to this Declaration in any way.
b. Each Declarant-Owned Lot, and each Declarant-Owned Common
Element, is hereby described and declared to be a separate portion of real estate that is
subject to this right of withdrawal, and Declarant expressly reserves the right to withdraw
one or more Declarant-Owned Lots and/or all or a portion of any Declarant-Owned
Common Elements from the Common Interest Community. Once a Lot has been
conveyed to a Lot Owner other than Declarant, that portion of the real estate is no longer
subject to this right of withdrawal. Likewise, once a Common Element has been
conveyed to the Association, that portion of the real estate is no longer subject to this
right of withdrawal.
The withdrawn property shall be subject to whatever easements, if any,
may be reasonably necessary for access or utility service to, or operation or management
or use or enjoyment of, the Common Interest Community or any part thereof. Similarly,
the Owner(s) of the withdrawn property shall have whatever easements, if any are
reasonably necessary for access or utility service to or for use of enjoyment of the
withdrawn property over and across the common elements within the Common Interest
Community. At the time any withdrawal of real estate is accomplished, Declarant shall
record whatever documents are necessary to establish such reciprocal easements in the
Garfield County, Colorado records.
7. Subdivision of Lots. Declarant shall have and hereby reserves the right to
subdivide any Declarant-Owned Lot located within the Common Interest Community to create
additional Lots, subject to the maximum number of Lots set forth in Article I of this Declaration;
provided, however that such Subdivision is consistent with the Subdivision Regulations in
-Curn"ta
County, Colorado, or that a variance that obtained to such regulations if necessary, and
that the Subdivision is accomplished in compliance with Garfield County Subdivision
requirements. Declarant shall also have and hereby reserves the right to convert one or more
tots in the common element. Upon the Subdivision of any Lot or the conversion of any Lot and
to common elements in accordance with the terms and conditions contained herein, the allocated
interest of all Owners shall be reallocated in accordance with the definition of allocated interest
contained inthe Colorado Common Interest Ownership Act.
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 24 of27
8. Other Reserved I)evelopment Rights. The right with respect to all or any
Declarant-Owned portion of the Common Interest Community (including the Lots) to (a) create
corrmon elements; (b) create additional Lots, subject to the maximum set forth in Article I to this
Declaration; (c) combined Lots; (d) convert Lots into common elements; (e) convert common
elements into Lots; and (0 create common elements.
g. Transfer of Declarant's Reserved Rights. Any one or more rights created or
reserved for the benefit of Declarant under this Article XI or elsewhere in this Declaration may
be transferred to any person by an instrument describing the right or rights transferred and
recorded in Garfield County, Colorado. Such instrument shall be executed by the transferor
Declarant and the transferee.
10. Termination of Declarant's Reserved Rights. With the exception of
Declarant's right to appoint or remove members of the Board of Directors and Officers of the
Associatior, th" rights reserved to Declarant in this Article )il shall automatically terminate an
expire upon the nrst to occur of (i) the date which is thirty (30) years after the recording of this
Declaration in the records of Garfield County, Colorado, or (ii) Declarant's relinquishment and
surrender of such rights by recorded instrument. Declarant may from time to time relinquish and
surrender one or more but less than atl of the reserved rights, in which event the unrelinquished
reserved rights shall remain fully valid and effective for the remainder of the term thereof. The
Association shall extend the time period for'exercise of a development right, or reinstate a lapsed
development right, subject to whatever terms, conditions and limitations the Association may
impose on the iubsequent exercise of the development right. The extension or renewal of a
development right and any terms, conditions and limitations shall be included in an amendment
executid by Declarant or the Owner of the real estate subject to the development right and the
Associdtion.
ARTICLE XII
GENERAL PROVISIONS
' l. Declaration to Run. All of the covenants, conditions and restrictions contained
in this Declaration shall be a benefit to and a burden upon the Owners and the title to all of the
Iands in the Common Interest Community, and the benefits and burdens of all said covenants,
conditions and restrictions shall run with the title to all of the lands in the Common Interest
Community
2. Termination of Declaration. In the event this Declaration shall not have been
sooner lawfully terminated, pursuant to any applicable laws of the State, the County and/or the
provisions hereoi this Declaration may be terminated on January 1,2025, by a vote of at least
seventy-five percent (75%) of the votes entifled to be cast by the Members at a meeting of the
Memblrs aUy n"ld, whether in person or represented by proxy. If this Declaration shall not be
so terminated, then this Declaration shall continue to be in full force and effect for successive
twenty-five (25) year periods, unless, at the close of any such 25'yeu period, this Declaration
shall be terminated by a vote of seventy-five (75%o) of the votes entitled to be cast by the
Members at a meeting of the Members duly held, whether in person or represented by proxy. In
the event of any such termination by the Members, a properly certified copy of a resolution of
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 25 of27
such termination shall be placed on record in the Office of the Clerk and Recorder of Garfield
County, Colorado, within six (6) months after the meeting at which such vote shall have been
cast.
3. Amendment of Declaration. This Declaration may be amended by a vote of
seventy-five percent (75%) of the votes entitled to be cast by the Members at a meeting of the
Members duly held, whether in person or represented by proxy, so long as a properly certified
copy of a resolution of such amendment shall be placed on record in the Office of the Clerk and
Recorder of Garfield County, Colorado, within six (6) months after the meeting at which such
vote shall have begn cast.
4. Severability. Should any part of this Declaration be declared invalid or
unenforceable by any court of competent jurisdiction, such decision shall not affect the validity
of the remaining provisions of this Declaration
5. Paragraph Headings. The
Declaration shall be for convenience only and
terms of this Declaration.
article and paragraph headings within this
shall not be construed as a specific part of the
6. Limited Liability. Neither the Association nor the Board of Directors, including,
without limitation any member thereof, shall be liable to any party for any action or for any
failure to act with respect to any matter, if such action taken or such failure to act shall have been
in good faith and witirout maliie. The Owners severally agree to protect, defend, indemniff and
frold trarmless the Association and the Board of Directors, including without limitation, all
members thereof, from and against any and all claims, actions, causes of action, judgments,
fines, penalties, losses, costs, expenses, damages, liabilities and obligations that shall have
resulted from such action or such failure to act, if the Association and the Board of Directors,
including, without limitation any member thereof, as the case may be, shall have acted or failed
to act in good faith and without malice.
IN WITNESS WHEREOF, this Declaration of Covenants, Conditions and Restrictions
for The Ranch at Coulter Creek P.U.D. has been executed by Declarant as of the date first above
written.
SlC-Laurence, LLC, a Delaware limited
liability company
By:
Name:
Tifle:
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 26 of27
STATE OF ILLINOIS
COLINTY OF LAKE
)
) ss.
)
The foregoing instrument was acknowledged and swom to before me this
-
day of
2004, by Stephen Perlmutter, the President and Chief Executive
Offrcer of Snowmass Land Cornpany, LLC, a Delaware limited liability company, the sole
Member and Manager of Declarant.
Witress my hand and official seal.
Notary Public
My commission expires:
Dectaration of Covenants, Conditions and Restictions for RCC 2.23.M.doc
Declaration of Protective Covenants for
The Ranch at Coulter Creek P.U.D.Page 27 of27
ARTICLES OF II(IORPORATION
THE RANCH AT COULTER CREEK HOMEOWNERS ASSOCIATION
(a Colorado Not for Profit Corporation)
Pursuant to Section 7-122-lO2 and Part 3 of Article 90 of Title 7, Colorado Revised
Statutes (C.R.S.), these Articles of Incorporation are delivered to the Colorado Secretary of State
for filing.
ARTICLE I
NAME
The name of the corporation that is the subject of these Articles of Incorporatioa shall be
THE RAIICH AT COULTER CREEK HOMEOWNERS ASSOCIATION (the "Association").
ARTICLE II
DTIRATION
The term of existence of the Association shall be perpetual.
ARTICLE III.
PI]RPOSES
The businesses, objects and purposes for which the Association hereby is formed shall be
as follows:
l. To be and constitute the homeowners association to which reference is made in
the Declaration of Protective Covenants, Conditions and Restrictions for The Ranch at Coulter
Creek p.U.D. (o'Common Interest Community"), ap6 any suppJgmenl or amendment thereto
1.off."ti"ay, thi "Declaration"), recorded in the records of the Office of the Clerk and Recorder
of Ur. Cognty of Garfield, State of Colorado, ffid to perform all obligations and duties, and
exercise all rights ar-rd powers, of the Association, as provided in the Declaration, or otherrvise.
To provide for maintenance and preservation of the Common Interest
To promote, foster and advance the health, safety and welfare of residents within
the Common Interest CommunitY.
4. To enforce covenants, restrictions, conditions and equitable servifudes affecting
the Common Interest CornmunitY.
5. To make and enforce rules and regulations with respect to the use of Lots within
the Common Interest CornmunitY.
)
Community.
3.
6. To establish and maintain the Common Interest Community as property of high
quality and value and to enhance and protect its value, desirability and attractiveness.
ARTICLE IV
POWERS
The Association shall have all of the powers that a nonprofit corporation may
underthe applicable laws of the State of Colorado in effect from time to time.
ARTICLE V
MEMBERSHIP
1. The Association shall be a membership Association without certificates or shares
of stock. Every o\Irler of a lot within the Common Interest Community, including the Dec,larant
(as defined in the Declaration), shall be a member of the Association. The Association will have
voting members. Each Lot in the Association with have one (1) member vote.
2. Neither a membership in the Association nor the share of a member in the assets
of the Association shall be assigned, encumbered or transferred in any manner except as-
appurtenant to the transfer of titlJto the lot within the Common Interest Community.to whicli'
such membership shall pertain; provided; however, that the rights of membership in the
Association may be assigned to the holder of a mortgage, deed of trust or other security
instrument that shall encumber such lot as further security for the loan secured by a lien against
such Lot.
3. A transfer of membership in the Association shall occur automatically upon and
with the transfer of title to ttie lot within the Common Interest Community to which such
niembership shall pertain; provided, however, that the Bylaws of the Association (the "Bylaws")
may contain reasonable provisions and requirements as to recording such transfers on the books
and records ofthe Association.
4. The Bylaws shall contain provisions setting forth the rights, privileges, duties and
responsibilities of the members of the Association.
ARTICLE YT
BOARD OF DIRECTORS
1. The business and affairs of the Association shall be conducted, managed and
controlled by a Board of Directors (the "Board"). The duties, qualifications,.number and term of
the members of the Board, and the manner of their election, appointnent and removal shall be as
set forth in the Bylaws.
2. The name and address of the initial Board member who shall serye
successor(s) shall have been determined according to the applicable provisions of the
shall be as follows:
John Sarpa
0021 Burnt Mountain Circle, PO Box 6119
Snowrnass Village, CO 81615
until his
Bylaws,
JoeEnzer
0021 Bumt Mountain Circle, PO Box 6119
Snowrnass Village, CO 81615
Stephen Perlmutter
0021 Burnt Mountain Circle, PO Box 6119
Snowmass Village, CO 81615
ARTICLE YII
OF'FICERS
The Board shall elect from among the members thereof a president, and a secretary, and
also may but not necessarily from among them, one or more vice presidents, a treasurer and such
officers as the Board believes would be in the best interest of the Association to elect, as more
particularly set fortti in the Bylaws. The officers of the Association shall have such
qu*incations, powers and duties, and serve for such terms of office, as shall be prescribed in the
Bylaws.
ARTICLE VITI
COI\TVEYAIYCES ATID ENCUMBRANCES
Association property may be conveyed or encumbered in accordance with the "",fr.4Wof the Board or by Juch person to whom such authority shall have been delegated by resolution
of the Board. ConveyancLs or encumbrances shall be by an instrument executed by the President
of the Association oi ttr" President of the Association and the Secretary of the Association, or by
such other person(s) to whom such authority shall have been delegated by the Board.
ARTICLE IX
DISSOLUTION
Upon the dissolution of the Association, the Association, after paying or making
provisiorifor the payment of all of the liabilities of the Association, shall dispose of all of the
assets of the Assoiiation, exclusively for the purposes of the Association in such manner, or to
such organization or organizations organized and operated exclusively for charitable,
educational, religious or scientific puq)oses, as shall at the time qualiff as an exempt
organization undir Section 501(c)(3) of the Intemal Revenue Code (or the corresponding
pr6ririot of any future United States Internal Revenue law), as the Assooiation shall delermine.
Any of such assets not so disposed of shall be disposed of by a court of competent jurisdiction of
the county in which the priniipal office of the Association then shall be located exclusively for
such pgrposes or to such organization or organizations, as said court shall determine, which shall
have been organized and operated exclusively for such purpose(s).
ARTICLE X
INITIAL PRINCIPAL OFF'ICE
The address of the initial principal office of the Association is 0021 Burnt Mountain
Circle, PO Box 6119, Snowmass Village, CO 81615.
ARTICLE XI
INITIAL REGISTERED OF 'ICE AND AGENT
The address of the initial registered office of the Association shall be 818 Colorado
Avenue, Glenwood Springs, Colorado 81601. The initial registered agent at such address shall be
Lawrence R. Green.
ARTICLE XII
AMENDMENTS
Amendments to these Articles of Incorporation shall be adopted, if at all, in the manner
set forth in the Bylaws; provided, however, that no amendment to these Articles of Incorporation
shall be contary io or inconsistent with the provisions of the Declaration.
ARTICLE XIII
FISCAL YEAR
The fiscal year of the Association shall begin on the initial day of January of each year
and shall end on the last day of December of each year.
ARTICLE XTV
GEI{ERAL
The Association is one that does not contemplate pecuniary gain or profit to the members
thereof and hereby is organized for nonprofit purposes.
ARTICLE XV
INCORPORATOR
The incorporator of the Association and his address is as follows:
Lawrence R. Green
818 Colorado Avenue
P.O. Drawer790
Glenwood Springs, CO 81602
ARTICLE XVI
NAME AI\ID ADRESS OF PERSON FILING DOCUMENT
The name and mailing address of the individual who caused this document to be
delivered for fi|ing, and to whom the Secretary of State may deliver notice if filing of this
document is refused, is:
Lawrence R. Green
818 Colorado Avenue
P.O. Drawer790
Glenwood Springs, CO 81602
BYLAWS
oF'
THE RANCH AT COULTER CREEK HOMEOWNERS ASSOCIATION
I. GEI\ERAL.
1.1 Purpose of Bylaws. These bylaws are adopted for the regulation and management
of the affairs of The Ranch at Coulter Creek Homeowners Association ("Association"). The
Association has been organized as a Colorado corporation under the Colorado Revised Nonprofit
CorpoiationAct and constitutestheAssociationunderthe DeclarationofCovenants, Conditions and
Restictions for The Ranch at Coulter Creek P.U.D. ("Declaration"). The Declaration has been or
will be executed by SlC-Laurence, LLC, a Delaware limited liability company ("Declarant'). The
Declaration relates to real property in the County of Garfiel4 State of Colorado, which has or will
become subject to the Declaration ("Common Interest Community").
1.2 Terms Defined in the Declaration. Terms used in these Bylaws which are defined
in the Declaration shall have the same meaning and definition as in the Declaration.
1.3 Contolling Laws and Instuments- These Bylaws are controlled by and shall always
be consistent with the provisions of the Colorado Revised Nonprofit Corporation Act, the Colorado
Common Interest Ownership Act, the Declaration and the Articles of Incorporation of the
Association fited with the Secretary of State of Colorado, as any of the foregoing may be amended
from time to time.
OFFICES.
2.1 Principal Office. The initiat principal office of The Ranch at Coulter Creek
Homeowners' Association (the "Association") shall be located at 0021Burnt Mountain Circle, PO
Box 6119, Snowmass Village, CO 81615. The Association also may have one (1) or more offices
at such other place(s), within or without the State of Colorado (the "State"), as the Board of
Directors of the Association (the "Board of Directors") may from time to time determine.
2.2 Registered Office and Agent. The Colorado Revised Nonprofit Corporation Act
requires that the Association have and continuously maintain in the State of Colorado a registered
office and a registered agent whose business office is identical with such registered office. The
registered offrce need not be the same as the principal offrce of the Association. The initial
registered office and the initial registered agent are specified in the Articles of Incorporation ofthe
Association but may be changed by the Association at any time, without amendmentto the Articles
of Incorporation, by filing a statement as specified by law in the Office of the Secretary of State of
Colorado.
Bylaws of The Ranch at Coulter Creek
H om e otwters As s o ciati on Page I of 2j
3..MEMBERS.
3.1 Members. A "Member", as defined in the Declaration, is a person or
more than one, all persons or entities collectively, who constitutes the Owner of a Lot.
3 .2 Memberships Appurtenant to Lots. Each Membership shall be appurtenant to the fee
simple title to a Lot. The person or entity, or persons or entities, who constitute the Owner of fee
simple title to a Lot shall automatically be the holder of the Membership appurtenant to that Lot and
the Membership shall automatically pass with fee simple tifle to the Lot.
3.3 Voting Rights of Members. Each Member shall have the right to cast one vote for
each Lot owned by such Member within The Ranch at Coulter Creek P.U.D. The Members shall
have the right to appoint, in a written instrument furnished to the Secretary of the Association, a
delegate to exercise the rights of such Member, including the power to cast votes on behalf of the
Member, subject to the provisions of the Declaration and these Bylaws. Members ofthe Association
shall have the right to vote upon the election of the members of the Board of Directors and upon all
othermatters properly brought to a vote of the Members by virtue of the Articles of Incorporation,
these Bylaws or the laws of the State.
3.:A Voting by Joint Owners. If there is more than one person or entity who constitutes
the Owner of a Lot, each such person or entity shall be entitled to attend any meeting of Members,
but the voting power attributable to the Lot shall not be increased. In all cases in which more than
one person oi entity constitutes the Owner of a Lot, including instances in which a Lot is owned by
a husband and wife, then, unless written notice to the contrary, signed by any one of such persons
or entities, is given to the Board of Directors ofthe Association prior to the meeting, only one such
person or entity shall be entitled to cast, in person or by proxy, the vote attributable to the Lot. If,
however, more than one person or entity constifuting such Owner attends a meeting in person or by
proxy, t}ten such persons or entities shall designate one Person or entity to vote on behalf of such
br^"r, and the vote of such person shall be thevote attributable to such Lot. In no event shall more
than one (1) vote per question under consideration by the Association be cast as to any one (1) Lot.
If, when called upon to vote, such persons or entities cannot agree as to the manner in which their
Membership vote should be cast, then they will be teated as having abstained with respect to such
vote.
3.5 Resolution of Voting Disputes. In the event of any dispute as to the entitlement of
any Member to vote or as to the results of any vote of Members, the Board of Directors of the
Association shall act as arbitrators and the decision of a disinterested majority of the Board of
Directors shall, when rendered in writing, be final and binding as an arbitration award and may be
acted upon in accordance with the Colorado Uniform Arbitration Act of 1975, as the same may be
amended; providdd, however, that the Board of Directors shall have no authority or jurisdiction to
determine matters relating to the entitlement of Declarant to vote or relating to the manner of
exercise by Declarant of its voting rights. No dispute as to the entitlement of any Member to vote
shall postpone or delay any vote for which a meeting of Members has been duly called pursuant to
the provisions of these Bylaws and a quonrm is present.
Ao*s of The Ranch at Coulter Creek
H omeowners As sociation
if
Page 2 of 23
3.6 Suspension ofVoting Rights. The Board ofDirectors may suspend, afterNotice and
Hearing, the voting rights of a Member during any period of breach by such Member of any
provision ofthe Declaration or of any Rule or Regulation adopted by the Association including, but
not limited to, the failure to pay any assessment pursuant to the Declaration and for a period of up
to ten (10) days following the cure of any such breach by such Member; provided, however, such
Notice'and Hearing shall not be required where a Member has failed to pay any assessment levied
in accordance with the provisions of the Declaration.
3.7 Determination of Member Voting Percentage. Notwithstanding anything to the
contrary contained herein, only Members whose voting rights are in good standing (e.g., voting
rights which have not been suspended as provided herein) shall be entitled to vote on Association
,nutt rr. In accordance therewith, any and all provisions Contained herein requiring the approval of
a requisite percentage of Members of the Association shall be deemed satisfied when the requisite
percentage of Members entitled to vote has been met.
3.8 Cumulative Votine Prohibited. The cumulative system of voting shall not be used
for any purpose. Each Member shall be entitled to vote in person or by proxy executed in writing
by such Member or by such Member's duly authorized attorney-in-fact; provided, however, that no
such proxy shall be valid after eleven (11) months from the date of its execution, unless the proxy
shall provide for a longer period. When a quorum shall be present at any meeting of the Members,
the vote of a majority of tft" Members'votes present in person or represented by proxy shall decide
any question brought before such meeting, unless the question shall be one with respect to which,
bfth" express provisions of the laws of the State, the Articles of Incorporation of the Association
and/or the Declaration, a differentvote shall be required, in which case such express provisions shall
govem and contol the decision of such question; provided, however, that, in the event of a conflict
between or among any of the foregoing laws and"ior documents, such laws and./or documents shall
govern and control in the following order of priority (i) the laws of the State of Colorado, (ii) the
Declaration and (iii) the Articles.
3.g Transfer of Memberships on Association Books. Transfers of Memberships shall be
made on the books of the Association only upon presentation of evidence, satisfactory to the
Association, ofthe transfer of ownership of the Lotto whichthe Membership is apptlrtenant. Prior
to presentation of such evidence, the Association may treat the previous owner of the Membership
*-tfp owner of the Membership entitled to all rights in connection therewith, including the rights
to vote and to receive notice. The Board of Directors shall close the membership transfer books of
the Association for a period of not less than ten (10) days or more than frfty (50) days preceding the
date of any meeting of Members.
MEETINGS OF MEMBERS.
4.1 Place of Members' Meetings. Meetings of Members shall be held at the principal
office of the Association or at such other place, within or convenient to the Common Interest
Community, as may be fixed by the Board of Directors and specified in the notice of the meeting.
Bylau,s of The Ranch at Coulter Creek
H om eowners Ass ociation Page j of 2i
4.2 Annual Meetines of Members. Annual meetings of Members for the election of
members of the Board of Directors to succeed those whose terms then shall be expiring, and for the
transaction of such other business as may come before such meetings, shall be held on the second
Friday of each December of each year. If the day so fixed for any such annual meeting shall be a
legal iroliday, then such meeting shall be held on the next succeeding business day.
4.3 Special Meetings of Members. Special meetings of the Members may be called by
the Board of Dirictors of the Association or by Members holding not less than ten (lOyr) percent
of the total votes of all Members entitled to vote. No business shall be transacted at a special
meeting of members except as indicated in the notice thereof-
4.4 Record Date. At least ten (10) days and no more than fifty (50) days before every
meeting of M"mbor, a complete list of Members entitled to vote at such meeting, aranged in
alphabJtical order, showing the address of each Member and the number of votes to which each
*oUA be entitled, shall be prepared by the Secretary of the Association and shall be open to
inspection by any Member during usual business hours for a period of at least ten (10) days prior
to such *""iiog ut tt "
principal office of the Association. Such list shall be produced and kept at
*re place of the meeting during the entire time thereof and shall be subject to inspection by any
Member who shall be present at such meeting.
4.5 Notice of Members'Meetings. Written notice stating the place, day and hour ofany
meeting rt ull b" d"ti*r"d not less than ten (10) nor more than fiffy (50) days before the date of the
,rr""tio[, either personally or by mail, by or at the direction of the President or the Secretary of the
Associitiol o, th. officeis or persons calling the meeting, to each Member entifled to vote at such
meeting. The notice of an annual meeting itralt identiry *V matter which it is known may come
before Ihe meeting including, but not limited to, the general nature of any proposed amendment to
the Declaration or Bylaws, any Budget changes, and any proposal to remove an officer or member
of the Board of Directors. The notice of a special meeting shall state the purpose or pu{poses for
which the meeting is called. If mailed, such notice shall be deemed to be delivered when deposited
in the United Staies mail addressed to the Member at his address as it appears on the records of the
Association, with postage thereon prepaid. Such notice may be posted in a conspicuous place in the
Common Interest Community, suctr as on a notice board outside the principal office of the
Association, and such notice shatt te deemed to be delivered to any Member upon such posting if
such Member has not furnished an address for mailing of notice to the Association.
4.6 Proxies. A Member entitled to vote may vote in person or by pro)ry executed in
writing by the tut"rrUo or his duly authorized attomey-in-fact and filed with the Chairman of qt
*r"ffi irior to the time the proxy is exercised. Any proxy may be revocable by attendance of a
member in person at a meeting or by rero.ation in writing filed with the Chairman of the meeting
prior to the iime the proxy is eiercised. A proxy shall automatically cease upon the conveyance by
a Member of the I,ot of the Member and the transfer of the Membership on the books of the
Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy
shall terminate "t"r.o
(11) months afterthe date of its execution unless a difilerent termination date
is otherwise set forth on its face. No proxy shall be valid unless; (a) the proxy contains the signature
Bylows of The Ranch at Coulter Creek
H omeowners As s oci ati on Page 4 of 2j
of all Members entitled to vote such interest; and (b) the proxy states the specific purpose and the
specific meeting for which it was granted. Any form of proxy furnished or solicited by the
Association and any form of written ballot furnished by the Association shall afford an opportunity
thereon for Members to speciff a choice between approval and disapproval of each matter or group
of related matters which is known at the time the form of proxy or written ballot is prepared,frilY
come before the meeting and shall provide, subject to reasonably specified conditions, that if a
Member specifies a choice with respect to any such matter, the vote shall be cast in accordance
therewith.
4.7 Ouorum at Members' Meetings. Except as may be otherwise provided in the
Declaraiion, the Articles of Incorporation or these Bylaws, and except as hereinafter provided with
respect to the calling of another meeting, the presence, in person or by proxy, of Members'entitled
to iast at least ten (10%) percent of the votes of all Members entitled to vote shall constitute a
quorum at arry meeting of such Members. Members present in person or by proxy at a duly
organized meeting may continue to transact business until adjournment, notwithstanding the
withdrawal of Members so zts to leave less than a quorum. If the required quorum is not present in
person or by proxy at any such meeting of Members, another meeting may be called, subject to the
notice requiriments hereinabove specified, and the presence, in person or by proxy, of Members
entitled to cast at least five (5%) percent of the votes of all Members, shall, except as may be
otherwise provided in the Declaration, the Articles of Incorporation or thesg Bylaws, constitute a
quorum at such meeting.
4 . 8 Adj ournments of Members' Meetines . Members present in person or by proxy at any
meeting may adjourn the meeting from time to time, whether or not a quorum shall be present in
p"rrol o, by proxy, without notice other than announcement at the meeting, for a total period or
periods of nbt to exceed thirly (3 0) days after the date set for the original meeting. At any adjourned
meeting which is held without notice other than announcement at the meeting, the quorum
requirement shall not be reduced or changed, but if the originally required quorum is present in
p"iron orby proxy, any business may be transactedwhichmighthave beentransacted atthe meeting
as originally called.
4.g Vote Required at Members' Meetings. At any meeting, if a quorum is present, a
majority of the votes prisent in person or by proxy and entitled to be cast on a matter shall be
,"J"rrury for the adoption of the matter, unless a greater proportion is required by law, the
Declaration, the Articles of Incorporation or these Bylaws.
4.10 Order of Business. The order of business at any meeting of Members shall be as
follows: (a) roli call to determine the voting power represented at ttre meeting; (b) proof of notice
of meeting or waiver of notice; (c) reading of minutes of preceding meeting; and (d) conducting of
the business for which the meeting was called.
4.11 Chairman ofMeetings. At any meeting, the Members present shall select a Chairman
and Secretary of the meeting.
Bylrvvs of The Ranch at Coulter Creek
H omeowners Ass ociation Page 5 of 2j
412 Expenses of Meetings. The Association shall bear the expenses of all annual
meetings of Members and of special meetings of Members'
4.13 Waiver of Notice. A waiver of notice of any meeting of Members, signed by a
Member, whether before or after the meeting, shall be equivalent to the giving of notice of the
meeting to such Member. Attendance of a Member atameeting, either in person or by proxy, shall
constitute waive ofnotice of such meeting except when the Member attends for the express purpose
of objecting to the transaction of business because the meeting is not lawfully called or convened.
4.14 Action of Members Without a Meetine. Any action required to be taken or which
may be taken at a meeting of Members may be taken without a meeting if a consent, in writing,
setting forth the action so taken, shall be signed by all of the Members entitled to vote with respect
to the subject matter thereof.
5. BOARD OX'DIRECTORS.
5.1 General Powers and Duties of Board. The Board of Directors shall have the duty to
manage and supervise the affairs of the Association and shall have all powers necessary or desirable
to permit it to do so. Without limiting the generality of the foregoing, the Board of Directors shall
have the power to exercise or cause to be exercised for the Association, all of the powers, rights and
authorityof the Associaiion, not reserved to Members, and provided in the Declaratior5 the Articles
of Incorporation, these Bylaws, the Colorado Revised Nonprofit Corporation Act or the Colorado
Common Interest. OwnershiP Act.
5.2 Special Powers and Duties of Board. Without limiting the foregoing statement or
general pow€rs and duties of the Board of Directors or the powers and duties of the Board of
birectors as set forth in the Declaration, the Board of Directors of the Association shall be vested
with and responsible for the following specific powers and duties:
5.2.1 Assessments. The duty to fix and levy from time to time as it deems
necessary Assessments upon the Members of the Association as provided in the Declaration; to
determine and fix the due date for the payment of such Assessments and the date upon which the
same shall become delinquent; and to enforce the payment of such delinquent assessments as
provided in the Declaration.
5.2.2 Tanes. The duty to pay all taxes and assessments levied upon the Property_
owned by the Association and all taxes and assessments payable by the Association. The Board of
Directori shall atso have the power to contest any such tares or assessments in accordance with the.
provisions contained in the Declaration.
5.2.3 Insurance. The duty to contract and pay premiums for fire and casualty and
blanket liability and other insurance in accordance with the provisions of the Declaration.
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5.2.4 Association Propertv. The duty and power to contract for and pay bills for
maintenance, legal service, accounting service, gardening, common utilities and other materials,
supplies and services relating to the property owned by the Association, to employ personnel
necessary for the care and operation of the property owned by the Association, and to conhact and
pay for necessary Improvements on the property owned by the Association.
5.2.5 Asents and Employees. The powerto select, appoint, and remove all officers,
agents, and employees of the Association and to prescribe such powers and duties for them as may
be consistent with law, with the Articles of Incorporation, the Declaration and these Bylaws; and
to fix their compensation and to require from them security for faithful service as deemed advisable
by the Board.
5.2.6 Borrowing. The power to borrow money and, with the approval of Members
representing at least sixty-seven (67yr) percent of the Owners entitled to vote (exclusive of the
Declarant), to encumber Property owned by the Association as security for such borrowing.
Notwithstanding the foregoing, the Association, to the extent permitted by law, shall have the power
to borrow money and to pledge existing and future receivables as security for such borrowing
without the approval of the Members.
5.2.7 Enforcement. The power to enforce the provisions of the Declaration, the
Rules and Regulations, these Bylaws or other agreements of the Association.
5.2.8 Deleeation of Powers. The power to delegate its powers according to law.
5.2.9 Easements. The power to grant easements where necessary for utilities and
other facilities over the property owned by the Association to serve the Common Interest
Community as set forth in the Declaration and to grant and convey such other easements as the
Board of Directors deems prudent including, but not limited to, easements which benefit property
located outside the Common Interest Community.
5.2.10 Rules and Regulations. The power to adopt such Rules and Regulations as
the Board may deem necessary for the management of the Common Interest Community. Such
Rules and Regulations may concern, without limitation, use of the Property owned by the
Association, signs, parking restrictions; commence collection and disposal of refuse; minimum
standards of property maintenance consistent with the Declaration and the provisions of the
Architectural Committee; and any other matters within the jurisdiction of the Association as
provided in ttre Declaration; provided, however, that such Rules and Regulations shall be
inforceable only to the extent that they are consistent with the Declaration, the Articles and these
Bylaws.
5.3 Oualifications of Directors. A Director may be any natr:ral person and need not be
an Owner of a Lot within the Common Interest Community; provided, however, that upon the
expiration of the Declarant's Control Period, at least a majority of the Directors shall be Owners,
other than Declarant, or designated representatives of Owners other than Declarant. A Director may
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H omeowners As s o c iation PageT of 23
be reelected and there shall be no limit on the number of terms a Director may serve.
5.4 Number of Directors. The number of Directors ofthe Association shall be three (3).
Until the time the Declarant's Control Period terminates as provided in the Declaration, the
provisions of this Section 5.4 shall not be amended.
5.5 Appointment. Election and Term of Office. Notrvithstanding any other provision
contained herein:
5.5.1 Prior to the time Members, other than Declarant, own twenty-five percent
(25%) of the Lots, all Directors shall be appointees of Declarant. All Directors appointed by
Declarant shall be subject to removal atarry time and from time to time, by Declarant, in its sole and
absolute discretion.
5..5.2 Within sixty (60) days after the time Members, other than Declarant, own
twenty-five percent (25%) of the Lots which may be created within the Common Interest
Community
^or
whenever Declarant earlier determines, in its sole and absolute discretion, the
Association shall call a special meeting at which Members other than Declarant shall elect one (l)
of the Directors. The remaining two (2) Directors shall be appointed by Declarant. The director
elected by the Members other than Declarant shall not be subject to removal by Declarant acting
alone.and shall be elected for a term of two (2) years or until the happening of the event described
in subparagraph 5.5.3 below, whichever is shorter. If such Director's term expires or such Director
is removed prior to the happening of the event described in subparagraph 5.5.3 below, a successor
shall be elected by the Members other than Declarant for a like term.
5.5.3 Within tldrty (30) days after the time the Declarant's Control Period
terminates as provided in the Declaration, the Association shall call a special meeting at which time
ttre Members, including Declarant, if Declarant is the owner of any Lots, shall elect all three (3)
Directors. The Directors elected by the Members, including Declarant, shall serve until the first
annual'meeting following the termination ofthe Declarant Control Period. If such annual meeting
ocfllrs within thirty (30) days after termination of the Declarant Control Period, this subparagraph
shall not apply and Directors shall be elected in accordance with subparagraph 5.5.5 below.
5.5.4 Within sixty (60) days after the Owners elect a majority of the Board of
Directors, Declarant shall deliver to the Association all property of the Owners and of the
Association held by or controlled by Declarant, including without limitation the following items:
The original, or acertified copy of, the Recorded Declaration5.5.4.1
as amended, the Association's Articles of Incorporation, Bylaws, minute books, and other
books and records, and any rules and regulations which may have been promulgated;
5.5.4.2 An accounting for Association funds and financial statements,
from the date the Association received firnds and ending on the date the Declarant's Contol
Period is terminated. The financial statements shall be audited by an independent certified
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public accountant and shall be accompanied by the accountant's letter, expressing either the
opinion that the financial statements present fairly the financial position of the Association
in conformity with generally accepted accounting principles or a disclaimer of the
accountant's ability to attest to the faimess of the presentation of the financial information
in conformity with generally accepted accounting principles and the reasons therefor. The
expense of the final audit shall not be paid for or charged to the Assocation;
5.5.4.3
5.5.4.4
5.s.4.5
The Association funds or control thereof;
All the Declarant's tangible personal property that has been
represented in a financial statement by Declarant to be the property of the Association and
all of Declarant's tangible personal property that is necessary for, and has been used
exclusively in, the operation and enjoyment of the Property owned by the Association;
A copy of any plans and specifications used in the construction
of the Improvements in the Common Interest Community which are completed within two
(2) years before the Declaration was recorded;
5.5.4.6 All insurance policies then in force, in which the owners, the
Association, or its Directors and Offrcers are named as insured persons;
5.5.4.7 Copies of any certificates of occupancy that may have been
issuedwithrespectto any Improvements comprising theproperty ownedbythe Association;
5.5.4.8 Any other permits issued by govemmental bodies applicable
to the Common Interest Community and which are currently in force or which were issued
within one (1) year prior to the date on which Owners, other than Declarant, took control of
the Association;
5.5.4.9 Written warranties of any contractor, subcontractors, suppliers,
and manufacturers that are still effective;
5.5.4.10 ArosterofOwnersandtheiraddressesandtelephonenumbers,
if known, as shown on Declarant's records;
5.5.4.11 Employment contacts
contacting party; and
which the lsa
5 .5 .4.12 Any service contact in which the Association is a contacting
party or any other contract in which the Association or the Owners have any obligation to
pay afee to the persons performing the services.
5.5.5 At the first annual meeting of the membership, after the termination of the
Declarant's Control Period, the three (3) Directors shall be elected as follows: Directors shall be
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H omeo,vwrer s A s s o ci ation Page9 of 23
elected by the Members, including Declarant, if Declarant is the owner of any Lot in the Common
Interest Community. Two (2) Directors shall be elected for a term of two (2) yeats, and one (1)
Director shall be elected for a term of one (1) year. At the expiration of the initial term of office of
each member of the Board of Directors and at each annual meeting thereafter, a successor shall be
elected to serve for a term of two (2) years.
5 .6 Removal of Directors. Except as set forth in Section 5 .5 , at anymeeting of Members,
the notice of which indicates such purpose, any Director may be removed, with or without cause,
by vote of trvo-thirds (2/3rds) of the Members of the Association entitled to vote and a successor
may be then and there elected to flll the vacancy thus created.
5.7 Resignation of Directors. Any Director may resign at any time by giving written
notice to the President, to the Secretary or to the Board ofDirectors stating the effective date of such
resignation. Acceptance of such resignation shall not be necessary to make the resignation effective.
5.8 Vacancies in Directorships. Any vacancy occurring in the Board of Directors shall,
unless filledinaccordancewith Sections 5.5 and 5.6 orby election ataspecial meeting ofMembers,
be filled by the affirmative vote of a majority of the remaining Directors, though less than a quonrm
of the Board of Directors. A Director elected or appointed to fill a vacancy shall be elected or
appointed for the unexpired term of his predecessor in office. A Directorship to be filled by reason
of an increase in the number of Directors shall be filled only by vote of the Members.
5.g Executive Committee. The Board of Directors, by resolution adopted by a majority
of the Directors in office, may designate and appoint an Executive Committee, which shall consist
oftwo (2) or more Directors and which, unless otherwise provided in such resolution, shall have and
exercise all the authority of the Board of Directors except authority with respect to the matters
specified in the Colorado Nonprofit Corporation Act and the Colorado Common Interest Ownership
Act as matters which such committee may not have and exercise the authority of the Board of
Directors.
5.10 Other Committees of Association. The Board of Directors, by resolution adopted by
a majority of the Directors in office, may designate and appoint one or more other committees,
whicl may consist of or include Members who are not Directors. Any such committee shall have
and exercise such authority as shall be specified in the resolution creating such Committee except
such authority as can only be exercised by the Board of Directors.
5.1 I General ProvisionsApplicableto Committees. The designationandappointnentof
any coflrmiuee and the delegation thereto of authority shall not operate to relieve the Board of
Diiectors, or any individual birector, of any responsibility imposed upon it or him by law. The
provisions of these Bylaws with respect to notice of meeting, waiver of notice, quorums,
ua;ou**rnts, vote required and action by consent applicable to meetings of Directors shall be
applicable to meetings of committees of the Board of Directors.
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5 .12 Maintenance of Fidelitv Insurance. In the event that the Board of Directors delegates
its powers with respect to collection, deposit, transfer, or disbursement ofAssociation funds to other
persons or to a managing agent, as authorized by these Bylaws and the Colorado Common Interest
Ownership Act, then in connection with such delegation of powers, the Board of Directors shall
require:
5 .12.1 That the other persons or managing agent maintain fidelity insurance coverage
or a bond in an amount as the Board of Directors or Executive Committee may require;
5.12.2 That the other persons or managing agent maintain all funds in accounts of
the Association separate from the funds and accounts of other associations managed by the other
persons or managing agent and maintain all reserve accounts of each association so managed
separate from operational accounts of the Association; and
5.12.3 That an annual accounting for Association funds and a financial statement be
prepared and presented to the Associtition by the managing agent, a public accountant, or a certified
public accountant.
6. MEETINGS OF'DIRECTORS.
6.1 Place ofDirectors' Mgetings. Meetings ofthe Board ofDirectors shall be held atthe
principal office of the Association or at such other place, within or convenient to the Common
interest Community, as may be fixed by the Board of Directors and specified in the notice of the
meeting.
6.2 Annual Meetine of Directors. Annual meetings of the Board of Directors shall be
held on the same date as, or within ten (10) days following, the annual meeting of Members. The
business to be conducted at the annual meeting of Directors shall consist of the appointnent of
officers of the Association and the transaction of such other business as may properly come before
the meeting. No prior notice of the annual meeting of the Board of Directors shall be necessary if
the meeting is held on the same day and at the same place as the annual meeting of Members at
which the Board of Directors is elected or if the time and place of the annual meeting of the Board
of Directors is announced at the annual meeting of such Members.
6.3 Other Reeular Meetines of Directors. The Board of Directors shall hold regular
meetings at least quarterly and may, by resolution, establish in advance the times and places for such
regular meetings. No prior notice of any regular meetings need be given after establishment of the
times and places thereof by such resolution.
6.4 Special Meetinss of Directors. Special meetings of the Board of Directors may be
called by the President or any two members of the Board of Directors.
6.5 Notice of Directors'Meetines. In the case of all meetings of Directors for which
notice is required, notice stating the place, day and hour of the meeting shall be delivered not less
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than five (5) nor more than frfty (50) days before the date of the meeting, by mail, facsimile
transmission, electronic mail, telegraph, telephone or personally, by or at the direction ofthe persons
calling the meeting, to each member of the Board of Directors. If mailed, such notice shall be
deemed to be delivered at 5:00 p.m. on the second business day after it is deposited in the mail
addressed to the Director at his home or business address as either appears on the records of the
Association, with postage thereon prepaid. If telegraphed, such notice shall be deemed delivered
at 5:00 p.m. on the next calendar day after it is deposited in a telegraph office addressed to the
Director at either such address, with all charges thereon prepaid. If by telephone, such notice shall
be deemed to be delivered when given by telephone to the Director or to any person answering the
phone who sounds competent and mature at this home or business phone number as either appears
on the records of the Association. If by facsimile transmission or electronic mail, such notice shall
be deemed delivered if proof of receipt of such facsimile transmission or electronic mail can be
obtained from the transmitting device. If given personally, such notice shall be deemed to be
delivered upon delivery of a copy of a written notice to, or upon verbally advising, the Director or
some person who appears competent and mature at his home or business address as either appears
on the records of the Association. Neither the business to be transacted at, nor the purpose of any
regular or special meeting ofthe Board of Directors need be specified in the notice or waiver of such
meeting.
6.6 Proxies. Directors shall be entitled to vote by proxy at arry meeting of Directors.
6.7 Ouorum of Directors. A majority of the number of Directors fixed in these Bylaws
shall constitute a quonrm for the tansaction of business
6.8 Adjournment of Director's Meetings. Directors present aturymeeting of Directors
may adjournthe meeting fromtimeto time, whetherornotaquorum shall bepresent, withoutnotice
other ttran an announcement at the meeting, for a total period or periods not to exceed thirly (30)
days after the date set for the original meeting. At any adjourned meeting which is held without
notice other than anrlouncement at the meeting, the quorum requirement shall not be reduced or
changed, but iftheoriginally required quorum ispresent, anybusinessmay betansactedwhichmay
have been transacted at the meeting as originally called.
6.9 Vote Required at Directors' Meeting.
present, a majority of the votes present in person
At any meeting of Directors, if a quorum is
and entitled to be cast in a matter shall be
necessary for the adoption of the matter, unless a greater
Declaration, the Articles of Incorporation or these Bylaws.
proportion is required by law, the
6.10 Order of Business. The order of business at all meetings of Directors shall be as
follows: (u) rott .at, (U) proof of notice of,meeting or waiver of notice; (c) reading of minutes of
preceding meeting; (d) reports of officers; (e) reports of committees; (f) unfinished business; and
(g) new business.
6.1 I Officers at Meetings. The President shall act as chairman and the Board of Directors
shall elect a Director to act as secretary at all meetings of Directors.
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6.12 Waiver of Notice. A waiver of notice of any meeting of the Board of Directors,
signed by a Director, whether before or after the meeting, shall be equivalent to the giving of notice
of the meeting to such Director. Attendance of a Director at a meeting in person shall constitute
waiver of notice of such meeting excep when the Director attends for the express purpose of
objecting to the tansaction of business because the meeting is not lawfully called or convened.
6.13 Action of Directors Without a Meeting. Any action required to be taken or which
may be taken at a meeting of Directors, may be taken without a meeting if a consent in writing,
setting forth the action so taken, shall be signed by all of the Directors.
OF'X'ICERS.
7.1 Officers. Employees and Agents. The officers of the Association shall consist of a
President and a Secretary. The Board of Directors may also elect or appoint such other ofEcers as
may be determined by the Board of Directors, including, without limitation, one or more Vice
Presidents and a Treasurer. Officers other than the President need not be Directors. Any individual
may hold two (2) or more offices of the Association simultaneously, except the offtces of President
of the Association and Secretary of the Association.
7.2 Appointnnent and Term of Office of Officers. The officers shall be appointed by the
Board of Directors at the annual meeting of the Board of Directors and shall hold offrce, subject to
the pleasure of the Board of Directors until the annual meeting of the Board of Directors or until
theii successors axe appointed, whichever is later, unless the officer resigns, or is removed earlier.
7 .3 Removal of Offrcers. Any officer, employee or agent may be removed by a majority
ofthe members ofthe Board of Directors, with or without cause, whenever in the Board's judgment
the best interests of the Association will be served thereby. The removal of an officer, employee
or agent shall be without prejudice to the contract rights, if any, of the officer, employee or agent
so removed. Election or appoinftnent of an officer, employee or agent shall not of itself create
contract rights.
7.4 Resiguration of OfEcers. Any offrcer may resign at any time by giving written notice
to the President, to the Secretary or to the Board of Directors of the Association stating the efifective
date of such resignation. Acceptance of such resignation shall not be necessary to make the
resignation effective.
7.5 Vacancies in Officers. Any vacancy occurring in any position as an offtcer may be
filled by the Bomd of Directors. An Offrcer appointed to fiIl avacancy shall be appointed for the
unexpired term of his predecessor in office.
7.6 President. The President shall be a member of the Board of Directors and shall be
the principal executive officer of the Association and, subject to the contol of the Board of
Direitors, shall direct, supervise, coordinate and have general control over the affairs of the
Association, and shall have the powers generally attributable to the chief executive officer of a
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corporation. The President shall preside at all meetings of the Board of Directors and of Members
of the Association.
7.7 Vice President. Any Vice President may act in place of the President in case of his
death, absence or inability to act, and shall perform such other duties and have such authority as is
from time to time delegated by the Board of Directors or by the President,
7.8 Secretarv. The Secretary of the Association shall give, or cause to be given, notice
of all meetings of the Members and the Board of Directors and shall attend all such meetings and
keep a record of their proceedings. The Secretary of the Association shall be the custodian of the
seal of the Association and shall have power to affix the same to all documents, the execution of
which on behalf of the Association shall be authorized by these Bylaws, the Articles and/or the
Board of Directors. The Secretary of the Association shall have charge of membership records of
the Association and shall in general perform all duties incident to the office of Secretary of the
Association and such other duties as from time to time may be assigned to the Secretary of the
Association by the Board of Directors or the Chairman ofthe Board of Directors, if any, including,
without limitation, the execution, with the President of the Association, of all documents, the
execution of which on behalf of the Association shall be authorized by these Bylaws, the Articles
and/or the Board of Directors .
7.9 Treasurer. Any Treasurer shall have charge and custody of, and be responsible for,
all funds and securities of the Association; shall deposit all such funds in the ftrme of the
Association in such depositories as shall be designated by the Board of Directors; shall keep correct
and complete financial records and books of account and records of financial transactions and
condition of the Association and shalt submit such reports thereof as the Board of Directors may,
from time to time, require; and, in general, shall perform all the duties incident to the ofFrce of
Treasurer and such other duties uN may from time to time be assigned to him by the Board of
Directors or by the President. The Board may appoint one or more Assistant Treasurers who may
act in place of the Treasurer in case of his death, absence or inability to act.
INDEMNIT'ICATION OF OX'X'ICIALS AI\D AGENTS.
8.1 Certain Definitions. A "Corporate Official" shall mean any Director, officer,
Architectural Committee Member, or Tribunal Member, as hereinafter defined, and any former
Director, officer, Architectural Committee Member, or Tribunal Member of the Association. A
"Corporate Employee" shall mean any employee and any former employee of the Association.
"Expenses" shall mean all costs and expenses, including attorneys' fees, liabilities, obligations,
judgments and any amounts paid in reasonable settlement of a Proceeding. "Proceeding" shall mean
any claim, action, suit or proceeding, whether tlreatened, pending or completed, and shall include
appeals.
8.2 Right of Indemnification. The Association shall indemniff any Corporate Official
and any Corporate Employee against any and all Expenses actually and necessarily incurred by or
imposed upon him to the fullest extent provided by law. The right of indemnification shall not
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H omeowners As s ociat i on Page 14 of 2j
extend to any matter as to which such indemnification would not be lawful under the laws of the
State of Colorado.
8.2.1 Standards of Conduct. The Association shall indemniff any Corporate
Official and any Corporate Employee against liability incurred in or as a result of the Proceeding
if the Corporate Official or Corporate Employee: (i) conducted himself or herself in good faith; (ii)
reasonably believed (A) in the case of a Director acting in his or her official capacrty, that his or her
conduct was in the Association's best interests, or (B) in all other cases, that the Corporate Official's
or Corporate Employee's conduct was at least not opposed to the Association's best interest; and (iii)
in the case of any criminal proceeding, the Corporate Official and Corporate Employee had no
reasonable cause to believe his or her conduct was unlawful.
8.2.2 Settlement. The termination of any Proceeding by judgment, order,
settlement or conviction, or upon a plea of nolo contendere or its equivalent, is not of itself
determinative that the Corporate Official or Corporate Employee did not meet the applicable
standards of conduct as set forttr in subsection 8.2.1.
8.3 Indemnification Prohibited. The right of indemnification shall not extend to matters
as to which the Corporate Official or Corporate Employee: (i) has been adjudged liable for gross
negligence or willful misconduct in the performance of the Corporate Official's or Corporate
Employee's duty to the Association; or (ii) in connection with any Proceeding charging improper
personal benefit to such Corporate Official or Corporate Employee, in which the party was adjudged
liable on the basis that personal benefit was improperly received by such Corporate Official or
Corporate Employee (even if the Association was not thereby damaged). Notwithstanding the
foregoing, the Association shall indemnify such Corporate Official or Corporate Employee if and
to the extent required by the Court conducting the Proceeding, or any other court of competent
jurisdiction to which such Corporate Official or Corporate Employee has applied, if it is determined
by such court, upon application by such Corporate Official or Corporate Employee, that despite the
adjudication of liability in the circumstances in clauses (i) and (ii) of this subsection 8.3 or whether
or not the party met the applicable standards of conduct set forth in subsection 8.2.1, and in view
ofall relevant circumstances, the Corporate Official or Corporate Employee is fairly and reasonably
entitled to indemnification for such expenses as the court deems proper in accordance with the
Colorado Nonprofit Corporation Code.
8.4 PriorAuthorizationRequired. AnyindemnificationunderSectionS.2(unlessordered
by a court or in accordance with Seition 8.5 below) shall be made by the Association only if
authorized in the specific case after a determination has been made that the Corporate Offrcial or
Corporate Employee is eligible for indemnification in the circumstances because such Corporate
Offi;ial or Corporate Employee has met the applicable standards of conduct set forth in subsection
8.2.1 and after an evaluation has been made as to the reasonableness of the Expenses. Any such
determination, evaluation and authorization shall be made by the Board of Directors by a majority
vote of a quorum of such Board, which quorum shall consist of Directors not parties to the
Proceeding, or by such other person or body as permitted by law.
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H om eowners As s o ci ati on Page 15 of 23
8. 5 Success on Merits or Otherwise. Notwithstanding any other provision of this Article
8, the Association shall indemnify such Corporate Official or Corporate Employee to the extent that
such party has been successful, on the merits or otherwise, including, without limitation, dismissal
without prejudice or settlement without admission of liability, in defense of any Proceeding to which
the party was a parly agunst Expenses incurred by such party in connection therewith.
8.6 Advancement ofExpenses. The Association shall pay for or reimburse the Expenses,
or a portion thereof, incurred by a party in advance of the final disposition of the Proceeding if: (a)
the party furnishes the Association a written affirmation of such party's good faith belief that he or
she has met the standard of conduct described in subsection 8.2.1(i); (b) the party furnishes the.
Association a written undertaking, executed personally or on behalf of such party, to repay the
advance if it is ultimately determined that the party did not meet such standard of conduct; and (c)
avthoization of payment and a determination that the facts then known to those making the
determination would not preclude indemnification under this Article have been made in the manner
provided in Section 8.4. The undertaking required by clause (b) must be an unlimited general
obligation of the pafi, but need not be secured and may be accepted without reference to financial
ability to make repayment.
8.7 Payment Procedures. The Association shall promptly act upon any request for
indemnification, which request must be in writing and accompanied by the order of court or other
reasonably satisfactory evidence documenting disposition of the Proceeding in the case of
indemnification under Section 8.4 and by the written affirmation and undertaking to repay as
required by Section 8.5 in the case of indemnification under such Section. The right to
indemnification and advances granted by this Article shall be enforceable in any court of competent
jurisdiction ifthe Association denies the claim, in whole or in part, or ifno disposition of such claim
is made within ninety (90) days after written request for indemnification is made. A party's
Expenses incurredin connectionwith sgccessfully establishing suchparly'srightto indemnification,
in whole or in part, in any such Proceeding shall also be paid by the Association.
8.8 Notification to Members. Any indemnification of or advance of Expenses to a
Director (but not to any other party) in accordance with this Article, if arising out of a Proceeding
by or on behalf of the Association, shall be reported in writing to the Members with or before the
notice of the next meeting of Members.
8.9 Authoritv to Insure. The Association may purchase and maintain liability insurance
on behalf ofany Corporate Offrcial or Corporate Employee against any liability asserted against him
and incurred by him as a Corporate Official or Corporate Employee or arising out of his status as
such, including liabilities for which a Corporate Offrcial or Corporate Employee might not be
entitled to indemnification hereunder.
8.10 Rieht to Impose Conditions to Indemnification. The Association shall have the right
to impose, as conditions to any indemnification provided or permitted in this Article, such
reasonable requirements and conditions as may appear appropriate to the Board of Directors in each
specific case and circumstances, including, but not limited to, any one or more of the following: (a)
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H omeowners As s oci ation Page 16 of 23
that any counsel representing the party to be indemnified in connection with the defense or
settlement of any proceeding shall be counsel mutually agreeable to the party and to the Association;
(b) that the Association shall have the ight, at its option, to assume and control the defense or
settlement of any Proceeding made, initiated, or threatened against the party to be indemnified; and
(c) that the Association shall be subrogated, to the extent of any payments made by way of
indemnification, to all of the indemnified party's right of recovery, and that the party to be
indemnified shall execute all writings and do everything necessary to assure such rights of
subrogation to the Association.
8.11 Other Riehts and Remedies. The indemnification provided by this Article shall be
in addition to any other rights which apafiy may have or hereafter acquire under any law, provision
ofthe Articles of Incorporation, any other or furtherprovision of these Bylaws, vote ofthe Members
or Board of Directors, agreement, or otherwise.
8 .12 Applicability: Effect. The indemnification provided in this Article shall be applicable
to acts or omissions that occurred prior to the adoption ofthis Article, shall continue as to any party
entitled to indemnification under this Article who has ceased to be a Director, offtcer, or employee
of the Association. The repeal or amendmcnt of this Article or of any Section or provision hereof
that would have the effect of limiting, qualiffing, or restricting any of the powers or rights of
indemnification provided or permitted in this Article shall not, solely by reason of such repeal or
amendment, eliminate, restrict, or otherwise affect the right or power of the Association to
indemnify any person, or affect any rights of indemnification of such person, with respect to any acts
or omissions that occurred piior to such repeal or amendment. All rights to indemnification under
this Article shatl be deemed to be provided by a contract between the Association and each party
covered hereby.
8.13 Indemnification of Agents. The Association shall have the right, but shall not be
obligated, to indemniff any agent of the Association not otherwise oovered by this Article to the
fullest extent permissible by the laws of Colorado. Unless otherwise provided in any separate
indemnification arrangement, any such indemnification shall be limited to the provisions of Section
8.3.
8.14 Savings Clause: Limitation. If this Article or any Section or provision hereof shall
be invalidated by any court on any ground, or ifthe Colorado Nonprofit Corporation Act is amended
in such a way as to affect this Article, then the Association shall nevertheless indemniff each party
otherwise entitled to indemnification hereunder to the fullest extent permitted by law or any
applicable provision of this Article that shall not have been invalidated.
g. MISCELLAI\IEOUS.
9.1 Amendment of Bylaws. The Board of Directors shall not have the power to alter,
amend or repeal these Bylaws or to adopt new Bylaws. The Members, at a meeting called for that
pu{pose, shall have the sole power to alter, amend or repeal the Bylaws and to adopt new Bylaws
by a majority of votes present at the meeting and entitled to vote hereunder, if a quorum is present.
Bylaws of The Ranch at Coulter Creek
Homeowners As s ociation Page 17 of 2j
The Bylaws may contain any provision for the regulation or management of the affairs of the
Association not inconsistent with law, the Declaration or the Articles of Incorporation.
Notwithstanding anything to the contrary contained herein, prior to the termination of the
Declarant's Conhol Period, these Bylaws shall not be amended without Declarant's prior written
consent and approval.
9.2 Compensation of Officers. Directors and Members. No Director or Officer shall have
the right to receive any compensation from the Association for serving as such Director except for
reimbursement ofexpenses as may be approved by resolution ofdisinterested members ofthe Board
of Directors.
9.3 Books and Records. The Association shall keep correct and complete books and
records of account and shall keep, at its principal office in Colorado, a record of the names and
addresses of its Members, inc,luding Declarant, and copies of the Declaration, the Articles of
Incoqporation and these Bylaws which may be purchased by any member at reasonable cost. All
books and records of the Association, including the Articles of Incorporation, Bylaws as amended
and minutes of meetings Members and Directors may be inspected by any Member, or his agent or
attorney, for any proper purpose. The right of inspection shall be subject to any reasonable rules
adopted by the Board of Directors requiring advance notice of inspection, speciffing hours and days
of the week during which inspection will be permitted and establishing reasonable fees for any
copies to be made or furnished.
g.4 Annqal Report. The Board of Directors shall cause to be prepared and distributed
to each Member, not later than ninety (90) days after the close of each fiscal year ofthe Association,
an annual report of the Association containing (a) an income stratement reflecting income and
expenditures of the Association for such fiscal year; (b) a balance sheet as of the end of such fiscal
year; (c) a statement of changes in financial position for such fiscal yezr; and (d) a statement ofthe
place of the principal office of the Association where the books and records of the Association,
including a list of names and addresses of current Members, may be found.
9.5 Statement of Account. Upon written request of an Owner of a Lot or any person with
any right, title or interest in a Lot or intending to acquire any right, title or interest in a Lot, the
Association shall fumish a written statement of account setting forth the amount of any unpaid
assessments, or other amounts, if any, due or accrued and then unpaid with respect to the Lot, the
Owner of the Lot and the amount of the assessments for the current fiscal period of the Association
payable with respect to the Lot. Such statement shall be issued within fourteen (14) business days
after receipt of such request by the Association and, with respect to the party to whom it is issued,
shall be conclusive against the Association and all parties, for all purposes, that no greater or other
amounts were then due or accrued and unpaid and that no other assessments have then been levied.
As provided inthe Declaration, areasonable administrative charge may be made forproviding such
statements.
9.6 Biennial Corporate Reports. The Association shall file with the Secretary of State
of Colorado, within the time prescribed by law, biennial corporate reports on the forms prescribed
Bylaws of The Ranch at Coulter Creek
H om e owner s A s s oc iati on Page 18 of 23
and fumished by the Secretary of State and containing the information required by law and shall pay
the fee for such filing as prescribed by law.
9.7 Fiscal Year. The fiscal year of the Association shall begin on January 1 and end the
succeeding December 31 except that the first fiscal year shall begin on the date of incorporation.
The fiscal year may be changed by the Board of Directors without amending these Bylaws.
9.8 Seal. The Board of Directors may adopt a seal which shall have inscribed thereon
the name of the Association and the words "SEAL" and 'COLORADO".
9,9 Shares of Stock and Dividends Prohibited. The Association shall not have or issue
shares of stock and no dividend shall be paid and no part of the income or profit of the Association
shall be distributed to its Members, Directors or officers.
Notwithstanding the foregoing paragraph, the Association may issue certificates
evidencing membership'therein, may confer benefits upon its Members in conformity with its
purposes and, upondissolutionor final liquidation, maymake distributions aspermittedby law, and
no such payment, benefit or distribution shall be deemed to be a dividend or distribution of income
or profit.
9. 10 Loans to Directors and Officers Prohibited. No loan shall be made by the Association
to any Director or officer, and any Director or officer who assents to or participates in the making
of any such loan shall be liable to the Association for the amount of such loan until the repayment
thereof.
9.ll Limited Liability. As provided in the Articles of Incorporation and Deblaration, the
Association, the Board of Directors, the Architectural Committee, Declarant, and any Member,
agent or employee of any of the same, shall not be liable to any person or entity for any action or
for any failure to act if the action taken or failure to act was in good faith and without malice.
9.12 Minutes and Presumptions Thereunder. Minutes or any similar record or the
meetings ofMembers, or ofthe Board of Directors, when signed by the Secretary or acting Secretary
of the meeting, shall be presumed to truthfully evidence the matters set forth therein. A recitation
in any such minutes that notice of the meeting was properly given shall be prima facie evidence that
the notice was given.
g.l3 Checks. Drafts and Documents. All checks, drafts or other orders for payment of
money, notes or other evidences of indebtedness, issued in the name of or payable to the
Association, shall be signed or endorsed by such person or persons, and in such manner as, from
time to time, shall be determined by resolution of the Board of Directors.
9.14 Execution ofDocuments. The Board ofDirectors, except as these Bylaws otherwise
provide, may authorize arrry officer or offrcers, agent or agents, to enter into any contract or execute
any instrument in the name and on behalf of the Association, and such authority may be general or
Bylaws of The Ranch at Coulter Creek
H om e owners Ass o ci ation Page 19 of 23
10.
confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent
or employee shall have any power or authority to bind the Association by any contract or
engagement or to pledge its credit or to render it liable for any purpose or in any amount.
NOTICE AND HEARING PROCEDURE.
10.1 Association's Enforcement Rights. In the event of an alleged violation by a Member
("Respondent") of the Declaration, these Bylaws or the Rules and Regulations, the Board of
Directors shall have the right, after Notice and Hearing as hereinafter provided, and upon an
afFrrmative vote of a majority of all Directors on the Board, to take any one or more ofthe following
actions: (a) levy an Assessment as provided in the Declaration; (b) suspend or condition the right
of said Member and anyone claiming through such Member to the use and enjoyment of any
recreational facilities operated or maintained by the Association (to the extent any such person or
entity is otherwise entitled to such use); (c) suspend said Member's voting privileges as a Member,
as provided in the Declaration; provided, however, that the Board shall be entitled to suspend a
Member's voting right without Notice of Hearing in the event such Member fails to pay any
assessment levied pursuant to the terms and provisions of the Declaration; or (d) Record a Notice
ofNoncompliance againstthe Lot ofthe Respondent. Any such suspension shall be for aperiod of
not more than thirly (30) days for any non-continuing infraction, but in the case of a continuing
infraction (such as nonpayment of any Assessment after the same becomes delinquent) such
suspension may be imposed for so long as the violation continues. The failure of the Board or the
Architectural Committeeto enforcethe Rules andRegulations,theseBylaws orthe Declaration shall
not constitute awaiver ofthe right to enforce the same thereafter. The remedies set forth above and
otherwise provided in the Declaration or these Bylaws shall be cumulative and none shall be
exclusive. However, any individual Member must exhaust all available internal remedies of the
Association prescribed by these Bylaws and the Rules and Regulations, before that Member may
resort to a court of law for relief with respect to any alleged violation by another Member of the
Declaration, these Bylaws or the Rules and Regulations, provided that the foregoing limitation
pertaining to exhausting administrative remedies shall not apply to the Board or to any Member
where the complaint alleges nonpayment of Assessments.
lO.2 V/ritten Complaint. A hearing to determine whether enforcement action under the
Declaration or ttrese Bylaws should be taken shall be initiated by the filing of a written Complaint
by any Member or by any officer or member of the Board of Directors or the Architectural
Committee wittr ttre President of the Association or other presiding member of the Board. The
Complaint shall contain a written statement of charges which shall set forth in ordinary and concise
language the acts or omissions with which the Respondent is charged and a reference to the specific
provisions of the Declaration, these Bylaws or the Rules and Regulations which the Respondent is
alleged to have violated.
10.3 Notice of Complaint and Notice of Defense. A copy of the Complaint shall be
delivered to the Respondent in accordance with the notice provisions set forth in the Declaration,
together with a statement which shall be substantially in the following form:
Bylaws of The Ronch at Coulter Creek
H orn eowners As s o ciat ion Page 20 of 23
"Unless a written request for a hearing signed by or on behalf of the person named
as Respondent in the accompanying Complaint is delivered or mailed to the Board
of Directors within fifteen (15) days after the Complaint was served upon you, the
Board of Directors may proceed upon the Complaint without a hearing, and you will
have thus waived your right to a hearing. The request for a hearing may be made by
delivering ormailing the enclosed form entitled "Notice of Defense" to the Board of
Directors at the following address: c/o Attn:
You may, but need not, be represented by
counsel at any or all stages of these proceedings. If you desire the names and
addresses or witresses or an opportunity to inspect any relevant writings or items on
file in connection with this matter in the possession, custody or contol of the Board
of Directors, youmay contract
The Respondent shall be entifled to a hearing on the merits of the matter if the Notice of Defense
is timely filed with the Board of Directors. The Respondent may file a separate statement by way
of litigation, even if he does not file aNotice of Defense.
10.4 Tribunal. The President shall appoint a hearing Committee ('Tribunal") of three
natural persons (the "Tribunal Members") upon receipt of a written Complaint as provided in
Section 10.2 of these Bylaws. Members of the Tribunal need not be Members of the Association.
In appointing the members ofthe Tribunal, the President should make a good faith effort to avoid
appointing next door neighbors of the Respondent or any Members of the Association who are
essential witresses to the alleged violation giving rise to the Complaint. The decision of the
President shall be final, except that the Respondent may challenge any member of the Tribunal for
cause, where a fur and impartial hearing canirot be afforded, at any time prior to the taking of
evidence at the hearing. In the event of such a challenge, the Board of Directors shall meet to
determine the sufficiency of the challenge, without the President voting. If such a challenge is
sustained, the President shall appoint another member to replace the challenged member of the
Tribunal. All decisions of the Board of Directors in this regard shall be final. The Tribunal shall
elect a Chairrnan and appoint a hearing officer who shall take evidence and ensure that a proper
record of all proceedings is maintained. There shall be no liability imposed upon any member of
the Tribunal for any loss, damage or injury arising out of or in any way connected with the
perfomrance ofthe duties ofthe Tribunal unless due to the willful misconduct ofthe party to be held
liable.
10.5 Notice of Hearine. The Tribunal shall serve a Notice of Hearing, as provided herein,
on all parties at least ten (10) days prior to the hearing, if such hearing is requested by the
Respondent. The hearing shall be held no sooner than thirty (30) days after the Complaint is mailed
or delivered to ttre Respondent as provided in Section 10.3 of these Bylaws. The Notice of Hearing
to the Respondent shall be substantially in the following form but may include other information:
"You are hereby notified that a hearing will be held before a Tribunal appointed by
the President of The Ranch at Coulter Creek Homeowners Association at
day of
Page 21 of 2iBylau,s of The Ranch at Coulter Creek
H om eowners Ass oci ation
Colorado on the
c*pr"t,fi *,;rd;:Jl'*""H0.r,.*,,;,liliffi l:Iffi ffi T"::h:
be represented by counsel, may present any relevant evidence, and will be given full
opportunity to cross-examine all witnesses testiffing against you. You are entitled
to compel the attendance of witnesses and the production of books, documents or
other items by applying to the Board of Directors of the Association."
10.6 Hearing.
10.6.1 Oral evidence shall be taken only on oath or affirmation administered by an
officer ofthe Association. The use of affrdavits and written interrogatories in lieu of oral testimony
shall be encouiaged by the Tribunal.
10.6.2 Eachparty shallhavetheserights: to callandexaminewitnesses; to intoduce
exhibits; to cross-examine witnesses on any matter relevant to the issues; to impeach any witness;
and to rebut the evidence against him. If respondent does not testiff in his own behalf, he may be
called and examined as if under cross-examination.
10.6.3 The hearing need not be conducted according to technical rules relating to
evidence and wihesses. Any relevant evidence shall be admitted if it is the sort of evidence in
which responsible persons are accustomed to rely in the conduct of serious affairs, regardless ofthe
existence of any common law or statutory rule which might make improper the admission of such
evidence over objection in civil action. Hearsay evidence may be used for the purpose of
supplementing or explaining other evidence but shall not be sufficient in itself to support a finding
unless it would be admissible over objection in civil actions. The rules ofprivilege shall be efflective
to the extent that they are otherwise required by statute to be recognized ut tt " hearing, and
irrelevant and unduly repetitive evidence shall be excluded.
10.6.4 Neither the accusing Member or the Respondent must be in attendance at the
hearing. The hearing shall be open to attendance by all Members of the Association to the extent
of the permissible capacity of the hearing room.
10.6.5 In rendering a decision, official notice may be taken at any time of any
generally accepted matter within the Declaration, these Bylaws, the Rules and Regulations, or the
working of the Association. Persons present at the hearing shall be informed of the matters to be
noticed by the Tribunal, and these matters shall be made apmtof the record of proceedings.
10.6.6 The Tribunal may grant continuances on a showing of good cause.
10.6.7 Whenever the Tribunal has commenced to hear the matter and a member of
the Tribunal is forced to withdraw prior to a final determination by the Tribunal, the remaining
members shall continue to hear the case and the hearing officer shall replace the withdrawing
member.
Bylaws of The Ranch at Coulter Creek
Hom eowner s As s oci at ion Page 22 of 2i
10.7 Decision. If the Respondent fails to file aNotice of Defense as provided in Section
10.3 of these Bylaws, or fails to appear at a hearing, the Tribunal may take action based upon the
evidence presented to it without notice to the Respondent. However, the Respondent may make any
showing by way of mitigation. The. Tribunal will prepare written findings of fact anh
recommendations for consideration by the Board of Directors. The Tribunal shall make its
determination only in accordance with these Bylaws. After all testimony and documentary evidence
has been presented by the Tribunal, the Tribunal shall vote by secret written ballot upon th" matter,
with a majority of the entire Tribunal controlling. Disciplinary action and levy of a fleimbursement
Assessmentunderthe Declaration, these Bylaws orRules andthe Regulations shall be imposed only
by the Board ofDirectors and inaccordancewith.the findingsandrecommendations ofthi TribunJ.
The Board of Directors may adopt the recommendations of the Tribunal in their entirety or the
Board may reduce the proposed penalty and adopt the balance of the recommendations. In nb event
shafl the Board impose more stringent enforcement action than recommended by the Tribunal. The
decision of the Board shall be in writing and shall be served and posted in the iame manner as the
findings and recommendations of the Tribunal. The decision of the Board shall become effective
ten (10) days after it is served upon the Respondent, unless otherwise ordered in writing by the
Board of Directors- The Board may order a reconsideration at any time within fifteen 1tS; aays
following service of its decision on the involved persons, on its own motion or on petitio" Uy *y
party. However, no action against the Member arising from the alleged violation shall take effeit
prior to the expiration of the later of (a) fifteen (15) days after the member's receipt of the Notice
of Hearing; or (b) five (5) days after the hearing required herein.
CERTIFICATE OF SECRETARY
I, the trndersigned, do hereby certiff that
1. I am the duly elected and acting Secretary of The Ranch at Coulter Creek
Homeowners Association, a colorado non-profit corporation ("Association,'); and
2. The foregoing Bylaws, comprising _ pages, constitute the Bylaws of the
Association duly adopted by unanimous consent of the Board of Directors of the Association.
IN WITNESS WHEREOF,I have hereunto subscribed my hand and affixed the seal of the
Association this _ day of
Secretary
Bylaws of The Ranch at Coulter Creek
Hom e owners As s oci ati on Page 2j of 2j
tgmalloy consultin g, LLc
Site Design o Land Use Planning o Public Process
March 10,2004
Fred Jarman
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 8160I
RE: Final Plat Revisions and Supplemental Information for March 15,2004 BOCC Hearing
Coulter Creek PUD VestinglFinal Plat.
Dear Fred:
Ranch at
On behalf of SlC-Laurence, LLC we are proving this letter in response to the request of the Garfield
County Planning Office for clarifications and revisions to the Final Plat application for the Ranch at Coulter
Creek PUD subdivision as outlined in your letter of February 11,2004 (Attachment l). In addition, Larry
Green of Balcomb & Green, P.C., attorney for the Applicant, has been working with the County Staff to
make requested revisions to the Declaration of Protective Covenants, Subdivision Improvements Agreement
and other homeowner's association documents. These documents, as revised pursuant to the various
discussions between Mr. Green and the County Staff, will be provided by Mr. Green under separate cover.
The following documents are included with this cover letter:
Copy of February I l,2OO4letter from Garfield County Building and Planning Department;
3 Additional Copies of Final Plat Submission book (number of copies based on discussion with you
regarding the number of copies remaining in your office);
6 Sets of engineering drawings including details of water tank;
6 Paper copies of Final Plat drawings (mylar copy with all required signatures will be provided at
March l5th BOCC meeting);
Certificate of Taxes Due for 2003 taxyear;
Resolution No. 2004-14 of the Garfield County Board of County Commissars (signed and recorded
version);
o Resolution No. 2OO4-15 of the Garfield County Broad of County Commissioners (signed and
recorded version).
For your convenience, the actual text from your letter of February 11,2004 has been included and has been
highlighted in bold, the Applicant's response follows immediately after each Staff comment or question.
General Plat Comments
A. Plat note No. I needs to be reworked to eliminate any reference to the previous Preliminary
Plan because that has been superseded by the more recent approvals granted by the BOCC.
It appears that the Planned Unit Development Resolution No. is 2004 - 14 and the
Preliminary PIan Resolution No. is 2004 - 15. You will need to get their respective reception
a
a
a
a
a
a
4O2ParkDrive r Glenwood Springs r Colorado r 81601 r phone: 945-0832 r e-mail: tgmalloy@sopris.net
RCC/Response to Staffs Question and Comments Regarding Final Plat Submission
0i/r 0/2004
1/Response to Stuffs Question and Comments Regarding Final Plat Submission 2
0/2004
numbers from the clerk and recorder.
Response: Plat note number I has revised ton include references to the appropriate resolutions of
approval; including Resolution No. 2004-14, which grants PUD rezoning approval and Resolution No.
ZAa+-tS,which grants preliminary plan approval. Drafts of these resolutions were incorporated in the
Final Plat Application. However, we have included copies of the signed and recorded versions of these
resolutions with this letter (see Attachments 2 and 3).
B. Plat note l0(c) refers to a statute which should begin with "C.R.S." rather than "C.R.."
Response: Plat note l0(c) has been appropriately revised.
Conditions of Preliminarry Plan Approval
A. Condition No.2 (BXi) states that the Applicant shall include "Fencing shall be kept to a
minimum and follow the CDOW fencing recommendations" in the Protectlve Covenants. You
reference a general fencing design that only specifies height at no taller than 42". While this
is good, the fencing designs endorsed by the DOW are more specific to include the following
that needs to be included in the covenants:
Due to thefact that wildtife does travel through the area, allfencing should be eliminated. If
absolutely necessary, homeowners need to adhere to wildlife friendly fencing consiitent with
the Colorado Division of Wildlife approvedfences. For wirefencing, a maximum height of
48" with no more than 4 strands and a 12" kickspace between the top two strands is
sufficient. Railfencing should be held to a maximum height of 42u with at least 18'
between two of the rails. Meshfencing is strongly discouraged, as it significantly impairs
wildlife movement.
Response: The Declaration of Protective Covenants (DOPC) have been revised to incorporate this
language (see revised DOPC provided by Balcomb & Green, P.C., under separate cover).
B. Condition No. 2 (BXviii) states that the Applicant shall include a "Reference to (sic) or
incorporate the Witdfire Hazard Mitigation Plan and Wildfire Hazard Analysis in the
Protective Covenants. It appears you reference some of the plan but leave out much of the
plan. The Fire District should also note this issue.
Response: The Declaration of Protective Covenants have been revised to incorporate a reference to the
Wildfire Hazard Analysis and Mitigation Plan as Exhibit B (see revised DOPC provided by Balcomb &
Green, P.C., under separate cover). The WildfireHazard Analysis and Mitigation Plan, which will be
incorporated as Exhibit B in the recorded version of the DOPC, is included in the Final Plat Application
as Exhibit 14. We understand that the Fire District has confirmed its approval of this plan with the
Building and Planning Department.
C. Condition No.3 states "The following geologic hazard mitigation measures shall be adhered:"
You have not addressed how these mitigation measures will be adhered to. I suggest you
incorporate these as plat notes as well as in the protective covenants as disclosures to future
lot purchasers.
4O2ParkDrive r GlenwoodSprings r Colorado r 81601 r phone: 945-0832 r e-mail:tgmalloy@sopris.net
RCC/Response to Staffs Question and Comments Regarding Final Plat Submission
03/10/2004
The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP GeoTech")
outlined in the Preliminary Geotechnical Study for the Subdivision dated February
28,2003, [Job No. 103 1151 shall be adhered. These Preliminary Design
Recommendations include provisions for foundations, floor slabs, under-drain
system, site grading, surface drainage and pavement subgrade.
In addition to the drain systems for foundations recommended by IIP GeoTech, due
to the presence of swelling clay soils, perimeter drains should be installed around
foundations. Perimeter drains prevent excessive ground moisture from saturating the
soils and thus reduce the over potential for expansion or consolidation.
Due to the possible presence of radon gas in the area, testing for radon gas shall be
done when the residences and other occupied structures have been completed, prior to
the issuance of a Certificate of Occupancy.
Response: These recommendations have been incorporated into the Declaration of Protective
Covenants (see revised DOPC provided by Balcomb & green, P.C., under separate cover) and on the
Final Plat as plat notes 1 5, l6 and 17.
D. Condition No.4 states "The Applicant shall comply with the recommendations of the
C".ftUACounty Road and Bridge Department, dated April2,2003, except for internal
culverts which shall comply with the recommendations outlined in the Drainage Report
prepared by Sopris EngineeringrLLC dated February 7,2003." You have not addressed how
these recommendations will be adhered to. I suggest you incorporate these as part of the SIA.
Response: The proposed improvements, to which the comments of the Road and Bridge Department
are referring, have already been constructed in accordance with the Road and Bridge Departments
recommendations. The improvements have been inspected by a representative of the Road and Bridge
Department and we understand they have confirmed their approval of the improvements with the
Building and Planning Office.
E. Condition No. 5 states "Prior to Final Plat submittal, the Applicant shall finalize, with the
Carbondale and Rural Fire Protection District, the locations for pull-outs for emergency
vehicles. These pull-outs shall be delineated on the Final Plat." I am waiting for the Fire
District to provide comments on this condition.
Response: The pull-outs depicted on the attached Final Plat drawings were established in cooperation
witfi the staff ofihe Carbondale and Rural Fire Protection District (CRFPD). We understand that the
District has confirmed their approval of the locations of the pull-outs with the Building and Planning
Department since the February 11'h letter from Fred Jarman was prepared'
F. Condition No. 7 states "Prior to Final Plat, the Appticant shall submit a copy of the final
,.wildfire hazard mitigation plan" that has been reviewed and signed off by both the
Carbondale and Rural Fire Protection District and the Garfield County Sheriffs
Department." I am waiting for the Fire District and the Sheriffs department to provide
comments on this condition.
Response: See response to Condition B above.
A.
B.
C.
4O1ParkDrive r Glenwood Springs r Colorado r 81601 r phone: 945-0832 r e-mail: tgmalloy@sopris.net
lC/Response to Staffs Question and Comments Regarding l'inal Plat Submission 1
t0/2004
G. Condition No. 8 states "Prior to the recording of the Final Plat, the Applicant shall provide a
written approval of the signed and recorded Resolution by the Carbondale and Rural Fire
Protection District Board regarding the annexation of the property into the Fire Districto as
well as the court order to include the property within the District boundarA." You have not
submitted any'6court order" for our review.
Response: A copy ofthe signed resolution approving annexation for the portion ofthe property not
already included within the Fire District (Resolution 2003-3) has been provided as Exhibit 13 of the
Final Plat Application. With respect to the court order, we would direct your attention to condition
number 1(i) of Resolution 2003-3 of the Carbondale and Rural Fire Protection District which states as
follows:
"Notwithstanding its dbte of approval, this Resolution shall not become effective unless and until all
conditions of this Resolution of Approval have been completed and the Jinal subdivision plat approval
for Ranch at Coulter Creek is granted by the Board of County Commissioners of Garfield County
approving a twenty-seven (27) unit subdivision upon terms and conditions acceptable to the Petitioner.
W hwlrrtrotsofthe F iterty *tffitbo'ledrmit&d tott*,ffi
ffi ryroval ie granrttend,urtll.all,of the coflfiHmriafffi
ffitrl*dml.&*tsfuwffiifidlfrat ttuw beenconplt#cl. Petitioner shall provide security to
Garfield County to guarantee its performance of those conditions of this Resolution which are to be
performed after recording of the Final Plat. 1iirefi&txtlittltittar''pWfifr,ffie
sM ar,6n&4*m, trnclwiwlfipglbwn iwrd'by tllffi,ffiilWntilfr3
cgffi #mnHnrmndh :tl* {, 6 op e.r tv.' I
Upon receiving Final Plat approval from the Garfield County Board of County Commissioners the Fire
District will submit an Order for Inclusion to the Garfield County District Court to formalize the
Applicant's request for inclusion.
H. Condition No. 11 requires "The Applicant shall provide the following weed management
information for review and approval by the Garfield County Weed Management Director
prior to the submittal of Final Plat." This is under review by the County Vegetation
Management Director and comments are to follow.
Response: A weed management plan was included as Exhibit 15 of the Final Plat Application. We
understand that this plan has been reviewed and approved by Steve Anthony, County Weed
Management Specialist. Mr. Anthony has recommended that the County obtain a revegetation security
in the amount of $ I I 0,000.00. The Applicants are in the process of securing a "letter of credit" for this
amount. The Applicant intends to have a copy of the letter of credit (without signatures) to the County
staff prior to the March 15tr' meeting of the Board of County Commissioners. For logistical reasons
related to the fact that the Applicant's corporate office is located in Chicago, the final signed version of
the letter of credit may not be available at the March 15th meeting. The final signed version should be
available within one to two days of the March 15th meeting.
I. Condition No. l6 states "The Board of County Commissioners accepts the recommendation
of the State Engineer's Office detailed in the M:ayr29,2003,letter of Kenneth Knox. Prior to
Final Plat approval, the Applicant shall provide the County with a copy of a final Water
Court Decree for the plan for augmentation for the Subdivision as stated in the letter dated
N.Iay 29r 2003 from the office of the State Engineer. Prior to recording of the Final Plat, the
Applicant shall provide the County with copies of approved well permits for each well which
is to be part of the water supply system. In the event that the Applicant intends to dritl
4O2Park Drive r Glenwood Springs r Colorado r 81601 r phone: 945-0832 r e-mail: tgmalloy@sopris.net
RCC/Response to Stuff s Question and Comments Regarding Final Plat Submission
03/1 0/2004
additional wells, or different wells, than those which have already been pump tested and
found to provide an adequate water supply by the Zancanella and Associates' report now in
the record, then, as part of the Final Plat approval process, the Applicant shall provide test
results which demonstrate, to either the office of the State Engineer or to a private consultant
retained by the County at the expense of the Applicant, that such additional or different wells
will provide an adequate physical supply of water to the Subdivision. The Applicant agrecs
to pay for the servicls of a private consultant to the Board of County Commissioners to
,.ri"w the Zancanella and Associates' report regarding already drilted wells should the State
Engineer not clarify its lack of comments on the physical adequacy of the water supply in the
},{ay 29,2003,|etter."
primarily, this has been met. I have referred the water documents back to the Division of
Water Resources to ensure that the approved decree continues to match the finally approved
project.
Response: The reserves the right to respond to any comments of Division of Water Resources should
any be offered.
J. Condition Nos. 19 and 20 will be addressed through the Fire District review with comments
that are forthcoming.
Response: Condition number l9 relates to the requirement that the Fire District be provided the
,p..ifi" language for a perpetual non-exclusive easement for access to the antenna site so that the
language .un Ui negotiated- and approved prior to approval of the Final Plat. The language, which is
inclrpJrated in theixhibits to Resolution 2003-3 (Exhibit 13 of the Final Plat Application), was
prepared in cooperation with the Fire District.
Condition number 20 refers to the fact that the engineering report in the PUD/Preliminary PIan
Application referred to a previously proposed water system which did not match the then current master
utiiity drawings and that the utility diawings included with the PUD/Preliminary Plan Application
contained the following note; "sei Mclaughlin Rincon drawings for details of pump station and storage
tank installation." Since the Mclaughlin Rincon drawings had not been included in the
pUD/Preliminary Plan application, Conditions number includes a requirement that these drawings be
referred to the Carbondali and Rural Fire Protection District for review and approval prior to Final Plat
approval. The Mclaughlin Rincon drawings were included in the Final Plat Application, which was
.eferred to the Fire Dislrict. We understand that the Fire District has subsequently confirmed their
approval of the water supply plan for the project with the Building and Planning Department.
OTHER ISSTIES
Cerrilicate d Taxes Due: Atthe time the Final Plat Application was submitted the tax statements for the
*x;o$ haj not yet been issued. Therefore, the Certificate of Taxes Due provide as Exhibit 7 of the Final
plat Application was for tax year 2002. Since that time, the Applicant has received the current-years tax
property tax statements and has paid the property tax as indicated be the Certificate of Taxes Due provided
as Attachment 4 to this letter.
SUMARY
with this letter and the information being submitted under separate cover by Balcomb and Green, P.C., we
believe that we have addressed all of theitaff s concerns and questions regarding the Final Plat submission
4O2parkDrive rGlenwoodSprings r Colorado r 81601 rphone:945-0832 re-mail:tgmalloy@sopris.net
for this p We have met all of the submission criteria necessary for final plat approval. We want to
acknowledge e County staff for their work and cooperation during the review of the Final Plat
this project and we look forward to the meeting with the Board of County CommissionersApplication
on March 1 to the final approval of the Ranch at Coulter Creek PUD project.
Tim Malloy,
Attachments:
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
cc: John Sarpa
Larry Green
File
tgm
Copy of February 1 1,2004 Letter from Fred Jarman
Resolution No. 2004-14 of the Board of County Commissioners
Resolution No. 2004-15 of the Board of County Commissioners
Certificate of Taxes Due (Tax Year2003)
consu
4O1ParkDrive rGlenwoodSprings r Colorado r81601 rphone:945-0832 re-mail:tgmalloy@sopris.net
Attachment I
February ll,- 2004 Letter from Fred Jarman
Ranch at Coulter Creek PUD
Revisions to Final Plat and Supplernental Inforrnation Match 2004
Gaolield Coanty
BUILDING & PLANNING DEPARTMENT
February 11,2004
Tim Malloy
TG Malloy Consulting" LLC
402Park Drive
Glenwood Springs, Colorado 81601
RE: Final Plat review for the Ronch at Coulter Creek
Tim,
In my initial review of the final plat documents submiued to this office on January 27,-2OO4,l
have provided a list of comments for your review. While this application is presently being
reviewed by the following agencies / county deparbnents; it only reflects initial planning
comments:
County Sheriff
County Attorney' s Office
County Vegetation Management Director
County Surveyor
County Engineering Departrnent
County Road & Bridge Department
Carbondale and Rural Fire Protection District
Colorado Division of Water Resources
As an overall comment, the final plat documents are well organized and provide helpful
guidance for a review. I offer the following comments for your review. Also note, I will send
other review comments, if any, direcfly to you as I receive them to facilitate any action you may
need to make.
General Plat Comments
A. Plat note No. I needs to be reworked to eliminate any reference to the prwious
Preliminary Plan because that has been superseded by the more recent approvals granted
by the BOCC. It appears that the Planned Unit Development Resolution No. is 2004 - 14
and the Preliminary Plan Resolution No. is 2004 - 15. You will need to get their
respective reception numbers from the clerk and recorder.
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 94s-5212 (970) 2ss-7972 Fax: (970) 384-j470
a)
b)
c)
d)
e)
0
s)
h)
B. Plat note l0(c) refers to a statute which should begin with "C.R.S." rather than "C.R.."
Conditions of Apgoval
A. Condition No. 2 (BXi) states that the Applicant shall include "Fencing shall be kept to a
minimum and follow the CDOW fencing recommendations" in the Protective Covenants.
You reference a general fencing design that only specifies height at no taller thar;- 42".
While this is good, the fencing designs endorsed by the DOW are more specific to
include the following that needs to be included in the covenants:
Due to the fact that wildlife does travel through the area, all fencing should be
eliminated. If absolutely necessary, homeowners need to adhere to wildlife
friendly fencing consistent with the Colorado Division of Wildlife approved
fences. For wire fencing, a mmimum height of 48" with no more than 4 strands
and a 12" kiclcspace between the top two strands is sfficient. Railfencing should
be held to a mmimum height of 42" with at least 18" between two of the rails.
Mesh fencing is strongly discouraged, os it significantly impairs wildlife
movement.
Condition No. 2 (BXviii) states that the Applicant shall include a "Reference to (sic) or
incorporate the Wildfire Hazard Mitigation Plan and Wildfire Hazard Analysis in the
Protective Covenants. It appears you reference some of the plan but leave out much of the
plan. The Fire District should also note this issue.
Condition No. 3 states "The following geologic hazard mitigalion measures shall be
adhered:" You have not addressed how these mitigation measures will be adhered to. I
suggest you incorporate these as plat notes as well as in the protective covenants as
disclosures to future lot purchasers.
A. The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP GeoTech")
outlined in the Preliminary Geotechnical Study for the Subdivision dated
February 28,2003, [Job No. 103 115] shall be adhered. These Preliminary
Design Recommendations include provisions for foundations, floor slabs, wrder-
drain system, site grading, surface drainage and pavement subgrade.
B. In addition to the drain systems for foundations recommended by HP GeoTech,
due to the presence of swelling clay soils, perimeter drains should be installed
around foundations. Perimeter drains prevent excessive ground moisture from
saturating the soils and thus reduce the over potential for expansion or
consolidation.
C. Due to the possible presence of radon gas in the area, testing for radon gas shall
be done when the residences and other occupied structures have been completed,
prior to the issuance of a Certificate of Occupancy.
B.
C.
I
I
D.Condition No. 4 states "The Applicant shall comply with the recommendations of the
Garfield County Road and Bridge Department, dated Apil2,2003, except for internal
culverts which shall comply with the recommendations outlined in the Drainage Report
prepared by Sopris Engineering, LLC. dated February 7, 2003." You have not addressed
how these recommendations will be adhered to. I suggest you incorporate these as part of
the SIA.
Condition No. 5 states "Prior to Final Plat submitial, the Applicant shall finalize, with the
Carbondale and Rural Fire Protection District, the locations for pull-outs for emergency
vehicles. These pull-outs shall be delineated on the Final Plat." I am waiting for the Fire
District to provide comments on this condition.
Condition No. 7 states "Prior to Final Plat, the Applicant shall submit a copy of the final
'\ruildfire hazard mitigation plan" that has been reviewed and signed off by both the
Carbondale and Rural Fire Protection District and the Garfield County Sheriffs
Department." I am waiting for the Fire District and the SherifPs department to provide
comments on this condition.
G. Condition No. 8 states "Prior to the recording of the Final Plat, the Applicant shall
provide a written approval of the signed and recorded Resolution by the Carbondale and
Rural Fire Protection District Board regarding the annexation of the properly into the Fire
District, as well as the court order to include the property within the District boundary."
You have not submitted any "court order" for our review.
H. Condition No. 1l requires "The Applicant shall provide the following weed management
information for review and approval by the Garfield County Weed Management Director
prior to the submittal of Final Plat." This is under review by the County Vegetation
Management Director and comments are to follow.
I. Condition No. 16 states "The Board of County Commissioners accepts the
recommendation of the State Engineer's Office detailed in the May,29,z}O3,letter of
Kenneth Knox. Prior to Final Plat approval, the Applicant shall provide the County with
a copy of a final Water Court Decree for the plan for augmentation for the Subdivision as
stated in the letter dated May 29,2003 from the office of the State Engineer. Prior to
recording of the Final Plat, the Applicant shall provide the County with copies of
approved well permits for each well which is to be part of the water supply system. In
the event that the Applicant intends to drill additional wells, or different wells, than those
which have already been pump tested and found to provide an adequate water supply by
the Zancartella and Associates' report now in the record, then, as part of the Final Plat
approval process, the Applicant shall provide test results which demonstrate, to either the
office of the State Engineer or to a private consultant retained by the County at the
expense of the Applicant, that such additional or different wells will provide an adequate
physical supply of water to the Subdivision. The Applicant agrees to pay for the services
of a private consultant to the Board of County Commissioners to review the Zancanella
and Associates' report regarding already drilled wells should the State Engineer not
clariff its lack of comments on the physical adequacy of the water supply in the May 29,
E.
F.
2003,letter."
Primarily, this has been met. I have referred the water documents back to the Division of
Water Resources to ensure that the approved decree continues to match the finally
approved project.
J. Condition Nos. 19 and 20 will be addressed through the Fire District review with
comments that are forthcoming.
Other Comments
The County Attorney's Office is presently reviewing the Subdivision Improvements Agreement,
Declaration of Protective Covenants, and Deeds / Dedications, and Development Agreement. As
I mentioned, I have a meeting with the County Attorney's office on 1ll13/04 to go over these
issues.
As always, do not hesitate to contact this office if you have any questions regarding this letter.
Very truly yours,
970.945.8212
Attachment 2
BOCC Resolution No. 2004-14
Ranch at Coulter Creek PUD
Revisions to Final Plat and Supplernental Inforrnation Match 2004
l[illt 1ilil tltltt Illlll lll lllll ll5l ill lllll llll llll
646146 02/06/2@94 tt;22A 8155trP421 I'l RLSDORF
1 of 14 R 0.00 D O.O@ GRRFIELD C0UNTY C0
STATE OF COLORADO
County of Garfield
)
)ss
)
tlti
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County PTaza Building, in
Glenwood Springs on Monday, the 12th day of January,ZO}4,there were present:
John Martin . Commissioner Chairman
Larrv McCown , Commissioner
Trdsi Houot . Commissioner
Don DeFord ., CountY AttorneY
Mildred Alsdorf . Clerk of the Board
EdGreen . , ,CountyManager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2OO4-14
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PLA]'INED IINIT
DEVELOPMENT APPLICATION SUBMITTED BY SLC-LAWRENCE, LLC FOR THE
RANCH AT COULTER CREEK PLANNED TINIT DEVELOPMENT
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
(hereinafter "Board") received a Planned Unit Development (h.ereinafter "PUD") application
from SlC-Lawrence, LLC (hereinafter "Applicant") to rezone md, qlA acres of land described
below from Agricultural / Residential / Rural Density (A/R/RD) as described in the Zorung
Resolution of 1978, as amended to PUD;
WHEREAS, the property subject to this resolution is described as Lot 5 of Section l, in
Township 7 South, Range 88 W of the 66 P.M., Wll2SEllA, E1/2SW114 and Lots 6, 7 and 8 of
Section 6; N1/2NE1/4, SW1/4NE114 and NEl/4NWll4, of Section 7, all in Township 7 South,
Range 87 West of the 6e P.M., Garfield County, Colorado (hereinafter "Property"); and
WHEREAS, the Appticant proposes to rezone the Property from A/R/RD to PUD which
is more fully described in "Exhibit A" (PUD map) and "Exhibit B" (PUD zoning text) thereby
providing the appropriate zoning on the Property so that the 476 acres may be zoned as 1)
twenty-six (26) residential lots comprising 1,56.45 acres, 2) internal roads comprising 18.10
acres, 3) common open space comprising 291.51 acres, 4) ranch facilities building envelope
comprising 7.57 acres, and 5) a utility zone comprising 2.41 acres;
WHEREAS, on December 10m, 2003, the Garfield County Planning Commission
forwarded a recommendation of approval with conditions to the Board of County Commissioners
for the PIJD request; and
WHEREAS, the Bbdrd held a public hearing on the 12th day of January,2OO4, upon the
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question of whether the above described PUD shouid be granted or denied, at which hearing the
public and interested persons were given the opportunity to express their opinions regarding the
proposed PUD; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of facts:
1. That proper publication, public notice, and posting was provided as required by law for
the hearings before the Planning Commission and before the Board of County
Commissioners.
2, That the hearings before the Plaruring Commission and the Board of County
Commissioners were extensive and complete; all pertinent facts, matters and issues were
submitted; and that all interested parties were heard at those hearings.
3. That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan of 2000 for the unincorporated areas of the County.
4. The proposed subdivision of land conforms to the Garfield County ZoningResolution of
1978, as amended.
5. That all data, surveys, analysis, studies, plans, and designs as required by the State of
Colorado and Garfield County have been submitted, reviewed, and found to meet all
sound plaruring and engineering requirements of the Garfield County Subdivision
Regulations.
6, The proposed use is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that based on determination of facts set forth above, the rezoning of
the Ranch at Coulter Creek from A./R./RD to Planned Unit Development thereby providing the
appropriate zoning on the Property consisting of 476 acres may be zoned as 1) twenty-six (26)
risiaentiat lots comprising 156.45 acres, 2) internal roads comprising 18.10 acres, 3) common
open space comprising 291.51acres, 4) ranch facilities building envelope comprising 7.57 aues,
and 5)L utility zone comprising 2.41 acresbe approved subject to the following conditions:
1. That all representations made by the Applicant in the application and as testimony in the
public hearings before the Planning & Zoung Commission and Board of County
Commissioners shall be conditions of approval, unless specifically altered by the Board of
County Commissioners.
Z. The Applicant shall include in the Protective Covenants for the Subdivision the foliowing:
A. The view Shed Setback Line for Lots 1 !,72,13, 14,15 & 16 shall be addressed.
,__!$lxnlluilllulillt lil u["',.11 lll lltll iiii illi646146 02/06/2004 tt:22A 81 F4ib-N'?riii;biiii's br rc R s.@o .D o.oo cdnFiiuo couliri ;o---'.
B. The following wildlife habitat mitigation measures shall be incorporated:
11.
111.
v.
vi.
vii.
lv.
Fencing shali be kept to a minimum and follorv the cDow fencing
recornmendations.
If hay will be stored on site, a stack yard shall be constructed to keep wildlife
out.
The open space and adjacent to BLM land shall be closed to dog use during
the winter months. Dogs shall always be on a leash outside or trr. housi
footprint. The number of dogs per residences should be limited to one.
During construction'of the residences, contractors should not be aliowed to
have dogs on site.
Since cats are a major predator to small rodents and birds, cats should be kept
indoors at all times.
CDOW is not liable for damages to landscaping from wildlife.
The homeowner's should install bear-proof dumpsters or trash bins.
The CDOW shall be allowed on the property foi ttre purpose of bear and lion
control. Hunting in this circumstanrJorrty siall be atiowea.
Reference or incorporate the Wildfire Hazard Mitigation Plan and Wildfire
Hazard Analysis.
vI11.
3. The following geologi chazardmitigation measures shall be adhered:
The recommendations by Hepworttr-Pawlak Geotechnical, Inc. ("IIp GeoTech,,)
outlined in the Preliminary Geotechnical Study for the Subdivision dated February28, 2003, [Job No. 103 115] shall be adhered. These preliminary Design
Recommendations include provisions for foundations, floor slabs, under-drain
system, site grading, surface drainage and pavement subgrade.
In addition to the drain systems for foundations recommended by Hp GeoTech, dueto the presence of swelling clay soils, perimeter drains should be installed around
fowrdations. Perimeter drains prevent eicessive ground moisture from saturating the
soils and thus reduce the over potential for expansion or consolidation.
Due to the possible presence of radon gas in the area, testing for radon gas shall be
done when the residences and other occupied structures have 6."o
"ornptelea,
prior to
the issuance of a Certificate of Occupancy.
The Applicant shall comply with the recomrnendations of the Garfield County Road and
Bridge Deparbnent, dated Aprii 2, 2003, except for internal culverts which shall comply with
the recommendations outlined in the Drainagi Report prepared by Sopris Engineering, fI,C.
dated February 7,2003.
Prior to Final Plat submittal, the Applicant shall frnaTize,with the Carbondale and Rural Fire
Protection District, the locations for pull-outs for emergency vehicles. These pull-outs shall
be delineated on the Final plat.
A.
B.
C.
4.
5.
,_1ffi1t_illtlHttttllltllruiluill " ", lJlilljllt i l l l646146 02/06/2@04 tt:2ZA B15s9 zq 11 nLSDb[i'4 of 14 R o.os o o.os GnRFiaLo couNTy co
6.
7.
The roads / streets shall comply wtth the "Rural Access" standards outlined in section 9:30 of
the Subdivision Regulations.
Prior to Final Plat, the Applicant shall submit a copy of the final "wildfire hazard mitigationplan" that has been reviewed and signed off by both the Carbondale *a n*3i eir.
Protection District and the Garfieid county Sheriff s Department.
Prior to the recording of the Final Plat, the Applicant shall provide a written approval of the
signed and recorded Resolution by the Carbondale and Rural Fire Protection bistrict Board
regarding the annexation of the pioperty into the Fire District, as well as the court order to
include the property within the District boundary.
9. Prior to instaliation of an antenna(s) for the pulpose of improving
communication for fire fighters and other emlrg"n"y personnel, ti-e
designated entity shall obtain a special use permit *ith the bounty.
ernergency radio
Fire District or
10. An Easement Agreement shall be submitted at the time of Final Plat for the Fire District,s
antenna site and access drive.
11'The Applicant shall provide the following weed management infomration for review and
approval by the Garfield County Weed Management Director prior to the submittal of Final
Plat:
A. Noxious Weeds:
fnveltorf and mapping: The Applicant shall provide a map that represent specific
locations of County-listed noxious weeds on the properfy.
weed Management: The Applicant sharl provide a weed management plan
should be based on a detailed inventory and provide for follow-,rp *ui"g.or.nt.
Common area weed managCInent: The Coulter Ranch Homeowners Associationwill implemeut weed management on the common open space within theproperfy. In addition, arrangements have been made with a local rancher toperform agricultural operations on the property. If weed management does not
gccur on the property, there could be severe weed management isiues on the areas
that were previously used for hay production. The Aiplicant shall address this
issue.
iv. Covenants: Weed management is addressed in the covenants briefly underArticle IV, Section 2. The Applicant shall include stronger language, perhaps
under Article I!, Section 6. The language should remind eich lot6wier that itlstheir responsibility under the Coloiado Noxious Weed Act and the Garfield
Counfy Weed Management Plan to manage County-listed noxious weeds.
B. Revegetation:
1.
11.
111.
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f ,, iq R o .so o 0.oo GRRFIELD couNTY c0 !
i ffiUffif*Hr,"J?:':il.ffi#ffs rrom the Garneld countv weed
a) Plant material list.
b) Planting schedule.
"j A map of the areas impacted by soil disturbances (outside of the building
envelopes).
d) A revegetation bond or security shall be determined at Final Plat and paid
prior to Final Plat submittal.
ii. Prior to Final Plat, the Applicant shali provide a map or information that
quantifies the area, in terms of acres, to be disturbed and subsequently reseeded
on road cut and utility disturbances.
C. Soil Plan:
i. The Revegetation Guidelines also request that the Applicant provide a Soil
Management Plan that includes:
a) Provisions for salvaging on-site topsoil.
b) A timetable for elirninating topsoil and/or aggregate piles.
c) A plan that provides for soil cover if any disturbances or stockpiles will sit
exposed for a period of 90 days or more.
12. The property is located within the RE-l Schooi District. The Applicant shall pay the School
Land Dedication Impact Fee or pay cash-in-lieu of that land dedication which shall be due at
the time of Final Plat submittal. The total impact fee amount shall be determined prior to the
submittal of the Final Plat.
13. The proposed subdivision is located in the Garfield County Traffic Study Area 11. The total
impact fee payment shali be determined prior to Final Plat. The fee shall be calculated in
accordance to section 4:94 of the Subdivision Regulations. Fifty percent (50%) of the road
impact fees shall be collected at the submission of Final Plat for the Subdivision. A11 other
road impact fees will be collected at the issuance of a building permit. However, the Board
of County Commissioner will waive all the road impact fees, if the Applicant agrees to
upgrade and improve and provide a chip-seal surface on County Road 115 from the west
entry of the Subdivision to the intersection with County Road 121 and the short segment of
County Road 121 between the intersection with County Road 115 and the point where the
existing chip-seal surface ends (approximately 1.7 miles). A11 improvements shal1 be done in
accordance with County road standards and must be approved by the Cor:nty Engineer and
the Road and Bridge Department
14. The following additional information shall be delineated on the Finai Plat:
A. The View Shed Setback Line along the west side of Lots 11, 12, 13,74,15 and 16.
RLSDORF
c0
B.
C.
D.
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646145 02/06/20?4 11:22R 81559 P+.o t'l
6 of 14 R @.oO D O.OO GRRFIELD COUNTY
The Landslide Boundary and the evaporate deformation faults.
Tracts B and C shall eliminated or reconfigured to increase the lot size of these tracts
to a minimum of 2 acres.
The final locations for the pull-outs for emergency vehicles.
The easement for the Fire District antenna site and access to the site.
15. In addition to other required conditions of approval, the Applicant shall include the following
plat notes on the Final Plat:
A. Building permit applications for each lot shall include plans and specifications for an
onsite wastewater treatment system. Each system shall be designed by a State of
Colorado registered engineer and must be approved pursuant to the Garfield County
Individual Septic Disposal System (ISDS) regulations before a building permit will
be issued, The type, size and location of each individual on-site wastewater systern
(OWS) wi1lbe site-specific based on existing Garfield County and State ISDS design
criteria and required site-specific geo-technicai evaluations. The soil
absorption/dispersal systems should be located within the building envelope on each
lot as identified on the Final Plat.
Historical drainage pattems shall be maintained on the properfy. No structures or
uses shall be located within the natural drainage way on the property.
Development on4}o/o slopes or greater is prohibited on the lots.
Swelling soils, clay and claystone, are present on the site. Appropriate mitigation
may be necessary to build on a lot.
A11 exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward, towards the interior of the subdivision, except that provisions
may be made to allow for safety lighting that goes beyond the property boundaries.
One (1) dog will be allowed for each residential unit and the dog shall be required to
be confined within the owner's propdrty boundaries.
No open hearth solid-fuel fireplaces willbe allowed anywhere within the subdivision.
One (1) new solid-fuel buming stove as defied by C.R.S. 25-7-401, et. seq., and the
regulations promulgated there under, will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted nurnber of natural gas buming stoves
and appliances.
H. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
B.
C.
D.
E.
F.
G.
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64A146 g2/OA/2004 11r22A B15- ?+:27 n RLSDORF
7 of 14 R O.OO D O.OO GRRFIELD COUNTY cn
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rura1 character and a healthy
ranching sector. A11 must be prepared to encounter noises, odor, lights, mud, dust,
smoke chemicals, machinery on public roads, iivestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of which' may naturally occur as a part of a legal and non-negligent agricultural operations.
I. All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and inigation ditches,
conholiing weeds, keeping livestock and pets under control, usrng property in
accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield
County.
16. The Board of County Commissioners accepts the recommendation of the State Engineer's
Office detailed in the May, 29,2OO3,letteiof Kenneth Knox. Prior to Final Plat approval,
the Applicant shall provide the County with a copy of a final Water Court Decree for the plan
for augmentation for the Subdivision as stated in the letter dated May 29,2003 from the
office of the State Engineer. Prior to recording of the Final Plat, the Applicant shall provide
the County with copies of approved well permits for each well which is to be part of the
water supply system. ln the eveat that the Appiicant intends to driil additional wells, or
different wells, than those which have already been pump tested and found to provide an
adequate water supply by the Zancanella and Associates' report now in the record,. then, as
part of the Final Plat approval process, the Applicant shall provide test results which
demonstrate, to either the office of the State Engineer or to a private consultant retained by
the County at the expense c,f the Applicant, that such additional or different wells will
provide an adequate physical supply of water to the Subdivision. The Applicant agrees to
pay for the services of a private consultant to the Board of County Commissioners to review
the Zancanelia and Associates' report regarding already drilled wells should the State
Engineer not clarify its lack of comrnents on the physical adequacy of the water supply in the
May 29.,2003,Ietter.
i7. A11 conditions of approval contained in Resolution No. 2OO3-41as approved by the Board of
County Commissioners (except that condition #7 therein shall be eliminated and as such is
not listed among these conditions) shall also be conditions of approval for this application
and will be included in a new resolution that sha11 be superseded and replaced in fuIl by a
new resolution containing these conditions listed herein.
18. The Applicant shall provide a Deed of Easement dedicating a perpetual access easement over
and across al1 roads within the subdivision allowing unfettered access for all applicable
emergency services personnel. These easernents sha11 be described and shown on the final
plat with the following plat note:
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6 @?/06/2004 77:22H 81559 pr_, fr14 R O.Og O O.OO GRRFIELD COUNT'
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a. All streets, roads, and open space parcels as depicted on the accompanying plat are
hereby dedicated and set apart to the Ranch at Coulter Creek Homeowner's
Association, a Colorado not-for-profit corporation, for the use of the members and
guests thereof subject to:
i. The right of appropriate public utility companies to utilize said streets and
roads as utility easements; and
ii. The right of all emergency vehicles to make use of such streets and roads in
all reas onable cir cums tances.
19. Resolution No. 2OO3-3 of the Carbondale and Rural Fire District, which conditionally
approved annexation of a portion of the Ranch, requires that the developer grant the District
an access and utility easement for the radio antenna site. This easernent was intended to run
from the public roads to the antenna site. The applicant shall provide the Carbondale and
Rural Fire Protection District a perpetual non-exclusive easement from County Road 115 to
the antenna site. The applicant shall provide the language of such an easement to the District
in order to be negotiatJand approved by the District prior to approval of the final plat. This
easernent would ailow access by Fire district personnel, contractors, or subcontractors to the
antenna site for all uses of the antenna site, including installation and maintenance.
20. The water system described in the engineering report (Attachment 12) refers to the
previously proposed water system and does not match the curent master utility drawings.
The current drawings contain a note "see Mclaughiin Rincon drawings for details of pump
station and storage tank installation". Since the Mclaughlin Rincon drawings are not
included in the submittal, the applicant sha1l provide the Carbondale and Rrual Fire
Protection District with the referred to "Mclaughlin Rincon drawings" for review and
approval prior to final piat approval.
21. The Applicant shall incorporate the recofirmended changes to the Declaration of Protective
Covenants proposed by Lisa Tasker and Dawn Keating regarding the Halrington's
pensternon as included in their memo to Tim Malloy dated October 23,2003. Accordingly,
The Applicant shall provide the County Vegetation Manager with a map of the occurrences
of Ha:rington's pensternon in 2004. These changes the covenants are included below:
Pase 5. 6. General Requirements. b. Site Location:
...the Architectural Committee shall exercise its judgment to attempt to preserve
the natural characteristics of each Lot, including trees, vegetation, particularly the
Harringtonb penstemon, arrd the natural setting.
Page 9. 8. b. Defensible Space:
(ix) When implementing a plan to reduce flammable material around structures,
survey the area to be treatedfor the Haruingtonb penstemon and avoid removing
or trampling it.
Paee 12. 12. Domestic Animals:
a)
b)
c)
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...horses may be kept in a stable and a smal1 corral upon any Lot so long as the
corral is not in a location that the Harrington's penstemon has been mapped. If
the penstemon has beenfound, the location of the corral shall be altered in order
to seek to avoid the penstemon.
Page 13. 3. Underground Utility Lines:
All water, electrical and telephone lines, within the Subdivision, shall be buried
underground beneath Subdivision roads and driveways or in such other locations
that shall seek to avoid the Harringtonb penstemon, and shall not be ca:ried on
overhead poles...
Pages 14 - 15. 7. Individual Sewage Disposal Systems:
Each ISDS shail be designed and located to minimize tree rerroval, se'ek to avoid
the Harringtonb pensternon, and changes to the natural contours of the land.
Page 15. 8. Trees and other Sienificant Plants:
A11 construction ...shall seek to avoid the Harringtonb pensternon, minimize the
removal, and maximize the preservation, of trees...
Paee 15 - 17. Additional Restrictions on Lots:
Add 70.' Construction Management. In order to protect the Harrington's
penstemon and other native vegetation, all construction activity, storage of
materials, fill and debris, parking of vehicles and equipment shall occur within
the building envelope.
22.T\e Applicant shall provide the most current brochure regarding the Fisher Creek Special
Management Area to future lot purchasers as part of the closing documentation.
d)
e)
s)
Dated this A/h,l. auv ot VoL , ,A.D.2004.
Upon motion duly made and seconded the
vote:
GARFIELD COUNTY BOARD OF
ERS, GARFIELD COUNTY,COMMISSI
following
LIIIJIIL;II)HITTI [|I tH!l' T'll{lil ril I
iri-ir 14 R 0.oo D 0'00 GRRFIELD couNTY c0
John Martin , AYe
T,arrv McCown ., Aye
Tr6si Houpt , AYe
STATE OF COLORADO
County of Garfield
[,, County Clerk and ex-officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that_ the
aoo.*id and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now inmy office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this
-
day of A.D.2004
County Clerk and ex-officio Clerk of the Board of County Commissioners
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Open Space Tabte
Useable Open SPace: 293.28 acres
Limited Opel Space (slopes>257o): 5.80Acres
Totat Opcn Space: 299.0EAcres
Legend/Acreaqe Table
lI.El Co.rnon Open Space: 299.08 Acres
ffi Lot A.ea (outsirle building etrvelopes): 105'56 Acres
l--l nuilding Envelopes: 50.90Aoes
ffil InternalRoads: 18.10Acres
li:l Ranch f,'acilites Building Envelope: 7'57 Acres
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ASPEN ELUE
SKY HOLDINCS, LLC
Ranch at foutter Creek
r I PUD Zoninq/PretiminarY
Applicant/Ownet: Snowmass Land Company
Preparetl By: TG Malloy Coosulling, LLC
HARRIETT MCKNIGHT
CROSAY REVOCABLf TRUST
fl Utility zone: 2.41 Acres
lotal Acreage: 476.Os
Noto: opcn spaoo acrcage inloudca "Rooh Frcilili6 Buildilg Eovdopd e@8o'
BLM PROPERTY
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Exhibit B
Ranch At Coulter Creek PUD
PUD Zoning (Applicable Zone District Regulations)
Pursuant to the Planned Unit Development Rezoning approval granted by the Garfield County Board of
$fir1 Commissioners on January i2,2OO4,as aescriUia in Resolution ----, the Ranch at Coulter Creek
PtlD Subdivision is subject to the restrictions and regulations governing use; building height; Iot area; lot
coverage; setbacks, etc. for the ARRD zone distict as contained in Section 3.02 of the Garfield County
ZonrtgResolution of 1978 as amended and in force on January 12,2004 (the date PUD Rezoning approval
was granted). The following paragraphs are excerpted from the Zoning Resolution of 1978 and contain the
applicable regulations and restrictions for the Ranch at Coulter Creek PUD.
3. 02 AIB/R]D - AGRICULTURAL/RESIDENTIAL/RURAL DENSITY
3.02.01 Uses. by right: Agricultural including farms, garden, greenhouse, nursery, orchard, ranch,
small animal farm for production of poultry, fish, fur-bearing or other small animals and
customary accessory uses including buildings for shelter or enclosure of persons, animals
or prope(y employed in any of the above uses, retail establishment for sale of goods
processed from raw materials produced on the lot;
Guiding and outfitting, and park;
Single-family dwelling and customary accessory uses. (A. 86-09)
Accessory dwelling unit approved as a part of a public hearing or meeting on a subdivision
or subdivision exemption or guesthouse special use approved after 7195 and meeting the
standards in Section 5.03.02.
Uses. conditional: Aircraft landing strip, church, community buildings, day nursery and
school; group home for the elderly. (A. 97-60)
Boarding or rooming houses, studio for conduct of arts and crafts, home occupation, water
impoundments. (A. 86-09;87-108)
Uses. special: Airport utility, feedlot as principal use of the lot, crematorium, agriculture-
related business, resorts, kennel, riding stable, and veterinary clinic, shooting range
facility(A.98'i 08);
Two-family dwelling, camper park, ski lift and trails; broadcasting studio, cornrnunication
facility, corrections facility, storage, storage of heavy equipment, golf course driving
range, golf practice range and accessory facilities, commercial recreation facility/park;(A.
97-60;97-Il2) Mass Transit Facility (added 2002-12)
Public gatherings; storage of oil and gas drilling equipment; Site for exkaction, processing,
storage or material handling of natural resources; utility lines, utility substations;
recreational support facilities and guest house. (A.79-132;80.64; 80-180; 80-313, 81-145;
8l-263 ; 84-7 8; 86-9; 86-84 ; 86- 1 06; 87 -7 3 ; 99 -025)
Accessory dwelling unit meeting the standards in Section 5.03.02 for any lot not created
after a public hearing or meeting after 7 /95.
Kennel
3.02.02
3.02.03
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3.02.04 Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster Option
rzoo:-ra
3.02.05 Maximum Lot Coverage: Fifteen percent (I5%).
3.02.06 Minimum Setback:
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50)
feet from front lot line, whichever is greater; (b) local streets: frfty (50) feet from street
centerline or twenty-five (25) feet from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal
building, whichever is greater.
3.02.07 Maximum Height of Buildines: Twenty-five (25) feet.
3.02.08 Additional Requirements: All uses shall be subject to the provisions under Section 5
(Supplementary Regulations).
Attachment 3
BOCC Resolution No. 2004-15
Ranch at Coulter Creek PUD
Revisions to Final Plat and Supplernental Inforrnation Match 2004
LllllLlull uil lrilr il l]il llilllt ilt ilil lil |lll646747 02/06/2094 1tt28A 81559 p435 I,t nLtoonf1 ot L0 R 0.Og D O.OO GRRFIELD cOUNTy Co' STATE OF COLORADO )
counry of Garfield ]tt
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 12h day of January,Zo}4,there were present:
Joln Martin , Commissioner ChairmanLarryMcCown , Commissioner
Tr0si Houpt , Commissioner
Don DeFord , County Attorney
Mildied Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2OO4-15
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR
THE RANCH AT COULTER CREEK PLANNED I-INIT DEVELOPMENT SUBMITTED BY
SLC-LAWRENCE, LLC
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
(hereinafter "Board") received a Preliminary Plan application from SlC-Lawrence, LLC
(hereinafter "Applicant") to subdivide approximately 4ii acres of land into l) twenty-six (26)
residential lots comprising 156.45 acres, 2) internal roads comprising 18:10 acres, 3) common
open space comprising 29l.51acres, 4) ranch facilities building envelope comprising 7.57 acres,
and 5) a utility zone comprising 2.41 acres; and
WHEREAS; the property subject to this resolution is described as Lot 5 of Section 1, in
Township 7 South, Range 88 w of the 6m P.M., wl/zsBll4, El/2swl 14 andlots 6, 7 and ti of
Section 6; N1/2NE1/4, pWl/4NEll4 andNEi/4NWll4, of Section 7, all in Township 7 South,
Range 87 West of the 6e P.M., Garfield County, Colorado; and
\.
WHEREAS, the Appiicant received Preliminary Plan approval from the Board of County
Commissioners for the same Ranch at Coulter Creek Subdivision on June 2fr, 2OO3 which is
mernorialized in Resolution 2003 - 41 and such resolution is superseded and replaced in full by
this resolution; and
' WHEREAS, the Applicant received Planned Unit Development approval from the Board
of County Commissioners for the same Ranch at Coulter Creek Subdivision on January l}th,
2004; and
4v5
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COUNTY
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WHEREAS, on December 10th, 2003, the Garfield County Planning Commission
forwarded a recornmendation of approvai with conditions to the Board of County Commissioners
for the Subdivision Preliminary Plan request; and
WHEREAS, the Board held a public hearing on the 12th day of January ,zXL4,upon the
question of whether the above described Preliminary Plan should be granted or denied, at which
hearing the public and interested persons were given the opportunity to express their opinions
regarding the Preliminary Plan; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of facts:
1. That proper publication, public notice, and posting was provided as required by law for
the hearings before the Planning Commission and before the Board of County
Commissioners.
That the hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete; all pertinent facts, matters and issues were
submitted; and that all interested parties were heard at those hearings.
That the application is in compliance with the standards set forth in Section 4:00 of the
Garfield County Subdivision Regulations of 1984, as amended.
That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan of 2000 for the unincorporated areas of the County.
5. The proposed subdivision of land conforms to the Garfield County ZotngResolution of
1,978, as amended.
6. That all dat4 surveys,
Colorado and Garfield
aJ.
4.
analysis, studies, plans, and designs as required by the State of
County have been submitted, reviewed, and found to meet all
sound planning and engineering requirements of the Garfield County Subdivision
Regulations.
7. The proposed use is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that based on determination of facts set forlh above, the Preliminary
Plan for the Ranch at Coulter Creek Subdivision be approved to subdivide approximately 479
acres of"land into 1) twenty-six (26) residential lots comprising 156.45 acres, 2) internal roads
comprising 18.10 acres, 3) common open space comprising 291.5I acres, 4) ranch facilities
building envelope comprising 7.57 acres, and 5) a utility zone comprising 2.41 aqes subject to
the following conditions :
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646147 02/@6/2004 11,26R 81559 P437 l'l RLSD0RF3 of 10 R O.O0 O O.Og GRRFIELD COUNTY C0
' 1. That all representations made by the Applicant in the application and as testimony in the
public hearings before the Planning & Zontng Commission and Board of County
Commissioners shall be conditions of approval, unless specifically altered by the Board of
County Commissioners.
2. The Applicant shall include in the Protective Covenants for the Subdivision the following:
A. The view Shed Setback Line for Lots 1 1,1,2,13, 14,15 & 16 shall be addressed.
B. The following wildlife habitat mitigation measures shall be incorporated:
i. Fencing shall be kept to a minimum and follow the CDOW fencing
recommendations.
If hay will be stored on site, a stack yard shall be constructeril to keep wildlife
out.
The open space and adjacent to BLM land shall be closed to dog use dr.ring
the winter months. Dogs shail always be on a leash outside or tne housi
footprint. The number of dogs per residences should be limited to one.
During construction of the residences, contractors should not be allowed to
have dogs on site.
Since ca-ts are a major predator to small rodents and birds, cats should be kept
indoors at all times
CDOW is not liable for damages to landscaping from wildlife.
The homeowner's should install bear-proof dumpsters or trash bins.
The CDoW shall be allowed on the property for ttre purpose of bear and lion
conkol. Hunting in this circumstance only sirall be atio#ea.
Reference or incorporate the Wildfire Hazard Mitigation Plan and Wildfire
Hazard Analysis.
3. The following geologic hazard mitigation measures shall be adhered:
A. The recorlmendations by Hepworth-Pawlak Geotechnical, Inc. ("Hp GeoTech,,)
outlined -in the Preliminary Geotechnical Study for the Subdivision dated February28, 2oob, [Job No. 10j 115] shail be adhered. These preliminary Design
Recommendations include provisions for foundations, floor slabs, under-drain
system, site grading, surface drainage and pavement subgrade.
B. In addition to the drain systems for foundations reconlmended by Hp GeoTech, due
to the presence of swelling clay soils, perimeter drains should be installed around
foundations. Perimeter drains prevent excessive ground moisture from saturating the
soils and.thus reduce the over potential for expansion or consolidation.
C. Due to the possibie presence of radon gas in the area, testing for radon gas shall be
done when the residences and other occupied structures have been completed, prioi to
the issuance of a Certificate of Occupancy.
111.
1V.
vi.
vii.
viii.
Ltl]l| Ult ililI Iilil il ilil ilill] ilt ililt lil lilt646147 02/06/2004 11:284 B15Sg p438 I,l nlSOOnf'4 ol tO R O.OO D O.OO GRRFIELD COUNTY cO
4.
5.
The Applicant shall comply wrth the recommendations of the Garfield County Road and
Bridge Departrnent, dated April 2, 2003, except for internal culverts which sha1l comply with
the recommendations outlined in the Drainage Report prepared by Sopris Engineering, LLC.
dated February 7 ,2003.
Prior to Final Plat submittal, the Applicant shall finalize, with the Carbondale and Rural Fire
Protection District, the locations for puli-outs for emergency vehicles. These pull-outs shall
be delineated on the Final Plat.
6. The roads / streets shall comply with the "Rural Access" standards outlined in section 9:30 of
the Subdivision Regulations.
7. Prior to Final Plat, the Applicant shall submit a copy of the final 'kildfire hazard mitigation
plan" that has been reviewed and signed off by both the Carbondale and Rural Fire
Protection District and the Garfield county sheriffs Deparknent.
8. Prior to the recording of the Final Plat, the Applicant shall provide a written approval of the
signed and recorded Resolution by the Carbondale and Rural Fire Protection District Board
regarding the annexation of the property into the Fire District, as well as the court order to
include the property within the District boundary.
9. Prior to instaliation of an antenna(s) for the purpose of improving emergency radio
communication for fire fighters and'other emirg.n.y personnel, tU. ft" District or
designated entity shall obtain a speciai use Permit with the county.
i0. An Easement Agreement shall be submitted at the time of Final Plat for the Fire District,s
antenna site and access drive.
11.The Applicant shall provide the following weed managernent infonnation for review and
approval by the Garfieid County Weed Management Director prior to the submittal of Final
Plat:
A. Noxious Weeds:
|nventory and mapping: The Applicant shall provide a map that represent specific
iocations of County-listed noxious weeds on the property.
weed Management: The Applicant shall provide a weed management plan
should be based on a detailed inventory and provide for follow-up management.
Common area weed management: The Coulter Ranch Homeowners Associationwill impiement weed management on the Common open space within the
property. In addition, arangements have been made with a local rancher to
perform agricultural operations on the property. If weed management does not
occur on the property, there could be severe weed management issues on the areas
that were previousiy used for hay production. The Applicant shail address this
11.
111.
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646147 g2/06/2904 11:28R 81559 P439 11 RLSD0RF
5 of 10 R CI.00 D O.gO GRRFIELD COUNTY C0
lSSUe.
iv. Covenants: Weed management is addressed in the covenants briefly under
Article IV, Section 2. The Appiicant shall include stronger language, perhaps
under Article fV, Section 6. The language should remind each lot owner that it is
their responsibility under the Colorado Noxious Weed Act and the Garfield
County Weed Management Plan to manage County-listed noxious weeds.
B. Revegetation:
i. The revised Revegetation Guidelines from the Garfield County Weed
Management Plan calls for the following:
a) Plant material list.
b) Planting schedule.
c) A map of the areas impacted by soil disturbances (outside of the building
envelopes).
d) A revegetation bond or security shall be determined at Final Plat and paid
prior to Final Plat submittal.
ii. Prior to Final Plat, ttre Applicant shali provide a map or information that
quantifies the area, in terms of acres, to be disturbed and subsequently reseeded
on road cut and utility disturbances.
C. Soil Plan:
i. The Revegetation Guidelines also request that the Applicant provide a Soil
Management Plan that includes:
a) Provisions for salvaging on-site topsoil.
b) A timetable for eliminating topsoil and/or aggregate.piles.
c) A pl._an that provides for soil cover if any disturbances or stockpiles will sit
exposed for a period of 90 days or more.
12. The properfy is located within the RE-l School District. The Applicant shall pay the Schooi
Land Dedication Impact Fee or pay cash-in-lieu of that land dedication which shall be due at
the time of Final Plat submittal. The total impact fee amount shall be determined prior to the
submittal of the Final Plat.
13. The proposed subdivision is located in the Garfield County Traffic Study Area 11. The total
irnpact fee paSrrnent shall be determined prior to Final Plat. The fee shall be calculated in
accordance to section 4:94 of the Subdivision Regulations. Fifty percent (50%) of the road
impact fees shall be collected at the submission of Final Plat for the Subdivision. A11 other
road impact fees will be collected at the issuance of a building permit. However, the Board
of County Commissioner will waive all the road impact fees, if the Applicant agrees to
upgrade and improve and provide a chip-seal surface on County Road 115 from the west
illllll
64614
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Hil ilil[]il]lil ilruililililt llllt ]il llll7 02/06/2004 1.1:2ER 81559 ?449 n RLSDORF
10 R O.gO D O.OO GRRFIELD COUNTY CO
entry of the Subdrvrslon to'ttre mtersection with County Road 121 and the short segment of
County Road i21 between the intersection with County Road 115 and the point where the
existing chip-seal surface ends (approximately 1.7 miles). AII improvements shall be done in
accordance with County road standards and must be approved by the County Engineer and
the Road and Bridge Deparhnent.
14. The following additional information shall be delineated on the Final Plat:
A. The View Shed Setback Line along the west side of Lots 1\,12,1,3,14,15 and 16.
B. The Landslide Boundary and the evaporate defonnation faults.
C. Tracts B and C shall eliminated or reconfigured to increase the lot size of these tracts
to a minimum of 2 acres.
The finai locations for the pull-outs for emergency vehicles.
The easement for the Fire Diskict antenna site and access to the site.
15. In addition to other required conditions of approval, the Applicant shall include the following
plat notes on the Final Plat:
A. Building permit applications for each lot shall include plans and specifications for an
onsite wastewater treatment system. Each system shall be designed by a State of
Colorado registered engineer and must be approved pursuant to the Garfield County
Individual Septic Disposal System (ISDS) regulations before a building permit will
be issued. The type, size and location of each individual on-site wastewater system
(OWS) will be site-specific based on existing Garfield County and State ISDS design
criteria and required site-specific geo-technical evaluations. The soil
absorption/dispersal systems should be located within the building envelope on each
lot as identified on the Final Plat.
Historical drainage patterns shall be maintained on the property. No structures or
uses shall be located within the natural drainage way on the property.
Development on 40Yo slopes or greater is prohibited on the lots.
Swelling soils, clay and claystone, are present on the site. Appropriate mitigation
may be necessary to build on a lot.
A11 exterior lighting will be the minimum amount necessary and all exterior lighting
willbe directed inward, towards the interior of the subdivision, except that provisions
may be made to a1low for safety lighting that goes beyond the property boundaries.
One (1) dog will be allowed for each residentiai unit and the dog shall be required to
be confined within the owner's property boundaries
D.
E.
B.
C.
D.
E.
F.
t
I
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| 646147 02/06/2904 11:zER 81559 P441 1'l RLSD0RF
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I
I G. No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision.
I One (1) new solid-fuel burning stove as defied by C.R.S. 25-7-407, et. seq., and the
I regulations promulgated there under, will be allowed in any dwelling unit. All
I dweiling units will be allowed an unrestricted numbdr of natural gas buming stoves
I and appiiances.
I
I H. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a nonnal and
necessary aspect of living in a County with a skong rural character and a healthy
ranching sector. A11 must be prepared to encounter noises, odor, lights, mud, dusi,
smoke chemicals, machinery on public roads, livestock on public roidr, storage and
disposal of manure, ffid the application by spraying or othenvise of chernical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of which
may naturally occur as apart of a legal and non-negligent agricultural operations.
I. All owners of land, whether ranch or residence, have obligations under State law and
Courity regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in
accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to leam about these rightJ and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield
County.
16' The Board of County Commissioners accepts the recommendation of the State Engineer's
Office detailed in the May, 29, 2003,letter of Kenneth Kaox. Prior to Final Piat approval,
the Applicant shall provide the County with a copy of a final Water Court Decree for the plan
for augmentation for the Subdivision as stated in the letter dated May 29,2003 frorn the
offtce of the State Engineer. Prior to recording of the Final Plat, the Applicant shall provide
the County with copies of approved well permits for each well which is to be pari of the
water suppiy system. In the event that the Applicant intends to drill additional wells, or
different wells, than those which have already been pump tested and found to provide an
adequate water supply by the Zancanella and Associates' report now in the record, then, as
part of the Final Plat approval process, the Applicant shall provide test results which
demonstrate, to either the office of the State Engineer or to a private consultant retained by
the County at the expense of the Applicant, that such additional or different wells wiit
provide an adequate physical suppiy of water to the Subdivision. The Applicant agrees to
pay for the services of a private consultant to the Board of County Commissioners to review
the Zancanella and Associates' report regarding already drilled we1ls should the State
Engineer not clari$z its lack of comments on the physical adequacy of the water suppiy in the
May 29,2003,letter.
illilt ililt lllill ilillt ]1 illl tillllt lil ilil ilt llll
646142 g2/96/2004 11r28f, 81s59 p44z n nuioonF8 of 1@ R O.gO 0 @.OO GRRFIELD C0UNTY C0
' County Commissioners (except that condition #7 therein shall be eliminated and as such is
not listed among these conditions) shall also be conditions of approval for this application
and will be included in a new resolution that shall be superseded and replaced in rut Uy u
new resolution containing these conditions 1isted herein.
18. The Applicant shall provide a Deed of Easement dedicating a. perpetual access easernent over
and across all roads within the subdivision allowing unfettered accpss for all applicable
emergency services personnel. These easements shall be described and shown on the final
plat with the following plat note:
a. All streets, roads, and open space parcels as depicted on the accornpanying plat are
hereby dedicated and set apart to the Ranch at Coulter Creek Homeoymer's
Association, a Colorado not-for-profit corporation, for the use of the members and
guests thereof subject to:i' I;#r*'":i,ff:x:;::i,::::;" utititv companies to utitize said s*eets and
ii. The right of all emergency vehicles to make use of such streets and roads in
all reas onable circumstances.
19. Resolution No. 2A$4 of the Carbondale and Rural Fire Dishict, which conditionally
approved annexation of a portion of the Ranch, requires that the developer grant the Dishict
an access and utility easement for the radio antenna site. This easement was intended to run
from the public roads to the antenna site. The applicant shall provide the Carbondale and
Rural Fire Protection District a perpetual non-exclusive easement from County Road 115 to
the antenna site. The applicant shall provide the language of such an easemenlto the District
in order to be negotiated and upprorr.-d by the District pior to approval of the finalplat. This
easement would allow access by Fire district personnel, contractors, or subcontractors to the
antenna site for all uses of the antenna site, including installation and maintenance.
20. The water system described in the engineering report (Attachment 12) refers to the
previously proposed water system and does not match the current master utility drawings.
The current drawings contain a note "see Mclaughlin Rincon drawings for details of pump
station and storage tank installation". Since the Mclaughlin Rincon drawings are not
included in the submittal, the applicant shail provide the Carbondale and Rural Fire
Protection Diskict with the referred to "Mclaughlin Rincon drawings" for review and
approval prior to finai plat approval.
21. The Applicant shall incorporate the recoulmended changes to the Declaration of Protective
Covenants proposed by Lisa Tasker and Dawn Keating regarding the Ha:rington's
penstemon as included in their memo to Tim Malloy dated October 23,2003. Accordingly,
The Applicant shall provide the County Vegetation Manager with a map of the occurrences
of Harrington's penstemon in 2004. These changes the covenants are included below:
a) Paee 5. 6. General Requirements. b. Site Location:
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64614? 92/06/2904 11:2EA 81559 P443 l'l
9 of 10 R 0.00 D 9.00 GRRFIELD COUNTY
RLSDORF
c0
.-.the Architectural Committee shall exercise its judgment to attempt to preserve
the nafural characteristics of each Lot, includingtre-s, r,egetation, parttZttarly the
Harr ington b p ens t emon, and the natural setting.
c)
d)
s)
22.T\e Applicant shall provide the most current brochure regarding the Fisher Creek Special
Managanent Area to future lot purchasers as part of the cloJing dJcumentation.
b) Pase 9. 8. b. Defensible Soace:
(ix) Wen implementing a plan to reduce flammable material around structures,
survey the area to be treatedfor the Harringtonb penstemon and avoid removing
or trampling it.
Paee 12. 12. Domestic Animals:
...horses may be kept in a stable and a sma1l corral upon any Lot so long as the
corral is not in a location that the Harrington,s penstemon has been mipped. If
the penstemon has been found, the location of the corral shall be altered in order
to seek to avoid the penstemon.
Page i3. 3. Underground Utilit.v Lines:
All water, eleckical and telephone lines, within the Subdivision,.shall be buried
underground beneath Subdivision roads and driveways or in such other locations
that shall seek to avoid the Harrington's penstenton, and shall not be carried on
overhead poles...
Each ISDS shall be designed and located to minimize tree removal, seek to avoid
the Harringtonb penstemon, afld changes to the natural contours of the land.
All construction...shall seek to avoid the Harringtonb penstemon,mirimizethe
removal, and maximize the preservation, of trees...
Add 10. construction Management. ln order to protect the Harringtonb
penstemon and other native vegetation, all construition activity, storage of
materials, fill and debris, parking of vehicles and equipment shall occur within
the building envelope.
Dated ut 1,r-0- day ot ltL .A.D. 2004.
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646747 02/06/20e4
tO ol 10 R 0.0O O
ATTEST:
1,tz28A 81559g.OO GRRFIELD
P444 ]'I RLSDORF
COUNTY CO
COMMISSIONERS, GARFIELD COLTNTY,
COLORADO N
GARFIELD COTINTY BOARD
Chairman
Upon motion
vote:
duly made and seconded the foregoin the following
, AYe
Aye
Aye
STATE OF COLORADO
County of Garfieid
\ , County Clerk and ex-officio Clerk of the Board ofCounty Commissioners in and for G Cor"ty and State aforesaid do hereby eertify that theannexed and foregoing Resolution is truly copied from the Records of the proceeding of theBoard of county commissioners for said Garfield county, now in my office.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of saidCounty, at Glenwood Springs, this day of A.D.2004
county clerk and ex-officio clerk of the Board of county commissioners
)
)ss
)
Attachment 4
Certificates of Taxes Due (To Year 2003)
Ranch at Coulter Creek PUD
Revisions to Final Plat and Supplernental rnforrnation March 2004
Report Date: 03/05/2004 08:36AM GARF!ELD COUNTY TREASURER
CERTIFICATE OF TAXES DUE
Page: 1
CERT #: 200400892
SCHEDULE NO: R050203
ASSESSED TO:
VERIZONPIC LLC
C/O SNOWMASS LAND COMPANY
PO BOX 6119,21BURNT MOUNTAIN CIRCLE
SNOWMASS co 81615 SNOWMASS VILLAGE. CO 81615
SECT,TWN,RNG:6-7-87_Q!QQ: lQrs 6140.19A) 7(40.06A) E2SW SEC 1-7-88 LOT s DESC: (41.64A) BK:0346 pG
:00428K:1521PG:297 RECPT:637033 BK:1321 PG:704 RECPT:5958268K:1321 pG:TO2 RECPT:S9582SBK:1l21pG:696 RECPT:595824 BK:1321 PG:695 RECPT:5958238K.1070 PG:0089 BK:1070 pG:0089 BK:1070 pG:0081 BK:1070 PG:0081 BK:0946 PG:0803 PRE:R050161
PARGEL:2391-063-00-143 SITUS ADD:011104 1 15 COUNTY RD CARBONDALE
VENDOR NO;
JOSEPH ENZER
OO21 BURNT MOUNTAIN CIRCLE
TAX YEAR
2003
CHARGE
TAx
TOTAL TAXES
TAXAMOUNT
1,312.99
INTEREST
0.00
PAID
1,312.88
TOTAL DUE
0.00
0.00
FEES
0.00
GRAND TOTAL DUE AS OF 03/05/2004 0.00
ORIGINAL TAX BILLING FOR 2OO3
Authority
GARFIELD COUNW
BASALT WATER CONSER
COLO RIVER WATER CONS
SCHOOL DISTRICT RE-1
COLORADO MTN COLLEGE
ROAD & BRIDGE FUND
DEPT SOCIAL SERVICES
GARF]ELD CAP EXPEND
TAXES FOR 2OO3
TAX DISTRICT OO5.1G.M
Mill Levy
10.649
0.072
3.997
0.497
1.392
1.117
Amount
270.50
1.83
101.52
12.62
3s.36
28.37
Values
AGRICULTUR
AGRICULTUR
AGRICULTUR
TOTAL
0.25s 6.4833.709 8s6.20
Actual Assessed
27,270 7,9109,970 2,600187,120 14.890
223,360 25,400
51.688 1 ,312.88
FEE FOR THIS CERTIFICATE
TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970) e45.6382
10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDEROR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY oCcUR AND THETREASURER.S oFFICE W_ILL lleeo To aeCONTACTED PRIOR To REMITTANCE AFTER THE FoLLowlNG DArES: PLRSoNA[FnijFenii i.rD MoBtLE noruES - sepT 1, 2ory,,REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTIoN AMoUNTS MUST BE PAID eV cAS[ on-cASiiiEns ciEc(. '
SPECIAL TMING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNryCOMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements a.ssessed under a separate account number, personal property taxes,transfer tax or misc. tax collected on behalf of other entities, speciat or locat improvement district aiiejsments ormobile homes, unless specifically mentioned.
l, the undersigned, do hereby certifu that the entire amount oJ taxes due upon the above described parcels of real property and alloutstanding sales for unpaid taxes as.shown.by the records in my office from which the same ,jV itiii be reOeemeO with the amountrequired for redemption are as noted herein. lnwitness whereof, I have hereunto set my hanO inti iejf tnis 05th day ot f',l1iiin, ZOOa.
ft.t.:lX1*^=/l'> "' 't 11
-l;,'t - ar ".?
Garfiel-d County Treasurer _
ACCOUNT: R050203
PARCEL NO: 239L-O63-OO-143
DATE RECEIVED: 03/05 /2OO4RECETVED BY: PC
VERIZONPIC LLC
C,/O SNOWMASS LAND COMPANYPO BOX 6AL9, 2L BURNT MOUNTAIN CTRCLESNOWMASS VILLAGE, CO 816]-5
Receipt of Tax payment
Recei-pt 4 0O6080
1, 31-2 . Bg
RECE]PT TOTAL 91,3L2.88
DESCR] PTION:
SECT, TvflN, RNG z 6-7-B't DESC: LOTS 6 (4O. 19A) 7 (40. O6A) E2SW SEC 1_7_88LOT 5 DESC: (4T.64A) BK:0346 PG:OO42 BK;1521 PG:297 RECPT:637O33BK:L321 PG:7o4 RECPT 2595826 BK::-32! pG:702 RECpr :595825 BK:1,32L pc2696 RECPTz59sB24 BK:]-32L pG:695 REcpr:595823 BK:1070 pG:oo89 BK:1070 PG:0o89 BK:1o7o pG:ooB1 BK:1o7o pG:ooB1 BK:o946 pG:oBo3 pRE:RO5O161
PAYOR:
SLC - LAURENCE, LLC
REFERENCE:
CHECK 1418
TAX PAYMENT WHOLE2003 TAX
ALL CHECKS SUB.JECT TO EINAL COLLECTION !THANK YOU - Garfield County Treasurerp. O. Box 1069
GJ.enwood Springs, CO A1602_1069
Report Date: 03/05/2004 08:35AM GARFIELD COUNTY TREASURER
CERTIFIGATE OF TAXES DUE
Page: 1
CERT #: 200400891
SCHEDULE NO: R111514
ASSESSED TO:
VERIZONPIC LLC
C/O SNOWMASS LAND COMPANY
PO BOX 61'19,21BURNT MOUNTAIN CIRCLE
SNOWMASSVI co 81615
LEGAL DESCRIPTION:
SECT,TWN,RNG:6-7-87 DESC: LOT 8(28.14,A) W2SE SEC 7 N2NE, SWNE, NENW BK:0346 pG:0042 BK:1321 pG
:704 RECPT:595826 BK:1321PG:702 RECPT:5958258K:1321 PG:696 RECPT:5958248K:1321pG:695 RECpT:
595823 BK:1070 PG:0089 BK:1070 PG:0081 BK:0946 PG:0803 BK:0655 PG:0987 pRE:R050161
PARCEL:2391-064-00-144 SITUS ADD:TWN 7 RGE 87
VENDOR NO:
JOSEPH ENZER
OO21 BURNT MOUNTAIN CIRCLE
SNOWMASS VILLAGE, CO 81615
TAX YEAR
2003
GHARGE
TAX
TOTAL TAXES
TAXAMOUNT
296.62
INTEREST
0.00
FEES
0.00
PAID
296.62
::::-- ::.-
TOTAL DUE
0.00
0.00rusoF 03/05/2004 0.00
ORIGINAL TAX BILLING FOR 2OO3
Authority
GARFIELD COUNry
CARBONDALE FIRE
BASALTWATER CONSER
COLO RIVERWATER CONS
SCHOOL DISTRICT RE.1
COLOMDO MTN COLLEGE
ROAD & BRIDGE FUND
DEPT SOCIAL SERVICES
GARFIELD CAP EXPEND
TAXES FOR 2OO3
TAX DISTRICT 011 .1R.MF
MillLevy
10.649
o.072
0.255
33.709
3.997
o.497
1.392
1.',t17
Amount
55.60
0.38
1.33
175.96
20.86
2.59
7.27
5.83
Values
AGRICULTUR
TOTAL
Actual Assessed17,980 5,220s.135 26.80
17,980 5,220
56.823 296.62
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDERoR To ADVERTISING AND DlsrRAlNT wARRANT FEEs. cHANGES MAy occuR AND THETiEAsuRER,s oFFtcE wtLL NEED To BECONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBTLE HOMES - SEpT 1, 2004,REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID eV cIS'i oR_cA5iiEis oiec(.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTYCOMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under.a separate account number, personal property taxes,transfer tax or misc. tiax collected on behalf of other entities, special or local improvement district assessments ormobile homes, unless specifically mentioned.
l, the undersigned, do hereby certify that the entire amount oJ taxes gue upon the above described parcels of real property and alloutstanding sales for unpaid tiaxes as shown by the records in my office from which the same rr|av ititt G ,eOeemed with the amountrequired for redemption are as noted herein. ln witness whereol I have hereunto set my hand and seit tnis OSttr Oay of fUircn, iOOn.
TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(s70) 94s-6382
GarfieJ-d County Treasurer _
ACCOUNT : R1t_ 1,514
PARCEL No: 239-t_-O64-OO- 14 4DATE RECEIVED: 03/05/2OO4RECEIVED BY: PC
VERIZONPIC LLC
C/O SNOWMASS LAND COMPANYPO BOX 611,9, 27 BURNT MOUNTAIN CIRCLESNOWMASS VILLAGE, CO 81615
DESCRI PTION :SECT,TWN,RNG:6-j-87 DESC: LOT B(28.14A) W2SEBK:0346 PG:OO42 BK:1321 pG: TO4 RECPT ,LSSAZA595825 BK:1321, pG:696 RECPT:595824 BK:.1,321_ pG
: 107O PG: OO89 BK: 107O pG: OOgl BK: 0946 pG: OB03: R05O1 61
Receipt of Tax payment
Receipt 4006079
SEC 7 N2NE, SWNE, NENW
BK: 132'l- PG:7 02 RECpT ::695 RECPT:595823 BKBK:0655 PG:0987 pRE
PAYOR:
SLC - VERIZONPIC LLC
2003 TAX
REFERENCE:
CHECK 1-417
PAYMENT WHOLE
COLLECTION !
Trea surer
, CO 81602-lO6g
TAX 296.62
RECETPT TOTAL $296.62
ALL CHECKS SUB.JECT TO FTNAL
THANK YOU - Garfield County
P. (^). [.f,-,x ',i\{tt
G.lenwood Spr j_ ngs
U - R,ANCH AT COULTER cREEK--HE{j il:"v
PLAAN{E D U I{IT D EV E LO PME ]\TT t*;l *7 U1y+
l'., at .v, ir !.reulroj*e?r*rvi,Jc
CIV IL S HEET INDEX
I COVER SITEET2 SITE PLAN CRADINC & DMINACE (SflEET 1)
3 STTE PI,AN CRADTNC & DMINACE (SHEET 2)4 COTILTER CREEK RII'CE ROAD PTAN & PROFILB 8TA I+OO TO I9+OO
5 COULTER CREEK RIDCE ROAI, PA'N & PROFILE STA I9+OO ?O 48+OO
6 COULTER CREET( RIDCE ROAD PLAN & PROFILE STA 48+OO TO 72+OO
7 COT]LTE& CREEK NDCE ROAD PUN & PROFILE STA 72+OO TO END
8 nISIIEN CREAX UNE & MEADOV CIRCLE PT,AN & PROFfiS9 SADDLE DRIUE PLAN E PROFILE
,O SADDLE CTRCLE * COULTER ANE PUN & PROFILE,, DRIW'IAY 3 & 8 & 19 PLAN & PROilLE
T2 MASTER UTILTTY (SEEET T)
13 NASTER TTTILITY (SEEET 2)
14 }ATER DETAILS DRAINACE IETAILS
DEVELOPMENT SUMMARY TABLE
LOT SUMMARY
Idh
aeV
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
LOT 7
LOT 8
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
LOT 18
LOT 19
LOT 20
LOT 21
LOT 22
LOT 23
LAr 24
LOT 25toT ?6
9.64 Ac9.78 Ac5.39 Ac
4.+1 Ac4.37 Ac4.91 Ac4.67 Ac
4.4O Ac
4.+6 Ac4.46 Ac
6.40 Ac7.79 Ac6.76 Ac5.36 Ac6.89 Ac
11.44 Ac
8.OO Ac5.59 Ac6.43 Ac5.92 Ac5.27 Ac
4.14 Ac4.89 Ac5.29 Ac4.95 Ac
5 61 Ar:
a
Et
NET FIR
C[NSTRUCTIIN
TOTAL
ROADS
OPEN
SPACE
157.21 Ac
l.Id
tq
I
21 11 Ac
300.73 Ac rav,,E
TOTAL 479.O5 Ac
-il8
GRAPIIIC SCALE
(DrmE )gi6XrSXtlL
PLANNER CIVIL ENGINEER
Malloy Consulting,
c/o lim lhlloy
102 tu* Dti*ClcftM Sprh$. CO 8160,
SNOWMASS LAND COMPANY
c/o J@ DrEt
Ol)2, B@t Aortua? Ctftlp
P,O, &, 6119gpw, CO Afir6
SOPRIS ENGINEERING
502 Uatn Stn.t
Auile l3Ccrffilr, CV 81623
SHEET I AF 11
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CARBONOAIE, COLORADO
RAI.ICH AT COUTTER CREEK
PUD
MASTEB UTIUTY
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UIERE REtruCER IS
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OR'ENT PUMPER CONNECNON TOWAROS
SIREET UNLESS OTHERMSE SPECIflEO.
NOIES:
l.--rPROVIOE BOI{O BREMER
AT AI.l- FITIINGS,
BENDS & ELBOWS
DEAD END UNE
IEE
PLUGGED lEE FOR
FUTURE CONNECTION
GATE VALVE
THRUST BLOCK
CLASS 6 AGIFEGAIE BASE COURSE COMPACTEO
TO 952 STANDARD PROCTOR
IRAfFIC FLANGT
I|{RUST ALOCK
r/2 qJ. lo. GRA\€L
DRAIN MATERIAL
SET HYDRANT ON 8.r 18.X 24,
COI.ICREIE OR STONE SLAB
ALL JONTS FRO.I MAIN TO H\ORANT SHALL gE
HARNESSED TECHANICAL JOtrIIS OR FLANGEO
JONTS.
HMRANT, VA\E & RTNNGS TO BE 25O PS RATEO.
POLYIHT€NE VIRAP (rFtEN REOUIREo) SHALL CO!€R
ASSEMELY FROT HIDRA}IT 8AS€ TO WA1ER MAIN.
AtI- HYDRANT I.EAO PIPING TO 8E O.I.P.
RECESS TOP OF VAL\E BOX
1/8" 10 t/4" BELOW F|N|S{ED
GRADE
AD,IJSIABLE VALVE 8OX
AUXUARY GAIE VALIE
(NORIIALLY OPEN)
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ON CO\ER
THRUST BLOCKS FOR WATER MAIN
N.T,S.
RECESS IOP OF VAL!€ BOX1/d' ro t/4' BELOW nNrSH
GRAOE
NOIES:
I. CHIP & S€AL PAVEMENT SHATI OE INSTAI.IED
AT COMPTEIION OF ROAD CO,ISIRUCNON.
2. IF WAIER UAIN IS NOT UNDER ROAO SURFACE.
REPLACE I@ ONE FOOI OF TRENCH VIITH
IOPSOIL ANO REVEOETAIE
FIRE HYDRANT ASSEMBLY
INSTALLATION DETAIL
N.T.S.
SLOPE TRENCH WALLS FOR
SAFETY PER CIJRRENT OSI{A
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MAIN UNE GAIE VALVES IO
HAIE JONTS SAME AS WAIER
MAIN OR AS SPECINEO FOR
MAIN IJNE FTIIINGS-
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TRENCH CROSS-SECION FOR
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2. COUPRESSION MA]ERIAL TO
PREVENT ROAOWAY SHOCK FROM
BEING IRAN$TITIED TO V.ALVE.
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SELEC' MATERIAL COTiPACIED TO 95 IF LOCAIED
IN ROADWAY EASEMENT, CO,iPACIEO TO 9OZ IF
LOCAIEO IN OIHER EASEMENTS. LOTS OR SPACES,
CLASS 6 AGGREGAIE BASE CO{JRSE TII.I BE REO.D
IF IHE ENONEER DEIERMINES 11{AT IHERE IS NO
SUITABLE SELECT MATERIAL O{-STE.
CLASS 6 ACGREGAIE BASE COTJRSE COUPAC1ED
TO 952 STANDARD PR@TOR.NIT FER
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TRENCH CROSS SECTION FOR
WATER. ELECTRTC. TELEPHqNE
N.T.S.
IF
GATE VALVE DETAIL
N.T.S.
MINIMUM THRUSI BLOCK EEARING AREAS IN SOUARE FEET
PIPE
SlZE
90'
AEND
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22 1/2'
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OAIE
VAL\ES NOIES
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STERE SOL 8EANf,G VARIES FROil
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^CCORONGLY.I}I t{O CASE SHALL SE^RNGS AREA E€ LE55 IHfl
2.O tr. SO. STAIOARO 'IESI PRESSURE IS
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L000 t8s.
CAREONOAI.E. COLORAOO
RANCH AT COLTER CREEK
PUD
rATEB DETAII.SI
DRAIIIAGE DEIAIIS
ItAr-,coMB & Gnrcrcx, P.C.
ATTORNEYS AT I,AW
P. O. DRA\VER 79O
818 CoI,oRA.Do A\rEIYUE
Gr,EtvwooD SPRrNcs, Cor,oRADo 8 16OP
EDWARD MULHALL, JR
Scorr BALCoMB
LAWRENCE R. GREEN
TIMoTHY A. THULSoN
DAVTD C. HaLLFoRo
CHRISToPHER L. CoYLE
THoMAS J. HARTERT
CHRISToPHER L. GEIGER
ANNE MARIE MCPHEE
AMANoA N. MAURER
DEBoRAH Davrs*
DAvIo P. JoNEs
* AEo ADMreD rc PuffcE tN
Nil YORK ND MI5SOURI
RECE
Telephone: 970.945.6546
MAR I 1 2g['4csimile: e70.e45.e76e
GARFIELDcouNwT
BUILDING & PLANNlffiiarc h to, 2oo4
VIA HAND DELIVERY TO:
Carolyn Dahlgren, Esq.
Deputy Garfield County Attorney
108 8th Street, Suite 200
Glenwood Springs, CO 81601
Re:The Ranch ot Coulter Creek P.a.D.
Dear Carolyn:
In response to our numerous discussions and meetings about the above referenced
Subdivision, I have enclosed copies of the following documents:
l. Subdivision Improvements Agreement for The Ranch at Coulter Creek P.U.D. This
document contains all of the changes which we have previously discussed, and
includes a new paragraph 7. which addresses the conveyance ofroads, open space
and water rights and the deposit of deeds therefor into escrow.
2. Document Escrow Agreement between SlC-Laurence, LLC, The Board of County
Commissioners of Garfield County, and Pitkin County Title, Inc. The three
paragraphs inthe Recitals, togetherwithparagraphsl,2,3, and 4, aretheparagraphs
which I drafted to deal specifically with our escrow arrangement. Paragraphs 5
through the end were taken directly from Pitkin County Title's boiler plate escrow
agreement, except that I modified paragraph l0 to provide that only the owner (i.e.,
SlC-Laurence, LLC) is responsible to pay the cost of the escrow and indemnify the
escrow agent.
3. Right-of-way Deed conveying the County Road 115 right-of-way to The Board of
County Commissioners of Garfield County
4. Quit Claim Deed conveying the streets and roads (other than County Road No. 1 15)
to the Homeowners Association.
OF CoUNSEL:
KENNETH BALCoMB
JOHN A. THULSoN
5. Quit Claim Deed conveying the open space parcels to the Homeowners Association.
BAJ,CoMB & Gnrcrcx, P.C.
ATaI'ORNEYS AT I/A.W
Carolyn Dahlgren, Esq.March 10,2004
Page2
Scott Miller's office in Aspen is suppose to be preparing the Quit Claim Deed for the
water rights. I have not yet seen a copy of that Deed and I am not sure when it will
be ready, although Mr. Miller's office is aware of our time frame. I will see to it that
you receive a copy as soon as I do.
Declaration of Covenants, Conditions and Restrictions for The Ranch at Coulter
Creek which has been revised in accordance with our discussions.
Articles of Incorporation for The Ranch at Coulter Creek Homeowners Association.
Youwill recall thatyesterdayaftemoonduring ourmeeting Iprovided youwithacopyofthe
form of letter of credit which will be issued by Alpine Bank. As discussed, there will be two letters
of credit, one in the amount of $762,376.88 for the estimated cost of the remaining improvements
which will remain valid until March 15,2005, and the second letter of credit for revegetation in the
amount of $l10,000.00 which will remain valid for two years.
Finally, Amanda is now working to finalize the Bylaws for the Homeowners Association.
This may take her past 5:00 o'clock this evening, so I wanted to get the majority of these documents
to you as soon as possible. She will deliver a copy of the Bylaws to you no later than 10:00 a.m.
Thursday, March I16.
As you are aware, I will be out of the office for most of the day on Thursday and Friday.
Please call Amanda with any questions or comments you have with regard to these documents, and
she will discuss them with me, or feel free to call me directly on my cell phone at379-2622.
By copy of this letter I am providing Fred Jarman with a set of the enclosed documents.
Very truly yours,
LRG/bc
Encls.
xc: Fred Jarman (w/encls.)
John Sarpa (dout encls.)
Joe Enzer (w/out encls.)
Tim Malloy (dout encls.)
6.
7.
8.
BALCOMB & GREEN, P.C.
fAlpine B ank Letterheadf
Board of County Commissioners of Garfield County, Colorado I 08 8ft Street, Suite 2 I 3
Glenwood Springs, CO 81601
March ,2004
IRREVOCABLE STANDBY LETTER OF CR.EDIT
(Letter of Credit No.dated March _,2004)
Alpine Bank hereby issues its Irrevocable Letter of Credit, No. _ for the account of SlC-Laurence,
LLC in favor of the Board of County Commissioners of Garfield County, Colorado available by your drafts
drawn on Alpine Bank at sight for any sum or sums not exceeding a total of S
payable in U.S. curency only ("Letter of Credit").
Partial draws are permified.
Drafts under Letter of Credit must be presented at the following address of Alpine Bank between the hours
of 9:00 a.m. and 4:30 p.m. Monday through Friday excluding Holidays:
linsen address of Alpine Banle" Aspenl
Drafts under Letter of Credit must be accompanied by a signed affidavit of an auttrorized representative of the
Board of County Commissioners of Garfield County that SlC-Laurence, LLC has failed to comply with
the terms and conditions of that certain Subdivision Improvement Agreement Dated March 15, 2004
between SlC-Laurence, LLC and the Board of County Commissioners of Garfield County. Each draft
must bear upon its face the clause "Drawn under Letter of Credit No.dated March 2004."
This Letter of Credit expires March 15, 2005 without further notice from the bank and is not assignable. This
Letter of Credit is subject to Uniform Customs and Practice for Documentary Credits, (1993 rev.), Intemational
Chamber of Commerce Publication #500.
Garfield County shall authorize periodic reductions in the face amount of this Letter of Credit so that the
revised face amount shall be evidenced by a separate Reduction Certificate, approved and executed by an
authorized representative of the Board of County Commissioners of Garfield County.
ALPINE BANK
By:
Name:
Its:
OUIT CLAM DEED
(Water tughts)
THIS QUIT CLAIM DEED made this I l3l day of l4Arzc 11 2004 between
SLC-LAURENCE, LLC, A DELAWARE LIMITED LIABILITY COMPA).[Y, whose address is
c/o Snowmass Land Company, P. O. Box 6119,0021 Bumt Mountain Circle, Snowmass Village,
CO 81615 (hereinafter "Grantor"), and THE RANCH AT COULTER CREEK HOMEOWNERS
ASSOCIATION, A COLORADO NON-PROFIT CORPORATION, whose address is
c/o Snowmass Land Company, P. O. Box 6119,0021 Burnt Mountain Circle, Snowmass Village,
CO 81615 (hereinafter "Grantee");
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells and
conveys to the Grantee, its successors and assigns, forever, all the right, title, interest, claim and
demand which the Grantor has in and to the following described water rights, together with
improvements, if any, situate, lying and being in the County of Garfield, State of Colorddo,
described as follows:
Water and water rights, ditches and ditch rights, reservoir and
reservoir rights, appurtenant to used in connection with the
property as described on Exhibit A, attached hereto and
incorporated herein by this reference, including without limitation,
the water rights as described on Exhibit B, attached hereto and
incorporated herein by this reference.
TOGETHER with easements and appurtenances associated with the above-referenced
water rights, ditch rights and reservoir rights; including, without limitation, the following: (l)
easements for the operation, maintenance, repair and replacement of the Consolidated Reservoir,
Ralston Reservoir No. I and the Etta Ditch, located on the Upper Laurence Ranch property, as
described on Exhibit C, attached hereto and incorporated herein by this reference, including
rights ofaccess over and across the property described on Exhibit C for these purposes ; and (2)
easements and rights of access, prescriptive or otherwise, for the operation, maintenance, repair
and replacement of the Ralston Reservoir No. 2, the Etta Ditch and the Laurence Ditch, such
rights of access being over and cross lands not owned by the Grantor, but associated with the
Ralston Reservoir No. 2, the Etta Ditch and the Laurence Ditch water rights; excluding, however,
any right or authority of the Grantee to fence-off or otherwise to inhibit access to the area known
as Ralston Reservoir No. I for livestock watering purposes.
IN WITNESS WHEREOF, the Grantor has executed this Quit Claim Deed on the date set
forth above.
SLC-LAURENCE, LLC, a Delaware
Limited Liability Company
STATE OF COLORADO
COLINTY OF PITKIN
Acknowledged, subscribed and swom to before me this t!-a^y rt /lb.r*-/- zool
by John Sarpa, Director of Development of SlC-Laurence, LLC, a Delaware Limited Liability
Company, by Snowmass Land Company, LLC, A Delaware Limited Liability Company, Its
Manager.
WITNESS my hand and offrcial seal.
My Commission expires on:3 5 ' 2n{
)
) ss.
)
By: Snowmass Land Company, LLC,
A Delaware Limited Liability Company,
W:\S L C\88 M3\Docurnents\QuitClaimDeed SLC-Laurence-RanchCCHOA 3-l I {4.doc
EXHIBIT A
Lot 5 of Section l, Township 7 South, Range 88 West of the 6th P.M., Wll2 SE1/4, Ellz SWll4
and Lots 6,7 and 8 of Section 6; N1/2 NEl/4, SWI/4 NE1/4 and NEI/4 NWI/4, all in Section 7,
Township 7 South, Range 87 West of the 6th P.M.
County of Garfield
State of Colorado
EXHIBIT B
Structure Permit
Number
Amount Uses Comments
Well No. I t58721 lAF
(1s gpm)
Ordinary household for 2
dwellings, livestock watering,
fire protection, irrigation of no
more that 43, 500 SF
Exempt well
permit. No
evidence of
adiudication.
Well No. 2 158720 IAF
(15 gpm)
Ordinary household for I
dwelling, livestock watering,
fire protection,Irrigation of no
more than 43.500 SF
Exempt well
permit. No
evidence of
adiudication.
Laurence
Ranch
Well No. I
60619-F 0.40 c.f.s.
(180 gpm,
condiitional)
Domestic, fire protection,
stock watering, and irrigation
for uo to 6.2 acres.
Decreed in Case
No. 02CW108,
w.D.5
Laurence
Ranch
Well No. 2
60620-F 0.40 c.f.s.
(180 gpm,
conditional)
Domestic, fire protection,
stock watering, and irrigation
for up to 6.2 acres.
Decreed in Case
No. 02CW108,
w.D.5
Laurence
Ranch
Well No. 3
60621-F 0.40 c.f.s.
(180 gpm,
conditional)
Domestic, fire protection,
stock watering, and irrigation
for up to 6.2 acres.
Decreed in Case
No. 02CW108,
w.D.5
Laurence
Ranch
Well No. 4
No Permit 0.40 c.f.s.
(180 gpm,
conditional)
Domestic, fire protection,
stock watering, and irrigatiort
for up to 6.2 acres.
Decreed in Case
No. 02CW108,
w.D. s
Laurence
Ranch
Well No. 5
No Permit 0.40 c.f.s.
(180 gpm,
conditional)
Domestic, fire protection,
stock watering, and irrigation
for up to 6.2 acres.
Decreed in Case
No. 02CW108,
w.D.5
Laurence
Well No. 4
24023s Monitoring water levels
and/or water oualitv samolins
Exempt well permit
Structure Case
Number
Amount Adjud. Date Appro.
Date
Uses
Consolidated
Reservoir
c.A.2144 1I9 AF,
absolute (20%
of595 AF)
2lt5/1921 918n898 Irrigation
Consolidated
Reservoir, ltl
Enlareement
c.A.4613 57.12 AF,
absolute (20%
of 285.6 AI)
6/20n958 9lUt948 Irigation
Consolidated
Reservoir,2nd
Enlarsement
c.A.5884 80.2 AF,
absolute (20%
of40l AF
tv5/1971 9/U1948 Irrigation, domestic
Ralston
Reservoir
No.l, Priority
I0AJM
c.A.2150 34.3 AF,
absolute (fed
by Etta Ditch
3.08 cfs)
t/t7/1921 9/t/1904 Irrigation
Ralston
Reservoir Nol,
Irt
Enlarsement
c.A.4033 45.6 AF,
Absolute (fed
by EttaDitch
3.08 cfs
10124/19s2 9lUt945 lrigation, Other
Ralston
Reservoir No.2
Priority
l0AJqA
c.A.2150 3.6 AF,
absolute (fed
by Etta Ditch
3.08 cfs)
Ut7n92t 6lvt90s Irrigation, storage
Ralston
Reservoir No.2
Irt
Enlareement
c.A.4033 24.t N,
conditional)
I0l24lt9s2 9ltt/tgst Irrigation
Laurence Pond
No.1
02cwtt4 20 AF,
conditional
l2l3ut99s 4ltsn989 Livestock and
wildlife watering,
lri gation, piscatorial,
fire protection, aqua
culture. hvdrooonics
Laurence Pond
No.2
02cwtt4 20 AF,
conditional
t2l3t/1995 4tLsn989 Livestock and
wildlife watering,
irrigation, piscatorial,
fire protection, aqua
culture. hvdrooonics
Laurence Pond
No.3
02cwl 14 30 AF,
conditional
l2l3Ut99s 4n5n989 Livestock and
wildlife watering,
irrigation, piscatorial,
fire protection, aqua
culture. hvdrooonics
Laurence Pond
No.4
02cwtt4 30 AF,
conditional
t2t3t/1995 4/15n989 Livestock and
wildlife watering
irri gation, piscatorial,
fire protection, aqua
culture. hvdrooonics
Laurence Ditch w-2743 4.0 cfs,
absolute
l2l3t/r99s 5tI/1973 Irrigation
(supplemental
supolv)
Laurence Ditch
Itt
Enlargement
02cwl14 6.0 cfs,
conditional
(diligence due
May 2002
r2t3Ut995 4/15n989 Livestock and
wildlife watering, fire
protection, irri gation,
storage (Ponds l-4)
EXHIBIT C
All of Section 17 and the NWl/4 NWI/4 Section 16, and all of Section 20 except SE l/4 SEI/4,
and NWI/4 NEI/4 Section 29, Township 6 South, Range 87 West f the 6th P.M.
County.of Garfield
State of Colorado
ASSIGNMEI\iT
SLC-LAURENCE, LLC, A DELAWARE LMITED LIABILITY COMPANY (Assignor),
whose address is c/o Snowmass Land Company, P. O. Box 6119,0021 Burnt Mountain Circle,
Snowmass Village, CO 81615 hereby assigns to THE RANCH AT COULTER CREEK
HOMEOWNERS ASSOCIATION, whose address is P. O. Box 6l l9,0}2l Burnt Mountain Circle,
Snowmass Village, CO 81615 (Assignee), all of Assignor's right, title, obligations and interest in
and to any and all well permits and well agreements, if any, associated with, appurtenant to, or used
in connection with any wells located upon or serving the real property described in the attached
Exhibit "A,n including, but not limited to the following well permits:
State Engineer Well Permit No. 158721 (Laurence Well No. l)
State Engineer Well Permit No. 158720 (Laurence Well No. 2)
State Engineer Well Permit No. 240235 (Laurence Well No. 4)
State Engineer Well Permit No. 60619-F (Laurence Ranch Well No. l)
State Engineer Well Permit No. 60620-F (Laurence Ranch Well No. 2)
State Engineer Well Permit No. 60621-F (Laurence Ranch Well No. 3)
Doneanddated tti, I lA dayof March zoo4.
SLC-LAURENCE, LLC, a Delaware
Limited Liability Company
By: Snowmass Land Company, LLC,
A Delaware Limited Liability Company,
srA,TE OF COLORADO )
"' ) ss.
, .c,giryrY oF prrKrN iI i
rd sworn to before n W_.^*o,, Acknowledged, subscribed and sworn to before me this l_dav of f
John Sarpa, Director of Development of SlC-Laurence, LLC, a Delaware Limited Liability
Company, by Snowmass Land Company, LLC, A Delaware Limited Liability Company, Its
Manager.
WITNESS my hand and official seal.
W:\S L C\88 M3\Documents\SlC-laurence AssignmenrWell permits 3_l l-M.doc
REOUEST:
APPLICAITIT:
REPRESENTATIVE:
LOCATION:
BOCC 03/08104
MEMORANDUM
FJ
Final Plat & Vested Property Rights for Ranch at Coulter Creek
PUD
SlC-Lawrence, LLC
Tim Malloy
CR 115
I. BACKGROUND
As you are aware, the Board of County Commissioners approved the Ranch at Coulter Creek PUD
and Preliminary Plan on January 12,2004.tllII. REOUEST
At present, the Applicant requests the Board 1) sign thcBhrcrereek Ranch Final Plat and2) grant
vested property rights to the Ranch at Coulter Creek PUD pursuant to Section 14:00 of the
subdivision regulations.
However, due to the large volume of information being reviewed and the fact the County Attorney's
Office is short staffed, the County has not finished its review of the final plat materials and the
Applicant will still need to adjust their documents as a result of the changes in the review. The
Applicant agrees with this requested course or action pursuant to their email attached to this memo.
As such, Staffand the Applicant request the Board open and continue the public hearing for the
request wfiil3/15104 at 1:15 P.M.
/,'//4-
tgmalloy consultin g, LLC
Site Design o Land Use Planning o Public Process
July 8,2003
Fred Jarman
Garfield County Building and Planning Department
108 Sth Street, Suite 201
Glenwood Springs, Colorado 81601
RE: Motionto Continue Vesting Hearing to March 15th.
Dear Fred:
By this letter, the Snowmass Land Company acknowledges support for continuing the public hearing to
consider vesting for the Ranch at Coulter Creek PUD subdivision approvals from the scheduled date of
March 8,2004 to March 15". A representative of the Snowmass Land Company will attend ths mssfing on
March 8'n to confirm our support for this action and to respond to any questions that may arise. We
recognize the need to continue the hearing to allow the County staff and our project team the time
necessary to complete work on requested revisions and edits to the Final Plat and associated documents
We look forward to the meeting on March 15fr and the final approval of the Ranch at Coulter Creek PUD
project.
Sincerely,
tgmalloy consulting, rlc
Tim Malloy, Principal
cc: John Sarpa
Larry Green
File
tgm
402ParkDrive r Glenwood Springs r Colorado r 8L601 r phone: 945-0832 r e-mail:
tgmalloy@sopris.net