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1 LOS AMIGOS RANCH PARTNERSHIP
2929 County Road 114
Glenwood Springs, CO 81601
May 16, 1997
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1 Garfield County Commissioners
c/o Mark Bean
Garfield County Planning
109 8th Street
Glenwood Springs, CO 81601
RE: Final Plat Submission, Los Amigos Ranch, Filing 5, Phase 1
1 Gentlemen:
' Los Amigo Ranch Partnership hereby requests review and approval of the Final Plat of Los Amigos
Ranch, Filing 5, Phase 1, which contains seventeen single family Tots.
If Los Amigo Ranch Partnership can provide further assistance, please contact me at 945-6399.
1 Respectfully submitted,
GregJBoecker
Manager, Los Amigos Ranch
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TO: Garfield County Commissioners
FROM: Los Amigos Ranch Partnership
RE: Response to Preliminary Plat Conditions and Final Plat Requirements
1 Condition No 1: The representations of the Applicant shall be considered conditions of approval.
Response: The Applicant so stipulates.
' Condition No. 2:
A proposed agreement for the transfer of the water rights and system facilities from
the Applicant to the Homeowners Associations shall be submitted to the County
1 Attorney prior to Final Plat approval.
Response: A copy of said agreement has been submitted to the County Attomey and attached
I hereto as Exhibit 1.
Condition No. 3: The Applicant shall provide documentation from the Carbondale Rural Fire
Protection District approving the interior road design and fire protection plan.
1 Applicant shall also provide written proof of $235 per lot payment to the Fire District
prior to recordation of the Final Plat.
I Response: A letter of approval from the Fire District is attached hereto as Exhibit 2. Applicant
agrees to make the required payment.
Condition No. 4: All roads shall be designed and constructed in accordance with minimum county
Istandards.
Response: See Construction Plans
Condition No. 5:
The Applicant shall construct a northbound left -turn lane at the intersection of
County Road 114 and Los Amigos Drive.
1 Response: The Applicant so stipulates.
Condition No. 5A: The Applicant shall obtain all required approvals form the County to vacate and
Irelocate the County Road 114 right-of-way necessary for the left turn lane
construction.
Response: The Applicant so stipulates.
Conditions No. 5B: The Applicant shall complete construction of the left -tum lane by 9/1/97 or within the
I next construction season, following completion of legal proceeding and entry of final
order granting title to the County or Applicant for the left -turn lane right-of-way.
IResponse: The Applicant so stipulates. See Subdivision Improvements Agreement (Exhibit 3).
Condition No. 6: The Applicant shall pay a road impact fee of $200.00 per dwelling unit at time of
I Final Plat Approval.
Response: The Applicant so stipulates.
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Condition No. 7: Required Plat Notes (A) - (G)
Response: See Final Plat and Supplemental Declaration (Exhibit 6). Plat Note (B) is not
1 applicable.
4). 4).
Condition No. 8: The Final Plat submittal shall include a computer disk of the plat data formatted for
use on County Assessor's CAD system.
Response: A computer disk so formatted accompanies this Final Plat Submittal.
Condition No. 9:
That Filing 5 provides separate lots of open space totalling 10 acres, for conveyance
to the owners of those multi -family lots known as Resubdivision of Los Amigos
Ranch, Filing 1, Lots 1 and 2.
Response: See Final Plat and deed for multi -family open space conveyance attached hereto as
Exhibit 4.
Condition No. 10: That all recording fees be paid to the County Clerk and Recorder prior to the signing
of the Final Plat by the Board of County Commissioners.
Response: The Applicant so stipulates.
Condition No.11:
That all recommendation of the Carbondale Fire District in a letter dated 7/8/96 shall
be conditions of approval.
Response: The Applicant so stipulates. See emergency access easement on Final Plat and
Exhibit 2.
•• or.
GARFIELD COUNTY SUBDIVISION FINAL PLAT REQUIREMENTS
Section 5:21 thorugh Section 5:24 - Final Plat Doucmentation
Response: See Final Plat
Section 5:31 - Supplemental Information A through H
Responses:
A. Engineering plans and cost estimates - See Construction Documents and
Subdivision Improvements Agreement (Exhibit 3).
B. Subdivision Improvement Agreement and Consent to Vacate - See Exhibit 3.
C. Tax Certification - See Exhibit 7.
D. Covenants and Supplemental Declaration - See Exhibits 5 and 6.
E. Evidence of Utility and Road Service - See Final Plat and Spring Valley Sanitation
District letter. (Exhibit 8)
F. Not Applicable.
G. Evidence of an adequate legal supply of water - See water information set forth in
Exhibit 9.
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WATER RIGHTS AND WATER FACILITIES TRANSFER AGREEMENT
THIS AGREEMENT is made and entered into this day of , 1997,
by and between the LOS AMIGOS RANCH PARTNERSHIP, a Colorado general partnership
(hereinafter "LARP"), the RED CANYON WATER COMPANY, a Colorado corporation
(hereinafter "Company"), and the LOS AMIGOS RANCH HOMEOWNERS ASSOCIATION,
a Colorado non-profit corporation (hereinafter "Association");
WITNESSETH:
WHEREAS, LARP is the developer of the Los Amigos Ranch PUD, Garfield County,
Colorado, which property is more particularly described in Exhibit A, attached hereto and
incorporated herein by reference; and
WHEREAS, LARP has heretofore obtained final plat approval for various subdivisions
and filings within the Los Amigos Ranch PUD and has heretofore conveyed lots therein to third
parties; and
WHEREAS, LARP is the owner and contractee of certain water rights, which rights are
more particularly described in Exhibit B, attached hereto and incorporated herein by reference
(hereinafter "Water Rights"); and
WHEREAS, pursuant to that certain lease of LARP Water Rights entered into between
the Company and LARP dated October 31, 1988, as amended on September 28, 1992, and
November 1, 1993 (hereinafter "Water Rights Lease"), the Company provides the Los Amigos
Ranch PUD with potable water service (hereinafter "Water Service"); and
WHEREAS, the Company is the owner of certain water facilities, which facilities are
more particularly described in Exhibit C, attached hereto and incorporated herein by reference,
and which are used to provide Water Service within the Los Amigos Ranch PUD (hereinafter
"Water Facilities"); and
WHEREAS, the Company has heretofore entered into certain water delivery agreements
with single-family lot owners located within the Los Amigos Ranch PUD, which agreements are
more particularly described in Exhibit D, attached hereto and incorporated herein by reference
(hereinafter "Single -Family Water Delivery Agreements"); and
WHEREAS, the Company has heretofore entered into a water delivery agreement with
LARP dated , 1997, which agreement is more particularly described in Exhibit
E, attached hereto and incorporated herein by reference, and which provides for water service
to three existing residences on property commonly known as Lots 5 and 6 of Subdivision II,
Filing No. 1, Los Amigos Ranch PUD, as well as for the provision of water to LARP for
construction and irrigation purposes within the PUD (hereinafter "LARP Water Delivery
Agreement"); and
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WHEREAS, the Company has heretofore entered into a water delivery agreement with
Pat E. and Patsy J. Dowdy dated October 28, 1988, which agreement is more particularly
described in Exhibit F, attached hereto and incorporated herein by reference, and which provides
for water service to property commonly known as the Auburn Ridge Apartments, or Lot 2,
Subdivision No. I, Los Amigos Ranch PUD, as indicated on that Amended Plat for Subdivision
I recorded in Book at Page as Reception No. of the Garfield County
Records (hereinafter "ARA Water Delivery Agreement"); and
WHEREAS, the Company has heretofore entered into a water delivery agreement with
Pat E. and Patsy J. Dowdy dated , 1997, which agreement is more particularly
described in Exhibit G, attached hereto and incorporated herein by reference, and which
provides for water service to property zoned for 48 multi -family units commonly known as Lot
1, Subdivision No. I, Los Amigos Ranch PUD, as indicated on said Amended Plat for
Subdivision I (hereinafter "Dowdy Water Delivery Agreement"); and
WHEREAS, the Association is a duly incorporated Colorado non-profit corporation, and
certain single-family lot owners of property within the Los Amigos Ranch PUD are currently
or shall become members of the Association, as more fully set forth in the recorded Amended
and Restated Declaration of Covenants for the PUD; and
WHEREAS, Garfield County, as a condition of further final subdivision plat approvals,
has mandated that LARP and the Company transfer ownership and control of their respective
interests in the Water Rights and Water Facilities to the Association; and
WHEREAS, LARP therefore desires to terminate the Water Rights Lease with the
Company and convey and assign to the Association the Water Rights necessary to provide Water
Service to the Los Amigos Ranch PUD, pursuant to the terms and conditions set forth herein;
and
WHEREAS, the Company similarly desires to terminate the Water Rights Lease with
LARP and convey to the Association the Water Facilities pursuant to the terms and conditions
set forth herein; and
WHEREAS, the Company must, therefore, assign its rights and obligations under its
various water delivery agreements to the Association; and
WHEREAS, the Association agrees to accept the conveyance of the Water Rights and
Water Facilities and the assignment of the various water delivery agreements pursuant to the
terms and conditions hereinafter set forth; and
WHEREAS, the parties hereto desire to set forth their agreement in writing regarding
such conveyances and assignments and provision of Water Service within the Los Amigos Ranch
PUD.
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NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Conveyance of Water Facilities and Assignment of Water Delivery Agreements
By Company to Association. On the Effective Date, the Company shall convey by bill of sale
to the Association, and the Association agrees to accept, the Water Facilities pursuant to the
terms and conditions of this paragraph and this Agreement. All existing as -built drawings of the
Water Facilities shall also be transferred to the Association at such time. The Water Facilities
shall be conveyed "as is" and without warranty of any kind or nature whatsoever. On the
Effective Date, the Company shall assign to the Association, and the Association agrees to
accept, all Company rights and interests in and to the Single -Family Water Delivery Agreements
set forth in Exhibit D, the LARP Water Delivery Agreement set forth in Exhibit E, the ARA
Water Delivery Agreement set forth in Exhibit F (which agreement was most recently assigned
to William F. and Pamela A. Gibson, as set forth in Exhibit H) and the Dowdy Water Delivery
Agreement set forth in Exhibit G. It is hereby acknowledged that as of the date of the execution
of this Agreement neither the Company nor any party with whom any water delivery agreement
has been entered into are in default of the terms and conditions set forth in said agreements.
2. Conveyance of Water Rights By LARP to Association. On the Effective Date,
LARP shall convey to the Association by Quit Claim Deed the Water Rights described in Exhibit
B. Said conveyance shall include and be limited to the water rights associated with the Los
Amigos Ranch Well No. 5 and Rancho Los Amigos Well No. 6, together with any interests
LARP has in the plan for augmentation decreed by the Basalt Water Conservancy District in
Case No. 87CW155 (Water Division No. 5, State of Colorado), including that Water Allotment
Contract entered into between the Basalt Water Conservancy District and LARP dated March
8, 1984 (as amended on October 12, 1992, and November 13 1995), and that Water Allotment
Contract dated July 14, 1986 (as amended on October 12, 1992) (hereinafter collectively referred
to as the "Water Allotment Contract"). Prior to the Effective Date, LARP shall secure the
approval of such assignment by the Basalt Water Conservancy District. Said conveyance and
assignment shall be "as is" and without warranty of any kind or nature whatsoever. The
Association agrees to accept the Water Rights pursuant to the terms and conditions of this
paragraph and this Agreement. It is hereby acknowledged that, as of the date of the execution
of this Agreement, neither LARP, or the Basalt Water Conservancy District is in default of any
of the terms and conditions of the Water Allotment Contracts included as part of the Water
Rights. Except as expressly provided for in this paragraph and this Agreement, LARP shall
retain and reserve for itself any and all other water rights associated with or appurtenant to the
Los Amigos Ranch PUD property and/or owned by LARP.
3. Effective Date. The Effective Date of this Agreement, and the closing of the
conveyances and assignments set forth in Paragraphs 1 and 2, above, shall be midnight
, 1997. The parties shall cooperate between the date of the execution of this
Agreement and the Effective Date for the purpose of allowing the Association to adequately
prepare to take over the Water Rights, Water Facilities, and various water delivery agreements
and thereby provide for the efficient transfer to, and orderly takeover by, the Association of
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Water Service within the Los Amigos Ranch PUD.
4. Association Rights and Obligations.
4.a. Agreement to Provide Water Service. Upon the Effective Date and thereafter,
the Association shall own, operate, maintain, repair, and replace the Water
Facilities and any Additional Water Facilities (see Paragraphs 4.f. and 6.d., infra)
conveyed by the Company and the Water Rights conveyed by LARP for the
benefit of property owners within the Los Amigos Ranch PUD. This provision
of Water Service by the Association complies with Section 4.8(D) of the
Amended and Restated Declaration of Covenants, Conditions, and Restrictions for
Los Amigos Ranch PUD recorded on February 15, 1991, in Book 799 at Page
48 of the Garfield County Clerk and Recorder's records as Reception No. 421306
(hereinafter "Declaration"). The Association shall operate and maintain the Water
Facilities and any Additional Water Facilities in a manner consistent with the high
quality nature of the Los Amigos Ranch PUD development to ensure Water
Service is provided in an uninterrupted and quality manner to users within the
PUD. For this purpose, the Association shall operate and make such repairs,
replacements, and improvements to the Water Facilities and any Additional Water
Facilities as are necessary to ensure provision of the Water Service within the
PUD in a manner consistent with local, state, and federal laws and regulations
regarding the provision of potable water. For this purpose, the Association shall
employ such consultants, including attorneys, engineers, and operators, as are
necessary and appropriate to ensure the Association complies with the terms and
conditions of this paragraph and this Agreement.
4.b. Charges for Water Service. The Association shall impose upon property owners
such monthly, quarterly, or yearly charges for Water Service as are necessary to
provide for the operation, maintenance, repair, and replacement of the Water
Facilities and any Additional Water Facilities, including a reserve for replacement
component. Except as expressly set forth in this Agreement or the various water
delivery agreements, said charges shall be imposed in a non-discriminatory
manner among similar users; provided, however, said charges may be calculated
in a manner that imposes increased charges for increased water usage. Prior to
the Effective Date, LARP shall prepare proposed rates and charges and a
proposed annual budget regarding provision of Water Service for adoption by the
Association, and shall submit such proposed rates, charges, and budget to the
Association for its review and comment, which comments shall be reviewed and
considered by LARP. Upon the Effective Date, the Association shall adopt the
rates and charges schedule and budget prepared by LARP.
4.c. Rules and Regulations. Prior to the Effective Date, LARP shall prepare proposed
rules and regulations regarding the provision of Water Service for adoption by the
Association, and shall submit such rules and regulations to the Association for its
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review and comment, which comments shall be reviewed and considered by
LARP. Upon the Effective Date, the Association shall adopt rules and
regulations prepared by LARP.
4.d. Amendments and Changes to Rates and Charges and Rules and Regulations.
Following the Effective Date, the Association may make such amendments or
changes to the rates, charges, budget, and rules and regulations as the Association
deems appropriate; provided, however, the Association shall submit all such
proposed amendments and changes to LARP for its approval prior to adoption;
provided further that all such changes and amendments shall be consistent with
the terms and conditions of this Agreement.
4.e. Covenants. The Association shall enforce and not modify without the prior
written consent of LARP any and all of the covenants contained within the
Declarations of the Los Amigos Ranch PUD related to the provision or use of
water within the PUD, including but not limited to lawn irrigation limitations.
4.f. Additional Water Facilities. The Association shall accept future Additional Water
Facilities as may be constructed by LARP pursuant to Paragraph 6.d., below,
provided:
(1) Additional Water Facilities shall be conveyed to the Association by LARP
"as is";
(2) LARP shall assign to the Association any and all construction, material,
and equipment warranties it obtains in connection with Additional Water
Facilities; and
(3) So long as LARP is in compliance with the terms and conditions of this
Agreement and Paragraph 6.d., the Association shall not submit, or cause
to be submitted, any objections to Garfield County officials regarding any
future land use application by LARP for the Los Amigos Ranch PUD on
any ground related to provision of Water Service. Upon the conveyance
by LARP of Additional Water Facilities to the Association, the
Association shall own, operate, maintain, repair, and replace said
Additional Water Facilities in the same manner as the Water Facilities
conveyed pursuant to Paragraph 1, above, and in a manner consistent with
and in compliance with the terms and conditions of this Agreement and
Paragraph 4.a.
4.g. Compliance With Decrees and Contracts By Association. The Association shall
take any and all steps necessary to comply with the terms and conditions of the
decrees and contracts related to the Water Rights conveyed by LARP, including
without limitation any and all stipulations herein regarding the Water Rights and
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the payment of the annual charges imposed by the Basalt Water Conservancy
District under the Water Allotment Contract. The Association shall not reduce
the amount of water under contract with the Basalt Water Conservancy District
nor change any other Water Rights conveyed by LARP without the prior written
consent of LARP. The Association shall take all actions necessary to preserve
and protect the Water Rights, including without limitation defense against third -
party actions which would in any way injure or impair the Water Rights, and to
utilize the Water Rights for beneficial purposes to the maximum extent possible
to protect the Water Rights from claims of abandonment. In the event the
Association fails to comply with the terms and conditions of this paragraph for
any reason, LARP retains the right to take any action necessary to preserve,
protect, utilize, and maintain the Water Rights at the sole expense of the
Association pursuant to the terms and conditions contained in Paragraph 8, below.
4.h. No Service to Third Parties. The Association shall not provide Water Service to
third parties for any use or purpose outside the Los Amigos Ranch PUD.
4.i. No Assignment, Conveyance, or Encumbrance. The Association shall not sell,
assign, convey, transfer, hypothecate, lease, loan, or encumber the Water
Facilities, Additional Water Facilities, or Water Rights.
4.j. Standby Fees. The Association shall not charge LARP or its successors, as the
owner(s) of unplatted property within the Los Amigos Ranch PUD, any standby
fees or availability of services fees or other fees or charges of a similar nature.
The Association may charge reasonable standby fees to lot owners of platted lots
within the Los Amigos Ranch PUD; provided, however, such charges shall not
be imposed for a three (3) year period from the date of the final plat approving
such lot and shall not exceed fifty percent (50%) of the effective monthly water
service fees for similar properties.
4.k. Separate Billing Required. The Association agrees the water charges it imposes
hereunder shall be separate and apart from any Homeowners Association dues or
other fees or charges imposed for other purposes.
4.1. Bulk Rates for Certain Users. The Association shall not charge individual
metered rates to: Multi -Family users; High -Density Single -Family users, and
Commercial users (as determined by the amended Los Amigos Ranch PUD
Zoning Map set forth in Exhibit J, attached hereto and incorporated herein by
reference). Such users shall be charged bulk rates based upon the projected
useage of buildings or subdivisions, which charges shall in turn be allocated
among individual users by the applicable association, building owner(s), or other
entity controlling the relevant area.
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4.m. Cooperation With LARP. The Association agrees to fully cooperate with LARP
in seeking approval from the County regarding future filings, including providing
all relevant and necessary Water Service information to the County in furtherance
of such approval.
5. Existing Contracts.
5.a. Single -Family Water Delivery Agreements. Upon the Effective Date, the
Association agrees to accept the assignment of and be bound by the terms and
conditions set forth in the Single -Family Water Delivery Agreements should the
property owners who are parties to such delivery agreements elect to enforce the
terms and conditions of their delivery agreements. If such an election is made
by a property owner, the Association shall have the obligation to enforce the
terms and conditions of said particular Single -Family Water Delivery Agreement
throughout the renewal terms thereof and, upon the expiration of said agreement
and the renewal terms thereof, to provide Water Service to that Single -Family lot
on the same terms and conditions as the Association provides Water Service to
similar Single -Family lots; provided, however, any Single -Family lot owner
receiving Water Service from the Association subsequent to the expiration of a
Single -Family Water Delivery Agreement shall be bound by all rules and
regulations of the Association regarding Water Service and shall be obligated to
pay the rates and charges for Water Service lawfully imposed by the Association,
including reasonable charges for an equity interest in the Water Rights, Water
Facilities, and any Additional Water Facilities as deemed appropriate by the
Association.
Prior to the Effective Date, any property owner who is a party to a Single -Family
Water Delivery Agreement may decide not to enforce the terms and conditions
of said agreement subsequent to the Effective Date and instead receive Water
Service from the Association as contemplated in Paragraph 4.a., above. Said
owners shall then be subject to the decisions, rules, and regulations made or
imposed by the Association pursuant to the terms and conditions of this
Agreement, including the appropriate charge for single-family lots water service.
5.b. Dowdy Water Delivery Agreements. On the Effective Date, the Association
agrees to accept the assignment of and be bound by the terms and conditions set
forth in the ARA Water Delivery Agreement and the Dowdy Water Delivery
Agreement. Upon the expiration of said Agreements, and any renewal terms
thereof, the Association shall continue to provide Water Service to said properties
on such terms and conditions as are mutually agreeable; provided, however, said
properties shall be bound by any rules and regulations of the Association
regarding Water Service and shall be obligated to pay the charges for Water
Service lawfully imposed by the Association.
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5.c. LARP Water Delivery Agreement. On the Effective Date, the Association agrees
to accept the assignment of and be bound by the terms and conditions set forth
in the LARP Water Delivery Agreement. Upon the expiration of said agreement
and any renewal terms thereof, the Association shall continue to provide Water
Service to said properties on the same terms and conditions as the Association
provides Water Service to similar users within the Los Amigos Ranch PUD;
provided, however, said properties shall be bound by any rules and regulations
of the Association regarding Water Service and shall be obligated to pay the rates
and charges for Water Service lawfully imposed by the Association.
6. Respective Rights and Obligations of LARP and the Association.
6.a. Tap Fees. The Association acknowledges LARP and the Company constructed
at their sole expense the Water Facilities to be conveyed to the Association
pursuant to Paragraph 1, and LARP expended money in connection with the
acquisition and development of the Water Rights set forth in Paragraph 2. The
Association agrees LARP and/or the Company are entitled to recover such costs
by the imposition of a one-time, non-refundable tap fee (also known as a plant
investment fee or system development fee) to be imposed upon new property
owners within the Los Amigos Ranch PUD. The Association further
acknowledges that insofar as LARP has agreed, pursuant to Paragraph 6.d.,
below, to construct Additional Water Facilities as may be necessary to provide
Water Service to additional development within the Los Amigos Ranch PUD,
LARP is entitled to recover the additional costs incurred as part of such
construction.
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May 15, 1997
Based upon said capital investments by LARP and the Company, prior to the
Effective Date, LARP and/or the Company shall be entitled to enter into capital
recovery agreements regarding such tap fees, enlargement in existing use fees,
multi -family oversizing fees, or other cost recovery fees in amounts to be
determined by LARP and/or the Company in their sole discretion. Prior to the
Effective Date, the Company may also enter into additional water delivery
agreements with third parties which shall be assigned to the Association pursuant
to Paragraph 1, above.
Following the Effective Date, LARP shall be similarly entitled to enter into
capital recovery agreements regarding such tap fees, enlargement in existing use
fees, multi -family oversizing fees, or other cost -recovery fees in amounts
determined by LARP in its sole discretion; provided, however, in no event shall
LARP be entitled to recover more than its actual costs incurred, plus nine percent
(9%) per annum, from the date of expenditure, in development and acquisition
of the Water Rights and in the design, installation, and construction of the Water
Facilities and any Additional Water Facilities (hereinafter "Facility Costs") as
reasonably determined by LARP. For the purpose of obtaining reimbursement
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of its Facility Costs, including without limitation the costs for oversizing the
Water Facilities to serve future development or multi -family uses within the Los
Amigos Ranch PUD, LARP may enter into such cost recovery agreements with
the purchasers of developable property or the owners of developable property
within the Los Amigos Ranch PUD, as LARP in its sole discretion deems
appropriate, provided, however, any such recovery shall, together with amounts
collected for tap fees, not exceed the amounts expended by LARP for such
Facility Costs, plus nine percent (9%) per annum from the date of the
expenditure.
The Association shall collect all tap fees imposed on new owners as set forth in
this section before any physical connection to the system is made. The
Association shall retain $400 of each tap fee collected for administration,
operation and/or reserve/replacement purposes related to the Water Facilities,
Additional Water Facilities, or Water Rights.
6.b. Excess Water Rights. The parties agree and acknowledge that the Water Rights
conveyed by LARP to the Association are sufficient to provide Water Service to
the entire Los Amigos Ranch PUD as presently approved. The parties also
acknowledge and agree that LARP's development plans for the PUD may change
and, pending full development, excess Water Rights are available for use. LARP
hereby expressly reserves the right to utilize, at no cost or charge by the
Association, any and all excess Water Rights conveyed to the Association pending
the need for such Water Rights to provide Water Service within the Los Amigos
Ranch PUD, and the Association agrees to such reservation. Further, in the
event the ultimate needs for Water Rights to serve the Los Amigos Ranch PUD,
as reasonably determined by LARP, are less than the Water Rights conveyed by
LARP to the Association, LARP reserves the right to utilize such excess Water
Rights in the future. The sole cost to LARP of utilizing such ultimate excess
Water Rights shall be the acre-foot cost of such water under the Water Allotment
Contract. The quantity of Water Rights necessary to serve the subdivision shall
be based upon the assumptions and requirements contained in the augmentation
plan heretofore decreed in Case No. 87CW155 (Water Division No. 5,
Colorado), a copy of which is attached hereto as Exhibit I.
6.c. Excess Capacity of Water Facilities. The parties agree and acknowledge that the
Water Facilities conveyed by the Company to the Association pursuant to
Paragraph 1, above, as well as any Additional Water Facilities conveyed to the
Association pursuant to Paragraph 6.d., below, may, at any given point in time,
including at full development of the Los Amigos Ranch PUD, have excess
capacities which are not reasonably needed or necessary to provide Water Service
to the PUD. LARP therefore hereby reserves any excess capacity for its use, or
for conveyance or sale to third parties within or without the Los Amigos Ranch
PUD, in LARP's sole discretion; provided, however, LARP shall pay the actual
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operation and maintenance costs for the wells and pumps only, based upon
LARP's proportionate water use at the well heads associated with such use by
LARP. For purposes of this paragraph, the parties agree the 600 gallons per
minute associated with Well Nos. 5 and 6, as more fully set forth in Exhibit B,
are in excess of the diversion rates necessary to provide Water Service within the
Los Amigos Ranch PUD.
6.d. Additional Water Facilities. LARP and the Association agree and acknowledge
that LARP intends in the future to apply for and secure the approval of Garfield
County for additional subdivision final plats within the Los Amigos Ranch PUD.
As part of said applications and approvals, LARP shall cause a registered
Colorado professional engineer to design Additional Water Facilities as are
necessary to provide water service to such subdivisions, as may be reasonably
determined by LARP and approved by Garfield County. LARP agrees that any
Additional Water Facilities shall be generally consistent with the standards and
specifications of the existing Water Facilities, and shall be designed and
constructed in a manner that will not unreasonably interfere with the provision of
Water Service to the existing users within the Los Amigos Ranch PUD, which
determinations shall be made by LARP's engineer in his sole professional
opinion.
Following the design and approval by Garfield County of any Additional Water
Facilities, LARP shall cause, at no cost to the Association, such Additional Water
Facilities to be constructed pursuant to any subdivision improvement agreement
entered into between LARP and Garfield County. The Association agrees LARP
may use any and all existing or future easements, right-of-ways, open space or
common area property within the Los Amigos Ranch PUD for this and other
utility purposes; provided, however, LARP shall revegetate and restore all
disturbed areas. Upon approval of Additional Water Facilities by Garfield
County and/or the release by the County of any performance guarantee provided
by LARP, LARP shall convey such Additional Water Facilities "as is" (subject
to all construction, material, and equipment warranties as set forth in Paragraph
4.f.) to the Association by bill of sale or other appropriate instrument.
To the extent that the Water Facilities or any Additional Water Facilities need to
be upgraded or modified in order to serve future users, LARP shall be
responsible for upgrading or modifying such facilities at its sole cost. LARP
shall subsequently retain the sole right to salvage such replaced facilities and
equipment for its sole benefit.
6.e. Modification to Los Amigos Ranch PUD. LARP expressly reserves the right, in
its sole discretion, to modify the presently approved Los Amigos Ranch PUD.
Nothing herein shall provide the Association with a basis to object to any such
modification; provided, however, in the event such modification results in an
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increased need for water rights and the Water Rights conveyed to the Association
herein are not reasonably adequate to serve the needs of the Los Amigos Ranch
PUD as so modified, LARP shall provide additional water rights to the
Association at no cost to the Association.
1 7. Miscellaneous Provisions.
7.a. Cash Balances; Accounts Receivable; First In/First Out. Upon the Effective
1 Date, LARP and the Company shall retain ownership of all outstanding accounts
receivable and cash balances, after payment of all invoices of the Company
actually billed and received by the Company and related to Water Service. The
Association agrees to accept the assignment of, and assume responsibility under,
all contracts of the Company and/or LARP related to Water Service. The
' Association agrees all rates and charges received by the Association shall be first
applied to any account receivable retained by the Company and/or LARP for such
customer. Each party shall have a reasonable right of inspection of each other's
' books regarding accounts receivable and accounts payable during normal business
hours to ensure compliance with the terms and conditions of this paragraph.
' 7.b. Physical Connection Inspection Charge. The Association shall have the right to
charge new users a reasonable fee, not to exceed actual costs, for inspections by
the Association of the new users' initial physical connection to the Water
Facilities and installation of an individual water meter and pressure -reducing
valve. Actual costs shall include but not be limited to administrative, field -
related, and consulting costs.
7.c. Insurance. Upon the Effective Date, and for a period of twenty (20) years from
the Effective Date, the Association shall obtain and maintain property and liability
' insurance in the minimum amount of $1,000,000.00 and $2,000,000.00,
respectively, and shall cause LARP to be named as a co-insured on the liability
insurance. Upon request, the Association shall provide LARP with a copy of said
1 insurance policy.
7.d. Matters Not Expressly Covered. The parties hereto acknowledge there may be
matters not expressly covered or addressed by this Agreement which hereafter
become known. The parties agree to cooperate and take actions as are necessary
regarding such matters as is consistent with the intent of this Agreement.
8. Breach. In the event of a breach of any of the terms and conditions of this
Agreement, the non -breaching party shall give the party in default written notice of said breach
and a thirty (30) day right to cure. In the event the breaching party has not cured said default
within the 30 -day period, the non -breaching party may bring an action in the Garfield County
District Court for damages, mandatory injunctive relief, and/or specific performance. In the
event of litigation to enforce the terms and conditions of this Agreement, the prevailing party
' C:FILFS\LARPB.IAG
May 15, 1997 -11-
1
1 i
shall be entitled to reasonable attorney fees and costs.
In addition to the foregoing remedies, following a failure of the Association to cure after
notice, LARP shall have the right, but not the obligation, to take such actions as are necessary
' in LARP's sole discretion, to operate, maintain, repair, and replace the Water Facilities and any
Additional Water Facilities and protect and preserve the Water Rights in the manner required
of the Association by this Agreement and shall be entitled to recover from the Association any
' and all monies spent by LARP for this purpose, together with interest until paid at the rate of
eighteen percent (18%) per annum, calculated monthly and compounded annually.
9. Assignment; Benefits. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto; provided, however, the rights and
obligations of the Association shall not be assigned by the Association to a third party without
' the prior written consent of LARP; provided further, the reserved rights of LARP may be
assigned to a third party, in whole or in part, without the consent of the Association (regardless
of whether such assignee has an interest in the Los Amigos Ranch PUD property), so long as
' LARP provides to the Association written notice of such assignment.
10. Indemnification. The Association shall indemnify and hold LARP harmless
against any and all claims, including attorney fees, that arise after the Effective Date, which
claims arise out of or relate in any way to: the Association's ownership and operation of the
Water Facilities, Additional Water Facilities or Water Rights; the provision of Water Service
' within the Los Amigos Ranch PUD; the Association's compliance or lack thereof with the terms
and conditions of this Agreement or applicable governmental regulations; or any water delivery
agreements assigned by the Company to the Association.
111 11. Notice. All notices required under this Agreement shall be in writing and shall
be hand delivered or sent by registered or certified mail, return receipt requested, postage
1 prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered
effective seventy-two (72) hours after deposit in the United States Mail with the proper address
as set forth below. Either party by notice so given may change the address to which future
notices shall be sent.
Notice to LARP: Los Amigos Ranch Partnership
2929 County Road 114
Glenwood Springs, CO 81601
With copy to: Leavenworth & Associates, P.C.
P. O. Drawer 2030
' Glenwood Springs, CO 81602
Notice to Company: Red Canyon Water Company
' c/o Greg Boecker
1011 Grand Avenue
C:\FILES\LARPB.IAG
May 15. 1997 —12-
1
With copy to:
Notice to Association:
Glenwood Springs, CO 81601
Leavenworth & Associates, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 81602
Los Amigos Ranch Homeowners Association
P. O. Box
Glenwood Springs, CO 81602
12. Complete Agreement. This document embodies the entire and complete
agreement of the parties on the subject matter herein. No promise or undertaking has been made
by any party, and no understanding exists with respect to the transaction contemplated, except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are integrated and merged into this Agreement.
13. Governing Law. This Agreement shall be governed by the laws of Colorado,
which state shall also be deemed the place where this Agreement was entered into and the place
of performance and transaction of business of the parties. In the event of litigation pertaining
to this Agreement, the exclusive forum, venue, and place of jurisdiction shall be Garfield
County, Colorado, unless otherwise designated in writing by the parties.
14. No Waiver. Modification or waiver of any of the provisions in this Agreement
shall be effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of the provisions
of this Agreement shall not be construed as a waiver of any subsequent default of the same or
similar nature.
15. Severability. If any covenant, term, condition, or provision contained in this
Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in any respect, such covenant, term, condition, or provision shall be severed or modified to the
extent necessary to make it enforceable, and the resulting Agreement shall remain in full force
and effect.
16. Section Headings. The section or paragraph headings contained within this
Agreement are inserted for convenience only and shall not be construed to vary or add to the
meaning of the Agreement.
17. Recording. This Agreement and the exhibits hereto shall be recorded at LARP's
expense in the office of the Clerk and Recorder of Garfield County; provided, however, that
only a single representative sample of the Single -Family Water Delivery Agreements set forth
in Exhibit D, along with a complete list of legal descriptions for all properties affected by such
agreements, shall be recorded.
C:\FILES\LARPB.IAG
May 15, 1997
-13-
1 r •
1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
1 originals on the day and year first written above.
1 LOS AMIGOS RANCH PARTNERSHIP
1 By
General Partner
1
RED CANYON WATER COMPANY
' By
President
ATTEST:
1
Secretary
LOS AMIGOS RANCH
HOMEOWNERS ASSOCIATION
1
By
1 President
ATTEST:
1
Secretary
1
1
1
1 C:\FILES\LARPB.IAG
May 15, 1997 -14-
1
STATE OF
COUNTY OF
Acknowledged, subscribed, and sworn to before me this day of
1997, by , as General Partner, on behalf of Los Amigos Ranch
Partnership.
WITNESS my hand and official seal.
My Commission expires:
STATE OF
COUNTY OF
Notary Public
Acknowledged, subscribed, and sworn to before me this
1997, by , as President, and by
as Secretary, on behalf of Red Canyon Water Company.
WITNESS my hand and official seal.
My Commission expires:
STATE OF COLORADO
COUNTY OF
day of
Notary Public
Acknowledged, subscribed, and sworn to before me this day of
1997, by , as President, and by
as Secretary, on behalf of Los Amigos Ranch Homeowners Association.
WITNESS my hand and official seal.
My Commission expires:
C:AFILES \LARPB.IAG
May 15, 1997
-15-
Notary Public
EXHIBIT LIST
Exhibit A Los Amigos Ranch PUD Legal Description
Exhibit B Water Rights Description
Exhibit C Water Facilities Description
Exhibit D Single -Family Water Delivery Agreements
Exhibit E LARP Water Delivery Agreement
Exhibit F Dowdy Water Delivery Agreement (1988 Lot 2 Agreement)
Exhibit G Dowdy Water Delivery Agreement (1997 Lot 1 Agreement)
Exhibit H Assignment of Dowdy 1988 Water Delivery Agreement
Exhibit I Case No. 87CW155 Augmentation Plan
Exhibit J Amended Los Amigos Ranch PUD
C:\FILES\LARPB.IAG
May 15. 1997
-16-
• •
Carbondale 8c Rural Fire Protection District
300 Meadowood Drive
Carbondale, CO 81623
(970) 963-2491
Fax: (970) 963-0569
1
May 15, 1997
Mark Bean
Garfield County Planner
' 109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Los Amigos Ranch, Filing 5- Phase 1
Assistant Chief Rob Goodwin and I met with Greg Boecker this morning to review the road
1 layout for Filing 5 - Phase 1. I would offer the following comments:
1. The general road layout for the filing is acceptable including the location of the emergency
' access road that originates north of Pinion Drive and connects north of Cedar Cove. We
feel that temporary cul-de-sacs will not be necessary for this filing.
1
Sincerer,
2. We reviewed and approved the proposed K -turnaround for "Drive D" which serves five
lots.
Please call if you hae any questions.
1
1
1 cc: Greg Boecker
1
1
Bill Gavette
Fire Marshal
1
• •
SUBDIVISION IMPROVEMENTS AGREEMENT
LOS AMIGOS RANCH, FILING 5, PHASE 1
THIS AGREEMENT is made and entered into this day of , 1997, between
LOS AMIGOS RANCH PARTNERSHIP (hereinafter referred to as "Owner") and the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO (hereinafter referred to as the "County");
WITNESSETH:
WHEREAS, Owner is the owner and developer of certain real property located within Garfield
County, Colorado, known as Los Amigos Ranch P.U.D., as approved and more particularly described
in County Resolution No. 96-34; and
WHEREAS, preliminary plan approval was issued by the County for that portion of the Los
Amigos P.U.D. designated as Los Amigos Ranch, Filing 5, under the terms and conditions set forth in
County Resolution No. 96-67; and
WHEREAS, Owner has submitted to the County for its approval, the Final Plat for Los Amigos
P.U.D., Filing No. 5, Phase 1 (hereinafter "Final Plat") for a portion of the property lying within the Los
Amigos P.U.D. more particularly described in said Final Plat and set forth in Exhibit A attached hereto
and incorporated herein by this reference; and
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State
of Colorado, Owner wishes to enter into this Subdivision Improvements Agreement with the County;
and
WHEREAS, Owner has agreed to execute and deliver to the County cash. or other security,
deemed sufficient by the County to secure and guarantee Owner's 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 are more fully set forth hereinafter.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and
agreements herein contained, Owner and the County agree as follows:
I. Owner's Performance
A. Owner has constructed and installed or will cause to be constructed and installed, at its
sole expense, those improvements related to the Los Amigos P.U.D., Filing No. 5, Phase 1 (hereinafter
"Subdivision") which are required to be constructed by Resolution No. 96-34, Resolution No. 96-67,
the Final Plat and all County Zoning and Subdivision Regulations. The improvements set forth therein
will be completed in compliance with the following:
Los Amigos
Subdivion Improvements Agreement
Page 1
1
1. all plat documents submitted prior to or at the time of the Final Plat approval, which
plat documents are incorporated herein by reference, and made a part of this agreement;
I2. all requirements of Resolution Nos. 96-34 and 96-70 including all requirements of
the Garfield County Zoning Code and Garfield County Subdivision Regulations as they relate to the
1 Subdivision.
3. all laws of the United States, the State of Colorado, the County of Garfield and its
Ivarious agencies and affected special districts.
4. all terms and/or conditions and/or requirements contained within such other designs,
I maps, specifications, sketches, and/or other materials submitted to and approved by any of the
above -stated governmental entities.
1 B. All improvements required herein shall be constructed by Owner on or before September
30, 1998 unless within said time period, Owner obtains from the County an extension of time to
complete the improvements, which extension, upon a showing by Owner of a reasonable need therefor,
will not be withheld by the County.
I
C. The County agrees that if all improvements are installed in accordance with this agreement,
the Final Plat documents, and the requirements of the Preliminary Plan, then the Owner shall be deemed
1 to have satisfied all terms and conditions of the Zoning, Subdivision, Resolutions and Regulations of
Garfield County, Colorado including but not limited to, Resolution No. 96-34 and Resolution No. 96-69.
1 11. Costs of Improvements
The total estimated cost of completion of the unfinished improvements related to the Subdivision,
I
as set forth and certified by a licensed engineer in Exhibit B attached hereto is , which
amount is hereby approved and accepted by the County.
1 III. Security for Improvements
IA. Simultaneously with the execution of this Agreement by both parties, Owner shall deliver cash
or other security in a form acceptable to the County and payable to the County Treasurer in the amount
equal to the "Total Estimated Cost" of the unfinished improvements in the amount set forth and
1 certified in Exhibit B of . If cash security is utilized by Owner, the County hereby agrees
to deposit said cash in a separate interest-bearing account to be designated and distributed in the
manner prescribed in herein.
1 B. As Owner completes the improvements designated in Exhibit B and receives invoices in
connection therewith, it shall forward to the Garfield County Director of Regulatory Services a request
for payment, an invoice, and certification of completion submitted by a registered professional engineer.
Such certification shall certify that the improvements have been constructed in accordance with the
1
I Los Amigos
Subdivion Improvements Agreement
Page 2
requirements of this Agreementand any exhibits attached hereto. SIP certification shall also certify
that the amount of reimbursement by the County for any line item listed on Exhibit B does not exceed
the amount stated in Exhibit B.
C. Upon receipt of Owner's request, invoice and certification, the 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 County determines that all or a
portion of the improvements certified as complete are not in compliance with the relevant
specifications, the County shall furnish a letter of potential deficiencies to the Owner within (15) fifteen
days specifying which improvements are potentially deficient. If no letter of potential deficiencies is
furnished within said (15) fifteen day period, all improvements certified as complete shall be deemed
accepted by the County and the County shall issue from the account hereby created, a check or draft
to Owner's designated payee in the amount of the invoice. If a letter of potential deficiencies is issued
which identifies a portion of the certified improvements as potentially deficient, then all improvements
not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall
issue payment as such relates to the certified improvements that are not identified as potentially
deficient in the letter.
D. 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 paragraph C above, the County
shall have (30) thirty days from the date of the letter of potential deficiencies to complete its
investigation and provide written confirmation of the deficiency to the Owner. If upon further
investigation, the County finds that the improvements are acceptable, then the appropriate payment
will be made by the County within (10) ten days after completion of such investigation. In the event
the improvements are not accepted by the County, the County, upon written findings made by the
Board of Commissioners justifying the same, shall be entitled to draw upon the account created herein
for the purpose securing payment for the completion of said improvements in conformance with the
specifications. Additionally, the County shall provide the Owner a reasonable period of time to cure
any deficiency prior to initiating the remedy provided the County in this paragraph.
IV. Enforcement
In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the
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 the enforcement of this agreement. Such
authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot
contrary to the provisions of this Agreement, or set forth on the Final Plat, or in a separate recorded
instrument. Any such action shall be commenced prior to the issuance of a building permit by the
County for such lot ; and in the event no such action is so commenced, then the County and any
purchaser shall be deemed to have waived their rights and authority herein provided.
V. Approval of Plat and Consent to Vacate
The County agrees to approval of the Final Plat subject to the terms and conditions of this
Agreement. In the event the Owner fails to comply with the terms of the Agreement, Owner agrees
that the County may vacate the Final Plat, as it pertains to undeveloped lots only. Any existing
Los Amigos
Subdivion Improvements Agreement
Page 3
developed lots or lots on whicr improvements have been properly cdTfstructed shall not be vacated,
and the Final Plat as to those lots shall remain valid. Owner shall provide a survey and complete legal
description, with a map showing the location of any portion of the plat so vacated.
VI. Issuance of Building Permits
As one remedy for breach of this agreement, the County may withhold building permits for any
structure within the Subdivision. Additionally, the parties agree that no certificate of occupancy shall
be issued for any building or structure within the Subdivision until all subdivision improvements have
been completed and are operational, as required by this agreement. Finally, the Owner herein agrees
that prior to the conveyance of any lot within the Subdivision, that it will provide to the purchaser of
that lot a signed copy of Exhibit C attached hereto, notifying the owner of the foregoing restrictions
upon issuance of building permits and certificates of occupancy.
VII. Roads
Roads within Subdivision shall be private roadways and shall be maintained and repaired by the Los
Amigos Ranch Homeowners Association, Inc. Approval of roads within Los Amigos Ranch, Filing 5,
shall not obligate the County to construct, maintain, repair, or replace such roads. All offsite road
improvements for the Los Amigos Ranch P.U.D. previously made are canceled, and the Los Amigos
Ranch P.U.D. offsite road commitments set forth in Resolution No. 96-67 shall supersede the same.
VIII. Indemnity
A. To the extent allowed by law, Owner agrees to indemnify and hold harmless the County for
claims which may arise as a result of Owner's installation of improvements pursuant to this Agreement.
However, Owner does not indemnify the County for claims made asserting the standard imposed by
the County on Owner are improper or the cause of the injury asserted.
B. The County shall be required to notify Owner within fifteen (15) days of receipt of a Notice of
Claim or Notice of Intent to Sue and shall afford Owner the option of defending any such claim or
action. Failure to notify and provide such option to Owner shall extinguish the County Rights under this
paragraph. Nothing herein stated shall be interpreted to require Owner to indemnify the County for
claims which may arise from negligent acts or omissions of the County.
IX. Recording
Upon execution and authorization by the County, the Owner shall record this agreement with the
Office of the Clerk and Recorder For Garfield County, Colorado.
X. Venue and 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
Los Amigos
Subdivion Improvements Agreement
Page 4
•
XI. Amendment this agreement may be amended from tim to time, provided that such
amendment be in writing and signed by the parties hereto.
XII. Binding Effect
This Agreement shall be a covenant running with the title to each lot within the Subdivision, and
the rights and obligations as contained herein shall be binding upon and inure to the benefit of Owner,
its successors, and assigns and shall govern the future actions of the County where applicable.
XIII. 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 Mr. Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood Springs CO 81601
Los Amigos Ranch Partnership
c/o Mr. Greg Boecker
2929 County Road 114
Glenwood Springs, CO 81601
with copy to:
Mr. Lawrence Green, Esq.
Delaney & Balcomb P.C.
P.O. Drawer 790
Glenwood Springs CO 81602
ENTERED INTO the day and year first above written
LOS AMIGOS RANCH PARTNERSHIP
BY
Los Amigos
Subdivion Improvements Agreement
Page 5
Thomas E. Neal
General and Managing Partner
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
land Ovate Ao of the
6th Princ@ot Alerdion MOM portkulofi' described < s firs:
Beginning of o point whence the northeast corner of Lot 25, Filing No. 4, Los
Amigos Ranch Subdivision No. 2, Flings No. 3 and 4, County of Garfield,
State of Colorado bears N 70'37'26" W 6.21 feet; thence
N 24'05'24- E 30712 feet; thence N 1'22'41" W 60.20 feet; thence
201.51 feet along the orc of o curve to the right, having o radius of 828.20
feet, o centro/ angle of 1J'56 27" and subtending a chord bearing
S 79'55'12" E 201.02 feet; thence S 72'56'54" E 2.82 feet; thence 95.09
feet along the orc of o curve to the right, having o radius of 490.04 feet, o
centro/ ong/e of 11'0703" and subtending o chord bearing S 672322" E
94.94 feet; thence N 13'42'27" E 25.60 feet; thence 175.42 feet along the
orc of a curve to the right, having o radius of 276.08 feet, o centro/ angle
of 36'24'21: and subtending o chord bearing N 31'54 37" E 172.49 feet;
thence N 50'06'48" E 2799 feet; thence 41.09 feet along the orc of o curve
to the right, having o radius of 41.09 feet, a centro/ ong/e of 11'2126:
and subtending o chord bearing N 55'4731" E 41.02 feet; thence
N 9'28'28" W 339.45 feet; thence 5 70'27'09" E 601.07 feet; thence N
62'1830" E 471.73 feet; thence N 86'5307' E 197.,:30 feet; thence 75.04
feet along the orc of o non -tangent curve to the left, having o radius of
209.07 feet, o centro/ ong/e of 20'33'51: and subtending a chord bearing N
8'27'18" E 74.64 Leet; thence 143.59 feet along the orc of o curve to the
left, having o radius of 514.80 feet, o central angle of 15'58'51, and
subtending o chord bearing N 9'49'03" W 143. 12 feet; thence N 1748'28" W
46.94 feet; thence N 84'58'30" E 61.50 feet; thence N 84'5836" E 388. 15
feet; thence S 8'48'17"
W 234.56 feet; thence N 59'11'54" E 470.07 feet;
thence S 53'18'44" E 154.47 feet; thence N 90'0000" E 861.81 feet
to the west line of o tract of fond described in Book 438 of Page 540 of the
Garfield County records; thence S 0'01'13" E 1469.04 feet along the west
line of sold Book 438 of Poge 540; thence S 64'15'15" W 55.12 feet; thence
S
00'01'13" E 505.32 feet to the north right-of-way line of County Rood No.
114; thence S 6749'48" W 484.86 feet along said right-of-way line; thence
N 25'44'45" W 539.32 feet along the east line of Lot .2, Resubdivision of Los
Arnigos Ranch Filing No. 1, County of Garfield, State of Colorado; thence
S 57'46'36" W 989.84 feet along to north lines of lot 1 and 2 of sold
Resubdivision of Los Amigos Ronch Filing No. 1; thence S 72'37'24" W 298.91
feet oong the north line of said Lot 1; thence S 7535'42" W 45.58 feet;
to the eost right-ofwoy line of Los Amigos Drive as dedicated on plot of Los
Amigos Ranch Subdivision No.2, Flings Nos. 3 and 4, thence along said right-
of-way line the following courses: N 9'06'52" W 52.34 feet; thence 335.00
feet along the arc of o curve to the left, having o radius of 484.23 feet, o
centro/ angle of 39'38'18" and subtending o chord bearing N 28'56'01" W
328.36 feet; thence N 48'45'10" W 76.50 feet; thence 88.84 feet along the
orc of o curve to the left, having o rodius of 680.42 feet, o centro/ angle of
72850 " and subtending o chord beoring N 5729'35. W 88.77 feet; thence
leaving sold right-of-way line on o course bearing N 36'3444" E 300. 19
feet; thence N 467751" W 468.05 feet; thence N 8+0'48:17" W 37750 feet
to said east right-of-way line of Los Amigos Drive; thence along soid right-
of-way line the following courses: N 8'36"26" W 53.36 feet; thence 337.75
feet along the orc of o curve to the left, having a radius of 486.05 feet, o
central angle of J9"48 49'; and subtending a chord bearing N 28'30"50" W
330.99 feet; thence N 46-25'157/ 34.28 feet; thence S 413327" W 59.99
feet to the northwest comer of Lot 30 Filing 4, of said Los Amigos Ranch
Subdivision No.2, Filings Nos. 3 and 4; thence S 3.3'04'2411 W 342.86 feet
a/ogn the west fine of soid Lot J0; thence N 5553'09" W 171.90 feet along
the north line of Lot 27 of said Filing 4; thence N 7037 26 " W 190.35 feet
along the north line of Lot 26 of sold Filing 4 to the point of beginning,
containing 118.797 acres more or less.
TOGETHER WITH.
A tract of fond situate in Section 5, Township 7 South, Ronge 88 West of the
6th Principal Meridian being more particularly described as follows -
EXHIBIT A
Beginning of the southeost corner of Lot 10, Amended Plot of Lot 10, Los
Amigos Ranch Subdivision No. 2, Filing No. 1, County of Garfield, Stote of
Colorado; thence N 19'0000" E 148.07 feet along the eost line of sold Lot
10 to the southerly boundary of Los Amigos Ronch Subdivision No. 2, Flings
No. 3 and 4; thence along sold southerly boundary the following courses:
N 2323'38" E 103.54 feet; thence 5 81'3800" E 410.74 feet; thence
N 20'42'44" E 158. 15 feet; thence 45.52 feet along the orc of o non-tongent
curve to the rght, having o rodius of 489.60 feet, o centro/ ong/e of
5'1936' and subtending o chord beonng 5 71'4632" E 45.50 feet; thence
278.14 feet olong the orc of o curve to the right, having a rodius of 620.42
feet, o centro/ angle of 25'41'10", and subtending o chord bearing S
61'35'45" E 275.82 feet; thence S 48'45'10" E 76.50 feet; thence 293.49
feet along the orc of o curve to the right, having o rodius of 424.23 feet, a
centro/ ong/e of 39'38'18" and subtending a chord beonng 5 28-5601" E
287.67 feet; thence 5 9'06'52" E 50.22 feet to the north right-of-way line
of Los Amigos Drive os dedicated on Plot of Los Amigos Ranch Subdivision No.2,
Filing No, 1; thence along said north right-of-way line the following courses.-
5
ourses:5 82'55'00" W 162.95 feet; thence 192.61 feet along the arc of a curve to
the right, having o rodius of 915.00 feet, o centro/ ong/e of 12'0339' and
subtending o chord bearing 5 88-56'50" W 192.25 feet,- thence N 85'01'20" W
350.73 feet; thence 252.96 feet along the orc of o curve to the right, having
o rodius of 500.01 feet, o central ong/e of 28'59'10' and subtending a
chord bearing N 70'31'45" W 250.27 feet,- thence N 56'02'10" W 64.63 feet;
thence 68.87 feet along the orc of o curve to the right, having o rodius of
195.00 feet, o centro/ angle of 20'14'11", and subtending o chord bearing N
45'5505" W 68.51 feet to the point of beginning, containing 8.390 acres moe
or less.
Said parcel contains 127. 187 acres more or less;
• EXHIBIT B (SIA)
SUBDIVISION IMPROVEMENTS AGREEMENT
LOS AMIGOS RANCH PUD, SUBDIVISION II, FILINGS 3 & 4
Percentage
Completed Remaining
and Paid Costs
A. SITE WORK
1. Earthwork 90% $2,500
2. Base Course Aggregate 0% 28,000
3. Chip -Seal 0% 16,000
4. Revegetation 0% 2,800
5. Road Signage 0% 200
B. WATER SYSTEM 100% -0-
C. SEWER LINE 100% -0-
D. OTHER UTILITIES
1. Gas Electrical & Telephone Services 100% -0-
2. Utility Installation 0% 40,000
E. LEFT TURN LANE
0% $52MQ
TOTAL COMPLETION COSTS $141,500
I hereby certify that these cost estimates reasonably reflect the actual remaining costs of completing
all the subdivision improvements in the first phase of Filings, , Subdivision II, Los Amigos Ranch PUD.
Dean Gordon,
Schmueser, Gordon Meyer
I hereby certify that each of these items has been paid for to the extent of the percentage listed.
Greg S. Boecker
Manager, Los Amigos Ranch
• •
1
1
1 NOTICE REGARDING BUILDING PERMITS
TO: All purchasers of Homesites within Los Amigos Ranch, Filing No.5, Phase 1
YOU ARE HEREBY NOTIFIED that under applicable Garfield County regulation
you may not commence construction of a residence within unincorporated Garfield County,
including the Los Amigos Ranch, Filing No. 5, Phase 1, prior to issuance of a building
permit by Garfield County.
Additionally, Garfield Countysha11 issue no Certificate of Occupancy for structures
within the Los Amigos Ranch, Filing No. 5, Phase 1 until all of the subdivision
improvements, excepting improvements related to revegetation, have been completed and
are operational in accordance with the Subdivision Improvements Agreement.
1 Los Amigos Ranch, Filing No. 5, Phase 1
A Colorado Partnership
By
Tom Neal
General Partner, Los Amigos Ranch
1
The foregoing Notice was read an understood by the undersigned Purchaser of a Homesite
within Los Amigos Ranch, Filing No. 5, Phase 1, this day of . 1997
1
1
1
1 Exhibit C
1
DECLARATION OF DEDICATION
AND DEED
This Declaration of Dedication and Deed is made this
Amigos Ranch Partnership (hereinafter "Declarant").
day of by Los
WHEREAS, Declarant is the owner of two parcels of land located within the Los Amigos
Ranch P.U.D. identified and described as "Multi -Family Open Space"on the Final Plat for Los
Amigos Ranch, Filing 5, Phase I (hereinafter "Final Plat"), filed for public record in the Office of
the Clerk and Recorder of Garfield County as Reception No. . For purposes herein, said
parcels of land shall hereinafter collectively be referred to "Multi -Family Open Space Parcels"
WHEREAS, pursuant to Resolution No. 96-34 adopted by the Board of Commissioners,
Garfield County, Colorado (hereinafter "Board") on June 17, 1996, the Open Space Parcels were
zoned for use as Open Space.
WHEREAS, pursuant to Resolution No. 96-67, the Board has required Declarant to dedicate
and convey the Multi -Family Open Space Parcels to the owners of those properties respectively
identified as Lot 1 and Lot 2, Resubdivision of Los Amigos Ranch Filing No. 1 (hereinafter
collectively "Benefitted Properties") as the same are more particularly described on the plat filed for
public record in Office of the Clerk and Recorder, Garfield County, Colorado as Reception No.
, for the use and benefit of the owners and residents of the Benefitted Properties as Open
Space.
WHEREAS, it is the intent of Declarant herein to dedicate and convey the Multi -Family
Open Space Parcels to the owners of the Benefitted Properties for Open Space purposes for the use
by the owners and residents of the Benefitted Properties.
WHEREAS, it is the intent of Declarant that the interests dedicated and conveyed herein are
expressly limited to the terms and conditions set forth herein and nothing contained herein is to be
interpreted as granting, conveying or creating any right, title in or to the Open Space, other real
property depicted on the Final Plat or contained within any other areas of the Los Amigos Ranch
P.U.D.
NOW THEREFORE, the Declarant hereby dedicates, conveys and sets over to the owners
of the Benefitted Properties, the Multi -Family Open Space Parcels subject to the following
conditions and limitations:
Deed and Dedication Page 1
1. The Multi -Family Open Space Parcels shall be used subject to the limitations and
reservations contained herein exclusively by the Owners and residents of the Benefitted
Properties for Open Space purposes and such use shall be subject to any and all zoning
restrictions established by the County, including but not limited to those restrictions set forth
in the Board Resolution No. 96-34.
2. All costs and expenses incident to maintenance and upkeep of the Multi -Family
Open Space Parcels shall be the exclusive responsibility of the owners of the Benefitted
Land.
3. The Multi -Family Open Space Parcels dedicated and conveyed hereby shall not
be resubdivided or rezoned or used other than as open space without the written consent of
Garfield County, the Declarant and the owners of the Benefitted Properties, their successors
or assigns.
4. The grant herein is subject to all easements and rights of way of record or
presently in place within the Multi -Family Open Space Parcels and/or depicted therein upon
the Final Plat and subject to the rights of the beneficiaries of such easements and rights of
way to make use thereof. This grant is further subject to, and Declarant hereby expressly
reserves for itself its successors and assigns, the right to install replace and maintain utilities
on, over, across and under in such locations to be determined in the sole discretion of
Declarant as may be reasonably necessary to provide utility services to any portion of Los
Amigos Ranch P.U.D.
It is the purpose herein that the terms and conditions hereof shall extend to and be binding
upon the Benefitted Properties as well as all other land now or hereafter included within the Los
Amigos Ranch PUD and shall be a covenant running with the lands now or hereafter included within
the Los Amigos Ranch PUD.
IN WITNESS WHEREOF, the Grantor has executed this Deed and Dedication on the date
first set forth above.
Dedication and Deed
Los Amigos Ranch
Page 2
Los Amigos Ranch Partnership
By
Tom Neal, General Partner
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing was acknowledged before me this day of , 1997, by
Tom Neal, General Partner, Los Amigos Ranch Partnership.
WITNESS my hand and official seal.
NOTARY PUBLIC
My commission expires:
Address:
Dedication and Deed
Los Amigos Ranch
Page 3
II i •
I FECOFDED AT O'CLOCK .M.?K s�Z�
_ '� FEB 1 5 1991
FEC A 421'= MILDRED ALSDOPF. COUNTY CLERK
`3�+� GARFIELD COUNTY. COLORADO
1
AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT,
GARFIELD COUNTY, COLORADO
1
1
1
1
1
1
1
1
1
1
1
THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT,
GARFIELD COUNTY, COLORADO (Declaration) is made and declared this
3 p th day of Noverrb e r 199 0 , by LOS AMIGOS RANCH
PARTNERSHIP, a Colorado general partnership (Declarant).
RECITALS:
A. Declarant is the owner of certain real property situate
in Garfield County, Colorado, described on Exhibit A attached
hereto and incorporated herein, known as Los Amigos Ranch Planned
Unit Development Subdivision II and referred to in this Declaration
as the "Properties."
B. Declarant has previously recorded that certain Master
Declaration of Protective Covenants for the Residential Areas of
Los Amigos Ranch Planned Unit Development on March 5, 1980 in Book
544, Page 733 of the Garfield County Clerk and Recorder's records
as Reception No. 302114, including all amendments and supplements
thereafter (Master Declaration).
C. Declarant desires to amend and restate the Master
Declaration and to develop and improve the Properties and subject
the same to the covenants, conditions and restrictions set forth
below.
NOW, THEREFORE, Declarant hereby makes the following
declaration of covenants, conditions and restrictions:
ARTICLE I
DEFINITIONS
1.1. "Architectural Control Committee" shall mean and refer to
the Architectural Control Committee referred to in Section 4.7 of
this Declaration.
1.2. "Articles" shall mean and refer to the Articles of
Incorporation of Los Amigos Ranch Homeowners Association, Inc., a
Colorado non-profit corporation.
1.3. "Association" shall mean and refer to Los Amigos Ranch
Homeowners Association, Inc., a Colorado non-profit corporation.
1.4. "Board" shall mean and refer to the Board of Directors of
the Association.
1.5. "Buildings" shall mean and refer to that or those
structures situate upon a Lot containing the Dwelling Unit(s) or
living quarter(s) of the occupants, and shall exclude any secondary
or detached buildings or structures such as storage buildings or
Improvements.
1.6. "Bylaws" shall mean and refer to the Bylaws of the
Association.
1.7. "Common Area" shall mean and refer to all property,
including any Improvements thereto, but excluding Lots, as shown or
designated on the recorded Plat of the Properties, including area
designated as "Open Space" that is conveyed to the Association.
1.8. "Declarant" shall mean and refer to Los Amigos Ranch
Partnership, a Colorado general partnership, and its successors in
• 110
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1
1 interest to the rights, duties and obligations of Declarant
pursuant to this Declaration (including supplemental or amended
declarations), the Articles, or Bylaws.
I
1.9. "Declaration" shall mean and refer to this Amended and
Restated Declaration of Covenants, Conditions and Restrictions.
1.10. "Dwelling Unit" shall mean and refer to a Building, or
space within a Building designed and intended for the occupancy of
one family.
1.11. "Improvements" shall mean and refer to any and all
t buildings, parking areas and facilities, fences, retaining walls,
gradings, media reception or transmission dishes and antenna,
plantings, trees, shrubs and other structures or landscaping of
every type and kind situate on the Properties.
11
1.12. "Lot" shall mean and refer to that part of the Properties
designated on a Plat for fee simple ownership by an Owner or Owners
and shall, by definition, exclude Common Area.
I
1.13. "Member" shall mean and refer to a person or entity who
is a member of the Association.
1.14. "Mortgage" shall mean any document or instrument intended
II to create a secured interest in land, and shall include deeds of
trust.
1.15. "Mortgagee" shall mean and refer to any person or entity
1 who is the holder or beneficiary of a Mortgage or Deed of Trust.
1.16. "Multi -Family Lot" shall mean and refer to any Lot shown
upon a Plat for the use and occupancy by more than one family and
II shall include, but not be limited to, apartments, condominiums and
townhomes.
1.17. "Owner" shall mean and refer to the record owner, whether
one or more persons or entities, of fee simple title to any Lot,
I
including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
1.18. "Properties" shall mean and refer to all of the real
1 estate described on Exhibit A attached hereto and incorporated
herein by this reference, and all other real estate annexed to the
Properties pursuant to Article VI hereof.
1.19. "Plat" shall mean and refer to the official Plat or Plats
of the Properties approved by the Board of County Commissioners of
Garfield County appearing of record in the Garfield County Clerk
and Recorder's office, including any amendments, supplements or
annexations thereto.
II1.20. "Rural Residential Lot" shall mean and refer to any Lot
shown on a Plat as a rural residential Lot.
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• 1.21. "Single -Family Lot" shall mean and refer to any Lot shown
on a Plat as a residential single-family Lot.
1.22. "Supplemental Declaration" shall mean and refer to any
I
subsequent declaration of covenants, conditions and restrictions
executed and recorded by Declarant affecting the Properties,
including any annexation thereto, pursuant to authority in this
Declaration.
1.23. "Temporary Structures" shall mean and refer to any
structure placed on a Lot that has not been approved by the
Architectural Control Committee as a permanent Building or
Improvement, including, without limitation, trailers, huts, shacks,
• BnOK 799 M8 5'7
sheds and tents, but excluding the use of recreational tents for
reasonable periods of time.
ARTICLE II
GENERAL DECLARATION
2.1. Intent. By making this Declaration, Declarant
specifically intends to enhance, perfect and preserve the value,
desirability and attractiveness of the Properties as a planned unit
development in a manner mutually beneficial to Declarant, the
Owners, members of the Owner's family, tenants, invitees, guests
and others who own, use, occupy or enjoy the Properties.
2.2. Estate Subject to Declaration. By this Declaration,
Declarant expressly intends and does hereby subject the Properties
to the provisions of this Declaration. All easements,
restrictions, conditions, covenants, reservations, liens, charges,
rights, benefits, and privileges which are granted, created,
reserved or declared by this Declaration shall be deemed to be
covenants appurtenant, running with the land and shall at all times
inure to the benefit of and be binding upon any person or entity
having at any time any interest or estate in the Properties, and
their respective heirs, successors, representatives or assigns.
Reference in any deed of conveyance, lease, mortgage, deed of
trust, other evidence of obligation or any other instrument to the
provisions of this Declaration shall be sufficient to create and
reserve all of the easements, restrictions, conditions, covenants,
reservations, liens, charges, rights, benefits and privileges which
are granted, created, reserved or declared herein as though fully
and completely set forth in their entirety in any such document.
2.3. Supplemental Declaration. Declarant reserves the power
to make and declare Supplemental Declarations applicable to any
class of Lot (Single -Family Lot, Multi -Family Lot or Rural
Residential Lot), the Common Area, or any real estate which
Declarant subsequently annexes pursuant to Article VI of this
Declaration. A Supplemental Declaration may define and describe
additional or different land classifications other than the land
classifications set forth in this Declaration and may set forth
additional or different covenants, conditions and restrictions
applicable to the real estate subject to the Supplemental
Declaration. In the event of a conflict or inconsistency between
the Supplemental Declaration and this Declaration, or any
previously recorded Supplemental Declarations, the terms of the
Supplemental Declaration shall govern the real estate made subject
thereto. In all cases where there are overlapping provisions, the
more restrictive shall apply.
2.4. Owners' Rights to Common Area. Subject to the
limitations contained in this Declaration, each Owner shall have a
non-exclusive right and easement with ingress and egress over,
across and upon the Common Area for the purpose of using and
enjoying the same, getting to and from his Lot, parking area, and
public ways for pedestrian and vehicular traffic, which right and
easement shall be appurtenant to, and pass with the transfer of
title to each Owner's Lot. Any Owner may delegate his right of
enjoyment to the Common Area and facilities to the occupants of his
Lot, or guests or invitees. The Owner's non-exclusive right to the
use of the Common Area shall be subject to the following:
A. The covenants, conditions, restrictions, easements,
reservations, rights-of-way, designations, classifications,
and all other provisions contained in this Declaration or as
are set forth in a Plat;
B. The right of the Association to limit the number of
guests or invitees of each Owner which may use any of the
amenities on the Common Area; and
3
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C. The right of the Association to adopt, from time to
time, rules and regulations regarding the use of the Common
Area and any facilities located thereon as the Association may
determine is necessary or prudent.
ARTICLE III
RESTRICTIONS ON USE
3.1. Building Restrictions.
A. No Building, Improvement, or Temporary Structure
shall be erected, constructed, installed, placed or permitted
on any Lot or the Common Area except for purposes and uses
consistent with the terms of this Declaration, any
Supplemental Declarations, the Plat, and the Articles and
Bylaws of the Association and any rules and regulations
established by the Association or the Architectural Control
Committee. No Building, Improvement, or Temporary Structure
shall be erected, constructed, installed, placed or permitted
on any Lot without first obtaining the approval of the
Architectural Control Committee pursuant to Section 4.7 of
this Declaration.
B. Only new construction shall be permitted within the
Properties such that no Building or Improvement shall be moved
upon the Properties. Further, no Temporary Structure of any
type whatsoever shall be used at any time as a residence,
either temporary or permanent. No mobile homes, trailer homes
or other movable structures shall be permitted on the
Properties as dwellings. Temporary Structures may be allowed
on the Properties for the purpose of conducting construction
activities.
C. No Building or other Improvement shall be erected,
constructed, placed or permitted upon any Lot or the Common
Area except of a design, size and configuration approved by
the Architectural Control Committee, located within the
designated building envelope observing all setbacks, and not
encroaching upon any dedicated or established easement or
right-of-way, according to the Plat, this Declaration, any
Supplemental Declaration, the Articles and Bylaws of the
Association or applicable governmental authority.
3.2. Preservation of Appearance. It is the specific and
underlying intent of Declarant to preserve and protect the visual
appearance and natural attractiveness of the Properties.
Accordingly, no Building or Improvement upon the Properties shall
be removed, changed, replaced or modified, whether by repair,
maintenance or restoration, in such a manner so as to alter such
Building or Improvement's visual appearance as approved by the
Architectural Control Committee without first obtaining approval of
the Architectural Control Committee. By way of example, unless
Architectural Control Committee approval is obtained, no exterior
color shall be changed, no Building, Improvement or landscaping
shall be moved or removed, and no land contour or drainage shall be
altered.
3.3. Maintenance of Lots, Improvements and Common Area.
A. The Owners shall keep, maintain and repair the
Buildings and other Improvements on their Lots in an
attractive. and well maintained condition, free from visual
deterioration. In the event the Owners fail to maintain or
repair the Buildings or other Improvements on their Lots in
accordance herewith, the Association, upon fourteen (14) days'
notice, may conduct such maintenance and repairs and assess
the cost thereof to the Owner on whose Lot such maintenance or
repairs were conducted as a reimbursement assessment pursuant
to Section 5.4.
4
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B. The Owners shall neither do any act or suffer any
IIaction by their family members, tenants, guests or invitees
w
which shall cause damage or deterioration to the land or
Improvements upon any Lot or the Common Area.
II C. No Owner's garbage, rubbish or trash shall be
allowed to accumulate on any Lot or the Common Area. Trash
containers shall be of a type and design acceptable to the
Architectural Control Committee, and shall be located on each
II
Lot in a place acceptable to the Architectural Control
Committee.
3.4. Commercial Activities. The Lots, Buildings, Improvements
and the Common Area may not be used for commercial purposes of any
II type whatsoever excepting for home occupations. For purposes of
this Section, "home occupations" shall mean an occupation by the
resident conducted totally within the residential building which
does not entail the employment of third persons on the premises and
(II
does not entail the delivery of goods or services to customers upon
the premises. For example, but not by limitation, an insurance
agent may use his residence as a personal office so long as
customers are not permitted to come to the residence; however, the
II establishment of a barber shop or a beauty shop would be
prohibited. This restriction shall not apply to businesses or
commercial activities occurring on those portions of Los Amigos
Ranch Planned Unit Development Zoning District Map designated
therefor, nor shall this restriction limit Declarant in the
II marketing of the Properties, including the use of sales offices,
model homes or temporary construction offices.
3.5. Offensive Activities. No noxious or offensive activity
II of any type whatsoever shall be carried on within or upon any Lot
or the Common Area that shall become an annoyance or nuisance to
the occupants of other Buildings. Owners, tenants, occupants or
their guests shall exercise reasonable care to avoid making or
II
permitting to be made loud, disturbing or objectionable noises, and
in using or playing or permitting to be used or played musical
instruments, radios, phonographs, television sets, amplifiers and
any other instruments or devices in such a manner as may disturb or
II tend to disturb Owners, tenants or occupants of other Buildings.
3.6. Hazardous Activities. No activities shall be conducted
on the Properties which are or might be unsafe or hazardous to any
person or property. Without limiting the generality of the
II foregoing, no firearm shall be discharged upon any of the
Properties and, no open fire shall be lighted or permitted on any
of the Properties except in a contained barbecue unit, a safe and
well-designed interior fireplace, campfires or picnic fires in
II
portions of the Common Area designated for such use by Declarant or
the Association or such controlled and attended fires required for
clearing or maintenance of land, as approved the Architectural
Control Committee. No explosive may be discharged on the
Properties except in connection with construction activities as
I
specifically approved by the Architectural Control Committee. No
flammable, toxic or hazardous materials shall be allowed on any
Lot, except of the kind and in the amount customarily incident to
residential maintenance. Operation of snowmobiles, off-road
II vehicles, motorcycles, or any other motor vehicles anywhere other
than on designated driveways or roads in a legal manner is
prohibited except to the extent allowed by rules and regulations
promulgated by the Association.
II --.
3.7. No unsightliness. No unsightliness shall be permitted on
the Properties. Without limiting the generality of the foregoing:
(a) All unsightly structures, facilities, equipment, objects and
conditions shall be enclosed within a structure approved by the
II Architectural Control Committee (hereinafter "approved structure")
or appropriately screened from the view of other Lot occupants and
traffic on public or common streets (hereinafter "screened from
1 • •
1
view"); (b) Trailers, mobile homes, trucks other than pickups,
II heavy equipment, boats, tractors, campers not on a truck,
unlicensed cars or trucks, snow cats, skidoos, snow removal
equipment and garden or maintenance equipment shall be kept at all
times, except when in actual use, in an approved structure or
I
screened from view; (c) Trash cans, garbage and trash shall be kept
at all times in a covered, noiseless container and any such
container shall be kept within an approved structure or screened
from view; (d) vehicular repairs, service areas, storage piles,
II
compost piles and facilities for hanging, drying or airing clothing
or household fabrics shall be appropriately screened from view; (e)
pipes for water, gas, sewer, drainage or other purposes and wires,
poles, antenna and other facilities for the transmission or
reception of audio or visual signals or electricity, and utility
I
meters or other utility facilities and individual sewage disposal
systems or devices shall be kept and maintained within an approved
structure, below the surface of the ground, or screened from view;
and (f) no lumber, grass, shrub or tree clippings or plant waste,
II metals, bulk materials, scrap, refuse, or trash shall be kept,
stored or allowed to accumulate on any Lot. Notwithstanding the
foregoing, if at the time of the occupancy of any Building,
connections to a nearby underground electricity line or telephone
II line are not available, then temporary poles or wires for
electricity or telephone service may be installed to a reasonably
necessary height provided that they shall be promptly removed at
the expense of the Owner after the availability of connections to
1 +. nearby underground lines or cables.
3.8. Restrictions on Animals. Pets shall be permitted,
provided they are limited to a reasonable number; are kept, bred or
raised solely as household pets for private use and not for
II
commercial purposes; are not permitted on the Common Area
unaccompanied; and pet droppings are not left on the Common Area.
Any pet which shall be a nuisance or annoyance to any Owner or
wildlife shall be prohibited. The Board shall determine whether
II
the number of pets are reasonable or whether any animal or pet
shall be a nuisance to any other Owner or wildlife. In such event,
the Board may require any pet owner to control such pet in a manner
so as to not be a nuisance, or require the removal of such pet from
II
the Properties. Horses may be kept or used on such portions of the
Common Area, roads or other public rights-of-way or easements as
may be designated for such use by Declarant or the Association.
The Association may by rule or regulation limit the number of
horses to a reasonable number as to any Rural Residential Lot or as
II
to any facilities designated for the keeping of horses. Further,
the Association or Declarant may set aside, reserve or designate
facilities for the keeping of horses on any part of the Properties,
including the Common Area, such as corrals or paddocks, or other
II
facilities. Horses may not be kept on any Single -Family or Multi -
Family Lot.
3.9. Parking.
IIA. The Buildings and Improvements on Lots shall be
constructed so as to provide sufficient off-street garaged
parking to accommodate not less than two (2) vehicles per
Dwelling Unit. All driveways shall be composed of asphalt,
II concrete or other suitable surface as approved by the
Architectural Control Committee.
B. Declarant, and the Association with the approval of
I
Declarant,--reserve the right to specifically designate
portions of the Common Area, or other portions of the
Properties, for the parking of recreational vehicles. In such
event, all recreational vehicles shall be restricted to areas
II-
designated for parking and storage. In the absence of such
designation, the Architectural Control Committee may impose
restrictions on the location of recreational vehicles upon any
Lot as well as aesthetic screening therefor.
• Booz 799 P.cE 5
C. No Owner, occupant, tenant, guest or invitee shall
block, hinder or impede the free flow of vehicular and
pedestrian traffic upon public or common roads or in or about
the Common Area, including, but not limited to, public rights-
of-way or easements. No Owner shall keep or store any
vehicles on the Common Area or public or common roads, except
as specifically designated pursuant to Paragraph 3.9.B.
D. The Association may enforce parking restrictions
provided in this Declaration by the removal of any Owner's,
Owner's family member's, tenant's, guest's or invitee's
vehicle, including recreational vehicles, or personal property
parked or stored in violation hereof, including the imposition
of a fine for such violation. Each Owner shall be personally
liable and responsible for any fine imposed by the Association
and the cost for the removal of any vehicle or personal
property parked or stored in violation hereof by such Owner's
family members, tenants, guests or invitees.
3.10. Landscaping. No Owner, including such Owner's family
members, tenants, guests and invitees, shall remove, alter, injure
or interfere in any way whatsoever with any tree, shrub or other
landscaping or Improvement, whether occurring naturally or placed
upon the Properties, except upon approval of the Architectural
Control Committee. The preservation and utilization of natural
vegetation in the landscaping of Lots is encouraged.
3.11. Signs. No signs of any type shall be displayed in public
view on any Lot except such notification, directory or advisory
signs as may be required by legal proceedings or one (1) sign of
not more than six (6) square feet advertising such Lot for sale,
resale or rent. In all instances, signs shall be subject to, the
approval of the Architectural Control Committee.
3.12. Fences. No fences (including plantings such as hedges or
trees which would be in the nature of a fence) shall be placed on
the Properties except for such fences as may be installed by
Declarant, the Association or with approval of the Architectural
Control Committee. Fences on Lots shall be confined to the
building envelope and shall not define boundary lines. All fences
not immediately adjacent to Buildings shall be limited to a height
of forty-two (42) inches to allow deer passage.
3.13. Subdivision/Split of Lots. No Lot shall be physically
divided, subdivided, partitioned, or split in two (2) or more
parcels, nor shall a fractional portion thereof be sold or conveyed
provided, however, Multi -Family Lots may be divided into separate
ownership estates such as townhomes or condominiums, and thereafter
sold and conveyed as such, provided approval therefor is first
obtained from Garfield County Board of County Commissioners and the
Architectural Control Committee.
3.14. Combining Parcels. Two (2) or more Lots may be combined
and developed as a single parcel so long as approval thereof is
first obtained from applicable governmental authority and the
Architectural Control Committee, which approval may be conditioned
upon the Owner who seeks to combine such Lots providing to the
Architectural Control Committee a surveyed map or plat of the
combined Lots showing the location of all easements, rights-of-way,
setback lines and building envelopes in addition to any other
information the -Architectural Control Committee may require. The
combining of parcels shall not relieve the Owner thereof from the
payment of tap fees with respect to all Lots so combined. Once
combined, Lots cannot subsequently be resubdivided or divided
without approval of applicable governmental authority and the
Architectural Control Committee.
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3.15. Individual Septic Systems. Individual septic systems
shall only be allowed in areas not served by central sewage
collection, and only after approval by the Architectural Control
Committee and any governmental authority having jurisdiction
thereover.
3.16. Irrigation Restrictions. Single -Family and Multi -Family
Lots shall not irrigate more than 6,500 square feet of land.
3.17. Lighting. No light shall be emitted from any Lot which
is unreasonably bright or causes unreasonable glare. All exterior
lights and light standards and the orientation thereof shall be
approved by the Architectural Control Committee. No type of high
intensity discharge lights shall be permitted on any Lot.
3.18. Restrictions on Tanks. No elevated tanks of any kind
shall be erected, placed or permitted on any Lot or Common Area,
except upon approval by the Architectural Control Committee. All
tanks utilized for storage of any material shall be buried, or if
located above -ground, shall be enclosed within an approved
structure or screened from view as determined by the Architectural
Control Committee.
3.19. General Restrictions Applicable to Lot Classifications.
A. Single -Family Lots. Each Single -Family Lot shall be
used exclusively for residential living purposes and such
purposes as are customarily incident thereto. Unless allowed
by the Plat or Supplemental Declaration, no Single -Family Lot
shall have any Building or other Improvement constructed
thereon to accommodate any more than one (1) family, together
with its servants and occasional guests, and to accommodate
such other activities as are customarily incident to a single-
family residence. Although guest or servant facilities or
quarters may be permitted on a Single -Family Lot, they shall
not be detached from the Building on the Lot, and in no event
shall they exceed 500 square feet in size inclusive of kitchen
and bath functions. All Improvements that are detached or
separated from the Building shall be constructed in a compact
area adjacent to the Building. The Building shall have a
minimum size of 1,200 square feet, exclusive of garages,
porches and patios. No Building or other Improvement shall
exceed in height that maximum height designated on the Los
Amigos Ranch Planned Unit Development Zoning District Map, or
as may be further restricted by Supplemental Declaration. All
above -ground Buildings and Improvements, except landscaping
and necessary crossings for access driveways, bridges or
paths, shall be contained within the boundaries of the
building envelope designated for such Lot. All Single -Family
Lots shall be required to connect to the central water system
servicing the Properties at such time as central water system
facilities are available for connection, and all water service
for Single -Family Lots shall be provided from the central
water system. No private wells will be permitted on Single -
Family Lots. Individual septic systems shall only be
permitted on Single -Family Lots not serviced by a central
sewer system and they shall comply with the Association's
rules and regulations and applicable government regulations.
B. Rural Residential Lot. Rural Residential Lots shall
be subject to such additional or different covenants,
conditions''and restrictions as are set forth in Supplemental
Declarations.
C. Multi -Family Lots. Multi -Family Lots shall be used
exclusively for residential living purposes and such purposes
as are customarily incident thereto. Unless otherwise
specified on the Plat, or in a Supplemental Declaration, no
Multi -Family Lot may be improved with Buildings containing
8
• b07K 799 NCE 56
more than the number of Dwelling Units described for such Lot
by the Plat or in a Supplemental Declaration. Each Dwelling
Unit within the Building(s) shall be designed to accommodate
no more than one (1) family and its servants and occasional
guests. No structures or above -ground Improvements shall be
permitted on any Multi -Family Lot which are detached or
separated from the Building(s) containing Dwelling Units
unless located within a reasonably compact area adjacent to
the Building(s) and unless designed as a single visual
element, connected or related visually with the Building(s) by
approved architectural features. Each Dwelling Unit within a
Building shall have a minimum floor area, exclusive of
garages, porches, patios and accessory structures, as
specified on the Plat or in a Supplemental Declaration. No
Building or Improvement on a Multi -Family Lot shall exceed the
maximum height specified in the Los Amigos Ranch Planned Unit
Development Zoning District Map, or as may be further
restricted by Supplemental Declaration. All above -ground
Improvements, except landscaping and necessary crossings for
access driveways, bridges or paths, shall be contained within
the boundaries of the building envelope designated for such
Lot. All Multi -Family Lots shall be required to connect to
the central water system and central sewer system servicing
the Properties. No private well or sewage disposal system
will be permitted on Multi -Family Lots.
D. Common Area. The Common Area shall be kept
exclusively as a scenic and as a natural forested or natural
open area, except as may be stated or provided in the Plat or
Supplemental Declarations affecting the Common Area, provided,
however, either Declarant or the Association may improve the
Common Area for recreational or leisure activities for the
benefit of the Owners, their family members and guests and
invitees, or for the purpose of installing below -surface
utilities reasonable or necessary to provide or improve access
or service to the Properties or to other property in the Los
Amigos Ranch Planned Unit Development. As is more fully set
forth in Article IV hereof, the Association shall have the
authority to limit or restrict the use of any or all portions
of the Common Area to certain uses, certain persons and
classes of persons and to prescribe rules and regulations with
respect thereto and to charge fees in connection with the use
thereof.
3.20. Miscellaneous.
A. No Lot shall be used in any manner whatsoever to
explore for or to remove any water, oil, gas or other
hydrocarbons or minerals of any type whatsoever, including,
but not limited to, gravel, coal, earth, earth substances or
radioactive or fissionable materials.
B. No Owner shall alter, change or relocate any
facility for permanent utility .service without the prior
written consent of the applicable governmental authority or
utility company and the Architectural Control Committee.
C. No dish or antenna for transmission or reception of
television signals or any other form of electromagnetic
radiation shall be erected, used or maintained out of doors,
except as shall be permitted by the Architectural Control
Committee. --
3.21. Declarant's Exemption. Nothing contained in this
Declaration shall be construed to prevent the construction or
maintenance by Declarant, or its duly authorized agent, of any
Improvement, structure or sign necessary or convenient to the
construction of Buildings and Improvements upon the Properties or
other property in the Los Amigos Ranch Planned Unit Development or
9
' • •
3U.'K 799 ? E 5`7
1 the sale, promotion, operation or disposition of the Lots or
Improvements situate within the Properties or other property in Los
Amigos Ranch Planned Unit Development. Without limitation on the
foregoing, nothing contained in this Declaration shall limit the
right of Declarant to complete construction of Buildings and other
II
Improvements in the additional phases or stages of development of
the Los Amigos Ranch Planned Unit Development undertaken by
Declarant. Declarant shall further be exempt from any restrictions
set forth in this Declaration limiting the right to storage and
I
handling of the materials, supplies and equipment; the operation of
construction vehicles, equipment and machinery; the employment of
construction personnel; or the erection, keeping and maintaining of
such structures, displays, signage or other Improvements that
Declarant deems to be reasonable or necessary to the process of
II development, including the completion of construction and
disposition of completed Lots and Buildings by sale, lease or
otherwise. During the course of any construction undertaken by
Declarant, Declarant shall have the right of reasonable easements
1 for the ingress and egress of all machinery, equipment and
personnel and for the storage and handling of the materials,
supplies and equipment, which right of ingress and egress shall
extend to utility companies.
ARTICLE IV
THE ASSOCIATION
II4.1. General Purpose. The Association shall be a non-profit
corporation organized under the laws of the State of Colorado. The
Association is organized for the purpose of being and constituting
the entity for the furtherance of the mutual interests of the
Owners of the Properties including the exercise of all rights and
II privileges and the performance of all duties and obligations
express or implied in this Declaration, Supplemental Declarations,
the Articles and Bylaws. The Association shall be governed by its
Board, which shall exercise the rights and powers as set forth in
II the Association's Articles and Bylaws.
4.2. Membership. By accepting a deed to a Lot, each Owner
shall be a Member of the Association. Membership shall be
II appurtenant to and may not be separate from ownership of any Lot.
Membership in the Association shall automatically transfer along
with the transfer of title to any Lot.
4.3. Voting Rights. The Association shall have two (2)
II
classes of voting membership. Class A Members shall be all Owners,
excluding Declarant, who shall be entitled to one (1) vote for each
Lot owned, except for Multi -Family Lots which shall have three (3)
votes for each Lot owned. Class B membership shall be held solely
1 and exclusively by Declarant, which shall be entitled to three (3)
votes for each Single -Family and Rural Residential Lot and nine (9)
votes for each Multi -Family Lot either owned or planned for
development within Los Amigos Ranch Planned Unit Development,
II
specifically including those Lots planned for property described in
Exhibits A and B attached hereto, but excluding that part of the
Los Amigos Ranch Planned Unit Development known as Subdivision I.
Class B membership shall cease and be converted to Class A
membership whenever the total votes outstanding in Class A
1 membership equal the total votes outstanding in Class B membership.
When more than one (1) person or entity holds an interest in any
Lot, all persons and entities shall be Members, provided that in no
event shall the number of votes cast by the Members exceed the
II number of votes allocated per Lot previously set forth. Declarant
may cast all Class B votes held by it, irrespective as to whether
or not Lots subject to Class B membership have been finally platted
or not.
1
1
4.4. Delegation of Duties. The rights, privileges,
obligations and duties of the Association may be transferred,
assigned, delegated, or contracted to any person or entity,
10
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1
1
1
1
1
1
1
1
1
1
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1
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• • eUUK ?99 Ptq 5S
including the engaging of services of a professional manager or
managing agent, provided:
A. No transfer, assignment, delegation, or contractual
arrangement shall modify the rights and privileges or relieve
the Association from the obligations and duties set forth in
this Declaration;
B. No transfer, assignment or delegation shall revoke
or change any of the rights or obligations of the Owners as
are set forth in this Declaration; and
C. Any agreement for professional management or any
other contract providing for other services of the Association
shall be in writing, not exceed three (3) years, and provide
for the termination by either party without cause and without
payment of a termination fee on ninety (90) days or less
written notice.
4.5. Limitation Upon Liability.
A. Indemnification of Officers and Directors. Neither
the Association, any member of the Board, any officer of the
Association nor any agent or employee of the Association,
shall be liable to any Owner or other person or entity for any
action or for any failure to act with respect to any matter if
the action taken or failure to act was in good faith and
without willful or intentional misconduct. The Association
shall indemnify and hold harmless any member of the Board, any
officer of the Association or any agent or employee of the
Association from any and all reasonable costs, damages,
charges, liabilities, obligations, fines, penalties, claims,
demands, or judgments and any and all expenses, including,
without limitation, attorneys' fees, incurred in the defense
or settlement of any action arising out of or claimed on
account of any act, omission, error or negligence of such
person or of the Association, the Board, or any committee of
the Association, provided that such person has acted in good
faith and without willful or .intentional misconduct.
B. Limitation Upon Liability of Association.
Notwithstanding the duty of the Association to maintain and
repair parts of the Properties, the Association shall not be
liable for injury or damage, other than the normal costs of
the maintenance and repair, caused by any latent condition of
the Properties or by the conduct of other Owners or persons or
by casualties for which insurance pursuant to this Declaration
is not required, or for which insurance is not provided by the
Association.
4.6. Insurance. The Association shall be required and
empowered to obtain and maintain the following insurance so far as
such insurance coverage is practicably obtainable:
A. Insurance for the Common Area and all personal
property owned by the Association providing coverage against
loss or damage by irrigation, debris removal, cost of
demolition, vandalism, malicious mischief, windstorm, water
damage, fire and all other casualty as covered under standard
coverage provisions for the full insurable replacement cost of
the damaged property. Insurance coverage shall also include
protection ---for electrical pumps and associated electrical
wiring used to service and maintain any irrigation systems.
B. Comprehensive public liability insurance in a
minimum, amount of $1,000,000 bodily injury per occurrence,
$500,000 for each accident, and statutory workmen's
compensation coverage upon employees.
11
1J P_E 59
C. Such other insurance as the Association considers
prudent.
4.7. Architectural Control Committee.
A. The Architectural Control Committee shall consist of
three (3) persons to be appointed by the majority of the
Board. The method and manner of the Architectural Control
Committee's appointment, replacement and removal, as well as
method of operation, to the extent not provided herein, shall
be as set forth in the Articles and Bylaws of the Association.
B. No Building, Improvement or Temporary Structure
shall be installed, erected, constructed, placed or permitted
or altered within the Properties except upon the prior written
consent and approval of the Architectural Control Committee.
C. To secure approval of the Architectural Control
Committee, an application for approval shall be submitted to
the Architectural Control Committee for its review and final
approval, such application to include reasonable fees as are
established from time to time by the Architectural Control
Committee to defray the costs of its review and duplicate
copies of plans and specifications relating to any Building or
Improvement. Plans and specifications shall contain, without
limitation, the plot plans and sectional plans showing layout,
including flow and manner of surface drainage, finish and
natural grade elevations; floor plans showing overall
dimensions; roof plans showing pitch, roof materials, and
color; exterior elevations showing doors, windows and exterior
materials and colors; a perspective sketch if requested; and
other details requested by the Architectural Control Committee
to explain any feature or component of the Building or
Improvement. Staked corners for the proposed Building,
Improvement, Temporary Structure or excavation and an on-site
inspection may be required by the Architectural Control
Committee. Applications for Temporary Structures shall
specify the size, color, design, purpose and time of
existence.
D. The Architectural Control Committee shall consider
the aesthetic and functional design of any Building or
Improvement as to the quality of workmanship and materials,
harmony of exterior design with existing Buildings or
Improvements, location with respect to topography and finished
grade elevation, and the preservation and enhancement of the
value and the visual appearance of existing Buildings or
Improvements. The Architectural Control Committee shall be
empowered to develop, promulgate, establish, amend and enforce
aesthetic and functional design criteria, guidelines or
standards and procedures for approval. Without limitation on
the foregoing, reflective surfaces and bright colors shall be
discouraged.
E. The Architectural Control Committee shall approve or
disapprove all written plans within sixty (60) days after
submission. In the event the Architectural Control Committee
fails to take any action within such sixty (60) day period,
the proposed Building or Improvement shall be deemed approved.
The majority of vote of the Architectural Control Committee
shall be required for the approval or disapproval of any
proposed Building or Improvement.
F. The Architectural Control Committee shall not be
liable for damage to any person submitting requests for
approval or to any Owner within the Property by reason of any
action, failure to act, approval, disapproval, or failure to
approve or disapprove with regard to such request. The
actions of the Architectural Control Committee shall be deemed
12
• b0 799 P'r.c 60
conclusively binding upon the Owners. In any dispute between
the Architectural Control Committee and any Lot Owner, the
prevailing party shall be entitled to reasonable attorneys'
fees and costs.
G. In the event any repair, modification, new
construction or installation of any Building or other
Improvement, for which the Architectural Control Committee has
given its approval, is not commenced within one (1) year from
the date of such approval, then such approval shall be deemed
to have been not given in the first instance unless the
Architectural Control Committee extends such one-year period
of time for such additional period or periods as the
Architectural Control Committee deems reasonable under the
circumstances, but in no event for any period of time
exceeding two (2) years from the date approval is first given.
Once commenced, any repair, modification, new construction or
installation with respect to any Building or other Improvement
must be diligently prosecuted until substantial completion.
H. The Architectural Control Committee shall be
entitled to require construction deposits both to assure
construction is completed in 'compliance with the approval
given and to assure against damage to public roads and rights-
of-way or Common Area. The Architectural Control Committee,
at its discretion, may cause the restoration and repair of
public roads and rights-of-way or Common Area, clean-up of the
construction site, effect dust control measures, or remove or
modify unauthorized construction and deduct the costs for said
work from the construction deposit. The Association may
charge any cost deficiency to the Owner.
4.8. Additional Rights and Duties of the Association. In
addition to any other right, privilege, duty or obligation set
forth in this Declaration, Supplemental Declarations, Articles or
Bylaws, the Association shall have, without limitation upon any
other express or implied powers, the following additional rights
and duties:
A. Enforcement of Declaration. Without being obligated
to do so, the Association may enforce any term, provision,
duty, obligation, covenant, condition or restriction set forth
in this Declaration against any Owner or Member. In any
enforcement action by the Association against any Owner or
Member, the prevailing party shall be entitled to all costs
associated with said enforcement action, including reasonable
attorneys' fees.
B. Common Area Maintenance. The Association shall
maintain the Common Area, together with all Improvements and
landscaping situate thereon, in a neat, clean and well-
maintained condition. Such maintenance shall include
easements, rights-of-way, methods of ingress and egress,
utilities, roads, walks and drives. By approval of the
Members, the Association may undertake capital improvements
with respect to the Common Area.
C. Road and Easement Maintenance. To the extent not
provided by applicable governmental authority, the Association
may provide for the care, operation, management, maintenance,
repair and replacement of any or all public and private roads.
In additioi. the Association may maintain all easements and
rights-of-way situate upon the Properties, including
vehicular, pedestrian, equestrian and utility easements and
rights-of-way. Maintenance may include removal of snow or
other debris.
D. Provision of Utility Services. To the extent not
otherwise provided by public or private utilities or special
13
1 •
bn0!(. 799 P E 61
1
II districts, the Association may provide for garbage and trash
removal and utility services to the Lots and the Common Area,
including, but not limited to, irrigation and potable water,
and sewer or septic service. The Association may obligate
itself to pay a reasonable share of the costs and expenses of
II
any system benefiting the Properties in the nature of an area -
wide television booster, translator or cable system.
E. Rule -Making and Violator Sanctions. The Association
II shall have the power to adopt and enforce rules and
regulations pertaining to any and all real and personal
property and other facilities of the Association, specifically
including the Common Area, to assure the fullest enjoyment and
use by the persons authorized to enjoy and use the same. The
II Association may provide for sanctions for the violation of
such rules and regulations by fines and penalties, including
the expulsion or exclusion of violators from the enjoyment of
all real and personal property and facilities of the
11 Association and the Common Area. The Association further may
impose user fees for the use of the Common Area or real or
personal property or other facilities of the Association,
provided such user fees are uniformly applied for the purpose
II of defraying or offsetting costs and expenses of the
Association attributable to such uses.
F. Governmental Successor. Any Property or facility
II
owned or held by the Association and any function or activity
required to be performed by the Association under this
Declaration may be transferred to any governmental authority
which is willing to accept and assume such obligations on such
terms and conditions as the Association shall deem to be in
II the best interests of the Owners and with written consent of
Declarant.
G. Indemnification of Declarant. With respect to real
II or personal property granted or leased to the Association by
Declarant, the Association shall indemnify and hold Declarant
harmless from any and all losses, liabilities or claims
arising from or in connection with the improvement, operation,
II
maintenance or use thereof by the Association or any person or
entity authorized to use the same.
4.9. Amplification. The Association may exercise any and all
other rights and privileges given to it by this Declaration, by its
II Articles or Bylaws, or as may otherwise be given to it by law,
whether express or implied, reasonable or necessary to carry out
its purposes as are set forth in this Declaration and under the
Articles and Bylaws. However, the Association shall not be
II
entitled to:
A. Change the obligation of any Owner for paying
assessments or charges hereunder;
IIB. Physically partition or subdivide any Lot; or
C. Partition, subdivide, encumber, sell or transfer the
Common Area, except for the granting of easements for public
1 utilities or other public purposes consistent with the intent
and purpose of this Declaration.
4.10. Property Furnished by Declarant to Association.
A. Sale or Abandonment. No real property or interest
in real property conveyed by Declarant to the Association may
be sold, conveyed, leased, transferred, abandoned or disposed
II
of by the Association without the consent of Declarant, nor
shall any Improvements on real property granted or conveyed to
the Association by Declarant be destroyed, permitted to
II 14
• • BOOK 790 ME 62
deteriorate, waste or be disposed of by the Association
without the consent of Declarant.
B. Designation of Easements. As to any real property
or interest in real property conveyed or provided to the
Association by Declarant, Declarant reserves the right to
create or impose easements for utilities (including gas,
electricity, water, sewer, telephone, television and
intercommunication, alarm or other system), drainage, public
or private equestrian, or hiking trails, and for ingress and
egress and access.
C. Commercial Enterprises. Except for isolated and
occasional commercial activities normally classified as
organized civic events, charitable benefits or fund raisers,
no commercial enterprise or activity shall be conducted upon
any real property or interest in real property, including
Improvements thereon, granted, conveyed or furnished by
Declarant to the Association.
ARTICLE V
ASSESSMENTS
5.1. Owner's Obligation. By accepting a deed to any Lot, each
Owner agrees to pay to the Association all the assessments, to be
fixed and levied from time to time as provided in this Declaration,
the Articles and Bylaws. Such assessments, together with interest
accruing thereon and the costs of collection in the event of a
delinquency of payment, shall be the personal joint and several
obligation of each person or entity who is the Owner thereof at the
time the assessment was made. Non-use by an Owner of a Lot or
Common Area shall not relieve the Owner of obligations to the
Association.
5.2. Regular Assessments. Within thirty (30) days following
the commencement of each fiscal year of the Association, the Board
shall estimate the costs and expenses to be incurred by the
Association during such fiscal year in performing its functions
pursuant to this Declaration, the Articles and Bylaws (including a
reasonable provision for contingencies and replacements), and shall
subtract from such estimate an amount equal to the anticipated
balance (exclusive of any reserves) in the operating fund at the
start of such fiscal year which is attributable to the operation
and maintenance assessments for the prior fiscal year. The
estimate so determined shall be assessed to the Class A and B
members as a regular assessment by dividing the total estimate by
the total number of Class A and B membership votes which are
allocated to land within the Properties which has been finally
platted, and assessing the resulting per vote amount to such Class
A and B members, provided, however, Class B memberships shall be
assessed at one-third (1/3) of the rate of Class A memberships and
in no event shall the assessments against Class B memberships
exceed fifty percent (50%) of the total assessments against Class
A and Class B memberships. Regular assessments shall be paid in
twelve (12) equal monthly installments, due on or before the 10th
day of each month, payments to commence with the first month of the
fiscal year. Assessments shall accrue interest at eighteen percent
(18%) per annum, compounded annually, from and after the due date
thereof.
5.3. Special Assessments. If, at any time during the fiscal
year, the regul,xx assessment proves inadequate for any reason,
including non-payment of any Owner's share thereof, the Board may
levy a further assessment in the amount of such actual or estimated
inadequacy. The special assessment shall be assessed to the Class
A and B memberships applicable to Lots owned within the Properties
that have been finally platted by dividing the total estimate by
the total number of Class A and B membership votes applicable to
finally platted Lots and assessing the resulting per vote amount to
15
• Du ' '790 P_GE 63
the Owners, provided, however, Class B memberships shall be
assessed at one-third (1/3) the rate of Class A memberships, and in
no event shall the assessment against Class B memberships exceed
fifty percent (50%) of the total assessments against Class A and
Class B memberships, such assessment to be paid either in equal
monthly installments over the balance of the remaining fiscal year,
or in a lump sum billing, as the Board shall determine. Special
assessments shall accrue interest at eighteen percent (18%) per
annum, compounded annually, from and after their due date.
5.4. Reimbursement Assessment. The Board may levy a
reimbursement assessment against any Owner as a result of such
Owner's, or such Owner's tenant's, guest's, or occupant's, failure
to maintain their Lot and any Building or Improvement thereon, for
damage to roads, walkways, easements, other public rights-of-way,
or to the Common Area and Improvements thereon exceeding ordinary
wear and tear, and for cost deficiencies associated with
construction remediation as set forth in Paragraph 4.7.H. herein,
regardless of whether such damage was caused by the willful or
negligent act or omission of such Owner, or Owner's tenant, guest
or occupant. Such assessment shall be for the purpose of
reimbursing the Association for its actual costs and expenses
incurred for the repair, maintenance or restoration of such damage,
and shall be due and payable to the Association when levied.
Reimbursement assessments shall accrue interest at eighteen percent
(18%) per annum, compounded annually, from and of their due date.
5.5. Enforcement. In the event any assessment is not paid
when due, the Association may enforce payment of such obligation by
any or all of the following remedies:
A. The Association may elect to accelerate and declare
immediately due and payable the remaining balance of regular
or special assessments for such fiscal year.'
B. The Association may commence a suit to collect the
delinquent assessments, including any accelerated assessment.
Any judgment rendered in such action shall include an amount
to reimburse the Association for costs of suit, including
reasonable attorneys' fees.
C. The Association may suspend a defaulting Owner's
voting right and all right to use and enjoyment of the Common
Area until all delinquent assessments are paid.
D. All delinquent assessments not paid when due shall
be a lien on the Owner's Lot which shall bind the Owner and
his heirs, devisees, personal representatives and assigns. At
any time following an Owner's failure to pay any assessment
when due, the Board may prepare and file a certificate
claiming such lien, which certificate shall state the name and
address of the delinquent Owner, the legal description of the
property subject to the lien, the amount claimed due, and that
the claim of lien is being made pursuant to this Declaration.
The lien created hereunder may be foreclosed in the manner
provided by law for the judicial foreclosure of a mortgage
lien upon real property under applicable Colorado law. In
such foreclosure suit, the costs of suit, including reasonable
attorneys' fees, shall be awarded to the Association.
D. Notwithstanding provisions of this Section, the lien
for assessments provided herein shall be subordinate to the
lien of any first Mortgage. The lien of the assessment shall
be superior to any homestead exemption now or hereafter
provided by the laws of the State of Colorado or the United
States of America. The sale or transfer of any Lot shall not
affect the assessment liens. However, the sale or transfer of
any Lot pursuant to first Mortgage foreclosure shall
16
• t�mx. '799 Ps:E 64
extinguish the lien for such assessment as to payments which
become due prior to such sale or transfer. However, no sale,
transfer or foreclosure proceeding brought by any first
Mortgage holder shall extinguish the personal obligation of
the Owner for delinquent and unpaid assessments.
5.7. Assessments for Capital Improvements. In addition to
regular, special and reimbursement assessments, the Association may
levy, in any fiscal year, an assessment applicable to that year
only for the purpose of defraying, in whole or part, the cost of
any construction, reconstruction, repair or replacement of
Improvements to or upon the Common Area, including fixtures and
personal property related thereto, provided that any such
assessment shall have the approval of two-thirds of the Class A and
Class B votes present at any meeting called for such purpose at
which a quorum is present. For the purpose of making capital
Improvement assessments, a quorum shall be not less than fifty
percent (50%) of the total Class A and Class B membership votes at
the time of such meeting. In assessing capital improvements,
finally platted Class B memberships shall be assessed at one-third
(1/3) of the rate of Class A memberships and in no event shall the
assessments against Class B memberships exceed fifty percent (50%)
of the total assessments against Class A and Class B memberships.
ARTICLE VI
ANNEXATION
6.1. General. Declarant may at any time annex to the
Properties without the consent of the Owners or the Association all
or any portion of the real property described in Exhibit B attached
hereto and incorporated by this reference. This power of
annexation without the consent of the Owners shall be in existence
for a period of twenty (20) years from the date of recording of
this Declaration. Declarant may extend this period for an
additional ten (10) years by recording a supplement to this
Declaration before the expiration of the initial 20 -year period.
6.2. Annexation Procedures. The annexation of any Properties
shall become effective when the last of the following events
occurs:
A. A Plat of the Properties to be annexed has been
approved by applicable governmental authority and filed with
respect to the real property to be annexed; and
B. Declarant shall have executed and recorded a
Supplemental Declaration which shall describe the real
property which is to be annexed, shall set forth or refer to
additional or different covenants, conditions and restrictions
applicable to the annexed property and shall declare that the
annexed property shall be subject to this Declaration and all
additional or different covenants, conditions and restrictions
set forth in the Supplemental Declaration.
6.3. Effect of Annexation. Upon any annexation becoming
effective, the property subject to the annexation shall become and
constitute a part of the Properties and the Association shall have
and shall accept and exercise all rights, duties and obligations
with respect to such annexed property as are set forth in this
Declaration, Supplemental Declarations, the Plat, and Articles and
Bylaws of the Association.
ARTICLE VII
AMENDMENTS TO DECLARATION
Declarant reserves the right to make modifications, additions
or deletions in or to the Plat, this Declaration or any
Supplemental Declaration as may be required by Mortgage lender or
insurer, or as may be necessary to comply with building codes,
17
3(lnK 1;4.19
governmental regulations, or rules, laws or ordinances of
applicable governmental authorities, provided that no such
modifications, additions or deletions shall require the physical
modification of any Building or Improvement or decrease any
financial obligation of Declarant. Except for the rights reserved
to Declarant, this Declaration shall not be revoked, modified or
amended except upon the affirmative vote of not less than eighty
percent (80%) of all memberships entitled to vote in the
Association.
ARTICLE VIII
GENERAL PROVISIONS
8.1. Enforcement. The Association, Declarant or any Owner•
shall have the right to enforce by any proceeding at law or in
equity all restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this
Declaration or any Supplemental Declaration. The failure of the
Association, Declarant or any Owner to enforce any covenant or
restrictions herein contained shall in no event be deemed a waiver
or estoppel of the right to do so thereafter, or a waiver or
estoppel of any other or subsequent breach of any covenant,
condition or restriction herein contained. Further, no party
enforcing any covenant or restriction in this Declaration shall be
entitled to contribution from the Association, Declarant or any
other Owner for the enforcing party's costs or expenses incurred
for any enforcement action. In any legal proceeding brought for
the purpose of enforcing this Declaration or any Supplemental
Declaration, the prevailing party shall be entitled to an award of
reasonable attorneys' fees and costs incurred in connection
therewith.
8.2. Severabili. Invalidation of any one of these covenants
or restrictions by judgment or court order shall not affect any
other provisions which shall remain in full force and effect.
8.3. Duration. The covenants and restrictions of this
Declaration, or any amendment or modifications hereto, shall run
with and bind the land for a term of twenty (20) years from the
date this Declaration was recorded, after which time they shall be
automatically extended for successive periods of twenty (20) years.
8.4. Number and Gender. Whenever used herein, unless the
context shall otherwise provide, the singular numbers shall include
the plural, the plural the singular, and the use of any gender
shall include all genders.
IN WITNESS WHEREOF, Declarant sets its hand and seal this
30 day of A/evc/77ber , 199O
LOS AMIGOS RANCH PARTNERSHIP
a Colorado general partnership
By ��,� /
Thomas E. Neal,
Managing General Partner
18
1 •
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
ryn^K .;,99 p,(;E f;5
STATE OF ILLINOIS )
ss.
COUNTY OF COOK
The foregoing,instxument was acknowledged before me this
37 day of,cb?7n16/<' , 199 , by Thomas E. Neal as the
Managing General Partner of Los Amigos Ranch Partnership, a
Colorado general partnership.
Witness my hand and officiale
My commission expires: �� /5 /`/- •
Nota Public
19
"OFFICIAL SEAL"
Elizabeth A. Heffernan
Notary Public, State of Illinois
My Commission Expires Aug.. 15, 1994
•
EXHIBIT A
3')fi ';'99 PILE 67
•
LOS AMIGOS RANCH SUBDIVISION NO. 2
FIUNG NO. 1
That part of Sections 5 and 8, Township 7 South, Range 88 West of the 6th Principal Meridian, said
real property being more particularly described as follows:
Beginning at a point on the westerly right-of-way of County Road No. 114 whence a stone for the
closing corner to the northeast corner of said Section 8 bears N 73°15'34' E 1508.87 feet, with all
bearings contained herein being relative to a bearing of S 00°32'11' W between the E 1/4 corner and
the SE corner of said Section 5, thence; from a tangent bearing S 20°40'01' W southwesterly, 60.13
feet along the arc of a 2341.71 foot radius curve to the left having a central angle of 1°28'17" and
subtending a chord bearing S 19°55'52' W 60.13 feet along said westerly right-of-way; thence N
66°16'26' W 50.00 feet; thence S 37°08'53' W 214.12 feet; thence S 07°25'02' W 245.00 feet; thence N
90°00'00" W 2368.30 feet; thence N 01°31'35" W 378.08 feet; thence N 15°40'46" W 296.02 feet; thence
N 54°14'46' W 308.06 feet thence S 87°57'17' W 420.27 feet; thence N 00°00'00' E 367.85 feet; thence
N 90°00'00' E 700.07 feet; thence N 17°53'47' E 631.45 feet; thence N 30°04'05' E 60.00 feet; thence
S 59°55'55" E 168.81 feet; thence N 30°04'05" E 290.65 feet; thence S 81°38'00' E 547.84 feet; thence
S 08°36'52' E 69.66 feet; thence 161.39 feet along the arc of a 195.00 foot radius curve to the left
having a central angle of 47°25'18' and subtending a chord bearing S 32°19'31' E 156.83 feet; thence
S 56°02'10' E 64.63 feet; thence 252.95 feet along the arc of a 500.01 foot radius curve to the left
having a central angle of 28°59'10' and subtending a chord bearing S 70°31'45' E 250.27 feet; thence
S 85°01'20' E 350.73 feet; thence 192.61 feet along the arc of a 915.00 foot radius curve to the left,
having a central angle of 12°03'39' and subtending a chord bearing N 88°56'50' E 192.25 feet; thence
N 82°55'00' E 222 95 feet; thence S 09°06'52" E 428.95 feet; thence 233.88 feet along the arc of a
695.00 foot radius curve to the right, having a central angle of 19°16'52" and subtending a chord
bearing S 00°31'34' W 232.78 feet; thence S 10°10'00' W 104.81 feet; thence 128.02 feel: along the arc
of a 477.49 foot radius curve to the left, having a central angle of 15°21'40' and subtending a chord
bearing S 02°29'11' W 127.63 feet; thence 92.49 feet along the arc of a 120.00 foot radius curve to the
left having a central angle of 44°09'39' and subtending a chord bearing S 27°16'29' E 90.22 feet;
thence 228.88 feet along the arc of a 775.10 foot radius curve to the left having a central angle of
16°55'08' and subtending a chord bearing S 57°48'52" E 228.05 feet; thence S 66°16'26' E 190.98 feet
to the point of beginning, containing 97.75 acres more or less.
Said real property has been laid out and surveyed as Los Amigos Ranch Subdivision No. 2 Filing No.
1, a subdivision of a part of Garfield County, Colorado. The plat of Los Amigos Ranch Subdivision No.
2, Filing No. 1, County of Garfield, State of Colorado, is recorded as Rec. No. 353877 of the Clerk and
Recorder of Garfield County, Colorado. Said real property is subject to all easements shown on said
plat or otherwise of record, including those recorded in Book 670 at Pages 511-514 and in Book 743
at Pages 662-666.
i
EXHIBIT B . biYA 799 Pr.:E 6S
LOS AMIGOS RANCH PARTNERSHIP
Township 6 South, Range 88 West of the 6th P.M. Book 547 Page 569
Section 31:
Section 32:
Section 33:
SE -1/4 and Lot 2
S-1/2SW-1/4, Lot 7 and SE-1/4SE-1/4
Lots 18 and 19
Township 7 South, Range 88 West of the 6th P.M.
Section 5:
Section 6:
Lots 3,4,5,6,7,11 and the easterly one-half of Lot 10, NE-1/4SW-1/4,
NW-1/4SE-1/4, SE -1/4 NW -1/4 and NE -1/4
Lots 2,3,4,5,6,7,SW-1/4NE-1/4 and NW -1/4 -SE -1/4
Township 6 South, Range 89 West of the 6th P.M.
Section 35:
Section 36:
Lots 1,2,10 and 16
SE -1/4, N-1/2SW-1/4, NE -1/4, NW -1/4 and Lots 1 and 2
EXCEPTING from the above described property the parcels of land as follows:
1. William E. Foster and Bruce Dixson by deed recorded in Book 374 at Page 480;
2. Colorado Mountain Junior College !District by deeds recorded in Book 381 at Page 537
and Book 399 at Page 265;
3. Board of County Commissioners of Garfield County, Colorado, by deed recorded in
Book 409 at Page 220.
4. All that portion of Lot 2, Section 6, Township 7 South, Range 88 West of the 6th P.M.
Tying Southwesterly of the Southeasterly right of way line of a county road known as
the 'college road'.
TOGETHER WITH any and all water, water rights, water structures, ditches, laterals, wells, and other
water and water facilities of every kind and nature, without limitation, appurtenant thereto; PROVIDED,
HOWEVER, that the said conveyance of water rights is without any warrants of title whatsoever.
Parcel 1 Book 547 Page 570
That part of T. 7 S., R. 88 W. of the 6th P.M., being all of Lot 9 and the Westerly one-half of Lot 10 of
Sec. 5, all of Lot 5 of Sec. 8 and that part of Lot 4 of Sec. 8, lying Westerly of the Westerly right-of-way
line of a County Road as constructed and in place, the Westerly right-of-way line of said road being
described as follows:
Beginning at a point on the Southerly line of said Lot 4, said point being on the Westerly right-of-way
line of said County Road, whence the NE Corner of said Sec. 8 bears:
N. 60°03'34' E. 1933.73 feet;
thence N. 03°12'18' E. 242.69 feet along the Westerly right-of-way line of said County Road; thence N.
14°58'08" E. 144.01 feet along the Westerly right-of-way line of said County Road; thence N. 52°07' E.
691.57 feet along the Westerly right-of-way line of said County Road to a point on the Northerly line of
said Lot 4.
EXCEPT the Westerly 1024 feet of said Lot 5, Sec. 8 and said Lot 9, Sec. 5.
Parcel 2
Lot 8 of Sec. 5, Lots 8 and 9 of Sec. 6, Lots 10 and 11 of Sec. 7 and Lot 6 of Sec. 8, T. 7S., R. 88 W
of the 6th P.M.
EXCEPT all that part thereof heretofore conveyed by deeds recorded as Document No. 249250 in
Book 418 at Page 1; Document No. 248001 in Book 409 at Page 220.
Page 1 of 3
43001( 799 ?E 69
and
The Westerly 1024 feet of Lot Five (5), Section Eight (8), and Lot Nine (9), Section Five (5), Township
7 South, Range 88 West of the 6th P.M.
and Book 614 Page 679
A tract of land in the southwest 1/4 of the southeast 1/4 of Section 32, Township 6 South, Range 88
West of the 6th Principal Meridian, being more particularly described as follows:
Beginning at a Garfield County Surveyor brass cap in place and properly marked for the center
quarter comer of said Section 32, thence S 89° 00' 23' E 1314.62 feet along the north line of the NW
1/4 of the SE 1/4 of said Section 32; thence S 01° 48' 29' W 2465.40 feet along the east line of the
west 1/2 of the SE 1/4 of said Section 32 to the true point of beginning; thence continuing S 01° 48'
29' W 136.26 feet along the east line of the SW 1/4 of the SE 1/4 of said Section 32 to the SE corner
of the SW 1/4 of the SE 1/4 of said Section 32; thence N 89° 43' 26' W 6.18 feet along the south line
of the SW 1/4 of the SE 1/4 of said Section 32 to a fence line as built and in place; thence N 04° 24'
02' E 136.56 feet along said fence line to the true point of beginning, containing 0.010 acres more or
less.
and Book 614 Page 680
A parcel of land situate in the south hail of Section 32, Township 6 South, Range 88 West of the 6th
Principal Meridian, being more particularly described as follows:
Beginning at the south quarter corner of said Sectiion 32; thence along the east line of the SW 1/4 of
said Section 32, N 02° 22' 30' E. 1309.47 feet to the NE corner of the SE 1/4 of the SW 1/4 of said
Section 32; thence along the north line of the south 1/2 of the SW 1/4 of said Section 32, N 88° 54'
34' W 2560.91 feet to the northwest corner of the SW 1/4 of the SW 1/4 of said Section :32; thence
along the west line of the SW 1/4 of said Section 32, N 03° 10' 51' E 7.36 feet to a point on a fence
line as -built and in place; thence along said fence line N 89° 43' 23' E a distance of 2725.52 feet to a
fence corner; thence S 09° 03' 54' W 1395.04 feet along said fence line to the point of beginning,
containing 4.798 acres more or Tess.
EXCEPTING FROM ALL OF THE ABOVE Book 547 Page 566
Rec. No. 344098
A parcel of land situated in part of Government Lots 6, 10, and 11 in Section 5, Township 7 South,
Range 88 West of the Sixth Principal Meridian, in the County of Garfield, State of Colorado. Said
parcel lying northwesterly of the northwesterly right-of-way line for County Road Number 114 (College
Road), being 30.00 feet from and parallel to the centerline of said County Road as constructed and in
place. Said parcel being more particularly described as follows:
Beginning at the Northeast Corner of Section 8 in said Township and Range, a stone corner found in
place and properly marked; thence N 60°02'19' W 1048.55 feet to a point on said northwesterly right-
of-way line, the True Point of Beginning; thence, leaving said right-of-way line, S 89°05'04' W 360.82
feet; thence S 72°41'46' W 501.54 feet; thence N 15°30'40' W 389.18 feet; thence N 72°37'24' E
298.91 feet; thence N 57°46'36' E 989.84 feet; thence S 25°44'45' E 539.32 feet to a point on said
northwesterly right-of-way line; thence S 67°49'48' W 103.37 feet along said right-of-way line; thence
352.79 feet along the arc of a curve to the left along said right-of-way line, having a radius of 554.35
feet and a chord which bears S 49°35'54' W 346.87 feet; thence S 31°21'59' W 102.51 feet along said
right-of-way line to the True Point of Beginning. Said parcel containing 14.63 acres, more or less.
Page 2 of 3
4.
i
• 8!+ K 799 P_c.:E 70
and EXCEPT Book 613 Page 567
A parcel of Land situated in the SE 1/4 of Section 31, Township 6 South, Range 88 West of the 6th
Principal Meridian, being more particularly described as follows:
Beginning at a Garfield County Surveyor brass cap in place and properly marked for the east quarter
corner of said Section 31; thence along a fence line S 05°06'10' W 1305.89 feet to a fence corner;
thence continuing along said fence line N 89°43'23' E a distance of 43.88 feet to a point on the east
line of said SE 1/4; thence along the east line of said SE 1/4 N 03°10'51" E 1302.51 feet to the point of
beginning, containing 0.656 acres more or less.
and EXCEPT Book 613 Page 568
A parcel of land situated in Government Lot 7, Section 32, Township 6 South, Range 88 West of the
6th Principal Meridian, being more particularly described as follows:
Commencing at the northwest corner of the southeast quarter of said Section 32; thence S 89°00'23'
E along the east -west centerline of said Section 32, a distance of 1314.62 feet to the northwest corner
of said Lot 7; thence S 89°00'23' E along the north line of said Lot 7, a distance of 109.22 feet to a
fence line as -built and in place; thence S 04°05'57' W, a distance of 473.70 feet along said fence line;
thence S 04°24'02" W, a distance of 828.82 feet along said fence line to the north line of southeast
quarter of the southeast quarter of said Section 32; thence N 89°22'07' W along the north line of the
southeast quarter of the southeast quarter of said Section 32, a distance of 52.79 feet to the west line
of said Lot 7; thence N 01°48'29' E along the west line of said Lot 7, a distance of 1300.83 feet to the
point of beginning, containing 2.442 acres more or less.
and EXCEPT Book 613 Page 569
A tract of land situated in the southeast 1/4 of the southeast 1/4 of Section 32, Township 6 south,
Range 88 West of the 6th Principal Meridian, being more particularly described as follows:
Beginning at Garfield County Surveyor brass cap in place and properly marked for the center quarter
corner of said Section 32; thence S 89° 00' 23' E 1314.62 feet along the north line of the northwest
1/4 of the SE 1/4 of said Section 32; thence S 01° 48' 29' W 1300.83 feet along the east Dine of the
NW 1/4 of the SE 1/4 of said Section 32 to the northwest corner of the SE 1/4 of the SE 1/4 of said
Section 32 and the true point of beginning; thence S 89° 22' 07" E 52.79 feet along the north line of
the SE 1/4 of the SE 1/4 of said Section 32 to a fence line as built and in place; thence S 04° 24' 02'
W 1166.85 feet along said fence line to a point on the west line of SE 1/4 of the SE 1/4 of said Section
32; thence N 01° 48' 29' E 1164.57 feet along the west line of the SE 1/4 of the SE 1/4 01 said Section
32 to the true point of beginning, containing 0.706 acres more or less.
and EXCEPT Book 613 Page 570
A parcel of land situated in Government Lot 7, Section 32, Township 6 South, Range 88 West of the
6th Principal Meridian, being more particularly described as follows:
Commencing at the northwest corner of the southeast quarter of said Section 32; thence S 89° 00' 23'
E along the east -west centerline of said Section 32, a distance of 1423.84 feet to the true point of
beginning also being on the northerly line of said Government Lot 7; thence continuing S 89° 00' 23' E
along the north line of said Lot 7, a distance of 29.78 feet to the northwest corner of Government Lot
6; thence S 01° 41' 27' W along a line common to Lot 7 and Lot 6, a distance of 475.48 feet to the
southwest corner of said Lot 6; thence N 86° 11' 34' W, a distance of 49.72 feet to a fence line as -built
and in place; thence N 04° 05' 5T E along said fence line, a distance of 473.70 feet to the true point
of beginning, containing 0.433 acres more or less.
Page 3 of 3
1
I SUPPLEMENTAL DECLARATION FOR
LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT
1 GARFIELD COUNTY, COLORADO
1 THIS SUPPLEMENTAL DECLARATION FOR LOS AMIGOS RANCH PLANNED UNIT
DEVELOPMENT, GARFIELD COUNTY, COLORADO (Supplemental Declaration) is made
and declared this day of 1997, by Los Amigos Ranch
I
Partnership, a Colorado general partnership (Declarant).
1
RECITALS
A. Declarant is the owner of certain real property situate in Garfield County,
I Colorado, and more particulary described in the Final Plat for Los Amigos Ranch, Filing
5, Phase 1 ("Final Plat"), filed for public record in Office of the Clerk and Recorder,
Garfield County, Colorado as Reception No.
IB. Declarant has previously recorded that certain Amended and Restated
Declaration of Covenants, Conditions and Restrictions for Los Amigos Ranch Planned Unit
1 Developement, Garfield County, Colorado (Amended and Restated Declaration) on
Februrary 15, 1991 in Book 799, Page 48 of the Garfield County Clerk and Recorders'
records as Receptions No. 421306.
IC. Declarant desires to annex all those properties contained within the Final
Plat except those properties identified therein as "Multi -Family Open Space" and "School
ISite Parcel" pursuant to this Supplemental Declaration and thereby subject said annexed
properties (hereinafter "Additional Properties") to the Amended and Restated Declaration
Iand the additional covenants, conditions and restrictions set forth below.
NOW THEREFORE, Declarant hereby makes the following declaration of
annexation of the Additional Properties and declarations of additional covenants and
Irestrictions applicable thereof:
IANNEXATION OF ADDITIONAL PROPERTY
1.1 The Additional Properties contained within Los Amigos Ranch, Filing 5,
I Phase 1, and more particularly described in "Exhibit A", are hereby amended pursuant to
Article IV of the Amended and Restated Declaration.
1.2 The Additional Properties are hereby made subject to all provisions set forth
in the Amended and Restated Declarations.
1.3 The Additional Properties are hereby made subject to the additional
covenants, conditions and restrictions set forth in this Supplemental Declaration.
1
10 •
1
ADDITIONAL COVENANTS. CONDITIONS AND RESTRICTIONS
2.1 Irrigation Single family Tots shall not irrigate more than 3,000 square feet of land.
2.2 Central Sewer Systems All single family lots in Los Amigos Ranch, Filing 5, are
within the Spring Valley Sanitation District boundaries and must connect to its central
sewage treatment system for sewage treatment services. No individual sewage disposal
systems shall be allowed.
2.3 Pet Control All pets must be kept under strict owner control at all times. No more
than one adult dog and no more than an aggregate of three cats and dogs may be kept on
an single family lot. The Board of Los Amigos Ranch Homeowner's Association has
promulgated rules and regulations regarding pet ownership and control , and may levy pet
assessments for violations of said rules and regulations. By way of example, owners may
be assessed for pets found roaming free of owner control, or disturbing neighbors or
wildlife. Said pet assessments are enforceable as set forth in Article V., Paragraph 5.5 of
the Amended and Restated Declaration. Nothing contained herein or in said rules and
regulations shall limit the right of the Board to modify said rules and regulations, determine
a pet is a nuisance and require it's removal from Los Amigos Ranch P.U.D. Properties, nor
limit the right of Los Amigos Ranch Partnership or any owner of Los Amigos Ranch P.U.D.
property to enforce their property rights.
1 2.4 Fire Protection The Additional Properties are forested with mature pinion and
juniper trees. In order to reduce the danger to home from lighting induced crown fires, all
Homeowners shall crate a defensible space around homesites by thinning trees within 30
feet of homes so that the crowns of trees are at least 10 feet apart. This defensible space
should be increased on the downhill slope of homes. Dead branches, limbs, trees and
debris shall be removed from the defensible space area. Roofs shall be constructed of
non-combustible materials. Homeowners should install adequate lightning protection.
2.5 Fireplaces Woodburning appliances in each single family dwelling unit shall be
limited to one Colorado Certified woodstove. Natural gas appliances may be used freely.
IN WITNESS: WHEREOF, Declarant sets its hand and seal this , day of
, 1997.
LOS AMIGOS RANCH PARTNERSHIP
A Colorado general partnership
By
Thomas E. Neal
Managing General Partner
1
1
1
: IATE OF COLORADO
TY OF GARFIELD
)RDERED BY:1
SS.
CERTIF•E OF TAXES DUE CertLcate 971072- 9r1 C' S -
I
NOTICE
the undersigned, do hereby certify that the entire amount of Real
:state taxes due upon parcels of real estate property described herein,
end all sales of the same for unpaid real estate taxes shown by the
-fords in my office, from which the same may still be redeemed with
amount required for redemption, are as noted herein.
SCHEDULE DISTRICT
I
AMIGOS RANCH PARTNERSHIP 011347 012 2393 051 00 001
9 COUNTY ROAD 114
;LENWOOD SPRINGS CO 81601-9391
DESCRIPTION AMOUNT
5-7-88 1996 TAX $122.70
I IN LOTS 1 & 6 THE SENE
BK 0553 PG 0846 * * * * TAXES DUE * * * *
BK 0650 PG 0574 TAX DUE $0.00
BK 0646 PG 0579
BK 0775 PG 0165 TTL DUE: $0.00
BK 0775 PG 0173
BK 0799 PG 0048
BK 0982 PG 0103
1
ifEAL VALUE 1610
S: 35.180
Taxing Entity
Mill Levy Tax Dollars
FIELD COUNTY - GENERAL FUND
FIELD COUNTY - AIRPORT
ARFIELD COUNTY - ROAD & BRIDGE FUND
FIELD COUNTY - SOCIAL SERVICES FUND
IELD COUNTY - CAPITAL EXPENDITURES
ING VALLEY SANITATION
BONDALE & RURAL FIRE
ASALT WATER CONSERVANCY
IORADRIVER WATER CONS
O
1 GENERAL
1 BOND
OLORADO MOUNTAIN COLLEGE
10.333
0.150
1.600
1.400
0.172
0.900
6.212
0.110
0.343
39.557
11.649
3.785
16.64
0.24
2.58
2.25
0.28
1.45
10.00
0.18
0.55
63.69
18.75
6.09
IIormation regarding special taxing districts and boundaries of such districts
be on file or deposit with the Board of County Commissioners, the County
rk and Recorder, or the County Assessor.
Is
certificate does not include land or improvements assessed under a
arate schedule number, Personal Property Taxes, or Special Improvement
.strict Assessments, Mobile Homes, or Severed Minerals unless
pecifically mentioned.
IIal Calculated Through 04/30/97
Total Taxes Due: $0.00
FEE: $10.00
IIWITNESS WHEREOF, I have hereunto set my hand and seal, on this date 04/30/97
GEORGIA CHAMBERLAIN
wt_- -- - 6.41--yyj-C1 ett4V
11asurer of GARFIELD County, Colorado
In
by Deputy
1
TATE OF COLORADO
INTY OF GARFIELD
ERED BY:1
ss.
CERTIFilfE OF TAXES DUE
Cert cate
NOTICE
the undersigned, do hereby certify that the entire amount of Real
ate taxes due upon parcels of real estate property described herein,
Ind all sales of the same for unpaid real estate taxes shown by the
-ecords in my office, from which the same may still be redeemed with
IIamount required for redemption, are as noted herein.
11
AMIGOS RANCH PARTNERSHIP
l9 COUNTY ROAD 114
NWOOD SPRINGS CO 81601-9391
SCHEDULE DISTRICT
111957 011 2393 052 00 007
DESCRIPTION AMOUNT
II5-7-88 1996 TAX $2,414.47
.LL THOSE PART OF LOTS 2,3,4,5,7,8,9,10,SWNE,SENW,
11 W, & LOT 4 SEC 8. SEC 6 LOT 2(32.20AC), 3(45.20 * * * * TAXES DUE * * * *
4(39.79AC), 5(40.AC), 6(38.98AC), 7(38.17AC), TAX DUE $0.00
0.04AC), 8(32.46AC) N. OF CO. RD. 114,SWNE,NWSE
C7 LOT 10(39.77AC), 11(25.29AC). SEC 8 LOT 6 TTL DUE: $0.00
30.77AC) & 5(31.92AC) EXCEPT CO RD 3.77AC. EXCEPT
AMIGOS RANCH SUB -DIV #2 FLG 2 & FLG 3&4.
BK 0650 PG 0574
BK 0982 PG 0103
BK 0995 PG 0534
BK 0995 PG 0529
It SCHED 111509
AL VALUE 32060
GREs: 701.940
IF Taxing Entity
Mill Levy Tax Dollars
IELD COUNTY - GENERAL FUND
FIELD
COUNTY - AIRPORT
IELD COUNTY - ROAD & BRIDGE FUND
FIELD COUNTY - SOCIAL SERVICES FUND
ARFIELD COUNTY - CAPITAL EXPENDITURES
ONDALE & RURAL FIRE
ALT WATER CONSERVANCY
ORADO RIVER WATER CONS
E-1 GENERAL
E-1 BOND
ItORADO MOUNTAIN COLLEGE
10.333
0.150
1.600
1.400
0.172
6.212
0.110
0.343
39.557
11.649
3.785
331.26
4.81
51.30
44.88
5.51
199.16
3.53
11.00
1,268.20
373.47
121.35
ormation regarding special taxing districts and boundaries of such districts
ay be on file or deposit with the Board of County Commissioners, the County
rk and Recorder, or the County Assessor.
if
his certificate does not include land or improvements assessed under a
eparate schedule number, Personal Property Taxes, or Special Improvement
Itrict Assessments, Mobile Homes, or Severed Minerals unless
cifically mentioned.
al Calculated Through 04/30/97 Total Taxes Due:
Ir
FEE:
$0.00
IWITNESS WHEREOF, I have hereunto set my hand and seal, on this date 04/30/97
GEORGIA CHAMBERLAIN
Sy LL -� rrti--. by Deputy
reasurer of GARFIELD County, Colorado
I9LtCc
TATE OF COLORADO
ItNTY OF GARFIELD
ERED BY:1
ss.
CERTIF•TE OF TAXES DUE Cer icate 971074 9'7ic53
IFNOTICE
the undersigned, do hereby certify that the entire amount of Real
ate taxes due upon parcels of real estate property described herein,
rid all sales of the same for unpaid real estate taxes shown by the
•ecords in my office, from which the same may still be redeemed with
1ramount required for redemption, are as noted herein.
AMIGOS RANCH PARTNERSHIP
9 COUNTY ROAD 114
NWOOD SPRINGS CO 81601-9391
SCHEDULE DISTRICT
120030 012 2393 051 00 008
It5-7-88 1996 TAX
EC 5&8. ALL THOSE PARTS OF LOTS 1,2,3,4,5,6,7,9,
11 & S2NE;SENW,NESW,NWSE, LYING WITHIN THE * * * * TAXES DUE
ING VALLEY SANITATION DIST. EXCEPT A TR CONT. TAX DUE
18 AC. EXCEPT A TR CONT. 10.92 AC. EXCLUDED
M THE DIST. BY 873/3360. EXCEPT LOS AMIGOS RAC. TTL DUE:
UB -DIV #2 FLGS #3 & #4 CONT. 13.26AC.
II BK 0650 PG 0574
BK 0982 PG 0103
BK 0995 PG 0534
BK 0995 PG 0529
RE SCHED 012024
DESCRIPTION AMOUNT
'LEAL VALUE
S:
10250
224.430
$781.16
* * * *
$0.00
$0.00
Taxing Entity Mill Levy Tax Dollars
ARFIELD COUNTY - GENERAL FUND
ARFIELD COUNTY - AIRPORT
ItF IELD COUNTY - ROAD & BRIDGE FUND
FIELD COUNTY - SOCIAL SERVICES FUND
FIELD COUNTY - CAPITAL EXPENDITURES
PRING VALLEY SANITATION
BONDALE & RURAL FIRE
SALT WATER CONSERVANCY
ORADO RIVER WATER CONS
E-1 GENERAL
E-1 BOND
1ORADO MOUNTAIN COLLEGE
10.333
0.150
1.600
1.400
0.172
0.900
6.212
0.110
0.343
39.557
11.649
3.785
105.90
1.54
16.40
14.35
1.76
9.23
63.67
1.13
3.52
405.46
119.40
38.80
ormation regarding special taxing districts and boundaries of such districts
ay be on file or deposit with the Board of County Commissioners, the County
rk and Recorder, or the County Assessor.
lif
nis certificate does not include land or improvements assessed under a
aparate schedule number, Personal Property Taxes, or Special Improvement
IFtrict Assessments, Mobile Homes, or Severed Minerals unless
cifically mentioned.
iltal Calculated Through 04/30/97 Total Taxes Due:
FEE:VIEREF
$0.00
IIWITNESS WHEREOF, I have hereunto set my hand and seal, on this date 04/30/97
GEORGIA CHAMBERLAIN/
if-
'/i.-g__
U,,L , `-:/$ ;1'w I•-- by Deputy
easurer" of GARFIELD County, Colorado
Y
1 •
1 SPRING VALLEY SANITATION DISTRICT
2929 COUNTY ROAD 114
GLENWOOD SPRINGS, CO 81601
1
1 May 16, 1997
1
Garfield County Board of County Commissioners
1 c/o Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
Los Amigos Ranch Partnership
' 2929 County Road 114
Glenwood Springs, CO 81601
1 Re: Final Plat for Los Amigos Ranch, Filing 5, Phase 1
Dear County Commissioners:
I have compared the Spring Valley Sanitation District's boundaries to the single-family lots
in Los Amigos Ranch, Filing 5, Phase 1 and each of the proposed 17 lots appears to lie completely
1 withing the District's boundaries. The Spring Valley Sanitation District will provide central sewage
service to each of the single-family lots in Los Amigos Ranch, Filing 5, Phase 1 pursuant to written
agreement with each lot owner.
1
1
1
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1
Sincerely,
resident, SVSD
LEAVENWORTH & ASSOCIATES, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
CYNTHIA C. TESTER
DAVID E. LEAVENWORTH, JR.
JOSLYN V. WOOD*
"Admitted in Hawaii and Texas only
DONALD H. HAMBURG
Of Counsel
Mr. Mark Bean
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Final Plat
Filing 5
Los Amigos Ranch PUD
Dear Mark:
May 16, 1997
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
I am writing this letter on behalf of the Los Amigos Ranch Partnerhsip in connection with
the Final Plat for Filing No. 5 of the Los Amigos Ranch PUD. As you know, in connection
with the preliminary plat we submitted a letter dated May 1, 1997, including lengthy exhibits
and attachments. A copy of the letter only is attached for your convenience. In response to that
submittal and pursuant to the referral requirements contained in state statute, this material was
provided to the Office of the State Engineer for review and comment. By letter dated June 26,
1996 (a copy of which is attached) the State Engineer's Office stated:
Pursuant to Section 30-28-136(1)(h)(i), C.R.S., we believe the
proposed water supply appears adequate, and injury to decreed
water rights will not occur, as long as the company operates
pursuant to the decreed water rights and plan for augmentation
which are leased from the Los Amigos Ranch Partnership.
I am writing to certify to the County that the water rights status of the Los Amigos Ranch
Partnership and the Red Canyon Water Company have not changed since our May 1, 1996
submittal.
As you also know, the County is requiring that the Red Canyon Water Company, a
Colorado Corporation, no longer provide the water supply and instead, transfer the water
facilities, together with Los Amigos Ranch Partnership transferring the water rights, to the
Homeowners Association for the provision of water supply to the PUD. Enclosed for your
C: \ FILES \BEANA. 1LT
LEAVENWORTH & ASSOIATES, P.C. •
Mr. Mark Bean
Page 2
May 16, 1997
consideration as Exhibit 1 is a proposed Water Rights And Water Facilities Transfer Agreement
between the Los Amigos Ranch Partnership, Red Canyon Water Company and the Los Amigos
Ranch Homeowners Association. This is the document by which we are proposing to transfer
the water rights and water facilities to the Association. This document would be executed by
all parties at Final Plat. I can confirm to you that the water rights and water facility that will
be transferred pursuant to this Agreement are the same water rights and water facilities
referenced in my May 1, 1996 letter which were the subject of the State Engineer's Office
review and response dated June 26, 1996.
If you have any questions or would like to discuss the terms of the Transfer Agreement,
please feel free to contact me.
Very truly yours,
LEAVENWORTH & ASSOCIATES, P.C.
L
LEL:lfk
Enclosures
cc: Los Amigos Ranch Partnership w/enc.
Red Canyon Water Company w/enc.
Larry Green, Esq. w/enc.
Don DeFord, Esq. w/enc.
C: \ FILES \BEANA.1 LT
. Leavenworth
LEAVENWORTH & ASSOCIATES, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
CAROLYN M. STRAUTMAN
CYNTHIA C. TESTER
SHANE I. HARVEY
DONALD H. HAMBURG
Of Counsel
Mr. Greg Boecker
Los Amigos Ranch Partnership
2929 County Road 114
Glenwood Springs, CO 81601
May 1, 1996
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
Re: Los Amigos Ranch PUD Legal Water Supply for Filing No. 5 and Filing No. 2A
Dear Greg:
At your request, I am writing to outline and review the legal water supply that is
available to provide water service to the Los Amigos Ranch PUD. It is my understanding that
you will use this letter and its attachments in connection with your preliminary plan submittal
for Filing No. 5 and Filing No. 2A.
WATER RIGHTS
The Los Amigos Ranch Partnership, a general partnership (hereinafter "LARP"), owns
the following water rights which will be utilized to provide a legal water supply to the Los
Amigos Ranch PUD:
A. Rancho Los Amigos Well No. 6. The Rancho Los Amigos Well No. 6 was
decreed on August 2, 1994, in Case No. W-3873 (Water Division No. 5) for 300 g.p.m., or
0.66 c.f.s., conditional, for all municipal uses with an appropriation date of July 27, 1978. The
decree limits groundwater withdrawals to a total of 300 acre-feet per year. The source of the
water is a well tributary to the Roaring Fork River. This well was made absolute in Case No.
94CW36 by decree dated September 9, 1994. In addition, in Case No. W-3893, Rancho Los
Amigos Well No. 6 was made an alternate point of diversion for Los Amigos Well No. 5 (see
below). The well has a valid well permit (Perrnit No. 40906-F). Attached hereto as Exhibit 1
are copies of the various decrees and well permit information concerning the Rancho Los
Amigos Well No. 6.
B. Los Amigos Ranch Well No. 5. In Case No. W-2156 (Water Division No. 5),
the Water Court, by decree dated July 23;--1974, awarded 0.66 c.f.s. (300 g.p.m.), absolute, to
the Los Amigos Ranch Well No. 5 for municipal, commercial, domestic, and industrial purposes
with an appropriation date of August 22, 1963. The source of the water for this water right is
C: WILES IBOECKERA.1 LT
LEAVEN -WORTH & ASSOS, P.C. •
Mr. Greg Boecker
Page 2
May 1, 1996
a well tributary to the Roaring Fork River. The Los Amigos Ranch Well No. 5 has a valid well
permit (Permit No. 18147). Attached hereto as Exhibit 2 are copies of the various decrees and
well permit information concerning the Los Amigos Ranch Well No. 5.
C. Basalt Water Conservancy District Plan for Augmentation (Case No. a7CW155).
In Case No. 87CW155, the Basalt Water Conservancy District filed a plan for augmentation for
its various contractees that existed at the time. The decrees transferred a total of 1.32 c.f.s.
associated with the Basalt District's Basalt Conduit water right (adjudicated in Civil Action No.
4613 by decree dated June 20, 1958) to various wells and augments out -of -priority diversions
with water to be released from Ruedi Reservoir.
At full development of the PUD as currently proposed in the amended PUD plan, the
PUD will include a total of 327 single-family homes and 96 apartments. The supporting
engineering to the Basalt District's augmentation plan and the decreed plan includes all of these
uses. It should be noted that the water requirernents of the Los Amigos Ranch PUD are broken
down into five categories and totaled in a summary sheet that is contained an engineering report.
The various categories include 194 single-family residences, the needs of the school parcel, an
additional 123 single-family residences, an additional 10 single-family residences, and 96
apartments. The total number of single-family residences augmented in the PUD plan equals
327, and the total number of apartments included in the augmentation plan is 96. Thus, the uses
set forth in the proposed PUD amendment, including Filing No. 5 and Filing No. 2A, are fully
augmented. The total consumptive use associated with all uses at full development is 64.664
acre-feet. The total diversion requirement is 194 acre-feet. These numbers are consistent with
the decrees and the well permits for both Well Nos. 5 and 6. The consumptive use requirement,
which totals with transit losses approximately 68 acre-feet, is less than the existing 75 acre-feet
of water under contract with the Basalt Water Conservancy District. Copies of the District's
augmentation plan and decree, supporting engineering, as well as the 75 acre-foot Basalt District
contract, as amended, are attached as Exhibit 3.
OWNERSHIP OF WATER RIGHTS AND WATER SYSTEM
At the present time, the water rights and water system necessary to serve the PUD are
owned as more fully set forth below. However, at the request of Garfield County, LARP and
the Red Canyon Water Company have committed to transfer the water rights and water facilities
necessary to serve the PUD, including Filing No. 5 and Filing No. 2A, to the Los Amigos
Ranch Homeowners Association, at no cost to the Association. LARP will also construct at its
expense any and all additional facilities necessary to serve these two filings and convey those
facilities to the Association. We are currently in the process of drafting an agreement between
LARP, the Red Canyon Water Company, and the Homeowners Association for this purpose and
C:\ FILFS\BOECIERA.1 LT
LEAVENWORTH & ASSOCS, P.C.
Mr. Greg Boecker
Page 3
May 1, 1996
will submit the proposed agreement to the County Attorney for his review and approval. It is
contemplated that the agreement will provide for the conveyance of the water rights and water
facilities to the Homeowners Association on December 31, 1996, to provide time to allow the
Association to prepare for the takeover.
The water rights and/or water facilities are currently owned as follows:
A. Water Rights Ownership. Sunlight Partnership, which was the owner and
claimant of the decree issued for Los Amigos Ranch Well No. 5, conveyed this water right to
Chatmus and Johnson by deed in 1978. Chatmus and Johnson conveyed the water rights
associated with Los Amigos Ranch Well No. 5 and the water rights which were decreed to them
for Rancho Los Amigos Well No. 6 to the Los Amigos Ranch Partnership by deed in 1980. The
Basalt Water Conservancy District water allotment contracts are held in the name of the Los
Amigos Ranch Partnership. These water rights are currently leased for a primary term of 50
years with renewal options totaling 40 years to the Red Canyon Water Company, a Colorado
corporation. The lease of water rights is dated October 31, 1988. Copies of the deeds, the
lease, and a copy of the Articles of Incorporation for the Red Canyon Water Company are
attached as Exhibit 4.
B. Physical Facilities Ownership. As noted, the Red Canyon Water Company is a
Colorado corporation which currently provides water service to the Los Amigos Ranch PUD.
It presently provides water service to the existing 48 apartments and to the existing platted
single-family lots located within Filing Nos. 1, 2, 3, and 4, Subdivision No. II, Los Amigos
Ranch PUD. Attached as Exhibit 5 is a letter from the Red Canyon Water Company indicating
its willingness to serve the entire PUD, as proposed to be amended. A copy of the form water
service agreement (utilized in connection with one of the lots in Filing No. 1) is attached as
Exhibit 6. You should note that the water service agreements are assignable to the Association.
The physical facilities and easements necessary to provide water service to the Los
Amigos Ranch PUD are currently owned by the Red Canyon Water Company (Exhibit 7) to the
extent of the existing facilities and associated easements. As to the additional easements and
water delivery facilities that will be required to serve the remaining PUD, LARP will construct
the facilities and transfer those facilities and the necessary easements to the Homeowners
Association.
CONCLUSION
In conclusion, it is our opinion that LARP has a current legal water supply sufficient to
serve both the proposed uses associate, J with Los Amigos Ranch PUD as approved today and
C:\FILESIBOECKERA.1 LT
LEAVENWORTH & ASSO TES, P.C.
Mr. Greg Boecker
Page 4
May 1, 1996
•
as proposed to be amended, including Filing No. 5 and Filing No. 2A, while operating under
the Basalt Water Conservancy District's Substitute Water Supply Plan. Total diversion
requirements for existing approved uses and the additional uses associated with Filing Nos. 2,
3, and 4 is 41.37 acre-feet per year. LARP holds an existing Basalt Water Conservancy District
water allotment contract totaling 75 acre-feet. Valid well permits and water right decrees for
Well Nos. 5 and 6 are in existence. In the long term, the PUD will be served from Well No.
5 pursuant to the augmentation plan decreed by the Basalt Water Conservancy District in Case
No. 87CW155. As noted above, LARP and the Red Canyon Water Company are committed
to the transfer of the water rights and water facilities to the Homeowners Association and will
prepare an agreement for approval by the County Attorney for that purpose.
I trust that this letter and the attachments will satisfy the submittal requirements contained
in Section 4.91 of the Garfield County Code. It is our opinion that an adequate legal water
supply exists and that an acceptable institutional framework for water service to the Los Amigos
Ranch PUD is and will be in place.
If we can provide any additional information, or if you or the County have any questions,
feel free to contact me.
LEL: rin
Enclosures
cc: Thomas E. Neal w/enc.
Dean Gordon, P.E. w/enc.
C: \FILES \BOECKERA.1 LT
Very truly yours,
LEAVENWORTH & ASSOCIATES, P.C.
J A
/l
Loyal E. Leave worth
■
'play -14-97 02:41P Stella Archuleta
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970-945-7785 P.O1
• c
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581 June 26, 1996
FAX (303) 866-3589 7l
YI ^1 t r.. )I \� 7
Mr. Mark Bean
Garfield County Planning Department JUL 0 1 1996
109 8th Street, Suite 303
Glenwood Springs, CO 81601
+ -iFOULIMTY
RE: Los Amigos Ranch PUD, Filings 5 and 2A -.
Section 5, T 7 S, R 88 W, 6th P.M.
Water Division 5, Water District 38
Dear Mr. Bean:
(7\
Roy Romer
Governor
lames 5. Lochhead
Eaecuu.e Otrector
Hal 0. 5,mpson
Sate Engineer
We have reviewed the subject preliminary plan which proposes to create a total of 39
single-family dwellings on approximately 227 acres (ocated in filings 5 and 2A. The proposed
water supply is to be provided through a central system operated by the Red Canyon Water
Company (Company). A letter of commitment from the Company was included in the
submittal material.
A letter from Mr. Loyal E. Leavenworth, dated May 1, 1996, indicated that the
Com;any presently provides water service to 48 apartments and the ex; -ting platted lots
located within Filing Nos. 1, 2, 3, and 4, Subdivision No. II, Los Amigos Ranch PUD. At full
buildout, the PUD is projected to "include a total of 327 single-family homes and 96
apartments. Total annual water demand at buildout will be 194 acre-feet, and consumptive
use will be approximately 68 acre-feet. The 68 acre-feet of depletions are to be augmented
by a water allotment contract for 75 acre-feet with the Basalt Water Conservancy District
(District), and pursuant to a plan for augmentation, which was approved by the Division 5
Water Court in case no. 87CW 155,
The PUD is currentty supplied by two wells, known as the Rancho Los Amigos Well No.
6 (permit no. 40906-F) and the Los Amigos Ranch Well No. 5 (permit no. 18147). Well No.
6 is decreed in Division 5 Water Court case nos. W-3873, W-3893, and 94CW36 for 300
gallons per minute for municipal use, and Well No. 5 is decreed in case no. W-2156 for 300
gallons per minute for municipal use. Ownership of the water rights used to supply this PUD
belongs to the Los Amigos Ranch Partnership. These water rights are leased to the Company
for a period of 50 years with a 40 year renewal option.
A report dated April 30, 1996, prepared by Schmueser Gordon Meyer, Inc., indicated
that Well No. 5 had been test pumped at 110 gallons per minute, and Well No. 6 had been
test pumped at 400 gallons per minute. The combined yield of the two wells exceeds the
estimated required peak day pumping rate at buildout of 360 gallons per minute.
Pursuant to Section 30-28-136(1)(h)(I), C.R.S., we believe the proposed water supply
appears adequate, and injury to decreed water rights will not occur, as long as the Company
operates pursuant to the decreed water rights and plan for augmentation which are leased
from the Los Amigos Ranch Partnership.
May -14-97 02:41P Stella Archuleta
Mr. Mark Bean
June 26, 1996
970-945-7785 P.02
410 Page 2
Should you have further questions or comments regarding the water supply for this
project, please contact Jeff Deatherage at this office.
SPLJJDrd
cc: Ortyn Bell, Division Engineer
Joe Bergquist, Water Commissioner
Sincerely,
Steve Lautenschlager
Assistant State Engineer