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HomeMy WebLinkAbout1.1 Supplemental Infor-- Aug r-rt t 4. * l.'/':i'.;:: Ivlar l,: Bn;rrr fiarf ioI,l Cl,:untV Flarrrr 1O'? :rr]"H litrou'L Glerrw,:':d ijFrirrg1;ir (l ,;r" irrg Dep,;11-ttnerrt ::l 1,':,a) 1 GARF]ELO CUUN"TY Eii':u l':J ir€! r'fiveS*'L,a'he,J a.r-rrJ rntr I r; l't used f'lI" 't:hrfr gf"drtJth *[rrl 11;r]i i t:tUSt RH : l-,rr 'ii At'n i 3 ,: ti Iir.ilr Divi*i,:ri IJear 14ar'[,: r Thr e f *ll,rr*lirrJ arF tl're cr:,rfitnr.irrts {'r-r,rn -|"lie lrlr'urrt lii'Fris S':il Crl, l1 $ErVa'b irllr A':'Ar''l Fi0[nl-'$r$. Arry ct-t'L.E f,]I' r'ririird$ t:'r- f t:rl't:i'cruct i I'rr pr-event ,jrrlrlSirlrl-r il.1-r,l tJuEd ffrf '68*rl reE,ee,lit-rSI WiLh lflrlrlrit,:lf ifrit ,ll rlrf'1 Ti r:rrr wB 'I,rJ $ c r:r l-r'l; f" r::' I I u 'J " t, t_l Th* L,{,i'l.f,J iS .jLlU/*y$ (: t:rrrCSf-t-rBrj ALrirUt Afrilnfi.| (':'fitr-':'i in i.l'l't A.f rTA. r+rfti?f *] Wil,llif B ilrrrj rll rj,l'iill::i'ili(: ;:ifrifna. lE Cr]rUlr.l rjrlrl'rtiiCb" '['l-ru Iirr.brict ]..fic,lrnrni:r,'Jg arritna. I t:,:,n'L: r':rl* t,* {l OVBI,:,t,ed t,l, l inr i t rr [InL'8rE r:f ,l*rn*$'b i i: l iVr:s li,-r.: l:l ;tfirl s{ilitii t::. i a.l lT d'1 i..j5 " TlrU Di*tfiCt:'$ ifiAift Cr:rftCer-rrg fjt:'rr'LirrLle t') be rr:'rttr':'l 'ltt' Er-']ti i':,t-r i:Ili,J arry ,j is'hurl:e,l ar-eng {rh,lu l'::l L,fr f OV011 e'l:Ated ir.n':l t',i':lt'1 i trlrf-frll frl[ ,:1r"rtt+'hh 'L': pfeVerr'h {il'r]r$ i rlrl-t " Tht*y f * lt 'Llri1r'1, &rty ':j i6'lturLtiitrr Ct] ,:,f 'li':r i i (:'j,tl lrl i:rdv{?r$B ly ;rffect ,:rther la.rrlr:,wrrer'gr B.l-rd 5r'ea.t Car-0 Sir,rUl'J tie hal:: 6lrt'brlr rfiitigal;t* a$ ln;tfiy ':''f'Llre Frr)h'lorfici i]'$ F'lfi$iLrio wi'rirh arii;* wh*rr bu i ld ing ':'n ar, a i luv ia i f a'rr d*prr;r$ i1 itroii' Vrry tru I y Yr:.'l.lr"t; r D*w--- IJg r,. Iil I ue r F r- l''.|,:Urr{: lii,:[,r- i s eE idErrt 5,: i I L.rlrr-rgorva'L i r'rr Di s'br i ct ilrIlii ausa DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SAcRAt ENTO, CALTFORNTA 95814-2922 ,{\'i! REPLY TO ATTENTION OF August 31, Lgg2 Regulatory Section (\99275067) Ur. Greg S. BoeckerLos Amigos Ranch2?29 County Road 114Glenwood Springs, Colorado 81GOl_ Dear Mr. Boecker: r am responding to your letter dated August 1g, Lggz,requesting nationwide geierar p"rrit-rJrification for workproposed for the r,os afrigo-s Rairch, irr'ipring va,Iey, GarfieldsSliir; i;1"[:$;;",1"8 3irl,:*ili:'i;:i!:;'";'i:;'6"n,o,, creek, The proposed work on the Los Amigos Ranch will be in anarea within the headrut"i=- of . the ;;;i: -r!" work wirr. consistof placement or two ii-i"In wiae, z:ii,lt, lhisL pine or redwood sirracross the channel to increase the size of the existing wetlandH:T:$.of the sil1. -r;; naxirnum [iiint of the si,, will be our evaluation of the inforuration wfrigl, rg,, provided in yourlFliSI; il3rll.3,Ti:lt:ff "o,,,".sation with fri"r-iL"i or this senerai p..,it numuer-zil- iiij;ii.fiI ffi:ffi";ls1n"iti."iixiX"ff:':X"i:":I,i"?::*ffi"li;. ili;;Ty^.n" "o,,ailiJns outlined This verification is valid-.fo. a period of two years fromthe date of this r"[i"r-i-i.r= the nationwiae g"r,"="i perrnit isI;"i:i;u;rii=:;iffS ;;*Ji"$;: i.l::'"'f,o,,ra d;t;;t -tiis oiri"" We have assigned number L99275O67 to this project. P1easerefer to this number in any correspondence submitted to this office concerning your project. Should you have any questions, please contact Mr. llezei at telephone number (303) 243-LL99. Sincerely, Grady L. McNureChief, Western Colorado Regulatoryoffice 402 Rood Avenue, Room 142 Grand Junction, Colorado 8L5O2-2563 Enclosure Copies Furnished:Dr. Gene Reetz, Environmental Protection Agency, Attn: 8WM-WQ, 999 18th Street, Suite 500, Denver, Colorado 80202-2466Mr. Dan Collins, Subdistrict Chief, U. s. Geological Survey, Post office Box 2027, Grand Junction, Colorado 81501Garfield County, 109 8th Street, Suite 303, Glenwood Springs,Colorado 81601 z. SCTTMUESL -/RDON MEYER tNC.001 Grand Avenue, Suite 2-E Glenwood Springs, Colorado 8'l 60'1 (303) 94S1004 (303) 925$727 Fax (303) 945-5948 MEMORANDUM August 25, 1992 Mr. Dave Michaelson, Garfield County Planning GARIFIEIJJ (;C)iJr{rv DePtiitrfTefit '' ^ '-: - -" -'''-' ' " DATE: TO: FROM: RE:Preliminary Plat Submittal Please find attached hereto five (5) copies of a 4Oo/o slope map for the Los Amigos Ranch PUD submittal. A summary of the lots having 4O% slopes on them and the affect on their acreage is as follows: Lot No. 15 16 22 23 24 Total Area (Acres) 3.1 1 2.76 3.68 3.23 2.22 Net Area (less 40% slopes) (Acres) 3.06 2.44 2.76 1.78 2.17 Please note Lot 23 has less than two acres under 4O% slope. Lot 23 will be revised at the time of Final Plat submission to create at least two acres. Please call me if you have any questions concerning the map or if there is any other information I can provide with respect to slopes on the property. 1501-02/lec cc: Mr. Greg Boecker, Owner's Representative Walt Brown, Esq. COA'SUI I'IVG ENG,,VEERS & SUFYEYOES United States Department of the Interior BUREAU OF LAND MANAGEN{I1NT GLENWOOD SPRINGS RESOURCE AREA 50629 HIGHWAY 6 AND 24 P.O. BOX 1009 GI-ENWOOD SPRINGS, COLORADO 8I602 August 12, l9B2 Hr. Dave llichaeison Garfield County Planning Department 109 8th Street - Suite 303 Glenuood Springr, Co-lorads 81601 Dear i1r l'lrchaeison: In response to your request for comrnents regarding the proposed Los Amigos Ranch, Subdivision II project, I offer the folloving statenents for your scheduled August 13, 1992 public hearrng. Portions of the 59 acre tract are adjacent to puhlic lands administered by thrs offj'ce' current uses on the BLI1 include dlspersed recreation such aE camplng, off-highuay vehlcle {0HV) use' hunting, and hiking. itining clains and telephone rights-of-uay al'so e:{ist on public Iands ri'thin the area. The proposed subdivj.sron is expected to i.ncrease dispersed recreatton orr the adjacent public land. Increased $HV use and related inpacts could aleo oceur' An unplanned netrork of OHV trails has become estabfj.shed on the BLlt parcel to the south. lle are interested in rorking ri"th the subdivj'sion developer to mitigate potentral OHV use problems srn BLfl Iand adjacent to the subdivrsron' A comnunity-type park under cooperative management rrth homeoYners and local OHV users eould irltp marntain OHV uses and minrnize confircts' In 1994 ve yill. revier OHY use designations throughout gur Resource Area, and current use of this area vilf be addressed. Perhaps dr.rri.ng the scoping procPEs of this J.99{ piarr, dialogue rrth the subdrvieicn cievei'oper and/or homeorner grouP cc,uld be considered to betten manage oHV uees and maintaj.n the natural settings trthrn the BLil Parcel. Te have rro other comments to present on the proposed Los Amrgos Ranch, subdiviaion 11 project. Thank you for the opporturrrty tcr comloent' Any questj,ons ar concerns regarding OHV designations or mitigation to protect reEources and minimrze conflicts can be d:.rected to Franci:sco tlendoza or tsob Elderkin of this office at 945-2341" Sincerely, IIII In Beply Befer To: 17859 \7 -88sr) I{-B,EIMET]1 1''1',:,j:i ),1/"/*/)4W Mrctiael 5. Il,:ttrce Area llanager ROY ROMEH Governor HAROLD (HAL) D. SIMPSON State Engineer OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 8'l I Denver, Colorado 80203 (3C3) 866-3581 FAX [303] 866-3589 August 17,7992 Mr" Andrew McGregor, Planner Garfield County Regulatory Offices and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Los Amigos Ranch, Filings 2,3 and 4, subdivision II, Preliminary Plan Sections 5, 6, 7, and 8, T7S, R8BW, 6TH P.M. Water Division 5, Water District 38 Dear Andrew, Thank you for the referral on the aforementioned project in which the applicant is requesting approval of replatting 20 single-family lots and one rural residential lot. All proposed lots will be connected to an existing central water distribution system consisting of naro wells, 5 and 6, registered pursuant to State Engineels Permit Numbers 78747 and 40906-F. The water system will prorrid" both domestic and irrigation uses. Sewage disposal will be handled through individual septic disposai systems. The Los Amigos Ranch Partnership owns water rights as described in Water Court Case Nos. W-3873, W-2156 and W-3893 for diversions from the naro wells, 5 and 6, with augmentation water supplied through a contract with the Basalt Water Conservancy District. These rights are sufficient to *tisfy the requirements of the existing 48 units at Auburn Ridge Apartrnents, the 10 platted lots in Subdivision II, Filing 1, as well as the 21 proposed lots to this submission. Based on the adequacy of the water rights in question, this office can recorlmend approval of preliminary subdivision approval, as well as final subdivision approval, if all conditions remain as stated in the June 25, 1992 Preliminary Plan Submittal. Should you have further questions or comments, please contact me. Sincerely, JTS/clf:larsub cc: Or1yn Bell, Division Engineer Joe Bergquist, Water Commissioner Steve Lautenschlager WorfrW-fi* J[,Fy r. dalpington 'J lVater Resources Engineer !!:;;; ffiEDIST TEL : 1 - J0 -<-!1b i) - (J: b I seF 18,92 L"2:l'l Nn.Ut-r1 l-'.t12 eARBOTDAI.iEIRI'RAI,FTREPROEECIIOTDISIRIC,I 3OO Xoadorcod DrIYecarboadati:rfiiiifit" 8162g FAr 303-963-0559 Sept. l7 | 1992 Mr. Dean Gordon Schnueser, Gordon arrd MeYer Ine. lOOl Orand Ave. EuLte 2-E Glenwood Eprlngs, CO 81501 DGar Daaa, r would ltke to offer the followlng eornfrentE to you_ regardLng flre irlt""tr!" 1"" Ur" r,oe enrltoi -i"f:Alvlalon locJtad ot't of oounty road 114 in AartiefA countyf I have met wtth Mr. Greg Boeker of Loe n*t;o;;-aaa t6;tffi we harie *affea the Broperty, and dlesueaed the followtng Polntr. Ehc Cerbondale & Rural FJ.re Protectlon Dletrlct wtll provlda flre protectlon and Entrgeil3y. MedIcaI Earvicea to tbe eub-dlvLalon' Reaponse to tt " e..U1-atriefon wl1l bE f rom bot'h the dlEtrl'ct' e weeLend gtatlon and It'" ,n"1n statLon ln Carbondale. Reeponea Llaa to-tf," eub-dfvi"f"" w11I aversge approxlmately 10-12 mlnutee' I{atar eupply for fl.re protectlon wtll bs eupplled by- the . Bub- dlvl.eioae wat;-;y;;; ina nsa" avatlabte to E-tre fLre dapartnent through f lre tryaiirrt". ftre Blsc€$sn-t o.f the lYdrante lg adcquats iia "6*ect ae-l.ndLcated on-the prclSnlnary plat. leceee to tha sub-dlvtelon Ls adcquate wlth ths followlng execPtLorre. An B$ergeney egraee/accBsE Ie rreedad betreen the upPPr and rnlddle cur-de-eacs, ;'"-"- il 1;; ;.td end rrature of the rJia 1qv91t' .the epec!.f!.catlons of the "gt.""7""EoEe ehould lnclude the followtngt 1. lPProrclmatelY tZ faEt wl'de 2, uiitrcr gravel or road baea aurfaoe 3. nccee-"rir. -to utlr the ftre departrnent for omarEancy. acoeEa cndtotheregldentcforeuergencyegr€Eslnarrcxtrene f Lre sl'tuatLon ' Acceas to the lower { lots eB propoaadr utll'Lzee a road wtth 12t grades rhrci "rii-""q=iri ;; -"-;;"Ptlon from the countlcs road etandards. After walklng tha property and avaluatlno thc flre hazard anarysls f,or the aul-arvritorr, r would rBcoililend ipproval of the e*emPtlon. Due to the locatlon, vegstatlon and acceee to the IroB lmJ'gos :"P- dlvLeLon I would strongly t"L"nngud that a condltlon of aosroval ba nade that aII roof e wfthfi tUir- s"n-alfvfsX;-Le ot non-e6frbuetlble materl"ale. SCHMUESEB Gt I MEYER 'NC. lbvernber 27, 1989 Mr. Il,Iark Bean C,arfield County Building, Sanitation arxl PLannirg Department 109 8th Street, Suite 303 Glenr,rood Springs, CO 81601 2 Grand Avenue, Suite 212 -.-owood SPrings, Colorado 81601 (303) 94s-1004 DEC 7 GARFiELU RE: I,todified Develotrment, Ios Anigos Ranch Partnership Dear I,Ir. Bean: Rrrsuant to our meeting on Ihursday, Ibvenrber 16, 1989, outlines the plan of Ios Lrnigos Ranch Partnership (IARP) letter furlher develop IARP SuMivision II and addresses issues involved with this desired further develo;ment. As you are aware, IARP obtained Preliminary Plat. Approval for SuMivision II and Fina1 Plat Appnoval for Filing 1, Subdivision ff. IARP has constructed all improvements for the eight tots contained in Filing 1t including urdergrourd 9as, sanitary sewer, water, electric and teleprone utilities. IARP now wishes to market these eight lots and dditional lots in Subdivision II. However, market factors dictate that further develotrment be npre Iimited than the setrnrated 25 lots designated on the Preliminary PIat as Filing 2, Subdivision II. ltrerefore, IARP desires to extend the existing roadway and utility lines to 10 adjacent lots (shown on the Preliminary Plat as a portion of Filing 3) for a total available offering of 18 lots. LARP seeks final plat approval for this 10-1ot section of Fiting 3 prior to final approval of rilirq 2 and the remaining nine lots of Filing 3, rahich lots are separated frorn Filing 1 ard require distinct and separate roadways and utility lines. Hopefully, this can be achieved by simply redesignating said 10-1ot portion of Filing 3 as "Filing 2" or "Filing 3a". with this nodification, IARP will then expard the existirg water storage capacity of the water system ard extend roadway access ard utilities into the 10-1ot filing. llhe additional 10 lots will not affect the fire protection capacity of the water system. fn the Preliminary Plat Approval for IARP SuMivision II (Resolution Iio. 82-182), there vrere certain conditions applicable to develoSment reguirements. ltre County reguired that LARP meet six mnditions in Resolution IrIo. 82-182 (libs. 2, 5t 6,'7,8 and 9) prior to final appro- va1 of Filing 1, SuMivision II. IARP fulfilled Lhese six conditionsprior to May 29, 1984 (see Final PIat Submission Filing 1, SuMivision If, pages 1-7) and subsequently obtained Final PIat Apprcval for Filing 1 (Resolution \b. 84-123). Mditionally, conditions #3 and #4 are standard arxl universal to all lots in SuMivision II. They require designated buildinq envelopes, vehicular access and a plat note that engineered sewage disposal systems will be necessary, prior to final approval. this to CONSULT'NG E'VG'NEEPS & SURYEYORS f1J \ ii l.J'l.r ' ., I Iibvernber 27, 1989 lvlr. Ivlark Bean C,arfie1d County E:i1ding, Sanitation ard Plannirg Department Page tuo Further, trto oonditions hrere inserted into the Preliminary PIat Approval for Subdivision fI, wtrich pertain to the P.U.D. as a wLrole. Ttre County directed that conditions #t and #10 be $rased into SuMi- vision II for trnrformance. Speeifically, each of these onditions is to be fulfilled prior to final approval of Filing 3. Condition #1 requires atrproval of a water augrmentation plan from the District Water Court and the State Division of tr{ater Resources prior to final plat atrproval of Filing 3. Likewise, condition #10 reguires LARP to pay the sr-un of $321700 to the County for the P.U.D.rs rcad improvernent onrnit- ment on County bad 114 prior to final approval of Filing 3. Resoolu- tion Ib. 84-123 states that said sun "shal1 be paid at the time offinal plat approval for Filing 3 in SuMivision rI of the Ios Anigos Ranch P.U.D., in such form as requested by the Board of County Conrnissioners of Garfield County". IARP has been seeking augmentation water through the Basalt Water Consenrancy District ard, alLhough IARP only need 66 acre/ft under the Basalt Augrmentation Plan, IARP has leased 100 acre/ft. of water augmen- tation since 1984 to ensure dequate augrmentation. Unfortunately, theDistrict Water Court has rpt yet approved the Basalt lrugmentation Plan. Ihe Basalt Water Conservancy District has assured IARP for the last ttto years that only "technical housekeeping matters" are delaying final a;rproval, but IARP is unable to forecast ufien approval will be obtained. 0:r current lease arrangenent, however, provides a legal sourc€ of argrmentation water and meets this ondition. IARP wishes to know ratrat steps are required to meet P.U.D. reguire- ments, and specifically, the phasing requirements contained in ondi- tions #1 and #10, in order to obtain Final Plat approval of its rcdi-fied plans. Please advise us in ths regard and contact us if )Dureguire any additional information. Respectfully submitted, SCHMUESER CNRMN MEYER, INC.Iff A}4ICS RATrcH PART}IERSHIP .-\ \ DseussFo u/ //efrrz-^/; O//j/I.+E /^/',6o,1b / tz/t3- eZ- - paduo* ./aT C aartZ ux-arto'a/ - SCHT'UESEF G V MEYEP ,,VC, December 6, 1989 Mr. Richard H. Bowman, P.E. Oolorado DepartmenL of Health 222 South 6th Street, Room 232 Grand Junction, C0 81501 RE: Spring Va1ley Sanitation District Dear Dick: This is in response to lour Irlovember 30, 1989, letter. We do not agree with the interpretation of the emergency crrntainmenb berm as a third oe1l to our lagoon system. Effluent disposal from the Spring Valley system is by percolation trnnd. As rnight be extrnct€d, \re have seen a general decrease in the percrrlation rate over the last ten years. the snergency containment berm was constructed to avoid an ernergency situation wLrich r.rculd come about upon c^/erflow fron the percolation trnnd anrl dischargre into Cattle Creek ard the Roaring Fork drain- age system. The emergency containment berm raould essentially prevent any discharge to State waters until remedial measures could be taken. the in- tent of the berm is not to create an additional treaLment cell in order to increase the capacity of the systern. We understand that, once an cnzerflow does take place, the District will be restrnnsible for ddressing that situation. At the current time, it is our intent to increase our trnrcolation pond capacity by utilizirrg the area behind the energency ontainment berm as dditional percolation pord area.It is rxot Lhe Districtrs intent to enlarge Lhe capacity of the treatment system, nor to change the capacity of tfre system frsn a discharge permit perspective. Ttre sole intent roculd be to maintain an adequate trnroolalionrate in the system to nnintain current treatment Ievels. Because of the e:<istence of the ffiergency containment berm, there will be rp charge to waters of the State. If r*e determine that an cnzerflow frotn the percolation will be sninent durinq the next calendar year, then we will proceed to address that situation. Our initial approach will be to meet with lour office in order to define the procedures under whrich we r,ould p:oceed. As stated above, it is our intent not to chanee, in any way, the treatment capacity of the system but, rather, to maintain our current peroolation capa.bil ities . I trust that this satisfies )acur concerns ard further explains our intent. We will be in contact with 1ou as the situation requires. Sincerely, SCHMUESER MRMN IIMYER, INC. Deankes DE1 ItrtfG:1 2 Grand Avenue, Suite 212 -.;owood SPrings, Colorado 81601 (303) 945-1004 CONSULI'NG ENGINEERS & SUBYE cc: Mr. Greg Boecker GARFIELD COUNTY DEPARTMENT OF BUILDING SANITATTC)N AND PLANNING December J.5, 1989 Dean W. Gordon Greg Boecker 1512 Grand Avenue, Suite 212 Glenwood Springs, CO 81601 Re: Los Amigos Ranch P.U.D. Subdivieion II Dear Mr. Gordon and Mr. Boecker: After reviewing your November 27, 1989 letter with Don DeFord, Garfield County Attorney, we agreed that the proposed change in the phasing seqluence for Los Amigos Ranch Partnership, Subdivieion II, does not reguire resubmittal of a Prel-iminary PIan. lthis aE €rumes that the Final Plat and associated agreements gubmitted meet a.Ll of the conditions of approval contained in Reeolution No. 82-182 and there l-s no change ln the road and lot configuration. ff you have any questions, feel free to call or write to thie office, at your convenience. W*"tL Mark L. Bean, Director Building, Sanitation and Planning MLB/emh / 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 SUPPLEUENTAI DECI,ARATION FOR LOS A.I.IIGOS RANCH PLANNED UNIT DEVELOPMENT GARFIELD COUNTY, COLORADO THIS SUPPLEMENTAI, DECLARATION DEVELOPMENT, GARFIELD COUNTY,is made and declared this Am5-gos Ranch Partnership, (Declarant). FOR LOS AUIGOS RANCH PLANNED INIT COLORADO (liupplemental Declaratlon) day of I L992t by Losa Colorado general partnership RECITALS A. Declarant is the owner of certain redl propertysituated in Garfield County, Colorado, described in "Exhibit A"(attached hereto and incorporated herein by this reference) knownas IJos Amigos Ranch Planned Unit Development Subdivision II,Filings 2r3, and 4 and referred to in this SupplementalDeclaration as " the Additional properties". B. Declarant has previously recorded that certain Amended and Restated Declaration of Covenants, Conditions andRestrictions for Los Amigos Ranch Planned Unit Development,Garfield County, Colorado (Amended and Restated Declaration) onFebruary 15, 1991 in Book 799 | Page 48 of the Garfield CountyClerk and Recorder..'s records a6 Reception No. 421305.C. Declarant desires to annex the Additional Propertiespursuant to the Amended and Restated Decl-aration and thereby makethe Additiclnal Properties subJect to The Amended and RestatedDeclaration, and the additional covenants, conditions andrestrictions set forth below. NOW, THEREFORE, Declarant hereby malces the followingdecraration of annexation of the Additiorrar properties anddeclarations of additional covenants, conditions and restrj-ctionsapplicable thereto: ANNEXATION OF ADDITTONAL PROPERTY 1.1 The Additional Properties known as Los Amigos RanchPranned unit Development, subdivision rr, Filings 2,3, and 4, andmore particularly described in "Exhibit l\', , are hereby annexedpursuant to Article fV of the Amended ancl Restated Declaration. L.2 The Additionar properties are hereby made subJect toa1l provisions set forth in Lhe Amended and Restated Oeclaration. 1.3 The Additional properties are hereby made subject tothe additional covenants, conditions and restrictions s6t forthin this Supplemental Declaration. ADDITIONAI COVENANTS, CONDITIONS AND RESTRTCTIONS ?.L Irrigation. Single fanily lots shall not irrigate more than 310,00 square feet of land. 2.2 Individual sewer systems. fndividual seriler systems shall besubJect to an individual sewage disposal systems (ISDS)management plan operated by the Los Amigos Ranch HomeownergAssociation. Said fSDS Management Plan shall provide for propermaintenance of owner installed individual sewei systems and shallrequire owner repair or replacement of failed syslems. The Boardof the Los Amigos Ranch Homeowners Association snatt establishthe ISDS Management Plan and promulgate the appropriate rules andregulations for its operatLon and enforcement-.- The Board shalldetermine the amount of additl-onal Association'dues necessary tofund the ISDS Management PIan and the means of collecting saidsums from Homeowners subJect to the rsDs Management pran. 2.3 Pgt contror A11 pets must be kept ondeJ strict ownercontror at all times. The Board of the Los Amigos RanchHomeowner's Association shall promulgate rules ind regulationsregardinq pet ownership and control, and may levy pet assessmentsfor violations of said rures and regutationi. By way of example,owners_ may be assessed for pets found roaming fiee of ownercontrolr or disturbing neighbors or wildrife. said petassessments shall be enforceable as set forth in Articre v,Paragrap! !.5 of the Amended and Restated Declarat.ion. Nothingcontained herein or in said rules and regutations shall llmit theright of the Board to determine a pet is-a nuisance and requireits removal from Los Amigos Ranch fUn properties, nor lirni€ theright of Los Amigos Ranch partnership, or any o\dner of Los AmigosRanch PUD property, to enforce their-property rights. 2.4 Firq Protection The Additional Properties are forested withmature pinion 3td-Juniper trees. In order to reduce the danger tohomes from tightning induced crown fires, all Homeowners shait createa defensible lPace around homesites by thinning trees within 30 feetof homes so that the crowns of trees lre at le5st l0 feet apart. Thisdefensible- space shouLd be increased on the downhill stope Lf homes.Dead branches, limbs, trees and debris must be removed flom thedefensible space area. Roofs should be constructed of fire retardantmateriars and shake/shingle roofs are specifically prohibited.Homeowners shourd instarr adequate ltghLning prot6ction. EXHIBIT A DESCH IPTION A tract of land situate in Sections 5,6,7 and 8, Township 7 South, Range 88 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the northwest corner of Lot g, Los Amigos Ranch Subdivision No.2, Filing No.1, County of Garfield, State of Colorado; thence S 81-38-Oo E 642.12 feet along the north line of said lot I and Lot 10; thence N 23-24-31 E 103.38 feet; thence S 81-15-00 E 410.12 feet; thence N 20-42-44 E 160.73 feet; thence 42.82 f eet along the arc of a curve to the left, having a radius of 490.00 feet, a central angle of 5*00-24, and subtending a chord bearing S 71-36-56E 42.80 feet; thence S 74-07-OB E 6.20 feet; thence 276.15 feet along the arc of a curve to the right, having a radius of 620.00 feet, a central angle of 25-31-12, and subtending a chord bearing S 61-21-32 E 273.88 feet; thence S 48-35-56 E 112.16 feet; thence241.12 feet along the arc of a curve to the right, having a radius of 330.00 feet, a central angle of 41-51-54, and subtending a chord bearing s 27-39-59 E 235.80 feet; thence S 06-44-02 E 68.08 feet to the existing right of way line of Los Amigos Drive; thence N 82-55-00 E 60.00 feet along said right of way line; thence N 06-44-02W A7.71; thehce 284.97 feet along the arc of a curve to the left, having a radius of 390.00 feet, a central angle of 41-51-54 and subtending a chord bearing N 27-39-59 W 278.67 feet; thence N 48-35-56 W 1 12.16 feet; thence 302.88 feet along the arc of a curve to the lef t, having a radius of 680.00 feet, a central angle of 25-31-12, and subtending a chord bearing N 61-21-32 W 300.38 feet; thence N 74-07-08 W 6.20 feet; thence 473.00 feet al'ong the arc of a curve to the right, having a radius of 430.00 feet, a central angle of 63-01-33, and subtending a chord bearing N 42-36-22 W 449.51 feet; thence 473.00 feet along the arc of a curve to the right, having a radius of 430.00 feet, a central angle of 63-01-33, andsubtending a chord bearing N 42-36-22 W 449.51 feet; thenceN 11-05-35 W 96.26 feet; thence S 78-54-25 W 60.00 feet; thenceN 11-05-35 W 132.04 feet; thence 193.55 feet along the arc of a curve to the left, having a radius of 312.19 feet, a central angle of 35-31-22 and subtending a chord bearing N 28-51-16 W 1,90.47 feet; thence N 46-36-57 W 160.43 feet; thence S 41-51-08 W 286.77 feet; thence N 53-53-09 W 105.80 feet; thence N 70-37-26 W 189.83 feet; thence N 87-34-22 W 390.91 feet; thence N 68-26-30 W 438.14 feet; thence N 68-26-30 W 516.04 feet; thence S 02-58-54 W 742.81 feet; thence S 28-30-08 E 352.86 feet; thence N 87-29-00 W 39.07 feet; thence S 02-31-00 W 100.00 feet; thence S 30-08-08 E 97.81 feet; thence S 01-03-03 W 513.76 feet; thence S 27-36-52 E 343.40 feet; thence N 90-00-00 E 352.91 feet; thence N 17-53-47 E 531.45 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 to the point of beginning, containing 59.14 acres more or less. SUPPLEI{ENTAT DECI,ARATION FOR LOS AMIGOS RANCH PLANNED UNIT DEVELOPI{ENT GARFIELD COUNTY, COLORADO THIS SUPPLEIT{ENTAI DECLARA1TION FOR LOS AMIGOS RANCH PLANNED I,NTT DEVELOPI,IENT, GARE'IELD COUNTY, COLORADO (Supplemental Declaration)is made and declared this day of , L992, by Los Amigos Ranch Partnership, a Colorado general partnership(Declarant). RECTTAIS A. Declarant is the owner of certain redl propertysituated in Garfield County, Colorado, described in "Exhibit(attached hereto and incorporated herein by this reference)as Los Amigos Ranch Planned Unit Development Subdivision If,Filings 2r3, and 4 and referred to in this SupplementalDeclaratj-on as " the Additional properties,, .B. Declarant has previously recorded that certain Amendedand Restated Declaration of Covenants, Conditions andRestrictions for Los Amigos Ranch Planned unit Development,Garfield County, Colorado (Amended and Restated Declaiation) onFebruary 15, 1991 in Book 799, page 48 of the Garfield CountyClerk and Recorder,s records as Reception No. 421306.C. Declarant desires to annex the Additional Propertiespursuant to the Amended and Restated Declaration and thereby makethe Additional Properties subject to The Amended and RestatedDeclaration, and the additionar covenants, conditions andrestrictions set forth below. NOW, THEREFORE, Declarant hereby makes the followingdecraration of annexation of the Additional properties anadeclarations of additional covenants, conditions and restrictionsapplicable thereto: ANNEXATION OF ADDTTIONAI PROPERTY 1.1 The Additional properties known as Los Amigos RanchPranned unit Development, subdivision rr, Filings 2r1, and 4, andmore particularly described in ',Exhibit A', , are hereby annexedpursuant to Article IV of the Amended and Restated Declaration. t.2 The Additionar properties are hereby made subject toall provisions set forth in Lhe Amended and Restated oeclaration. 1.3 The Additional properties are hereby made subject tothe additional covenants, conditions and restiictions set forthin this Supplemental Declaration. A" known 2.L Irriqation. Single family lots shall not irrigate more than 31000 square feet of land. 2.2 Individual sewer systems. Individual sewer systems shall be subject to an individual sewage disposal systems (ISDS) management plan operated by the Los Amigos Ranch Homeowners Association. Said ISDS Management PIan shall provide for proper_ maintenance of owner installed individual sewer systems and shall require owner repair or replacement of failed systems. The Board of the Los Amigos Ranch Homeowners Association shall establish the ISDS ltanagement PIan and promulgate the appropriate rules and reg-ulations for its operation and enforcement. The Board shall determine the amount of additional Association dues necessary to fund the ISDS Management PIan and the means of collecting said sums from Homeowners subject to the ISDS lrlanagement Plan. 2.3 Pet control A11 pets must be kept under strict owner control at aII times. The Board of the Los Amigos Ranch Homeowner's Association shall promulgate rules and regulations regarding pet ownership and control, and may lewy pet assessments foi violitions of said-rules and regulations. By way of example, owners may be assessed for pets found roaming free of owner control r ot disturbing neighbors or wildlife. Said pet assessments shall be enforceabl-e 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 determine a pet is a nuisance and require its removal from Los Amigos Ranch PUD properties, nor limit the right of Los Amigos Ranch Partnership, or any owner of Los Amigos Ranch PUD property, to enforce their property rights. 2.4 Fire Protection The Additional Properties are forested with mature pinion and juniper trees. In order to reduce the danger to homes from lightning induced crown fires, all Homeowners shall create 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 must be removed from the defensible space area. Roofs shall be constructed of non-combustible materials. Homeowners should install adequate lightning protection. ADDITIONAL COVENAI{TS, CONDITTONS AND RESTRICTIONS EXHIBIT A DESCRIPTION A tract of land situate in Sections 5,6,7 and 8, Township 7 South, Range gg West of the6th Principal Meridian being more particularly described as follows: Beginning at the northwest corner of Lot g, Los Amigos Ranch Subdivision No.2,Filing No.1, County of Garfield, State of Colorado; thence S 81-38-OO E 642.12 feet along the north line of said lot 9 and Lot 10; thence N 23-24-31 E 103.38 feet; thence S 81-15-00 E 410.12 feet; thence N 20-42-44 E 160.73 feet; thence 42.82 feet along thearc of a curve to the left, having a radius of 490.00 feet, a central angle of 5-OO-2+, and subtending a chord bearing S 71-36-56 E 42.80 feet; thence S 74-07-0g E 6.20feet; thence 276.15 feet along the arc of a curve to the right, having a radius of 620.00 feet, a central angle of 25-31-12, and subtending a chord bearing S 61-21-32 E 273.88 feet; thence S 48-35-56 E 112.16 feet; thence 241.'t2 feet along the arc of acurve to the right, having a radius of 330.00 feet, a central angle of +t-51-S4, andsubtending a chord bearing s 27-39-59 E 235.80 feet; thence S OO-++-02 E 68.08 feetto the existing right of way line of Los Amigos Drive; thence N 82-5S-oo E 60.00 feetalong said right of way line; thence N 06-44-02 W 67.71; thence ZB4.g7 feet along thearc of a curve to the left, having a radius of 390.00 feet, a central angle of 41-St-S+ and subtending a chord bearing N 27-39-59 W 278.67 feet; thence N 48-35-56 W 112.'t6 feet; thence 302.88 feet along the arcof a curve to the left, having a radius of 690.00feet, a central angle of 25-31-12, and subtending a chord beaiing N 61-21-32 W 300.38 feet; thence N 74-07-08 W 6.20 teet; thence 473.00 feet along the arc of acurve to the right, having a radius of 43O.OO teet, a central angle of 63-01-33, andsubtending a chord bearing N 42-36-22 W 449.51 feet; thence +ZS.OO feet along the arc of a curve to the right, having a radius of 430.00 feet, a central angle of 63-0'l-39, and subtending a chord bearing N 42-36-22 W 449.51 feet; thence N 11-OS-3S W 96.26 feet; thenceS 78-54-25 W 60.00feet; thenceN 11-05-35 W 132.04feet; thence 193.55feet along the arc of a curve to the left, having a radius of 312.1g feet, a central angle of 35-31-22 and subtending a chord bearing N 28-51-16 W 190.47 feet;thence N 46-36-57 W 160.43 feet; thence S 41-51-08 W 286.77 feet; thence N 53-53-09 W 105.80 feet; thence N 70-37-26 W 189.83 feet; thence N 87-34-22 W 390.91 feet; thence N 68-26-30 W 438.14 feet; thence N 68-26-30 W 516.04 feet; thence S 02-58-54 W 742.81 feet; thence S 28-30-08 E 352.86 feet; thence N 87-29-00 W 39.07 feet; thence S 02-31-00 W 100.00 feet; thence S 30-08-08 E 97.81 feet; thence S 01-03-03 W 5'13.76 teet; thence S 27-36-52 E 343.40 feet; thence N 90-00-00 E 352.91 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 to the point of beginning, containing 59.14 acres more or less. Srars RADO DTpaRTMENT OF Srars CERTIFICATE I, NATALIE LIEYER, Secxetary of State of the State of CoTorado hereby certify that the prerequlsltes for the issuanee of this certificate have been fulfiTTed in eompli- ance with Law and are found to confoxm to Law. Aceordin€Ly, the undersisned, by virtue of the authority vested in me by Law, hereby issues A CERTI?ICATE O? AI,I.ENDII.ENT TO LOS AT!.IGOS RANCH HOI!.EOI{NERS ASSOCIATION,INC., A NONPROFIT CORPORATION . Dated: APRLL 75, 1991 SECRETARY OF STA NoNPRor\I''r DATED this 2'1L day of ABSCLES OF AMENDMENT TO ARTICLES OF INCORPORATION F-f{-til AFfr ,5 ffiI *'ij{i-aii,fHff, Pursuant to the provisions of the Colorado Corporation Code, the undersigned corporation adopts the following Articles of Amendment to its Articles of Incorporation: FIRST: The name of the corporation is Los Amigos Ranch Homeowners Association, Inc. SECOND: The amendments to 'uhe Articles.of Inccrporation are set forth in the Amended Articles of Incorporation of Los Amigos Ranch Homeowners Association, InC., attached hereto and incorporated herein by this reference. THIRD: The amendments to the Articles of Incorporatj-on were adopted by unanimous consent in writing signed by all members entitled to vote with respect thereto, ds evidenced by Action by Members Without Meeting, atLached hereto and incorporated herein by this reference. FOURTH: Except as specifically provided herein, there have been no other amendments to the Articles of Incorporation. Attest: , L997. LOS A}4IGOS RANCH HOMEOWNERS ASSOCIATION, INC. STATE OF ILLINOIS COUNTY OF COOK )) ss. ) ev -a-- rd President .Ihe foregoing-.instrument was acknoyJedged , = 'L;=f $qv ot (:{l,i"t i' ,/ .L9974 -by 'l){..2',irt the President, and dttested to by ..OFFICIAI, SEAL" Elizabeth A. Heffernan Notary Public, State of Illinoir My Commission Expires Aug.. 15, lg94 this w. Secretary, of Los Amigos Ranch Homeowr.iers 'Association, Inc. Witness my hand and officigl seal,- /My commission expires 44 t5 4l AI{ENDED ARTICLES OF INCORPORATION OF LOS AMIGOS RANCH HOMEOWNERS ASSOCIATION INC. For the purpose of establj.shing a non-profit corporation pursuant to the provisions of articles 20 through 29, title '1, inclusive, Colorado Revised Statutes (1973), as amended, the following Amended Articles of Incorporation are adopted: ARTICLE I The name of the HOMEOWNERS ASSOCIATION, corporatlon shalI be LOS AMIGOS RANCH INC. ARTICLE II DURATION The period of duration of this corporation shall be perpetual. ARTICLE IIIPURPffi PowERS This corporation does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it, is formed are to provide for maintenance, preservation and architectural control of the Lots, Buildings, fmprovements, Common Area and rights-of-way within the Properties as defined in the Declaration and located in Garfield County, Colorado, j.ncluding, without limitation, the following: A. To exercise all of the powers and privileges and to perform aII the duties and obligati.ons of the corporation as set forth in that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions for Los Amigos Ranch Planned Unit Development, Garfield County, Colorado, hereinreferred to as the "Decl-aration, " applicable to the Properties and recorded in the Office of the Clerk and Recorder ofGarfield County, Colorado, and as the same may be amended or supplemented from time to time as therein provided, such Declaration being lncorporated herein as if set forth at length; B. To fix, Ievy, collect and enforce payment by anylawfuI means, all charges or assessments pursuant to the termsof the Declarationi to pay all expenses in connectiontherewith and all office and other expenses incident to theconduct of the business of the corporation, including alllicenses, taxes or governmental charges levied or imposedagainst the property of the corporationi C. To borrow money and, with the approval of two-thirds (2/3) of each class of members, to encumber or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; and D. To have and exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of t.he State of Colorado by law may now or hereafter have or exercise. ARTICLE IV MEMBERSHIPS L. This corporation shaIl be a membership corporation without certificates or shares of stock. There shall be two (2) classes of voting membership: A. Class A members shall be all O!.rners of Lots, with the'exception of Declarant, and shall be entitled to one (1) vote for each Slngle-Family or Rural Residentlal Lot owned, and three (3) votes for each Mu1ti-Family Lot owned. When more t,han one person holds an interest in any Lot, all such persons sha]I be members. The vote for such Lot shall be exercised as they determine, but in no event shaII more votes than allocated above be cast for or on behalf of any Lot. B. Class B members shall be Declarant (as defined in the Declaration) which shall be entitled to three (3) votes for each Single-Family or Rural Residential Lot and nj-ne (9) votes for each Multi-Family Lot owned by Declarant or planned for development j.n Los Amigos Ranch Planned Unit Development, but excluding that part of the planned unit development known as Subdivision I. Class B membership shall cease and be converted to Class A membership when the total votes outstanding in Class A membership equal the total votes outstanding in Class B membershj.p. Declarant may cast aII Class B votes held by it, irrespective as to whether or not Lots subject to Class B membership have been finally platted. 2. A membership in the corporation and the share of a member in the assets of the corporation shall not be assigned, encumbered or transferred ln any manner except as an appurtenance to transfer of title to Lots within the Propertj-es; provlded, however, that the rights of membership may be assigned to the holder of a mortgage, deed of trust r ot other security instrument on property of an Owner as further security for a loan secured by a lien on such property. 3. A transfer of membership shall occur automatically uponthe transfer of title to the Lot to which the membership pertains;provided, however, that the By1aws of the corporation may contain reasonable provj.sions and requirements with respect to recording such transfers on the books and records of the corporation. 4. The corporation may suspend the voting rights of a member for failure to comply with the rules or regulations of the corporation or with any other obligations of the Owners under the Declaration. 5. The Bylaws may contain provisions, not inconsistent with the foregoing or with the Declaration, setting forth the rights, privileges, duties and responsibilities of the members. ARTICLE V BOARD OF DIRECTORS 1. The business and affairs of the corporation shall be conducted, managed and controlled by a Board of Directors. The Board of Directors shall consist of not less than three (3) nor more than seven (7) members, the specific number to be set forth from time to tj-me in the Bylaws of the corporation. In the absence of any provision in the Bylaws, the Board shall consist of three (3) members. Members of the Board of Directors need not be members of the corporation or residents of the State of Colorado. 2. The members of the Board of Directors shall be elected at the annual meeting of the corporation in the manner determined by the Bylaws. In such case, cumulative voting shall be allowed. 3. Directors may be removed and vacancies on the Board of Directors shall be filled in the manner to be provided by the Bylaws. 4. The Board of Directors frdY, by resolution, create an Executive Commlttee of the Board. The number of members of the Executive Committee and the persons who shall be members thereof shall be determined by the Board of Directors, consistent with applicable .Iaw. Unl-ess limited by resolution of the Board or by applicable 1aw, the Executive Committee shaII have all of the powers of the Board to arrange and direct all of the business affairs of the corporation and, whenever action is required to be taken or may be taken by the Board such action may be taken by the Executive committee and sha1l be deemed to have been taken by the Board of Directors. 5. The names and addresses of the members of the first Board of Directors who served until the first election of directors and until their successors were duly elected and qualified were as follows: 3 Name Thomas E. Neal James A. R. Johnson Mary Beth Jomer Any vacancies in the Board election of directors sha1l Address c/o Los Amigos Ranch 2929 County Road 114 Glenwood Springs, CO 81601 c/o Los Amigos Ranch 2929 County Road ILA Glenwood Springs, CO 81601 129A7 Hvry 82Carbondale, CO 87623 of Directors accruing before the first be filled by the remaining directors. ARTICLE VI OFFICERS The Board of Directors may appoint a president, one or more vice presidents, a secretary, a treasurer and such other officers as the Board believes wilt be in the best interest of the corporation. The officers shall have such duties as may be prescribed in the Bylaws of lhe corporation and shal1 serve at the pleasure of the Board of Directors. ARTICLE VII COT{VEYANCES AND ENCI,'MBRANCES Corporate property may be conveyed or encumbered by authority of the Board of Directors or the Executive Committee of the Board or such other person or persons to whom such authority may be delegated by resolution of the Board or the Executive Committee of the Board. Conveyances or encumbrances sha1l be by an instrument executed by a president or a vice president and by a secretary or an assistant secretary, or executed by such other person or persons to whom such aut.hority may be delegated by the Board or Executive Committee of the Board. ARTICLE VIII MANAGEMENT PROVISIONS The following provisions are inserted for the management of the business and for the conduct and affairs of the corporation, and. the same are in furtherance of and not in Iimitation or exclusion of the powers conferred by law: A. No contract or other transaction between the corporation and any one or more of its directors or any other corporation, flrm, assoclatlon or entity in which one or more of its directors are directors or officers or are financial'Iy interested shall be either void or voidable so1ely because of such relationship or interest or solely because such directors are present at the meeting of the Board of Directors or Executive Committee thereof which authorizes, approves or ratifies such contract or transaction or solely because their votes are counted for such purpose if: (1) material facts as to such relationship or interest and as to the contract or transaction are disclosed or are known to the Board of Directors or the Executive Committee, and the Board or Executive Committee in good faith authorizes, approves or ratifies the contract or transaction by the affirmative vote of a majority of the dislnterested directors or committee members, even though the disinterested directors or committee members are less than a quorumi or (2) the material facts of such relationship or interest and as to the contract or transaction are disclosed or are known to the directors or committee members entitled to vote thereon, and the contract or transaction is specifically authorized, approved or ratified in good faith by a vote of the directors or committee members; or (3) th6 contract or transaction was fair as to the corporation. Interested directors or committee members may be counted in determining the presence of a quorum in a meetj-ng of the Board of Directors or the Executive Committee which authorizes, approves or ratifies the contract or transaction. B. To the fullest extent allowed by applicable Colorado Iaw, no director or committee member shal1 have any personal liability to the corporation or to the corporation's members for monetary damages for breach of fiduciary duty as director or committee member. C. Members of the Board of Directors or any Executive Committee of the Board or other committee authorized by the Board or the Declaration may attend meetings thereof by telephonic conference caIl, and such attendance shal1 be deemed a substitute for personal attendance. ARTICLE IX REGISTERED OFFICE AND AGENT The registered office of the corporation shal1 be 2929 County Road LLA, Glenwood Springs, Colorado 81601. The registered agent at such office shall be Greg Boecker. 5 ACTION BY MEMBERS WITHOUT MEETING RECITALS: A. The undersigned, Los Amigos Ranch Partnership, a Colorado partnership, is the only member of Los Amigos Ranch Homeowners Association, Inc. by virtue of its ownership of aII of the lots planned for development in Los Amigos Ranch Planned Unit Development located in Garfield County, Colorado. B. The undersigned is informed of a resolution adopted by Action of Board of Directors Without Meeting for the purpose of'amending the Articles of Incorporation of Los Amlgos R9n9h Homeowners Assocj-ation, Inc., and, having received and reviewed the proposed amendments, wishes to consent to the same without meeting as permitted by section 7-23-110, C.R.S. NOW, THEREFORE, in consideration of the recj.tals set forth above, and being ful1y advised as to the proposed amendments to the Articles of Incorporation, Los Amigos Ranch Partnership does hereby ratify, consent and approve of the Amended Articles of Incorporation of Los Amigos Ranch Homeowners Assoc.i.ation, Inc. and waives any requirement of notice of meetings of members for the purpose of taking the action herein without meeting pursuant to section 7-23-110, C.R.S. The*foregoing Ac_tion of Members Without Meeting is effective Et.e &1 J-q day of l.-cbrc"o., ., , 1991.T LOS AMIGOS RANCH PARTNERSHIP, a Colorado partnershiP By artnerThomas E. Neal, Managing SS: FL I (Rev.6/90) DEPARTMENT OF STATE Corporations Section 1560 Broadway, Suite 200 Denver, Colorado 80202 (303) 894-22s1 Your Articles of Incorporation, Application for Certificate of Authority or Certificate of Organization has been accepted and filed. The enclosed Certificate is issued to you as evidence and authority to transact business in this state. As an authorized corporation or limited liability company, you are required to continuously maintain both a Registered Agent and a Registered Office in this state. Any change of Agent or Office requires the filing of a statement to that effect within thirty days of such change. In addition, every corporation and limited liability company is required to file a report each biennium (every other year). Previously, reports were mailed in January and were due by May l. Because of changes in legislation, reports will be mailed throughout the year to corporations and limited liability companies in the month in which they were filed. A corporation incorporated in January would receive its report in January. The due date for reports is the end of the second month after the month in which the report was mailed. For example, reports which were mailed in January would be due by the end of March. Corporations incorporated in odd numbered years will be required to file in odd numbered years and corporations incorporated in even numbered years will be required to file in even numbered years. The report will be mailed to your registered agent at the registered office as shown on our records. All reports must be typewritten on the OCR Form mailed to you by the Secretary of State. If you are in need of any further seryice, please contact us. Our office hours are from 8:30 to 5 p.m., Monday through Friday. Telephone Number: 894-2251. Our best wishes for success in your new venture. *\:6 (4 ) Ai/* J\\\E.Y_#z/t <J-tr 4 AMENDED AND RESTATED BYLAWS OF LOS AMIGOS RANCH HOMEOWNERS ASSOCIATION, INC. ARTICLE I GENERAL 1. Definitions. The definitions contained in the Amended and Restatila Oecfaration of Covenants, Conditions and Restrictions for Los Amigos Ranch Planned Unit Development, Garfield County, Colorado (Oellaration), recorded in the Garfield County, Colorado, Clerk and Recorder's records, shal1 apply to the same words whenever used in these Bylaws and shown with the first letter capitalized. 2. Principal Office. The principal _ office of the corporatioffiCountyRoadtL4,G1enwoodSprings, Col-orado 81601. The Board of Directors in its discretion may keep and maintain other offices within or without the State of Colorado whenever the business of the corporation may require. ARTICLE II MEMBERSHIPS 1. Me@ehipq. AI1 Owners of Lots within the Properties shall be niEmners-Ln- tne corporation. The corporation sha1l have two (2) classes of voting membership as follows: (a) class A Members shaIl be aIl Owners of Lots, excluding Declarant. Owners of Single-Family anq Rura1 nesidential Lots shall be entitled to one (1) vote for each such Lot owned and Owners of MuIti-FamiIy Lots shall be entitled to three (3) votes for each such Lot owned. When more than one person holds an interest in any Lot, all such persons shaIl be members. The vote for such Lot shalI be exercised as they determine, but in no event shall more than the votes allocated to a Lot be cast by or on behalf of any Lot. (b) Class B Members shall be Declarant (as defined in the Declaration) which shall be entitled to three (3) votgs for each Single-Family and Rural Residentiat Lot and nine (9) votes for ealh Multi-FamiIy Lot owned or planned for the Los Amigos Ranch Planned Unit Development, but excluding that por[ion of the planned unit development known as Subdivision 1. Class B memLership shall cease and be converted to Class A membership when the total votes outstanding in C1ass A membership equal the total votes outstanding in Class B membership. Declarant may cast aI1 Class B votes held by it, irrespective as to whether or not Lots subject to Class B membership have been finally platted. 2.. A membership in the corPoration assets of the corPoration shalland the share of a member innot be transferred, pledged or alienated in any way except upon transfer of title to the Owner's Lot, and then only to the transferee with title to such Lot. The corporation shall be entitled to treat the person or persons in whose nErme or names the membership is recorded on the books and records of the corporation as a member until such time as evidence of transfer of title, satisfactory to the corporation, has been submitted to the secretary. The right to vote may not be severed or separated from the Lot ownership to which it is appurtenant, and any sale, transfer or conveyance of such Lot to a new Owner or Owners shall operate to transfet the appurtenant vote without the requirement of any express reference thereto in the instrument of conveyance. 3. Voting Rights. Where the vote of the members is required or permitted by the Declaration, the statues of the State of Cololado, the articles of Incorporation or these Bylawsr aoY one of the co-Owner's of a membership present or represented by proxy may cast such of Owner's votes. Proxies must be executed in writing by the Owner or co-Owner or his duly authorized attorney in fact and must be filed with the secretary before the appointed time of each meeting. No proxy shall be valid after eleven months from the date of its execution unless otherwise provided in the proxy. The corporation may suspend the voting rights of a member for failure to comply with rules and regulations of the corporation or for failure to comply with any other obligations of the Owners under the Declaration. 4. Annual Meetings. An annual meeting of the members for the purpose of voting on such matters as properly may come before the meeting shall be held on the 6th day of September of each year at a convenient location in Garfield County, Colorado, to be selected by the Board of Directors. Directors shall be elected at every second annual meeting beginning in L992. 5. Special Meetings. Special meetings of the members may be called at any time by the president or by a majority of the Board of Directors or by twenty percent (20t) affirmative vote of the membership, and shall be held at a convenj-ent location in Garfiel-d County, Colorado, to be selected by the persons calling the meeting. 5. Notices; Tf,aiver. Notices of annual and special meetings of the members must be given in writing and must state the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is ca1led. Such notice shall be delivered not l-ess than 10 nor more than 50 days before the date of the meeting, by or at the direction of the president, or the secretaryr ot the persons calling the meeting, and shalI be given to each Owner or co-Ow'ner of a membership entitled to vote at such meeting. Any notice given pursuant to this Article II shall be deemed to be detiverea wnen deposited in the United States mail addressed to such Owner or co-Ow'ner at his address as it appears on the records of the corporation, with postage thereon prepaid. Written waiver of notice signed by the person or Personsentitled to such notice, whether before or after the time stated therein, shall be equivalent to the giving of such notice. 7. Ouorum; Vote Required: Adjournment. One-half of the votes, represented in person or by proxy, shall constitute a quorum at any meeting of members. ff a quorum exists, the action of a majority of the votes present or represented by proxy shall be the act of the members. If a quorum does not exist, a majority of the votes present in person or by proxy may adjourn the meeting from time to time without further notice other than announcement at the meeting. 8. Action of Members Without a Meeting. Any action required to be takenr oI any action which may be taken, dt a meeting of the members, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Owners and co-Owners of memberships entitled to wote with respect to the subject matter thereof. ARTICLE ITI BOARD OF DIRECTORS 1. Number. The Board of Directors shall consist of three (3) members. The number of directors may be increased or decreased by amendment of these Bylaws; provided, however, that the number of dj-rectors shall not be reduced to fewer than three (3) nor increased to more than seven (7)i and, provided further, that no decrease in the number of directors by amendment of these Bylaws shall have the effect of shortening the te::rn of any i-ncumbent director. 2. Oualification: Election; Term. Directors need not be members of the corporation, need not be residents of the State of Colorado, and shall be elected by the members of the corporation attheir annual meeting as provided by above. The currently servingdirectors consisting of Barbara FI. Neal, Thomas E. Neal and GregoryS. Boecker shall serve until the annual meeting in L992, and untiltheir successors are duly elected and gualified. Directors shall be elected for a term of two (2) years t ot until their successors are duly elected and qualified. 3. Removal; Resiqnation. At any meeting of members, the notice of w urpose, directors may be removed in the manner provided by the statutes of Colorado. Any director may resign by iubmitting a written notice to the Board stating the efteEtive date of his resignation, and acceptance of the resignation shalt not be necessary to make the resignation effective. 4. Vacancies. Any vacancy in the Board of Directors and any directorsnfu-to UeTiIled by reason of an increase in the number of directors may be filled by an affirmative vote by a majority of the remaj-ning directors, though less than a quorum, of _the Board. A director selected to fiII a vacancy on the Board shall hold office for the unexpired term of his predecessor in office. Any dj.rectorship tt ne fiIled by reason of an increase in the number of directors may be filled by the Board of Directors for a term of office continuing only until the next election of directors. 5. Meetings. There sha1l be a regular annual meeting of the Board immeaia@following the annual meeting of the members of the corporation, and the Boird may establish regular meetings to be held ai such other places and at such other times as it may determine from time to time. After the establishment of the time and place for such regular meetings, no further notice thereof need be jiven. Special meetings of the Board may be called by the pres-ident, or- rpon written request delivered to the secretary of the corporation, by any two directors. 6.Notices; WaiveEs. Three days' notice of special meetings sha11ue9ffiCtorbythesecretary.Suchnoticemaybe given in person, orally, or in writing to each director' Neitier the buliness to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need to be sp5cified in the notice or waiver of notice of such meeting. Written waiver of notice signed by a director, whether before or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a director at any meeting shall constitute a waiver of notice of such meeting except when a director attends a meeting for the express purpose of objecting to the transaction of any buslness because the meeting is not lawfulIy caIIed or convened. 7. Quorum; Vote Reguired; Adiournment. In any meeting of the Board i of directors acting ang qualified, shal1- conJtitute a quorum for the transaction of business. The act of a majority of the directors present at a meeting at which a quorum is present, shall be the act of the Board of Directors, excepC as otherwise specifically required by law, the Articles of Incorporation or these Bylaws. If a quorum does not exist, a majority of the directors present may adjourn the meeting from to time without further notice other than announcement at the meeting. 8. Action of Directors Without a Meeting. Any action required be taken, dt a me6ting of the directors, may be taken without a meeting if a conseni in writing, setting forth the action so taken, shalI be signed by all of the directors entitled to vote with respect to the subject matter thereof . Executive Committee of Board of Directors. The Board of9. Executive Committee of Board ot ptrectgrs. Directorsr of the directors 1n office, ffidy designate and appoint an Executive Comm.ittee of the Board. The number of members of the Executive Committee and the persons who shall be members thereof shall be determined by the goard but the number of such members shall not be fewer than two (2\. Unless limited by resolution of the Board, the Executive Cornmittee shall have and exercise aII the authority of the Board of Directors, except that such Committee shall not have the authority of the Board of Directors in reference to amending, altering or repealing the Bylaws; electing, appointing or removing any member of such Committee or any officer or director of the corporation; amending the Articles of Incorporati-on; restating the Articles of Incorpoiation; adopting a plan of merger or adopting a plan-of consolidation with another corporation; authorizLng the saIe, Iease, exchange or mortgage of all or substantially all of the property and issets of the corporation; authorizing the voluntary aislotulion of the corporation or revoking proceedings therefor; adopting a plan for the distribution of assets of the corporation; or imeniirg, altering or repeating any resolution of the Board of Directors *tricfr, by j-ts terms, provides that it shall not be amended, altered 9i repealed by such Committee. A11 of the provisions in these Bylaws with respect to notice of meetings of lirectors, quorum at such meetings, voting at such meetings and waivers of notice of such meetings shatl be applicable to the meetings of the Executive Committee. LO. Compensation. By resolution of the Board of Directors, any airectolTay-Ue paia any one or more of the following: his e*!"nses, if aiy, of attendance at meetings; a fixed sum for atlendance at each meeting; or a stated salary as director. No such payment sha11 preclude any director from serving the corporltion in any other capacity and receiving compensation therefor. 5 ARTICLE IV OFFICERS L. General. The officers of the corporation shall consist of a presiaEnElone or more vice presidents, and a secretary/ treasurer, each of whom shall be appointed by the Board of Directors to serve for terms not exceeding one ( 1 ) year as prescribed by the Board. The Board of Directors may appoint such other officers, agents, managers and employees as it may deem necessary or desirable. Officers may be, but need not be, directors or members in the corporation. Any person may hold two or more offices simul-taneously, except that the president shall not hold any other office. 2. President.The president sha11 be the prirtcipal executive officer of the corporation and, subject to the control of the Board of Directors, shall direct, supervise, coordinate and have general control over the affairs of the corporation, and sha1l have the powers generally attributable to the chief executive officer of a corporation. The president shall preside at all meetings of the members of the corporation. 3. Vice Presidents. Vice presidents may act in place of the preSidentffideath,abSence,inabi1ityorfaiIureto act, and shalI perform such other dutj-es and have such authority as is from time to time delegated by the Board of Directors or by the president. 4. SecrelgrI. The secretary shal-I be the custodian of the records and of tfre seal of the corporation and shall affix the seal to alI documents requiring the same; shall see that all notices are duly given in accordance with provisions of these Bylaws and as required by law, and that the books, reports, and other documents and records of the corporati.on are properly kept and filed; shall keep minutes of the proceedings of the members, Board of Directors and Executive Committee; sha1I keep at the registered office of the corporation a record of the names and addresses of the Owners and co-Owners entitled to vote; and, in general, shall perform all duties incident to the office of secretary and such other duties as mdy, from time to time, be assigned to him by the Board of Dj-rectors or by the president. The Board may appoint one or more assistant secretaries who may act in place of the secretary in case of his death, absence, inability or failure to act. 5. Treasurer. The treasurer shall have charge and custody of, and Ue responsible for, all funds and secuiities of the corporation, shaII deposit all such funds in the name of the corporation in such depositories as shall be designated by the Board of Directors, shall keep correct and complete records of account and records of financial transactions and condition of the corporation and shall submit such reports thereof as the Board of Directors may, from time to time, require; and, in general, shall perform all the duties incident to the office of treasurer, and such other duties as may, from time to time, be assigned to him bythe Board of Directors or by the president. The Board may appoint one or more assistant treasurers who may act in the place of thetreasurer in case of his death, absence, inability or failure to act. 6. Removal of Officers. Any officer may be removed by the Board of Directors whenever, in their best judgment, the bestinterests of the corporation will be served thereby. 7. Compensation. Officers, agents, managers and employeesshall receive such reasonable compensation for their service as may be authorized or ratified by the Board of Directors. Appointmentof an officer, agent, manager or employee shall not of itselfcreate contractual rights to compensation for services performed as such officer, agent, manager or employee. ARTICLE V RIGHTS, POWERS AND DUTIES OF rHE CORPORATION The corporation shall be and constitute the non-profitcorporate entity organized under the laws of the State of Coloradofor the purpose of furthering the mutual interests of the Owners ofthe Properties and to exercise all powers and privileges, andperform all duties and obligations, of the "corporationr " as ismore fulIy set forth in the Declaration. The corporation shall have full power and authority to exercise those rights and powersand perform those duties and obligations which are reasonable, necessary or implied in order for the corporation to accomplish itspurpose, notwithstanding the fact that such power, duty, privilegeor obligation is not expressed or enumerated in the Declaration. ARTTCLE VI ARCI{ITECTURAL CONTROL COMMITTEE 1. Organization; Power of Appointment and Removal of Members. There shalL be an Architectural Control Commi-ttee of theBoard of Directors of the corporation organized as follows: A. Committee Composition. The Architectural Control Committee shall consist of three persons. B. Members Designated. The following persons arehereby designated as the initial members of theArchitectural Control Committee whose term shall extenduntil October L, L994: 7 (1) (2\ (3) Thomas E. NeaI Barbara M. Neal Gregory S. Boecker C. Term of Office. The member shall have a term ofoffice of three years from their appointment by the Board ofDirectors. Any member appointed to replace a member who hasresigned or been removed shall serve for such member'sunexpired term. D. Appointment and Removal. The power to appoint and remove members of the Committee shall be vested sole1y in the Board of Directors. No member, once appointed, may be removedexcept by a majority vote of the Board of Directors. E. Resignations. Any member or alternate member of theArchitectural Control Committee may at any time resign fromthe committee, upon written notice delivered to the Board ofDirectors. F. Vacancies. Vacancies on the Architectural ControlCommittee, however caused, shal1 be filled by the Board ofDirectors. 2. Duties. It shall be the duty of the ArchitecturalControl Committee to administer and enforce the Decl-aration as toarchitectural and design matters. Further, the ArchitecturalControl Committee may adopt reasonable ru1es in the performance ofits duties. 3. Architectural Advisor.The Architectural Control Committee may designate an architect to be employed by the Board ofDirectors as a consultant to the Architectural Control Committee. Such architect shal1 give his advice on such matters as requestedby the Architectural Control Committee. 4. Meetings and Compensation. The Architectural Controlcommittee shalI meet from time to time as necessary properry toperform its duties hereunder. The vote or written consent of anytwo members shall constitute an act by the committee unless theunanimous decision of its members is otherwise required by theseBylaws. The Committee sha1l keep and maintain for three years arecord of all actions taken by it at such meeting or otherwise. Members of the Architecturat Control Committee shall receive suchcompensation for services rendered as may be fixed by the Board ofDirectors at its discretion; provided, however, that no Board ofDirectors member who is also a member of the Architectural ControlCommittee shall participate in determining such compensation. Al-1 members of the Committee shal} be entitled to reimbursement for reasonable expenses necessarily incurred by them in the performance of any Architectural Control Committee function. 5. Architectural Control Committee Ru1es. The Board of Directors shalI approve any rules adopted by the Architectural Control Committee, including any amendments to such rules. Such rules shalI interpret and implement the provisions of the Declarationr dny Supplemental Declarations, the Articles and these Bylaws and may set forth specific standards and procedures for review of any architectural design, placement of buildings, landscaping, exterior finishes and materials and other features for use in Los Amigos Ranch Planned Unit Development. 6. Waiver. The approval of the Architectural Control Committee 6T-l7ny pIans, drawings or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Control Committee under the Declaration shall not be deemed to constitute a waiver of any right to withhold approval of any similar pIan, drawing, specification or matter subsequently submitted for approval. 7. Liabilit.y. Neither the Architectural Control Committee nor any menffiEereof shall be lj-ab1e to the corporation or to any Owner for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings and specifications, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, and (c) the development of any property within Los Amigos Ranch Planned Unit Development provided such member has acted in good faith on the basj-s of such information as he may possess. ARTICLE VII OBLIGATIONS OF THE MEMBERS By accepting a deed to a lot and thereby membership in the corporation, each member agrees to comply with and abide by the corporation's Articles of Incorporation, the provisions of these Bylaws, the Declaration and such other rules and regulations of the corporation as shall be promulgated from time to time. ARTICLE VIII AMENDMENTS 1. Articles of Incorporation. Amendments may be made to the Articles of Incorporation in the manner provided by law by vote of the membership of the corporation at any annual meeting or special meeting of the membership, provided that the notice of such meeting states that such amendment is to be considered. of fncorporation or inconsistent with any 2, Bvlaws. These Bylaws may at any time and from time to time be amended, altered or repealed by the Board of Directors, or by vote of the membership of the corporation at any annual or special meeting, provided that the notice of such meeting states that such amendment, alteration or repeal is to be considered. 3. Limitation on Amendment.s. No of these ByIawsprovision of the ARTICLE IX NON-PROFIT CORPORATION No dividends shalI be declared or paid to any member of this corporation, nor shalI any member, upon dissolution of the corporation, be entitled for any reason to receive a distributive or bther share of assets then owned by the corporation, it being expressly understood that this corporation is not formed for profit and is t corporation which does not contemplate pecuniary gain, profit or dividends for the members thereof, it being further understood that said corporation is organized and incorporated exclusively for the purposes and objects set forth herein and in the Articles of Incorporation. Upon the dissolution of this corporation, all of its business, property and assets shall go and be set over for the use, objects and purposes set forth herein and in the Articles of IncorPoration. ARTICLE X CONTRACTS CONVEYANCES, CHECKS AND MISCELLANEOIJq 1. Contracts. The Board of Directors may authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of the corporation, except as otherwise Lpecifically required by the Articles of Incorporation or by these BYlaws. 2. Convevances and Encumbrances. Corporate property may be conveyed or encurnUered by authority of the Board of Directors or such other person or persons to whom such authority may be delegated by resolution of the Board of Directors. Conveyances or encumbrances sha1l be by instrument executed by the president or vice president and by the secretary or an assistant secretary, or execuled by such other person or persons to whom such authority may be delegated by the Board of Directors. 3. Checks. A11 checks, drafts, notes and orders for t,he payment ot-- rnoney shall be signed by the president or a vice president or the treasurer, or shall be signed by such other office of tne corporation as shaIl be duly authorized by resolution of the Board of Directors. amendment of the Articles shall be contrarY to or Declaration. 10 MureR E. Bnowx III AnonNev rr Llw l120 Gnrruo AvENUE Gnruwooo Spnrrucs. Cor-onaoo 8I60l (3O3) 945-2361 September 24, L992 Dave MichaelsonGarfield County Planning 109 8th Street Glenwood Springs, CO 81601 Dear Los Amigos Ranch Resubdivision Dave: Greruwooo SPRING5, CO 41602 of all offsite road PUD. A11 offsite Construction must be or preceding year in which a total issued within Subdivision II, said year. 3, and 4, Subdivision II will in this matter. I have reviewed the proposed resolution for the above referenced matter. Following are the requested changes: I4. A nort,hbouncl l-ett-hand turn poc.Ket C.R.114 at the entrance to the project in lieu 14. A northbound left-hand turn ket will be provided on improvement commitments of the applicant's commitments are superseded by this condition. completed by the earlier of: A. September 30, L995i B. September 30 of anyof 15 building permits have been Filings 2, 3, and 4 by May 30th of L7. All lots within Filing 2, be limited to two (21 adult dogs. Thank you for your assistance tfflk:<w WaIter WEB/ds E. Brown III