HomeMy WebLinkAbout1.1 Supplemental Infor--
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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
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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.
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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