HomeMy WebLinkAbout11. Supplemental Declaration - Amending Open Space ParcelFOURTH SUPPLEMENTAL DECLARATION TO THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR SPRINGRIDGE RESERVE SUBDIVISION
THIS FOURTH SUPPLEMENTAL DECLARATION TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR SPRINGRIDGE RESERVE
SUBDIVISION ("Fourth Supplemental Declaration") is made and entered into this day of
, 2017, by the members of the SPRINGRIDGE RESERVE HOMEOWNERS
ASSOCIATION ("Association").
RECITALS
WHEREAS, Springridge Reserve ("Subdivision") comprises the property described in
the Phase 1, 2, 3, and 4 Subdivision plats recorded at Reception Nos. 681074, 686581, 730251,
and 746495, respectively, in the real property records of the Clerk and Recorder of Garfield
County, Colorado ("Property"); and
WHEREAS, the Property is subject to the Declaration of Covenants, Conditions and
Restrictions for Springridge Reserve Subdivision recorded in Book 1720 at Page 731, Reception
No. 6810, of the real property records of the Clerk and Recorder of Garfield County, Colorado
("Master Declaration"); and
WHEREAS, the Property includes an open space parcel known as Parcel A that is shown
and described on the Subdivision Phase 1 plat ("Open Space Parcel"); and
WHEREAS, pursuant to Section III(4) of the Master Declaration, the Association owns
the Open Space Parcel, which is part of the Subdivision's common elements; and
WHEREAS, the Open Space Parcel is subject to a conservation easement that benefits
the Aspen Valley Land Trust ("AVLT"); and
WHEREAS, the Open Space Parcel is adjacent to a parcel of land outside the Subdivision
known as Parcel 11, Faranhyll Ranch, 5744 County Road 117, Glenwood Springs, Garfield
County, Colorado ("Niemeyer Parcel"), that is owned by Andy and Shirley Niemeyer; and
WHEREAS, the Niemeyer Parcel is also subject to an AVLT conservation easement; and
WHEREAS, a recent survey of the Niemeyer Parcel revealed that, due to a surveying
error, the residence owned by the Niemeyers and thought to be located on the Niemeyer Parcel is
in fact located entirely within the Open Space Parcel; and
WHEREAS, to correct the error, the Association, Niemeyers, and AVLT entered into an
agreement whereby (a) the Association would exchange with the Niemeyers a 5 -acre portion of
the Open Space Parcel containing the residence for an undeveloped 5 -acre portion of the
Niemeyer Parcel to become part of the common elements for the Association and (b) AVLT
would amend its conservation easements following the land exchange to reflect the new legal
description; (the "Transaction"); and
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WHEREAS, pursuant to C.R.S. §§ 38-33.3-302(h) and -312, sixty-seven percent (67%)
of the Association members had to approve the Transaction; and
WHEREAS, at a duly -noticed special meeting of the members of the Association held on
May 31, 2017, the requisite percentage of members approved the Transaction; and
WHEREAS, this Fourth Supplemental Declaration is intended to memorialize the closing
of the Transaction as approved by the members; and
WHEREAS, the deeds effectuating the Transaction were recorded in the Garfield County
real property records at Reception Nos. , , and
, and
WHEREAS, the amended legal description of the Open Space Parcel is set forth in
Exhibit A hereto; and
WHEREAS, the Open Space Parcel amended plat was recorded on
, 2017, in the Garfield County real property records at Reception No.
, which is incorporated herein by this reference.
NOW, THEREFORE, the Association, by and through its members, hereby declares as
follows:
1. General. The terms and conditions of this Fourth Supplemental Declaration shall
be in addition, and supplemental, to the terms and conditions contained in the Master
Declaration, the Supplemental Declaration, the Second Supplemental Declaration, and the Third
Supplemental Declaration. All of the above Recitals are true and are incorporated into the terms
of this Fourth Supplemental Declaration.
2. Open Space Parcel Amendment. The Open Space Parcel, as amended by the
Transaction and shown in the Open Space Parcel amended plat, shall be held, sold, and conveyed
subject to the Master Declaration, which shall run with the land and be binding upon all persons
and their entities (and their heirs, personal representatives, successors, and assigns) now or later
having any right, title, or interest in all or any part of the Open Space Parcel.
3. Severability. Invalidation of any portion of this instrument for any reason shall in
no way affect the remainder of it, which shall remain in full force and effect.
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SPRINGRIDGE RESERVE HOMEOWNERS
ASSOCIATION
By
John Currier, President
2
STATE OF
COUNTY OF
Acknowledged, subscribed, and sworn to before me this day of
2017, by John Currier, President of Springridge Reserve Homeowners Association.
WITNESS my hand and official seal. My Commission expires:
1
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Notary Public
EXHIBIT A
Amended Open Space Parcel Legal Description
PARCEL A, AS SHOWN ON THE FINAL SUBDIVISION PLAT FOR SPRINGRIDGE
RESERVE P.U.D., PHASE 1, RECORDED ON AUGUST 25, 2005, AS RECEPTION NO.
681074 OF GARFIELD COUNTY, COLORADO RECORDS; EXCEPTING THEREFROM
THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 OF SECTION 10, TOWNSHIP 7
SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; THENCE N 0°32'29" W, ALONG THE EASTERLY
LINE OF SAID LOT 8, A DISTANCE OF 460.51 FEET; THENCE DEPARTING EASTERLY
LINE OF SAID LOT 8 N 89°48'29" E PARALLEL WITH THE SOUTHERLY LINE OF SAID
SECTION 10, A DISTANCE OF 473.00 FEET; THENCE S 00°32'29" E PARALLEL WITH
THE EASTERLY LINE SAID LOT 8, A DISTANCE OF 460.51 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID SECTION 10; THENCE S 89°48'29" W 473.00 FEET ALONG
SAID SOUTHERLY LINE OF SAID SECTION 10 TO THE POINT OF BEGINNING,
CONTAINING 217,816 SQ. FT. OR 5.00 ACRES MORE OR LESS;
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND:
A PARCEL OF LAND SITUATED IN PARCEL 11 OF FARANHYLL RANCH RECEPTION
NO. 502929 IN SECTION 15, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 15; THENCE S 00°37'33"
E A DISTANCE OF 459.54 FEET; THENCE S 89°48'29" W PARALLEL WITH THE
NORTHERLY LINE OF SAID SECTION 15, A DISTANCE OF 474.00 FEET; THENCE N
00°37'33" W, A DISTANCE OF 459.54 FEET TO THE NORTHERLY LINE OF SAID
SECTION 15; THENCE N 89°48'29" E ALONG SAID NORTHERLY LINE OF SAID
SECTION 15, A DISTANCE OF 474.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 217,816 SQ FT, 5.00 ACRES MORE OR LESS.
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