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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
SPRINGRIDGE RESERVE SUBDIVISION
TIIIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
SPRINGRIDGE RESERVE SUBDIVISION is made and entered into this Z� day of
, 2005, by SPRINGRIDGE AT GLENWOOD SPRINGS DEVELOPMENT
CO' 'ORATION (hereinafter "Declarant").
RECITALS
WHEREAS, Declarant is the owner of certain property located within Garfield County,
Colorado which is more particularly described on Exhibit "A" attached hereto, which property is
known as Springridge Reserve Subdivision, Phase 1; and
WHEREAS, Declarant deems it desirable to impose a general plan for the improvement,
development and maintenance of such property and to adopt and establish covenants, conditions
and restrictions upon that property for the purpose of enhancing, maintaining and protecting the
value and attractiveness thereof; and
WHEREAS, Declarant deems it desirable to set aside a portion of the property as common
areas for the use of the owners of such property and to establish a Colorado nonprofit corporation
known as the SPRINGRIDGE RESERVE HOMEOWNERS ASSOCIATION which shall be
responsible for the management and maintenance of the development referred to herein; and
WHEREAS, as the final plats for Phase 2, Phase 3 and Phase 4, Springridge Reserve
Subdivision are recorded, Declarant intends to submit such additional property to these covenants,
conditions and restrictions.
NOW, THEREFORE, Declarant hereby declares Covenants, Conditions, Restrictions and
Easements to be imposed on and for the benefit of Springridge Reserve Subdivision and in
furtherance of the purposes stated below, Declarant makes the following declarations:
ARTICLE 1
GENERAL PURPOSE OF COVENANTS,
SUBMISSION, DEFINED TERMS, DESCRIPTION
1. Purpose. This Declaration of Covenants, Conditions and Restrictions (hereinafter
"Covenants") shall govern and be applicable to that certain real property located within Garfield
County, Colorado, known as the Springridge Reserve Subdivision (hereinafter "Subdivision").
It is the intention of the Declarant, expressed by its execution of this instrument, that the lands
within the Subdivision be developed and maintained as a highly desirable scenic residential area
with extensive open space, wildlife corridors and recreation trails. It is the purpose of these
Covenants to preserve the present natural beauty and character of the property along with the
views and setting of the Subdivision to the greatest extent reasonably possible, and the lots therein
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shall always be protected as much as possible with respect to uses, structures, landscaping, and
general development as permitted by this instrument.
2. Property Submission. Declarant hereby submits Phase 1 of Springridge Reserve
Subdi as more particularly described on the Final Plat thereof recorded as Reception No.
63/079 in the office of the Garfield County Clerk and Recorder, which Final Plat is
it,.,urporated herein by reference, together with all easements, rights-of-way, and appurtenances
thereto and any buildings, fixtures, and improvements thereon (hereinafter "Property") pursuant
to the provisions of the Colorado Common Interest Ownership Act, which is set forth at C.R.S.
§38-33.3-101 et seq. (hereinafter "Act") and these Covenants. In the event the Act is repealed, the
provisions of the Act on the effective date of these Covenants shall remain applicable hereto.
Declarant further declares that the Property shall be held, leased, mortgaged, sold, and conveyed
subject to the following terms, easements, reservations, restrictions, covenants, and conditions.
Declarant further declares that these Covenants shall run with the land and shall be binding upon
all parties having any right, title, or interest in the Property or any part thereof, their heirs,
devisees, legal representatives, succcssors, and assigns and shall inure to the benefit of each and
every Owner. As Phase 2, Phase 3 and Phase 4 of the Subdivision are recorded, Declarant shall
record an instrument submitting such additional phases to these Covenants.
3. Defined Terms. Each capitalized term not otherwise defined in these Covenants
shall have the meaning specified or used in the Act.
4. Name of Common Interest Community. The name of the Common Interest
Community is "Springridge Reserve."
5. Type of Common Interest Community. The type of Common Interest Community
is a planned community.
6. Association Name. The name of the Association is the "Springridge Reserve
Homeowners Association," a Colorado nonprofit corporation (hereinafter "Association").
7. Property Location. The Property constituting the Common Interest Community is
located within the County of Garfield, State of Colorado.
8. Property Description. The Property consists of thirty-two (32) residential lots
(hereinafter "Lot" or "Lots") and 313 acres more or less of open space as more particularly
described on the Final Plat for Phase 1, Springridge Reserve. The Subdivision shall ultimately
consist of eighty-one (81) residential lots, all of which will be submitted to these Covenants.
ARTICLE II
DEFINITIONS
1. "AVLT Conservation Easements" shall mean those easements conveyed by deeds
recorded in the records of the Garfield County Clerk and Recorder as Reception Nos.636012,
636013, 636014, 636015, and 636016, which are incorporated herein by this reference.
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2. "Common Area" means all real property (including the improvements thereto)
owned or maintained by the Association for the common use and enjoyment of all the Owners.
Common Area shall be owned and maintained by the Association.
3. "Common Elements" means the outdoor lighting of the Common Area, landscaping
on common areas and such other improvements as the Association may cause or accept. Common
Elements shall be owned and maintained by the Association. Any references to "common
elements" appearing on the Final Plat shall be deemed solely for purposes of general information
and shall not be limiting in any way, nor shall any such reference define the common elements in
any way.
4. "Lot" is a Unit in the Subdivision, as that term is defined by the Act.
5. "Lot Owner" means and refers to the record owner, whether one or more persons
or entities, of any Lot in the Subdivision.
6. "May" is permissive.
7. "Mobile Home" means a HUD -standard [Federal Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5401, et seq.) which became effective
June 15, 1976] approved structure without a permanent foundation, designed to be transported
after fabrication and equal to or exceeding fourteen (14) ft. in width and 700 square ft. in area,
excluding towing gear and bumpers. Such a structure is suitable for human habitation on a
year-round basis when equipped with required plumbing, heating and electrical facilities. Mobile
homes have integral chassis or permanent hitches to allow future movement. The term "mobile
home" shall not include "travel trailers," "campers," "camper buses," "buses," or "motor homes."
8. "Mortgage" means any mortgage or deed of trust or other conveyance of a Lot, or
any interest therein, including but not limited to the improvements thereon, to secure the
performance of an obligation, which Lot will be reconveyed upon completion of such performance.
9. "Shall" is mandatory.
10. "Should" is advisory.
ARTICLE III
OWNERS - HOMEOWNERS ASSOCIATION
1. Formation and Membership. The Association shall be a nonprofit Colorado
corporation charged with the duties and vested with the powers prescribed by law and as set forth
in its Articles of Incorporation, Bylaws and this Declaration of Covenants, Conditions and
Restrictions. Neither the Articles nor Bylaws of the Association shall, for any reason, be amended
or otherwise changed or interpreted so as to be inconsistent with these Covenants. This
Association shall be a membership association without certificates or shares of stock. All Owners,
including Declarant, who own or acquire the title in fee to any of the Lots in the Subdivision by
whatever means acquired shall automatically become members of Association. Membership in
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the Association shall automatically terminate when an Owner of one of the Lots ceases to be an
Owner of such Lot.
Each Lot within the Subdivision shalt be entitled to one (1) vote.
2. Executive Board and Officers. The affairs of the Association shall be governed by
an Executive Board consisting of at least three (3) and no more than seven (7) members elected
by the Owners. The initial Board shall be comprised of three (3) members. The Executive Board
may elect or appoint officers in accordance with its Articles and Bylaws as the same may be
amended from time to time. The Executive Board may also appoint various committees, hire
employees as may be required, and enter into a contract with a management company for a term
not to exceed fifteen years. The Board shall determine the compensation to be paid to any
employee of the Association.
3. Purpose. The Association, through its Executive Board, shall be authorized and
empowered to take each and every step necessary or convenient for the implementation and
enforcement of the Covenants contained in this Declaration. The Association shall have the right
and responsibility to maintain, preserve, repair, insure, and otherwise protect and promote the
interests of the Owners with respect to all common properties and interests of the Owners and the
Association. The Association shall be governed by its Articles of Incorporation and Bylaws as
may be amended from time to time.
4. Common Elements. The Association shall own, operate, and maintain all Common
Elements within the Subdivision. Common Elements include, among other things, the potable
water system, the raw water irrigation system, if any, the internal frail system, the Open Space and
Park areas as shown on the Final Plat, sewage lines and lift stations located within and outside of
the Subdivision until such time as Garfield County, the City of Glenwood Springs, or other
regional sewer service provider requests said lines be dedicated to it, any sidewalks within the
Subdivision, and any landscaping undertaken by Declarant or the Association in accordance with
the provisions hereof.
5. Declarant Control. The Declarant shall have the reserved power, pursuant to the
Act, to appoint and remove officers and members of the Executive Board. This period of
Declarant control ("period of Declarant Control") terminates no later than the earlier of (a) sixty
(60) days after conveyance of seventy-five percent (75%) of the Lots to Owners other than the
Declarant or (b) two (2) years after the last conveyance of a Lot by the Declarant in the ordinary
course of business to an Owner other than Declarant. During the period of Declarant Control, the
Declarant's Control shall be subject to the following limitations:
a. Not later than sixty (60) days after conveyance to Owners other than the Declarant
of twenty-five percent (25%) of the Lots that may be created, at least one (1)
member and not less than twenty-five percent (25%) of the members of the
Executive Board must be elected by Owners other than the Declarant.
b. Not later than sixty (60) days after conveyance to Owners other than the Declarant
of fifty percent (50%) of the Lots that may be created, not less than thirty-three and
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one-third percent (33 1/3%) ofthe members ofthe Executive Board must be elected
by Owners other than the Declarant.
6. Limited Liability and Indemnification. To the fullest extent permitted by law,
neither the Association nor its past, present or future officers, directors, nor any employee, agent
or committee member of the Association, nor the Declarant shall be liable to any Owner or to any
other person for any damage, act, omission to act, simple negligence or other matter of any kind
or nature, except gross negligence. Without limit to the foregoing, the Association, the Board and
the Declarant shall not be liable to any party for any action or for any failure to act, in good faith
and without malice. Acts taken upon the advice of legal counsel, certified public accountants,
registered or licensed engineers, architects or surveyors shall conclusively be deemed to be in good
faith and without malice. To the extent insurance carried by the Association for such purposes
shall not be adequate, the Owners severally agree to indemnify the Association, the Board and the
Declarant against all loss resulting from such action or failure to act, including expenses, liabilities
and attorneys' fees, reasonably incurred by or imposed upon them in any proceeding to which they
may be a party, or in which they may become involved. The foregoing limitations of liability shall
extend to the officers, agents, legal representatives and owners of Declarant.
7. Notice to Owners. Notice to an Owner of matters affecting the Subdivision by the
Association or by another Owner shall be sufficiently given if such notice is in writing and is
delivered personally, by courier, or private service delivery or on the third business day after
deposit in the U.S. Mail at the address of record for real property tax assessment notices with
respect to that Owner's Lot.
ARTICLE IV
EASEMENTS AND LICENSES
1. Lot Owners' Easements. Every Owner shall have a right of enjoyment and
easement for access to their Lot through or over the Common Elements, and such easement shall
be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
a. The right of the Association to promulgate and publish rules and regulations with
which each Owner and their guests shall strictly comply.
b. The right of the Association to suspend the voting rights and rights to use the
Common Elements by any Owner for any period during which any assessment
against their Lot remains unpaid and for a period not to exceed sixty (60) days for
any infraction of its rules and regulations.
c. The right of the Association to grant easements, leases, licenses, and concessions
through or over the Common Elements.
d. The right of the Association to convey or subject a Common Element to a Security
Interest in accordance with and to the extent permitted by the Act.
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The right of the Association to close or limit the use of the Common Elements from
time to time due to wildlife concerns or while maintaining, repairing, or replacing
such Common Elements.
f. Any Owner may delegate their right of enjoyment to the Common Elements and
facilities to the members of their family, their tenants, or guests who reside on or
rent their Lot.
g.
The restrictions on the Common Elements imposed by the AVLT Conservation
Easements.
h. The Association's utility easement located ten (10) feet from any lot line.
I. The terms and conditions of these Covenants.
2. Easements Shown on Final Plat. The Association is entitled to use such easements
as are reflected on the Final Plat for the Subdivision, including without limitation, all easements
designated for the use of public utilities. Except by agreement with a property Owner, the
Association shall have no obligation to pay any amount for the use and enjoyment of such
easement. The Association shall pay for the cost of maintaining and repairing any improvements
on which it places on any easements.
3. Easements for Access and Repairs. The Association shall be entitled to an easement
across any of the Lots within the Subdivision for the purposes of accessing any ofthe Association's
property, protecting any Association property, or for necessary repairs or emergency
circumstances. The Association may access all Lots within the Subdivision at reasonable times
to determine compliance with the conditions of approvals of the Subdivision granted by the County
of Garfield and to determine and enforce compliance with all of the provisions of these Covenants.
4. AVLT Conservation Easements. Pursuant to the AVLT Conservation Easements,
AVLT is entitled to enter upon the portions of the Property encumbered by the AVLT
Conservation Easements at reasonable times and with adequate notice to inspect such property
and monitor the Declarant's compliance with the Conservation Easements.
ARTICLE V
USE RESTRICTIONS
1. General Restriction. No more than one (1) detached single-family dwelling, together
with permitted structures appurtenant thereto, shall be constructed on any Lot. All construction
within a Lot must take place within the building envelope for that Lot as depicted on the Final Plat.
Duplexes and multi -family structures in the Subdivision are strictly prohibited. Construction of
detached garages and other customary non-residential accessory buildings is permitted pursuant
to the conditions set forth in Article VI, paragraph 2 below.
2. Limited Business Activities. Subject to all applicable governmental and zoning
regulations, and in addition to residential purposes, in-home business activities or occupations not
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involving the provision of on site services for customers or use of employees on site (other than
Owners) shall be allowed, provided such activities; (I) are conducted solely within the Lot, (ii) do
not materially increase motor vehicle traffic on the Property, (iii) do not create any external
indication of an in home business, and (iv) do not generate any noise, smoke, dust, odors, heat or
other emanations that are noxious or otherwise offensive to the senses. Notwithstanding the
foregoing, business activities associated with the sale of Lots shall be allowed, including without
limitation the inclusion of a sales office in the model home if built by Declarant.
3. Mobile Homes. No mobile homes shall be constructed or placed within the
Subdivision. This prohibition shall not apply to construction trailers which shall be permitted for
twelve (12) months from the date of commencement of construction, or until the issuance of a
certificate of occupancy, whichever first occurs; provided, however, construction trailers may only
be used for construction, office, and storage purposes and shall not be occupied as a residence for
any period of time. All other trailer homes or temporary structures of any kind shall be prohibited.
However, during Declarant's control as set forth in Section 3.5 above, a modular structure for use
as a sales office for the Subdivision shall be permitted.
4. Wildfire Mitigation Plan. All Lots shall comply with the approved Wildfire Hazard
Assessment and Mitigation Plan for the Subdivision, a copy of which shall be kept on file by the
Association and made available to all Lot Owners.
ARTICLE VI
ARCHITECTURAL CONTROL COMMITTEE
1. Architectural Control Committee. The Architectural Control Committee
(hereinafter "ACC") shall be composed of between three (3) and five (5) persons. During the
period of Declarant's control, Declarant may appoint the members of the ACC which may include
officers, directors, or shareholders of Declarant, in Declarant's sole discretion, and the Executive
Board of the Homeowners Association shall have no authority to remove any member so
appointed. Upon the sale of the last Lot in the Subdivision, or at an earlier time as determined by
Declarant, the Executive Board of the Association shall appoint the members of the ACC. The
Executive Board has discretion to remove any member of the ACC it appoints and appoint a new
member at any time, provided there are at least three (3) persons on the ACC. The members of
the ACC may also be directors of the Association and need not be Owners. The ACC shall have
and exercise all the powers, duties, and responsibilities set out in this instrument.
2. Construction and Alteration of Improvements. No improvements of any kind,
including but not limited to dwelling units, garages, accessory buildings, swimming pools, ponds,
parking areas, fences, walls, driveways, antennae, satellite dishes, and walks shall be constructed,
erected, altered, or permitted to remain within the Subdivision, nor shall any excavating, tree
cutting, and clearing or landscaping be done within the Subdivision, unless the complete
architectural plans and specifications, and a site plan showing the location and orientation thereof,
for such erection or alteration and landscaping are approved by the ACC prior to the
commencement of such work, except as Declarant may be specifically permitted to do by these
Covenants. Revegetation of all infills and cuts shall be required, and plans addressing the
revegetation of infills and cuts must be submitted to the ACC prior to any excavation.
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At least three (3) complete sets of the architectural and site development plans and
specifications shall be submitted to the ACC along with a complete list of all exterior materials and
colors to be used. All copies of the complete plans and specifications shall be signed and dated
for identification by the Owner or the Owner's architect. The ACC shall have the right to request
whatever additional specification information, plans, reports, and the like it deems necessary to
evaluate the development proposal throughout the approval and construction process. In addition,
the ACC may adopt rules and regulations which shall specify the information, reports, plans,
specifications, and the like required to be submitted to the ACC. In the event the ACC fails to take
any action within forty-five (45) days after three (3) copies of the complete architectural and site
developmentplans, specifications, materials, and colors have been submitted to it and the submittal
has been certified in writing by the ACC as complete, then all of such submitted architectural plans
shall be deemed approved. The ACC shall not unreasonably disapprove the architectural plans.
The majority vote of the members of the ACC shall be required for approval of plans. In the event
the ACC disapproves any architectural plans, the person or entity submitting such architectural
plans may appeal the matter to the next annual or special meeting of the members of the
Association where a vote of seventy-five percent (75%) of the members' votes entitled to be cast
at said members' meetings shall be required to change the decision of the ACC.
3. Variances. The ACC may, by an affirmative vote of a majority of its members,
allow reasonable variances as to any of the covenants and restrictions governing architectural
control contained in this instrument and/or policies or rules promulgated by the ACC, on such
terms and conditions as it shall require. No variance shall be granted which contravenes any
provision of these Covenants which Declarant was required to include as a condition of approval
by Garfield County or which violates Garfield County's Land Use and Building Codes. No
variance shall be granted without written notice of the request for such variance provided ten (10)
days prior to the hearing for said variance to all Lot Owners within the Subdivision. Notice to
such Lot Owners shall be deemed complete when placed in the United States Mail, first-class
postage prepaid, to the last known address for each Lot Owner as provided to the Association.
4. General Requirements. The ACC shall exercise its best judgment to see that all
improvements, construction, landscaping, and alterations within the Subdivision hannonize to the
greatest extent possible with the surroundings and with other structures as to design, materials,
color, height, grade, finished ground elevation of neighboring lots, and other design features. The
ACC shall strive to protect the seclusion and view of each Lot insofar as reasonably possible
(taking into account final buildout of all Lots in the Subdivision) in the development of the
Subdivision pursuant to these Covenants. The ACC shall also endeavor to protect and preserve
the open space and native vegetation of the Property by prescribing and enforcing building and
landscape envelopes as set forth below.
a. Soils and Foundation Report. and Grading and Drainage Plan. Prior to the issuance
of a building permit, a Lot Owner shall obtain and submit to the County and the
ACC a soils and foundation report and a grading and drainage plan prepared by a
professional engineer. All improvements and structures shall be constructed in
accordance with the recommendations and conditions of such report and plan which
are included by Garfield County as conditions of the building permit and/or are
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made requirements or conditions of the approval of the ACC. Improvements and
structures shall also comply with the drainage plan prepared by Sopris Engineering
and dated June 23, 2004.
b. Materials. In its review of any proposed development activity, the ACC shall
evaluate, among other things, the materials to be used on the outside of buildings
or structures, including exterior colors, location with respect to topography and
finished grade elevations.
c. Landscape Envelopes. Landscape envelopes prescribed on the Final Plat were
drawn to maximize the protection of the natural vegetation and attributes of the
Property. A Lot Owner may not disturb vegetation outside the prescribed
landscape envelope. Newly created landscaping is limited to 1,300 square feet and
the drought resistant native plant materials listed on Exhibit B. However, with
approval from the ACC, areas outside the landscape envelope that have been
modified For agricultural purposes may be restored to their natural condition with
the assistance of a professional natural resource restorationist. Drip or mist
irrigation shall be used within all landscaped areas.
d Building Envelopes. Any structure to be placed or built on arty Lot must be
contained within the prescribed building envelope for that Lot as shown on the
Final Plat for the Subdivision. Additionally, the precise siting of homes within the
building envelopes shall be subject to ACC review and approval based on the
general goal of preserving natural features of each lot to the extent reasonably
practicable.
e. Stoves. Open hearth solid -fuel fireplaces are prohibited within the Subdivision.
Each Lot may have one (1) new solid -fuel burning stove that is in compliance with
all state and local taws pertaining to wood burning stoves. All Lots are permitted
to have an unrestricted number of natural gas burning stoves, fireplaces, and other
appliances.
f, Fire Sprinkler System. Any dwelling unit that is greater than 3,600 square feet
must have an interior fire sprinkler system installed that is in compliance with
NFPA 13R or 13D.
5 Preliminary Approvals. Lot Owners who anticipate constructing improvements may
submit preliminary sketches of such improvements to the ACC for informal and preliminary
approval or disapproval. All preliminary sketches shou [d be submitted in at least three (3) sets and
should contain sufficient general information on those matters required to be in the complete
architectural and site development plans and specifications to allow the ACC to grant an informed
preliminary approval or disapproval. The ACC shall never be finally committed or bound by any
preliminary or informal approval or disapproval until such time as complete architectural and site
development plans, specifications, materials, and colors are submitted and approved or
disapproved. If the ACC grants preliminary approval of a preliminary sketch and the Lot Owner
subsequently submits for approval plans and specifications which are the same or substantially
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similar to the approved preliminary sketch, the ACC shall not unreasonably withhold approval of
the submitted plans and specifications. The preliminary approval is offered as an accommodation
only, and the ACC may charge reasonable fees for this service.
6. Architectural and Site Development Plans. The ACC shall disapprove any
architectural and site development plans submitted to it that do not contain sufficient information
for it to exercise the judgment required of it by these Covenants.
7. ACC Not Liable. The ACC shall not be liable for damages to any person or entity
submitting any plans for approval, or to any Owner or Owners of land within the Subdivision, by
reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with
regard to such plans. The ACC shall have no liability or responsibility for any representations
made to any Owner or prospective Owner by any third parties. The decisions of the ACC shall
be governed by these Covenants and any rules or regulations duly adopted by the ACC pursuant
to these Covenants.
8. Written Records. The ACC shall keep and safeguard for at least five (5) years
complete permanent written records of all approved applications, including one (1) set of the final
approved architectural and site development plans, and of all actions of approval or disapproval
and all other formal actions taken by it under the provisions of this instrument.
9. Authority to Promulgate Design Guidelines, Rules and Regulations. The ACC may
promulgate and adopt additional design guidelines and rules and regulations necessary to
implement these Covenants. The design guidelines may include requirements relating to
acceptable building materials, architectural styles, allowable colors for home exteriors, and the
like- The rules and regulations may include submission requirements concerning the type of
information, reports, plans and specifications, and other information necessary to make an
informed decision regarding requests for development, modifications to buildings, and the like.
The rules and regulations may also establish a reasonable review fee that will be charged for each
submission to the ACC.
10. Planning Professionals. The ACC may hire professional consultants and may
contract to delegate any of its functions and duties to a third party if deemed qualified by the ACC.
ARTICLE VII
PROPERTY USE RESTRICTIONS AND PROTECTIVE COVENANTS
1. No Further Subdivision. No Lot described on the recorded Final Plat of the
Subdivision shall ever be further subdivided into smaller Lots or conveyed or encumbered in less
than the full dimensions as shown on the recorded Final Plat; provided, however, conveyances or
dedications of easements for utilities if approved by the ACC may be made for less than all of one
(1) Lot. Notwithstanding the foregoing, a Lot line adjustment between two (2) Lots in the
Subdivision shall be deemed a permitted subdivision, subject, however, to any reviews or
approvals that may be required by Garfield County and to the prior approval of the ACC.
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2. Water. Existing and proposed domestic wells owned by the Declarant and/or the
Springridge Reserve Homeowners Association will provide potable water from a common
distribution system to all residences constructed within the Subdivision. The Association shall
operate, repair and maintain the water system. Lot Owners shall have external read-out water
meters on all dwelling units as a condition of final certificate of occupancy. Each Lot Owner's
water usage shall be limited to 18,000 gallons per month and shall be metered and strictly
enforced. The 18,000 gallons per month limitation shall be subject to review at a time when
sufficient data concerning well response and drought conditions is available.
3. Sewer. Sanitary sewer service shall be provided via lines and facilities owned by
the Association and connected to the public sewer system serving the City of Glenwood Springs.
The Association may enter into long-term contracts with a private company or person to operate
and maintain the sewer facilities owned by the Association upon terms and conditions to be
determined by the Executive Board at the time any such contract is executed. Declarant reserves
to itself all rights to cost recovery, including without limitation all rights to proceeds from tap fee
surcharges, relating to the extension of sewer service past the Four Mile Ranch subdivision as
agreed to in the Pre -Annexation Agreement with the City of Glenwood Springs, as amended,
regarding the provision of City sewer service to the Property. Lot Owners shall be responsible for
payment of sewer service charges to the City of Glenwood Springs in addition to the Association's
sewer -related costs, which costs of the Association shall be included in regular dues and/or
assessments, as necessary.
4. Site Specific Geotechnical Evaluations. All Springridge Reserve Lots shall require
site specific geotechnical studies before a building permit will be issued.
5. Irrigation. The Association shall provide sufficient water to irrigate Open Space
and Park areas and 3,500 square feet of each Lot, Newly -installed landscaping is limited to 1,300
square feet pursuant to Article VI, Section 4(c), above. The Association shall be responsible for
the provision of on-going flood irrigation of open spaces areas B and C as shown on the Final Plat.
6. Underground Utility Lines. With respect to the new construction or extension of
any utilities, all water, sewer, gas, electrical, telephone, cable television, and other utility pipes or
lines within the limits of the Subdivision shall be buried underground and not be carried on
overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in
the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense
of the Owner or Owners causing the installation of the utilities no later than the next growing
season following installation.
7. Mining, Drilling, or Quarrying. Mining, quarrying, tunneling, excavating, or
drilling for any substance within the earth, including oil, gas, minerals, gravel, sand, rock, and
earth, shall not be permitted within the limits of the Subdivision. Individual wells shall not be
permitted on any Lot, and no Owner shall be permitted to drill for water on their Lot.
8. Fencing. In order to protect and facilitate the movement of wildlife through the
Subdivision, Lot Owners are prohibited from erecting perimeter fences around their Lot
boundaries, All fencing must be approved by the ACC prior to installation and shall be
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constructed to Colorado Division of Wildlife specifications. Lot Owners with dogs may erect
chain link or solid wood privacy fences that are no greater than fifty (50) feet by seventy-five (75)
feet in area and six (6) feet in height. All other fencing shall be wire or rail. Wire fencing shall
not exceed forty-eight (48) inches in height, shall have no more than four (4) strands, and the top
two strands must be at twelve (12) inches apart. Rail fencing shall not exceed forty-two (42)
inches in height, and the top two rails shall be at least eighteen (18) inches apart. All fencing must
be installed before a Certificate of Occupancy is issued, The Colorado Division of Wildlife shall
not be liable to any Owner for any damage to gardens, flowers, shrubs, trees, or any other greenery
caused by the actions of any wild animal.
9. Weed Maintenance. In order to keep and maintain the Lots free from noxious
weeds, Lot Owners shall require their contractors to disturb the smallest area possible in the Lot
when constructing residences and take precautions so that heavy machinery does not spread
noxious weeds within the area. Lot Owners shall also comply with the requirements set forth in
the Weed Management Plan, attached hereto as Exhibit C. In the event a Lot Owner fails to keep
the Lot free from noxious weeds, the Association shall have the right, but not the obligation, to
come onto the Lot and fulfill the Lot Owner's weed maintenance responsibilities at the Owner's
expense, and the Lot Owner shall reimburse the Association for any such maintenance. The cost
of weed maintenance may be assessed against the Owner's property if necessary.
10. Domestic Animals. Except as expressly limited herein, domestic animals shall be
permitted subject to any rules and regulations which may be promulgated by the Association. No
commercial animal breeding activities of any kind shall be permitted within the Subdivision.
a. Lot Owners shall be entitled to keep dogs and cats on their property pursuant to the
following restrictions and limitations:
I. The number of dogs in the Subdivision should be limited to no more than
one (1) per Lot.
11. Dogs shall be kept under the control of the Owner at all times and shall not
be permitted to run free or to cause a nuisance in the Subdivision. No dogs
shall be allowed beyond the boundaries of the Lot owned by the persons
where the dog is housed unless under control by means of an adequate
leash, cord or chain that is within the control of the owner or handler.
Owners are advised that chasing wildlife is illegal and may result in
prosecution. The Colorado Division of Wildlife will issue fine for dogs
harassing and chasing wildlife, and dogs engaged in such activity may be
shot.
III. When a dog is within a Lot boundary, it shall be leashed, chained, fenced,
kenneled, or under the control of the Owner. An "electric fence" shall be
insufficient to satisfy this requirement. Metal fencing will be allowed for
the purposes of kenneling a dog. Location and design of kennels shall be
subject to review of the ACC. Proof of kennel construction must be
provided before a Certificate of Occupancy is issued.
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IV. Dogs shall not be allowed to bark continuously, which shall be defined as
barking for a continuous 15 -minute period.
V. All pets shall be fed indoors, and pet food containers shall not be left outside.
VI. Contractors and sub -contractors are prohibited from bringing dogs to the
Subdivision during construction and development of the Property.
VII. All lot Owners shall keep animals reasonably clean, and all lots shall be free
of refuse and animal waste.
VIII. Dogs and cats shall be neutered and spayed.
IX. Cats shall be kept as indoor pets and shall not be permitted to roam.
X. The Association shall assess and enforce penalties against Owners violating
the restrictions applying to dogs as follows: One Hundred Dollars ($100.00)
for the first violation committed by an Owner's dog; Two Hundred Dollars
($200.00) for the second violation; Three Hundred Dollars ($300.00) for the
third violation; and for each succeeding violation the fine increases in One
Hundred Dollar ($100.00) increments up to a maximum of $500 per
violation. Should any dog chase or molest deer, elk, poultry, or any domestic
animals or persons, or destroy or disturb property of another, the Association
shall be authorized to prohibit the property Owner or resident from
continuing to maintain the offending animal on his property and may dispose
of that animal, if necessary, to protect wildlife or other Owners' domestic
animals, persons, or property. The offending dog owner shall be provided
written notice of such action at least two (2) days before disposal occurs.
Within such two-day period, the offending dog shall be kenneled at a licensed
kennel. All charges associated with action taken by the Association may be
assessed against either the lot Owner and/or the dog owner, or both, at the
Association's sole option.
b. The Declarant may designate certain Lots upon which horses may be kept. Upon
designating such Lots, the Declarant shall determine how many horses may be kept on each Lot and
how many horses may use the Open Space Areas for grazing purposes.
c. Notwithstanding the foregoing, no animal may be kept within a Lot or residence
which, in the good -faith judgment of the Executive Board, results in any annoyance that is obnoxious
to residents in the vicinity or to Lot Owners within the Subdivision. Except as expressly limited
herein, domestic animals may be further restricted pursuant to any rules and regulations which may
be promulgated by the Executive Board.
11. Hunting and Wildlife Control. Although lands outside the Subdivision are
frequently hunted during big game seasons, hunting is prohibited within the Subdivision. In the
event mountain lions are spotted or seen in or near the Subdivision, small pets and small children
should be kept inside at night and should not be left outside unattended during early morning and
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late evenings. Any large pets shall be kept in a kennel or enclosed area at night, Neither the
Association nor the Colorado Division of Wildli fe is responsible for damage that may be caused
by bears, decr or elk or for the removal of bears and mountain lions just because they are spotted
or seen in or near the Subdivision. Lot Owners shall take the following measures to minimize
conflicts with bears and other wildlife:
a, Bear -proof containers that have been approved by the ACC shall be used for
storage of all trash;
b. Bird feeders, including hummingbird feeders, shall not be mounted on windows or
on the side of houses. Seed feeders shall be hung up at least ten feet (10') from the
ground with a seed catchment to discourage other wildlife foraging.
c_ Barbeque grills shall be kept in the garage or thoroughly cleaned and sanitized
when not in use so as to ensure that they do not attract bears.
d- Round door knobs should be used on the outside of houses instead of lever -type
door knobs and windows and storm shutters should be closed and locked whenever
possible. The ACC may grant exceptions when necessary to accommodatepersons
with disabilities.
e. Horse feed shall be stored in a bear proof container and locked.
f. Haystacks should be contained within eight foot (8') wire mesh fencing, subject to
the requirements set forth in Article VII, Paragraph 6 above.
Lot Owners are discouraged from planting plants or shrubs that produce berries,
fruits or nuts.
g.
12. Addresses. Number. and Location of Buildings. No buildings shall be placed,
erected, altered, or permitted to remain outside the building envelope on any Lot. All addresses
shall be posted in conspicuous Iocations for ease of identification.
13. Construction Deposit. Prior to commencing construction on any Lot, the Lot Owner
shall provide to the Association a refundable construction deposit in the amount of S1,000. The
deposit shall be refunded to Lot Owner at the time the ACC grants final acceptance of the
construction and confirms that the Lot Owner adequately cleaned up the Lot upon completion of
the construction.
14. Completion of Construction. Any construction activity on any Lot in the
Subdivision shall be completed, fully cleaned up, and landscaped within twelve (12) months from
the issuance o f a bui!ding permit, unless the Lot Owner first obtains a variance from the ACC to
allow fora longer period of construction upon proof of due diligence. In the event a variance is
not secured and twelve (12) months from issuance of building permit has passed, the Association
may assess penalties in any amount it deems appropriate. Upon commencement of any
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construction on any Lot in the Subdivision, the Lot Owner shall complete said construction with
reasonable diligence.
15. Enclosure ofUnsightty Facilities and Equipment. All unsightly structures, facilities,
equipment, and other items, including but not limited to those specified below, shall be enclosed
within a solid structure sufficient to screen such things from view from the common roads and
neighboring homes to the greatest extent possible. Any motor home, trailer. boat, tractor,
motorcycle, snow removal or garden equipment, and any similar item shall be kept at all times,
except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters,
propane tanks, fuel storage tanks, or other facilities, service area, or storage pile shall be enclosed
within a structure or appropriately screened from view by planting or fencing approved by the
ACC and adequate to conceal the same from neighbors, streets, and private roads. No lumber,
metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any
Lot except building materials during the course of construction and only for such reasonable
periods of time as are necessary prior to the collection of or disposal thereof.
16. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or
sounds shall be conducted or transmitted upon any portion of the Subdivision at any time nor shall
anything be done or permitted which may be or become a nuisance to other property or to the
Owners thereof by sight or sound.
17. common Areas and Open Space. All common areas and open space within the
Subdivision shall be restricted to those uses permitted by the AVLT Conservation Easements only,
and shall not be used for residential purposes. The Homeowners Association shall be responsible
for the repair and maintenance of common areas.
18. Adjacent Aericultural Uses. The historic agricultural uses of property adjacent to
the Subdivision shall be deemed compatible with the rural residential character of the Subdivision.
No Owner may object to the dust, odors or noise associated with normal agriculturaluses of said
adjacent property as noxious or offensive, and the Association shall not attempt to enjoin adjacent
landowners from customary agricultural practices merely because an owner has registered a
comp] aint.
19. Unauthorized Vehicles. No snowmobiles, motorized dirt bikes or all -terrain
vehicles (ATVs) shall be operated within the Subdivision. No snowmobiles, boats, or inoperable
motor vehicles shall be stored within the Subdivision unless stored within an auxiliary building
permitted in accordance with Article VII, Paragraph 12, above.
20. Satellite Dishes. Satellite dishes shall be allowed within the Subdivision. Location
and size of all satellite dishes shall be subject to ACC approval, but in no event shall any satellite
dish exceed twenty-four (24) inches in diameter. Any dish exceeding eighteen (18) inches in
diameter shall be screened from view of any adjoining Lot or street within the Subdivision.
ARTICLE VIII
COLLECTION OF ASSESSMENTS - ENFORCEMENT
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1. Assessments. All Lot Owners, by acceptance of a deed to a Lot including without
limitation public trustee, sheriff's or similar deed, is deemed to covenant and agree and shall be
obligated to pay any and all assessments lawfully imposed by the Executive Board of the
Association. To the extent the Association is responsible therefor, assessments may be lawfully
imposed for any itenis`ofcommon expense which may include, among other things: expenses and
costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision;
expenses for maintaining, improving, and preserving the Association's comma nproperty; expenses
and costs of operating, maintaining, repairing and replacing the Subdivision's potable and raw
water irrigation system and sewer facilities; expenses of the ACC; and insurance, accounting, and
legal functions of the Association. Such assessments shall be deemed general assessments and
shall be borne pro rata by all Owners.
2• Contingency and Reserve Funds. The Executive Board may establish contingency
and reserve funds for the maintenance and improvement o f the Association's common property and
any other anticipated costs and expenses of the Association to be incurred in pursuit of its purpose.
Contingency and reserve funds shall be in such an amount as the Executive Board may deem
necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro
rata portion of these funds. As used herein, an Owner's pro rasa portion of common expenses shall
mean a fraction formed by the number of Lots purchased and held by the Lot Owner (numerator)
and the number of Lots in the Subdivision (denominator). The Executive Board shall have the
right during any calendar year to levy and assess against all of the Owners a special assessment
for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of
the Association, as may be necessary. Such special assessment shall be paid for in equal portions
by the Owners obligated to pay such assessment and shall be due and payable as determined by
the Executive Board.
3. Lien forNon-Payment of Asses:;ments or Penalties. All sums assessed by the
Executive Board, including without limitation the share of common expense assessments
chargeable to any Lot Owner, any fines which may be levied on a Lot Owner, any penalties
assessed pursuant to paragraph 4 below, and any unpaid utility fees and assessments charged to
a Lot Owner shall constitute a lien against such Lot superior (prior) to all other liens and
encumbrances, excepting only:
a. Tax and special assessment liens on the Lots in favor of any governmental
assessing unit.
b. All sums unpaid on a first mortgage of record, including any unpaid obligatory
sums as may be provided by encumbrance.
c. Each Owner hereby agrees that the Association's lien on a Lot for assessments as
hereinabove described shall be superior to any Lot exemption as is now or may
hereafter be provided by state or federal law and each Owner hereby agrees that the
acceptance of the deed or other instrument of conveyance in regard to any Lot
within the Subdivision shall signify such grantee's waiver of the any such
exemption.
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Any recorded lien for non-payment ofthe common expenses may be released by recording
a release alien executed by a member of the Executive Board.
If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such
unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest
permitted by law, or at such rate as is determined by the Executive Board, and the Executive Board
may impose a late charge on such defaulting Owner as may be established by the Board. In
addition, the Executive Board shall be entitled to collect reasonable attorneys' fees incurred in
connection with any demands for payment and/or collection of delinquent assessments. To
evidence such lien, the Executive Board shall prepare a written notice setting forth the amount of
such unpaid indebtedness, the name of the Owner of the Lot, and its legal description. Such a
notice shall be signed by one (1) member of the Executive Board and shall be recorded in the
Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced
by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on
real property, upon the recording of a notice of claim thereof. In any such foreclosure, the Owner
shall be required to pay the costs and expenses of such proceedings, the costs and expenses for
filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be
required to pay to the Association any additional assessments against the Lot during the period of
foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the
same. The Executive Board, for the Association, shall have the power to bid on the Lot at
foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its
election, and in addition to any other remedies it may have at law or in equity, may also sue an
Owner personally to collect any monies owed the Association.
If a Lot Owner fails to pay promptly any assessment pertaining to the water or sewer
system, in addition to the remedies set forth above, the Association shall have the right to turn off
the water to said Lot Owner's property.
4. Enforcement Actions and Penalties. The Association, acting by and through its
Executive Board, shall have the right to prosecute any action to enforce the provisions of all of
these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands
within the Subdivision. In addition, each Owner of land within the Subdivision, including the
Association, shall have the right to prosecute any action for injunctive relief and for damages by
reason of any violation of these Covenants. The prevailing party in any enforcement action shall
be entitled to an award of its reasonable costs and attorneys' fees, The Executive Board shall be
entitled to assess penalties for late payment of assessments due the Association and to collect
interest thereon at rates to be determined from time to time by the Executive Board but not to
exceed 1.5 percent per month. After thirty (30) days, written notice to any Owner of a violation
of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association
may levy, in addition to the other remedies set forth herein, a penalty of $25.00 per day for every
day the violation exists or continues after the expiration of said 30 -day period.
5. Limitations of Actions. In the event any construction or alteration or landscaping
work is commenced upon any of the lands in the Subdivision in violation of these Covenants and
no action is commenced within one (1) year thereafter to restrain such violation, then injunctive
or equitable relief shall be denied, but an action for damages shall still be available to any party
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aggrieved. This one-year limitation shall not apply to injunctive or equitable relief for other
violations of these Covenants.
ARTICLE IX
INSURANCE
1. Types of Insurance. The Association shall obtain and keep in full force and effect
the following insurance coverage, if appropriate:
a. Public liability and property damage insurance, including medical payments
insurance, in an amount to be determined by the Board, covering all occurrences
commonly insured against for death, bodily injury and property damage arising out
of or in connection with the ownership, operation, maintenance or other use of
Association property. This policy shall also cover operation of automobiles or
other vehicles or equipment on behalf of the Association.
b. Worker's compensation and employer's liability insurance in the amounts and in
the forms required by law.
c. The Executive Board, at its discretion, may elect to secure fidelity coverage against
the dishonesty of employees, destruction or disappearance of money or securities,
and forgery. Any such policy shall also cover persons who serve the Association
without compensation.
d. Coverage for members of the Board and officers of the Association, including
committee members, against libel, slander, false arrest, invasion ofprivacy, errors
and omissions, and other forms of liability generally covered in officers and
directors liability policies.
e. Coverage against such other risks of a similar or dissimilar nature as the Board
deems appropriate.
ARTICLE X
GENERAL PROVISIONS
1. Covenants to Run. All of the covenants contained in this instrument shall be a
burden on the title to all of the lands within the Subdivision, and the benefits thereof shall inure
to the Owners of the lands in the Subdivision and the benefits, and burdens of all said covenants
shall run with the title to all of the lands in the Subdivision.
2. Terniination of Covenants In the event these Covenants have not been sooner
lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County
, Colorado, and the provisions herein contained, these Covenants may be terminated on January
1 of the year 2028 by a vote of seventy-five percent (75%) ofthe votes entitled to be cast by the
members of the Association. If these Covenants are not so terminated, then they shall continue
to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a
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25 -year period, the Covenants are terminated by a vote of seventy-five percent (75%) of the votes
entitled to be cast by the members of the Association at a meeting of the members duly held. In
the event of any such termination by the members, a properly certified copy of the resolution of
termination shall be placed on record in Garfield County, Colorado, not more than six (6) months
after the meeting at which such vote is cast.
3. Amendment of Covenants. Once ninety-nine percent (99%) of the Lots are sold,
these Covenants may be amended by a vote of seventy-five percent (75%) of the votes entitled to
be cast by the members of the Association. Until then, the Covenants may be amended by a vote
of fifty-one percent (51%) of the votes entitled to be cast. The votes must be cast at a meeting of
the members duly held, provided a properly certified copy of the resolution of amendment be
placed on record in Garfield County, Colorado, no more than six (6) months after said meeting.
Every amendment to these Covenants must be recorded in the office of the Garfield County Clerk
and Recorder and shall be effective only upon recording.
4. Severability. Should any part or parts of these Covenants be declared invalid or
unenforceable by any court of competent jurisdiction, such decision shall not affect the validity
of the remaining covenants.
5. Paragraph Headings and Underlining. The paragraph headings and underlining
within this instrument are for convenience only and shall not be construed to be a specific part of
the covenants contained herein.
6. Limited Liability. The Association and the Board shall not be liable to any party
for any action or for any failure to act with respect to any matter if the action taken or failure to
act was in good faith and without malice. The Owners jointly and severally agree to indemnify
the Association and the Board against loss resulting from such action or failure to act if the
Association and the Board acted or failed to act in good faith and without malice.
7. Rule Against Perpetuities. If any of the terms, covenants, conditions„ easements,
restrictions, uses, (imitations or obligations created by these Covenants shall be unlawful or void
for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule
restricting restraints on alienation, or (c) any other statutory or common law rules imposing like
or similar time limits, such provision shall continue only for the period of the life of the
undersigned representative of Declarant executing these Covenants, his now living descendants,
and the survivor of them, plus twenty-one (21) years.
IN WITNESS WHEREOF, this Declaration ofCovenants, Conditions and Restrictions for
Springridge Reserve has been executed as of the day and year first written above.
By
Ia2005q; lientslCireenwald`.3-Springridge-6R21Documcnls'{'pvenanls.wpd
DECLARANT:
Bradley J. r reen aid, President
Springri :c at lenwood Springs Development
Corporation
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STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
d and sworn to before me thissVie6day of, 2005 by Bradley J.
ent of Springridge at Glenwood Springs Deve pment Corporation.
My commission expires;
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EXHIBIT A
SPRINGRIDGE RESERVE, PHASE I
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE E1/2, THE E1/2NW1/4, THE NE1/4SW1/4 AND LOT 7
OF SECTION 10, THE SW1/4SW1/4 OF SECTION 11 AND THE N1/2NE1/4 OF SECTION 15,
ALL IN TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 10; THENCE ALONG THE EASTERLY LINE
OF SAID SECTION 10 S.00°15'30"E. 562.53 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EASTERLY LINE OF SECTION 10 S.00°15'30"E 783.14
FEET TO THE S1/16 CORNER OF SAID SECTION 10 AND SECTION 11, A REBAR AND CAP
L.S. #19598 IN PLACE;
THENCE LEAVING SAID EASTERLY LINE N.89°39'54"E. ALONG THE NORTHERLY LINE OF THE
SW1/4SW1/4 OF SAID SECTION 11 1327.31 FEET TO THE SW1/16 CORNER OF SAID SECTION
11 A REBAR AND CAP L.S. #19598 IN PLACE;
THENCE LEAVING SAID NORTHERLY LINE S.00°04'29"E. ALONG THE EASTERLY LINE OF
SAID SW1/4SW1/4 1331.22 FEET TO THE W1/16 CORNER OF SAID SECTION 11 AND
SECTION 14, A REBAR & CAP L.S. #19598 IN PLACE;
THENCE LEAVING SAID EASTERLY LINE S.89°02'20"W. ALONG THE SOUTHERLY LINE OF SAID
SECTION 11 1323.14 FEET TO THE SE CORNER OF SECTION 10, A GARFIELD COUNTY
SURVEYOR BRASS CAP IN PLACE;
THENCE LEAVING SAID SOUTHERLY LINE S.00°27'25"E. ALONG THE EASTERLY LINE OF
SAID SECTION 15 1353.71 FEET TO THE N1/16 CORNER OF SAID SECTION 14 AND SECTION
15 (WHENCE A REBAR AND CAP L.S. #15710 BEARS S.02°23'14"W. 4.39 FEET);
THENCE LEAVING SAID EASTERLY LINE 5.87°58'49"W. ALONG THE SOUTHERLY LINE OF THE
N1/2NE1/4 OF SAID SECTION 15 2614.40 FEET TO THE NORTH -CENTER 1/16 CORNER OF
SAID SECTION 15;
THENCE LEAVING SAID SOUTHERLY LINE N.00°37'33"W. ALONG THE WESTERLY LINE OF SAID
N1/2NE1/4 1303.08 FEET TO THE S1/4 CORNER OF SAID SECTION 10, A STONE IN PLACE;
THENCE LEAVING SAID WESTERLY LINE S.89°48'29"W. ALONG THE SOUTHERLY LINE OF
SAID SECTION 10 1130.84 FEET TO THE SW CORNER OF LOT 7 OF SAID SECTION 10;
THENCE LEAVING SAID SOUTHERLY LINE N.00°32'29"W. ALONG THE WESTERLY LINE OF
SAID LOT 7 1003.99 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE 5.89°27'31"W. 199.47 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE N.00°32'07"W. 388.88 FEET TO THE
SW1/16 CORNER OF SAID SECTION 10;
THENCE LEAVING SAID WESTERLY LINE OF LOT 7 N.00°32'07"W. ALONG THE WESTERLY
LINE OF THE NE1/4SW1/4 OF SAID SECTION 10 1391.64 FEET TO THE WEST -CENTER 1/16
CORNER OF SAID SECTION 10;
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Continuation of Schedule A - Legal Description
THENCE LEAVING SAID WESTERLY LINE OF THE NE1/4SW1/4 N.00°32'13"W. ALONG THE
WESTERLY LINE OF THE E1/2NW1/4 OF SAID SECTION 10 759.08 FEET;
THENCE LEAVING SAID WESTERLY LINE THE FOLLOWING TWENTY TWO (22) COURSES:
1) 5.34°29'37"E. 421.64 FEET;
2) 5.34°20'18"E. 474.68 FEET;
3) 5.39°00'10"E. 379.91 FEET;
4) S.58°58'34"E. 394.08 FEET;
5) S.39°27'18"E. 765.56 FEET;
6) N.18°17'02"E. 54.00 FEET;
7) 5.25°41'08"E. 243.01 FEET;
8) N.64°22'20"E. 466.41 FEET;
9) N.20°10'44"W. 152.41 FEET;
10) 59.48 FEET ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 737.45
FEET AND A CENTRAL ANGLE OF 04°37'17" (CHORD BEARS N.22°29'23"W. 59.47 FEET);
11) N.24°48'01"W. 171.20 FEET;
12) 149.35 FEET ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF
487.85 FEET AND A CENTRAL ANGLE OF 17°32'24" (CHORD BEARS N.33°34'13"W. 148.76
FEET);
13) N.42°20.25"W. 225.80 FEET;
14) N.43°27'11"W. 156.00 FEET;
15) N.44°24'16"W. 252.51 FEET;
16) N.44°29'33"W. 459.79 FEET;
17) 75.87 FEET ALONG THE ARC OF CURVE TO TBE RIGHT HAVING A RADIUS OF
2,185.11 FEET AND A CENTRAL ANGLE OF 01059'22" (CHORD BEARS N.43°29'52"W. 75.87
FEET);
18) N.42°30'11"W. 325.96 FEET;
19) N.39°11'53"W. 411.12 FEET;
20) N.47°02'24"W. 528.36 FEET;
21) N.59°50'04"W. 40.78 FEET;
22) N.56°38'03"W. 210.97 FEET TO A POINT ON THE WESTERLY LINE OF THE E1/2
NW1/4 OF SECTION 10;
THENCE N.00°32.13"W. ALONG THE WESTERLY LINE OF THE E1/2NW1/4 OF SAID SECTION
10 72.29 FEET TO A POINT ON THE BOUNDARY OF THE RECORDED PLAT OF THE
SPRINGRIDGE PLACE SUBDIVISION;
THENCE LEAVING SAID WESTERLY LINE THE FOLLOWING EIGHT (8) COURSES ALONG SAID
BOUNDARY OF SPRINGRIDGE PLACE SUBDIVISION;
1) 5.56°38'03"E. 249.62 FEET;
2) 5.59°50.04"E. 45.83 FEET;
3) 5.47°02'24"E. 539.20 FEET;
4) 5.39°11'53"E. 413.50 FEET;
5) N.68°08'36"E. 106.95 FEET;
6) N.01°04'51"W. 697.23 FEET;
7) N.25°28'37"E. 853.87 FEET;
8) N.89°49'19"E. 499.93 FEET;
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Continuation of Schedule A - Legal Description
THENCE LEAVING THE SAID BOUNDARY S.54°08'53"E. 18.14 FEET;
THENCE 39.37 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT' HAVING A
RADIUS OF 65.00 FEET AND A CENTRAL ANGLE OF 34°42'27" (CHORD BEARS
S.10°04'46"W. 38.78 FEET);
THENCE 10.47 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS
OF 10.00 FEET AND A CENTRAL ANGLE OF 60°00'00" (CHORD 5.22°43'32"W. 10.00 FEET);
THENCE 10.47 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS
OF 10.00 FEET AND A CENTRAL ANGLE OF 60°00'00" (CHORD 5.22°43'32"W. 10.00 FEET);
THENCE 5.07°16'28"E. 580.59 FEET;
THENCE 62.57 FEET ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 75.00
FEET AND A CENTRAL ANGLE OF 47°48'01" (CHORD BEARS S.31°10'28"E. 60.77 FEET);
THENCE S.55°04'29"E. 367.93 FEET;
THENCE 46.61 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 175.00
FEET AND A CENTRAL ANGLE OF 15°15'40" (CHORD BEARS S.47°26'39"E. 46.47 FEET);
THENCE S.39°48'49"E. 232.75 FEET;
THENCE 27.71 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 75.00
FEET AND A CENTRAL ANGLE OF 21°10'12" (CHORD BEARS 5.29°13'43"E. 27.55 FEET);
THENCE 30.72 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A
RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 87°59'52" (CHORD BEARS
S.25°21'19"W. 27.79 FEET);
THENCE 5.20°38'45"E. 50.00 FEET;
THENCE 106.71 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 225.00 FEET AND A CENTRAL ANGLE OF 27°10'23" (CHORD BEARS
N.82°56'27"E. 105.71 FEET);
THENCE 5.83°28'22"E. 352.04 FEET;
THENCE 368.74 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF
375.00 FEET AND A CENTRAL ANGLE OF 56°20'24" (CHORD BEARS S.55°18'10"E. 354.08
FEET);
THENCE S.27°07'58"E. 364.87 FEET;
THENCE 37.69 FEET ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 225.00
FEET AND A CENTRAL ANGLE OF 09°35'52" (CHORD BEARS S.31°55'54"E. 37.65 FEET);
THENCE S.14°42'26"W. 225.23 FEET;
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Continuation of Schedule A - Legal Description
THENCE 5.34°09'04"W. 275.28 FEET;
THENCE N.49°08'12"W. 90.86 FEET;
THENCE 89.57 FEET ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 105.00
FEET AND A CENTRAL ANGLE OF 48°52'41" (CHORD BEARS N.73°34'32"W. 86.88 FEET);
THENCE S.81°59'07"W. 97.54 FEET;
THENCE N.59°09'39"W. 322.53 FEET;
THENCE S.08°52'37"W. 195.94 FEET;
THENCE S.02°59'01"E. 199.27 FEET;
THENCE S.03°07'54"E. 219.96 FEET;
THENCE S.02°54'48"E. 210.58 FEET;
THENCE S.02°49'45"E. 223.74 FEET;
THENCE N.83°40'22"W. 243.12 FEET;
THENCE S.64°51'12"W. 50.00' FEET;
THENCE N.25°08'48"W. 173.08 FEET;
THENCE 202.10 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 370.56 FEET AND A CENTRAL ANGLE OF 31°14'58" (CHORD BEARS
N.09°31'19"W. 199.61 FEET);
THENCE WEST 274.71 FEET;
THENCE 41.74 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 547.85 FEET AND A CENTRAL ANGLE OF 04°21'56" (CHORD BEARS
S.26°58'59"E. 41.73 FEET);
THENCE 5.24°48'01"E. 171.20 FEET;
THENCE 64.32 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 797.45 FEET AND A CENTRAL ANGLE OF 04°37'17" (CHORD BEARS
S.22°29'23"E. 64.30 FEET);
THENCE S.20°10'44"E. 201.57 FEET;
THENCE 8.36 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 1210.74 FEET AND A CENTRAL ANGLE OF 00°23'44" (CHORD BEARS
S.19°58'51"E. 8.36 FEET);
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Continuation of Schedule A - Legal Description
THENCE 5.19°46'59"E. 164.45 FEET;
THENCE 345.04 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 1600.65 FEET AND A CENTRAL ANGLE OF 12°21'03" (CHORD BEARS
5.25°57'30"E. 344.37 FEET);
THENCE S.32°08'02"E. 758.36 FEET;
THENCE 51.50 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 815.07 FEET AND A CENTRAL ANGLE OF 03°37'13" (CHORD BEARS
S.30°19'25"E. 51.49 FEET);
THENCE S.28°30'49"E. 89.80 FEET;
THENCE 24.57 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 608.89 FEET AND A CENTRAL ANGLE OF 02°18'42" (CHORD BEARS
S.29°40'09"E. 24.56 FEET);
THENCE 5.82°26'17"E. 364.09 FEET;
THENCE N.68°36'51"E. 378.55 FEET;
THENCE N.23°53'38"E. 527.82 FEET;
THENCE N.06°29'45"W. 438.03 FEET;
THENCE N.23°32'39"W. 237.88 FEET;
THENCE N.37°00'17"W. 224.84 FEET;
THENCE N.41°01'14"W. 202.96 FEET;
THENCE N.34°59'05"W. 233.03 FEET;
THENCE N.33°42'09"W. 262.47 FEET;
THENCE S.71°34'56"W. 166.45 FEET;
THENCE N.18°26'46"W. 195.18 FEET;
THENCE 96.41 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 55.00
FEET AND A CENTRAL ANGLE OF 100°25'54" (CHORD BEARS N.31°46'11"E. 84.53 FEET);
THENCE N.81°59'07"E. 97.54 FEET;
THENCE 46.92 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 55.00
FEET AND A CENTRAL ANGLE OF 48°52'41" (CHORD BEARS S.73°34'32"E. 45.51 FEET);
THENCE S.49°08'12"E. 339.67 FEET;
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Continuation of Schedule A - Legal Description
THENCE 158.56 FEET ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 125.00
FEET AND A CENTRAL ANGLE OF 72°40'36" (CHORD BEARS 5.85°28430"E. 148.14 FEET);
THENCE 3.43°27'57"E. 283.25 FEET/
THENCE N.74982.18"E. 301.97 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO