HomeMy WebLinkAbout1.15 Covenants Conditions & Restrictions987354 07/05/2023 11 :29:37 AM Page 1 of 9
Jacklyn K. Harmon, Garfield County, Colorado
Rec Fee: $53.00 Doc Fee: $0.00 eRecorded
SECOND AMENDMI<:NT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR McCLURE RIVER RANCH MASTER ASSOCIATION
{
Ju~2,2023
This Second Amendment to the Declaration of Covenants, Conditions and Restrictions for
McClure River Ranch Master Association ("Second Amendment") amends the Declaration of
Covenants, Conditions and Restrictions for McClure River Ranch Master Association recorded on
December 20, 2022, at Reception No. 982206 and the First Amendment to Declaration of
Covenants, Conditions and Restrictions for McClure River Ranch Master Association recorded
March 17, 2023, at Reception No. 984262 in the office of the Garfield County Clerk and Recorder
("Records") (together. the "Master Covenants") and is made by the holders of more than sixty-
seven percent (67%) of the votes in the Ranch Association (defined below) and is effective as of
the date recorded in the Records. All capitalized terms used but not defined herein shall have the
same meaning as is set fo11h in the Master Covenants.
RECITALS
A. Aspen Polo Partners, LLP, a Colorado limited liability partnership is the
"Declarant" under the Master Declaration and is the owner of all of the property subject to the
Master Covenants except for Barn Lot 1, Barn Lot 3 and Barn Lot 5, and as such is the holder of
75% of the votes of the Ranch Association. The Barn Association is the holder of the remaining
25% of the votes of the Ranch Association.
B. The McClure River Ranch Association, Inc., a Colorado nonprofit corporation
("Ranch Association"), is the master association created pursuant to the Master Covenants for the
operation and maintenance of the McClure River Ranch Subdivision according to the Final Plat
McClure River Ranch Subdivision of Zone District I with one Common Ownership Tract in Zone
District 2 recorded in the Records on December 20, 2022, at Reception No. 982205 ("Plat").
C. The MRR Barn Lot Association, Inc., a Colorado nonprofit corporation ("Barn
Association"), is the subsidiary association created pursuant to the Declaration of Covenants,
Conditions and Restrictions for MRR Barn Lots Association, Inc. recorded at Reception No.
984035 of the Records.
0. Among other things, the Declarant desires to clarify the uses allowed for the Barn
Lots, to clarify the connections to and usage of the various components of the On-Site Wastewater
Treatment Systems (OWTSs) servicing the various parcels within the Project and to increase the
voting power of the Barn Association with respect to certain water-related and facility-usage
matters.
E. The Master Covenants provide, at Section 13 .2, that the Master Covenants may be
amended by the vote of the holders of sixty-seven percent (67%) of the votes in the Ranch
Association. Presently, the Declarant together with the Barn Association hold I 00% of the votes
of the Ranch Association.
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Jacklyn K. Harmon, Garfield County, Colorado
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F. This Second Amendment was approved by a unanimous vote of the Members of
the Ranch Association.
THEREFORE, the Master Covenants are amended as follows:
1. Section 2.1 of the Master Declaration is amended by the deletion of the introductory clause
and the substitution therefor with the following: "Each capitalized term in this Declaration
or on the PUD Plan or the Plat shall have the meaning specified or as used in the Act, unless
otherwise defined in this Declaration. If the definition for a term is not provided in the Act
or this Declaration, then the definition used in the then-current Garfield County Land Use
and Development Code shall apply. The following terms shall have the following
meanings:"
Subsection (I) is deleted and replaced with the following: (I) ""Common Area" means any
portion of the Community designated in this Declaration or on a Plat or any Supplemental
Plat as Common Area, Easement or Open Space and which is owned or maintained by the
Association for the common use and enjoyment of the Owners, including, but not limited
to, pathways, trails, roads, entry features, etc."
In addition, subsection (vv), which was amended by the First Amendment, is amended
again by the deletion of the second sentence and the first word of the third sentence, so that
subsection (vv) now states as follows: "(vv) 'Wells' means all water wells on Community
property. The well permits for wells on Barn Lots will be held by the individual Owners of
the Barn Lots. If the Owner of Tract B uses the Barn Lot 6 well to serve the maintenance
barn on Tract B, the Owner of Tract B will either jointly hold the Barn Lot 6 well permit
with the Barn lot 6 Owner, or the Owner of Tract B may obtain a separate well permit for
the maintenance barn uses."
Further a new subsection (ww) is added to Section 2.1 as follows: "(ww) "Barn" means a
building used to shelter or enclose horses, feed, riding equipment or field equipment, or
otherwise used in support of an on-site equestrian operation. Further, a Barn may include
an office and residential facilities provided that any such office or residential facilities are
accessory to and used in support of the equestrian operation of the Barn and shall not be
subdivided from the equestrian building. Provided, however, occupants of the residential
facilities within the Maintenance Barn may or may not be employed at the Maintenance
Barn."
2. Section 3.1 of the Master Covenants is deleted and replaced with the following:
Section 3.1 Allocated Interests and Voting Rights in the Ranch Association. All persons or
entities who own or acquire the title in fee to Tract A, Tract B or Lot 7, by whatever means
acquired, shall automatically become a "Member" of the Ranch Association. Further, the
Barn Association, itself, as an entity, shall be a Member of the Ranch Association.
3.1. l The Allocated interests of the Members of the Ranch Association
are as set forth on Exhibit E. The Allocated Interests in the Ranch Association shall
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Jacklyn K. Harmon, Garfield County, Colorado
Rec Fee: $53.00 Doc Fee: $0.00 eRecorded
be one interest each to Tract A, Tract B, Lot 7 and the Barn Association. In the
event any of the Reserved Property is annexed to the Community, the formula for
allocation of the Allocated Interests shall be a fraction the numerator of which is
one and the denominator of which is the total number of memberships in the Ranch
Association.
3 .1.2 Each membership shall be entitled to one (I) vote in the Ranch
Association, except as provided below regarding Barn Association votes on certain
matters. If more than one (I) individual or entity owns a Lot or Tract, a
representative of such multiple Owners shall be designated and shall vote all the
votes allocated to such membership. There shall be no fractional voting permitted.
The Barn Association membership shall have one vote and it shall be cast by the
Member of the Barn Association appointed by the Barn Association to the Board
of Directors of the Ranch Association. However, for any matter related to (i) wells
and water rights that affects the use of wells or water rights on the Barn Lots or (ii)
use of the Exercise Track or the Tract B polo field as provided in Section 6.29, the
Barn Association shall have two votes and any approval of matters related to such
two subject matters shall require the approval of 67% of the votes of the Ranch
Association. Further, any amendment of this Section shall require the approval of
the Barn Association.
a. Matters that affect the use of wells and water rights on the Barn
Lots include, but are not limited to, amendments to the
declaration of the Ranch Association or the Barn Association or
adoption or amendment of rules and regulations or guidelines
that: 1) remove the requirement that Ranch Association provide
Basin Ditch irrigation water to Barn Lots, or 2) that remove the
right of Barn Lot owners to obtain well permits or water
allotment contracts for the wells on their Barn Lot or to expand
use of the well on their Barn Lot, or 3) that allow the Ranch
Association to convey Basin Ditch water rights that are needed
for Barn Lot irrigation to a third party, or 4) otherwise change or
affect the rights of Barn Lot owners to receive Basin Ditch
irrigation water or to use their wells to serve the uses on their
Barn Lot.
b. Matters that are related to use of the Exercise Track or the Tract
B polo field include, but are not limited to, amendments to the
declaration for the Ranch Association or the Barn Association
or adoption or amendment of rules and regulations that: I) affect
the ability of the Ranch Association to properly irrigate the Tract
B polo field, or 2) remove or regulate Barn Lot owners access to
and use of the Tract B polo field.
c. Ranch Association shall not take any action that would result in
Basin Ditch water not being available to properly irrigate the
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Jacklyn K. Harmon, Garfield County, Colorado
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Tract B polo field without consent from the lender with an
interest in Tract B.
3.1.3 The Members representing a majority of votes m the Ranch
Association shall constitute a quorum.
3 .1.4 In the event future Lots or Tracts are created within Tract A or Tract
B as a result of the exercise of reserved development rights, each such Lot or Tract
shall be entitled to a membership in the Ranch Association or, in Declarant's
discretion, any other association created on behalf of such owners of Lots or Tracts
in Tract A or Tract B.
3. Section 3.3 is amended to add a new subsection (iv) as follows:
"(iv) to own and operate Basin Ditch water rights sufficient to irrigate one acre on each of
the Barn Lots and the polo field on Tract B."
4. Section 4.6.3 is amended to add the following provision to the end of the last sentence:",
except a well to serve the maintenance barn if the Owner of Tract B chooses to drill such
a well."
5. Section 6.13 of the Master Covenants is deleted and replaced with the following:
Section 6.13 Sanitary Systems. No sewerage disposal system, sanitary system, cesspool,
or septic tank shall be constructed, altered, or allowed to remain or be used on any Lot or
Tract unless fully approved as to design, capacity, location, and construction by all proper
public health agencies of the State of Colorado and Garfield County; and unless approved
by the Architectural Committee. On-site wastewater treatment systems shall be prohibited
on any lot or parcel of one acre or less in size. Provided, however, lots less than one acre
within Zone 1 (as defined on the PUD Plan Map recorded in the Records as Reception No.
945440) may be connected to an OWTS on another parcel greater than one acre with
easements as depicted on the Plat.
6.13.1 Declarant has or intends to construct four separate OWTSs on the
Real Estate. These are known as the North OWTS, Middle OWTS, South OWTS
and East OWTS. The North, Middle and South OWTSs all are or will be located
on Tract B within a utility easement on Tract B as shown on the Plat. The East
OWTS will be located within Lot 7. The North OWTS shall be used by Lot 5, Lot
6 and structures within the Tract B Building Envelope shown on the Plat. The
Middle OWTS shall be used by Lot 4 and the Cabins to be located within the Tract
A Building Envelope. The South OWTS shall be used by Lot 1, Lot 2 and Lot 3.
The East OWTS shall be used by Lot 7.
6.13.2 Pursuant to Section 3.4 of the Engineering Report prepared by
Roaring Fork Engineers for McClure River Ranch dated October 24, 2019
("Engineering Report"), the North, Middle and South OWTSs are designed and
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Jacklyn K. Harmon, Garfield County, Colorado
Rec Fee: $53.00 Doc Fee: $0.00 eRecorded
sized to provide for the construction of Barns, the Cabins, and residential facilities
accessory to the Barn where such residential facilities are located. Pursuant to the
Engineering Report, each OWTS is designed to a treatment capacity of 2,000
gallons of effluent per day. Based on that limitation, the maximum volume of
effluent allowed and the number of bedrooms which may be constructed in the
residential portions of the following structures shall be limited as follows:
a. Barn Lots 1, 2, 3, 4 and 5: 650 gpd maximum each; up to
four residential bedrooms each;
b. Barn Lot 6: 350 gpd maximum; up to two residential
bedrooms;
c. Maintenance Barn: 950 gpd maximum; up to six bedrooms;
and
d. Four Guest Cabins located on Tract A: 1,300 gpd maximum,
total; up to eight residential bedrooms in total.
Regardless of the number of bedrooms allowed by the above schedule, the
Barns on Lots 1-6, the Maintenance Barn, and the Four Guest Cabins on Tract A
shall not exceed the individual maximum effluent volumes allowed per the above
schedule.
6.13.3 All wash stalls shall be drained to a dry well or other drainage on
the respective Lot and shall not discharge into an OWTS.
6.13.4 Each structure in any Lot or Building Envelope shall install a
working metering or monitoring system in order to record the number of gallons of
sewage disposed daily into their respective OWTS. Records of daily sewage output
shall be reported to the Ranch Association on a monthly basis upon request by the
Ranch Association. Each Barn Lot Owner, the owner of Tract A (for the four Guest
Cabins), and the owner of Tract B (for the Maintenance Barn) hereby grant the
Ranch Association an access easement into the Barns and Guest Cabins for the
purposes of reading and inspecting such meters or monitoring systems, if necessary.
The owner of any facility that discharges sewage to the OWTS in excess of the
amounts listed above in Section 6.13.2 may be required by the Ranch Association
to limit the flow of sewage to the O WTS either by restricting the number of
occupants or by creating additional OWTS capacity, or some other means
acceptable to the Ranch Association.
6.13 .5 In the event a wastewater treatment facility ("WWTF") is developed
in the Community the WWTF shall be sized appropriately to accommodate all
potential residential and commercial uses including any structures which may be
built on the Reserved Property. At the time of necessary replacement or expansion
of any existing (OWTS), land uses supported by existing OWTS shall instead
connect to a WWTF if such a facility is available within the Community.
6. Section 6.22 of the Master Covenants is amended to include the following subsection:
5
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Jacklyn K. Harmon, Garfield County, Colorado
Rec Fee: $53.00 Doc Fee: $0.00 eRecorded
a. Ranch Association shall use Basin Ditch water rights that were conveyed to Ranch
Association by Aspen Polo Partners LLP to provide water to Barn Lots for
irrigation of one acre on each Barn Lot and to properly irrigate the polo field on
Tract B. The amount of Basin Ditch water rights for use on the Tract B polo field
is 0.495 cfs from all priorities owned and the amount for Barn Lots irrigation is
0.286 cfs from all priorities owned. Ranch Association shall ensure these amounts
of Basin Ditch water rights are available for irrigation of Barn Lots and the Tract B
polo fields during the irrigation season. Ranch Association shall not take any action
that would result in Basin Ditch water not being available to properly irrigate the
Tract B polo field without consent from the lender with an interest in Tract B.
7. A new Section 6.28 is added to the Master Covenants as follows:
Section 6.28. Use of Barn Lots. The Barn Lots are intended to be used solely for Barns
and associated accessory uses, subject to the McClure River Ranch PUD Guide recorded
in the Records on November 16, 2020, at Reception No. 945439. No residential structures
may be constructed on a Barn Lot except for such residential facilities that are accessory
to or subordinate to a Barn.
8. A new Section 6.29 is added to the Master Covenants as follows:
Section 6.29. Use of Exercise Track and Polo Field No. 2. Subject to any reasonable Rules
and Regulations imposed by the Board, including but not limited to times of day, watering,
and maintenance, each Barn Lot owner and their grooms and other employees shall have
the right to access to and use of the Exercise Track around the Tract B polo field. Subject
to any reasonable Rules and Regulations imposed by the Board and further subject to the
limitations of the Polo Fields Lease Agreement dated May 25, 2021, or similar successor
or replacement leases of the Tract B polo field, each Barn Lot owner and one companion
shall have the right of access to and use of the Tract B polo field for riding horses and for
polo practice ("stick and ball").
9. Section 12.4 is deleted and replaced with the following:
Section 12.4 Owner Insurance Coverage Requirements. Each owner of property within the
Community shall obtain General Liability Insurance in minimum amounts and with such
coverages as may be determined from time to time by the Board of Directors and all such
policies shall name the Ranch Association and all other owners of property within the
Community as additional insureds. The Ranch Association shall have no liability for the
failure of any Owner to maintain required insurance. In the event of payment of any loss
covered by such policies, the Ranch Association shall be paid first by the insurance
company for the Ranch Association's loss. Such policies shall also contain an express
waiver of any right of subrogation by the insurance company against the Ranch Association
and the Owners hereby waive their right of subrogation against the Ranch Association.
Upon request by the Board or another owner of property in the Community, an owner of
property in the Community shall furnish a copy of such insurance policy or policies to the
Ranch Association and the other requesting owner.
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Jacklyn K. Harmon, Garfield County, Colorado
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I 0. Section 12.5 is deleted and replaced with the following:
Section 12.5 Third-Party Insurance Requirements. Any person or entity leasing, occupying
or otherwise using property within the Community for any equine activities on any portion
of the Community property, including, but not limited to, any polo fields, exercise track,
roadways, or trails, shall have in full force and effect prior to conducting any such activity
commercial liability insurance naming the Ranch Association and all other owners of
property within the Community as additional insureds in amounts and with coverages as
may be set from time to time by the Board of Directors. Such third parties shall provide a
copy of such policy or policies to the Ranch Association or other Community property
owners upon request.
11. Exhibit E to the Master Covenants is deleted and replaced with Exhibit E as attached hereto
and incorporated herein by this reference.
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Jacklyn K. Harmon, Garfield County, Colorado
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EXHIBITE
(Votes and Allocated Interests)
PARCEL Votes Votes that Affect the Use of
Wells and Water Rights on
the Barn Lots or that Affect
the Use of the Exercise
Track or Polo Field No. 2
Tract A 1 1
Tract B I 1
Lot7 1 1
Barn Lot Assn l 2
TOTAL: 4 5
9
Allocated Interests
25%
25%
25%
25%
100%
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2. Section 3 .11. A new Section 3 .11 is added to the Master Covenants as follows:
Section 3.11 Declarant Control. During Declarant Control, Declarant shall have the
reserved power, pursuant to Section 303(5) of the Act, to appoint and remove Officers
and members of the Board.
3. Section 3.12. A new Section 3.12 is added to the Master Declaration as follows:
Section 3.12 No Obligation to Construct Improvements. Notwithstanding any reference
to an improvement or potential improvement in this Declaration, Declarant and Declarant's
successors and assigns and Owners of Tract A, Tract B or Lot 7 shall have no obligation
to install, construct or, if installed and damaged, to replace any improvements on Tract A,
Tract B or Lot 7.
4. Section 4.3 of the Master Covenants is amended by the deletion of the word "wells" and
by the deletion of the following words at the end of such Section: "; and all costs of
operation, maintenance, repair and replacement of the maintenance barn and associated
dwelling units on Tract B."
5. Section 4.4 of the Master Covenants is deleted and replaced with the following:
Section 4.4 Barn Association. The following Common Expense liabilities shall be
assessed to and paid for solely by the Barn Association: all expense for operation,
maintenance, repair and replacement of or for Chukka Trail to the west of the Barn Lots
Gate, 50% of Chukka Trail to the east of the Barn Lots Gate (including snow removal), the
Barn Lots Gate, landscaping west of the Barn Lots Gate, all aspects of inigation within the
Barn Lots, and operation of the Water System components within the Barn Lots that are
used to serve the Barn Lots.
6. Section 4.6.3 is deleted and replaced with the following:
4.6.3 The Owner of Tract B shall pay all expenses related to maintenance, repair and
replacement (if built) of any improvements and structures built on Tract B, including but
not limited to a Polo Field, Exercise Track, the maintenance barn and any residential
housing that may be built therein; but, for the sake of clarity, not including any structures
or improvements related to the Water System or landscaping.
7. A new Section 8.3 is added as follows:
Section 8.3 Member and Barn Lot Owner Access. There is hereby reserved to and for
the benefit of the Ranch Association and, specifically, the Owners of Barn Lots, their
successors and assigns, a perpetual, non-exclusive easement for the use of the Common
Areas, subject to such reasonable rules and regulations as may be adopted by the Board.
2
1111 WJ~JN'lr'JH~~~1t ~~,~1~fl-J~~~,1f.ll11,iw. II Ill
Reception~: 982206
12/20 /2022 12 :48 :32 PM Jean Alberico
1 of 42 Rec Fee :$218 .00 Dae Fee:0 .00 GARFIELD COUNTY CO
MCCLURE RIVER
RANCH
Table of Contents
RECITALS ........................................................................................................................................... l
ARTICLE 1: SUBMISSION/PURPOSE ............................................................................................. 1
Section 1.1 Submission of Real Estate/Purpose ......................................................................... 1
Section 1.2 Planned Community ................................................................................................ 2
ARTICLE 2: DEFJNITIONS ............................................................................................................... 2
Section 2.1 Definitions ............................................................................................................... 2
ARTICLE 3: McCLURE RIVER RANCH ASSOCIATION ............................................................... 6
Section 3 .I Allocated Interests and Voting Rights in the Ranch Association ............................ 6
Section 3 .2 Governing Instruments ............................................................................................ 7
Section 3 .3 Authority ................................................................................................................. 7
Section 3 .4 Option to Engage Professional Management .......................................................... 8
Section 3.5 Election of the Board .............................................................................................. 8
Section 3.6 Budget ..................................................................................................................... 8
Section 3.7 Assessments ............................................................................................................ 8
Section 3.8 Assessment Lien ..................................................................................................... 8
Section 3.9 Enforcement/Collection .......................................................................................... 9
Section 3. IO Statement of Assessments and Liability of Purchasers ........................................... 9
ARTICLE 4: ASSESSMENT RESPONSIBILITY ............................................................................ 10
Section 4.1 Creation of Association Lien and Personal Obligation to Pay Common Expense
Assessments ............................................................................................................................... I 0
Section 4.2 Apportionment of Common Expenses .................................................................. 11
Section 4.3 All Lots and Tracts ................................................................................................ 11
Section 4.4 Barn Association ................................................................................................... 11
Section 4.5 Ranch Association ................................................................................................. 11
Section 4.6 Individual Lots or Tracts ....................................................................................... 12
Section 4.7 Association-Owned Property ............................................................................... 12
ARTICLE 5: ARCHITECTURAL COMMITTEE ............................................................................ 12
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Architectural Committee ....................................................................................... 12
Approval by Architectural Committee .................................................................. 13
Variances ............................................................................................................... 13
General Requirements ........................................................................................... 13
1111 ~11r-'r.~,i<.t!1U:.~ IWJ.l~1r.."~&+:1 ~.\~1~Ul','til~ iNI, 11111
Reception": 982206
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3 of 42 Rec Fee:$218.00 Doc Fee:0.00 GARFIELD COUNTY CO
Section 5.5
Section 5.6
Section 5.7
Section 5.8
Preliminary Approvals .......................................................................................... 13
Architectural Plans ................................................................................................ I 4
Architectural Committee Not Liable ..................................................................... 14
Written Records .................................................................................................... 14
Section 5.9 Appeal to Board ofDirectors ................................................................................ 14
ARTICLE 6: GENERAL RESTRICTIONS ON ALL LOTS AND TRACTS .................................. 15
Section 6.1 Zoning Regulations ............................................................................................... 15
Section 6.2 No Mining, Drilling, or Quarrying ....................................................................... 15
Section 6.3 No Business Uses .................................................................................................. 15
Section 6.4 Signs ...................................................................................................................... 16
Section 6.5 No Discharge of Firearms ..................................................................................... 16
Section 6.6 Towers and Antennae ............................................................................................ 16
Section 6. 7 Tanks ..................................................................................................................... 16
Section 6.8 Used or Temporary Structures .............................................................................. 16
Section 6.9 Exterior Lighting ................................................................................................... 16
Section 6.10 Dust Control .......................................................................................................... 16
Section 6.11 Weed Control ........................................................................................................ 16
Section 6.12 Road Damage ........................................................................................................ 16
Section 6.13 Sanitary Systems ................................................................................................... I 7
ARTICLE 7: RIGHT OF FIRST REFUSAL ..................................................................................... 21
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Right of First Refusal ............................................................................................ 21
Association ROFR ................................................................................................ 22
Other Owner's Right ............................................................................................. 22
No Exercise ofROFR .......................................................................................... 22
Unreasonable Terms .............................................................................................. 22
ARTICLE 8: EASEMENTS AND LANDS RESERVED ................................................................. 22
Section 8.1
Section 8.2
Easements Reserved .............................................................................................. 22
Irrigation Easements ............................................................................................. 23
ARTICLE 9: SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS ...... 23
Section 9.1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
Special Declarant Rights ....................................................................................... 23
Exercise of Development Rights ........................................................................... 23
Amendment of Declaration ................................................................................... 23
Amendment of Plat ............................................................................................... 23
Other Rights .......................................................................................................... 23
ii
1111 w,1, .. r+.1~1 t11 !\tl !"&11.,~,ru¥vJ~ i,~111AU""1 IK1i'l1 11111
Receptiontt : 982206
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4 of 42 Rec Fee:$218.00 Doc Fee :0.00 GARFIELD COUNTY CO
Section 9.6 Rights Transferable ............................................................................................... 23
ARTICLE 10: RESERVATION OF DEVELOPMENT RIGHTS ...................................................... 24
Section 10.1 Development/Withdrawal Rights .......................................................................... 24
Section 10.2 Total Units/Lots ..................................................................................................... 24
Section I 0.3 Order of Development. ......................................................................................... 24
Section 10.4 Affordable Housing. . ........................................................................................... 24
Section I 0.5 Entitlements .......................................................................................................... 24
Section I 0.6 Lot Line Adjustments ............................................................................................ 24
Section 10.7 Amendment of the Declaration ............................................................................. 24
Section l 0.8 Amendment of the Plat ......................................................................................... 25
Section I 0.9 Declaration Operative on New Lots, Tracts and Dwelling Units ......................... 25
Section 10.10 Construction Easement ......................................................................................... 25
Section 10 .11 Termination of Expansion and Development Rights ............................................ 25
Section 10.12 Declarant's Exercise of Special Declarant Rights and Other Development Rights ..
••••••••••••••••••··•··•·•··•·•··•·•··•····•·•••••••·••······•··· .............................................................. 25
ARTICLE I 1: ENFORCEMENT/DISPUTE RESOLUTION ........................................................... 26
Section 11.1 Enforcement Action .............................................................................................. 26
Section I I .2 Limitations on Actions Related to Construction ................................................... 27
ARTICLE 12: INSURANCE ............................................................................................................. 28
Section 12.1 Insurance ............................................................................................................... 28
Section 12.2 Fidelity Insurance .................................................................................................. 28
Section 12.3 Insurance Premiums are Common Expenses ........................................................ 28
ARTICLE 13: GENERAL PROVISIONS ......................................................................................... 29
Section 13.1 Covenants to Run with the Land ........................................................................... 29
Section 13 .2 Termination and Amendment of Declaration ........................................................ 29
Section 13.3 Severability ........................................................................................................... 29
Section 13.4 Repeal oftheAct ................................................................................................... 29
Section 13.5 Section Headings .................................................................................................. 29
Section 13.6 Notices .................................................................................................................. 29
EXHIBIT A Property Owned by Declarant ........................................................................................ 33
EXHIBIT B Property Submitted to Declaration ................................................................................ 34
EXHIBIT C Licenses and Easements Affecting Community ............................................................ 35
EXHIBIT D Reserved Property for Possible Expansion .................................................................... 37
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1111 ~l1r_.m"-::1 1!1.1:1 Mlh r1a1r.~i1, ~·1f ,M.~ffl ~Li1i1t 11111
Reception": 982206
12/20/2022 12 :48:32 PM Jean Rlberico
5 of 42 Rec Fee :$218.00 Doc Fee:0.00 GARFIELD COUNTY CO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
McCLURE RIVER RANCH MASTER ASSOCIATION
This Declaration of Covenants, Conditions and Restrictions for McClure River Ranch Master
Association ("Declaration") is made effective as of the ~ day of Dete.mb er , 202~ by
Aspen Polo Partners, LLP, a Colorado limited liability partnership ("Declarant").
RECITALS
A. Declarant is the owner of certain real property in Garfield County, Colorado, which is
more particularly described as set forth in Exhibit A attached hereto and by reference made a part
hereof which is known as McClure River Ranch.
B. Declarant desires to create a Common Interest Community on a portion of such real
property, in which portions of such real property will be designated for separate ownership and uses.
C. Declarant has caused the "McClure River Ranch Association, Inc.," a Colorado
nonprofit Ranch Association ("Ranch Association"), to be incorporated under the laws of the State of
Colorado, as an owners' association for the purpose of exercising the functions of that association.
The Ranch Association is the "Master" Association for the McClure River Ranch common interest
community.
D. Declarant has also caused the "MRR Barn Lots Association, Inc.," a Colorado
nonprofit corporation ("Barn Association"), to be incorporated under the laws of the State of
Colorado, as an owners' association for the purpose of exercising the functions of that association .
Declarant has caused a separate declaration of covenants, conditions and restrictions to be created and
recorded with regard to the Barn Association.
E. For the sake of clarity, the Ranch Association is the "master" association and the Barn
Association is a "subsidiary" to the Ranch Association. The Barn Association will, as an association
as a whole, elect one member of the Board of Directors of the Ranch Association and have one vote
in the overall Ranch Association.
F. Declarant reserves the right to create additional association(s) for the purpose of
exercising owners' association functions on other portions of the real property described in Exhibit A
and to annex other real property to the Community as described herein.
ARTICLE 1: SUBMISSION/PURPOSE
Section I.l Submission of Real Estate/Purpose. The Declarant hereby submits the real
estate described in Exhibit B, and such additional real property as may be subsequently added
pursuant to the expansion rights reserved in this Declaration, together with all easements, rights, and
appurtenances thereto and the buildings and improvements erected or to be erected thereon
(collectively, the "Real Estate"), to the provisions of the Colorado Common Interest Ownership Act,
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C.R.S. §§ 38-33.3-101, et seq., as it may be amended from time to time (the "Act") and to the terms
and conditions of this Declaration. Declarant hereby declares that all of the Property described in
such Exhibit B, and such real property as may be added by any expansion or annexation to the
Community, shall be held or sold, and conveyed subject to the easements, covenants, conditions, and
restrictions provided in this Declaration. Declarant further declares that this Declaration is made for
the purpose of protecting the value and desirability of the Real Estate, that this Declaration shall run
with the Real Estate and shall be binding on all parties having any right, title or interest in the Real
Estate or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure to
the benefit of each Owner thereof. The name of the common interest community created hereby is
the "McClure River Ranch" and is referred to herein as the "Ranch Association." It is the intention
ofDeclarant, expressed by its execution of this instrument, that the lands within the Community shall
be developed and maintained as a highly desirable equestrian and polo facility and rural residential
area. It is the purpose of these covenants that the present natural beauty, the natural growth and native
setting and surroundings of the Real Estate shall always be protected insofar as is possible in
connection with the uses and structures permitted by this instrument.
Section 1.2 Planned Community. The intent of the Declarant is that the Ranch Association
shall be a planned community for purposes of the Act.
ARTICLE 2: DEFINITIONS
Section 2.1 Definitions. Each capitalized term in this Declaration or on the PUD Plan or
the Plat shall have the meaning specified or as used in the Act, unless otherwise defined in this
Declaration. The following terms shall have the following meanings:
(a) "Act" means the Colorado Common Interest Ownership Act, C.R.S. §§ 38-33.3-101,
et seq., as it may be amended from time to time.
(b) "Allocated Interests" means the Common Expense liability of the Ranch Association
as set forth on Exhibit E, except as provided for herein regarding the allocation of certain specific
expenses.
(c) "Architectural Guidelines" means the Architectural Guidelines for McClure River
Ranch Association as adopted by the Board, including any amendment or supplement to such
instruments.
(d) "Assessment" includes all Common Expense Assessments and any other expense
levied to a Lot or Tract pursuant to this Declaration or the Act by the Ranch Association.
(e) "Association" means the Ranch Association.
(f) "Barn Association" means MRR Barn Lot Association, Inc., a Colorado nonprofit
corporation, and its successors.
(g) "Barn Lot(s)" means any or all (as the context requires) of Lots 1 through 6 as shown
on the Plat.
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(h) "Barn Lots Gate" or "Gate" means an electronically operated gate to be constructed
on Chukka Trail along (and extending across Chukka Trail) the eastern property line of Lot l and a
portion of Tract A.
(i) "Board" or "Board of Directors" means the body, regardless of name, designated in
this Declaration or the Bylaws of the Ranch Association to act on behalf of the Ranch Association.
G) "Cabins" means the residential structures which may be constructed on Tract A as
shown on the Plat.
(k) "Clubhouse Lot" means Lot 7 as shown on the Plat.
(I) "Common Area" means any portion of the Community designated in this Declaration
or on a Plat or any Supplemental Plat as Common Area or Open Space and which is owned or
maintained by the Association for the common use and enjoyment of the Owners, including, but not
limited to, pathways, trails, roads, entry features, etc.
(m) "Common Expense" means any expenditure made or liability incurred on behalf of an
Association, together with any allocations to reserves, other than expenditures relating to a particular
Lot or that are based on actual usage by such Lot or an Owner. Common Expenses include all
expenses of the Ranch Association incurred in accordance with this Declaration, specifically
including but not limited to, section 3.3 and Article 4 hereof.
(n) "Common Expense Assessment" means an Assessment levied for Common Expenses.
(o) "Community" means and refers to the common interest community of McClure River
Ranch also referred to herein as the Ranch Association or Association.
(p) "Declarant" means the Declarant named in this Declaration, and any successor and/or
assignee designated by written notice or assignment executed by Declarant and by the transferee and
recorded, to the extent any rights or powers reserved to Declarant are transferred or assigned to such
transferee.
(q) "Declarant Control" means the period of time commencing on the date ofrecordation
of this Declaration and expiring on the earlier of (i) sixty (60) days after conveyance of seventy-five
percent (75%) of the Lots that may be created by Declarant, or (ii) two (2) years after the last
conveyance of a Lot by Declarant in the ordinary course of business; provided, however, that if
Declarant Control has not terminated pursuant to the foregoing provisions, Declarant Control shall in
any case terminate on the date upon which all property that may be annexed into the Community has
become a part of the Community and the last Lot within the Community that can be conveyed by
Declarant has been conveyed by Declarant.
(r) "Development Rights" or "Special Declarant Rights" means those rights set forth in
this Declaration and those rights set forth in the Act.
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(s) "Director" means any person serving as a member of the Board of Directors of the
Ranch Association.
(t) "Exercise Track" means a track or surface designed for exercising equines.
(u) "Governing Documents" means this Declaration, the Plat, the PUD Plan, the PUD
Guidelines, the Articles of Incorporation, Bylaws, Policies of the Ranch Association, Rules and
Regulations of the Ranch Association, Architectural Guidelines and Water System Guidelines as all
of the foregoing may be amended from time to time. All of the Governing Documents are
incorporated herein by this reference.
(v) "Improvement(s)" means structures installed within the Community or within or upon
a Lot or Tract.
(w) "Leach Field" means the septic drain field that is the physical location where final
treatment and dispersal of effluent occurs.
(x) "Lot" means a physical portion of the Community, designated for separate ownership,
shown and designated as a Lot on the Plat for the Community, the boundaries of which are defined
on the Plat and in this Declaration.
(y) "Member" means and refers to those persons or entities entitled to membership in the
Association, as provided herein or the Bylaws of the Ranch Association. Members are Owners and
Owners are Members.
(z) "Mortgage" means any mortgage, deed to secure debt, deed of trust, or other transfer
or conveyance for the purpose of securing the performance of an obligation including, but not limited
to, a transfer or conveyance of fee title for such purpose.
(aa) "Mortgagee" or "Mortgage Holder" means the holder of any Mortgage.
(bb) "Nonprofit Act" means the Colorado Revised Nonprofit Corporation Act, C.R.S . §§ 7-
121-101, et seq.
(cc) "Officer" means any person serving as an officer of the Ranch Association in
accordance with the Bylaws.
(dd) "On-Site Wastewater Treatment System" or "OWTS" means compartmentalized water
treatment system associated with an approved OWTS permit. This system is intended to treat,
neutralize, stabilize, and dispose of sewage that is not part of or connected to a sewage treatment
works.
( ee) "Owner" means the Declarant or any other person or entity that owns a Lot or Tract.
(ft) "Permitted Transferee" means a (1) the spouse, children, grandchildren or
great-grandchildren of an Owner, (2) a trust established for the sole benefit of an Owner or the spouse,
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Association, including any amendment or supplement to such instruments.
(pp) "Subassociation" means any Colorado nonprofit corporation, and its successors and
assigns, organized and established by Declarant within the Community, including the Barn
Association.
(qq) "Subdivision" and the term "Subdivide". The term "Subdivision" shall mean the
McClure River Ranch according to this Declaration and the Plat. The terms "subdivide" or
"subdivided" shall apply to the creation of a separate Lot or Tract processed as a subdivision under
the terms of the Garfield County Land Use Code.
(rr) "Tract" means an area of land designated as such on the Plat. There are three Tracts
(A, B & C) shown on the Plat. Tract C has not, as of the date of this Declaration, been submitted to
the Community, but Declarant has reserved the right to annex such Tract C to the Community.
(ss) "Votes" means the Votes allocated to a member of the Ranch Association as set forth
on Exhibit E.
(tt) "Water System Guidelines" means the Water System regulations for the Association
as adopted by the Board, including any amendment or supplement to such instruments.
(uu) "Water System" means the Ponds, ditches, wells and well houses, casings, pumps and
pump houses, pipes, valves, any related well equipment, and any related water delivery infrastructure
for both potable and non-potable water, including irrigation.
(vv) "Wells" means all water wells on Community property. All wells within the
Community shall be held in the name of the Ranch Association, no matter where located or who pays
for drilling a Well or which or how many Owners are served by a particular Well.
ARTICLE 3: McCLURE RIVER RANCH ASSOCIATION
Section 3.1 Allocated Interests and Voting Rights in the Ranch Association. All persons or
entities who own or acquire the title in fee to Tract A, Tract B or Lot 7, by whatever means acquired,
shall automatically become a "Member" of the Ranch Association. Further, the Barn Association,
itself, shall be a Member of the Ranch Association.
3. I. I The Allocated Interests of the Members of the Ranch Association are as set
forth on Exhibit E. The Allocated Interests in the Ranch Association shall be one interest
each to Tract A, Tract B, Lot 7 and the Barn Lot Association. In the event any of the Reserved
Property is annexed to the Community, the formula for allocation of the Allocated Interests
shall be a fraction the numerator of which is one and the denominator of which is the total
number of memberships in the Ranch Association.
3 .1.2 Each membership shall be entitled to one (1) vote in the Association. If more
than one (1) individual or entity owns a Lot or Tract, a representative of such multiple Owners
shall be designated and shall vote all the votes allocated to such membership. There shall be
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no fractional voting permitted. The Barn Association membership shall have one vote and it
shall be cast by the member of the Barn Association appointed by the Barn Association to the
Board of Directors of the Ranch Association.
3.1.3 The Members representing a majority of votes in the Ranch Association shall
constitute a quorum.
3.1.4 In the event future Lots or Tract are created within Tract A or Tract B as a result
of the exercise of reserved development rights, each such Lot shall be entitled to a membership
in the Ranch Association or, in Declarant's discretion, any other Association created on behalf
of such owners of Lots in Tract A or Tract B.
Section 3.2 Governing Instruments. The administration of the Ranch Association shall be
subject to this Declaration, the Articles of Incorporation of the Ranch Association, Bylaws of the
Ranch Association and any Rules and Regulations promulgated by the Ranch Association. In the
event of any conflict between this Declaration and the Barn Declaration, this Declaration shall govern
and control.
Section 3.3 Authority. The Association shall perform the functions and manage the
Community as provided in this Declaration so as to protect the value and desirability of the
Community and to further the collective interests of the Owners. The business affairs of the
Community shall be managed by the Association, acting though its Board of Directors. The
Association shall have all of the powers, authority and duties permitted or set forth in the Act and/or
the Nonprofit Act, including the authority to adopt and enforce such Rules and Regulations,
Architectural Guidelines, and Water System Guidelines for the Community as the Board of Directors
shall deem appropriate. The Association shall have the power to assign its right to future income,
including the right to assign its right to receive Common Expense Assessments, but only upon the
affirmative majority vote of the Members present at a meeting called for that purpose. Specifically,
in addition to the general duties of managing the business and affairs of the Association, the Board of
Directors of the Ranch Association shall have the powers and duties of:
(i) operation, maintenance, repair and replacement of the OWTSs, Water System,
all utilities, roads, fences, weed control and all irrigation and landscaping of the Ranch
Community, except as provided in and subject to the expense prorations provided in Sections
4.4, 4.5 and 4.6 below;
(ii) to adopt reasonable rules and regulations governing the use, occupancy and
alienation of Lots; and
(ii) enforcement of the provisions of this Declaration, the Articles and Bylaws of
the Ranch Association, and any Rules and Regulations, Architectural Guidelines and Water
System Guidelines adopted by the Board of Directors.
The Board of Directors shall act by majority vote. The functions and duties of the Barn Association
provided in the Barn Declaration and provided in Section 4.4 below may by agreement between the
Association and Barn Association be performed by the Association and assessed to the Barn
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Association.
Section 3.4 Option to Engage Professional Management. The Board of Directors may
employ a professional management agent or agents at such compensation as the Board of Directors
may establish to perform such duties and services as the Board of Directors shall authorize. The
Board of Directors may delegate such powers as are necessary to perform the manager's assigned
duties, but shall not delegate policy-making authority or those duties set forth in Section 3.6 (with
respect to adoption of the budget), Section 4.2 (in regard to the exercise of discretion in allocating
costs to particular Tracts or Lots or subsidiary associations) and all of Article 5 (Architectural
Control). The Board of Directors may delegate to one (I) of its Members the authority to act on
behalf of the Board of Directors on all matters relating to the duties of the managing agent or manager,
if any, which might arise between Board of Directors meetings.
Section 3.5 Election of the Board. The Board of Directors of the Ranch Association shall
be composed of four ( 4) seats. One person or entity that owns more than one Tract and/or Lot may
hold multiple seats and will be entitled to one vote for each seat. One member of the Board of
Directors shall be appointed by the Barn Association, one member of the Board of Directors shall be
appointed by the Owner of each of Tract A, Tract B and Lot 7. The member of the Ranch Association
appointed to the Board by the Barn Association shall be a Barn Lot Owner. Declarant reserves the
right to expand the Board of Directors to five (5) Members in the event Tract C shall be annexed to
the Community.
Section 3.6 Budget. The Ranch Association must prepare an annual budget. Within thirty
(30) days after adoption of any proposed budget for the Ranch Association, the Board of Directors
shall mail, by ordinary first-class mail, or otherwise deliver (electronic mail shall be acceptable) a
summary of the budget to all the Members and shall set a date for a meeting of the Members to
consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after
mailing or other delivery of the summary. Unless at that meeting a majority of all Members reject
the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed
budget is rejected, the periodic budget last ratified by the Members must be continued until such time
as the Members ratify a subsequent budget proposed by the Board.
Section 3.7 Assessments. All Members shall be obligated to pay assessments imposed by
the Ranch Association to pay the general overhead and management costs of the Ranch Association
and expenses of management (including a reasonable management fee), operation, maintenance,
repair and replacement expenses arising from the operation of the Community. Assessments shall be
made in accordance with Article 4 below.
Section 3.8 Assessment Lien. Assessments chargeable to any Lot, Tract or subsidiary
association shall constitute a lien on such Lot or Tract superior to all other liens and encumbrances
except: (i) liens and encumbrances recorded before the recordation of this Declaration; (ii) a security
interest on the Lot or Tract which has priority over all other security interests on the Lot or Tract and
which was recorded before the date on which the assessment sought to be enforced became
delinquent; and (iii) liens for real estate taxes and other governmental assessments or charges against
the Lot or Tract. Assessments chargeable to the Barn Association shall constitute a lien on all Barn
Lots, jointly and severally.
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3.8. l An assessment lien under this Section 3.8.J is superior to a security interest on
the Lot or Tract which has priority over all other security interests on the Lot or Tract and
which was recorded before the date on which the assessment sought to be enforced became
delinquent to the extent of:
(a) any attorneys' fees and costs being incurred in an action to enforce the lien;
plus
(b) an amount equal to the common expense assessments based on a periodic
budget adopted by the Ranch Association which would have become due, in
the absence of any acceleration, during the six (6) months immediately
preceding institution of an action to enforce the lien, but in no event shall such
priority accorded to the assessment lien exceed one hundred fifty percent
(150%) of the average monthly assessment during the immediately preceding
fiscal year multiplied by six (6).
Section 3.9 Enforcement/Collection . This Section 3.9 does not affect the priority of
mechanics, or materialmen's liens or the priority of liens for other assessments made by the Ranch
Association.
3.9. l If any assessment shall remain unpaid twenty-five (25) days after the due date
thereof, the Ranch Association may impose a surcharge of 1.75% of such assessment on the
first day of each calendar month thereafter so long as such assessment shall be unpaid,
provided, however, that the maximum surcharge in one (1) year shall be no greater than
twenty-one percent (21 %).
3.9.2 Recording of this Declaration constitutes record notice and perfection of the lien.
No further recordation is required.
3.9.3 The Ranch Association's lien may be foreclosed in like manner as a mortgage on
real estate.
3.9.4 Upon such foreclosure, the Ranch Association's claim shall include the amount
of unpaid assessments, penalties thereon, the costs and expenses of such proceedings, the costs
and expenses of filing the notice of lien, and reasonable attorneys' fees, and any deficiency
shall be a common expense assessed equally to all Lot and Tract Owners ( except Lots or Tracts
owned by the Association). The Ranch Association may bid on the Lot or Tract at foreclosure
sale and hold, lease, mortgage, or convey the same.
Section 3.10 Statement of Assessments and Liability of Purchasers. The Ranch Association
shall furnish to an Owner or his designee or to a holder of a security interest or its designee upon
written request, delivered personally or by certified mail, first-class postage prepaid, return receipt
requested, to the Ranch Association, a statement setting forth the amount of unpaid assessments
currently levied against such Owner's Tract or Lot. The statement shall be furnished within fourteen
(14) days after receipt of the request and is binding on the Ranch Association, the Board of Directors,
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and every Owner. If no statement is furnished to the Owner or holder of a security interest or their
designee, delivered personally or by certified mail, first-class postage prepaid, return receipt
requested, to the inquiring party, then the Ranch Association shall have no right to assert a priority
lien upon the Lot or Tract for unpaid assessments which were due as of the date of the request. The
grantee of a Lot or Tract shall be jointly and severally liable with the grantor for all unpaid
assessments against the Lot or Tract accrued prior to the conveyance, without prejudice to the
grantee's right to recover from the grantor the amounts paid by the grantee therefor.
Section 3.12 Indemnification. To the fullest extent permitted by law, each Board member
shall be and hereby is indemnified by the Owners and the Association against all expenses and
liabilities, including attorneys' fees and expenses, reasonably incurred by or imposed upon them in
any proceeding to which they may be a party, or in which they may become involved, by reason of
being or having been a Board member, or any settlements thereof, whether or not they are a Board
member at the time such expenses are incurred; except in such cases wherein such Board member is
adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the
event of a settlement, the indemnification shall apply only when the Board approves such settlement
and reimbursement, which approval shall not be unreasonably withheld.
Section 3.13 Power to Provide Services to Subassociations. The Ranch Association shall
have the power, but not the obligation, to provide services to Subassociations. Such services to any
Subassociation shall be provided pursuant to an agreement in writing between the Ranch Association
and Subassociation, which shall provide for the payment by such Subassociation to the Ranch
Association of the costs and expenses of the Ranch Association of providing such services to the
Subassociation including a fair share of the overhead and expenses of the Ranch Association.
Services which may be provided to a Subassociation may include, without limitation, (i) the
construction, care, operation, management, maintenance, repair, and replacement of improvements
owned by the Subassociation; (ii) the providing of services to the area covered by the Subassociation;
(iii) the enforcement of the provisions of any Governing Documents for, on behalf of, and in the name
of the Subassociation; (iv) the collection of assessments for, in the name of, and on behalf of, a
Subassociation; (v) the obtaining of insurance for a Subassociation; (vi) the collection of charges for
uses of facilities of a Subassociation; and (vii) the appointment and supervision of a manager for a
Subassociation.
ARTICLE 4: ASSESSMENT RESPONSIBILITY
Section 4.1 Creation of Association Lien and Personal Obligation to Pay Common
Expense Assessments. Declarant, for each Member and for each Tract and Lot ( except for any Lot or
Tract owned by the Ranch Association), shall be deemed to covenant and agree, and each Owner, by
acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other
conveyance, shall be deemed to covenant and agree to pay to the Association annual Common
Expense Assessments and such other Assessments as are imposed by the Association. Such
Assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the
Association shall be the personal obligation of the Owner of such Lot or Tract from and after the time
when the Assessment or other items charged by the Association become or fall due. The Association
annual Common Expense Assessments and such other Assessments as are imposed by the
Association, including fees, charges, late charges, attorney fees, fines and interest charged by the
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Association, shall be a charge on each Member and shall be a continuing lien upon the Lot or Tract
against which each such Assessment or charge is made. If any Assessment is payable in installments,
the full amount of the Assessment is a lien from the time the first installment becomes due. The
personal obligation to pay any past due sums due the Association shall not pass to a successor in title
unless expressly assumed by them and approved by the Board of Directors. No Owner may become
exempt from liability for payment of the Common Expense Assessments or other Association charges
by waiver of the use or enjoyment of the property within the Community or by abandonment of the
Lot or Tract against which the Common Expense Assessments are made. All Assessments and other
Association charges shall be payable in the amounts specified in the levy thereof, and no offsets or
reduction thereof shall be permitted for any reason including, without limitation, any claim that the
Association or the Board is not properly exercising its duties and powers under this Declaration.
Section 4.2 Apportionment of Common Expenses. Except as provided in this Declaration,
all Common Expense Assessments shall be assessed against all Lots or Tracts or subsidiary
association(s) (except for any Lot or Tract owned by the Ranch Association) in accordance with
formulas and allocations of or for liability for the Common Expenses as set forth in this Declaration.
To the extent a cost or expense is not described herein or is not specifically allocated to a Lot, Tract
or subsidiary association, the Board of Directors shall have authority to allocate any such cost or
expense in any reasonable manner.
Section 4.3 All Lots and Tracts. The following Common Expense liabilities shall be paid
for one-fourth each by the Owners of Tract A, Tract B, Lot 7 and the Barn Association: All Common
Expenses not specifically described in Section 4.4, 4.5 or 4.6, below, including but not limited to,
expenses for property management and ranch maintenance employees, insurance, security costs,
property taxes for any Association-owned real estate, accounting or attorney fees (including fees
related to wells, ditches and perfecting and protecting water rights); utilities and other fees that are
not attributable to a specific Lot or Tract or subsidiary association; common landscaping (such as at
primary entrance and along Chukka Trail east of the Barn Lots Gate), common lighting and weed
control; all costs of operation, maintenance, repair and replacement of all ditches serving the
Community; and all costs of operation, maintenance, repair and replacement of the maintenance barn
and associated dwelling units on Tract B.
Section 4.4 Barn Association. The following Common Expense liabilities shall be
assessed to and paid for solely by the Barn Association: all expenses for operation, maintenance,
repair and replacement of or for Chukka Trail to the west of the Barn Lots Gate, 50% of Chukka Trail
to the east of the Barn Lots Gate (including snow removal), the Barn Lots Gate, landscaping west of
the Barn Lots Gate, all aspects of irrigation and operation of the Water System within the Barn Lots.
Section 4.5 Ranch Association. The following Common Expense liabilities shall be paid
for one-third each by the Owners of Tract A, Tract B and Lot 7: all expenses for operation,
maintenance, repair and replacement of or for 50% of Chukka Trail to the east of the Barn Lots Gate
(including snow removal), parking and tailgating and associated areas on Tract A, irrigation on Tract
A, Tract Band Lot 7, walking and riding trails on and around Tract A, Tract B, and the Water Well on
Lot 7.
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member of the Architectural Committee shall have a three (3) year term, which may be renewed at
the discretion of the Board of Directors. The Architectural Committee shall have and exercise all of
the powers, duties, and responsibilities set out in this instrument, and unless required by law, may, but
shall not be required to, establish guidelines and requirements for compliance with its authority,
including the establishment of costs and fees reasonably related to the processing and evaluation of
requests for Committee action.
Section 5.2 Approval by Architectural Committee. No improvements of any kind,
including but not limited to dwelling houses, barns, stables, outbuildings, swimming pools, tennis
courts, ponds, driveways and parking areas, fences, walls, garages, antennae, flagpoles, curbs, walks,
landscaping, irrigation ditches or structures, and wells shall ever be constructed or altered (including
any change in exterior color or materials), on any lands within the Community, nor may any
vegetation be altered or destroyed nor any landscaping performed on any Lot or Tract, unless the
complete architectural plans for such construction or alteration or landscaping are approved in writing
by the Architectural Committee prior to the commencement of such work. Any such plans submitted
to the Architectural Committee for approval shall be drafted in accordance with, and subject to the
P.U.D. Plan Map and PUD Guide and Architectural Guidelines. Minor adjustments to the location of
building envelopes and barn envelopes may be allowed by the Architectural Committee, where
necessary to avoid interference with irrigation ditches, septic systems, structures, ponds or easements,
subject to obtaining County approvals where necessary. No person shall have the right to rely on any
verbal approval. In the event the Architectural Committee fails to take any action within sixty (60)
days after complete architectural plans for such work have been submitted to it, then all of such
submitted architectural plans shall be deemed to be approved, except for any changes or alterations
to any irrigation ditch, irrigation-related structure, or anything else related to the water system for
which such inaction shall be deemed a denial. In the event the Architectural Committee shall
disapprove any architectural plans, the person or association submitting such architectural plans may
appeal the matter to the next annual or special meeting of the Members of the Ranch Association,
where a vote ofat least two-thirds (2/3) of the votes entitled to be cast at said meeting shall be required
to change the decision of the Architectural Committee. Architectural Committee approval is not
required for the establishment of lot lines, building envelopes, roads, driveways, ponds and other
matters which are included in any Garfield County land use approval for the entitlements of the
Community.
Section 5.3 Variances. Where circumstances, such as topography, location of property
lines, location of trees and brush, irrigation ditches, structures, ponds or other irrigation necessities or
other matters require, the Architectural Committee may allow reasonable variances as to any of the
covenants contained in this Declaration, on such terms and conditions as it shall require and said
decision of the Committee shall be final and non-appealable.
Section 5.4 General Requirements. The Architectural Committee shall exercise its best
judgment to see that all improvements, construction, landscaping and alterations on the lands within
the Community conform and harmonize with the natural surroundings and with the existing structures
as to external design, materials, color, siting, height, topography, grade, landscaping and finished
ground elevation.
Section 5.5 Preliminary Approvals. Persons or associations who anticipate constructing
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improvements on lands within the Community, whether they already own lands in the Community or
are contemplating the purchase of such lands, may submit preliminary sketches of such improvements
to the Architectural Committee for informal and preliminary approval or disapproval, but the
Architectural Committee shall never be finally committed or bound by any preliminary or informal
approval or disapproval until such time as complete architectural plans are submitted and approved
or disapproved.
Section 5.6 Architectural Plans. The Architectural Committee shall disapprove any
architectural plans submitted to it which are not sufficient for it to exercise the judgment required of
it by this Declaration or the Architectural Guidelines.
Section 5.7 Architectural Committee Not Liable. The Architectural Committee shall not
be liable in damages to any person or association submitting any architectural plans for approval, or
to any Owner or Owners of lands within the Community, by reason of any action, failure to act,
approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans.
Any person or association acquiring the title to any property in the Community, or any person or
association submitting plans to the Architectural Committee for approval, by so doing agrees and
covenants that he or it will not bring any action or suit to recover damages against the Architectural
Committee, its members as individuals, or its advisors, employees, or agents.
Section 5.8 Written Records. The Architectural Committee shall keep and safeguard for at
least five (5) years complete permanent written records of all applications for approval submitted to
it (including one (1) set of all architectural plans so submitted) and of all actions of approval or
disapproval and all other actions taken by it under the provisions of this instrument.
Section 5.9 Appeal to Board of Directors. Any final decision of the Architectural
Committee may be appealed to the Board of Directors within fourteen (14) days of the decision by
delivering a notice thereof to the President of the Ranch Association or to the Registered Agent of the
Ranch Association, as such Registered Agent is identified in the records of the Colorado Secretary of
State. The Board of Directors shall act on the appeal at its next regularly scheduled meeting, or if
approved by a majority of the Board of Directors, at a Special Meeting of the Board of Directors held
for the purpose of hearing the appeal. The Board of Directors shall provide a written decision
concerning the appeal to all interested parties within seven (7) days of the date the appeal was heard.
Section 5.10 Rules and Guidelines. The Architectural Committee shall be entitled to adopt
such rules, guidelines and procedures as it shall in its reasonable discretion desire for the Community.
Section 5.11 Architectural Guidelines. The Architectural Committee and Board have
established an initial set of rules, procedures, standards, guidelines and requirements, including,
without limitation, architectural, design and development standards and guidelines, which shall
govern the review and approval or disapproval of proposed plans within the Community and other
matters provided for therein. The Architectural Committee and Board may make such amendments,
deletions or additions to the Architectural Guidelines as they deem necessary or appropriate from time
to time to accomplish the purposes of (and as are not in conflict with) the Governing Documents. The
Architectural Guidelines (as they may be amended from time to time) are hereby incorporated herein
and shall be deemed to be a part of this Declaration and shall be binding on the Community, and all
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19 or 42 Rec Fee :$21B.00 Do c Fee :0 .00 GARFIELD COUNTY CO
Lots, Owners , occupants, Members or other persons as if expressly set forth herein. The Architectural
Committee and Board shall have the authority and obligation to determine the existence of any
violation of the Architectural Guidelines or of any approvals granted or other decisions made by, or
other requirements of the Architectural Guidelines, which determination shall be binding on the
Owners.
Section 5.12 Owner's Non-Compliance. In the event that Owner fails to obtain necessary
approvals or fails to follow an approved plan, the Architectural Committee or Board shall issue a
notice of non-compliance. If upon the expiration of thirty (30) days from the date of such notification
of non-compliance, the Lot Owner shall have failed to remedy such non-compliance, the Board may
enter the Lot at any reasonable time after notice to Owner, without being deemed guilty of trespass,
and remove the noncomplying Improvement or otherwise remedy the non-compliance, and Owner
shall reimburse the Association, upon demand, for all expenses, including interest on monies
expended and attorneys' fees incurred in connection therewith. The right of the Association to remedy
or remove any non-compliance shall be in addition to all other rights and remedies which the
Association may have at law, in equity, or under the Governing Documents; and the Lot Owner shall
have no claim for damages or otherwise on account of the entry upon the property and remedying or
removal of the non-complying improvement.
ARTICLE 6: GENERAL RESTRICTIONS ON ALL LOTS AND TRACTS
Section 6.1 Zoning Regulations. No lands within the Community shall ever be occupied
or used by or for any structure or purpose or in any manner which is contrary to the zoning regulations
and entitlement approvals of Garfield County, Colorado, including the PUD Plan and the PUD Guide,
validly in force from time to time as the same may be amended, except as the same may be allowed
under said regulations as a nonconforming structure or use. Subject to the right of the Declarant to
exercise reserved Development Rights, no lands within the Communities, shall be further subdivided
without the approval of the Board of County Commissioners of Garfield County, Colorado.
Section 6.2 No Mining, Drilling, or Quarrying. No mining, quarrying, tunneling,
excavating, or drilling for any substance within the earth, including, but not limited to, oil, gas,
minerals , gravel, sand, rock, geothermal and earth, except for activities conducted under prior mineral
reservations , agricultural, utility, water and septic purposes shall ever be permitted within the limits
of the Community.
Section 6.3 No Business Uses. Except for conducting Polo and other recreational events,
no lands within the Community shall ever be occupied or used for any non-agricultural commercial
or business purpose without the consent of the Board of Directors, nor for any noxious activity, and
nothing shall be done or permitted to be done on any of said lands which is a nuisance or might
become a nuisance to the Owner or Owners of any of said lands. Nothing herein shall be deemed to
prohibit recreational facilities or activities including, without limitation, polo events, equestrian, horse
boarding and training, horse shows and other equestrian sports or equestrian events which are open
to the public, tennis, golf, etc., nor any home occupation provided the same is permitted under the
Garfield County Land Use Code in effect and as amended from time to time and further provided
such use does not constitute a nuisance or violate any other provision of this Declaration.
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Section 6.4 Signs. No advertising signs, billboards, unsightly objects, or nuisances shall
be erected, altered, or permitted to remain on any Lot or Tract in the Community. Directional signs
and special event signs shal I be permitted on approval of the Architectural Committee.
Section 6.5 No Discharge of Firearms. The discharge of firearms shall not be permitted on
any of the lands in the Community without approval of the Board of Directors and only if reasonably
related to bona fide ranching or farming necessities. Hunting activities may take place only with the
prior written consent of the Board of Directors, and notwithstanding any such consent, shall not be
conducted in a manner that is disruptive of the peace and tranquility of adjacent properties nor in a
manner that could or is likely to create a threat to the safety of persons or property.
Section 6.6 Towers and Antennae. No towers or radio or television antennae or satellite
transmission receiving antennae, except for those with a diameter of thirty-six inches (36") or less,
shall be erected on any Lot or Tract without approval of the Architectural Committee.
Section 6.7 Tanks. No tanks of any kind shall be erected, placed, or permitted upon any
Lot or Tract unless buried or if located above ground the location and screening shall be as determined
and approved by the Architectural Committee.
Section 6.8 Used or Temporary Structures. No used or previously erected or temporary
house, structure, house trailer, or nonpermanent outbuilding shall ever be placed, erected, or allowed
to remain on any Lot or Tract, except, as may be approved by the Architectural Committee or to the
extent permitted by all applicable County regulations, during construction periods, and no dwelling
house shall be occupied in any manner prior to its completion.
Section 6.9 Exterior Lighting. All exterior lights and light standards on Lot or Tracts shall
be approved by the Architectural Committee for harmonious development and the prevention of
lighting nuisances to other lands in the Community and shall also fully comply with any applicable
Garfield County lighting regulations.
Section 6.10 Dust Control. Each Owner shall be responsible for ongoing dust control on
any driveway within any Lot or Tract owned by said Owner. The Ranch Association shall take
reasonable steps to ensure minimal dust pollution results from roads within the Community and such
roads may, in the discretion of the Ranch Association, be treated as necessary with magnesium
chloride or other dust suppressants. The Ranch Association shall have the right to treat private
driveways and assess the costs thereof against the respective Owner if such Owner fails to fulfill his
responsibility for his individual dust control. Nothing herein shall be deemed to require control of
dust resulting from agricultural activities such as, without limitation, tilling and crop rotation.
Section 6.11 Weed Control. The Ranch Association may, in its discretion, implement and
follow a program of noxious weed control which may address the control and elimination of Canadian
Thistle and other noxious or undesirable weeds. The Ranch Association shall have the right to enter
upon any Lot or Tract and conduct a weed control program within the area of such Lot or Tract lying
outside of the building envelope shown on the Plat.
Section 6.12 Road Damage. Each Owner of a Lot or Tract is responsible for any damage
caused to the roadways within the Community during the construction of improvements upon such
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Owner's property by any vehicle or equipment belonging either to said Owner or to any person or
entity using the roads within the Community while engaged in any activity benefitting said Owner.
Metal treads or other "lugged" tread or tired vehicles are not permitted to drive across the roads within
the Community; however, such equipment may access lands within the Community on a trailer or
flatbed vehicle as may be appropriate provided any damage resulting therefrom is repaired and paid
for as provided herein. Each Owner shall also be responsible for any damage caused by utility cuts
in roads, washouts and run off damage caused by failure to install culverts properly and in a timely
manner as may be necessary in connection with the construction of improvements upon or any other
uses made by such Owner to his Lot or Tract. The Board of Directors shall have the right to establish,
implement and enforce an impact fee system to allocate costs for road damage and general wear and
tear on the roads within the Community upon terms and conditions which said Board deems best in
the interests of the Members of the Community. Such impact fee system may include charges based
upon "per vehicle", "per load", "per ton", or "per trip" calculations. Said system may also deny
access to the Community to any vehicle for which said impact fee has not been paid. The Board may
also implement and enforce weight limits on the roads within the Community.
Section 6. I 3 Sanitary Systems. No sewerage disposal system, sanitary system, cesspool, or
septic tank shall be constructed, altered, or allowed to remain or be used on any Lot or Tract unless
fully approved as to design, capacity, location, and construction by all proper public health agencies
of the State of Colorado and Garfield County; and unless approved by the Architectural Committee.
On-site wastewater treatment systems shall be prohibited on any lot or parcel of one acre or less in
size. Provided, however, lots less than one acre within Zone 1 (as defined on the PUD Plan Map
recorded in the Garfield County Records as Reception No. 945440) may be connected to an OWTS
on another parcel greater than one acre with easements as depicted on the Plat. In the event a
wastewater treatment facility ("WWTF") is developed in the Community the WWTF shall be sized
appropriately to accommodate all potential residential and commercial uses including any structures
which may be built on the Reserved Property. In the event a WWTF is constructed, any property
within the Community which is connected to an OWTS shall connect to the WWTF in the event the
OWTS shall be in need ofreplacement.
Section 6.14 Special Events . No special events or activities within the Community,
including at the Clubhouse or on any Tract, shall occur without an operations plan approved by the
Board of Directors providing for adequate parking and health and safety measures, including but not
limited to access to bathroom facilities.
Section 6.15 Wildlife Provisions. The following provisions shall apply to all property
within the Community.
6.15 .1 All new fencing shall be "wildlife friendly" as defined and described by the
Colorado Parks and Wildlife regulations in effect at the time of construction of any fence.
6.15.2 Landscaping designs shall preclude berry, fruit or nut producing trees and
shrubs to reduce attractants for bears and other wildlife.
6.15.3 All trash, horse grain/feed and food-related items shall be stored indoors or
within bear-proof containers.
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6.15.4 All ponds shall be constructed with at least one bank having a minimum slope
of three to one, preferably five to one, to allow ingress and egress of wildlife. If plastic liners
are used in a pond, a minimum of 18 inches of topsoil shall be used on top of such liners.
6.15.5 All trails through riparian habitats shall be minimized and shall provide
adequate signage to keep users on designated routes.
Section 6.16 Violation of Law, Insurance, Etc. No Owner, or occupant or person, shall do
any act or cause or permit anything to be done or kept in or upon a Lot or any structure constructed
thereon, or within the Community, which would result in the increase of, or cancellation of, insurance
maintained by the Ranch Association or would be in violation of any federal, state, town or other law,
ordinance, regulation or code of any governmental body having jurisdiction, or any Rules and
Regulations, or any provision of this Declaration.
Section 6.17 General Maintenance of the Community. All property within the Community,
including without limitation all Lots (including unimproved Lots, and Lots on which Improvements
are under construction), Tracts, landscaping, and Ponds, shall be kept and maintained in a clean and
attractive condition and in good order, condition and repair.
6.17. l Except as specifically set forth in this Section, maintenance, repair, and upkeep
of each Lot and Improvements thereon (including attractive painting and refinishing thereof
at regular intervals) shall be the responsibility of the Owner of the Lot or Tract. Such
maintenance and repair shall be performed by each Owner whenever necessary or appropriate
and at regular intervals in order to keep the Lot and Improvements in substantially the same
condition and appearance as existed at the time of completion of construction, subject to
normal wear and tear that cannot be avoided. Said Owner obligations shall include all
maintenance, repair or replacement required as a consequence of any fire, wind, vandalism,
theft or other casualty.
6.17.2 If an Owner fails to perform any obligations herein within ten (10) days
following receipt of a written notice from the Board requesting the same, the Board shall have
the right to enter upon the Lot of the Owner to cure the violation, to perform any needed
repairs or maintenance, or to otherwise cause compliance with this Section, and to levy and
collect a reimbursement upon the Owner and its Lot for the costs and expenses incurred by
the Association in connection therewith. The Board shall have no right to enter the interior of
any structure on a Lot without the consent of the Owner except in the case of a clear
emergency.
Section 6.18 Rentals and Leases. In order to maintain a peaceful, safe and nuisance free
Community, the Board may adopt reasonable rules and regulations governing rentals and leases of
Lots.
Section 6. I 8.1 Except for rentals of a Cabin, short-term rentals of any Lot less than
one year are not permitted.
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23 of 42 Rec Fee:$218 .00 Doc Fee :0.00 GARFIELD COUNTY CO
Section 6.18.2 Except with regard to Cabins, all rentals and leases shall be in writing,
and must cover the entire Lot (i.e., no renting or leases of rooms or spaces or otherwise
covering less than all of the Lot). All such agreements shall provide (i) the term and the
occupant's use of the Lot shall be subject in all respects to the Governing Documents; (ii) the
occupant has reviewed copies of said documents; and (iii) any failure by the occupant to
comply with any of the aforesaid documents, in any respect, shall be a default by the occupant
and Owner under the agreement which may be enforced against the occupant and/or Owner
by the Board. Each Owner shall notify the Association immediately upon the rental or leasing
of his/her Lot and shall provide the Association with a copy of the agreement with the name
and mailing address of the Occupant.
Section 6.18.3 Notwithstanding anything contained in this Section, Owner may from
time-to-time permit guests to occupy the residence without restriction, provided the
Association is given prior written notice of such occupancy.
Section 6.18.4 Each Owner who rents or leases a Lot shall be responsible for assuring
compliance by occupant with all of the provisions of the Governing Documents, and shall be
jointly and severally responsible with the occupant for any violations thereof by the occupant.
Section 6.18.5 Each Owner who rents or leases a Lot shall give the Association an
irrevocable power of attorney to act on Owner's behalf to take any actions as may be necessary
or appropriate to terminate said agreement and evict the occupant from the Lot in accordance
with Section 6 .18.6.
Section 6.18.6 In the event an occupant violates a prov1s10n in the Governing
Documents, the Association shall give the occupant written notice that the occupant is in
violation of one or more of the Governing Documents, specifying a period of time (at least
five (5) days) in which the occupant may cure the violation. If the violation continues uncured,
or if it is repeated within the term of the rental or lease, then the Association shall have the
right to terminate the agreement and evict the occupant from the Lot as such power is granted
to the Association in Section 6.18.5.
Section 6.18. 7 Each Owner that rents or leases their Lot shall be required to obtain
commercial liability insurance in connection therewith and name the Association as an
additional insured.
Section 6.19 No Hazardous or Unsafe Activities. No activity shall be conducted on any
property within the Community which is or might be unsafe or hazardous to any person or property.
Without limiting the generality of the foregoing, and except as allowed herein, no explosives,
gasoline, fireworks, or other volatile and/or incendiary materials or devices or any materials deemed
hazardous or toxic substances under applicable environmental laws, rules, or regulations shall ever
be used, kept, stored, permitted to remain or be released or disposed of on any Lot or elsewhere within
the Community.
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Section 6.20 Vehicle Parking, Storage, Operation and Repair.
Section 6.20.1 No boats, trailers (not including horse trailers), buses, motor homes,
mobile homes, campers, snowmobiles, recreational vehicles, all-terrain vehicles, trucks,
industrial or commercial vehicles, abandoned or inoperable vehicles, or any other similar
vehicles shall be parked or stored on a street or upon any Lot in the Community.
Notwithstanding the foregoing, the foregoing vehicles may be kept in enclosed structures or
screened area approved in writing by the Architectural Committee. Vehicles may be
temporarily parked on Lots and streets within the Community for loading, delivery or
emergency purposes for the time required to accomplish such purpose, and as necessary on a
daily basis for the construction, maintenance or servicing of Lots and the Community.
Section 6.20.2 No motor vehicles of any kind shall be maintained, repaired, repainted,
serviced or rebuilt on any Lot except within a completely enclosed area, which fully screens
the sight and sound of the activity from other Lots and the Community.
Section 6.20.3 In the event the Board or Architectural Committee shall determine that
a vehicle is in violation of the provisions of this Section, a written notice of violation shall be
delivered to the vehicle owner or shall be conspicuously placed upon the vehicle, and if the
offending vehicle is not removed within seventy-two (72) hours thereafter, the Board or
Architectural Committee shall have the right to remove and store the vehicle, or cause the
vehicle to be removed and stored, at the owner's sole expenses, or at the sole expense of the
Owner of the Lot on which the vehicle is located, and to enter upon an Owner's Lot for such
purpose, all without liability on the part of the Board or Architectural Committee.
Section 6.20.4 Snowmobiles, motorcycles, trail bikes, minibikes, dirt bikes, all-terrain
vehicles, and similar motorized vehicles shall not be used or operated within the Community,
except that motorcycles properly licensed for operation on public roads may be used on
roadways within the Community.
Section 6.20.5 Notwithstanding anything in this Section to the contrary, nothing herein
shall be deemed to prohibit or impair the right to parking of any vehicle, the owner of which
has the statutory right to park within the Community pursuant to Section 106.5 (I)( d) of the
Act.
Section 6.2 I Ponds.
Section 6.21.1 No swimming or boating activities shall be conducted or allowed on
any Ponds within the Community.
Section 6.21.2 No animals are permitted in, nor may they drink from, any Ponds within
the Community.
Section 6.2 I .3 Owners may not use Ponds in connection with any Water Systems.
Section 6.22 Irrigation. All irrigation practices within the Community shall be governed by
20
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the Architectural Guidelines and Water System Guidelines. Each Lot shall be allowed a maximum
amount of irrigated area, as more specifically set forth in the Architectural Guidelines and Water
System Guidelines.
Section 6.23 Camping. No camping shall be allowed within the Community or upon any
Lot.
Section 6.24 Water Systems. All Water Systems must be managed, operated, maintained,
repaired and replaced in accordance with the Water System Guidelines.
Section 6.25 Right of Entry. During reasonable hours and upon reasonable notice to the
Owner or occupant of a Lot, any member of the Architectural Committee, Board, or any authorized
representative of either of the foregoing, shall have the right to enter upon and inspect any Lot, and
the Improvements thereon, except for the interior portions of any occupied dwelling (which shall
require the permission of the Owner or occupant, except in the case of emergency, when no notice or
permission shall be required), for the purpose of ascertaining whether or not the provisions of the
Governing Documents have been or are being complied with, or for the purpose of exercising any
rights or performing any responsibilities (maintenance, repair, etc.) established by the Governing
Documents, and such individuals shall not be deemed guilty of trespass by reason of such entry.
Section 6.26 Health, Safety and Welfare. In the event any uses, activities or facilities within
the Community are deemed by the Board to be an unreasonable annoyance or nuisance, or to
adversely affect the health, safety or welfare of Owners, occupants, or property, including horses, the
Board may amend the Rules and Regulations in order to appropriately restrict and regulate such uses,
activities or facilities within the Community.
Section 6.27 Declarant Activities. Nothing contained in the Governing Documents is
intended or shall be construed to prevent, restrict, regulate or delay in any way Declarant's right and
ability to develop, improve, maintain, repair, regulate, operate, administer, manage, market, sell,
lease, encumber or dispose of the Community, the Lots, Tracts, or any part thereof.
ARTICLE 7: RIGHT OF FIRST REFUSAL
Section 7.1 Right of First Refusal. Except for a Permitted Transfer or a transfer to a
Permitted Transferee, no disposition of Tract A, Tract B, Lot 7 (Clubhouse Lot) or a Barn Lot by any
Owner shall be attempted, made, or effective unless and until the Owner proposing such disposition
shall give notice to the Ranch Association thereof (which notice shall set forth the interest therein
proposed for disposition, the name of the persons or entities to whom such disposition is proposed
and the time, terms, and conditions of proposed disposition) ("ROFR"); and the Ranch Association
(or the Ranch Association's designee) or, if the Ranch Association or the Ranch Association's
designee does not so elect, the Clubhouse Lot Owner and any Tract Owner(s) shall have the right to
acquire the property proposed for disposition in accordance with the manner, time, terms, and
conditions in such notice. As used herein the term "disposition" shall mean any proposed sale or
transfer of Tract A, Tract B, Lot 7 or any Barn Lot or the Lease thereof for a period of greater than
five years.
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28 of 42 Rec Fee:$218.00 Doc Fee:0.00 GARFIELD COUNTY CO
ARTICLE 10: RESERVATION OF DEVELOPMENT RIGHTS
Section l 0.1 Development/Withdrawal Rights. Declarant expressly reserves the right to
subdivide, condominiumize, plat and construct additional Lots, Tracts, units, common areas and
dwelling units and associated roadways, driveways and access ways (the "Additional
Improvements"), to subdivide Lots, relocate boundaries between Lots or Tracts or the Reserved
Property, by subdivision or otherwise, and, as applicable, to submit such property to the Community,
on all or any portion of the Community or the property described on Exhibit D (the "Reserved
Property"). Tract C is not at the time of the initial recording of this Declaration submitted to the
Community. Further, Declarant reserves the right to withdraw Tract A or Tract B or any portion
thereof from the Community.
Section l 0.2 Total Units/Lots. The Community presently contains seven (7) Lots and two
(2) Tracts. An additional Tract (Tract C) is, at the time of recording this Declaration, owned by
Declarant and, in Declarant's discretion, may be annexed into the Community. Pursuant to the PUD
Guide, the Community is presently approved for the development of up to fifty-four (54) dwelling
units. Subject to approval of the Garfield County Board of County Commissioners, Declarant
reserves the right to construct and have ownership ofup to an additional forty-six (46) Lots and/or
dwelling units in the Community including in the Reserved Property, to be platted and constructed in
addition to the existing Lots and Tracts in the Community, for a maximum total ofone-hundred (l00)
dwelling units, Lots or Tracts in the Community.
Section I 0.3 Order of Development. Declarant may exercise its development rights on all
or any portion of the Reserved Property or the Community owned by Declarant in whatever order of
development Declarant, in its sole discretion, detennines.
Section 10.4 Affordable Housing. Declarant reserves the right to develop on-site affordable
housing in connection with the exercise of the above development rights and thereafter. Declarant
also reserves the right to subdivide or condominiumize said affordable housing residences. Such
affordable housing may be rental or for-sale housing, in Declarant's discretion. Such affordable
housing may or may not, in Declarant's sole discretion, be submitted to or annexed to the Community.
Section I 0.5 Entitlements. Declarant reserves the right to rezone and amend the PUD Guide
or any other entitlements concerning the Community with regard to any of the Lots or Tracts or
Reserved Property as may be approved by Garfield County.
Section 10.6 Lot Line Adjustments. The Declarant reserves the right to adjust the common
boundary lines between any Lot(s) or Tract(s) or Reserved Property owned by Declarant.
Section 10.7 Amendment of the Declaration. IfDeclarant elects to exercise any or all of the
development rights or other special rights reserved in this Declaration or the Act, Declarant shall
record an amendment or supplement to this Declaration in the Garfield County records describing at
a minimum the legal description of the additional or resulting Lots, Tracts or dwelling units; a
description of any additional Common or Limited Common Elements; and a schedule indicating the
resulting reallocation of the voting interests and Allocated Interests according to Section 3.1.1;
provided, however, any new Lots or Tracts or dwelling units which are solely designated as being for
24
1111 w,~ .. ~~ilM1'.ll'lf 1~1J r:1A.,~ilC~'1'~'1\~~•w.111, 11111
Receptionij: 982206
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31 of 42 Rec Fee:$218.00 Doc Fee:0 .00 GARFIELD COUNTY CO
Section 1 I .2 Limitations on Actions Related to Construction. In the event any construction
or alteration or landscaping work is commenced upon any of the lands in the Community in violation
of any provision of this Declaration and no action is commenced within 365 days after the issuance
of a certificate of occupancy or letter of completion for such construction or alteration or landscaping
to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages
shall still be available to any party aggrieved. Said 365-day limitation shall not apply to injunctive
or equitable relief against other violations of this Declaration. No bond shall be required to be posted
by any party seeking to enforce the provisions of this Declaration against the Owner of a Lot or Tract
and all of said Owners hereby waive the requirement of posting a bond in such action.
Section 11.3 Dispute Resolution. Except as otherwise provided herein, all claims, disputes,
and other matters in question between the Owners or among the Board of Directors of the Ranch
Association arising out of or relating to this Declaration, the Ranch Association, or the Lots or Tract,
including any asserted default or breach with respect thereto, and including any "deadlock" resulting
from a tie vote among the Board of Directors, shall be resolved initially by mediation unless the
parties mutually agree otherwise. No mediation shall include by consolidation,joinder or in any other
manner, parties other than the Owners, the Directors, and any other person substantially involved in
a common question of act or law, whose presence is required if complete relief is to be accorded in
the dispute resolution. In the event that a dispute or claim arises between the Owners or Directors,
and the procedure for the resolution thereof is not set forth herein, that dispute or claim shall be
submitted to resolution by three (3) individuals, all of whom shall either be: (i) a real property owner
in the Roaring Fork Valley; or (ii) a licensed attorney whose main office is in the Roaring Fork Valley;
or (iii) a licensed real estate broker whose main office is in the Roaring Fork Valley. Each side of the
dispute or deadlock shall appoint one (1) such individual and the two (2) individuals appointed by
each side of the dispute or deadlock shall appoint a third qualified individual. These three (3)
individuals shall be called the Dispute Resolution Panel and the majority decision of the Dispute
Resolution Panel shall be binding on the Owners or Directors as if made by mutual agreement. The
costs and expenses of the Dispute Resolution Panel shall be borne equally by the Owners or the
Association (if the dispute is a deadlock in the voting of the Board of Directors). In rendering any
decision, the Dispute Resolution Panel shall follow insofar as is practicable the procedures of the
American Arbitration Association. The award or decision rendered by the Dispute Resolution Panel
shall be subject to appeal to a court of competent jurisdiction. Notice of the demand for dispute
resolution shall be filed in writing with the other Owner or Directors as applicable. The demand for
dispute resolution shall be made within a reasonable time after the claim, dispute, or other matter in
question has arisen; and in no event shall it be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would be barred by the
applicable statute oflimitations.
Section I 1.4 Failure to Enforce. The failure of the Board to enforce any provision of the
Governing Documents shall not be deemed a waiver of the right of the Board to do so thereafter. No
right of action shall exist against the Association for failure of enforcement where: (i) the Board
determines that the Association's position is not strong enough to justify taking enforcement action;
(ii) a particular violation is not of such a material nature as to be objectionable to a reasonable person
or justify the expense and resources to pursue; or (iii) the Owner or party asserting a failure of
enforcement possesses an independent right to bring an enforcement action at law or in equity and
has failed to do so.
27
1111 WJ~Jl(i1i 11.1,1 H~~l!t/ I,~•~ f~11rl~~lr\¥l n'Jn~ iv~1 11111
Receptiontt: 982206
12/20/2022 12:48:32 PM Jean Alberico
32 of 42 Rec Fee :$218.00 Doc Fee:0 .00 GARFIELD COUNTY CO
ARTICLE 12: INSURANCE
Section 12.1 Insurance. The Ranch Association may purchase property insurance policies
covering the Community property, roads, easements, equipment, and other property that the Ranch
Association, in its discretion, deems advisable. In addition, the Ranch Association may purchase
commercial general liability insurance against claims and liabilities arising in connection with the
ownership, existence, use, management or other activities related to the land shown on the Plat. The
Ranch Association may purchase any other insurance policies it deems advisable.
Section 12.2 Fidelity Insurance. If any Owner or employee of the Ranch Association
controls or disburses funds of the Ranch Association, the Ranch Association must obtain and
maintain, to the extent reasonably available, fidelity insurance with respect to such Owner or
employee. Coverage shall not be less in aggregate than one year of current assessments plus reserves,
as calculated from the current budget of the Ranch Association.
12.2.1 Any person employed as an independent contractor by the Ranch Association
for the purposes of managing the Community must obtain and maintain fidelity insurance in
an amount not less than the amount specified herein, unless the Ranch Association names such
person as an insured employee in a contract of fidelity insurance.
12.2.2 The Ranch Association may carry fidelity insurance in amounts greater than
required herein and may require any independent contractor employed for the purposes of
managing the Project to carry more fidelity insurance coverage than required herein.
Section 12.3 Insurance Premiums are Common Expenses. Premiums for insurance that the
Ranch Association acquires and other expenses connected with acquiring such insurance are common
expenses.
Section 12.4 Owner Insurance Coverage Requirements. Each owner of property within the
Community shall obtain General Liability Insurance in minimum amounts and with such coverages
as may be determined from time to time by the Board of Directors and all such policies shall name
the Ranch Association as an additional insured party. The Association shall have no liability for the
failure of any Owner to maintain required insurance. In the event of payment of any loss covered by
such policies, the Association shall be paid first by the insurance company for the Association's loss.
Such policies shall also contain an express waiver of any right of subrogation by the insurance
company against the Association and the Owners hereby waive their right of subrogation against the
Association. Upon request by the Board, the Unit Owner shall furnish a copy of such insurance policy
or policies to the Association.
Section 12.5 Third-Party Insurance Requirements. Any person or entity leasing, occupying
or otherwise using property within the Community for any equine activities on any portion of the
Community property, including, but not limited to, any polo fields, exercise track, roadways, or trails,
shall have in full force and effect prior to conducting any such activity commercial liability insurance
naming the Ranch Association as an additional insured in amounts and with coverages as may be set
from time to time by the Board of Directors.
28
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Reception#: 982206
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33 of 42 Rec Fee :$218 .00 Doc Fee :0 .OO GARFIELD COUNTY CO
Section 12.6 Nonliability of Association and Board. Notwithstanding the duty of the
Association to obtain insurance coverage, as stated herein, neither the Association nor the Board shall
be liable to any Owner, Mortgagee or other person if any risks or hazards are not covered by insurance,
or if the appropriate insurance is not obtained because such insurance coverage is not reasonably
obtainable on the Association's behalf, or if the amount of insurance is not adequate, and it shall be
the responsibility of each Owner or other person to ascertain the coverage and protection afforded by
the Association's insurance and to procure and pay for such additional insurance coverage and
protection as the Owner or such other person may desire, provided that Owners ( or their tenants)
shall, in any event, be required to obtain the insurance specified in this Declaration.
ARTICLE 13: GENERAL PROVISIONS
Section 13. I Covenants to Run with the Land. All of the covenants, conditions and
restrictions contained in this Declaration shall be a burden on the title to all of the lands in the
Community, and the benefits thereof shall inure to the Owners of all of the lands in the Community.
Section 13 .2 Termination and Amendment of Declaration. This Declaration and/or the Plat
may be terminated or amended by the Owners of sixty-seven percent (67%) of the votes in the Ranch
Association. A copy of any resolution of termination or amendment, certified as correct and complete
and certifying that the requisite percentage of the Owners have approved such resolution, shall be
placed of record in Garfield County, Colorado, not more than six (6) months after the date of said
amendment. If this Declaration is so amended, then it shall continue in effect, as amended, for so
long thereafter as may be stated in said amendment.
Section 13.3 Severability. Should any part or parts of this Declaration be declared invalid
or unenforceable by any court of competent jurisdiction, such decisions shall not affect the validity
of the remaining covenants.
Section 13.4 Repeal of the Act. In the event that the Act is repealed, the provisions of the
Act immediately before its repeal shall control this Declaration. However, to the extent that the
Bylaws of the Ranch Association differ from the Act as repealed, the provisions of the Bylaws shall
control.
Section 13.5 Section Headings. The Section headings in this instrument are for convenience
only and shall not be construed to be a part of the covenants contained herein.
Section 13.6 Notices. Except as otherwise provided in this Declaration or the Bylaws, all
notices, demands, bills, statements, or other communications under this Declaration shall be in writing
and shall be deemed to have been duly given if delivered personally or if sent by United States mail,
first class postage prepaid:
13 .6 .1 if to a Member, at the address which the Member has designated in writing and
filed with the Secretary or, if no such address has been designated, at the address provided for
the Owner of such Lot or Tract in the Garfield County Assessor's Office;
13.6.2 ifto the Ranch Association, the Board of Directors, or any property manager,
29
1111 J,J~Jl1i 11'111 ~fJ,\1Mi !1uliri,11!•~~1\ '1 :,,:,JI\~ ivt 11111
Receptiontt: 982206
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34 of 42 Rec Fee:$218 .00 Doc Fee,0.00 GARFIELD COUNTY CO
at the principal office of the Ranch Association or of the property manager if previously
designated in writing by the Board of Directors or at such other address as shall be designated
by notice in writing to the Members pursuant to this Section; or
13.6.3 if to any committee, at the principal address of the Ranch Association or at
such other address as shall be designated by notice in writing to the Members pursuant to this
Section.
Section 13.7 Equine Provisions. All Barn Lot Owners, Lessees of any Community property
and any other persons or entities conducting equine activities on Community property shall, at a
minimum, comply with the following:
13.7.1 Post, at all times, on or near all barns, stables, arenas, corrals, and the polo
fields a notice of waiver of liability in the form provided for in C.R.S. § 13-21-119 (black
letters at least one-inch in height), as the same may be amended from time to time. At the
time this Declaration is recorded such notice is as follows:
WARNING
Under Colorado law, an equine professional is not liable for an injury to or the death of
a participant in equine activities resulting from the inherent risks of equine activities,
pursuant to section 13-21-119, Colorado Revised Statutes.
I 3. 7 .2 Require all persons, including all employees, guests and invitees, working with
or riding equines at anytime and anywhere on Community property to sign a Waiver of
Liability and Indemnity on a form approved by the Board of Directors and including the
warning language referenced in Section 13.7.1, above.
Section 13.8 No Dedication to Public Use. Except as otherwise expressly provided herein,
nothing contained in this Declaration shall be deemed to be or to constitute a dedication of all or any
part of the Community to the public or to any public use.
Section 13.9 Violations Constitute a Nuisance. Any violation of any provision, covenant,
condition, restriction or equitable servitude contained in this Declaration, whether by act or omission,
is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is
for negative or affirmative action, by any person entitled to enforce the provisions of this Declaration.
This provision does not limit the remedies that may be available under this Declaration or at law or
in equity. Failure of the Association to bring enforcement action to correct any violation of this
Declaration shall not constitute a waiver of or estop the Association from bringing a future or
subsequent enforcement action to correct such violation or any other similar violation .
Section 13 .10 Declarant' s Disclaimer of Representations and Warranties. No representations
or warranties of any kind, express or implied, have been given or made or shall be deemed to have
been given or made by Declarant or its agents or employees in connection with the Community, or
any portion thereof or any improvements thereon, it's or their physical condition, zoning, compliance
with applicable laws, fitness for intended use or operation, adequacy or availability ofutilities, or in
connection with the subdivision, sale, improvement, operation, maintenance, cost of maintenance,
30
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Receptionij ; 982206
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35 of 42 Rec Fee:$218 ,00 Doc Fee:D.00 GARFIELD COUNTY CO
taxes or regulation thereof, unless and except as shall be specifically set forth in writing herein , in
any registration statement or purchase and sale agreement executed by Declarant, or in any closing
document related thereto. Furthermore, no such representations or warranties have been given or
made or shall be deemed to have been given or made by Declarant or its agents or employees that the
plans presently envisioned for the complete development of the Community, and the Association
property , can or will be carried out, or that any land now owned or hereafter acquired by Declarant is
or will be subjected to this Declaration or that any such land (whether or not it is subjected to this
Declaration) is or will be committed to or developed for a particular (or any) use, or that if such land
is once used for a particular use , such use will continue in effect, unless and except as shall be
specifically set forth in writing herein, in any registration statement or purchase and sale agreement
executed by Declarant, or in any closing document related thereto.
Section 13.11 Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION
HEREBY DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS
OR PROPERTY WITHIN THE COMMUNITY. ANY OWNER OF PROPERTY WITHIN THE
COMMUNITY ACKNOWLEDGES THAT DECLARANT AND THE ASSOCIATION ARE
ONLY OBLIGATED TO DO THOSE ACTS SPECIFICALLY ENUMERATED IN THE
GOVERNING DOCUMENTS, AND ARE NOT OBLIGATED TO DO ANY OTHER ACTS WITH
RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE
COMMUNITY.
[SIGNATURE PAGE FOLLOWS]
31
EXHIBIT A TO DECLARATION OF PROTECTIVE COVENANTS
(Real Property owned by Declarant)
A TRACT OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31 AND IN LOTS 5 AND
13 OF SECTION 32, ALL IN TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL
MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND ADJACENT
TO THE SOUTHERLY RIGHT OF WAY LINE OF OLD STATE HIGHWAY 82 AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE WHENCE A STONE
FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID
SECTION 31, BEARSN 26DEGREES 00' 43" E 1433.52FEET; THENCE S 79 DEGREES 58' 52"
E 2125.37 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE NORTHWEST
CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1013 AT PAGE 423 OF THE
RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE
WESTERLY BOUNDARY LINE OF SAID PARCEL ON THE FOLLOWING TWO (2) COURSES:
S 04 DEGREES 55' 00" W 461.90 FEET; THENCE S 01 DEGREES 00' 00" E 861.25 FEET TO A
POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE ROARING FORK TRANSIT
AUTHORITY RAILROAD RIGHT OF WAY; THENCE 169.57 FEET ALONG SAID
NORTHERLY RAILROAD RIGHT OF WAY LINE ON THE ARC OF A 1565.69 FOOT RADIUS
CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 54 DEGREES 32' 43" W 169.49
FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13 THENCE N89
DEGREES 54' 14" W 651.37 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID
LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 10; THENCE S 00 DEGREES 10' 37" E
297.60 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 10 TO A POINT ON
THE APPROXIMATE HIGH WATER LINE ALONG THE NORTH BANK OF THE ROARING
FORK RIVER; THENCE ALONG THE APPROXIMATE HJGH WATER LINE THE FOLLOWING
EIGHT (8) COURSES: S 89 DEGREES 14' 32" W 309.42 FEET; THENCE N 89 DEGREES 48'
58" W 140.45 FEET; THENCE S 85 DEGREES 10' 25" W 69.40 FEET; THENCE S 79 DEGREES
59' 38" W 295.48 FEET; THENCE S 51 DEGREES 27' 51" W 194.85 FEET; THENCE S 66
DEGREES 58' 23" W 177.89 FEET; THENCE S 59 DEGREES 38' 56" W 83.40 FEET; THENCE S
57 DEGREES 43' 02" W 142.66 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF
BLUE CREEK RANCH RECORDED AS RECEPTION NO. 623535 IN THE RECORDS OF THE
GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY
BOUNDARY LINE OF SAID BLUE CREEK RANCH ON THE FOLLOWING THREE (3)
COURSES: N 00 DEGREES 1 0' 37" W 670.31 FEET; THENCE N 89 DEGREES 54' 14" W 231.46
FEET; THENCE N 00 DEGREES 02' 13" W 1677 .90 FEET TO THE SOUTHWEST CORNER OF
A PARCEL OF LAND DESCRIBED IN BOOK 333 AT PAGE 511 OF THE GARFIELD COUNTY
RECORDS; THENCE S 79 DEGREES 52' 12" E 278.00 FEET ALONG THE SOUTHERLY
BOUNDARY LINE OF THE PARCEL DESCRIBED IN SAID BOOK 333 AT PAGE 511 TO THE
SOUTHEAST CORNER OF SAID PARCEL; THENCE N 00 DEGREES 02' 13" W 156.69 FEET
ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL TO THE POINT OF
BEGINNING. CONTAINING 98.19± ACRES, MORE OR LESS,
33
1111 JJJ~J~1!-:1~ 111~11~1 ~1 ~~ ~11r i ~wrr~Jlll~K¥ iw1 11111
Receptionij: 982206
12/20/2022 12:48:32 PM Jean Alberico
38 of 42 Rec Fae:$218.00 Doc Fea,0.00 GARFIELD COUNTY CO
EXlllBIT B
(Real Property Submitted to Declaration)
Tract A, Tract B, Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6 and Lot 7 as shown on the Final Plat of
McClure River Ranch recorded the ;)()ii day of t)fcefbbec , 2022, as Reception No. 16 :J;)o.5
in the records of the Garfield County Clerk and Recorder's Office.
34
EXHIBITC
(Licenses and Easements affecting the Community)
Reservations in United States Patent dated June 30, 1892, and recorded May 2, 1903, in Book 73 at
Page 167, as Reception No. 082729; and United States Patent dated June 5, 1894 and recorded
August 11, 1894 in Book 12 at Page 333 as Reception No. 017568.
Reservations in Deed recorded January l 0, 1944 in Book 208 at Page 584 as Reception No. 150766.
Right-of-way Easement recorded October 19, 1961 in Book 337 at Page 229 as Reception No.
215432.
Right-of-way Easement recorded January 31, 1974 in Book 454 at Page 467 as Reception No.
261611.
Right-of-way Easement recorded October 22, 1975 in Book 479 at Page 875 as Reception No.
269894.
Order of Possession and Rights of Access document recorded August 26, 1992 in Book 840 at Page
224 as Reception No. 438360.
Rule & Order and Rights of Access document recorded December 27, 1993 in Book 887 at Page
640 as Reception No. 457087.
Quit Claim Deed for Water Rights recorded September 1, 2006, as Reception No. 705846.
Resolution No. 2007-PC 05 recorded December 14, 2007, as Reception No. 739330.
Resolution No. 2009-81 recorded December 9, 2009, as Reception No. 778758.
Land Use Change Permit recorded February 10, 2010, as Reception No. 781907.
Land Use Change Permit recorded May 21, 2010, as Reception No. 786310.
Resolution No. 2010-57 recorded August 4, 2010, as Reception No. 789509.
Resolution 2010-101 recorded January 5, 2011, as Reception No. 796752.
Fencing Agreement recorded August 27, 2012, as Reception No. 823180.
Resolution 2013-58 recorded September 4, 2013, as Reception No. 840245.
Resolution No. 2015-49 recorded September 9, 2015, as Reception No. 867726.
Resolution No. 2016-37 recorded May 3, 2016, as Reception No. 876726.
35
1111 rw .. ,n.~1,1 ,t'~, 1~~ ~t n r~,, ~.\•J~u.ri•Ji! Jmiw, 11111
Reception~: 982206
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40 of 42 Rec Fee,$218.00 Doc Fee:0.00 GARFIELD COUNTY CO
Resolution No. 2016-59 recorded September 13, 2016, as Reception No. 882266.
Bargain and Sale Deed and Assignment Water Rights recorded June 1, 20 I 7, as Reception No.
893043.
Assignment and Assumption of Contracts and Permits recorded June I, 2017, as Reception No.
893044.
Resolution No. 2018-10 recorded March 13, 2018, as Reception No. 904213.
Aspen Valley Polo Club PUD Guide recorded March 13, 2018, as Reception No. 904214.
PUD Plan Map, Aspen Valley Polo Club PUD recorded March 13, 2018, as Reception No. 904215.
Holy Cross Energy Underground Right-of-Way Easement recorded April 20, 2018, as Reception
No. 905657.
Trench, Conduit and Vault Agreement recorded April 20, 2018, as Reception No. 905658.
Memorandum of Water Allotment Contract recorded May 3, 2018, as Reception No. 906336.
Memorandum of Water Allotment Contract recorded May 3, 2018, as Reception No. 906337.
Holy Cross Energy Underground Right-of-Way Easement recorded April 29, 2019, as Reception
No. 919719.
Right of way for ditches that traverse the property, and river tributaries, as show on the
AL TA/NSPS Land Title Survey, provided by True North Colorado, dated April 18, 2018, as Project
No. 2017-115.
Overhead Electric Line, as shown on the ALTA/NSPS Land Title Survey, provided by True North
Colorado, dated April 18, 2018, as Project No. 2017-115.
Resolution No. 2020-54 recorded November 16, 2020, as Reception No. 945439.
PUD Plan Map recorded November 16, 2020, as Reception No. 945440.
Resolution No. 2020-55 recorded November 16, 2020, as Reception No. 945441.
Preliminary Plan Map recorded November 16, 2020, as Reception No. 945442.
Resolution No. 2022-!i.'Jrecorded betembec J 3 , 2022, as Reception No. ~8;JQl3 .
Final Plat McClure River Ranch recorded b:tC.£'1'1::1\Jer JO , 2022, as Reception No. 98 -;).:)05.
36
1111 ffJrJ~m' ~,,~~ ~~.rtPVik11 ~~~r.111 irlR J~~~~~YM, 11111
Receptiontt: 982206
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42 of 42 Rec Fee:$218.00 Doc Fee:0.00 GARFIELD COUNTY CO
PARCEL
Tract A
Tract B
Lot7
Barn Lot Assn
TOTAL:
EXHIBITE
(Votes and Allocated Interests)
Votes
1
1
1
l
4
38
Allocated Interests
25%
25%
25%
25%
100%