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FIRST AilfiT{DMENT TO I'ECLARATION OF
PROTECTII/E COVENANTS FOR
ST. flNNBAR FARM ,L-ra$..
TI{IS FIRST AMENDMENT TO DECLARATION OE.PROTECTM COVENAI.ITS
FORST. FINNBARFARM("Amcndment")iseffectivethis ihr* dayof Oetober2@6,ismade
and entered into by St. Finnbar Land C.ompany, a Colorado corporation ('SFLC") and Roadng
Fork Fanq t l,Ci a Colorado limitod tiabilii cornpany (*RFF'; and together with SFLC,
"Declarant').
RECITALS
A. Declarant causcd to bc recorded in the office of the Clerk and Rocorder of Garfield
County, Colorado that certain Declaration of Protcctive Covenants for St. Finnbar Farm
OateA iXcemUer I2, 2000 on January 9, 200t in Book 1226 atPage 346 as Rcception No'
51 47 33 (the "Declaration').
B. The Declaration covers cerlain real property situated in Garfield Coun$, Colorado
known as St Finnbar FamL legally derribed on Exhibit "A" attached hereto and by
reference made a part hereof(the "Property").
D. As morc particularly describcd iru and subject ro the limitations contained in Section 14.2
of the Declaratioq Docbrant has the righi to amend ttre Declaration rlrtil the cloiing of
thc salc of the first 9 Lots comprising thc Propetty.
E. As of rhe date:hereof, Declarant has sold Lots l, 2; 4 arid'l'1, wnich meint Declarant ir'as
sold fewer thad 9 Lots.
F. Declarant desires to amend the Dcclaration as provided herein'
Now Therefore, Declarant hereby anends the Deslsration as sct forth below.
l. The definition of *Sewer Service Agrcenrent" contained in Section 2.27 of lhe
Declaration is delaed d replaced with the following:
227 Se$'ef ServiQg AgeBment means that cortain Sewer $ervice Agreement
betwcen SFLC and the Ranch Association dated August 4, 1999 and nrcorded in
Book 1146 at Page 195 as Rfc€ption No. 5071? of thc records of ffield 9o$y,
Colorado and thit certain First- Amendment therelo dated effective July l, 2005
recorded on January 23,2M in Book l?66 at Page220 as Reception No. 690968' and
any aditional amendmants, replacemsrts or zup'plements tlrereof'
2- The dcfinition of j'Domestic Well' is hereS added to rhe'Declaration at a nciw
Section 2.32, as follows: --
2.32 Domestic Well m€ans a well located or to be located on ealh Lot by -which
domestic r^,et€r ls suptiE to the Lot onr which it h locatcd The Associ*ion shall own
all Domestic Wells airA *r"lr associated watcr rigbts and augmentation suPply'
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3. Ttre definition of *Lrigaion Water Righs' is hereby added !o the Declaration at a
new Section 2-33, as follows:
2.33 lrrigarioru\Uater RighF rneans the Association's intercsts in Ore Middle
Ditch and Lower Ditch water rights hisorically used 1o irrigate the St. Finnbar Farm
prcP€rty.
4. The definition of 'Water Rules and Regulafions" is hcreby add€d to the Declaration
at a new Section 2.34, as follows:
2.34 Warer Rqles and Reeufdions means a sct of terms, conditions, and
provisions adopd bt the Declarsrt andor thc Association that govcms thc -use of uater
wirhin St finiUar Farm, as zuch terms, conditions, ald provisions may bc arnended
fromtimetotime.
5. Tlre first sentence of Section E.5 ofthe Declaration is hereby deleted and replaced
with thc following. All other pmvisions of Section t.5 shall rcmain unchanged.
8.5 PeEsine4 Adivity WithiF qpn $pac€s Activities that may occur within
Open Spacc Arcas include driveways, utilig easements, inigation water line extensions,
and pasnre and graaing of lives{ock. The location ard constnrction of inigatim-water
line extensions witrin-tle Open Space Areas shall bc in accordance with the Water
Rulcs and Regulations and associated irrigation plan for St. Finnbar Farm.
6. Section 8.20 of thc Declaration is hereby deleted and rcplaced with the following:
8.2O lrri8nt&d Lands. Subjcot tro the legal alrd physical availability of w,ater,
historically inigated lands on SL Finnbar Farm strall bc inigated using tbe Associatist's,
Inigation Water Nghts conveyed by Declarant T?re Associ*ion's detsmination of
wbat csr*itutes "historically inig3tcd lands'shall bc conclusiva The Associ*ion drall
make reasonablc efforts to minimize the loss or dry up of histmicalty inigated lands
associated with the development of Lots. Subject to the tcrms, conditions' and
provisims of the Water Rulbs and Regulations, each lot Ovmer is entitled to inigate
using a portion of ihe Associdion's lrrigarion Waler Rights. The Associdion also may
use is available lrrigation Water Rights to inigate comrnon areas and Open Spacrs &at
are appropriate for inigation Irrigation within St. Finnbq Farm shall occur via thc
existing ditch qystcrn, in accordance with llle Wacr Rules and Rcguldions.
7, Section 10. I of the Declaration is hercby deleted in its €ntirety and replaced with thc
following:
I 0.1 Water Supply. Use of water within St Finnbar Farm is at all times srbject
to the Water Rules and Regulations. Prior to construction or development of water
supplies for any Lot, the Lot Owner must consult with tlrc Declarant and/or the
Aimciation to dcterrnine the Water Rulcs and Regulations applicable to such LoL
(a) Subjecl to the terms, conditionq and provisions of the lleler Rules- sr{
Gilit[-ttp;f*hGt "iJl te lnuuca to usp the folloriffiE-Agoc '
wsl€r supplres:
Sr Finrbs-First Adrcrdmcr.lo Covcler'-Piltl - 10. 17-06 2
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One Domcstic Well. The Lot Owner shall be responsible to obtain
a wcll pennit from the Colorado Division of Water Resources (the
"Pennit') for the Domestic Well, which Permit shall be in the
name of the Association as own€r of the well. The Lot Owner
shall be responsible for the payment of all cosls associated with the
permining, conskuction, development, opention, rcpair,
maintenance and replacement of the Domestic Well located on
higher Lot. Uses of wate.r fiom the Domcstic Well are limitd to
ordinary in-house uses and irrigation of up to 8,300 square feet of
lawns and garrdeirs. The Domestic Well is augmented by and s.rbject
to the tenns, conditions, and rcstictions of Basalt Water
Conservancy Disrict Cnnracr No. 3.3.5.324 as may be amcndcd
fiom tirne to time, and the plan for augtnentation and/or srbatitute
water $pply plan associared therewith.
Such portion of the Association's lnigation Water Rights as
allocated in accordahce with the Water Rules and Regulations.
(b) Subject to the temrs, conditions, and provisions of tlre Waftr Rules and
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bc responsible to obtain the necessary water court and, if applicable, well
{ Fo*Ot?'F,l&) pg_rmii approvals for hiJ}rer pona, inctuoins lut no1 tirited t_6 tne
obligation to obtain a wat€r supply conbact from the Basalt Water
Conservancy Disldct (*BWCD") to augment evaporation losses Aom the
pond. Each Lot Owner shall bc solely responsible for the approval,
permitting, constuction, operation, maintenancc, and repair of the pond
located on his/trer Lot, including the payment of all fees and costs
associated therewith-
8. Section 10.3 of the Declaration is hercby amended to state the following:
10.3 Water Rieht$ Reserved. Ownuship of any Lot in St Finnbar Farm
excludes all rescrvoir and rcservoir storage rights, water and water rigbts, ditch ard
ditch rights, ryring and spring rights, ground water and ground water rights, all of
which are reserved to the Association, excepting only the authority reserved to each
Lot Owner to obrain a watsr rigbt for a pond on hislher Lot, as provided in Section
10. I of this Declaration, which authority shall be subject to the terms, conditions, and
provisions of this Deelaration and the Water Rules and Regulations.
9. Section 10.4 of the Declaration is lrreby amended to state the follodurgl
10.4 No.lmpsirmelt of Water Richts Ur OwlE rs. Notwilhstanding that Ovmcrs
of Lots are entitled to obtain Domcstic Wells and to use lhe water rights sppufienant
thereto or to constnrct individual ponds and obtain water rights therefor, in no event
shall Owners be entitled to have any standing, by virtue of said Domestic Wells or
ponds, to object to any application for a Domestic Well permit by another Owner.
Nor may owncrs object to any water rights application that may be filed by the
Declarant or Association with respect to :ury water rights rcserved to Declarant or
owned by the Association so long as such application does not seek to transfer or
divert such water rights off St. Finnbar Farm. Each Owner hereby irrevocably
(i)
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constitrres rnd appoints llcclrant or thc Assciation ns its auomey-in-fact'to flc,
join in, or objec,t- to, as Doclorant or thc Aesociation desrs qprogriato in its solc
discrction, any rrntcr rigfuts aplicuion aftcting Sr Fimbc Farm.
10. There is hctobyaddcdtotheDeclaruionanmr Scclior ll.l as follots:
Lot shail mrt
ll. Capfiialiad ens u$cdkcin and notothcrriliscdcdnad trawtbsnoadnp sa for6
intheDeslfiatim.
12. Thc Dcclarciou,as ucodcdlrcrrby, rcoairs in full forceald efhcr
IN WITNESS UmEREOF, Dsclarst hrc cxmncd this Amdncot m lhc day and
3rcrfirst aboveutriucrr
ST. FINNBAR LAND COMPAI{Y,
a0olorado corpor*ion
ROARINC FORK FARIVI LLC,
llrdt€d liability compony
Morton Morge
Vioehcsi&nl Sccrelry
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.constitutes 8Dd appoiils Declarant or th€ Association as iu anomey-in-f?ct to frl_e,
join in, or objeci io, rs Declarant or the Association deems appropriate in its sole
discretion, any wder righr application sffecting St. Finnbar Farm'
I 0. There is trereby ad&d to the Declaration a new Section 1 1 .I as follows:
per more Orryners
may pxchase the 15 EQRs pursuant to the Sewer Senrice
Agrcern€,nt on a fust-come first-sened basis. The prrchasc price
as set forth in
for erch EQR in
excess of the 1.5 EQRs reservod for each Lot shdl,the Sewcr Service
Ageernrng depend on thc date prrchased from the Ranch Associ*ion. The Ranch
Associalion has no obligation to povide any EQRs aftcr
by said date.
Augus{ Z?,zffi,even if all 35
EQRs available have not bcen prrchased
I l. Cqpitaliad terrns uscd herein md not otherwis defined havc tlrc meanings sct fbrth
in the Doclaration.
12. Tlrc Doclar*ion" as arnended hereby, remains in full force and effoct.
IN WITI{ESS WHEREOF, Declarmt has exccuted lhis Amendment on Oe day and
year first above written.
ST. FINNBAR LAND COMPAhIY,
a Colorado corporation
By:
Vice President, Secrerary
Si Frtrbrr-FirslAmcsdmeotlo Covfiarls-Fitrrl - l0 17-06 4
ROARING FORK FARM, LLC,
a Colorado limited liability company
By:
James Mindling, Managcr
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5 of E R 11.00 D 0.W cniFIELD coltrrri Co---
STATE OF _*-)
COUNTYOF
)ss.
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The forcgoing Ancodnent was acknowlcdged before me this .- day of
2006 by Morton Heller, Vics-President and Secrctary of St. Finnbar Land Company, a Colorado
cotporation,
WTINESS my hand a.nd official seal.
My commission expires: .
Notary Public
C{STATEOF )
couNrYon 6.rrC4f,''
The Amcndment was acknowlcdgod bcfore me ,n" !ffiuv .f 04..2006 by
James Mindling as Manager of Rouing Fork Farm, LLC, a Colorado linitcd liability company.
WITNESS my bandaudofficiel seal.
Mycommission expircs:
St Fimbrr-FirstArn€h&rart boorH|lllr-finrl - 10-17-06 5