HomeMy WebLinkAbout1.17 Termination of CIC
DECLARATION OF TERMINATION OF COMMON INTEREST COMMUNITY REGIME
(Whitecloud Ridge Subdivision)
THIS DELCARATION OF TERMINATION OF COMMON INTEREST
COMMUNITY REGIME (“Termination”) is dated ________________, 2021, and made by the
Whitecloud Ridge Homeowners Association, a Colorado non-profit corporation (“Association”),
and Ascendigo Property Holdings, a Colorado non-profit corporation, as sole owner and member
(“Member”) of the Association.
RECITALS
A. On October 20, 2000, a plat was recorded creating Whitecloud Ridge Subdivision,
Garfield County, Colorado (“Property”), as Reception No. 571155 (“Subdivision
Plat”).
B. On October 20, 2000, the Declaration of Protective Covenants of Whitecloud Ridge
Subdivision was recorded at Book 1213 at Page 496 as Reception No. 571156
(“Declaration”) creating a Common Interest Community regime (“Subdivision”).
C. Member acquired title to all thirteen (13) of the lots in the Subdivision, and thereby
became the sole owner of the Property pursuant to that certain Special Warranty Deed
recorded on October 1, 2020, as Reception No. 942983. Member was also assigned
all of Declarant’s rights pursuant to an Assignment of Declarant Rights – Whitecloud
Ridge Subdivision, recorded on October 1, 2020, as Reception No. 942990.
D. Member desires to terminate the Declaration and terminate and vacate the
Subdivision, as more particularly described below.
TERMINATION
NOW, THEREFORE, the Association and Member declare as follows:
1. The Declaration and Subdivision Plat, and the entire Common Interest Community
regime imposed on the Property are hereby terminated and vacated in their entirety
effective as of _____________________, 2021.
2. Pursuant to C.R.S. §38-33.3-218(1), Member, as the owner of all of the lots in the
Subdivision, has agreed to this Termination.
3. Pursuant to C.R.S. §38-33.3-218(1.5), a fully executed copy of this Termination will be
sent by certified mail or hand-delivered to the Garfield County Board of County
Commissioners (“BOCC”). The BOCC granted approval to vacate the Subdivision Plat
pursuant to ___________________ (reference Resolution) on _____________________,
2021. Said approval was recorded as Reception No. _______________ on
_______________________, 2021.
4. Upon recording this Termination, the legal description of the Property shall revert to its
metes and bounds legal description (NOTE: will there be a new description with BOCC
approval?).
5. Pursuant to Section 14.2 of the Declaration, Member, being the only owner of Lots 1-13
in the Subdivision and sole member of the Association, hereby consents to this
Termination.
IN WITNESS WHEREOF, the undersigned Member and Association have executed this
Termination as of the date set forth above.
ASSOCIATION
WHITECLOUD RIDGE HOMEOWNERS
ASSOCIATION, a Colorado non-profit
corporation
By:________________________________
Peter Bell, President
STATE OF COLORADO )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ___ day of
_______________, 2021, by Peter Bell as President of Whitecloud Ridge Homeowners
Association, a Colorado non-profit corporation.
___________________________
(Notary’s official signature)
___________________________
(Commission Expiration)
Signature on the following page
OWNER and MEMBER
ASCENDIGO PROPERTY HOLDINGS, a
Colorado non-profit corporation
By:________________________________
Peter Bell, President and CEO
STATE OF COLORADO )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ___ day of
_______________, 2021, by Peter Bell as President and CEO of Ascendigo Property Holdings, a
Colorado non-profit corporation.
___________________________
(Notary’s official signature)
___________________________
(Commission Expiration)