HomeMy WebLinkAbout1.52 Resolutions and Protective Covenants for Coal Ridge PUD , Riverbend PUD, Matthies Exemption!
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Recorded "r I t o{ -"fY* 4 "'. :,#r,^ :*ffsir[- MTLDTiLD ALg.qglf' H:::P::Boception No'- ttrrNe [^-;i;t, Cour:w, coLoRADo
STA1E OF @I.ORAM )
)ss
CountY of Garfield )
Brlf( 66P weLW
"o*nrtl
rl.M:'i:?.!l#'nH3'3.'ilru:i'erd countv
Courthouse in Clenwooa Spring= ot'--Thu""d?{,=='-=' the Z7t!-day
of December A.D' I9B4 ' there t''ere present:
Bttor 66? rrcr$gS
Larrv velas-quqz ' ngf:ilffi: chairman
' @nrnissionerEuAene ttJir.n" Drinkhouse ' r..r,rr.rf. Af-tor; ::::r"t':::"il,,sssistant- , Cferf-of the Board
whenthefo}Iowingproceedings,aflpngotnerswerehadarrddone,to-wit:
RESOLUTToN }io- 84-26r
A RESOLU.TION CO}.CERNED WITII TIIE APPRO\TAL OF A}I APPLICATION OF SlOFTtt KINCS
MINES,I}iC.lronumI{oDIFICATIoNoFTIIERIVERBNDPIANNED[,NIT
DEvErppMENr rc nm @AL RTDGE pr,aNNeD uNrr DE,EL.PM*{T AI{D APPR,\IAL oF rrs
PIAN.
hIIIEREAS, St'orm King lttines, Inc' has filed an application with the
Board of counry a;;i;i.ners of Garfield county, colorado, for tne
modification of It" nirr".*na pi.nted Unit oevelopnrent to tfre Coal Ridge
pranned unit Developxnent ana ap,piwir of its pran for the parcer of rand
to be rezoned;
I|IIIEREAS, a public hearing was held by this Board on DeceIIDer L7, 1984;
I{HEREA^Srbasedupontheevidencersr.rorntestimonyrexhibits,studyof
thecorrprehensiveplanfortheunincorporated?rgasgrcar|illdCounty,
comnents from the Garfield county oepaitnent of DevelogrEnt ancl the
Garfield County Planning Conunission, and comnents from aII interested
parties, this Board finds, based on SuDstantial competent evidence, aS
follovrs:
1.Tlaatproperpublicationandpuolicnoticewasprovided,as
reguired by law, for tne hearing before the Board;
2.TfiatthehearingbeforetheBoardwasextensiveandcorrplete,
that all pertinent f*i=r-r*ii..=. and-issues vrere submitted, and
that aII interested parties were heard at the hearing;
3.TtrattheGarfieldCountyPlanningCorrmissionnasrecomnended
tothisBoardt'hattlrereguistedzoningchangebegranted,p.orii}"d;; ;;;;"in-.ondirions be irnposed upon the appricant;
4.ThatthePt]DTnodificationisconsistentwithtneefficient
developnent and preseivation of the entire PUD, dOeS not affect'
in a substantlalry "a""i""-*""".r, either the enjoynrent of rand
abutting upon or *ro==-i street from the PUD, or the E:olic
j.nterest,andisnotq.*tedsolelytoconferaspecialbenefit
upon anY Personi
5.tnattheproposedzoningisingeneralcompliancewiththe
recotrrnendationssetfortninthecoq)renensiveplanfortfie
unincorporatedareaofthe@unty;providedcertainconditions
arerretinanySubseguentlandusepermitapplicatlonsi
6.TtratthereguestedPlannedtjnitDeveloprnentl,lodificationis
ingeneralcorrplrancewitha]-lrequirementsoftneapplicable
Garfie}dCountyZoningResolutionand,further,thatthe,*u"Ii.a-pi*."a unii oevelopnent I'tcdification is suitaole ar,o
"pprop.i.tl-totthesubjectproperty'giventhelocation'condition and circumstJc.s of tne property, -d 1! is generarly
corrpatiblewithexistinglandusesintnesurrourdirrgnearby
area;
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6. Ttrat for above-stated and other reasons, the proposed Planned
Unit Develognent tr4oditrcation and planned unit develoErnent plan
is in the best interest of healtlr, safety, rnorals, convenience,
order, prosperity and weltare of ffie citizens of Garfi.elo County;
and
WHEREAS, the Board must, for the prrpose of analyzing the su.lcject
application, in accordance with the provisions of the Garfield County
Zoning Resolution, establish the neighbornood which may be affected by the
trnssiole approval of the zoning change and, further, the Board has
hetermined-that, except as otnerwise noted herein, sucfr neighbornood rs in
the area of Garfield Countyr Colorado, within a one and one half (L L/2)
mile radius of the proSnsed develogxnent.
t{cw, IIHEREFORE, BE IT RESOLVED by the Board of county conrnissioners of
Garfield County, Colorado, that the application for the l4odification of
the Rlverbend Planned Unrt tteveloprnent to tne CoaI Ridge Planned Unlt
Develognent be approved for tne following descrlbed property 1n the
unincorporated area of Garfield County, as follows:
l. Ttrat aII verbal and written representations of the applicant
snall be considered conditions of approval, unless expressly
, provided for in this Resolution.
2. That the zoning text of the planned Unit Developrnent plan for
the CoaI Ri.dge Planned Unit Develo5rnent IS attacned hereto as
D<hi"bit "A'r, incorporated herein by reference as is fully set
forth herein.
3. That the planned unit develotrment map for the @al Ridge
Planned Unit Develo5xnent is attacned hereto aS E:xnrDlt "B",
incorporated herein by reference as if fully set forth nereln.
4. ltrat the legal description of tne property hrnlch encompasses
the Coal Ridge Planned Unit DeveloEnent is attached herein as
E:hibit "C", incorSnraEed hereln oy reference as it fully set
forth herein.
ATTBST:GARFIELD COUNIY BOARD OF CO{I''I'ISSIO{ERS
GARFIELD COUNTY, @IPRAM
t pon rnotion duly made and seconded ttre foregolng Resolution was
adopted bY the following vote:
Larrv Velasouez lYe@use tYem Aye
STATE OF C:OIORAM )
)
County of Garfield )
r - , County Clerr ard ex-off icj-o Clerx{of tfre rs ].n and for tne countY and st'ate
aforesaid do hereoy certify that ttre annexed and foregoing Order is truly
copied from the Records of tne Proceedj'ngs of tlre Board of County
Colnnissioners for said Garfield County, nohl in rny office.
IN WITI{ESS WHEREOF, I have hereunco set my nand and affrxed tne seal
, A.D.of said County, at Glenwood Sprrngs, tnis
t9
day ot
of the Board of County Comnissloners.
County Clerr and ex-officio Clerx
C
800r( flffifr6glfiO
Eoox 66? m7 00 . .
ExhiDit A
A.
B.
coALRIDGEPLANNEDUNITDEVELoPMENTDISTRICTS
r.0
r.l
2.0
2.L
2.2
2.3
2.4
2.5
2.6
3.0
3.1
GENERAL PROVISIONS
MAP
tne Garfield CountY zonrng
ffiion-inatheSucceSsorSthereof,aSnow1naffectandas hereafter amended, are Dy this reference incorporated
nerein as if set forth in fuII, to the extent not divergent
from the provisrons of the coat Ridge Planned unit
Development Zone Regulations.
conflict: The provisions of tne zone Regulatlons snalI
Fr"il-and govlrn the development of CoaI Rldge P.U.D.
prorrided, however, where the Provlsrons ot tne Coal Ridge
p.u.D. zone Regulations do not clearly address a specific
suoject, the piovislons ot the Garfield county zonrng
nes6lution, iircluding, and not Iimited to Section 5.03 1n
its entirety, oE any other resolutions or regulatlons ot
Garfreld CountY shall Prevail.
The General DeveloPment Plan is
and referenced as ExhlDit rrBrr
attached to this resolution
T TRANSITION
Uses, by right: AgriculturaI, single family dwelling'
utility lines of not greater than 69 KV, and taCilitieS and
municipaf Structures to Serve existing and inclustrial needs'
such ai plpelines, porrrerlines, suo-stations, conveyors 'ditcnes, - roads, undergrOund water and ser,,er f acilities, and
easements;
Uses, special: None
ltinimum Lot Area: 2 acres
Maximum Lot Coverage z 25 Percent
tlinimum Setback:Front z '25 teet
I0 feet
25 feetS ide:
Rear:
tlaxlmum Heigh@:25 feet
T-2 HEAVY INDUSTRIAL DISTRICT
Uses, bY Right: Agrrcultural
ffiand iacilities and municipal structures to
serve exrsting and Indust,rlal needs, sucn as plPellnes,
po$rerlines, suO-stations, conveyors, drtches, road, water
and sewer facilrties, and easements'
uses, sPecial: Heliport with support
ffiffiminesaIvageyard,yardstorIayoutofstora9€,
temporary structures f or housing, of f ice or storage rrrhen
appiovea as a part of an extractive operatlon'
Plant for faorication of goods from processed natural
resources; material nanclllng, pumplng facrlitres, electrical
dlstributlon, warehouse facilitres/staging areas,
fabrication areas, storage areas, $rater rmpoundments, access
routes, utr.tity lines over 69 KV, pipelines'
3.2
3.3
3.4
3.5
3.6
3.7
Boo( 66e ?tfiE7OL
Botir( 6G? frfflgl
Sites for extraction, processi.ng and Storage of natural
resources, including mines, shafts, plts, storage points,
and borenoles for coal, oil and 9ds, geotnermal and other
minerals, water, sand, gravel, rock, soiI, explosives,
chemrcals and fuel.
Railroad corridor for sPur or branch line serving
agricultural/industrlal sltes; radro and/ot television
transmission and recerving facility (not general broadcast),
wholesale/retarl sale of coar.
Minimum Lot Areaz 2 acres
l,laximum Lot Coverage: Industr ial: 85 percent
Minimum setback: A11 ouilclrngs shall meet the following
ffit: 25 feet; side: l0 feet; Rearz 25 teet.
Maximum Height ot lg!1gl-E: 35 feet permitted by
SPeciaI Use Permlt' Revler" and
approval based on the following criterra:
I. The geograPhlc location
2. t'litigation of visual lmpacts to the surrounding
areas.
3. Itltigation of impacts to adjacent l-and uses related
to snadows, alr circulatron and vlew'
Ivlultiple uses: t{ultiple
on-aIIlands witnin t,his
Speclal Use Permit"
4.0
4.lUsesrbyRignt:Existinguses,providedtnatsuchsnall be a noi-conforming use aS detlned ln Sections 6'II
and 7.0 of the Garfield county Zoning Regulation, greenbelt,
utillty Iines and sub-statlons, puDllc ano prrvate easements
and r ights of vraY ; Par K -
4.2 Uses, Speclal: Sit'e f or por.'er and/or '"aterffiorage of agrrcultural materials, Puolic
gatherings, waEer impoundments, recreational facilrtres and
farf shelter including malntenance facrlities'
I{rnimum Lot Area: Not aPPlicable4.3
4.4
4.5
4.6
5.0
5.1
Maximum Heighc of Buildings: 35 feet
SupplementarY Reguirements :
AII Special Use Permit' applications snaII
include a landscaprng design plan that' mlnlmlzes to the
extent feasible visual and noise rmPacts associated with the
proposed use (s) .
AlI outside storage shall be enclosed and
screened oy a slgnt ooscurrng tence'
COS - Common Open Space: Tne Common Open
rea't. shfincrude Parcers ot
or a combinat,ion of land and r"ater
designated and intended primarily
of tne owners and occupants of Ene
ryrximum Lot Coverage: Not aPplicable
t{inimum setback: Notr appllcable
uses snall oe Permrtted
zone cltstrrct, provlded approved by
Space
Iano and areas of water,
, wltnrn the PUD,
for the use of enjoYment
PUD, and Cneir employees-
5.2
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Iegal Deseiption
A parcel of land beginning at the section corner found in place at
the southeast corner of section 34, T5S, R90w, 6 P'M., County Of
Garfield,, Co}orado, thence westerly along the south section line
ofSect5-on34,T5S,R90W,6P'M"beingabearingofNBgo45'28"w'
for a distance of 1980 feet to the northeast corner of 10t A' which
is also the northeast corner of section 6, T65, R90w' 6 P'M'' thence
due south atong the east section line of said Section 6, for a
distance of 2550 feet to a point on the east-west centerline of said
Section 6. Thence westerly along said centerline on a bearing of
NBgo 4gr44, w, for a distance of 2655.78 feet to the center of said
section 6. Thence continuing westerry along said centerline on a
bearing of NBgo49'44u W, for a distance of 2655'78 feet to a point
on the west section line of section 6. Thence due north for a
distance of L532 feet to a point on the centerline of the colorado
River. Thence northeasterly along the centerline of the colorado
RiverrolabearingofN63o45'00"8'foradistanceof460feet'
thence on a bearing N56o35',00" E' for a distance of 345 feet along
the River centerliner thence on a bearing of N50o35'o0" E for a
distance of 690 feet along River centerline, thence on a bearing of
N53olS,o0,,E,foradistanceof3L2.48feet,thenceeasterlyalong
the north section }ine of Section 6, on a bearing of s89o45'28" E,
for a distance of 3827 '44 feet'
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482954 8-952 P-742 09/12/95 10:19A PG
},IILDRED AISDORF GARFIELD COI.]NTY CLERK
Don DeFord
Mildred Alsdorf
Chuck Deschenes
DOC
STATE OF COLORADO
County of Garfield
[14 regu]ar meeting of the Board of County Commissioners for Garfield County,
C)olorado, held in the Commissioners'Meeting Room, Garfreld County Courthouse, in Glenwood
Springs oo Monday , 16a 11t l-b1 septpmber A.D. 19 95 , there were present:
Marian I. Smith Commissioner Chairman
Commissignsl
Comrnissioner
County Attorney
Clerk of the Board
County Administrator
Arnold L. Mackley
Elmer (Buckey) Arbaney
1
AND
OF B REC
RECORDER O.OO
NCIT
)
)ss
)
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 95_07 4
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION BY RB
HOMES INC. FOR THE RIVERBEND FILING #5 PLANNED UNTI DEVELOPMENT
AMENDMENTAND APPROVAL OF TtS PLAN
WHEREAS, RB Homes Inc. has hled an application with the Board of County Commissioners
of Garfield County, Colorado, for approval of the Riverbend Filing #5 PUD Zone District
Amend.ment and its PUD Plan;
WHEREAS, The Board of County Commissioners has now considered that application.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COLTNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that based upon the
evidence, sworn testimony, exhibits, study of the Comprehensive Plan for the unincorporated
areas of Garfield County, comments from the Garfield County Planning Department, and the
Garfield County Planning Commission, and comments from all interested parties, this Board
enters the following hndings and conclusions:
FINDTNGS
1. The application was frled with the Planning Department and referred to the Planning
Commission consistent with statutory requirements.
2. The Garheld County Planning Commission reviewed the application and recommended
approval of the application with certain conditions on April 12, 1995.
3. The Board of County Commissioners established a date for the public hearing on the
application to commence on June 5, 1995.
48295/"
@ffiB-95r P-74r 09/12/95 10r 19A PG 2 0F B
4.Pursuant to evidence produced at the public hearing on the application, the Board hnds:
A. All property owners adjacent to the property that is subject to this application received
noti.fication of the date, time and location of the above referenced public hearing by
certified mail, sent at least fifteen (15) days prior to commencement of the hearing;]
B. Notice of the public hearing was published in a newspaper of general circulation at least
thirty (30) days prior to commencement of the hearing;
The substance of the mailing and published notifications substantially informed
interested parties of the subject matter and location of the requested zoning;
The Board of County Commissioners has jurisdiction to conduct the public hearing on
the application and render a decision thereon.
The hearing before the Board on June 5, 1995 was extensive and complete, that all pertinent
facts, matters and issues were submitted, and that all interested parties were heard at the
hearing.
6. Pursuant to Section 4.02 of the Garfield County Zoning Resolution of 1978, as amended:
A. The PUD Zone District Text and Map direct the dwelling type, bulk, density and open
space in a manner consistent with zoning laws;
The PUD provides a variety of housing types in a layout allowing for open space
urgillu.y to the building locations;
The PUD, if fully developed, will result in an increased assessed valuation to the
property;
The PUD Amendment, subject to strict compliance with conditions set forth herein, is in
general conformity with the Garfield County Comprehensive Plan, pursuant to provisions of
Section 4.04 of the Garfield County ZorrtngResolution of 1978, as amended and Section 24-67-
105, C.R.S., as amended.
In accordance with Section 4.07.01 of the Garheld County Zorung Resolution of 1978, as
amended, the Board of County Commissioners herein hnd that subject to strict compliance
with the conditions set forth herein, the Westbank Ranch Filing #4 PUD will meet the
standards and requirements of Section 4.00, et. seq. of that Zoning Resolution.
The requirements of Section 4.07.03 of tile Garlield County ZontngResolution of 1978, as
amended, are met as follows:
A. Subject to the conditions set forth herein, the impacts of the PUD and its surrounding
area are appropriate, with all identified unreseasonable adverse impacts being
appropriately mitigated ;
The proposed PUD provides adequate internal street circulation for the traffrc
generated by the development. The private internal streets provide adequate access for
fire and police protection, as well as bicycle traffrc;
The PUD provides adequate parking lor all proposed uses;
C.
D.
5.
7.
8.
9.
B.
C.
B.
C.
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10.
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O9/L2/95 10:19A PG 3 oFe
space that is adequate for the usage of its ownD. The PUD provides common open
residents;
The PUD provides for a variety of housing types, including single-family and multi-
family units;
Adequate privacy is provided between the dwelling units through lot sizing, building
envelopes, and architectural control;
G. The PUD provides adequate pedestrian access within the PUD.
The proposed PUD will allow the clustering of development to avoid areas of geologic hazards,
permitting the creation of additional open space.
The overall density of development, pursuant to the provisions of Section 4.07.06 o[ the
Garlreld County ZontngResolution of 1978, as amended, will allow development of less than
four (4) dwelling units per acre.
The PUD exceeds the minimum number of acres required for PUD size.
More thanZ1 percent of the PUD is devoted to common open space.
Under the conditions set forth herein and pursuant to the PUD Zone District Map (Exhibit A),
the PUD demonstrates the location and total acreage for each proposed use together with the
limitations on lot sire and total density within each use.
Pursuant to the provisions of Section 4.08.05 of the Garfield County lsning Resolution of
l978,asamended, the applicant included their written request forPUD Amendment all of the
following:
A. A statement of ownership interest and written consent of all property owners;
B.
E.
F.
E.
F.
12.
13.
14.
15.
C.
D.
A proposed plan indicating the maximum number of dwelling units, the minimum
acreage, dedicated open space, type ofproposed uses and acreage devoted to uses, a
proposed internal circulation system, the manner in which provision for water, sewer,
telephone, electric, and gas exist, and other ne@ssary restrictions sought by the
applicant;
A regional location map showing the location of the proposed PUD in relationship to
connecting roads and other public facilities;
A map indicating the existing boundaries of the PUD, its acreage, existing structures
and existing zoning;
A site topographic map with five feet contour intervals was submitted with the
application;
A legal description of the area which the applicant wish to include in the PUD was
submitted with the application;
The applicant submitted a written statement setting forth the objectives to achieve by
the PUD, copies of proposed covenants, conditions and restrictions, a list of property
owners within 300 feet of the boundaries of the PUD, a statement by a licensed engineer
G.
482954
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B-952 P-745 Og/L2/95 10:19A PG 4 OF' B
that provided information concerning the proposed water source, method of sewage
treatment, the general manner in which storrn drainage will be handled, and the general
manner in which provisions have been made for potential natural hazards, including
landslide areas, unstable soils, and drainage paths, all of which are subject to the
conditions set forth herein;
Easements for ingress and egress to a public road have been provided; and
The PUD Amendment, subject to the conditions set forth herein, will be designed with
the consideration of the natural environment of the site and surroundin E area, will not
unreasonably destroy wildlife, natural vegetation, unique features on the site, and
mitigates the impacts of adjacent property owners;
Subject to the provisions of Section 4.08.06 of the Garfield County Zoning Resolution, as
amended, the Board of County Commissioners hnd that no portion of the PUD conditionally
approved herein may be occupied until appropriate final plats have been approved by this
Board.
Subject to the provisions of Section 4.12.03 of the Garfield County Zoning Resolution, as
amended, the Board of County Commissioners find that the PUD Amendment is a substantial
moffication of a PUD previously approved tn 1977 , the proposed modification is consistent
with eflicient development and preservation of the entire PUD, does not affect in a
substantially adverse manner either the enjoyment of land abutting upon or across the street
from the PUD, or the public interest, and is not granted solely to confer a special benelit upon
any person.
CONDITIONS OF APPROVAL
The foregoing flrndings are specifically entered subject to the adoption of and strict compliance with
the conditions set forth below. Such conditions are a result olconsideration of all evidence, including
extensive public comment:
1.All representations, either within the application or stated at the public hearings before the
Planning Commissionandthe BoardofCounty Commissionersshall beconsidered conditions
of approval unless stated otherwise by the Board of County Commissieasl5.
The Preliminary Plan shall include a mechanism to transfer ownership of the water and sewer
systemto the Riverbend Filing 5 Homeowners Association, with provisions for outside water
user fees that include equitable costs of service such as operation , maintenance, repair and
administpfi6a.
At Preliminary Plan a landscaping plan for the clarification ponds and sewage treatment area
be developed and submitted that minimizes the visual impacts of the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the request of RB Homes Inc. for a PUD Amendment for fuverbend Filing
#5 PUD is hereby granted, subject to strict compliance with the conditions set forth herein.
H.
I.
16.
t7.
2.
3.
Dated thk /l& aav or STTbmJe,x , A.D. re4{.
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P-746 09/12/95 10:19A PG 5 OFB482954
vote:
B-952
GARFIELD COUNTY
COMMISSIONERS,
COUNTY, COLORADO
BOARD OF
GARFIELD
Chairman
"t;, i
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Marian I. Smit.h
Arnold L. Macktrey
Aye
Aye
AyeElmer (Buckey) Arbaney
STATE OF COLORADO
County of Garfield
County Clerk and ex-officio Clerk of the Board of County
Qqmmissioners, in and for the County and State aforesaid, do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
INWfINESS WHEREOF, I have hereunto set my hand and affxed the seal of said County,
at Glenwood Springs, this day of , A.D. 19
County Clerk and ex-offrcio Clerk of the Board of County Qemmissioners
)
)ss
)
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482954 8-952 P-74T Og/LZ/gS 10:19A pG 6 oF B
LEG/11- 0t:SCR/Pt lON
A porce/ of /ond situored in (he Ntr/4sryt/4 ond (heNyt/4sqt/t or Section J4, Ion,nship S Sou(h,- iong, 9O Hrestof tlre sixth Principot Merrdion in the county of Gorfie/d, sto(eof Colorodo. Soid porce/ lying nor(hwesteriy if i,"norlh:vester/y rigrrt ol woy -tini for counry hoia uo. JJS osconstrucled ond in trtloce ond eosterly o7 o fe,ce osconstructed oncl rn ploce. Soid porcel being iiruporticu/orlS, descrrbecJ os follows..
Comn]encing of o poin( on (he northtveslerly riqh( of vcty ofQ"rlty Roctcl No. J-75 frorn whiclt (he sout/teos( corner of soidS-ec(ion .J4, o rock fourrcl irt trt/oce beors tttence i, 62.02'56" E. JJs7.,Bg fee( rJis(ctnr; utenci trui,ij Joicl rigtrt o/tvoy N. 24'09'J.9" ty. 744.4 r feer olonq soid finie; (hence/goving soicl r'ence N. Z4'Og,Jg" W. ti-l.ZS feet ti o pointin lhe Colorodo River,. ltrence N. 72.5J,OO,, i.- +ab J4 fee(4gfq soid rlver; lhence leoving soid river S. lO:i t;Zg,'-i.'7J0.2J feel lo o point on soirl riqh( of noy;-lTrirce5.5J'tO'O0" W. 655.9t feet to ttie piint ii Ou,gi"ninT.Soid porcel con(oins I0.6 / ocres, n)ore or less.
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P-749 09/12/95 10:19A PG B OF B
SINGLEfAMILY ZONE DISTRICT
Uses bv dqlu: $ingle-family dwelting and custornary accessory uses, accessory to use of thefot for single-farrrily residential purposes and ferrces, heclges, gr"run.,-*;tis anrl similarlandscape features; park-
-Uses,.S@tal: studio for conclur:[ of arts ancl craft-q arrcl home occupation_
llinimurn lot a.-rca: Fourteen thousanrj (14,OOO) square feet-
.l\.iaxinlgrn [ot coverarre: Thirty percent (3O%).
Minlmurr,r S,etback:
1) Front yard: Locat streers- Fifry (SO) feef tronr street centerline or twenty-flve (2b)feet frorn front lor line, whichever is greater;
2) Fear yard: Twenry-five (25) feet fronr rear lot line;
3) SicIe yard: ren (iO) feerfrorn side lot line or one-half (%) the lreigtrt of the principalbuildirrg. whiclrever is greater.
Mgrunq.lrt tleiqht of buitdi : Twerrty-five (28) feet.
Maximurn floor area ratio: 0,15/1-O
OFEN SPACE/PARKLAND
used be riqht: Playgrounds, lrails, park, playing fields. Iandscaping, water ancl sewagetreatrnent facilities and lines.
Minimr-rm setback:
1) Frorrt yard: Local strears- rifry tfOt feet from street cerrterline or twenty-five (25)feet from front lot line, whiclrever is greater;
Zl Rear yard: Twerrty-five (28) feet from rear lot line;
3) Side yard: Ten (10) feet from side lot line or one_lralf (%) ttte height of the principalbuilding, whichever is greater.
@: Twenry-{ive (28) feet.
TWO-FAM! LY zo NE T4ETBICT
Uses bv riohtr Two-family dwelling and custornary accessory usos, eccessory to use of ilrelot for two-family residential purposeu anrJ fences. lredges, gardens. walls ancl sirnilarlandscapa features; park.
usgs,lpee.ial: Studio for concjuct of arts and crafts and horTre occupation.
l4i:llgtLlqtaeF_: Fourteerr tjrousa nd ( 1 4,000 ) square f ee r.
-lvlqxirnurrr lot coverage.: Fifty t)ercent (bO%).
lvlirrimum Setback:
1) Frr:rnt yard- Lur,-al streets. Frlty (50) feet {rom su.eet centerline or twenty_five (25)feet from front lot lirre, vyhichever is greatBr;
2l Rear yard: Twenty-five (25) feet from rear tot [ine;
3) Side yard: Ten (1O) feet frorr side lot line or orre_half ()i) 1|-re 5eigtrt of ttre principalbLritding, whichever- is greater_
MaXimum height of bui : Twenty-five (2S) feet.
MaN.ln_urn floprereararis: o.25 I 1 -o
Appendix X – Riverbend Planned Unit Area Declarations and Covenants:
Appendix X.1 • Protective Covenants Riverbend Filing No. 1 (Reception No. 281327)
Appendix X.2 • Declaration of Protective Covenants Cedar Ridge
Appendix X.3 • Declaration of Protective Covenants Riverbend Filing No. 5
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4
DECII\RATION OF
PROTIECTIVE COVENANTS
FOR
CEDAR RIDGE STIBDIVISION
GARFIELD COUNTY, COIORADO
:
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PURPOSE OF COVENANTS: It is the intention of the fee
ohrner of the Cedar Ridge Subdivision (hereinafter ltsubdivisiontr),
expressed by execution of this Declaration, that the lands within
the Subdivision be developed and maintained as a highly desirable
rural residential area. It is the purpose of these covenants thatthe present natural beauty, natural growth and native setting and
surroundings of the Subdivision always be protected insofar as ispossible in connection with the uses and structures permitted by
this Declaration.
NOW, THEREFORE, ithe undersigned fee ohrner of the Cedar
Ridge Subdivision hereby declares that aII of the lots within the
Subdivision shall be he1d, sold and conveyed subject to the
following:
WAITR. AT{D SEWER.
WATER SERVICE: Domestic water shall be provided to eachdwelling from the Water & Sewer Company at Riverbend, Inc. A 3/4service will be provided at the county right-of-way and wiII be theIot owners' responsibility beyond that point. Monthly water feeswill begin upon initial occupancy of the residence. These taps arefor one single family dwelling and any other use other than singlefanily shall be prohibited.
SEWER SYSTEM: Sanitary sehrage disposal shatl be provided
to Lot 3 of the Subdivision by The Water & Sewer Company at
Riverbend, Inc. The sewer tap shall be the responsibility of thelot owner at the sewer main. Monthly sewer fees sha1l begin uponinitial occupancy of the residence. This sewer tap is for onesingle fanily dwelling and any other use other than single familyshall be prohibited.
Lot l- of the Subdivision, an existing single family
residence, has its own individual and fully operable septic tank
and leach field for disposal of sewage water. The owners shall be
responsible for operation and/or maintenance of septic system.
Lot 2 of the Subdivision, with an existing structure/
proposed single family residence shall install an engineered septicsystem pursuant to the percolation test results prepared by
CTL/THOII{PSON, INC., a consulting engineering firm, Glenwood
Springs, Colorado, or its successors. The owner of Lot 2 shall beresponsible for installation, operation and/or maintenance ofseptic system.
PROPERTT USE RESTRICTIONS
SPECIFIC REQUIREI{ENTS FOR BUILDINGS :
1. All building construction naterials sha1l be netr,except for the linited use of antique treatments, fixtures andaccessories. No building structure originally constructed in wholeor in part at another location (including nobile homes) shall be
moved onto any Lot. No trailers for construction or temporaryhousing shall be permitted during construction or at any othertime.
2. Each fanily dwelling, except those that may alreadyexist, sha1l have a ground footprint of not less than L,?OO squarefeet of finished living area, exclusive of open porches, garages,balconies and decks.
3. No new building or any part thereof shall be erectedon any lot closer to the respective lot lines than as follows:
Twenty-five (25) feet from front lot line*;Twenty-five (25) feet from rear lot line*; andTen (10) feet or one-half the height of theprincipal building, whichever is greater, fromside lot line*.
Eaves, steps and open porches shall not be considered part of thebuilding in computing setbacks.
,tExcept those that may already exist.
4. AII building foundations shal1 be designed byengineers licensed to practice in the State of Colorado.
5. AII new utilities shall be placed underground.
5. No open hearth wood-burning devises will be allowedwithin the Subdivision. Each dwelling unit will be allowed one (1)
EPA Phase ff stove, and an unlimited number of natural gas/propane
devices.
7. No elevated tanks shall be permitted on any lot forstorage of gas, fuel, water, oil or other substances. Any storagetank shall be buried below ground level, except for those that mayalready exist.
8. All cut slopes created during construction shall berepranted with native grasses using certified weed-free seed.
a
b
c
2
9. Except to the extent necessary for constructionpurposes, Iiving trees, the trunks of which are two (21 or more
inches in dianeter and which naturally exist upon a lot, shall not
be cut down or removed.
10. The area of irrigated lawn for each lot shall not
exceed 3,500 square feet. The balance of the lot shall be seeded
in native grasses not reguiring irrigation. Vegetable and flower
gardens not exceeding 500 square feet may be irrigated.
Ll,. No lot may be subdivided.
L2. OnIy one (1) dog will be allowed for each dwellingunit. Kennels shall be required for confining dogs of those orrners
who wish to have a dog, except for those dogs that may alreadyexist. AI1 animals and pets shall be kept under the control of an
owner at all times and shall not be permitted to run free on other
lots. No dog sha1l be allowed to bark excessively. Should any dog
chase or molest deer, elk, poultry or any domestic animals or
personsr or destroy or disturb property of another, the ohrner ofthe offending dog shall be prohibited from continuing to keep theoffending dog on such owner's lot. If necessary, to protect
witdlife or other owners' domestic animals, persons or property,additional steps, including the destruction of the offending dog,
may be taken.
13. No cattle, sheep, goats, pigs or other livestockshall be kept or maintained on any }ot. Poultry and game birdsshall be allowed on Lots L, 2 and 3r so long as such poultry/game
birds are not kept for commercial purposes and do not makeobjectionable noises or otherwise constitute a nuisance or
inconvenience to any residents of the Subdivision. Lot 2 shall bepermitted to have two (2) horses. A mare with a colt at her sideshall be considered one (1) horse. No stud horses shall be kept.No commercial animal breeding activities of any kind shall bepermitted within the Sr.lbdivision.
L4. No chain link fencing shall be allowed except forthe sole purpose of constructing dog kennels.
L5. The owners of Lot 1 and Lot 2 wiII share egually in
any cost of repairs or maintenance of the thirty (30) foot easementof the access road to such lots for the purpose of ingress and
egress.
L6. The guidelines of the Colorado State Forester fornildfire preventionr ds set forth in the most current edition ofItWildfire Protection in the Wildland Urban Interfacer rr or its
successor, as issued by the Colorado State Forest Service, shall be
observed in the construction of all structures.
3
a
ENtrIORCEMEI\T, AI}TENDMENT AND REhIEWAL
These covenants and restrictions are to run with the landand shall be binding upon all parties and all persons claiming
under them until January L, 2OL7. At that tine, said covenants andrestrictions shall automatically extend for successive ten (10)
year periods unless othenuise changed by vote of the then najorityof tract owners.
These covenants and restrictions may be enforced by anyIot owner. The right of enforcement shall include the right tobring an action for damagesr ES well as an action to enjoin anyviolation of this Declaration. In any such action, the prevailingparty shall be entitled to recover its costs and reasonableattorneys fees incurred.
r')Executed this day of L996.t
.-1 \
,y'--' . i) / 1 -v= ((i (ti,{/.Lt. ({r')l('i)
Becky D.wafner
STATE OF COLOR.,ADO
COUNTY OF
this
))ss
)
Witness my hand and official seal.
My connission expires:/t15-?7
TheBft-foregoingT instnynent uas acknowledged before me on
day of r{'Or,a.tzu(,f,[ , L99G, by Becky D. Warner.
4
DECLARATION OF PROTECTTVE COVENAIYTS
FOR
RTVERBEND P.U.D. FILING NO.5
A Common Interest Planned Community
The RB WATER & SEWER COMPAIYY a Colorado Corporation, as the fee owner of
RIVERBEND P.U.D. FILING NO. 5 (Subdivision), desiring to insure the development and
continuity of the Subdivision as a residential subdivision for itself, its successors, legal
representatives, assigns and grantees, hereby declares to and for the benefit of all persons who may
hereafter purchase and from time to time own lots in the Subdivision that said ownership il1d hslding
of said lots shall be subject to the following protective covenants and conditions, all of which shall
be deemed to be appurtenant to and run with the land and inure to the benefit of and be binding upon
the owners of said lots, their heirs, successors and assigns.
ARTICLE I.
PIIRJOSE OF COVENAI\TS
It is the intention of the fee owner of the Subdivision, (hereinafter sometimes Declarant)
expressed by the execution of this instnrment, that the lands within the Subdivision be developed
and maintained as a highly desirable rural residential area. It is the purpose of these covenants that
the present natural beauty, natural growth and native setting and suroundings of the Subdivision
always be protected insofar as is possible in connection with the uses and stnrctures permitted by this
instrument.
ARTICLE II.
DEFIMTIONS
A. SUBD[VISION. Whenever the term "Subdivision" is used in these covenants, it
shall mean all the lands included in the Riverbend P.U.D. Filing No. 5, and as described on the plat
filed for record with the Office of the Clerk and Recorder,Garfield County, Colorador as Reception
No. _, Book -_--_, Page _.. The Subdivision is a common interest planned community located
entirely in Garfield County, Colorado. The SuMivision shall popularly be known as " Riverbend
Filing No. 5 SuMivision" and the homeowner's association shall be known by that rulme.
B. RESIDENCE. The term "Residence", "tlnit" and "Dwelling" as used herein shall
mean the sixteen (16) single family structures as depicted on the plat of the Subdivision above
referenced.
C. RESIDENTIAL PLIRPOSE. The term "Residential Purpose" as used herein shall
be constmed and held to include the use of a residence as a home and principal dwelling place by
the owner thereof. Rental of said unit shall be permissible only if rented to a single family.
D. FAMILY. The term "single family" shall mean a household composed of a husband
and wife, children and other relatives, or any combination of a man or wife and children or other
relatives, having natural or moral duties to one another.
E. ASSOCIATION. The term "Association" shall mean the Riverbend Filing No. 5
Homeowner's Assotihion. The Association shatl be a not-for-profit Colorado corporation formed
for the pulpose of operating the homeowner's association with the SuMivision.
F. BOARD. The term "Board" shall mean the Board of Directors.of the Association.
All other terms as used herein shall be defined consistent with the meanings contained at
C.R.S. 38-33.3-103 or as otherwise defined under the Colorado Common Interest Ownership Act,
C.R.S. 38-33.3-101, et seq.
G. Architectural Control Committee. The terrt "Architectural Control Committee"
shall mean the administrative body responsible for the enforcement and administration of the
provisions goveming architectural control set forth in Paragraph V herein. The Architectural Contol
Committee shall be composed of the Board and two (2) lot owners elected or otherwise designated
by the owners of lots within Riverbend Filing No. I Subdivision, Riverbend Filing No. 2
Subdivision, and Riverbend Ranchettes
ARTICLE III.
MEMBERSHIP IN RTVERBEND P.U.D. FILING NO. 5
HOMEOWI{ERS ASSOCIATION, INC.
All persons or associations (other than the Association) who own or acquire the title in fee
to any of the lands in the SuMivision shall automatically become members of the Association. The
owner'or owners of each lot shall be entitled to one (1) vote for each lot owned and shall be liable
to pay assessments on the basis of one sixteenth (l/16) of all assessments for each lot owned In the
event title to any lot is obtained by eminent domain procedwes by a public utility and used for utility
pulposes, the fractional interest of each owner shall be modified to reflect the number of lots
remaining afrer such taking. For example, if one lot is so takerU the fractional interest of each owner
shall be l/lsth. In the event additional lots are added to the Subdivision pursuant to Article )ilI A.
2. hereirU the converse shall apply -- the fractional interest of each owner shall be modified to reflect
the number of lot(s) added by Declarant. For example, if one lot is so taken, the fractional interest
of each owner shall be Lll7th.
ARTICLE IV.
Riverbend PUD Filing 5
Protective Covenants
Page 2
MEMBERSHIP IN TTIE RIYERBEND WATER AI\[D SEWER COMPAI\IY
All persons or associations (other than the Association) who own or acquire the title in fee
to any of the lands in the Subdivision shall automatically become members of the Riverbend Water
and Sewer Company, a Colorado non-profit corporation, shall be issued certificates to reflect the
same and shall be required to execute a written service contact with the corporation for domestic
water and sewage treatment. The owner or owners of each lot shall be entitled to one (1) vote for
each lot owned. For purposes of this paragraph, the owner of each unit within the heretofore
denominated multi-family units shall be deemed to be a lot owner.
Pursuant to the procedures set forth in its Articles of Incorporation and the Subdivision
Improvements Agreement executed by the Declarant and Garfield County, the Riverbend Water and
Sewer Company shall issue additional memberships to all residents of Riverbend Subdivision Filings
Nos. I and 2 and Riverbend Ranchettes who execute service contacts with the Riverbend Water and
Sewer Company for the purpose of receiving water and sanitary sewage disposal services from the
Company.
ARTICLE V.
ARCIIITECTURAL COI{TROL
A. PLAI\I SLIBLITTALS. Before anyone shall conrmence the construction,
remodeling, addition to, or alteration of any building, swimming pool, wall, fence or other structure
whatsoever, on any lot, there shall be submitted to the Architectural Control Committee two (2)
complete sets of the plans and specifications for said work, and no such structure or improvement
of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final
plans, elevations and specifications therefor have received such written approval as herein provided.
The plans and specifications shatl be submitted to the Architectural Contol Committee and approval
received from the Architectural Control Committee prior to application for a building permit from
Garfield County or other public entity having jurisdiction thereof. Such plans shall include plot
plans showing the location on the lot or property of the wall, fence or other such structtue proposed
to be construcbd, placed, altered or maintained, and elevation of same, together with the proposed
color schemes for roofs and exteriors thereof, indicating materials for the same. The Architectural
Control Committee shall have the right to refuse to approve any such plans or specifications which
are not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon
such plans and specifications, it shall have the right to take into consideration the suitability of the
proposed building, structure or other improvement and the materials of which it is to be built, the
site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the
Riverbend PUD Filing 5
Protective Covenants
Page i
effect of the building or other structure as planned on the view-plane from the adjacent or
neighboring property. All plan submittals shall meet the following criteria:
L Each single family dwelling shall have a ground footprint of no less than 850
square feet of fmished living are4 exclusive of open porches, gzuages, balconies and decks.
2. Each multi-family dwelling shall have a combined ground footprint of no less
than 850 sq. feet of finished living area exclusive of open porches, guages, balconies and
decks.
3. No building shall exceed 27 feet in vertical height measured from the finished
elevation of the intersection of the center of the front steet with a line drawn from the center
of the lot perpendicular to the front line of the lot, such total height to include the roof.
4. No building or any part thereof shall be erected on any lot closer to the
respective lot lines and as follows:
a. Single-family units.
(l) Front lot line 25 feet.
(2) Rear lot line 25 feet
bu,din*, *rri"8"r,.I::,::t
line l0 feet or one-half the height of the principal
b. Multi-family
(1) Front lot line 25 feet
(2) Rear lot line 25 feet
(3) Side lot line l0 feet or one-third the height of the principal
building, whichever is greater
Eves, steps and open porches shall not be considered part of the building in computing set-
backs.
5. Siding materials shall be stucco, brick, rock, wood, masonite siding and such
other materials as may be approved by the Architectural Contol Committee. Roofing
materials shall be fiberglass shingles, colored clay, colored metal or clay or concrete tile, the
colors of said materials to be approved by the Architecttual Contol Committee.
Riverbend PUD Filing 5
Protective Covenants
Page 4
6. . All building foundations shall be designed by engineers licensed to practice
in the State of Colorado.
7 . Except to the extent necessary for construction purposes, living trees the trunk
of which is two inches (2") or more in diameter and which naturally exist upon a lot shall not
be cut, trimmed or removed from such lot except z$ may be approved by the Architectural
Control Committee.
8. The area of inigated lawn for each lot shall not exceed 3,500 square feet. The
balance of the lot shall be seeded in native grzuises not requiring irrigation (e.9. crested
wheat), indigenous trees, bushes and shrubs may also be planted. Vegetable and flower
gardens not exceeding 500 squue feet in area may be irrigated
9. Neither external television nor radio antennas shall be allowed except such
antennas as may be approved in writing by the Architectural Contol Committee.
10. No elevated tanks of any kind shall be permitted on any lot for storage of gas,
fuel, water, oil or other substances. Any storage tank shall be buried below ground level.
I 1. Each dwelling shall provide oflstreet parking for at least two standard sized
automobiles.
B. VARIANCES. The Architectural Contol Committee may grant variances from the
strict application of these protective covenants, subject to the following conditions:
l. A detailed written application for variance shall be submitted to the
Architecnral Contol Committee supported by plat or drawings and with the processing fee
of $25.00 plus any costs or fees the Committee may incur in having the request evaluated or
reviewed.
2. Proof acceptable to the Architectural Control Committee of at least ten (10)
days advance written notice to all Subdivision property owners within two hundred (200)
feet from the exterior boundaries of the site.
3. The variance granted shall conform to all building, zoning and./or other
ordinances ofthe County of Garfield where an appropriate variance shall have been approved
by the County of Garfield
Riverbend PUD Filing 5
Protective Covenonts
Page 5
4. An affirmative finding by the Architectual Control Committee that the
variance will not create substantial adverse effects on other Subdivision lot owners and is in
conformity with the quality and objective standards of the Subdivision.
C. ARCHITECTURAL CONTROL COMIVIITTEE NOT LIABLE. The
Architectural Control Committee shall not be responsible to any person or entity in any manner
whatsoever for any defect in any plans or specifications submitted or as revised by the Architectural
Control Committee, nor for any work done pursuant to the requested changes of said plans and
specifications.
ARTICLE VI
ASSESSMENTS
D. ASSESSMENTS. Each lot owner shall be obligated to pay any assessments duly
imposed by the Association in the percentage set forth in Article III above. To the extent the
Association is responsible therefor, assessments may be duly levied for purposes necessary to
promote the health, safety and welfare of the lot owners and residents of the Subdivision, including,
but not limited to, payment of the expenses for maintaining, improving and snowplowing all roads;
maintenance of open space, including revegetation thereof; taxes, utility charges and insurance
premiums applicable to the open space and common facilities; and all other costs of the operation
of the Association and the performance of its various functions as set forth herein or required by law.
Each owner of any lot, by acceptance of a deed therefor, whether or not it is so expressed in the deed
shall be deemed to covenant and agree with each other and with the Association to pay to the
Association annual assessments for the purposes set forth herein and any special assessments for
capital improvements or other matters provided for herein.
E. AIINUAL ASSESSMENTS. The total annual assessments against all lots shall be
based upon advance estimates of cash requirements for the Association to provide for the payment
of all estimated expenses arising from, or connected with, the functions of the Association as set
forttr herein and any other expenses or liabilities which may be regularly incurred by the Association
for the benefit of the lot owners.
F. SPECIAL ASSESSMENTS. In addition to the annual assessments authorized by
this Article, the Association may levy a special assessment, payable over such a period as the
Association may determine, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacemen! or for any other expense, including
a capital expense, incurred or to be incurred as provided in these Protective Covenants or the Articles
Riverbend PUD Filing 5
Protective Covenants
Page 6
or Bylaws of the Association. Any such special assessment shall be paid in the same prorated
manner as annual assessments.
G. ADOPTION OF BUDGET. Within thirty (30) days after the adoption of the annual
budget, the Board of the Association shall mail a summary of the budget to all lot owners and shall
set a date for a meeting of the lot owners to consider ratification of the budget not less than fourteen
(14), nor more than sixty (60), days after mailing of the sunmary. Unless at the meeting seventy-
five percent (75%) of all lot owners reject the budget, the budget shall be ratified. In the event the
proposed budget is rejected, the budget last ratified by the lot owners shall be continued trntil a
subsequent budget is proposed and ratified
H. NOTICE OF ASSESSMENTS. The Association shall give written notice to each
lot owner, sent to that owner's address as it appears on the records of the Association, as to the
amount of any annual assessment with respect to his lot on or before twenty (20) days prior to the
date upon which that assessment shall be due and payable. Failure of the Association to give timely
notice of any assessment as provided herein shall not affect the liability of the lot owner for such
assessment, but the date when payment shall become due in such case shall be defened to a date
twenty (20) days after such notice shall have been given. Except as otherwise determined by the
Board, notice of special assessments shall be in accordance with the procedures set forth herein for
annual assessments or in accordance with such other procedures as may be determined by the Board
of Directors. Atl assessments shall bear interest at the rate of t'welve percent (12%) per annum from
due date until paid.
I. ENFORCEMENT Of' ASSESSMENTS. Any delinquent assessment may be
enforced or collected in any one or combination of manners set forth in these Protective Covenants.
The pursuit of any course of action as a means of collecting or enforcing an assessment shall not be
deemed to waive the right of the Association to pursue any other method, either at the same time or
subsequently. No owner may exempt himself from liability for his contribution toward any
assessment by waiver of the use or enjoyment of any benefit of lot ownership of Association
membership or by abandonment of his lot. The Associatiorl and it alone, shall be charged with the
responsibility of collecting and enforcing any delinquent assessment and, regardless of the means
it employs to do so, the lot owner or other person charged with responsibility for any assessment
shall pay the attorney's fees and costs incurred by the Association in collecting and enforcing the
assessment.
J. PERSONAL OBLIGATION OF LOT OWIIER AI\[D PURCHASER. All surns
assessed by the Associatiorl together with interest, attorney's fees and costs, shall constitute a lien
on the lot assessed, which lien shall be superior and prior to all other liens and encumbrances,
excepting only:
Riverbend PUD Filing 5
Protective Covenants
Page 7
l. liens and encumbrances recorded before the recordation of this Declaration;
2. a security interest on the lot which has priority over all other security interests
on the lot and which was recorded before the date on which the assessment sought to be
enforced became delinquent; provided, however, the lien created by this paragraph shall be
prior to such security interest to the extent of the assessments based on the budget of the
Association which would have become due, in the absence of any acceleration, dtuing the
six (6) months immediately preceding institution by either the Association or any party
holding a lien senior to any part of the lien of the Association created under this paragraph
of an action or a non-judicial foreclosure either to enforce or to extinguish the lien;
3. liens for real estate taxes and other governmental assessments or charges
against the lot;
Recording of this Declaration shall constitute record notice and perfection of the lien of the
Association. No further recordation of any claim of lien for assessments shall be required. A lien
created under this paragraph, however, shall be extinguished unless proceedings to enforce the lien
are instituted within six (6) years after the full amount of the assessments become due. Such lien
may be enforced by foreclosure of the defaulting owner's lot by the Association in the same manner
in which mortgages on real property may be foreclosed in Colorado. The lot owners shall be
required to pay the Association any assessments against the lot which become due during the period
'of foreclosure and these assessments shall be automatically included in the amount of the lien. The
Association shall have the power to bid on the lot at the foreclosure sale and to acquire and hold"
convey, lease, encunber, use or otherwise deal with the lot.
K. STATEMENT OF uI{PAID ASSESSMENTS. The Association shall turnish to a
lot owner or such lot owner's 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
to the Association's registered agent, a written statement setting forth the amount of unpaid
assessments currently levied against such owner's unit. The statement shall be fumished within
fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board
of Directors and every lot owner. If no statement is fumished to ttre lot owner or holder of a secr:rity
interest or their designee, delivered personally or by certified mail, first class, postage prepaid, retum
receipt requested, to the enquiring party, then the Association shall have no right to assert a lien upon
the lot for unpaid assessments which were due as of the date of the request.
Riverbend PUD Filing 5
Protective Covenants
Page I
ARTICLE VII
GEI\TERAL RESTRICTIONS ON USE
L. ZONING REGLTLATIONS. No lands within the SuMivision shall ever be occupied
or used by or for any structure or purpose or in any manner which is contrary to the applicable
zoning regulations of Garfield County, Colorado.
M. BUSINESS, COMMERCIAL OR TRADE USES. No lands in the Subdivision
shall ever be occupied or used for any commercial, business or trade purpose and nothing shall be
done on any of said lands which is a nuisance or might become a nuisance to the owner or owners
of said lands, with the exception, however, that the use of a portion of the lands for sale of lots by
the Declarant shall be permitted. Use of a residence for a business purpose shall be authorized
provided such use is non-observable from other lots, does not generate any vehicular traffic or noise
and does not alter the premises in any fashion.
N. AIYIMALS AND AGRICLJLTLIRE. Residents may keep a dog, cat or other animal
which is a bona fide household pet on lands within the Subdivision, so long as such pet is not kept
for commercial purposes and does not make objectional noises or otherwise constitute a nuisance
or inconvenience to any of the residents of the Subdivision. No cattle, sheep, goats, pigs, poultry
or other livestock shali be kept or maintained on any lot. No lands shall be used for agricultural
purposes except for normal residential gardening of flowers, fruits and vegetables. Except as
expiessly limited herein, domestic animals shall be permitted subject to any rules and regulations
which may be promulgated by the Board. No farm or ranch animals shall be permitted to be boarded
within the Subdivision. A lot owner shall be entitled to keep a murimum of one (l) mature dog on
his property. A mature dog shall be considered to be any dog older than fotu (4) months. The owner
shall at all times exercise control over his or her pet and the same shall not be permitted to run free
or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the
lot owned by the persons where the dog is housed unless accompanied by a person in full contol of
such dog. Dogs shall be leashed, chained, fenced, "electric fenc€d," kenneled or housed at all times.
Metal fencing will be allowed for the purposes of kenneling dogs. Location of kennels shall be
subject to review ofthe Board. The Board shall have the right to assess and enforce penalties against
owners violating these restrictions applying to dogs as follows:
l. One Hundred Dollars ($100.00) for the first violation committed by an
owner's dog;
2. One Hgndred Dollars ($100.00), plus an additional Fifty Dollars ($50.00) for
each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments
for each succeeding violation.
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Should any dog be caught chasing or molesting deer, elk, poultry or any domestic animals, the Board
shall be authorized to prohibit the lot owner from continuing to maintain the offending animal on
his property and may dispose of that animal, if necessary, to protect wildlife or other lot owners'
domestic animals. Areas where a lot owner keeps any animals shall be kept clean and free of refuse,
insects and waste at all times. No commercial animal breeding activities of any kinds shall be
permitted within the Subdivision. Nonuithstanding the foregoing, no animal(s) may be kept within
a lot or the residence which, in the good faith judgment of the Board, results in any annoyance or
is obnoxious to residents in the vicinity or to lot owners within the Subdivision. Except as expressly
limited hereur, domestic animals shall be permitted subject to any rules and regulations which may
be promulgated by the Board.
O. SIGNS. No advertising or signs of any character shall be erected, placed, permitted
or maintained on any lot or stnrcture within the Subdivision other than one (l) "For Sale" or "For
Rent" sign not to exceed three (3) feet by six (6) feet in size approved by the Board and a name plate
and street number of the occupant.
P. IINDERGROIIND UTILITY LII\IES. All utility pipes and lines within the limits
of the Subdivision must be buried underground and may not be carried on overhead poles nor above
the surface of the ground. All such services must be buried underground from the point where said
utilities take offfrom transformers and terminal points supplied by the developer. Existing overhead
power lines now in place are excepted.
a. CONSTRUCTION OF DWELLING HOUSE. All construction and alteration
work shall be prosecuted diligently, and each building, structure or improvement which is
commenced on any residential lot shall be completed within twelve (12) months from the
corlmencement of construction. No persons may live in or use as a dwelling place a partially
constructed building. In the event of a breach of this covenant, the Declarant and/or the Association
shall have the right to complete construction of any uncompleted building, structure and
improvement at the cost and expense of the Owner, which cost and expense shall become a lien
against the property the same as a lien for assessments and which may be enforced as a lien for
assessments.
R. TEMPORARY STRUCTURES. No temporary house, trailer, tent, garage or
outbuilding shall be placed or erected upon any part of any lot in the Subdivision; provided,
however, that during the actual construction of any improvement on any lot, a necessary temporary
building for the storage of materials may be erected and maintained by the person doing the
constrUction.
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S. TOWERS AI\[D AIYTENNAS. No towers or radio and television antennas shall be
erected or permitted to remain on any residential lot within the SuHivision except that normal radio
and television antennas attached to a dwelling house may project up to six (6) feet above the highest
point of the roof of the structure. Satellite dishes shall be permitted as approved by the Board.
T. EXTERIOR LIGHTING. All exterior lighting and light standards on residential
lots shall be approved by the Board for harmonious development and the prevention of lighting
nuisance to other residents of the Subdivision.
U. WATER SYSTEM. Domestic water shall be provided to each dwelling pursuant
to written service contract with the Riverbend Water and Sewer Company; the construction,
operation and/or maintenance by the lot owner of wells or other facilities designed to provide
domestic water is prohibited.
V. SEWER SYSTEM. Sanitary sewage disposal shall be provided to each dwelling
pursuantto written service contactwiththe Riverbend Water and Sewer Company; the construction,
tperation and/or maintenance of individual septic tanks, leach fields or other facilities designed or
used to dispose of sewage waste is prohibited
W. WALLS ^AliD FENCES. Walls and fences shall be limited to six (6) feet in height
measured from the adjoining ground surface inside the wall or fence. No chain link fences shall be
permitted, except for kennels.
x. CLEANLINESS AI\[D UNSIGHTLY GROWTH. EaCh IOt ShAII At AII tiMCS bC
kept in a clean, sightly and wholesome condition. No ffash, litter, junk, boxes, containers, bottles,
cans, implements, machinery, lumber or other building materials shall be permitted to remain
exposed on *y lot so as to be visible to any neighboring lot or road. Each lot shall be limited to a
maximum of irrigated lawn area as shall be specified in an agreement to be entered into between the
developer, RB Water and Sewer Company and GarFreld County, Colorado.
y. FIREPLACES AI\ID STOYES. No openhearth, solid fuel devices will be allowed
anywhere within the Subdivision. All dwelling units will be allowed an unrestricted number of
natural gas burning fireplaces or appliances. All dwelling units will be allowed one (l) new
woodburning stove as defined Uy C.n.s. 25-7-401, et. seq., and the regulations promulgated
thereunder.
p.... LOW FLOW PLLIMBING FD(TLIRES. Low water flow toilets, showers, faucets
shall be installed and utilized at all times in all dwelling units.
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ARTICLE VIII
ROADWAYS
All roadways within the Subdivision shall be public; provided, however, the Association
shall maintain all such roadways, including snow removal..
ARTICLE IX
WATER
All domestic and irrigation water for the Subdivision shall be provided by The Riverbend
Water and Sewer Company Title to the water rights shall be vested in The Riverbend Water and
Sewer Company Membership in the The Riverbend Water and Sewer Company shall be limited to
those residents of Riverbend PUD Filing 1, 2 and 5.
ARTICLE X
SEWER
All sanitary sewage teatnent for the Subdivision shall be provided by The Riverbend Water
and Sewer Company Title to all facilities incident thereto shall be vested in The Riverbend Water
and Sewer Company Membership in the The Riverbend Water and Sewer Company shall be limited
to those residents of Riverbend PUD Filing 1,2 and 5.
ARTICLE XI
EASEMENTS AIYD OPEN SPACE
.
Easements and rights of way in perpetuity are hereby reserved for the erection, construction,
maintenance and operation of wires, cables, pipes, irrigation ditches (in addition to any irrigation
ditches which now exist in place), conduits and apparatus of the transmission of electrical current,
telephone, television and radio lines and for the furnishing of water and gas in the street or for the
furnishing of other utility purposes, together with the right of entry for the purpose of installing,
maintaining and improving said utilities along, across, upon and through those portions of the
subdivision identified and set forth in the plat of the Subdivision above referenced. All easements
of record and areas designated "Green Belt Area" or "Common Area" on plats of the SuMivision,
as finally recorded, are hereby reserved for the common use of the owners of los within the
Subdivision for recreational purposes or such purposes as may be determined by the Association.
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ARTICLE XII
ENFORCEMENT
A. JUDICIAL RELIEF. Any violation of the provisions, conditions or restrictions
contained herein shall authorize the Declarant, the Association or any lot owner to apply to any court
of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce the
same. No delay on the part of the Declarant or any other person in the exercising of any right, power
or remedy contained herein shall be construed as a waiver thereof or an acquiescence therein.
Various rights and remedies of all persons hereunder shall be cumulative and the Declarant, the
Association or any lot owner may use any or all of said rights without in any way affecting the
ability of the Declarant, the Association of any lot owner to use or rely upon or enforce any other
right. Any lot owner found by a court to have violated these covenants shall be liable to the
prosecuting pafiy for all costs, including attorney fees.
B. DECLARANT'S RIGHT TO REMEDY VIOLATIONS. If the owner of any lot
shall default in the performance of any covenant or condition hereof or shall violate any of the
covenants or rules herein contained, the Declarant or the Association may, after thirty (30) days
notice to said owner, or without notice if in the opinion of the Declarant or Association an
emergency exists, perform such covenant or condition or remedy such violation for the account and
at the expense of the said owner. If the Declarant or Association shall incur any expense, including
reasonable attorneys' fees in instituting, prosecuting (including an action against an owner for
default or violation), or defending any action or proceeding instituted by reason of any default or
violation, said expenses shall be included and added to any judgment made or given to the Declarant
or Association.
ARTICLE XIII
SPECIAL DECLARANT RIGHTS AI\D DEVELOPMENT RIGHTS
All special declarant rights/development rights set forth in this section are applicable between
the Declarant, its successors and assigns, and any subsequent Owner of Lots in Subdivision
(hereinafter in this paragraph "property"). Nothing herein shall discharge the Declarant or others
exercising special declarant/development rights to obtain any required approvals from the
appropriate governmental entities and comply with any and all resolutions, ordinances, statutes and
law relating to the exercise of such development rights. If these special declarant/development rights
are exercised in any portion of the described property, the Declarant is not precluded from exercising
saidt rights in any portion of the remainder of such property at a later date. No statement is made
as to the order in which portions of the property are added or subject to the exercise of special
declarant/development rights. The Declarant hereby reserves the following development rights and
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other special Declarant rights for exercise within twenty-five (25) years of the date of this Declaration:
A. SPECIAL DECLARANT RIGHTS. The following special declarant rights are
reserved by Declarant:
1. to complete all subdivision improvements indicated on the plat filed on record
with the Office of the Clerk and Recorder,Garfield County, Colorado, as Reception No.-,
Book _, Page _, ild the maps, plans and specifications filed with the Garfield County
Department of Building and Planning.
2. to exercise all development rights set forth at Article XIII.B. herein.
3. to maintain a sales offrce and/or management offtce upon any unsold lot within
the subdivision and to place advertising signs therein.
4. to use easements through the common elements for the purpose of making
improvements within the subdivision or within real estate which may be added to the
subdivision.
5. to make the Riverbend PUD Filing 5 Homeowners Association subject to a master
association
6. to appoint or remove any director or officer of the Riverbend PUD Filing 5
Homeowners Association. The powers reserved to Declarant under this subparagraph 6 are
expressly subject to the following:
a- Not later than sixty (60) days after conveyance of rwenty-five(25) percent
of the units that may be created to unit owners other than Declarant, at least one
member and not less than twenty-five(25) percent of the members of the Board must
be elected by unit owners other than Declarant.
b. Not later than sixty(60) days after conveyance of frfty(50) percent of the
units that may be created to unit owners other than Declarant, not less than thirty-
three(33) and one-there percent of the members of the Board must be elected by unit
owners other than Declarant.
c. Regardless ofthe period contol provided Declarant under this declaratioru
said control shall terminate no later than either sixty(60) days after conveyance of
seventy-five(75) percent of the units that may be created to unit owners other than
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Declarant, two years after the last conveyance of a unit by Declarant in the ordinary
course of business or two years after any right to add new units was last exercised.
7. to amend or supplement the Declaration and/or plat in connection with the
exercise of the development or special declarant rights set forth herein
B. DEVELOPMENT RIGHTS The following development rights are reserved by
Declarant:
l. Declarant shall have the right to divide into to separate interests, Lots 5 through
9, depicted on the plat filed for record with the Office of the Clerk and Recorder, Garfield
County, Colorado as Reception No.
-,
Book
-,
Page
-'
2. Declarant shall have the right, subject to the terms and conditions of the contract
between Declarant and Riverbend Water and Sewer Company, filed for record withthe Clerk
and Recorder of Garfield County, Colorado as Reception No.
-,
Book
-,
Page
-
to
connect without tap fee or other charges, twenty-one(21) residential units to the water and
sewage fieatnent systems owned and operated by the Riverbend Water and Sewer Company.
In the event excesscapacity remains in the water system and/or the sewer system after said
twenty-one(21) units have been connected thereto, Declarant shall have the exclusive right
to utilize, without incurring tap fees or other charges, all said remaining excess capacity.
4. Declarant shall have the right to utilize for its own purposes, all water and water
rights not consumed or otherwise utilized by the homeowners within the Subdivision or
Riverbend PUD Homeowners Association stemming from the following sources:
5. Declarant shall have the right to withdraw property from the Subdivision or from
any added property or to convert property presently subdivied for residential use into open
space The property subject to this right of withdrawal shall include all lands within the
Subdivision.
ARTICLE XIV
MAXIMUM NUMBER OF RESIDENTIAL I.INTTS
The marimum number of residential units that may be developed within the subdivision is
twenty one (21).
ARTICLE XV
GEITERAL PROVISIONS
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A. COYENAI\ITS TO RUN WITH LAI\D. All the restrictions and covenants
contained herein shall constitute covenants running with the land as to all of the lands within the
Subdivision. It shall continue to be binding upon the owners of said lands and in all persons
claiming by, through or under said owner for a period of twenty-one (21) years from the date this
document is filed for record with the Clerk and Recorder of Garfield County, Colorado; provided,
however, that the owners of seventy-five percent(75%) of the lots in the Subdivision may release
all of the lots hereby restricted from any one or all of these restrictions by executing and
acknowledging an appropriate instrument in writing for said purpose and filing the same for record
with the Clerk and Recorder of Garfield County, Colorado, in the manner then required for the
recording of land instruments.
B. BEIYEFIT OF ALL. The provisions contained herein are for the benefit of and shall
be binding upon the Declarant and the purchasers and subsequent owners of each of said lots. Each
purchaser of lots included within this Declaration, by acceptance of a deed to same, shall be subject
to each and all of the restrictions, conditions, covenants and agreements contained herein and to the
jurisdiction, right and power of the Declarant. By acceptance hereof by each owner, such owner
shall for himself, his heirs, personal representatives, successors and assigns, covenant and agree and
consent to and with the grantees and subsequent owners of each of said lots, to keep, observe,
comply with and perform said restrictions, covenants, conditions and agreements contained herein.
C. COfINTY PLAT APPROVAL. Approval of the ptat of the Subdivision recorded
as provided in Article II.A above shall in no manner imply that this Declaration of Covenants
complies with federal and state regulations regarding subdivision covenants.
D. NOTICES. All notices given hereunder to lot owners affecting the Subdivision shall
be given by regular United States Mail, postage prepaid, addressed to each owner at the address as
it appears on the records of the Association.
E. VARIANCES. The Declarant hereby reserves the right to grant a reasonable
variance or adjustnent of these conditions and restrictions in order to overcome practical difficulties
and prevent unnecessary hardships arising by reason ofthe application ofthe restrictions contained
herein. Such variances or adjustnents shall be granted only in case the granting thereof shall not be
materially detrimental or injurious to other property or improvements of the neighborhood and shall
not defeat the general intent and purpose of these restrictions.
F. SEYERABILITY. In the event any one or more of the provisions, conditions,
restrictions or covenants contained herein shall be held by any court of competent jurisdiction to be
null and void, all remaining restrictions and covenants herein set forth shall remain in full force and
effect.
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Dated this day of
STATE OF COLORADO )
couNTY oF GARFTELD ]
tt
1995
THE RIYERBEND
WATER & SEWER COMPAIIY,INC.
By:
Diane R. Boat, President
The foregoing instrument was subscribed and sworn to before me this day of
1995, by Steven J. Boat, President of The Water & Sewer
Company at Riverbend, Inc.
Witness my hand and official seal.
Notary Public
Address:
' My commission expires:
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