HomeMy WebLinkAbout1.0 ApplicationSpecial Use Permit Application
for Accessory Dwelling Unit
Lot 21 of Teller Springs Subdivision
Prepared for:
Property Owner:
Larry and Robin Bones
54 Iliwai Loop
Kihei, HI 96753
Potential Property Owner:
Ron York
18091 Riverchase Ct.
Alva, FL 33920
Prepared by:
Gamba & Associates, Inc.
113 9th Street, Suite 214
Glenwood Springs, Colorado 81601
December 13, 2005
Table of Contents
1. Narrative 1
2. Water/Waste Water 1
3. Site Plan 2
4. Vicinity Map 2
5. Property Owners 2
6. Deed and Legal Description 3
7. Agent for Property Owner 3
8. Zoning Response 3
9. Additional Review Standards 4
10. Base Fee 4
11. Submittal 4
APPENDIX A
APPENDIX B -
APPENDIX C
APPENDIX D
APPENDIX E -
APPENDIX F -
APPENDIX G
APPENDIX H
- Special Use Permit Application
Site Maps
- Vicinity Map
- Assessor's Map
Warranty Deed
Agent Letters
- Will Serve Letters
- Declaration of Covenants
1. Narrative
Proposal for Larry and Robin Bones to build an accessory dwelling unit.
Larry and Robin Bones request a special use permit for construction of an
accessory dwelling unit on their 10.99 acre property described as Lot 21, of Teller
Springs Subdivision, Section 12, Township 7 South, Range 89 West of the 6'h P.M.
Ron York is under contract to purchase Lot 21, of Teller Springs Subdivision from
Larry and Robin Bones with the stipulation that a Special Use Permit to construct
an accessory dwelling unit can be obtained. The Special Use Permit would be
conveyed to Mr. York with the purchase of the property with the understanding
that he must meet the requirements of the permit.
A building envelope depicting the general area within the lot to be developed
having a slope less than 40% is shown on the enclosed Site Map. According to
Section 7.17 of the Declaration of Covenants, Conditions, Restrictions And
Easements For Teller Springs Subdivision, as recorded in Book 815 Page 354 of
the Records of the Garfield County Clerk & Recorders office, an accessory dwelling
unit is permitted within the subdivision. Specific building foot prints and
corresponding finished floor elevations will be provided by the property owner
applying for a building permit. The flood plain information used to establish both
the location of the building envelope and the future determination of the finished
floor elevation for this application are based on the Mincer Floodplain Report
prepared by Schmuesser Gordon Meyer, Inc. dated November, 1992. Any
construction within the floodplain will be performed in accordance with Section
6.09 of the Garfield County Zoning Resolution of 1978.
2. Water/Waste Water
Water service to the lot will be provided by the Teller Springs Homeowner
Association from a water service connection located at the south end of the lot.
Wastewater disposal for the lot will be provided by either an I.S.D.S constructed on
the lot, or by pumping the wastewater into an existing 6" force main sewer line
running along the west property boundary of the lot. The existing sewer line serves
Ironbridge subdivision and is maintained by the Roaring Fork Water and
Sanitation District (RFWSD). In order to connect to the existing sewer force main,
the lot owner must receive approval from the RFWSD. If this application is
successful, the owner will begin negotiations and discussions with the district.
Kinder Morgan will provide natural gas, Excel Energy is the electric provider, and
Qwest will provide telephone service.
1
3. Site Plan
Attached is a site plan, drawn to scale, depicting the property boundaries, existing
structures, and all roads within one -mile of the site. Also included is an additional
site plan detailing the flood way and flood fringe within Lot 21.
4. Vicinity Map
A vicinity map based on a U.S.G.S. quadrangle map, at a scale of 1:24,000, is
attached to this submittal package and shows topography. Additionally, the Site
Map included depicts more detailed site-specific topography for Lot 21.
5. Property Owners
A copy of the appropriate portion of a Garfield County Assessor's Map is attached
to this submittal. Adjoining property owners and mineral rights owners are listed
below.
Adjoining Property Owners:
Bair Chase Property Company, LLC
401 Junction Highway
Kerrville, TX 78746
George & Jeri Sherick
150 County Road 126
Glenwood Springs, CO 81601
Terrence C Claasen
570 Detroit Street
Denver, CO 80206
Aspen Glen Golf Company
C/O Melrose Company
P.O. Box 21307
Hilton Head, SC 29925-1307
Robbins, Philip E.
P.O. Box 513
Glenwood Springs, CO 81602-0513
2
Teller Springs Homeowners Association
720 E. Durant Ave.
Aspen, CO 81611-2071
Gleason, Walter M., Estate of
Attn: Cressey Nakagawa
10170 Church Ranch Way 200
Westminster, CO 80021
Ironbridge Property Owners Assoc. Inc.
1007 Westbank Road
Glenwood Springs, CO 81601
Mineral Rights Owners:
William Walter Gentry
P.O. Box K
Meeker, CO 81641
6. Deed and Legal Description
A warranty deed for the property, including a legal description, is attached to this
submittal.
7. Agent for Property Owner
Gamba & Associates, Inc. (G&A) is submitting this special use application package
on behalf of the potential future property owner, Ron York, and the current
property owners, Larry and Robin Bones. Two letters acknowledging this are
attached to this submittal.
8. Zoning Response
(1) Water will be provided by the Teller Springs Homeowners Association from
a water service connection located at the south end of the lot. The lot's
waste water will be treated by either an I.S.D.S or by connecting into an
existing 6" force main sewer line running along the west property boundary
of the lot. The existing sewer line serves Ironbridge subdivision and is
maintained by the Roaring fork Water and Sanitation District. Kinder
Morgan has agreed to provide natural gas to the project. Excel Energy will
3
provide electric and Qwest will provide telephone service. A "will serve"
letter from each utility provider is attached to this submittal.
(2) Street improvements will not be required as the site is accessed from county
road 109 by Lariat Lane. The additional of a driveway from Lariat Lane to
the Accessory dwelling units may be added as part of the building design.
(3) The structure will not exceed the ARRD zoning restriction of a 25' maximum
building height. Said maximum building height is measured from the
existing ground elevation.
9. Additional Review Standards
According to Section 5.03.021 of the Garfield County Zoning Resolution, use of a
structure as an accessory dwelling whether approved by Special Use, use by right
in a new subdivision approval, or on an existing lot must meet the following
standards, as well as all other standards applicable to residential use:
A. The minimum lot size shall be four acres containing a building site with
slopes less than 40% at least two acres in size.
B. The gross floor area for residential use occupancy shall not exceed 1500
sq. ff.
C. Approval from the subdivision homeowners association and /or allowed by
covenant if applicable.
D. Proof of a legally adequate source of water for an additional dwelling unit.
E. Compliance with the County individual sewage disposal system regulations
or proof of a legal ability to connect to an approved central sewage
treatment facility.
F. Only leasehold interests in the dwelling units are allowed.
G. That all construction complies with the appropriate County building code
requirements. (A.95-076)
10. Base Fee
A check in the amount of $400.00 is included with this application submittal. A
signed "Agreement for Payment" is attached to this submittal.
11. Submittal
Two copies of this submittal, including the completed application, are to be
submitted to the Building and Planning Department.
4
APPENDIX A - Special Use Permit Application
5
GARFIELD COUNTY
�,�V�
Building .& Planning Department
108 8th Street, Suite 201t 2005
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470. . �; y
WWW •Barfield-county.com BUILDING «PLANNING
Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant.)
➢ Street Address / General Location of Property: Lariat Lane
Glenwood S•rin_s, CO
➢ Legal Description:
eller S.rin_s Subdivision Lot 21
➢ Existing Use & Size of Property in acres:
➢ Description of Special Use Requested:
dwelling unit
➢ Zone District:
AJR/RD
➢ Name of Property Owner (Applicantl:._
➢ Address: Larry M. & Robin S. Bones
➢ City: xih _ State: HI Zip Code: _912:153_ FAX:
-3f"C.
;and 1
•� .L
Construction of an aceessor
Telephone:
)> Name of Owner's Re•resentative if an Attome Planner etc
Ed Olszews
Gamba & Associates, Inc.
�� 14 Telephone: 44r 7 ,fl
➢ Address: . Ninth Street
State: co Zip Code: s1 /11)2_ FAX:of 4 ii
En
ineerin
&.Surve in
➢ City: •
- t .... • 4
➢ Doc. No.:
➢ Planner:.
STAFF USE ONLY
Date Submitted: TC Date:
Hearing Date:
APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1.✓ Please submit, in narrative form, the nature and character of the Special Use requested.
Submit plans and supporting information (i.e. letters from responsible agencies). Include
specifications for the proposed use including, but not limited to, the hours of operation, the
number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and
the size and location of any existing and/or proposed structures that will be used in conjunction
with the proposed use, and provisions for electric power service and any other proposed utility
improvements. Be specific.
Cp If you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If
you will be utilizing well water, please attach a copy of the appropriate well permit and any
other legal water supply information, including a water allotment contract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed
use.
10 Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the properly, and the County or State roadways within one
(1) mile of your property. If you are proposing a new or expanded access onto a County or
State roadway, submit a driveway or highway access permit.
"
4.Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S.
1:24,000 scale quadrangle map will suffice.
5. ',Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the
subject property and public and private landowners adjacent to your property (which should be
delineated). In addition, submit a list of all property owners, public and private landowners and
their addresses adjacent to or within 200 ft. of the site. This information can be obtained from
the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of
the subject property. (That information can be found in your title policy under Exceptions to
Title).
6. Submit a copy of the deed and a legal description of the subject property.
7. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
8. Submit an statement that specifically responds to each of the following criteria from Section
5.03 of the Zoning Regulations:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use;
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character;
9. Depending on the type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfield County Zoning Resolution Section 5.00
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific
sections of the Zoning Resolution which can be located on the Garfield County web site at
http://www.garfield-countv.com/buildinq and planninq/index.htm, or information can be
obtained from this office
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the
fee with the application.
11. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Special
Use Permit application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process works in
Garfield County.)
1. Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete. In addition, Staff will also send you a "Public
Notice Form(s)" indicating the time and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum
regarding your requested Special Use. (If Staff determines you application to be deficient,
a letter will be sent to you indicating that additional information is needed to deem your
application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the
date, time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office of
lots within two hundred feet (200') of the subject lot and to all owners of mineral
interest in the subject property at least thirty (30) but not more than sixty (60) days
prior to such hearing time by certified return receipt mail, and receipts shall be
presented at the hearing by the applicant.
Nov 17 05 09:52a Larry Bones
Novi NOV culla sa 0der971 ROuuRnr,on OYK aAawCO.RTES
970-993-3525
9709451410
•
c. The site.shail be. posted such that the notice Is clearly and conspicuously visible
from a public right-of-way, with notice signsprovided by the Planning Department.
TheipostIng must take place at least thirty (30) but not more than sixty (50) days
: prier to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that It remains posted until and during the date of the hearing.
p.2
P.6 pie
%4, The Applicant Is.,requlred to appear before the Board of County Commissioners at the time
and'dab of the public hearing at which *nettle Board, will consider the request. In •audition,
the Applicant shall provide proof, at the hearing, that proper notice was provided. •
5, • Omni the .Board makes a decision regarding the Special Use request, Staff will provide the
. Applicant with a signed resolution memorializing the action taken by the Board. Following
,the Board's approval; this office will issue the Spacial Use Permit to the applicant. If the
Boards approval Includes specific conditions of approval to be met, this office will not issue
the Official Special Use. Permit certificate until the applicant has •satisfied all conditions of
approval: The Special use Permit approval la not finalized until this office has Issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
• Commissioners.•
•1 -have read,.;the ements above and have provided the required attached Information
which is co urate to the best of my knowledge. •
of applicant/owner)
•
Last Revised: b7/25/2005
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a
fee structure ("Base Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by
an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application
processing time will vary and that an applicant should pay for the total cost of the review which may require.
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions
combined with an hourly overhead cost for the office will be used to establish the actual cost of County stafftime
devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed
to pay application fees as required, no new or additional applications will be accepted for processing until the
outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield County Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the application.
The Agreement must be signed by the party responsible for payment and submitted with the application in order
for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application to
which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board for the consideration of any application or additional
County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant
to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE
Vacating Public Roads & Rights -of -Way
Sketch Plan
Preliminary Plan
Final Plat
Amended Plat
Exemption from the Definition of Subdivision (SB -35)
Land Use Permits (Special Use/Conditional Use Permits)
• Administrative/no public hearing
• Board Public Hearing only
• Planning Commission and Board review & hearing
Zoning Amendments
• Zone District map amendment
• Zone District text amendment
• Zone District map & text amendment
• PUD Zone District & Text Amendment
• PUD Zone District Text Amendment
Board of Adjustment
• Variance
• Interpretation
Planning Staff Hourly Rate
• Planning Director
• Senior Planner
• Planning Technician
• Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
Page 2
BASE FEE
$400
$325
$675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
$200
$100
$300
$250
$400
$525
$450
$300
$500
$500
$500
$250
$250
$50.50
$40.50
$33.75
$30
Determined by Surveyor$
$11 —1 m page
$10 each additional page
The following guidelines shall be used for the administration of the fee structure set forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid
prior to the final consideration of the application. All additional costs shall be paid prior to the execution of
the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
Mow 17 2005 2:55PM GRMBR 4 ASSOCIATES
9709451410 p,4
GARFIELD COUNTY BUILDING MW PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARPIELD COUNTY (hereinafter COUNTY) Y) and Tarry F Rnl i n Rnn ac
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for SpPri P1 Tlc P Pa,,,,i• r f nr
' =Lot 21 Tel 1er $prangs Suhdiuision (hereinafter, THE PROJECT).,
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and theguide1ines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the fiill extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the"Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. • • APPLICANT agrees to make additional •
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. Tlx Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting
service .dotermined. y by the Board of County Commissioners for the consideration of an application or
additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the
initial, Base Fee, APPLICANT shall pay additional billings to COUNTY to reirnburse the COUNTY for the
procssing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid priorto
the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plea
Date:
//' "mss /�I i.� e�%/)/r�l
PriarName
Mailing Address:
Page 4
APPENDIX B - site Maps
6
APPENDIX C - vicinity Map
7
I t
1 VICINITY MAP
CAIS 1"= 1000'
SHEET: id 1
DATE: NOVEMBER 7, 2005
PROJECT: 05587
DRAWN BY: 0R
CHKD BY: MIO
DRAWING: isoge.hS
)IRECTORY: H:\055875Pee0ol Us FomM
GAMBA
A ASSOCIATES
Ron York
National Land Group, Inc.
GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
970/945-2550 WWW.GAMBAENGINEERING.COM
APPENDIX D - Assessor's Map
8
•
' Ad Wing 2395
—"T --772--\-
c2i 9,0
N
d 3:1a168No81
al 0
el '�
Adjoining 2393
in
APPENDIX E - warranty Deed
9
1111111 1111I I 111111111011111111111 BEI I I I I L I I
957000 12/21/1999 11109P 51189 P926 11 19L500RF
1 of 2 R 10.00 D 28.90 GARFIELD COUNTY CO
?A6
o'clock N. RECORDS
ByDEPUTY.
WARRANTY DEED
TIIIS DEED, Made on this day of December 20 1999
between ROSS D. JEFFERY
of the County of GARFIELD and State of Colorado , of the Grantor(s), and
LARRY M. BONES AND ROBINS. BONES
whose legal. address Is 1090CoVALLEYnofRO EAGLERBONDALE, COnSta23
te of Colorado , of the Grantee(s):
of the
WITNESS, That the Grantor(s), for and in consideration' of the sum of ( S285.000.00 )
DOLLARS
•t' Two Ilundred Eighty Five Thousand and 00/100 •" sold and conveyed, and by these
the receipt and sufficiency of which Is hereby acknowledged, has granted, ba gained, heirs dna assigns forever,,d
presents does grant, bargain, eel 1, convey and confirm unto the Grantee(s),
tr twheir
improvements, if any. situate,
not In tenancy in common but In Joint tenancy, ell the real property, and eSra we of mproveme, s, ifi any as follows:
lying and being in the County of GARFIELD
1.0121
TEI.LER SPRINGS SUBDIVISION
ACCORDING TO THE AMENDED PLAT OP LOTS 5 AND 21,
TELLER SPRINGS SUBDIVISION, RECORDED APRIL i4, 1993
AS RECEPTION N0.446368.
COUNTY OP GARFIELD
STATE OP COLORADO
also known as street nutar TBD LARIAT LANE. GLENWOOD SPRINGS, 0081601 rt of min
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
end the reversion and reversions, 'remainder and remainders, rents, issues end profits thereof; and all the estate, right
title interest, claim end demand whetaoever of the Grantor(s), either In law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; does covenant, grant,.
TO HAVE ANDTO HOLD -the said premises abovevbargained
rgaif dherdhdiscribedpwith al representatives, une the Grantee/el,
berg' heirs end assigns fd with the The onae(S), ), absolute g Indefeasible
estate
bargain, and entse, to with iz drof the pr cheer above and eyed, h, that at the time ec the solute en and efeasiby
of these presents, he Is well sfe of the premises ha a good conveyed, has good, dura, perfect, a
selate of inheritance, inn ir, in fee simple, and has good right, full power and lawful ecteari fy from llafor errand,
sell and convey the sem, In, manner and form es of nts, enCurbrancesat andhreste rictiansfree
of whateverclear
kind ort natureasoever they
grants, bargains,GE sales, liens, taxes, assesFOents,
REXCEPT ESERVATIONS. I IONS. RETRICTIONS, COVENANTS ANI) RIGH THE S OF R WAY AND
RECORD. IF ANY . ANI) 1'II051 IPROVISIONS IDECF TO AA n'1 EN 1 S.
FORT!! 114 EXIIIOTr A
his heirs and assigns, against all and every person or persons lawfully claiming the whole
The Grantor(s) shell and will WARRANT ANO FOREVER DEFEND the above bargained premises in the quiet and peaceable
orpossession of the f.aTheesin and the use ofanygender
or any pert thereof. The singular number shall include the plural, and the plural the singular,
......ITNEce WHEREOF the Grantorls) hes executed this deed oni, date s forth above.
shall be applicable to ail genders.
D. .P ER
STALE OF Colorado )
)a S.
County of 'Fite^• yi )
The foregoing instrument tat acknowledged before me on this day of December 20 1999
by ROSS D.1RPF RY
116 commission expires
Witness my hand and official seal.
JE PNIFER •UACO
Notary Public
gel Desor prion ( 3+-55.106.5, C. .6.)
a -• i : :T LORADO
cthen Recorded Return to: CHARDONNAY A CO
def
Iea GV2327
las23... —•
9079a.. -w ' e, •r'pil,n ;..name rive .int 211 MIDLAND AVE.
BASALT, CO 81621
orm No. 921A Rev L-94_ WARRANTY DEED (Joint Tenants Wo�N�
11111111111111111111111111111111111111111111111111111
520of00 2 R210.00 D928.508A 91165 GRRFIELDP927 M COUNTYRCODORF
EXHIBIT A
RESERVING to Grantor exclusive easements for the purpose of laying, constructing,
operating, inspecting, maintaining, repairing, replacing, substitution, relocating and
removing natural gas, electricity and communication lines and the appurtenant parts
thereof upon, under and across said Lot 21. Said easements have not been legally
surveyed as of the date of this agreement, but generally proceed across Lot 21 from the
northerly boundary line of Lot 21 to the northwesterly comer of an adjacent property now
owned by Grantor and known as the Mincer Parcel. It is acknowledged and agreed that
such easements are reserved exclusively in favor of Grantor. Grantor's successors and
assigns. All utilities shall be installed or relocated below the surface of the Lot 21, except
for necessary surface facilities. Grantees may relocate such lines and easements as
necessary to reasonably accommodate the construction of improvements on Lot 21. Such
relocation shall be at Grantees' sole cost and expense and in a manner which will not
unreasonably disrupt such services to the Mincer Parcel and upon reasonable notice to
Grantor. Upon completion of the relocation, either party may require a survey of the
easement by a professional land surveyor licensed in this state. The cost of such survey
shall be paid by the party requesting same. Upon completion and acceptance of such
survey, the parties agree to amend the easements to incorporate the survey description of
the utility easements and to quit claim any reserved interest of Grantor in the prior
location of any relocated easement.
APPENDIX F - Agent Letters
10
110v 1, ... •_ . ..
NOV 16 '05 06:113Pri RORRING FORK Lp•10 (:0
Nov 16 2005 5L31Pn GRMHR $. Rgy t;LRTES
November 16, 2005
9709451410
r.e p.2
Fred Jarman •
Garfield County Building
and Planning Deportment
108 8* Street Suite 201
CO 81601.
Glenwood Springs,
RE: ,Agent Authorization for Special Use Permit Application
Dept -Fred:
•
This letter provides acknowledgement to the Garfield County m9�Idiinnm�
Planning Department that the engineering and surveying
Associates, Inc. and attorney Ed Olszewski are actingon behalf of tarry
and Robin Bones, property owners of Lot 21, Teller Spring S bdivision
and
Ron York a potential buyer of said Lot 21, forthe•purpg applyng for c
zeski
represent
Use thartiWe r° ask
of County Commissioners sociates, Inc. heari Ed g.
reprpsenf bath P
Mr. York is under contract to purchase•Lot 2L of Teller l uprinne Subddivision
from my wife and 1 underthe stipulation that a Spec
mit to
constructa residence, accessory dwelling unit and a born within the
flocs plain of the Roaring Fork River con be obtained. The Special Use
Permit would be Conveyed io Mr. York with the purchase of the property '
with the understanding that he must meet the requirements of the permit.
Thank you, ./ 1•
Robin Bones
H:\O5507\Spetioi Use Permit process\20051115 A0em LetterrtoC
cc: • arm Kelly, Combo 8 Assoolotes, Inc. .
Ed Olaeaky, •Aeorney
Ron York
Authorization for Spada) Un Pennk Application
November 15. 2005
Page 1afT.
Nov 18 2005 4:31PM GRMBR 6 RSSOCIATES 9709451410 p.1
• November 18, 2005
Fred Jarman
Garfield County Building and Planning Department
108 8" Street Suite 201
Glenwood Springs, CO 81601
RE: Agent Authorization for Special Use Permit Application
Dear Fred:
•
This letter provides acknowledgement to the Garfield County Building and
Planning Deportment that the engineering and surveying firm of Gambo &
Associates, Inc. and attorney Ed Olszewski are acting on behalf of Larry
and Robin Bones, property owners of Lot 21, Teller Spring Subdivision and
myself, a potential buyer of said Lot 21, for the purpose of applying for a
Special Use Permit. I ask that Gambia & Associates, Inc. and Ed Olszewski
represent both parties at the Board of County Commissioners hearing.
I am under contract to purchase Lot 21, of Teller Springs Subdivision from
Larry and Robin Bones with the stipulation that a Special Use Permit to
construct a residence, accessory dwelling unit and a barn within the
floodplain of the Roaring Fork River con be obtained. The Special Use
Permit would be conveyed in purchase of the property with the
understanding I will meet the requirements of the permit.
Thank you,
fis
Ron York
HA05587\Special Use Permit p Q7 A20051115 Agent Letler.doc
cc:
Britt Kelly, Gambo & Associates, Inc.
Ed Olszewski, Attorney
Laity & Robin Bones
Authorization for Special Use Permit Application
November 17, 2005
Page 1 of 1
APPENDIX G - Will Serve Letters
11
TO: GARFIELD COUNTY BUILDING DEPARTMENT 11-16-05
GARFIELD COUNT COMMISSIONERS
FROM: ROBERT CLASSEN, PRESIDENT
TELLER SPRINGS HOMEOWNER'S ASSOC.
RE: LOT 21, DOMESTIC WATER TAP, TELLER SPRINGS
TO WHOM IT MAY CONCERN,
THIS LETTER IS TO INFORM YOU THAT LOT 21 IS PART OF THE TELLER SPRINGS
SUBDIVISION AND AS SUCH, HAS A DOMESTIC WATER TAP WHICH IS INCLUDED IN
OUR COMMUNITY WATER SYSTEM. THE OWNER OF LOT 21 HAS THE RIGHT TO TAP
INTO OUR WATER SYSTEM AT THE CURB STOP OR WATER MAIN LINE. THE COST OF
THE WATER LINE EXTENSION TO THE LOT AND PROPOSED NEW HOME IS AT THE
OWNER'S EXPENSE.
PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS OR IF I CAN BE OF ANY
FURTHER ASSISTIANCE IN REGARDS TO THIS MATTER.
ROBERT CLASSEN, PRESIDENT
TELLER SPRINGS HOMEOWNER'S ASSOC.
970-945-5025
KINDER ORGAN
0096 County Rd 160
Glenwood Springs, Co 81601 (970) 928-0401 telephone
(970) 928-0406 fax
FACSIMILE COVER SHEET
ATTN: Carter Page
FAX #: 945-1410
COMPANY: Gamba Eng.
FROM: Jeff Nelson — Field Coordinator
PHONE: (97( 928-0408 FAX: (970) 928-0417
No. of Pages: 1 Date: 11/18/05
(cover page included)
Message: Will Serve Letter
Carter,
Kinder Morgan will serve Lot 21 Teller Springs, Garfield County
with natural gas service.
Thanks,
Please call ( ) 928-0408 if you did not receive all pages of this
facsimile.
NOV 22 '05 11:03 FR PUBLIC SERVICE CO GJ 970 244 2661 TO 6-9-9451410 P.02
0 Xcel Energy -
2538 Blichmann Avenue
Grand Junction, Colorado 81505
November 22, 2005
Brit Kelly
Gamba & Associates
PO Box 1458
Glenwood Springs, CO 81602
Dear Mr. Kelly,
The area of Teller Springs Subdivision in Glenwood Springs (Lot 21, Teller Springs)
is in Public Service Co of Colorado's service territory and will be served by Public
Service Co in accordance with the Rules and Regulations on file with the Colorado
Public Utilities Commission at the time of application.
I have enclosed an application for electric service.
If I can be of further assistance, please contact me at 970-244-2695 or 970.244-2661
FAX.
Sincerely,
Tillmon Mc c ogler
Planner, Western Division
** TOTAL PRGE.02 **
APPENDIX H - Declaration of Covenants
12
RE€ORbf@ A
EEC
0' CLOCat. riff 1011
MILDRED RLS 1C own CLERK
DECLARATION OR COVIDIANTS, CO TIONS,
RESTinicnoNS mnaterts FOR
MUIR SEEMS SuaDt tioiti
VOX 815 Pe1E3 4
INDEX
ARTICLE I - STATEMENT OF PURPOSE AND IlteOSITICtN OF COVENANTS
Scotian 1.1 Imposition of Covenants 1
Section 1.2 Decla ant's Inert 1
ARTICLE II - DEFINITIONS
Section 2.1
Section 2.2
Section 2.3
Ssotioe 2.4
Sanion 2.5
Section 2.6
Section 2.7
Section 2.8
Section 2.9
Section 2.10
Section 2.11
Section 2.12
Section 2.13
Section 2.14
Section 2.15
Section 2.16
Section 2.17
Section 2.18
Section 2.19
Section 2.20
Section 2.21
*Articles' or 'Articles of Incorpontion' 1
'Aswan/ate 1
'Association'
'Board of Directors' or 'Board' 1
"Bye" 1
'Cormm Anes' 1
"
'Design 2
'Dssign Review Committee' or 'Committee' 2
shaproventamis" 2
"Lor 2
'Maintenance Fund' 2
'Member" 2
'Mortgage" 2
2
'Modpger"
2
2
"Property" 2
"Recreational Facilities' 2
'Rules"
'Tiller Springs Documents' 2
2
ARTICLE III - THE ASSOCIATION
Section 3.1 Membership
Section 3.2 Classes of Membership and Voting Rights
Sec4;a 3.3 Rules
Section 3.4 Assistance to Design Review Committee
Section 3.5 Svcceseor to Dechuant
Section 3.6 Implied Rights and Obligations
Section 3.7 Resolution of Disputes
2
3
3
3
3
3
3
ARTICLE IV - COVENANT FOR ASSESSMENTS
Section 4.1 Creation of the Lien and Personal Obligation
for Assessments 4
Section 4.2 Purpose of Assessments 4
Section 4.3 Calculation and Apportionment of Annual Assessment 4
Section 4.4 Special Araanseet 4
Section 4.5 Uniform Rate of Assessment 4
Section 4.6 Date of Commencement of Annual Assessments; Due Dates 4
Section 4.7 Default Anssrmants 4
1
Section 4.8
Section 4.9
Stoke 4.10
Section 4.11
Section 4.12
Section 4.13
Section 4.14
BOOK 815 nu 355
Effect of Non .yant of Assessment: Lien nod Remedies 5
Successor's Liability for Assessment 5
Subordination of the Lien 5
Notice of Action 5
Exempt Property 6
Statement of Steins of Assessments 6
Failure to Assess 6
ARTICLE V - PROPERTY RIGHTS
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 5.6
Section 5.7
Section 5.8
Section 5.9
Section 5.10
Section 5.11
Section 5.12
Section 5.13
Section 5.14
Section 5.15
Section 5.16
Common Areas 6
Association's Responsibility for Common Areas 6
Water Rights 6
Water System Operation 6
Reserved Rights in Water System 7
Roads 7
Owners: Easements of Enjoyment 7
Recorded Eeseanents 7
Utility Easements 7
Reservation of Easements, Exceptions, and Exclusions 8
Emergency Access Easement 8
Maintenance Emmert 8
Drainage Easement 8
Pedestrian, Equestrian and Fiebiut Easements 8
Easements Deemed Craned 8
Ownership of Personal Property and Read
Propety for Common Use 8
ARTICLE VI - DESIGN REVIEW COMMITTEE
Section 6.1 Committee Membership 8
Section 6.2 Purpose 9
Section 6.3 Organization and Operation of Committee 9
Section 6.4 Expenses 9
Section 6.5 Design Guidelines and Rules 9
Section 6.6 Limitation of Liability 9
Section 6.7 Required Approval 10
Section 6.8 Removal of Nonconforming Improvements 10
ARTICLE VII - PROPERTY USE RESTRICTIONS
Section 7.1 General Restriction 10
Section 7.2 Subdivision of Lots 10
Section 7.3 No Partition of Common Areas 10
Section 7.4 Vehicles 10
Section 7.5 Excavation or Fill 10
Section 7.6 Wells 11
Section 7.7 Signs 11
Section 7.8 Animals and Pets 11
Section 7.9 Drainage 11
Section 7.10 Sanitation 11
Section 7.11 Temporary Structures 11
Section 7.12 Towers and Antennae 11
Section 7.13 Outside Burning 11
Section 7.14 Noise 11
Section 7.15 Lighting 11
ii
BOOK 815 rel 336
S een 7.16 Obsectio s 11
Section 7.17 Number and Location of Buildings 12
Section 7.18 Building (3aracter and Construction
12
Section 7.19 Fences 12
Section 7.20 Sawce Facies 12
Section 7.21 Spring Access and Fencelines on the Eastern
Lions of Lots 5 throsqib 15 12
Section 7.22 Maineesece of Landscaping 12
Section 7.23 Continuity of Construction - 12
Section 7.24 Minerals 13
Section 7.25 Nuisances 13
ARTICLE VIII - INSURANCE AND FIDELITY BONDS
Section 8.1 Haaank Insurance 13
Section 8.2 Liability Imnrance 13
Section 8.3 Fidelity Issnaoce 13
Section 8.4 Provisions Common to Hazard Insurance,
Liability Insurance and Fidelity Insurance 13
Section 8.5 Offices' and Directors' Pentam Liability romance 14
Section 8.6 Women's Compensation lance 14
Section 8.7 Other Issuance 14
Section 8.8 Insurance Obtained by Owners 14
ARTICLE IX - DAMAGE OR DESTRUCTION
Section 9.1 Association as Attorney in Fact 14
Section 9.2 Estimate of Damages of Destruction 14
Section 9.3 Repair sad Reconstruction 15
Section 9.4 Funds for Repair ad Reconstruction 15
Section 9.5 Disbursement of Funds for Repair and Reconstruction 15
Section 9.6 Decision Not to Rebuild 15
Section 9.7 Damage or Destruction Affecting Lots 15
ARTICLE X - CONDEMNATION
Section 10.1 Rights of Oates 15
Section 10.2 Partial Condemnation; Distribution of Award;
Reconstruction 15
Section 10.3 Complete Cnndemsarion 16
ARTICLE XI - EXPANSION AND WITHDRAWAL
Section 11.1 Reservation of Right to Expand 16
Section 11.2 Declaration of Annexation 16
Section 11.3 Incorporation of Additional Adjoining Property 16
ARTICLE XII - MORTGAGEE REQUIREMENTS
Section 12.1 Mortgagee Requirements 16
Section 12.2 Mortgagees' Rights 17
Section 12.3 Title Taken by First Mortgagee 17
ARTICLE XIII - ENFORCEMENT OF COVENANTS
Section 13.1 Violation Deemed a Nwsaace 17
iii
baits 13.2
leen 13:3
Melia 13:4
lioliae 13.35
Seaton 13.6
Session 13.7
Union 13.8
Senior 13.9
fftenelione•
Pailu 4
VasMitstas .
asinedhe
Mendemkre beau
No Vialvie;
No Lisp
Recovery of Coma
ARTICLE XIV - DURATION OF COVENANTS AND AMENDMENT
Section 14a
Section 14.2
Section 14.3
Section 14.4
Section 14.5
Section 14.6
Section 14.7
Term
17
17
17
17
17
17
17
17
18
Whim Mcidificatims_ssilbd 18
18
Asmdsa.a kry t--1 s .
Nesi:e of AmirlomE 11
11
Effective sReemeling18
Revocation18
18
ARTICLE XV - MISCELLANEOUS PROVISIONS
Section 15.1
Section 15.2
Section 15.3
Section 15.4
Section 15.5
Section 15.6
Section 15.7
Section 15.8
Seventhility
Conditional 18
a
18
Headises
Notice 19
Waiver19
Cob cm
Between Domest* 19
Conflicts
19
Rule APerpe4utierApia*Apia*
A .fin 19
19
iv
BOOK 815 no€358
DECLARATION OF COVENANTS, CONDITIONS,
REFIRICTIONS AND EASEMENTS fl
TELLER S!lEDRZ SVWIVIESON
Roes D. Jeffery, ('Declarant'), as owner of certain red property in the County of Garfield, State of Colorado,
kaown as the Tiller Springs Svbdivisioe, ('Teller Springs'), and described is Exhibit 'A' annexed hereto, (the "Property"),
hereby mate the following tolerances:
c1
STATEMENT OF PURPOSE AND IMPOSITION OF
COVENANrc
Section 1.1. ie.,e.c4oa of Cc vass. Declarant Why mats, declares, and establishes We following covenants,
coeditioea, restrictions, sed asemsta ('Cove irte) whisk shell affect all of the Property. From this day forward, the
Property shell be held, sold and convoyed abject to these Covens. Tisa Cowes= shall ren with the had and shall
be biding upon $( paeans or sues having ay right, tide, or intetaet in all or any part of the Property, including
Dadaist, sed their hairs, auooaron, snipe, renals, guess red invites. These Covenants shall inure to and are imposed
for she bssfit of ad Owen of parcels of lad located within to Property.
Section 1.2. Dpjaatugss. Dadra* desires to assure the attractiveness of isdividual lots and improvements
to be made within the Property, to prevent say future impairment of the Property, and to pineerve, protect, ad enhance the
values rd amenities of the Property. It is the Sant of Declarant to guard against the ooaWttction on the Property of
Improvements built of improper or useisahb arterials or with impoper quality or methods of construction. Declarant
inlaid. to encourage the 000structlan of aeraotve prams Improvements of advanced technological, architectural, and
engineering design, appropriately located to pre erre the harmmmious development of the Property. Declarant intends to
develop ad maintain a desirable high quality nsal.rsideetial project on Ib- Property emphasizing equestrian recreational
amaaitier.
ARTIc .E 11
DEFINITIONS
The following terms, as used in this Declaration, are defined as follows:
Section 2.1. 'Articles' or "Articles of Incorporation' shall mean the Articles of Incorporation of the Association
filed with the Secretory of State to create the Association, as said Articles may be amended from time to time.
Section 2.2. 'e' shall mean annual, special, and default assessments levied pursuant to Article IV below
to meet the financial requirements of the Association.
Section 2.3. 'Assocaatioq" shill mm the Teller Springs Homeowners' Association, a nonprofit membership
corporation, or any successor sor of the Association by whatever name, .barged with the duties and obligation set forth in this
Declaration.
Section 2.4. 'Board of Directors" or 'Board* shall mm the Board of Directors of the Association.
Section 2.5. "Bylaws shall mean the Bylaws of the Association which establish the methods and procedures of
its operation, as amended from time to time.
Section 2.6. '" shall mean all real property, including any improvements and fixtures in which the
Association owns an interest for the common use and enjoyment of the Owners. Such interest may include, without
limitation, estates in fee or enactments.
Section 2.7. "Declarant" shall mean Boss D. Jeffery, his heirs, successors and assigns.
-1-
BOOK 815 Plf:f.359
Swine 2.8. "j?esism Guidelines' shill mean the guidelines and rolaa published and amended and supplemented
from time to time by the Design Review Committee.
Section 2.9. Tee Review Coamin or *cAlmegghbr shall mm the committee formed pure eat to Article
VI below to maintain the quality and architectural harmony of Improvements in Teller Springs.
Section 2.10. "Inmrovements• shall mean all dwellings, garages, harm, outbuildinp, swimming pools, tennis
courts, per, other structural, parking areas, loading areas, fees, walls, be-ges, plantings, poles, antennae, driveways,
signs, fills, excavations and other siw work, incleding, without limitation, grading, roads, utility improvemeets, removal
of' trees and shrubs and any new exterior construction and changes in exterior color or shape which may not be included in
the foregoing. *Improvements' do include both original improvements and all later chugs and improvements.
Section 2.11. "La" shall mean each separate parcel of lend designated as a lot on the Subdivision Map of Teller
Springs recorded by Declarant and reeerved for residential purposes.
Section 2.12. "Maintenance Fund' shall mean the fend created by Assessments and fees levied pursuant to Article
IV below to provide the Association with the finds required to awry out its duties under this Declaration.
Section 2.13. "Member" shall mean any person or legal entity bolding membership in the Association.
Section 2.14. "'Iodate" shall mom any mortgage, deed of trust, or other document pledging any portion of the
Property or interest therein as security for the payment of a debt or obligation. "R'nr' mess any Mortgage which
is not subject to any lien or encumbrance except liens for taxes or other lima which are given priority by statute.
Section 2.15. • ' shall men a beneficiary of a mortgageas well as a named mortgagee. "fig
Mortcaree" mans any person named as a mortgagee under a mortgage, which Mortgage is not subject to any lien or
encumbrance except liens for taxes or other lions which are given priority by statute.
Section 2.16. 'Owner' shall men the owner of record, whether one or more persons or legal entities, of a fee
simple title to any Lot, but shall not mama or refer to any person or entity who holds such interest merely as security for
the performance of a debt or other obligation. including a Mortgage, unless and until such person or entity has acquired fee
simple title pursuant to foreclosure or other proceedings.
Section 2.17. ' ' shall mean any maps affecting the Property and filed in the office of the Clerk and Recorder
for Garfield County, Colorado, as such maps may be amended from time to time.
Section 2.18. 'Property' shall mean and include the property initially subjected to this Declaration and any
additional rel property from time to time made subject to these Covenants pursuant to the provisions of this Declaration.
Section 2.19. 'Recreational Facilities" shall mean the recreational facilities or amenities owned by the Association
and located on the Property from time to time.
Section 2.20. "Rules" shall men the rules adopted by the Association as provided in Article III below.
Section 2.21. "Teller Sorinns Documents" shall mean this Declaratiot, the Articles of Incorporation and Bylaws
of the Teller Springs Homeowners' Association, the Design Guidelines and Rules of the Association.
RTICT E III
THE ASSOCIATION
Section ,3.1. Membership. Every Owner, by virtue of being an Owner, and for so long as he or she is an Owner,
shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any
Lot. No Owner, whether one or more persons, shall have more than one membership per Lot owned, but all of the persons
owning each Lot shall be entitled to rights o: membership and to use and enjoyment appurtenant to such ownership.
1
&OOK 815 Pt0E36o
Section 3.2. Cuof
es Meaob.4 hi ad Votiwo R' . The Association shall have two clues of voting
membership:
Class A: Clue A Members shall be all Owners, with the mortice of Declarant. Each Clara A Member
shill be entitled to a specific nine of votes based on owe vote for each Lot waned. When more than
one person bolds an intermit in any Lot, all such pears shell be Meas. The vole for such Lot shill
be exorcised by a desigmsted Masher u the Owes , of such Lot deisrmine, and the Summary of the
Association shell be notified of such designation prior to any nesting. la the absence of such notice, the
vote allocated to stub Lot shall be impended in the eveat mare than one parson or arty seer b exercise
the right to vote. Any Owner of a Lot which is tread may assist hie voting right to the neaaat, provided
that a copy of the inetnmeat of aseigament is finalised to the Secretary of the Ammar. prior to any
Meeting in which the tenant exercises the voting right.
ars B: CLU B Members shill be Declarant ad ay summer of Declarant who tabes title to all or part
of the Property for the purpose of development and ale ad who is desigmaeed se a asooemor declarant in
a recorded instrument executed by Declarant. Class B Members shall be entitled to three times the vote
otherwise allocated to Class A Members for c ch Lot owned by a Oa A Member. Claes 8 Membership
shall terminate on either of the following dates, whichever oocros earlier:
(a) December 31, 1999, or
(b) The date on which Declarant 000veys a majority of Lou to Char A Members.
From and after the termination of Cie Class B membership, the Declarant and any designated successor declarant
shall be entitled to vote on the same basis as Claw A Membra. At such time, Declarant shall call a meeting of Owners,
as provided by the Bylaws for special in senium, to advise the membership of the termination of Class 8 Member status and
to transfer control of the Association to the Ciro A Members.
Section 3.3. &leg. The Association, from time to time and subject to the provisions or the Documents, may adopt,
amend and repeal rules sad regulations, to be known as the 'Rules,' governing, among other things and without limitation:
the use of Comma Areas, the tut of private roads, cdlectioa and disposal of garbage and trash, the of
the control of ,annals, burning open fires,
traffic rules, P� restrictions � ��006' the posting of asaxemum spared for vehicular traffic and other
establishment of times or other rest/intim. when commercial vehicles may be permitted to use any or all of
the roads and a schedule of fines for the infraction of the Rules. A copy of the Rules in effect shell be dietribused to each
Member of the Association, and any change in the Rules shall be distributed to each member within a reasonable time
following the effective date of the change.
Section 3.4. Assistagg to DesinRa w Committee. The Association shall cooperate with and assist the Design
Review Committee in the attainment of the Committee's functions, and in the enforcement of its
guidelines, decisionsregulationsguidalim, rules, regulations
Section 3.5. Successor to D... sant. The Association shall succeed to all of the rights, duties and responsibilities
of Declarant under this Declaration upon termination of the Chan B membership in accordance with Section 3.4 above.
Section 3.6. Implied Rights and Obligations. The Association may exercise any other right or privilege given to
it expressly by the Teller Springs Documents, and every other right or privilege reasonably to he implied from the existence
of any right or privilege given to the Association under this Declaration or reasonably necessary to effectuate any such right
or privilege. The Association shall perform al of the duties and obligations imposed on it expressly by the Teller Springs
Documents, 'ogether with every other duty or obligation reasonably to be implied from the express provisions of thTeller
Springs Documents, or reasonably necessary to satisfy any such duty or obligation.
Section 3.7. Reeoh tion of Diserete s. If any dispute or question arises between Members or between Members and
the Association or the Design Review Committee relating to the interpretation, performance or nonperformance, violation
of enforcement of the Teller Springs Documents, such dispute or violation may be subject to hearing and determination by
the Board in accordance with the procedures set forth in the Bylaws.
Btinx 815 rtc€361.
ARTICLER
COVENANT FOR ASSESSMENTS
Section 4.1. Creation of the Lim aid Penang Wind= for Aanggenta. The Declarant, for each Lot ossified
within the Property, hereby covenants, ad each Owner of any Lot, by acceptance of a deed therefor, whether or not it shell
be so expressed in my such deed, are deemed to covenant and epee to pay to the Anociatice: (1) Annual Assessments or
charges as provided in this Declaration for the pwpoae of Mediae the Maintenance Fund; (2) Special Asseeme is for
copied
improvements and other purposes as staled in this Declaration, each awed rad Special
ed,
and collected from time to tine m hicjs y ts aseo be fused, eine a Lot
provided blow; and (3) Detinit Aremmsts which may be roared against a Lot
pureurtt to the Teller Springs Documents for the Lot Owner's failure to perform an obligation under the Teller Springs
Dote or because the Association has incurred an expire on Weill of the Owner nder tie Teller Springs Documents.
The Annual, Special, and Default Aaseaameots, togetix with Serest, costs, and re 'a
atttsaey fro, shell be a charge
oe aids continuing !neo against the Lot against which arch such Assassins* is side until paid. Each such Amassment,
together with interest, co aa, and reasonable attorney's fees, shall alp be the personal obligation of the Owner of such Lot
at the time when the Aare:..- st Si! due, and two or more Owners of a Lot shall be jointly and aaveafy liable for such
obligations.
Section 4.2. furnoeo of Ammumm. The Arermea s levied by the Association shall be used exclusively to
promote the recreation, health, safety, and welfare of the Osman sod occupants of Teller Springs and for the improvement
and maintenance of the Common Area, including, but not limited to, the payer of taxes and inwuance on the Common
Areas, and repair, replacement, sad additions to any improvements on the Common Arm, reserve aocamts for repairs,
replacement ani' maintenance, capitaimprovements, the cost of contract labor, equipment, materials, management, and
supervision, and the salary or fee of employes', professional fees, utilities, uarporttim, servio- fees and other customary
charges.
Section 4. i. Caktuamore ttml Anoortiooamat of Asad Assent. The Board of Directors shall prepae a budget
by October 1 of each year endow nag the Association's am icier ed financial requirements for the next year and my priot
deficiencies and an estimme of the Amaral Areeennent to be charged ascii Owner, and the Board shall moil the proposed
budget to the Owners. On or before December 1 of arch year, the Board Lill approve the budget and shall determine, levy
and areas the Association's Annnal Aaaearmenta for the coming fiscal year.
Section 4.4. bleggAgnamag. In addition to the Annual Assessments, the Board of Directors may levy in any
fscal in cost year
of any one or e Special
recoaructio, applicable to rho year only, the purpose of defraying, in whole or in part,
construction or n, repair or replacement of a described capital improvement upon the Common
Areas, including the necessary fixtures and personal property related thereof, or to make up any shortfall in the current year's
budget. Notice of the amount and due dates for such Special Anerments must be neat to each Owner at least thirty (30)
days prior to the due dere.
Section 4.5. iluthualitsgsszaw. Both the Annual and Special Assessments must be fixed ata uniform
rate for each Lot.
Section 4.6. Dere of Commencement of Annual Assessments: Due Dates. The Annual Assessments shall commence
as to all Iota on the first day of the month following the conveyance of the first Lot to an Chooser. The first Annual
Assessment shall be prorated according to the number of months remaining in the calendar year. Assents shall he
collected on a periodic basis as the Borrel of Directors may determine from time to time, but until the Board directs
otherwise, Assessments shall be payable quarterly in advance on the first day of each calendar quarter. Collection of the
Association's Assessments in this manner shall not prevent the creation of the Association's lien sgaiast any Lot or impair
the Association's ability to enforce or collect Assessments as provided under this Declaration if Armaments are not remitted
to the Association in a timely tanner.
Section 4.7. Default Assessments. All monetary fines amassed against an Ower pursuant to the Teller Springs
Documents, or any expense of the. Association which is the obligation
shall be a Default Assessment and shall become a lis of an Owner pursuant Lot which m rybe foreclosed e Tiller Springs or
Documents,
collected as provided in this Declaration. Notice of the amount and due datest such s such Default Assessment shall be sent to
the Owner subject to such Asaeisment at least 30 days prior to the due date.
-4-
BOOK 815 n& u362
Section 4.8. Effect of Nogpavmer' of Assessment: Lip and Remedier.. An' Assessment inetallmemt, whetter
pertaining to annual, special, or default Assessments; which is not paid within 30 days after its due date shall be delinquent.
In the event an Assessment installment becomes delinquent, the Association, in its sole discretion, may take my or all of
the following actions:
costs;
(a) Assess a late charge of at least $25.00 per delinquency to compensate the Association for administrative
(b) Assess an interest charge from the due date at the rate of eighteen percent (18%) per annum;
(c) Suspend the voting rights of the Owner during any period of delinquency;
(d) Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid
Assessments for the remainder of the fiscal year shall be due and payable at once.
(e) Bring an action at law against any Owner personally obligated to pay the delinquent installments;
(0 File a statement of lien with respect of the Lot and foreclose as set forth in more detail below.
The Association may file a statement of lien by recording with the Clerk and Recorder of Garfield County,
Colorado, a written statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot,
the name of the Association, and the amount of delinquent Assessments then owing, which statement shall be duly signed
and acknowledged by an officer of the Association and which shall be sent by certified mail to the Owner of the Lot at such
address u the Association may have in its records for the Owner. Thirty (30) days following the date of mailing of such
notice, the Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure
of mortgages in the State of Colorado. Such lien shall be in favor of the Association and shall be for the benefit of all other
Owners. In either a personal or lien foreclosure action, the Association shall be entitled to recover late charges, interest,
costs, and reasonable attorneys' fees incurred in respect to such delinquency. No Owner may waive or otherwise escape
liability for the Assessments provided for in this Declaration by nonuse of the Common Areas or abandonment of his Lot.
The remedies provided under this Declaration shall not be exclusio, . and the Association may enforce any other remedies
to collect delinquent Assessments as may be provided by law.
Section 4.9. Successor's Liability for Assessment. In addition to the personal obligation of each Owner to pay all
Assessments and the Association's perpetual lien for such Assessments, all successors to the fee simple title of a Lot, except
as provided in Section 4.10 below, shall to jointly and severally liable with the prior Owner or Owners thereof for any and
all unpaid Assessments, interest, late charges, costs, and reasonable attorneys' fees against such Lot without prejudice to any
such successor's right to mcover from any prior Owner any amounts paid by such successor. This liability of a successor
shall not be personal and shall terminate upon termination of such successor's fee simple interest in the Lot. In addition,
such successor shall be entitled to rely on a statement of status of Assessments obtained from the Association under Section
4.13 below.
Section 4.10. Subordination of the Lien. The lien of the Assessments provided for in this Section shall be
subordinate to the lien of any First Mortgage. The lien of the Assessments shall be superior to and prior to any homestead
exemption provided now or in the future by the laws of the State of Colorado. No sale or trarafer shall relieve a Lot from
liability for any Assessments or from the lien thereof. However, sale or transfer of any Lot pursuant to a decree of
foreclosure or by pubiic trustee's foreclosure or by any other proceeding, or any other proceeding or deed in lieu of
foreclosure for the purpose of enforcing a First Mortgage shall extinguish the lien of such Assessments as to instalments
which became due prior to each sale or transfer, and the amount of such extinguished lien may be reallocated and assessed
to all Lots as a common expense at the direction of the Board if Directors. No sale or transfer shall relieve the purchaser
or transferee of a Lot from liability for, or the Lot from the lien of, any Assessments made after the sale or transfer.
Section 4.11. Notice of Action. Any First Mortgagee who makes a prior written request to the Sear,;_ : of the
Association and furnishes its name and address and the legal description of the Lot in which it has an interest to the Secretary
shall be entitled to timely written notice of any delinquency m payment of an Annual, Special, or Default Assessment levied
against the Lot encumbered by its First Mortgage, or of any other default by the Owner under the Teller Springs Documents,
Bong 815 oa1E363
which Si continued fora period of 60 days or more. In addition, any such Fina Mottgagae than be emlided to cane arch
delinquency and obtains release from the lien imposed or perfected by recon of such delinquency.
Section 4.12. Exempt Prpnerty. The following portions of the Property shall be exempt from the Assessments,
charges, and liens created under this Declaration: All properties to the extent of any easement or other interest therein
dedicated and accepted by Garfield County, Colorado, and devoted to public use; all utility lines and moments; and
Common Arris.
Section 4.13. Statement of Status of Assessments. Upon ten (10) days' written notice to the Treasurer of die
Association and payment of the reasonable fee set by the Association from time to time, any Owner, prospective purchaser,
or Mortgagee of a Lot shall be furnished a statement of the accormt for such Lot setting forth:
(a) The amount of any unpaid Assessments (whether Annual, Special, or Default Assessments), interest,
late charges, costs and attorneys' fees then against pc 'cular Lot;
chargeable a * .acr
(b) The amount of the current periodic installment of the Annual Assessment and the date through which
the same is paid; and
(c) Any other infotmatior dimmed proper by the Association.
The information contained in such statement, when signed by the Treasurer, shall be conclusive upon the Association
as to the person or persons to whom such statement a issued and relied on in good faith.
Section 4.14. failure to Assess. The omission of failure of the Board to fix the Assessment amounts or rater or
to mail to each Owner an Assessment notice shall not be deemed a waiver, modification, Jr a release of any Owner from
the obligation to pay Assessments. In such event, each Owner shall continue to pay Annual Assessments on the same basis
as for the last year for which an Assessment was made until a new Assessment is made, at which time any shortfalls in
collections may be assessed retroactively by the Association.
ARTICLE V
PROPERTY RIGHTS
Section 5.1. Common Areas. Declarant shall convey to the Association that portion of the
Common Areas on the Plat and intended for common use byPropertyn designated as
ted
on said plat for common use. The Common Areas are designated in Teller ration for along commonwt all u easements enjoyment
of Owners and their families, tenants,dby this Declaration nthe unae and enjoyment
guests and invitees, and not for the use of the general public.
Section 5.2. Association's Responsibility for Common Areas. The Association, subject to the rights and obligations
of the Owners set forth in this Declaration, shall be responsible for the management and control of the C ,__on Arae
conveyed pursuant to Section 5.1 above and all Improvements on the Common Areas (including
furnishings related thereto), and shall keep the Common Areas in good, clean and attractive condition tend � equipment
requirements of a first class residential development repair consistent . thei
oP pursuant to the terms and conditions of this Declar« x. This
maintetnrf shall include, but not be limited to, maintenance, repair, and replacement,
effect, of all landscaping and other flora, structures, and i subject issurasnce then m
improvements situated within the Common Areas. ari.
Section 5.3. Water Rights. By separate instrument, Declarant shall convey to the Amchitka all water and water
rights appurtenant to the Property. Such water and water rights shall be held by the Association in trust fon the use mad
benefit of the Owners of Lots and shall not be sold, leased, conveyed or encumbered by the Association.
Section 5.4. Water System Orceratiot,. The domeatic potable water system and the irrigation system, tsclesddag all
pumps, main distribution lines and facilities, will be owned, operated and maintained by the Associmtioa. Bach Owner will
own and be responsible for all costs, expenses and liabilities from the points of coanectioo to the Association's distribution
lines. Each Owner shall be responsible for the operation and maintenance of a curb stop valve mrd a totalizing flow main
for the water lines servicing such Owner's Lot. Each Owner shall adhere to the terms of any neer rights decrees and
permits affecting water service on the Property and other water rights arising ea or carriui
thtvugh the Propaaty. The
-6-
BMK 815 Parr364
Association shall have the right upon reasonable notice to shut off or curtail din onions for the purpose of administration and
operation of any decreed plan of augmentation. The Association., thtou;b its agents, shall have full and free access at all
reasonable hours to read meters, ex.,mine water pipes and fixtures, determine water usage and take other neceasery actions
to assure compliance with any decreed plan of augmentation and the Jules of the Association. In the event of emergency,
Lased on good faith determination by the Association, reasonable notice shall not be required, if impractical. The rm.soc':tion
shall establish charges kr water usage based on metered consumption such that the water system will be independently
supported with adequate reserves forcapital
replacement.
Section 5.5. Reserved Rights in Water System. Subject to the prior approval by governmental authorities laving
jurisdiction, Declarant reserves to Declarant the right to connect not more than six (6) single family dwellings located outside
of the Property to the domestic potable water system to be constructed by Declarant and conveyed to the Association. Such
connections shall be without cost to Declarant for the privilege of connecting to such water system, the use of easements for
such connections and any capital costs incurred prior to such connection. Declarant shall pay for the physical expenses of
such connections and a prorate share of all future operating expenses and capital coats of such water system. It is specifically
acknowledged that the owner of the Sievers Spring and Pipeline #2 shall have a right to connect a single family dwelling
to the domestic water system to be constructed by Declarant and conveyed to the Association. Such right of connection shall
arise only in the event the water level at the point of diversion of the Sievers Spring and Pipeline S2 falls below the level
of the currently installed cijiection device for a period of thirty (30) days and further provided that the owner of the Sievers
Spring and Pipeline #2 has not undertaken any substantial action to cause such reduction. In such event, the Association shall
promptly pay for the expense of physical connection from the point of diversion to the domestic water system owned by the
Association without any charge for such connection. Followingsuch condition, the Association hall be responsible for costs
of water service to the point of diversion. After such connection, the owner of the Sievers Spring and Pipeline 42 shall be
bound by the rules and regulations pertaining to such system. If not previously exercised, this• right of connection will expire
on December 31, 2010. Prior to such time, this provision may only be amended or deleted with the written consent of the
owner of the Sievers Spring and Pipeline #2.
Section 5.6. Roads. All roads and bridges of Teller Springs shall be conveyed to the Association. The Association
shall be responsible for the maintenance of all roads and bridges within Teller Springs and conveyed by Declarant to the
Association. Such maintenance will include periodic maintenance of the surface and regular snow, ice, and trash removal.
The Association will not be responsible for maintenance of private drives located on the Property. The Board shall cooperate
with the applicable traffic and fire control officials, to post roads and streets with traffic control, fire lane, and parking
regulation signs.
Section 5.7. Owners: Easements of Enjoyment. Every Owner has a nonexclusive easement for the use and
enjoyment of the Common Areas and the perimeter pedestrian/equestran path, which easements are appurtenant to and shall
pass with the title to every Lot, subject to the provisions set forth in this Article. Any Owner may delegate, in accordance
with the Teller Springs Documents, his right of enjoyment in the Common Areas and easements to members of his family,
tenants, lessees, guests and invitees, provided such delegation is fr- a reasonable number of persons and at reasonable times.
Section 5.8. Recorded Easements. The Property, and ,1 portions thereof, shall be subject to all easements shown
on the recorded Plat affecting the Property, or any portion thereof, and to any other easements of record or of use as of the
date of recordation of the Declaration.
Section 5.9. Utility Easements. Declarant reserves to Declarant and hereby grants to the Association a general
non-exclusive easement upon, across, over, in, and under the fifteen (15) feet immediately adjacent to each Lot line for
ingress and egress and for installation, replacement, repair, and maintenance of all utilities, including but not limited to
domestic and irrigation water, sewer, gas, telephone and electrical systems. By virtue .f this Easement, it shall be eyxessly
permissible and proper for the companies providing electrical, telephone and other communication services to install and
maintain necessary electrical, communications, and telephone wires, circuits, and conduits in the esse•,esot. No water, sewer,
las, telephone, electrical, or communications lines, systems, or facilities may be installed or relowuas on the surface of the
Property, except ft necessary surface facilities. Such utilities temporarily may be installed above ground dueiag
construction, if approved by the Declarant or the Design Review Committee. Any utility company using this gametal
easement shall use its beat efforts to install sad maintain the utilities provided for without disturbing the uses of the Owners,
the Association, and Declarant; shall prosecute its installation and maintenance activities u promptly and expeditiously as
reasonably possible; and shall restore the surface to its original condition as soon as possible after completi„n of its wait.
ennK 815 pi(43€5
Should any utility company furnishing a service covered by this general sasemmt request a specific easement by separate
recordable document, either Declarant or the Association shall have, and are hereby given, the right and authority to gra
such easement upon, across, over, or under any parr of all of the Property without conflicting with the temp of this
Declaration. This general easement shall in no way affect, avoid, extinguish, or modify any other :worded Earn=est on
the Property. All service connections to (including transformers) primary utility lines serving each lot shall be the
responsibility of the Owner.
• Section 5.10. Reservation of Easements. Exceptions. and Exclusions. Declarant reserves to Declarant and hereby
grants to the Association the concurrent right to establish from time to time, by declaration or otherwise, utility and other
easements, permits, or licenses over the Common Areas, for ptupoea including but not limited to utility services to Lots.
paths, walkways, drainage structures, recreation areas, parking areas, and to create other reservations, exceptions. and
exclusions for the best interest of all: Owners and the Association, in order to serve all the Owners within Teller Springs.
Section 5.11. Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire
protection, ambulance, and all other similar emergency agencies or persons to enter upon all roads and upon the Property
in the proper performance of their duties.
Section 5.12. Maintenance Easement. An easement is hereby reserved to Declarant, and granted to the Association,
its officers, agents and employees, successors and assigns, upon, rictus, over, in and uncle- tat ,Property and a right to take
such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and
functions which the Association is obligated or permitted to perform pursuant to the Teller Springs Documents, including
the right to natter upon any Lot for the purpose of irrigating such Lot as requi ci by the Teller Spratgs Documents.
Section 5.13. Drainage Easement. An east: is hereby reserved to Declarant and granted to the Association,
its offiars, agents, employees, successors and assigns to enter upon, across, over, in and under say portion of the Property
for the purpose of changing, correcting, or oeierwise modifying any existing drainage channels on the Property so as to
protect the historic drainage pattern of water. Reasonable efforts shall be nude to use this easement so as not to disturb the
uses of the Owners, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work
promptly and expeditiously; to avoid interference with existing structures; and to restore any areas affected by such work
to the condition existing prior to the work as soon as reasonably possible following such work. Declarant and Declarant's
agents, employees,. successors and assigns must inform and obtain the approval of the Board of Directors prior to undertaking
such drainage work, which approval shall not be unreasonably withheld.
Section 5.14. Pedestr;an Equestrian and pishinz Easements. The pedestrian, equestrian and ;:skiing easements
depicted on the plat along the outer perimeters of Lots 4 through 21 shall not be used by any motorized vehicle. The
Association shall maintain the outer perimeter equestrian/pedestrian easement as shown on the plat in a manner equivalent
to the condition of a primitive trail, provided that all noxious weeds shall be controlled.
Section 5.15. Easements Deemed Created. All conveyances of any pati of the Property made after the date of this
Declaration, whether by Declarant or otherwise, shall be construed M grant and reserve the easements contained in this
Article V even though no specific reference to such easements or to this Declaration appears in the instrument for such
conveyance.
Section 5.16. Ownership of Personal Property and Real Property for Common Use. The Association, through
action of its Board of Directors, may acquire, hold, and dispose of tangible and intangible personal property and real
property. The Board, acting on behalf of the Association, shall accept any real or personal property, leasehold, or other
property interests within Teller Springs and conveyed to the Association by Declarant.
ARTICLE VI
DESIGN REVIEW COMMITTEE
Section 6.1. Comm>ttee Membership. A Design Review Committee is hereby established, which shall be
responsible fcr the adoption and administration ofDesignGuidelines to cavy out the purposes and intent of the Declaration.
The Committk rosin be composed of up to three (3) persons, who need not be Members of the Association. All of the
members of the Committee shall be appointed, removed and replaced by Declarant in Declarant's sole diteretion, until such
hnox 815 p}11F 366
time as the Class li ratanbership is terminated, and at that time the Board of Directors shall succeed to Declarant's tight to
appoint, remove, and replace the members of the Committee.
Section 6.2. lurnoee. The Committee shall review, study and either approve or reject proposed Improvements on
the Property within thirty (30) days after a request is submitted, all in compliance wit this Declaration and as further sat
forth in the rules and angulations of the Committee and the Design Guidelines adopted and established front tune to time by
the Committee. If the Committee does not act within thirty (30) days after submission, approval will be deemed to have
bum given. The Committee she 1 exercise its best judgment to see that all Improvements conform and harmonize with any
existing structures as to external deign, scale, quality and type of construction, materials, color, location on the Lot, height,
graeic and finished ground elevation, and r aesthetic comiderNions sot forth in this Declaration and in the Design
Guidelines. The actions of the Committee in the exercise of its discretion by approval or disapproval of plans and other
information subStted to it, or with respect to any other matter before it, shall be conclusive and binding on all interested
parties, provided that in the event of disapproval, the Owner proposing such Improvement may appeal the matter to the next
annual or special meeting of the Members of the Association where a vote of not less than two-thirds (2/3) of the votes
entitled to be cast at such meeting shall be required to change the decision of the Committee.
Section 6.3. Organization and Oeeration of Committee.
(a) pm. The term of office of each member of the Committee shall be one year, commencing January
1 of each year, and continuing until his or her successor shall have been appointed. Should a Committee member
die, retire, become incapacitated, or in the event of a temporary absence of a member, a successor may be
appointed as provided in Section 6.1.
(b) arjrnan. So long as Declarant appoints the Committee, Declarant shall appoint the chairman. At
such time as the Committee is appointed by the Board of Directors, the chairman shall be elected annually from
among the members of the Committee by a majority vote of said members.
(c) Proceeding. The chairman shall take charge of and conduct all meetings and shall provide for
reasonable notice to each member of the Committee prior to any meeting. The notice shall set forth the time and
place of the meeting, and notice may be waived by any member. hi the absence of a chairman, the party
responsible for appointing or electing the chairman may appoint or elect a successor, or if the absence is temporary,
a temporary surra or. The Committee shall make such rules and regulations as it may deem appropriate to govern
its proceedings.
(d) Yoting. The affirmative vote of the majority of the members of the Committee shall govern its action
and be the act of the Committee. A quorum shall consist of a majority of the members.
(e) Expert Consultation. The Committee may avail itself of technical and pre assiooal advice and
consultants as it deems appropriate.
Section 6.4. Expenses. Except as provided below, all expenses of the Committee shall be paid by the Association.
All expenses incurred in review of an application shall be paid by the applicant.
Section 6.5. Design Guidelines and Rules. The Committee shall adopt, establish, and publish from time to time
Design Guidelines for Teller Springs, and the Design Guidelines shall be a Teller Springs Document The Design Guidelines
shall not be inconsistent with this Declaration, but shall more specifically define and describe the design standards for Teller
Springs. The Design Guidelines may be modified or amended from time to time by the Committee. Further, the Committee,
in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations
and may permit compliance with different or alternative require -mans. Compliance with the design review process is not
a substitute for compliance with county building, zoning, and subdivision regulations, and each Owner is responsible for
obtaining all approvals, licenies, and permits as may be required prior to commencing construction.
Section 6.6. Limitation of Liability. The Committee shall use reasonable judgment in accepting or disapproving
all plans and specifications submitted. Neither the Committee nor any individual Committee member, shall be liable to any
person for any official act of the Committee in connection with submitted plans and specifications, except to the extent the
BI'nx 815 par,€367
Committee or any individual Committee member acted with malice or misconduct. Approval by the Committee does sot
necessarily assure approval by the appropriate governmental board or Commission for Gsr;;:;d County, Colorado.
Notwithstanding that the Committee has approved plans and specifications, neither the Committee mor any of its members
shall be responsible or liable to any Owner, developer, or contractor with respect to any loss, liability, claim, or expense
which may arise by reason of approval of the constntctic ° the Improvements. Neither the Board, the Design Review
Committee, nor any agent thereof, nor Declarant, nor any of their employees, agents or astvdtmte shall be responsible in
any way for any defects in any pians nt specification submitted, r'*sed or approved in accordance with the provisions of
the Documents. nor for any structural or other defects Say w,.,: x dose according to such puma and specifications. In all
events the Committee shall be defended and in en mifred by the Association in any such suit or proceeding whish may arise
by reason of the Committee's decision. The Association, however, shall not be obligated to indemnify each mnober of the
Committee to the extent any such member of the Committee nail be adjudgni be liable for misconduct in the performance
of his duty as a member of the Committee, tmleas and then only to the extent that the Court in which each action or suit may
be brought shall determine upon application that, despite the adjs. ,anon of liability but in view of all circumstances of the
case, such person is fairly and reasonably entitled to indemnification for such expenses as such mutt that} teem proper.
Section 6.7. Reauired Atwrovaj. The Design Guidelines and these Covenants shall govern the right of an Owner,
developer or contractor to construct, reconstruct, refinish, alter ar maintain any Improvement upon, under. or above any
of the Property (except for interior improvements), and to sake or cream av excavation or fill on the Property, or make
any change in the natural or existing surface contour or drainage, or install any utility line or conduit ow or over the
Property. Any construction or reconstruction, or the refinishing or alteration of any part of the exterior of any building or
other Improvement on the Property is absolutely prohibited until and unites the Owner first obtains approval from the Design
Review Committee and otherwise coanplies with the provisions of these Covenants. All Improvements shall be constructed
only in accordance with approved plans and specifications. U.S Forestry trod Colorado State Forester recommendations
and guidelines on wildfire prevention shall be considered in the construction of Improvements.
Section 6.8. Removal of Nonconfonninc Imnrgvements• The ASSociation, upon request of the Committee and after
reasonable notice to the offending Owner, may remove any Improvement constructed, reconstructed, refinished, altered, or
maintained in violation of these Covenants. and Owner of the Improvement shall immediately reimburse the Association for
all expanses incurred in connection with such removal. This provision shall not apply to any Improvement which has been
constructed in conformance with Design Guidelines and Rules then in force.
ARTICLE Vg
PROPERTY USE RESTRICTIONS
Section 7.1. General Restriction. The Property shall be used only for the purposes set forth in these Covenants,
as permitted by the applicable ordinances of Garfield County and the laws of the State of Colorado and the United States,
and as set forth in the Teller Springs Documents. amendments, or other specific recorded covenants affecting all or any part
of the Property. -
Section 7.2. Subdivision of Lots. No Lot may be subdivided.
Section 7.3. No Partition of Common Areas. The Common Areas shall be owned by the Association, and no
Owner shall bribe any action for partition or division of the Cons ^- . teas. By acceptance of a deed or other instrument
of conveyance or assignment. each Owner shall be deemed to have specifically waived such Owner's rights to institute or
maintain a partition action or any other action designed to cause a division of the Common Areas, and this Section may be
pleaded as a bar to any such action. ,Any Owner who shall institute or maintain any such action shall be liable to the
Association, and hereby agrees to reimburse the Association for its costs, and reasonable attorneys' fees in defending any
such action.
Section 7.4. Vehicles. No trucks, trill bikes, recreational vehicles, motor homes, motor coaches, snowmobiles,
campers. trailers, boats or boat trailers, or similar vehicles (other than passenger automobiles or pickup or utility trucks with
a rapacity of one ton or less) or any other vehicles shall be parked, stored, or in any manner kept or placed on any portion
of the Property except in an enclosed garage, barn or screened enclosure. This restriction, however, shall not be deemed
to prohibit commercial and construction vehicles, in the ordinary course of business, from making deliveries or otherwise
providing service to the Property or for approved construction by Declarant or Owners.
-10-
&DMK 815 PtOE31;8
Section 7S. ]t'jcavatian or Fill. No excavation or fill shad be mads except in oomeetien with Irvprovae
approved as provided in these 1..+enanta. For purposes of this Section, 'excavation" shad main any disturb/me of the
surface of the land (except to the extent reasonably necessary for approved iadacepe planting) which reaahe in a aemeval
of earth, rock, or other ahalance a depth of more than 18 inches below the mowed surface of the land. For the purposes
of this Section, 'fill' shed man my importation and placement of earth, rock or other substance a height of more than
eighteem inches (18") above the natural surface of the land.
Section 7.6. Wells. No well from which water, oil, or gas is produced shad be
reservoirs, or any Sham of power, telephone, o othernor shall storage '
utility lines (wins, pipe. or conduit) be made or apattatad
anywhere on the Property except m connection with water wells and works installed by Declarant; provided, however, that
the foregoing shell not prevent the drilling of or installation of additional water wells by Declarant.
Section 7.7. Sim. No sign of any kind shall be displayed to the
exceptthose public view on or from any portion of the
ebroperty signs approved by the Committal, ordinary and estate sale sips ot signs required by law.
Section 7.8. Egningigalosi. No animal, livestock, or poultry of any kind shall be kept, raised, or bred on any
portion of the Property, except dogs, cats, or other typical household pets and not more than six (6) horses per Lot (which
includes any horses kept in the Common Areas pursuant to the Rules) and 441 project animals, not including homes.
Household pets, such as dogs and cats, met be contained mon the Owner's Lot and ares pets may not be permitted to run
at large at any time. Approved humane kennels, nuns or other control measures shall be maintained to assure that domestic
pets do not stray from the Owner's property. Pedestrians within the Property who are accompanied by dogs must have the
dogs ceder the pedestrians' direct coot-el Sy tee e : _ :Josh not to exceed 10 feet is length.
Section 7.9. Dathne, No .Owner shall do :.r permit any work, cc•struct any lmprovumenta. mace any
landscaping. or suffer the existence of any comditiou weal:, wr s- which shall alter oc interfere with the drainer. • pattern for
the Property, except to the extentsuch alteration and drainage pattern is approved in writing by the Committee.
Section 7.10. alas, No trash, ashes, gas. %e, rubbish, debris or other refuse she!l be thrown, dumped or
allowed to accumulate on the Pnrperty. There shell.be no Burning of refire. Each Owner shall provide suitable receptacles
for the temporary storage and collection of refine. All such receptacles shad be screened from the public view and protected
from the wind. from animals and other disturbances. Each Lot shall be kept in a reasonably sanitary condition, free of
offensive odors and rodent and insect infestations.
Section 7.11. Temporary Structures. No temporary structures shall be permitted except u may be determined to
be necessary during construction and as ,pacifically ataboriad by the Committee.
Section 7.12. Towers._ and simian. No towers or exterior radio, television and communications antennae shall
be permitted without the prior written consent of the Committee. Dish receivers shall be screened from view.
Section 7.13. Outside Burning. There shall be no exterior fires, except barbecues, outside fireplaces and braziers.
No Owner shall permit any condition upon such Owner's Lot which creates a fire hazard or is in violation of fire prevention
regulations.
Section 7.14. Noise. No exterior horns, whistles, bells or other sound devices, except security devices shall be
placed or used on any portion of the Property'. Owners shall not permit any noise or disturbance on their respective Lots
which is offensive, disturbing or otherwise detrimental to any other person.
Section 7.15.i tin . No flood lighting, security lighting or other kind of high intensity lighting shall be
permitted without the approval of the Design Review Committee.
Section 7.16. Obstructions. There shall be no obstruction of any pedestrian, equestrian and fishing pathways and
easements or interference with the free use of those pathways and easements, except as may be rmsonably required in
connection with repairs. The Association shall promptly take such action as may be necessary to .abate or enjoin any
interference with or obstruction of pathways and easements, and the Association shall have a right of entry on say part of
-11-
the Property for the purposes of enforcing this Section, and any wets incurred by the Association in wmetxion with ascii
enforcement shall be specially assessed to the Owners or other persons reepceaible for tie interference.
Section 7.17. ibmkundiszaacithisinitin. Subject to governmental regulations, no buildings shall be placed,
erected, altered or permitted to remain on any residential tract other than one (1) single family dwelling, one (1) Juan or
caretaker dwelling unit, one (1) attached or detached garage and one (1) barn, stable or other non-residential outl trading
other than a garage and exceeding fifty (50) square feet.
Section 7.18. Building Character and Construction. All buildings erected on the Property shall be designed and
constructed within the following standards:
(a) Slyjg: A general style in harmony with traditional western or ranch architecture using low profile
human scale designs will be followed.
(b) Exterior Siding Materials: Traditional nuteria's such as stone, brick, logs, stucco, adobe or wood (but
not including plywood or sheet siding) shall be used.
(c) Roofing: Non -reflective materia:s shall be used.
(d) 4>4L: Colors should be muted and predominately earthtones.
at.) Prohibited Construction: The following building types and standards are prohibited: mansard roofs,
"Southern Manion", manufactures' homes, geodesic domes, A -frames, mobile homes, used or previously erected
structures.
(0 Minimum Size: The main dwelling homesit shall contain not less than 1,400 square feet of enclosed
habitable area on. Lots 1 through 4 and 2,000 square feet on the remaining lots and any guest house shall contain
no less than 400 square feet of enclosed habitable area.
Section 7.19, Fences: All fences shall be constructed of treated wood or cedar posts with four (4) strands of
smooth wire not ex.:eeding 42" in height. No steel posts shall be used. Other types of fences may be permitted adjacent
to buildings. An electric wire above such fence to control horses may be used.
Section 7.20. Service Facilities. All clothes lines, storage tanks, equipment, service yards, wood piles and similar
service facilities shall be screened by adequate plantings or fencing so as to conceal same from other lots and streets and
Section 7.21. Spring Access and Fencelines on the Eastern Lines of Lots 5 through 15. It is agreed and
acknowledged that the fencelines installed along the eastern boundaries of Lots 5 through 15 are on lines of convenience to
arotect the springs arising easterly of such Tots along with adjacent vegetation. The placement of said fences shall not be
taken as evidence of the true boundary line of each such lot and no claim of adverse possession or prescription shall arise
because of such placement. No owner or other persons shall install or relocate any fence further east than the current
enceline. Spring access shall only be obtained from the Common Areas and due care shall be taken to protect the quality
A water produced by each such spring and natural beneficial vegetation adjacent to each spring. No animals shall be kept
in any manner in the vicinity of such spring on any such lot and no spring shall be used by any (honer for stock watering
urposes on such Owner's Lot.
Section 7.22. Maintenance of Landscaping. Each Owner shall keep the Landscaping situate on his Lot in a neat
and well maintained fashion, shall properly irrigate the lawns, pastures and other planting on such Lot and otherwise maintain
ie appearance of such Lot in a first class condition. In default of such maintenance, the Association shall be entitled to
undertake such actions as are necessary to restore such landscaping and charge the Owner for same as a Default Aasearenent.
Section 7.23. Continuity of Construction. All Improvements commenced on the Property shall be prosecuted
_,lightly to completion and shall be complete within 12 months of commencement, unless an exception is granted in writing
by the Committee. If any Improvement is commenced and construction is then abandoned fur more than 90 days, or if
-12-
Bf`1K 815 PsGE370
coaatntction is nce completed within the required 12 -month period, then after notice and bearing as provided in the Bylaws,
the Association may impose a fine of not less the 150 per day on the Owner of the Lot until construction is resumed, or tie
Improvement is completed, as applicable, unless the Owner can prove to the satisfaction of the Board of Directors that such
abandonment is for circumstances beyond the Owner's control. Such charges shall be a Default Assessment and lien as
provided in Article IV above.
Seco.., 7.24. Minerals. No portion of the surface of the Property shall be used for the exploration, extraction or
storage of oil. gas, minerals, sand, gravel, rock or earth.
Section 7.25. Nuisances. No obnoxious or offensive activity shall be carried on within the Property so as to
unreasonably interfere with or disturb the use,. enjoyment and access of any other occupant of the Property, nor shall anything
be done or permitted which constitutes a public nuisance. No nuisance shall be permitted to exist or operate upon the
Property so as to be offensive or detrimental to any other part of the Property or its occupants.
ARTICLE VIII
INSURANCE AND FIDELITY BONDS
Section 8.1. Hazards Insurance. The Association shall obtain insnrnnce for all insurable Improvements, if any,
on the Common Areas in an amount equal to the full replacement value (i.e., 100 percent of the current "replacement cost"
exclusive of land, foundation, excavation, depreciation on personal property, and other items normally excluded from
coverage), which shall include all supplies, and any fixtures or equipment within the Common Areas.
Section 8.2. Liability Insurance. The Association shall obtain a comprehensive policy ofpuolic liability insurance
insuring the Association and its members for all liability for property damage, bodilyinjury, or death in connection with the
operation, maintenance, or use of the Common Areas and roads within Teller Springs, and legal liability arising out of
lawsuits related to employment contracts of the Association. Such comprehensive policy of public liability insurance shall
include a 'Severability of Interest Endorsement' or equivalent coverage which would preclude the insurance companyfrom
denying the claim of any Owner because of the negligent acts of the Association or any other Owner, with a limit not less
the 11,000,000 covering all claims for personal injury, including death, or property damage arising out of a_ single
occurrence. Such comprehensive policy of public liability insnnnce shall also include protection against water damage
liability, liability for non -owned and hired automobiles, liability for property of others and such other risks as shall
customarily be covered.
Section 8.3. Fidelity Insurance. The Association shall obtain fidelity bonds to protect against dishonest acts on the
part of its officers, directors, trustees, and employees, and on the part of all others who handle or am responsible for
handling the funds of or administered by the Association. Such fidelity coverage shall name the Association as an obligee
and shall be written in an amount equal to at least one hundred percent (100%) of the estimated annual operating expenses
of Teller Springs, including reserves. Such bonds shall contain waivers by the issuers of all defenses based upon the
exclusion of persons serving without compensation from the definition of 'employees,' or similar terms or expressions.
Section 8.4. Provisions Common to Hazard Insurance, Liability Insurance, and Fidelity Insurance. Any insurance
coverage obtained by the Association under the provisions of the preceding Sections shall be subject to the following
provisions and limitations:
(a) The named insured under any such policies shall be the Association, as attorney-in-fact for the Owners,
or its authorized representative who shall have exclusive authority to negotiate losses under such policies,
(b) In no event shall the insurance coverage obtained and maintained pursuant to such Sections he brought
into contribution with insurance purchased by the Owners, occupants, or their mortgagees.
(c) The policies shall provide that coverage shall not be prejudiced by (a) any act or neglect of the Owners
when such act neglect is not within the control of the Association or (b) by failure of the Association to comply
with any warranty or condition with regard to any portion of the Property over which the Association has no
control.
-13-
6P 1K sir) PAGE37i
(d) The policies shall provide that coverage may not be canceled or atbelantiallymodified
including
cancellation for nonpayment or premium) without at kat 30 days' prior written notice to any and
ail Fine
Mortgagees and insureds named in the policies.
(e) The policies shall contain a waiver of subrogation by the insurer as to any and all claims against the
Association and my Owner and their respective agents, employees, or tenants, and of any defenses based upon co-
insurance or upon invalidity arising from the acts of the insured.
(0 All policies of property insurance shall provide that, notwithstanding
which give the carrier the right to elect to restore in gshsettlement, nay prmch pf the hall not
be exercisable without the r written ° Itia of mr ia= a Pasoflictithsuch option shall not
prior approval of the Association or wbm iu conflict with the provisions of any
insurance mint agreement to which the Association may a be party or any requitement of law.
(g) No policy may be canceled, invalidated, or suspended on account of the conduct of any member of
the Board of Directors, officer, or employee of the Association without prior demand in writing delivered to the
Association to cure the defect and the allowance of a reasonable time thereafter within which the defect may be
cured by the Association, any Owner, or Mortgagee.
Section 8.5. Officers' and Directors' Personal Liability Insurance. To the extent obtainable at reasonable cost,
appropriate officers' and directors' personal liability insurance shall be obtained by the Association to protect the officers
and directors from personal liability in relation to their duties and responsibilities in acting as such officers and directors on
behalf of the Association.
Section 8.6, Worker's Compensation Insurance. The Association shall obtain worker's compensatirj or similar
insurance with respect to its employees, if any, in the amounts and forms as may now or hereafter by required by law.
Section 8.7. Chlarjamarce. The Association may obtain insurance
dissimilar nature, as it shall deem nate withagainst such risks, of a similar or
appropriate respect to the Association's reslwnsibilities and duties.
Section 8.8. Insurance Obtained by Owners. It shall be the responsibility of the individual Owners, and at thew
expense, to make arrangements in regard to title insurance on their Lot upon any resale, for hazard insurance on the
Improvements. personal property and furnishings located on their Lots and for public liability
In addit ion, each Owner mayadditional
_ coverage
insurance t covering their' Lots.
as such Owner concludes to desirable; provided, however, that none of such insuranceand o eraaeso to ined by an Ovvner
cd Owner's Lot
shall afloat any insurance coverages obtained by the Association or cause the diminutiort tithe coverages
obtained by the Association. Any such insurance obtained by as Owner shall include a waiver of the particular insurance
company's right of subrogation against the Asseciation and other Owners.
ARTICLE. IX
DAMAGE OR DESTRUCTION
Section 9.1. Association as Attorney in Fact. Each and every Owner hereby irrevocably constitutes and appoints
the Association as such Owner's tine and lawful attorney-in-fact in such Owner's name, place, and stead for the purpose
of dealing with the Improvements on the Common Areas upon damage or destruction as provided in this Article or a
complete or partial taking as provided in Article X below. Acceptance by any grantee of a deed or other instrument of
:onveyance from Declarant or from any Owner shell constitute appointment of the Association as attorney-in-fact as herein
,rovided. As attorney-in-fact, the Association shall have full and complete authorization, right, and power to make, execute,
and deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may
e nrr-enary or appropriate to exercise the powers granted to the Association as attorney-in-fact.
Section 9.2. Estimate of Damazes of Destruction. As soon as practical after an event causing damage to or
ALstruction of any part of the Common Areas, the Association shall, unless such damage or destruction shall be minor, obtain
o estimate that it deems reliable and complete of the costs of repair and reconstruction of that part of the Common Areas
,o damaged or destroyed. "Repair and Reconstruction" as used in the Article IX shall mean restoring the damaged or
destroyed Improvements to substantially the same condition in which they existed prior to the damage or destruction.
-14-
BOOK 815 PMcE372
Section 9.3. jimakalleasimais. As Boos as
diligently pursue to to repair and mon of tied after obtaining the sauna intra -t
for the Owners, the Aasocietion may tele any and all damaged as action* effect
t rear rte As apne echos fed
no consent or other actions by any Owner siell be y or appropriate action* b iat st atptrot b abatetrduri n and
period of insurance Oe y Assessments of the Aaxiatios the not be abated during the
adjustments sad repair ad rerwnetructios.
Section 9.4. bnolgigagatiaditssimmigia. The proceeds received by the Aaociation from any beard
insurance shall be used Mr the purpose of stir, replaroatat, and reconstruction. If the proceeds of ars iarwaaoe aro
insufficient to pay the a eimated or aced cost of such repair and teocaatrnaiez, the Association may, pursuant to Article
IV above, levy, anew, and collect in advance Brom all Owers, a Special Asseeseneat sutliciat to provide hats to pay such
estimated or actual cosy of stir and recoaeucriae.
Section 9.5. Disbursement of Funds Sat East j na• The in vane° proceeds held by the Association
cad the amounts received from the Special ,Assante tomtits a fend for the payaat of the cosy of repair and
recoeswction after cs n lay. It shell be deemed that the fint mosey diaberied is payees for the costs or repair ad
reconstruction shall be made frog insurance proceeds, sad the bideecs payment of all cosy of such repair ad roomiest/on,
such balance shell be distributed to the Owners a propoetion to he costrthutiont each Owner ads at e Special Assonant
to the Association, then in proportionate sures, first to the Mortgagees and then to the Owners, ne their interests appear.
Section 9.6. Decision Not to RehaiW If Osten repsasa ting at bast sixty-aevea percent (67%) of the total
allone ated forvote votes
in the Association (other thin Declarant) sad aixty_enw percent (67%) of the Fine Mortgagees (based upon
mortgage owned) of the Lola agree m writing not to repair and reconstruct and so alternative improvements
are authorized, then and in that event the Coosa Area shell be restated to its natural state ad aeiatained as an
undeveloped port ice of the Common Ansi by the Aaaociation in a sat and attractive condition, and any rosining insurance
proceeds shall be distributed in proportionate shares, first to the
Mortgagees and than to the Owers, as chair interests appear.
Section 9.7. Dumas or Destruction Affecting Log. Is the event of damage or destruction to the Improvements
located on any of the Loy, the Owner thereof shall proypfy repair sad restore the Improvements
prior to such damage or destruction. If seatdamagedsp ot their conditionfuch
repair or reaeotatioa is not commenced within 180 cites from the date of such
damage or destruction, or if repair and recosatruction is contoaced but thee abandoned for a period of more then 90 days,
then the As'mociation may impose a fine of not less than S50 per day on the Owner of the Lot until repair and reconstruction
is commenced, unless the Owner can prove to the satisfactiou of the Association that such failure is due to circumstances
beyond the Owner's control. Such fine shall be a Default Aseeaement and lien against the Lot as provided in Article IV
above.
ARTICLE X
CONDEMNATION
Section 10.1. Rights of Owners. Whenever all or any par of the Common Areas shall be taken of conveyed in
lieu of and under threat of condemnation by the Board of Directors acting as atfomey-in-fast for all Owners under
instructions from any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice
of the taking, but the Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation
proceeding, unless otherwise prohibited by law.
Section 10.2. Partial Condemnation: Distribut on of Award; Reconstruction. The award made for such taking shall
be payable to the Association as matte of all Owners to be disbursed as follows: If the taking involves a portion of the
Common Areas on which Improvements have been constructed, then, unless within sixty days after such taking Declarant
and Owners represe-ding at lust sixty-seven percent (67%) of the Class A votes in the Association shall otherwise agree,
the Association shall restore or replace such Improvements so taken on the remaining land included in the Common Areas
to the extent lands are available therefor, in accordance with plans approved by the Board of Directors and the Design
Review Committee. If such Improvements are to be repaired or restored, the provisions in Article IX above regarding the
disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does
not involve any Improvements on the Common Areas, or if there is a decision made not to repair or restore, or if there are
net funds remaining after such restoration or replacement is completed, then such award or net funds shall be distributed in
proportionate shares, first to the Mortgagees and then to the Owners, as their interests appear.
-15-
Pox 815 rAcE373
&aim 10.3. Quebardminets. Ifs II of Tenet Sprigs is tala condeemd, sold, or otherwise &posed
of in lie of or ia avoidance of conthermehea, thee the ages memad by dais Deciention shall Iseminste, and dr peaks
of tie oandenmatice award annimiaMs b the Comma Arms AM be distriaseed as provided in Section 10.2. shove.
IALTICLLICI
WCPANSION AND WITHDRAWAL
Section 11.1. llemesseka of Rink bregeee. Sageect so goveramosts1 regraletions, Declarant reserves the right,
bric ea not he °Mips* lo expend the effect of this Deciseniou to Meade all or part of certain e4oisine property.
Detriment deal have the unilateral right lo temsfer to any other p.. the risk to expend by say iestneneeet duly recorded.
The adjoins property t may be iscinded is descrthed ia 1&Sh4t It" al beet
Section 11.2. Ds of Mime Ea Such e, --w lay be acoonapitsieed by recording at Declaration of
Annexation in the mad of the Clerk sad leconier of Cilerishi Canty, Colon*, before hazy 1, 1991, doeteiesi the
mal property to be expanded, isimining it to dm comae, nonaboos and retictioas contained ie the Datherelion, aid
remedies kr warm Liable end Assist atheatitra as paraded in tie Deciereticra Such Declaration of Annantioa AMR
not require the cons of Omens Any wadi expesioa Sal be active upon 8 Mit; for neard of eel Decimation of
Annexatitm unless othenvies provided eeie. The samaine say be accemplaked in saw by anceensiva amtplemeses
or lane ampleematal expemion. Upee the recordeeioe of ay ack Deoleatioe of Ansmatiosi, the detheritions need is 8
Declaration eirdl be expended smanaticelly baa -pais and refer to Teller Springs as expeuded. Such Declaration of
Annention may add —pp' -_J oases; amain to Ohs seen property S inesation, or deka or modify provisions
of this Decimation as it applies to the e4,ining property added. HOWINe thim Section may not be modified with respect
to tint portion of the Property already sehject lo this Deilasmion, except as paraded below for meentiment.
Section 11.3. hoggiugagssuakinicodissaassax. Rea propetty which is not part of the Adjoining
land described m Exhibit 'IP nay be incorporated into the Property with the consent of two-thirds (2/3) of each clam of
Members.
=Mall
MORTGAGEE E
Section 12.1. Madismstimak. Unless at kat sixty-seven meant (67 %) of the First Mortgagees (based
on one vote for ach First Monger owned) ied at lens sixty -.sr,. permit (67%) of the Owners (other than Declarant)
have gine their prior writ* sppeovel, the Association shell am be NSW to:
(a) By as or omission asek to abandon, ancumber, sell, or hamster all at part of the Common Areas
(provided that S granting of emements for public utaitia afar other public purposes consistent with the intended
use of such Conon Anne shell not be deemed a transfer within the meaning of this clause);
(b) Change the method of determining the obligation, Assessments, dues, or other charges which may be
levied against aa Owner;
(c) By act or °emission change, waive, or abandon any scheme of regulations or their enforcement
pertaining to the architectural design or the exterior appearance or the exterior maintenance of Improvements which
are dwelling units, the maintenance of walks, fences, and driveways, if any, in the Common Areas and the upkeep
of lawns and planting;
(d) Fail to maintain fire and extended coverage on insurable common property in an amount not less than
100 percent of current replacement cost; or
(o) Use bawd insurance proceeds for losses to common property for other than the repair, replacement,
or reconstruction of such comma property.
Unless a First Mortgagee provides the Secretary of the Association with written notice of its otOctimi, if any, to
any proposed amendment of action outlined above within 30 days following the First Mortgagee's receipt of notice of such
-16-
BOOK 81.5 PlIE374
proposed amendment or aciou, the First Mortgagee will be deemed conclusive to have approved the proposed asneedmant
or action.
Section 12.2. ma First Mortgagees of Iota, individuefyor jointly, may pay faces or other charges
which are in default and whit`[ may or have become a charge against any of the Common Aron or Improvements thereon,
and may pay overdue premiums on hazard inamaace policies, or Beano new hexad insurance coverage on the lapse of a
ply, for the Common Arms. First mortgagees making such payments shall be ovaed immediate reimbursement from the
Amrx;ation.
Section 12.3. ritiggsitelitratiganam. Any holder of a First Mortgagee against a Lot pursuant to the
remedies provided in the First Martga t, including foreclosure of the First Mortgagee, will beliable for all Arguments
due and payable as of the date title to Oe Lot is acquired or could have bean acquired tma'ar the nattier of Coloredo
governing foreclosures, whichever is earlier. Such First Mortgagee sial( not be liable kr any unpaid dues and charges
attributable to the Lot which accrued prior to the date the First Mortgagee acquired title or could have acquired title tinder
the Colorado foreclosure stewed, whichever is earlier.
>aaii
$NFORCEMENT OF COVENANTS
Section 13.1. Violation jaggiatehat. Every violation of this Declaration or any other, of the Teller Springs
Documents is deemed to be a nuisance sed is subject to all the remedies provided %r the abatement of the violation. In
addition, all public and private remedies allowed at law or equity against anyone in violation of there Covenants stall be
available.
Section 13.2. Cd, Each Owner or other occupant of any part of the Property shall comply with the
provisions of the Teller Springs Documents as the same may be amended from time to time.
Section 13.3. Failure to Comely. Failure to comply with the Teller Springs Documents :ball be grotmds for an
action to recover damages or for injunctive relief to muse any each violation to be remedied, or both. Reasonable notice
-nd an opportunity for a hearing as provided in the Bylaws shall be given to the delinquent party prior to commencing any
DO proceedings.
Section 13.4. W irley Enforce. Any action to enforce the Documents may be brought by the Declarant or the
card in the name of the A aocianon on behalf of the Owners. If, alter a written request from an aggrieved Owner, ;,one
f the foregoing persons or entities commence an action to enforce the Tiller Springs Documents, then the aggrieved Owner
may bring such an action.
Section 133. Re)ngiag. In addition to the.. remedies set forth above in this Article XIII, any violation of the Taller
Springs Documents shall give to the Board or the Declarant, on behalf of the Owners, the right to enter upon the offending
--remises or take appropriate peaceful action to abate, remove, modify, or replace, at the expense of the offending Owner,
ty structure or condition that may exist thereon contrary to the intent and meaning of the Teller Springs Documents. If
me offence occurs on any easement, pathway, Common Areas or the like, the cure shall beat the expense of the Owner or
other person responsible for the offending coodition.
Section 13.6. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive.
Section 13.7. 74o W 'aver. The failure of the Board of Directors, Declarant, the Design Review Committee or any
griever'. Owner to enforce the Teller Springs Documents shall not be deemed a waiver of the right to do so for any
aubsequeat violation or of the right to enforce any other part of the Teller Springs Documents at any future time.
Section 13.8. No Liability. No member of the Board of Directors, the Declarant, the Design Review Committee
any Owner shall be liable to any other Owner for the failure to enforce any of the Teller Springs Documents at any time.
Section 13.9. Recovery of Costs. If legal assistance is obtained to enforce any provision of the Teller Sprays
cements, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of the Teller
-17-
H117K 815 P,TE375
Springs Documents or the restraint of violations of the Tiller Springs Documents, the prevailing Parry chaii Se entified to
recover all coats incurred, including reasonable attorney's hes.
ARTICLE XIV
DURATION OF COVENANTS AND AMENDMENT
Section 14.1. Tenn. This Declaration and any amendments or supplements hereto shall remain in effect from the
date of recordation until December 31, 2021. Thereafter these Covenants shall be urtomatica►ly extended for five successive
periods of ten years each, unless otherwise terminated or modified as provided below.
Section 14.2. Amendment, This Declaration, or any provision of it, may be terminated, extended, modified, or
amended, as to the whole or any portion of the Property, upon the written consent of more than sixty-seven percent (67%)
of the Owners (other than Declarant). Amendments made pursuant to this Section shall inure to the benefit of and be binding
upon all Owners of any part of the Property, their family, tenantr, guests, invitees, and employees and their respective heirs,
successors, and assigns. A certificate of a licensed abstract or tide company showing record ownership of the Property and
a certificate of the Secretary of the Association documenting votes held and voting rights exercised on the basis of such
ownership records shall be evidence of such ownership and voting representation for the purposes of any such amendment.
Section 14.3. When Modifications Permitted. Notwithstanding the provisions of the preceding Section, no
termination, extension, modification or s_.,,,,,ndment of this Declaration shall be effective in any event prior to December 31,
1999, unless the written approval of Declarant is first obtained.
Section 14.4. Amendment by Decjgrant. Notwithstanding any other provision of this Declaration, Declarant, acting
alone, reserves to Declarant the sole right and power to modify and amend this Declaration by executing and recording an
instrument setting forth the amendment. This right and power of the Declarant, acting alone, to amend this Declaration in
whole or in part, at any time and from time to time, shall be effective only with respect to any amendments recorded on or
before the sale of any Lot.
Section 14.5. Notice of Aluendment. Except in the case of Amendments made by Declarant pursuant to the
panting Section, no amendment of this Declaration shall be effective unless a written notice of the proposed amendment
is sent to every Owner sixty (60) days in advance of any action taken or purported to be taken and such Owner bas been
given the opportunity to vote or give its consent thereto.
Section 14.6. Effective on Recording. Any modification or amendment shall be immediately effective upso
recording in Garfield County, Colorado, a copy of such amendment or modification, executed and acknowledged by the
neeszai. y number of Owners and by Declarant, as required, accompanied by a certificate of a licensed abstract or title
company as to ownership, or alternatively, upon the recording in Garfield County, Colorado, or a copy of the amendment
or modification together with a duly authenticated certificate of the Secretary of the Association stating the the required
number of consents of Owners were obtained, as evidenced by a certificate of a license( tide or abstract company or other
authoritative evidence of compliance with the requirements of this Declaration regarding amendments, which shall be placed
on file in the office of the Association.
Section 14.7. Revocation. This Declaration shall not be revoked, except as provided in Article X regarding tote(
condemnation, without the consent of all of the Owners in a wntten instrument duly recorded.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.1. Severability. This Declaration, to the extent possible, shall be construed or reformed so as to give
validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable shall be
ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof.
Section 15 7 Construction. In interpreting words in this Declaration unless the context shall otherwise provide
or require, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall include
all genders.
-18-
r
eta 815
Suede 15.3. /Wes The MSS, sesinched ^only for the pops of saevasiest asdesms, rad they ahmr
Rat at ilmt inew+r biol of lire beeiwstioth
delivered ad Ratios 114 a . A#aeeiiw or marls a iredahilhe:is wrist Notice to a Oa hill it eansiysei
mei pent dtivay, or tYna (3) deo afar pestipit,.wboe est by stidinlhaeif, slum rensipt
eepuebth to ha addmss oral Owner on Ss is the rcordsdike Asseeihlise at the tits of melt
Beard, the Assseielion er tbs Design Review CotstiMssthellys aasidimed delivered Minim a. rkfirm ,
er tires sags tAr posting, what satby aaek$sd sfi, ,sten rav4t ealrs1d. to *0 pe d awry,
Cease at sadder as shall be established by tie:Assseis +,rhos tMiele timeth ens iS _ tir lenBawd or on
to al'hieesb»re or any deification thereof need not be certified but by mice to the htm nil Glen notion
any be sat flew tions mil.
Section 15.5. Waiver. No failure on the part of the Associetias, the Bored, or di Our urn° to jive notice of
detain or fit etrnefse or to delay in oxncl eg myright to remedy siallepente as s waiver. e.esptas specifically provided
above far the event the Board or Committee fails to respond to certain requests. No waiver srai'be effective alms it is is
mss, signed by the President or Vice Presiders of the Board m behalf of the Association, or by the Christ of the
Committee m behalf of the Committee.
Section 15.6. gigagragbainadg. In case of conflict between this Declaration and the Articles of
Incorporation or the Bylaws, this Declination shed control.
Section 15.7. ItidgAggarismdmits. Notwithstanding anything in this Declaration to the contrary, if nay of
the for c covenants,
of ,restidious, easements, or other moons of this Declaration shell be unlawful, void, or voidable
v
against perpetuities, then such provisions shall terminate on the death of the survivor of the sow
living ciildrm of ilia Itoysl Highness Charles, Prince of Wales, plus twenty-one (21) years.
Section 15.8. fit. Declarant may assign all or any part of De larant's.rights and roservarims herasder
to any successor who takes title to all or part of the Property in a bulk purchase for theof dove!
Such successor shall be identified, the particular rights being assigned shall be purpose,opmmt re cele,
specified, duly
tor the extant records
�O0°�mat the Clerk obligations shall be expressly seamed by such successor, all in a written instrument duly recorded in tie recarse
Recorder of Garfield County, Colorado.
Vi
STATE OF COLORADO
COUNTY OF GARFIELD
)ss.
Subscribed and sworn to before me this 14th
appeared before me.
WITNESS my hand and official seal.
My Commission Expires: 3/13/93
11.
D. Jeffery
day of October, 1991, by Ross D. Jeffery, who personally
�, Q