HomeMy WebLinkAbout1.0 Application7
BAr,coMB & Gnprcx, P.C.
ATTORIYEYS AT I]AW
P. O. DRA\VER 79O
818 COI-OI.ADO A\.ENUE
Gr-ENwooD SpRrNcs, Cor,oRA,Do af 6()2
OF CoUNSEL:
KENNETH BALCOMB
JoHN A. THULSoN
EDWARD MULHALL, JR,
Scorr BALCoMB
LAWRENCE R, GREEN
TrMorHY A. THULSoN
LoRI J. M, SATTERFIELD
EDwARo B. OLszEwsKr
DAV|o SANDoVAL
Telephone: 970.945.6546
Facsimile: 970.945.9769
September 8,2000
VIA HAND DELIVERY TO:
Mark Bean, Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Elk Springs. Filing 6. a Subdivision of Los Amigos Ranch PUD
Dear Mark:
On behalf of Los Amigos Ranch Partnership and in accordance with Section 5:00 of the
Garfield County Subdivision Regulations we are enclosing herewith three copies of all ofthe following
materials as the Final Plat submittal for Elk Springs, Filing 6, a Subdivision of Los Amigos Ranch
PUD:
1. Memorandum indicating the Applicant's response to the applicable conditions of the
Preliminary Plan approval for Los Amigos Ranch.
2. Final Plat, consisting of five sheets, for Coryell Ranch.
3. Engineering Plans and Specifications, for all subdivision improvements in Elk Springs,
Filing 6.
4. Draft Subdivision Improvements Agreement, with attached engineering cost estimate
of subdivision improvements, which addresses the cost of improvements, payment of
fees, etc. for Elk Springs, Filing 6.
5. Supplemental Declaration for Los Amigos Ranch PUD making Elk Springs, Filing 6
apart of the Los Amigos Ranch Homeowners Association.
6. Our check in the amount of $200.00 which is the application fee for the within Final
Plat.
ElAr-coMr! & GREEN, P.C.
AT..T'ORNEYS A,I. LA.w
Mark Bean, Director September 8,2000
Page2
We are at your service to answer any questions you may have about the enclosed material or in any
other way assist you in your review of these Final Plats.
Very truly yours,
LRG/bc
Encls.
xc: Greg Boecker (w/encls.)
BALCOMB & GREEN, P.C.
EBALCoMB & Gnppx, P.C.
ATTORNEYS AT I]A.w
P. O. DRA..WER 79O
818 COLORADO A\/ENUE
Gr,BNwooD SPRTNGS, CoLoRADo af 6()2
Telephone: 970.945.6546
Facsimile: 970.945.9769
January 19,2001
tEcEtvEDJANl92001
OF CoUNSEL:
KENNETH BALCOMB
JoHN A. THULSoN
EDWARD i.4ULHALL, JR.
Scorr BALCoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
LoRt J. M. SATTERFTELD
EDWARD B. OLSzEwsKr
DAVID SANDoVAL
CHRTSToPHER L. GETGER
ANNE MARIE CALUHAN
VIA HAND DELIVERY TO:
Mark Bean, Planning Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Elk Springs Filing 6
Dear Mark:
Per our discussion yesterday, I am herewith delivering to you the Subdivision Improvements
Agreement for Elk Springs Filing 6 as signed by Los Amigos Ranch Partnership. You will see that
paragraph 4a. provides for a deposit of security in the amount of $40,660.00, which is the cost for
completing the subdivision improvements as certified by SGM on the Certification which is attached
as Exhibit B to the SIA. Dean Gordon advises that he has confirmed the numbers set forth on
Exhibit B with the County Engineer.
Also attached is a Power of Attorney, by which Thomas E. Neal has granted Greg Boecker
the authority to sign the Final Plat. This Power of Attorney will need to be recorded simultaneously
with the Plat and SIA.
The original mylar of the Final Plat has been signed on behalf of the owner and all of its
representatives, and was delivered to Sam Phelps for his signature this morning. Sam indicated that
he would do his best to sign it today and get it over to you, but failing that, he indicated he would
have it to you by Monday.
BAr,coMrB & GREEN, P.C.
A'I"I'ORNDYS A'Il LAW
Mark Bean, Planning Director
Thanks for your help on this. As always, please call me with questions or comments.
Very truly yours,
BALCOMB & GREEN, P.C.
By_
LRG/bc
Encls.
xc: Greg Boecker
/,1/
January 19,2001
Page2
2001.
Enclosuri:
P. O. Box 1069, Glenwood Springs, CO 81602-1069 (e70) e4
ICEIVED SEP O S
GEORGIA CHA
Treasurer and Public Tt
September 8, 2000
RE: Payment of T'axes: Los Amigos Ranch Partnership
Schedules: 1 i 1328, I I l9-s7, 050064. 01 I 549, 011346
The 1999 taxes payable in 2000 on the above schedules are paid. The schedules are listed on the
1999 tax ro11 under the narne of Los Amigos Ranch Partnership. 'Ihe legai description of each schedule and
the amount of the i999 taxes are described on the individual
to this letter.
of 'Iaxes Due which are attached
become payable on January 1,The 2000 taxes payable in 2001 are not yet calculated anrl wi
(ieorg Chamberlain
Garfield Coun|
Report Date: 09/08/2000 04:34PM GARFIELD COLINTY TREASI-IRER
STATEMENT OF TAXES DTIE
SCHEDULE NO: Rl11328
ASSESSED TO:
LOS AMIGOS RANCH PARTNERSHIP
2929 COUNTY ROAD 114
GLENWOOD SPRINGS, CO 8160I
LEGAL DESCRIPTION:
SECT,TWN,RNG:32-6-88 DESC: W1/2SE BK:0535 PG:0807 BK:0587 PG:0501 BK:0865 PG:0080 BK:0896
PG:0799 BK:0901 PG:0362 BK:1044 PG:0426 BK:1044 PG:0464
PARCEL:218732400080 SITUS ADD:CARBONDALE
TAXYEAR CHARGE
1999 TAX
TOTAL TAXES
cna.Nn rorli DUE AS Or OglOcl2ooo
ORIGINAL TAX BILLING FOR 1999
Authority
GARFIELD COUNTY
SPRING VALLEY SANITATION
CARBONDALE & RURAL FIRE
TAX DISTRICT OI2 -
BASALT WATER CONSERVANCY DISTRICT
COLORADO RIVER WATER CONSERVATION DIST
SCHOOL DISTRICT RE-1
COLORADO MOUNTAIN COLLEGE
TAX AMOTNT INTEREST
26.48 0.00
1R-MFI
Amount
3.63
0.50
1.74
0.03
0.t2
16.98
1.50
PAID TOTAL
26.48
Actual
1,400
0
0
1,400
FEES
0.00 00
00
Mill Levy
8.812
1.222
4.253
0.082
0.282
41.445
3.655
Values
Land
Exempt
Improve
Total
10
0
0
64.594 26.48 - TAXES FOR 1999
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND'THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR To REMITTANCE AFTER THE FOLT,OWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 01-JAN-97.
REAL PROPERTY. SEPTEMBER 1. TAX LIEN SAI,E REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIF]RS CHECK'
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970\ 945-6382
Page:1
4t0
Report Date: 09 I 0812000 04:34PM GARFIELD COTINTY TREASTIRER
STATEMENT OF TAXES DTIE
Page:1
SCHEDULE NO: Rl11957
ASSESSED TO:
LOS AMIGOS RANCH PARTNERSHIP
2929 COUNTY ROAD 114
GLENWOOD SPGS, CO 8160I-9391
LEGAL DESCRIPTION:
SECT,TWN,RNG:5.7-88 DESC: ALL THOSE PART OF LOTS 2,3,4,5,7,8,9,10,SWNE,SENW, DESC: NESW'
& LOT 4 SEC 8. SEC 6 LOT 2(32.20AC),3(4s.20 DESC: AC), 4(39.79AC), s(40.AC), 6(38.98AC),
7(3S.l7AC), DESC: 9(30.04AC), 8(32.46AC) N. OF CO. RD. lI4,SWNE,NWSE DESC: SEC 7 LOT
10(39.77AC), tt(25.29AC). SEC 8 LOT 6 DESC: (30.77AC) &5(31.92AC) EXCEPT CO RD 3.774C-
EXCEPT DESC: LOS AMIGOS RANCH SUB-DIV #2FLG2 &FLG 3&4. BK:0650 PG:0574 BK:0982
PG:0103 BK:0995 PG:0534 BK:0995 PG:0529 PRE:RI11509
PARCEL:239305200007 SITUS ADD:CARBONDALE
TAXYEAR CHARGE
1999 TAX
TOTAL TAXES
TAX AMOTINT
2.031.70
INTEREST
0.00
PAID
2,031.70
TOTAL Dt'EFEES
0.00
cnlwo TOTAL DtrE AS OF 09/08/2000
0.00
0.00
0.00
ORIGINAL TAX BILLING FOR 1999
Authority
GARFIELD COUNTY
CARBONDALE & RURAL FIRE
BASALT WATER CONSERVANCY DISTRICT
COLORADO RIVER WATER CONSERVATION DIST
SCHOOI- DISTRICT RE-1
COLORADO MOUNTAIN COLLEGE
TAX DISTRICT 011 1R-MF
Amount
282.51
136.35
2.63
9.04
1,328.72
I17.18
Mill Levy
8.812
4.253
0.082
0.282
41.445
3.655
Values
Land
Exempt
Improve
Total
Actual Assessed
110,560 32,060
00
00
I10,560 32.060
63.372
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE IO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CoNTACTED PRIoR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - OI.JAN.97,
REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOLTNTS MUST BE PAID BY CASH OR CASHIERS CHECK'
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970\ 94s-6382
2,03'1..70 - TAXES FOR 1999
Report Date: 09 I 0812000 04:34PM GARFIELD COLTNTY TREASTIRER
STATEMENT OF TAXES DUE
Page: 1
SCHEDULE NO: R050064
ASSESSED TO:
LOS AMIGOS RANCH PARTNERSHIP
2929 COUNTY ROAD 114
GLENWOOD SPGS, CO 8160I-9391
LBGAL DESCRIPTION:
SECT,TWN,RNG:31-6-88 DESC: SEC 31 LOT 2(44.6r) SE SEC 32 S1/2Sw 36-6-89 N1/2 DESC: (NET
310.8A) BK:0545 PG:0099 BK:0650 PG:0574 BK:0775 PG:0165 BK:0775 PG:0173 BK:0799 PG:0048
BK:0982 PG:0103
PARCEL: 218731400048 SITUS ADD:6-88 SEC 31-32 6-89SEC36
TAXYEAR CHARGE
t999 TAX
TOTAL TAXES
TAX AMOT]NT
2,698.20
INTEREST
0.00
PAID
2,698.20
TOTAL DLIE
0.00
0.00
FEES
0.00
cnaNt rorAl. DuE AS OF Oq/OcrOOo 0.00
ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT OO5 - lG-M
Authority
GARFIELD COUNTY
BASALT WATER CONSERVANCY DISTRICT
COLORADO RIVER WATER CONSERVATION DIST
SCHOOL DISTRICT RE-I
COLORADO MOUNTAIN COLLEGE
Mill Levy
8.812
0.082
0.282
41.445
3.655
Amount
4W.t9
3.74
12.87
1,891.55
166.8 l
Yalues
Land
Exempt
Improve
Total
Actual Assessed
157,380 45,&0
00
00
157,380
FOR L999
45,@0
59.1 19 2,698.20 - TAXES
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CoNTACTED pRIoR To REMITTANCE AFTER THE FoLLowING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 01-JAN-97'
R-EAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOTINTS MUST BE PAID BY CASH OR CASHIERS CHECK'
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970) 94s-6382
ReportDate:091081200004:34PM GARFIELDCOLiNTYTREASURER
STATEMENT OF TAXES DTIE
Page: I
SCHEDULE NO: R0l1549
ASSESSED TO:
LOS AMIGOS RANCH PARTNERSHIP
141 W JACKSON BLVD STE I72O
CHICAGO, IL 60604-300I
LEGAL DESCRIPTION:
SECT,TWN,RNG:32-6-88 DESC: SESE(36.21 AC). BK:0550 PG:0629 BK:0577 PG:0906 BK:0577 PG:0890
BK:0586 PG:0086 BK:0601 PG:0918 BK:0601 PG:0930 BK:0602 PG:0457 BK:0602 PG:0436 BK:0602
PG:0447 BK:0602 PG:0449 BK:0609 PG:0622 BK:0609 PG:0630 BK:0635 PG:0907 BK:0635 PG:0899
BK:0647 PG:0898 BK:0647 PG:0906 BK:0650 PG:0574 BK:0646 PG:0579 BK:0658 PG:0221 BK:0658
PG:0229 BK:0658 PG:0235 BK:0658 PG:0243 BK:0658 PG:0250 BK:0658 PG:0258 BK:0658 PG:02&
BK:0658 PG:0272 BK:0663 PG:0035 BK:0663 PG:0043 BK:0663 PG:0049 BK:0663 PG:0057 BK:0668
PG:0326 BK:0668 PG:0333 BK:0668 PG:0339 BK:0668 PG:0346 BK:0686 PG:0316 BK:0686 PG:0309
BK:0686 PG:0329 BK:0686 PG:0322 BK:0686 PG:0342 BK:0686 PG:0335 BK:0694 PG:0322 BK:0694
PG:0329 BK:0694 PG:0335 BK:0694 PG:0342 BK:0694 PG:0309 BK:0694 PG:0316 BK:0718 PG:0669
BK:0718 PG:0676 BK:0731 PG:0757 BK:0731 PG:0759 BK:0731 PG0764 BK:0841 PG:0512 BK:0857
PG:0673 BK:0857 PG:0691 BK:0857 PG:0685 BK:0857 PG:0679 BK:0875 PG:0138 BK:0875 PG:0141
BK:0875 PG:0135 BK:0875 PG:0144 BK:0880 PG:0724 BK:0982 PG:0103
PARCEL: 218732400084 SITUS ADD:CARBONDALE
TAXYEAR CHARGE
1999 TAX
TOTAL TAXES
TAX AMOT]NT INTEREST FEES
187.32 0.00 0.00
PAID TOTAL DT]E
t87.32
GRAND TOTAL DTIE AS OF O9/08/2OOO 0.00
ORIGINAL TAX BILLING tr'OR 1999 TAX DISTRICT 012 - IR-MFI
Authority Mill Levy Amount Values Actual Assessed
GARFIELD COUNTY 8.812 25.55 Land 10,000 2,900
SPRING VALLEY SANITATION 1.222 3.54 Exempt 0 0
CARBONDALE & RURAL FIRE 4.253 12.34 Improve 0 0
BASALT WATER CONSERVANCY DISTRICT 0.082 0.24
COLORADO RIVER WATER CONSERVATION DIST 0.282 0.82 TOTAI 1O,OOO 2,900
SCHOOL DISTRICT RE-l 41.445 L2O.I9
COLORADO MOUNTAIN COLLEGE 3.655 10.60
64.5e4 187.32 - TAXES FOR 1999
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 0I-JAN-97,
REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOT]NTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970) 94s-6382
0.00
0.00
ReportDate:09108t200004:35PM GARFIELDCOUNTYTREASLIRER
STATEMENT OF TAXES DI-IE
Page:1
SCHEDULE NO: ROl1346
ASSESSED TO:
LOS AMIGOS RANCH PARTNERSHIP
2929 COUNTY ROAD 114
GLENWOOD SPGS, CO 81601-9391
LEGAL DESCRIPTION:
SECT,TWN,RNG:32-6-88 DESC: LOT 7(26.964). IN SEC 33 LOT l8(3.38A) &t9(2.02A) BK:0545 PG:0099
BK:0650 PG:0574 BK:0646 PG:0579 BK:0775 PG:0165 BK:0775 PG:0173 BK:0799 PG:0048 BK:0841
PG:05 12 BK:0982 PG:0103
PARCEL: 2t8732400085 SITUS ADD:6-88 SEC 32-33
TAXYEAR CHARGE
1999 TAX
TOTAL TAXES
GRAND TOra,l, prre AS oF 09/08/2000
TAX AMOTINT INTEREST FEES
87.20 0.00 0.00
PAID TOTAL DTIE
87.20 0.00
0.00
0.00
ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 012 - lR-MFl
Authority
GARFIELD COUNTY
SPRING VALLEY SANITATION
CARBONDALE & RURAL FIRE
Mill Levy Amount Yalues Actual Assessed
8.812 11.90 Land 4,640 1,350
BASALT WATER CONSERVANCY DISTRICT 0.082
COLORADO RIVER WATER CONSERVATION DIST 0.282
SCHOOL DISTRICT RE-I
COLORADO MOUNTAIN COLLEGE
1.65 Exempt
5.74 Improve
0.1I
0.38 Total 4,640 1,350
1.222
4.253
00
00
41.445 55.95
3.65s 4.93
64.5s4 87.20 - TAXES FOR 1999
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CoNTACTED PRIoR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - O1.JAN-97,
REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOTJNTS MUST BE PAID BY CASH OR CASHIERS CHECK'
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970) 94s-6382
TO:
FROM:
RE:
' kEGEIVED s-EP_ 0 s 2mlwo
Garfi eld County Commissioners
Los Amigos Ranch Partnership
Response to Preliminary Plan Conditions and Final Plat Requirements
The representations of the Applicant shallbe considered conditions of approval.
The Applicant so stipulates.
Prior to submittal of a Final Plat, all properry shall be annexed into the Carbondale
and Rural Fire Protection District that is not presently in the District.
All Los Amigos Ranch PUD properfy that was not already in a fire district has been
annexed into the Carbondale and Rural Fire Protection District.
All conditions of approval contained in Resolution No. 98-30, shall be considered
conditions of approval, except for the removal of conditions #5 and #6 and the
modification of Condition #13.
See Conditions of Resolution No. 98-30 below.
The Neighborhood Commercial lot may be subdivided further, subject to meeting
the Preliminary Plan requirements for subdivision contained in the Garfield County
Subdivision Regulations at the time of resubdivision.
This is not applicable to this Filing.
CONDITIONS OF RESOLUTION NO.98.30
All representations of the applicant, either within the application or stated at the
public hearings before the Planning Commission and the Board of County
Commissioners shall be considered conditions of approval, unless stated otherwise
by the Planning Commission and the Board of County Commissioners.
The applicant so stipulates.
The Homeowner's Association shallbe included as a part of the Los Amigos HOA
and incorporated into it in accordance with the Colorado Revised Statutes. The
protective covenants, articles of incorporation and other Homeowner's Association
documents including by-laws will be submitted for review by the County Attorney
prior to the approval of the Final Plat.
The Applicant submits the following list of responses to the Elk Springs, Filing 6, Final Plat
requirements as set forth in the Applicable Preliminary Plan approval.
AMENDED PRELIMINARY PLAN APPROVAL FILINGS 6-10 - RESOLUTION NO. 99-IO2
Condition No.
Response:
Condition No. 2:
Condition No. 3:
Response:
Condition No. 4:
Condition No.
Response:
Condition No. 2:
I
Response:
Response:
Condition No. 3:
Response:
Condition No. 4:
Response:
Condition No. 5:
Condition No. 6:
Condition No. 7:
Response:
Condition No. 8:
Response:
Condition No. 9:
Response:
Condition No. l0:
Response:
Condition No. 1l:
Response:
ConditionNo. l2:
The Supplemental Declaration includes EIk Springs, Filing 6 in the Los Amigos
Ranch HOA. The other requested documents are included.
The applicant shall pay $200.00 per lot in Road Impact Fees prior to the approval
of the FinalPlat.
See draft SIA.
All recommendations of the Colorado State Forest Service regarding wildfire
protection will be incorporated into the covenants, including the design guidelines
identified in the NFPA 299 standards for the Protection of the Life and Property
from Wildfire.
See Supplemental Declaration and Design Requirements and Guidelines pages 3
and 4.
Removed by Resolution No. 99-102.
Removed by Resolution No. 99-102
The RR Lots l-3 easements for water and access purposes and the RR Lot 3
building envelope.
This is not applicable to this Filing.
Required Plat Notes (A) - (H).
See FinalPlat, Supplemental Declaration and Design Requirements and Guidelines.
Plat Note (B) is not applicable to this Filing.
A new phasing plan, consistent with Section 4:34 of the Garfield County
Subdivision Regulations, as submitted by the applicant, has been accepted by the
Board of County Commissioners and incorporated into the approval of the
Preliminary Plan, during the public hearing.
This Filing complies with the phasing plan.
That the applicant comply with all of the recommendations of the Division of
Wildlife noted in a letter dated 3/l l/98.
See Supplemental Declaration and building envelopes on Lots 6 and7.
At the time of each Final Plat, properly formatted computer disks will be provided
to the County that will transfer the plat information to the County Assessor's CAD
system and the County Geographic lnformation System.
The applicant so stipulates.
As a result of the determination ofthis Board set forth in Findings paragraph 5. (See
above), as a condition of approval the method of sewage disposal shall be a low
Response:
Condition No. 13:
Response:
Condition No. 14:
Response:
pressure central sewage disposal system of a type similar to that proposed by the
Garfield County Engineer, with the cost of the central sewage line to be borne by
the developer.
See engineering drawings and proposed Subdivision Improvements Agreement.
The Rural Residential lots shall be allowed to utilize individualsewage disposal
systems.
This is not applicable to this Filing.
The monitoring and eradication of all noxious weeds shall be the responsibility of
the Los Amigos Ranch Homeowners Association.
See Design Requirements and Plat Note.
AMENDED AND RESTATED
BYLAWS-r
LOS AMIGOS RANCH HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
GENERAL
1. Definitions. The definitions contained in the Amended
and RestatilffiEEion of Covenants, Conditions and Restrictions
iot Los Amigos Ranch Planned Unit Developmentf Garfield County,
Colorado (Deilaration), recorded in the Garfield County, Colorado,
clerk and Recorder's records, shall appty to the same words
whenever used in these By1aws and shown with the first letter
capitali zed.
2. Principal office. The principal office of the
corporatioffiCountyRoadLL4,G1enwoodSprings,
col-orado 81601. The Board of Directors in its discretion may keep
and maintain other offices within or without the State of Colorado
whenever the business of the corporation may require.
ARTICLE II
MEMBERSHIPS
1. Memberships. AII Owners of Lots within the Properties
shall be nffi-ners-in gne corporation. The corporation shall have
two (21 classes of voting membership as fol}ows:
(a) class A Members shalI be aII Owners of Lots,
excluding Declarant. Owners of Single-Fqmity anq Rural
Residential Lots shall be entitled to one (1) vote for each
such Lot owned and Owners of Multi-FamiIy Lots shall be
entitled to three (3) votes for each such Lot owned. VJhen
more than one person holds an interest in any Lot', aII such
persons shall -Ue members. The vote for such Lot shall be
exercised as they determine, but in no event shall more than
the votes allocaled to a Lot be cast by or on behalf of any
Lot.
(b) Class B Members shall be Declarant (as defined in
the Deciaration) which shall be entitled to three (3) vot99
for each Single-Family and Rural Residential Lot and nine (9)
votes for eaih Multi-Family Lot owned or planned for the Los
Amigos Ranch Planned Unit Development, but excluding that
por[ion of the planned unit development known as Subdivision
t. Class B memLership shall cease and be converted to Class
A membership when the total votes outstanding in Class A
membership Lquaf the total votes outstanding l-n Class B
membershi|. fieclarant may cast aII Class B votes held by it,
imespective as
membership have
to whether
been finally or not Lots subJect to Class B
platted.
2.A membership in the corPorationZ. l!qllpIgM taglrug!pIlll,rp. 4 Ugaawg!erlrt,
and the share of a membei in the assets of the corporati-on shall
not be transferred, pledged or alienated in any way except uPgn
transfer of title tb the Owner's Lot, and then only to the
transferee with title to such Lot. The corporation shall be
entitled to treat the person or persons in whose name or names the
membership is recorded on the books and records of the corporation
as a member until such time as evidence of transfer of title,
satisfactory to the corporation, has been submitted to the
secretary. -The right to vote may not be severed or separated from
the Lot ownership to which it is appurtenant, and any s919r
transfer or conveyance of such Lot to a new Orrner or Ovrners shall
operate to transfer the appurtenant vote without the reguirement of
any express reference thereto in the instrument of conveyance.
3. Votinq Rights. Where the vote of the members is required
or permitted bt Efre Declaration, the statues of the State of
Colorado, the articles of fncorporation or these Bylawsr dnY one of
the co-Ourner's of a membership present or represented by proxy may
cast such of O,rr/ner's votes. Proxies must be executed in writing by
the Orrner or co-Owner or his duly authorized attorney in fact and
must be filed with the secret,ary before the appointed ti-rne of each
meeting. No proxy shall be valid after eleven months from the date
of its execution unless othe:rpise provided in the proxy. The
corporation may suspend the voting rights of a member for failure
to comply with rules and reg.ulations of the corporation or for
failure to comply with any other obligations of the Owners under
the Declaration.
4. Annual }rleetings. An annual meeting of the members for
the purpose of voting on such matters as properly may come before
the meeting sha1l be held on the 6th day of September of each yeSr
at a convenient location in Garfield County, Colorado, to be
selected by the Board of Directors. Directors shall be elected at
every second annual meeting beginning in L992.
5. Special Meetings. Special meetings of the members may be
called at any time by the president or by a maJority of the Board
of Directors or by twenty percent (20t) affirmative vote of the
membership, and shall be held at a convenient location in Garfield
County, Colorado, to be selected by the persons calling the
meeting.
6. Notices; Waiver. Notices of annual and specj-al meetings
of the members must be given in writing and must state the place,
day and hour of the meeting and, in case of a special meeting, the
purpose or purposes for which the meeting is called. Such notice
shall be delivered not less than 10 nor more than 50 days before
the date of the meeting, by or at the direction of the qresident,
or the secretaryr oE the persons calling the meeting, and shall be
given to each Or^rner or co-Ofner of a membership entitled to vote at
such meeting.
Any notice given pursuant to this Article If shall be deemed
to be dElivered 6hen d6posited in the United States mail addressed
to such Ourner or co-Orrner at his address as it aPpears on the
records of the corporation, with postage thereon prepaid.
Written waiver of notice signed by the Person or Personsentitled to such notice, whether Sefore br after the time stated
therein, sha1l be equivalent to the giving of such notice.
7. Ouorum; Vote Required; Adjournment. One-ha1f of the
votes, represented in person or by proxy, shall constitute a guoTum
at any meeting of members. If a quorum exists, the action of a
malority of thL votes present or represented by proxy shall be the
acf, of f,he members. If a quonrm does not exist, a majority of _thevotes present in person of by proxy may adjourn the meeting from
time to time without further nolice other than announcement at the
meeting.
8. Action of Members Without a Meetinq. Any action required
to be taken, or any action which may be taken, at a meeting of the
members, may be tiken without a meeting if a consent in writing,
setting forLh the action so taken, shall be signed by aIl of the
Owners and co-Ovrners of memberships entitled to vote with respect
to the subject matter thereof.
ARTICLE III
BOARD OF DIRECTORS
1. Number. The Board of Directors shall consist of three
(3) members. The number of directors may be increased or decreased
iy-arnendnent of these Bylaws; provided, however, that the number of
directors shal1 not be reduced to fewer than three (3) nor
increased to more than aeven (?)i and, provided further, that no
decrease in the number of directors by amendment of these Bylaws
shall have the effect of shortening the term of any incumbent
director.
2. Oualification: Election; Term. Directors need not be
members of the corporati-on, need not be residents of the State of
Colorado, and shall be elected by the members of the corporation at
their annual meeting as provided by above. The currently senring
directors consisting of Barbara M. NeaI, Thomas E. NeaI and Gregory
S. Boecker shall serve until the annual meeting in L992, and until
their successors are duly elected and gualified.
3
Directors shall be elected for a term of two (2) years, ot until
their successors are duly elected and qualified'
3. Removal; Resiqnation. At anY meeting of members, the
notice of wtr-icn indicates srffi-purpose, directors may be removed in
the manner provided by the statutes of colorado. Any director may
resign by iubmitting a written notice to the Board stating tl''
effective date of his resignation, and acceptance of the
resignation shall not be necessary to make the resignation
ef f ecti-ve.
4, Vacancies. Any vacancy in the Board of Directors and any
direciorshlF toTe fiIlei by reaion of an increase in the number of
directors may be filled by in affirmative vote by a majority of the
remaining di-rectors, thoigh less t'han a guorum, of -t-he Board' A
director selected to fill I vacancy on the Board shall hoLd office
for the unexpired term of his predecessor in office' Any
directorship t'o ne filled by reason bt an increase in the number of
directors may be filled uy tne Board of Directors for a term of
office continuing only until the next election of directors.
5. Meetinqs. There shall be a regular annual meeting of the
Board immeaiaEfffollowing the annual meeting of the members of
the corporation, -and the Boird may establ-ish regular meetings to be
held at such other places and at such other times as it may
determine from t,ime to time. After the establishment of the time
and place for such regular meetings, oo further notice thereof need
be fi.ren. siecial ireetings of the. Board may be called by the
prejident, ot'rrpot, written request delivered to the secretary of
Lhe corporation, by any two directors'
6. Noticesi Waivers. Three days' notice of special meetings
sha1Iregffictorbythesecretary.Suchnoticemayt; given in person, orally, or in writing to each director'
peitier the buiiness to be iransacted at, nor the purpose of, alY
regular or special meeting of the Board of Directors need to be
sp6cified in the notice or waiver of notice of such meeting'
Written waiver of notice signed by a director, whether before
or after the time stated therein, shall be equivalent to the givi[t9
of such notice. Attendance of a director at any meeting shall
constj.tute a waiver of notice of such meeting except when a
director attends a meeting for the express purpose of objecting- !o
the transaction of any buslness because the meeting is not Iawfully
called or convened.
7. Quorum; Vote RequirPd; AdiournmErnt... In any meeting of
the Board irectors acting anq
qualified, sha1I- con;titute a quorum for the transaction of
6usiness. The act of a majority of the directors present at a
meeting at which a quorum is present sha]I be the act of the Board
of Directors, except as otherwise specifically required by law, the
Articles of fncorporation or these Bylaws. If a quorum does not
exist, a majority of the directors present may adjourn the meeting
from to time without further notice other than announcement at the
meeting.
8. Action of Directors Without -a. -Meetinq. Any action
required ion which may be taken, dt a
me6ting of the directors, may be taken without a meeting if a
consent in writing, setting fbrth the action so taken, shall be
signed by all of the directors entitled to vote with respect to the
subject matter thereof .
g. Executive Committee of Board of Difectgr.s.. The Board of
Directorsr the directors in
officer ffidY designate and appoinL an Executive Committee of the
Board. The numbdr of memfeis of the Executive Committee and the
persons who shall be members thereof shalt be determined by the-goard but the number of such members shall not be fewer than two
(Z). Unless limited by resolution of the Board, the Executive
iommittee shall have and exercise all the authority of the Board of
Directors, except that such Committee shall not have the authority
of the Board of Directors in reference to amending, altering or
repealing the Bylawsi electing, appointing or removing any member
of such Eommittee or any offiter or director of the corporationi
amending the Articles of Incorporationi restating the Articles of
fncorpoiation; adopting a plan of merger or adopting a plan-of
consolidation with another corporation; authorizing the saIe,
Iease, exchange or mortgage of aII or substantially all of the
property and issets of the corporation; authorizing the voluntary
lisiotulion of the corporation or revoking proceedings therefor;
adopting a plan for the distribution of assets of the corporation;
or imendirg, altering or repealing any resolution of the Board of
Directors wfricfr, by its terms, provides that it shalI not be
amended, altered oi repealed by such Committee. AIl of the
provisions in these By1aws with respect to notice of meetings of
directors, quorum at luch meetings, voting at suc-h meetings and
waivers of notice of such meetings shall be applicable to the
meetings of the Executive Committee.
10. Compensation. By resolution of the Board of Directors,
any direct6-mEfBE]-aid any one or more of the f ollowing: !i"ex!ens"", Lf aiy, of attendance at meetings; a fixed sum for
atlendance at eath meeting; or a stated salary as director' No
such payment shalt preclude any director from serving the
corporition in any olher capacity and receiving compensation
therefor.
ARTICLE IV
OFFICERS
1. General. The officers of the corporation shall consistof a presi-Gf,one or more vice presidents, and a secretary/treasurer, each of whom shall be appointed by the Board ofDirectors to serve for terms not exceeding one (1) year as
prescri-bed by the Board. The Board of Directors may appoint suchother officers, agents, managers and employees as it may deem
necessary or desirable. Officers may be, but need not be,directors or members in the corporation. Any person may hold twoor more offices simultaneously, except that the president shall nothold any other office.
2. President. The president shall be the principal
executiveo-ffi-fthecorporationand,subjecttothecbntro1ofthe Board of Directors, shall direct, supervise, coordinate and
have general control over the affairs of the corporation, andshall have the powers generally attributable to the chief executiveofficer of a corporation. The president shall preside at aIl
meetings of the members of the corporation.
3. Vice Presidents. Vice presj.dents may act in place of thepresidentffideath,}bsence,inabiIityorfai1ureto
act, and shal1 perform such other duties and have such authority asis from time to time delegated by the Board of Directors or by the
president.
4. Secretary. The secretary shall be the custodian of the
records and-of the seal of the corporation and shall affix the seal
to alI documents requiring the same; shall see that all notices are
duly given in accordance with provisions of these Bylaws and as
required by law, and that the books, reports, and other documents
and records of the corporation are properly kept and filed; shall
keep minutes of the proceedings of the members, Board of Directors
and Executive Committee; sha1l keep at the registered office of the
corporation a record of the names and addresses of the Owners and
co-Owners entitled to vote; and, in general, shall perform allduties incident to the office of secretary and such other duties asRdy, from time t,o time, b€ assigned to him by the Board ofDirectors or by the president. The Board may appoint one or moreassistant secretaries who may act in place of the secretary in caseof his death, absence, inability or failure to act.
5. Treasurer. The treasurer shall have charge and custodyof, and Ue responsible for, all funds and secuiities of thecorporation, shall deposit all such funds in the name of thecorporation in such depositories as shalI be designated by the
Board of Directors, shall keep correct and complete records of
account and records of financial transactions and condition of the
corporation and shall submit such reports thereof as the Board of
DirLctors may, from time to ti:ne, reguire; and, 5-n general, shall
perfo:m all -the duties incident to ttre office of treasurer, and
iuch other duties as may, from ti-ure to ti:ne, be assigned to him by
the Board of Directors or by the president. The Board 9.y appoint
one or more assistant treaiurers-who may act in the place of the
treasurer in case of his death, absence, inability or failure to
act.
5. Removal of Officers. Any officer may be removed by- the
Board of Mer, in their best Judgment, the best
interests of the corporation will be served thereby.
7. Compensation. Officers, agents, managJers and employees
sha1l receive such reasonable compensation for their service as may
be authorized or ratified by the Board of Directors. Appointment
of an officer, agent, manager or employee shall not of itself
create contractual rights to tompensation for services performed as
such officer, agent, manager or employee.
ARTICLE V
RIGHTS, POWERS AND DUTIES OF THE CORPORATION
The corporation shall be and constitute the non-profit
corporate entity organized under the laws of the State of Colorado
for the purpose-of furthering the mutual interests of the Or^rners of
the eroperiies and to exertise aII powers and privileges, ald
perform-all duties and obligations, of the "corPorationr" a9 19more fully set forth in the Declaration. The corporation shall
have fuIl power and authority to exercise those rights and powers
and perform those duties and obligations which are reasonable,
necessary or implied in order for the corporation to accomplish its
purpose, notwithstanding the fact that such Power, duty, privilege
or obligation j-s not expressed or enumerated in the Declaration.
ARTICLE VT
ARCHITECTURAL CONTROL COMMTTTEE
1. Orqanization; Power of Appointment and Removal of
Members. There shall be an Architectural Control Committee of the
Board of Directors of the corporation organized as follows:
A. Committee Composition.The Architectural Control
Committee shall consist of three persons.
B. Members Designated. The following persons are
hereby designated as the initial members of the
Architectural Control Committee whose term shall extend
until October Lt 1994:
(1)
(2)
(3)
Thomas E. NeaI
Barbara 01. NeaI
Gregory S. Boecker
c. Term of office. The member shall have a term of
office of ttrree years tron their appointment by the Board of
Directors. Any nenber appointed to replace a mernber who has
resigned or been remov-ed shall 6erve for such member's
unexpired term.
D. Appointment and Removal. The power to appoint and
remove nrernb shall be vested solely in the
Board of Directors. No member, once appointed, may be removed
except by a maJority vote of the Board of Directors.
E. Resiqnations. Any member or alternate member of the
Architecturat Control Conmittee may at any time resign from
the committee, upon written notice delivered to the Board of
Directors.
f'. Vacancies. Vacancies on the Architectural Control
Committee, however caused, shall be filled by the Board of
Directors.
2. Duties. It shall be the duty of the Architectural
Control Committee to administer and enforce the Declaration as to
architectural and design matters. Further, the Architectural
Control Committee may adopt reasonable rules in the performance of
its duties.
3. Architectural Advisor. The Architectural Control
Conmittee may designaEe an architect to be employed by the Board of
Directors a6 a consultant to the Architectural Control Committee.
Such architect shall give his advice on such matters aa reguested
by the Architectural Control Committee.
4. Meetings and Compensation. The Architectural Control
Committee shal} meet from time to time as necessaa^]r properly to
perform its duties hereunder. The vote or written consent of any
two members shall constitute an act by the committee unless the
unanimous decision of its members is otherwise required by these
Bylaws. The Committee shall keep and maintain for three years a
record of all actions taken by it at such meeting or otherrcise.
llembers of the Architectural Control Committee shall receive such
compensation for serrrices rendered as may be fixed by the Board of
Directors at its discretion; provided, however, that no Board of
Directors member who is also a member of the Architectural Control
Committee shall participate in deternining such compensation. AII
members of the Committee shall be entitled to reimbursement for
reasonable expenses necessarily incurred by them in the performance
of any Architectural Control Committee function.
5. Architectural control committee - R-ules: Th" Board of
Directors sna Uy the Architectural
Control Committee, including any amendments to such rules. Such
rules shall interpret ana implement the provisions of the
Declaration, any Supplemental Declarations, the Articles and these
Bylaws and may- seC forth specific standards and procedures for
review of ant architectural design, placement of buildings,
Iandscaping, exterior finishes and materials and other features for
use in Los Amigos Ranch Planned Unit Development.
6. Waiver. The approval of the Architectural Control
Committee oilny plans, diiwings or specifications for any work
done or proposed, or for any other matter requiring the approval of
the Archltettural Control Committee under the Declaration shall not
be deemed to constitute a waiver of any right to withhold approval
of any similar plan, drawing, specification or matter subsequently
submitted for aPProval.
7. Liability. Neither the Architectural Control Committee
nor any meri$ilffiof shall be liable to the corporation or to any
Owner for any damage, IoSs or prejudice suffered or claimed on
account of t"l the ipproval or disapproval of any plans, drawings
and specifications, (b) the construction or performance of any
work, whether or not pursuant to approved pIans, drawings and
spe"ifications, and (c) the development of any property within Los
airigos Ranch Planned Unit Development provided such member has
act6a in good faith on the basis of such information as he may
possess.
ARTICLE VII
oer,t cetms bF-THE l,lrl'IerRs
By accepting a deed to a lot and thereby membership in the
corporit.ion,-each member agrees to comply with and abide by the
cor-poration's Articles of Incorporation, the provisions of these
Bytiws, the Declaration and such other rules and regulations of the
corporation as shalt be promulgated from time to time.
ARTICLE VIII
AMENDMENTS
l. Articles of Incorporation. Amendments may be made to the
Articles o@he manner provided by law by vot'e of
the membership of the corporation at any annual meeting or special
meeting of the membership, provided that the notice of such meeting
states that such amendment is to be considered.
2. Bvlaws. These BYIaws may
time be amended, altered or repealed
by vote of the membershiP of the
special meeting, Provided that the
that such amendment, alteration or
at any time and from time to
by the Board of Directors, ot
corporation at any annual or
notice of such meeting states
repeal is to be considered.
amendment of the Articles
shall be contrary to or
Declaration.of Incorporation or
inconsistent with anY
3. Limitation on Amendments. No
of these Bylawsprovision of the
ARTICLE IX
NON-PROFIT CORPORATION
No dividends shall be declared or paid to any member of this
corporation, nor shalI any member, upon dissolution of the
corioration, be entitled for any reason to receive a distributive
or -other share of assets then owned by the corporation, it being
expressly understood that this corporation is not formed for profit
anO is a corporation which does not contemplate pecuniary gain,
profit or dividenOs for the members thereof, it being further
understood that said corporation is organized and incorporated
exclusively for the purposes and obiects set forth herein and in
the Articles of Incbrporation. Upon the dissolution of this
corporati.on, all of its business, property and assets shall go and
be iet over for the use, objects ana purposes set forth herein and
in the Articles of IncorPoration.
ARTICLE X
CONTRACTS, CONVEYANiEE;-THECKS AND MISCELLANEOUS
1. Contracts. The Board of Directors may authorize any
officer or agenmE the corporation to enter into any contract or
execute and deliver any instrument in the name of the corporation,
except as otherwise Lpecifically required by the Articles of
Incorporation or bY these BYIaws.
2. Convevances and Encu-mbr3.nces. Corporate property may be
conveyed o rity of the Board of Directors or
such other person or persons to whom such authority may be
delegated by lesolution of the Board of Directors. Conveyances or
encumbrances shall be by instrument executed by the president or
vice president and by the secretary or an assistant secretary, or
execu-ted by such ot,her person or persons to whom such authority may
be delegated by the Board of Directors '
3. Checks. AII CheCkS, drafts, notes and orders for the
payment of monEy shal1 be signed by the president or a vice
ir6=ident or the treasurer, or shall be signed by such other office
Lt tn" corporation as shalI be duly authorized by resolution of the
Board of Directors.
t0
4, Fiscal year. The fiscal year of the corporation shall be
the calendar Year.
5. Seal. The Board of Directors may adopt a corporate seal
of such design as it may deem appropriate'
5. Attendance bv Telephonic conterence. ..Members of the
Board or oirec r the Architectural
Committee may attend relular or special meetings by telephonic
conference, which wilI deem to be a substitute for personal
appearance.
11
n\-ro
A},IENDED
anrtclns 6FffiRPoRarton
OF
LOS AMIGOS RANCH HOMEffi-NERS ASSOCIATION, INC.
For the purpose of establishing a non-profit corporation
pursuant to the provisions of articles 20 through 29, title 7 ,-inclusive, Colorido Revised Statutes ( 1973 ) , as amended, the
following Amended Articles of Incorporation are adopted:
ARTICLE I
NAME
The name of the
HOMEOWNERS ASSOCIATION,
corporation sha1I be LOS AMIGOS RANCH
INC.
ARTICLE II
DURATION
The period of duration of this corporation shall be perpetual.
ARTICLE IIIpunpbffiwens
This corporation does not contemplate pecuniary gain or profit
to the memberl thereof, and the specific purposes for which it is
formed are to provide for maintenance, preservation and
architectural control of the Lots, BuiIdiDgS, Improvements, Common
Area and rights-of-way within the Properties as defined in the
Declaration and located in Garfield County, Colorado, includitg,
without limitation, the following:
A. To exercise aII of the powers and privileges and to
perform all the duties and obligations of the corporation as
let forth in that certain Amended and Restated Declaration of
Covenants, Conditions and Restrictions for Los Amigos Ranch
Planned Unit Development, Garfield County, Colorado, herein
referred to as the "Declaration, " applicable to the Properties
and recorded in the Office of the C1erk and Recorder of
Garfield County, Colorado, and as the same may be amended or
supplemented from time to time as therein provided, such
DeLlaratlon being incorporated herein as 1f set forth at
length;
B. To fix, Ievy, collect and enforce payment by any
lawful means, all charges or assessments pursuant to the terms
of the Declarationi to pay aII expenses ln connection
therewith and all office and other expenses incident to the
conduct of the business of the corporation, lncluding aLl
Ilcenses, taxes or governmental charges levied or lmposed
against the property of the corporation i
c. To borrow money and, with the approval of two-thlrds
l2/3) of each class of members, to encumber or hypothecate any
6r aif of its real or Personal property as security for money
borrowed or debts incurred; anq.
D. To have and exercise any and all powers, rights and
privileges which a corporation organized-under the Non-Profit
Lorporaf,ion Law of the State of Colorado by law may nos, or
hereafter have or exercise.
ARTICLE IV
MEMBERSHIPS
l. This corporation shall be a membership corporation
without certificatet or shares of stock. There shall be two 12)
classes of voting membershiP:
A. C1ass A members shall be all Owners of Lots, with
the exception of Declarant, and shall be entitled to one (1)
vote for each Single-Family or Rura1 Residentlal Lot owned,
and three (3) vot-es for each Multi-Family Lot owned' When
more than dn6 Person holds an interest in any Lot, all such
persons shall be members. - The vote for such Lot' shall be
exercised as they determine, but in no event shall more votes
than allocated atove be cast for or on behalf of any Lot'
B. Class B members shall be Declarant (as defined in
the Declaration) which shall be entitled to three (3) vot91
for each Singfe:family or Rural Residential Lot and nine (9)
votes for eaih Multi-family Lot owned by Declarant, or planned
for development in Los Amigos Ranch Planned Unit Development,
but excluding that part of the planned unit development known
as Subdivisiln I. Class B rnembership shall cease and be
converted to CIass A membership when the total votes
outstanding in class A membership equal the total votes
outstandinf in Class B membership. Declarant may cast all
Class g vo-tes held by it, irrespective as to whether or not
Lots subject to C1asi B membership have been finally platted.
Z. A membership in the corporation and the share of a member
in the assets of the corporation lhatl not be assigned, encumbered
or transferred in any manner except as an appurtenance to transfer
of tltle to Lots wittiin the Propertles; provlded, however, that the
rlghts of membership may be assigned to the holder of a mortgage,
Oe5a of trust, or other iecurity instrument on Property of an Owner
as further security for a loan secured by a IIen on such property.
3. A transfer of membership shall occur automatically upon
the transfer of title to the Lot to which the membership pertains;
piovided, however, that the Bylaws of the corporation may contain
reasonable provisions and requirements with respect to recording
such transfers on the books and records of the corporation.
4. The corporation may suspend the voting rights of a member
for failure to comply with the rules or regulations of the
corporation or with iny ottrer obligations of the Owners under t'he
Declaration.
5. The Bylaws may contain provisions, not inconsistent with
the foregoing dr with tne Declarltion, setting forth the rights,
privileges, duties and responsibilities of the members.
ARTICLE Vsoanilbm- rons
1. The business and affairs of the corporation sha1l be
conducted, managed and controlled by a Board of Directors' The
Board of Direct6rs shall consist of not less than three (3) nor
more than seven (7) members, the specific number to be set forth
from time to time in ttre Bylaws of the corporatlon. In the absence
of any provision in the Ay1aws, the Board shall consist of three
(S) m6m6ers. Members of the Board of Directors need not be members
dt'tne corporation or residents of the State of Colorado.
2, The members of the Board of Directors shall be elected at
the annual meeting of the corporation in the manner determined by
the By1aws. In sich case, cumulative voting shall be allowed'
3. Directors may be removed and vacancies on the Board of
Directors shall be tfffeO in the manner to be provided by the
Bylaws.
4. The Board of Dlrectors RBY, by resolution, create an
Executive Committee of the Board. The number of members of the
Executive Committee and the persons who shall be members thereof
shal1 be determined by the -goard of Directors, consistent with
applicable 1aw. Unlesl limited by resolution of the Board or by
iibficaUfe Iaw, the Executive Committee shall have all of the
p-or.r" of the Board to arrange -and direct all of the business
ittairs of the corporation and, whenever action is required- to be
taken or may be ta[en by the Board such action may be taken by the
Execut,ive committee and shall be deemed Lo have been taken by the
Board of Directors.
5. The names and addresses of the members of the first Board
of Directors who served until the first election of directors and
until their successors were duly elected and quallfied were as
follows:
3
Name
Thomas E. Neal
James A. R. Johnson
Mary Beth Jomer
Any vacancies in the
election of directors
Address
c/o Los Amigos Ranch
2929 County Road 114
Glenwood SprJ-ngs , CO 816 01
c/o Los Amigos Ranch
2929 County Road 1-l4
Glenwood Springs, CO 81601
12907 Hwy 82
Carbondale, CO 8L623
Board of Directors accrui.ng before the first
shall be filled by the remaining di-rectors.
ARTICLE VI
OFFICERS
The Board of Directors may appoint a president, one or more
vice presidents, a secretary, a treasurer and such other officers
as tfre Board believes will be in the best interest of the
corporation. The officers sha1I have such duties as may be
prelcribed in the Bylaws of the corporation and shall serve at the
pleasure of the Board of Directors.
ARTICLE VII
COTtVEYRT.IC E S
_END
ENCUMSRAI'IC g S
Corporate property may be conveyed or encumbered by authority
of the Board of Oiiectors br the Executive Committee of the Board
or Such other person or persons to whom such authority may be
delegated by reiolution of the Board or the Executive Committee of
the Board. Conveyances or encumbrances shall be by an instrument
executed by a president or a vlce president and by a secretary or
an assistant secretary, or executed by such other person or Persons
to whom such authority may be delegated by the Board or Executive
Committee of the Board.
ARTICLE VIII
MANAGEMENT PROVISIONS
The following provisions are inserted for the management of
the business and for the conduct and affairs of the corporation,
and the same are in furtherance of and not in limitation or
exclusion of the powers conferred by law:
A. No contract or other transaction between the
corporation and any one or more of its directors or any other
corporation, firm, association or entity ln which one or more
of its directors are directors or officers or are financially
interested shall be either void or voidable solely because of
such telationship or interest or sole1y because such directors
are present at the meeting of the Board of Directors or
Executive Committee thereof which authorizes, approves or
ratifies such contract or transaction or solely because their
votes are counted for such purpose if:
(1) material facts as to such relat,ionship or
interest and as to the contract or transaction are
disclosed or are known to the Board of Directors or the
Executive Committee, and the Board or Executive Committee
in good faith authorizes, approves or ratifies the
contiact or transaction by the affirmative vote of a
majority of the disinterested directors or committee
members, even though the disinterested directors or
commlttee members are less than a quorumi or
(2\ the material facts of such relationship or
interest and as to the contract or transaction are
disclosed or are known to the directors or comrnittee
members entitled to vote thereon, and the contract or
transaction is specifically authorized, approved or
ratified in good fait,h by a vote of the directors or
committee {nembersi-.or .
(3) the contract
corporation.
.:
or transaction $tas fair as to the
Interested directors or committee members may be counted in
determining the presence of a quorum in a meeting of the Board
of Directors or the Executive Committee which authorj.zes,
approves or ratifies the contract or transaction.
B. To the fullest extent allowed by applicable colorado
law, no director or committee member shall have any personal
tiability to the corporation or to the corporation's members
for monetary damages for breach of fiduciary duty as director
or committee member.
C. Members of the Board of Directors or any Executive
Committee of the Board or other committee authorized by the
Board or the Declaratlon may attend meetlngs thereof by
telephonic conference cal1, and such attendance shall be
deemed a substitute for personal attendance.
ARTICLE IX
REGISTERED OFFICE AND AGENT
The registered office of the corporation
Road LL4, Glenwood Springs, Colorado 81601.
at such offlce shall be Greg Boecker.
5
shall be 2929 County
The registered agent
ARTICLE X
INCORPORATOR
The incorporator of this corporation and his address is as
follows:
Walter E. Brown
1131 Grand Avenue
Glenwood Springs, CO 81601
ARTICLE XI
ffiE-NEMENTs
Amendments to these Articles of Incorporation shall be
adopted, if at aII, in the manner set forth by Colorado statute;
troiia"a, however, that no amendment to these Articles of
in"otpotation shaIl be contrary to or inconsistent with the
provisions of the Declaration.
5
"=:-
/tt
u:r::( '!'! 13 rrr,! ,1-:i
rEcoFDrD AT3/ltrEc, .4?1306
o.cLocx/'.lt. FEB 1 5 lggl
;.IILORED ALSDOIIFZ COU{TY CLERK
GAftTITLD COUNIYZ COI.Ofl AOC
,ro] ,
1u
' ffi:::t,)"=":",-";;;';' -'- bv Lgs ^Mrcos
RAlrctr
colorado general partnEiEhlp (DectaranL)'
REC IT]\LS :
A. Declarant is the owner.of cerLatn real property sltuaEe
1n Gar:fleIcl Cot!nty, Col-orado' acsciiLea on Exhfbtt A attached
hereto and lncorpoiitoa herein, knorn-ii-tos Amrgos.Ranch Planned
UnltDevelopmentsUb(livistonrr-anrjreferredtotnthlsDeclaration
as the "Propertlei'"
A. Dcclarant has prcviously recorded LhaE certain MasLer
Declaratlon of Prole"if'n co'ununr' fot t'he Ilesldentlal Areas of
Los Amigos Ranch pr"t""a unit oeueloprn"nt on March 5' 1980 1n Book
544,Paqe?33oftiio"coirinlclcountyiierkanctnecorder'srecordsas Receprion No. :ijiriil-in"irJtng ili amendments and supplements
lt,ereafLer (MasEer Dcc]araLlon)'
C. Declarant desires to amend ancl restate the Mast'er
Declaration and to-.ru".r"p anc improvu thu t,ropertles and subJccL
the same to the "or"u-nn-n-tu',
-ionafifons ana resirlcElons set for:th
below '
NOl^t, TIIEnEFonE, Declar:ant hereblt makes the following
declaratsion or .ot'o'iJnts, concti tlons ancl resLrictlons l
^r.rD
R E s r^rE D DECL^RAr r oN 9l .9-o-vllllxns:-s?I: :I lSIt
$11';',, #Jf,iJ l[ R Y# ^ffi i."d' 1# iti i p d N N-d tll i', * y : : ? I " i X T I
l l R . lS,T ^.'5.},13I : .I"% ^:^B: ffi : : il . ;f i';1 r' i ; " $*, : :
a
* : : * I "
o,,
: X : iGARFI EI.D COUNTY ,
3O_th day of
PAITTNERSIIIP, A
1..1. "Archluectural r
the Architeciural Control
thls DecIaraElon '
Control Commit'tce" shaII mean and refer
. c;;llt"" referre<l to ln scction 4 '7
1.2. "ArEicles" shalI mean ancl rcfer to the Artlcles of'
rncorporation of r'lt e*i!o" Ranch ltomeowners Associatlon' fnc" a
ioiotloo non-prof it corporation'
1.3. "AssociaLion" shaII mean and refer to Los Amigos nanch
t{omeowners assocraiil;, i;;:; a colorado non-proflL corporatlon'
1.4. "Boarcl" sha]'I rnean and refer to the Board of Diroct'ors of
the Associatlon
1.5. "Bulldings" shall mean. a.nd refer to t'haL or those
structures sltu.rte'i,pon a Lot containing r.he Dr.relltng uni.t'(s) or
livinq quarter(s) of the occt)pant's' and siaII exclude any secondary
or deiached builcings or sLructures such as storage buildings or
Improvemcnts.
l.6. "Bylaws" shall mcan and refcr to the Bylaws of the
AssociaLion.
1.7. "Common Area" shaII mcan and refer to alI properLy'
lncluding any l,pto'iilnt''ft'utoco' buL excluding Lots' as shown or
desiqnatccl on the ";;;;;; -ptat oi the Propertles ' Incltrding area
deslgnated ot "opoi-iiu""; ttt"t 1s conveycd to Lhe AssociaLjon'
1.B. "DecIarallL" shall mcan and rcfcr t'o Los Amigos nanch
ParLnershlp, u coioJoao iencrar puttn"tittip' and its successors !n
to
of
'9'
l.ngeresL to thc rlghts' duLlcs -and obligations of Declarant
otrrsuanL to thls tiJJi'"#t'"I-li1ci'ains-"tr;;r"'cnLaI or amcnded
Slli"ri'.i-it )-,' ttre ArErcles ' or BvIaws '
1.9. "Declaration" shall nean and refer to 'thls'Irmended and
Iiestated oeclarati'i^"tr ci'"""ant's ' c;;dttlon" and RestrrcLlons '
1.10. "DweIling UniL" s.haI1,
upu.. wiLhin a l3uil<Jing dcslgneo
one fanllY.
5,,,ri 'l'l)i) y:';r. '13
mean and refer to a Buildlng' or
Iii"rii.^JuJ io. the occupancv of
mean and refer to any Lot
Lot.
1.ll. "ImprovemenEs" shall mean. and refer to anY and aII
brrlldlngs' parkrng u'"i' JnJ-lucilitles' fences' retalnlng waIls'
gradtngi, media'.."p?io"n,.."i_liin'*lsslon dishes and ant'enna,
'pI"";i;;;'"Lino''str':uli-anctothcr"ttt'"i"ttorrandscapingof
""ti''Jlnl u,i;-;i"J "ibuaLe on the Properf,les'
1.12, "Lot" shall mean and rcfer to that parL of the ProperEles
deslqnatedonaPlatrorleesimpleownershiPbyanownerorowners
""d 3i';;i; "lv a"rl"rtlon' exclude common Area'
1.13. "Member" shall mean and refer to a person or entlty who
ts a-memner of the Assoclatlon'
\ 1.14 ' "l'tortgage." shalL mean any document or lnstrument intended
\ t" "i",i,"..""",,'""a
i;;-;'";._irr land, oJ_'r,irr lnclude deeds of
'' trust..
1.15. "MorLgagee" shall mean and refer Lo any person or enLlL)'
wholsthehorderttb;;;;i"iiivtrallortgageorDeedofrrust'
1.16. "MuItI-Family Lot"shall mean and refer to any Lot shown
uPon a PIaE for t't'e u.il;;; t;;;;;ncv bv more than one famllv and
shaII lnclude, buL noiLu rj.mitcci to, aparEmenLs, condomlnlttms and
townhomes '
o, " I ;' L; #\;1?* fJ x'i [: I l.i ::,:'"'+ :? : I ;"i:"
"11
iJ
n'"J'
"
;]' i: i,
lnc}udlng conEracL ;;;;;;.-;ig- -g|g1"ain;, those having such
lnLerescmerelyu"uti,'llyfortheperforma'nceofanobligaLion'
1.lB' "Proper:tIes" shaIL mean and rcfer Eo alI of t)le real
estatedescrlbedonE*;;;i;latt.a.cnoJheretoandlncorporaLed
herein by thls tuf"tn'i""'- "* ;tt qthef- real estatc annexed to the
ptoi""ilt-p""'unt l-o Article vI hereof '
1.19. "PlaL" shalI mean and refer to che officlal Plat or Plats
ofthePropertles"ppio"oi..r,v.in"-go.u'aoicountyCommlsslonersof
Garf ield CounLy u-p-quu'tffi Ji ittota- in' the carfield countv Clerk
t and necorder's office' t'ncluding any amendments' supPlemenEs or
annexatlons thereto'
1.20. "RuraI ResldenLlal LoL" shaIl
sho*i'ln a pfac as a rural residentlal
1.21-.' "Slng}e-Famlly Lot" shall-mean and refer to any Lot shown
on a Plat as a resldential slngle-famllY LoL'
l.22. "SuppIementaI Declaration" shall mean and refer to any
subsequcnt Oe"futoi'ion- o1 to'"nonts' conAitions and rest'rlcLions
execured and ,o"oiaia -ry - -oo.rarant affecting the ?roperLIes,
lnclud.fnq uny unnu*iLion thcrcLo' puto-"ont !o authorlEy in this
DeclaraEion '
1.23 . "Temporary SEructures" shalt mean ancl refer to any
struclure Praced ;l ;";;-ih;t hai- not boen approved bv thc
Archltecttrral conttof Committee.as i put'non"nr' 'BulIding or
rmprovement', inc rud'i;;' *"i;;;;l- i r'i uI t i on
"rra
i I ers' hu cs' shacks'
r-
-l t
'-,( \' \
bir.( t,t')
excluding the use of recreational tenLs for
tsime.
ANTICLE II
c e N c fiIi]TEeifft-nr r o r'I
flr:f. 5')
sheds and tents, bul-
reasonable Perlods of
2.1. Intent' By maklng -^lhit
Declaration' Declarant
speciflcally lntends to enhance' -pu.'f"tt and preserve ihe value'
d e s 1 r a b i r i t y a n d, i? "'"1 t" ";j :- ::. t{"^ i-*,t""* ;
: ""
"": "1'.?:i?1' I i :deslrability and atLracErvenc55 ur '"li.ii.iJ t" Declarant, the
development 1n a manner mutually .b
Owners, mernbers of "'ii,u'6rrn'u]-,s -io'tifi,',-ienants, lnvlEees' guesLs
and others who own, use, occupy o, "n'ioy the Propertles'
2 ' 2 ' Ee!=i-+1.1ffi*ff#f#fr;, "3',;"'li"'r?"il3il:i?I;DecIaranL exPrcssly ]nte-nos :l'' ""^=:,"^:-"i'^.---' AII easemenLs,
to the provlsiois'";;'-i;i; Dcclaratlon' A11
restrlctionu, conotljons, covenunr",
-iorurvations, rrens, charges,
rlahts, benef lts, -;il-- pr:ivileges. Jn-i"n utu granted' creaEed'
reierve<l or declarei"iv'}li' oeclara[ion shaIl- be deemed to be
covenanLs opputttnu"ni ' iunning with t'lre lancl and shaII at alL timcs
lnurc to thc benefl;:i-;;;6e blndln! upon any person or entlt'y
havlng at any timc-iny i''l:ercsl- ot "tiniE ln tire-Properties' anc
their respect-lve hel'rs' successors'--iopto""nLaLives or assigns'
,.eference tn any
'ieea'ot convcyancel-iuio"-' m?rt?1?e' deed of
trusL, other evioenl-e-if ;bllgat'ion-9-t'uny o*nI insL^r-umenL to Lhe
orovlslons of thls l:"e;;;;i;^ snari ue !uf f tcien't to create and
i".otuu all of th"'";;;;;ni'' t"ottlctjons' condltions' covenanEs'
reservatlons, Ilcns, trtutqo" rights''f"'iofi ts ancl prlviteges wh j ch
are grante,i, "ruorli,-'itt'#'ua 5t a"tliiod herein as thouglr f uI Iy
and complctely sct;otit' fn thelr enLlrety ln any such document'
.o,u1.3;#*5H'"*;3#**i#;."T"t1:'?*'";'r1""'"iii'"'5'::;class of Lot (SlngIe-Famtly I-"t' --latlf t-I-FamIly- LoL or RuraI
Rcsldcntl.ar Lot), itrc comnlon Arca, "oi- a,ry re-ar- estatc whl'ch
Declarant subseqrtently annexcs puti'oni to Article vr of this
Declararion. n srppi6^"nEaI Decia.;t1;; may define and describe
addrrronar or dif;5i;;;-i;;;;t;;;iJi"iii""i other than the Iand
classlflcaElons .nt-i.iil In Lhis 6n-"-iu.ution and.may sct forth
additional or aiiierent covenants' conditlons and rest'rlctions
applicable co- tno real estate t"[:u"c to the Supplernental
DecIaraLlon. ,n lno uvont of a conf]ilt or inconsistency betwecn
t,hc Supplenenraf-"'petilintton and thls Declaratlon' or any
oreviouslyrecor<tc<l-su!p1o^ontoroecliiaulons,thetermsofthc
luoplemental neclalition'snaff gou"in the real estate made subjecE
thlreto. rn aII ;;;;; 'huto trrere aie overrapptng provisions' the
ilie restrlcLlve slrall aPPIY'
z'o' ;'n o'i""iJ1!'1"'f ?"'lnl
l:I1:i:i::i"!"l,1it;; -und .uuu,n"n. *iIr,-'i'"s..;" and -esress ovcr '.
across and upon 'tio-co'n'non Arca -for the purpose' o( uslng anrl
I"j"vi ^s .'" .::.r.:i::l :: ::.;ii.iiil",J' ;,*iti',:i]Ifl "'iiil lll
::::i,:"I"";"ii'JJ *o"tunant' to'- uni- po'o with the' trans rer or
rrrre Eo each o*;";Y5";;i.'.- anv-b"noi inov delcgate his right of
enJoymenE to the iI*rn""-o*a -ana'taciiitiou
to the occupants of hls
Lot, or guesEs ot-i^''rf""i' rr'o o"nei;s non-excluslve rIght Eo the
use of Lhe Common'*""-Jtf f be subJect Lo Lhe following:
A. The covenants-' condLtionS' restricti-ons' easementt"'
rcservaLlons, righEs-of-*1V:--do"iqnaLlons' classlficar-lons'
and aII oiltol frdvtsions contalned In Lhls Declaratlon or as
iiu ,"c forth in a Plat;
B. The r'tght' of thc.Assoclatrlon to llmlE the number of
guests o. ''"iit'J"'-
oi no"n owner whlch may use any of the
amenitles on tho Common Areai and
e:-
(=
[,, '( ';'5:) P:'.t [-11
C. The rjght of bhe Association to adopt' from time Lo
tIme, rulas and 'regulations regarding the use of the common
Area and unv ruliiiiii""i"i'i."a'tti"r"o,.' as Lhe Assoclation mav
Jctnrmlnc is nccessary or prudenL'
^NTICLE
I I I
rrgSflrA"AiS-O'-gSg
3. l . Brrl Idlnq fiest'ricLions
A' No Duilding' Improvement' or Tcmporary strucEure
shaIl be erecr:;:', :;;l't;;;;J' i"uthlca' placed or permlLLed
on any l,o. o.-tr,o common Area except' for Purposes and uses
consLsLent "in the Eerms of thls Declaration' any
supplemental 'I"rn*"ont'
tn"- iirot' and Lhe 'Artlcles and
ByIar^'s of tn""Iitttt-i"ti"" ana
-any rttles and regulatlons
estabLlshea uv iii" Gsociatlon ot'Inn Architecturar control
commiLtee. no nuttaing, Improv.emenE' or'l'emporary strucEure
shal I be ot""tui','Tollt"'"tda'. instilred' placed or Permitt:cd
on any Lot "ii;";
- fi rst. outaininq th; approval of' the
Archirccturur iontrol committ-eu'-prii'u'''nt to -iectlon 4 ' 7 of
thts Declaratlon'
B, Only nevr ccnstruct'l.on shall be permltted vrithin Lhe
Propcrties""n'it'oinottrrildjngoii*ptot""mentshall'bemoved
upon the fropcrCles' FurLher'- no-t'"*potary SUructure of any
type whatsou'u1--"-#tl be usecl at any tlm-e as 'a residence'
elLher a.,npoto'iy i*'r'ot'Ln"nt ' No mobire homes ' traller homes
or other mo'obt" itrucLures sniff be permiLted on the
Properties o" a*"ffinq'' re*poraiy SLructuies "I-bo allowed
on tltc Propor:t-ics f or tlrc purpose 'of conclucttnq consLrltcLlon
acLivitles.
C. No Dtrildlng or: other ImProvotncnt ilt:l]-b" erccEccl'
consLructea, pi""tO 'or pcrmttted upon qny L?! or-the Common
Area excep, otr'l-litlqn' ti"e ana'configuration approved by
thc erchitect-"u*'i-- coitior committcn' iocated !'ithln the
cleslgnatecl b'iili;g in'i1t3" observlng aIl seEbacks' and not
encroachinq ";;';"y dedicat'ecl or establlshed easemcnL or
riqht-of-wuy, "u't<:#jing- t'L the PlaL' Lhls DeclaraLlon' any
supprementar o"tr"iLr"cl'' the Artlcles and Bylaws of the
Associatio" ";;;plicablg governmcntal aut'hority'
3.2. Preservalj-o! o-f llP(}:I"l::' IL ls t'he spaciflc and
underlylng in!.ent' o?-o-eCTarant to pt6="t'u and prot'ect' the vlsual
aDDearance and ;;t;;;i--;ttracil'eneu" of the Propertles '
Iitor<linglYr rlo auifaing o-r Improvc*unt upon the ProPertles shall
be removed, "t,unq"d, ieplaceci or. moclified' wheEher by repair'
marntenancu o, ,ou"ai'."iiJn, -i" such-i manner so as to alter such
Bullding or rmpro'-J'n-uJ's vlsual -appearance as approved by the
Archirec'uro f aon.iiito-rnli..o" wi tn6rii f lrsL obta I ni ng approva I of
the ArchlLecturar
-C;n;;;i commit'!ce' By way of example' unless
ArchitecCural Contrtl Committee approval'is obtalned' no exterior
color shall be ""o;gui' no nrlild-ing' ImprovemenL or landscaplnq
shaIl bc.moved o, io*'o"*il1,"inJ ro Iarid contour or drainage shall be
a I tered .
3.3. Ealntenance of Lots' Improvements and Common Area'
A. The Owners shall keep' maintain and repair the
BuiIdings una other tmprovcmcnis on thelr Lots in an
atcractive";;;;i-'"oiniiin"a-"onaition'freefromvisttal
deterioraLit'n]'in-theevenLLhcownersfalttomainLalnor
rcpair at o uuirai"si :l .o-t1:^t, .i*pto'u*"nt,s on lhcir LoLs I n
accordancc no-t-o'it'ti the Asso'ci.ation' upon f ourLecn ( l4 ) clays'
noLice, *uy Jo-'iJtit'i t"tn mainEcnancc ana repai rs and assess
the cosL thercof to the o"1ut--",n whose Lot' such mainEenance or
repalrs '"'n io'aucEed as a reimbursement assessmenL pursuant'
to Sectlon 5'4'
I
C=
,.\.,.\ 'i'Uij rrl: 52
B. The ot''ners shall. nelther do any act or suf fer any
action uy tnci"r ii.irv mcmbers,"ionunr., guests or lnvitees
whlch slrarr J;'#";;;'f" "t ier-eiroratro-tt Lo the rand or
Improvementu 'po^ any ldt or the common Area'
C. No owner's garbage' rubblsh or trash shaII be
allowcd ao ,"""r,,n,ifuio 6n unf r,oj oillre Common Area' Trash
containcrs srtiir be of a type J"J-oouiqn -accept'able to Lhe
Archirecrurar }-JnirtI Cornmi [,iee,-'ina-ttoi r be Iocatecl on each
LoLtnaprJ.-e.-il."ptouroto-|iu/\.rchitecture]'control
Commlttee '
"
n a t i. a
i o ffi , S'
1
li'J;-3X i l i j I'i;'r::'""'" :'l. : : ;
tvpe whatsoever o*topii"q for home-ol-"uputi"nt' For p'rposcs of
tiris sectlon, "ho*o-L"L'frations" snaii-inean an occupatlon by Lhe
residenE .ond,tr"o'- t;;;ii;-;i irlin .
titu- residentta r bulldl nq wh iclr
does not entait t"" i-iiivi'"ni-or ttti't-a putions on' Ehe"premlses and
does not entall th;;;i;;;ty o.f goods or scrvices to customcrs upon
the premj.ses. l'oi -o-**pG' buI not by limitatign' an insurance
aqenL may rtsc his residoncc as a personal office so Iong as
c,]stomers are not permltt'ed to:o1o tti1h" resldence; tlov'ever' the
establlshnrent of 'a barber unop ot -u beauLy shop would be
orohiblted. ThIs ?ut"t-t-iliJon shaII not apply tso bus inesses or
'commcr:ciaI .'tcLiv j tiei occurri ng on 'tnotu portions"o! Lo" Amigos
Ranch pranned unii-borlropment zo"Jng Distrlcc Map designated
l-herefor, nor uholr-fnls^rcst'rict'iori limit Decrarant in the
markcl-ing of rrtn iiopoit'io''--i1"-r-t.a1 "O the use of s'rlas offices'
model homes or co*foiuty construct'ion offices'
3,5. Offensl.-a Ac!lvitJcs' No noxlous or offensivo act'ivlty
of an1, Lype whaEn;l#i:mii=Bn "iitrud on e'ithin or upon anv LoL
or t-)ro Co,nmon rttou- tliot slra I I becorne an annoyance or nuisance to
Llte occupants of otf1nt Du!lCtngs' O\''ners' tanants' occtlpanLs or
thetr: gtlests sltal] cxerclse tuo'onil.rl" care to avoid makinq or
Derml Lutng Eo U. *"ao it*d' di'st-rtrl>l"tJ "t obJecLionable noiscs' and
in using or pluvin!- lr pLr:n'itu'ing'io t'c risca or plave<I tnuslcal
instrumenLu, raaioui pf'onoqraptrs', -television seEs' amplifiers and
any oLher: inttru'nJ'iit it ao''i"os ln srrch a manner as may disturb or
tend to disturb owncrs, tenanEs or occupants of other Buildlnqs'
3.6. I(azardous Activit'ies' No actlviLies shall be condtrcted
on Lhe Properties tiFi-#itt i?mighu be unsafe or hazardous to any
person or ptop"'Jy" -" wiirlout .ii^ilinq the generality of the
foregoing, no ri-Jcarm shall ue- atscnargea upon any of Lhe
properEies ona, n'o'li"; ii;;--'r'urt -be righred or permiEted on any
of the Properties-u.""pt in a-conLalnna 6otUocrte unlE' a safe and
weII-designed intutf-* fireplace' campfires or plcnic flrcs in
portions of the c"i*".-a."i dislgnaced for such use by DecIaranE or
theAssoclaLion"'...',"r.'...,Lro]l;danaar:tenaedfiresrequiredfor
ctearing or maj.i.."""""-.r rand, u" ifp.o""d.!hu. A-rchitectural
Control Commfttell"-.'-No c*pfosLri- mi'y be ctlscharged on the
Properties "*"opt''ln tonn"tt'ion wir:h construcrlon actlviLles as
specif .tcalfy uppt"o'oi LV in" nrcf irecrur'11 Control Commj ttee' No
flammable, toxlc Li huJotaous materials shaIl be allowed on any
Lot,exceptoft'h;ki"Ji"alntheamountcustomarllylncidenLtoresidenElaf ^aintenonce'
OperaCion
- of snowmobiles' off-road
vehlcles, rnoto"vli;;;-;; '1y-tt1t3i 'otot vehlcles an)ryhcrc other
than on (lcsJgnatccl drlveways ot t"*fi in a legaI manner ls
nrohibiLed o*"opa'-io t-no'L*r"nt affo"e.f by rules and rcgulaLions
ii.rrig"."d bY the Association'
3.?. No unsiqhtliness' No rtnslqhLlincss shaLt be pernliLted on
rhe properLles. ,imffiii-ii];s .i,i;'!"."irr i Ey of .Lhe f orcsolns:
(a) AIl unslghLIv
-'i'uttt'tt'' ritiiitits' equlpment' objects and
condirions sharlvb;";;;i';:r;;'rl,iin u uiru"tute approved bv Eho
,\rchltecLttraf ConJroI Commi Ltce ( nuttf nu f ter "approved sLrucLuro" )
or appropriueorv'I"ieenec rrom tit" ;;;;;i-otnui'Lot''occrtpants and
traffic on puurlc-o' "o*'nou "tt"uit"iftt'oin"fEer
"scrcened from
-;
u:lii[ ';': )" ) l':"t I;: i
vtew"); (b) Trallers, moblle tlomes' Lrucks other than pickups'
heavy equipment,
'Uoi'tu' tractors', "i'potu 'not o-1 u truck'
urlicensed cars ot - li'trt" ' snow "oii '
' skidoos' ' tn3' removar
equipmenL and garaen or maintenun"o "i'idmenl snatl be kept at alI
times, except vrnon''in acEuaI use' in un approved structure or
screened from viow; (c) Trash tuns' gJrbulo utid Lrash sharl be kept
ar alr times 1n 'ut::"';;;;" -;;i"Jr';;' cont'ainer and anv such
contaj.ncr shat] be kepL within. an ap;;;ved structu::^:t screened
f rom vlew; (d) "nrlitu'rir repairs' sclivicc areas ' s-to'rage plres'
composL piles and ra-ciTiJi.s ior nangi,ii, Jry.tnq or ai_rlng clothlng
or householcl faurrcs stralI be upptoptioE"ry itt6"n"d I::' vlew; (e)
! i pu u r o' v : : : :' gli'= iii'"" I'i,'I'".t'X i t
r"# "'i *"1!'" ii,lii'Xi'' " i ;
?313i i, # t"";'11. iJ:r-,,,i *u r- s re na t s=1r - el ect rl cr tv, and u t, r I tv
meters or other uuf it*ty -fu"i.titf no -onJ f noi"idual s-ewage disposal
svstcnrs or dcvlces
-"rr"ir hre kept ana mirniiincd withln .an approved
s-trucLure, beloru tn.""rrri"o or tho g'ro"na, or screcned f rom vielv;
ancl (f) no Iumlre.,";t;,-;il:o 11 l''ree crlPPings or prant $lasLe'
metals, bulk mrtcriaIs/ scrcp, tcfu=e' ot'Lraih shaII be kept''
sLored o:: allowed-io aitu*ufate on un'' l'ot' Notv'it'hstanding the
foregolng, tf ut tio -ti*u of the dccupancy of any Building'
connecLions Lo a noi'.t" l.,n.r1rgi"u.a .i".riici Iy 11ne or tercl>hone
llne are noL ur"iirriln, tlien r".lrototy p:1 ": -^or- wi::es for
elecLrlcity or telcphonc seSvicq.ryI'b" institf eO to' a rcasonably
necessary helghE pr'orJaua LhaL they shall ue pro*pt'ry rcmoved at
theexpcnseoftnedwneiarterttre_aviilablliLyofconnections'Lo
nlaruy' unclerground Iines or cab!cs'
3.8. Rcstrr.sr-rpns on.Arr{lg-Ig'- Pets sha]I be permitted'
orovided the)' are limited to a-rcasonable nttmberi are kepL' bred or
raised solely ,t'i'';;;;lt"Id pcts for privaEe u'se lnd not f or
commerclal purpoces i ate noE' permltfed on Ehe Common l\rea
unaccompanica; ani ptt aioppi'gs a-re not IefL on the Common Area'
i\ny peL which snit'i ue a -rirris-ance or annoyance to any owner or
wlIclIlfe shaII be pronibitea' Tlre noara snatl det'ermirre wheLher
the number or potJ'Jto^"iolton'uin ot whether any animal or pct
shall be a nutsancJ Lo;"t oLher o$rner or wil(!Iife. Jn such event,
the Board *oy .oquit;-";;'pcL o!'rncr, Lo control sttch pet 1n a ntanner
so as to not- be. ";;;;;t, or req'rie thc removal of such pet from
the ProperLles. li"t"ut nray be kcpE or uscd on such portions of the
comnon Area, toua'-oi-olllr puuiic rlqhts-of-way or easements as
may be designated- foi such dse uy o"iluto"u or the Associatlon'
Thc Assoclatlon nray by rule or. t"q'fiiion Ilmit Lhc number of
horses to a reasoninte nu*ner as to. a'n.r Rural nesldcntlal Lot- or as
to any faclLittes''J;q;;; itt t19 iceping of horses' Further'
the Associatlon or Deciar:ant' lnay seL asidef rese::'e or designaLe
facrrr.tres for tnJxleping of lroises on ony parL of !he- propertles,
lnclrrdinq tr,e conimon
-i;;;' sttch as totioi"' or paddocks ' or other
facllitie5. uotuot-''n;;;;i be kept on-unv slngie-namilv or Multsi-
FamiIY LoL.
3.9. Parklnq.
A. Thc Buildings ancl Improvements on Lots shall be
constructsed so as it';t;;i"-ti'rritionE of f-street garaged
oarklnq to accommoiJtu'-n"t Iess !!on two (2t vehicles per
bwelllnq Unlt. aii"iti"t""yi shall be composed of asphalL'
concrete or oEhur^ ;;tjt;;l; surface as approved by Ehe
ii"rliL""curaI conLrol commitEee'
B. Declarani-, and the JissociaLion with thc apProval of
Declarant, ,.urur,ri' inu right to specj ficalry deslgnate
DorLions of the Common Area ' or oihur porLions of the
irr:opert ies, f or thc*i;;;i"q of recrcational velricles ' In sttch
.uont, alI recreatio"n"ui'"ni'lcIes snal I bc restricrcd Lo areas
deslqnatcd for parklng and storagc' In the abscncc of such
desianatiotl, tnu ai"ftiEccLural Control Com.rnittec may impose
;;;i;i;;i;;; .; ln"-roiition or recreational vehicles upon anv
Lot as weII as aesttietfc screenlng Lhcrefor'
e:-
0,'rt'?'1)l) Prr'('
C. No Owner' occupant' LenanE' guest or lnvltee shall
block, hinaer ""t
'itp"al
. tn" -it?"-'fi""
of vehicular and
pedestrlan trarr-i-c 'p5n p'urit oill^tnon roads or' in or abouE
the Common Area' inciuding.' u"t-not fi*ited to' pubtlc rights-
of-wav or u";Jt;;;;' lro o*noi- ittotr keep or st'ore anv
vehicles on the comnon Area or pt'ufit or common roads' except'
as speclfr"orii -e-o"ignucua putiuint' to ParagraPh 3'9'B'
D. Thc AssociaLlon may enforce 'parklng resErictlons
orovicledintni'i"il"ruiilion'bY;'-h;}em'ovarofanvowner's'
bwner,s ru.iiv- #mber's, tenonii'J,- guesr's 9I jnvitee's
vehic]e, incr,.iJini"rJ.-i.o.ionar ret #reJ, of .PerlgnaI propertv
oarked or ttot'fti'"n"-iti"tion r'"tJoi ' Gtrua'ihq' trc lmpositIon
tf o rtno ro, !i#'vi-o-I-Jion. ru1"n b"not slral-I . be. personal lv
]lable and reslonslble f or a^]: ii; imposea 'b'y :hu Issociation
and rhe cosE'''ior Lhe removal';;
-;;y-vehicle
-or
personal
property put*"i"o't;i;;"a in vioiation'hercof by such ov'ner's
famlly men'uurll lonuntt' guests or lnviLees'
3 . I0. Landsge-Pini ' No Oy'nu.'.' i-ncluding such Owner's f ami 1y
members, tenan!s, g'iut' ;iO- il::::o"'- "t'u
I I' removc'--u-I'tut' i n jure
or interf ere in an-y *ay whatso-e-v-er *ith any trte ' shrub or other
landscaping o, r*piouo'nont' HheEher ;;;;i;g naL'uraIIy or placed
upon thc nropcrtrai, exccpL upon.aooroual of the ArchitccLurar
Control Commi Eree.""' f,fiu'
-f l"ruirot i o"nt-u-nJ
-" tl f i'at ion o f natura I
vegetaLion ln the funJu"uiing of Locs is encouraqed'
3.11, S.iqn-l . No signs of any Ly.pe shalI I:e displayed tn public
vl.w on alry Lot J'".'"r't' "-t'"n n"'ti ii"otton' dlrector:y or aclvlsory
stqns as mav bc t;il;t;"n"';;' I;;;r proceedinqe or one ( t ) si0n of
no[. more than slx 1.6) 'q'ure rnor oit'utiitiilq strch I'ot for sa]c'
resare or ren!. ln irr instances';i;;; s'11ir be subiect' Lo Lhe
;;;;;;.i-.i ut'' ritl'iJcu.'r;'r conErol conrmiLLee'
3,12. fences' No fences (jnc]udtnq planLings such as hedges or
trees whlch woulcl fie tn tne naLure-ol'o'fon"o) shatl be placed on
the Properties o*tlpi" f-or sucrr fnn"* -uu may be lnstaIIed by
Decraranr, .n" nrl'o".ti'".i",i Jr "iur ipnig;ll ?f' .!:_ Archi tecLura I
Cont!-oI CommitLce '----f-ences on I'o.#'shal l be conf ined to the
butldlng cn,elopt'"'a tntii-not <l.efl-ne botrnclary Iines' AII fences
noE immediately "al'""n1-lt llrrildjng't-tttof l be lLmlt'ed to a height
lii-r.tir:g*o 1az1 inctres Lo allovr decr passaqe'
3.r3. SubdivllrSrn/spt'li' 9{=l;ots' tlo Lot shaII be phvsicallv
dlvlded, subr'iividi6l-ffitltioned' or split in two"(2) or more
parccls, nor shaIi":'ft"':;i"-^'i ptltion i'notoor be sold or convevcd
nrovided, however, MulLl-Famii' !:t.i may be divicled into separate
ownership esEates "'"h o' Lownhornes'or conaomtniumS' and thereafter
sold and "on'"yoa"1"'';;";'
proviocJ approval therefor 1s firss
obtalned fron' caritJri ;;;;iv Eoard of county commissioners and !he
il"t ii""a,rar control commiLtee'
3. 14 . comli lirl-q lirrsels;"r:;i';'.' i;^;'::. t""r!"'ff+ t:::':i";:
?li" l""""ri:rr"rlautr ion-
- aipr.t iaur e soru.nn'6nta r au chor I tv a nd t he
ArchitccLut' r co"ifoi i5il,ni it"o' *-nltn ipq'"'":]-*1v- bc condi t i oned
uDon the owncr J;;";";; -to combine such Lors providing to t'he
Irichltectural Ctnltof Commlttec a surveyed map or'plaE of the
combl ncd r.ot' tr'o"i'ni-rrio I ocat I on' of a I I casements' rlqhEs-of -way'
setback IInes o'il"'ilt:iii rn! .on'erofiei in 'adtlitlo-n- :o anv oLher
JnformaEiontr,"ii.riit".r,iolcont.rttcommjLLeemayreouire.Thc
cornbinlns "r po'iliu';;;i;-nor retiL"-ino owner Lteroof from the
ix ii.ii.' l .!y *i^ ijtl ;::i: ji. l; ",1' L'"',ffi'" |
"e:i'' i:' i, "?l ! 3
comblned, LoLs I
Lrlrhouc opp'o'or"li" uppiit"rirn gJ'olnrno-n*i authoritv and the
ii"iiit""r,iiar control coruniLLee'
c-:>)
3., s . r,,4-il!i+*#*H*Hf;T". ii:J:i'l|'yl :""Xlj"", "l::il:
shaII onIY be aIl
colrect,iolr, una on!?.oittt ufpto'or u' "G -Rrchitectural control
commlLtee and ""f 'g";;;''""llir "';f";;v
" r'i"r n9 Jurisdlction
thereover.
"o
..' ; i 3 i r*f *ffi *=#;#,' u,'iJrn'"";JiI"""" : i
u"'I'
i : i ; : "
* "'
3. 17 . Ltqhtlgg' t'lo IlghL shal I be emitLed f rom any LoE' whlch
Is unreasonably nriqhL o, .1rr"u .r.n.""u*=o-notrn !rutu ' AI I cxterior
llahEs and Iignt ilunaliat una ttt"-tii"^tuiiin Ehereof shalI be
ao5roved bv the a;"i'r'i""lttar controi-c';;i;t;' No tvpe of hlsh
tniensltv di'"hotsl"i;;;;;-;;"ii ro put*1tLed on anv Lot'
3 . I B . n e s t r i;c L r-o-tl- -9 n -! a tE i* r, J."o "ii E!
t".tj f-""t'-':l' ^:
j I ?shall be erected,
except upon appro'Ii"o''tttt: l;iit::l;t-ui io'nttor commiEEee' All
rankl uEllrzea for itoiug" of any *rlliiir'rrriii no buriect ' ot Lf
l"ocated above-grouiil'-in"rr b; "rl"i"tta- *ithrn -un app'!:oved
sLrucLure o, ".r"JIuJ'rrJ*'-rio"
* a"i'.rir-i*o r:y ttre ArchitecLural
Control CommiLtce'
3.19. ceneral nestrlcLlons Appl lcable to Lot classi ficatlons '
A. ",tBf;fili'tj:.r'f,".1""in iil?il IlHXF'"'#ll,:iused exclrtsi'
ptr rposes ot u'#
yc";;*;1v r "ti"o^tn
i-irioit tb ' un I cs s a r I orvcd
by the oiot ot-sippi"'iu"t"i^ootiiiulion' no slngre-FamlIv I'ot
sLalt have "^v
-'ni'ir'ri's'-1-:tX.,'; il!*f""1;r;:"iil:;i:i
il; t ;rlt,'"" e1"".fl'yT,T ||L}?li" ;" s; ", .i,' an! Ee
.
i c commoda te
rjucll oLher acLiv'i.tics as ar:c. "t'Jt*"rn"otif v incidcnt to a slngle-
f amlly tttiot,ln"o' --'lrlulrougn g;;;l- t; scrvanL faciriLles or
quarEcrs mtv'-uJ parmiLtcd bn t-iingic-namil)' LoE' they sh'1II
not be o"t u'n3f i;;* 11;;;'ii rai'iq'"'; t'rre l'31t"il:' t" no event
shall t-hev ";t';";';0b iquuto reeiin size incrusive of kitchen
and bath ftnJciont' Alf rtnprluemcnts that are detached or
separ.rted rtlrn tn-t iruiiJi't-q. inuf r- Lo t"nstrtrcEed ln a compact
area aalace# it-tr*-li"iritng'
- hhe nrrirtltng shall have a
nrinimum size of 1.,200 square fcct, excrtrsive of garagcs,
p o r c h c s o n a "p
"-'i o','
.
-'- -*1.1.*'*" i.{."
tJ"'r:
n'flnJ"'." "I; ^ : t : ^ i': :
l'".""t1 In hoiqhL that maxrnlum
l\mi gos nun.n'.p,iui-lnli.un i J oo,e }oni,.e-n t Zon i ng D1 strl Ct l4ap, or
as maY u" ru'uiJi"i-"t#i"t"'r bi;';;;i;;ntal-o-ecIaraLlon' All
above-grou^i'ii' i rl'i"it- ana- r"pi"i[""^t'u I !*-!Llt randscapins
and nu""t=ut/"tt""inst for Tccess driveways' bridges or
paths, sntri' riu--lt^''ii'"a ,.riJriin - tnu boun-da-ries of the
buirding tn"oropl g;1nl:t:l-r"t'"'itn iot ' AIl 'sinsle-Familv
Lots shall uI-tiquitud-to connoct to the central waler sysEem
servlci nq tn" itip"ttl'es aE o-t'It'-ti^u as centraL waLer sysLem
facilltles tIo'o'iiioulc for'c#n;;1"^' and alI water scrvice
ror sinsle-T;''ii;'i;;-'- ;r.,11i 't" -pi""io"a rI:I- th" cenLral
water 'ytturn'-"' "-J
piiuuto "r rJ-"iir be permiticd on single-
Famlly l'nt'" "-r'iJiviatrar tJptj" -
'yti"rnt shat I only be
permltEed in sr ni'ii-iu*i rv' 'r'tit
'iot 'scrviced bv a central
scwcr "rrroii :;;";"y sl,itl -clmpiv *icn Lhe--AssociaLion's
rures and regulaEions ancl apprllilrt govcrnnlent regulaLicrns'
B. eoti ^?i;iffo!,i?,H"*;",n"'o?' ilil'"'l'"';' Hj;":';iil
Lrc stlbjcct'
con(litions and rcsLricLions uI"ot" uut' iotttt in SttpplemanLal
Declarations '
u *
"
r u ! i., "
r f +*-'"#J#rE-r r I
I ! i ;' ; i : [i ] I"'';;: ;X: i
"
3;': : : :
as are cusiomarjly jn:id:lt"fri"'tort' un-ress oEherwise
srrecifred on ii,o piat, or. in-a suppremental.Declaratlon' no
MuILl-FamiIy LoE may be i'p'J'nla-"i-iJn suiraings containlng
u'l:)[ ';"')9 P:r'[ 5l)
urr;i\ ';':!1) rrl: 5f;
more than the number of Dwellinq Units descrlbed for such Lot
by the PIat or ;;;^ supplcnrenta-l .neclaration' Each DrveIIing
Unit within tne euifliiqitf shaII be deslgned to'accommodate
no mora rrran one"'1Tl-'i"i,iil V ana ris servinEs and occasional
gtlests. No stru"it'to' or af'o'e-ground Improvements shall bc
pernriEted on ;;;-l;;iEl-Familv. iot which are deEached or
separated tto* "tnu Btrilding (i ) containing DweIIing Units
unless locaLed "ifnfrta rous-onibly compact area. adJacenL to
the Butldlng(s) anrl unlcss deiigned'as a slngle vlsual
eIemenE, "onn""ioJoi
relat'cd visuaily 'ith thc Bu-lIdrng(s) by
approved archiLecLural features' Eaih DweIIing t.tnit 1''ithin a
Building snafi--trave a mlnlmtlm floor area' excluslve of
;;;;;;;; fot"i'ni, patlos unq accessorv structures ' as
speclfled on til; bfol ot ln a suDDIemenLaI Declaratlon' No
Bullding o. r*pt-o\'uln"nt on u MuItilFamiIy Lot sn.af]. exceed the
naxlmum helglrt,'tp""i?i"o 1n the-f'os Amigos nanch Planned Unlt
Developmcnt zoning--oiutticL- Map' or as -may P: furt'her
restricted nV 'i,'pif
"trental tl.ecIiraLIon ' AII above-grotrnd
rmprovement", ui.[[i landscaping and necessary crossings for
access drlveways, brldges or paths' shall bc contained withln
the boundariou'i'f -tfiu ,5tifaing enrelope dcsignated for such
LoL. AIL I'tultilro'iiiv-iois sf,arr be iequired to connect to
Lhe centraf ,uoi"t-"ysiu' anA ce-ntra1 sewer system scrvicing
the ProPercies] u-o'-private weI] or sewage disposal sysLem
,iif u.'pnrmittecl on t'lu1Ll-Fami ly Lots '
D. common l\rca ' The Comnton Area shall bc kcpL
excluslvely orffi. onJ-o" a natural for:csted or natural
open area, except as nay be stated or provided in the plaE or
supplemenrur oo'SirIJrioio-urio"tinq rhe coNnon Area, provided,
howevcr, either"-On"tutunt or Lhe issoclaElon may 'improve the
Common Arca for rocreaLlonal or ]eisttr<) acE'lv1Eles for the
benefic of tnc o"^"itl-it'"tt family mcmbcrs and gues!s ancl
invitees, or for the pr)rpose of installing -beIow-surface
uLlI-ttslcs rcasonable or ncccssar)'to provlde or Improve access
or service to ln" ptopc!:tlcs or to oEher proPerty in the Los
Amlgos nun.rl pi,annea iinit DeveloomenE ' As Is more f uIIy seL
forthinrrrticr-e..rv'hereof,theAssociat'ionshal}haveLhe
authorlty to fimlt or restrict the use of any or aIl portions
of the Cot.on-"iieu- to cerEain uses' certain persons and
classes ot pcrso"!-ona to prescrlbe ru)os and regulations wlth
rcspcct tnereul-anJto cttirqe fees in connection wiEh the use
thereo f .
3.20. Mlscellaneous '
A. No LoL shall bc used in any man'ner whatsoever to
explor:e for or to remove any watoi' oi I ' 9as or other
hydrocarbonu o'i ntlnoiuft of any- Lype whaLsoever'' iniluding'
but not limitei io, gro"or, coal, carth, earth subsLanccs or
radioactive or fissionable materials'
B. No Owncr shal I qlter' change 'oI relocate any
facility fo. "put*un"nf ut'ility service without the prior
wriLEen "onrunl"i-i-'it,e-
appii.coble governmcntal aurhorlty or
uLlIlty.o'nponiinali*aiclrtcccturalConrrolcommit'Eee'
C. No dish or antcnna for transmission or reccption of
teLevislon tiqi;"' ;;-;;' oEher form of electromasnetlc
radlatlon sttaii ne erectcd'':o.d or maintained ou! of doors'
excepL as .r., jir "i." p-o-r*-ilLecl by tlre Arclri tectura I conLrol
Committee'
D.. r : ; 3 l i "fa;*+*#^"r- J.. f"'J# ^ : il : :i# u "'J' o n' " i i
maintenancu r,v ottiJtuil''- or itt duiv authotii:1--^":,":t' of anv
rmprovemcnt, "tru"iuiJ ot sjgn nece'uuty or convenienE to the
construcLion ot nul-t-Ji.-ngs and impror,c*enti rrpon the propcrLl es or
oLher properLy in if.re io1 Anrigos Ranch I)Ianned Unlt DevelopmenL or
--
e-
rr:l::K 'i'l)!) nll I:'7
the sale, promotlon, opcratiol of .<l!sposition of Lhe I'oLs or
rmDrovemer)ts siruauc witiri.n the lroporll& or oLhcr propcrty ln Los
lmloos Ranch Plan"ti'L^iL oe"clopme.ni]^-wrinot't Itm'ltatlon on thc
for6qoing, not'hinq
-c;i;i;;d in this'DecIar:ation shalr Iimit the
rloht of DecIar:a^t' * "L'pl eLc- cons-trt'"iion of Buildlngs and other
rm6rovement, fn' tt'o-'ooaldionar pt'u'*t'l-t ttogou of developmcnt of
th; Los Alnlgos n;"";-;i;;noa'unti GvetopmenL undertaken bv
Declaranc. oectar:a?t'"r''otr- i"tlrer be exempt irom any resLrictions
set forrh ln thls"olJilt"t'i-on ri*itiG the rtghc to storase and
hanclring of i:hc macJr-i-a-Is, iupplics nnJiqiiipnicni;.che operatsion of
construcLion vchlcio-"i;-;d"i;;;it l:9''J'in"rv; thc emplovmant of
construcElon pu,'onn"i' t! tie ercctlo;'-;;;ti;d and malntarnlns of
such structures, 'iitprivu
' stgnag-e--'or ot'her- ImProvements t'hat
DeclaranEdeemstJJJ-'.jujonabieb,ii.u='urytotheprocessof
developrnenl-, in"iuii-"ti--tno co^preu'ion of const-ruct'ion and
dlsDositlon of "oi'ip'r'it'oo
i;t" -;."-; Butldings by sale' rease or
othtrwise. ourlnq'the course of on-v--constiuction undertaken by
Declaranl-, Declararnt''"-r'oii"itlio-ir'o ilont ?f' t:::on"^1l,e easemenLs
for the ingress '""i"igt"it tr a.l1 - machinery' eguipment and
ocrsonner and ro"'ii'o "l;;;;q"--and-lancling or the maLerlals'
iuooLies ancl equlpment, whlclr riqnt oi-ingt6ut and egress shalr
exti:ncr Eo utll itY companlcs '
ltR'IICLE IV
rllD -4,SSoCIItTION
4.1. General.Purposo' The Association shall be a non-proflt
corporation otg'nl#C.md=ut tii" l;;; ;i the state of cororado' rhe
Associatlon is orgi;i'utt fo' rhc purpose of bc'ing and constitutinq
the enLiLy ro. tiil''iJItt'It"""";'';;; muEuaI lntercsts of the
owners of the propJra-r"i'i nctucllng _ttie'lxercrse of alI riqhLs ancl
rrri.vi leqcs anc! tr* -p"tf tlmance tf- otI (luties and obligations
Lxores s or imp] f .a'i n "ajt i""'ti". i
"
ta c ion, SrrppI cmcnta I Decl a ra Li ons'
rhl Arriclas ana rytir..--rir,u ns=o.iaiion iir.rrl be governcd bY iLs
Board, which unoriY::':'i:r#'ir''L--t'slits an<l powers as set forch 1n
iiu-rt!to"iaLion's'\rricles and ByIaws'
4.2. I'lernbershirr' - BI. o"<::-p-lrrg a deecl to a Lot' each owner
slrall be a ltemuEi of tf'e lssociatlon' Membershlp shaII be
aDDurEenant to and may noc bc scparatc fron or'rncrsltip of any Lot'
utmuershtp 1n Lhe' ;'=:;t*io"n li"ir auLomaLical Iv Lransf er along
;i.ilr-i;;-transfer of t'itre Lo any LoE'
4.3. Votinq fr!\ts' The- ItssociaLion shall have two (2)
classes of voeingT'#U#uf ip' Class A l''lenrbers shall be alI O''ners '
excludl.ng oectaran'tl 'f'o 'nirI be- enLitled Lo one (l) vote for each
Lot owned, ur"np."iJr"urrl'i-nu,niry Lots which shall have throe (3)
votes for each f-ot-ownea' Class-n-mernbership shall be held solely
and exclusively bi iu"titunt' whlch sfraff bc enLiLIed to three (3)
votes f or each tt'lqiu=liJ"ii;;"; n;tar nesidential LoE and nine ( 9 )
vores for each i,?,,iii-;;;iry r-o_r. eltncr owned or planned for
developmcnt witnin il'--r',ido' Ranch Planned Unit Development,
soecr f icarry rn"riii,ifin"r" iocs pr.annoa fo. properry dcscribed ln
rxniUtts A and n"JJiJ.n"i"i.,rueo, lut u*ct,rding- thaL parL of thc
Los Amigqs Ranch;i"";;;-u;ii oet'etoprncnt known as Subdivision r'
CIass S memUcrshi p shaII cease una bc converEed to CIass A
membership *hunt'"'*t -triJ- totur vot-es oucst'andlng irt class A
member:ship oq'uf tfi" tJot't'otou out'slanaing in CIasi B membershlp'
When more than one (t) person.ot:nEity holds an inLarest- 1n any
Lot,aIIpcrsons"'at"l'titicsshallbeMtmbers'providedthatinnoevent shall thc n,*U"t of votes "iit f'y tho i4embe.r.s excecd the
numberofvoLcs"ii"t"l"aper-L:ipteuiotitll'seuforEh'DccIaranE
may cas! arl cras's'"g";;;;t' hercl b.y
-it' rttotpective- 'as to whethcr
or noL r,o., ouuSJJt io'ciinn n *ornuoiunlp no"d been flnallv ptatted
or not.
I . q . pele+*Ht,.u'#En,,o"iJJl""^ ;:'Ji;'illlili?li ;
obl lgatlons and duEres "t-^:l'--::,i""-'r*^-- ,r'""' ourron or enLity,
assigncd, aertg"JJJ' - ot conlractcd to any person
10
e
uuij( ';'l)1, rllt 5S
lncludlnq the engaging of seflrices of a professlonal manager or
managing agenE, Providcd:
A. llo Lransfer' asslgnmcnE' deloqatlon' or cont-ractual
arrangemcn. tn"li-'"tlirv ill6 righis ancl privlleges or relleve
Lhe Assoclatj;;-ito* tnt or'ftgail;no untt dutlcs set' forLh In
this Declaratjon;
D. No Lransfcr' assJgnmenL or delcgatlon shaLl rcvoke
or change uny-oi.Lhc'rights or. obllgatlons of Lhe owners as
ire-""t-forth in this Declarat'lon; and
C. Any ('lqreerncnL for profcssionirl managoment or any
otlrer contract ;?;;ttii;; r; "'tlt;; servlces of the Assocration
shalI be in ,"i.trin'q;';;1 -;;...c1 rhree (3) years, and provlde
for the terminat'Ion b]' elther party v'iEhout cause and without
paynrcnE of u"1urnlintirlon fec on'nineLy (90) days or lcss
writ-r-cn notlce'
4.5. Limitalion L'pcn Liabilitv-'
A. Inlemn i f :!sa t j oLg+,#*#1#*f'sr;",':l'lf;:
the Associ.at Lon, an)' mcmber ot
,\ssoclatlon nor any agent or employee of Ehe--Assoclatlon'
shall be liabIe to any owner or other-person or ent'ity for any
action or for any fallure ro act vriin ittputt to anY matter lf
the acElon t'lo'n -ot failure io icr *ai ln good faiEh and
wlthotrt ,i: f it'i-'or lnientional nr!sconduct' The lrssociaLion
shal.r lndcmni'i;; "t'ta r'"ia harmless anv member of Lhe Board' any
of f lcer of tlre A'r:sociaLion or -iny ugunr .or :IP-I.oyee of the
J\ssociatro^';;;'-;;v-ana aIl ieasonable costs' damages'
chargcs, rr.rullJlies, oul jgations' fin-es' penaltles' claims'
demantls, ot n'oq*enLs and-any and al-I expenses' includlng'
wlEhouL IjmtLaLion, attorneys' fees' lncurred 1n the defense
or sett-lctncnL of any acEion arising ouL of. 'or claimed on
account of airy-act,'omisslon, erroi or neglrgence of suctr
person or of tirc' J\ssoclatlon' Llte Doard ' or any conunittce of
the Associatlon, provldcd that iuch pcrson-has acted ln good
faith and "ilf'out'r.lifff'f or intentional misconduct'
B. LinritaLjon Upo4 .. LiablIlit, ,.9f== lssociaLlon'
}iotwithstandingtheduLyot-tnG_rrs:;oE]EETontori6,Ti.Ea-rn-Eia
repair po..u-ui iito ptotittties' the Assoc.i.atiol^:hoII not be
IlabIe for inJury or cltrnagc' other f,han the normal costs ot
the mainLenance an<i rePair, caused by any IaLent condltlon of
;;;; P;;;".rluJ-oi-lv tlie.conduct of other owners or persons or
by casualtiei foru nicfinsurance pursrtant to thts Declaration
ls noL requlred, or for rvhlch insuiance is noL provided by thc
Association '
4.6. Insurance' The Assoclatlon shaII be rcquired and
empowered to outaii and miintaln the followlng lnsurance so far as
such insur,n"n "o..,"tage is practicably obEainable:
A. rnsttrance for thc Common Area ancl all personal
property o"n"J-UV thc hssocl(l.tjon provJ'dIng coverage againsL
loss or damage by irrigation' <lebris iemoval ' cost ot
demolition,''u'nauti"' rnoii"ioui mischief' windstorm' water
damage , fLre anJ arf other "ut'irEy as covered under standard
coverage p.o'Iuion'i f or Ehe rur i1n'="tobIe rcplacement cost of
the damaged proPcrEy' .InsurancL coverago shall also lnclude
proEection ior- etectrical pt"npn ina aisociated elecErical
r.rlring usea 't"o
=oi"-i"o and maintain arry lrrigatlon systems.
B. comprchenslvo publ lc I iabittty lnsurance ln a
minimum urornl';; ii,ooo,ooo borlilv iniury per occurrencc'
$5O0,o0Ofi''t-uuti''accident'-onaicaLutoryworkmen'slomplnsation coverage upon ern'ployccs'
l1
e:-
!.\,:lt '7'1.tr.) ll'.t lt3
C. Such othcr ltrsrrrancc as thc Association considers
prudent.
4 .7 . Arch i tecLura I Control Commi ttee '
A. Thc Archttccttlral Control.Committae shall conslsL of
three (l) porronu"1"o"-;;--appoint-ctt.uv Lhe majoriEy of the
Board . 'I'hc meLhocl ;i ;";;Lt o f the' Archi LeCcura I control
CotnmiLr,ee's appoit'tmlnt'' ioptocemcnt' and rcmov''tl' as we)'I as
method of operatlo'i,
-to r'he exLent tlol Pr:ovldcd hercln' shall
bc as scr forth in';;"';;i;i;s ana nvtals of thc IssociaLlorl'
B. No Builcllng, Improvement or Tenlporary Structure
shal I bc lnsLaIIecl , eiecLcd' :oltl-t'^tred' pliced or permiLted
or alt er:ed with j.n in" ntopt"tlcs. exce-ot upon tho prior wriEt'en
conscnL ana approJai oi in" architectural Concrol CommlLLee'
C, To secure approval of i-lie Architectural Control
CommiEtee, un oppli"ution for approval shall be submitted Lo
tho Architectural a;;;;"i connritLeo.for its review and flnal
approval, strch .Pp;i;;;i;n to lncrude rcasonabre fees as are
esrablishcd f rom ir-r#'iJ"cime- ny- t,.e Archi Lectural Control
Committee .o onttlr'in"" -9tt;! tj-ltt revlew and drrplicate
copies of plans onJipeciflcarlons relatlng to any BulI<11n9 or
rnrDro'emcnt. PI";i "ti;"
"^p"ti11"";ions shal I contaln' wit'hout'
limitation, ttrc p)Jr ;';;;-arul-sectional olans showing layouL'
lncluding f.l orv rr'Il fionnet t'f surfacc iralnage' finislt and
naturar grade uiu'iliont; froor plans sliowlng overarl
cljmensj.ons; roof o''"-*
-stio'rnq piucir' roof. materla-ls' and
col or ; ext-e r i ot,,r J'iJi L"-"t"t iit"ilnq tiontu' wi ndows and axLeri or
materials ana coro-rs-;- i potuptcuive. skcLch if rcqucsLed; and
oEhcr doLai Is r:oqu-nJr',nJr'v-ir.,i nr.rlitectura I Control comnri t-tec
to exPItl 1n any f eature or component- of Llte Btrildj ng or
ImprovcmenL. str"k;;- "or-no.. for the proposed Bul Idlng '
IrnDrovemenL, 'Temportrry SLructure or. cxcavation anct an on-s i t'e
tninectlon ''nay nu' tlq'liutr by -Lhe
ArclriLecEural control
Committee. trppllcoclbnt for Tcntporary Structures' shall
speclfy the urrol-- "olo., dcslgn, puipooe and tlmc of
existcncc.
D. The ArchiLectural ConLroI CornmiLtee shaII consldcr
the aesthetic una
-1'n"rionof design of..any Bu-i-lding or
Improvement as to Lltt"q"ifitv of..woikmanship and maEerlals'
harmony ot o*.oti-'oi il;ll; wiLh exjsting Btrlldings or
Improvements, Locaiion with iespect.Lo topography and finished
oracle elevaLiou, iia-'irin ltnuuiuorion ancl LnhancemenL of thc
Y:i;; ""J-ih; 'vGuaI appearanc-e ^of existins Bulldings or
ImprovemenLs. tn"-ltitfJioctural control committee shaII be
emoowered to <leveIop, promllgat'c.' establish' amend and cnforce
;:I;;;;;; -;^; run?Lionur -desisn criteria ' suidel ines or
sCandards and procedures for approval' Without Iimitation on
the foregolnq, tuIIo"ii'e surfites and bright colors shaII be
dlscouragcd '
.E.The^rchltectura}controlcommiLuceshallapproveor
dlsapprovc urr "i'iiicn- print vrith.in slxty (60) days af t'cr
submisslon. In t';; -*uni the ArchiLect'uraI conErol conunlttee
fails Lo take uni-altion- wittrl-n
-s-rrch
six[y (60) day pcriod'
the proPoscrl Builting or ImprovcmcnE shatl bc deemed approvect'
The maJoritv tt i"i'J ;-f -;ii; Architectural control commiLtee
shaII be ruqu.,ttd fo' the approval or dlsapproval of any
pt"p"="a outicling or Improvement"
F. The ArchlLecttlral Control Commlttee shall not' bc
llabIe for damaqe to any p.erson stlbmlLLing requcst's fot
approval or co u"'r"o'-not-*itntn -tlta Propcrry by reason of any
action, fairure ;L;;J'- appio"ar' <llsafproval' or fallurc Eo
aDDrove or oisapprove wit.h ^I:-S:^rd to- strch request'' The
.tLions of the nrl'hitecrural conuroi commiLtee shall be deemed
t2
!)!r.x 'j'1 l1) g'rr' (ii)
concluslvely blnding upon the Owners' In any dlspute bctwcen
the Archtto"t'i'u]"^'t'onitn'r Co'^1:;;; ana anl'Lot owner' Lhe
prevairlng p"t;;";;i'i't" ",.titrui"to
iousonabre atLornel's'
fces and costs'
G. rn the event 9ny renalr' modificatlon' new
consiructlon Jt'" rniiirlatlon. ;;-;;' Dulrd-lng or othcr
rmprovement, f ;; *nJ"r'' lr'"-nrcrri-teccurii contro t Commi ttee has
oivenlLsapProvat'lsnotto'n'nn"JJ-'itninone(1)yearfr:om
ihe aouu of such approval,.ttrcn siril oppr""ut sharr be dccmcd
to have been not- given i.rr -:I"
--iituC lnstance unless the
Ar:chltecturaf ionr:161 CommiLEe€ extcnas such one-y'ear periocl
of tlme rot "t"*Jn -ial'itionut ;;;i;e or Periods as the
Architecturar c-oriiroi Commttteo'd-"u'- reasoirable under the
clrcumsEances,
- LuL in no t'onJ-iot any perlod of tlme
exceeding two (2) years f.to*,L-lL aate approval- 1s first glvcn'
Once commenccd, any repair.' *otltiftotion' no* consLruction or
lnsrarlarjon wrr.h respecr, ro any;;ii;l"g'or orher Improvcment
must be diligentllr piosecuted uniil-subiuantlal cornpleLjon'
II . The ]\rchitect-ursI .C.ontrol Committee shaII be
entiLledLot";;;;;--corrstr''rcuiondcpositsboLlrtoassureconsrructlon ii' com;,Ie.r-od I n .-J*pf l,irico rrlth the approval
glven and Lo ";;,l;;iq;inst
damag-e i:o puotic roads' and rights-
of-wayo'.on',i.i'.'"1"."J..-rr,onrcr,rirecuuralcontrol.Committee,aL Jts .:it"tot'lon' *' t""t ttt"- toit-oto'-ion and repair of
public roaas aii rigiiiJ-or-"'v 1t-ct^-*o^ Area' clean-up of the
consurucLl"n oi'to' 'o(f (l(:t <rrrsr. control mcasttres' or rcltlovc or
modifyrnournoiiilo*to"'tt"tlon"ititlocductthecostsforsajdwork from rnu'<:-tln'oiit'ttiou dcpos!t' The Assoclation may
chttrge any cosL <leflciency to Lhc owllcr'
4.8. Ad(rltionar Rigl":. un!-l*tifti:*fzfffi; "ll
?::il'?l J;r.1,'..1:i:l[,,l,il'i;pri!i.:i'.;1 bo"iilurions, Iriticrcs or
Bylaws, Llte n'uotiJio.rt shali- havc.' wiLhout' IirnitaLion upon any
other express "' ifipii'"0-;;;;tt' stie roitovring addttlonal rlshLs
and duEles:
t o c, oA o o, TifTis*i?3"0*i,''#3 ;. J' : i i : ! iii,: Xilii ; i ii:
dtrtv, obligotio;;""";;^*p' g"itlifion ot reitrictlon set forLh
1n EhIs oecllraiion agalnst' anv owner or l4embcr' rn anY
enforcement ""tit^ uy ihe Associarjon aga'[nst any Owner or
Membcr, th" ;;;;;iriig ;ottv stratt bc enlirled to aIr coscs
associated"it;;;-itlu'nfot""*ont-ittiun'lncludlngreasonableaLtorneys' fees '
B. ffi?',,.Ini, l'rXT"i'.',*.:tiilmaintaln the
-Common "trt;'1,'."""1'.""i;' ; - n"oi, clean and well-
i:*::l::lo ji"'Jr"J'".,In"'"?!!l'',,oinio-n1-n"o shaIi Incr ude
easement s , t'i"9i'"r^u--o-i -"uy ' methods of ingress and egress '
utltities, t;;;;; ""1r*'ancl.drives'
Bt approval of the
Membersr tno-A't'ociation *a-y undnttaka capltal lmprovement's
iiifn tuiPucL to t'he common Area '
c. ;t.;-:--.,i"- ^::::i:.1::
H:?r; j:$rtr" ", * ;; ;; #, opera r-r-on, *on"go'n"n.t, ma i ntena nce,
repair una tuiiuto^"nt ot o'y o'- "li p'r'ri" and' prlvate roads'
I n add i rron,,',Jtic--a.''.oc iu r i on'noi -*ui nt'a 1 n a I } easemenEs and
riqhLs-of-way slEtraEe upon'*'tnn- Properties' includlng
vehicular,plou"-tJon'equtsrriananctuLilitye'asementsand
rlqhts-of -way ' l'talntenance may tnctude removal' of snow or
other debris '
otnu'|i," ;H+lffi '"'1"
"'::
::t:;:"?:i
13
f-
(=
1r':'rI '7'1)I) Prtt
drsLrlcts, Ehe Assoc.tation may provitrc for garbage and Lrash
rcmoval and uLli'i-iy'oruftes to.the Lot's and Lhe common Area'
inclr"rding, uut"n'oi' ii-it"a-1t' lrrigarion and potable waLer'
and sewer or septic scrvice.' r'iie'atsociation may obligate
Itself to pav u-i"isonuure share ;; ;;;-"o"tt and expcnses of
any system f,"n"fitf"g"inu n'opottles ln the naLurc of an area-
wlde tclevfsion toot'cot' translator or cable system'
E. ntrl e-r.'akinq and l/ioIg-!-olsH#'Hi.:i"t ^;:i::"::l
;:;ll".H;: r'j.:."i,"I'."; # -"r;'"";a'"ir
-;;;i ana.
-peisonar
properEy una oin.iJJ"iiitiou oi tn"-associatlon' speciftcalJy
lncludlng tn" Co*'non Area' to.uu"iit-u if* f'ff"tt enJoymenE and
use by tne pcrsoni-autfror'izea to'Jnjoy and use the' samc' The
Assoclatlon may provlde rot uunJi'tiit for the vloIaLIon of
such rules ana'rdgu)atlons uv rines and penaltles, lncludinq
the expulsron oi'J*'ti;;;; ;i ;;Itt"tn iton' L'h: gnjovment of
alI real and personal proPoril- ;d f aci IlLies of thc
Assoclation anct ihe Comrnon Area'- rhe Association furt'her may
lmpose ,.ot rt"tu""ioi-lhn '.,,e-of ihe common Area or real or
personal p,npniiy-ot otnu' faciiitlcs of the Associatlon'
provided "r",, "r"u";;"r-;;;r,nlformly
applred for tlre purpose
of defraying Li orrscttinq 9out": ina exPenses of thc
lrssociatii:n ittributable to such uses'
F. Governmcnt4I Suc-cqqs-o-r' Any froperiV o-r facility
owned or held 67tne lssociationtancl any ftrnct'lon or activltY
required to ;J;;';il;'"i'r'v *t" association undor thls
Declaration ri' u6 transferreb to any governm.ental authority
wh j ch is w j r I i"iq "; ::-.,:;i-;;;-uour*.'stich obI j gat lons on such
rerms and "on,i'ilrr'J'no-ir''ifr"
rtisociution shaIl- deem to be in
the bcst inEcrests of the o*nerJ-ana vrlth written consent of
Declarant.
G. l-!!cmqlficat'jqf'-S!-!gSlAfln!' vlith respoct Eo real
or personat Prode;ty Gant'a o-t-1-"o-;;a to Ehe AssociaLion by
Declar:ant, illo'it-J#iJfion sha-rI lndemnify and hold DeclaranL
harntlcss f roln any anr] a j I }osscs, ] iaLiltties or claims
ari.slng from or: In"onnottion ,.lritr Ehe improvement' operation'
maintenancu ot 'lo Gotcof by Lhe nssociation or any person or
untitV auLhorizecl to usc Llte same'
4.9. Ampl-if icatig]1 ' The Association may exercise' any and aIl
other rtght.s ona p'?'-it'-og"u 9i'on to iiuy unis Declarat'ion' by iLs
Artlcles or Dyravrsl ;;''^: riav o1115wise be given to. it bv raw'
whethcr eYpress oi'i*ptiua' r-easonable or neJessary to carry out
lrs purposes as urn'']oJ-r"Jr;h; rtiis DccLar.ltion and undor the
Articles and nyra''s '--- rio'ot'ot' che Associatlon shall not' be
cntitled to:
A. Change Ehe obl igation ol any Owner for paylng
assessments or charges hcreundcr;
B. Physically pcrrtir:ion or subdivide any LoL; or
C' PartiLion' subdivide' encufllbcr' sell or transfer t'ha
Common atnu, J*"upi'{o-t. tne graniing of easements for ptrblic
utjlitles or other publi-c pt''potoo ctnsistcnL with the intcnt
and PurPose of this DaclaraLj'on'
4 . J0. ProperLv Ftrrnished bv Declarant to Assoclation '
in'"lir'#ft i?"-"'--4*"n'i''iF;":"';T"J""^?T!'""":i'ii::';:;
be sord, conveyed, Icased' ttonliltie<t' auana-on-ed or <lisposed
of by tno n'#t-flEion without thc consent of Declarant' nor
shaIl any I*p;;;;;;;li on rcar ptopuitv granted or'convevcd Lo
the LssociaEion by oectarant r! desiroyed, permltLed Lo
t4
ulrir( '?':.)1) frtt t;2
deEerioraLe, wasre or be disposed of. by the Association
$rlthout the con:;ent of Declarant'
B . Des i clna t 19L o f Eas.emett-s-:-^, Au to any rea I propcrty
or lnEaresL in real-properLy -conveyed or providcd ro the
Association uy p.Jiot'o^i', -no't: arant- rcservcs Lhe rlght Lo
create or lmpose
-t"t"*"rltt for utiliEles (lncluding 9ds'
el.ectrlclty, *oaoi]--'tu;;;' . . celephonc' ielevision and
inLercommttnicatLon, alarm or- other syst'em) ' drainagc' prrblic
or privaEe "qu"=ariunl or hlking traits' and for lngress and
egress and access '
C. Commercial Ent-erPll-9ce-- Except for lsolatcd and
occasronal commerEJTf--la=cii-iiTEles . normally classl f led as
organlzed crrlc evliti, tftititable benefits or fund raisers'
no commercrut "nt"Ifii!o ot activtEy shall be conducted upon
any real paop"tcy-L' lnt-eresE in rcal propert)" IncJudlng
rmDrovcmcnts tnereJri, granted, conveyed or furnished by
netlarant to the AssoclaLion'
5. 1. Owng-E}-obl iqattoq. Bv acccpt',ing a. cleed t-1 :].y Lot' each
owner agrees .o pui=ffit19Ji"t1t; ari the assessmcnts' Eo be
fixcd ancl levied frtrn tlnre t'o time as Drovidcd in Ehis Declaration'
the ArElcIcs and Bvlaws ' Such assessrirents ' tsogcLhcr' wlth InEerest
accrutng rhereon i;;"'";1" ";;;-;i-.ollection in the event of a
de) Inquencv or pov*Int,'-trlii:- ue trre personal jolnL and several
obllgatIon ot ou"i,'p!tti"-ot."rrtl -t.Y-*ho is Lhc owner thereof at' thc
tlrne the uto"orrnonl vras made ' l{bn-usc by an Owner of a Lot or
connton Arca shaII noi relieve the Or'rncr'of obligations to t'he
Associauion'
5.2. Reqrrlar 4qsessments' VJLthin thirty (30) days followlng
Lhe commencemenL "f;ffit'it(:"r yuii of the essociaLion' lhe Board
shalleslimaLctlrecostsandexponsestobeincttrredbythe
AssoctaLlon during such flscar. ye-ar in performing 1t,s funcLions
Dursuant Lo Lhis plclaration' Ehe Articla; ancl UyIaws (including a
I:iiii"Ior "'p;;;ir'i;;-ioi
-"onri nscncios ancl rcplacements ), and shal I
subtracL from such est'imate an t'*ounL uq'ul to the anticipated
balance (exclusive ";-;;y ruuu.'t,uu) in tlre operaLing fund at the
slart of such flscai-y;;; ,t,t"tr 1s. attribuuaLlc to tlte operation
ancl nlaintenanco ii'"iu*"nuu for the prior flscal ycar' The
estimate so aet'eflnined shall bo assessed to Lhe CIass A and B
members as a reguLii iit"o'*enL by divirting the total cstimat'e by
the total nunl:er of Class A and B membership votes r'rhich are
allocate(l to Iand within Ehe Propertics whjcli tr'rs been finalIy
platEed, and assesti''g"iftu iesultrig pcr voLe amount to such class
I and B membcrs, provided' ho-wever' Ltass g menrbersh'ips shal I bo
assessed at' one-tliird (1/l) of thc. raie of class '\ meml:erships and
1n no event, srrari tni asscssmenEs against class_B^-memberships
excced f lft.y percunt- iiO'l) of- the. totu--l astussmcnts aqainsL Class
A and class B ,n.."not=|'1p'" Regrrlar ot'ouontonts shall be paid ln
twelve (12) equa);;;it insrailrnenti' clue on or before Lhe l0th
day of edch month, payments. to.cornmence'with the flrst rnonEh of tho
flscaL year. lrrut!'nlnr's shall accrue intcrest aL elghteen percen!
( 181) per anntrm, ";;;;;;;-inn'irrv'
from and af Eer Lhe due dale
thereof.
5.3. Special Assessmqnqe ' If' aL any tlmo durlng the fiscal
year,t,he'og.,to;ffiprov-eslnadequateforanyreason.
incructing non-puv^ui;';;-;;t owner'i sh'rre ihoreof' Lhe Iloard mav
levy a furEher "'"ttt*ttt fn tnc u'nouni t'f such actual or csLimatcd
lnadequacy. Thc ti'"titf assessmenE tnlff be assessed to the CIass
A ancl t] mernbershii!''looi'l"u;;
-;; ;t;; owncd r+itlrln Lhe PropcrLlcs
thaL havc -heen final]y plattcd.ny ai"iOing Lhc toEaI esLimaEe by
the LotaI nuxnber or-ii"i" A and n *etntetofiip votes applic'rble to
flnally platLcd l'oit I"a-itsesslng tne resultinq per vote amount Lo
t5
ult( '7(.)f) tr':r' (';:l
the Oi.rners, providcd, howcver'.CIass B membershlps shall be
assessecl.lt one-third (f/3) Ehc raLe oi-ctuuo A membcrshlps' and in
no evcnE shalI Ehe otioti'itont agalnsi Ctass g memberships exceed
fifLy pcrcent (501)";;-lh; touui o"ussmenus against crass rt and
class B memberships, such asscs-smenr:-1; ue paid elEher in equal
monthly .inslallmcnt,'o"ot the bal'lncc of Lhc rLmaining fiscal year'
or ln a lump sr* nJfiing,.as the.lloard:ihall deLernine' spccral
assessments sharr ;;;;';'j'ntcresr at eigltteen percent (lBt) per
annum, comPounded o-n-n-'-uf ly, f rom and af ter .their due daLc '
5.4 . ng,!m.!L!.Isement Asto,,t-tll!!:. The Board may levy a
reimbursemene asseii6eiT-agi' insr: --ny owner as a resulE of strch
owner's, or such owner's tenant's' gucst's' or occupant's' failure
to mainLaln their Loi-un.f-u"y fuiidinO or in'proroment thereon, for
damagc Eo roads, ,ilk*uy', e-asemcnts' oEhcr publtc rlghus-of-way'
or to thc Common Area and InlprovemenLs thcrcon exceedlng or:dlnary
wear and tear, ;;; for cosL defjclcncles associaLed with
consLruction remedil.Jit; ; seE f orth 1n Paragraph 4 '?'tl' herein'
regardless of whet,her such damage r''as caused by the wtllful or
negligcnt act or o*ittion o{ sucli owner' or o$'ner's tenant' gtlest
or occupanr. s;;- aiscss,oent sharl' be f or the purpose of
reimbursing the a.uotioii"n for its actual costs and expenses
lncurred for the repair, maintenance or resLoraLion of such damagc'
and shaII be ou" -anJ',payable Lo the l\ssociation when lcvjecl.
Reimbursemonu u.o"nurcnts itratl accrue InteresL at elghteen percent
(18x) per anntrm, .;;;;;;;;; annuallv' from and of their due date'
5.5. Enforcenrcnt. In the event any asser;sment ls not paid
when due, the Assod*.ion-may cnf orce puy'ent of such ob)'lgatlon by
iny ". ui t of thc f orlovrirrg rentedies:
A. The Associal-lon may cIecL to accclerate ancl declare
lmmedtat.ely duc and Payable tshe romaining balance of regular
or: spocial assessments for srtclt fiscal year'
B. 1'lre AssociaLion may commcncc a suiL to collect thc
delinquent. o"tutorunts, lnclucllno anv accclcrated assessmenE'
Any iuctgmcnr renOered in srrch u"ifon shall include an amount
to reimbttrse Lhe AssociaLlon for cosLs of sult' inclr'tding
reasonablc aLtorncys' fces'
C. The ,\ssociatlon may suspend a clef^ultlng Owner's
votinq rlght anc! alL rjgltL to use ancl enioYmcnt of the Common
eioi inUii alI delinquenL asscssme'lts are paid'
D. AII dellnquenE assessments not patd when due shall
be a Iien on the Or'rner's Lot which shalI bind the Or'.'ner and
his heirs, ,f"'i"u"t, personal reprcsenLatives and assigns' At
;;; ll;; 'rorio'ing'on o'not's iailtrre to pav anv assessmcnL
when dtte, the Biard maY prepare and -fiIe.a certiflcate
claimlng srcn'liun, "nitnt"itrit"ute shaII state thc namc and
address of Lhe delinquent Owne!:, thc IcaaI cl.escrl.ption of llro
property uur,.ioti co ihu I i cn ' the anrounl- clalm(-'d duc ' and tha l:
the cIalm ot'iion-is being made pursuant. t.o Lh.is. DeclaraLion.
Thei Iien cruirotl heretlnder may be foreclosed in the manner
prorrana ry ri" for the Jucllcial foreclosurc of a mortqage
l len upon t.ol' pioporcy rincier appl lcable Colorado Iar'r ' I n
such forectorutu-urit, ine cost's oi suJt, including reasonable
;;;;t;;tt'f;;;,sharrbcawardedEotheAssoclation'
D. NoEwlEhstanrJlng provisions of Ehts Section' the lien
for asscss^t;;;-;;;;ioea'r'erctn sharl be subordinate Eo Lhe
Iic:n of onv ii-'-ut'r'lot1goqu' Thc I ien of the assessment shall
be srrperlor';-'';t iototruua excntpLion n9* or hereafter
provided by t;; fivl of tho scate oi colorado or Lhe Unltad
States of eme-rl*ca. f'no sale or Lransfer of any Lot shalI not'
affect tn" u'*uuJJ^"ni li"nt' Ho'e'cr' the salso'r transfer of
any LoL p,i*"'J t" rirot - r'rotijaqe foreclosuro shaLl
t6
exEinguish the lien for suclt assessmenl as to payments which
becotne a,'" p'ioi-ro srrch satn ot-lransfcr' llowever' no salc'
Lransfer or -f'orectosuro pto"ooJing brought by any first
MorLga gc r'or.rJi' r"t'n ir-
-
o, ri ngu ir-r,- lii" purs6na t o-bI i ga r i on of
rhe owner ror-i"ii'nqriunr ona- unpaid assessmenEs'
s . z . r"#E###}trjr:. il:{#5ix,":?
i33il"i;'Xr";'?rt'".:l -vuu',
-un u"""niulnl lppii'able to thaL vcar
only for urre purpoJe'J ietraying' i;'"ltlL'ot putt' -the cost' of
any construcLlon,
--tl"onstruition' "t;;;i; or' replacemcnc of
i,i,o, ooo n r s Eo :: .i:i;
;.Ji"
"{"#lit",l ;;;;.ll;::. lti:i']!:;" i, lii
3:::::::""";j,}ui'n':"""t'n""'pp'"'ar or twJ-lnirds or the class A and
CIass B votes pt"ttnt-it -i'iy mcurf.no called for such purposc aE
which a quorunr iu''pinJ"'n'"'' i:-;- tl"'" p'iJott of maklnrl capital
ImDrovemcnL assessmlnts' u quo'u-rn t'holl be not less than fi fty
oeicent ( 50?, ) of tii" 'tituf Class A und cluuo B membership vobes ''tL
it.r" t.ime of. .r.t 'muLti"g. In. assessing capitar lrxprovement's,
finally platted crusl-n-rnJnruerstript {*li i'" uituttod at one-Lhird
( 1/3) of Lhe rate "i"ci"l."n-me,nr,,crsnips
antl in no evenL shaII the
assessnlentu ogornui'cii-ru"n'rr"*rrcr=-trinl-exceed f ifty percentJ (501)
of the total asset;t;;l;-Jgatnst croji A and class B memberships'
u'!::I 'l'1 )1) t:l:t t; 1
6.1. genclar . . . o::-r:::l't^,-3,L ;:":l"",ti,T; ^31J"'[.]:^ :li
,,o n "
I . I ; "iffi'ffi*; .. ":iii {:::. ilX" :: : : i i,i I
^i
i :.1 ;i'." ;""' J ll" f, : I
: :" ff ; TA Ii ;
n; i'.,ii ". """T'r::i 11: ii":: i::::'" i : ; -';
I i :' 0"" ::?"
n :?
; : ;?'" o'.:'"t " l J"'.
"JT'
"'.";.',
t;;
l' i{l: - ^+i:: :;i; ^ ;, I: t i" 5:l: 1. ^: :::::::":i'n*,'.i,""'"lo?i'l'il"'Il" ;;. ih,'-9";:l: :,ll:' ":f i;'5;i i,';^:?
? 3?" :" ;:?l Ju''i'i ";":X ;:' ii'l- -r' t :..' Xl ":il i i: : "; ii."."'i'# : i
l ; i' " J"".1""'1 ;: nl-' "'Ju
""'J/u { " ;; v -tL:T" -' :,1 :., ?:::?o . l". ni l:lii,,?::\u'lllon,', o ) ";Ji;i " lr i:i:'ji:;, "t. ,'"lrq*y":: if.,:X:"3:3i : ::li:^ i,'"1..tJ "Jn"'Iipi r*'i.^' " i -"ri"' -i
n i cl u i i o -vea r pc r i od'
6.2. Annexat ion Procedltrcs'
shal I'J.j"ffit' or rotlivE- wnen t-nc
occurs:
A. /r PlaL of the ProPcrL.ies
The annex.'rLion of any ProperLics
Ias E of the fol lowi nq cvcnEs
upptor"a Uy appticable govcrnmental
i'"ip""a to' thc- real property to bc
Dec I a r:an ! rcse rvcs t ho r t gh E^,t: t" n'-",,
T:n
i
Lo be anncxccl has bcen
auLhoritY and filed wit'h
annexcd; and
fications, additions
DeclaraLion or anY
B- DccIaranL shaIl h9t: exectrLcd and recor:ded a
supplementar
';;;i;tt;i;n which shall descrlbe the rcar
properEy,r'icrt"iI-il-uu-inno*e<!' shalr sct forth or rcfcr to
addiclona] o' aifi"tLnE covenants' condiLions and rcst'rict-ions
appllcable to-ttt" annexed p'opu'i' and shaII declare that' the
annexed propcrLy shall bc st'biec-l'to tf it Declaration and al'l
addiLional or aiffoio'it co'onnhu=' conditiorrs and rcsLrictions
sei forth 1n Ehe Supplemental DeclaraLion'
6.3. Ef f ccc ot Anne4a! j9.l'- - .Ypon any annexation becorni'ng
ef f ecLlve, tne propn-?i!-G'6)tct to thl annexat jon s]tal I becoma and
consElr,uLe a pur. Ji'ifr."rl.I.ir,"i.!g. "..a rlre Assoclatlon shall hrrvc
and slraII accepr. "*r
-.-"r"1!e air rt'qttro, drtt'ies and obllgatl()ns
!,rith respect tso utitl'' unn"*od ptop"riv'-is are set (orth in Ehis
Dcclarauion, suppteiunfoi po"rorufio#' t-r''u rirat' and Articles and
iviu"t oI thc Association'
ARTICI.E VI I
ar,rEr.ro14 gi{rS-Co bEct.n nA'PI oN
utiLrsr'gr'v ----"t to rlle PIaL' this
or dcleEions in -,.., ha ranrriredor doleEions. in or Le L,s ''--loriiud hy Mortgage lendcr or
;;ppi;;;;iit ooctara:l"i:^l:".l,lo*,1' ;.*orv r.,iLh buil<j ine codes,?:::::Ii":"j ;;";;;-LL- nu""'ojrv ro complv
i1
r.
C
L:r.( ';'!.li ) tlr:l C5
governmental regrrlations, or rttles' lar'rs or ordinances of
applIca}:Ie gororn,onioi ' autttoritioo i f rovlcJccl . Lhat no such
modlflcaL!ons, ad,li;i;;; or dereLlons'sn!ri reqt'ire the phvsicar
modlfication of. any
-nui taing or ImDrovement or decroasc any
flnancial obligati;;" ";';;;llti^t' e*iopt for the rights rcscrved
to Declarant, urrrs-'ne;iiuii"n strati not bc revoked, modiflcd or
amended excepE upon-if'n afflrmat'ive vot-e of not Iess lhan etqhty
percen!: ( B0c, ) of '
a i f- nrerrborships entl Eled to voLe ln Ehe
AssociaLion
}.RTICI,E VIII
Arulritt-EIs!_t.-t9llq
8.1. Enforcement' The AssociaLlon' Declarant or any Owner
shall have tn. ,i.rn1= to enforce uy -any
1>roceedlng at Iaw or in
equi Ly a1 I rest,ric Ji;;t;-t;;;ifiont" co'enants' rescrvaElons' I I ens
and charqes now ot t'"toufter jmposed by Lhe provlsi'ons of this
Declaration o, uny'stii-pi"-"^loi bo"iotufion' The failure of Lhe
Assoclation, pccrarint'or any Owner to enforce any covenanL or
restrictions tereirilonciln"a shall ln no event be deemed a waiver
or estoppel of tn" -iiSl'i to do so thercafter:' or a walvcr or
esLoppel of any ;Lher- or subsequenE breach of any covenanr'
condition or rescriction herein conLained' Further' no part)'
enforclng ony "o,onuni or restriction in Lhls Declaration shall be
entltled Eo .onatiut,ifon from tlte Associatlon' Declarant' or any
other ovrner tor tn.'enforctng parcy,s costs or expenses lncurred
for any enforcement actlon' -In any Iegal proceeding^broughL for
Lhe purpose of ouloi"in.t Ltri s n"irarot ion or any sttppl.erlrent..r I
Declaration, Ehe p;;;;l'i;'tg pnttY sliir r'e en!ltled to an award of
reasonable aLto!lneys' fees and costs lncurred ln connectlon
thcrclrl th .
B ' 2 ' Sever.a!-t-l1ty' rnval ldatlon of any one of these covcnants
or resLrict-lons by judgtnenE or courL orclcr slrall noL affccE any
oLher provlslons '.ini'.rt'urtotr remaln in full force and effecL'
8.3. Duration. Th9 covenants and restrict'ions of thls
Declarat!on, or an)r amendnlent or modificatlons hereLo' shall run
wlth and bind the land for a lerm of twanty (20) years from the
date this Declaratlon uror.u"orded, after which time they sha]I be
automatlcaffy extcnaed for successive perlods of twenty (20) years'
S.4. [ymbgr and Cen4SI' l''henever usocl herejn' un]ess t]re
context. sl,aII orht**iiiJffidc' l-he singrrlar numbers shall include
the prrrral, Lhe ;;;;;l'[]io-singu]ar' ind the use of anv gender
shali include aIl gcnders '
IN WITNESS WIIEREOF, Declarant sets it's hand and seal thls
'3O -' daY of i\t*e rn it<'t- ' 199 o '
LOS AMIGOS RANCII PAII'TNERSIIIP
a CoIo,:ado gonera I Par:tnersh i P
1B
M.-rnaging General ParLner
STATE OF ILT,INOIS )) ss.
couNrY oF coox )
The foregoing, inst'rument'?lt aav of 7',.1.t.t ".'! i7./
was acknol'rledged b-efo.19-,tu-
^
tli,:
"in' o!i'3:_")'+iff:i,il\,-"isg i-',' Iv- inl'.u' :'-.*ouI as Ehe
ManagGg General Po-"^n-"-l.,:' Los aA-i!oo'Ranch Partnership' a
;;i;;;;; seneral ParLnershiP'-----witndss mY hand and official,'se?i.ir/
My commisslon expires z ------:-!!:'
,/u/., rr,,,4 /t:, /',/"'l', .'',',,.;'--
NotarY PttDr rc
"0[FtclAL slAt..,
[,lirabcth A. llr([ernrn
Notory Public. Sr:tr o[ illiooir
,.1, Crhm"rrcn Irp',r, lJ] l5 19.)l
19
e:
l)',:( '?1i{) rrr: (;t;
e
C
untll 'i'li1) rrtt (;'7
Fx!l]s-[A
LOS AMIGOS NANCH SUBDMSION I''O. 2
FIUNG NO. 1
Thal parl ol Scclions 5 and B, Tovrnsltip 7 Sotrttl, Bango B0 Wcst ol the 6lh Principal Meridian' said
real propcrty bcing more pDnicularly dcscribed as lollows:
Beginning or a point on lho westerty ri0ht'ot-way ol County no?d ry9: -1]1 thcnce a-slono lor lhc
ctoiing cirner io tho nonheast "ornot
ot said Section B bears N 73'15'34' E 1508.07 leet. with all
Oearirigs conlainod hercin being relalivo to a bearing ol S OO'32'1 1' W beNveon ihe E 1/4 corncr and
the S{cornor ol saicl Seclion Sltlrence: lront a tangcnt boaring S 2O'40'01'W southwcsterly' 60'13
leef atongihoarcol a234l.Tl lootradirtscurvclotholefthavingaccntol anolootl'28'17'and
subtcncliig a clrorct boaring S 1c'55'52'W 60 13 leol along said Msterly li9hl.9t-11yj tlronce I'l
66"16'20. W s0.00 teot; trrence S 37'OB'53'Vr' 214.12 tcet; ihence S A7"25'o?'W 215.90 feet; tnence N
9O"OO'OO'W 236S.30 feet; lhonco N 01'31'35' \ry 37B.OB leet: thcnce N 15'40'46'W 296 02 feet: thance
N 54"14,46. W 30B.06 toct rhenco s 87.57'17' w 420.27 lcet; thence l.l 00"00'00' E 367.05
'eel:
lhenco
N 90.00'00. E7oo.o7 feat; lhcnce N 17'53',.17'E 631.45 tcct; ihenco I'l 30"04'05'E 60.00 feel; thenco
s 59.55',55' E t6B.Bl lcett lhenco N 30"04'05' E 200.65 fect; thenco s 81"38',00' E 'A7'84 feet: lhenco
S 08"36'52. E 63.66 lccl: ttrence 161.39 lecl along tlrc arc ol a 195.00 looi radius curve lo lho lelt
ha,rino a central anglo ol 47'25'18'ancl subtenrling a chord bearing S 3219'31'E 156'83 fcot; thence
s 56"62'lO. E 64.63 fecu rhence 252.95 laet along lho arc ot a 5c0.01 foot raclius curve to lhc lclt
having a central angle ol 28"53'1O' and subtendi;O a chord boaring S 70"31'45' e 250.27 fcet; lhcnco
S 85"61'20'E 350.7-3 feet: lhence 192,61 teet along thc arc ol a 915.00 loot radius cuNe to lhe lcft'
having a cenlrat angte ol 1?03'39'and subtending a chord bcarino N 8S'56'50'E192'25lcct: thence
N 8?55'00. er??.glleel; lhcnco S 09'06'52'E 428.95 feel: thcnce 233.88 leel alono lho arc ol a
695.00 lool radius curvo lo tho riohr, having a ccntral anglo ot 19'16'.52'and subtanding a Chord
bearino s ooa3.t.s4. w 232.78 teo't; ihenco's 10.10'00'w 1o4.Bl feet; rhonce 128.02 tect 3lon9 tho arc
ol a 477.4g loot radius curvo to the left, having a central anole of t5'21"10' and subtending a chord
bearing s 0223'11. w 127.63 teet; lhanco oz.4o teet atong tho arc ot a 1-2o.o0 lo-o^l radius curvo to tlro
lelr haJing a cenlral angle ol 44'09'39' and subtcndino a clrord l)caring 5 27"'16'29'E 90 22
'eel:lhonce 228.88 feet along lhe arc ol a 775.10 foot radius cuNe lo lho lett having a central angle o'
16"ss'08. and subtending a cnorri bearing S 57'48'52' E 228.05 leet: lhenco S 66'16'26' E 190 90
'ect
to lho point ot beglnning, conlaininq 97.75 acre s more or lcss'
Said real proporly l.las bocn lald oul anrJ surveycd as Los Amlgos Ranch strbdivislon.No' 2 Filing No'
1, a suboivislon ot a part ot Garfietcl Counry, CotoraOo. Ths plat ol Los Amjgos-Ranch Subdi/ision No'
Z, fling l!o. 1, Couniy ol Gartie!d, State ol ioloracto, is recordcd as Rec. No.353877 ol lho Clork and
Reco'derolGarfieldcounty'colorado'sridrealproPertyissubjcaloatleasomentsslrownonsaid
plat or othcrwiss o, record,-includin, those recordtr3 in Book 670 at Pagos 511'51{ and in Book 743
at Pages 662-666.
(=
=-
EKtllQrT B
LOS AI'IIGOS NANCI] PANTNENSI'IIP
Tovrnshio 6 Soullr. Ranoe BB Wost ol lhe 6th P.M.
SE-1/4 and Lot 2
s.1/zsrv.1/4, Lor 7 and sE-1/4sE'1/'1
Lots 18 and l9
T(ru.,nshirr 7 Soulh Ranoo BB Wcst ol tllo 6lh P l,l,
Secrion 31:
Scction 32:
Seclion 33:
Section 5:
Scction 6:
Township 6 South. Rcno9.-q!lryDI!-Ql-l-llg-01h-8.!1.
Section 35:
Scction 36:
Parcel 1
u,r'tr '71){) ntt GS
Book 547 Pago 569
Book 547 PaOc 570
Lots 3,4,5,6.7,11 and lho caslolly ono'half ol Lot 10, NE'1/'15W't/'1,
Nw.1/4sE-l/4, SE-1/4 tlw-1/4 and NE'l/4
Lots 2,3,4,5,6,7,SU/-114NE'1 /4 and NW'1 /'1'SE' 1/4
Lots 1.2,10 and 16
SE.l/4, N.l/2Sw-1/4, NE-l/4, l'lw-l/'l and Lols I and 2
ExcEPTlNGlrolnthoabovodescribedpropertytl.leparcelsollandas'ollows:
l.WilliamE,FosterandBrucoDixsonbyC,eedrecoldcdinEook3T4arPago4B0;
2. Coloraclo Mounrain Junlor Collcge Diitrict Uy deocts recordcd ln Book 381 al Pago 537
and Book 399 at Pago 265:
3. Boarcl ol counnj cO"mmlssioners or Garlield counry, colorado, by deed rccordcc, in
Book 409 at Pago 220.
4, A[ lhal porlion it-t_ot e, section 6, Tov,,nship 7 south..Rangc BB West ol lha 6lh P.l"l.
lying Soutltvresterly ol tho Southeaslorly right ol w3y llne o( a county toad known ag
lho'collcgo rord"
TOGETHEH WtTl,l any and all water, v/ater ri0hts, wator struclurcs, ditchca, laterals, v/ells. and olhar
water and warer lacil;lics of orow f,in,f anr, nituro, ivilhout linriralion, appurlenant lhereto: PSOVIDED'
t.lowEVEFl, rhat ihs said .onroyon.o of wator riohls is wilhotrt any warranls ol litls whatsocvcr'
ThatpanolT.TS.,R.ssw.olthe6thP.ll.,beinoallo'Lotgandthewcsterlyono.halfotLol.t0o,
Sec. 5. ail ol Lol s ot so.. s ,Jihoi'frrr or'Lor rit Sec. B, lying Wcsterly o,.lhe wcslotly rigltt'ol'vray
tine ol a county Road ,u .on.,,,.lod,and ln place. tho Westerly f ighl.o'.tvay line o' said
'oad
bein0
doscribod as lollows:
Beoinnlngatapolntonthcsc,UlhcllylinoolsaidLot4.,saldpointbeingontheweslerly'ighl.ol.vJay
tinJot sio Cotinty Roar.t, whenco tho NE Cornar ol said Sec' 8 boars:
N. 60"03'34' E. 1933.73,cci;
thenco N. 03.12'18. E,242.6gtoet atong lhe woslorly rlgtrt-of'way lino ol said county Roidi thonco N'
14.58.08.E. i44.ol toot oruni t-n-oWcsirry rignt.ol-wayiino ot siirt County Foad: thcnco N' sr07'E'
69i.57 leer along tho wortoriv'iignt.ot.urry titi of saicJ counry Boad lo a point on tlrc Nonhc'ly lino ol
said Lol 4.
EXCEPT tho \^,'estcrty 1024 leot of salcl Lol 5, Sec' 0 and said Lot 9' Scc' 5'
Parcel 2
Lor il ol sec.5. Lors B and I ol sec.6, Lors 10 and 11 0t sec.7 and Lot 6 0l scc. B, T.7s.. R. B0 w
ol rhe 6rh P.lvl.
EXCEPT all rhat pan thoreof heretotoro convoycc, by dcerls recordor.l as Docrrment No' ?{9250 in
Book 418 at Page 1i Document No. 24Bo0l in Book 409 al Page 220'
Paac 1 or 3
(--
--
rrrrrr 'i'l)fl rrtt Gg
and
Tno Wesrorly 1024 leor o( Lor Fivo (5), soction Eighr (3), and Lot Nino (9), sactlon Five (s). Township
7 South, Rango BB west ol ths 6th P,l'l,
and Book 6'l'1 PaOa 673
A tract of lcnd ln tho soutllwcsl 1/4 of lho sot,lhcist l/'l ol Scction 32. Tov'Jnsllip 6 South' nanoc BB
west ot tho 6rh Principal Mcridiarr. belng moro panicularly describcd as lollows:
Beginnino at a Garliald County Survoyor brass caP 11fl-ace and properly marked lor.tho cenlor
qrinui.i.", of said Secrion'Si. tnehco S 89' od' 23; E 1314.62 feer along lho north lino ot lho NW
t)+ ot rtrc sE 1/4 of said secrion 32; thence s 01" 48, 29. lv 2.165.40 lecr atono the east line ol tho
west t/2 ol tlre SE 1/a ol saict Soction SZ to llre true point o, beginning: lhcnc6 conlintring S 01''18'
29. w 136.26 lccl along thc easl linB or tho sw 1/a ol the sE 1/4 ol said scclion 32 to tho sE cortrcr
ol lhe SW 1/4 ol the SE l/4 of said Section 32: lhencc N 89'43'26'W 6'18 lcel alono lhe soulh lino
oi rfrn SW t/4 ol the SE 1/4 ol said Section 32 to a lence line as built and in placo; tlrencc N 04' 2'1'
02. E 136.56 lccr alono said Ienco lino to the true poinr ol boginning. containing 0.010 acras rnoro ot
less.
ancl Book 614 PaOo 600
A parccl ol land situato in tho south hllf of seclion 32, Township 6 sotrth, Rango BB wesl ol tho 6lh
Principal Mcridian, bcing moro particularly dcscribed as follov,ls:
Bcainning at tho south quader cornor ol said sectlon 32; thencc along lho.easl lino€l the sw 1/4 ol
saidsections2.No??2,3c.E,13o9.47leettolheNEcornerollhsSE1/4ollheswl/4olsaid
secrlon 32: thcnce along rhe nonh linc ot rhe soulh 1/2 ol the sw 1/4 ol soid section 32, N BB'54'
34.W2560.9llcettolheno'.tlu,o.tcornero[theSuJl/4olthoswl/4o'saidsedion32:thcncc
nrong rnu west line ot the sw'1/4 ol saic, sectlon 32, N 03' 10', 51' E 7.36 tcet to a Poinl on a lenco
line as-buitt and in place; rlrcnco along said fonce lino N B9p 43'23',E a dislanco ol 2725'52 fccl to a
fenco corner; thonce S 09" 03' 54'W iSOS.O.1 loel along said lenco lino to tho point ol beginnino'
containino 4.708 acros morB or less.
EXCEPTING FROM ALL OF THE ABOVE Book 547 Pagc 566
Roc. No. 344og8
A parcct of land situated in parl of Govornment Lols 6, lO, and '11 in section 5, Township 7 south'
HJ"g" Ss W"" of rne Sixrn'piincipJl,,fcrir.lian. in lho.Counry of Garfioltl. Slate of Coiorado' Said
pri"-"i rvi^O norrhvresrcrty ol tho nonhwesterly right.ot'way linc lor Counly noad N-"1!"' 114 (collego
Roact), bcing 3O.OO 1eet fror-oni poiifrnl to tirs-centerlino ol said Counry Road as conslructed and in
place.- SaiO parcel being more parlicularly described as lollows:
Bcainnlng al tho Nonheasl corner of sedion B in said Township and Rango, a slono corner lotrnd in
il;;;d piopo,ry marked: thence N 6cro2'19'W 1&8.55 lecl lo a poinl on said nonhwesterly rigttt'
[i*of rinoi irri fri,o poiOt oi goo]nniOg: thencc,.leaving .said tighl'of'way line, S Bvgs'M' W 360 82
,eer; rhcnco S 7r41.46. W sbTA 6;ihenco N 1s'30;40'W 389.18 feel: thcnco N7137'2q E
298.91 lcer; thcnce N 5146.36; E 9O9.bq tcer: thenco s 25"44'4s'E 539.32 leet lo a poinl on said
nonhwesrcrly righr-of-vray tine'. tnence s 67"49'48'W 103.37 lecl along said light'o[way line; thenco
352.79 teet atong the ar. ot n'"rre to tho telt along said right-ol-way iinet!"119^1 ,actit,s ol 554'35
leet and a chorrj vrhich bears s 49p35'54'\^/ 346.87 leot: rh-enco s 31'21'59'W 102'51 lcct alon0 said
righr.ol-way lins to tho fruo poinitt Aeoinninq. Said parcel containing 14.63 acres, moro or less'
Pago 2 ol 3
e
C
ANd EXCEPT
U'lilri 'i'lilJ Pttt 70
Book 6tg PaOo 567
A parcel o, land situated in tho sE 1/4 ot section 31, Township 6 soulh, Range 0B West of the 6lh
Principal Lleridian. being moro particularly describcd as follows:
Beginning at a Gartietd county surveyor brass cap in placo anrt propcrly malkod
'orlhe
east quartcr
corner of said seclion et; tnnn.o along a lcnce line s 05'06'10'w 1305-89 leet lo a lcnco corner:
Gn.o .ontinring along saicl lenco tini tt OS"4S'ZS' E a distancc of 43.88 leel to a point on the oast
line of said SE 1/4: rhenc€ ui ing tftu east tins ol said SE 1/4 N o3'10'51' E 1302.51 leet to the poinl ol
beginning. containing 0.656 acres more or lcss'
and EXCEPT Book 613 Paoe 568
A parcel of land siluated in Government Lot 7, Section 32, Torvnship 6 south, Bange BB Wesl ol tho
6th Prlncipal Mcridian. bcing moro particularly dcscribcd as lollows:
Commencing al the nonhwest corner ol lhe southeast quancr ol said Section 32; lhence S 89'00'2-1'
E along tho cast-u,,cst centcrlino ol saicJ Scction 32, a dislance of 1314.62 leel lo tho nortllwest cotner
ot saioior Z; thcnco S Bo'00'23'E along tho north line ol said Lol 7. a distance ot 109'22 lcct lo a
lonco line as.built and in placol tlrencs d 04'05'57'W, a dislance ol 473.70 fcot along said lancc lin?:
thence s M"?{02' w. a disranco ol 828.82 teet along said fcnco lirle lo tllo nonh lino o[ soulllcast
quartcr ot thc sorrlheast quartcr ol said section 32: thcnce N 89"22'07'w along the nodh line ol the
southeast quarler ol rne souilreasr quarter ol sald iection 32, a dislance ot 52'79,leet to tho wcsl lino
o[ said Lot 7; rhonco N 0t"4tr9' E ilong tne wcsl lino o, said Lot 7. a dislanco o' 1300'&i toct lo tho
point o! beginning, containin$ 2.442 acrcs more or less'
and EXCEPT Book 613 PaOo 569
A rract of land situatcd in tho southeast 1/4 ol lho soulheasl 1/4 ol Seclion 32' Township 6 south'
Range oo west ot lho 6th Principal }leridian, being moro pa'ticutarly tjcscritlcd as lollows:
Beginning at Garrielcl County Survcyor brass -cap I ql::9 and properly marked.
'or
lho conler quartcr
corirer oisaicf Section 32; thenco S'Bf oo' 23' i tgi4'62 lect along tho norlh lino ol lho norlhwcsl
1/4 ol lhe SE t/4 o, sata Scaion Se; thcnco S 01'48'29'W 1300.03 lecl along lha easl line ol tho
Nw 1/4 ot rho sE 1/4 ol said scaion 32 lo lho nonhwest corner ol lho sE l/4 o' lho sE t/4 ol said
Soclion 32 and lhe truo poinr oi fogtnnin,: thcnco S S9' 22' 07' E 52.?g lcct alon' lho norlh lino ot
rho sE 1/4 ol tho sE 1/c ol said se;ion g7 ro a tonce lino as built and in place: lhcnco S 04'24'. Oz',
w 1166.85 leet along said lenco lino lo a point on tho wcst line ol sE 'l14 ol lho sE 1/4 ot said soction
iz: rt,on." N ot. 40;29. e r isa.ii feet along the west lino ol the SE 1/4 ol lhe SE 1/4 ol said Soclion
ii'ro rt " lrue point ol beginning, containing o'7oo actes morc or less'
and EXCEPT Book 613 Pago 570
A oarcol of land situated in Govornment Lot 7. section 32. Township 6 soulh. Rangs BB West ol lho
oth Principat Meridian, being more panicularly describsd as tollows:
commencing at rho nonhvrcst cornsr ot tho southeast quanor o( said sodion 32: thonco s 89' 00'23'
E along ths east.west .on,orlino ol said sccrion 32. a distanco o, 1423.84 loct to tho lrue poinl ol
beginning also bclng on tho nonhcrly lino ol said Government Lot 7; lhcnco conrhuing s 09'00' 23' E
along the nonh lino ot saiO Uor- Z. u dlrton.o ol 29.78 (eet to tho northwesi corner ol Government Lo!
O; rfi".^.. i Ot. lt' ZZ, W utong a line common to Lot 7 and Lot 6. a distance ol 475 48 leel to lho
sourhv/cst corner ol said Lot 6i thcnco N 86' 11'34'W, a cti$ance ol 4g'72leoi to a lonca line as-buill
and in ptace; lhenco N ol'os;'si;i along said lcnce lino, a distanco ol 473'70lccl lo lhe ttuo point
ol beginning, containing 0.433 acrcs moro or less'
Pago 3 ot 3
o
ELK SPRINGS
DESIGN REQUIREMENTS AND GUIDELINES
FOR SINGLE FAMILY RESIDENTIAL AREAS OF
LOS AMIGOS RANCH PUD
GARFIELD COUNTY, COLORADO
September 10, 2000
Architectural Review Comm ittee
(970) e45$3ee
Contact: Greg Boecker
This document is periodically modified'
Please verify this document is cunent by calling (970) 94G6399
TABLE OF CONTENTS
Page
THE ARCHITECTUML REVIEW COMMITTEE . . 1
GOALS OF THE ARCHITECTURAL REVIEW COMMITTEE 2
INITIAL CONSIDERATIONS 2
DESIGN CONTROL GUIDELINES 4
t.
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vll.
vill.
IX
SUBMITTAL REQU !REMENTS
CONSTRUCTION
PROCEDURE FOR VARIANCE REQUESTS
ATTORNEYS FEES AND COSTS
EFFECTIVE DATE 14
EXHIBITS
A. Primary Approval
B. Certificate of Architectural Approval
C. Notice of Change in Existing State of Property
D. Certificate of Compliance
E. Notice of Additional Time to Commence
F. Approval of Changes in Approved Documents
G. Utility Hook-up lnformation
H. Fee Schedule
l. Submittal Checklist to be completed and signed by Applicants
J. Elk Springs Construction Rules to be posted on site.
I
11
13
14
1.THE ARCHITECTURAL REVIEW COMMITTEE
The Architectural Review Committee (hereinafter "the Committee") derives its legal existence and
authority by virtue of the Los Amigos Ranch Homeowne/s Association, lnc. (hereinafter "The
Association") and the "Amended and Restated Declaration of Covenants, Conditions and Restrictions
for Los Amigos Ranch Ptanned Unit Development" dated November 30, 1990 (hereinafter "the
Declaration"). Committee Members are appointed for three-year terms by the Association's Board of
Directors and can be removed only by a majority vote of the Board. The Committee should encourage
the participation of other homeowners in the architectural review process and may appoint Advisory
Members. Advisory Members shall have the same authority and powers as Committee Members
except when a consensus can not be reached. ln this event, a formal vote by Committee Members
only will be taken to resolve the issue. No improvements or changes may be made on any property
subjecled to the Declaration (hereinafter "the Property") without first securing the written approval of
the Committee.
The Committee is empowered by the Declaration and the Bylaws of the Association to promulgate
these Design Requirements and Guidelines for all single family residential portions of the Los Amigos
PUD, commonly known, and hereafter refened to, as Elk Springs. The Design Requirements and
Guidelines interpret and implement the provisions of the Declaration and set forth specific standards
and procedures for review for all Changes in the Existing State of Property (hereinafter "Changes").
These rules become effective upon approval by the Board.
The Committee shall meet twice a month as necessary to review plans submitted for Changes.
Committee Members may meet by telephonic means. Any Committee Member may require owners
or their agents to meet to discuss plans submitted.
The Committee shall formally report to the Board regarding submittals for Change and the decisions
made by the Committee at each annual meeting of the Board or in whatever other manner the Board
may require. The Committee should freely consult with the Board regarding implementation of these
Design Requirements and Guidelines, however, the Committee has absolute and sole authority to
interpret and implement these Design Requirements and Guidelines and determine when a violation
hereof has occuned. The Committee may engage the services of architectural consultants or other
consultants as it deems necessary. The Committee and/or the Board may take such legal or other
action as is necessary to enforce the decisions of the Committee and implement these Design
Requirements and Guidelines.
Owners and their architects must meet with the Committee on site at the sketch plan phase of their
design work in order to facilitate the formal Primary and Final Reviews, avoid substantial investment
in plans and drawings that may not be acceptable, and allow the Committee to make basic comments
on proposed plans. After the on site sketch plan meeting, inquiries regarding Design Requirements
and procedures should be made by the owne/s design/build professionals.
Two subsequent formal submittals are required for Architectural Approval. Primary Review is the
major aspect of architectural review. lt requires complete architectural design documents and site
marking detailed on a comprehensive site plan. Once the Committee grants Primary Approval, the
Final Review addresses conditions of Primary Approval plus exterior materials and lighting,
landscaping, screening, and final engineering, architectural and construction details.
Each submittalwill be considered at separate scheduled Committee Meetings. Complete submittals
must be received 6 working days before a scheduled Committee Meeting to guarantee formal
consideration. Only after Final Review may the Committee, in its sole discretion, issue a written
Certif icate of Architeclu ral Approval.
-1-
il.GOALS OF THE ARCHITECTUML REVIEW COMMITTEE
Elk Springs is designed to provide the opportunity for living in harmony with a uniquely natural
environment. Preservation of the natural amenities inherent in the pinion and juniper covered slopes,
the rolling grasslands, the abundant wildlife and the available vistas is a comprehensive goal for all
development at Elk Springs. Every residence must attempt to contribute positively to the overall
natural environment of Etk Springs and must be introduced into the natural setting as unobtrusively
as possible.
lntroducing a residence unobtrusively into the natural environment, and disturbing the views and
enjoyment of the natural sunoundings by neighboring property owners as little as possible, are
primary goals of the Committee. To meet these goals and to apply them to a given site within the
constraints of function and budget is a formidable task requiring the cooperative efforts of everyone
involved. lt requires each residence to be sited in a manner that maximizes use of existing trees to
screen the residence from neighboring homes and roadways. Where the siting of a residence
unavoidably results in unintem;pted exposure of the residence to neighboring homes or roadways,
the planting of 8 to 12 foot coniferous trees will be required to intemtpt the view of the residence.
Architects must be made aware that the ooal is to b/end beautiful homes into a beautiful natural
settino.
It is the intent of the Committee to encourage creativity and sensitivity to the natural setting and to
protect all owners of Los Amigos Ranch Property from any construction which might protrude or
contrast with the existing vegetation, detract from the enjoyment of the natural sunounding, or
otherwise denigrate the value of the Property.
INITIAL CONSIDERATIONS
ln order to expedite the architectural review process and insure compliant design, careful attention
must be given to these items by all owners and their architects.
Owners must read this document carefullv and have their architect do the same. Licensed
architects. licensed survevors. orofessional enoineers. and oeneral contractors who are licensed
in Colorado and insured are mandatorv. All site surveys, site plans, building designs,
foundation designs, structural designs and individual sewer system designs must list the
appropriate professional's name, address and phone number. They must bear the
professional's signed stamp for FinalApproval. (See "V Submittal Requirements".)
Owners must read the Declaration and anv suoplemental declarations that applv to their
propertv. These documents are refened to in the title insurance commitment issued to owners
upon purchase and the title company should provide a copy. The information on the recorded
plat of the subdivision is also necessary, including plat notes and building envelope maps where
applicable.
Since site desion is crucial. before sketch plan work beoins, the architect must visit the lot and
an accurate topooraphical site survev must be prepared bv a licensed survevor. This site survev
is an invaluable aid in design work. The site survey must show all lot comers, reference points
in the anticipated building location as staked on site, one or more benchmarks as staked on site
adjacenttothe anticipated building location, existing utility locations, topographiccontours of the
entire lot and the adjoining access roadway and all trees over I'tall within the building envelope
and between the building envelope and the access roadway. This map must be prepared at a
1il.
1.
2.
3.
-2-
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minimum scale of 1" / with a maximum contour interval of 2' .rpographic extrapolations from
aerial surveys are not sutficiently accurate for this purpose. Additional surveying to accurately
fix the final building site on the site survey will probably necessary and may be required, at the
sole descretion of the Committee.
4, On Site Sketch Plan Meetino Owners and their architecls must meet with the Committee on site
at tne sketch plan phase of design work. Three copies of the topographical site survey must
be submitted showing the proposed driveway and building location. Site staking connected by
tape showing the general outline of the driveway and building location is encouraged to promote
productive discussion of proposed plans.
DESIGN CONTROL GUIDELINES
The following are the major criteria by which the Committee will review your design:
Site Desion
1. General: The building sites in Elk Springs are generally sloping, ranging from moderate to
reasonaUty steep. Residences must be designed to fit the site rather than adjusting the site to
make a preconceived design work. Stock home plans are expressly discouraged forthis reason.
Materials or packages must not be ordered until ArchitecturalApproval is obtained because
changes in design are often required.
Z. Buildino Location: You must comply with all conditions in the Final Plat. Building envelopes
or setbacks fiave been designated as part of the Final Plat for your Filing (hereinafter "building
envelopes"). The residence, including roof eaves and decks, must be sited within any
designated building envelope. The specific building location chosen should maximize the
available views while minimizing exposure of the residence to neighboring homes and roadways.
Gradino: All grading should blend with the existing contours. Grading not related to building
access or drainage is discouraged. Excessive filling and berming should not be necessary if
adequate attentidn is paid to the site during the design process and will not be accepted without
justification. The use of retaining walls that relate to the design of the structure can be a good
design solution where level changes are necessary on the site.
Drivewavs and parkino: Driveway grades should be kept to a maximum of 8o/o lor satisfactory
yeagound use, hovvever, steeper grades are not prohibited and may be necessary. Driveway
Lntrances should be distanced from lot comers. Driveways must enterthe access road side of
the building envelope and thereafter stay within the building envelope. Parking areas and
tumarounds should lie completely within the building envelope'
A minimum of two enclosed garage parking spaces must be provided for each single family
residence and a minimum of one enclosed garage parking space must be provided for each two
bedrooms. Garages must be physically attached and incorporated into the overall design of
single-family struitures. Garage entrances should not face roadways and where they are
exposed to roadways must be screened from view.
Trees: Unwananted tree removal will not be allowed. All dead trees and branches may be
rernoved, however, all living trees to be removed must be flagged on the site and approved by
a member of the Committee prior to removal. The design of the building site and driveway
3.
4.
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A.
access must minimil -ne removal of vegetation and trees. .) removal and trimming within
30 feet of homes to create a defensible space against fire whereby the crowns of trees are 10
feet apartwill be allowed, however, tree removal solely to improve views will be limited. Trimming
limbs instead of removing trees to accomplish any allowable purpose is always prefened.
Allowable tree removal oitrimming for fire protection and/or views will be determined by the
Committee after the structure is framed.
Tree removal or destruction by owners or their agents which is not authorized by the Committee
will be fined at the rate of $5O.00 per vertical foot of tree removed or killed. Said fines shall not
prelude any other remedies available to the Committee.
6. Fences: Generally, fences are discouraged but will be considered on an individual basis.
Fences should be designed as an integral part of the structure design and enclose a minimum
area. Any fences not shown on the original site plan must be submitted to the Committee for
approval prlor to construction. Fencing must be confined to areas within designated setbacks
oi'building envelopes and should Oe timited to the area around the residence where inigated
landscaping, petconfinementand parking is allowed. ln no case willa homeowneis fence that
defines a property line be allowed.
Dogs must be confined in escape-proof enclosures, fenced yards or dog runs. Limited chain link
or wire strand fencing may be'used for this purpose but must be screened with landscaping or
berms from the view of ail other properties, common areas, roadways or public right-of-ways
(herein "screened from view"). lnvisible fencing is a prefened method of dog confinement and
it must be placed within designated setbacks or building envelopes. Children's play areas and
swimming pools may be enclosed with chain link fencing but must be screened from view. All
other fences must be constructed of wood or stone and left to weather naturally or stained a
subdued earth color to blend with the natural tenain and house colors. Fences painted in non-
earthtone colorswillnotbe allowed. Barbedwirefenceswillnotbe allowed. Anyfences allowed
outside the proximity of the residence must be designed at a maximum height of 42inches and
constructed to prevent the capture of deer.
7.
8.
9.
fixtures should Oe rEpt as rowE neir functional purpose allows and the light pattem should
illuminate only the ground plane. Recessed lighting that illuminates more than ten verticalfeet
of the building will not be allowed. Unshaded high mounted flood lighting and high intensity
discharge lighfung, such as used on farms and ranches, are strictly prohibited.
Trash and Meter Screeninq: Trash containers must be located within an approved structure or
screened from view. Utility meters must be screened from view but accessible to utility company
employees.
Landscapino: lnigated landscape area is limited to 3,000 square feet by the Declaration and
supplemental declarations. Landscaping must be carefully designed and implemented in order
to maximize the benefit from inigation. Large manicured lawns are not allowed but small lawns
for outdoor activity are acceptaOle. Decks or patios can be used for outdoor living space in lieu
of lawns. ln general, the native vegetation should be retained and enhanced as much as
possible and ifogated "re"r of new planting should be integrated with the native materials.
inigated planting areas should be broken up into small areas and placed for greatest benefit.
ta-ndscaping wnicn makes limited use of dark colored boulders from the site and native grasses
is encouiageO. Snarply-defined landscape areas and formal anangements of major non-
indigenous ptant materials which do not outline buildings must be screened from view.
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New trees and vege,*-.Jn are encouraged to provide screenir.- .rf the residence, a measure of
natural air conditioning and protection from wind and sun. The planting of 8' lo 12'coniferous
trees may be required by the Committee as additional screening of new structures. All areas
disturbed during construction must be revegetated. All electric transformers and telephone
pedestals on a lot must be screened with the aid of other property owners utilizing said utilities.
10. Recreation Vehicle Storaoe: Campers, campershells, snowmobiles, boats, motor homes, etc.,
must be stored in an area and manner which is screened from view. The screening can be
accomplished with landscaping, fencing, earth berms, or a combination of these. Areas for R'V.
storage must be shown on the Site Plan with the proposed method of screening.
11. lndividual Sewaoe Disposal Svstems: lf applicable, site specific percolation tests and a profile
hole are -ecessary to determine whether a standard septic system is acceptable or an
engineered system is required or appropriate. lndividual sewer systems must be designed and
located to minimize tree removal and changes in the contour of the land. Stepped systems are
appropriate for sloping sites.
12. Utilities: Location and placement of underground utitity extensions must disturb as little
gro"nd and vegetation as possible. Consider running joint utility lines under or directly
idlacent to driveways and walks. No above grade utility extensions are allowed. Utility
locate and hook-up information is contained in Exhibit G'
B. Buildino Desiqn:
1. Generat: The utilization of licensed architects and engineers is required in order to protect all
owners of Elk Springs property from ill-suited design. Building sites are generally sloping and
building forms which follow the slope and maintain a low profile are encouraged. Architectural
designl which have floor levels and roof forms stepping up or down to follow the slope can be
utilized well in this type of tenain. All homes must present an "entry way" aspect toward their
roadway access. ln essence, homes showing their obvious backside to the roadway will not be
allowed.
Committee will also be concemeO witn the quality and design character of such buildings and
whether they are consistent with the overall aesthetic fabric of Elk Springs. Plans for such
structures must be submitted with the same documentation and detail as required for any other
submittal.
2. Heiqht Limits: The maximum building height may not exceed 24 feet as measured vertically from
the exist'ng grade to the roofline atthat point above the existing grade. Chimneys, flues, vents,
antennas or similar structures must be minimized and must extend no higher than required by
applicable building codes.
The 24 foot height limitation was determined by balancing the desirability of two story homes
against the typi&l height of trees in Elk Springs which serve to screen or provide a backdrop to
rooflines. This height limitation is essential in fulfilling the stated goal of "introducing structures
as unobtrusively ai possible into the natural sunoundings". However, to promote creativity in
home designs and to allow some flexibility on the sloping landform of Elk Springs, variances in
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4.
roof height mav be allowed. The committee will consider the following criteria in determining
whether and to what degree a variance will be granted:
a.) The extent to which the requested variance will visibly impact other lots or roadways,
including without limitation :
1.) The length of the roof ridgeline exceeding 24 teet in height.
Z.i fne extent the roofline parallels the view plane from roadways or neighboring lots.
g.i fne extent the roof ridge line exceeds the backdrop and screening of sunounding
trees.
b.) Whether the subject property has an exceptional topography or other site condition
which is atypical of other lois and would cause the applicant exceptional practical
hardship without a variance.
c) Whether the design has attempted to ameliorate the variance requested by building
orientation, hipping roofs, hanging floor joists, lowering the foundation, etc' or has in
fact magnifieO ne impacl of the variance by building orientation, straight rooflines,
excessive interior ceiling heights, site location, etc.
3. Floor Plans:
land rather than trying to fit a preconceived floor plan to a
nstruction of retaining walls are discouraged and
may be djnied. The iiinimrm footprint of the foundation, excluding garages, patios and
poiches, must exceed 12OO sq.ft. in Filings 1 through 5 and 1600 sq. ft. in Filings 6 through 9..
Exterior Materials: Exterior materiats should be few in number and sensitively used. Exterior
cl.adding or veneers shall be primarily natural wood materials colored to relate to the sunounding
area or rock or stone. Painted alumlnum, metal, pressboard, plywood or vinyl siding will not be
allowed. Stucco and concrete masonry may be used sparingly. Exposed concrete or concrete
masonry foundations and basementwills must be clad with the same materials used elsewhere
on the house. Concrete retaining walls must be clad or colored'
Window fenestration should be carefully considered and appropriate to the climate and available
views. Double glazing of windows is required. Wood, dark anodized or painted frames are
permitted. Norettectiv6,shinyorwhitewindowfenestrationwillbeallowed. Millfinishaluminum,
storm or screen doors will noibe allowed. Design character and detailing should be compatible
with the natural sunoundings and harmonious with the neighborhood.
Roofs: Roof design is very important because the sloping tenain of Los Amigos Ranch creates
ih-e potentialof roofline ovLdook by neighboring property owners and roofline protrusions above
the forested backdrop. Roofs must OtenO with the main structure, the naturalsunoundings and
be as unobtrusive as Possible.
Composition shingles and weathered steelare acceptable materials. Flammable shake/ shingle
roofs and non-weathering metal roofs are prohibited. Black or shiny roofs are not allowed.
Shiny roof protrusions arJnot allowed. Roofs must have a minimum slope of 4 inches perfoot
and a greater slope is encouraged'
Color: Exterior finish and trim colors must be darker earthtone hues relating to the natural
environment. White trim is prohibited. Paint or solid body stain on siding is strongly discouraged
and will probably be denied due to the resulting monochromatic appearance, which contrasts
with existing vegetation. Dark semi-transparent stains which highlight the texture of wood siding
are encouraged. Light wood colors which contrast with existing vegetation are not allowed.
5.
o.
-6-
Future restaining samples must be submitted for approval if not identical to the originally
approved colors.
Construction Detail and Method: Submittal of a cross-section drawing of the building is
necessary for the Committee to ascertain the proposed quality of construction and adherence
to the single family dwelling restriction.
Buildino Codes and Other Regulations: Owners must comply with all appticable plat notes, local
building codes and other regulations such as energy codes, county regulations, etc. The
Committee may advise and point out any obvious code violations of which it is aware but
assumes no responsibility or liability to do so. Approval of plans by the Committee does not
constitute engineering approval, approval by the local building inspectoror any other applicable
authority. Before construction begins, a building permit must be secured from the building
inspeclor and any other required special permits must be obtained. Committee Members may
make inspections at any time to insure compliance with approved plans or required permits.
Construction may be halted at the discretion of a Committee Memberwho finds construction or
materials being used inconsistent with the approved plans. Refusealto halt construction upon
demand by the Committee will result in a $500 per day fine.
C. MiscellaneousConsiderations
1. Drainaqe: Specific drainaqe plans must be included in site plans depictino natural drainaoe
courses and revised drainaoe contours. Roof drains, perimeter drains or surface drains must
not be connected to sanitary sewers. These drains should be connected to a subsurface gravel
dry well where they can percolate into the ground or daylight at a natural drainage course
capable of handling the runoff.
2. Siqns: No signs will be allowed other than address and name signs or signs "for lease" or "for
sale". Signs are limited to natural materials and can not be illuminated. Free-standing signs
cannot be over 36 inches in height and 4-square feet in area per side. No sign may be placed
within 20 feet of a right-of-way unless approved by the Committee. Signs in windows are
prohibited. All unapproved signs can be removed without notice.
3. Accessorv Buildinos: Allstructures for use with single-family dwellings should be incorporated
into the design of the main structure. Treehouses are prohibited.
Antennas: TV antennas must be placed as inconspicuously as possible and in no case more
than four feet above the roof. Tall mast antennas for CB, shortwave radio, TV, etc., will not be
allowed except by special review of the Committee and, if allowed, filters capable of eliminating
interference may be required.
Satellite Dishes: Satellite dishes are allowed if they are screened from view. The Committee
must specifically approve the location and method of screening of a proposed dish prior to its
installation. Naturalcolors should be used to blend the dish into the sunoundings and thereby
aid the screening process.
7.
8.
4.
5.
-'7 -
V.SUBMITTAL REQU lREMENTS
The required documents to be submitted for each formal phase of architectural review are
enumerated below. The required review fees are listed in Exhibit H. All site surveys must list the
licensed surveyo/s name, address and phone number. All building plans must list the licensed
architect's name, address and phone number. The building location, foundation design and individual
sewer system design must list the professional enginee/s name, address and phone number. Failure
to compietely submit any of the required documents or fees can result in substantial delay in review
and/or denial of approval.
Four sets of documents must be submitted along with the required fee for each of the Primary and
Final Reviews. All site plans and design drawings must be properly scaled on 24"x36" sheets. One
set of documents will be filed for reference by the Committee and three sets will be retumed to you.
One copy of the retumed set of final approved documents must be available at the building site
during construction for use by Committee Members.
The Committee will not consider any submittal as being received for review until all required
documents and the required fee as set forth in Exhibit H are received. lnconect, incomplete and/or
rejected submittals may resultin additional reviewfee assessments atthe discretion of the Committee.
A copy of the Submittil Requirements Checklist is attached hereto as Exhibit l. lt must be filed with
each submittal and certified by the architect or owner as being complete. lt is used by the Committee
to verify that submittals are complete.
For remodeling or additions, four sets of documents must also be submitted along with a fee for
review. For other proposed Changes such as landscaping, screening and fencing, three sets of
documents may be required along with a fee for review when said proposed Changes are not part
of initial construction or addition or remodel . However, review of these proposed Changes may, at
the discretion of the Committee, be conducted on an informal basis and any or all fees waived. ln any
event, the Committee's written approval of the Change is required before any construction begins.
Primarv Review
After your architect addresses issues raised during the on site sketch plan meeting with the
Committee, Primary Review should take place at the end of the "design development phase" of
planning. yourarchitect is encouraged to contactthe Committee's consulting architectto discuss any
questions.
1. Site Plan: The site plan must include all the information required on the topographical site
sgrvey as set forth in lll, 3, above, and shall indicate any and all proposed improvements and
changes to the property. lt must show existing and revised contours, the roof plan with
elevations of all roof ridgelines conesponding to the topographical measure, walks, drives,
parking and tumaround areas, fences, drainage, significant (4 inch diameter) existing trees
within 25 feet of the structure and 10 feet of driveway and utility cuts (those to be removed
dashed and noted as such on the site plan and marked with ribbon on site), and any auxiliary
construclion such as swimming pools, etc. The site plan must indicate the outline of the building
as it meets the adjoining grade and show building and driveway boundary location stakes as
placed on the site. The site plan must also show any recorded building envelope, setbacks,
easements of record, the location of existing and proposed drainage, utilities, utility meters, and
trash enclosures. lf applicable, the proposed location and revised contours of the individual
sewage disposal system must be shown. Flexibility as to exact configuration of the ISDS may
be allowed with iommittee approval. The ISDS should be kept entirely inside the building
A.
-8-
envelope if practicable. The Committee, in its sole discretion, may allow the ISDS to extend
beyond the building envelope, however, under no circumstances willan ISDS be allowed within
20 feet of a lot line.
2. Site Stakino and Tree Flaooino: All site staking and tree flagging must be shown on the site
plan and all building comer stakes must be indexed with similar notations on the site plan. The
following items must be marked on site:
1) Trees to be removed must be flagged.
2) Building locailon stakes must be indexed to site plan.
3) Driveway boundary stakes must be labeled as such.
4) Proposed utility cuts must be staked.
5) Elevation benchmark(s) adjacent to building location must be established.
6) Proposed location of ISDS, if applicable, must be staked.
3. Exterior Elevationg: A minimum of four elevation views which sutficiently portray the structure
from all aspects are required. The elevation views must show existing and finish grades and the
topographical height of roof ridgelines. All proposed exterior materials must be noted on
drawings, including siding material, roof finish, type of windows, etc.
4. Floor Plans. They must be dimensioned and show the use of each area, the topographical
elevation and square footage of each floor, and any adjoining decks or patios.
5. Foundation Desion: A copy of a site specific subsurface geotechnical analysis with foundation
design recommendations must submitted.
6. lndividual Sewaoe Disposal Svstem Desion: lf applicable, a copy of site specific percolation
tests and profile hole must be submitted. System design and layout considerations should be
addressed.7. Renderino or Model: ln exceptional cases an accurate rendering may be required if, in the
opinion of the Committee, the design under consideration is of such complexity that it is
necessary for adequate review. A three-dimensional model may be provided in lieu of the
required rendering, and may be encouraged, as it is a more realistic representation and a better
design tool.
B. Final Review
The Final Review should take place during the "construction document phase" of your planning and
must address any conditions of Primary Approval. Plans and specifications must be sutficiently
complete to provide the Committee with final detail, color and material selection information.
Building plan drawings must identify their scale, the north direction, the subdivision lot number,
ownefs name, mailing address and phone number. All buildino desions must bear the architect's
sioned stamp. The final building foundation desion and structural desion must bear a professional
enqinee/s sioned stamp.
ln addition to the requirements of Preliminary Approval, a Final Submittal must indicate the following :
1. Site Plan: lf required by the Committee (see lll, 5. above), the final site plan shall indicate
building comers as located by a licensed surveyoralong with the surveyors stamp and signature.
-9-
The final site plan must show all attached and detached exterior lighting, finish paving and walk
materials, the construction of retaining walls and site construction details including staging and
parking areas.
2. Exterior Elevations: The final elevation views must show all roof penetrations, chimneys,
skylights, etc. and indicate materials. All shiny roof protrusions must be painted or otherwise
clad in dark colors. The final elevation views must also show the location of utility meters,
exterior lighting, trash enclosures, fencing, etc.
3. Floor Plan: The finalfloor plan must be completely dimensioned.
4. Foundation Desiqn: The final foundation design must be shown and bearing a signed stamp by
a professional engineer must be submitted.
5. Color Samples: Exterior color samples must be submitted for the exact color intended to be
used and on the actual material on which color is to be applied. Pre-finished material color must
be submitted via an actual manufacturels sample. Paper chips or catalog photos are not
acceptable.
6. Exterior Liqhtino: Catalog sheets showing type and size of fiXures at each location must be
submitted. Type of lighting and maximum wattage of each fixture must be specified. lf delay
in this specification is desired, it must be requested along with a discussion of intended fixture
styles and wattages.
7. Landscaoe Plan: The final landscape plan must show all areas to receive inigated landscaping,
indicate the method of revegetating disturbed areas and the outline of native materials to remain
undisturbed. The size, type and number of proposed tree plantings to screen exposed
structures should be indicated.
8. Cross-section: At least one building cross-section must be submitted and drawn at a scale
sutficient to show construction details.
g. Structural Drawinos: The final structural drawings must show the structural system, including
sizes and design criteria used, with an enginee/s stamp and signature.
10. lndividual Sewaoe Disposal Svstem Desiqn: lf applicable, the final ISDS design must be shown
with horizontal and vertical dimensions and bear the signed stamp of a professional engineer.
It must be accurately located on the side plan. lf flexibility in the final layout is desired, the
general parameters must be outlined.
11. Renderino or Model: lf the design has changed from the Primary Review at wtticfi the
Committee determined a rendering or modelwas necessary, the Committee may require that the
rendering or model presented atthe Primary Review be upgraded and revised to reflectthe final
design and show its relationship to the exterior grade of the property.
Upon approval, a Certificate of ArchitecturalApprovalwill be issued by the Committee (Exhibit B) one set of
approved drawings will be filed for inspection reference. A second set of approved drawings must be
available on site during construction for Committee Member inspection. Any changes from the approved
documents must be submitted for review and the change approved in writing ( Exhibit F).
- 10-
VI. CONSTRUCTION
A. ConstructionPrerequisites
Before construction, excavation or any vegetation is disturlced, the following conditions must be
satisfied in addition to securing the necessary permits from local authorities:
1. : Upon satisfactory review and FinalApprovalof.plans, the
committee will issue a sig;;a;a-completed Certificate of Architectural Approval (Exhibit B)'
The owner must acknowledge the conditions and exceptions on the Certificate by signing and
retuming it to the committie the said certificate is vaiid. once a certificate is valid, a notice
to this etfect will be recorded against the property (Exhibit c).
2. contractors: proof of a general contractors license in Colorado and liability insurance must be
filed with the committee. The general contractor must post a refundable contractors Deposit
with the committee as settortnln Exhibit H. The committee may in it's sole discretion, require
an Additional contractor Deposit of up to three times the sum of the contractor Deposit' (see
Section Vl. A.3. below).
3. Construction Deposit: The owner must post a refundable Construction Deposit with the
committee as set forth in Exhibit H. The construction Deposit..the contrastor Deposit and lnv
ffi. enforcement of co]ffiEion-management rules.. and gompliance with the
certificate ot nrchit ^i1t^?:f :::t:.*^:1"ff;'iL"ffiofroads,openspaceorprivateproperty,clean-upoIth:constructionsite,
dust control measures and/or other site maintenance measures, and at its discretion either bill
the general contractor and/or the owner direcuy or deduct the costs for said work from the
Deposits. The committee will impose fines for violations of construction management rules (see
section vl.,B below) and bill the general contractor and/or owner. lf a bill for damages or fines
is issued by the committee it snalt be payable within 30 days with a 107o fee for late payment'
lf the bill remains unJaid after 60 days the Committee can initiate work stoppage or collection
proceedings and recover all costs associated therewith from the owner or deduct the outstanding
sum from the appticabte Deposit. lf an owner fails to comply with the. construclion details
approved by the "certificate of Architectural Approval" or "Approval to changes in Approved
Documents,,, the Committee may, in its sole discretion, require forfeiture. of all or part of the
Deposits in addition to any othei remedies provided herein or by law' Upon issuance of a
certificate of compliance (Exhibit D), the entire or unused portion of the Deposits will be
retumed to the parly postinb tn" deposit. ln the event damage or clean-up costs exceed the
Deposits, tne Cbmmitt"" orin" Association will pass on the cost deficiency to the owner'
Construction Road Use Fee: The owner must pay the non-refundable Construc'tion Road Use
Fee as set forth in Exhibit H. rt is for the express purpose of compensating for the unavoidable
wear and tear on ro"o*"vt resulting from construaion tratfic and will not be used to offset any
ascertainable road o"r"g" that re;ufts in specific billing or forfeiture of the Deposits'
An additional non-refundable Spring Construction Road Fee is imposed from February 15
through April 15 for any mobilization or demobilization of heavy equipment or the use of cranes,
dumftrucks, cementirucks or landscaping trucks. See Exhibit H.
-1-1-
B.
S. lnspection and Excavation Authorization: The comers of the building and necessary excavation
nrust OJstaXeO anO atttrees to be remwed must be red-flagged including those to be removed
for utility lines. A Committee Member then must inspect the markg! site and verify that is
consistent with the approved plans. Upon so doing, the Committee Member will execute the
authorization to begin'excaraiion at the bottom of the Certificate of Architectural Approval
(Exhibit B).
Construction Manaoement
Constructron sites nrt st oe fept as clean and orderly as possible and materials stored in a manner
that minimizes destruction ord-amage to the vegetation on the site. Staqinq areas forequipment and
mqrariat rnr rct ha fennar{ and annroved bv the Committee oriof to excavation. Common fOadwayS
materiatstorageorvehicularparkingwithoutpriorCommittee
apjroval. Each owner sirould provide on site parking wlrery possible, and pre-vent parking in or over
ditcnes by placing stakes and boundary tape just otf the chip-sealed surface of the roadway'
Adequatetrash containers and toilet facililies muit be provided on site. Construction debris must be
removed as necessary to prevent unsightly appearance and trash dispersion. Dust control measures
must be taken as necessary to minimizl Oust..No bum piles are allowed on the.construction.site. .-No
temnorarv residences are allowed On the COnStfuCtlen Site. NO loud mUSi
The Committee maY imPose fines
for violation of these construction managernent rutes at a rate of up to $1,000.00 per day of
occurence. Members of the Committee may make periodic inspections to review compliance with
approved plans and construction procedurei. Construction may be halted at the discretion of the
Committee if construction or materials being used are inconsistent with approved plans or $2000 in
fines under this section Vl. B "Construction Management'have been imposed by the Committee.
c.
It is the joint and severable responsibility of the general contractor and the owner to ensure
compliance with these construction management rulls and post and maintain.a legible and readily
visibje sign on site similar in context to Exniuit l. The initial sign will be prwided by the ARC and must
be postel prior to any construction activity. Replacement signs are available for a fee.
Construction Damaoe
@ntractorsarejointlyandseverablyresponsib]eforanydamageorlitterto
public or private roads or property oy suucontractors they utilize, or manufacturers and suppliers they
invite to deliver goods. DamagelnctuOes that caused by utility cuts in roadways, driveway entran@s,
vehicles driving otf roadwaysl and washout or runoff damage caused by construction or failure to
properly mana-ge site runoff. Lugged vehicles are not permitted on roads. Utility stubs must be
utilized where provided to avoid unnecessary road cuts.
Time Limit of Approval
The Certificate of ArchitecturalApproval is automatically revoked one yearafterthe date of issuance
if construction of the approved'improvements has not commenced. Therefore, if delays are
encountered that will extend the time of commencement beyond one year, the owner must request
D.
-1,2-
Construction activitv. includino all construction traffic, is strictlv limited to the hours beMee! I:90
is pre.ferable) and between 9:00 AM and 5:00 PM
6n weekenclsJfre use of heavv equipment on Sundav is prohibited.
Construction traffic includes construction workers driving orivate or comDaU v,ehicles and droD-9ff9.
hicle p-er occune.ncg,. Eallv construction activitv
iessive rqte bgqinnino at $?59t90 fgr the first occunence
equent viotation (i'e' $500. $750' $1000' etc')
F.
E.
G.
an extension of time from the Committee at least 30 days before expiration of the Certificate of
ArchitecturalApproval. The request must be made in writing and accompanied by a processing of
$50.00 fee. lf the request is granted, a Notice of Extension (Exhibit E) will be recorded with the
Garfield County property records to protect your Certificate of Architectural Approval. No extension
of time shall allow commencement of construciion more than two years from the date of the Certificate
of Architectural Approval.
Timelv Completion
Orne commenced, construction must be diligently prosecuted until substantial completion and final
inspection or a Certificate of Occupancy is obtained within one year. Failure to do so may result in
revooation of the Certificate and/or forfeiture of the Deposits. ln the event the Certificate is revoked,
an owner will be required to either resubmit for Architectural Approval or remove all improvements
and restore the property to its original condition at the sole discretion of the Committee.
Certificate of Compliance
When alltheirnpiovements have been completed upon the property, owners must seek a Certificate
of Compliance (Exhibit D) from the Committee. An lmprovement Location Certificate must be
submitted showing thatallimprovements lie within the applicable building envelope. The Committee
will inspect the improvements upon completion and, if appropriate, execute a Certificate of
Compliance and record it in the Garfield County property records. The fee for this inspection and
recording is set forth in the Fee Schedule (Exhibit H).
After Completion
Many owners will desire further improvements to their property through the addition of landscaping,
fencing, repainting, construclion of additions, etc. All such improvements or Changes must be
submitted to the Committee for review and written approval granted prior to execution or
implementation. The Committee, in its sole discretion, may review subsequent landscaping, fencing
or repainting in an informal manner and may waive any or all of the fees set forth in the Fee Schedule'
PROCEDURE FOR VARIANCE REQUEST
Variances may be granted in the sole discretion of the Committee. A variance petitionershould have
an oveniding inO iompelling reason to request a variance and must use the following procedure:
1. Complete information regarding the variance request including site plan, specific drawings,
measurements, materials, documentation, etc, shall be submitted to the Committee.
2. lf the Committee, in its sole discretion determines that the variance request is minor, envisioned
by these Design Requirements and Guidelines, or will have minimal impact on neighboring
properties, it may allow the variance.
3. lf the Committee, in its sole discretion determines that the variance request is without merit, it
may deny the variance.
4. lf the Committee, in its sole discretion determines that the variance request has merit but is a
substantial deviation from these Design Requirements and Guidelines or may have a substantial
impact on neighboring properties, the petitioner must contact, by certified mail, all owners within
30b feet of petitione/s property. The mailing must include complete information regarding the
variance requested and inform the neighboring owners of their right to object in writing within 1 0
vll.
- 13-
days of the date of th- ,nailing. The Committee may require . petitionerto contact additional
ovvners and is free to seek the input of any other owners at its discretion.
lf after 10 days no written objections have been received and sufficient information and
proof of mailing has been provided, approval may or may not be granted by the Committee
or the p@ect may be scheduled for a Committee meeting.
lf any written objection is received, all parties concemed will be notified of the Committee
meeting and all cases shall be presented.
5. Under no circumstances will any phase of variance construction commence without priorwritten
approval from the Committee. Failure to obtain variance approval by the Committee will be
cause for legal action.
ATTORNEYS FEES AND COSTS
ln any legal dispute between the Committee and/or the Association on the one hand, and any owner
or owners on the other hand, regarding the interpretation, implementation or enforcement of these
Design Requirements and Guidelines, the prevailing party shall be entitled to recover reasonable
costJ and attomeys fees. Further, if the Committee and/or the Association takes any affirmative
action to remedy a violation of these Design Requirements and Guidelines, it may recover
associated costs from the owner determined by the Committee to be in violation hereof.
EFFECTIVE DATES
Most of the design requirement modifications in this document either clarify ambiguities in, or state
existing policy under, the Design Requirements and Guidelines dated Oclober 15, 1997' Any
substantive modifications will apply to Primary Submittals beginning November 1, 2000. Section "Vl'
Construction" is applicable in its entirely to any construction pursuant to a Certificate of Architectural
Approval issued after September 15, 2OOO. Section 6.,B "Construction Management" is applicable
to all construction activity as of September 15, 2000.
These Design Requirements and Guidelines have been reviewed, approved and adopted by the Board of
Directors of The Los Amigos Ranch Homeownels Association, lnc.
Chairman, Board of Directors
b.
-1,4-
vill.
lx.
EXHIBIT A
PRIMARY APPROVAL
ELK SPRINGS
LOS AMIGOS RANCH PUD
GARFIELD COUNTY, COLORADO
DATE:
Primary Approval of plans submitted by:
Dated:Titled:
To be constructed on: Lot
-
Filing.Los Amigos Ranch PUD, Garfield County, Colorado
is hereby given by the Architeciural Review Committee with the following conditions and exceptions:
1. The light source of exterior lighting musl not be visible from off the property. No more than 60 watts per
2.
3.
fixture is allowed.
All disturbed areas must be revegetated. Permanently inigated areas shall not exceed 3000 square feet'
The planting of g'to 10' coniferoul trees will be required for screening. The specific number and locations
will be determined by the ARC after construction and consultation with the owners.
4.
5.
6.
7.
8.
9.
Maximum number oi trees required:- Location(s):
Construction staging and laydown areas must be clearly fenced prior to construction'
The highesl roof ridgeline must not exceed:
A1 chiirneys and vents must be the minimum height allowed by applicable building codes.
All shiny roof materials or protrusions must be painted or clad a non-reflective dark color.
nny ligtit rocks used for landscaping or retaining walls which are visible from off site must be darkened'
Drlveways must be finished with chipseal, asphalt or concrete within two years'
LOS AMIGOS RANCH ARCHITECTURAL REV]EW COMMITTEE
Member, ARC
NOTE:
NOT AUTHORIZE ANY CONSTRUCTION ACTIVITY.
The primary Approval is not valid until it is acknowledged by lhe owner by signing the original copy and retuming ii to
LOS AMIGOS RANCH ARCHITECTURAL REVIEW COMMITTEE.
I hereby agree to the conditions and exceptions above:
By
By.
Homeowner's Signature
EXHIBIT B
ceflcoTE oF ARoHITEcTuRAL APPRov
ELK SPRINGS
LOS AMIGOS RANCH PUD
GARFIELD COUNTY, COLORADO
DATE:
Approval of Plans submitted bY:
is hereby given by the Architectural Review Committee with the following conditions and exceptions:
9. The light sour@ of exterior tighting must not be visible from of the property.
10. Alldisturbed areas must be revegetateo. Permanently inigated areas shallnot exceed 3000 square feet'
11 . The planting of g' to 10' coniferous tieei witt be required foiscreening. The specific number and locations will be
OetermineOby the ARC after cons{ruciion and consultation with the owners.
Dated:
To be constructed on: Lot
-
Filing
Maximum number of trees required:
a
a
a
Los Amigos Ranch PUD, Garfield County, Colorado,
Location(s):
LOS AMIGOS RANCH ARCHITECTURAL REVIEW COMMIfiEE
Member, ARC
Construction staging and laydown areas must be clearly fenced'
The highest roof ridgeline must not exceed:
AII chiirneys and vdnts must be tne minimurn heigfrt allowed by applicable building codes'
All shiny roof materials or protrusions must be painted ol cl{ a non-refleciive dark color'
nny ligdt rocks used for landscaping or retaining walls which are visible from off site must be darkened'
Oriieiays must be finished with chipseal, asphalt or concrete within two years'
By.
rrv r L, J!g..ggE::
not commenced. E commenced' construction must be
diligffiuntilsubstantialcompletionandfinalinspectionoracertificateofoccupancyisobtainedwithinoneyear'
This certificate of Arshiteclural Approval is not valid until all conditions and exceptions are acknowledged by the owner's
signature and the original is retumbO to the Los Amigos Ranch Architectural Review Committee'
I hereby agree to the exceptions and conditions above:
Homeownefs Signature
CONSTRUCTION
lndividuals making submittal are also advised that review of plans by the Los Amigos Ranch Architectural Review
committee does not necessarily oover compliance with local building codes or other authorities- Approval for conformance
with building codes must be sought directty from the local authoritiei. Afier FinalApproval has been granted, the following
steps must be taken before any excavation work commences:
1st - stake your building comers, flag with red tape all shrubs and tress to be removed and fence the construc{ion
staging and laYdown areas.
2nd - Contact a member of the Committee for *:Hl3review of your staking ,flagging and fencing'
On-site staking, flagging and fencing reviewed o[ , , and approval given to begin clearing and excavation'
(Date)
LOS AMIGOS MNCH ARCHITECTURAL REVIEW COMMITTEE
By
EXHIBIT C
NOTICE OF CHANGE
IN EX]STING STATE OF PROPERTY
ELK SPRINGS
LOS AM]GOS RANCH PUD
GARFIELD COUNTY, COLORADO
Owner:
Lot Filing Los Amigos Ranch PUD, Garfield County, Colorado'
The owner of the above referenced property has received approval for a "change in the Existing state of Property"
from the Los Amigos Ranch Architectural Review committee as provided in the declarations and covenants
applicable to the Property. The date of such approvalwas 20-.
Notice is hereby given that, as provided in the Elk springs Design Requircments and Guidelines, failure to commence
the Change within one year after the date of approval or failure to complete the proposed Change strictly in
accordance with the description thereof and plans and specifications therefore approved by the committee shall
operate to automatically revoke the approval of the proposed Change and the owner may be required to remove all
improvements ancl restore the property as nearly as possible to its state existing prior to any work in connection with
the proposed Change.
All persons wth an interest in the property are cautioned to review the remedies available under the Elk springs
Design Requirements and Guidelines, and applicable declarations and covenants of record, in the event of any
violation of the provisions, covenants, conditions and restrictions contained therein.
lf there is timely compliance with the provisions, covenants, conditions and restrictions contained in the Elk Springs
Design Requirements and Guidelines and applicable declarations and covenants regarding a change in the Existing
state of property, a certificate of compliance shall be issued by Los Amigos Ranch Architectural Review committee'
lssued this day of
LOS AMIGOS RANCH ARCHITECTURAL REVIEW COMMITTEE
20
By
EXHIBIT D
CERTIFICATE OF COMPLIANCE
ELK SPRINGS
LOS AMIGOS RANCH PUD
GARFIELD COUNTY, COLORADO
Date:
Omer:
Lot
-
Filing , Los Amigos Ranch PUD, Garfield County, Colorado
Exceptions:
It is hereby declared that the improvements on the above designated property have been completed in
accordance with The Certificate of Architec{ural Approval issued by the Los Amigos Ranch Architectural Review
Committee and pursuant to the requirements set for in the Design Requirements and Guidelines. The "Notice of
Change in the Existing State of Property', recorded in Book at Page in the records of
the Clerk & Recorder, Garfield County, Colorado, is superseded by this'Certificate of Compliance'"
lssued this day of
LOS AMIGOS RANCH ARCHITECTURAL REV]EW COMMITTEE
20
By
EXHIBIT E
NOTICE OF ADDITIONAL TIME TO COMMENCE
ELK SPRINGS
LOS AMIGOS RANCH PUD
GARFIELD COUNTY, GARF]ELD
orrner:
Lot Filing Los Amigos Ranch PUD, Garfield County, Colorado
Reference is hereby made to that 'Notice of Change in Existing State of Property" issued by the Los Amigos Ranch
Architectural Review Committee on and recorded in Book at Page _
in the records of the Clerk and Recorder, Garfield County, Colorado. The Los Amigos Ranch
Architectural Review Committee has granted the owner of the above referenced property an extension of time until
z}-_to commence the change in accordance with the approved plans.
lssued this
-
daY of
LOS AMIGOS RANCH ARCHITECTURAL REVIEW COMMITTEE
20
By
EXHIBIT F
CERTIF]CATE OF APPROVAL OF CHANGES IN APPROVED DOCUMENTS
ELK SPRINGS
LOS AMIGOS RANCH PUD
GARFIELD COUNTY, COLORADO
DATE:-
Approval of Changes in Approved Documents submitted by:
Titled:
To be constructed on: Lot Filing Los Amigos Ranch PUD, Garfield County, Colorado,
hereby given by the Architectural Review Committee, with the following conditions and exceptions:
LOS AMIGOS MNCH ARCHITECTURAL REVIEW COMMITTEE
of Architectural approval is
By.
i;; not piration date. This Certificate of Approval of
changes in approveO documents does not extend the expiration date.
This Certificate of Approval of Changes in Approved Documents is not valid until all conditions and exceptions are
acknowledged by thi'owner's signatlre and itie original is retumed to the Los Amigos Architectural Review
Committee.
I hereby agree to the exceptions and conditions above:
Homeownels Signature
CONSTRUCTION
lndividuals making submittals for Changes in Approved Documents are advised that review of plans by the Los
Amigos Ranch Ar6hiteaural Review committee does not necessarily cover compllance with local building codes or
othJ authorities. Approval for conformance with building codes must be sought direc{ly from the local authorities'
On-site stakes and flagging review on _ and approvalgiven to begin clearing and excavation.
(Date)
LOS AMIGOS RANCH ARCHITECTUML REVIEW COMMITTEE
By
UTILITY HOOK-UP INFORMATION
Before excavation begins, contact the following companies for utility locations:
Gas
KN Energy
Electricity
Holy Cross Electric Association
Telephone
US West Communications
Sewer
Spring Valley Sanitation District
Water
Red Canyon Water Co.
EXHIBIT G
(800) s63-0012
(970) 945-54e1
(800) 244-1111
(970) 945-63e9
(970) e4s-6399
FEE SCHEDULE
June 20, 2000
INITIAL CONSTRUCTION
(lncludes lnitial Landscaping, Screening and Fencing)
Preliminary Review
Final Review
Changes to apProved submittals
Certificate of Compliance
Construction Road Use Fee
Additional Spring Construction Road Fee
* Construction DePosit
* Contractor DePosit
An Additional Contractor Construction Deposit of up to $6000
may be required ( see $ V1, 42)
ADDITIONS OR REMODELS
Preliminary Review
Final Review
Certificate of Compliance
* Construction DePosit
I.ANDSCAPING, SCREENING AND FENCING
(When not included in an addition, remodel or initial construction)
Preliminary Review
Final Review
Certificate of ComPliance
* Construction DePosit
EXHIBIT H
$ 3s0
$ 150
$ s0-200
$75
$ 600
$ 1000
$ 2000
$ 2000
$ 150
$50
$50
$ 500
$75
$25
$25
$ 250
* Construction deposits are refundable upon completion of project and satisfaclory inspection by ARC.
NOTE: For tnitial construction, the prinruyand Finat Review fres lnclude a total of 5 hours of the
Commltt*,s consutting archituts time. Additional u* of the consulting architxts lime will
fu bittd to lhe owner al the Commlltee's cosl + l0% and must be Will before a Certlficale
of Archilmural Aryrorat is issud. ltrcorrxl, incomflete and/or relxtd sufrnittals may
resufi in additionat revi*y fre as*ssrnents d the disretion of the Commltlee- The
Commlttee may waive atl or Wrt of the landsadng; sreeninS and fencing fees at rt3 sle
disretlon.
PRIMARY REVIEW
Allapplicable elements listed below must be
addressed and checked off by applicant for a submittal to
be deemed complete:
SITE PI-AN
_Building location control stakes and elevation
benchmarks as located on site by a licensed surveyor
Building location and drivanay boundary stakes as
located on site
_Building ot(line as it meets grade
Revised contours
-Drainage patterns
_Roof Plan with all roof ridgeline elevations in tographical
numbers
_Walks, drives, parking and turn around areas
_Location of utility extensions and meters
_Trash enclosures
_Fences
_Recorded building envelope/setbacks
_Easements of record
_Location and revised contours of ISDS, if applicable
_Any other proposed improvements or
auxiliary construction
_Existing trees -those to be removed shown dashed
EXTERIOR ELEVATIONS
_Four exterior views
_Existing grade where it meets the building
_Proposed finish grade where it meets the building
_All exterior materials noted
SITE MARKING
_Trees to be removed flagged
_Building location stakes indexed to site plan
_Driveway boundary stakes
_ISDS locations
_Utility cuts not under drivewaY
_Elevation benchmarks adjacent to building site
FLOOR PI.ANS
_Use of each room labeled
_Topographical elevation of each floor
_Square footage of each floor
_Decks, patios
_Benchmark location(s)
FOUNDATION DESIGN
_Subsurface geotechnical report
INDIVIDUAL SEWER SYSTEM DESIGN
_Percolation test(s)
RENDERING OR MODEL
_lf required
Certification that all the above applicable items have been
addressed in the submittal.
ELK SPRINGS SUBMTTTAL REQUIREMENTS
EXHIBIT I
FINAL REVIEW
ln addition to those elements required at Primary
Review, the foltowing elements must be addressed
and checked off by applicant for a submittal to be
deemed complete.
GENERAL
-Architect's
signed seal on all applicable documents
SITE PI.AN
_Exterior lighting attached to structure
_Exterior lighting detached from structure
_Finished paving and walk materials
_Retaining walls, if any
Site construction details (storage, staging & parking)
_Landscaping/Revegation
EXTER.IOR ELEVATIONS
_Location of utility meters
_Roof penetrations, chimneys, skyli ghts, etc.
_Locations of all exterior lighting
_Attached trash enclosures and fencing, etc.
_Materials and colors
FLOOR PLANS
_Complete dimensions
FOUNDATION DESIGN
_Final dimensioned and detailed design
_Professional Engineer's signed seal
INDIVIDUAL SEWER SYSTEM DESIGN
_Final system design
_Professional Enginee/s signed seal or approval
COLOR SAMPLES
_Siding, trim, fascia, etc.
_Roofing
_Window frame/sash
_Stone, masonry units
_Offier
EXTERIOR LIGHTING
_Catalog sheets
BU I LDING CROSS.SECTION
_/"" = 1'{' min. scale
STRUCTURAL DRAWINGS
_Member sizes and design criteria
_Professional Engineeis signed seal
RENDERING MODEL
-lf
required, revised/upgraded per final design
Certification that all the above applicable items have
been addressed in the submittal.
Owner or Architec't Owner or Architect
SUPPLEMENTAL DECLARATION FOR
LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT
GARFIELD COUNry. COLORADO
THIS SUPPLEMENTAL DECLARATION FOR LOS AMIGOS RANCH PLANNED UNIT
DEVELOPMENT, GARFIELD COUNTY, COLORADO (Supplemental Declaration) is made
and declared this day of 2000, by Los Amigos Ranch
Partnership, a Colorado general partnership (Declarant).
RECITALS
A. Declarant is the owner of certain real property situate in Garfield County,
Colorado, and more particularly described in the Final Plat for Elk Springs, Filing 6, a
Subdivision of Los Amigos Ranch PUD, ("Final Plat"), filed for public record in the Officeof the Clerk and Recorder, Garfield County, Colorado as Reception No.
B. Declarant has previously recorded that certain Amended and Restated
Declaration of Covenants, Conditions and Restrictions for LosAmigos Ranch Planned Unit
Development, Garfield County, Colorado (Amended and Restated Declaration) on
February 15, 1991 in Book 799, Page 48 of the Garfield County Clerk and Recorders'
records as Receptions No., 421306.
C. Declarant desires to annex allthose properties contained within the Final Plat
pursuant to this Supplemental Declaration and thereby subject said annexed properties
(hereinafter "Additional Properties") to the Amended and Restated Declaration and the
additional covenants, conditions and restrictions set forth below.
NOW THEREFORE, Declarant hereby makes the following declaration of
annexation of the Additional Properties and declarations of additional covenants and
restrictions applicable thereof:
ANNEXAT]ON OF ADDITIONAL PROPERTY
1 .1 TheAdditional Properties contained within Elk Springs, Filing 6, a Subdivision
of Los Amigos Ranch PUD, as more particularly described on "Exhibit A" attached hereto,
are hereby annexed pursuant to Article lV of the Amended and Restated Declaration.
1.2 The Additional Properties are hereby made subject to all provisions set forth
in the Amended and Restated Declarations.
1.3 The Additional Properties are hereby made subject to the additional
covenants, conditions and restrictions set forth in this Supplemental Declaration.
I
ADDITIONAL COVENANTS. CONDITIONS AND RESTRICTIONS
2.1 lrrigation Each single family lot shall not be allowed to irrigate more than 3,000
square feet of land.
2.2 Central Sewer Systems All single family lots in Elk Springs, Filing 6, a Subdivision
of Los Amigos Ranch PUD, Filing 5, are within the Spring Valley Sanitation District
boundaries and must connect to its central sewage treatment system for sewage treatment
services. No individual sewage disposal systems shall be allowed.
2.3 Pet Control All pets must be kept under strict owner control at all times. No more
than one adult dog and no more than an aggregate of three cats and dogs may be kept on
a single family lot. The Board of Los Amigos Ranch Homeowner's Association has
promulgated rules and regulations regarding pet ownership and control, and may levy pet
assessments for violations of said rules and regulations. By way of example, owners may
be assessed for pets found roaming free of owner control, or disturbing neighbors or
wildlife. Said pet assessments are enforceable as set forth in Article V., Paragraph 5.5 of
the Amended and Restated Declaration. Nothing contained herein or in said rules and
regulations shall limit the right of the Board to modify said rules and regulations, determine
a pet is a nuisance and require it's removalfrom Los Amigos Ranch P.U.D. Properties, nor
limit the right of Los Amigos Ranch Partnership or any owner of Los Amigos Ranch P.U.D.
property to enforce their property rights.
2.4 Fire Protection TheAdditionalProperties areforested with mature pinion and juniper
trees. ln order to reduce the danger to homes from lighting induced crown fires, all
Homeowners shall create a defensible space by thinning trees within 30 feet of their homes
so that the crowns of trees are at least 10 feet apart. This defensible space should be
increased on the downhill slope of homes. Dead branches, limbs, trees and debris shall
be removed from the defensible space area. Roofs shall be constructed of
noncombustible materials. Homeowners should install adequate lightning protection.
2.5 Fireplaces Woodburning appliances in each single family dwelling unit shall be
limited to one Colorado Certified woodstove. Naturalgas appliances may be used freely.
2.6 Bear Proof Trash ContainersAlltrash and trash containers shall be stored within an
enclosed building except on the same day it is set out for pick-up, or alternatively, alltrash
shall be stored in containers that have been designed and constructed to prevent bears
and other wildlife from gaining access to the contents of the containers.
lN WITNESS: WHEREOF, Declarant sets its hand and seal this
of _, 2000.
day
LOS AMIGOS RANCH PARTNERSHIP
A Colorado general partnership
By.
Thomas E. Neal
Managing General Partner
/