HomeMy WebLinkAboutDeclaration of Shared Water Systems:F Bler:tronically
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DECLARATION
OF
SHARED DOMESTIC WATER SYSTEM
(Fall Pasture lVell)
KNOW ALL MEN BY THESE PRESENTS that the undersigned herebydeclare and adopt
the following Declaration of Shared Domestic Water Systern (the "Declaration") which shall run
with the property hereinafter described and shall be binding upon all parties now owning or hereafter
acquiring any interests therein or thereto.
ARTICLE I.
DEFINITIONS
The following terms shall have the following meanings when used herein unless the context
otherwise requires:
l. L The.Properw. The properfy subject to this Declaration is described as Tract 57 in
Section 25, Township 5 South, Range 92 West of the 6'h P,M. as shown on the Antlers Orchard
Development Company's Plat No. l, recorded as Reception No. 37488 in the Garfield County,
Colorado records; together with the NWI/4 NWI/4 of Section 36, Township 5 Sonth, Range 92
West of the 6rr' P.M. currently containing Tracts 7 , 8, 9 and l0 as shown on said Antlers Orchard
Development Company's PlatNo. 1.
I .2. The Declarants. Anyreference herein to the'*Declarants" means and refers to Wayne
H. Pollard, who cunently owns said Tracts 8, 9 and 10, CMH Homes, lnc., a Tennessee corporation,
who currently owns said Tract 57 and Kevin J. Bogan and Kimberly D. Bogan, who currently own
said Tract 7.
L3. Tract. "Tract" means any lot, tract or parcel designated for separate ownership now
existing within the Property or hereafter created and approved for water service pursuant to Section
3.2 below.
1.4. Owner. "Owner" means and refers to any person or entity including the Declarant,
at any time owning an interest in a Tract.
1.5. Association. "Association" means and refers to the Fall Pasture Water Association,
a Colorado not for profit corporation.
1.6. The Well. Any reference herein to the "Well" shall mean the Fall Pasture Well,
Permit No. 82768-F,located in the SWl/4 NW l/4 of Section 36, Township 5 South, Range 92 West
of the 5'h P,M.
1.7. Domestic Water Svstem. The "Domestic Water System" means and refers to the
Well and all pumps, water lines and other equipment and facilities associated therewith which serve
two (2) or more Tracts.
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1.8. The Pumose. The purpose of this Declaration is to set forth the manner in which
the Association shall own, manage and operate the Domestic Water System serving the Tracts.
ARTICLE II.
ASSOCIATION
2.1. Mernbership. Every Owner shall be entitled and required to be a member of the
Association, An Owner shall be entitled to one membership for each Tract owned. Each such
membership shall be appurtenant to and inseparable from the Tract upon which it is based and shall
be transferred automatically by the transfer, in whatsoever form, ofthat Tract. Ownership of a Tract
shall be the sole qualification for membership. No person or entity other than an Owner may be a
member of the Association.
2.2. Votins. Each Tract shall be entitled to one vote" Owners of more than one Tract shall
have the right to cast the aggregate number of votes that the Tracts which they own represent. If any
Tract is owned by nrultiple parties, all such parties shall be members; provided however, that the
vote to which such Tract is entitled shall be exercised as the several Owners determine among
themselves and in no event shall more than one vote be cast with respect to any one Tract.
Cumulative voting shall not be permitted.
2.3. Assessments. The Association shall have the right to levy and make assessments in
accordance with its Bylaws, for the following purposes:
(a) To pay expenses incurred by the Association in connection with the
installation, maintenance, repair, replacement and operation ofthe Domestic
Water System;
(b)
(c)
(d)
To pay any deficit remaining from any previous assessrnent;
To create a reasonable contingency, reserye, surplus andor sinking fund; and
To pay any other expsnses and liabilities which may be incuned by the
Association for the benefit of the Owners, under or by reason of this
Declaration, its Articles of Incorporation or Bylaws.
2,4. Pavment of Assessments. Each Owner shall pay the Association, in accordance with
its Bylaws, such assessments as may be periodically made by the Association.
2.5. Periodic Assessments. After any assessment has been made by the Association,
assessments shall thereafter be made no less frequcntly than annually and shall be based on a budget
adopted by the Association no less frequently than annually.
2.6. Special Assessmentq. In the event costs associated with the maintenance or repair
of the Domestic Water System are incurred by the Association as a result of excessive wear or abuse,
or the negligent or intentional act of one or several Owners, the Association may levy a Special
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Assessment against such Owner or Owners to cover the costs associated with such maintenance and
repairs.
2.7. Added Charees. The Association may impose charges for late payment of
assessments, recover reasonable attomey's fees and other costs of collection and levy fines for
violation ofthis Declaration or the Bylaws ofthe Association. All such charges shall be enforceable
as assessments. Any past-due assessment shall bear interest at the rate of twelve percent (12%) per
annum or at such greater rate as may be established by the Association.
2.8. Collection of Assessments. The Association shall have the right to bring an action
at law against the Owner personally obligated to pay any delinquent assessment or charges.
2.9. AssessmentLiens. AllsumsassessedtoanyTractbytheAssociationshallbesecured
by a lien on such Tract in favor of the Association. Such lien shall be subordinate to any valid tax
and special assessment lien on the Tract in favor of any governmental assessing authority, but shall
be superior to all other liens and encumbrances on such Tract. The Association mayrecord in the
office of the Clerk and Recorder of Garfield County, Colorado, a Statement of Lien setting forth the
name of the owner, the legal description of the Tract, the name of the Association and the amount
of the delinquent assessment, which Statement shall be signed and acknowledged by an executive
officer of the Association, and served upon the Owner of the Tract by ordinary mail, mailed to the
address ofthe Tract, orto such other address the Association may have in its records for the Owner
of the Tract. On the expiration of not less than thirty (30) days after the mailing of such notice, the
Association may proceed to foreclose the Statement of Lien in the same manner as provided for the
foreclosure of mortgages on real property. The Association shall be entitled to recover in any action
(whether a foreclosure action or a personal action) the full amount of all delinquent assessments,
together with interest, late charges, costs and expenses of suit, including without limitation, its
reasonable attorney's fees incuned.
No Owner may exempt himself or his Tract from liability for any assessment or assessment
lien by waiving any benefits or by abandonment of his Tract. A transfer (by whatever method) of
any Tract shall not affect the Assessment Lien. The sale or ffansfer of a Tract shall not relieve the
owner from personal liability for any assessment made prior to such transfer, and the party acquiring
any Tract for which any assessment renraius unpaid.shall be deemed to have personally assumed
such liability.
ARTTCLE III.
OPERATION OF THE DOMESTIC WATER SYSTEM
3.1. AllotmentConfract. TheAssociationhas acquired a WaterAllotment Contract from
the WestDivide WaterConservancyDistrict for2.42 acrefeetofwaterperyear to serye the five (5)
existingTractswithintheProperty(the'AllotmentConhact"), ThewatersupplyfortheTractsshall
be limited to the uses and amounts permifted under the Allotment Contract. The water supplied to
each Tract shall be limited to the following permitted uses: (l) ordinary household purposes inside
one ( I ) single family dwelling; (2) fire protection; (3) the non-commercial watering of up to four (4)
animals; and (4) the irrigation ofup to 7,500 square feet ofgardens and lawns, The Association shall
be responsible for all charges associated with the Allotment Contract, which amounts shall be
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assessed equally among the Tracts regardless of whether such Tracts are connected to or being
serviced by the Domestic Water System.
3.2 Further Subdivision/Additional Residences or ADUs. Providing water service to any
additional lots, tracts or parcels hereafter created within the Property or any additional residences or
Accessory Dwelling Units within the Properly shall be subject to approval by a majority of the 7Owners. Upon anysuch approval, the Ow
residence or Accessory Dwelling Unit sl
therewith, including, without limitation,
amending the Allotment Contract or obtai
water purchased from the West Divide W
3.3. OperatinsCosts. TheAssor
in connection with the Domestic Water Sy
the Owner of a Tract shall install a water r
and all operating costs including, but nol
Association, shall be assessed among the i
3.4. No Oblieation Prior to Con
the Allofment Contract, no Tract shall inc
respect to the Domestic Water System
expenses, except during periods when suc
System or is otherwise using water from th
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3.5. Water Tanks Required. Upon connection to the Domestic Water System, each Tract
shall be required to have zur underground water storage tank having a capacity of not less than 1,500
gallons for storage of water from the Well. The Owner of each Tract shall be responsible for the
installation and maintenance ofthe storage tank serving such Owner's Tract and shall be responsible
for the payment of all costs associated therewith. No Owner shall be allowed to connect to the
Domestic Water System unless and until a water storage tank is installed as required hereunder.
3 .6. Maintenance and Repair Costs. The Association shall be responsible for the upkeep,
maintenance, repair and improvement of any portion of the Domestic Water System. Any and all
costs incurredbythe Association in connectiontherewith, shall be assessed equallyamongthe Tracts
sharing the use of such facilities. The upkeep, maintenance, repair and improvement of any water
facilities serving only one Tracl and any costs associated therewith, shall be the exclusive obligation
of the Owner of the particular Tract served thereby.
3.7. Suspension of Use. ln the event an Owner fails to pay the Association any sums
assessed against such Owner's Tract pursuant to this Declaration, such Owner shall not be entitled
to use the Domestic Water System or water from the Well until paSrment, in full, of the delinquent
assessment and all additional charges irnposed in accordance with the provisions of this Declaration.
Any such suspension of use shall be in addition to all other remedies available to the Association
pursuant to this Declaration, at law or in equity.
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3.8. Easements. Easements necessary for the construction, maintenance, repair,
replacement and operation of the Domestic Water System have been established for the benefit of
the Tracts or otherwise granted to the Association.
ARTICLE ry.
GENERAL PROVISIONS
4.1. Covenants Run With Land. This Declaration shall run with and be a burden on and
a benefit to the Property and shall be binding upon all Owners of any interest in a Tract and any
occupant ofa Tract.
4.2. Consent to Future Wells. It is understood that Wayne H. Pollard ("Pollard"), a
Declarant hereunder and the owner of the property upon which the Fall Pasture Well is located,
intends to drill additional wells thereon which may be owned and operated by other water
associations, Upon Pollard's reguest, the Association shall provide written consent to the location
of additional wells within 600 feet of the Fall Pasture Well and such written consent shall be
delivered by the Association within fifteen (15) days after receipt of any such request.
Notwithstanding any such consent, the Association shall have the right to pwsue any and all
remedies at law or in equity should any such additional well injure or otherwise adversely impact
the Fall Pasture Well or the water produced thereby.
4.3. AmendmentandRevocation. ThisDeclaration may be amended or revoked onlyby
the written agreement of the Owners of all Tracts, executed, acknowledged and recorded in the
records of the Clerk and Recorder of GarFreld County, Colorado.
4.4. Duration. ThisDeclarationshallcontinueineffectuntilrevokedorterminatedinthe
manner provided above.
4.5. Enforcement. FailureofanyOwnertocomplywiththeprovisionsofthisDeclaration
or with the Articles of Incorporation, or Bylaws of the Association, shall give rise to a cause of
action in the Association, as well as any aggrieved Owner for the recovery of damages, injunctive
relief or both. The failure of the Association or any Owner to enforce any such rights, shall in no
event, be deemed a waiver of the right to do so in the future.
4.6. Severabilitv. Ifany clause or provision ofthis Declaration is determined to be illegal,
invalid or unenforceable under present or future laws, all other terms and provisions hereof shall
nevertheless remain in full force and effect.
IN WITNESS WHEREOF, this Declaration ofShared Domestic Water System is dated and
effective this l? aayot tJARcA ,zott.
DECLARANTS:
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Wayne
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B U
lic
STATE OF COLORADO ' . I ri,:l{:,
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COUNTY OF GAMIELD
The foregoing instrument was acknowledged before me this | 1 day of February, 2019, by
Wayne H. Pollard.
Witness my hand and official seal.
My commission expires: 0G a'7 'Lo LL
ERII'J i FLjNvVELL
fJC,! ar (.utltiC
Slall: ;'" r' r;r,r.;iJo
Notary lfr :: ;i r ":..rii IijBg6
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Kevin J
Kimberly D
STATE OF COLORADO
ERIN L BURWELL
Nolary Public
State of Golorado
Notnry lD # ?0184023855
-2COUNTY OF GARFIELD
The foregoing insffument was acknowledged before me this l9 day of lVlarr h .2019
by Kevin J. Bogan and Kimberly D. Bogan.
Witness my hand and official seal.
My commission expirest O b- 01 74LL
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NotaryPublic
CMH HOMES,INC..
a Tennessee corpo.ution
Name
Title:
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STATE OF
COTINTY OF
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Thg foregoing instnrment was aeknowledged bEfore me this 14 A.y of f} * tuh,
zots,by lwusn (Zou. . us Aonuil trlrwn#avof CMH Homes, Lrc,
Witness my hand and ofl[cial seal.
My commission expires :\o o I{r?nA
}IOTARY PUBLIC
SIATE OF COLORADO
NOTARY tD 20t84047984
llY COiltsilEstON EXpthEB DECEIT|BER t4,2022
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