HomeMy WebLinkAbout1.30 Revised CCRsLake Springs Ranch
Subdivision Preliminary Plan/PUD Amendment December 2025
Exhibit 30 | Proposed Third Amended CCR’s
SECOND THIRD AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
LAKE SPRINGS RANCH PUD
Revised April 15, 2016______ __, 2025
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THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
LAKE SPRINGS RANCH PUD
TABLE OF CONTENTS
1 STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS .............................. 1
1.1 Amended and Restated………………………………………………….…..…………1
1.2 Purpose ....................................................................................................................................1
1.3 Declarant's Intent ....................................................................................................... 1
1.4 Declaration ......................................................................................................................... 1
1.5 Covenants to Run with the Land ..................................................................... 1
1.6 Association .................................................................................................................. 1
2 DEFINITIONS ....................................................................................................... 2
2.1 Definition Reference ..................................................................................... 2
2.2 Act ............................................................................................................ 2
2.3 Articles of Incorporation ................................................................................. 2
2.4 Assessment ................................................................................................. 2
2.5 Association ................................................................................................. 2
2.6 Building Envelope ......................................................................................... 2
2.7 Bylaws ......................................................................................................... 2
2.8 Common Elements ....................................................................................... 2
2.9 Common Expenses ....................................................................................... 3
2.10 Declarant ..................................................................................................... 4
2.11 Declaration ................................................................................................... 4
2.12 Deed of Trust ............................................................................................... 4
2.13 Development Guidelines ............................................................................... 4
2.14 Development Review Committee ................................................................... 4
2.15 Eligible First Mortgagee ................................................................................. 4
2.16 Executive Board ......................................................................................... 4
2.17 First Mortgagee ............................................................................................ 4
2.18 Improvements .............................................................................................. 4
2.19 Lot ............................................................................................................... 5
2.20 Member ..................................................................................................... 5
2.21 Mortgage .................................................................................................... 5
2.22 Mortgagee ................................................................................................... 5
2.23 Mortgagor .................................................................................................. 5
2.24 Occupant ..................................................................................................... 5
2.25 Owner ......................................................................................................... 5
2.26 Person ......................................................................................................... 5
2.27 Plat ............................................................................................................. 6
2.28 Property ....................................................................................................... 6
2.29 Rules and Regulations .................................................................................. 6
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3 DESCRIPTION OF PLANNED COMMUNITY ............................................................ 6
3.1 Lots ............................................................................................................. 6
3.2 Lot Legal Description .................................................................................... 6
3.3 Allocated Interests ....................................................................................... 7
3.4 Agricultural Preserve .................................................................................... 7
4 COMMON ELEMENTS ............................................................................................ 7
4.1 Use and Enjoyment of Common Elements ...................................................... 7
4.2 Association Regulation of Use of Common Elements ........................................ 8
4.3 Association to Operate and Maintain Common Elements ................................... 8
4.4 No Partition of Common Elements .................................................................. 8
4.5 Owner Liability for Owner or Occupant Damage to Common Elements .............. 8
4.6 Damage or Destruction to Common Elements ................................................. 9
4.7 Condemnation of Common Elements ............................................................. 9
4.8 Title to Common Elements Upon Dissolution of Association ............................... 9
4.9 Mechanic's Liens on Common Elements ........................................................ 9
4.10 Reservation of Excess Capacity in Water System ............................................. 9
5 EASEMENTS ........................................................................................................ 10
5.1 Recorded Easements................................................................................... 10
5.2 Owner's Easements .................................................................................... 10
5.3 Emergency Access Easement ...................................................................... 10
5.4 Utility Easements ....................................................................................................... 10
5.5 Easements for Incidental Encroachments ................................................................... 11
5.6 Maintenance Easement ................................................................................................. 11
5.7 Drainage Easement ..................................................................................... 11
5.8 Construction Easement ............................................................................... 11
5.9 Easements Deemed Created ....................................................................... 11
6 THE ASSOCIATION ............................................................................................. 11
6.1 Association ................................................................................................. 11
6.2 Association Executive Board ......................................................................... 12
6.3 Membership ................................................................................................ 12
6.4 Required Compliance ................................................................................... 12
6.5 Voting Rights of Members ........................................................................... 12
6.6 Authority .................................................................................................... 12
6.7 Powers ........................................................................................................................ 12
6.8 Obligations ............................................................................................................... 12
6.9 Water System .......................................................................................................... 13
6.10 Well Monitoring ........................................................................................... 13
6.11 Limited Liability ............................................................................................ 13
6.12 Declarant Control ....................................................................................... 13
7 ASSESSMENTS ................................................................................................... 13
7.1 Assessments............................................................................................... 13
7.2 Annual Assessments ................................................................................... 13
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7.3 Apportionment of Assessments ................................................................... 13
7.4 Special Assessments ................................................................................... 14
7.5 Default Assessments ................................................................................... 14
7.6 Payment of Assessments ............................................................................. 14
7.7 Creation of Association Lien and Personal Obligation to Pay Assessments ....... 14
7.8 Effect of Non-Payment of Assessments .......................................................... 15
7.9 Open Space and Wildlife Conservation Fund ................................................. 15
7.10 Working Fund ............................................................................................ 15
8 PROPERTY USE RESTRICTIONS .......................................................................... 16
8.1 General Restriction ...................................................................................... 16
8.2 Limited Business Activities ............................................................................ 16
8.3 Construction and Alteration of Improvements ................................................. 16
8.4 Compliance With Laws ................................................................................. 16
8.5 Nuisance ................................................................................................... 16
8.6 No Hazardous or Unsafe Activities ............................................................... 16
8.7 Prohibition of Increases in Insurable Risks .................................................... 16
8.8 Prohibition against Damage or Waste ............................................................ 17
8.9 Vehicles ...................................................................................................... 17
8.10 Obstructions ............................................................................................... 17
8.11 No Firearms or Hunting .............................................................................. 17
8.12 Service Facilities ......................................................................................... 17
8.13 Maintenance of Landscaping ........................................................................ 17
8.14 Natural Vegetation Preservation ................................................................... 17
8.15 Animals and Pets ....................................................................................... 18
8.16 Signs .......................................................................................................... 19
8.17 Solid Waste ................................................................................................................ 19
8.18 Outside Burning ......................................................................................................... 19
8.19 Dust Control................................................................................................................ 19
8.20 Noise ........................................................................................................................... 20
8.21 Odor ............................................................................................................................ 20
8.22 Lighting ...................................................................................................................... 20
8.23 Wells ........................................................................................................................... 20
8.24 Minerals ...................................................................................................................... 20
8.25 Excavation or Fill ........................................................................................................ 20
8.26 Drainage and Erosion Control ................................................................................... 20
8.27 Vegetation and Noxious Weed Control and Management ..................................... 20
8.28 Wildlife Protection Restrictions .................................................................................. 21
8.29 Geotechnical Restrictions ......................................................................................... 22
8.30 Wildfire Prevention ..................................................................................................... 23
8.31 Requirement for Pressure Reducer Valves ............................................................ 23
9 DEVELOPMENT REVIEW ..................................................................................... 24
9.1 Development Guidelines .............................................................................. 24
9.2 Development Review Committee.................................................................. 24
9.3 Meetings and Action of Development Review Committee ................................. 24
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9.4 Pre-submission Conference ..................................................................................... 24
9.5 Development Review ............................................................................................... 24
9.6 Development Review Expenses .............................................................................. 25
9.7 Decision of Committee .............................................................................................. 25
9.8 Prosecution and Completion of Work After Approval.............................................. 25
9.9 Limitation of Liability .................................................................................................. 26
10 CONSTRUCTION AND ALTERATION OF IMPROVEMENTS ................................... 26
10.1 General ....................................................................................................................... 26
10.2 Approval Required ................................................................................................... 26
10.3 Underground Utility Lines ........................................................................................ 26
10.4 Size Restrictions of Dwellings ................................................................................... 27
10.5 Specific Requirements for Dwellings ....................................................................... 27
10.6 Fireplaces and Stoves ............................................................................................... 27
10.7 Fences and Hedges .................................................................................................. 27
10.8 Landscaping .............................................................................................................. 27
10.9 Removal of Nonconforming Improvements ............................................................ 28
10.10 Fire Protection District Recommendation................................................................. 28
11 MAINTENANCE .................................................................................................... 28
11.1 Owner's Maintenance Responsibility ....................................................................... 28
11.2 Owner's Negligence .................................................................................................. 28
11.3 Association's Maintenance Responsibility ............................................................... 28
12 INSURANCE ............................................................................................................................................ 29
12.1 Owner's Insurance Responsibility ........................................................................................... 29
12.2 Association's Insurance Responsibility ................................................................................... 29
12.3 Coverage .................................................................................................................................... 29
12.4 Required Provisions................................................................................................................... 29
12.5 Adjustment of Claims ................................................................................................................ 29
12.6 Copies of Policies ....................................................................................................................... 30
13 RESERVATION OF DEVELOPMENT RIGHTS ........................................................................... 30
13.1 Development and Withdrawal Rights...................................................................................... 30
13.2 Construction Easement ............................................................................................................. 30
13.3 Reciprocal Easements .............................................................................................................. 30
13.4 Termination of Development Rights ........................................................................................ 31
13.5 Interference with Development Rights .................................................................................... 31
13.6 Transfer of Development Rights .............................................................................................. 31
14 SPECIAL DECLARANT RIGHTS ............................................................................. 31
14.1 Special Declarant Rights ............................................................................. 31
14.2 Additional Reserved Rights .......................................................................... 32
14.3 Limitations on Special Declarant Rights and Additional Reserved Rights........... 32
14.4 Interference with Special Declarant Rights ..................................................... 33
14.5 Rights Transferable ...................................................................................... 33
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14.6 Declarant Control of Association ....................................................................... 33
14.7 Election by Owners ..................................................................................................................... 33
15 MORTGAGEE PROTECTIONS ............................................................................... 34
15.1 Introduction ................................................................................................. 34
15.2 Percentage of First Mortgagees .................................................................... 34
15.3 Notice of Actions .......................................................................................... 34
15.4 Consent Required ........................................................................................ 34
15.5 Notice of Objection ....................................................................................... 35
15.6 First Mortgagees' Rights ............................................................................. 34
15.7 Limitations on First Mortgagee's Rights .......................................................... 35
15.8 Special Declarant Rights ............................................................................. 35
16 ENFORCEMENT OF DECLARATION .................................................................... 35
16.1 Violation Deemed a Nuisance ..................................................................... 35
16.2 Compliance ................................................................................................ 35
16.3 Who May Enforce ...................................................................................... 35
16.4 Enforcement .............................................................................................. 36
16.5 Nonliability .................................................................................................. 36
16.6 Recovery of Costs ....................................................................................... 36
17 MISCELLANEOUS PROVISIONS ........................................................................... 36
17.1 Severability ............................................................................................. 36
17.2 Construction ........................................................................................... 36
17.3 Third Party Beneficiary ........................................................................... 36
17.4 Condemnation ........................................................................................ 36
17.5 Headings ................................................................................................ 36
17.6 Conflicts in Legal Documents ................................................................. 36
17.7 No Public Use Dedication ....................................................................... 37
17.8 Notices ................................................................................................... 37
17.9 Waiver or Delay in Enforcement ........................................................... 37
17.10 Choice of Law and Jurisdiction ............................................................... 37
18 DURATION OF COVENANTS AMENDMENT AND TERMINATION ........................... 37
18.1 Term ....................................................................................................... 37
18.2 Amendment of Declaration ..................................................................... 37
18.3 Execution of Amendments: Expenses .................................................... 38
18.4 When Modifications Permitted ................................................................ 38
18.5 Recording of Amendments ..................................................................... 38
18.6 Termination of the Planned Community ................................................. 38
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THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS & EASEMENTS FOR LAKE SPRINGS RANCH PUD
THIS THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR Lake Springs Ranch PUD, to
be effective upon its recordation, is made by The Berkeley Family LLLP, a Colorado
Limited Liability Limited Partnership ("Declarant") as the owner of certain real property
located in the County of Garfield, Colorado, (the "Property") and more particularly
described on Exhibit "A" annexed hereto and incorporated herein by this reference.
1. STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS
1.1 Amended and Restated. This Declaration is intended to amend and restate the
Declaration of Covenants, Conditions, Restrictions and Easements for Lake Springs Ranch
PUD, previously recorded on December 8, 2004 in Book 1645 at Page 315 at Reception
No. 664631 (now vacated), and hereby replaces and supersedes such document in its
entirety. This Declaration is intended to amend and restate the Declaration of Covenants,
Conditions, Restrictions and Easements for Lake Springs Ranch PUD, Filing 1 recorded in
the office of the Clerk and Recorder on December 8, 2004 in Book 1645 at Bake 315 at
Reception No. 664631 and hereby replaces and supersedes such document in its entirety.
1.2 Purpose. The purpose of this Declaration is to create a common interest community
for the Property, to be known as Lake Springs Ranch PUD (the "Planned Community") by
submitting the Property to the provisions of the Colorado Common Interest Ownership Act, C.R.S.
§ 38-33.3-101, et seq., as amended from time to time (the "Act").
1.3 Declarant's Intent. Declarant intends to preserve and protect the value, desirability and
attractiveness of the Property, to restrain and minimize future impairment or deterioration of the
Property and to promote and safeguard the health, comfort, enjoyment, safety, convenience and
welfare of persons acquiring an interest in the Property.
1.4 Declaration. Declarant hereby submits the Property, including all improvements,
appurtenances and facilities relating to or located on the Property now and in the future, as a
Planned Community under the Act, and hereby declares, makes, imposes and establishes the
following covenants, conditions, restrictions, reservations, easements and other provisions
(collectively the "Declaration"), upon all of the Property, which from this day forward shall be held,
sold, conveyed, encumbered, leased, rented, occupied and improved, subject to this Declaration.
1.5 Covenants to Run with the Land. All provisions of this Declaration shall be covenants
running with the land, or as equitable servitudes, as the case may be. The benefits, burdens and
other provisions contained in this Declaration shall be binding upon and inure to the benefit of all
persons or entities having any right, title, or interest in all or any part of the Property, including
Declarant, all Owners and their respective heirs, executors, administrators, personal
representatives, successors, assigns, families, tenants, guests, employees, contractors, agents,
licensees and invitees.
1.6 Association. Declarant has created the Lake Springs Ranch Owners Association, a
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Colorado nonprofit corporation, its successors and assigns (the "Association") to manage the
affairs of the Planned Community. The Association shall serve as the governing body of the
Owners, shall hold title to that portion of the real estate within the Planned Community not located
within Lots, shall protect, improve, repair, administer, operate, maintain and preserve the Common
Elements, shall administer and enforce this Declaration, including, without limitation, collecting and
disbursing the assessments and charges created under this Declaration.
2. DEFINITIONS
2.1 Definition Reference. The definitions set forth in Section 38-33.3-103 of the Act shall be
used to interpret the provisions of this Declaration. The terms enclosed with quotation marks which
appear throughout this Declaration shall be used as abbreviations for the referenced item when
the item appears elsewhere in this Declaration. All definitions set forth in this Declaration shall
supplement the definitions in the Act and in the event of conflict between the definitions provided
in this Declaration and the Act, the Act shall control.
2.2 Act. "Act" shall mean the Colorado Common Interest Ownership Act as provided in C.R.S.
§ 38-33.3-101, et seq., as the same may be amended from time to time.
2.3 Articles of Incorporation. "Articles of Incorporation" or "Articles" means the Articles of
Incorporation of Lake Springs Ranch Owners Association, filed in the office of the Secretary of State
of the State of Colorado on May 3, 2001, and as the same may be amended from time to
time.
2.4 Assessment. "Assessment" means an Annual Assessment, Special Assessment or Default
Assessment, all of which shall be a Common Expense Liability as defined by the Act.
2.5 Association. "Association" means the Lake Springs Ranch Owners Association, a
Colorado nonprofit corporation, its successors and assigns.
2.6 Building Envelope. "Building Envelope" means that portion of each Lot which is depicted
and designated as the Building Envelope on a Plat. All structural Improvements shall be located
within the Building Envelope on a Lot, where such building envelopes have been established on
the Plat, except that driveways, walks, pathways, other similar features, fences, underground
utilities, irrigation and drainage systems, and landscaping may be located outside the Building
Envelope.
2.7 Bylaws. "Bylaws" means the Bylaws of the Association adopted by the Executive Board of
the Association, as the same may be amended from time to time.
2.8 Common Elements. "Common Elements" means all portions of the real estate in the
Property owned by the Association other than Lots including all Improvements and amenities and
personal property thereon or associated therewith, which shall be held by the Association for the
use, enjoyment and benefit of the Owners. The Common Elements include, but are not limited
to, (i) all portions of the Property designated in this Declaration, or any Supplemental Declaration
or on a Plat or any Supplemental Plat as Common Elements or open space, (ii) all easements
created or reserved on any Plat or Supplemental Plat, or in this Declaration or in any Supplemental
Declaration, or in any separate agreement, for the use and benefit of the Association, and (iii) any
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water rights, ditch rights and/or water production, treatment, storage and delivery facilities (or
interests therein) that may be owned by the Association or which the Association may be
entitled to use.
2.9 Common Expenses. "Common Expenses" means any expenditures made or liabilities
incurred by or on behalf of the Association, together with any allocations to reserves, including,
but not limited to the following:
2.9.1 Costs of maintenance, management, operation, repair and replacement of
the Common Elements;
2.9.2 Costs of Improvements constructed from time to time by the Association on
the Common Elements;
2.9.3 Costs of maintaining the utility systems owned by the Association and the
costs of making capital repairs and replacements therein;
2.9.4 Costs of management and administration of the Association, including, but
not limited to, compensation paid by the Association to managers,
accountants, attorneys and employees;
2.9.5 Costs of utilities and services (including, but not limited to, treated or
untreated water, electricity, gas, sewer, trash pick-up and disposal and
recycling), which are provided to the Association or the Planned Community
and not individually metered or assessed to Lots, landscaping maintenance,
and other services which generally benefit and enhance the value and
desirability of the Planned Community and which are provided by or on
behalf of the Association;
2.9.6 Insurance premiums on policies maintained by the Association as required
or permitted herein or by the Act;
2.9.7 Reasonable reserves for contingencies, replacements and other proper
purposes as deemed appropriate by the Executive Board to meet
anticipated costs and expenses including, but not limited to, maintenance,
repair and replacement of those capital items owned by the Association
which must be maintained, repaired or replaced on a periodic basis;
2.9.8 Costs of bonding the members of the Executive Board, the officers of the
Association, any professional managing agent or any other Person handling
the funds of the Association;
2.9.9 Taxes paid by the Association;
2.9.10 Unpaid Assessments;
2.9.11 Amounts paid by the Association for discharge of any lien or encumbrance
levied against the Common Elements;
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2.9.12 Costs incurred by the Development Review Committee, and by any other
committees that may be established from time to time by the Executive
Board;
2.9.13 Other expenses reasonably incurred by the Association for any reason
whatsoever in connection with the Common Elements, or the costs of any
other item or service provided or performed by the Association pursuant to
this Declaration, the Articles or Bylaws of the Association, applicable Rules
and Regulations, or the Development Guidelines, or in furtherance of the
purposes of the Association or in the discharge of any duties or powers of
the Association.
2.10 Declarant. "Declarant" means The Berkeley Family LLP a Colorado Limited Liability
Limited Partnership, its successors and assigns. A Person shall be deemed to be a "successor
and assign" of Declarant if specifically designated as such in a duly recorded instrument but only
as to the expressly designated matters contained in such an instrument.
2.11 Declaration. "Declaration" means this instrument, together with any supplement or
amendment and any other recorded instrument however denominated, that exercises a
Development Right, executed and recorded by Declarant. The term Declaration includes all
Plats recorded with this Declaration and all amendments and supplements to such Plats without
specific reference thereto.
2.12 Deed of Trust. "Deed of Trust" means a Deed of Trust or a Mortgage.
2.13 Development Guidelines. "Development Guidelines" means the rules, procedures,
standards, guidelines, and requirements promulgated from time to time by the Development
Review Committee and all amendments thereto, governing the review and approval or disapproval
of proposed Improvements within the Planned Community. The Development Guidelines shall
include rules, procedures, standards, guidelines, and requirements that will attempt to preserve the
natural characteristics of each Lot, including trees, vegetation, particularly the
Harrington’sHarrington’s penstemon, and the natural setting surrounding the Lot. The Development
Guidelines include the entire contents of the approved, recorded Lake Springs Ranch Planned Unit
Development Guide (PUD Guide), as that document may be amended from time to time.
2.14 Development Review Committee. “Development Review Committee” means the body
created for the purpose of establishing and enforcing criteria for the construction of Improvements
within the Planned Community and is authorized to control all exterior modifications to
Improvements.
2.15 Eligible First Mortgagee. "Eligible First Mortgagee" means a First Mortgagee that has
notified the Association in writing of its name and address and status as a First Mortgagee and has
requested that it receive mortgagee protection notices as provided in this Declaration.
2.16 Executive Board. “Executive Board” means the governing body of the Association.
2.17 First Mortgagee. "First Mortgagee" means a holder of a Mortgage on a Lot which is the
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first and most senior on such Lot.
2.18 Improvements. "Improvements" means any improvements, structural or otherwise,
alterations, additions, repairs, excavation, grading, landscaping or other work which in any way alter
any property within the Planned Community, or the improvements located thereon, from its
natural or improved state existing on the date this Declaration was recorded, including, but not
limited to, dwelling units, buildings, outbuildings, additions, swimming pools, patio covers, awnings,
the painting or other change of any exterior surfaces of any visible structure, walkways, outdoor
sculptures or artwork, sprinkler or irrigation systems, garages, carports, roads, driveways,
parking areas, ponds, ditches, fences, screening walls, retaining walls, stairs, decks, flag poles,
fixtures, landscaping (including the addition, alteration or removal of any tree, shrub or other
vegetation), hedges, windbreaks, plantings, planted trees and shrubs, gardens, poles, signs,
tanks, solar equipment, wind harnessing or other energy generating equipment, exterior air
conditioning, water softener fixtures, utilities, antennae and satellite dishes or receivers. Once
an Improvement has been constructed or accomplished on a property within the Planned
Community, any subsequent alteration of or addition to or removal of that Improvement shall also
constitute an "Improvement" hereunder. "Improvements" do not include repairs or alterations which
do not change exterior colors or exterior appearances.
2.19 Lot. "Lot" means any part of the Property which is designated for separate ownership or
occupancy as a Lot with boundaries described upon a Plat, together with all Improvements thereon
and appurtenances thereto. For purposes of conforming the terms and provisions of this
Declaration to the terms and conditions of the Act, the term "Lot" as used in this Declaration shall
be analogous to the terms "Unit" as that term is defined in the Act.
2.20 Member. "Member" means each Lot Owner including Declarant.
2.21 Mortgage. "Mortgage" means any mortgage, deed of trust or other security instrument,
given voluntarily by the Owner of a Lot, creating a real property security interest in a Lot and duly
recorded in the records of the Clerk and Recorder of Garfield County. The term "Mortgage" does
not mean a statutory, tax or judicial lien. The term "Deed of Trust" when used herein shall be
synonymous with the term "Mortgage."
2.22 Mortgagee. "Mortgagee" means a mortgagee under a Mortgage or a beneficiary under a
Deed of Trust, as the case may be, and the assignees of such Mortgagee.
2.23 Mortgagor. "Mortgagor" means the maker, obligor or grantor of a Mortgage. The term
"Mortgagor" includes a trustor or grantor under a deed of trust.
2.24 Occupant. "Occupant" means any Person who is present within the Planned Community
as a family member, tenant, servant, employee, agent, licensee, guest or invitee of an Owner.
2.25 Owner. "Owner" means the Person, including Declarant, or, if more than one, all Persons
collectively, who hold fee simple title of record to a Lot, (including contract sellers but excluding
contract buyers) but excluding any Person holding only a Mortgage in a Lot unless and
until such Person has acquired fee simple title to the Lot. The term "Owner" shall be
analogous to the term "Unit Owner", as that term is defined in the Act.
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2.26 Person. "Person" means a natural person, a corporation, a partnership, a limited
liability company, an association, a trust, or any other legal entity or any combination thereof.
2.27 Plat. "Plat" means the Final Plat of Lake Springs Ranch, Filing 1, as recorded
December 8, 2004, at Reception No. 664629 in the Office of the Clerk and Recorder of
Garfield County, Colorado, as said Final Plat may be amended from time to time and the
Final Plat of the Second Third Amended Lake Springs Ranch PUD, as recorded
________________ at Reception No. ________________ in the Office of the Clerk and
Recorder of Garfield County, Colorado as said Final Plat may be amended from time to
time. By this reference, said Plat is incorporated in this Declaration. Inasmuch as the
Property will be platted and developed in phases, the term "Plat" also means any
supplemental plat recorded by Declarant and all recorded amendments thereto.
2.28 Property. "Property" means the real property described on the attached Exhibit "A"
2.29 Rules and Regulations. "Rules and Regulations" means written standards
adopted, amended, supplemented, suspended, repealed and otherwise promulgated from
time to time by the Executive Board, as provided by this Declaration for the management,
preservation, safety, control and orderly operation of the Planned Community in order to
effectuate the intent and to enforce the obligations set forth in this Declaration.
3 DESCRIPTION OF PLANNED COMMUNITY
3.1 Lots. The Property is hereby divided into a maximum of 118 84 single family Lots,
one multi-family tract containing a maximum of 1210 lots containing multi-family dwelling
units and the balance of the Property shall be allocated to the Common Elements,
including an Agricultural Preserve and other common area and open space as shown on
the Preliminary Plan and Final Plat(s). All Lots shall be developed for residential purposes
only in conformance with this Declaration. Any multi-family Lots may be owned in the
form of apartment ownershipduplex, or condominium or townhouse ownership. If
condominium or townhouse ownership then upon such development, each separate
residence shall constitute a Lot under this Declaration. Identification numbers and
boundaries shall be shown on the Plat, or Supplemental Plats, depicting each Lot as
surveyed.
3.2 Lot Legal Description. Subsequent to the recording of this Declaration and the
Plat, contracts to convey, instruments of conveyance, and all other instruments affecting
title to a Lot shall be in substantially the following form, subject to such changes or other
provisions as may be required by any law, practice or usage:
Lot ________ , Lake Springs Ranch P.U.D., Filing 1, according to the Plat
recorded December 8, 2004 as Reception No. 664629 and the Declaration of
Covenants, Conditions, Restrictions and Easements for Lake Springs Ranch,
Filing 1, recorded December 8, 2004 as Reception No. 664631 in the office of the
Clerk and Recorder of Garfield County, Colorado.
or
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Lot ____, Second Third Amended Lake Springs Ranch P.U.D., Filing _ according
to the Plat recorded _________________, 20__ as Reception No.
______________ and the Second Third Amended and Restated Declaration of
Covenants, Conditions, Restriction and Easements for Lake Springs Ranch
P.U.D., recorded ____________, 2016 2026 at Reception No. __________ in the
office of the Clerk and Recorder of Garfield County, Colorado.
Every instrument of conveyance, Mortgage or other document affecting the title to
a Lot which legally describes the Lot substantially in the manner stated above shall be
construed to include the Lot, all fixtures and improvements contained in such Lot and to
incorporate all rights, powers, duties and liabilities incident to the ownership of a Lot
described in this Declaration.
3.3 Allocated Interests. The Common Expense Liability of each Lot shall be
determined by dividing the total number of Lots which have been described on a Plat duly
recorded as of the date of calculation into 1 and the result then multiplied by the applicable
Common Expenses or Assessment to determine each Lot's share of the same. The
Common Expense Liability for an Affordable Housing Lot may be modified in accordance
with Section 7.3.
3.4 Agricultural Preserve. The Agricultural Preserve depicted on the Plat, is reserved to
Declarant for agricultural activities and pursuits including the cultivation of agricultural crops
and rearing of livestock for profit. Declarant may continue to use any of the Property for
agricultural purposes, even if not shown on the Plat, until such time as the affected Lots are
sold and/or developed. No Owner shall have any right in or power with respect to the
Agricultural Preserve and such unplatted Property currently being used for agricultural
purposes, the use and enjoyment of which is reserved exclusively to Declarant. Inasmuch
as it is the declared policy of the State of Colorado to conserve, protect and increase the
development and improvement of agricultural lands for the production of agricultural
products, and a portion of the Property will remain in agricultural production for an indefinite
period of time, all Owners are charged with notice that certain portions of the Property are
agricultural lands upon which agricultural operations have been continuing for more than
one (1) year prior to the date of recordation of this Declaration. In accordance with
applicable Colorado law, no such agricultural operations shall be deemed a private or public
nuisance by reasons of development of the Property or any other changed condition in or
about the vicinity of the agricultural operation, except in the case of (a) the negligent
operation of the agricultural use, (b) a change of the agricultural operation which would
result in a private or public nuisance, or (c) upon a substantial increase in the size of the
agricultural operation.
4 COMMON ELEMENTS
4.1 Use and Enjoyment of Common Elements. Except as otherwise provided in this
Declaration, each Owner shall have the non-exclusive right to use and enjoy the Common
Elements in common with all other Owners for all purposes for which such Common
Elements were established, and as required for purposes of access and ingress to and
egress from Owner's Lot or Common Elements available for the Owner's use. This right
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to use and enjoy the Common Elements shall extend to each Owner and Occupant and shall
be appurtenant to each Lot, subject at all times to the provisions of this Declaration (including
Declarant's reserved rights hereunder), the Articles, Bylaws and Rules and Regulations. No
Owner or Occupant shall place any structure upon the Common Elements, nor shall any Owner
or Occupant engage in any activity which will temporarily or permanently impair free and
unobstructed access to all parts of the Common Elements by all Owners.
4.2 Association Regulation of Use of Common Elements. The Association, acting through the
Executive Board, shall have the right and authority to regulate the use of the Common Elements
by the promulgation, enforcement and interpretation from time to time of such Rules and Regulations
as the Association considers necessary or appropriate for the protection and preservation of the
Common Elements and the enhancement of the use and enjoyment thereof by the Owners and
Occupants. Such Rules and Regulations may include, without limitation, restrictions on uses of the
Common Elements for environmental preservation purposes such as protection and enhancement
of wildlife corridors, winter wildlife ranges and natural wildlife habitat. The Association, acting
through the Executive Board, may suspend the right of any Member not in good standing to use
and enjoy the Common Elements. A "Member Not in Good Standing" means a Member who is
delinquent in the payment of Assessments or is in violation of the terms and provisions of this
Declaration, the Articles, Bylaws, Rules and Regulations or the terms and provisions of any approvals
granted by the Development Review Committee.
4.3 Association to Operate and Maintain Common Elements. The Association shall operate and
maintain the Common Elements in good condition and shall repair and replace as necessary,
roads, gravel pedestrian trail, the domestic water system, irrigation facilities, drainage structures
and other Improvements on the Common Elements. The Association shall construct, alter and
remove such Improvements and landscaping upon the Common Elements as the Association
in its discretion considers necessary, desirable or appropriate from time to time, and shall do all
such other and further acts which the Executive Board deems necessary or appropriate to
preserve, protect and enhance the Common Elements in accordance with the general objectives
for the Planned Community as reflected in this Declaration. The Association shall adopt and
implement effective control and management of noxious weeds which appear on the Common
Elements.
4.4 No Partition of Common Elements. No Owner or other Person shall have any right to partition
or to seek the partition of the Common Elements or any part thereof.
4.5 Owner Liability for Owner or Occupant Damage to Common Elements. Each Owner shall
be liable to the Association for any damage to Common Elements or for any expense, loss or
liability suffered or incurred by the Association in connection with the Common Elements arising from
(a) the negligence or willful misconduct of such Owner or of any Occupant of such Owner, or (b)
any violation by such Owner or any Occupant of such Owner of any law, regulation, or code,
including without limitation any environmental law, or of any provisions of this Declaration or the Rules
and Regulations relating to the Common Elements. Each Owner shall indemnify, defend and hold
the Association harmless from any loss, damage, expense or liability arising from the
circumstances described in subparts (a) or (b) immediately above. The Association shall have
the power to levy and collect a Default Assessment against an Owner to recover the costs,
9
expenses, damages, losses or liabilities incurred by the Association as a consequence of any
such negligence, willful misconduct or violation.
4.6 Damage or Destruction to Common Elements. In the event of damage to or destruction
of the Common Elements, including Improvements thereon, by fire or other casualty, the
Association shall repair or replace the same in accordance with the provisions of this
Declaration.
4.7 Condemnation of Common Elements. If any Common Elements or part thereof or interest
therein is taken under exercise of the power of eminent domain or by purchase in lieu thereof,
the portion of any award in condemnation or the price payable for the deed in lieu that is
attributable to the Common Elements taken or purchased shall be paid to the Association. The
Association shall have the exclusive right to participate in such condemnation proceedings and to
represent the interests of all Owners and other interested Persons therein. Any award or funds
received by the Association shall be held by the Association as a reserve for future
maintenance, repair, reconstruction, or replacement of Common Elements or may be used for
Improvements or additions to or operation of Common Elements or for such other uses as may be
deemed appropriate by the Executive Board. Except as may otherwise be provided by the Act, no
Owner or other Person shall be entitled to participate as a party or otherwise in any
condemnation proceedings nor to receive any proceeds therefrom.
4.8 Title to Common Elements Upon Dissolution of Association. In the event of dissolution of
the Association, the Common Elements shall, to the extent permitted by law and reasonably
possible, be conveyed or transferred to an appropriate public, governmental or quasi governmental
agency or organization or to a nonprofit corporation, association, trust, or other organization, to be
used, in any such event, for the common benefit of Owners for the purposes for which the Common
Elements were held by the Association. If the foregoing is not possible, the Common Elements shall
be sold or disposed of and the proceeds from the sale or disposition shall be distributed to Owners
in proportion to each Owner's allocated interest in the Common Expenses of the Association.
4.9 Mechanic's Liens on Common Elements. Declarant shall be responsible for the release of
mechanics' liens filed with respect to Common Elements, or any part thereof, if such liens arise
from labor performed or materials furnished at the insistence of Declarant, its agents,
contractors or subcontractors during the Declarant’s control of the Planned Community.
Likewise, the Association shall be responsible for the release of mechanics' liens filed with respect to
Common Elements, or any part thereof, if such liens arise from labor performed or materials
furnished at the insistence of the Association, its directors, officers, agents, contractors or
subcontractors. No labor performed or materials furnished with respect to a Lot at the insistence
of the Owner shall be the basis for filing a lien against the Common Elements and each Member
shall be responsible for the release of any mechanics’ lien filed due to Member’s nonpayment
with respect to the Common Elements. No labor performed or materials furnished with respect
to the Common Elements at the insistence of the Executive Board shall be the basis for filing a lien
against any Lot.
4.10 Reservation of Excess Capacity in Water System. To the maximum extent and duration
permitted by law, Declarant reserves the right to use excess capacity of the water system, water
and water rights, well and well rights, ditch and ditch rights, pumps, tanks, pipelines and other
10
equipment, fixtures and water supply facilities necessary for the exercise of any existing or
subsequently decreed water rights or augmentation plans together with any easements necessary
for the utilization of the same and to add to such water system or water rights as Declarant deems
appropriate, to amend or change any water court decree, and to substitute water source or
amount of water in any water right as may be subsequently decreed. The utilization of such excess
capacity shall be limited to the Property, including without limitation agricultural operations of
Declarant.
5. EASEMENTS
5.1 Recorded Easements. The Property shall be subject to all easements shown on the Plat
and to any other easements of record as of the date of the recordation of this Declaration.
5.2 Owner's Easements. Each Owner shall have an easement of enjoyment in the Common
Elements, subject to the limitations set forth in this Declaration, which shall be appurtenant to and
shall pass with the title to each Lot, including the right of access to and from such Owner's
Lot.
5.3 Emergency Access Easement. A general easement is hereby granted to all police,
sheriff, fire protection, ambulance and all other similar emergency agencies or persons to enter
upon the Property in the proper performance of their duties.
5.4 Utility Easements. Declarant reserves to Declarant and hereby grants to the Association
general non-exclusive easements upon, across, over, in and under the Common Elements and
those portions of Lots not contained within a Building Envelope. Such easements may be used
for ingress and egress and for installation, construction, replacement, repair and maintenance of all
utilities, including but not limited to water, sewer, gas, telephone, television and electrical systems. By
virtue of this Easement it shall be expressly permissible and proper for the companies providing
electrical, telephone and other communication services to install and maintain necessary
electrical, communications and telephone wires, circuits, and conduits in any easement. No utility
shall be installed or relocated on the surface of any Lot, except for necessary surface facilities.
Such utilities may be installed temporarily above ground during construction. Any utility company
using this general utility easement shall use its best efforts to install and maintain the utilities
provided for without disturbing the uses of the Owners, the Association and Declarant; shall pursue
its installation and maintenance activities as promptly and expeditiously as possible; and shall
restore the surface to its original condition when possible after completion of its work. Should
any utility company furnishing a service covered by this general easement request a specific
easement by separate recordable document, either Declarant or the Association shall have, and
are hereby given, the right and authority to grant such easement upon, across, over or under
any part of the Property without conflicting with the terms of this Declaration. This general utility
easement shall in no way affect, avoid, extinguish or modify any other recorded easement on
the Property. All service connections to (including transformers) primary utility lines serving each
Lot shall be the responsibility of the Owner.
5.5 Easements for Incidental Encroachments. If any portion of an Improvement constructed
within the Common Elements (for example, any portion of a road) encroaches on any Lot,
including any future encroachments arising or resulting from the repair or reconstruction of an
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Improvement, a valid easement on the surface and for subsurface support below such surface and
for the maintenance of same, so long as it stands, shall and does exist for such incidental
encroachment.
5.6 Maintenance Easement. A maintenance easement is hereby reserved to Declarant and
granted to the Association upon, across, over, in and under the Property and a right to make such
use of the Property as may be necessary or appropriate to make emergency repairs or to
perform the duties and functions which the Association is obligated or permitted to perform
pursuant to this Declaration or the Act, including the right to enter upon any Lot for the purpose of
performing maintenance or repair of any utility service, including without limitation, any actions in
respect to the water distribution system. Reasonable efforts shall be made to use this
maintenance easement so as to minimize the disturbance of any affected Owner by prosecuting
any necessary work promptly and expeditiously, limiting interference with existing Improvements;
and restoring any affected areas to the condition existing before the work as soon as possible
following such work
5.7 Drainage Easement. A drainage easement is reserved to Declarant and granted to the
Association, its officers, agents, employees, successors and assigns to enter upon, across, over,
in and under any portion of the Property for changing, correcting or otherwise modifying any
existing drainage channels on the Property to protect the historic drainage pattern of water.
5.8 Construction Easement. A construction easement is reserved to Declarant for
construction purposes on the Common Elements including, without limitation, the right of traverse
and storage of materials and equipment, as may be necessary or incidental to the construction
of Improvements on the Property.
5.9 Easements Deemed Created. All conveyances of any part of the Property made after the
date of this Declaration, whether by Declarant or otherwise, shall be construed to grant and
reserve the easements contained in this Article though no specific reference to such easements
or to this Declaration appears in the instrument for such conveyance.
6. THE ASSOCIATION
6.1 Association. The Association has been formed as a Colorado nonprofit corporation under the
Colorado Nonprofit Corporation Act to manage the affairs of the Planned Community. The
Association shall serve as the governing body for all of the Owners for the protection, improvement,
alteration, maintenance, repair, replacement, administration and operation of the Common
Elements, the levying and collection of Assessments for Common Expenses, and such other matters
as may be provided in this Declaration, the Articles, Bylaws, and Rules and Regulations. The
Association shall not be deemed to be conducting a business of any kind, and all funds received by
the Association shall be held and applied by it for the Owners in accordance with the provisions of
this Declaration, the Articles and the Bylaws.
6.2 Association Executive Board. The affairs of the Association shall be managed by an
Executive Board. The number, term, and qualifications of the members of the Executive Board
shall be fixed in the Articles of Incorporation or the Bylaws.
6.3 Membership. Every Person, by virtue of being an Owner and while such Person is an
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Owner, shall be a member of the Association and shall remain a member for the period of the
Owner's ownership of a Lot. Membership shall be appurtenant to and may not be separated from
ownership of any Lot. No Owner, whether one or more Persons shall have more than one
membership per Lot owned, but all of the Persons owning a Lot shall be entitled to rights of
membership and use and enjoyment appurtenant to such ownership. Declarant shall hold a
membership in the Association for each Lot owned by Declarant.
6.4 Required Compliance. The benefits and burdens of membership in the Association
touch and concern the Property and shall be covenants running with each Lot for the benefit of
all other Lots. Each Owner shall adhere to and benefit from the obligations contained in the
Association's Articles, Bylaws, and Rules and Regulations.
6.5 Voting Rights of Members. Each Lot in the Planned Community shall be entitled to one (1)
vote in the Association.
6.6 Authority. The business affairs of the Planned Community shall be managed by the
Executive Board of the Association which shall be governed by the Association's Articles, Bylaws
and this Declaration, as the same may be amended from time to time. The Executive Board may
adopt, amend, supplement, suspend, repeal and otherwise promulgate Rules and Regulations for
the use of the Common Elements, easements, roads and access ways, central water system, and
general management, preservation, safety, control and orderly operation of the Planned
Community.
6.7 Powers. The Association shall have all of the powers, authority and duties necessary
to manage the business and affairs of the Planned Community and the Association, express or
implied, as permitted under applicable law including without limitation, the relevant provisions of
the Act as well as the Colorado Nonprofit Corporation Act, as such laws may be amended from
time to time, subject only to the limitations upon such powers as are contained in this Declaration.
More specifically, and without limiting the generality of the foregoing, the Association shall have all of
the powers and duties necessary (i) for the administration, maintenance, management, governance
and operation of the Planned Community and the Association and (ii) to own, operate, improve,
maintain, repair, manage, lease, encumber, and otherwise deal with the Common
Elements.
6.8 Obligations. The Association shall perform all duties and obligations expressly imposed
upon it by this Declaration, the Act and the Colorado Nonprofit Corporation Act or implied by an
express provision in this Declaration. The Association shall accept title to any real property,
including without limitation, water rights, as well as any Improvements and personal property
thereon including water systems and related facilities transferred to the Association by Declarant.
6.9 Water System. The Association shall own, operate and maintain the potable water supply
system for the Planned Community. Water service to each Lot shall be metered by devices
approved by the Association, which devices shall be installed and maintained at the sole cost of
the Owner. The Association shall establish potable water service rate schedules sufficient to
pay all costs and expenses of administering, operating, maintaining, improving and preserving
the central water system including all water rights associated therewith. The Association shall
have the power to charge and collect water service fees from Owners benefitted by such service.
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The Association shall adopt, supplement and amend Water Service Rules and Regulations for the
provision of potable water service to Owners, which shall include the power to terminate water
service to any Lot for nonpayment of all service charges. In addition, water service charges to a
Lot shall be a personal obligation of the affected Owner and treated as an Assessment under the
provisions of this Declaration. The Association shall comply with and, with respect to the Owners,
be empowered to enforce all regulations promulgated by the Colorado Department of Public
Health and Environment and any other governmental agency having jurisdiction over the water
supply system, including without limitation, the prevention all of hazardous cross connections.
Each Lot shall be limited to not more than 2,500 square feet of outside lawn and garden irrigated
area.
6.10 Well Monitoring. The Association shall participate with other land owners in the Spring
Valley area in a ground water monitoring program to monitor water levels in the Spring Valley
Aquifer, as described in the Memorandum dated December 6, 2000, authored by Anne Castle
and Chris Thome of Holland & Hart, a copy of which is available at the Association's offices.
6.11 Limited Liability. The Association, the members of the Executive Board, members of the
Development Review Committee and the Association's officers shall not be liable to any Owner
or Occupant or to any other Person for any act or omission except for wanton and willful acts
or omissions.
6.12 Declarant Control. Declarant shall have all the powers reserved in Section 38-33.3-
303(5) of the Act to appoint and remove officers and members of the Executive Board to the full
extent and for the maximum period of time stated in the Act.
7. ASSESSMENTS
7.1 Assessments. The Association shall levy annual, special and default assessments
("Assessments") pursuant to this Declaration for the purpose of payment of Common
Expenses.
7.2 Annual Assessments. The Association shall levy Annual Assessments based upon the
budget of the Association's anticipated cash requirements for Common Expenses of the Planned
Community as required by the Act and this Declaration for the coming fiscal year.
7.3 Apportionment of Assessments. The total annual Assessments for any fiscal year of the
Association shall be determined based on the allocated interests subject to: (a) any Common
Expenses which are separately metered or are assessed to the Lots by third parties, (b) Common
Expenses or portions thereof benefitting fewer than all of the Lots which shall be assessed
exclusively against the Lots benefitted, (c) any increased cost of insurance based upon risk which
shall be assessed to Lots in proportion to the risk, and (d) any Common Expense caused by the
misconduct of any Owner, which may be assessed exclusively (or on such other equitable basis as
the Executive Board shall determine) against such Owner. All such allocations of Common
Expense Liability to Lots allocated interests shall be made in writing by the Executive Board.
Assessments for affordable housing units shall be prorated as compared to assessments
owed by market rate Lot Owners. Assessments for affordable housing units shall be
prorated by either average lot size or average unit size in comparison to market rate lots
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and/or units, whichever results in the lower cost for the affordable units, or by a formula
proposed by the applicant and approved by the Garfield County Housing Authority and
the Garfield County Board of County Commissioners. If a prorated assessment is not
possible, then the assessments for affordable housing units shall be a maximum of 75
percent of the assessments owed by market rate unit owners.
7.4 Special Assessments. In addition to the annual Assessments authorized above, the
Executive Board may, at any time and from time to time, levy and assess in any fiscal year a special
Assessment for the purpose of defraying, in whole or in part, unbudgeted costs, fees and
expenses of any construction, reconstruction, repair, removal, replacement, renovation or other
maintenance of the Common Elements in the Planned Community. Amounts levied and assessed
pursuant to this Section shall be assessed to the Lots in the proportions set forth above.
7.5 Default Assessments. All costs of enforcement of this Declaration which costs are incurred
with respect to an Owner or any other expense of the Association which is the obligation of an
Owner pursuant to this Declaration shall become a default Assessment assessed against the
Owner's Lot. Notice of the amount and demand for payment of such default Assessment shall be
sent in writing to the Owner prior to enforcing any remedies for nonpayment hereunder.
7.6 Payment of Assessments. Until the Association makes an Assessment for Common
Expenses, Declarant shall pay all Common Expenses. After an Assessment has been made
by the Association and unless otherwise determined by the Executive Board, Annual
Assessments shall be payable in monthly installments equal to 1/12 of the then current
Assessment, without notice and shall be due on the first day of each month at the office of the
Association. Default Assessments shall be due in full ten (10) days after notice is given to the
Owner of the amount owed.
7.7 Creation of Association Lien and Personal Obligation to Pay Assessments.
Declarant, for each Lot, hereby covenants, and each Owner of any Lot, by acceptance of
a deed therefor, whether or not it shall be so expressed in any such deed, are deemed to
covenant and agree to pay to the Association Assessments applicable to the Lot. Such
Assessments, as well as any fees, charges, late charges, attorney fees, fines and interest
charged by the Association shall be the personal obligation of the Owner as of the time
when the Assessment or other charges became or fell due. Two or more Owners of a Lot
shall be jointly and severally liable for such obligations. The personal obligation to pay
any past due sums due the Association shall not pass to a successor in title unless
expressly assumed by the successor. By acceptance of the deed or other instrument of
transfer of a Lot, each Owner irrevocably waives the homestead exemption provided by
C.R.S. 38-41-201 et seq., as amended. Each Assessment shall be a continuing lien upon
the Lot against which such Assessment is made, with or without the actual recording of a
lien. A lien under this Section is prior to all other liens and encumbrances on a Lot except:
(a) liens and encumbrances recorded before the recordation of this Declaration; (b) a
security interest on the Lot which has priority over all other security interests on the Lot
and which was recorded before the date on which the Assessment sought to be enforced
became delinquent; and (c) liens for real estate taxes and other governmental
assessments or charges against the Lot. This Section shall not prohibit any civil action
to recover sums for which this Section creates a lien or prohibit the Association from
15
taking a deed in lieu of foreclosure. Sale or transfer of a Lot shall not affect the
Association's lien thereon, except that sale or transfer of a Lot pursuant to foreclosure of
any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of
foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien as
provided in the Act. No such sale, transfer, foreclosure, nor cancellation or forfeiture shall
relieve a Lot from continuing liability for any Assessments thereafter becoming due, nor
from the lien thereof.
7.8 Effect of Non-Payment of Assessments. If any installment of an Assessment is
not be paid within ten (10) days after it becomes due and payable, the Executive Board
may assess a late charge of up to five percent (5%) of each past due installment, default
interest (not to exceed the rate allowed by the Act) or such other charges as the Executive
Board may fix by rule from time to time to defray extra expenses incurred in handling a
delinquent Assessment installment. Further, the Association may bring an action at law
or in equity, or both, against any Owner personally obligated to pay such overdue
assessments, charges or fees, or monthly or other installments thereof, and may also
proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the
Association against an Owner to recover a money judgment for unpaid assessments,
charges or fees, or monthly or other installments thereof, may be commenced and
pursued by the Association without foreclosing, or in any way waiving, the Association's
lien.
7.9 Open Space and Wildlife Conservation Fund. Included in the Annual Assessments
to be made beginning with the first Owner of each Lot (other than Declarant), an Open
Space and Wildlife Conservation fee shall be assessed. The initial fee shall be $5.00 per
month per Lot. Such fee shall be subject to increase on annual basis based on the
increase in the consumer price index. The Open Space and Wildlife Conservation Fund
shall be deposited in a separate interest-bearing account and administered by the
Executive Board. The Open Space and Wildlife Conservation Fund shall be used solely
for the conservation, preservation and enhancement of wildlife habitat on the Property
and in the general vicinity of the Property which could include planting native vegetation
species around ponds, improving wildlife migration corridors and enhancing open space
areas for wildlife on the Property or in the Spring Valley area in consultation with the
Colorado Parks and Wildlife and other available consultants.
7.10 Working Fund. The Association or Declarant shall require the first Owner of each Lot
(other than Declarant) to make a nonrefundable payment to the Association in an amount equal
to $100200.00, which sum shall be held, without interest, by the Association as a "working
fund.” The working fund shall be collected and transferred to the Association at the time of
closing of each sale by Declarant of each Lot. The working fund may be used from time to time
by the Executive Board for any Association purpose and thereafter replenished by inclusion in
the next annual Assessment. Such payment shall not be considered an advance payment of
annual Assessments and shall not relieve an Owner from making regular payments of the
Assessments when due.
8. PROPERTY USE RESTRICTIONS
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8.1 General Restriction. Except for the Agricultural Preserve, the The Planned Community shall
be used only for the private residential dwelling purposes in conformance with this Declaration and
subject to the applicable rules and regulations of all governmental authorities having jurisdiction.
The Agricultural Preserve may be used for any agricultural activity allowed under applicable
governmental laws, rules and regulations.
8.2 Limited Business Activities. Subject to all applicable governmental regulations, and in
addition to residential purposes, in-home business activities or occupations not involving the
provision of on site services for customers or use of employees on site (other than Owners) shall be
allowed, provided such activities: (i) are conducted solely within the Lot, (ii) do not materially
increase motor vehicle traffic on the Property, (iii) do not create any external indication of an in-
home business, and (iv) do not generate any noise, smoke, dust, odors, heat or other offensive or
noxious emanations on the Property. Notwithstanding the foregoing, business activities
associated with the sale of Lots shall be allowed.
8.3 Construction and Alteration of Improvements. No Improvements in the Planned Community
shall be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any
construction, repair or reconstruction be commenced until plans for such Improvement shall
have been approved by the Association through the Development Review Committee as
provided in this Declaration.
8.4 Compliance with Laws. Subject to the rights of reasonable contest, each Owner shall
promptly comply with the provisions of all applicable laws, regulations and ordinances with
respect to the Property including, without limitation, all applicable environmental laws and
regulations.
8.5 Nuisance. No obnoxious or offensive activity shall be carried on within the Property,
and nothing shall be done or permitted which shall constitute a private or public nuisance.
8.6 No Hazardous or Unsafe Activities. No activity shall be conducted on the Property, and
no Improvement shall be constructed on any Lot which is or may be unsafe or hazardous to any
Person or property.
8.7 Prohibition of Increases in Insurable Risks. Nothing shall be done or kept on the Property or
on any Lot which would result in the cancellation or reduction of insurance on all or any part of
the Property or in an increase in the cost of such insurance, but for such activity, without the prior
written approval of the Association.
8.8 Prohibition against Damage or Waste. No damage to or waste of the Property including
any portion of the Common Elements shall be committed by any Owner or Occupant. Each Owner
hereby agrees to indemnify and hold the Association and the other Owners harmless against any
damage or waste caused by such Owner and agrees to pay for or reimburse the Association for
any and all costs and expenses resulting from any damage or waste caused by an Owner,
Occupants or pets.
8.9 Vehicles. Not more than four (4) motor vehicles may be kept on each Lot. Each vehicle
17
shall be registered with the Association by type, year, color, license number and such other
identification as is appropriate. No commercial vehicles, trucks, trail bikes, recreational vehicles,
motor homes, motor coaches, snowmobiles, campers, trailers, boats or boat trailers, or similar
vehicles (other than passenger automobiles or pickup or utility trucks with a capacity of one ton or
less) or any other vehicles shall be parked, stored, or in any manner kept or placed on any portion
of the Property which vehicles are visible from a street or any other Lot except for vehicles which
are kept in an enclosed garage or screened enclosure. This restriction, however, shall not be
deemed to prohibit occasional parking of vehicles on driveways or commercial and construction
vehicles, in the ordinary course of business, from making deliveries or otherwise providing service
to the Property or for approved construction by Declarant or Owners. No trail bikes, four
wheelers, snowmobiles, other similar recreational vehicles, automobiles, pickups, utility trucks or
any other vehicles shall be operated on any portion of the Property except for travel to and from
a Lot to another location in a nonrepetitive fashion.
8.10 Obstructions. No person shall obstruct or interfere with the free use of any easement,
roadway, walkway, drainage structure, utility, the common water system or other Common
Elements, except as may be reasonably required for repairs and maintenance. The Association shall
promptly take such action as may be necessary to abate or enjoin any interference with or
obstruction of any easement or Common Element. The Association shall have a right of entry on
any part of the Property for the purposes of enforcing this Section. Any costs incurred by the
Association in connection with such enforcement shall be assessed to the persons responsible for
the interference.
8.11 No Firearms or Hunting. Except for animal control measures, the discharge of firearms
on any part of the Planned Community is expressly prohibited. Hunting on any part of the Planned
Community (including Lots) is expressly prohibited.
8.12 Service Facilities. All clothes lines, storage tanks, equipment, service yards and similar
service facilities shall be screened by adequate plantings or fencing so as to conceal same from
other Lots and streets and roads.
8.13 Maintenance of Landscaping. Each Owner shall keep the landscaping situate on such
Owner's Lot in a neat and well-maintained fashion, shall properly irrigate the lawns and other
planting on such Lot and shall otherwise maintain the appearance of such Lot in a first class
condition.
8.14 Natural Vegetation Preservation. All Improvements within the Planned Community shall be
located, designed, and constructed so as to preserve and protect trees, plants and natural shrubs,
including Harrington’s penstemon which is on the Garfield County endangered plant list. In order to
conserve the natural beauty of the area, no existing trees, plants or natural shrubs (e.g., cedar, pinon
or gamble oak) may be removed or trimmed except with the prior written approval of the
Development Review Committee. This restriction shall not apply to essential clearing of a Lot in
connection with the construction of a residence (but not other Improvements) within the Building
Envelope within a Lot, provided the prior written approval of the Development Review Committee
has been obtained. Any violation of this Section shall subject the offending Owner to such penalties,
fines and/or other conditions as the Development Review Committee considers appropriate,
including without limitation the withdrawal or modification of previously granted development
18
approvals, or the requirement that replacement trees, plants or shrubs of equivalent or different size
and type be planted and maintained by the Owner. Any construction, reconstruction or additions of
an Improvement, or modification of a Building Envelope, shall be conditioned upon identifying the
existence of Harrington’s penstemon and any other endangered vegetation. Owners shall be
required to receive a statement of compliance with this section from the Development Review
Committee prior to any construction of Improvements.
8.15 Animals and Pets. No animal, livestock or poultry of any kind shall be kept, raised or bred
on any Lot, except that not more than (2) dogs and two (2) cats, and other typical small
household pets, such as birds and fish, shall be allowed. The Association shall be empowered
to adopt animal control rules and regulations. Nothing contained in this Declaration or in any
adopted rules and regulations shall limit the power of the Association with respect to animal control
including the right to determine that a particular animal is a nuisance and the right to require
its removal from the Planned Community. The following special requirements shall apply to
any dog permitted on any Lot:
8.15.1 Each dog shall be kept under the control of the Owner and on a leash at all
times when outside a fenced area or structure and shall not be permitted to
run free or to cause a nuisance on the Property. Pets shall be fed
inside an Improvement at all times.
8.15.2 No dog shall be allowed to bark excessively, which is defined as barking
more or less continuously during any fifteen (15) minute period not including
any momentary cessations.
8.15.3 Each dog shall be leashed, kept in a humane kennel or run at all times or
adequately restrained by an electronic barrier device. Metal chain link
fencing will be allowed for the purposes of kenneling a dog. The location and
style of each kennel or run shall be subject to review by the Development
Review Committee and shall not be in a location that any Harrington’s
penstemon has been mapped. If the penstemon has been found, the
location of the kennel or run shall be altered in order to avoid the
penstemon. A kennel or run shall be installed prior to issuance of a
Certificate of Occupancy for any Lot if the Owner possesses a dog at such
time and, in any event, prior to the introduction of a dog on any Lot.
8.15.4 All Owners shall keep dogs reasonably clean and free of disease and each
Lot shall be kept free of animal waste.
8.15.5 Should any dog chase or molest deer, elk, poultry or any domestic animals
or persons, or destroy or disturb property of another, the Association may
prohibit the Owner from continuing to keep the offending dog on such
Owner's Lot. If necessary, to protect wildlife or other Owners' domestic
animals, persons or property, the Association may take additional steps,
including the destruction of the offending dog. Except in an emergency or as
provided by law, the owner of an offending dog shall be provided written
notice of such action at least five (5) days before disposal occurs. Such
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notice shall be posted on the front door of the residence of the Owner of the
offending dog. Within such five (5) day period, the offending dog may be
kenneled at a licensed kennel with all costs incurred by the Association
assessed against the Owner.
8.15.6 The Association shall assess and enforce penalties against Owners violating
the restrictions applying to dogs as follows: One Hundred Dollars ($100.00)
for the first violation. The fine shall be increased by One Hundred Dollars
($100.00) for each succeeding violation. In addition, the Association may
impose fees for dog registration or other dog control services, impose
regulations regarding the keeping of dogs on any Lot, and levy fines against
Owners who violate this covenant or any of the regulations promulgated
hereunder or subsequently by the Association. The schedule of fees and
fines established shall be sufficient to recover all of the costs of this animal
control program on an annualized basis.
8.16 Signs. No signs of any kind shall be displayed to the public view on or from any portion
of the Property except those signs approved by the Executive Board, ordinary real estate signs,
business signs of Declarant or its affiliates, or signs required or allowed by law.
8.17 Solid Waste. No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown,
dumped or otherwise accumulated on the Property. There shall be no burning of refuse. Each
Owner shall use the central receptacles for the temporary storage and collection of solid waste,
which shall be screened from public view and protected from wind, animals and other
disturbances. Each Lot shall be kept in a sanitary condition, free of offensive odors, rodent and
insect infestations at the Owner's sole cost. Composting is restricted to yard waste (i.e.,
leaves and grass clippings). Food waste shall be prohibited within the compost.
8.18 Outside Burning. There shall be no exterior fires, except for barbecues, outside fireplaces
and braziers. No Owner shall allow any condition upon such Owner's Lot which creates a fire
hazard or violates fire prevention regulations.
8.19 Dust Control. The Association shall control dust on the private roads in the Planned
Community. Owners shall be responsible for ongoing dust control of their private driveways. All
roads and driveways within the Planned Community shall be monitored by the Association to
achieve minimal dust pollution. Roads and driveways shall be treated as necessary with
magnesium chloride or other dust suppressants approved by the Garfield County Environmental
Health Department. The Association shall have the right to treat private driveways and charge
the responsible Owner, if the Owner fails to fulfill Owner's responsibility for individual dust
control.
8.20 Noise. No exterior horns, whistles, bells or other sound devices, except security devices
approved in writing by the Executive Board, shall be placed or used on any portion of the Property.
Owners shall not allow any noise or disturbance on their respective Lots which is offensive,
disturbing or otherwise detrimental to any other person.
8.21 Odor. No odor shall be emitted from any Lot which is noxious or unreasonably offensive
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to others.
8.22 Lighting. All exterior lighting installed or maintained on any Lot shall be placed so that the
light source is screened or shielded from the residence on any other Lot. No light shall be emitted
from any Lot which is unreasonably bright or causes unreasonable glare. Without limiting the
generality of the foregoing, no spotlights, floodlights or other high-intensity lights shall be
permitted within the Planned Community without the prior written approval of the
Development Review Committee. The Development Guidelines may contain standards for exterior
lighting including, without limitation, standards for hue and intensity.
8.23 Wells. No well from which water, oil, or gas is produced shall be dug, nor shall storage
tanks, reservoirs, or any installation of power, telephone, or other utility lines (wires, pipe, or conduit)
be made or operated anywhere on the Property except in connection with water wells and works
installed by Declarant or the Association.
8.24 Minerals. No portion of the Property shall be used for the exploration, extraction or storage
of oil, gas, minerals, sand, gravel, rock, earth or other materials.
8.25 Excavation or Fill. No excavation or fill shall be made except in connection with
Improvements approved as provided in this Declaration. For purposes of this Section,
"excavation" shall mean any disturbance of the surface of the land (except to the extent reasonably
necessary for approved landscape planting) which results in a removal of earth, rock or other
substance a depth of more than 18 inches below the natural surface of the land. For the purposes of
this Section, "fill" shall mean any importation and placement of earth, rock or other substance a
height of more than eighteen inches (18") above the natural surface of the land.
8.26 Drainage and Erosion Control. No Owner shall do or permit any work, construct any
Improvements, place any landscaping or suffer the existence of any condition whatsoever which
shall alter or interfere with the drainage pattern for the Property, or cause any discharge onto any
adjacent property, except to the extent such alteration and drainage pattern is approved in writing
by the Association and any other affected Owner. The surface of the Property, including all
Lots, shall be maintained in a condition which will minimize the risk of soil erosion.
8.27 Vegetation and Noxious Weed Control and Management. The Association and each Owner
shall implement and follow a long-term program for noxious weed control of any plant species
included on the Garfield County Noxious Weed List, as the same may be revised from time to time.
Assistance in the development and implementation of a weed management program will by be
sought through the Colorado State University Cooperative Extension Service and from the
Garfield County Office of Vegetation Management. Initially the Association shall implement and
follow the Vegetation Management Plan on file in the Garfield County Planning Department with the
Subdivision Application for the Planned Community. The weed control and vegetation management
plan shall include the following components:
8.27.1 Prevention and Control. The quick revegetation of disturbed areas with
weed free grass seed and the maintenance of native or introduced vegetation
in a healthy, vigorous condition producing optimum vegetative densities
leaving noxious weeds little opportunity to establish.
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8.27.2 Inventory. Each Lot shall be inspected to identify any infestations of
noxious weeds. An accurate record shall be kept of the application and
success of weed infestation eradication efforts.
8.27.3 Eradication. Elimination of noxious weeds by:
8.27.3.1 Mechanical Controls to physically remove the entire weed plant
or eliminate the plant's ability to produce seed;
8.27.3.2 Biological Controls relying on organisms (insects or plant
pathogens) to interfere with weed growth; and
8.27.3.3 Chemical Controls using herbicides to eliminate weeds with
special care used to avoid damage to desirable plant species and
to avoid contamination of ground water.
8.27.4 Owner Responsibility. Each Owner shall implement a weed
management program within the Owner's Lot and adhere to the
Colorado Noxious Weed Act (C.R.S. § 35-5-102) and the Garfield
County Weed Management Plan to manage any noxious weeds. In the
event an Owner fails to effectively control noxious weeds on a Lot, the
Association shall have the right to enter upon any Lot and conduct a
weed control program within the area of such Lot.
8.28 Wildlife Protection Restrictions. In order to preserve, protect and promote the well being of
existing wildlife as well as enhance wildlife habitat on the Property:
8.28.1 No tree or vegetation removal shall be permitted within the Common
Elements except as may be necessary, in the determination of the
Association, to remove a dangerous condition or to control an invasive
species. No fruit bearing trees or shrubs shall be planted within the
Planned Community. Native vegetation shall be preserved to the
maximum extent possible.
8.28.2 The pet and animal restrictions set forth herein shall be rigorously enforced.
8.28.3 No Owner or Occupant shall accumulate or store trash or garbage on a Lot
outside of a residential structure unless such trash or garbage is contained
within a container certified as bear-proof by the North American Bear Society,
the National Park Service or Colorado Parks and Wildlife; provided, however,
that Owners may use trash or garbage containers which do not meet the
certifications above described so long as:
8.28.3.1 The containers are placed outside no earlier than one (1) hour
prior to the regularly scheduled time for trash collection by a waste
disposal service provider; and
8.28.3.2 The containers are returned to the interior of the residential
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structure no later than one (1) hour after trash collection by the
waste disposal service provider.
8.28.4 No Owner or Occupant shall feed, bait, salt or utilize any other means or
artifice to attract wildlife to a Lot or the Property. This limitation shall not apply
to bird feeders or bird houses which may be located and utilized within the
Property.
8.28.5 The Association and Owners may restrict wildlife from landscaping and other
isolated sensitive areas by using temporary fencing and other passive means
which will not unreasonably restrict the general movement of wildlife within
the Property.
8.28.6 No Owner or Occupant may chase, scare, disturb, haze, worry or use any
other form of harassment to drive or coerce big game (such as deer and elk)
off of the Common Elements.
8.28.7 The Association and all Owners hereby waive, release and shall hold the
Colorado Parks and Wildlife harmless from, any and all claims for damages
to landscaping improvements or ornamental plants located on the Lots or
Common Elements resulting from the activities of big game such as deer and
elk.
8.28.8 The Association and any affected Owner shall be responsible for the removal
and proper disposal of all large animal carcasses found upon the Common
Elements or Lots, as may be appropriate.
8.28.9 Wildlife Impact Management Recommendations. In order to
minimize the impact of the Planned Community on exiting wildlife and
wildlife habitat, the Planned Community shall conform with the
Wildlife Impact Minimization Recommendations contained in the
Ecological Impact Report on file with the registered agent of the
Association and submitted with the 2025 application for Preliminary
Plan Review to the Garfield County Building and Planning
Department.
8.29 Geotechnical Restrictions. Site specific studies shall be conducted for individual lot
development. The need for site specific studies shall be disclosed on the plat in the
form of a plat note. Those recommendations include the following:
8.29.1 Prospective building owners should be made aware of the potential low risk
of evaporate deformation. If the low risk is not acceptable to building owners,
it can be reduced by the use of heavily reinforced foundation system
preferably without a basement.
8.29.2 It is recommended that Improvements not be located within 50 feet of the
mapped fault trace identified in Figure 1 of the HP Geotech report dated
January 15, 2010 on file in the office of the registered agent of the
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Association.
8.29.3 It is recommended that additional subsurface exploration be made in these
areas to evaluate the engineering characteristics of the lake deposits.
These areas include Lots 6, 7, and 8 of Block 2 and 200 feet of the
western most portion of Lake Springs Road.
8.29.4 The recommended foundation system will depend on the site-specific
expansion potential. Also, a structural floor system over a crawlspace may
be warranted depending on the expansion potential at a specific building site.
A site-specific foundation study by the individual Lot Owners should be
conducted for design level recommendations.
8.29.5 More extensive grading should be evaluated on a site-specific basis. As
previously recommended, cut and fill should not exceed 10 feet deep and cut
and fill slopes should be 2: 1 (horizontal to vertical) or flatter. The
proposed grading plans, when available, shall be reviewed a geologist, civil
engineer or other applicable profession to determine if additional
subsurface exploration and analysis are needed.
8.29.6 Any channel crossing should be designed for the appropriate flood discharge
and include provisions for a high sediment concentration flooding. Hydrologic
analysis in these areas should also consider flood flow velocities and the
need for channel erosion stabilization to protect the Lots
8.29.7 Occupied structures should be designed to withstand moderately strong
ground shaking with little or no damage and not to collapse under stronger
ground shaking. The region is in the Uniform Building Code, Seismic Risk
Zone 1.
8.30 Wildfire Prevention. In order to protect the Planned Community from the hazards
of wildfires, the Planned Community shall conform with the Wildfire Hazard Review on file
with the registered agent of the Association and submitted with the application for
subdivision submitted to the Garfield County Building and Planning Department regarding
defensible space, access, water supply, roofing materials, vents and roof lines, and
maintenance requirements, and measures to be implemented during construction . When
implementing a plan to reduce flammable material around structures in an area where
Harrington’s penstemon exists, Owner must avoid removing or trampling the penstemon.
Owner shall submit proof of compliance to the Development Review Committee prior to
construction of any Improvement. All Improvements shall also be required to have state
approved fire sprinkler systems installed and shall submit proof of compliance to the
Development Review Committee.
8.31 Requirement for Pressure Reducer Valves. It has been determined that Lots 16,
17 and 18 of Block 3 1 shall be required to install individual water pressure reducing
valves. Lots 19, 20 and 27 through 37 of Block 5 3 shall be required to install individual
water pressure booster pumps.
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9. DEVELOPMENT REVIEW
9.1 Development Guidelines. The Association shall apply the Development Guidelines
when reviewing proposed Improvements on a Lot. The Development Guidelines shall not be
inconsistent with this Declaration, but shall more specifically define and describe the Development
standards for the Planned Community. The Development Guidelines may be modified or
amended from time to time by the Association to establish reasonable criteria, including,
without limitation, requirements relating to design, scale and color, as the Association may
deem appropriate in the interest of preserving the aesthetic standards of the Planned
Community. In addition, the Lake Springs Ranch Planned Unit Development PUD Guide (PUD
Guide), which is considered part of the Development Guidelines, may be amended pursuant to
approval by Garfield County in accordance with applicable standards and procedures of the
Garfield County Land Use and Development Code. Further, the Association, in its sole discretion,
may excuse compliance with the Development Guidelines that are not necessary or appropriate
in specific situations, provided that no aspect of the approved PUD Guide may be varied from
without prior approval of an amendment of the PUD Guide having been granted by Garfield
County in accordance with applicable standards and procedures of the Garfield County Land Use
and Development Code. Compliance with the Association's Development Review process shall
not be a substitute for compliance with applicable governmental building, zoning and subdivision
regulations. Each Owner shall be responsible for obtaining all approvals, licenses and
permits as may be required before commencing construction.
9.2 Development Review Committee. The Association shall have a Development Review
Committee, which shall consist of a minimum of three (3) members, each of whom shall either be
(i) a representative of Declarant, (ii) an Owner of a Lot in the Planned Community or (iii) a local
architect, landscape architect or engineer hired by the homeowner’s association to serve as a
design expert on the DRC. All members of the Development Review Committee shall be appointed
and removed from time to time by the Executive Board in its discretion. A member may be
removed by the Executive Board at any time upon written notice, without cause. Subject to the
three (3) member minimum, the Executive Board may increase or decrease the size of the
Development Review Committee from time to time in its discretion. The Executive Board may hire
or appoint a secretary for the Development Review Committee, and shall provide appropriate
compensation for any such secretarial services.
9.3 Meetings and Action of Development Review Committee. The Development Review
Committee shall meet from time to time as necessary to perform its duties hereunder. A majority of
the members of the Development Review Committee shall constitute a quorum of the Committee.
Actions of the Committee shall be taken at a meeting at which a quorum is present in person or
by proxy, by the vote of a majority of such members constituting the quorum, but in no event less
than two (2) members. The Development Review Committee shall report in writing to the
Executive Board all final actions of the Development Review Committee, and the Executive Board
shall keep a permanent record of such reported actions.
9.4 Pre-submission Conference. Every Owner proposing to make Improvements to a Lot shall
meet in a pre-submission conference with the Development Review Committee to discuss the
general nature and scope of the contemplated Improvements, the Development Guidelines and
the Committee's procedures prior to Owner's expenditure of significant design fees. The
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Development Review Committee shall give priority to the scheduling of such pre-submission
conferences. The Owner's design professional should, if possible, attend the pre-submission
conference.
9.5 Development Review. The Development Review Committee shall review, study and either
approve or reject proposed Improvements in the Planned Community, in compliance with this
Declaration and the Development Guidelines. Each application for Development Review shall
include such plans and specifications and other information as may reasonably be required by the
Development Review Committee. In any Development Review, the Development Review Committee
shall exercise its best judgment to see that all Improvements conform and harmonize with any
existing structures as to external design, quality and type of construction, materials, color, location
of Improvements, height, grade and finished ground elevation and all aesthetic considerations set
forth in this Declaration and in the Development Guidelines. The Development Review
Committee may avail itself of technical and professional advice as it deems appropriate. The
Development Review Committee shall make reasonable Rules and Regulations as it may deem
appropriate to govern in such proceedings. The Development Review Committee's exercise of
discretion in approval or disapproval of plans or with respect to any other matter before it, shall be
conclusive and binding on all parties.
9.6 Development Review Expenses. The Association shall have the right to recover the
reasonable costs and expenses of any technical and professional advice required to properly
consider the application from the Owner Applicant.
9.7 Decision of Committee. Any decision of the Development Review Committee shall be made
within forty-five (45) days after receipt by the Development Review Committee of all materials
and information required by the Development Review Committee, unless such time period is
extended by mutual written agreement. The decision shall be in writing and if the decision is not
to approve the proposed Improvements, the reasons therefor shall be stated. The decision
of the Development Review Committee shall be promptly transmitted to the Owner at the address
furnished by the Owner to the Development Review Committee. Any written request for approval
of proposed Improvements shall be deemed approved, unless written disapproval or a request for
additional information or materials is transmitted to the Owner by the Development Review
Committee within sixty (60) days after the date of receipt by the Development Review Committee
of all required materials and information, unless such time period is extended by mutual written
agreement.
9.8 Prosecution and Completion of Work After Approval. Following an approval of any proposed
Improvements by the Development Review Committee, the proposed Improvements shall be
completed by the Owner: (a) in compliance with the Development Guidelines and with all
applicable laws, regulations and codes, (b) in strict conformance with all plans and specifications
and other materials presented to and approved by the Development Review Committee; and (c) in
accordance with any and all conditions imposed by the Development Review Committee. All
Improvements approved by the Development Review Committee shall be completed, including
issuance of a Certificate of Occupancy and the removal of all construction equipment, materials
and debris within twenty-four (24) months from the date of approval of such Improvements by the
Development Review Committee, provided, however, that any and all landscaping approved by
the Development Review Committee which is related to the initial construction of a residence on a
26
Lot shall be completed no later than six (6) months immediately following the issuance of the
Certificate of Occupancy for such residence. Any member or agent of the Development Review
Committee or of the Executive Board, may, at any reasonable time enter, without being deemed
guilty of trespass, upon any Lot, after reasonable notice to the Owner, in order to inspect
Improvements constructed or being constructed on such Lot, to ascertain whether such
Improvements have been or are being built or changed in compliance with the Development
Guidelines, the approvals granted by the Development Review Committee, and this Declaration.
Failure to comply with the terms and conditions of this Section shall constitute noncompliance
with the terms and provisions of this Declaration and the Executive Board shall have the right to
invoke all rights and remedies available, including but not limited to, the imposition of fines and
penalties.
9.9 Limitation of Liability. The Association shall use reasonable judgment in accepting
or rejecting plans and specifications submitted to it for Development Review. Neither the
Association, Declarant, nor any officer, Executive Board member, Development Review
Committee member or individual Association member shall be liable to any person for any act of
the Association concerning submitted plans and specifications, except for wanton and willful acts.
Approval by the Association does not necessarily assure approval by any governmental authority
having jurisdiction. Notwithstanding Association approval of plans and specification, neither the
Association nor any of its members shall be responsible or liable to any Owner, developer or
contractor with respect to any loss, liability, claim or expenses which may arise because of
approval of the construction of the Improvements. Neither the Executive Board, the Development
Review Committee, the Association, nor Declarant, nor any of their employees, agents or
consultants shall be responsible in any way for any defects in any plans or specifications
submitted, revised or approved in accordance with the provisions of the Declaration, nor for any
structural or other defects in any work done according to such plans and specifications.
10. CONSTRUCTION AND ALTERATION OF IMPROVEMENTS
10.1 General. Subject to all applicable local laws, regulations and codes, the Development
Guidelines and the provisions set forth in this Declaration shall govern the right of an Owner to
construct, reconstruct, refinish, alter or maintain any Improvement upon, under or above any of
the Property, and to make or create any excavation or fill on the Property, or make any change
in the natural or existing surface contour or drainage, or install any utility line or conduit on or over
the Property. In order to protect the Harrington’s penstemon and other native vegetation,
all construction activity, storage of materials, fill and debris, parking of vehicles and
equipment shall occur within the building envelopes.
10.2 Approval Required. No Improvement in the Planned Community shall be erected, placed,
reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or
reconstruction be commenced until plans for such Improvement shall have been approved by the
Association; provided, however, that Improvements and alterations which are completely within a
structure may be undertaken without such approval.
10.3 Underground Utility Lines. With respect to the new construction of any Improvements
within the Planned Community or the extension of any utilities, all utility pipes or lines within the
limits of the Planned Community shall be buried underground beneath roads and driveways,
27
or in such other locations that shall seek to avoid the Harrington’s penstemon, and not be carried
on overhead poles or above the surface of the ground. Any natural vegetation disturbed by the
installation of utility lines shall be revegetated within twelve (12) months of completion of any
Improvement by and at the expense of the Owner causing the installation of such utilities.
10.4 Size Restrictions of Dwellings. The minimum living area of a free-market the dwelling on
any Lot shall be 1,800 square feet, exclusive of all areas utilized for garages, decks and open
porches. No minimum living area is required for the multi-family units except as may be
required by the Garfield County Housing Authority.
10.5 Specific Requirements for Dwellings. The maximum building height shall be as determined
and defined by the Lake Springs Ranch PUD Guide. All construction materials shall be new,
except for the limited use of antique treatments, fixtures and accessories. Log homes which are to
be erected on a log by log basis on a Lot which may have been originally fitted together at a place
other than the Lot may be approved by the Association. Without limiting the generality of the
foregoing or the right of the Development Review Committee to impose additional limitations and
conditions, reflective materials shall not be permitted on the exterior of structures within the
Planned Community without the prior written approval of the Development Review Committee.
No mobile homes shall be allowed on any Lot.
10.6 Fireplaces and Stoves. No open hearth solid fuel fireplaces shall be allowed. There
shall be no restrictions on the number of natural gas burning fireplaces or appliances. Each
dwelling unit will be allowed one (1) new wood-burning stove as defined by C.R.S. 25-7-401, et.
seq. and the regulations promulgated thereunder.
10.7 Fences and Hedges. The type and location of all fences and hedges will be subject to the
approval of the Development Review Committee prior to installation. Only wooden fences shall
be permitted within the Property, with limited exceptions for small gardens, kennels, play areas
for small children or otherwise and only in circumstances where a wooden fence would not
serve the required purpose. Barbed wire fencing shall be prohibited. The Development Review
Committee shall consider the effect on wildlife activity prior to approving any requested fencing.
Wood fencing shall not exceed forty-two (42) inches in height, shall not have more than two (2)
horizontal poles with spacing of at least eighteen inches (18") between rails and with the bottom rail
at least twenty-four inches (24") above the ground. Lot boundary perimeter fencing shall not be
allowed.
10.8 Landscaping. No landscaping shall be performed on any Lot unless a landscaping plan
therefor has received the prior written approval of the Development Review Committee. A
landscaping plan for each Lot must be approved by the Development Review Committee before
construction is commenced on the residence on that Lot. In each instance, an approved
landscaping plan shall be fully implemented and performed within the six (6) month period
immediately following (i) the issuance of a Certificate of Occupancy for a residence constructed on
a Lot, or (ii) the approval of the landscaping plan by the Development Review Committee in all
instances not involving the construction of a residence on a Lot. Notwithstanding the foregoing, no
review or approval shall be required for the replacement or replanting of the same or similar kind
of trees, or plants, or flowers, or other vegetation that has been previously approved by the
Development Review Committee for the Lot in question, in the previously approved location
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therefor. Any material change in the type or location of approved landscaping vegetation shall
require the further approval of the Development Review Committee. Landscaping shall be primarily
indigenous plant life from a plant list to be established by the Development Review Committee.
Irrigation of landscaped areas shall be subject to guidelines promulgated by the Development
Review Committee. Each Owner shall diligently maintain, trim, weed, cultivate, husband, protect,
preserve and otherwise keep in a healthy and attractive condition the shrubs, trees, hedges, grass,
planters, gardens and other landscaping upon the Owner's Lot, including, without limitation, the
removal of dead and diseased branches and brush and the performance of other tasks
necessary to remove or eliminate material which constitutes or creates a fire hazard or nuisance,
and shall keep the Owner's Lot free of any prohibited plants. Each Owner shall cooperate with
the Association in its fire protection husbandry program for reduction of fire hazard within the
Planned Community. Each Owner shall also maintain all paved, concrete and other synthetically
surfaced areas within the Owner's Lot, including but not limited to, driveway and parking areas,
in good condition and repair.
10.9 Removal of Nonconforming Improvements. The Association, after reasonable notice to
the Owner, may remove any Improvement constructed, reconstructed, refinished, altered or
maintained violating this Declaration, and the Owner shall immediately reimburse the Association
for all expenses incurred in such removal.
10.10 Fire Protection District Recommendation. Each Owner shall adhere to the
recommendations of the Carbondale and Rural Fire Protection District. and the Wildfire Hazard
Review prepared for the PUD by Red Mountain Environmental, LLC and dated October 13, 2023
(Exhibit B).
11. MAINTENANCE
11.1 Owner's Maintenance Responsibility. Except as provided otherwise in this Declaration
or by written agreement with the Association, all maintenance of individual Lots including,
without limitation, all Improvements, utility systems, utility lines from the point of departure from
shared usage and landscaping shall be the sole responsibility of the respective Owners. Each Lot
shall be maintained in a good, clean, safe, attractive and sanitary condition and repair consistent
with the requirements of a first-class residential development. An Owner shall not allow any action
or work that will impair the structural soundness of the Improvements or impair the proper
functioning of utilities or other services.
11.2 Owner's Negligence. In the event that any portion of the Common Elements requires
repair or replacement due to the negligent or willful act or omission of an Owner or Occupant,
then the expenses incurred by the Association for such repair or replacement shall be a personal
obligation of such Owner. If the Owner fails to pay the same within ten (10) days after notice is
given to the Owner of the amount owed, then the failure to so repay shall be a default by the
Owner and such expenses shall automatically become a default Assessment.
11.3 Association's Maintenance Responsibility. The Association shall maintain and keep all
portions of the Common Elements in good, clean, attractive, safe and sanitary condition and
repair consistent with the requirements of a first-class residential development.
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12. INSURANCE
12.1 Owner's Insurance Responsibility. Each Owner shall be responsible for all insurance
coverage for the owner's Lot and all Improvements and betterments thereon. In addition, each
Owner shall be responsible for insuring all personal property within the Lot, as well as general
liability insurance and any other insurance coverage deemed appropriate by such Owner. Each
Owner's policy shall contain waivers of subrogation and provide further that the liability of the
carriers issuing insurance to the Association hereunder shall not be effected or diminished by
reason of any such insurance carried by any Owner.
12.2 Association's Insurance Responsibility. The Association shall maintain all insurance
coverage required by the provisions of C.R.S. 38-33.3-101, et. seq., as the same may be amended
from time to time, together with such other insurance as the Executive Board of the Association
shall deem advisable.
12.3 Coverage. Commencing not later than the first conveyance of a Lot to a purchaser and to
the extent reasonably available, the Association shall obtain and maintain insurance coverage
as set forth in this Article. If such insurance is not reasonably available, and the Executive Board
determines that any insurance described herein will not be maintained, the Executive Board shall
promptly cause notice of that fact to be hand delivered or sent prepaid by United States mail to all
Owners and Eligible First Mortgagees at their respective last known addresses.
12.4 Required Provisions. All insurance policies carried pursuant to the requirements of this
Article must provide that: (a) each Owner and each Eligible First Mortgagee is an insured person
under the policy with respect to liability arising out of such Owner's interest in the Common
Elements or membership in the Association; (b) the insurer waives its rights to subrogation under
the policy against any Owner or member of his household; (c) no act or omission by any Owner
or Eligible First Mortgagee, unless acting within the scope of such Owner's authority on behalf of the
Association, will void the policy or be a condition to recovery under the policy; (d) if, at the time of a
loss under the policy, there is other insurance in the name of an Owner covering the risks
covered by the policy, the Association's policy provides primary insurance; (e) any loss covered
by the policies must be adjusted with the Association; (f) the insurance process for any loss shall
be payable to an insurance trustee designated for that purpose, or otherwise to the Association
and not to any holder of a Security Interest; (g) the insurer shall issue certificates or memoranda
of insurance to the Association and, upon request, to any Owner or holder of a Security Interest;
and (h) the insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days
after notice of the proposed cancellation or nonrenewal has been mailed to the Association and
any Owner(s) and holder(s) of Security Interests to whom a certificate or memorandum of
insurance has been issued at their respective last know addresses.
12.5 Adjustment of Claims. The Association may adopt and establish written
nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for
deductibles and any other matters of claims adjustment. To the extent the Association settles a
property insurance claim, it shall have the authority to assess negligent Owners causing such loss
or benefitting from such repair or restoration all deductibles paid by the Association. In the event
more than one Lot is damaged by a loss, the Association in its reasonable discretion may assess
each Owner a pro rata share of any deductible paid by the Association.
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12.6 Copies of Policies. A copy of each insurance policy obtained by the Association shall be
made available for inspection by any Owner at reasonable times.
13. RESERVATION OF DEVELOPMENT RIGHTS
13.1 Development and Withdrawal Rights. Declarant expressly reserves the right to create Lots
and Common Elements (the "Additional Improvement"), to combine Lots, to subdivide Lots, to
convert Lots into Common Elements, to convert Common Elements into Lots on all or any
portion of the Property reserved for future development phases in this Declaration. Declarant
may exercise any or all of the Development Rights so reserved at any time with respect to all
or any of the Property marked subject to Development Rights on the Plat. No assurances are
made with respect to the boundaries of any Lots that may be developed or the order in which the Lots
may be developed. Exercise of a Development Right with respect to any one parcel does not
require exercise of a Development Right on any other parcel of the Property subject to
Development Rights. No assurances are made, however, that any further development will occur.
Declarant expressly reserves the right to withdraw all or any portion of the Property from the
Planned Community by recording a document evidencing such withdrawal in the records of the
Garfield County Clerk and Recorder; provided, however, that no portion of the Property may be
withdrawn after a Lot in that portion of the Property has been conveyed to a purchaser. Real
estate withdrawn from the Planned Community shall be subject to whatever easements, if any, are
reasonably necessary for access to or operation of the Planned Community. Declarant shall
prepare and record in the records of the Garfield County Clerk and Recorder whatever documents
are necessary to evidence such easements.
13.2 Construction Easement. Declarant expressly reserves the right to perform
construction work and to store materials in secure areas on the Common Elements and the right of
access thereto, until completion of all Improvements required for the Common Elements. Declarant
has such an easement through the Common Elements as may be reasonably necessary for
the purpose of discharging Declarant's obligations and exercising Declarant's reserved rights
in this Declaration. Such easement includes the right to construct underground utility lines, pipes,
wires, ducts, conduits and other facilities across the Property not designated as reserved for future
development in this Declaration or on the Plat for the purpose of furnishing utility and other services
to Improvements to be constructed on any of the Property reserved for future development.
Declarant's reserved construction easement includes the right to grant easements to public utility
companies and to convey improvements within those easements anywhere in the Common
Elements not occupied by an Improvement on a Lot.
13.3 Reciprocal Easements. If property is withdrawn from the Planned Community
("Withdrawn Property"): (a) the owners of the Withdrawn Property shall have whatever
easements are necessary or desirable, if any, for access, utility service, repair, maintenance and
emergencies over and across the Planned Community and (b) the Owners in the Planned
Community shall have whatever easements are necessary or desirable, if any, for access, utility
service, repair, maintenance and emergencies over and across the Withdrawn Property. Declarant
shall prepare and record in the records of the Garfield County Clerk and Recorder whatever
documents are necessary to evidence such easements. Such recorded easements shall specify
that the owners of the Withdrawn Property and the Owners in the Planned Community shall be
obligated to pay a proportionate share of the cost of the operation and maintenance of any
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easements utilized by either one of them on the other's property upon such reasonable basis as
Declarant shall establish in the easements.
13.4 Termination of Development Rights. The Development Rights reserved to Declarant
shall expire thirty (30) years after the date of recording this Declaration in the records of the
Garfield County Clerk and Recorder, unless the Development Rights are reinstated or extended
by the Association, subject to whatever terms, conditions and limitations the Executive Board
may impose on the subsequent exercise of the Development Rights by Declarant. Declarant
may at any time release and relinquish some or all of the Development Rights with respect to all
or any part of the Property subject to such rights by instrument executed by Declarant and effective
when recorded in the records of the Garfield County Clerk and Recorder. Upon the expiration or
other termination of the Development Rights, any Property then subject to such rights shall
become Common Elements or Lots, as applicable.
13.5 Interference with Development Rights. Neither the Association nor any Owner may take
any action or adopt any rules or regulations that will interfere with or diminish any Development
Rights reserved by this Article without the prior written consent of Declarant.
13.6 Transfer of Development Rights. Any Development Rights created or reserved under this
Article for the benefit of Declarant may be transferred to any person by an instrument describing
the rights transferred and recorded in the records of the Garfield County Clerk and Recorder.
Such instrument shall be executed by the transferor Declarant and the transferee.
14. SPECIAL DECLARANT RIGHTS
14.1 Special Declarant Rights. Declarant hereby reserves the right, from time to time, to
perform the acts and exercise the rights hereinafter specified (the "Special Declarant Rights").
Declarant's Special Declarant Rights include the following:
14.1.1 Use of Property During Construction. It shall be expressly permissible and
proper for Declarant and any person acting with the prior written consent of
Declarant, and their respective employees, agents, independent
contractors, successors, and assigns involved in the construction of all
Improvements required for the Common Elements and all Lots or the
providing of utility service to the Property, to perform such activities and to
maintain upon portions of the Property as they deem necessary, such
facilities as may be reasonably required, convenient, necessary or incidental
to such construction and development of the Property. This permission
specifically includes, without limiting the generality of the foregoing,
maintaining business offices, storage areas, construction yards and
equipment, signs and sales offices. However, no activity shall be performed
and no facility shall be maintained on any portion of the Property in such a
way as to unreasonably interfere with the use of any Lot.
14.1.2 Exercise of Development Rights. The right to exercise any Development
Right reserved in this Declaration.
14.1.3 Sales, Management and Marketing. The right to locate, relocate and
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maintain sales offices, management offices, signs advertising the Planned
Community, and models within any Lot or Lots and in the Common Elements.
Declarant shall have the right to show Lots and the Common Elements to
prospective purchasers.
14.1.4 Construction Easements. The right to use easements through the
Common Elements for the purpose of making Improvements within the
Planned Community.
14.1.5 Control of Association and Executive Board. The right to appoint or
remove any officer of the Association or any member of the Executive Board.
14.1.6 Amendment of Declaration. The right to amend this Declaration in
connection with the exercise of any Development Rights.
14.1.7 Amendment of Plat. The right to amend the Plat in connection with the
exercise of any Development Rights.
14.1.8 Signs. The right to maintain signs on the Common Elements advertising the
Planned Community.
14.1.9 Post-Sales. The right to use the Common Elements to maintain customer
relations and provide post-sale services to Owners.
14.2 Additional Reserved Rights. In addition to the Special Declarant Rights set forth
above, Declarant also reserves the following additional rights (the "Additional
Reserved Rights"):
14.2.1 Dedications. The right to establish, from time to time, by dedication or
otherwise, utility and other easements for purposes including but not limited
to streets, paths, walkways, drainage, parking areas, driveways and to create
other reservations, exception and exclusions for the benefit of and to serve
the Owners within the Planned Community.
14.2.2 Easement Rights. The rights to an easement through the Common
Elements as may be reasonably necessary for the purpose of discharging
Declarant's obligations arising under this Declaration or the Act.
14.2.3 Other Rights. The right to exercise any Additional Reserved Right created
by any other provision of this Declaration or of the Act.
14.3 Limitations on Special Declarant Rights and Additional Reserved Rights. Unless
sooner terminated by an amendment to this Declaration executed by Declarant, any Special
Declarant Right or Additional Reserved Rights may be exercised by Declarant so long as
Declarant (a) is obligated under any warranty or obligation; (b) holds a Development Right; (c) owns
any Lot; or (d) holds a Security Interest in any Lot; provided, however, all Special Declarant Rights
and Additional Reserved Rights shall terminate thirty (30) years after the date of recording this
Declaration. Earlier termination of certain rights may occur pursuant to requirements of
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the Act.
14.4 Interference with Special Declarant Rights. Neither the Association nor any Owners may
take any action or adopt any rule and/or regulation that will interfere with or diminish any Special
Declarant Rights or Additional Reserved Rights without the prior written consent of Declarant.
14.5 Rights Transferable. Any Special Declarant Rights or Additional Reserved Right created
or reserved under this Article for the benefit of Declarant may be transferred to any person by an
instrument describing the rights transferred and recorded in the records of the Garfield County
Clerk and Recorder. Such instrument shall be executed by the transferor Declarant and the
transferee.
14.6 Declarant Control of the Association. There shall be a “Period of Declarant Control” during
which Declarant may appoint and remove the officers and members of the Executive Board. The
Period of Declarant Control commences upon the date of initial recording of the Plat and
terminates no later than the earlier of:
14.6.1 Sixty (60) days after conveyance of seventy-five percent (75%) of all
Lots that may be created to Owners other than the Declarant; or
14.6.2 Two (2) years after the last conveyance of a Lot by the Declarant in the
ordinary course of business to Owners other than the Declarant; or
14.6.3 Two (2) years after any right to add new Lots was last exercised; or
14.6.4 Five (5) years after the date of initial recording of the Lake Springs Ranch
Filing 3 Preliminary Plan.
Declarant may voluntarily surrender the right to appoint and remove officers and members
of the Executive Board before termination of the Period of Declarant Control. In that event, the
Declarant may require, for the duration of the Period of Declarant Control, that specified actions
of the Executive Board, as described in a recorded instrument executed by the Declarant, be
approved by the Declarant before they become effective.
14.7 Election By Owners.
14.7.1 Not later than sixty (60) days after conveyance of twenty-five percent
(25%) of the Lots that may be created to Owners other than the
Declarant, at least one member and not less than twenty-five percent
of the members of the Executive Board shall be elected by Owners
other than the Declarant.
14.7.2 Not later than sixty (60) days after conveyance of a total of fifty
percent (50%) of the Lots that may be created to Owners other than
Declarant, not less than thirty-three and one third percent (33.3%) of
the members of the Executive Board must be elected by Owners
other than the Declarant.
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14.7.3 Not later than the termination of the Period of Declarant Control, the
Owners shall elect an Executive Board of at least three (3) members,
at least a majority of whom shall be Owners other than the Declarant.
The Executive Board shall elect the officers of the Association. The
Owners’ Executive Board shall take office upon termination of the
Period of Declarant Control upon election.
15. MORTGAGEE PROTECTIONS
15.1 Introduction. This Article establishes certain standards and covenants which are for the
benefit of First Mortgagees. This Article is supplemental to, and not in substitution for, any
other provisions of this Declaration, but in the case of any conflict, this Article shall control.
15.2 Percentage of First Mortgagees. Unless specifically provided otherwise, wherever in this
Declaration the approval or consent of a specified percentage of Eligible First Mortgagees is required,
it shall mean the approval or consent of sixty-seven percent (67%) of Eligible First Mortgagees.
Each Eligible First Mortgagee shall be entitled to one vote for each Mortgage held by such Eligible
First Mortgagee.
15.3 Notice of Actions. If requested in writing to do so, the Association shall give prompt
written notice of the following to each Eligible First Mortgagee making such request: (a) any
condemnation loss or any casualty loss which affects a material portion of the Common
Elements or any Lot in which an interest is held by the Eligible First Mortgagee; (b) any
delinquency in the payment of Assessments which remains uncured for sixty (60) days by a Owner
whose Lot is encumbered by a Mortgage held by such Eligible First Mortgagee; (c) any lapse,
cancellation or material modification of any insurance policy or fidelity bond maintained by the
Association; (d) any proposed action which would require the consent of Eligible First Mortgagees
as set forth in this Article; (e) any judgment rendered against the Association; and (f) a copy of any
financial statement of the Association.
15.4 Consent Required. The Association may not take any of the following actions, except
as such rights have been specifically reserved by Declarant under the provisions of this
Declaration, without the consent of sixty-seven percent (67%) of the Eligible First Mortgagees: (a)
sale, conveyance or encumbrance of the Common Elements (provided, however, that the granting
of easements for public utilities, for construction and maintenance of roads within the Planned
Community, or for other purposes provided for in this Declaration will not be deemed a transfer
within the meaning of this clause); (b) restoration or repair of the Planned Community (after hazard
damage or partial condemnation) in a manner other than that specified in this Declaration; (c)
termination of this Declaration for reasons other than substantial destruction or condemnation,
subject to the approval percentages required for such termination; (d) merger of the Planned
Community with any other common interest community; or (e) any action not to repair or to
replace the Common Elements except as permitted in this Declaration.
15.5 Notice of Objection. Unless an Eligible First Mortgagee provides the Secretary of the
Association with written notice of its objection, if any, to any proposed amendment or action
requiring the approval of Eligible First Mortgagees within thirty (30) days following the receipt of notice
of such proposed amendment or action, the Eligible First Mortgagee will be deemed conclusively
35
to have consented to or approved the proposed amendment or action.
15.6 First Mortgagees' Rights.
15.6.1 Advances. First Mortgagees, jointly or singly, may pay taxes or other
charges which are in default and which may or have become a charge
against any of the Common Elements or improvements thereon, and may
pay overdue premiums on hazard insurance policies, or secure new hazard
insurance coverage on the lapse of a policy, for the Common Elements. First
Mortgagees making such payments shall be owed immediate reimbursement
from the Association.
15.6.2 Cure Rights. First Mortgagees shall be entitled to cure any delinquency of
the Owner encumbered by a First Mortgage in the payment of Assessments.
In that event, the First Mortgagee shall be entitled to obtain a release from
the lien imposed or perfected by reason of such delinquency.
15.7 Limitations on First Mortgagee's Rights. No requirement for approval or consent by a First
Mortgagee provided in this Article shall operate to: (a) deny or delegate control over the general
administrative affairs of the Association by the Owners or the Executive Board; (b) prevent the
Association or Executive Board from commencing, intervening and/or settling any legal
proceeding; or (c) prevent any insurance trustee or the Association from receiving and distributing
any insurance proceeds.
15.8 Special Declarant Rights. No provision or requirement of this Article entitled "Mortgagee
Protections" shall apply to any Special Declarant Rights reserved to Declarant in this
Declaration.
16. ENFORCEMENT OF DECLARATION
16.1 Violation Deemed a Nuisance. Every violation of this Declaration is declared and deemed
to be a nuisance. All public and private remedies allowed at law or equity against anyone in
violation of this Declaration shall be available.
16.2 Compliance. Each Owner and Occupant shall comply with the provisions of this
Declaration as the same may be amended from time to time. Failure to comply with this Declaration
shall be grounds for an action to recover damages or for injunctive relief to cause any such
violation to be remedied, or both. Each Owner shall be responsible for the conduct of the
Owner's family, tenants, employees, guests, contractors, agents, licensees, invitees and
Occupants whether or not the Owner is present. Each Owner shall inform all such persons of this
Declaration. Any violation of this Declaration by any such person shall be deemed a violation by
the Owner.
16.3 Who May Enforce. Any action to enforce this Declaration may be brought by Declarant
or the Executive Board in the name of the Association on behalf of the Owners. If, after a written
request from an aggrieved Owner, neither of the foregoing entities commence an action to
enforce this Declaration, then the aggrieved Owner may bring such an action.
36
16.4 Enforcement. Enforcement of the covenants, conditions, restrictions, easements,
reservations, rights-of-way and other provisions contained in this Declaration shall be through any
proceedings at law or in equity brought by any aggrieved Owner, the Association or Declarant against
the Association or any Owner. Such actions may seek remedy by injunction or restraint of a
violation or attempted violation, or an action for damages, or any of them, without the necessity
of making an election. Thus all the remedies set forth herein are cumulative and not exclusive.
16.5 Nonliability. No member of the Executive Board, Declarant or any Owner shall be liable to
any other Owner for the failure to enforce this Declaration at any time.
16.6 Recovery of Costs. If legal assistance is obtained to enforce any provision of this
Declaration, or in any legal proceeding (whether or not suit is brought) for damages or for the
enforcement of this Declaration or the restraint of violations of this Declaration, the prevailing
party shall be entitled to recover all costs incurred, including reasonable attorney's fees.
17. MISCELLANEOUS PROVISIONS
17.1 Severability. The provisions of this Declaration shall be deemed to be independent and
severable, and the invalidity of any one or more of the provisions of it by judgment or court order
or decree shall in no way affect the validity or enforceability of any of the other provisions, which
provisions shall remain in full force and effect. Any provision which would violate the rule against
perpetuities and the rule prohibiting unlawful restraints on alienation shall be construed in a
manner as to make this Declaration valid and enforceable.
17.2 Construction. In interpreting words in this Declaration, unless the context shall otherwise
provide or require, the singular shall include the plural, the plural shall include the singular, and
the use of any gender shall include all genders.
17.3 Third Party Beneficiary. This Declaration is submitted, imposed, and declared solely for
the benefit of Declarant, Owners, First Mortgagees and their respective successors, assigns,
heirs, executors, administrators and personal representatives. No party shall be deemed a third
party beneficiary of this Declaration.
17.4 Condemnation. If all or part of the Common Elements are taken by any power having
the authority of eminent domain, all compensation and damages for and on account of the taking
shall be payable in accordance with the provisions on eminent domain in the Act.
17.5 Headings. The headings and captions used in this Declaration are included only as a
matter of convenience and reference and shall not affect the meaning or interpretation of any
provision of this Declaration.
17.6 Conflicts in Legal Documents. In case of conflicts between the provisions in this Declaration
and the Articles or the Bylaws, this Declaration shall control. In case of conflicts in the provisions
in the Articles and the Bylaws, the Articles shall control. In case of conflicts between the provisions
in this Declaration and any Plat of the Property, including the plat notes thereon, the provisions of
said plat or plat notes shall govern and control and this Declaration shall automatically be
amended, but only to the extent necessary to conform the conflicting provisions.
37
17.7 No Public Use Dedication. Except for roadways conveyed to and accepted by Garfield
County for public use, and except as otherwise expressly provided herein to the contrary,
nothing contained in this Declaration shall be deemed to be or constitute a dedication of any
part of the Property to the public or for any public use.
17.8 Notices. All notices or requests required shall be in writing. Notice to any Owner shall be
considered delivered and effective upon personal delivery, or three (3) days after posting when sent
by certified mail, return receipt requested, to the address of the Owner on file in the records of the
Association at the time of the mailing or if no such address is available, then to the address shown
by the County Assessor. Notice to the Executive Board or the Association shall be considered
delivered and effective upon personal delivery, or three (3) days after posting when sent by
certified mail, return receipt requested, to the Association, at the address as shall be established
by the Association from time to time by notice to the Owners. General notices to all Owners need
not be certified, but may be sent by regular first class mail.
17.9 Waiver or Delay in Enforcement. No failure by the Association or the Executive Board to
give notice of default or any delay in enforcement of any provision or in the exercise of any right or
remedy shall operate as a waiver. No waiver shall be effective unless it is in writing signed by
the Chairman of the Executive Board on behalf of the Executive Board.
17.10 Choice of Law and Jurisdiction. This Declaration shall be construed and interpreted in
accordance with the laws of the State of Colorado, and specifically, the provisions of the Act and
not the general common law (including remedies) of tenancy-in-common. Any legal action
brought in connection with this Declaration shall be commenced in the courts of Garfield County,
Colorado, and by acceptance of a deed to a Lot, the Owner voluntarily submits to the jurisdiction
of such courts.
18. DURATION OF COVENANTS AMENDMENT AND TERMINATION
18.1 Term. This Declaration shall remain in effect from the date of its recordation for a period
of fifty (50) years. Thereafter, this Declaration shall be automatically extended for successive periods
of ten (10) years each, unless otherwise terminated or modified as provided in this Article.
18.2 Amendment of Declaration. This Declaration may be amended as follows:
18.2.1 Reserved Amendment Rights. To the extent that this Declaration and the
Act expressly permit or require amendments that may be executed by
Declarant or by the Association, this Declaration may be amended by
amendments executed solely by Declarant or solely by the Association. To
the extent permitted by the Act, Declarant may execute any amendment to
the Declaration required or necessary to comply with the requirements,
standards, or guidelines of recognized secondary mortgage markets, the
Department of Housing and Urban Development, the Federal Housing
Administration, the Veterans Administration, the Federal Home Loan
Mortgage Corporation, the Government National Mortgage Association, or
the Federal National Mortgage Association secondary mortgage market and
Colorado state regulatory requirements. Declarant may also amend the
38
Declaration or a Plat to correct clerical, typographical, or technical errors.
18.2.2 General Amendments. Subject to any applicable local regulations and
provisions of this Declaration requiring the consent of Declarant, this
Declaration, any Plat and any Supplement Plats may be amended only
by the vote or agreement of Owners to which more than fifty percent (50%)
of the votes in the Association are allocated. Any such amendment must
be consistent with the conditions of approval imposed on the Planned
Community by the Garfield County Board of County Commissioners.
18.2.3 Special Amendments. Except to the extent expressly permitted or required
by other provisions of the Act (e.g., permitted Declarant or Association
amendments), the unanimous consent of Owners is required for any
amendment that (i) creates or increases Special Declarant Rights, (ii)
increases the number of Lots, or (iii) changes the boundaries of any Lot, the
Allocated Interests of a Lot or the uses to which any Lot is restricted.
18.3 Execution of Amendments: Expenses. Any amendment shall be prepared, executed and
recorded either by Declarant or by an officer of the Association designated for that purpose or, in
the absence of a designation, by the President of the Association. All expenses associated with
preparing and recording an amendment to this Declaration shall be the sole responsibility of: (a)
any Owners desiring an amendment as provided for in this Declaration or the Act; (b) Declarant, to
the extent the right to amend this Declaration is reserved to Declarant and exercised by
Declarant; or (c) in all other cases by the Association as a Common Expense.
18.4 When Modifications Permitted. Notwithstanding any other provision of this Declaration,
no amendment or termination of this Declaration shall be effective in any event during the Period
of Declarant Control, unless the written approval of Declarant is first obtained.
18.5 Recording of Amendments. Any amendment to this Declaration made in accordance
with this Article shall be immediately effective upon the recording of the executed amendment in
the records of the Garfield County Clerk and Recorder together with a duly authenticated
certificate of Declarant or the Secretary of the Association stating that the required vote of Owners,
if any, and required consents of First Mortgagees (and/or Eligible First Mortgagee, as applicable)
were obtained and are on file in the office of the Association.
18.6 Termination of the Planned Community. The Planned Community may only be
terminated as provided in the Act.
IN WITNESS WHEREOF, Declarant has executed this Declaration this _____ day of
_____________________ 20162025.
The Berkeley Family Limited Partnership,
A Colorado Limited Partnership
39
By:
Miriam M. Berkeley, General Partner
STATE OF TEXAS )
) SS.
COUNTY OF HARRIS )
The foregoing instrument was acknowledged before me this ___ day of _____,
2016 2025 by Miriam M. Berkeley as General Partner of the Berkeley Family Limited
Partnership.
Witness my hand and official seal
My Commission Expires:
Notary Public
EXHIHBIT A
TRACT EAST OF WEST RIGHT-OF-WAY GARCO 114
A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12,13,14,22,23, THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, THE SOUTHWEST QUARTER OF
SECTION 34, TOWNSHIP 6 SOUTH, AND LOTS 1,2,3,9, THE NORTHEAST QUARTER OF
SECTION 4, TOWNSHIP 7 SOUTH, ALL IN RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN WITH ALL LOTTING REFERENCING THAT GOVERNMENT LAND OFFICE (GLO)
SUPPLEMENTAL SURVEY PLAT DATED 29 APRIL, 1893, COUNTY OF GARFIELD, STATE OF
COLORADO, TO WIT;
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID SECTION 33, THE SAID CORNER
MONUMENTED BY A FOUND 2INCH IRON PIPE WITH BLM BRASS CAP, FROM WHENCE THE
SOUTH QUARTER CORNER THEREOF, MONUMENTED BY A FOUND ¾ INCH IRON PIN WITH
2.75 INCH ALLOY CAP MARKED PELS 5933 BEARS N 89°49’18” W, 2682.72 FEET DISTANT,
WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, AND BEING COINCIDENT WITH
THE NORTHWESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION
NUMBER 878747, S 16°39'52" W, A DISTANCE OF 217.38 FEET, THE SAID CORNER
MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE
SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), S 27°00'32" W, A
DISTANCE OF 277.20 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON
PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE
SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), S 48°11'02" W, A
DISTANCE OF 452.97 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON
PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE
SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), N 89°49'27" W, A
DISTANCE OF 293.53 FEET TO A POINT OF CURVATURE, THE SAID CORNER MONUMENTED
BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE
SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), 188.62 FEET
ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS
200.01 FEET, (CHORD BEARS N 62°48'04" W, 181.71 FEET) TO A POINT OF TANGENCY, THE
SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC
CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE
SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), N 35°45'36" W, A
DISTANCE OF 8.96 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON
PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE
SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), 101.08 FEET
ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE, TURNING TO THE RIGHT
WHOSE RADIUS IS 330.00 FEET, (CHORD BEARS S 57°47'34" W, 100.68 FEET), TO A POINT ON
AN EXISTING WIRE FENCE, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON
PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE COURSE OF THE
SAID WIRE FENCE, ALONG A PART OF THE EASTERLY BOUNDARY LINE OF THAT PARCEL OF
LAND DESCRIBED UNDER RECEPTION NUMBER 828748, AND BEING COINCIDENT WITH THE
NORTHWESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION
NUMBER 878747, S 10°47'27" E, A DISTANCE OF 647.87 FEET TO THE SOUTHERLY TERMINUS
OF THE SAID WIRE FENCE, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON
PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE COURSE OF THE
SAID WIRE FENCE, ALONG THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND
DESCRIBED UNDER RECEPTION NUMBER 828748, AND THAT PARCEL OF LAND DESCRIBED
UNDER RECEPTION NUMBER 778209, AND BEING COINCIDENT WITH THE NORTHWESTERLY
BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, N
89°15'46" W, A DISTANCE OF 1728.18 FEET TO THE WESTERLY TERMINUS THEREOF, A POINT
ON THE EASTERLY BOUNDARY LINE OF LOT 10 IN THE SAID SECTION 4, THE SAID CORNER
MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, ALONG THE EASTERLY
BOUNDARY LINE OF THE SAID LOT 10, N 02°51’47” E, A DISTANCE OF 0.99 FEET TO THE
SOUTHWEST CORNER OF LOT 9, IN THE SAID SECTION 4, THE SAID CORNER MONUMENTED
BY A FOUND 2.5IN, IRON PIPE WITH 2.75IN. BRASS CAP MARKED COUNTY SURVEYOR
GARFIELD COUNTY, 1977;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, ALONG THE WESTERLY
BOUNDARY LINE OF THE SAID LOT 9, N 00°11'54" W, A DISTANCE OF 1061.98 FEET TO A
POINT OF INTERSECTION WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF A PROPOSED
80-FOOT-WIDE GARFIELD COUNTY ROAD NO. 114, FROM WHENCE THE SOUTH QUARTER
CORNER OF THE SAID SECTION 33, BEARS N 00°11’54” W, 279.11 FEET DISTANT, THE SAID
QUARTER CORNER MONUMENTED BY A FOUND 2IN. BRASS CAPPED PIPE MARKED PELS
5933, THE SAID POINT OF INTERSECTION MONUMENTED BY A SET 5/8 INCH IRON PIN WITH
YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND, ALONG THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF THE SAID 80FOOT WIDE COUNTY ROAD NO. 114, THE FOLLOWING
EIGHTEEN (18) COURSES, EACH COURSE MONUMENTED BY A SET 5/8 INCH IRON PIN WITH
YELLOW PLASTIC CAP, PLS 23875:
1. 308.25 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE, TURNING TO
THE LEFT WHOSE RADIUS IS 570.00 FEET, (CHORD BEARS N 10°42'40" E, 304.51 FEET) TO A
POINT OF TANGENCY;
2. N 04°46'53" W, A DISTANCE OF 109.17 FEET TO A POINT OF CURVATURE;
3. 385.64 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE
RADIUS IS 650.00 FEET, (CHORD BEARS N 12°12'55" E, 380.01 FEET) TO A POINT OF
TANGENCY;
4. N 29°12'44" E, A DISTANCE OF 230.39 FEET TO A POINT OF CURVATURE;
5. 14.36 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE
RADIUS IS 1040.00 FEET, (CHORD BEARS N 29°36'28" E, 14.36 FEET) TO A POINT OF
TANGENCY;
6. N 30°00'13" E, A DISTANCE OF 305.97 FEET TO A POINT OF CURVATURE;
7. 328.00 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE
RADIUS IS 690.00 FEET, (CHORD BEARS N 43°37'17" E, 324.92 FEET) TO A POINT OF
TANGENCY;
8. N 57°14'22" E, A DISTANCE OF 165.99 FEET TO A POINT OF CURVATURE;
9. 267.77 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE
RADIUS IS 660.00 FEET; (LONG CHORD BEARS N 45°37'00" E, 265.94 FEET) TO A POINT OF
TANGENCY;
10. N 33°59'38" E, A DISTANCE OF 136.05 FEET TO A POINT OF CURVATURE;
11. 215.78 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE
RADIUS IS 690.00 FEET; (LONG CHORD BEARS N 42°57'09" E, 214.90 FEET) TO A POINT OF
TANGENCY;
12. N 51°54'41" E, A DISTANCE OF 50.15 FEET TO A POINT OF CURVATURE;
13. 91.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE
RADIUS IS 860.00 FEET; (LONG CHORD BEARS N 48°51'36" E, 91.56 FEET) TO A POINT OF
TANGENCY;
14. N 45°48'31" E, A DISTANCE OF 161.63 FEET TO A POINT OF CURVATURE;
15. 31.19 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE
RADIUS IS 960.00 FEET; (LONG CHORD BEARS N 44°52'40" E, 31.19 FEET) TO A POINT OF
TANGENCY;
16. N 43°56'50" E, A DISTANCE OF 184.24 FEET TO A POINT OF CURVATURE;
17. 220.33 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE
RADIUS IS 3960.00 FEET; (LONG CHORD BEARS N 42°21'12" E, 220.30 FEET) TO A POINT OF
TANGENCY;
18. N 40°45'34" E, A DISTANCE OF 257.90 FEET TO A POINT ON THE NORTHERLY BOUNDARY
LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33,
AND COINCIDENT WITH THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND
DESCRIBED UNDER RECEPTION NUMBER 686804, FROM WHENCE THE NORTHWEST
CORNER THEREOF, MONUMENTED BY A FOUND 2INCH BRASS CAP SET IN ROCK MARKED
PELS 5933, BEARS N 88°26’25” W, 608.20 FEET DISTANT;
THENCE, DEPARTING FROM THE AFORESAID PROPOSED NORTHWESTERLY RIGHT-OF-WAY
LINE OF A PROPOSED 80-FOOT-WIDE GARFIELD COUNTY ROAD NO. 114, AND ALONG
THE NORTHERLY BOUNDARY LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SAID SECTION 33, S 88°26'25" E, A DISTANCE OF 647.97 FEET TO THE EAST
QUARTER CORNER OF THE SAID SECTION 33, SAID CORNER MONUMENTED BY A FOUND
¾ INCH IRON PIN WITH 2.5IN. ALLOY CAP MARKED PELS 5933;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY
BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN THAT INSTRUMENT RECORDED
UNDER RECEPTION NUMBER 828748, AND COINCIDENT WITH THE SOUTHERLY BOUNDARY
LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 686804, N
89°58'17" E, A DISTANCE OF 198.91 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF
LAND DESCRIBED UNDER RECEPTION NUMBER 828749 IN THE PUBLIC RECORDS OF
GARFIELD COUNTY, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, LS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY
BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN THAT INSTRUMENT RECORDED
UNDER RECEPTION NUMBER 828749, S 03°53'03" E, A DISTANCE OF 1233.37 FEET TO A
POINT ON THE NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE SAID SECTION 34, THE SAID CORNER MONUMENTED BY A
FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, LS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY
BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID
SECTION 34, AND BEING COINCIDENT WITH THE WESTERLY BOUNDARY LINE OF THAT
PARCEL DESCRIBED UNDER RECEPTION NUMBER 878749, N 89°02'28" E, A DISTANCE OF
807.23 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH
YELLOW PLASTIC CAP, LS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE, BEING COINCIDENT WITH THE
WESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER
878749, S 02°50'18" E, A DISTANCE OF 1220.31 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID
SECTION 34, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH
YELLOW PLASTIC CAP, LS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY
BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID
SECTION 34, AND BEING COINCIDENT WITH THE NORTHERLY BOUNDARY LINE OF THAT
PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, S 88°10'36" W, A DISTANCE OF
984.16 FEET TO THE SOUTHEAST CORNER OF THE SAID SECTION 33, TO THE POINT OF
BEGINNING.
IS COMPRISED OF 8,874,416 SQUARE FEET, (203.739 ACRES), MORE OR LESS.
Prepared for:
TG Malloy Consulting, LLC
402 Park Drive
Glenwood Springs, CO 81601
November 29, 2023
Prepared by:
RedMountain Environmental, LLC.
802 Palmer Avenue
Glenwood Springs, CO 81601
Wildfire Hazard Review
Lake Springs Ranch, PUD Amendment
Garfield County, Colorado
Exhibit B
Lake Springs Ranch Wildfire Hazard Review
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Table of Contents
1.0 Summary ............................................................................................................................................. 1
2.0 Description of Lake Springs Ranch Area ............................................................................................. 1
3.0 Wildfire Hazards ................................................................................................................................. 4
Low Wildfire Hazard Areas ............................................................................................................ 7
Moderate Wildfire Hazard Areas .................................................................................................. 7
High Hazard Areas ......................................................................................................................... 8
Wildfire Behavior Risks ................................................................................................................. 8
4.0 Mitigation Recommendations .......................................................................................................... 10
Defensible Space Easement Areas .............................................................................................. 10
Fuel Breaks .................................................................................................................................. 10
Homesite Defensible Space (All Hazard Areas) ........................................................................... 12
Additional Defensible Space requirements for Moderate Hazard Areas .................................... 12
Additional Defensible Space requirements for Moderate-High and High hazard Areas ............. 12
Access .......................................................................................................................................... 13
Water Supply ............................................................................................................................... 13
Roofing Materials, Roofing Vents, and Projections at and Below Roof Line ............................... 13
Maintenance and Miscellaneous Requirements ......................................................................... 15
During Construction & Implementation .................................................................................. 16
Review Process ........................................................................................................................ 16
List of Figures
Figure 1. Project Vicinity ............................................................................................................................... 2
Figure 2. Proposed Development ................................................................................................................. 3
Figure 3. Site-Specific Wildfire Hazard Ratings ............................................................................................. 5
Figure 4. GCCWPP Wildfire Hazard Classifications ....................................................................................... 6
Figure 5. Fire Hydrant Locations ................................................................................................................... 9
Figure 6. Approximate Fuel Break Location Recommendation s ................................................................ 11
Lake Springs Ranch Wildfire Hazard Review
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1.0 SUMMARY
This assessment was developed in order to meet the requirements of the Garfield County Code for a PUD
Amendment for the Lake Springs Ranch development. The content of this plan incorporates guidance from
the Garfield County Community Wildfire Protection Plan (GCCWPP, JEO Consulting Group 2022). The
GCCWPP is a strategic plan that identified specific wildland fire risks facing communities and districts within
Garfield County and provides prioritized mitigation recommendations designed to reduce those risks.
The content of this plan incorporates guidance as established by the Healthy Forest Restoration Act and SB
09-001 for the development of a CWPP through the incorporation of:
• A definition of the community wildland-urban interface (WUI), preferably outlined on a map with
an accompanying narrative.
• A community risk analysis that considers, at a minimum, fuel hazards, risk of wildfire occurrence,
and community values to be protected, both in the immediate vicinity and the surrounding zone
where potential fire spread poses a realistic threat.
• Recommendations regarding ways to reduce structural ignitability, and information for residents
to understand the risk of wildfire so they can more effectively manage fuels on their property in
relation to wildfire risks.
This report provides recommendations for defensible space around structures and internal development
fuel breaks. However, it does not provide larger-scale fuel break recommendations outside of the
development. This report does not address preparedness of local fire departments (these items are covered
under the GCCWPP). It is assumed that the landowners within the subdivision would be responsible for
implementation of recommended over-lot thinning, and that a homeowner’s association (HOA) would
assist in management of fuels outside of parcel boundaries.
2.0 DESCRIPTION OF LAKE SPRINGS RANCH AREA
The property is a 203.7-acre parcel located in the Spring Valley area southwest of Glenwood Springs. The
area is approximately 3.8 miles from State Highway 82 on County Road 114 (CMC Road), and secondary
access to the general area is also on CR 115 (Spring Valley Road). Overall slope steepness ranges from 1%
to approximately 35%. The surface fuels vary depending on aspect and current land use, but are dominated
by sagebrush shrublands, grass/forb and litter, mixed mountain shrublands, and Gambel oak woodlands.
The proposed building sites are generally clustered on the slopes of the property, leaving larger blocks of
open space within the PUD, and generally avoiding the ridgetops.
In preparation of this Assessment, the GCCWPP was reviewed, which states: “Preparation of site-specific
individual Community Wildfire Protection Plans (CWPP’s) is the logical next step after a county-wide fire
plan has identified communities-at-risk and set mitigation priorities. A CWPP assesses the wildfire threat
to a neighborhood or community and the surrounding landscape. It locates values-at-risk in detail and
determines the specific vegetation management, road improvements, water sources, warning systems,
evacuation routes, changes to buildings to make them less flammable, fire department preparedness (if
needed), and other actions needed to reduce the threat of wildfire.”
Lake Springs Ranch Wildfire Hazard Review
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Figure 1. Project Vicinity
Lake Springs Ranch Wildfire Hazard Review
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Figure 2. Proposed Development
Lake Springs Ranch Wildfire Hazard Review
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3.0 WILDFIRE HAZARDS
Vegetation communities are described in terms of dominant species composition and fuel models. The load
and arrangement of surface fuels, the distance to the base of the forest canopy, and the density of the
forest canopy are subject to specific evaluation. These characteristics help determine the surface fire
intensity, the likelihood of crown fire initiation, and propagation.
Potential surface fire behavior may be estimated by classifying vegetation in terms of fire behavior fuel
models (FBFMs) and using established mathematical models to predict potential fire behavior under
specific climatic conditions. These models represent points along a continuum and are used to illustrate
potential fire hazard. In this analysis, the standard fire behavior fuel models developed by Scott and Burgan
(2005) were referenced as obtained from Landfire data (U.S. Department of Interior, Geological Survey
2006).
While FBFMs were used to inform the assessment, the fire hazard classification rating system from the
Colorado State Forest Service was also utilized, which roughly translates as:
Low Wildfire Hazard- Slopes less than 10%, with discontinuous fuels
Moderate Wildfire Hazard- Slopes from 10% to 20%, with continuous fuels
High Wildfire Hazard- Slopes >20% with continuous fuels
Severe Wildfire Hazard- Slopes >30% with continuous fuels
The Colorado State Forest Service hazard rating protocol is a complex algorithm taking into consideration
vegetation, aspect, slope, and elevation in a mathematical formula developed through a subroutine in a
GIS. While the CSFS classification system was referenced, the resolution of the publicly available mapping
was too coarse for this project, and therefore to more accurately depict wildfire hazards within the PUD,
fire hazards were mapped as they appeared “on-the-ground” utilizing on-site verification and taking into
consideration the overall pattern of fuels and topography, while still using the CSFS system (Figure 3).
Utilizing the FBFMs as a baseline, we then categorized sections of the Ranch into the CSFS system of Low,
Low-Medium, Medium, Medium-High and High wildfire hazard areas. There were no areas mapped as
Severe Wildfire Hazard.
As an additional reference, the risk assessment from the Garfield County Community Wildfire Protection
Plan (GCCWPP) was reviewed. The assessment from the GCCWPP was relatively accurate in depicting
overall wildfire risk for the area; the GCWPP map for the area categorizes much of the PUD as being in
Moderate Risk areas, with larger oakbrush stands and mixed mountain shrublands in High Risk areas
(Figure 4). However, the more conservative CSFS mapping protocol was utilized given recent fire behavior
in Garfield County (Figure 3).
Lake Springs Ranch Wildfire Hazard Review
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Figure 3. Site-Specific Wildfire Hazard Ratings
Lake Springs Ranch Wildfire Hazard Review
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Figure 4. GCCWPP Wildfire Hazard Classifications
Lake Springs Ranch Wildfire Hazard Review
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The following sections describe fuel types within the mapped hazard classification areas. We also present the
fire behavior fuel models (FBFM) which coincide with the classifications we assigned to these areas.
Low Wildfire Hazard Areas
The surface fuels are comprised of grass,
agricultural lands, litter, and widely scattered
shrubs up to three feet in height. Vegetation
species in these areas were agricultural grasses
(i.e., smooth brome (Bromus inermis), orchard
grass (Dactylis glomerata), timothy (Phleum
pratense), and bluegrass (Poa pratensis). There
are widely spaced pinyon (Pinus edulis), juniper
(Sabina osteosperma), mountain sagebrush
(Atemisia tridentata sbsp. vaseyana) and Gambel
oak (Quercus gambelii) in these areas, but these
shrubby species are widely spaced enough that
they would not contribute to fire behavior.
Canopy closure in these areas is much less than
30%, but some areas may have fairly continuous
grass/forb profiles.
The terrain in these sites is relatively flat. While fire spread from the nearby hay meadows is not a significant
concern for these sites, the fact that ditch burning during the springtime could be an annual occurrence is of
note and introduces an ignition concern. Fire spread from wind and down-sloping fires is a potential concern
in these areas.
Fire behavior fuel models (FBFM) in these areas included GR1- Short Grass, GR2- Grass, and GS1- Short Shrubs
(Scott and Burgan 2005).
Moderate Wildfire Hazard Areas
These areas generally have slopes up to 20%, with
fairly continuous fine fuels, and scattered or
patchy shrubby fuels. Canopy closure in these
areas is less than 70%.
The terrain in these sites is varied. While fire
spread from the hay meadows below these sites
is not a significant concern, the fact that ditch
burning during the springtime may annually occur
is of note, as is the presence of County Roads
(another potential ignition source). Fire spread
from wind and cross-slopes fires is a potential
concern in these areas.
While some of these areas are located on slopes
of less than 20%, the density and continuity of fuels has produced conditions suitable for a Moderate Hazard
ranking. FBFMs in these areas include GR2- Grass, GS1- Short Shrubs, GS2-Shrubs 1-3’ tall, and SH1- Woody
Shrubs. Of note, sagebrush and mixed mountain shrub species in this fuel type can produce flame lengths over
20-feet tall, which would make direct fire suppression by hand crews very difficult.
Photo of typical Low Hazard conditions on ranch.
Lake Springs Ranch Wildfire Hazard Review
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High Hazard Areas
These areas have slopes exceeding 20% and have
continuous fuels. On the Ranch these High Hazard
areas are a relatively minor component, but a
number of homesites occur within High Hazard
areas.
Fuels are generally dominated by Gambel oak, with
dense understories of snowberry (Symphorocarpos
albus), sagebrush, Utah serviceberry (Amelanchier
utahensis) and other shrubs, grasses and forbs.
FBFMs for High Hazard areas included GS2- shrubs
1-3’ tall, SH1- woody shrubs, and SH7- tall woody
shrubs.
Wildfire Behavior Risks
Based on potential average and also 97th percentile weather data (the three most severe fire weather days
per year, or during drought years, much longer than 3 days), it is reasonable to assume that rates of spread in
the PUD area could range up to 40-60 chains per hour (ch/hr; a “chain” is 66-feet long) during moderate
weather conditions, and during extremely high wildfire weather conditions, rates of spread could exceed 60
ch/hr. Flame lengths during Moderate fire weather conditions would average 4 to >11-feet, and during
Extreme fire weather conditions, flame lengths would average from 8-feet to well over 11-feet. Flame lengths
less than 4-feet are acceptable for direct suppression from hand crews, while flame lengths less than 8-feet
are acceptable for suppression from machinery, and for fires with flame lengths greater than 8-feet, indirect
and aerial suppression are recommended/preferred. Based on fuel types in the PUD, the risk of crown fire is
relatively low, but patches of oakbrush may support limited crown fire behavior.
The dominant sagebrush systems within the PUD can have variable burn intensities, but in general the older,
decadent sagebrush fuels common in the PUD can contribute to higher fire intensities, especially during
drought conditions. During drought conditions, flame lengths and fireline intensity would make direct
suppression from hand crews dangerous, and indirect suppression would likely need to be employed. Given
the propensity of fire hydrants in the subdivision, suppression utilizing water sources would definitely assist
suppression efforts (Figure 5), as long as water supplies were available.
Gambel oak can burn with much higher fireline intensities, as this species has a waxy coating on its leaves that
can burn with higher intensities, especially during drought conditions. The dense, but scattered stands, are
mostly located outside of proposed development areas, but appropriate defensible space and ignition
resistant home construction will be extremely important. Rates of spread and flame lengths in Gambel oak
fuel types would make direct fire suppression difficult for first responders, and indirect suppression and aerial
suppression would likely be required.
These evaluations of typical fire behavior are based on standardized conditions; it does not consider potential
effects from increased fire intensity from larger wildfire events. Weather conditions are extremely variable,
and not all conditions can be accounted for (such as wind speeds, direction, and effects on longer periods of
drought). More accurate fire behavior modelling can occur using year-to-date, and more spatially explicit
conditions.
Lake Springs Ranch Wildfire Hazard Review
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Figure 5. Fire Hydrant Locations
Lake Springs Ranch Wildfire Hazard Review
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4.0 MITIGATION RECOMMENDATIONS
The ability for a homeowner to conduct adequate fuel thinning/mitigation may be limited by
property/parcel boundaries, and this may limit a homeowner’s ability to comply with defensible space
requirements. In light of this, the HOA should consider Defensible Space Easement Areas, where
homeowners can thin fuels on open space or HOA lands (see section 4.1 Defensible Space Easement
Areas). Additionally, Fuel Breaks are recommended for some open space areas (see section 4.2 Fuel
Breaks). Manipulation of existing vegetation and landscaping should comply with the following
recommendations to create a defensible space around each structure.
Defensible Space Easement Areas
Lots adjacent to open space areas should have fuels management occur beyond the boundaries of the lots.
This would allow homeowners and the HOA to maintain defensible space beyond properties lines if
extended fuels mitigation work is needed. Either a lot-specific “easement” should be granted, or the HOA
should be responsible for coordinated management of fuels in these areas. Open space areas should be
covenant restricted to prohibit any dumping or disposal of combustible materials, yard waste, or other
activities which could increase or contribute to higher fuel loading in these areas.
Fuel Breaks
Roadside thinning, and annual/regular roadside mowing is recommended along access roads where they
bisect higher hazard areas. Annual or as needed (such as during drought periods) mowing or thinning along
pre-determined fuel break areas (Figure 6) is also recommended. These areas should be delineated as HOA
easements to allow fuel treatment without risk of issues with lot owners. See additional discussion of
roadside thinning, below, in section 4.6 Access, (b) and (c).
Any pumphouses or electrical monuments/structures shall be within non-combustible structures and have
fuels thinning around them. This is to prevent water supplies or electricity cut during a wildfire event, which
could further exacerbate fire suppression (such as having in-house sprinkler systems fail to work due to a
lack of electricity or water supply).
Lake Springs Ranch Wildfire Hazard Review
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Figure 6. Approximate Open Space Fuel Break Location Recommendations
Lake Springs Ranch Wildfire Hazard Review
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Homesite Defensible Space (All Hazard Areas)
Defensible space includes the use of vegetative management that removes flammable fuels from around a
structure to reduce exposure to radiant heat. The flammable fuels may be replaced with green lawn,
gardens, certain individually spaced and pruned trees, decorative stone or other non-flammable or flame-
resistant materials.
Defensible space can be created with the homeowner and builder’s design aesthetic to create both a
pleasing look and fire-resistant landscape. A program of evaluating and implementing defensible space for
homes in the highest hazard areas will do more to limit potential fire related property damage than any
other single recommendation. The creation and maintenance of defensible space should be covenant
controlled.
(a) Brush, debris and non-ornamental vegetation shall be removed within a minimum fifteen-foot
(15') perimeter around all structures.
(b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a forty (40) foot perimeter around a structure built on slopes less than 20% (or up
to lot boundaries).
(c) Within the 40’ perimeter, thin 70% of shrubby vegetation (i.e., only 30% of shrub cover should
remain). This can be done in an aesthetically pleasing manner, but in general, more thinning
should occur closer to the home.
(d) All branches from trees and brush within the 40-foot perimeter shall be pruned to a height of ten
(10) feet above the ground with removal of ladder fuels from around trees and brush.
(e) All branches that extend over the roof eaves shall be removed and all branches within fifteen
(15) feet of chimneys shall be removed.
(f) All deadfall up to a one hundred (100) foot perimeter shall be removed.
(g) No new conifer trees shall be planted within twenty (20) feet of a residence.
(h) No flammable mulches shall be placed within two (2) feet of a residence.
(i) The property owner shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
Additional Defensible Space requirements for Moderate Hazard Areas
(a) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a sixty (60) foot perimeter around a structure built on slopes less than 20% (or to lot
boundaries).
(b) Within the 60-foot perimeter, thin 70% of shrubby vegetation (30% of shrubs should remain).
This can be done in an aesthetically pleasing manner, but in general, more thinning should occur
within 30’ of the home, and no shrubs should be within 15’ of the home.
(c) All branches from trees and brush within the 60-foot perimeter shall be pruned to a height of ten
(10) feet above the ground with removal of ladder fuels from around trees and brush.
Additional Defensible Space requirements for Moderate-High and High hazard Areas
(a) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of an eight (80) foot perimeter around a structure.
(b) Within the 80-foot perimeter, thin 70% of shrubby vegetation (30% of shrubs should remain).
This can be done in an aesthetically pleasing manner, but in general, more thinning should occur
within 60’ of the home, and no shrubs should be within 30’ of the home.
Lake Springs Ranch Wildfire Hazard Review
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(c) All branches from trees and brush within the 80-foot perimeter shall be pruned to a height of 10
feet above the ground with removal of ladder fuels from around trees and brush.
Access
(a) The current plan provides multiple access/egress points for facilitating fire department access as
well as evacuation. Roads and turn-around are to County specifications and would provide
suitable areas for fire apparatus use and operation in the event of a wildfire.
(b) Along the sides of roads, remove shrubby vegetation within 15 feet of either side of the road.
Feathering of vegetation is acceptable and may be done in an aesthetically pleasing manner.
Only grasses and forbs should dominate the fuels profile within 10’ of either side of the road.
(c) Where roads cross High Hazard areas, thin shrubby species to 50% of original cover within 30
feet of either side of the roads (in addition to (b), above).
Water Supply
(a) Regardless of size, all structures where humans congregate regularly that are located within
areas identified as containing "High Hazard" shall be required to install in-house sprinkler
systems that meet the standards of the local fire protection district and the adopted Building
Code.
(b) All structures greater than five thousand (5,000) square feet in size shall be required to install
in-house sprinkler systems that meet the standards of the local fire protection district and the
adopted Building Code. At building permit submittal, the local fire protection district may
require smaller structures to be sprinkled due to hazard considerations, emergency access
difficulties and lack of proximity to fire protection services.
(c) All portions of a 1- or 2-family dwelling shall be within 600 feet of a fire hydrant (IFC 2003,
508.5.1). Of note, the current hydrant distribution exceeds this requirement.
(d) Any fire department recommendation for individual structure water supply and storage shall be
accessible to fire department vehicles from the exterior of the structure through a Fire
Department approved mechanism (such as a fire hydrant).
(e) Some of the clustered sites will likely be held to the municipal water supply standard. This is
for a minimum fire flow of 1,000 gpm for 1- and 2-family dwellings under 3,600 square feet.
For residences over 3,600 square feet, minimum flow is 1,500 gpm and is calculated from IFC
table B105.1. These requirements may be reduced up to 50% for sprinklered buildings.
(f) Some sites have rural characteristics in terms of access, utilities, and housing density. If
Garfield County and the GSFPD agree that these sites are subject to standards for rural water
supply, then some fire hydrants may be located in strategic areas, which may be determined
adequate for fire department water supply.
Roofing Materials, Roofing Vents, and Projections at and Below Roof Line
Unless the Fire Marshall has recommended a different method of construction, roofs and projections at or
below roof line in Low, Medium, Medium-High and High Wildfire Hazard Areas shall be constructed
according to the following specifications:
(a) Low Hazard Area
1. Roofing Materials
a. Class A covering as defined by the currently adopted Building Code.
b. No wood shakes or shingles.
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c. All other adopted Building Code compliant methods and materials
permitted.
(b) Medium Hazard Area
1. Roofing Materials
a. Class A covering as defined by the currently adopted building code.
b. No wood shakes or shingles.
2. Roof Venting
a. Soffit venting shall be located in the outer 1/3rd portion of the overhang.
b. Attic, soffit and other roof venting shall be of non-corrosive metal mesh
with maximum ¼” openings.
3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
a. Sheath with non-combustible materials, or
b. Combustible materials underlain with 5/8” Type X gypboard or equal (e.g.,
DensGlass), or
c. Minimum 4x6 rafters with 2x T&G decking.
4. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
a. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings,
or equivalent log construction.
5. Other
a. Any methods approved for Severe Wildfire Hazard Areas may be used in
Medium Wildfire Hazard Areas.
(c) Medium-High and High Hazard Area
All requirements for Medium-High and High Wildfire Hazard Areas apply with the following
modifications:
1. Roofing Materials:
a. Non-combustible roofing, or Class A covering on a Class A assembly,
as defined by the currently adopted building code.
2. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
a. One (1) hour rated material or any material underlain by 5/8” Type X gypboard
or equal, or
b. “Type IV” Heavy Timber materials, per the currently adopted building code.
3. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
a. Construction with noncombustible or one (1) hour rated material, or
material with flame spread <25 (tested to ASTM E84 and listed for
exterior use),
b. Enclose projection vertically to ground with one hour fire resistive
materials. Decking as “a” above.
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4. Railings
a. Railings must be constructed of noncombustible or “Type IV” Heavy Timber
materials.
5. Exterior of the Structure, Including All Walls
a. One (1) hour fire resistive rated materials, or
b. 5/8” gypboard underlying combustible materials, or
c. Cement stucco, minimum ¾” thickness.
d. All windows/glazing to be tempered glazing; and
e. Doors to be metal or wood 1 ¾” thick minimum.
6. Foundations
Foundations, skirting, and crawl space openings shall be fully enclosed and constructed
with materials approved for one (1) hour fire-resistive construction on the exterior side
of the walls and shall extend from the top of grade to the underside of the floor decking
or walls.
(d) All Hazard Areas
Roofs with less than a 3:12 pitch are not permitted in Low, Medium, Medium-High or High
Wildfire Hazard Areas unless they comply with the following:
1. All roof coverings shall be constructed of non-combustible materials and installed on a
Class A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by
the Fire Marshall prior to submittal of a building permit application.
Maintenance and Miscellaneous Requirements
(a) Roofs and gutters shall be kept clear of debris.
(b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (¼)
inch maximum.
(c) Yards shall be kept clear of all litter, slash and flammable debris.
(d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
(e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
(f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
(g) Swimming pools and ponds shall be accessible by the local fire district.
(h) Fences shall be kept clear of brush and debris.
(i) Wood fences shall not connect to other structures.
(j) Fuel tanks shall be installed underground with an approved container.
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(k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed
with materials approved for two (2) hour fire-resistive construction on the exterior side of the
walls.
(l) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
(m) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non-combustible post.
During Construction & Implementation
(a) A means of communication for fire and emergency situations should be established. Cell
phones should be adequate if coverage is reliable, but during the site visit, it was noticed that
much of the project area does not have cell phone coverage.
(b) For emergency dispatching, physical address should be assigned at the
commencement of construction.
(c) Fuels management should occur adjacent to roads (to provide safe access/egress) and
infrastructure first. As homesites are developed, lot-level fuels mitigation may progress. The
HOA should provide for continued fuels maintenance along roads and around infrastructure
(including pump houses, water tanks, and other facilities) that would be needed in the event
of a wildfire.
Review Process
All development should be reviewed for compliance with this section. Along with a building permit
application, the property owner should submit a site plan that shows the mitigation set backs detailed in
this document, at the time of a building permit submittal.