DECLARATION of Conditions, Covenants, Restrictions
and Easements for GRAND VIEW RANCH, a Colorado
Common Interest Community
THIS DEC LARATION, made on this date hereinafter
set forth, by GRAND VIEW RANCH, L.P., a Colorado
limited partnership, ("Declarant"),
whose principal place of business is 23065
Bay Oaks Avenue, Parker, Colorado 80138.
RECITALS:
(a) Declarant is the owner of certain real
estate in the County of Grand, State of Colorado,
which is more particularly described as set
forth in Exhibit "A" attached hereto
and by reference made a part hereof (the
"Property"); and
(b) Declarant desires to create a Common
Interest Community on the Property, the name
of which is "Grand View Ranch",
in which portions of the Property will be
designated for separate ownership and the
remainder of which will be designed for common
ownership solely by the Association, as defined
below; and
(c) Declarant has caused to be incorporated
under the laws of the State of Colorado,
Grand View Ranch Property Owners Association,
Inc., a Colorado nonprofit corporation for
the purpose of exercising the functions as
herein set forth herein (the "Association").
ARTICLE 1 SUBMISSION; PURPOSE
1.01 Submission of Real Estate. Declarant
hereby declares that the Property shall be
held, sold and conveyed subject to the following
easements, restrictions, covenants, and conditions
which are for the purpose of protecting the
value and desirability of, and which shall
run with, the real estate and be binding
on all parties having any right, title or
interest in the real estate or any part thereof,
their heirs, legal representatives, successors,
and assigns and shall inure to the benefit
of each Owner thereof.
1.02 Common Interest Ownership Act. Declarant
hereby declares and asserts that the Property
qualifies as a "small and limited expense"
planned community under section 38-33.3116
of the Colorado Common Interest Ownership
Act (Colorado Revised Statutes; Section 38Declaration
-Page I
33.3-101, et seq.), as it may be amended
from time to time (the "Act").
Notwithstanding the above, certain provisions
of this Declaration refer and default to
the Act and to the limited extent so expressly
noted, the Act shall apply. In the event
the Act is repealed, the Act, on the effective
date of this Declaration shall remain applicable
(to the extent so expressly noted herein).
1.03 Purpose. It is in the intent of this
Declaration to protect and enhance the value,
desirability and attractiveness of the Property,
and to prevent the construction of improper
or unsuitable improvements thereon. It is
the further intent of this Declaration to
keep restrictions to a minimum while keeping
in focus the right of propeliy owners to
enjoy their property in attractive sun-oundings
free of nuisances, undue noise and danger.
Further, it is intended that the natural
environment within Grand View Ranch be disturbed
as little as possible.
ARTICLE 2 DEFINED TERMS
2.01 Defined Terms. Each capitalized term
not otherwise defined below or in this Declaration
or in the plat or map of Grand View Ranch
shall have the meanings specified or used
in, the Act. Additional defined terms are
as follows:
(a) "Association" shall mean the
Grand View Ranch Propeliy Owners Association,
a Colorado non-profit corporation.
(b) "Building" shall mean and include
any building constructed on a Lot.
(c) "Executive Board" shall mean
and include the body of individuals elected
to govern the Association pursuant to the
terms of the Association Bylaws.
Cd) "Lot" shall mean that parcel
of the Property owned by an Owner.
(e) "Member" or "Owner"
shall mean and include those persons entitled
to membership in the Association as provided
in this Declaration. "Member" and
"Owner" may be used interchangeably
herein, unless the context provides otherwise.
(f) "Plat" shall mean and refer
to the plat of the Property which was properly
recorded in Grand County, Colorado on _
(g) "Property" shall mean the real
property described in Recital (a) above and
Exhibit "A" set out below.
Declaration -Page 2
ARTICLE 3 NAMES; DESCRIPTION OF REAL ESTATE
3.01 Names.
(a) The name of the planned community situated
on the Property is "Grand View Ranch".
(b) The name of the Association is Grand
View Ranch Property Owners Association, [nc.,
a Colorado nonprofit corporation.
3.02 Real Estate. The Property is located
in Grand County, State of Colorado. The Property
is described on Exhibit "A". attached
hereto and incorporated herein.
ARTICLE 4 THE ASSOCIATION
4.01 Authoritv. The business affairs of Grand
View Ranch shall be managed by the Association.
The Association shall be governed by its
Bylaws, as amended from time to time.
4.02 Powers.
(a) The Association shall have all of the
powers, authority and duties permitted pursuant
to the Association's Bylaws and the Act necessary
and proper to manage the business and affairs
of Grand View Ranch.
(b) The Association may assign its future
income, including its rights to receive Common
Expense assessments, only by the affirmative
vote of at least 51 percent of the Members
present at a meeting called for that purpose.
4.03 Members. Every Owner of a Lot will automatically
be a Member of the Association and will be
required to remain a Member in good standing
as long as such Member is the owner of a
Lot.
4.04 Purpose. The purpose of the Association
is to exercise its authority, pursuant to
this Declaration and the Association's Bylaws:
(a) To enforce protective covenants.
(b) To assess and collect annual and special
assessments and dues from the Owners.
(c) To provide upkeep and improvements to
all private roads within Grand View Ranch
(and to the extent warranted pursuant to
any agreement with Grand County, Colorado,
to provide winter maintenance to Grand County
Road 20 from the boundary line ofGrand View
Ranch to u.S. Highway 40).
Declaration -Page 3
(d) To represent all Owners in matters of
mutual interest.
(e) To administer and lease grazing rights.
4.05 Declarant Control. The Declarant shall
have all the powers reserved in Section 38-33.3303(5)
of the Act to appoint and remove officers
and members of the Executive Board during
the peliod of Declarant Contro!. The period
of Declarant Control shall expire on the
date which is sixty (60) days after conveyance
of seventy-five percent (75%) of the Lots
that may be conveyed to Lot Owners other
than Declarant.
ARTICLE 5 LOT PARCELS
5.0t Number, Identification and Description
of Lot Parcels. The maximum number of Lots
in the project is seventeen (17) and the
identification, number and description of
each Lot is shown on the plat of Grand View
Ranch.
5.02 Common Area. All property in Grand View
Ranch which is not a part of any particular
Lot and which has not been previously dedicated
to a public authority shall be owned by the
Association for the use and benefit of all
Lot Owners (the "Common Area").
Currently the only portion of Grand View
Ranch which is deemed Common Area are the
private roads within such development.
5.03 No Subdivision. No Owner may subdivide
or attempt to subdivide a Lot.
ARTICLE 6 COVENANT FOR COMMON EXPENSE ASSESSMENTS
6.01 Creation of Association Lien and Personal
Obligation To Pav Common Expense Assessments.
Declarant, for each Lot, shall be deemed
to covenant and agree, and each Owner, by
acceptance of a deed therefore, whether or
not it shall be so expressed in any such
deed or other conveyance, shall be deemed
to covenant and agree, to pay to the Association
an Annual Common Expense Assessment ("Annual
Assessments"). The Annual Assessments,
including fees, charges, late charges, attorney
fees, fines and interest charged by the Association
shall be the personal obligation of the Owner
at the time when the Annual Assessment or
the charges became or fell due. The personal
obligation to pay any past due sums due the
Association shall not pass to a successor
in title unless expressly assumed by such
successors.
6.02 Lien Priority.
(a) The Annual Assessments of the Association
shall be a continuing lien upon the
Lot against which each such Annual Assessment
is made. A lien under this Declaration -Page
4
Section 6.02 is prior to all other liens
and encumbrances on a Lot except: (I) liens
and encumbrances recorded before the recordation
of the Declaration; (2) a first lien secUIity
interest on the Lot recorded before the date
on which the Annual Assessment sought to
be enforced became delinquent; and (3) liens
for real estate taxes and other governmental
assessment or charges against the Lot.
(b) This Section 6.02 does not: (1) prohibit
an action to recover sums for which this
Section 6.02 creates a lien or (2) prohibit
the Association ITom taking a deed in lieu
of foreclosure.
(c) The sale or transfer of any Lot shall
not affect the Association's lien except
that sale or transfer of any 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,
or any proceeding in lieu thereof, including
deed in lieu of foreclosure, nor cancellation
or forfeiture shall relive any Lot ITom continuing
liability for any Annual Assessments thereafter
becoming due, nor from the lien thereof.
6.03 Apportionment of Common Expenses. All
Annual Assessments must be fixed at a uniform
rate for all Lots. However, Declarant shall
be exempt from the payment of Annual Assessments
on all Lots which are owned by Delcarant
(whether the subject of contracts to purchase
with third parties or otherwise).
6.04 Purpose of Assessments. All Annual Assessments
levied by the Association (whether through
its Executive Board or otherwise) shall be
used for the purposes of promoting the health,
safety, and welfare of the residents in Grand
View Ranch and (to the extent applicable):
(a) To pay all charges for electricity attributable
to common lighting owned or operated by the
Association;
(b) To provide for the maintenance, repair
and replacement of the Common Area, including
but not limited to, landscaping and snow
removal on the Common Area;
(c) To pay premiums for all insurance which
the Association may deem advisable or necessary
to carry;
(d) To pay the Association's management expenses,
legal and accounting fees;
(e) To pay taxes and special assessments
levied against any property or property rights
owned by the Association;
(f) To create a reasonable contingency reserve
surplus and/or sinking fund; and
(g) To pay any other expenses and liabilities
which may be incurred by the Association
for the benefit of the Owners, under or by
reason of this Declaration or the Association's
Articles of Incorporation or Bylaws.
Declaration -Page 5
6.05 Annual Assessment/Commencement of Assessments.
The Annual Assessment shall be made on an
annual basis against all Lots. Annual Assessments
shall be collected annually, in advance,
or in such other manner as determined by
the Executive Board. Annual Assessments shall
begin and be collected at the closing of
a sale of any Lot and shall be pro rated
to the end of the calendar year. Subsequent
assessments shall be due and payable, annually,
on January 2nd of each following calendar
year,
6.06 Maximum Annual Assessment. Notwithstanding
any of the above:
(a) Until January I, of the year immediately
following the conveyance of the first Lot
to a Lot Owner, the maximum annual assessment
shall be Three Hundred NinetyFive Dollars
($395.00) per Lot (the "Maximum Annual
Assessment").
(b) After the first year immediately following
the conveyance of the first ,Lot, the Executive
Board may only increase the Maximum Annual
Assessment by an amount pennitted pursuant
to C.R.S. 38-33.3-I 16(3).
(c) In order to increase the Annual Assessment
to an amount greater than the Maximum Annual
Assessment, as may be adjusted pursuant to
subsection (b), above, the Executive Board
must have the approval of sixty-seven percent
(67%) of the Members who are voting in person
or by proxy, at a meeting duly called for
this purpose.
6.07 Special Assessments. In addition to
the Annual Assessments defined above, the
Executive Board may levy, in any assessment
year, a special assessment against all Lots,
applicable to that year only, for the purpose
of defraying in whole or in part the cost
of any construction, reconstruction, repair
or replacement of capital improvements and
related fixtures and personal property or
comprising a part of the Common Area; provided
in any fiscal year, special assessments which
exceed five (5%) of the Annual Assessment
may not be 'levied without a majority vote
of Owners present at a meeting called for
such purpose.
6.08 Effect of Non-Payment of Assessments.
Any assessment, charge or fee provided for
in this Declaration, or any quarterly or
other installment thereof, which is not fully
paid within thirty (30) days after the due
date thereof shall bear interest at the rate
of twenty-one percent (2 I%) per year, and
there shall be a Twenty Dollar ($20.00) late
charge for each installment of assessment
payment that is delinquent. 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 quarterly 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 therefore. Declaration -Page 6
ARTICLE 7 MAINTENANCE, REPAIR AND REPLACEMENT
The maintenance, repair and replacement of
the Common Area shall be the responsibility
of the Association. The Association shall
have the right to use, and pennit others
to use, easements through the Common Area
as may be reasonably necessary for the purpose
of discharging the Declarant's obligations
under the Act and this Declaration
ARTICLE 8 PROMOTION
8.01 Sales Offices. The Declarant shall have
the right to maintain sales offices and/or
management office on any unsold Lot or any
Common Area, but only until such time as
all Lots have been sold and all development
is complete.
8.02 Signage. The Declarant shall have the
right to maintain signs on any unsold Lot
or any Common Area to advertise the Lots
for sale.
ARTICLE 9 ALLOCATED INTERESTS
The undivided interest in the Common Area
and the votes in the Association shall be
fixed at a unifonn rate for all Lots. Specifically,
each Lot Owner will own an undivided 1/17ths
interest in the Common Area and each Lot
will have one (I) vote in the Association.
ARTICLE 10 RESTRICTIONS ON USE, ALIENATION
AND OCCUPANCY
10.01 Building Restt·ictions. Except as provided
in this Declaration to the contrary, the
following use restrictions shall apply to
all Lots and to the Common Area:
(a) Building Use and Type. All Lots shall
be restricted to single-family residential
use either as vacation homes or year round
dwellings (the "Primary Dwellings").
Auxiliary buildings or structures usual to
a residence may be erected or placed on a
Lot ("Auxiliary Structures"). Not
more than one dwelling shall be erected or
placed on any Lot except that one guest house
and one caretakers house may be erected in
addition to the Primary Dwelling and the
Auxiliary Structures. Private stable, shed
or animal shelter with no minimum dimensions
shall be pennitted provided such are not
used for any commercial purposes.
(b) Dwelling Size. No Primary Dwelling shall
be ere~ted or placed on any Lot unless that
dwelling has a ground floor area of not less
than 1,000 square feet; the guest house and
caretaker's house ground floor area shall
be of not less than 600 square feet exclusive
of garages, carports, open porches, patios,
or court areas unless such structure is given
plioI' written approval from the Association.
In addition, no Lot perimeter fencing is
to be erected until construction begins on
the Primary Dwelling.
(c) Setbacks. No structure may be erected
within one hundred (100) feet of the rightof-way
line of any road within Grand View Ranch
nor within one hundred (100) feet of any
side or rear line of any Lot. If a Lot Owner
owns continuous Lots and is building a single
Primary Dwelling on such combined Lots, this
restriction shall apply to the combined Lots
as a whole. For the purpose of these covenants,
eaves, steps and open porches shall be considered
part of such Primary Dwelling.
(d) Time Of Construction. Once "construction"
is started on a Lot (the "Construction
Commencement Date"), the Primary Dwelling
and all Auxiliary Structures must be completed
within twelve (12) months of such Construction
Commercement Date. For purposes of this subsection
(d), the commencement of construction on
a Lot shall occur upon any of the following:
(i) staking of a lot; (ii) grading of any
nature on a Lot, whether for a dwelling or
driveway; or (iii) staging of construction
matelials or equipment on a Lot.
(e) Earth Tone Construction. All improvements
and structures constructed on a Lot (house,
bam, garage, guest house, etc.) shall be
constructed of earth tone materials (logs,
natural stone, etc.) or finished in earth
tone colors (i.e., brown, gray, green, etc.).
Reflective materials are specifically prohibited.
The Architectural Committee described in
Article 11 shall approve any building plans
prior to their implementation.
(f) Lighting. Outdoor lighting will be designed
and used to comply with the spirit of "Dark
Skies" although Dark Skies standards
are not mandated. The Executive Board will
arbitrate complaints and decide when lighting
becomes a nuisance.
(g) Temporary Residences. No structure of
temporary character, recreational vehicle,
camper unit, trailer, basement, tent or accessory
building shall be used on any Lot as temporary
or permanent living quarters. Recreational
vehicles, camper units, tents may be used
for vacation camping for periods not to exceed
thirty (30) continuous days.
Declaration -Page 7
10.02 Use and Occupancy Restrictions. Except
as provided in this Declaration to the contrary,
the following use restrictions shall apply
to all Lots and to the Common Area:
(a) Building and Grounds Conditions. Each
Lot Owner shall prevent the creation of any
unclean, unsightly or unkept conditions or
building or grounds on or in the Lot which
tends to substantially decrease the beauty
of the neighborhood as a
Declaration -Page 8
whole or in the specific area. No building
material shall be stored on any Lot or the
Common Area, except temporarily during continuous
construction or repair of a building.
(b) Garage Doors. Garage doors shall be kept
closed except when being used to pern1it
ingress or egress to or from the garage.
(c) Maintenance Equipment. All maintenance
equipment shall be stored in an enclosed
structure or otherwise adequately screened
so as not to be visible from any neighboring
property or road.
(d) Clotheslines. All outdoor clothespoles,
clotheslines or other facilities for drying
or airing ofclothing or household goods are
prohibited.
(e) Refuse. No ashes, trash, rubbish, garbage,
grass or shrub clippings, scrap material
or other refuse, or receptacles or containers
therefore, shall be stored, accumulated or
deposited outside or so as to be visible
from any neighboring property or road, except
during refuse collections. No part of any
Lot above or below ground shall be used or
maintained as a dumping ground for rubbish,
trash, garbage, debris or other waste. All
rubbish, garbage or other waste shall be
consolidated away from homes in a central
location and disposed of in a sanitary manner.
All containers shall be bear-proof and kept
in a clean, sanitary condition. Reasonable
preventions shall be taken against fire hazards
and no outdoor burning of any kind shall
be pennitted upon the premises (except for
cooking) unless in an approved incinerator
with ash control.
(f) Nuisances. No noxious or offensive activity
shall be carried on upon any Lot or the Common
Area or anything done thereon tending to
cause embarrassment, discomfort, armoyance
or nuisance within Grand View Ranch. No offensive
or hazardous activities may be carried on
in any Lot or the Common Area. No annoying
lights, sounds or odors shall be pennitted
to emanate from any Lot or the Common Area.
(g) Sound Devices. No exterior speakers,
horns, whistles, bells or other sound devices
except security devices used exclusively
for security purposes shall be located, used
or placed on any Lot or the Common Area.
(h) Animals. Domesticated, non-exotic animals
are pennitted within Grand View Ranch subject
to the telms of this Declaration. All dogs
shall be physically restrained. Pet food
may not be exposed or stored outdoors. Feeding
of wildlife, including hummingbirds, squirrels,
etc. is prohibited. Commercial feedlots and
swine are prohibited. No exotic animals (such
as lions, tigers, snakes, etc.), shall be
maintained in or on any Lot. No animal of
any kind shall be pennitted which in the
opinion of the Association makes an unreasonable
amount of noise or odor or is a nuisance.
No animals shall be kept, bred or maintained
on a Lot or within Grand View Ranch for any
commercial purposes.
Dec laration -Page 9
(i) Trailers, Campers, etc. No boat, trailer,
camper (on or off supporting vehicles), tractor,
commercial vehicle, mobile home, motorcycle,
any towed trailer or truck, (excepting only
pickup trucks solely for the private use
of the residents of a Lot), shall be parked
overnight on any road or within any Lot or
building site except in a completely enclosed
structure. Motor homes (or RV type recreational
vehicles), if not completely enclosed, may
be parked on a Lot if prior written consent
is granted by the Executive Board (which
consent may be withheld, conditioned or delayed
in its discretion). If any such vehicle is
not removed from the Lot or placed in a completely
enclosed structure, within three (3) days
after notice is delivered to the Lot Owner,
then Declarant and/or the Association shall
have the right, but not the obligation to
enter the Lot in question, remove or cause
to be towed the offending vehicle, and store
such vehicle. Declarant and the Association
shall not be liable for any losses, costs
or damages to any Lot Owner or the owner
of the vehicle on account of such removal
of the offending vehicle, except for any
such loss, cost or damage caused by Declarant's
or the Association's gross negligence or
willful misconduct. Declarant and the Association
may delegate their entry and removal rights
hereunder to agents and independent contractors.
In the event Declarant or the Association
elects to remove a vehicle pursuant to this
section, Declarant or the Association will
submit to the Owner and/or to the owner of
the vehicle, a written statement of the costs
incurred by Declarant or the Association
in removing the vehicle. Such costs shall
be paid to Declarant or the Association within
twenty (20) days after delivery of such notice.
If the costs of Declarant or the Association
have not been paid after expiration of such
twenty (20) day period, Declarant or the
Association may there after record a lien
against the Lot involved for all costs (including
reasonable attorney's fees) incurred by Declarant
or the Association in removing and storing
the vehicle and in collecting such costs
and foreclosing upon the lien, which lien
shall be junior to all other liens or encumbrances
of record with respect to the Lot on the
date this lien is recorded. This lien may
thereafter be foreclosed upon in the manner
provided by Colorado law for foreclosing
upon real estate mortgages. This lien shall
provide that all sums expended by Declarant
or the Association in foreclosing the lien
and collecting the amounts due Declarant
or the Association (including reasonable
attorneys' fees) shall be additional indebtedness
secured by the lien.
U) Junk Cars. No snipped down, partially
wrecked or junk motor vehicle or part thereof,
shall be pennitted to be parked on any road
or on any Lot in such a manner as to be visible
at ground level from any neighboring property
or road.
(k) Vehicle Repairs. No maintenance, servicing,
repair, dismantling or repainting of any
type of vehicle, boat, machine or device
may be carried on within a Lot except within
a completely enclosed structure which screens
the sight and sound of the activity from
the street and from adjoining property.
(I) Signs. The only signs pennitted on any
Lot or structure shall be: Declaration -Page
10
(i) one sign of customary size for offering
of the signed property for sale. Such sign
shall be placed on the ground directly outside
of the main dwelling and shall not be mounted
on such structure or displayed in a window
of such structure;
(ii) one sign of customary size for identification
of the occupant and address of any main dwelling;
(iii) multiple signs for information, sale,
administration and directional purposes installed
by, or with the permission of Declarant dUling
development and sales of Lots and project
identification signs installed by Declarant
(or other signage otherwise pennitted by
Article 8, above);
(iv) signs as may be necessary to advise
of rules and regulations or to caution or
warn of danger;
(v) such signs as may be required by law;
and
(vi) signs approved by the Architectural
Committee.
(m) Solar Collectors. Solar collectors or
other devices are permitted so long as they
are designed and installed to blend in with
the overall architecture of other improvements
on a Lot. Any roof or wallmounted collectors
or solar devices must be built-in to the
roof or wall, be flush with, and of the same
pitch as, the adjacent portions of the building,
and be architecturally compatible with the
building upon which they are affixed. Plans
for any such solar collectors or other devices
must be submitted to the Architectural Committee
for its review and approval prior to installation.
If the Architectural committee disapproves,
the party requesting approval may modify
its plans to eliminate the Architectural
Committee's objections and resubmit them
for approval. If any such solar collectors
or other devices are installed without the
approval of the Architectural Committee,
then Declarant and/or the Association shall
have, with respect to such solar collectors
or other devices, the right, but not the
obligation, to enter the Lot in question
and remove the solar collector or other device.
Declarant and the Association shall not be
liable for any losses, costs or damages to
any Lot Owner on account of such removal
of the fending device, except for any such
loss, cost or damage caused by Declarant's
or the Association's gross negligence or
willful misconduct. Delcarant and the Association
may delegate their entry and removal rights
hereunder to agents and independent contractors.
In the event Declarant or the Association
elects to remove a device pursuant to this
subsection (m), Declarant or the Association
will submit to the Lot Owner from which the
device was removed, a written statement of
the costs incurred by Declarant or the Association
in removing the device. Such costs shall
be paid to Declarant or the Association within
twenty (20) days after delivery of such notice.
If the Lots of Declarant or the Association
have not been paid within such twenty (20)
day time
Declaration -Page II
period, Declarant or the Association may
thereafter record a lien against the Lot
involved for all costs (including reasonable
attorneys' fees) incurred by Declarant or
the Association in removing the device and
in collecting such costs and foreclosing
upon the lien, which lien shall be junior
to all other liens or encumbrances of record
with respect to the Lot on the date this
lien is recorded. This lien may thereafter
be foreclosed upon in the manner provided
by Colorado law for foreclosing upon real
estate mortgages. This lien shall provide
that all sums expended by Declarant or the
Association in foreclosing the lien and collecting
the amounts due Declarant or the Association
(including reasonable attorneys' fees) shall
be additional indebtedness secured by the
lien.
(n) Property Uses. All Lots shall be used
exclusively for private residential purposes.
No business, profession or other activity
conducted for gain shall be carried on or
within any Lot except as provided in Section
8.01. No commune, co-operative or similar
type living arrangement shall be permitted
on any Lot.
(0) Hunting. Hunting is strictly prohibited
within Grand View Ranch as well as on any
Lot. Target shooting using a legal fireann
is pennitted provided such activity is conducted
within a safe and prudent distance from any
adjacent Lot or Structure and in accordance
with applicable law. Target archery shall
be exempted from the prohibitions set out
above.
10.03 Restrictions on Alienation. A Lot may
not be conveyed pursuant to a time-sharing
arrangement described in Sections 38-33-110
to 113, Colorado Revised Statutes. A Lot
may not be leased or rented except upon the
prior written consent of the Executive Board.
ARTICLE 11 ARCHITECTURAL CONTROL COMMITTEE
11.01 Membership.
(a) The Executive Board, at its discretion
but many event upon the completion of the
sale by Declarant of thirteen (13) Lots,
shall appoint an Architectural Control Committee
(the "Architectural Committee")
which may be composed of three (3) or more
Lot Owners. In the event no such committee
is ever fonned, the Executive Board shall
constitute the Architectural Committee and
shall have all of the duties and responsibilities
of said Architectural Committee as set forth
herein.
(b) In the event of death, disability, or
resignation of any member of the Committee,
the Executive Board shall have full authority
to designate a successor or successors.
11.02 Evidence of Action. The Architectural
Committee's approval or disapproval as required
in this Declaration shall be in writing,
as indicated by the signatures of a majority
of the committee members. The Architectural
Committee shall not be required to maintain
records of Declaration -Page 12
plans submitted. Approval by the Architectural
Committee shall be conclusive evidence of
compliance with these covenants provided
that the improvements are constructed in
substantial compliance with the plans as
approved. In the event the Architectural
Committee fails to approve or disapprove
a proposal within forty-five (45) days after
plans and specifications have been submitted
to it and the submission is evidenced by
a certified or registered main receipt, such
plans and specifications will be deemed approved.
11.03 Duties. The Architectural Committee
shall act upon and approve or disapprove
any and all matters to be submitted to the
Architectural Committee pursuant to any of
the provisions of these covenants and shall
have all the duties and powers as are hereinafter
provided and set fOlih. Neither the members
of the Architectural Committee nor its designated
representative shall be entitled to any compensation
for services perfonned, nor shall the Committee
or any member thereof be liable, in any matter,
for any action or failure of action done
in good faith arising out of their service
on the Committee.
11.04 Approval of Plans.
(a) All plans and specifications in cOlmection
with the construction of any residence (whether
a Primary Dwelling or otherwise), pool, fence,
wall, driveway, or other structure, and in
connection with any exterior maintenance
and remodeling of any residence or other
sbucture ("Sbucture Work") shall
be submitted to the Architectural Committee
or its designee for approval prior to commencement
of same.
(b) The plans and specifications for any
Structure Work must include the nature, kind,
shape, height, materials and location, the
exterior design, the exterior materials to
be used, the color scheme, the site plan,
the location of the driveway and plans for
the proper drainage with respect to adjacent
Lots (the "Plans").
(c) In approving the Plans, the Architectural
Committee may take into consideration whether
the Sbucture Work and the materials of which
it is to be built are reasonably suitable
for the Lot and Grand View Ranch, in general,
the hannony thereof with the surroundings,
and the effect of the Structure Work on the
outlook from adjacent or neighboring property.
The Architectural Committee shall, in the
exercise of its judgment and detennination,
use reason and good faith.
(d) The Architectural Committee shall also
take into consideration the general theme
of the Grand View Ranch community.
(e) The Architectural Committee shall not
be responsible for any structural defects
in the Plans or in any Sbucture Work erected
according to the Plans.
11.05 Rese.·ved Right of the Declarant. Notwithstanding
the above, during the period of Declarant
Control, Declarant shall have the right to
appoint the members of the Architectural
Committee and to fill any vacancies therein
created. The restrictions contained in the
Article shall have no application to the
development, improvement, maintenance or
repair of the Declaration -Page 13
Property by Declarant or the Association,
and neither the Executive Board nor the Architectural
Committee shall have any power or authority
to review or require modification to plans
and specifications for construction or installation
of improvements by the Declarant.
11.06 Binding Agreement to Pay Legal Costs.
In the event that an Owner shall dispute
the detennination of the Architectural Committee
and files a lawsuit to ovelTule, vacate or
otherwise mitigate the effect of any determination
of the Architectural Committee, or if an
Owner fails to submit for approval any Modifications
as required by these covenants; then the
Owner and the Association are hereby bound
to the agreement that any and all costs,
including reasonable attorney fees, associated
with the institution and defense of such
a suit, shall, to the extent peJl11itted
by a court of competent jurisdiction, be
paid to the prevailing party by the losing
party.
11.07 Variance. The Architectural Committee
may grant reasonable variances or adjustments
from any conditions or restrictions imposed
by this Declaration. Such variances or adjustments
shall only be granted if it is not material,
detrimental or injurious to the remaining
Owners, and shall not defeat the general
intent and purpose hereof.
ARTICLE 12 INSURANCE
12.01 Common Area. The Association shall
be responsible for and shall procure fire
(if applicable), all-risk coverage and/or
commercial general liability insurance in
connection with the Common Area in such amounts,
coverage scope and under a policy or policies
of insurance with such company or companies
and for such premiums and periods all as
the Association may determine to be appropriate.
Such policy or policies shall provide that
any loss thereunder shall be payable to the
Association as insurance trustee under this
Declaration.
12.02 Lot Dwelling Coverage. Each Owner shall
be responsible for insurance of any dwelling,
building, or personal property located in
or on a Lot at full replacement cost. A detennination
of full replacement cost shall be made annually
by one or more written appraisals performed
by a person knowledgeable of replacement
costs, and the insurance coverage shall be
modified accordingly. Owners may carry other
insurance for their benefit and at their
expense, provided that all such policies
shall contain waivers of subrogation, and
provided further that the liability of the
carriers issuing insurance obtained by the
Association shall not be affected or diminished
by reason of any such additional insurance.
12.03 Rebuilding of Damaged Building. Except
as provided in Section 12.04, in the event
of damage to or destruction to a dwelling
situated on a Lot by fire or any other casualty,
the Owner, within a reasonable time, shall
repair or rebuild the same in a workman-like
manner with materials comparable to those
used in the original structure and in conformity
in all respects with the laws or ordinances
regulating the construction of buildings
in force at the time of such repair or reconstruction.
Such dwelling, when rebuilt or repaired,
shall be substantially similar to, and its
architectural design and landscaping shall
be in conformity with the design of the OIiginal
dwelling and the surrounding buildings which
are not so damaged or destroyed. The Owner
Declaration -Page 14
shall not be relieved of this obligation
to repair or rebuild by the fact that the
proceeds received from the insurer are not
sufficient to cover the cost thereof.
12.04 Waiver of Subrogation. The Association
and each Owner hereby waive and release any
and all claims which they may have against
any Owner, the Association, its officers,
members of the Board, its employees and agents,
for damage to the Common Area or to any personal
property located on the Property, covered
by any casualty insurance. Mortgagee endorsements
shall be made when the Owner's interest is
subject to an encumbrance.
12.05 Insurance for the Association. The
Association shall be empowered to obtain
insurance coverage for loss, liability, and
damage as deemed appropriate by a majority
of Owners.
12.06 Limitation on Liability of Association.
Notwithstanding the duty of the Association
to maintain and repair the Common Area, the
Association shall not be liable for injury
or damage, other than the nOlmal costs of
the maintenance and repair, caused by any
latent condition of the Common Area or by
the conduct of another Owner or persons or
by casualties for which insurance pursuant
to this Declaration is not required, or for
which insurance is not provided by the Association.
ARTICLE 13 EASEMENTS, LICENSES, AND GENERAL
PROVISIONS
13.01 Recording Data. All easements and licenses
to which Grand View Ranch is presently subject
are set on the plat map of Grand View Ranch
filed and recorded in the Office of The Clerk
and Recorder, Grand County, Colorado. In
addition, Grand View Ranch may be subject
to other easements or licenses granted by
the Declarant pursuant to this Declaration.
13.02 Easements. A ten (10) foot utility
easement is hereby set aside on each side
of all side and common rear Lot lines and
a twenty (20) foot utility easement is hereby
set aside on the interior side of all exterior
Lot lines exclusive of road frontages. All
future electric and phone lines shall be
extended underground, excepting that the
Association or Executive Board may approve
overhead lines where the terrain would make
the placement of underground lines difficult.
Easements for installation and maintenance
of utilities, roadways and such other purposes
incidental to development of a Lot as reserved
and shown by notes on the recorded plat of
Grand View Ranch will be kept open and readily
accessible for use service and maintenance.
13.03 Underground Utility Lines. A Lot Owner
shall ascertain the location of underground
utility lines existing in relation to a Lot.
If a contractor, acting on behalf of a Lot
Owner, causes interruption of power to an
occupied dwelling by severing the underground
power line, a penalty of Two Hundred Dollars
($200.00) shall be paid to the Association
by such Lot Owner. If the power interruption
continues for more than four (4) hours, the
penalty shall be increased by Fifty Dollars
($50.00) per hour for every hour or part
of the interruption in excess of four (4)
hours. Such penalty shall be applicable seven
(7) days a week, twenty-four (24) hours a
day.
Declaration -Page 15
ARTICLE 14 GENERAL
14.02 Covenants are Cumulative. Each of the
covenants set out in this Declaration is
cumulative and independent and is to be constlUed
without reference to any other provision
dealing with the same subject matter or imposing
similar or dissimilar restriction. A provision
shall be fully enforceable although it may
prohibit an act or omission sanctioned or
pem1itted by another provision.
14.03 Waivers. Except as this Declaration
may be amended or telwinated in the manner
hereinafter set forth, they may not be waived,
modified or tenninated and a failure to enforce
shall not constitute a waiver or impair the
effectiveness or enforceability of this Declaration.
Every person bound by this Declaration is
deemed to recognize and agree that it is
not the intent of this Declaration to require
constant, harsh or literal enforcement of
the tenns set out herein as a requisite of
their continuing vitality and that leniency
or neglect in their enforcement shall not
in any way invalidate this Declaration or
any party of them, nor operate as an impediment
to their subsequent enforcement and each
such person agrees not to plead as a defense
in any civil action to enforce this Declaration
that this Declaration has been waived or
impaired or ~therwise invalidated by a previous
failure or neglect to enforce them.
14.04 Enforcement The covenants set out in
this Declaration are for the benefit of the
Lot Owners, jointly and severally, and the
Association and may be enforced by action
for damages, suit for injunction, mandatory
and prohibitive, and other relief, and by
any other appropriate legal remedy, instituted
by one or more Lot Owners, or the Executive
Board, or any combination thereof. Until
ten (l0) years after this Declaration is
filed of record, or when Declarant owns no
property within the Grand View Ranch development,
whichever is sooner, Declarant may also enforce
this Declaration in the manner pennitted
above. All costs, including reasonable attomey's
fees, incurred by the Executive Board in
connection with any successful enforcement
proceeding initiated by them (alone or in
combination with Owners) or, during the period
it is pennitted to enforce this Declaration,
incurred by Declarant, shall be paid by the
party detennined to have violated this Declaration.
Any party exercising its right to enforce
this Declaration shall not be required to
post any bond as a condition to the granting
of any restraining order, temporary or pennanent
injunction or other order. The rights and
remedies for enforcement of this Declaration
shall be cumulative, and the exercise of
anyone or more of such rights and remedies
shall not preclude the exercise of any of
the others.
14.05 Duration of Restrictions. Unless sooner
tenninated as provided in this Declaration,
the restrictions and other provisions are
set forth in this Declaration shall remain
in force until the Year 2016 and shall be
automatically renewed for successive periods
of ten (10) years unless before the Year
2016 or before the end of any ten (10) year
extension, there is filed for record with
the Clerk and Recorder of Grand County, Colorado
an instrument stating that extension is not
desired, signed and acknowledged by a majority
vote of the Owners.
14.06 Amendment and Extensions. From time
to time anyone section of this Declaration
may be amended or a new section may be added
to this Declaration by an instrument signed
and
Declaration -Page 16
acknowledged by the holders of at least two-thirds
(2/3) of the votes of the Owners and filed
for record with the Clerk and Recorder of
Grand County, Colorado.
14.07 Severability. If any provision of this
Declaration shall be held invalid or become
unenforceable, the other covenants set out
herein shall not be affected or impaired
but shall remain in full force and effect.
14.08 Notices. Any writing or notice, including
but not limited to any communication from
the Executive Board to a Lot Owner, shall
be sufficiently served if delivered by mail
or otherwise to the most recent address of
which the Association has a record for such
Owner.
14.09 VA/FHA Approvals. Declarant reserves
the right to amend this Declaration as may
be required in order to obtain VA or FHA
approval of the Grand View Ranch development.
IN WITNESS WHEREOF, the Declarant has caused
the Declaration to be executed this ___ day
of , 2006.
DECLARANT:
GRAND VIEW RANCH, L.P., a Colorado limited
partnership
By It's General Partner:
GRAND RIVER DEVELOPMENT, LLC, a Colorado
limited liability company
BY:_~~~~::stafir;;d
Printed Name: Trenton V. Stafford Title:
Manager
Declaration -Page 17
This document was acknowledge before me this
day of , 2006, by Trenton V. Stafford, President
of Grand River Development, LLC, a Colorado
limited liability company, sole General Partner
of Grand View Ranch, L.P., a Colorado limited
partnership.
Witness my hand and official seal. My commission
expires: '
Notary Public
Declaration -Page 18