TD~BERI]~J~E
RANCH
(f~m,erly known as Chimney Ranch)
This ~mmnded D~claratlonof Protective Covenants is made by Chimney
Ram=h, Ltd., a Coloredo limited partnership, hereaEter reEerred to as
"~az~nt m, On this 29th day Of June, 1984. This Declaration anends
the ~e.laratlonof Prptectlve Covenants of T/mber~ale Ranch, recorded at
R~:m~tlon No. 496543 of the rt~ords of La Plata County, Coloredo.
Pursuant to the pour to amend granted in Article XII, Section 2,
OE the Dmr/aration of Protective Covenants recorded at Reception No.
496543 of the records of La Plata Cot~ty, Colorado, Section I0 of
Artlc~e III is hereby repealed and the follcwing Section is a~ded in its
Section i0. SANITARY SYSTEM COVENANT. It is hereby
~,an~and agree~ by £he Da:lar~t, i£s’he/£s, successo=s and
assigns, that ~n the event the 1~r authorities of the Cotmty of La
Plata shall ~etez~Ine that the surface and subsurface %ater in the area
~s be~g oontamlnated by the ~se of septic tanks or other sewage
disposal systems in the area, the owners of the properties in the
¯ t~wlslon shall install, at their expense on a per lot basis, a
private central sewage disposal system. ~his is a covenant running with
the land.
E~cept as speclf~cal~y a~ended hereby, all other covenants shall
~m~In in full force and effect.
CHIMNEY RANCH, LTD., a Colorado
limited partnership
B~ert E. Sro~
general partner
WENDELL M. A~WiSC~
ELIZABETH
~ LIVING
~ AEt%I~N
TI~ST
State of Colorado. CoUnty of La Plata
Recorded March 12. 1984
Reception No. 496543
DECLARATION
OF PROTECTIVE
TIMBERDALE
(Formerly
COVENANTS
RANCH
known as Chimney
Ranch)
THIS DECLARATION of Protective Covenants is made by
CHIMNEY RANCH, LTD., a Colorado Limited Partnership (hereinafter
referred to as "Declarant"), on this
12th day of March
,
19 84 . This Declaration
supersedes and replaces The Chimney
Ranch Protective Covenants which were~ recorded April 26, 1972,
under Reception No. 370286 of the Records of the Clerk and ........
~
Recorder of La Plata County, Colorado, and any amendments or
supplemental declarations subsequent thereto.
~’ ~
RECITALS:
i. Declarant is the owner of all of the real propertyi~’~
previously described as Chimney Ranch with the exception of ."~.i!
certain lots which have been previously conveyed. The real ~ ~
property which previously constituted Chimney Ranch is described
in the amended Plat thereof filed for record April 26, 1972~,’~as~.’
Reception No. 370285 in the office of the Clerk and Recorder of La
Plata County, Colorado, as corrected by correction plat recorded ’
on March 12
, 1984, as Rec’eption No. 496542
, in the
office of the Clerk and Recorder of La Plata County, Colorado~:A’~
correction, plat has been recorded with the Clerk and Recorder~’S !i.
,
office with said plat changing the name of this subdivision to
"Timberdale Ranch". In this Amended Declaration, said property ’is
now referred to as "Timberdale Ranch" and such Subdivision Plat is
referred to as the "Plat".
~. ..... ~ ~
2. There has been heretofore
filed a Declaration’of
Protective and Restrictive Covenants (Reception No. 370286
Plata County Records) and Declaration of Amended Protective and
Restrictive Covenants (Reception No. 438634 of La Plata County
Records) on the subject property and Declarant is desirous of
substituting this Declaration of Protective Covenants in. place
all
prior
Declarations
and
Amendments.
.
3. Declarant will convey property within Timberdale Ranch
subject to these covenants and the conditions,
restrictions,
reservaEions,
easements, liens and charges as hereinafter
set
forth.
NOW, THEREFORE, Declarant hereby declares that the
property comprising Timberdale Ranch shall be held, sold and
conveyed subject to the following covenants, conditions,
restrictions,
reservations and easements, all of which are
declared and agreed to be for the protection of the value of
property in Timberdale Ranch and for the benefit of any person
having any right, title or interest in said property, and which
shall be deemed to run with the land and shall be a burden and
benefit to any person acquiring such interest, their grantees,
successors, heirs, legal representatives and assigns.
DEFINITIONS
Section i. General. As used in this declaration
the
words and terms defined in the following sections of this article
have the meanings therein set forth unless the context clearly
indicates otherwise.
Section 2. Architectural
Standa~¢s..¢ommittee
or
Commltte~ shall mean and refer to the Architectural
Standards
Committee for Timberdale Ranch established by Article V of this
declaration.
~_~_¢tion 3. Association shall mean and refer to the
Timberdale Ranch Owners’ Association.
Section 4. ~issessments shall mean charges payable by
owners to the Association
as established
by the Association.
Such
assessments shall include regular assessments, special assessments
and individual assessments.
Section
5. Board of Directors
or ~ shall mean and
refer to the Board of Directors of the Association as constituted
from time to time.
Section 6. By-Laws shall mean the by-laws
Association as amended from time to time.
adopted
by the
Section 7. Timberdale Ranch shall mean and refer to the
Timberdale Ranch SUbdivision, previously recorded as "Chimney
Banch" according to the Amended Plat thereof filed with the Clerk
and Recorder of La Plata County, Colorado, on April 26, 1972, as
!;~;~Receptlo, No. 370285, and the correction plat of Timberdale Ranch
recorded on
, 1983, as.Reception No.
~Ith the Clerk and Recorder of La Plata County, Colorado.
Section 8~ Common Ar~a shall mean the portions of
Timberdale Ranch to be owned and controlled by one Association,
including all roads platted thereon, the area designated as
"Lake", and the areas designated as "Green Belt", all as provided
in Section 4, Article II, hereof.
Colorado
Section
limited
9~ Declarant
partnership.
shall mean Chimney
-2-
Ranch,
Ltd., a
Section i0. Declaration
shall mean this document of
Amended Declaration of Protective Covenants.
The word
"covenants" may be used interchangeably
and shall mean the same as
the word "declaration".
Section
and Declarant.
ii.
~i~
shall
mean
and
refer
to
every
owner
Section 12. Mort~aae shall mean an encumbrance
upon
property securing a debt or obligation of the owner of the
property and may be in the form of a deed of trust, mortgage or
other similar encumbrance.
First mortgage shall be a mortgage
which has a first and paramount priority under applicable~law.
Section
mortgage
13. Mortaa~ee
as
defined
shall mean the holder of a
.herein
....
~
Section 14. Owner shall mean and refer to the record
owner, whether one or more persons or entities, of any individual
property within Timberdale Ranch, excluding those having an
interest under a mortgage. For the purpose of this declaration,
any person holding a purchaser’s interest under a contract of sale
for a property under which such person has the right to possession
of the property shall be considered to be the owner of such
~roperty and in such case the seller, under such contract of sale,
shall not be considered to be the owner.
Section 15. Plat shall mean and refer to the amended
plat of Chimney Ranch filed for record April 26, 1972, as
Reception No. 370285 in the office of the’ Clerk and Recorder of La
Plata County, Colorado, and the correction plat of Timberdale
Ranch recorded on March 12
, 1984, as Reception No.496542
,in the office of the Clerk and Recorder of La Plata County,Colorado.
Section 16. Residence shall
and occupied as a home or dwelling.
residence
as such.
mean a structure
Sect~o~ 17. Single ~amily Residence shall
designed for occupancy by a single family
Section 18. Subdivision
shall
Subdivision according to the plat.
designed
- .... -
mean a
and occupied
mean the Timberdale
Ranch
Section
~9. Q_~ Other terms may be defined
in
specific provisions contained in this declaration and shall have.
the meaning assigned by such definition.
-3-
SCOPE OF DECLARATION
I
Section i. Property Subiect to Declaration.
Declarant,
as the principal owner of fee simple title to all of the property
constituting Timberdale Ranch, expressly intends to and by the
execution and recording of this Declaration does hereby subject
all properties in Timberdale Ranch to the provisions of this
Declaration.
’!. ’~
Section 2, Conveyances Subject to Declaration. All
eaaements, restrictions,
conditions, covenants, reservations,
liens, charges, rights, ben~flts and privileges which are granted,
.created, reserved or declared by this Declaration
shall be deemed
. ~ito be covenants appurtenant, running with the land, and shall at
. iall times inure to the benefit of and be binding onany person
~ ~havlng at any time any interest or estate in any property in
Timberdale Ranch and their respective heirs, successors,
representatives
and assigns. Reference in any deed of conveyance,
lease, mortgage, deed of trust or other evidence of obligation or
’other instrument to the provisions of this Decaration shall be
~Sufflclent to create and reserve all of the easements,
zestrictlons, conditions, covenants, reservations, liens, charges,
[ rights, benefits and privileges which are granted, created,
~reserved or declared by this Declaration as fully and completely
i~i,~ aa though they were set forth in their entirety in any such
~document.
Section 3. Purpose. This Declaration
is executed in
’ ~iII ~’,
Order to promote the plan for development
of the Subdivision;
to
protect the owners of the lots in Timberdale Ranch against such
-~Improper use of surrounding
lots as will depreciate the value of
i~/their property; to prevent unnecessary removal of trees; to
prevent the erection of structures built of improper or unsuitable
-materials;
to insure the highest and best use and development
of
/ Timberdale Ranch; to encourage and secure the erection of
"attractive dwellings thereon, and in general to provide adequately
[for a high type and quality of improvements in Timberdale Ranch.
!
Section 4. Plan of Development.
The Plat divides
Timberdale Ranch into lots, areas designated on the Plat as "green
belt" and roadways which service and provide access to the lots
and other areas in Timberdale Ranch. Declarant will convey the
remaining lots in Timberdale Ranch to purchasers to De usea as
sites for residences and other improvements
constructed and
occupied in accordance with this Declaration.
The Association
will govern use of and activities on the roads and common area,
will maintain such roads and common area and will also have other
responsibilities,
duties and functions as set forth in this
Declaration.
Section 5. Owners Rights Subject to the ProvlsiQns
this Declaration,
Each owner shall own his lot in fee simple for
use as the site of a Single family residence and shall have full
and complete dominion thereof, subject to the provisions of this
Declaration.
REGULATIONS
ON RESIDENTIAL
TRACTS
~
SectioD i. Improvements.
No improvements
shall be
erected on any lot in Timberdale Ranch in violation of any
provisions of this Declaration and improvements
may be constructeO
.~,
or erected on lots only after approval by the Architectural ~ ~.
Standards Committee as provided in this Declaration.
No more~tha~
~
one detached single family dwelling house may be constructedlon~
any lot. All construction
and alteration work shall be prosecuteO
diligently and each h~ilding structure or improvement which is
commenced on any resi]ential tract shall be entirely completed on~
year after commencement of construction.
~
Section 2. Towers and Antennae. No antennae or similar
device for-radio, television or other electronic transmisslon or
reception shall be placed upon any property within Timberdale
Ranch, the height of which antennae or similar device exceeds
height of the tallest trees growing or the highest
constructed within a one hundred (I00) foot radius of such~radlo
antennae or device, whichever is greater. Nothing herein.
contained however, shall be construed to exclude or prohibit the
construction
of one community television receiving and.
retransmitting
antennae, such antennae to provide service to[~
Timberdale Ranch and to the countryside surrounding said ~ > ,~
Timberdale Ranch.
~ ~
Section 3. Trees and Landscaping,
No trees or perennial
bushes,except
for Colorado Oak, exceeding twelve (12) feet
height may be cut or removed and no grading of the land surface’
shall be done except by written approval by the Architectural ~
Standards Committee. Application
for such approval shall be
accompanied by such drawings, plans or photographs as may be
required by.the Committee to acquaint it with the nature of’the’
proposed grading or cutting.
The Plans to be submitted for approval by the
Architectural Standards Committee shall include a plan deslgnatin~
any landscaping
proposed
to be installed
by the Owner. Such
landscaping plans shall further describe any existing landscaping
which the Owner proposes to remove. No improvements
on anM lots
shall be occupied without written permission of the Association
until all landscaping work shown on the approved plans and
required by the Architectural Standards Committee has been
installed. All owners shall be required to maintain in good
condition all landscaping on such owner’s lot.
Section 4. Dangerous intersections
between p~blic and
private roads shall be avoided. Approval of applications
for
approval of tree or brush cutting or grading of the land surface
may be conditioned upon appropriate
drainage facilities, including
culverts to be installed at the applicant’s expense.
Section
5. ~ Any tank used in connection
with any
:dwelling house or other structure on any residential tract,
including tanks for storage of gas, fuel oil, gasoline, oil and
rwater, shall be burled or, if located above ground, the location
and:screening
shall be as determined and approved by the
[Architectural
Standards Committee.
~_:
.
Section 6. Used or Temporary Structures. No used or
previously erected or temporary, house, structure, house trailer,
camper, automobile or nonpermanent outbuilding shall ever be
placed, erected o~ allowed to remain on any residential tract, and
no.dwelllng house shall be occupied in any manner prior to its
completion.
Notwithstanding
the foregoing, the Architectural
Standards Committee may authorize temporary use of trailers or
~ similar temporary residences on a lot during the period a
residence is. being constructed on a lot.
l~\htlgstandards
Section on
7. residential
Exterior Liahting.
All exterior
lights
and
tracts shall
be approved
by the
Architectural Standards Committee for harmonious development and
the prevention of lighting nuisances to other lands in Timberdale
Section 8.’ O~f-Street Parking. No dwelling house shall
be constructed on any residential tract unless there is
.concurrently
constructed on the same tract adequate off-street
parking area for at least four automobiles.
~ection9.
Garbaue DiSPOsal
and Sanitary
Systems.
No
sewerage disposal system, sanitary system, cesspool or septic tank
shall be constructed, altered or allowed to remain or be used on
any tract unless fully approved as to design, capacity, location
an~ construction
by all proper public health agencies of the State
.of Colorado and the County of La Plata and also by the Declarant
and~or the Architectural Standards Committee.
Section 10. Sanitary System Covenant.
It is hereby
covenanted and agreed by the Declarant, its heirs, successors
--¸6--
and
assigns, that in the event that the proper authorities of the
County of La Plata shall determine that the surface and subsurface
water in the area is becoming contaminated by the use of septic
tanks or other sewage disposal systems in the area, the owner of
the properties in shall install, at his own expense, a prlva£e
sewage disposal system. This is a covenant running with the land.
Section ii. Firefiahting
Systems. When a residence
is
constructed on any lot, there shall be installed on such
water storage reservoir with a capacity of at least 1,000 gallons
to be used as a water reservoir for firefighting purposes.and
meeting the requirements
of the Architectural Standards Committee.
The water storage reservoir shall be properly equipped to.allow
its use for firefighting purposes.
REGULATIONS
ON COMMON
AREAS
Section I. ImProvements.
No improvements
of any klnd oz
nature shall be constructed, altered or allowed to~remain~on~any
portion of the common area except stables, barns, meadows"
caretakers’ residences, clubhouses, swimming pools, tennls. COurts,
golf courses, lakes, ponds, recreational facilities, bridle paths,
utility systems and similar improvements for the benefit and useof owners of lots in and roads giving access to lots in
Timberdale Ranch. All such improvements
shall be approved by
Declarant and/or the Association and shall conform and harmonize
in appearance and siting with other structures in and the overall
development plans for Timberdale Ranch.
’ :
Section 2. Installation of Improvements~ ~%~’
The~Ini61al
~
improvements to placed on the common areas shall be installed by
Declarant at the cost of the Declarant. Such improvements
shall
consist
of
at
least
the
following:
.....
: ¯
A. Horse
arena
B. Caretaker
and jumps.
’
-
¯
"
residence.
Declarant mayconstruct
any other improvements
which are
consistent with the terms of this Declaration as Declarant may" ~
determine desirable. The Association shall-have the right~"to
construct such additional imp~uvem~t~
~ ~,~y b~ d~he~mined"
by
the Association from time to time, consistent with the provisions
and plan of this Declaration.
ARCHITECTURAL
STANDARDS
COMMITT~
Section I. Architectural
Standards Committee.
There is
hereby established an Architectural Standards Committee which
shall have the powers and duties set forth in this Article. The
Architectural
Standards Committee shall consist of such number of
~ndividuals as determined by the Board of Directors of the
Association, and the Board of Directors shall have the right to
appoint and remove members of the Committee, to enlarge and reduce
the membership of the Committee and to fill any vacancy on the
Committee. The Association
shall maintain at all times a current
list of the members of the Architectural Standards Committee and
such members’ addresses. So long as Declarant owns at least ten
(i0) lots in Timberdale Ranch, Declarant shall have the right
remove members of the Architectural Standards Committee, to
enlarge the membership of such Committee and to fill any vacancy
on the Committee. Declarant shall take such action by written
statement duly filed with the Association.
After such time the
Association shall have all powers to remove and appoint members of
the Committee previously held by Declarant. If the right of
Declarant to remove and appoint members of the Committee as
~provided above does not sooner expire, it shall expire six (6)
~years after the date of filing this Declaration.
Section 2. Restriction.
No building, storage structure,
barn, corral, fence or other structure shall be erected, placed or
~!altered on any lot in Timberdale Ranch until the plans and
specifications
showing the nature, kind, shape, height and
materials and location have been submitted to and approved in
writing as to ~the quality of workmanship and materials and
-conformity
and harmony of exterior design with existing structures
~and as to location with respect to existing buildings, topography
and finished ground elevation by the Architectural Standards
Committee. The plans to be submitted to the Committee for its
¯ approval shall include a site plan for the lot.
Section 3L Approval.
If the Architectural
Standards
Committee fails to approve or disapprove any request submitted to
it within thirty (30) days after the plans and specifications
have
been submitted and duly received by the Committee, such approval
will be deemed to have been given.
Section 4L SubmissiQ~.
Any person desiring to erect any
structure in Timberdale Ranch shall submit the plans and
specifications for the same to the Association.
The Association
shall forthwith forward any such material submitted to the
Chairman of the Architectural Standards Committee for
consideration
by the Committee. The Association
shall maintain a
-8-
record of all materials submitted for consideration
by the
Architectural
Standards Committee which shall reflect the date
such materials were forwarded to the Committee for review.
Section 5. Standards and Rule/i~ The ArchitecturalStandards Committee shall adopt standards and rules governing the
type of buildings to be permitted in Timberdale Ranch, permitted
~
construction materials and the like. Such standards and rules~
shall be determined from time to time by the Committee. Such
rules may regulate the form and scope of materials to be submitte
to the Committee for review.
Section 6. Compensation.
Members of the Architectural
Standards Committee shall not be entitled to any compensation for
services performed. They shall be compensated
for any expensesincurred by them in performing the duties required by their
membership on the Committee.
section 7, waiver. The Committee shall have the power
to grant waivers of restrictions imposed by this Declaration but
only if the Committee determines that such waiver is necessary to
prevent undue hardship to a lot owner caused by some peculiar
condition affecting a specific lot and that the waiver is
consistent with the intent of this Declaration and not detrimenta
to any other lot in Timberdale Ranch. Such waivers may only
extend to provisions of this Declaration pertaining to use and
occupancy of lots in Timberdale Ranch.
ARTICLE VI
" "
PROPERTY
RIGHTS
Section i. Owners’ Easements
Qf Enjoyment.
Every owner
and the family and guests of every owner shall have a nonexclusiv
right and easement of eqjoyment in and to the common area which
shall b e appurtenant to and shall pass with the title to the lot
of such owner .subject to the following rights:
A. The Association
shall have a nonexclusive
right an
easement to make such use of the common area as may be necessary
and appropriate for the performance of the duties and functions
assigned to it under this Declaration.
The Association
in its
sole discretion may~from time to time grant easements and rights
of way on, across, under and over the common area to any entity
providing utility service to properties in Timberdale.
B. The right of the Association
to make such
rules and regulations (consistent with the provisions
Declaration) regarding the use of the common area and
facilities that may be located thereon by members and
persons entitled to such use.
-9-
reasonable
of this
any
other
C. Any rights reserved by this Declaration
owners.. or other persons and the Association.
to Declarant,
-.
Section 2. Roads. The roads in Timberdale Ranch are to
be maintalned by the Association.
Every owner shall have a
to such
~1o~-exclusive easement to use such roads for
owner’s lot. ~The Association may restrict access over such roads
li !~and impose such reasonable rules and regulations regarding use of
roads as may from time to time appear necessary and desirable as
determined by the Association.
’~ ~
his rights
family, to
¯ be subject
adopted by
Section 3. Deleuation of Use. Any owner may delegate
of enjoyment to the common area to members of his
his tenants, or to his guests. All such persons shall
to the rules and regulations concerning such use
the Association.
~ ~.
Section I
Utility Easements Reserved~ Declarant hereby
reserves to the Association, its successors and assigns, easements
7.5 feet in width on each side of all rear lot lines and along
applicable side lot lines for utilities described in the recorded
’ Plat of Timberdale Ranch, except any portion of said perimeter
Which abuts on a dedicated
county road, for the purpose of
:constructing,
maintaining, operating, replacing, enlarging and
.repairing electric, telephone, water, irrigation, sewer, gas and
iisimilar lines,: pipes, wires, ditches, and conduits.
Section 2. Use of Easements.
No dwelling or improvement
shall be placed on, nor shall any material, equipment or refuse be
placed on any part of the Subdivision
within the area of easements
~ reserved or indicated on the Plat of Timberdale Ranch or easements
.~eserved
and created in Section 1 of this Article, except for the
case where .two lots are merged into one, .in which case the
dividing line easement may be abandoned, subject to proper La
Plata County approval.
~’~ : .
Declarant
assigns,
Section 3. Irriaation Easements and Rights Reserved.
hereby reserves-to
the Association,
its successors and
perpetual easements across all of the lands in Timberdale
i ~ ;’presently in existence (or hereafter constructed) for the purpose
:Of co,struc~ing, maintaining and operating irrigation ditches and
laterals for the proper irrigation of all meadow lands in
Timberdale located on any tracts therein. Declarant also reserves
tO the Association,
its successors and assigns, the right to
irrigate all such meadow lands at all reasonable times, and to go
on all tracts in Timberdale for the purpose of irrigating such
meadow land.
Section 4~ Easements for Private Roads. Declarant
hereby reserves to the Association, its successors and assigns,~.
perpetual easements across all common tracts in
provided that no such private road shall ever be constructed:~or.~
used without the prior written permission of Declarant and/or ~t~e
Architectural Standards Committee.
~
GENERAL RESTRICTIONS ON ALL TRACTS
~
Section I. Zoninu Regulations.
No lands within ..~
Timberdale Ranch shall ever be occupied or used by or for any~
structure or purpose in any manner which is contrary to the zoning
regulations of La Plata County, Colorado, validly in force from
time to time, except as the same may be allowed under said
regulations pursuant to a valid waiver or as a nonconforming
structure or use.
Section 2~ N0 Mininu, Drilling o.[ Ouarrying. No mining
drilling, quarrying, tunneling, excavating ~ or unreasonable
exploration for any substances shall ever be permitted within the
limits of Timberdale Ranch.
Section 3. No Business....Uses.
No lands within Timberdaie
"~
Ranch shall ever be occupied or used for any commercial or
business purpose nor for any noxious activity and nothing shall be
done or permitted to be done on any of said lands which is a
nuisance or might become a nuisance to the owner or owners of’any
of said lands. No store, office or other place of commercial
professional business of any kind; nor any hospital, sanatorium or
other places for the care or treatment of the sick or disabled,~
physically or mentally; nor any public theatre, bar, restaurant or
other public place of entertainment shall ever be constructed,i /~
altered or permitted to remain within Timberdale Ranch
Sectio~
4, ~u~ With the exception
of one "For’Rent"
or "For Sale". sign (which shall not be larger than 20" x 26") and
except for one entrance gate sign of style and design approved by
Declarant and/or the Architectural
Standards Committee, no’
advertising signs, billboards, u~(ght]y objects or nuisances ~’ ~I
shall be erected, altered or permitted to remain on any tract in
Timberdale Ranch. Notwithstanding the foregoing, Declarant may ....
erect signs advertising the sale of lots in Timberd~le and its ~
business activities and such signs erected by Declarant shall not
be subject to this restriction so long as any lots in Timberda~e
-II-
Ranch remain unsold.
Section 5. Animals. No animals or poultry shall be kept
on any lands in Timberdale Ranch except ordinary household pets
belonging to the household and riding horses kept and maintained
in accordance with the requirements
of this Declaration.
However,
animals being raised by children for Future Farmers of America,
4-H or similar organizations
for showing in competition are
permitted. The Association
may require any owner or lessee of
lands within Timberdale to remove any such animals from Timberdale
Ranch if the Board of Directors determines that such animals
constitute an annoyance or nuisance to the owners of other lots in
Timberdale Ranch. Riding horses may be kept in corrals or other
fenced areas on individual lots under plans approved by the
Architectural Standards Committee, or facilities as approved by
the Declarant.
Section 6, Service Yards and Trash. All clotheslines,
equipment, service yards, woodpiles or storage piles on any tract
in Timberdale Ranch shall be kept screened by adequate planting or
fencing so as to conceal them from the view of the neighboring
tracts and streets and access roads. All rubbish and trash shall
be removed from all tracts in Timberdale and shall not be allowed
to. accumulate and shall not be burned.
~i~~~
¯
Section 7o Firearms or Charues. No firearms or charges
ofany nature shall be allowed to be discharged or ignited on any
i ~property located within Timberdale Ranch.
ASSOCIATION
¯
Section 3. T~mberdale Ranch Owners’ Association.
~Declarant has caused to be incorporated
as a non-profit
~ corporation the Timberdale Ranch Owners’ Association and has
¯ designated such Association to be the owner and manager of the
common areas. Any purchaser of a lot in Timberdale Ranch shall
deemed to have assented to such designation and ratified and
approved the same. The AssociatiOn
shall have the following
duties and powers:
A. To adopt rules and regulations
operation of the common areas and roads.
governing
the use and
B. To levy and collect monthly or periodic assessments
from owners of .lots in Timberdale Ranch, to collect delinquent
assessments by Suit or otherwise and to collect such other
~assessments as are herein authorized.
be
C. TO provide for maintenance,
management and such other
expenses as contemplated
by this Declaration from the funds ~
collected.
D. To enter into and upon the lots in Timberdale Ranch a!
~
all reasonable times as necessary to perform the functlons and
duties assigned to the Association.
To enjoin or seek damages
from owners for violation of the Declaration, the Articles of
Incorporation of the Association, the By-Laws, the rules and ~~ -~
regulations adopted by the Association, or rules, regulations a~d
requirements
of the Architectural
Standards Committee.
..... ¯
E. To hire employees, to contract for professional
’
management service, to contract for other services to be
performed, to purchase supplies and equipment, to enter into
contracts and generally to have the powers of a property manager
in connection with all matters set forth in this Declaration,’~"~’
except that the Association may not encumber or dispose of the fe~
title of any owner, for violation of the owners’ covenants and
obligations imposed by this Declaration.
F. To protect and defend all common properties in
Timberdale Ranch from loss and damage by suit or otherwise.
G. To deposit funds in the hands of the Association
whic~
are not necessary for immediate disbursement in savings’accoun~s
of national or state banks earning standard rates of interest and
insured by a federal agency.
’..
H.
To file legal protest, formal or informal, with .....
authorities having appropriate jurisdiction
against the granting
by such authorities of zoning ordinances or variances as ’
to any
property adjoining or within a reasonable proximity of Timberdale
which might affect or depreciate the value of the owner’s~Interest
in Timberdale.
~ ~ .
perform
I. Do any other thing necessary or desirable in order to
the functions and duties assigned to the Association,
Section 2. Board of Directors. The Association
shall:b~
governed by a Board of Directors as provided in the Articles of
Incorporation
of the Association and its By-Laws and the function~
and duties assigned to the Association shall be carried out by or
under the direction of officers of the Association to be
Section 3. Membership.
Any person acquiring an
in the fee simple ownership in a lot in Timberdale Ranch
automatically become a member of the Association.
Such
interest shall be the sole qualification
for membership.
-13-
interest
shall
ownershi[
Upon the
sale or transfer of such fee simple ownership interest by an
owner, that person’s membership shall terminate and shall
automatically be transferred to the purchaser or transferee.
Section 4. Voting. Members shall be entitled to one
vote for each lot owned in Timberdale Ranch, but in no event shall
the fact that a lot is owned by more than one person allow more
than one vote per lot. If any lot is owned by more than one
owner, such owners shall, by written instrument, designate one of
such owners to be the sole voting member. In the absence of such
"designation, the Board may designate one of the owners as the sole
voting member. The exclusive right to vote for the election of
members of the Board of Directors shall be vested in the
Declarant or their successors or assigns until:
A. One hundred twenty (120) days after completion
conveyance to other parties of.eighty percent (80%) of all lots
Timberdale~
B. Six (6)years
Declaration; or,
right,
from
the date
C. At such time as Declarant
whichever event first occurs.
of recording
elects
this
to terminate
such
Section 5. ~ndemnification.
Each director and officer
of the Association and all employees of the Association shall be
" -~Indemnified by the Association against all expenses and
~’llabilitles, including attorney’s fees reasonably incurred by or
Imposed~upon
them in connection with any proceedings to which they
may be a party, or in which they may have become involved by
zeason of being or having acted as such on behalf of the
Association, provided that this indemnification
shall not apply if
any-suchperson is adjudged guilty of willful misfeasance or
~ malfeasance in the performance of his duties and provided further
~-~that in the event of a settlement,
the indemnification
herein
! ~ii~shall apply only when the Board or the Association approves such
~ ....
~;’Settlement and reimbursement as being in .the best interest of the
ii~.-i~Assoclatlon.
The foregoing rights of indemnification shall be in
’a~ditlon to and nonexclusive of all other rights to which such
=[~erson may be entited.
i~
.... Section
6. Limitation
Uoon Liability
of Association.
Notwithstanding
the duty of the Association to maintain and repair
any part of the property constituting
Timberdale, the A:zcziation
shall not be liable for injury or damage other than the normal
Costs of maintenance and repair caused by any latent condition of
.the property, or by the conduct of other owners or persons or by
casualties for which insurance pursuant to these Declarations is
not required or for which insurance is not provided by the
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Association.
ASSESSMENTS
Section i. Assessment~.
Each owner of a lot within ......
Timberdale
Ranch (excluding any lot owned by the Association)~by
acceptance of a deed to such lot, agrees to pay the Association
(i) r’egular assessment~ on account of normal operating expenses
the Association described in Section 2 of this Article, and (2)
special assessments
to be fixed, established
and collected from
I
time to time as herein provided. Such assessments,
together with
interest and’ the cost of collection in the event of delinguencyilin
payment as provided he.reunder shall be the personal obligation’of~
the person who was the owner, or of the persons, jointly and ~/i
severally, who were theowners at the time the assessment
made. Payments of assessments
shall be made in periodic
installments as determined from time to time by the Board ofthe
..~
¯
Association.
Section 2. Purpose. The regular assessments
levied by
the Association shall be used to enable the Assaciation to perform
the
duties and .obligatons imposed upon it by this Declaratlon~and
I
to provide any other services or facilities determined by the
~
Association to be for the benefit of the properties constituting ~
Timberdale Ranch. The Association
may from assessments
levied~and
collected establish cash reserves and depreciation funds in ........
anticipation of future expenses.
Section
3. Assessment
Basis.
A.
Determination and Levv.
The Board shall ~ ~:
annually determine revenue which will be required by the
Association to perform its functions under this Declaration,
including an adequate reserve for maintenance, repairs and
L
replacement of elements of the common area that must be replaced
on a periodic basis and other reserves provided for in this
Declaration.
Based upon such determination,
the Board shall levy
regular annual assessments against each lot in Timberdale Ranch
(excluding any lot which is part of the common area). Assessments
shall
be levied at a uniform rate against all such lots (an equa
!
amount shall be levied against each lot as platted on the Plat
~
regardless of the area within the lot or the improvements
oni~ny
~’" - ..~ ............
lot:
The ~oardshall also determine.h=t
.......
m~-t~- "-~"to
be paid annually, quarterly, monthly or by some other period. The
Board may, during any’year, adjust the amount of assessmentsif
this is deemed necessary by the Board, but not more than two
adjustments shall be permitted in any one year.
-15-
B.
Nonexemption. No owner shall be exempt or
relieved from payment of any uniform assessment or charge by
waiver or suspension of any use of the common area, or by the
¯ abandonment or leaving of any lot in Timberdale Ranch.
C.
Phasing. The Declarant may elect to develop
Timberdale Ranch in phases. If Declarant so elects, Declarant
shall determine the lots within each phase.
Section 4. Special Assessments.
In addition to the
assessments authorized above for meeting the normal expenses of
the Association and maintaining reserves, the Association shall
have the power to levy special assessments for the purpose of
deferring, in whole or in part, the cost of any construction
or
reconstruction,
unexpected structural repairs or replacements, or
capital improvements,
including necessary fixtures and personal
¯ property related thereto. If any such assessment exceeds Five
Thousand Dollars(S5,000.00),
the same shall have the assent of not
less than two-thirds of the owners entitled to vote at the annual
meeting or at a special meeting of the Association called for such
purpose by written notice sent to all owners of record not less
than fifteen nor more than thirty days in aavance of the date of
such meeting.
Authorization to make such assessment shall not be
made at an annual meeting unless special notice has been that such
matter will be considered at the annual meeting in the same manner
required for a special meeting.
Section 5. Individual
Assessments.
The Association
shall have the power to add to the assessments against any owner’s
lot any amount expended by the Association £or the benefit of an
i,d!vidual lot or the owner or owners thereo~ as provided in this
Declaration.
Such individual assessments
shall include, but not
be limited to, repairs and replacements to common area or common
facilities caused by the negligent or willful acts of any owner,
his family, guests, employees, licensees, lessees, or invitees,
and any similar expenditures
provided for by this Declaration or
the rules and regulations adopted by the Association.
Section
6. Nonpayment.
A. Assessments
levied by the Association
shall be due
and payable on the first day of each period fixed for payment of
assessments (which shall be no earlier than the tenth day
following the mailing of the assessment statement to the member)
a~ ~hall become delinquent unless paid within tan
thereafter.
All unpaid assessments
shall be subject to a late
oharge for nonpayment as may be determined from time to time by
the Board. If such assessments
are not paid thirty (30) days
after their due date, they shall bear interest from the date of
~el!nquency at the rate of twelve percent (12%) per annum, or
-16-
such other reasonable rate as may be fixed by the Board and
.
uniformly applied. In the event it shall become necessary fori~the
Board to collect any delinquent assessments,
whether by
foreclosure of the lien
herein created, or otherwise, the
delinquent owner shall pay, in addition to the assessment, late
charges and interest as herein provided, all costs of collection,~
including reasonable attorney’s fees and costs incurred in
enforcing payment.
~
B. The Association
is hereby granted a lien~’agains~
all lots in Timberdale Ranch for any payment or payments which the
owner fails to make as required by this Declaration.
Such
shall be effective only upon the recordation of a notice thereofll
in the Office of the Clerk and Recorder of La Plata County~
Colorado. Each owner by accepting a deed to a lot in Timberdale~!
Ranch appoints, designates and constitutes any of the officers of
the Association, or the Association’s duly appointed manager., as’~
agent with full irrevocable
power and Eight to record a notice of
said lien in favor of the Association.
Any lien accruing
hereunder shall be foreclosed in the same manner as provided by
the laws of the State of Colorado for foreclosure of mortgages on
real property. Notwithstanding
anything herein contained which
may be to the contrary, all liens pursuant to this provision shall
be subject and subordinate to and shall not affect the right of a
holder of a recorded first mortgage on any lot made in good~faith~
and for value. In the event of a foreclosure
of any lien created
hereunder, the owner shall be required to pay reasonable ren~al~to
the Association for occupying the lot during the period of
foreclosure. If after filing of a foreclosu,~action
the lot’;i~
~’!
left vacant, the Associaton may take possession of the lot’ahd
rent it upon such terms and conditions and for such rent as the
Association may determine appropriate and apply any rental
received towards payment of the lien and of the cost of collehtion
and foreclosure. The Association may also apply for and ~ obtain :~~
the appointment of a receiver for any such lot without notice to’"
the owner. The foregoing rights of the Association to rents~and
to the possession of lots is subordinate to the right of first
mortgagees under any first mortgage or assignment of rents given
in connection wih the first mortgage. In addition to the lien
herein granted, the Association shall have the right to bring any
appropriate action in court against any member who fails to pay
any amount assessed against his property and ~ay obtain’judgment
for the amount of the assessment due plus costs and fees as in a
foreclosure sale and if title is obtained by the Association:
though a foreclosure sale, it may hold, le~s~, ~,~o~Lgage and ~ " ~’
encumber or convey the property so obtained.
obligation
Timberdale
C. In the event any owner is in default on any .... "¯
secured by an encumbrance on such owner’s property in ~
Ranch, the Board may, at its option, pay the amount
-17-
on such obligation and in such event the Association shall have a
llen against such property for the amount so paid in the same
manner as provided for herein for unpaid assessments or fees.
D. Sale or transfer of any lot or interest in a lot
by an owner shall not affect or release any lien granted the
Association hereunder.
E. In the case of the conveyance of a lot pursuant to
foreclosure proceedings on a first mortgage or by deed in lieu of
such foreclosure, such transfer of title shall extinguish the lien
~fOr all unpaid assessments made by the Association becoming due
before the date of transfer of title or date of first possession,
whichever first occurs. The amount remaining unpaid with ~espect
to which the lien is extinguished,
shall be deemed to be a common
e~pense assessable against and collectible from all owners of
"~operty in Timberdale without prejudice to the right of the
Association to recover such amount from the former Owner whose
property was foreclosed.
F. Any party before acquiring an interest in a lot within
Ti~berdale Ranch may request from the Association a written
statement of any assessments, fees or other charges due from the
owner of such property pursuant to this Declaration.
Such
statement shall be furnished and such party shall be entitled to
rely thereon. No lien shall be enforced against the property on
account of any ~ees, assessments or other charges which accrued
before the date of such statement and are not reflected thereon.
The Association may impose a reasonable fee for furnishing the
statement provided for herein.
Section
7. Subordination
to Encumbrances.
The lien
provided for herein shall be subordinate to the lien of any first
mortgage now or hereafter placed on the interest of the owner of
any lot in Timberdale Ranch.
~NSURANCE
~ Insurance
Reauired.
The Association
shall
procure fire and extended coverage insurance or the equivalent
thereof upon all insurable improvements erected upon common areas
in Timberdale Ranch belonging to the Association for not less than
the full insurable replacement value thereof under a policy or
policies or insurance with such company or companies and for such
premium and periods as the ASsociation may deem appropriate.
The
policies may have such deductible provisions as the Association
determines appropriate
and reasonable.
Any loss payable under
such policies shall be payable to the Association and shall be
used by the Association to repair or replace any such improvements
-10-
which are damaged or destroyed. In addition the Association
shall.
procure and maintain comprehensive
public liability insurance in
the minimum amount of One Million Dollars ($i,000,000.00)
per
single occurrence, workman’s compensation coverage upon employees,
and such other insurance as the Board may deem desirable for the
benefit of owners of lots in Timberdale Ranch.
Section 2. Waiver of Subrogation.
The Association
and
each lot owner hereby waive and release any and all claims which
they may have against any owner, the Association, its officers,
members of its Board, its employees and agents, and the.Declarant,
for damage to the common area or any improvements thereon caused
b~ any casualty covered by insurance maintained by the Association
to the extent that such damage is so covered and to the extentthat this waiver does not invalidate any such insurance
The Association shall use its best efforts to obtain in
with any insurance policy maintained by it, waivers of
insurer’s rights to subrogation as to any claim against the
Association, its Board of Directors, agents, employees and all
other owners and the Declarant.
DURATION
AND ~4ENDMENTS
Section i. Duration, This Declaration
shall remain
full force and effect until amended or terminated as here~n
provided.
in
~
Section 2. Amendment. n
This Declaration
or any portio
thereof (except as otherwise provided
herein) may be amended
revoked or the common area or improvements thereon used or held
~
for the benefit of all lots in Timberdale Ranch may be aban~oned,~
partitioned, subdivided, sold, encumbered or transferred i~ such
action is approved by a vote of the owners representing not less
than eighty percent (80%) of all parties entitled to vote on any
matter before the Association.
Whenever any owner’s interest is
subject to an encumbrance in the nature o.f a first mortgage, such
owner’s affirmative vote shall be included in the required ~ .....
percentage only upon concurrence of the holder of such
encumbrance. Any amendment shall be effective only upon the~
/’
recordation of a certificate setting forth the nature of the[
amendment signed by the owners and holders of encumbrances
rep:esenting not less than the required number of votes. ~
Declaration may be made which conflicts with the laws of .the State
of Colorado. No amendment shall affect any rights of Declara,t
her.in unless approved and consented to by the Declarant in
writing.
-19-
Section 3. Mortga~ee’s
Rights. Notwithstanding
the
above, the prior written approval of all owners of first mortgages
on lots within Timberdale Ranch shall be required for the
fo~lowlng:
A. An amendment to the Declaration
which changes the
manner in which assessmments are assessed or the ratio of
assessments against owners, or amends this Section of this
~rticle, or any other provision of this Declaration which
specifically grants rights to mortgagees.
B. The abandonment,
partition, subdivision,
sale,
alienation, release, transfer, hypothecation,
or encumbrance of
the common area after such common area has been conveyed to the
Association, except that such consent of mortgagees shall not be
required for action by the Association to grant easements for
utilities and similar or related purposes or to lease or grant
licenses.
C.
The abandonment of the plan of development
Timberdale Ranch as set forth in this Declaration.
for
ENFORCEMENT
-Section i. Enforcement Actions,
Declarant and/or the
Association shall have the right to prosecute any action to
enforce the provisions of all of these covenants by injunctive
relief, on behalf of itself and all or part of ’the owners of lands
within Timberdale Ranch.
In addition, each owner of land within
Timberdale Ranch shall have the right to prosecute any action for
injunctive relief and for damages by reason of any violation of
these covenants.
Section 2. Limitations
on Actions. In the event any
construction or alteration or landscaping work is commenced upon
any lands in’Timberdale Ranch in violation of these covenants and
no action is commenced within sixty (60) days thereafter
restrain such violation, then injunctive or equitable relief shall
be denied, but an action for damages Shall still be available to
any party aggrieved. Said sixty (60) day limitation shall not
apply to injunctive or equitable relief against other violations
of these covenants.
GENERAL
Section i.
PROVISIONS
Severability.
Any provision
-20-
of these
covenants invalidated in any manner whatsoever shall not be deemed
to impair or affect in any manner the validity, enforcement or
effect of the remainder of these covenants, and in such event, all
of the other provisions of these covenants shall continue in full
force and effect as if such invalid provision had never been
included herein.
~ Disclaimer.
No claim
or cause
of action
shall accrue in favor of any person in the event of the invalidity
of any covenant or provision of this Declaration,
or for the
failure of the Association or Declarant to enforce any covenant or
provision hereof.
This Section may be pleaded as a full bar to
the maintenance of any suit, action or arbitration brought in
violation of the provisions of this Section.
Section 3, Waiver. No provision
contained in this
Declaration shall be deemed to have been abrogated or waived by
reason of any failure to enforce the same, irrespective of the
number of violations or breaches which may occur.
Section 4. Captions. The captions herein are inserted
only as a matter of convenlence and for reference and in no way
define, limit or describe the scope of these covenants, nor the
intent of any provisions hereof.
Section 5, Construction.
The use of the masculine gender
in this Declaration shall be deemed to include the feminine and
neuter genders and the use of the singular shall be deemed to
refer to the plural and vice versa when the context so requires.
Section 6, Previous Covenants.
This Declaration
supersedes and replaces in its entirety the Protective Covenants
recorded April 26, 1972., under Reception No. 370286 and said
Protective Covenants are hereby repealed, and December 13, 1979
amendments thereto recorded at Reception No. 438634 a{e hereby
repealed.
IN WITNESS WHEREOF, the Declarant has caused this
Declaration to be executed the day and year first set forth.
CH I :’INEYRANCH,~LTD.
Colorado Limite.d Partngrship
~" ~.,- <-/.
Robert E. 8rooks,
General Partner