Recorded FEB 25 1976 at 9:37 o'clock AM
Reception No. 143069
GLACIER VIEW MEADOWS WATER AND SEWER ASSOCIATION
KNOW ALL MEN BY THESE PRESENTS: That this Master Declaration of Protective and Design Covenants made this 20th day of February, 1976, by Glacier View Meadows, a Limited Partnership, for areas or lots as filed in the recoreds of Larimer County, Colorado hereinafter referred to as Glacier View Meadows subdivision and those supplemental declarations which may be filed in addition hereto affecting separate lots, parcels, or plat filings of Glacier View Meadows, a limited Partnership, as designed, and to be recorded from time to time confirming or adopting these covenants, which together with this Master Declaration shall constitute the covenants of the Glacier View Meadows Water and Sewer Association.
NOW, THEREFORE, in consideration of the acceptance hereof by the purchasers and grantee(s), their executors, administrators, successors, and assigns and all persons or concerns claiming by, through, or under such grantees of those deeds to lots encumbered hereby, declares to and agrees with each and every person who shall be or who shall become owners of any of said lots that said lots, in addition to the regulations of the County of Larimer with the State of Colorado, shall be and are hereby bound by the covenants set forth in these presents and that the property to which these restrictions are applicable shall be held and enjoyed, subject to and with the benefit and advantage of the restrictions, limitations, conditions and agreements as set forth in this Declaration and any supplemental declaration hereto.
1.1 General: This Declaration is executed to: 1) define and describe a management association, to perform certain obligations with respect to some or all of the property within the Glacier view Meadows subdivisions; 20 establish the manner and extent tot which property may be made subject to these covenants and additional or different provisions, covenants, conditions and restrictions and to establish the effect of such; and , 3) to implement and provide for the enforcement of the judgement of decree in Case Numbers W-7438 and W-7629 in the District Court in and for the Water Division I, State of Colorado.
PROPERTY SUBJECTED TO DECLARATION PROVISIONS
2.1 Regulated Property: Any real property which has heretofore or may hereafter by consent or ratification shall be regulated hereby.
2.2 Supplemental Declaration: Any real property may be made subject in whole or in part to any or all of the provisions, covenants, and restrictions of this declaration by the recording, in the office of the County Clerk and Recorder of Larimer County, Colorado, or an instrument (hereinafter called a Supplemental Declaration) executed by the owner thereof, describing the property and stating that, exce4pt as may be specifically stated in such Supplemental Declaration, the real property described therein shall be subject to the provisions hereof and to the additional or different provisions, which may be contained in such Supplemental Declaration, and such provisions shall be effective upon the recording thereof.
GLACIER VIEW MEADOWS WATER AND SEWER ASSOCIATION
3.1 Establishment of Association: There has been established the Glacier View Meadows Water and Sewer Association as a vehicle to perform certain functions and to hold and manage certain property for the common benefit of owners of property within the Glacier View Meadows area and shall define certain rights and obligations of owners of property within the Glacier View Meadows area with respect to the association and with respect to the functions undertaken and property held by the association.
3.2 Organizations: Glacier View Meadows Water and Sewer Association, a Colorado Corporation not for profit, shall consist of an elected board of directors. The means of electing the board of directors shall be set forth in the Code of By-Laws of the association.
3.3 Certificate of Incorporation and By-Laws: The Certificate of Incorporation and, where applicable, the By-Laws of the Association, as adopted shall (a) outline the purposes and powers for which the Glacier View Meadows Water and Sewer Association, Inc. is established; (b) define the rights and obligations of said association with respect to the property owners and the property the subject of this Declaration; (c) set forth the rights and obligations of the property owners with respect to said association; (d) provide for the election of directors; and (3) shall include any reasonable provisions necessary to effectuate the corporate powers as conferred on said corporation by law or as outlined herein, but no provisions hereof shall be inconsistent with the provisions of this Declaration.
3.4 Right to Make Rules, Regulations and Grant Variances: The Association shall be authorized to and shall have the power to adopt and enforce rules and regulations and grant variances thereto, applicable within Glacier View Meadows area, to promote the general health, safety and welfare of persons within Glacier View Meadows area; and to protect and preserve property and property rights. All rules and regulations adopted by the association shall be reasonable and shall be uniformly applied. Each owner and guest shall be obligated to, and shall comply with, and abide by such rules and regulations. No variance shall be granted which would be in violation of the resolution and regulations of the County of Larimer or the statue and regulations of the State of Colorado or of any decree of Court. Nothing herein shall prohibit the association from requiring different water and /or sewage disposal facilities for various lots or buildings. The association may provide for enforcement of any such rules and regulations through exclusion of violators from facilities, collection of obligations due, injunctive relief, or otherwise.
3.5 Charges for Use of Facilities: Subject to the provisions of this declaration requiring the consent of the Glacier View Meadows, with respect to its property, the association may establish reasonable and uniformly applied charges for use of the facilities for each lot to assist the association in offsetting the costs and expenses of the association attributable thereto. Each owner and guest shall be obligated to and shall pay any such charges for use should they be imposed.
3.6 Right to Dispose of Facilities: The association shall have full power and authority to sell, lease, grant rights in, transfer, encumber, abandon or dispose of any facilities.
3.7 Implied Rights of Association: The association shall have and may exercise any right or privilege given to it expressly in this Declaration or given to it by law, except to the extent limited by the terms and provisions of this Declaration, and shall have and may exercise every other right or privilege this Declaration, including the right to engage necessary labor and acquire use of or purchase necessary property, equipment or facilities: employ a professional director or other personnel necessary to manage affairs of the association; and obtain and pay for legal, accounting and other professional services as may be necessary or desirable. The association shall assume full authority and control over the acquisition and distribution of water on those parcels so designated in the Supplemental Declaration and it shall assume full authority and control over the disposal of sewage on those parcels so designated on the Supplemental Declaration.
3.8 Governmental Successor: Any facility of the association and any function may be turned over and conveyed to a governmental authority which is capable or willing to accept and assume the same upon such terms and conditions as the association shall deem to be appropriate with the consent of the owners of a majority of the lots bearing the costs and expenses relating to any such facility or function.
3.9 Legal Responsibility of the Association: The association shall be responsible for the enforcement of the provisions of this Declaration and of the Decree in case Numbers W-7438 and W-7629 in the District Court in and for Water Division I, Sate of Colorado. The issuance of a building permit or license by the association and/or the county of Larimer or state of Colorado, which may be in contravention of these covenants, shall not prevent the association from enforcing these provisions. It shall also be lawful, in the event of a breach of any of the covenants or conditions of this Declaration which the Association may fail to enforce, for the owner or owners of any lot or parcel the County of Larimer or State of Colorado to institute, maintain and prosecute any proceedings at law, or in equity against the person violating any of the provisions of this Declaration for injunctive relief and specific performance thereof, or to recover damages for the violation thereof. The County of Larimer and the State of Colorado through the appropriate agency may enforce any provision which shall affect the general health or welfare of the owner of lots or parcels herein or the people of the County of Larimer, or the State of Colorado.
3.10 Indemnification: The association shall be obligated to and shall indemnify Glacier View Meadows, a Limited Partnership, and hold it harmless from all liability, loss, cost, damage and expense, including attorney's fees, arising with respect to any operations of the association or any facilities or functions.
3.11 General Functions of the Associaiotn: The association, as designated in this Declaration, may undertake any activities or services which in their opinion are necessary or desirable for the benefit of the members of the association and within the scope of their powers as outlined in the articles and by-laws of the association including but not limited exclusively to those described herein. In order to perform said functions, the Association may hold and manage real or personal property as provided in this Declaration to further the common interests of all owners of property subject to the provisions contained herein, and the Association shall have all powers necessary to desirably effectuate these purposes.
3.12 Property Maintenance: The association may accept title to any real property or equipment conveyed to the Association; pay all taxes and assessments of whatever nature relating to any of said property; adequately and fully insure all of said property against casualty loss; provide for the best and highest quality care, operation, management, maintenance, repair and replacement of the same which could include, in addition to normal upkeep and repair, rubbish removal and the removal of snow to the extent necessary to assure full use of the property of facilities regulated hereby.
FINANCING OF THE ASSOCIATION
4.1 Levying of Assessments: Each property owner, including property owners purchasing property under contract from Glacier View Meadows, or their successors or grantees, shall pay to the association an annual levy or assessment prorata share basis as may be necessary to defray the costs and expenses of the association functions as herein provided; that each property owner shall receive one membership unit in the association for each single family residential lot, one membership unit for each dwelling unit designated for each multiple family unit lot (including condominiums) and one membership unit for each commercial tract; that each owner shall also receive one additional membership unit for the value of all improvements placed on such lots or tracts in the ratio of one membership unit for each $25,000.00 or any part thereof of the value of such improvements. In the event less than the maximum number of dwelling units are constructed on a multiple family lot and sold as condominium units, each condominium owner will receive a membership unit for the interest in the land and additional membership units for the value of the improvements owned by him as above provided. Such additional membership units shall be established by the association at the time the plans for such improvements shall be approved by said association and shall be issued to become effective as of the date of completion of such improvements or installation of facilities by the association. Occupancy of a dwelling shall be conclusive evidence of its completion.
4.2 Annual Budget: The board of directors of said association, on or before October 1 and annually thereafter shall establish a proposed budget which in its opinion is sufficient to defray the costs of operation of said association, including a reasonable sum set aside for contingencies or reserve for the next ensuing fiscal year or a capital improvements fund to provide for anticipated facilities. Said budget shall be in an amount necessary to cover the costs and expenses of the functions to be undertaken or performed by the association and to fulfill any long term or continuing commitments of the associations. The association, except as emergencies may arise, shall make no commitment or expenditures in excess of the funds budgeted. The Board of Directors shall mail a copy of said budget, together with notice of the annual meeting, to each property owner at his address as shown on the books of said association. The notice shall indicate the amount of levy on each membership unit that will be necessary to defray such annual costs and shall designate a date for the annual meeting of the property owners. Said annual meeting shall be within the first calendar days of the month of in each calendar year, the exact date to be set by the Board of Directors, on which date said budget shall be considered and adopted with such changes as may be made by the directors of said association at said annual meeting; that said annual meeting shall also coincide with a date established for the election of directors to said association as provided for in the by-laws of said association. Such budget shall be for the fiscal year commencing October 1 next aft e the date of said meeting. Said budget and notice of said meeting shall be mailed to said property owners by ordinary regular mail at least thirty days prior thereto to the address appearing on the books of the association. In establishing the budget the directors shall carefully consider all comments and opinions of the property owners and attempt to provide to the best of their ability and within the means available all functions of said association as above outlined or as subsequently adopted. In establishing the levy and assessment, consideration shall be given to all anticipated revenues of said association in addition to the monies raised by said levy and assessment; that once established, adopted and approved said budget shall constitute the budget for said association for the ensuing fiscal year and the budget as finally approved shall be mailed to all property owners on or before October 1 next following such annual meeting, together with a notice of the amount of assessment established for each property owner, which notice shall include the terms of payment and method of enforcement as hereinafter provided.
4.3 Additional Assessments: The association may assess each lot owner, based upon a standard rate for the individual services performed. All special assessments shall become due and payable within 10 days from the date a statement for the assessment is mailed. All annual assessments shall become due and payable on October 1, the beginning of each fiscal year, and shall become delinquent on November 1 of each fiscal year; the association shall establish procedures for the payment and issuing receipts therefor. If such assessment is not paid by November 1 it shall bear interest at the rate of 1% per month or for any part of a month that said payments are in default. Said association shall have a lien against any property owned by the property owner which may be the subject of such levy and assessments to secure the payment of any amounts due the association, including such assessment, interest thereon and all costs and expenses for collecting such unpaid assessments, including reasonable attorney's fee. Said lien may be foreclosed in the same manner as mortgages are foreclosed in the State of Colorado, and a certificate from the secretary of said association shall be evidence of said lien. The association may also cause the water or sewer services to be discontinued or the facilities of the association to be removed without liability of any kind to the association, directors, its agents or employees.
4.4 New functions or Facilities: Prior to the acquisition of new facilities or undertaking new functions at a cost in excess of $10.00 per annum per membership unit, the board of directors of said association shall estimate the initial and subsequent costs and income of such new facility or function and shall furnish a copy of the proposal and its estimated costs and income to all holders of a membership unit and such new function or facility shall not be undertaken by the association unless approved by at least 60% of the holders of membership certificates voting on such proposals. The board of directors may consider such new facilities or functions at a regular annual meeting or at a special meeting called for this purpose. Written notice that an election will be held to consider such new function or facility shall be given each holder of membership units at least thirty days prior to such election. voting by proxy shall be allowed. In the event the association accepts the responsibility for new functions or facilities designed for the benefit of one segment, the association may segregate the costs and expenses of said new function or facility and assess for such costs only those of the particular segment or class utilizing said new function or facility; that in this event, only those membership units within the segment or class shall vote on such proposals.
4.5 Liability of Owner of Property: The amount of any levy, assessment or charge as herein provided payable by the property owner shall be the joint and several obligation of the person or entitles who constitute the property owners at the time the amount was payable and may be recovered by suit or money judgment by the association without foreclosing or waiving any lien securing the same.
4.6 Liability of Purchasers and Encumbrances: A purchaser of any property subject to these Declarations shall be jointly and severally liable with the seller of the property for any unpaid levy, assessments, or charges appurtenant to the property sold and purchased which had accrued or was payable at the time of the sale of the said property. No holder of a lien or encumbrance on any property shall be personally liable for any levy, assessment or charge and the lien for such levy, assessment and charge shall be junior to any lien or encumbrance on said property taken or acquired in good faith and for value without notice of the delinquency and perfected by recording prior to the time a notice of failure to pay any such amount is recorded in the office of the Clerk and Recorder of Larimer County against said property.
4.7 Certificate of Assessments Due: Upon written request of any person with an interest in any property subject to this Declaration, the association shall furnish a written statement detailing the amount of any unpaid levy,assessment or charges, if any, with respect to the particular property the subject of such request, together with the amount of the current year's assessments whether delinquent or not if established by the association at the time said request is received, which statement shall be conclusive upon the association. The association may make a reasonable charge for furnishing this information.
4.8 Implementation: The Board of Directors of said association are hereby authorized and directed to make such rules, regulations and policies which will promulgate and enforce the performance of the functions herein delegated to said association, provided that no such rules or regulations shall be contrary to the provisions of this Declaration.
5.1 Duration of Restrictions: The foregoing provisions of this Declaration constitute an encumbrance and servitude upon and in the lands herein conveyed or by separate instrument made subject hereto, running with the land, and shall remain in full force and effect for twenty-five (25) years from the date hereof, at which time they shall automatically extend for successive periods of ten (10) years each unless by a vote of the majority of the then owners of the residential tracts of this subdivision, it is agreed to change them in whole or in part. These covenants may not be removed except with the express prior consent of the Water Court of competent jurisdiction, or its successor, and of the County of Larimer acting through the Board of County Commissioners.
5.2 Amendment or Revocation: At any time while any provision contained in this Declaration is in force and effect, it may be amended or repealed, only with the written consent of the Water Court of competent jurisdiction and the County of Larimer through the Board of County Commissioners, and by the owners of not less than a majority of the area of the property then subject to this Declaration, excluding the common Open Space. No such amendment shall be effective until it is recorded in the office of the Clerk and Recorder of Larimer County, Colorado. No such amendment or repeal shall be effective with respect to the holder of a mortgage or deed of trust recorded prior to recording of the instrument specifying the amendment or repeal unless such holder executes the said instrument.
5.3 Arbitration of Disputes: All controversies arising under or with respect to arbitration in accordance with the following procedures. All determinations, Decisions and actions of Glacier View Meadows, the association, or of committee members at any meeting of such members which is made, taken or purportedly taken pursuant to any provision of this Declaration shall be binding and conclusive on every person including the association, and each owner of property and each owner's heirs, personal representatives, successors and assigns unless notice of dispute is given as herein provided and the manner is submitted to arbitration in accordance with the following procedure.
Any party desiring to arbitrate any controversy shall file written notice of his desire with the association and any party desiring to dispute any determination as aforesaid shall file a written notice of the existence and nature of the dispute with the association. As promptly as possible, after receipt of such notice, the party interested in the matter shall be notified by the association and the matter shall be heard by the association. If the matter is not settle or resolved at said hearing the parties on each side of the dispute shall select an arbitrator; the matter of dispute shall be heard by the arbitrators at a convenient location in the State of Colorado; and a decision in the arbitration shall be rendered by the arbitrators. In the event that the arbitrators shall be unable to agree and render a decision, said arbitrators shall select a third arbitrator. If said arbitrators are unable to agree upon a third arbitrator, said third arbitrators are unable to agree upon a third arbitrator, said third arbitrator shall be selected by a judge of the District Court sitting in Larimer County, Colorado. The decision of the arbitrators may be appealed to the District Court of competent jurisdiction. Costs of any arbitration and litigation shall be borne equally by the party on each side of the dispute.
5.4 Effect of Provisions of this Declaration: Each provision, covenant, restriction and agreement contained in this Declaration shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any real property subject to this Declaration is conveyed or encumbered whether or not set forth or referred to in any such conveyance or other instrument and any person or entity accepting any right, title or interest in any parcel of property subject to this Declaration shall be conclusively deemed to have accepted and adopted the provisions, covenants, conditions, restrictions and agreements herein contained as a personal covenant for such person or entity and it shall be binding on such person or entity and their heirs, executors, administrators, successors and assigns and the provisions hereof are made for are made for the benefit of not only the association but for the benefit of the owners of all property the subject to this Declaration.
5.5 Enforcement and Remedies: The provisions, covenants, restrictions, conditions and agreements herein contained shall be enforceable by the Sate of Colorado, acting through its appropriate agent, the County of Larimer, the Glacier View Meadows Water and Sewer Association or any property owner the subject of these Declarations either by proceeding for injunctive relief or by suit or action to recover damages or to recover any amount due and unpaid; these covenants may be enforced by the exclusion of any person or entity from the use of any property or facility owned or held by the association or from the enjoyment of any function undertaken by the association. The association may terminate the service provided to any owner or its parcel of land, and may enter upon the land and remove the facilities of the association. The association may also refuse to grant future services until such time as the breach hereof or default of the owner is corrected. If Court proceedings are instituted in connection with the enforcement of the rights and remedies as herein provided, the prevailing party shall be entitled to recover its costs and expenses connected therewith, including a reasonable attorney's fee.
5.6 Protection of Encumbrance: No violation or breach of any provision, restriction, covenant or condition contained in this Declaration and no action to enforce the same shall defeat, render invalid or impair the lien of any mortgage or deed of trust taken in good faith and for value and perfected by recording prior to the time of recording of an instrument giving notice of such violation or breach, or the title or interest of the holder thereof of the title acquired by any purchaser upon foreclosure shall not be deemed breaches or violations hereof with respect to such purchaser, his heirs, personal representatives, successors, and assigns.
5.7 Limitation of Liability: Neither Glacier View Meadows, the Association, the Board of Directors of the association, the County of Larimer, the State of Colorado (or its agents or employees) nor any member, agent or employee of any of the same shall be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice.
5.8 Successor and Assigns of Association: This Declaration shall be binding upon assigns of the association whether voluntary or involuntary by designation of law or otherwise. The successors of the association shall be bound by this Declaration and any supplemental Declaration.
5.9 Severability: Invalidity or unenforceability of any provision of this Declaration in whole or in part by any judgment or court order shall not affect the validity or enforceability of any other provision or valid and enforceable part of a provision of this Declaration.
5.10 Captions: The captions and headings in this Declaration are for convenience only and shall not be considered in construing any provision contained in this Declaration.
5.11 Waiver: Failure to enforce any provision, in this Declaration shall not operate as a waiver of any such provision, or of any other provision, restriction, covenant or condition.
5.12 Ownership of Water and Sewer Facilities: All water and sewer facilities except those within any dwelling shall be owned by the Association notwithstanding the location thereof.
DECREE OF AUGMENTATION
6.1 General: The District Court in and for Water Division I, State of Colorado, action number W7438 and W76929 has entered a decree affecting the waters in and used in the area.
6.2 Enforcement of Decree: The association shall comply with and enforce the terms, conditions and obligations of the aforementioned decree. All obligations therein and requirements thereof shall be the principal responsibility of the association. The association may do whatever is reasonable and necessary to comply with the provisions of said decree. In the event that the aforementioned court shall modify or change said decree. In the event that the aforementioned court shall modify or change said decree, the association shall comply with and nd enforce said amendment or modification. In the event that the association shall fail or neglect, with a reasonable time, to comply with the requirements of said decree or any amendments thereto, the same may be enforced or implemented by any lot owner or by the State of Colorado. The association is herein expressly given the power to sue, be sued, or interplead or join any necessary or proper party to cause said decree to be complied with. The cost of enforcement of said decree, regardless of who initiates any action to enforce it, shall be paid by the association. If there shall be insufficient moneys in the treasury of the association, the association shall assess the members therefor, which assessment shall be due and payable within ten (10) days from the date of the notice. Notices shall be mailed by ordinary mail to the addresses of owners as they appear on the records of the association. In the event that nay owner shall violate any of the provisions of said decree, which violation shall cause an expense to the associaiotn, said owner shall be liable therefor and the amount may be collected from said defaulting owner in the same manner that a delinquent annual assessment is collected. This may include, but not be limited to, levy upon its property and the foreclosure thereof, or an action in a court of competent jurisdiction to recover the debt.
6.3 Receipt of Water Rights: Pursuant to the aforementioned decree, certain water rights will be transferred to the association. These water rights shall not be transferred, assigned, pledged or in any manner conveyed by the association without the express prior approval of the aforementioned water court and/or the appropriate authority of the State of Colorado ( the Division of Water Resources, or its successor) and Glacier View Meadows, a limited Partnership, or its successor.
6.4 payment of Water Assessments: The association shall pay all water assessments and charges due on the aforementioned water rights before the same become delinquent. In the event that said water assessments and charges are not paid and they become delinquent, any owner may pay the same, and said payment shall become a debt of the association.
6.5 Use of Waters: The use of waters represented by the water rights above mentioned shall be by a majority vote of the Board of Directors and the appropriate agent of the State of Colorado (Division of Natural Resources). the use of water may be curtailed or rationed if required by the appropriate authority of the State of Colorado.
IN WITNESS WHEREOF, the undersigned, has executed the foregoing Glacier View Meadows Water and Sewer Association Master Declaration on the day and year first above written.
Glacier View Meadows, A limited Partnership
Was signed by DON B.WIEXELMAN - General Partner
This document was recorded February 25, 1976 at 9:37 A.M. Reception # 143069