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HomeMy Public PortalAboutResolution 1985-05-01 Accepting Substituted Security to Guarantee Certain Improvements to Release as to Phase I of Block 3TOWN OF FRASER RESOLUTION NO. 1985-5-1 A RESOLUTION TO ACCEPT SUBSTITUTED SECURITY TO GUARANTEE CERTAIN IM- PROVEMENTS, TO RELEASE AS TO PHASE I OF BLOCK 3 A CERTAIN PLAT RE- STRICTION FILED OF RECORD JULY 24, 1984 AS RECEPTION NO. 218772 ON THE PLAT OF TRACTS D AND E OF A MINOR RESUBDIVISION OF PARCEL C OF FOREST MEADOWS SOLAR COMMUNITY. WHEREAS, the Board of Trustees of Fraser (hereafter "Board") did approve a certain Final Plat of Tracts D and E of a Minor Resub- division of Parcel C of Forest Meadows Solar Community, which Plat was filed in the Grand County Clerk and Recorder's O�Ffice on July 24, 1984 as Reception No. 218772; and WHEREAS, at such Final Plat approval, the Board did execute a certain Subdivision Improvement Agreement to guarantee the construction of certain subdivision improvements on or appurtenant to the subject Subdivision, as more fully described in -said Subdivision Improvement -Agreement which is dated July 21, 1984 and recoiled on July 24, 1984 in Book 354 at Pages 370-373; and WHEREAS, as security for the construction of said improvements as described therein, the Board did impose a restriction on the Final Plat prohibiting the sale of individual lots in said Subdivision; and WHEREAS, the Board has received proper and sufficient substi- tuted collateral as contemplated by said Subdivision Improvement Agree- ment; and WHEREAS, the Board is prepared to waive and release the Plat Restriction described above, with respect to Phase I of Block 3, and the entire Block 1, ONLY, and as further described below. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: 1. The Board of Trustees of the Town of Fraser waives, only with respect to Phase I of Block 3, and the entire Block 1 the fol low- ing Plat Restrictions contained on the final Plat of Tracts D and,E of a Minor Resubdivision of Parcel C of Forest Meadows Solar Community filed July 24, 1984 under Reception No. 218772 of the rocords of the Office of the Clerk and Recorder of Grand County Colorado: Until the improvements required by the recorded Subdivision Improvement Agreement with respect to a particular lot within this Resubdivision have been completed or adequately guaran- teed, and a written and acknowledged notice from the Mayor or Town Clerk of Fraser (or waiver of this Restriction by written and acknowledged notice) acknowledging fulfillment and com- pliance of the said Improvement Agreement for said lot, no such lot may be sold, conveyed or leased. Any such sale, conveyance or lease made in violation hereof'shall be null and void. This Restriction as to a particular lo,t shall be deemed terminated .upon recordation of any of the above -described notices. 2, This Resolution shall not, except as specifically stated herein, modify, change (or release said Plat Restriction as to the remaining property), any of the terms of that certain Subdivision Improvement Agreement dated July 21, 1984 between;the Town of Fraser and Income Property Trust and Forest Meadows Development Corporation. •a ri 4 3. This Resolution shall not be effective nor binding on the ;.•':Town of Fraser in any manner until a certified copy of the same shall ,,..have been recorded in the Grand County Clerk and Recorder's Office. • •Upon such recordation, any documents, acts or activities done or dated, .i`ip compliance with this Resolution, prior to the date of recording of ..this Resolution shall be deemed properly executed and performed in Qcordance herewith. 4. This Resolution, a certified copy of which if not re- in the Grand County Clerk and Recorder's Office prior to August 1.; 1985 shall automatically terminate and be of no further force or effect. DULY MOVED AND SECONDED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THIS 57p DAY OF MAY, 1985. TOWN OF FRASER BY: Jensen, Mayor ATTEST: rYIA V rgIniiY Winter, Town Clerk ( S E A L ) I, -Virginia Winter, hereby certify that I am the Town Clerk of the Town of -Fraser and keep the Minutes of all official actions, Resolutions and Ordinances of the Town of Fraser; I further certify that attached is a true and accurate copy of a certain Resolution duly adopted at a duly walled and held meeting of the Board of Trustees of the Town of Fraser. 4' DATED THIS _2L_ day of , 1985. TOWN OF FRASER BY: Ail. V nlay W • er, Town C er 2 - ELK CREEK LODGE I AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT RESUBDIVISION OF TRACTS D AND E, OF A MINOR RESUBDIVISION OF PARCEL Cj i FOREST MEADOWS SOLAR COMMUNITY THIS AMENDMENT AGREEMENT, made this `1 C}l day of���l , 1985, by and between INCOME PROPERTY TRUST, here rafter ref erre to as "Developer"; FOREST MEADOWS DEVELOPMENT CORPORATION, a Colorado Corpora- tion, hereinafter referred to as "Guarantor"; and the TOWN OF FRASER, by its Board of Trustees, hereinafter referred to as "Town"; . W I T N E S S E T H: WHEREAS, Developer and Guarantor have platted a tract of land into a subdivision known as "Elk Creek Lodge, Phase I of Block 3 of a Resubdivision of Tracts D and E, of a Minor Resubdivision of Parcel C, Forest Meadows Solar Community", which by this reference is incorporated herein and made a part hereof; and WHEREAS, Developer has agreed to make certain improvements after the plat thereof is filed in the office of the Grand County Clerk and Recorder; and WHEREAS, the Fraser Subdivision Regulations-- require that a Subdivision Improvement Agreement be executed by a Developer before the plat shall be recorded; and WHEREAS, the parties did enter into a Subdivision Improvement Agreement on ;July 21, 1984, for certain improveme"ts and guarantees of construction; NOW THEREFORE, in consideration of the ;premises, the parties hereto agree as follows: 1. Town agrees that upon compliance kith all other condi- tions of approval, the Plat shall be promptly recorded in the office of the Grand County Clerk and Recorder. 2. The improvements as required by Town, and as described on Exhibit "A" attached hereto, shall be constructed to the specifications as shown on the engineer's drawings, which by this reference is incor- porated herein and made a part hereof to the July 21, 1984 Agreement. Town shall not be required to accept for maintenance any roads which have not been fully constructed. Town's specifications shall be fol- lowed by Developer in constructing all such improvements. Developer shall pay all of Town's costs for inspection of work. 3. Certain improvements are described -on the Exhibit A attached to the July 21, 1984 Agreement regarding Highway 40 accelera- tion and deceleration lanes and entry into the subdivision. Attached to the July 21, 1984 Agreement as Exhibits B and C are the Highway Depart- ment Access Permit and drawings describing those improvements and the responsibility of the Developer in providing proper inspection and compliance with the Department of Highways specifications. Developer agrees to retain Rocky Mountain Engineers, or such other Professional Engineer chosen by the Board of Trustees of the Town of Fraser to inspect and certify compliance with such specifications per Paragraph 19 of the Access Permit. All of these Highway and entrance improvements shall be completed prior to Town or county authorizing or issuing any Certificates of Occupancy for any buildings located in the Subdivision. 4. The improvements shall be completed by September 1, 1986. This date for final completion may be extended fir up to three (3) addi- tional years, provided that Developer shall first (prior to the approval of the extension by the Board of Trustees) provide any information or requirements that are reasonably made by the Board in light of the Board's concern with determining the ability of Developer to complete said improvements, including updating of costs and guarantees of com- pletion, and subject to the status of construction of the condominium building and whether or not it is occupied. 5. This Agreement is secured by cash in the amount of Ninety -Three Thousand Twenty -Three Dollars ($93,023.00) from Developer or Guarantor to be immediately deposited to an interest bearing escrow account at the Bank of Winter Park, controlled exclusively by Fraser and the ownership of which funds shall be Fraser to be expended only for the actual costs of the Exhibit "A" improvements for each line item des- cribed therein. Thus, no disbursement shall be'made that is in excess of any specific improvement as described in Exhibit "A". Interest on said account shall accrue in said account for the benefit of the entity so depositing said cash into the account. When all improvements have been completed according to Fraser's specifications, all remaining funds, including any accrued interest, shall be paid to the entity so depositing the initial cash fund. Any disbursement made from said fund shall be made only upon written letter request addressed to the Town of Fraser and written certification by Rocky Mountain Engineers that said improvements, for which payment is requested,' have been completed. Fraser may pay itself out of said funds, after the improvements have been completed, for any of its expenses as provided in this Subdivision Improvement Agreement to be paid by Developer or Guarantor. The funds in said escrow account are for the benefit of the Town of Fraser and its citizens, and therefore may not be assigned, transferred or pledged by Developer or Guarantor nor subject to attachment or garnishment or benefit of 'creditors of Developer or Guarantor,' nor of any creditor, contractor, subcontractor or supplier of any of the improvements for which the escrow fund is to pay until the Board of Trustees of the Town of Fraser have first approved the completion of such improvements and approved the payment thereof out of said escrow.' 6. In the event that Developer and Guarantor shall default in whole or in part in the performance of this Subdivision Improvement•. Agreement, Town may proceed with the construction or completion' of the improvements specified in this agreement within a reasonable time using the funds available. In so doing, Town shall proceed in an economical, businesslike manner, and shall keep an accurate, detailed account of its costs incurred in completing such improvements. All such costs paid by Town which have not been reimbursed by Developer or Guarantor shall be a lien on the Blocks owned by Developer or Guarantor. Said lien may be foreclosed in the same manner as a mortgage and shall entitle Town to add its costs and attorneys' fees in such foreclosure or other collec- tion. Without limiting the foregoing, Fraser may bring a mandatory injunction action against Developer and Guarantor •to require installa- tion and construction of said improvements, if not constructed within the time limits described in Paragraph 4, above. If any such action is brought by Town, Town shall be awarded its court' costs, attorneys' fees and all out of pocket costs of personnel, equipment and other matters expended by Town in furtherance of the construction responsibilities of Developer and in enforcing this, Agreement or installing any of said, improvements. 7. In the event that Town shall elect to complete the improvements in whole or in part as. specified in paragraph 6, Town shall have the right to draw monies against the aforementioned Improvement Guarantee. Said costs shall include all reasonable administrative costs - 2 - and legal fees incurred in enforcing this Agreement and in completing the improvements required by this Agreement, inall curred in collecting upon the securities provided ford herg ein. costs in- 8. It is specifically understood that the form(s) of se- curity set forth in paragraph 5 of the Subdivision Improvement Agreement is given in order to fulfill the requirements of and are in accordance with the Fraser Subdivision Regulations as authorized by Section 31-23- 214, Colorado Revised Statutes, as amended, and the Board of Trustees of Fraser, Colorado, has agreed that the only public improvements required of Developer are those mentioned herein and that they are of the type and extent set forth in the attached Exhibit A 9. No one, individually or otherwise, other than the parties hereto, shall acquire, as a result of this Agreement, any rights, claims or obligations from or against the Town of Fraser, its agents, employees or officers. Actions by the Town of Fraser against Developer to enforce any provision of this Agreement shal'_ be at the sole discretion of the Board of Trustees of the Town of Fraser, Colorado. shall have any rights to require any action by the N Townlrd of partiesOfpursuant to this Agreement; and this Agreement shall not create a liability on the part of or be a cause of action against the Town of -Fraser, for any personal or property damage that may result to any third parties from the failure of the Developer to perform the improvements herein specified. 10. No other agreements shall be amended, modified or changed by the within Subdivision Improvement Agreement, except as specifically referred to herein. 11. The Highway and entrance improvements must be completed before the Town or County shall be required to issue any Certificates of Occupancy for any buildings on subject Subdivision. 12. Guarantor, Forest Meadows Development Corporation, a Colorado corporation, is presently fee owner of 'the subject property, and executes this Agreement with full approval and joinder in the covenants and conditions contained herein, specifically including Paragraph 11, above, that the Agreement shall run with the subject property. However, primary liability for the co}Istruction of improve- .•.ments provided herein shall be that of Developer. Guarantor agrees for,. itself, its successors and assigns, that Guarantor will perform De- veloper's obligations contained herein upon demand by Fraser, �f De- veloper does not perform after demand by Fraser having been made. This Guarantee shall not be released or terminated by, and shall be deemed to include, any subsequent extensions, changes, amendments, alterations or variations in this Agreement or the collateral and other financial assurances of completion of the improvements, whether or not Guarantor has given its approval thereto. DEVELOPER INCOME PROPERTY TRUST BY : _K0 Wl liam - o sman, Executive Trustee GUARANTOR FOREST MEADOWS DEVELOPMENT CORPORATION a Colprado Corpor t1on President ( S E A L ) i FRASER M%1FRASER, COLORADO BY: Jensen, Mayor ATTEST: 4"rginia Unter, Town C er (. S E A L ) - 3 LOL VIRM ROCKY MOUNTAIN ENGINEERS, INC. June 18, 1985 Memo To: W. Holsman Subject: Elk Creek Lodge, Phase 1 Attached is a revised Public Improvements estimate for subject project. The changes since the May 13 estimate include addition of Johns Drive construction to the northwest boundary line, deletion of contour design engineering costs, and deletion of the on -site crib wall, and allowance for the credit from the sale of Block 2 (Grand National) toward the Johns Drive work. If you have any questions, please contact me. Ed Opitz cc: D. Drake L. Hartlaub V. Winter File Box 2, Winter Park, CO 80482 (303) 726-5166 Box 445, Kremmling, CO 80459 (303) 724-9500 Lmk VX%W ROCKY MOUNTAIN ENGINEERS, INC. REVISED JUNE 18, 1985 May 13, 1985 ELK CREEK LODGE PHASE I PUBLIC IMPROVEMENTS ESTIMATE OTY UNIT UNIT PRICE "OFF -SITE WORK" WATER LINE - NE CORNER OF PHASE 1 TO SE CORNER 8" DIP 316 LF $ 18.00 8" Tees 1 EA 270.00 8" Gate Valve 2 EA 800.00 8" Plug 1 EA 150.00 FireHydrant & Valve 1 EA 1,600.00 Connect to Exist 1 EA 300.00 SUBTOTAL TOTAL $ 5,960.00 270.00 1,600.00 150.00 1,600.00 300.00 9MENUMINKI STREETS - JOHNS DRIVE FROM EAST ENTRANCE TO NORTHWEST BOUNDARY OF OF PHASE I Stripping Exc 500 CY $ 3.00 $ 1,500.00 Fill 750 CY 2.00 1,500.00 Borrow 840 CY 6.00 5,040.00 Base Course 690 T 9.00 6,210.00 Asphalt 160 T 60.00 9,600.00 SUBTOTAL $ 23,850.00 STREET LIGHTS & SIGNS - LIGHTS & SIGNS ALONG JOHNS DRIVE Lights & Bases 3 EA $1,200.00 $ 3,600.00 Power Supply 400 LF 3.00 1,200.00 Signs 3 EA 150.00 450.00 SUBTOTAL $ 5,250.00 "ON -SITE WORK" PARKING & DRIVEWAYS Stripping Exc 440 CY $ 3.00 $ 1,320.00 Fill/Borrow 840 CY 7.00 5,880.00 Subgrade Prep 2,000 SY .75 1,500.00 Asphalt 230 T 65.00 14,950.00 Curb & Gutter 145 LF 8.00 1,160.00 SUBTOTAL $ 24,810.00 DRAINAGE FEATURES 15" CMP 65 LF $ 18.00 $ 1,170.00 18" CMP 30 LF 20.00 600.00 Det Pond Outlet 1 EA 300.00 300.00 Det Pond Exc 200 CY 3.00 600.00 SUBTOTAL $ 2,670.00 Box 2, Winter Park, CO 80482 (303) 726-5166 -1 Box 445, Kremmling, CO 80459 (303) 724-9500 ROCKY MOUNTAIN ENGINEERS, INC. "OFF -SITE WORK" "ON -SITE WORK" SUMMARY - WATER LINE - STREETS - STREET LTS & SIGNS SUBTOTAL - PARKING & DRIVEWAYS - DRAINAGE FEATURES - MISCELLANEOUS SUBTOTAL $ 9,880 23,850 5,250 $38,980 $24,810 2,670 0 $27,480 SUBTOTAL CONSTRUCTION COSTS CONTINGENCY - 10% ENGINEERING CREDIT FROM BLK 2 TOTAL IMPROVEMENTS ESTIMATE $66,460 $ 6,600 $ 5,600 ($ 2,367) $76,293 -2- SEWER LINE 8" PVC Manholes Encasement Connect to Exist WATER LINE 8" DIP Plug Lw VXI%k ROCKY MOUNTAIN ENGINEERS, INC. REVISED JUNE 18, 1985 May 13, 1985 BLOCK 1. TRACTS D & E PUBLIC IMPROVEMENTS ESTIMATE OTY UNIT UNIT PRICE TOTAL 400 LF $ 17.00 2 EA 1,500.00 20 LF 50.00 1 EA 200.00 SUBTOTAL $ 6,800.00 3,000.00 1,000.00 200.00 $ 11,000.00. 180 LF $ 18.00 $ 3,240.00 1 EA 150.00 150.00 SUBTOTAL $ 3,390.00 SUBTOTAL CONSTRUCTION COSTS $ 14,390.00 CONTINGENCY - 10% $ 1,440.00 ENGINEERING - 68 $ 900.00 (Design-Insp-Survey) TOTAL IMPROVEMENTS ESTIMATE $ 16,730.00 Box 2, Winter Park, CO 80482 (303) 726-5166 Box 445, Kremmling, CO 80459 (303) 724-9500 ,/��OCKY MOUNTAIN ENGINEERS, INC. Box 445 eirourr�,�craxeenA sa KREMMLING. COLORADO 80459 LIEUTEQ OF TG3QROM UL (303) 724-9500 WE ARE SENDING YOU A Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ DATE to _x^ r JOB 7N O.^^ ATTENTION tj r RE: r v ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION Z-4 --0¢ / Y) THESE ARE TRANSMITTED as checked below: ❑ For approval For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US It COPY TO SIGNED: rHogICT 240.2 � IK, Gmft, am 01471 If enclosures are not as noted, kindly notify us at once. .. CONDOMINIUM DECLARATION FOR = ELK CREEK.LODGE CONDOMINIUM ASSOCIATION, KNOW ALL MEN BY THESE PRESENTS that:' WHEREAS; INCOME PROPERTY TRUST, hereinafter referred -to as "Declarant,` is the owner -of the following described property y located in;the.County..of Grand, State of Colorado: Elk. Creek' Lodge 'Phase I,,A resubdivision of Block 3, of.a resubdivision of Tracts 'D.and E of,.a -minor. resubdivision.:of Parcel C of Forest Meadows Solar.Communi'ty as recorded at Reception No.. •19378,1., Also lying within 'the north one-half of the:'southwest one -quarter of- Section 20,. .Township 1 -South Range 75- West, of.. the" Sixth• Principal Meridian,.Town of Fraser, Grand County, State of Colorado. said property being' hereinafter referred.to'as "the property," and WHEREAS, 'there •the•'.property is presently vacant, and' Declarant is desirous of establishing —a- condominium project consisting of 18 units and ,.'WHEREAS,. Declarant desires to, establish, by this declaration, ."a plan for the individual ownership of that..part of the property, consisting. of the area or space contained in each. of. the condominium units in said ,building and the co -owner -ship,. as tenants in common, of. all the remainder of the property.and' improvements thereon .which are hereinafter defined and referred.: to as the "common elements. Such plan is hereby declared, to 'be ' for the benefit of !the property and,the owners thereof; their heirs, successors, administrators, grantees and assigns, and is • . for t•he '. purpose of-. designating the property as condominium property -under the, provisions of-the•Condominium Ownership Act of the State of Colorado, Article 33 of Title 38'of Colorado Revised-S.tatute.s 1973, as.amended. NOW, THEREFORE; Declarant' hereby makes the following declaration which shall govern the divisions, conveyances, covenants,' restrictions, limitations, conditions and uses of the 'property hereby specifying .that this ' declaration shall . constitute covenants -to 'run, with the land and shall be binding on. Declarant; its successors and -assigns, and:all subsequent Page- 1 ; *{ owners of, all or.. any.. ,pa•rt .., of thee,property and improvements. Fi thereon,... together ':.,,with:.. -their, grantees, s'uccessors;, 'heirs,, administrators and .assigns.`: }. I . _DEFINITIONS a , A. A11 applicable portions of. definitions as. contained - i in 1973 Colorado 'Revised Statutes; 38-.33=103, '`as' amended,; shall: apply,.,.. to this declaration:'.. .-and .,.the :property except•.;, -as ,part ' icularly.. modified or' changed by:,, individual definitions t hereinafter contained. B. Unit means --the air space wh•ich.is.contained within the unfinished ,perimeter walls, floors and . roofs .of: each''-. unit . of the' building as . shown - on the Condomirii_um 'Map of the,°. property,, to be recorded, together with all .improvements' 'and . ..fixtures within said air space except bear ng-wal.ls, pillars; and utilities passing through said condominium unitto serve. the adjacentcondominiumunit, and except beams.and'portions of the building forming essential supports and. essential structural parts C. "Building" -means<. the building containing the �., condominium units:. D. "Condominium Unit" means the fee simple'inter'est Y and title in and to a unit, together with the undivided.inter.est in - -the general common elements .and the rights"to such limited elements -as are .appurtenant to such unit.. ,E _ ."Owner" means a 'r ; . pe son, persons, firm,,corporation, _ _.;.' partnership, association,, or other legal entity, or any,;' combination . thereof, who or which owns an interest -in one 'or',: more condominium units. F. • "General Common Elements" means and includes the .. land 'described,. as "the property," the structural components of the.. building; and all other parts' of- such land and the', improvements thereon 'necessary or convenient to its existence, maintenance and a safety which are normally and reasonably in; common use, including the air above such land,.(but excepting the air. within. a unit); all of which, shall be owned,as.tenants in .common, by the owners of -the separate units,'each owner of a r unit having an .'undivided - percentage percentage or fractional interest in such general common elements as is hereinafter provided: G. "Limited Common Elements" means 'those parts of the general common. elements which are limited to and reserved"for the exclusive use'of an owner of a condominium unit. H.' "Map,." "Condominium Map," or."Supplemental Map" means and -includes.. the•engineer'ing;,survey of: theland depicting and ..locating, thereon a11. of the. improvements,•the�floor and-. elevation plans - and ° any• .other drawing or . diagrammatic plan depicting• a part ,of or all- of the improvements -and land-. L. "Fractional. Interest" means the' proportionate interest 'of each.c'ondominium unit owner"s'undivided interest in . common elementis to. -both such' interests. J. •'Common Expenses" meansthe expenses of . administration; of'repair and'.maihtenance of.common.elements and building, including, but not limited'to, caring for.the grounds, - roof, walls and stippbrts'., of the building.; and.maintenance'.and repair •'• of the roads adjacent to or- .belonging 'to the; common real ..,estate whether -,presently owned or dedicated to the local government,,"and garages. and private streets, bridle paths.,- pedestrian . --.:trails-, : parking lots,' malls,' sidewalks, private .• common -open space, .private recreational facilities' clubhouses, - storm water and drainage systems.;, including detention pondss-arid detention- areas, 'man-made lakes- and ponds and private rights -of -way on the property -or adjacent thereto for access•to :.., and from,. 'the property; reserve for . repair; maintenance, .taxes and other ..- charges ,'including fire and .'other,...hazard insurance, premiums, and a.'.' liability insurance policywhich policy, in, addition to public; liability, shall � cover repair and construction., . work ' to all -of the, assets and' .property owned • o'r 'to .be 'maintained' by the' Association. Such common e'kpenses shall -be:' paid. in amounts'and,at.times determined reasonable and necessary by the Association for- the best good and convenience of both: condominium unit owners. K. "Association.".means a Colorado nonprofit'•. corporation, bearing, the name of this condominium project,. formed for.,'the -purpose of managing, maintaining, repairing and; administering ''the property and the building..and improvements and common elements, on a part 'of of•the property; of assessing,: collecting -'and applying common expenses, for enforcing this declaration,- for acting as attorney -in -fact or trustee for ;. condominium unit owners as hereafter set forth, .and generally ' for- administering the .property. Its only members.shall'be owners of condominium units. A person who ; for -any reason,- ceases to -be such owner shall cease, to be such member,, which membership provisions shall. be included, in the•Association"s By-laws L. "Managing Agent" means an indivi,dual,, firm,..... partnership. or: corporation authorized to do business-in.the State of Colorado; employed by the Association, to`administer.' and • operate the property and 'to•carry: out such -other duties' as the Association inay: direct in',furtherance of its purposes. Wherever in this Declaration.,a.,duty is'imposed upon, or a right page ' 3 or privilege is -reserved'. to, the -Association, if such duty, .'right or. .privilege'. is ;delegated bthe, _As'sociation to :the Managing Agent, the latter: shall thereupon.be-deemed to have �. assumed such duty and shall be. entitled to exercise such'right . or privilege: Any contract:in regard'to the hiring or..employing of, a'Managing :Agent shall not:be "for, a term in excess of one,'.(:l) year and, s.hall'�.:provide that. the same shall'b,e terminable'on thirty (30_)�: days written notice, with'. or:, without. cause.or payment of '.a termination fee:, ; II . ;MAP. The Map depicting units shall b'e filed for record prior to --the conveyance of .a condominium. -unit to a purchaser. The Map shall depict. and .'show at . least — the the -following:, The legal description. of'. -the land and a survey :thereof ; .the .location of the building; the floor.and elevation.Iplans;.the 1•ocation of the units 'within'the.bu lding, both horizontally and vertically; the thickness' of the common walls' between orseparating .the' units; the location of any structural'components'or.supporting elements of the building" -located within a unit, and ,the unit letter -or symbol. -The Map; .shall : contain the. certif-icate` of- a registered' professional engineer'or licensed•architect,' or both•, certifying that the. " . Map substantially.. depicts: ",the Location_ and the horizontal,.' and vertical..measurements of the building, the units,'." the. unit.'. designations,. the dimensions of the ..units, the elevations. . of.. the, unfinished floors and ceilings as :c.onstru,cted, and that' -,such .Map was prepared subsequent to substantial completion of :the 'improvements.' In interpreting the,.Map the existing physical boundaries" of"' each separate unit' as: constructed shal- 1•, be conclusively presumed -..to be its boundaries. Declarant.reserves the right to amend the. Map, from. time, to time, to conform, the same according to the actual. location of :-,.any of. the "constructed improvements and to establish,. vacate, and relocate easements. _ III. DIVISION OF PROPERTY" INTO'CONDOMINIUM UNITS The property is hereby divided into. the following fee simple estates: A.. Eighteen (18) fee simple estates consisting of eighteen:-•(18) -separa E e qesignated con ominium units, each of . which units shall..be identified on the .Map by letter or symbol. B. The' -..remaining portion of the entire premises, being general.. common elements, which shall'be held in common by the owners of thecondominium units. There -shall be an undivided .1/18th fractional interest therein ".appurtenant to each.: condominium unit., + Page 4 7 77_ 7.7 IV. LIMITED COMMON ELEMENTS Limited' common elements, shall.: be identified on the: Map. Any patio or deck which is accessible fr.om,.associates. with • and, which adjoins'' a' unit_: shall, without .further reference thereto,;, be used . in. connection. with such unit to the exclusion of. the use . •thereof by other � owners 'of the ''general common' elements,. except by 'invitation... Any patios which'are'.identified on the. Map . ,with 'the. same letter or symbol by which a. unit is identified, shall -be -limited common elements for.'the exclusive use of', the.owner.'of the unit -'bearing the same letter or .symbol, Patios which are not. so'. -identified shall- be:-' eneral common . elements. No ..reference.• thereto,. whether such' -limited common elements are exclusive or, non -exclusive, -.need be made. in any . deed,-- instrument of conveyance , .or -,,other instrument, and reference ..is made to the provisions of .paragraph.V of this Declaration... V. DESCRIPTION OF.CONDOMINIUM'UNITS .. Any,', opt-ioh, contract, ._ 'deed, 'lease., mortgage, deed of tru,'st, Will; or ;:similar� instrument; -may' legally :describe a.,.. condominium unit by its' identifying: unit letter or symbol; ....'followed' by' the name'of this condominium with -further reference' ..to. the recorded. Map thereof' and the recorded Condominium, Declaration. Every such description shall be deemed good and sufficient" for'. all purposes, to —,convey, transfer;.encumber,or otherwise -affect .-not:, only the .unit but also the undivided interest in -the general common elements and the limited common i elements appurtenant' -thereto'. Each such -description shall be - construed to include a non-exclusive easement for ingress and egressto an owner "s.unit and use of the general common elements together with the right to use.of, the limited'common elements'. appurtenant "thereto to the exclusion of all third parties not lawfully entitled to the use of'the same. Each unit; the. appurtenant undivided interest in..the general- common elements; and the appurtenant. limited common elements shall.. together comprise one condominium unit, however,.. it may be leased. or encumbered to to three separate living spaces. VI. ASSESSMENT FOR COMMON EXPENSES A. All Owners,' except Declarant, shall be'obligated to pay the estimated common expense assessments (hereinafter sometimes referred to as -"assessments") imposed by the Board of Directors of the Association to meet the common expenses and.. reserves. The assessments shall be made in proportion to each owner's undivided interest. in' thegeneral common elements.. 'Page 5. Declarant shall have "no. obligation to pay the estimated common expense..,assessment•. imposed by the Board of Directors of:.the Association. to meet the common expenses and reserves on Units owned, by:..the Declarant:: After Declarant relinquishes "its right to elect the Board of Directors..of',the Association, Declarant :.' shall be :. obligated',: as any other Owner, in reference to.' Condominium "Units •then owned by. Declarant to.pay the estimated. ?. common expense assessments imposed by the Board of'Directors.to.' meet the common -expenses and reserves: "Except as'provided j elsewhere 'in this --Declaration, the limited -common elements shall' j be maintained as general:common'elements (-except, however, this shall not .'.impose upon the Association the obligation to clean " balconies,' porches and patios, and,the,Owner'having exclusive .use thereof shall- not be... subject to any special charges.or I' assessments for -.the repair or maintenance thereof)- Assessments for the estimated common -expenses shall be.due in advance on the, first day, of - each . calendar' month. If ' anyl .su-ch monthly.. Y installment shall not be paid: within ten (10) days after it shall become.. du.e- and .payable, the Association's Board of Directors may assess a "late charge" thereon in.an amount not exceeding Ten (sl.0.00) Dollars per month.to•,cover the extra cost and expenses, involved 'in handling such delinquent assessments.. Each Owner :hereby agrees that 'the,Association`s lien on a CondominiumUnit'..for.assessment's as hereinbefore•described shall - be superior to .the Homestead' Exemption provided by Section 38-41-201,. C.R,S'. 1973" and* each Owner hereby agrees that the. acceptance of the' deed or -.other instrument•of'conveyance.in. regard to any Condominium Unit,within.this Project.shall.signify such . gr.antee• s waiver of the Homestead right granted in said. Section of the, Colorado statutes The Association or Board of Directors, shall.'cause to be prepared; delivered.or mailed to' - each' Owner at least once each year a -payment statement setting,, .forththe estimated.. common expense.assessments for the ensuing. year.,. Regarding any special. assessments, the.Board"of Directors may implement such procedure as it deems appropriate... B.^ In the event the ownership of a Condominium Unit, title to which is derived from Declarant -,'.commences on a day other than. the, first day of the -assessment• period,, the common expense assessments -.for that period will.be prorated. Common. expense assessments.shal1 be based'upon the cash requirements. deemed to be such aggregate sum as'the Board of ..Directors. of.' the Association.shall from -time to time determine, is necessary to provide for :-the payment of .all estimated expenses. -relating to or connected. with the administration, maintenance, ownership, repair ,.operation, addition, alteration. and improvement of the common elements,.the Project and personal property owned -by the Association except as otherwise provided. Said'. sum may include,-but'shall not be limited to, expenses of management;' taxes and special assessments until separately, assessed;- premiums for insurance; landscaping and care of : Page 6. grounds;. common..lighting.,and'heating;'repairs and renovations; trash collection '.wages; common water sewer charges; legal.and accounting '..fees;. management fees; expenses: and. liabilities incurred by the'Association's-'Board of Directors -on behalf of the Unit ,• Owners under or .by' reason'.,of this Declaration and the .Articles of Incorporation and.* By-laws of the Association; for.:". the creation of reasonable contingency reserve, working'capital- and/or' sinking funds; and any and all other'-costs.•and expenses relating to.the'common, elements,�and/or.the Project. D. Each Owner shail-be obligated to.pay all charges for any separately metered utilities servicing•,his Condominium Unit. In.the.event'that.any utilities are.master metered, then such utility service.., shall be part of the common expense assessments•'here.inbefore provided. ;. E. The omission or failure to fix the. assessment or: deliver or mail a statement for'any period shall not be deemed 'a waiver, modification of'. a release of the Owners from their obligations*to pay -,the same F,.' -The Association, shall,be obligated.to establish a" reserve fund for the maintenance, repair and replacement of. those common elements that must be replaced periodically and . such reserve fund shall_.be funded through the,monthly.payments of the-.. -,,common, expenses and not, by. extraordinary 'special assessments:. G. 'In addition to'the assessments authorized above;. the Association may at ..,any. ,time and from •time to time; . . determine, levy and. assess in any assessment year, which determination, levy and. assessment: may be .made by- ..the,'.: Association "s Board of Directors with - or without. vote -o.f the members of 'the Association,.'a special assessment.applicable.to:.. that particular.assessment year for -the purpose of.defraying,.in'' whole or in part,. the uribudgeted costs, payments` for any deficit' remaining .from a previous period; fees. and expenses of any.... - construction, common elements,- the ' Project,, or any facilities located: thereon, specifically including any fixtures and personal property related thereto. The amounts determined; levied and assessed pursuant -hereto shall be assessed to each Owner in accordance with his undivided interest in the general common elements, and shall be due and payable as set'forth in the Notice of Assessment'promulgated by .the Association's Board of Directors. H. A1'1 Owners of a 'particular Condominium.Unit shall be- jointly and severally -..liable to the Association for'the . payment of all assessments attributable to such Condominium Unit, including the annual assessment for common -expenses and . special assessments assessed against, their particular Condominium Unit. Page 7 VII: EN FOR NONPAYMENT OF COMMON EXPENSES It shall.. be the duty' the •owner. of each condominium unit .'to pay..his. proportionate share of'' he ,expenses of ,. administration,, maintenance and -repair'of the common elements,.' taxes, insurance and fixed,char.ges.•allocated..or assessed to such unit 'arid its corresponding,: condominium : interest, and of any. other expense set". forth- in . Section VI .above. Payment thereof-'' shall. be irr such amounts and at such times as•may be determined by the Association,•(or Managing -Agent).. If any" condominium unit owner shall fail or refuse to.. ••+n make any such ."payment of. the common expenses'when due; the amount thereof," together with late charges,_shall constitute a' lien, on the condominium.int'erest of such owner.'as set forth in y. the deed of conveyance to. him, • together with- his. interest 'in common elements,_and upon the 'recording of notice thereof by the Association (or.'Managing�Agent) in ,the office of the Recorder 'of. Deeds of.-.the.:County in. which• .the property .is' situated, such lien shall. be constituted. upon, such unit owner's interest of condominium property.• prior-to-all.other liens and encumbrance's,.. recorded or. unrecorded,, ..'except, - only Ca)' taxes, ' special, assessments and' -.special: taxes.theretofore.or thereafter levied b'y any political. subdivision ,.or municipal• ,corporation of 'this . stateand other state.or.fe'deral taxes which by law.are alien gon the interest of such unit .owner prior to pre-existing --recorded encumbrances' thereon,, and (b) all:.'sums•-unpaid on a;;: first. "•mortgage.. or• • first deed of trust of record -,-.including. al'1 unpaid. obligatory sums .as may be: provided, by:,such"encumbrance. The --Association (or Managing -Agent)'. shall send a . notice', postage prepaid, to any such encumbrancer whose.. a encumbrance was recorded prior to the:' time of. -recording the ?. notice 'of lien provided for. ' in this section, `at theaddress ., „shown in therecorded. encumbrance; provided that if such' encumbrancer. has 'furnished the Association`,(or. Managing Agent) with another address, then such ,other" address •shall be used, arid. said Association (or Managing Agent). '.shall.not.foreclose its 'S said lien until at". least thirty (301days after the date of-..: depositing such, notice in' the United States mails, postage prepaid;' to the'address of such encumbrancer.. In addition to the lien- and foreclosure of same, as herein provided, the Association (or Managing Agent) may,, at its �a. discretion,. after the notice period provided in'the preceding. paragraph, cause, water service to any unit to be terminated until such time as all arrearages have been .paid. Any' encumbrancer holding a lien on'a-condominium unit may pay any common.expenses payable with respect to such .unit,. and, if so provided in an encumbrance, may add the amount of such payment to the unpaidbalance secured by his lien, and such' {, added amount ,shall have the'same priority'and lien rights as the unpaid balance to.which added: . Page 8 The lien provided for in this section shall be'in favor of -the .Association _ and'. shall be for the benefit .-of all other condominium. unit owners, and may be foreclosed byan action brought in the -name. of the Association -.in a like manner, as a F mortgage of real property. In" any: such foreclosure -the owner. shall be required .to pay the costs. and expenses of. such proceedings,.•'the ,..costs and expenses. -for filing the.'notice or claim of lien,", and all reasonable attorney fees.., The owner', ' shall also' be required �to pay the Association 'all monthly. J assessments f.or the condominium unit during,. the period• -of foreclosure,, and the Association.shall be entitled to a Receiver j. to collect the same. The Association acting'on behalf of the.,' • unit owners, shall have'.the power to.bid,in the interest so foreclosed at foreclosure sale'and'to.acquire and hold,'lease, „mortgage -..and convey the:same';.and the subrogate so much of its rights to such lien as may' be necessary, or expedient to, an insurance. company..which..wi-ll'continue to give total coverage in spite, of nonpayment of' -such defaulting owner "s portion of the premium..-,. The Association (or Managing Agent) and its. officers :-.-and directors-, .shall' not be liable -or accountable i-n damages for... any action taken. pursuant to the -provisions of this Declaration..' ?� The Towne of Fraser,, b and through' its. Board of Trustees: or designated representatives, shall'have.the right.,. but not' the obligatio.n;. to : enforce'all 'of .the provisions•fore as.sessments� and liens = for 'collection. and spending' common expenses, ;and: .funds. as provided in this Declaration to ,the same extent as provided herein:to the.benefit for the Association: ' VIII. OWNER'"S "PERSONAL OBLIGATION FOR PAYMENT 'OF ASSESSMENTS The amount of the common expenses a ssessed.against each condominium unit shal1...be- the personal and individual debt of. the owner ' ..thereof ° "at the time the assessment -is -made. Suit "to recover', a money judgment, for- unpaid common expenses shall be maintainable without foreclosing ..or waiving the lien securing' q, the same. No' owner may exempt himself from liability for his contribution toward the common expenses by'waiver of the.use or. enjoyment of any of -the common 'elements of by, abandonment of his unit. 1, I.X. JOI14T LIABILITY OF TRANSFEROR AND TRANSFEREE The , grantee of condominium unite shal'1 be jointly and z severally liable with the grantor for all unpaid assessments against the latter for his q proportionate share of the, common . !: expenses. up to the time. of- the grant or conveyance, without I prejudice to, the grantee"s right..to.recover'from the grantor .the '. Page 9 �• amounts. paid by -:.,the grantee -therefor; unless said liability is limited by ..the contents of a :Certificate issued'. to the .grantee under. paragr-aph' X below; or. is' avoided b.y the: -non-issuance of such Certificate within.. the ten-day "period as set forth in paragraph X below. "Grantee" as used'in:this paragraph shall not' include one.- who acquired.- title through foreclosure of a " first mortgage. "or a first deed of trust, or though a deed taken in lieu of such foreclosure. X...CERTIFICATE OF ASSESSMENTS Uponpayment . of a reasonable, . fee -not to exceed Twenty-five ($25.00) Dollars and upon the'written request of any owner,. • mor.tgagee, prospective vgrantee or• , prospective mortgagee, of a condominium unit, the' Association. - by.'its financial officer, (or.,Managing Agent)'- shall within ten (10Y days of the receipt' of such request, issue.:a written'Certificate setting forth the ,amount..of unpaid common expense, if any, with respect -to the subject unit; the amount of -the" current .monthly,. assessment and —the date upori" which :such .assessment. becomes .due; and credit for advanced payments or for .prepaid items (including, but, not limited. to-.-insurance,"'premiums). Such Certificate shall -be 'Conclusive "upon theAssociationin favor of persons who rely thereon in good faith.: .Unless such .request for Certificate . of Assessments. be. complied with within .ten (10.) 'days of the receipt of the request, then. '(a) , in. the case of a " request by a mortgagee "or prospective mortgagee, all unpaid common .expenses which' become: due prior to.the date of making. such request' -shall -be subordinate to the lien of.said mortgagee or -prospective' mortgagee,. or (b) .in the' case.: of . a .request by . a prospective' grantee, he.•`shallnot.be.liable for, nor shall the unit conveyed be subject'to a, lien for,,any unpaid assessments or common expenses which became. due prior -"to the date,of making : such request. No'failure to comply,with.such'request, if made. by the owner, shall relieve him,from.personal liability 'for,. or the subject unit from the lien for, any.unpaid assessments or common expenses.. The provisions ,contained in this paragraph shall. not apply-. upon the initial transfer of the condominium• units .by "Declarant. " XI. MORTGAGING A CONDOMINIUM UNIT Any owner shall have. the right from time to time to.. mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall'be one which has first'.and paramount priority under applicable law. The owner of a condominium unit may create junior mortgages ori.the, following conditions: (1) that'any such -'junior mortgages shall always-. be ' subordinate to all of- the terms, conditions, covenants,'. restrictions, uses, limitations, obligations, lien -for common expenses, and other obligations created by this. Page 10 Declaration and the B -laws• and (2) thahe mort a ee under . Y. g g • • . any , junior mortgage:. shal 1, release,. for-, the purpose. of restoration of' -any improvementlupon'the mortgaged premises, al-1 of- his right, .title and ' interest. in' and to .thq proceeds under all insurance policies ..upon said premises which ..insurance. policies were.effected and placed upon-the.mortgaged.premises by the Association. Such release shall be furnished forthwith by a junior. mortgagee upon written request of- the 'Association. XII:. FORECLOSURE,DEED, ETC. In the event any person shall' acquire or be'entitled to the' issuance of -a. (f eed eed,, public trustee's .deed; sheriff "s deed, commissioner's deed,.etc'., the interest so acquired shall be subject to all the provisions.of this Declaration and'to the terms,. provisions, covenants, conditions. 'arid 'limitations contained in the Declaration,,the'Condominium'Map, the By-laws of the 'Association or any restrictions or exceptions affecting such interest then'in force. •XIII. INSURANCE A. The Board of Directors of the Association.shall obtain. and maintain, at all times, to the extent.obtainable,'. policies involving standard. premium- rates, established by the - Colorado .Insurance Commissioner.,• and. written with companies ,;.:. licensed to do' business in - Colorado and having a Best "s :, Insurance' Report rating of V: covering: the risks set forth below: The Board of Directors of,the Association shall not obtain any policy .where': (i) under the terms of the insurance, company charter, -By:laws,-' or policy, contributions or assessments -may..be made against the Mortgagor or.Mortgagee's' designee; or' ' (ii) by the terms .of- carrier "s •charter, By-laws or policy, loss payments are contingent upon action by the company "s Board of Directors; ' policyholders,_ or ..members;, or. (iii) 'the policy includes. any -limiting clauses (other than, -insurance conditions ) which could prevent Mortgagees or the Mortgagor from collecting insurance proceeds. The types of coverages to'be obtained and ;risks to be.covered are as follows,, - to -wit: 1. Fire insurance with extended coverage and' standard endorsements, which endorsements shall include endorsements for vandalism and malicious mischief. Said casualty. insurance• shall insure the entire Condominium Project. and.:any property, the; nature of which is common -element (including.all of.the Units and fixtures therein initially installed by the Declarant but not including furniture; furnishings or other personal property supplied by or installed by Unit Page 11 Owners.). together with all'service equipment contained therein ..in an amount equal to the full' replacement value, without deduction for depreciation. All i policies shall -contain a. standard noncontributory mortgage" clause in favor-., of .each Mortgagee .:of a Condominium Unit,. which shall. provide that the.,loss, 'if, any, thereunder, shall be" payable. to, the Elk'Creek Lodge Association for the use and'benefit.of.Mortgagees :•f as their interests may appear.: 2. If the Condominium Project 'is:.located in 'an area identified by, the Secretary of Housin Y y g and urban i Development as an area having special flood'hazards and - the. sale of Flood Insurance 'has been made available r under the National Flood -•'Insurance Act- of 1968, a "blanket" policy of flood ;insurance on the Condominium Project in an amount which is the lesser -of .the',maximui m amount of insuran.ce,,.available 'under the Act. or the . aggregate of, the unpaid',principal balances.,of. the Mortgages on the .'Condominium... Units comprising the ". Condominium Project. r. 3. Public liability and property damage insurance`. in such -limits, as the Board of Directors of the Association may from 'time 'to- time determine, ,.but not in an amount less than $500,000.00 per injury; per person' per occurrence and umbrell'a-, liability limits of $1,000,000.00 per occurrence," covering claims for bodily injury or property damage. Coverage shall' .include,-- without limitation, liability. for personal ); =i injuries, operation of automobiles on behalf.of the Association, and activities in connection, with the ownership, operation, maintenance and .other use of the j project. Said ' policy, shall also contain a "severability of interest" endorsement. j: .4. Worker's Compensation and employer "s. liability insurance and all other similar'insurance with respect - to employees of the Association in the amounts and in the' forms now or hereafter required by law. f,.. 5.- The Association shall.. purchase adequate fidelity coverage against dishonesty of employees, j destruction -or disappearance of.money or securities and forgery. Said policy shall also contain -endorsements �. thereto covering any person who serves the Association i,.. without compensation. ' . ' 6. The Association may obtain insurance against such..- other risks, of a similar or. dissimilar nature,- as it shall deem appropriate with respect 'to the Project, including plate or other" glass insurance and any personal property of the Association located thereon.. Page 12 B. All policies of insurance to.the'.extent obtainable shall contain waiver of "_subrogation and waiver of any defense.. s based on invalidity arising --from any acts'of a Condominium Unit Owner and' shal"l provide that 'such policies may not 'be cancel led or modified without at least ten (10).days prior written notice to all of the -insureds, including Mortgagees:' If requested in a., writing by one.or more of the. -Mortgagees, duplicate originals of �.. all policies- and renewals%. .thereof, together. with proof of.' payments of premiums, shall be delivered to.'all Mortgagees at, least ten(10) days prior to 'expiration of the then.current policies. The:insurance shall'be carried in blanket"form naming the -Elk Creek Lodge Condominium'Association as the insured, as . attorney -in -fact for all of the Condominium Unit Owners, which policy or.- policies shall identify the, interest of. each Condominium-. .Unit Owner' (Owner's name and Unit -number' designation ); • and first, Mortgagee. Further", . the Association 1` shall require the- insurance'.. company or companies providing the.' insurance.•coverages. described• herein.to`prov'ide each Owner and Mortgagee- a Certificatef.' oInsurance in regard to •such .Owner"'s'' individual -Condominium Unit. C.. Condominium '.Unit 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 b,y. the ' Board. of ;Directors shall not be affected. or diminished.. by reason of any such additional insurance carried by'' any.Unit- Owner. D. Insuranc-e coverage on furnishings, including carpet, -draperies, oven, range,. refrigerator, wallpaper, disposal and other itemsof personalty.. or other property belonging to an Owner and 'publ-ic liability coverage within each Unit shall be the sole and direct.responsibility of the Unit Owner thereof, and the Board of Directors, the Association and/or the Managing Agent shall have no responsibility therefor. E. In the event that .there shall be any damage or destruction t'o, or loss of or taking of a Unit which exceeds .$1,.000.00 or any damage or destruction to, or loss to or taking of the common elements which exceeds $10,000.00', then notice of such damage or loss or taking shall be given by the Association to. each first.Mortga.gee of said Condominium Unit within ten (10)' days after the occurrence of such event and the cost of repair is determined. XIV. ASSOCIATION ATTORNEY -IN -FACT -- This. Declaration does 'hereby. make mandatory the irrevocable appointment of an'.attorney-in-fact to deal with'the property upon.its;destruction or obsolescence. Page . 13 Title � • any condominium unit is declared..and expressly . made 'subject 'to the terms and -conditions hereof, and acceptance by any grantee of, a deed from the Declarant or from any owner shall constitute. appointment :of the attorney -in -fact, herein provided. All of the owners irrevocably constitute and appoint,'-'' the Association their true and lawful attorney in'their name, place and, stead for the purpose of dealing with the property- �. upon. its destruction or -obsolescence as'is.hereafter provided. As • attorney-rn-f.act, .the Association, by. its president and secretary,, shall have full and complete authorization, right and ;. power to make, execute, and deliver to itself.orla third person any. contract, deed or.any other instrument with respect to the interest. of condominium unit owner which, are necessary and appropriate to- exercise the powers herein granted. Repair and, reconstruction of the improvement(s) as used in the succeeding paragraphs means --restoring the improvement (s.) .to -substantially. the same condition in which',it existed prior.to the damage, with each. condominium -unit and the general .and limited common elements having. the same vertical and horizontal boundaries.a,s before. The proceeds of an'y-,insurance collected shall be. available to the Association asset forth.in Paragraph XV below.. Such power of attorney includes a power to, subject.a unit owners condominium interest and/or percentage ownership to whatever rights area. necessary (including entry of a'unit in an emergency) to pe.rmit.proper maintenance, repair and improvement. to, each .and all -condominium-buildings and common areas by the Association, or.by the Managing.•Agent. XV. 'DESTRUCTION, DAMAGE OR OBSOLESCENCE This :Declaration does hereby' make mandatory the, irrevocable appointment of an attorney -in -fact to deal with the Project in the event of its destruction, damage,' obsolescence or condemnation,' including the repair, replacement and improvement of any Condominium Units, buildings, common elements or -other portion of the Project which has been so destroyed, damaged-. condemned or becomes obsolete. Title to any Condominium Unit is declared' and: expressly made subject to the terms',and conditions hereof, 'and acceptance by any grantee of :a deed or other instrument of conveyance from the Declarant or from any Owner or' grantor shall constitute.. appointment of the attorney -in -fact 'herein provided. All of the Owners irrevocably -constitute and appoint the Elk- Creek Lodge. Condominium Association as their true and lawful attorney in their name, place and stead, for the purpose of dealing with the Project upon its damage, destruction, obsolescence- or. condemnation as is hereinafter provided.• As attorney -in -fact, 'the' Association, by its President and Secretary or Assistant Secretary or its other duly authorized officers and agents,• shall have full and complete authorization, right and power to make', execute and deliver any contract, deed, or other instrument with respect.to the -interest Page.14 of a Condominit Unit Owner which: are necessary and appropriate to exercise the...powers. herein -granted... In the event that the Association is dissolved or becomes defunct, a'meeting of the - condominium Unit Owners .shall. be held within thirty (30) days.. .after either such event: At such meeting. a .'new,. attorney -in -fact,-' to deal,with the project upon its destruction, damage, obsolescence, or condemnation shall be appointed.' -'Said. - appointment. -:,must. be '.approved' by the Owners representing.an aggregate ownership. interest of one hundred, .(100%) per cent of the, common elements and one hundred (100%) per,cent:of the first Mortgagees' of the Condominium Units. Repair and.reconstru'ction.. of the improvements as used in the succeeding subparagraphs means restoring the„ improvement(s) to .,substantially the same condition in 'which they existed prior to the damage, with.each: Unit'' and- the: -'general and .limited common elements having substantially the same vertical -and 'horizontal boundaries as before, arid' all improvements being reconstructed or repaired in substantial' - , conformance with the ' . Project "s' original'' architectural pl'ah and scheme`to the extent then reasonably and' economically' feasible. The proceeds of any insurance collected shall -be available to the Association for the purpose of -repair, restoration, reconstruction ',or replacement- unless all of the Owners and al-1 first - Mortgagees ' agree not to' -re -build in accordance with prov.isions' hereinafter set, forth. A: In the event:o.f damage or destruction due to fire �. or other- disaster, the insurance proceeds;' if sufficient to' reconstruct the improvement(-s), shall be applied by. the Association, as.. attorney -in -fact, to such reconstruction, and the improvement(s) shall be promptly' repaired and, reconstructed. The -Association shall have full authority., right: and power-: as' attorney -in -fact to cause the repair and restoration of the improvement(s). Assessments for common expenses shall not be abated during the period of insurance adjudgments-and repair and reconstruction. B. If the.insurance.proceeds are sufficient to repair.: and reconstruct the. .improvement(s)-, and if such damage is not more than. seventy (70%) per cent'of the total'r.ep.lacement cost of all, of.,the Condominium Units in this Project, not including land, such. damage or destruction shall be promptly -repaired and reconstructed by the Association as attorney -in -fact, using the proceedsof insurance and the proceeds of special.a.ssessment to be madeagainst_ all of the Owners and their Condominium Units. Such special. assessment shallbe a common expense and pro rata according to each. Owner"s undivided interest -in the general common elements and,.shall be due and payable within. thirty (30) days after written .notice thereof. The Association shall have full. authority, right and power 'as attorney -in -fact, to cause .the repair, replacement 'or restoration of the.improvement(s) using all of the insurance proceeds for such' purpose, notwithstanding the .failure. of .an Owner to pay -the assessment. The 'assessment -provided for herein shall be a debt of each Owner Page 15 and a lien on his Condominium Unit and may be-enforced'and collected as. is provided .in Paragraph VII-above.. In addition thereto,,, the Association, as attorney-in-fact,.sha'll have.the absolute right and power to. sell.the Condominium Unit of any,,., Owner refusing or failing to pay such deficiency assessment within- the time provided, and if not so paid, the Association shall cause to be.recorded a notice that-the'Condominium Unit -of. the delinquent. -,Owner shall be .sold by the 'Association, as-, "attorney -in -fact, pursuant .'to !the provisions of this Section.. Assessments for the.common expenses sh"all not'be abated during, the period of insurance.; adjustment and repair ..and. reconstruction..' The 'delinquent Owner shall be required .to'pay to the Association the.costs,'and expenses for filing the notice,' interest at a .'rate., of ten(10%).'.per cent per annum, on the amount .of assessment and all reasonable attorney fees:., The , -proceeds derived from-the:sale of such'Condominium Unit shall be used" and disbursed by the Association, as attorney -in -fact, in the following -order: .1 For payment. of the balance of the lien*of any first Mortgage. 2. For. .'payment of ,taxes and .special assessments liens in. favor- of. any' assessing, entity and the .customary expenses- of, sale; 3. For payment of unpaid common expenses and all _ costs, expenses and fees'.incurred by the Association; 4. For payment.of junior liens and encumbrances in the order of and to the extent of,their.priority; and 5. The balance remaining, if any, shall:h"e paid to the Condominium Unit Owner. C. If'. -the .insurance proceeds .'are insufficient to repair and reconstruct the improvemeht(s), and if such damage'is, more than seventy-(70%) of the total replacement cost of all of the.. condominium Units in this Project,.not including land, such damage or.' destruction shall be promptly repaired and reconstructed by the Association,: as attorney -in -fact', using the proceeds of insurance and'the proceeds'of special assessment to be made against all the Owners and their Condominium'Units, provided, however., that of the common elements and fifty (50%) per cent.,of the' first Mortgagees of record may agree not'to ..repair or reconstruct the improvements.; a'nd in such event, the, Association shall forthwith record a. notice setting forth such fact or facts, and upon the recording of.such notice by the Association.'s President and. Secretary "or Assistant Secretary,' the entire Project shall be sold by -the Association pursuant to the provisions- of .this Section,,as attorney -in -fact, for all of Page 16 i'�'.�.^'•?.'.'.�'fr+-^•ii.�'�'��...F-'i�.JZ^„CR°M1�VSS•i'[„r-:?+.5:.�. - � ��r"-T;� T` _.�� , -i � -. e � �� ���' � .. 'and h Owners free clear of the provisions contained in this the P Declaration, the Map, Articles of: Incorporation and.'By-laws. Assessments,. for common expenses -shall not be -,abated during the period prior, to' sale:" The insurance settlement proceeds shall be collected by the- Association, and such proceeds shall be ti. divided by the Association according to each Owner.'s interest in ' the common.- elements,, and. such divided,proceeds shall be paid' into separate accounts,' each -such account representing one of the condominium: Units: Each such account shall be in the name ..of the.. Association, and shall be further identified by"the 'Condominium Unit designation'and the name of: -the Owner. From ' each separate -account the Association, as attorney -in -fact.,-, shall fort-hwi•th use and disburse_ the -total amount of each of } such accounts, -without contribution from one account to another; . toward_ the partial or full payment of the lien of any first Mortgagee '.encumbering.,• the condominium Unit represented by such. separate account.. Thereafter,each such. account shall be r supplemented by 'the apportioned -amount of.the'proceeds obtained "from the -.sale of",the entire Property. .-Such apportionment shall be based upon. each Condominium Unit Owner"s interest -in the common. elements., The total funds of each account shall be used ,. and disbursed, without contribution, form one account to another " by the Association,' as attorney-in-fact,.for the same.purposes . and in the same order as is provided in'subsection B. 1-through 5' of this paragraph. In the event that-the'damage.is to be repaired or reconstruction -is to be made, then•the.provisions•of " Paragraph XV B. shall apply: �. D. The Owners .representing. an aggregate ownership interest of one hundred (100%) per cent of.the..common elements may agree that the condominium Units are-obsolete'and.that the same should be -'sold. Such plan or agreement must have the "., approval of all of the, first. Mortgagees of the Condominium } Units. In such -instance, the -Association shall forthwith record notice setting forth such fact or facts,. -and upon'' the ' recording of ,such notice •by, the. Association's President arid' r Secretary -or Assistant Secretary, the entire Project shall be sold by the Association, as attorney -in -fact', for all of, the'. Owners, free' and 'clear of the provisions contained in its �. Declaration,.. the Map, the Articles of Incorporation and the By-laws.. The sale' proceeds shall be apporti.oned'among the i•_ Owners on the basis of each Owner's interest in the common elements, and such apportioned proceeds shall be paid into separate, accounts, each such account representing one .. Condominium Unit. Each such account shall be in the name of the ' Association -and shall be further identified -by -the Condominium Unit designation and the name of the Owners. From each separate account, the. Association, as attorney -in -fact shall 'use and disburse the, total amount "of each of such accounts,without'' contribution from. one account to another•for the same purposes. " and 'in the same order as is provided in.subsection B. 1•through :.. 5-of-this Paragraph.XV. Page- 17 1XVI. CONDEMNATION If: at': any. time or -times during the continuance of the Condominium ownership pursuant to this Declaration, -all or any part of the condominium project shall'.be taken.or condemned'.by any public authority.,or sold or -otherwise disposed of in lieu of-. or in avoidance ' ' thereof, 'the following provisions of this. Article shall. apply: A. Proceeds: All-.' Compensation, damages- or other proceeds.. therefrom, the sum of which is'hereafter-called the "Condemnation Award." shall bepayable to:the Association. B. Complete. Taking. 1. In.the event that the entire project is taken or condemned, or sold or'otherwise disposed -of in lieu of: or' in...avoidance thereof , the.condominium ownership pursuant hereto'. shall terminate.. The Condemnation Award shall be apportioned among the owners on the same basis 'Of. dach'Condominium. 'Unit owner -s interest in' .the general;, common elements; provided, however, that if a standard different from the 'value'of the -property as -a whole is employed - as a, measure' of the. Condemnation Award in the'ne'gotia-ti-on,'ju'dicial decree or otherwise, -then: in determining' such, Shares'' the same' -standard shall be employed ..to the extent thAt it is relevant and. applicable. 2. On the basis of the,.principle set forth in the la'st -precediing'pAragraph, the'Association' shall as soon as .practicable 'determine the share'of-the ' Condemnation Award towhich each` owner is entitled.' Such shares shall 'be .-paid into separate accounts and disbursed as soon as practicable in'. ;the same mann . er-provided-in paragraph-XV of this Declaration. C. Partial Taking: In the.event.that'l.ess that the entire condominium :project is taken or condemned, sold or otherwise ..disposed in lieu of or in avoidance thereof, the e .condominium ownership hereunder shall not. terminate. Eachownershall be entitled• to a share of the Condemnation Award to be -determined ' in the following manner.: As soon -as practicable the Association shall ..reasonably..and in'.good faith, allocate the Condemnation. 'Awardbetween- compensation, damages or other. proceeds'. -and shall apportion the amounts so allocated among the owners as follows: (a) the total.am6unt allocated to taking of or -injury to the common elements, shall be apportioned among' the owners Ion the basis of each owner's interest.respec.tively in the .common. elements; (b) the total amount allocated to severance damages shall be apportioned -to those Condominium Units which were -!not taken or cond . emned; (c) the respective amounts allocated, to. the taking' or 'injury to a particular Unit and to Page 18 the improvement an,.owner ha's made withilks own Unit shall be apportioned. -.to .t•he particular'.Unit involved and (d) the total. amount allocated' to consequential da'mag.es and any other takings or injuries shall'.be apportioned as the Association of the rj • . Condemnation'. "Award is already. ` established .in negotiations, judicial decree or otherwise, then in allocation the. '.' Condemnation it is.':relevant and applicable.. Distribution of .A. apportioned- proceeds' -shall be disbursed as'soon as practicable in the. same, manner as :provi'ded. in paragraph XV. In the event a 'i partial taking results in the.. taking of a complete Unit,' the 'F owner thereof, automatically -shall cease to be a member of the ;y Association,' shall cease to hold any right, title.or• interest in the remaining` common .elements and shall lexecute any and all n doduments necessary to accomplish the.. same. Thereafter, the 'Condominium' project and,all provisions of this. Declaration-shall'. be deemed to.be forthwith terminated. D .. The 'Associatoon shall notify .each first mortgagee of any Condominium Unit of the commencement of .the condemnation proceedings and.shall notify.said mortgagees in -the -event of the taking of all ..or!any party of .the ,general common elements, and the Asso'ciation,'shall make all proceeds checks.payable jointly to the respective Unit Owner and his.first Mortgagee. XVII -EASEMENT FOR MINOR ENCROACHMENTS 'The -.ownersi of the respective Condominium Units agree that:; if as. a result of the construction, reconstruction, repair., shifting," settlement. or movement of the structure, any, portion 'of :the.common areas and facilities encroaches upon, the _condominium., -units, or ' if 'any portion of' a unit -encroaches upon A the general common elements, or upon an adjoining unit or units, ' a va.lid.easement for the'encroachme6t and for the maintenance.of.., same,... so. long as It stands,- shall and does exist. In the event J a structure is partially or totally destroyed, and then rebuilt, the owners : of condominium units 'therein agree that minor ':.. encroachment of parts of the common areas and facilities due to :! construction • sha-ll- be permitted and that valid easement for 'said encroachment and the' maintenance', therof shall exist.. None of such encroachment -and the maintenance thereof shall exist. None of such encroachments. 'or easements shall be considered or �1 determined to be. encumbrances either on the general common elements or'on the units. There - is hereby created a -blanket easement up9p.- across, over and under the above -described premises for ingress, t egress,, installation, replacing repairing and maintaining all utilities, including. but not limited to water, sewers, gas, 1 telephones and electricity, and a master' television.antenna '.system. By "virtue of this easement,' it shall be expressly permissible• for- the providing electrical and/or telephone i� company to erect- and maintain necessary equipment on, said Page '.19 4 c�,g70i1�7+Pc �sm�tcc +.�e*��r�nT:^7C^r,.c--s^�^+�'c. ,-. — —T•- - ,--..-- -. -. ..-• -- .. .�r . - property. and , affix:and'ma.intain elecal'and/or telephone wires, circuits and conduits. on, --ab.ove, across and under the roofs-. and ` exterior, walls of said condominium' units' .Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines; water lines or other. utilities -may be installed or;'relocated on said premises except "9 as initially programmed and -approved by- 'Declarant or thereafter 1 approved- by said Dec.larant:'or the Association's Board of ! .-Di-rectors ..... - This easement .shall in no way affect any other. recorded.easement on.said premises.: An easement is also. reserved in, ,on and',over each condominium unit to permit the Association'or--its designees to effect, any-. desired .'necessary maintenance :or repairs to the buildin XVIII. USE. AND OCCUPANCY RESTRICTIONS -A. The property is hereby, 'restricted to use as Y a condominium resort complex. No Buildings or structures shall -be .from moved- other locations bnto. said premises. For Units through 17, use will . be limited, to .single .family residence and - for Unit 18, use�limited•to restaurant and. commercial use.. No structure of a temporary character, trailer, basement, ten shack', garage, barn, or other;outbuilding shall be.used on any portion - portion - .of the premises, at' any, time as a residence either permanently. B: No' ,animals, livestock. or pou.ltry of, 'any, kind, .shall be. raised, bred or kept on the.property or in agreement, except that 'dogs,..,.cats or. other household pets may''be kept provided �.:.- that they are not kept,- bred .or maintained for .any commercial �.` purpose, :and. -are kept in -the, kennel area provided. 9 .. C.. No advertising signs,. billboards, unsightly. objects, or nuisances shall.be erected, placed or permitted to ;:. remain on -the premises, nor shall,the premises be used in "any way or for any purpose which may endanger the :health or. ' reasonably disturb the „ owner. of any condominium unit or any resident. thereof:. Further, no'business activities of any kind j whatever shall be conducted in'any building br•in any portion of I •the property. :-D.• A11'clotheslines, equipment, garbage cans; service yards, wood piles,, or storage piles shall be confined to areas designated. by the Association (or Managing Agent)., -All rubbish, trash, or garbage shall -be ..regularly. removed from the premises, and shall not be allowed to accumulate thereon. E. Except in the individual patio areas', no planting or gardening -shall be done, and no fences, hedges or walls shall be erected or maintained upon, -said premises, except such as are Page 20 installed in Ar-dance with the initial constructinn•nf trA building located thereon or as approved by the Association's Board of. Directors or their designated representative. The owners of condominium units are hereby prohibited and restricted from using 'any.' land or air space outside the exterior building lines, except as may be allowed by the Association:'s Board of Directors or as 'provided'in this declaration. It is expressly acknowledged and. agreed. by a.11. ' parties . concerned 'that this' paragraph 'is-for.the mutual benefit of all owners of condominium units and is necessary for.the protection of said owners. F_. .. Any cooperative action 'necessary or 'appropriate to the proper maintenance and upke'ep.of the common elements and.all exteriors and roofs of the condominium units, including, but not ...limited to,..walls,:.shall be'.taken by the Association. G. The Association' or its duly delegated representative; shall maintain'and'otherwise manage all property up to the.exterior•building lines and including,- but not 1•imited to the landscaping;.roofs,.common elements and exteriors of the building located upon the above -described -property , -except windows. of condominium units, and shall maintain and otherwise manage and be .responsible: -for -the rubbish removal of all areas within the above -described property. H.. No ' exterior additions, or alterations to the 'building or changes in fences; •hedges,. walls and other structures" shall be commenced,.erected or•maintained until the - plans .and" .specifications shall, b.e commenced, erected or :maintained -until the plans` and specifications showing the - nature, kind, shape, height, materials, location and approximate cost of sale shall -have- been .submitted to and approved in ....writing' as.,.•tgT,!:the ,conformity -and harmony of external -design and location .. with: `- .existing -structure in the property by an architectural:,committee composed, of the -Board of Directors of the Association,' -or by a representative designated by the board. of Directors. I. In the event.. any common element, building .(exclusive of':.any," party wall), -or facility is damaged or destroyed', through' the negligent or culpable act of an.owner.or any of .'his guests, agents or members of his family, such owner does hereby irrevocably -authorize. the Association 'its attorney -in -fact as set forth in Paragraph XIV above, to repair said damaged- element or building, and the Association shall so repair said, damaged -element or building. The owner shall then repay .the Association in the amount actually expended.for said repairs, together with all other expenses reasonably. and .necessarily, incurred by the Association in connection -therewith * onnection therewith: Each .condominium .unit owner further.agrees that these charges for repairs, if not paid 'within ten (10) days after the completion of the work, shall become lien upon'said owners condominium interest as set forth in paragraph VII above, and shall.continue to.be such lien until fully paid. Page 21 �'P�'r�„7.�.%�/S�f��n7.'::€;.�.+"a�:.�-.ir-=�_.x!s::";�Gc�Tr;:9rcw'^s�^�;T'; - ,- .. .. ... ._• ,_r - -r •: „ - - J. :No exterior' television or radio -antennas of any sort shall"be`placed; allowed., -or maintained upon any portion of the improvements to be located•upon-the premises,.nor upon the - structure situated upon.said•real.property,,other. than an aerial for' -a,. master antenna system, should any such master system or systems be utilized and require -any -such exterior antenna. K. An `owner shall maintain and keep in repair the interior' of,.,his own unit; including the fixtures thereof. -All r fixtures and 'equipment installed within a condominium unit : commencing, at a :point where the utility.lines, pipes,' wires, conduits or'systems (which for brevity are hereafter referred to r'! as "utilities") enter the unit shall be maintained and kept.'in repair by the owner thereof. L. All. leases of units shall be in writing and'shall provide that. •the terms..of the- lease shall be subje'ct.in all respects to the _provisions of' 'this Declaration and the By-laws of the Association and 'any failure of a lessee to comply with . the terms -of the Declaration and By-laws will •be`clefault under said lessee's lease.. Other than -.is,...limited in . th:is subparagraph,. . there -is • no .restriction on the..r-ight of any unit owner to 'lease his .unit.. M. An.owner shall not'do any.act or any work that will impair the structural.soundness•or.integrity of.the building or impair any easement or hereditament. XIX. PARTITION.PROHIBITED The common ,.element.s shall -be owned in common by all of the Owners of the Units and shall.r,ema•in undivided. By the. acceptance of his deed or other instrument -of .conveyance or assignment, each Owner specifically. waives' his right to .'institute -and/or,maintain a -partition action or any other action designed to cause a division . of. the -common elements:.. Each Owner specifically agrees not to —institute any -action 'therefor. Furthermore, each- Owner agrees that this Paragraph XIX may be pleaded, as a bar to -the,-maintenance of such an action.- A Violation of this provision shall entitle the Association to personally collect, jointly and severally, from the parties violating the same, the actual attorney fees, costs and other damages the Association incurs in connection therewith. Further, all Owners, and -the Association, covenant that except as provided in Paragraph XV, they shall' neither•by act nor ...omission, seek to abandon,.subdivide, encumber, sell or transfer the common elements without first obtaining the written.consent of all of the first Mortgagees of the individual Condominium Units. Each such Mortgagee shall have one vote for each Mortgage owned by it. Any' such action without the written consent.of said Mortgagees shall be null and void. Page 22 �spZs.;farR•s-rs�: ,�, - arc-r�t:;� � -T•; err•....,-s<,. �.>r,.� -, •- . -� - � - -, � .. � � . - "� �., .. .. ,.XX._..RECORDS OF RECEIPTS AND EXPENDITURES The,, Association•'.shall••,'keep detailed, accurate records' in . chronological.,..-o rder of, the receipts and expenditures.. '• ' . affecting, • .the coon elements,. specifying-'.. and' itemizing .the maintenance and,repair.expenses"of.common elements and any other common..expenses incurred. Such records, and. the, vouchers authorizing_.. the payments , shall. be available for .examination': by. 'the condominium.-: -unit. owners.. and others with .an interest ,s:uch ­ As' ••• j' encumbrancers or. prospective lenders at convenient.hours.of.'week , 3 days' -XXI. 'REVOCATION OF.OR:AMENDMENT TO DECLARATION A. This Declaration shall not be revoked nor shall any. of the provisions herein 'be amended. unless 'the owners representing an aggregate .ownership interest of one hundred (100%) 'per .cent of the general common elements unanimously consent: and agree to such. revocation or amendment by, instruments) duly- recorded. Revocationof this Declaration or. amendment of any of itsprovisions shall in any event require „ prior written .approval of each holder of any.recorded mortgage or deed .•of trust covering ,or. affecting any or .all condominium units. B. In 'addition to the .above, the assessment and lien rights as provided in this' •Declaration and .in By -Laws of the ' Association shall not 'be amended.nor dissolved,.'nor.shall this Declaration be- totally dissolved,. without the approval of the Town of Fraser's.Board.of Trustees. XXII. PERIOD OF' CONDOMINIUM OWNERSHIP +. The separate condominium estates created by the Declarat.ion.:and•the Map shall continue until this Declaration is revoked in the manner and as is provided in paragraph XXI.of- this. Declaration or until terminated. in the manner and�as,is ' provided in paragraph XV of this Declaration. ' XXII.I. COMPLIANCE WITH DECLARATION-AND'ASSOCIATION . 1. Each owner shall comply strictly with the provisions of' - this Declaration,' of the Articles of Incorporation of the:.., Association and its By-laws; and of the decisions and :. resolutions of the Association lawfully passed from-atime to time.- Failure -to comply with any of the same shall be grounds. for an action to recover f.or damages, for injunctive relief, or i both, and for reimbursement .of all -attorney fees and costs incurred in' connection therewith'. Such action -shall. be j maintained by the -Board of Directors of the Association, in the • Page 23 name of -the Association;' for and on behalf of the :remaining { owners;. or. in .. a proper'..case.,. may_ be maintained :by an. aggrieved owner'. , XXIV. SEVERABILITY If any -.provisions.: of this . •Decl,ara.tion or•' any section; sentence, clause; phrase -or work,'or•the application thereof in , s'.. any . circumstance; . is held 'invalid; the - validity of .the -remainder of the Declaration and•of the.application of any such provision, section, sentence; .clause.,- phrase '.or word in: any other .,circumstances. -shall not be,affected thereby. XXV: .'LANGUAGE' VARIATION . -The use of pronouns.' or o,f• singular •or plural as used herein shall.. -be deemed to be changed as necessary to conform 'to actual facts.' IN : WITNESS WHEREOF; the Declarant .has executed the foregoing Condominium Declaration this day'of. 198_ INCOME PROPERTY TRUST s William T. Ho1sman, Executive Trustee {' Albert I. Sandsmark Managing Trustee l r. Page 24 I :,. STATE-OF.COLORADO } } ss. COUNTY OF The foregoing. -instrument was.-a'cknowledged before me this _ day of 198 , by -William T. Holsman, as Executive Trustee, and Albert I.:.- Sandsmark, as.. Managing Trustee,_ of Income Property Trust, a Colorado corporation. -Witness my'han'd and official seal. My 'commission expires: Notary Public/Address i Page' 25. „T �rCi:7 ul5�u.7�cu 1d`JL Lall. C.B. mentioned that Mt. Mobile may be able to provide engineering services for this pan. Clerk to contact them... ELK CREEK LODGE FINAL PLAT Hartlaub questioned several items in the title report., and was -.,satisfied ,'...-Board discussed the access easment as it is languaged at this point J h time and the evential dedication of the ROW, with regards to a full understanding of all parties concerned. Clayton concerned that the improvements of John's Drive is not satifactory with ending at the east property line, requirement should be to finish to the west property line at this time with improvement cost added to Exhibit A..,( est. sheet for improvements). Parking spaces are tight for fire equipment. Parking spaces 7-13 to be signed for compact cars. 4.C.B. reviewed all of the P.C. conditions with all of those items addressed. Clayton made a motion that the final plat be approved and allow Town sign -off with the following to be met: 1. School .fees to be formulated and paid before plat is signed. 2. Documentation as to the Myers release as a lein holder before signing of plat. 'a• 3. Signed approved Condo. Decs. 4. Date for completion of the improvement to be Sept. 861. 5. Exhibit A.,. the cost est. for improvements, have -additional money added for the John's Drive improvements to the West property line of this phase.' • f .o 6. Fire Dist. approvals before releasing a building permit. i 7. REsolution releasing block;3 and I from the plat restriction of Forest Meadows. �,•. • ' 8.. Plat fees to be collected before signage. I 9.. Grand Land Co. release as lein holder. ;,:Schauner 2nd motion, carried. �Buchheister made a motion to•`approve the improvements agreement, ;':.•and Resolution to release block 3 and I from the plat restrictions •..,With the above conditions, 2nd Schauner. carried. Lock -outs for this project were discussed. As long as a kitchen is not included the density is not affected. Board discussed with Don Drake the problems at County Rd. 72, '.Drake stated that Doc Susie nor Elk Creek Drive could be funded as of yet. 72 entrance -will be finished soon. Realignment of ,County -Rd.•804 ( meadow ridge road) was discussed. Board to get a plan ^;fpr this in the near future. Meeting adjourned. 10':00 p.m. K&E 19-1153/81576 1 \TOWN ERASER \ �� � 4 1 \ 40 SITE VICINITY MAP ELK CREEK LODGE A SUBDIVISION OF BLOCK 3, OF A RESUBDIVISION OF TRACTS D & Ell OF A MINOR RESUBDIVISION OF PARCEL C', FOREST MEADOWS SOLAR COMMUNITY LYING WITHIN THE N I/2 SW I/4 OF SECTION 20, TOWNSHIP I SOUTH, RANGE 75 WEST, OF THE 6th P.M., TOWN OF ERASER, GRAND COUNTY, COLORADO SCALE 1 "=2000' 36 00-W N00°06' 18"W 14' R-O-W- BK 334, PG 101 35.00os ,N89 53 42 E a arm 1 \ 1 0 5.0 0' 29_ sO 6" PVCcl S� N895 ti /0 06s.. o © 6 03'42"E 157.50' o O g0s,\ 42 o 22' R-O-W- BW 334, PGS, 99- 100 0% LAI 00 APPROXIMATE LOCATION 0�— 100 YR. FLOOD ZONE LINE O/ ' , \ g ,O 1 0 0. 1 8' \� \► N86 33'S9"WZ 30' (TYP.) I _ 0 00 Cp -----------,-------- - �� N O N68 ?9. s9 , 30' SET BACK (TYP) .� O i _ _ 1 -SOUTH LINE NW I /4 SW I /4 Z \SW CORNER NW 1 /4 SW 1 /4 SECTION 20, T IS, R75W, 6th. P M REGIS MARYVILLE, INC. 1) ,: - HNS DP I VE CONNE !NF qjM THE EAST PROPERTY L I %E OF BLOCK 3 TO THE NORTHWEST BOUNDARY OF PHASE I _HALL BE CONST OC7 HE TOWN'S STANDARD`, AND THE ROADWiA'. 7HA !_ F : E THE W 1 2 H SHOWN ON THE FLAT, STANDARD STREET AND SPEED S 1 SNS SHALL BE �7'1170 ALUN5 , OI NS DRIVE AS WELL AS OTHER S I GPI` AS NEEDED FOR IDENTIFYING SPEED CONDITIONS PR mv!DiNG OCR 7RDERI_° TRAFFIC FLOW. _"' L-ETION jGHNS DRIVE FRDI`�4 THE EAST PROPERTY LINE OF BLOCK 3 TO THE EAST LINE OF AND nFON ACCEPFAN2L OF THE CONSTRUCTION BY THE TOWN, THE ROADWAY SHALL BE DEDICATED TO THE TO''W% AND THF ACCESS EASEMENTS SHOWN SHAL BE PEDiCA•.TE.R, TO THE TOWN .AS A RIGHT-OF-'WAv. 01 ,_`:>S . SPIENTS FOR .;OHMS DRIVE SHOWN ON THIS FLAT SHALL NOT BE INCLUDED AS PART OF THE M, % 7! ! NTS ;1`EP. OWNERSHI, OF ELK CREEK LODGE CONDCMiNIUM OWNER 31 USE OF CONDI' 11Ni',!M. UNITS WITHIN ELK ' PEEK LODGE, BUILDING 1 TO BE LIMITED AS FOLLOWS: ,WITS 1- 18 RESIDENTIAL 1 ALL 0%, NON -PAVED :AREAS tEXCLiDING JOHNS DRIVI EASEMENTS) WILL BE LANDSCAPED. FMFL,'YLEl FCR PHASE I ARE EXPECTED TO BE DRAWN Q04 1- AL ,00CES, IF THE NCRMAL HOUSIN, "1 RKIT CqNNOT S0PLY HODS i NG, THERE A I LL BE PROVIDER ,A IDN I T IN THE PHASE I BUILDING FOR IEMPLJIEE HO. S I NS. 111 rnOPOSED UTILITIES WITHER PHASE I WILL BE jNPERCROUND. 7) STREET SIGNS WILL BE INSTALLED BY THE DEVELOPER AS REQUIRED BY TOWN OF FRASER REGULATIONS AT TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY FOR PHASE I BUILDING CURVE DATA NO. DELTA D 8027'34" 0 03 1 00' 071, 0 H 3°37'07'' i 4050'26'' 0° L _6°lb' 33', RADI'_1S AR,: CH72 CHORD BR.NC 208170' 307.64' 307.37' S64038'22"E 37_5' 29.65, P1.00 S675643"E 3 75' 64,21' _? ;7' SE7036'19"E. Q.Do' 7 <c' 0. , W05 -;2 E 2083.70' 13 1 ,60' 13 1 .58' S67003'34"E 2083.70' 176.04' 175.99' S62049'48''E 1j.7 1 , . 4C 16,44 1033 01 W FINAL PLAT PHASE I N33053'42"E E. SKAF 42.96' N 8 9 0 53 42 E 273,00 >s 011 Q 8" DIP JOHNS �,,,,,—FUTURE EXTENSION DRIVE \ 30> Z 8 PVC 36' ACCESS, SEWER 8 \ \ tee•. /y^^ WATER EASEMENT _ 10' UTILITY 8 SNOW 0/p / "1 Y STORAGE EASEMENT \ \\ 40 36ACCESS, SEWER 8 6 pIC\ WATER EASEMENT DIET. POND No. I �\ I O'x 1 2' TRASH AREA SS SS �\ ti Al 29 8 27 26 25 24 23 2 120 1 9 Is Is S Sao v BLOCK 3 AC. = 5.08+/- / �/ 24. LODGE BUILDING I UNITS I - 1 8 SSPHASE c+ y 68.61' SS �i9, 0 25 50 100 ek a� re� SCALE 1 "=50' ' is °0 0 pC, �6q FR Fqs ( 3 I \ \ FMFNT\ 10' MOUNTAIN PARKS ELECTRIC co \ \ EASEMENT- (TO BE DEDICATED) poc 20' « W �- N 3W , \ \ �SS N1 N (W \ \ ' �m SERVICE ENTRANCE NW a > m Q - I I I I 6 5 4 za I SS a N00° I X35-W 2a 20' DRAINAGE 8 82.90' WATER LINE EASEMENT I os ---------- ------ - ---- --- 489.88 — S 8 90 47' 2 5"W 20' WATER EASEMENT _ 10' MOUNTAIN PARKS ELECTRIC --"DRAIN CONSTRUC`ION TO BE PHASED 10' DRAINAGE EASEMENT EASEMENT- BK. 241, PG. 897 WITH DEVELOPMENT OF, 3 z > J - �� W I N /o�/ O v o wm 3 a b c �to �r O /.� , _w co 00 0 / 24'ROADWAY 1 7.40 I I Cij 3 CQs� o � �. N89 47 25 E 1 63.82� A if S 8" PVC — S N S000 1 3' 1 9"E JOHNS — DRIVE - � 44.00' 3 9.86' — SS— = ss DIP — W SS — �II 5 4 SE CORNER NW 1 /4 SW 1 /4 44' EASEMENT I SEC. 20, T IS, R75W, 6TH. P.M. ACCESS, SEWER, WATER UTILITIES, SNOW STORAGE DRAINAGE S i TE DST_, PARKING SPACES STANDARD SPACE- 9'x2O' I Z r N I WB', S I NE C', PARALLEL SPACE- 8'x20' COMPACT -8'x 16' AREA 1,60 �'.:(1 (NOTED BY 'C') DONALD N. DRAKE, CRIB WALL SS 69654SF HISTORIC RUNOFF 0 4 1 CFI (PHASE I ONLY) DEVELOPED RUNOFF K83 CF ; (PHASE I ONLY: ESTI`1ATED WATER USE 7,771 0, EST I MATED SE'KAC,-E FLOW 7. 1 - ,r Q POINT SF' FOR THIS PLAT LS. 1 14 15 DENSITY CONDOMINIUM 1 NIT`-, ',.' �.,.;� > i �i i /"41 2,596 SF ,, 'Y �� E _ L. �AD�% S, T ESP COVERAGE = -�` __ ���. T �... :.AN BUILDINAS AND STAIRS 1 PAPKi%7 AND DRIVES 17,200 SF 24.691, 1�,',:'C; � Sr SIRE-T; 1 1,150 SF 16.010/. OPEN SPACE 30 4 1 �j•'r I.R ►� 1 TOTAL SNOW STORASE EXCL. ROADWA4 ESM'T? E U <,,;D cw, _ PROVIDED r w PAP'r:IN7 REWIRE; ZNDOM I N I UM 18 ''N 1 . ; _ •--- TOTAL REGUIPED _ RC, I F 29.0 uNi 1 T,+.XATIGN : `iR 1 E,". TOTAL I EA C) `• 0('NC L.S 14 S I' EXISTING OVERHEAD POWER LINE S I ESE YAK, 79' E XISTING UNDERGROUND TELEPHONE LINE RE/AR YARD 15, 46 Cni 1 T- .I- i , .i 11SA;~ U. __ b, A �UL'x „( i SVERED i.: NW SUPVEYOk ST CHAT THE SL'W .: N 1)CLnATION " F THIS 1'1-;1l OF i:'..r: U' K:A „V ,ESUBW[V:S:"N &F Tn CCS D _ Nj , , Or A `t=x IRE.SL AZ 0 T i1 , ._ LY AAD CvRNr:CTLY REPPKSEA73 &K skSkLin ;F AD FK . ON , : AT SAID PIA] &OXP. I ES W: _ H 0L WZnK0c , , L STATUTES, _ hL..7L.) i'�i 1. iL S, 1'1, 1 , 3, -:+i) F{.1: THE .li.).�1_!-1t..'..�.� ''V._ ,on .,1 V ,L'SG=V!S;'-)� L;U;_1"C:O..S HAVE 3FEN Pi.;,CKD C' -,ii; w) P, 1 JAMES H. GIBSON OWNERS INCOME PROPERTY TRUST DEVELOPER: INCOME PROPERTY TRUST . ENGINEER ROCKY MOUNTAIN ENGINEERS, INC. SURVEYOR: JIM WARD SURVEYS DRAWING INDEX SHEET I FINAL PLAT SHEET 2 GRADING 8 DRAINAGE PLAN �1.(WADO P. K. 1750 DF?I _ __`T_iON. NW ALL MEN BY THESE PRESENTS: THAT INCOME PROPERTY TRUST AND FOREST MEADOWS DEVELOPMENT CORPORATION AS THEIr INTEREST MAC APPEA', OF RECORD IN GRAND COUNTY, ARE THE OWNERS OF THAT PEAL PR''1"FRTY SITUATED IN THE TOWN OF FRASER, GRAND COUNTY, COLORADO, MORE P R iCJLARIY FE0PIBE5 AS FOLLOWS: BLOCK 3, OF A RESURVIViSIDN ', TRACTS D ;ND E, OF A MINOR RESUBDIVISITN OF PARCEL V, OF FOR.EIT MEADQS IL;AR COMMUNITY, AS RECORDED IN RECEPTION NO. 1`'13781, ALSO LYING W I TH' N THE N OF ; !iE SW', OF SECTION 2j, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE Gth ,m , T?Vk OF FRASER, GRAND COUNTY, COLORADO. T,AT THEY HAVE CAUSED SAID PEA! PROPERTY TO BE LAID OUT AND SURVFYED ASELK 7QFFK L !DIE PHASE 1, A SUBD I V i S l "LOCI. 3, OF A RESUBD IV I S ION 'DF T -;ACTS D ANDE 0 ^ 4 i NOR RE URD I V I S I ON OF POE 1 OF FOREST MEADOWS SOLAR COMMUN 1 TY , AND DO -r! RE BY DEDICATE AND SET APART ALL T'E T EETS, ALLE/S AND OTHEP, PUBLIC WAYS AND PLACES 4OWN ON A ' OMPAN'Y' i NG PLAT. W ", THAT FOREST MEADOWS DEVELOPMENT CUPP OAT I ` n AND THE BANK OP WINTER PARK, r kr, Ar I THE LIEN HOLDERS OF THE PROPS<.TY DO NOT ,I;• 0ANTEE T E AC76RACY OF REP RESENTATI 0' aF EX I S T I N ; FAST SET FORTH HEREON. IN WITNESS 'WHERLDF, INCOME 77140v 'RUST BY WILLIAM T, HOLSMAN AC EXECUTIVE TRUSTEE vCl E IKF T MEAD W S D `1ELD M yT t ORP. RA T I ON BY DONALD N, DRAKE AS PRESIDENT, AND I RI. r . DRAKE AS SEC RETARY, AV C A_'SED THEIR NAMES TO BE HEREUNDER SUBSCRIBE D THIS DI GI 1 ' INCOME PROPERTY T ;` T ,J111 14M T.. HOL MaN EXEC ,F TRI STEE CREST MEADOWS DEVELOPmrNT CORI' 1-;ATION BY BY DCNALD N. DRAKE, PRE.IQENI KIRK B. DRAKE, SECRETARY STATE OF COLORADO ? SS C':'JNTY OF GRAND 1 ` E,, Ic\AIM, T T RE ME THIS DAY OF ,� F_�RE�iOI N � I !., 1 ~',U FN. WAS Al I NOWLEDGED BEFORE INCOME P PROPERTY RUS I 1Y WI LL I HOLSMA^, A`, ITS EXECUTIVE � 'STEE . WITNESS MY HAND AND OFFICIAL ;!AL. M� OMMISSION EXPIRES: M', BUSINESS ADDRESS 1 O: 'JOTP,Y P'�BL I STATE ,F COLORADO ;UN F 7PAND 1 THE FSREGOIN5 INSTRUMENT „A, A, ;NGWLED5E7 'BEFORE Q 7HI, _ DAY OF --- BY FOREST MEADOWS DEX17PWFNT loPPOQATION By DONAL5 N. DRAKE AS "RESIDE'i ;'•�lrj BY T& ? DRSIE AS SEWRF Ar'Y 01 THE CORPORATION. I Q. l i S l MY H�1N1' AND O"' I i �,. � 'y OSMIOSION EXPi MY B&INESS ADDRESS I ------- ---- NO�TAR ✓ PUBl i �C, - - TH7 BANK OF WINTER PAR,. Aq A! IEN HOLDER Or THE ABO?F PPOPFRTY, H[RERY JOIN IN THE ADEDICATION. BO'JL r�R I ZE1 I G^ +TJRE ANI 30 WINTER ARr: STATE OF COLORA15 - O NTV OF ,I:AN., ) THE COREGOINS INSTRUMENT WAS AC' NOWLEDSED BEFORE ME THIS 4AY OF 17—__1 BY AUTHORIZED REPRESF471TIVE uF THE BANK ;DF WINTER PWRK. d l `NESS M HAND AND OFFICIAL Sf AL. Y ') ' 73MMI5lIOPd EXPIRES: my h iS i MESS ADDRESS I . NOTADY COBLIC vRaST MEADOWS DEVELOPMENT CO'I"I2AT IQ w, 1S n LIEN HOLDER 7[Td(- l'O/ EnPOPMY , KE EBY JOINS IN THE ABOVE DEDICATION. =OREST MEauOWS DEGELOPMENT -3RI7IRATI0,' B4 : _ BY _ — -- --- ----_ — --- - - -- - --- Dot'i LO N. DRAKE, °RESIDE"JT STATE OF COLORADO ' SS CCUNTY OF ;RAN[. ) _ ACKNOWLEDGED BEFORE ME THIS PAY OF THE F')REGu I NG INSTRUMENT v�N.:� AC _ 10 _ , BY FOREST MEADOWS DEVELOPMENT CORPORATION BY DONALD N. DRAKE AS ?RES.DENT AND KIRK B. DRAKE AS SECRETARY OF THE CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: MY BUSINESS ADDRESS IS: NOTARY PUBLIC. PLANN I NQ COMMISSION CEPT I r I C \T APPROVED THIS DAY OF 19 BY THE TOWN C'r FRASER r'L ANN I N', COMMISSION, GRAND COUNTr, 577051. CHAIRMAN TRUSTEE'S CERTIFICATE APPROVED AND ALL PUBLIC DEDP i C AT I ONS ACCEPTED TH i BOARDBY THE REES OF THE TOWN Or FRASER, COLOnAD0. ,mI ;01 ;1 ASSjME ANY RESPONSIBILITY FOR THE CORRECTNESS OR ACCURACY OF ANY INFOR:AT k4 Inll ON THIS FLAT NOR AN? PEP ;E ,ENTAT i ON OR INFORMATION E'RE` 0TED TO THE TOWN : H i GH i I ` 170 THE TOWN TO GIVE THIS CEPTIFICATE. MAYOR TOWN OF FRASE- ROCKY MOUNTAIN ENGINEERS, INC. J I M WARD SURVEYS OPITZ ENGINEERS DRAKE ENGINEERING & CONSTRUCTION CO. BOX 445 KREMMLING, CO BOX 2 WINTER PARK, CO ELK CREEK LODGE SCALE: I "=50' A SUBDIVISION OF BLOCK 3, OF DATE 7-25-84 A RESUBDIVISION OF TRACTS D & E, OF A MINOR RESUBDIVISION OF DRAWN BY: LRH PARCEL C FOREST MEADOWS SOLAR COMMUNITY APPROVED BY' EHO FINAL PLAT 5-20- 6-18-85 REVISED 5- 1 3-85 DRWG 7623-002 JOB N0. 7623. I SHEET I OF 2 K&E 19-1153:81576 ELK CREEK LODGE: PHASE I FINAL PLAT SCALE I "=30' 1 0 15 30 60 \ `CONTOUR INTERVAL=2' EXCAVATE SWALE TO DRAIN. REVISE WHEN ADJACENT PHASE 'I� DEVELOPS. 0 \ / \ FUTURE CONSTRUCTION / - - - JOHN S DRIVE s91 INV 88.2\ 3OLF- 1811CMP 1.0% 90.5 , /i 88.5 PHASE ? RETENTION PONYNO. 1 REVISE WEST BERM WN ADJACENT PHASE DEVELOP L - - - / �- -89 90 I O'x 12' \ 2-� \ TRASH STORAGE AREA - ---� 91 \ li INV = 91 051 / I aD Y -2.0% / i f 91.45 11 'I �- - -- 1 1 93.0 \ / 1.0% -0--0 99 1 N I 92.78 8592 93.0 y _ I 92 1=r--BLDG. STORM DRAIN q �SERVICE _ \ 1 - ENTRANCE 1 -�- � r 97.5 0 65LF- 15"CMP la1 I.0% O 2. /r \ < v v a 93 8 INV. 9 1 .170 FUTURE DRIVE'S-� 092tY7 % \ ` \� \�A,� � � I \ AND PARKING 93 LANDSCAPED AREA 1 i fTYP) ' < ^ CRIB WALL---- 0 a 5I' I _FINISH FLOOR �,' \ \ CRIB ELEV.-98.0' % / WALL I f , 0' UTILITY AND SNOW `� � ,� STORAGE EASEMENT. 95. 2 I -- } ` --- - 36' ACCESS, SEWER AND -/ r I \ WATER EASEMENT.97.5 / 975 4) _ i 9 1.50% .20 N 1 0 95.0 96.37 O8 FUTURE DRIVE'S AND PARKING a \� 94.24 O \ 5.260 \ �' 96.00 � -�� -- / � 57.50 96 I.0% o - 1.55% rn -tea - cv 9504 -�-- I \ t} _ - 9 � N - - --- -- - _ _ ..-- o-- - - - - 95 -- - - --t-- - 96 -- --- 94 -- -- S'3 C' BYPASS DITCH �- (I 0' DRAINAGE EASEMENT) I L_ E CORNER NW ' 14 SW 1 / 4 L-- EXCAVATE SWALE TO DRAIN. I ✓ `'EC Gi., ' S, R75W REVISE AS REQ'D. WHEN \ 36' ACCESS EASEMENT ADJACENT PHASE DEVELOPS. \ � 8596 44' SEWER, WATER AND DRAINAGE --� EASEMENT. RUNOFF INFORMATION Q 100 UNDEVELOPED 041 cfs Q 100 DEVELOPED 1.83 cfs DETENTION POND No. I VOL. 2200 cfs. DISCHARGE 3" DIA. ORIFICE 0.49 cfs. SYMBOLS EXISTING CONTOURS PROPOSED CONTOURS - - - - REPLACED CONTOURS RETAINING WALLS - STREET LIGHTS O SPOT ELEVATIONS CURB 8 GUTTER DRAINAGE PATH NOTES 1.) ELEVATIONS AND DRAINAGE ALONG JOHN'S DRIVE ARE AS PER SITE WORK DRWG'S. FOR FOREST MEADOWS SOLAR COMMUNITY, TRACTS D 8 E DRWG 7623 - 101 "JOHNS DRIVE PLAN 8 PROFILE 2.) ELEVATIONS AND DRAINAGE WITHIN BLOCK 2 AS PER JOB 8071, "GRAND NATIONAL BANK, GRADING AND DRAINAGE PLAN". q_ 3 0 ' I , 6' 1 12' 12 PAVEMENT PAVEMENT T O.B ELEV. - 90.5'- I t0 1 c 18" CMP -� - 6' LGRAVEL BASE COUOSE TYPICAL ROADWAY CROS SECTION NO 4 REBAR STEEL PLATE EXP BOLTS i JOHN S DRIVE SCALE 1 "-5' HORIZ. 8 VERT, CD C POND INV ELEV. - 88.5' ' - i 4- 10, 0 cr TYPICAL BYPASS DITCH SECTION SCALE 1 "-5' 6" NOTE: -� STEEL PLATE AND BOLTS TO RECEIVE ONE COAT IRON OXIDE PRIMER, AND ONE COAT ASPHALT SIDE VIEW BASE COATING. -----4 - 3/8" DIA. EXPANSION BOLTS END VIEW OUTLET CONTROL DEVICE N.T S ASPHALT PAVING-7 I ONCRETE CURB -- "' RADIUS TYPICAL CONC. CURB SECTION SCALE: 1 "= 1'-0" I , If VARIES DIA. x 1 /4" THK. STL. PLATE -- B" DIA CMP 3 " DIA OPENING -NO 4 REBAR -- POND INV ELEV - Be 5' REVISIONS _ N0. BY DESCRIPTION DATE ROCKY MOUNTAIN ENGINEERS,INC., 0 T:�S- PRELIMINARY ISSUE 5- 1 3-85 JIM WARD SURVEYS OPITZ ENGINEERS KH MISC. 5-20-85 DRAKE ENGINEERING & CONSTRUCTION CO. BOX 445 KREMMLING, CO BOX 2 WINTER PARK, Co SCALE 1 '=30' ELK CREEK LODGE DATE 6-26-1984 REVISED FINAL PLAT DRAWN BY: PLK APPROVED BY: EHO GRADING -DRAINAGE PLAN REVISED: 5- 1 3-85 DRWG. 7623-002 JOB No, 7623.1 SHEET 2 OF 2 e