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RECITALS:
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a.
Association is a nonprofit corporation organized under the laws
of the
State of Colorado as evidenced by Certificate of Incorporation filed
in the
office of the Secretary of State on October 11, 1963, and as subsequently
amended, whose Members are comprised of the 45 Owners of the Lots contained
within the community known as the Blue River Valley Ranch Lake Association
in
Summit County, Colorado.
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b.
Association governs and operates the community, as guided by
the Bylaws
and the Articles of Incorporation filed with the Secretary of
State, created by
that certain document recorded at Reception Number
96185 on October 9, 1962, in
the real property records of the Clerk &
Recorder, Summit County, CO, which
is more particularly described as set
forth in Exhibit A
attached hereto and by reference made a part hereof
(the “Declaration”).
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c.
Association has elected to accept the provisions of the Colorado Common
Interest Ownership Act, C.R.S. §§38-33.3-101 et seq, (the “Act”) as
evidenced by
Statement of Election recorded in the real property records of the
Clerk & Recorder,
Summit County, Colorado at Reception Number 511307, on
March 20, 1996.
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d.
Association desires to exercise its rights under §38-33.3-217 of the Act
to
amend and to supplement the Declaration.
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e.
By their signatures below, the undersigned officers of the Association
certify
that pursuant to §38-33.3-217 of the Act, at least 67% of the Owners
have approved
this Supplemental and Amended Declaration of BRVRLA.
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f.
All of the Real Estate described in Exhibit A attached
hereto shall be held
or
sold, and conveyed subject to the following easements,
restrictions, covenants,
and conditions. This Supplemental and Amended
Declaration is made for the purpose
of
protecting the value and desirability of
the Real Estate and this Supplemental and
Amended Declaration shall run with the
Real Estate and shall be binding on all parties
having any right, title or
interest in the Real Estate or any part thereof, their heirs,
legal
representatives, successors, and assigns and shall inure to the benefit of each
Owner.
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ARTICLE
1 – DEFINED TERMS
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Section
1.1 Defined Terms
Each capitalized term in this Supplemental &
Amended Declaration
shall have the meaning specified or used in the Act,
unless
otherwise defined in
this Declaration, as set forth below:
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a. Act means the Colorado Common
Interest Ownership Act, C.R.S.,
§38-33.3-101, et seq., as it may be
amended from time to time.
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b. Allocated Interests means the
undivided interest in the Common
Expense liability and votes in the Association
allocated to each Lot.
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c. Association means Blue River
Valley Ranch Lakes Association, a
Colorado nonprofit corporation, which
Association is an “owners’ association”
as defined in the Act at §38-33.3-301.
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d. Common Areas
means the real property within this Common Interest
Community owned by the
Association, other than a Lot of an Owner, and
which real property is conveyed
to the Association.
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e. Common Expense
Assessment(s) means expenditures made or
liabilities incurred by or
on behalf of the Association.
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f. Covenants mean all promises,
restrictions, reservations, conditions,
terms, easements, and rights-of-way
specifically set forth in this Declaration
or referenced in this Declaration,
and set forth in the Governing Documents,
as the same may be adopted and amended
from time to time.
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g. Executive Board, Board or Board of Trustees
means the body,
regardless of name, designated in this Declaration to act on
behalf of
the Association.
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h.
Family means one or more persons related by
blood, marriage, or
adoption, living and cooking together as a single
housekeeping unit, exclusive
of household servants, and persons not related by
blood, marriage, or adoption
shall be deemed to constitute a family
where they are living & cooking together
as a single housekeeping
unit, and the number of people does not exceed
one person for each 300 square
feet contained in the living quarters of a
dwelling
unit.
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i.
Governing Documents means collective reference to
those documents
which govern the operation of the Association and the Community,
including:
(a) its Amended and Restated Articles of Incorporation, (b) its
Amended
and Restated Bylaws, (c) its rules & Regulations, (d) all recorded
plats
affecting
the Community, & (e) this Supplemental and
Amended
Declaration, as one or more of the same may be amended from
time to
time. Each & every provision of the Governing Documents shall be
given
the force & affect as if
set forth in this Declaration.
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j.
Lot means a physical portion of the Common
Interest Community,
designated for separate ownership, shown as a Lot on
the recorded plat for
the Common Interest Community, the boundaries of which are
defined in the
plat.
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k. Owner means
any person or entity that owns a Lot
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l. Real Estate
means the property described in Exhibit A, together
with all easements, rights,
and appurtenances thereto.
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m. Residence
means & refers to any building or portion of a building
constructed upon
any Lot that contains living facilities, including provisions
for sleeping,
eating, cooking, & sanitation intended for occupancy by not more
than one
family and which has no more than one kitchen.
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n.
Rules and Regulations means
all rules, regulations, procedures &
guidelines of
the Association as the same may be adopted & amended from
time to
time by the Board of Trustees pursuant to this Supplemental &
Amended
Declaration. top of page
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ARTICLE
2 - DESCRIPTION OF REAL ESTATE
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Section
2.1 Emergency
Easements. A
nonexclusive easement for ingress and egress
is hereby granted to all police,
sheriff, fire protection, ambulance, and other
similar emergency agencies
or persons, now or hereafter servicing the
Community, to enter upon any part of
the Community in the performance of
their duties.
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2.2
Owner’s Easements of Enjoyment.
Every Owner shall have a right and
easement access to their Lot and of
enjoyment in and to the Common Areas
and such easement shall be appurtenant to
and shall pass with the title to
every Lot, subject to the following provisions:
(a) the right of the Association
to adopt and amend bylaws and rules and
regulations which each Owner and
their guests shall strictly comply with; (b)
the right of the Association to
suspend the voting rights of an Owner for any
period during which any
assessment against their Lot remains unpaid; & for
any period during infraction
of published rules and regulations; (c) the right,
power and authority of
the Association to grant any easement, right-of-way,
license, lease,
dedication, transfer or conveyance or grant of any similar
interest affecting
the Common
Areas to the extent determined by the Board of
Trustees to
be in the best
interests of the Community; and (d) the right of
Association
to close or limit
the use of the Common Areas while maintaining,
repairing
and making
replacements to the Common Areas.
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2.3
Delegation of Use. Any Owner may delegate their right of
enjoyment of
the Common Areas to the members of their family, their tenants,
guests, or
contract purchasers who reside at their Lot.
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ARTICLE
3 – THE ASSOCIATION
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Section
3.1 Membership. Every
person who is a record Owner of a fee interest in any
Lot that is subject to
this Supplemental & Amended Declaration shall be a
member of the
Association, including contract sellers. Membership
shall
be appurtenant to and may not be separated from ownership of a Lot.
Ownership
of a Lot shall be the sole qualification for such membership.
Where more than
one person holds interest in any Lot, all such persons
shall be members,
however, there shall be only one (1) vote per Lot.
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3.2
General Purposes and Powers of the Association.
The Association
through its Board of Trustees, and in
accordance with the Bylaws, shall
perform functions and manage the Community as
provided in this Supplemental
& Amended Declaration so as
to further the interests of the residents,
occupants, tenants, and guests of the
Community and members of the
Association. All
Owners shall be deemed to have assented to, ratified and
approved such
designation and management. The
Association shall have all
power necessary or desirable to effectuate such
purposes.
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3.3 Authority of the Association. The business affairs of the Community shall
be managed by the
Association. The Association shall
be governed by
this Supplemental & Amended Declaration, the plat, its
Articles of
Incorporation & Bylaws, as amended from time to time, by any
rules and
regulations adopted
by the Board of Trustees, and by applicable
portions
of the Colorado Common Interest Ownership Act.
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3.4
Specific Powers. The
Association shall have the powers, authority and duties
as
follows and as necessary and proper to manage the business and affairs of
the Community.
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3.5
Allocated Interests.
The Common Expense liability and votes in the
Association shall be
equally allocated to each Lot.
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3.6
Indemnification. To
the full extent permitted by law, each officer, trustee
and director of the
Association shall be and are hereby indemnified by the
Owners and the
Association against all expenses and liabilities including
attorney’s fees,
reasonably
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incurred
by or imposed upon them in any proceeding to which they may be a
party, or in
which they may become involved, by reason of being or having
been an officer,
trustee or director of the Association, or any settlements
thereof, whether or
not they are an officer, trustee or director of the
Association at the time such
expenses are incurred; except in such cases
wherein such officer, trustee or
director is adjudged guilty by a court of law
of willful misfeasance or
malfeasance in the performance of his duties
provided that in the event of a
settlement the indemnification shall apply only
when the Board of Trustees
approves such settlement and reimbursement as
being in the best interests of the
Association. top of page
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ARTICLE
4
– LOTS, LOT BOUNDARIES & ASSOCIATION MAINTENANCE
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Section
4.1 Identification of Lots/Lot Descriptions.
The identification number of
each Lot is shown on the plat.
Every contract for sale, deed, lease, Security
Interest, will or other
legal instrument shall legally describe a Lot by its
identifying number and
legal description followed
by the name of the
Community with reference to the plat and the Declaration as
amended.
Reference to the
Declaration and plat, if any, in any instrument shall be
deemed to include any
supplement(s) or amendment(s) to the Declaration
and plat, without specific
references thereto.
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4.2
Lot
Maintenance/Boundaries. Owners
are responsible for the
maintenance, repair and replacement of the improvements,
landscaping
and properties located within their Lot boundaries.
As provided in the
Bylaws,
Owners shall provide for all interior and
exterior maintenance
of all
improvements constructed on or as a part of a Lot
and their
individual water tap and water line to the main
water line.
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4.3
Association Maintenance.
The Board of Trustees of the Association
shall determine the
specifications, scope, extent, nature and parameters
of the Association’s
maintenance responsibilities.The
Association shall
be responsible for the improvement, maintenance, repair and replacement
of the Common
Areas, including snow removal from the streets within
the community, to the
extent maintenance is not provided by the County.
Additionally, the
Association shall be responsible for: the improvement,
upkeep and
maintenance, repair and reconstruction of the community
water source
and delivery of water through the main line running down
Brook Avenue
and
Rainbow Drive, as provided in the Bylaws.
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ARTICLE
5
– COVENANT FOR COMMON EXPENSE ASSESSMENTS
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Section
5.1 Apportionment of Common Expenses.
Except as provided in this
Supplemental & Amended Declaration, all
Common Expense Assessments shall
be assessed against all Lots in accordance with
the formula for liability for
the Common Expenses as set forth in the Bylaws.
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5.2
Purpose of Assessments.
The assessments levied by the Association
through its Board of Trustees
shall be used for the general and specific
purposes set forth in this
Supplemental & Amended Declaration, all to the
health, safety, and welfare
of the residents and guests of the Community
and the members of the Association.
Also, a portion of the assessments
may be used to provide a reserve fund
for the replacement, repair, and
maintenance of the Common Areas which must be
replaced or repaired on
a periodic basis. top
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ARTICLE
6–COVENANTS
& RESTRICTION ON USE, ALIENATION & OCCUPANCY
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All
Real Estate within the Community shall be held, used & enjoyed subject to
the
following limitations & restrictions:
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Section
6.1 Use/Occupancy.
All Real Estate within the community shall be used only
for
residential and recreational use. The
use of each Lot is restricted to
that of a single family Residence as set forth
in the BRVRLA RP Plan, Exhibit C,
Board of County Commissioners of Summit County
Resolution No. 89-27
adopted April 24, 1989.
The term “single family Residence” means a single
housekeeping unit. No buildings or
structures shall be moved from other
locations onto a Lot without approval of
the Architectural Control Committee.
No
industry, business, trade or commercial activities, shall be conducted,
maintained or permitted in any part of a Lot, nor shall any Lot be used or
rented for transient, hotel or motel purposes.
Home professional pursuits
are permitted, provided however, such
activity must be conducted
without regular full-time employees on the
premises, daily public visits
or
nonresidential storage or other similar uses.
No improvements located
upon
a Lot shall be occupied in any manner at any
time prior to being fully
completed in accordance with approved plans.
The number of Lots and
appurtenant water taps in Block (1) is restricted
to 45 Lots with 45
appurtenant water taps and in Block 2, one (1) single family
residence with
one (1) appurtenant water tap and Recreational Area.
Fees for water usage
are as set forth in the Bylaws.
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6.2 Approval Required.
Exterior improvements to the Lot must first be
approved by a majority of
the Board of Trustees as set forth in this
Supplemental & Amended
Declaration. Specifically, no
structure, temporary
building, trailer attachment, improvements shall be
commenced, constructed,
erected, placed or installed unless first submitted
to and approved in writing
by the Board of Trustees.
No barn or other out-building shall be used or
permitted to be kept or
stored on any portion of a Lot, either temporarily
or permanently, unless
approved by the Board of Trustees or Architectural
Control Committee in writing.
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6.3 Restrictions on Vehicles, Vehicular Parking,
Storage & Repairs.
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a.
No vehicles, trailers or accessories thereto or equipment may be parked
or stored on the streets within the Community.
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b.
No abandoned vehicles of any kind shall be permitted
on any Lot.
A vehicle shall be considered “abandoned” if it
remains non-operative for a
period of one month or fails to have current
registration and license plates.
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6.4
No Temporary Structures.
No trailer, mobile home, tent or other
temporary building or similar
structure shall be placed upon any Lot for more
than 30 days without approval of
the Board of Trustees.
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6.5 Compliance with Laws.
Nothing shall be done or kept on any Lot within
the Real Estate in
violation of any law, ordinance, rule, or regulation of
any governmental
authority having jurisdiction.
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6.6
Rules and Regulations. In furtherance of the
provisions of this Declaration,
and the general plan, rules and regulations
concerning and governing the
Community or any portion thereof may be adopted,
amended, or repealed,
from time to time, by the Board
of Trustees, or its successors and assigns.
The Board of Trustees may establish and enforce penalties for the infraction thereof.
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6.6.1
Equal Treatment. Rules
and Regulations shall be reasonable and
uniformly applied.
Rules and Regulations shall be effective 15 days after
delivery
of
written notice
of adoption, amendment or repeal, together with
a copy
of the currently
effective Rules and Regulations.
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6.7 Scope of Judicial Review.
The scope of judicial review of any action
taken by the Association
pursuant to this Article 6, including but not limited
to the promulgation and
enforcement of rules and regulations shall be limited
to cases of fraud, bad
faith, or lack of due process. top
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ARTICLE
7-INSURANCE
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Section
7.1 Insurance Carried.
The Association shall obtain and maintain, in full force
and effect, to
the extent reasonably available, and at all times, with terms
and provisions set
forth below, the insurance coverage set forth herein,
which insurance coverage
shall be provided by financially responsible and
able companies duly authorized
to do business in the State of Colorado.
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7.2
Liability Insurance.
The Association shall obtain adequate comprehensive
policy of public
liability and property damage liability insurance covering the
Common Areas in
such limits as the Board may from time to time determine,
and in all cases
covering all claims for bodily injury or property damage.
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7.3
Fidelity Insurance.
The Association shall obtain adequate fidelity coverage
or fidelity bonds
to protect against dishonest acts on the parts of its
officers, directors, trustees and employees and on the part of all others
who handle or
are responsible for handling the funds of the Association,
including persons
who
serve the Association with or without compensation.
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7.4
Worker’s Compensation & Employer’s Liability Insurance.
The
Association should obtain worker’s compensation & employer’s
liability insurance
and all other similar insurance with respect to its
employees in the amounts
& forms as may now or hereafter be required by law
at any time the
Association retains employees.
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7.5 Officers’ & Directors’ Personal Liability
Insurance. The
Association shall
obtain officers’ & directors’ personal liability
insurance to protect the officers
& directors from personal liability in
relation to their duties and responsibilities
in acting as officers and
directors on behalf of the Association.
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7.6
Other Insurance.
The Association may obtain insurance against such other
risks, of similar
or dissimilar nature, including flood insurance, as it shall deem
appropriate
with respect to the Association responsibilities and duties.
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ARTICLE
8-
GENERAL PROVISIONS
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Section
8.1 Enforcement.
The Association or an Owner or Owners of any of the
Properties may
enforce the restrictions, conditions, covenants and
reservations imposed by
the provisions of this Declaration by proceedings
at law or in equity against
any person or persons, either to recover damages
for such violation, including
reasonable attorney’s fees incurred in enforcing
these covenants, or to
restrain such violation or attempted violation.
Failure of the Association or of any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
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8.2 Severability. Each of the provisions of this Declaration shall be deemed
independent and severable. If any
provision of this Declaration or the
application thereof to any person or
circumstances is held invalid, the
invalidity shall not affect other provisions
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or
applications of this Declaration which can be given effect without the
invalid
provisions or applications.
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8.3 Term of Declaration.
The covenants and restrictions of this Declaration
shall run with and
bind the land in perpetuity.
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8.4 Amendment of Declaration by Owners.
Except as other wise provided
in this Declaration, any provision,
covenant, condition, restriction or
equitable servitude contained in this
Declaration may be amended at any
time & from
time to time upon approval
of a least 67% of the votes in
the Association & with the written
consent of the Association.
The
amendment or repeal shall
be effective upon the recordation in the
office of the
Clerk & Recorder of the County, of a certificate, setting forth
the
amendment in full, and certifying
that the amendment has been
approved as set
forth above, & containing written consent & approval
of the Association.
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8.5
Interpretation. The
provisions of this Declaration shall be liberally
construed to effectuate their
purposes of creating a uniform plan for
the development of the Real Estate and
of promoting and effectuating
the
fundamental concepts as set forth in the
recitals of this Declaration.
This
Declaration shall be construed and governed under the laws of the
State of
Colorado.
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8.6 Singular Includes the Plural.
Unless the context otherwise requires,
the singular shall include the
plural, and the plural shall include the singular,
and each gender referral
shall be deemed to include the masculine, feminine
and neuter.
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8.7. Captions. All captions and titles used in this Declaration are intended
solely for convenience of reference and shall not enlarge, limit or otherwise
affect that which is set forth in any paragraph, section or article hereof.
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IN
WITNESS WHEREOF, the Association has caused this Declaration to be
executed by
its duly authorized agents this 12th day of June, 1996.
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BLUE RIVER VALLEY RANCH LAKES
ASSOCIATION,
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a Colorado nonprofit corporation
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By: Geraldine Boller,
President
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By: Carolyn Fylling, Acting
Secretary
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EXHIBIT A
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All
the Block #1, known as Blue River Valley Ranch Lakes Association and all
of
Block #2, known as recreational ground, Blue River Valley Ranch Lakes
Association, County of Summit, State of Colorado, and as shown by document
recorded at Reception Number 96185 on Oct. 9, 1962 in the real property records
of the Clerk & Recorder, Summit County of Colorado.
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Subject to the term, conditions, obligations & provisions of the
interest
and documents of record.
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