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June 2, 2008: End of the Declarant Control Period

The end of the Declarant Control Period is determined by one of three dates:

  1. The sale of 75% of the units that may be created to owners other than the Declarant;
  2. Two years after the last time the Declarant added property to the community; or
  3. Two years from the date the Declarant last sold a unit.

The end of the Declarant Control Period for Roosevelt Ridge HOA terminated on June 2, 2008, which was two years after Lone Pine had sold the last annexed Lot. He added lots to the subdivision before this date and he sold unannexed lots before this date; but these Lots do not count. This is the result of Lone Pine’s failure to annex the Phase II lots.

The following graphic is taken from this link on the Gilpin County website. Lone Pine sold Lot 17 — a Phase I lot — on June 6, 2006, which marked the beginning of the end:

Friday, June 6, 2008
Categorized: Lone Pine Real Estate LLC
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Colorado Sierra Fire Protection District: Order for Inclusion

These docs have the same county recording number and the same date, but they are not identical:

Wednesday, February 8, 2006
Categorized: Cistern, Fire District, Lone Pine Real Estate LLC
Tagged:
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Gilpin County Resolution No SBE 01A

Gilpin County Resolution No SBE 01A

NOW THEREFORE, be it resolved by the Board of County Commissioners of the County of Gilpin that Roosevelt Ridge Exemption Plat Final Plat, (a.k.a. Roosevelt Ridge Phase 1 Final Plat) is hereby approved subject to the following conditions:

  1. No building permits shall be issued until required conservation easement is fully executed.
  2. No building permits shall be issued until fire district annexation and/or a temporary service agreement is fully executed.
  3. No building permits shall be issued until a development agreement and sufficient bonding guaranteeing specified road improvement completion is fully executed.
  4. Any prospective Phase 1 lot purchaser must sign a statement acknowledging notice of Conditions 1–3 above.
Tuesday, August 30, 2005
Categorized: Cistern, Lone Pine Real Estate LLC
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Gilpin County Resolution Number SBE 05-01

Lone Pine executed every requirement on this list except the last clause of the last requirement, which essentially said, “No cistern, no plat”:

Gilpin County Resolution Number SBE 05-01

“Applicant shall be required to petition for annexation into a fire district and the applicant must complete any code improvements required by the district”

Tuesday, August 23, 2005
Categorized: Cistern, Lone Pine Real Estate LLC
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