A resolution of the Board of Trustees of the Town of Deer Trail consenting to the dissolution of the Bijou Creek Homeowners Association Inc.
Whereas, the Bijou Creek Homeowners Association, Inc. (the "Association") is the community association named and referred to in the Amended and Restated Declaration of Protective Covenants of Bijou Creek Subdivision, recorded in the real property records of the Clerk and Recorder of Arapahoe County, Colorado on June 12, 2019, at Reception No. D9055805, as supplemented by that certain Annexation of Additional Property and Supplemental Declaration to the Amended and Restated Protective Covenants of Bijou Creek Subdivision, recorded in the real property records of the Clerk and Recorder of Arapahoe County, Colorado on November 25, 2020, at Reception No. E0164729 (collectively, the "Declaration")
Whereas, the Association has advised the Town of its desire to seek a vote of the owners within the Association to dissolve the Association.
Whereas, Section 13.4 of the Declaration provides that Town approval is required for any amendment that modifies or deletes any provision of the Declaration related to the Town's subdivision approval., and further provides that no amendment to the Declaration may impair the right and authority of the Town to require compliance with the subdivision and site approval conditions applicable to the Property without the prior written approval of the Town.
Whereas, Section 14.1 of the Declaration also provides that the Declaration may not be terminated without the prior written approval of the Town.
Whereas, out of an abundance of caution and to provide the Town the opportunity to assure that the dissolution of the Association does not negatively impact the Town, the Association has requested the Town's approval of the dissolution of the Association; and
Whereas, the Town therefore by this Resolution consents to the dissolution of the Association as set forth hereinbelow.
Now therefore be is resolved by the Board of Trustees of the Town of Deer Trail Colorado:
Section 1.
The Board of Trustees hereby consents to the dissolution of the Bijou Creek Homeowners Association, Inc., and makes the following findings:
- The dissolution of the Association and the associated amendments to the Declaration will not result in any obligations to the Town associated with such dissolution.
- The Town does not and shall not have any enforcement authority related to any covenants remaining in the Declaration.
- The property subject to the Declaration within the Association shall be subject to the ordinances of the Town in the same manner as other properties within the Town; and
- The Town states affirmatively that it is not assuming responsibility for the ownership and/or maintenance of any property as a result of the proposed dissolution of the Association.
Introduced, read, and adopted this 10th day of October 2023.
Judd Behrens, Mayor
Attest: Ali Eldringhoff, Town Clerk