HomeMy WebLinkAbout20110452.tiff Aktr Inter Office Transmission
WUDc.
COLORADO
TO: Esther Gesick
DATE: February 8, 2011
FROM: Michelle Martin
SUBJECT: Please include the attached documents in the case file for AMPF-1045. This
case has already been to the BOCC. Thanks.
2011-0452
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1�
QUIT CLAIM DEED
THIS DEED,Made this 20th day of October 2010,between
Balmes Homes LLC DEFINED BENEFIT PROGRAM
Grantor for the consideration of ***GOODWILL AND OTHER VALUABLE CONSIDERATION*** in
hand paid,hereby sells and quitclaims to
Highland Farms Homeowners Association
Grantee,whose street address is 6297 South Potomac Wav,Town of Centennial,County of Arapahoe,
State of Colorado,the following real property in the County of Weld,and State of Colorado,to wit:
TRACT E OPEN SPACE,HIGHLAND FARMS SUBDIVISION,COUNTY OF WELD,STATE OF
COLORADO.
also known as street and number VACANT LAND
Together with all its appurtenances.
The singular number shall include the plural,the plural the singular and the use of any gender shall be
applicable to all genders. Signed as of the day and year first above written.
M � / E BENEFITP
BAL S ESL C DEFINED BENEFIT OGRAM
GRE BAL ES,MANAGER
State of Colorado)
) ss.
County of Weld )
This foregoing instrument was acknowledged before me this day of O C Zil ?a I d
By GREG BALMES
Witness official seal
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' Notary Public,
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n icosajfietagt¢ G BALMES
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1� Highland Farms Subdivision
Declaration of Covenants,Conditions and Restrictions
THIS DECLARATION made and effective this 19th day of October, 2010, by Highland
Acquisition Group, L.L.C. (Declarant) as owner of Lots 1-9 (Lot(s)) of the Highland
Farms Subdivision (see Exhibit A attached), Weld County, Colorado (the "Property),
pursuant to the plat thereof recorded, or to be recorded, in the real estate records of Weld
County, Colorado (the"Final Plat). The Property is the land to be burdened and the land
to be benefited by the Covenants, Conditions, and Restrictions.
WHEREAS, Declarant desires to develop the Property for residential purposes;
WHEREAS, Declarant deems it desirable to subject the Property to the
Covenants, Conditions and Restrictions set forth in this Declaration in order to preserve
the values of the Lots and to enhance the quality of life for all owners of the Lots (the
`Owner(s)).
WHEREAS, Declarant, therefore, declares that all of the Property is and shall be
held, transferred, sold, conveyed and occupied subject to the terms, restrictions,
limitations, conditions, covenants, obligations, liens, right of ways and easements, set
forth in the Declaration, all of which shall run with the Property and inure to the benefit
of, and be binding upon, all parties having any right, title or interest in the Property or
any portion thereof, and such persons heirs, grantees, legal representatives, successors
and assigns.
WHEREAS, Declarant hereby submits the real estate identified above to the
provisions of the Colorado Common Interest Ownership Act, Sections 36-33.3-101
Colorado Revised Statutes (`Act), as it may be amended from time to time. In the event
the Act is repealed, the Act, on the effective date of the Declaration, shall remain
applicable.
NOW, THEREFORE, Declarant does hereby declare that all of the Lots shall be
held, sold and conveyed subject to the following Covenants, Conditions and Restrictions
which are for the purpose of protecting the value and desirability of the Property and
which shall run with the real property and be binding on all parties having any right, title
or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall
inure to the benefit of each Owner. The purpose of these restrictions is to ensure the use
of the Property for attractive country residential purposes, to prevent nuisances, to
prevent the impairment of the attractiveness of the Property and to maintain the desired
tone of the subdivision and intended purposes of the Property and thereby to secure to
each Owner the full benefit and enjoyment of his or her home with no greater restriction
on the free and undisturbed use of each Lot than is necessary to ensure the same
advantages to the other Owners.
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1. DEFINITIONS.
The words and terms defined in the Declaration shall have the meanings herein set forth
unless the context clearly indicates otherwise. Any term not defined shall be construed
pursuant to the Act or, if not defined in the Act, shall be given its common meaning.
1.1 Association. A Colorado Nonprofit Corporation known as The
Highland Farms Homeowners Association, Inc., established pursuant to Article 2 of this
Declaration.
1.2 Architectural Review Committee. A committee created by the
Association pursuant to Section 5 of this Declaration.
1.3 Common Areas. Common Areas are all real and personal property
owned, leased, or otherwise maintained by the Association for the common use and
enjoyment of the Owners, including but not limited to common elements as defined in
Colorado statutes, including designated open space lands, easements and rights of way
for the common use and enjoyment of the Owners and improvements (including but not
limited to open space irrigation system, open space landscaping, mail box structures, and
school bus stops). The roads within the subdivision are dedicated to and maintained by
Weld County. Specifically Highland Way and Highland Place. (See Exhibit A attached)
1.4 Declarant or Developer. The Declarant and/or Developer is
Highland Acquisition Group, L.L.C . ("Declarant"), its successors and assigns.
1.5 Developer Responsibilities. Refers to the construction of roads,
pursuant to specifications required by Weld County, known as Highland Place and
Highland Way, the construction of a mail box receptacle for the subdivision, the
construction of a school bus stop for the subdivision and the creation and landscaping of
open space as depicted on the Final Plat.
1.6 L . A residential lot as platted on the Property.
1.7 Quorum. Except as otherwise provided in this Declaration, the
Owners present in person or by proxy at any meeting of Owners, representing fifty
percent(50%) of the votes in the Association, shall constitute a quorum at that meeting.
1.8 Single Family Dwelling. An independent structure designed and
occupied as a residence for a single family.
1.9 Subdivision. Highland Farms Subdivision.
2. THE ASSOCIATION.
2.1 Authority. The Association, through its Executive Board, shall
manage the business affairs of Highland Farms Subdivision as provided in this Declaration
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so as to further the interests of the residents of the Subdivision and Members of the
Association. The Association shall be governed by its Bylaws, amended from time to time.
2.2 Powers. The Association shall have such powers and authority that
are permitted by the Act and necessary and proper to manage the business and affairs of the
Subdivision.
2.3 Future Income. The Association may assign its future income,
including its right to receive Common Expense assessments,only by the affirmative vote of
the Lot Owners of Lots to which at least 51 percent of the votes in the Association are
allocated, at a meeting called for that purpose.
2.4 Membership and Voting Rights. Every record owner of a Lot
subject to this Declaration shall be a Member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. Where more than one
person holds interest in any Lot, all such persons shall be Members. The Association shall
have one class of voting membership. The Owner or Owners of each Lot shall be entitled
to one vote.
2.5 Developer Control of the Association. Subject to the provision of
Article 4.7 hereof, there is a "Period of Declarant Control" during which Period the
Declarant may appoint and remove any officer of the Association or any member of the
Executive Board. The Period of Declarant Control shall terminate no later than (a) two
years after the last conveyance of a Lot by the Declarant in the ordinary course of business
to Owners other than the Declarant or (b) upon Declarant executing and recording a
Relinquishment of Declarant Rights indicating an earlier date of termination of the Period
of Declarant Control.
2.6 Right to Appoint and Remove. A Declarant may voluntarily
surrender the right to appoint and remove officers and members of the Executive Board
before termination of the Period of Declarant Control. In that event, the Declarant may
require, for the duration of the Period of Declarant Control, that specified actions of the
Association or Executive Board, as described in a recorded instrument executed by the
Declarant,be approved by the Declarant before they become effective.
2.7 Election by Owners. At a meeting called for this purpose which
shall be held no later than the expiration of the Period of Declarant Control, the Owners
shall elect the Executive Board of the Association, which shall be comprised of at least
three (3) members, at least a majority of whom shall be Owners other than Declarant or
designated representatives of Owners other than Declarant.
2.8 Executive Board. The Association shall be managed by its
Executive Board (the `Board"). The Board shall be elected by a vote of the Owners in
annual meetings or special meetings of the Association, at which a quorum is present,
called for that purpose according to the Articles of Incorporation and By-Laws of the
Association. The Board of shall have such powers and duties and shall serve for such terms
of office as are set forth in the Articles of Incorporation and By-Laws of the Association.
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4.1.1 Notwithstanding any provision to the contrary in this Declaration,
the Owners other than Declarant shall be entitled to remove any member of the Board,
other than any Director appointed by Declarant, by the affirmative vote of sixty-seven
percent(67%) of the Owners other than Declarant.
3. ASSESSMENTS
3.1 Assessments. The Declarant and each Owner covenant and agree,
or are deemed to covenant and agree by acceptance of a Deed to a Lot, to pay to the
Association such Owner's allocated share of the Common Expenses. The term "Common
Expenses"shall include the following items levied against a particular Owner or Lot: (i)the
Owner's allocated interest in the Common Expenses; (ii) late charges, attorneys' fees,
fines, and interest charged by the Association at the rate as determined by the Executive
Board; (iii) charges against a particular Owner and the Lot for the purpose of reimbursing
the Association for expenditures and other costs of the Association in curing any violation
of these Covenants or other governing documents of the Association or Highland Farms
Subdivision; and (iv) any sums permitted by these Covenants, other governing documents
of the Association or Highland Farms Subdivision and the Act to be assessed against a
particular Owner or Lot.
Common Expenses shall be assessed to the Owners in one or more of the following
categories(to be known collectively as"Assessments"):
3.2 General Assessments for expenses included in the budget,
3.3 Special Assessments for the purposes provided in this Declaration,
and
3.4 Individual Lot Assessments for any charges particular to that Lot.
3.5 Upon default in the payment of any one or more
installment payment(s), the Executive Board may accelerate the entire balance of such
Assessment,which shall be declared due and payable in full.
3.6 General Assessments. The Executive Board shall set the date or
dates such assessments become due and may provide for collection of assessments annually
or in monthly, quarterly or semiannual installments. During the initial year of ownership,
each Owner shall be responsible for his or her pro rata share of the annual General or
Special Assessment charged to each Lot,prorated to the month of closing.
3.7 Special Assessment. In addition to the General Assessment, the
Executive Board may levy in any fiscal year a Special Assessment applicable to that year
and not more than the next four succeeding years as follows:
(a) Capital Improvements. Any substantial capital improvement
which has been approved in accordance with this Declaration,
the Bylaw, Rules and Regulations ("Capital Improvements"),
or any capital improvement not required to be approved by the
Members,may be paid by Special Assessment.
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(b) Emergency Assessment. By a two-thirds (2/3) vote, the
Executive Board may impose a Special Assessment for any
unusual or emergency maintenance or repair, or other expense
required by this Declaration or the law (including, after
depletion of reserves, any unexpected expenditures not
provided by the budget or unanticipated increases in the
amounts budgeted).
3.8 Individual Lot Assessment. The Executive Board may levy at any
time an Individual Lot Assessment against a particular Lot for the purpose of defraying, in
whole or in part, the cost of any special services to that Lot, for expenses approved by the
Association, or any other charges designated in this Declaration as an Individual Lot
Assessment.
3.9 Effect of Non-Payment of Assessment; Remedies. All Assessments,
together with any late fee, interest and cost of collection when delinquent, including
reasonable attorneys' fees whether or not suit is brought (collectively the "Assessment
Charge") shall be the personal obligation of the Owner of the Lot at the time when the
assessment was levied as well as the personal obligation of any and all subsequent Owners
of the Lot, if unpaid. No Owner may waive or otherwise escape liability for the
Assessment Charge by transfer, sale, or abandonment of the Lot.
3.10 Creation of Lien. The Assessment Charge shall also be charged on
the land and shall be a continuing lien upon the Lot against which the Assessment Charge
is made, which may be enforced upon recording of a claim of lien, which lien shall be
superior to all other liens excepting any tax lien, any first mortgage (including Deed of
Trust)recorded prior to the recording of the lien provided for herein. This lien, in favor of
the Association, shall secure the Assessment Charge which is then due and which may
accrue subsequent to the recording of the claim of lien and prior to entry of final judgment
of foreclosure. Any subsequent owner of the Lot shall be deemed to have notice of the
Assessment Charge on the land,whether or not a lien has been filed.
3.11 Late Payments. If the Assessment is not paid within thirty (30)days
after the delinquency date,the Assessments shall bear interest from the date of delinquency
at the rate of eighteen percent(18%) per annum, plus a late payment charge of Ten Dollars
($10.00) per month, and the Association may bring an action at law against the Owner
personally obligated to pay the same or to foreclose the lien against the property subject
thereto; and there shall be added to the amount of such Assessment, interest as above
provided, plus all costs of collection, including the Association's reasonable attorney's fees
incurred in connection with the default and collection of amount due.
3.12 Filing of Lien. If the Association elects to file a lien, the
Association may file with the Clerk and Recorder of Weld County, Colorado, a Statement
of Lien with respect to the Lot, setting forth the name of the Owner,the legal description of
the Lot, the name of the Association, and the amount of delinquent Assessments then
owning, which Statement shall be duly signed and acknowledged by the President or Vice
President of the Association, and which shall be served upon the Owner of the property by
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certified mail to the address of the property or at such other address as the Association may
have in its records for the Owner of the property. Thirty (30) days following the mailing of
such notice, the Association may proceed to foreclose the Statement of Lien in the same
manner as provided for the foreclosure of mortgages under the statutes of the State of
Colorado.
3.13 Notice to First Mortgagee. A First Mortgagee is entitled to written
notification of any default by the Owner of a Lot upon which their mortgage exists when
there is a default in the performance of such Owner's obligations and such default has
continued for a period of thirty(30)days.
3.14 Actions at Law. In either a personal or foreclosure action, the
Association shall be entitled to recover as a part of the action the interest, costs and
reasonable attorney's fees with respect to the action. No Owner may waive or otherwise
escape liability for the Assessments provided for herein by non-use of the Common Areas,
Common Facilities or abandonment of his/her Lot.
(a) Perfection and Notice of Lien. Recording of the Declaration
constitutes record notice and perfection of the lien. No further
recordation of any claim of lien for Assessments under this
Article is required. The Executive Board may prepare, and
record in the county in which the Lot is located, a written
notice setting forth the amount of the unpaid indebtedness, the
name of the Owner of the Lot, and a description of the Lot. If
a lien is filed, the cost thereof shall be considered an
Assessment Charge.
(b) Suit for Payment; Foreclosure of Lien. The Association may
bring an action at law against the Owner personally obligated
to pay the Assessment Charge, or may foreclose the lien in a
manner similar to a mortgage lien (as further provided above),
or both. The Association, acting on behalf of the Owners, shall
have the power to bid for an interest in any Lot foreclosed at
such foreclosure sale and to acquire, hold, lease, mortgage and
convey the Lot.
(c) Other Remedies. The Association shall have the right to assess
fines and suspend the voting rights and right to use of the
Common Area by an Owner for any period during which any
Assessment against his/her Lot remains unpaid.
3.15 Certification of Payment. The Treasurer of the Association, upon
request of any Owner, shall furnish a certificate signed by a member of the Executive
Board stating whether any assessments are paid to date by that Owner. Such certificate,
when co-signed by the Secretary of the Association, may be relied upon by a good faith
purchaser or mortgagee as conclusive evidence of payment of any assessment therein stated
to have been paid.
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3.16 Examination of Books and Records. A first mortgagee shall have
the right to examine the books and records of the Association upon reasonable advance
notice.
3.17 Notice to Mortgagee. Upon request of a mortgagee of any Lot, the
Association shall report to such mortgagee any unpaid Assessments or other default under
the terms of this Declaration which are not cured by said mortgagee's mortgagor within
thirty(30) days. A report fee may be charged by the Association to the mortgagee to cover
the cost of these services.
3.18 Notice of Meetings. Any first mortgagee of a Lot, upon written
request, shall be entitled to written notice of all Association meetings and be permitted to
send a representative to such meetings.
3.19 Mortgagee as Proxy. Each Owner shall have the right to irrevocably
constitute and appoint the beneficiary of a trust deed to his/her true and lawful attorney to
cast his/her vote in this Association at any and all meetings of the Association and to vest
in the beneficiary any and all rights, privileges and powers that he has as Owner under the
Articles of Incorporation and Bylaws of the Association or by virtue of the recorded
Declaration of Covenants, Conditions, and Restrictions. Such proxy shall become effective
upon the filing of.notice by the beneficiary with the Secretary of the Association at such
time or times as the beneficiary shall deem its security in jeopardy by reasons of failure,
neglect or refusal of the Association, the managing agent or the Owners to carry out their
duties as set forth in the Declaration of Covenants, Conditions and Restrictions. A release
of the beneficiary's deed of trust shall operate to revoke such proxy. Nothing herein shall
be construed to relieve an Owner as mortgagor of his/her duties and obligations as an
Owner or to impose upon the beneficiary of the deed of trust the duties and obligations of
an Owner.
3.20 Payment of Assessments by Mortgagees. Mortgagees of a Lot may,
jointly or singly, pay taxes, Assessments or other charges which are in default and which
may or have become a charge against any Lot.
4. MAINTENANCE OF COMMON AREAS
4.1 Maintenance Program, Common Areas and Drainage Facilities. The
Association shall establish a reasonable regular maintenance program for the Common
Areas and drainage facilities.
4.2 Routine Safety Inspections: Correction of Unsafe Conditions. The
Association shall cause routine safety inspections to be made of the Common Areas and
promptly make reasonable corrections of unsafe conditions.
4.3 Common Maintenance Costs. Common Maintenance Costs shall be
those costs necessary for the maintenance, repair and/or replacement of Common Areas.
Such Common Areas(see Exhibit A attached) include,but are not limited to the following:
(a) Emergency access roads located in the open space;
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(b) Riparian areas, if any;
(c) Selected easements owned or held by the Association;
(d) Designated open space;
(e) Outlots;
(f) Stormwater retention and/or detention facilities;
(g) Stormwater conveyance facilities including drop structures, if
any, inlet and outlet structures, stormwater conveyance
swales and/or ditches in Common Areas, excluding swales
and structures running through, over, under and/or adjacent to
Lots held in private ownership;
(h) Site identification signs;
(i) Site informational and/or directional signage;
(j) Incidental facility lighting, excluding street area lighting;
(k) Irrigation systems, excluding such systems owned by
individual Lot Owners;
(1) Common gardens and/or entry features;
(m) Security gates, if any;
(n) Perimeter fencing, if any;
(o) Security fencing, if any; and
(p) Any other facilities, area, features, or elements the
maintenance responsibility for which the majority of the
Association may accede.
The cost and expense of all maintenance assumed by the Association shall be paid for
with Association funds collected by Assessments or otherwise as elsewhere provided in
this Declaration.
5. ARCHITECTURAL REVIEW BOARD
5.1 Establishment and Membership of Architectural Review Committee.
An Architectural Review Committee has been established by Declarant. The Architectural
Review Committee shall continue until such time as the Association may be terminated.
The Architectural Review Committee shall initially consist of the Declarant. During the
Period of Declarant Control, the Declarant shall appoint the Architectural Review
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Committee. Thereafter the Architectural Review Committee shall be appointed by the
Executive Board.
5.2 Professional Builder. Each Owner shall retain a qualified contractor
to construct the residence and all significant improvements on such Owner's Lot.
5.3 Address of Architectural Review Committee. The address of the
Architectural Review Committee shall be at the principal office of the Association.
5.4 Submission of Plans. Prior to commencement of work within the
Subdivision to accomplish any proposed improvement to property, the person proposing to
make such improvement to property("Applicant") shall submit to the Architectural Review
Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation
drawings, landscaping plans, construction plans, specifications and samples of materials
and colors as the Architectural Review Committee shall reasonably request showing the
nature, kind, shape, height, width, color, materials, and location of the proposed
improvement to property. The Applicant shall be entitled to receive a receipt for the same
from the Architectural Review Committee or its authorized agent. The Architectural
Review Committee may require submission of additional plans, specifications or other
information prior to approving or disapproving the proposed improvement to property.
Until receipt by the Architectural Review Committee of all required materials in
connection with the proposed improvement to property, the Architectural Review
Committee may postpone review of any materials submitted for approval.
5.5 Criteria for Approval. The Architectural Review Committee shall
approve any proposed improvement to property only if it deems in its reasonable discretion
that the improvement to property in the location indicated will not be detrimental to the
appearance of the surrounding areas of the development as a whole; that the appearance of
the proposed improvement to property will be in harmony with the surrounding areas of the
Subdivision; that the improvement to property will not detract from the beauty,
wholesomeness and attractiveness of the Subdivision or the enjoyment thereof by Owners;
and that the upkeep and maintenance of the proposed improvement to property will not
become a burden on the Association. The Architectural Review Committee may condition
its approval of any proposed improvement to property upon the making of such changes
therein as the Architectural Review Committee may deem appropriate.
5.6 Architectural Review Committee Guidelines or Rules. The
Architectural Review Committee shall issue guidelines or rules relating to the procedures,
materials to be submitted and additional factors which will be taken into consideration in
connection with the approval of any proposed improvement to property.
5.7 Architectural Review Fees. The Architectural Review Committee
may, in its guidelines or rules, provide payment of fees to accompany each request for
approval of any proposed improvement to property. The Architectural Review Committee
may provide that the amount of such fees shall be uniform for similar types of any
proposed improvement to property, or the fees may be determined in any other reasonable
manner, such as based upon the reasonable cost of the proposed improvement to property.
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5.8 Decision of Architectural Review Committee. The decision of the
Architectural Review Committee shall be made within thirty (30) days after receipt by the
Architectural Review Committee of all materials required by the Architectural Review
Committee. The decision shall be in writing and, if the decision is not to approve a
proposed improvement to property,the reason therefore shall be stated. The decision of the
Architectural Review Committee shall be promptly transmitted to the Applicant at the
address furnished by the Applicant to the Architectural Review Committee.
5.9 Failure of Architectural Review Committee to Act on Plans. The
Architectural Review Committee shall attempt to review plans submitted to it within thirty
days (30) after receipt of all required materials. However, failure to approve or disapprove
said plans within such time frame shall not affect the right of the Architectural Review to
render a decision on said plans thereafter.
5.10 Notice of Completion. Promptly upon completion of the
improvement to property, the Applicant shall give written notice of completion to the
Architectural Review Committee and, for all purposes hereunder, the date of receipt of
such notice of completion of such improvement to property.
5.11 Inspection of Work. The Architectural Review Committee or its
duly authorized representative shall have the right to inspect any improvement to property
prior to or after completion. The right of inspection shall terminate thirty (30) days after
the Architectural Review Committee shall have received a notice of completion from the
Applicant, provided that the Architectural Review Committee is given full access and
opportunity to undertake such inspection. Failure to allow such inspection shall extend the
time frame to complete the inspection as the Architectural Review Committee may
reasonably require.
5.12 Notice of Noncompliance. If, as a result of inspections or otherwise,
the Architectural Review Committee finds that any improvement to property has been done
without obtaining the approval of the Architectural Review Committee or was not done in
substantial compliance with the description and materials furnished by the Applicant to the
Architectural Review Committee or was not completed within one year after the date of
approval by the Architectural Review Committee, or was not commenced within two years
of the conveyance of the Lot to the Lot owner, the Architectural Review Committee may
notify the Applicant or Lot owner in writing of the noncompliance. The notice shall
specify the particulars of the noncompliance and shall require the Applicant to take such
action as may be necessary to remedy the noncompliance.
5.13 Failure of Architectural Review Committee to Act After
Completion. Upon receipt by the Architectural Review Committee of a written notice of
completion from the Applicant, the Architectural Review Committee shall attempt to
inspect the property and advise the Applicant of any noncompliance within thirty(30) days,
but failure to do shall not affect the Architectural Review Committee's right to thereafter
give a notice of noncompliance.
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5.14 Correction of Noncompliance. If the Architectural Review
Committee determines that a noncompliance exists,the Lot Owner shall remedy or remove
the same within a period of not more than forty-five (45) days from the date of receipt by
the Lot Owner of the ruling of the Architectural Review Committee. If the Lot Owner does
not comply with the Architectural Review Committee's ruling within such period, the
matter may be referred to the Association, and the Association may, in its discretion, record
a notice of noncompliance against the real property on which the noncompliance exists,
may institute judicial proceedings to allow it to remove the non complying improvement,
or may otherwise remedy the noncompliance, and the Lot Owner shall reimburse the
Association, upon demand, for all expenses incurred therewith. If such expenses are not
promptly repaid by the Applicant or Owner to the Association, the Association may levy a
reimbursement assessment against the owner for such costs and expenses. The right of the
Association to remedy or remove any noncompliance shall be in addition to all other rights
and remedies which the Association may have at law,in equity, or under this Declaration.
5.15 No Implied Waiver or Estoppel. No action or failure to act by the
Architectural Review Committee or by the Association shall constitute a waiver or
estoppels with respect to future action by the Architectural Review Committee or the
Association with respect to any improvement to property. Specifically, the approval by the
Architectural Review Committee of any improvement to property shall not constitute
approval of, or obligate the Architectural Review Committee to approve, any similar
proposals, plans, specifications or other materials submitted with respect to any other
proposed improvement.
5.16 Architectural Review Committee Power to Grant Variances. The
Architectural Review Committee may authorize variances from compliance with any of the
provisions of this Declaration or any Supplemental Declaration, including restrictions upon
height, size, floor area or placement of structures or similar restrictions, when
circumstances such as topography, natural obstructions, undue hardship, aesthetic or
environmental considerations may require. Such variances must be evidenced in writing
and shall become effective when signed by at least a majority of the members of the
Architectural Review Committee. If any such variance is granted, no violation of the
provisions of this Declaration or any Supplemental Declaration shall be deemed to have
occurred with respect to the matter for which the variance was granted; provided,however,
that the granting of a variance shall not operate to waive any of the provisions of this
Declaration or any Supplemental Declaration for any purpose except as to the particular
property and particular provision hereof covered by the variance, nor shall the granting of a
variance affect in any way the owner's obligation to comply with all governmental laws
and regulations affecting the Property concerned, including, but not limited to, zoning
ordinances and setback lines or requirements imposed by any governmental authority
having jurisdiction.
5.17 Compensation of Members. Members of the Architectural Review
Committee shall receive no compensation for services rendered, except for its professional
members, who shall be reasonably compensated for their services. All members shall
receive reimbursement for out of pocket expenses actually incurred by them in the
performance of their duties hereunder.
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5.18 Meetings of Architectural Review Committee. The Architectural
Review Committee shall meet form time to time as necessary to perform its duties
hereunder. The Architectural Review Committee may, from time to time, by resolution in
writing adopted by a majority of the members, designate an Architectural Review
Committee Representative (who may, but need not, be one of its members) to take any
action or perform any duties for or on behalf of the Architectural Review Committee,
except the granting of approval to any improvement to property and granting of variances.
The action of such Architectural Review Committee Representative within the authority of
such Architectural Review Committee Representative or the written consent or the vote of
a majority of the members of the Architectural Review Committee shall constitute action of
the Architectural Review Committee.
5.19 Records of Actions. The Architectural Review Committee shall
report in writing to the Association's Executive Board all final actions of the Architectural
Review Committee and the Architectural Review Committee shall keep a permanent record
of such reported actions.
5.20 Approval or Disapproval Certificates. The Association shall, upon
the reasonable request of any interested party and after confirming any necessary facts with
the Architectural Review Committee, furnish a certificate with respect to the approval or
disapproval of any improvement to property or with respect to whether any improvement to
property was made in compliance herewith. Any person without actual notice to the
contrary shall be entitled to rely on said certificate with respect to all matters set forth
therein.
5.21 No liability for Architectural Review Committee Action. None of
the Architectural Review Committee, any member of the Architectural Review Committee,
any Architectural Review Committee Representative, the Association, nor any member of
the Association's Executive Board or Developer shall be liable for any loss, damage or
injury arising out of or in any way connected with the performance of the duties of the
Architectural Review Committee, except that individuals may be liable for their own
willful misconduct or bad faith. The Architectural Review Committee does not review
property or improvements for safety or compliance with state and local law, and shall not
be liable for injuries or claims related thereto.
6. ARCHITECTURAL STANDARDS
6.1 Restrictions. No building, barn corral, shed, storage structure,
awning, fence or any other structure shall be erected, placed or altered on any Lot, nor
shall there be any external modifications to any such structure, until the plans and
landscaping specifications showing the nature, kind, shape, height, materials and location
of the same have been submitted to and approved in advance by the Architectural Review
Committee in writing. No material landscaping shall be installed on any Lot, or altered
thereafter, unless a landscaping plan showing the nature, type, height, and location of the
proposed landscaping improvements has been submitted to and approved in advance by
the Architectural Review Committee, in writing. Without limiting the generality of the
foregoing, prior approval of the Architectural Review Committee must be obtained for
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any of the following: (i) attachments to the exterior of a structure, (ii) installation of
greenhouses, (iii) installation of patio covers„ landscaping, screening, trellises and the
like, (iv) change in exterior paint colors (v) installation of any barn, corral, shed, or
storage building (vi) any other exterior change, including cosmetic changes such as
location, garage doors, shutters and the like. The authority of the Architectural Review
Committee shall extend to the quality, workmanship and materials for any structure
proposed; conformity and harmony of exterior design, and finish with existing structures
within the Subdivision; location of all structures with respect to the existing buildings,
topography and finished ground elevation; and all other matters required to assure that
sure structures enhance the quality of the Subdivision and are erected in accordance with
the plan for the Subdivision.
6.2 Guidelines and Rules. The Architectural Review Committee shall
adopt Guidelines and Rules governing the type of structures to be permitted in the
Subdivision, permitted construction materials and the like. These Guidelines and Rules
are made for the purpose of creating and keeping the Subdivision, so far as possible,
desirable, attractive, beneficial, uniform, and suitable in architectural design, materials,
and appearance; limiting the use of lots to single family residential dwellings; guarding
against unnecessary interference with the natural beauty of the Subdivision; locating
structures on lots so as to minimize to the extent reasonably possible, the obstruction of
views of other Lot Owners and prohibiting improper uses of adjoining properties in the
Subdivision, all for the mutual benefits and protection of all Owners.
6.3 Size. The total square footage of the main structure of each private
dwelling, exclusive of garages, carports, porches and patios shall not be less than 2500
square feet for single story dwellings and 3200 square feet for multiple story dwellings.
No building shall exceed forty feet (40') in height as measured from ground level, and no
building shall exceed two (2) stories and a loft as viewed from the street side. All
dwellings must be constructed on site.
6.4 Garages and parking. Each Single Family Dwelling shall have an
attached garage having space for at least two (2) automobiles. An additional garage may
be constructed, if approved by the Architectural Review Committee. Each Lot must have
provision for off street parking for at least two (2) automobiles, exclusive of garage
space. Off street parking shall be provided in such a manner as to not block or impair
garage access to and from the street.
6.5 Uniform Building Code. Any and all structures constructed upon
or placed upon the subdivision, including but not limited to residential dwellings and all
detached outbuildings shall be built to and comply with the Uniform Building Code as
adopted by the Uniform Building Code for the State of Colorado.
6.6 Ground Cover. Each Owner agrees to maintain adequate ground
cover free of noxious weeds on their described property so wind or water erosion does
not occur and cause damage to adjacent property. Any ground cover loss due to
construction shall be replaced within the first growing season.
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6.7 Sales and Construction Facilities of Declarant. Notwithstanding any
provision in this Article 6, Declarant, any participating builders, and their agents,
employees and contractors shall be permitted to maintain during the period of construction
and sale of the homes in the Subdivision upon such portion of the Property as Declarant
may choose, such facilities as in the sole opinion of the Declarant may be reasonably
required, convenient, or incidental to the construction, sale or rental of Lots and residences
including, but not limited to, construction and storage areas, construction trailers, model
homes and business and sales offices located in any Lots in the Subdivision, lighting, and
temporary parking facilities for all employees of Declarant, provided, however, that the
limit on Declarant's right to use the Property for sales purposes shall not limit its right to
use the Properties for construction or development purposes; provided further that these
rights shall terminate no later than ten(10) years after the effective date of this Declaration,
and provided further, that such use shall not unreasonably interfere in any way with the
right of ingress or egress to any privately owned residence and the use and enjoyment
thereof as a private residence, nor the rights of ingress or egress to the Common Area and
any improvements thereon, nor the use thereof for recreation or other proper purposes by
the Owners and the Members, agents and Officers of the Association.
7. LAND USE AND OTHER RESTRICTIONS
7.1 Residential Lots. The land use of the lots shall be residential
Single Family Dwellings. Buildings shall comply with state and local law, the
requirements of the Architectural Review Committee as set forth in Article 8 and the
Architectural Standards as set forth in Article 9.
7.2 Lot Owner to Maintain Entire Lot. Each Owner is responsible for
maintenance and landscaping of his or her entire Lot, including portions subject to any
utility and drainage easements. Easements for the installation and maintenance of utilities,
trails, landscaping, and drainage facilities are reserved as shown on the Final Plat, and
include any recorded at a later date. Within these easements, no structure, planting or other
materials shall be placed or permitted to remain that may (1) damage or interfere with the
installation and maintenance of utilities, (2) change the direction of flow of drainage
channels in the easements which hinders or obstructs the use of the trails system, or (3)
adversely affects landscaping installed by the Developer. If any landscaping or structure is
installed that violates such requirements, the Association may give the property owner
written notice to remove such landscaping or structure within fifteen (15) days. If the
owner fails to move the landscaping or structure within that time,the Association may have
such work done at the expense of the owner of the Lot. The Owner shall pay for such work
within thirty (30) days after written notice to the Owner of the cost of such work. In the
event of failure to pay within that time, the Association may take legal action against the
Lot Owner. The Lot Owner shall be liable for any attorney's fees, expenses, and costs
incurred by the Association in the attempt to collect monies due and owing.
7.3 Limitations of Land Use. No building or other structure shall be
erected upon each Lot except for one private residential dwelling, together with no more
than two detached outbuildings. Each private dwelling may have a garage, patio, porch
or breezeway, which shall not be considered a detached outbuilding, so long as such
structure is attached to the private dwelling.
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7.4 Temporary Structures. No structure of a temporary character, such
as a trailer, basement, tent, storage shed or shelter, garage, barn, or other out building,
shall be permitted on any Lot at any time, except by the Developer during the process of
construction, or as approved by the Architectural Review Committee.
7.5 Nuisance. Nothing shall be done upon any Lot that shall be or may
become an annoyance or nuisance to the adjoining property owners. No noxious, illegal,
dangerous or offensive activity shall be carried on upon any Lot of the subdivision. No
instrumentalities creating loud and obnoxious noises shall be allowed.
7.6 Unsightly Uses. Each Lot shall, at all times, be kept in a clean and
wholesome condition. No trash, litter, junk, boxes, containers, bottles, abandoned,
unlicensed or disabled cars, abandoned or disabled farm implements or machinery, car
parts, car bodies or machinery parts shall be permitted to remain exposed to view upon
any Lot.
7.7 Garbage and Trash Removal. No Lot or part of any Lot of the
subdivision shall be used or maintained as a dumping ground for rubbish. Trash, garbage
or other waste shall not be kept, except in sanitary containers. All containers or other
equipment for storage or disposal of such materials shall be kept in a clean and sanitary
condition. All residents within the Subdivision shall have their trash picked up by the
same trash-hauling company on the same day of the week. Selection of the trash-hauling
company shall be the responsibility of the Association. Each resident within the
Subdivision shall be separately liable for the trash-hauling charges for his/her Lot.
Incinerators and burning of trash are not allowed
7.8 At-Home Professions. Residents may be allowed to work in their
homes only in accordance with Weld County land-use and zoning regulations for the (E)
Estate Residential Zone and subsequent amendments. Any at-home employment shall be
conducted only by a resident of the dwelling. Retail sales shall not be conducted on any
Lot, and no evidence of the at-home profession shall be visible from outside the dwelling
unit.
7.9 Disabled or Junk Vehicles. Disabled or Junk vehicles shall not be
stored on streets, driveways or Lots. No person shall repair or rebuild any vehicle within
the Subdivision,except within a garage or outbuilding.
7.10 Restrictions on Leasing of Residences. A Lot owner may lease
his/her residence, provided the entire residence is leased. Any lease agreement shall
include language that states all provisions of this Declaration will be observed. The Lot
Owner shall include a provision in any lease stating that violations of this Declaration
constitute a default under the lease.
7.11 Solar Energy Devices. The utilization of solar energy devices is
encouraged. All solar energy devices must either be a) architecturally and aesthetically
integrated into the structure they serve, or b) screened from the view of the street and
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adjacent Lots and streets. All solar devices and their placement must be approved by the
Architectural Review Committee.
7.12 Wind Energy Devices. The utilization of wind energy for a single
family dwelling unit is not considered economically viable at this time and is
discouraged. Exceptions may be considered by the Architectural Review Committee.
7.13 Fencing. The Architectural Review Committee shall approve in
advance any fencing within the Subdivision. For perimeter fences, the fence shall be
three (3) rails, four feet(4') in height. No barbed wire shall be allowed on any residential
lot.
7.14 Outside Lighting. No outside lighting shall be installed without
prior written approval by the Architectural Review Committee.
7.15 Antennas. No television antenna, radio antenna or similar
equipment shall be mounted on the exterior of any building or erected on any other
portion of a Lot. Satellite dishes may be installed and maintained if screened from the
view of the other Lots. The location and screening method for each satellite dish must be
approved in advance by the Architectural Review Committee.
7.16 Sanitary Sewer/Septic Systems. Each respective Owner shall
construct and maintain on his or her Lot an individual sanitary sewer system pursuant to
all rules and regulations of local, county and state authorities. Primary and secondary
septic systems on the Lot shall be installed and maintained in accordance with the
requirements delineated on the Final Plat. Activities such as permanent landscaping,
structures, dirt mounds, or other items are expressly prohibited in the absorption field
site.
7.17 Restrictions on Replatting or Subdividing. No replatting or further
subdivisions of the Property shall be allowed unless approved by the Association and in
accordance with applicable Local, County, State and Federal regulations.
8. ANIMAL AND AGRICULTURAL RESTRICTIONS
8.1 Equine Animals. Each Lot is allowed a maximum of two (2)
Equine Animals on the Lot. Such equine animals shall be maintained in proper
enclosures or corrals and may not be allowed to roam or graze at large upon the Common
Areas of the Subdivision.
8.2 Dogs and Cats. Each Lot is allowed a maximum of four dogs and
four cats, not including unweaned litters. Dog(s) and cat(s) are restricted to their
respective Lots and are not allowed to roam at large within the Subdivision. Owners
shall maintain proper animal enclosures and restraints for all pets. Dogs and cats may be
walked on the Common Areas. The Association may require any pet considered a
nuisance to be kept within the enclosed portion of its owner's Lot.
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8.3 Agricultural or Other Animals. Except as provided herein, no
livestock, cattle, birds, llamas, poultry, fowl, or any other animals that would routinely be
expected to reside outside of the primary residence are be allowed within the Subdivision.
The Association may, from time to time, promulgate new rules and regulations
concerning animals, including possible waiver for activities such as 4-Fl projects.
8.4 Agricultural Activities. All agricultural activities and the raising of
any Animal Units or produce of any nature permitted herein must be incidental to the
normal residential land-use of the Lot and not be of a commercial nature. Any animal
pens, stalls, cages and enclosures shall be maintained on a regular basis to assure a neat
and orderly appearance and a clean healthy atmosphere. The Association may require the
removal from a particular Lot of any animal(s) if the keeping or maintenance of such
animal(s) is deemed offensive based upon odors, noise or dust intruding upon other Lots.
8.5 Overgrazing. Owners shall not allow overgrazing of any pasture
area on their Lots. A pasture is considered overgrazed if the average height of the
vegetation is less than two inches (2"). If a pasture is overgrazed, the Association may
require the owner to replant and thereafter control access to prevent future overgrazing. If
an owner fails or neglects to cure an overgrazing problem, the Association shall have the
authority to terminate such owner's right to keep equine Animal Units on the Lot.
9. WELD COUNTY RIGHT-TO-FARM COVENANTS.
9.1 Weld County's Right To Farm. Weld County is one of the most
productive agricultural counties in the United States, ranking fifth in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize
and accept there are drawbacks, including conflicts with longstanding agricultural practices
and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas; open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features, which attract urban dwellers to rural Weld County,
would quickly be gone forever.
9.2 Agricultural users of the land should not be expected to change their
long established agricultural practices to accommodate the intrusions of urban users into a
rural area. Well run agricultural activities will generate off-site impacts, including noise
from tractors and equipment, slow-moving farm vehicles on rural roads; dust from animal
pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot
simply be moved out of the way of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production.
9.3 Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to
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be a nuisance employs methods or practices that are commonly or reasonably associated
with agricultural production.
9.4 Weld County covers a land area of over 4,000 square miles in size
(twice the State of Delaware) with more than 3,700 miles of state and county roads outside
of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of
the county and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads,no matter how often they are bladed,will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from subdivisions to
arterials may not be cleared for several days after a major snowstorm. Snow removal for
roads within subdivisions is of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must,by necessity, be more self-sufficient
than urban dwellers.
9.5 Children are exposed to different hazards in the county than in an
urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation
ditches, electrical power for pumps and center pivot operation, high-speed traffic, sand
burs, puncture vines, territorial farm dogs, and livestock present real threats to children.
Controlling children's activities is important, not only for their safety, but also for the
protection of the fanner's livelihood. Parents are responsible for their children.
10. NOTICE OF OIL AND GAS OPERATIONS
10.1 Potential owners are hereby notified that there are Oil and Gas
Operations on the Property and that the Property is subject to the terms of a Surface Use
Agreement. Such potential owners are hereby notified of the following:
10.2 They are not purchasing and will not own any rights in the oil, gas
and mineral estate in and to the Property;
10.3 There may be ongoing oil and gas operations and production on the
surface of the Property within the Oil and Gas Operations Areas, pipeline easements and
access routes;
10.4 There are likely to be wells drilled and oil and gas production
facilities constructed and installed within the Oil and Gas Operations Areas and flowlines
and pipelines constructed and maintained on the Property;
10.5 Heavy equipment will be used by the Oil Companies from time to
time for oil and gas drilling and production operations and such operations may be
conducted on a 24-hour basis;and
10.6 Homeowner associations and buyers of individual lots or homes will
be subject to and burdened by all of the covenants and waivers made by Surface Owner in
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the Surface Use Agreement, including, but not limited to those covenants and waivers; i)
prohibiting the location of any building, structure, or other improvement within the Oil and
Gas Operations Areas; ii) waiving objections to the drilling of wells, the construction of
facilities, and the conduct of oil and gas operations on the Property consistent with this
Agreement; and iii) waiving objections to the setback requirements under the rules of the
COGCC or any local jurisdiction.
11. GENERAL PROVISIONS.
11.1 Reservation of Easements, Exceptions, and Exclusions. Declarant
reserves the right to establish from time to time, by dedication or otherwise, utility
(including cable television) and other easements, for purposes including but not limited to
streets, paths, walkways, drainable recreation areas, parking areas, ducts, shafts, flues,
conduit installation areas, and to create other reservations, exceptions and exclusions
consistent with the ownership of the Property for the best interest of all Owners and the
Association in order to serve all the Owners within the Subdivision. The rights herein
reserved unto Declarant shall continue until Declarant no longer retains an interest in the
Project,or ten(10)years after the effective date of this Declaration,whichever occurs first.
11.2 Rights of Declarant and Participating Builders Incident to
Construction. Notwithstanding any contrary provision in this Declaration, an easement is
hereby reserved by and granted to Declarant and any Participating Builder for access,
ingress, and egress over, in, upon, under, and across the Project, including but not limited
to the right to store materials thereon and to make such other use thereof as may be
reasonably necessary or incidental to Declarant's or any such Participating Builder's
construction on the Properties;provided, however,that no such rights or easements shall be
exercised by Declarant in such a manner as to unreasonably interfere with the occupancy,
use, enjoyment, or access by any Owner, his family members, guests, or invitees, to or of
that Owner's Lot.
11.3 Duration. The Covenants, Conditions and Restrictions of this
Declaration shall run with the land, and shall inure to the benefit of the Association and the
Owner of any Lot subject to this Declaration, their respective legal representatives, heir,
successors, and assigns, in perpetuity until this Declaration is terminated in accordance
with Section 11.5 below.
11.4 Amendments. These Covenants, Conditions and Restrictions may
be amended by an instrument executed on behalf of the Association by the President and
attested by the Secretary; provided that, any amendment shall have the assent of 6 of the 9
Lot Owners who are voting in person or by proxy, at a meeting duly called for this purpose,
written notice of which shall be sent to all Owners at least thirty (30) days in advance and
shall set forth the purpose of the meeting. Any amendment must be properly recorded.
Farh Lot shall receive one vote for purposes of this paragraph. Article 4 of this
Declaration concerning Maintenance of the Common Area and Article 9 of this Declaration
concerning Weld County Right-to-Farm Covenants may not be amended without prior
notice and consent of Weld County, Colorado. Article 10 of this Declaration concerning
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Notice of Oil and Gas Operations may not be amended without surface use agreements in
place with all Oil and Gas owners obviating the need for such section.
11.5 Termination. Except in the case of a taking of all the Lots by
condemnation, the Declaration may be terminated only by agreement of the Owners to
which at least sixty-seven percent (67%) of the votes in the Association are allocated, as
more fully set forth in §38-33.3-218 of the Act. The proceeds of any sale of the real estate
together with assets of the Association shall be held by the Association as trustee for the
Owners and holders of liens upon the Lots as their interests may appear, as more fully set
forth in §38-33.3-218 of the Act. Notwithstanding such termination or upon the dissolution
of the Association, the Owners shall remain individually and collectively responsible for
maintenance of the common areas as set forth in this Declaration.
11.6 Enforcement. The Association, any Owner, Architectural Review
Committee and/or the Declarant, may enforce by any proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens and charges now or thereafter
imposed by the provisions of the Declaration, either to prevent or restrain any violation of
same,or to recover damages or other dues for such violation, or to obtain such other relief
as may be available. Failure by the Association or by 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.
11.7 Notices. Any notice required to be sent to any Owner under the
provisions of this Declaration shall be deemed to have been properly sent when mailed,
postage paid, to the last known address of the person who appeared as an Owner on the
roster of the Association at the time of such mailing.
11.8 Attorneys' Fees and Costs. If any action is brought in a court of law
or put into arbitration as to the enforcement, interpretation, or construction of any of these
Covenants, Conditions and Restrictions,the prevailing party in such action shall be entitled
to recovery of engineering fees, architectural fees, attorney's fees,or other professional fees
as well as all costs incurred in the prosecution or defense of such action.
11.9 Binding Effect. The benefits and duties herein accrued to or
imposed upon the Declarant shall be binding upon and inure to the benefit of the Declarant
and its successors and assigns.
11.10 Power to Assign and Delegate. Declarant shall have the right and
power to assign and delegate to any person or entity its successors and assigns, at any time
and from time to time, all or part of any of the rights,powers, authorities,title, interest, and
duties contained in this Declaration.
11.11 Mergers. Upon a merger or consolidation of the Association with
another Association as provided in its Articles of Incorporation, its properties, rights and
obligations may, by operation of law, be transferred to another surviving or consolidated
association or, alternatively, the properties, rights and obligations of another association
may by operation of law, be added to the properties, rights and obligations of the
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Association as a surviving corporation pursuant to a merger. The surviving or consolidated
association shall administer the covenants and restrictions established by this Declaration
together with the covenants and restrictions established upon any other properties as one
scheme. No such merger or consolidation, however, shall affect any revocation, change or
addition to the covenants established by this Declaration except as provided herein.
11.12 Zoning and Specific Restrictions. The restrictions contained in this
Declaration shall not be taken as permitting any action prohibited by the applicable zoning
laws, or the laws, rules or regulations of any governmental authority, or by specific
restrictions imposed by any deed or lease. In the event of any conflict between the
provisions of this Declaration and restrictive provisions of such laws, rules, regulations,
deeds,and/or leases,the most restrictive provision or provisions shall apply.
11.13 Severability. If any provision of this Agreement is declared by a
court of competent jurisdiction to be invalid,void or unenforceable, such provision shall be
deemed to be severable, and all other provisions of this Agreement shall remain fully
enforceable, and this Agreement shall be interpreted in all respects as if such provision
were omitted.
11.14 No Waiver. No prevision of this Declaration shall be deemed to
have been abrogated or waived by reason of any failure to enforce the same, irrespective of
the number of violations or breaches which may occur.
11.15 Governing Law. This Declaration shall be construed in accordance
with the laws of the State of Colorado.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
c.+m�wwsenroaw_o« rwwipimaMiaram.Covenants Fula]aoc 21
11111 IDE EMI 11111 III 1111111 III 1111111111111
3728104 10/27/2010 02:38P Weld County, CO
22 of 23 R 121.00 D 0.00 Steve Moreno Clerk & Recorder
IN WITNESS WHEREOF the undersigned,being the owner of Highland Farms
Subdivision, Weld County Colorado has hereunto set his hand and seal the date and year
first written above.
Highland Acquisition Gr up, L.L.C.
By:C' 4e, it
Robert M. Bul aup, M ger
STATE OF COLORADO }
}SS
COUNTY OF PCh[t f , }
tc The foregoing instrument was acknowledged before me, a Notary Public, this t t
clay
of c e-}f rn he , 2010 by Robert M. Bulthaup as Manager of the Highland
Acquisition Group, L.L.C.
WITNESS my hand and official seal.
My Commission Expires 07/11/2011
My commission expires:
1 / art\--
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