The URL can be used to link to this page

Browse Search

Home My WebLink About20101958.tiff PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number - 0 J - 2 - O i --a I ` (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) (Include all lots being included in the application area. If additional space is required,attach an additional sheet.) Legal Description r rq 11 t(t td Rtr rim OAA k+ A , Section 5 , Township( North, Range toS West Property Address(If Applicable) TDS N F 2 Existing Zone District: A3 Proposed Zone District: E. Total Acreage: 2.0 Proposed#/Lots Average Lot Size: `jOctrres Minimum Lot Size:_1 )gexeS Proposed Subdivision Name: 3 IRevs EpI + Proposed Area(Acres)Open Space: --€51— Iint*WWSr#C yv1oSk CC pt-n ear-b-t Lot'K b2 op()Y1 Are you applying for Conceptual or Specific Guide? Conceptual X( Specific FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) 2- Name: & tvne5 �tNGS Lao inE�C( C]¢Y1e; r � Grs% j�JSk `�AII't'4Q3 Work Phone# 3o3 '1 I-Ort3.Home Phone#3Y -% '8-Civet Email ddress lect I MDS('tCit:tec !VS Pt •0c Address: (o'kS0 C 5 City/State/Zip Code Zr i e t Co `p6 St b APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: Cc r cc1 `p 14 So, ( vne S Work Phone#?$o-R-rt'3j-44tl?i Home Phone#&,3--2?%-C7?'y`7'Email Address In ) wt&s W vhkS CO171S('it(61 Address: (.04 BC) CR City/State/Zip Code Er i e tCY i R C 5 I L91 1 UTILITIES: Water: Leff (4o.vu'1 1�Jciker' xc{-Y id- Sewer: kb 7S - W e lC(1 ('otxn hA An SO i1..>e 1^ Gas yrcQ Cias Electric: ) stied 5?0tlS2A^ IEXHIBIT Phone: ( k>,�c, /J� DISTRICTS: School: 5 t Vf r Ot cr-�&Not) ( lO E'S•h I C t �/ ` Post: E-r i P I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(we),the undersigned,hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat IDfor the above described unincorporated area of Weld County, Colorado: ALQAD c' Signat re: O ner or Authorized Agent Date Signature: Owner or Authorized Agent Date 2010-1958 • • Weld County Planning Department April8, 2010 GREELEY OFFICE � n9 ?mn To: Michele Martin RGPEW"'ED Weld County Planning Department G From: Greg Balmes Balmes Homes LLC Defined Benefit Program Re: Control of Land g a td Ltsa almes ate tte sole managers/owners of the Bafines Frolnes LLC Defined Benefit Program and as such, are the only individuals that can encumber or sign for anything that has to do with that program. Respectfully, cvk Greg Balmes Manager/Owner • ,O4eg Balmetys Eric C 805 t-96Road 2 Erie CO 8051b9602 • • January 27,2010 • According to the Covenants,Conditions and Restrictions of the Highland Farms PUD,we the Highland Farms Home Owners Association,have agreed to allow Greg Balmes,of Balmes Homes Defined Benefit Program LLC to amend and vacate the Final Plat of Outlot A.of the Highland Farms PUD. Greg Balmes will be allowed to add 1.53 acres to Tract C open space,vacate the 30' access easement for Outlot A in the Highland Farms PUD,change Outlot A from a non-residential ag lot to an estate lot status,and amend the Final Plat of the Highland Farms PUD. Greg Balmes will retain the right to bring utilities to the newly created lot through the current utility easements in place in the Highland Farms PUD. -3-6 -i c' i ed H President Date q,�,, a YV„/ vi t4...... William Tempero Susie Tempero % 3 177 Richard Kempf M4riel Kempf Rodger Leslie Miller • CraijWhitlock Toni Whitlock / 1 R ert Bult aup C thia Bu thaup • • • *PUD Compliance - The Highland Farms PUD meets the criteria for a PUD without Outlot A. The remaining open space is sufficient with the Weld County Code for open space within a PUD. The proposed change will only affect the Highland Farms PUD with the addition of 1.53 acres of open space deeded to the Highland Farms HOA(Open Space Tract E). The creation of the Balmes Estate Lot is in compliance with Weld County Division 5, E (Estate) Zone District rules and regulations. We are requesting the vacation of the Highland Farms PUD Outlot A and In so doing, create a 20 acre E (Estate) Lot. The remaining open space is consistent with the open space requirements for the creation of a PUD and with the original change of zone. Sec. 23-3-400 Intent This lot will be designed and developed in a manner that is compatible with Chapter 22 of the Weld County Code and the adopted Master Plans of affected municipalities. Sec. 23-3-410 Uses allowed by right • One single-family dwelling. The single-family dwelling will be connected to the Left Hand Water District. The sewage disposal system will be constructed in compliance with the Weld County Department of Health septic system requirements. No building permit will be issued without the proper documentation from the Left Hand Water District and the Weld County Department of Public Health. • 411 • Highland Farms PUD - PF1045 was recorded 8/24/05, reception #3316277. All the procedures and requirements for a PUD were answered at that time as to the Development Guide Requirement. What we are looking to do is remove the AG Outlot from the Highland Farms PUD Subdivision and change the zoning to E (Estate) Zone District with one residential homesite. The Highland Farms PUD has the required open space without this lot. Component One - Envioronmental 1. Noise and vibration - none 2. Smoke, dust and odors - none 3. Heat, light and glare - none 4. Visual/aesthetic impacts - When this lot is turned into an Estate Lot, the owner of the property will more than likely reside on the lot. That will enable the property to be maintained properly, ie. Weeds, mowing, fences, etc. The structures built will be in conformance with the surrounding properties. 5. Electrical interference - none 6. Water pollution - none • 7. Wastewater disposal will be for household waste only and will be accomplished by the installation of an approved ISDS. 8. Wetland removal - not applicable 9. Erosion and sedimention -As this is an agricultural area, the home site will be landscaped. The open pasture/farmland will be seed to per- renial grasses and legumes. 10. Excavating, filling and grading - The only excavation and grading will be for the construction of one residential unit. 11. Drilling, ditching and dredging - not applicable 12. Air pollution - not applicable 13. Solid waste - will be for household waste only and will be accomplished by the installation of an approved ISDS. 14. Wildlife removal- not applicable 15. Natural vegetation removal - The growth of natural vegetation (other than weeds) will be encourage. There is no plans to remove any native grasses. 16. Radiation/radioactive material - not applicable 17. Drinking water source - Property to be served by the Left Hand Water District. • 18. Traffic impacts - CDOT has issued a permit for use of the existing • access off Hwy. 52. The Highland Farms PUD easement for this property is being vacated. Therefore the impact of the Highland farms PUD will be lessened. The impact to Hwy 52 will remain the same as if the lot were still in the Highland Farms PUD. Component Two - service provision impacts 1. Schools -A cash in lieu fee will be paid to the St. Vrain School District upon the approval of said lot. 2. Law enforcement - will be the same as the Highland Farms PUD, Weld County Sheriffs office. 3. Fire protection - will be the same as the Highland Farms PUD, Mountain View Fire Protection District. The only change to the fire protection will be the requirement for fire suppression sprinklers in the residential structure. 4. Ambulance - will be the same as the Highland Farms PUD, Mountain View Fire Protection District. 5. Transportation - Access to the property will be from State Highway 52 onto an all weather access granted by CDOT Permit #410001. The 5 access off Hwy 52 to the residential structure will approximately 30 feet wide and of an all weather construction to accommodate the weight and width of emergency personnel. Weight 60,000 pounds. 6. Done by the Highland Farms PUD. 7. Storm drainage - The drainage will not change from the drainage requirement for the Highland Farms PUD. It is our intention to leave The created lot in substantially the same condition as it presently is, pasture/farmland. 8. Utility provisions - see attached 9. Water provisions - see attached 10. Sewage disposal provisions - Sewage disposal will be accomplished by an ISDS. 11. Structural Road Improvement Plan - This has already been accom- plished by CDOT as the existing access is has been modified by CDOT at the access point. Component Three - landscaping elements 1. The lot created will be an Estate Lot. Therefore a landscape plan is not required. • 2. There will be no buffering between the Highland Farms PUD and the • • • proposed lot. It is the intention leave the lot in as near pasture/farm- land condition as possible. 3. Maintenance will be accomplished as in any normal agricultural operation. 4. The onsite landscaping improvements will consist of the planting and seeding of dryland pasture mixes and the elimination of weeds On the pasture/farmland portion of the proposed lot. The residential landscaping will consist of plants and grasses that are considered to be compatible with the conservation of water resources. 5. See attached Component Four - site design 1. The site consists of 20 acres of pasture/farmland. It is the intention to leave the original topography of the site intact. The current topography is gently rolling, dry farmland There are no irrigation ditches. 2. The change of zoning is compatible with uses of the surrounding properties. The property is located in a heavily agricultural are, with various PUD's and recorded exemptions being done. The creation of • this lot would be consistent with the current uses of the surrounding properties and actually offer some protection from possible annex- ation issues and uses. 3. As this is currently an Ag lot there are a long list of what can and cannot be done with this property, not all of them conducive to the surrounding property owners. With this lot becoming an Estate lot, the uses of the property will be curtailed, especially in the activities, numbers and types of livestock that may be kept on the proposed lot. We believe this to be a good way to protect by property values and promote some agri- cultural living styles. 4. As this is currently an Ag lot and the surrounding properties to east are Recorded Exemptions with Ag related zonign, there should be no conflicts as the Estate Zoning is more restrictive. The land to the west and the south are PUD's, the current lot is an Ag outlot with less res- trictions. We are asking to become an Estate lot that is more in line with PUD type governing. 5. The proposed change is not located in any of these areas. Component Five - common open space • We are asking for one residence to be allowed to built on the proposed • 20 acre lot. The residence and any associated outbuilding would generate A farmstead of not more than one (1) acre. The remaining 19 acres would be considered open space/pasture/farmland. This would offer the Highland Farms PUD a suitable land buffer to any residence/outbuilding that may be allowed on the proposed lot. Component Six - signage The only signage that would affect this property would be the TBD address to be displayed upon the approval of the proposed lot. Component Seven - MUD impact Not applicable. Not in MUD area Component Eight - intergovernmental agreement impacts According to internet searches of Comprehensive Plan Maps for Frederick, Firestone, Dacono and Erie, Colorado, the only municipality with this parcel in it is the Town of Erie. They have designated this parcel on their Comprehensive Plan Map with an Rural Residential designation, with the proposed density of 2 homes per acre. As this property is rural Weld County • and not under the control of the Town of Erie, this designation by the Town of Erie is set up for the possibly of persons wanting to annexation into the Town of Erie in the future. • • Additional restrictions to be placed upon and recorded with the deed to the Balmes Estate Lot: All activities will be conducted within the legal boundaries of the Weld County, Division 5, E (Estate) Zone District code. This lot may be subdivided one time only, for residential purposes only, in any municipal jurisdiction. This lot may never be developed for commercial purposes, other than those listed in the Weld County, Division 5, E (Estate) Zone District code in any municipal jurisdiction. It is Greg And Lisa Balmes intention to keep this property in as near virgin condition as possible. It would be their intention to enhance the value of the surrounding properties by always keeping this property rural and in agricultural form and uses. It has always been their desire to promote the agricultural way of life and to keep homesites in 3 acre or larger dimension. • A further restriction that will be given to any future owner will be this statement: There us to be no outside storage of"derelict" vehicles and/or"junk". The term "derelict" vehicles means but is not limited to: trailers, vehicles that are not in running condition, or any other vehicle or piece of equipment that would be an eyesore to your neighbor. The term"junk"means but is not limited to: building, fencing, landscaping or any other materials that would be an eyesore to your neighbor. It is your responsibility as a good neighbor to promote the value of your property and that of your neighbors. • • *Road Plan - Access to the property will be from State Highway 52 onto an all weather access granted by CDOT Permit #410001. The access off Hwy 52 to the residential structure will approximately 30 feet wide and of an all weather construction to accommodate the weight and width of emergency personnel. Weight 60,000 pounds. The road will be constructed using standard road construction materials and procedures. The applicants intend to fund the improvements at the time of the construction from personal available funds. COLORADO DEPARTMENT TRANSPORTATION • CDOT Permit No. 41000. STATE HIGHWAY ACCESS PERMIT State Highway No/Mp/Side 52 A / 8.677 / R ormit fee Date of transmittal Region/Section/Patrol Local Jurisdiction $50.00 1/5/2010 4 / 01 /9-Longmont Weld County The Permittee(s); Applicant: Ref No.: Balmes Homes Greg Balmes 6480 C.R. 5 Erie,CO 80516 303-931-6493 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used i accordance with this permit, including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their dull appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location:This access is located on S.H. 52, a distance of 3575 feet east of mile post 8 on the south/right side. Access to Provide Service to: (Land Use Code:) (Size or Count) (Units) 210-Single-Family Detached Housing(1 home) 10 ADT 997-Agriculture(20 acres) 4 ADT Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Lee Ireton with the Colorado Department of Transportation in Greeley, Colorado at(970) 350-2147, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Pe ee Signatry€') /ttian Print Name "., Date iv cuvhis permit is not valid until signed by a duly authorized representative of the Department. OLORADO DEPARTMENT OF TRANSPORTATION Signature f I( ,,Q Print ri� Name L�. Title n i Date(of issue) itM-_F1 UCE-( d - VIon2 itiCP.- ld(e✓ Title_ I``Cr /Tom' O i o Copy Dis but n: Required: Make copies as necessary for Previous e ns are obsolete an may not be us 1.Region 3.Staff Access Section Local Authority Inspector Page 1 of 3 CDOT Form#101 5i 2.Applicant 4.Central Files MTCE Patrol Traffic Engineer I • • COLORADO DEPARTMENT OF TRANSPORTATION CD0T Permit No. 410001 SH/S/MP STATE HIGHWAY ACCESS CODE • 52 A / 8.677 / R NOTICE TO PROCEED Local Jurisdiction Weld County Permittee(s): Applicant: Balmes Homes Greg Balmes 6480 C.R. 5 Erie,CO 80516 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as • appropriate. Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By Title Date • X 1 N ( ) I,{,, ly I I ti S/a o t o Cop distkibution: Required: Make copies as necessary for: Form 1265 8/98,6/99 ✓ Region(original) Local Authority Inspector Lee Applicant MTCE Patrol Traffic Engineer Staff Access Section 9-Longmont LieL:oc c+ 1P 1, — (y l w..z s Cs+c.. e 41 .________-e �_— A- --4e- L A=(o" Si-roi. uri-A i C i f `e. 36` ? I $-u " Roc,ci 51c. C r1 I Z Cr . sk ec 'eft( 1' = 3O ' Rcc-L wr NORTH 1/4 CORNER .a SECOON 5. TO RCM FTIO AM.PER UCti. 02 RECORD ACCEPTED FOR nut,10/18/97 k — COLOEWO STATE MGRWAY 52 - ——— — — — — — — SILNT — - .__ - - CFNiFppHE K ROAD dsTAHCE ro.16x - J _ $1 a2J Ac {B NE..o.001 - ,m' 0Rn a,a00 —iS— jTRACT C sa SPACE 'yl tub carat..,„,.,.. I OPEN SPACE L. - --- ., 7aRACT E — — — — _. 92 S.F.f. '^ ----r % - Y 1.72 AC ,e ms OPEN SPACE \ roR • — —_._r _______ I' 1S#sabf PLAT 88.824 S.F. y`.4n 'AU RT U ! . IEI -S. •• )aSa)S.i. • .�` 1W.859 Ti. ZIT; i }. 1.89 AG �t , t�'e1l f 2.48 AC �\ ry, � ism - r , r t 11 suit' 1 it 78,519 IF 4. aiA-I A. ttI 1.80 AC •• ,• - "` • - _.-- . - to> I I ! ,� r I 'I\ .. I 1 f xai A I I • c i g I1 I f I 1.92 AC y 7 I- 111.59{SF. I I P kI' >4�7 F. A F 236 AC 'i BALlIES ESTATE LOT I' 871,1]7 Sr I i 1 I�'k' 20.00 AC I 4 I . { 1<q a >r I L 2 • A� (1,,,/t� \ •. �., , �,It ; I JW US FA4Mp11 N.' Ab ro OE 0:oulm Ira, In MS Put AT 011113 030e4A ;' _J w ID lit otilacATED 01 in MT N A,I Qy 1AA I i� RIIa iJPN'E I''E S A0a1522 '� 1 toD.SOJ S.F. B ax i 2.50 AC 10a0x)Sr. I — K- 2V AC I-r I// r' RF 9A5 038.1311 CA1W I/ a 2 199E omctrz0 f I� X1011 I in Mf Ml F L _ t. 1%; '-- - CENTER N 1/16 I• '/ I t�n I A //'� CM,ES 25N]KR I • 1 }tl 0 St O EA.ATED - I RCN.RECORD ACCEPTED I T lRo Mi \ I TOR FE111C 12Ay0J ' Ii it �I v WAS7 saw B'45'M'E 190 3.56110 \ IT'RACT D 190J.851.85'(R1) \\\` CJ W U HICHVIEW RANCH S AA N6 tOT o 1' g 41 Balmes Estate Lot - Road Construction Plan C = 1" to 2" 3/4" crushed rock B = 4" road base A = 6 inches structural fill Native soilID �� *Road Plan -Access to the property will be from State Highway 52 onto an all weather access granted by CDOT Permit #410001. The access off Hwy 52 to the residential structure will approximately 30 feet wide and of an all weather construction to accommodate the weight and width of emergency personnel. Weight 60,000 pounds. The road will be constructed using standard road construction materials and procedures. The applicants intend to fund the improvements at the time of the construction from personal available funds. • • • Balmes Estate Lot • Construction Estimate 1400 feet long 30 feet wide 40 hours grading $50.00 ph $2,000.00 800 tons Structural fill $2.50 ton $2,000.00 500 tons Road base $4.95 ton $2,475.00 350 tons Crushed rock $10.95 ton $3,675.00 66 hours Trucking $75.00 ph $4,950.00 Total $15,100.00 • • . • • *Financing - the applicants intend to fund the improvements at the time of construction from personal finds available. • • 9 Great Western Bank Making Life Great February 25,2010 To Whom It May Concern: This letter will serve as notification that Greg Balmes and Balmes Homes have substantial funds available at Great Western Bank. Without being able to give a full guarantee,I will state that it seems that Mr. Balmes would have more than enough resources to complete any improvement/construction activities in relation to the Balmes Estate lot or any other project he works on. • Please know that Mr. Balmes has been a customer of our institution for over 10 years. Considering his banking history,we consider him to be an excellent customer. If further information is required,please fee free to contact me at 303-828-0888. Thank you, GREAT WES BANK J s Vail Sites ersonal Banking Officer • • *Construction Schedule - pending approval of the creation of the Balmes Estate Lot, construction of the proposed utilities will be completed in not more than 2 years. • 0 • *Improvements Agreement - the applicants intend to fund the improvements at the time of the construction from personal available funds. The only improvement that is scheduled to be completed is an extension of the existing all weather road. • • 3 Great Western Bank- Making Life Great February 25,2010 To Whom It May Concern: This letter will serve as notification that Greg Balmes and Balmes Homes have substantial funds available at Great Western Bank. Without being able to give a full guarantee,I will state that it seems that Mr. Balmes would have more than enough resources to complete any improvement/construction activities in relation to the Balmes Estate lot or any other project he works on. . Please know that Mr. Balmes has been a customer of our institution for over 10 years. Considering his banking history,we consider him to be an excellent customer. If further information is required,please fee free to contact me at 303-828-0888. Thank you, GREAT WES BANK J Vail Sites ersonal Banking Officer • • • Weld County Treasurer Statement of Taxes Due 1pAccount Number R3940505 Parcel 146705201014 Legal Description Situs Address HFP OUTLOT A HIGHLAND FARMS Account: R3940505 BALMES HOMES LLC DEFINED BENEFIT 6480 COUNTY RD 5 ERIE, CO 80516 Year Charges Billed Payments Balance 2009 Tax $18.19 $18.19 $0.00 Grand Total Due as of 02/28/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 2390-2390 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $3.87 AG-DRY FARM LAND $788 $230 SCHOOL DIST REIJ 46.2680000 $10.64 • Total $786 $230 NORTHERN COLORADO WATER 1.0000000 $0.23 (NC MOUNTAIN VIEW FIRE 11.7470000 $2.70 HIGH PLAINS LIBRARY 3.2550000 $0.75 Taxes Billed 2009 79.0740000 $18.19 *Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assess ents and prior taxes liens currently due and payable connected with the parcel(s) identified ther n have been paid in full. • Signed ate J AC • • Changes to the Highland Farms Subdivision Declaration of Covenants, Conditions and Restrctions These additions and/or changes are to be recorded to the Highland Farms Subdivision Declaration of Covenants, Conditions and Restrictions (hereby referred to as the Declaration) upon the approval of the vacation of Outlot A of the Highland Farms Subdivision by the Weld County Board of Supervisors. Page 1, paragraph 1, last line: "Except where specifically included, the Ag lot is not subject to this Declaration". This statement is stricken from the Declaration. 7. Land Use and Other Restrictions 7.2 Ag lot "The Ag Lot shall be used for a agricultural purposes only." This statement is stricken from the Declaration as the Ag Lot does not exist. 7.8 Garbage and Trash Removal. "No lot or part of any Lot, including the • Ag Lot, of the subdivision shall be used or maintained as a dumping ground for rubbish." The underlined section that reads "including the Ag Lot" is Stricken from the Declaration. 111111VIIIVIII111111111111VIII �� 11111 �� 1111 3316279 08/24/2005 02:47P Weld County, CO 1 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder • % Highland Farms Subdivision Declaration of Covenants,Conditions and Restrictions THIS DECLARATION made and executed this gfrii- day of s4 u':4— , 200c by Highland Acquisition Group,L.L.C. ("Declarant")as owner of, ots 1-9("Lot(s)")and the Ag Outlot (the "Ag Lot") of the Highland Farms Subdivision, 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. Except where specifically included, the Ag Lot is not subject to this Declaration. 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 person's 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. • TIED 111111111111111 IOU 11111111111 III !EII E III 3316279 08/24/2005 02:47P Weld County, CO 2 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder • 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). IA 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 Lot. 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 • CANSflestvestmautopertfelACINUPConspene,n V+ol Pars ceverela m1Ywts 1 111 11111111111 1111 1111 HE I I 111111 1M l l 1111 3316279 08/24/2005 02:47P Weld County, CO 3 of 22 R 111.00 D 0.00 Steve Moreno Clerk&Recorder • 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 Aupoint 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 Acarriation, 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. • ViNtaWittoSicettiMIPUD1CovasinJ IIO.,V W hISa PP 6,em•b141111ibe 111i11111111 t it l I I I I 111111111111111111 I I 111111 I I I I I I I I 3316279 08/24/2005 02:47P Weld County, CO • 4 of 22 R 111.00 0 0.00 Steve Moreno Clerk&Recorder 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 fix 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 arrrlerate 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. • C r 11OA3 4es ct.s wawa*, �urii�rrirr iiiri riiir riirii r�i�ri roil iii rriri rill 3316279 08/24/2005 02:47P Weld County, CO iru 5 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder • (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 • d IO.AW a47* c.ms%WWI de. IMP 11111 HIE 11111 111111 U lit III 11111 IIII 1111 3316279 08/24/2005 02:47P Weld County, CO 6 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder • 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. • 1111111 11111111111111111111111111111111 III 11111 I I I 11111 3316279 08/24/2005 02:47P Weld County, CO • 7 ot 22 R 111.00 D 0.00 Steve Moreno Clerk 8 Recorder 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 plogiam 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 collections 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 include,but are not limited to the following: • (a) Emergency access roads located in the open space; cw,ea' w.a.ya,naw,vv..m.a mnwI#lS F sco,m...m�p+ac Steve MoCounty, CO re 3316279�111111�11111101U11111111111111111lidlit lilt II 1111• no Clerk& Recorder 8 0l 22 R 111.00 D 0.00 St(b) Riparian areas, if any; (c) Selected easements owned or held by the Association; (d) Designated open spare; (e) Outlots; (t) Stormwater retention and/or detention facilities; (g) Stonnwater 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; • (I) 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 • ad HI imdnnsOnwie ar 11111111111111111111 111111111111 1111• 3316279 0812412 .00 3 of 22 R 111.000 0.00 Steve Moreao Clerk&Recorder 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. 53 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 aptsopi_late. 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. • �,o,..rp,e,.vo,,.r.mm.w.d 11111111111111111111 11111111111111111111111111 3316279 08/24/2005 02:47P Weld County, CO • 10 of 22 R 111.00 0 0.00 Steve Moreno Clerk&Recorder 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 acres 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. • 1111111111111111111111111111111111VIIIM11111111111I! 3316279 08/2412006 02:47P Weld County, CO • 11 of 22 R 111.00 0 0.00 Steve Moreno Clerk&Recorder 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. • C'!LIYsN �IWWH..aPa.C. Sm 1111111 11111111111111111111111111111111 111 111111 1111111 3316279 08/2412005 02:47? Weld County, CO • 12 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder 5.18 Meetings of Architectural Review Committee. The Architectural Review Committee shall meet form time to time as necnsary 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 d any Lot, nor ct ure, awning, fence or any other structure shall be erected, placed or alteshall 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 • -HCIA*Wast torn Cass.3I A. 1111111 11111 IIIII 111 111111 11011 11111 III 111111 III IIII 3316279 08/24/2005 02:67P Weld County, CO 13 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder • 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. MI 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. • CSattf o..•mmv.na.. 1 11111 1111 11 Ilill 11111 111111 HI III 111111 III 1111 3316279 08/24/2005 02:47P Weld County, CO 14 of 22 ft 111.00 D 0.00 Steve Morena Clerk&Recorder • 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. • 72 Ag Lot. The Ag Lot shall be used for agricultural purposes only. 7.3 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. 7.4 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 • HEIM 11111 11111 11111 111111 EVE HE I I 1111111 I I I III I 3316279 08/24/2005 02:47P Weld County, CO 15 of 22 R 111.00 0 0.00 Steve Moreno Clerk d Recorder • 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. 7.5 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. 7.6 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. 7.7 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. 7.8 Garbage and Trash Removal. No Lot or part of any Lot, including the Ag 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 7.9 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. 7.10 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. 7.11 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. 41 CANISINI......lanlettINCI.MIConnsedIVAa t fine Gongsmod 1111111 111111111 11111 1111111111111111I I 11111111111111 3316279 08124/2006 02.47P Weld County, CO 16 of 22 R 111.00 0 0.00 Steve Moreno Clerk&Recorder• 7.12 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 adjacent Lots and streets. All solar devices and their placement must be approved by the Architectural Review Committee. 7.13 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. 7.14 F n in . 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. 7.15 Outside Lighting. No outside lighting shall be installed without prior written approval by the Architectural Review Committee. 716 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. 7.17 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. 7.18 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. c8. ANIMAL AND AGRICULTURAL RESTRICTIONS J 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 • CAOSOlie..,r.na.xl4.OWACP.on.•na1 IWM dle1 l Lv I11111111111111111111111111111111111111I11111111 111111114 11 3316279 08/24/2006 02:47P Weld County, CO • 17 of 22 R 111.00 D 0.00 Steve Moreno Clerk 8 Recorder 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. 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-H 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. My 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. 1111111 11111 11111 111 111111 111111 11111I I1111111 1111111 3316279 06/24/2005 02:47P Weld County, CO 15 nl 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder • 9.3 Section 35-3.5-102, C.RS., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to 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 stare 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 farmer'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 • HOMIfreland Pro ce,mu Mina. IIlenuilii1111iiuiiiuuiiiii�elii! illu!� 33 of 22 R 111.00 0 0.00 Steve Morena Clerk Recorder • 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 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 arress, 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 arrrss 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. Each 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 I 111111 11111 11111 till 11111111111111111 111111111111 1111 3316279 08/2412005 02:47P Weld County, CO • 20 of 22 R 111.00 D 0.00 Steve Moreno Clerk&Recorder notice and consent of Weld County, Colorado. Article 10 of this Declaration concerning 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, attomey'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 CADEArbotea• ,r1 HMM ad [mos 204119Ob, I 1111 1111 111 11111 111111 111111 11111II11111111 111111 3316279 08/24/2005 02:471' Weld County, CO 21 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder • may by operation of law, be added to the properties, rights and obligations of the 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 testiictive 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 BLAND • ,-.pnissmyRpwWga,ylNaRAIOnst•d HOMIlighleld Pn.Cues 3001.18111•K 11111 11111 Mill 111111IIIII III 11111111111E 3316279 08124/2005 02:47P Weld County, CO 22 of 22 R 111.00 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 cquisition Gr. p, L.L.C. By: M. Bulthaup, Manate STATE OF COLORADO ) }SS COUNTY OF/Y-ih°AK DC) The foregoing instrument was acknowledged before me, a Notary Public, this 7r-0— day of jk t S 7 , 200 C by Robert M. Bulthaup as Manager of the Highland Acquisition Group, L.L.C. WITNESS my hand and official seal. My commission expires: / / 3 0 Of Notary Public 1 if CA% • • a,o.ea •SI A$4 a fins Cawood.2OOwac Chris Gathman From: ', Chris Gathman Sent: Monday, January 18, 2010 10:54 AM To: balmeshomes@msn.com' Subject: PUD amendment procedure for Highland Farms Greg, We presented your proposal to amend and vacate Outlot A from Highland Farms. Michelle and I presented the question as to whether or not an amended change of zone application would be required (in addition to an amended final plat application) if you amended the boundary between Outlot A and the open space tracts (Tract D and/or Tract C). Staff made the determination that an amended PUD change of zone application will not be required. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 Q ( Print Form Submit by Email • WELD COUNTY PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review Is not an application. ▪ Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail,fax or drop off the request and required checklist items to the address listed below,a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: • Name: Oren l I Q_5 � (� p Phone: 03 lJl L 1 l3 Fax:5O3-O/ak y9 )/, I Email: b Ines 401/$&s ® MS II. Com Address; 6i I Sr) Cr. 5 Erie Co &os l(0 Project Description: j Qc-'(d-f- 141Jc [k(-odd RifIlls Property Information: Section-Township-Range 01 -6,S roc o c -on- Zoning f©� Parcel Number i j.(! OS c2 O1 O i L/ Acreage a fl Site Address w(4 59- 1 Water Source Left i 1 s w\ timer. Legal Description }- j ' h.. _I "n S a� ��0 f(of Sewer t it G F a/ Owner Name `a I WAS f CjtA. 4' u≥i vtQd 1-u'l d 14 Is this property currently in violation? fl Yes No Case Number Preferred date and time for meeting: 1 — I t 5 b 201 0 • Office Use Only - Project Title: Description: • Review Date: Meeting Dategime: Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 January 6, 2010 To: Michelle Martin Weld County Planning From: Greg Balmes Re: Ag Outlot Highland Farms Intentions: We purchased the 21 acre Ag Outlot at Highland Farms Subdivision at WCR 3.25 and Highway 52. It would be our intention to re-plat Highland Farms Subdivision to remove the Ag Outlot and return it to a pure Ag Lot status. According to the covenants of Highland Farms, the Ag Outlot is not governed by their rules,nor are we a part of their homeowners association. We have received an access permit from CDOT for an access off Highway 52. We do not require a new entrance as this access already exists. Left Hand Water, Source Gas, and United Power have all been contacted and have agreed to supply utilities. A utility easement is already in place. It is our request to maintain the "Ag lot" status and be able to build one single family residence on this property. We further request not to be a part of the Highland Farms Subdivision. The home would be placed on the outlot so as not to appear to be a part of Highland Farms. It would seem that this would be a very beneficial event to all parties involved. The County would receive more property taxes. A 21 acre parcel on a major highway would be kept from annexing and developing commercial properties. A large percentage of this property would be farm/open space into perpetuity. The property could be properly maintained with a family actually living on and maintaining the property. And the views of the surrounding property owners would not be impeded. RespectfuIl , 4 Gre Balmes vd 0 3NON e0£:90 0L LO uer In 4 5ut r L A ? r diiia 4A cc d cm m 8 9 g@@ W In ro ek65� 1 lLIi 2 e"W _ £In -'21 g N BB pp s 0I- IA �.Wi ao$,,,, e( m 4 3 4 z m I il, e, (I- ��eYy L�GN .Y�au p� o •� £ mh teary • �qq Y st Ma-00S L P 2 }� z > l C rm Milli Wsesecl G LC . Q �2 e C .> ® I -_-�� IV 1 III KI COLL gi \,�i zu6 N n 8 �@c X. I { Re ,r P-°- 5a s< d a' r (� \Sa" f ;-k. 3g QaE :=14 km 1 q �lb $ :,ra�r ° p. nx u/ a X $e �\ ..W 7_--J Sus e of R . ` _ �.a e It 1R r ' gI I maA II I £p I I wgg�c �: _ p i y— Q. i I o i ¢ t 4 7,E. , sn: --d .'"? it I I c • .:, i _ g$yp.( a..j £ iT J,,.-0--__y .. d //( R I mh g q� I l Z '71, 1 P Ii 1, 4_1-4 dy -c- III il3 w 9"F R Il 3 ¢ ii '2 re_I t� i '�j ter " ' `L__li a BP r O s N I ( G ] i Q z� se o-� C r �s Y.C- E i � al8 • Lt., ,- D Np. p Q s,, �- r Y :rJ! gZS w w f' MNI- .3 a !/- cY ii T 1 to 3 i 10I— /I c {/� - 1 a. A.my ;r N d la O N LL Yg;H a\`_ I /�.% f s+pAA a (n -1 m 8d, ♦/r s WA I s 1-•• e.„ `„;,,w t__. L. r I .g (-3,g" 1 5 F. z 3� '0 5@- ••1- .crr, ```,� •y7 _. i 4 15 N W Na 4 _ . i Itla ;,- Star ! L__-__L_:___. i k p<3 II Zug 5 J II C 2 9 -"¢_ 'LIZ odi II: • l .''*.`r .1 ytty �ga y®i ��` ¢ d H� @g u v 6C® in O P I. �R /,;,uw / J ,•��a ® �4 • taaZ'l i aX 0aa 4 O � �[i�� ; ', g ia.:l3dd �e �+�as. ° aYAdu '' ( 3F e o gI" �I� U nl"�`T �11;� �/e . R D fi gWao s�, rx Z 1j+J� 9 n 9gP ~O O g A la:CC ailt t J - d� redg Tf. tI r3. �3 / / __ di).ecus —J I "5R igi a$c '``l� ten �' 3W.9LloM ,^ •. jE p v mi n: a ga I .� .4! ps°1, I �- �� 41 a Na. LES ,N', Is/ tgo €� cub. r P .. ,, II • I FHA i ₹ng I IbSc �Y g I ,N N 2uu . I iz:n t' U Fa 1 ,- -"‘ gR Ch Off^ O0^ O^ § I. a,�el$ I l �\ $� i j�ya c I yh@ Xg o- � 1 111 11 • File contains CD of digital application materials • Please See Original File • Hello