HomeMy WebLinkAbout20101503.tiff 111111111111111111111111 IIII 11111111111 III 111111111 IIII
3632641 06/25/2009 03:19P Weld County, CO
1 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
641 DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR
TWIN VIEW ESTATES
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR TWIN VIEW ESTATES is made and entered into this day of 'canc., 2009,
by LOVELAND PEAKS, LLC, a Colorado Limited Liability any ("Declarant") .
RECITALS
A. Declarant is the owner of certain real property located in the
County of Weld, State of Colorado, legally described on Exhibit "A" attached
hereto and incorporated herein by refefence ("Property") .
B. Declarant desires to create on the Property a single-family
residential development, and desires to provide for preservation of the
aesthetic and architectural amenities of the Development. For that purpose,
and for the benefit of the Property and the owners thereof, Declarant desires
to subject the Property to the covenants, conditions, restrictions and
easements as set forth in this Declaration.
C. The name of the Development to be created on the Property shall be
TWIN VIEW ESTATES.
D. Twin View Estates Homeowners Association, a Colorado Nonprofit
Corporation, will regulate the use of certain access, drainage and utility
easements and open space within the Development, and such portions of the
Development as may be designated for ownership by said Association, and to
otherwise govern the use and enjoyment by Owners of various Common Elements.
ARTICLE 1. SUBMISSION OF PROPERTY
The Declarant does hereby publish and declare that the Property shall be
held, sold, conveyed, transferred, leased, subleased and occupied subject to
the following easements, covenants, conditions, and restrictions which are for
the purpose of protecting the value and desirability of the Property, and
which shall run with the Property and shall be binding upon and inure to the
benefit of all parties having any right, title, or interest in the Property,
or any portion thereof, their heirs, personal representatives, successors, and
assigns.
ARTICLE 2. DEFINITIONS
2.1 Definitions. When used in this Declaration, unless the context
clearly indicates otherwise, capitalized terms not otherwise defined in the
Act or in the Land Survey Plat for the Property shall have the meanings
provided in the following sections of this Article:
2.1.1 "Access Easement" shall mean and refer to the access
easement more particularly described in Section 6.2 (a) of this Declaration.
2.1.2 "Allocated Interests" shall mean and refer to the
Common Expense Liability and votes in the Association.
2.1.3 "Approval" or "Consent" shall mean and refer to the
prior written approval or consent as required herein before doing, making, or
suffering that for which such approval or consent is required.
1211~1 e:6"9 070e -isos
8/ayaozd 1 ��APa9
1111111111111 1111 Ills iiil 11[1111 III 11111 Ilii liii
3632641 06/25/2009 03:19P Weld County, CO
2 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
2.1.4 "Assessments" shall mean and refer to all Common
Expense Assessments, Special Assessments, Individual Assessments and Fines
levied by the Board of Directors pursuant to this Declaration, the Bylaws or
the Rules and Regulations.
2.1.5 "Association" shall mean and refer to Twin View Estates
Homeowners Association, a Colorado Nonprofit Corporation, its successors and
assigns.
2.1.6 "Bylaws" shall mean and refer to any instruments,
however denominated, which are adopted by the Association for the regulation
and management of the Association, including amendments to those instruments.
2.1.7 "Common Elements" shall mean and refer to any real
estate, easements or real property interests within the Development owned or
leased by the Association or over which the Association has acquired easements,
including open space, access, drainage and utility easements hereafter created
pursuant to Section 6.2 and any other property rights owned, leased or
otherwise acquired by the Association. "Common Elements" shall also include
any storm drainage improvements, structures or other facilities, or other
public improvements installed or located (or to be installed or located) within
the Development, as well as related off-site improvements, structures or
facilities used by or benefiting the Development and/or installed pursuant to
requirement of Weld County as a condition to development of the Development or
any part thereof.
2.1.8 "Common Expense Assessments" shall mean and refer to
all Assessments made for Common Expenses.
2.1.9 "Common Expenses" shall mean and refer to expenditures
made or liabilities incurred by or on behalf of the Association, together with
any allocations to reserves. These expenses for the operation of the
Development include, but are not limited to:
(a) expenses of administering, maintaining, leasing,
securing, insuring or replacing the Common Elements, including, but not limited
to, Common Roads and any easements constituting a portion of the Common
Elements;
(b) expenses declared to be Common Expenses by this
Declaration;
(c) expenses agreed upon as Common Expenses by the
Association;
(d) such reasonable reserves as may be established
by the Association, whether held in trust or by the Association, for repair,
replacement or addition to the Common Elements or any other real or personal
property acquired or held by the Association.
2.1.10 "Common Roads" shall mean and refer to the streets and
roads identified on the Plat as "Twin View Lane" and "Twin View Court."
"Common Roads" shall not include private driveways constructed by individual
Owners to provide access to the Dwelling Unit or other Improvements located
upon an Owner's Lot.
2.1.11 "Declarant" shall mean and refer to Loveland Peaks,
LLC, a Colorado Limited Liability Company, or any other Person or group of
Persons acting in concert who, as a part of a common promotional plan, offer to
dispose of to a Person other than Declarant a Lot or Lots not previously
disposed of to a Person other than Declarant.
2
(iiiiii IIII I ID III 111111111111111111111 ill 11111 till 1111
3632641 06/25/2009 03:19P Weld County, CO
3 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Reco dL
2.1.12 "Declaration" shall mean and refer to this Declaration,
including any amendments hereto and also including, but not limited to, any
land survey plats for the Property recorded in the office of the Clerk and
Recorder of Weld County, Colorado.
2. 1. 13 "Design Review Committee" or "DRC" shall mean and refer
to the committee established to review and approve plans for the construction
of Improvements on Lots as set forth in Article 8 of this Declaration.
2.1.14 "Development" shall mean and refer to the Property
described on Exhibit "A" attached hereto and incorporated herein by reference.
2.1.15 "Dwelling Unit" shall mean and refer to a single-family
residential dwelling constructed on a Lot.
2. 1.16 "Board of Directors" shall mean and refer to the Board
of Directors designated in the Declaration to act on behalf of the Association.
2.1.17 "Fines" shall mean and refer to any monetary penalty
imposed by the Board of Directors against a Lot Owner because of a violation of
this Declaration, the Articles of Incorporation of the Association, its Bylaws
or the Rules and Regulations by such Lot Owner, a member of the Lot Owner's
family or tenant or guest of the Lot Owner or a member of a family of a tenant
of a Lot Owner.
2.1.18 "Improvement (s) " shall mean and refer to all Dwelling
Units, buildings, outbuildings, parking areas, fences, walls, hedges,
plantings, lighting, poles, driveways, roads, ponds, trails, gates, signs,
changes in exterior color or shape, excavation and all other site work,
including, without limitation, grading, road construction, utility
improvements, removal of trees, and any new exterior construction or exterior
improvement which may not be included in the foregoing. "Improvement (s) " does
not include turf, shrub or tree repair or replacement of a magnitude, which
does not change exterior colors or exterior appearances. "Improvement (s) " does
include both original improvements and all later changes and improvements.
2.1.19 "Lot" shall mean and refer to a physical portion of
Development, which is designated for separate ownership or occupancy and the
boundaries of which are described in the Plat or determined from the
Declaration.
2.1.20 "Member" shall mean and refer to every person or entity
who holds membership in the Association.
2.1.21 "Owner" shall mean and refer to the record owner,
whether one (1) or more Persons, of a fee or undivided fee interest in any Lot,
as defined herein, which is part of the Property, including contract
purchasers, but excluding those having such interest merely as security for the
performance of an obligation.
2.1.22 "Period of Declarant Control" shall mean and refer to
the period beginning on the date this Declaration is first recorded in the
office of the Clerk and Recorder of Weld County, Colorado, and ending on the
date on which the Declarant shall have conveyed to parties (other than a
Successor Declarant) all Lots originally owned by the Declarant in the
Development.
2.1.23 "Person" shall mean and refer to an individual,
corporation, business trust, estate, Limited Liability Company, limited
partnership, general partnership, association, joint venture, government,
government subdivision or agency, or other legal or commercial entity.
2.1.24 "Plat" shall mean and refer to the Plat of Twin View
Estates, as it has been recorded and may be amended or supplemented from time
3
111101 IIIII IIIIII IIIIII X111 IIII IIIII11 III IIIII IIII IIII
' 3632641 06/25/2009 03:19P Weld County, CO
4 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
to time, in the records of the office of the Clerk and Recorder of Weld County,
Colorado.
2.1.25 "Property" shall mean and refer to that certain real
property described on Exhibit "A" attached hereto and incorporated herein by
reference.
2.1.26 "Security Interest" shall mean and refer to an interest
in real estate or personal property, created by contract or conveyance, which
secures payment or performance of an obligation. The term includes a lien
created by a mortgage, deed of trust, trust deed, security deed, contract for
deed, land sales contract, lease intended as security, assignment of lease or
rents intended as security, and any other consensual lien or title retention
contract intended as security for an obligation. "First Security Interest"
shall mean and refer to a Security Interest in a Lot prior to all other
Security Interests except the Security Interest for real property taxes and
assessments made by Weld County, Colorado, or other governmental authority
having jurisdiction over the Development.
2.2 Other Terms in Declaration. Other terms in this Declaration may be
defined in specific provisions contained herein and shall have the meaning
assigned by such definition.
ARTICLE 3. THE DEVELOPMENT
3.1 Name. The name of the Development is TWIN VIEW ESTATES.
3.2 Planned Community. The Development is not a Planned Community or
Development under the Colorado Common Interest Ownership Act, C.R.S. , Section
38-33.3-101, et seq.
3.3 Maximum Number of Lots. The number of Lots created, and the
maximum number of Lots that the Declarant reserves the right to create, within
the Development is nine (9) .
3.4 Boundaries of Lots. The legal description of each Lot subject to
this Declaration are set forth on the attached Exhibit "A." The boundaries and
identifying number of each Lot created by the Declaration are set forth on the
Plat for the Property, a copy of which is attached hereto as Exhibit "B."
ARTICLE 4. ASSOCIATION
4.1 Authority and Power. The business and affairs of the Development
shall be managed by the Association. The administration of the Development
shall be governed by this Declaration, the Articles of Incorporation, the
Bylaws and published Rules and Regulations (if any) of the Association. The
Association shall have all of the powers, authority and duties permitted
pursuant to the foregoing documents, which are necessary and proper to manage
the business and affairs of the Association.
4.2 Declarant Control of Association. Declarant or Persons designated
by it, may appoint and remove the officers of the Association and members of
the Board of Directors during the Period of Declarant Control, but not to
exceed a period of four (4) years after this Declaration is recorded in the
office of the Clerk and Recorder of Weld County, Colorado.
4 .3 Board of Directors Powers and Duties. The Board of Directors may
act in all instances on behalf of the Association, except as provided in this
Declaration or the Bylaws. The Board of Directors shall have, subject to the
limitations contained in this Declaration, the powers and duties necessary for
the administration of the affairs of the Association and of the Development,
which shall include, but not be limited to, the following:
(a) Adopt and amend Bylaws.
4
I 11111111111 MEIN
���� ���! 1111111 ��� 11111III! IIII
3632641 06/25/2009 03:19P Weld County, CO
5 of 37 R 186.00 0 0.00 Steve Moreno Clerk& Recar;e'
(b) Adopt and amend Rules and Regulations regarding the use and
enjoyment of the Common Elements, and the activities of occupants thereon.
(c) Adopt and amend budgets for revenues, expenditures and
reserves.
(d) Collect Assessments from Lot Owners.
(e) Hire and discharge managers.
(f) Hire and discharge independent contractors, employees and
agents, other than managers.
(g) Institute, defend or intervene in litigation or
administrative proceedings or seek injunctive relief for violation of the
Declaration in the Association's name, on behalf of the Association, or two (2)
or more Lot Owners on any matters affecting the Development.
(h) Make contracts and incur liabilities.
(i) Enter into agreements for the acquisition of real property
interests and recreational opportunities, including, without limitation, access
easements to public and private lands.
(j) Regulate the use, maintenance, repair, replacement and
modification of the Common Elements.
(k) Acquire, hold, encumber and convey in the Association's name,
any right, title or interest to real estate or personal property, but the
Common Elements may be conveyed or subjected to a Security Interest only
pursuant to this Declaration and applicable law.
(1) Grant easements for any period of time, including permanent
easements, leases, licenses and concessions through or over the Common
Elements, and to provide for the sharing of costs of maintaining same, as
appropriate, and on terms deemed reasonable by the Board of Directors.
(m) Accept exclusive or non-exclusive easements for any period of
time, including permanent easements, through or over lands lying outside the
Development for the benefit of Owners of Lots, and to provide for the sharing
of costs of maintaining same, as appropriate, and on terms deemed reasonable by
the Board of Directors.
(n) Impose a reasonable charge for late payment of Assessments
and levy a Fine for violation of this Declaration, the Bylaws and the Rules and
Regulations of the Association.
(o) Impose a reasonable charge for statements of unpaid
Assessments.
(p) Provide for the indemnification of the Association's
officers, agents and the Board of Directors and maintain Directors' and
officers' liability insurance.
(q) Assign the Association's right to future income, including
the right to receive Common Expense Assessments, only upon the affirmative vote
of the Owners of Lots to which at least two-thirds (2/3) of the votes in the
Association are allocated, at a meeting called for that purpose.
5
I MIIIIIII! 111111111111IIIIM1111111III11111IIIIIIII
3632641 06/25/20(19 03:19P Weld County, CO
6 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
(r) Act as an arbitrator or mediator with respect to any dispute
between Lot Owners if the Lot Owners involved shall consent in writing to the
submission of such dispute to the Association for resolution.
• (s) Provide for the enforcement, on behalf of the Lot Owners, of
the rights of such Owners as Owners of the Benefitted Property under the
Declaration of Restrictive Covenants recorded May 17, 2005, at Reception No.
3286821, as amended from time to time.
(t) Provide for the enforcement, to the extent the Association is
an owner thereunder, or on behalf of the Owners, of the rights of Owners under
the Surface Use Agreement recorded June 7, 2005, at Reception No. 3293024,
between Declarant and Magpie Operating, Inc.
(u) Exercise any other power that may be exercised in the State
of Colorado by a legal entity of the same type as the Association.
(v) Exercise any other power necessary and proper for the
governance and operation of the Association.
4 .4 Board of Directors Limitations. The Board of Directors may not act
on behalf of the Association to amend or terminate this Declaration, or to
elect members of the Board of Directors or determine their qualifications,
powers and duties or the terms of office of Board of Directors members, but the
Board of Directors may fill vacancies in its membership for the unexpired
portion of any term.
4.5 Owner's Negligence and Individual Assessments. Notwithstanding
anything to the contrary contained in this Declaration, or in the event that
the need for maintenance or repair of the Common Elements or any Improvements
located thereon is caused by the willful or negligent act, omission or
misconduct of any Lot Owner, or by the willful or negligent act, omission or
misconduct of any member of such Lot Owner's family, or by a guest or invitee
of such Lot Owner, or any tenant of such Lot Owner or any contractor,
subcontractor, agent or subagent of such Lot Owner, or the tenant's family, the
costs of such repair and maintenance shall be the personal obligation of such
Lot Owner, and any costs, expenses and fees incurred by the Association for
such maintenance, repair or reconstruction shall constitute an "Individual
Assessment" and shall be added to and become part of the Assessment to which
such Owner's Lot is subject and shall be a lien against such Owner's Lot as
provided in this Declaration. In addition, the Board of Directors may levy an
Individual Assessment against any Owner or his or her Lot if the Owner, his or
her family members, tenants, guests or invitees willfully or negligently fail
to comply with the terms and provisions of this Declaration, resulting in the
expenditure of funds by the Association to cause compliance by such Person with
such terms and provisions. An Individual Assessment shall be levied and the
amount of the Individual Assessment shall be established only after notice to
the Lot Owner and the right to be heard before the Board of Directors in
connection therewith.
ARTICLE 5. MEMBERSHIP, VOTING RIGHTS AND ALLOCATIONS
5.1 Membership. Every Owner of a Lot, which is subject to Common
Expense Assessments, shall be a Member of the Association. The foregoing is
not intended to include Persons who hold an interest merely as security for the
performance of an obligation. Membership shall be appurtenant to and may not
be separated from ownership of any Lot, which is subject to Common Expense
Assessments by the Association. Ownership of such Lot shall be the sole
qualification for membership. When more than one (1) Person holds a membership
interest in any Lot, all such Persons shall be Members. The vote for such Lot
shall be exercised as they among themselves determine, but in no event shall
more than one (1) vote be cast with respect to any Lot.
6
I 111111 IIIII 111111111111
3632641 06/25/20(19 03:19P Weld County, CO
7 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Rece der
5.2 Voting Rights and Assignment of Votes. The effective date for
assigning votes to Lots created pursuant to this Declaration shall be the date
on which this Declaration is recorded in the records of the Clerk and Recorder
of Weld County, Colorado.
5.3 Allocated Interests. Except as otherwise provided in this
Declaration, the Common Expense Liability and votes in the Association
allocated to each Lot are set forth as follows:
(a) The percentage of liability for Common Expenses shall be
allocated on the basis of equal liability for each Lot regardless of the actual
number of acres contained therein; and
(b) The number of votes in the Association shall be allocated on
the basis of one (1) vote for each Lot regardless of the actual number of acres
contained therein.
ARTICLE 6. COMMON ELEMENTS
6.1 Dedication of Common Elements. The Declarant hereby dedicates the
Common Elements to the common use and enjoyment of Lot Owners as hereinafter
provided.
6.2 Dedication of Easements. Subject to the limitations and
restrictions set forth in this Article 6 and all existing easements,
reservations, restrictions, covenants and agreements of record, the Declarant
does hereby establish, remise, release, sell, convey, quitclaim and dedicate
unto the Association, its successors and assigns, for the use of the Owners of
Lots within the Development, their family members, tenants, guests and
invitees, the following perpetual non-exclusive easements in, over, across and
upon real property located within the Property at the locations described below
and/or depicted or described upon the Plat for the Property:
(a) Access Easement. A perpetual non-exclusive vehicular
(including all terrain vehicles and off-road vehicles) and pedestrian Access
Easement sixty feet (60' ) in width which is depicted on the Plat as "Twin View
Lane" and "Twin View Court" to provide ingress and egress to and from Weld
County Road 3 and each Lot within the Development.
(b) Drainage and Drainage Pathway Easement. A perpetual non-
exclusive Drainage and Drainage Pathway Easement located as reflected on the
Plat, for stormwater drainage and for the installation, construction,
maintenance, inspection, operation, replacement or removal of all necessary
stormwater drainage facilities.
(c) Equestrian and Pedestrian Easement. A perpetual non-
exclusive Equestrian and Pedestrian Easement for the Property, reflected on the
Plat as "Walking Path," for non-motorized recreational purposes, including, but
not limited to, walking, hiking, jogging, bicycling, cross-country skiing and
horseback riding; provided however, that the Association may establish separate
pathways and rules for use within the Equestrian and Pedestrian Easement for
all terrain vehicles and other motorized recreational vehicles. To the extent
that the Equestrian and Pedestrian Easement is located on lands not made a part
of the Development, Declarant shall dedicate such easement to the Association,
its successors and assigns, for the use of the Owners of Lots, by separate,
recorded instrument.
(d) Utility Easement. Perpetual non-exclusive Utility Easements
as more fully described on the recorded Plat of the Property, and which Utility
Easements may be variously described as "Access and Utility Easement" or
"Utility Easement" or "Exclusive Utility Easement," which Utility Easements
shall be for the installation, construction, maintenance, inspection,
operation, replacement or removal of all utilities, including, but not limited
to, potable water, irrigation water, sewer, telephone, data transmission,
natural gas, electricity and cable television, to the Lots within the
7
1111111 !1111111111111111 IIII III! 1111111 III lit IIII Illl
3632641 06/25/2009 03:19P Weld County, CO
8 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorwer
Development. Said Utility Easements may also be used, as necessary, for
stormwater drainage, as deemed necessary by Declarant (or after the Period of
Declarant Control, by the Association) . As shown on the attached recorded Plat
of the Property, the following irrigation easements are further described for
• future reference: (1) 20.00 ft underground tile irrigation easement per Book
589 at Reception No. 1510622 running north to south near the eastern boundary
of the Property is used for irrigation water by a farm located south of the
Property, (2) 20.00 ft underground tile irrigation easement per Book 589 at
Reception No. 1510620 & 1510621 is a lateral line from the previous easement (1)
and is used for irrigation water by a farm located east of the Property, (3)
20.00 ft Irrigation Easement per Book 589 at Reception No. 1510620 running
southwesterly across the Property contains an open ditch conveying irrigation
water to a farm located south of the Property and another temporary open ditch
conveying irrigation tail water toward the southeast corner of the Property,
and (4) 20.00 ft. future right of way reservation and the 30.00 ft Open Space
utility easement running north to south along the western boundary of the
Property currently contain a buried irrigation pipeline, headers, and valves
used historically for irrigating the Property. As shown on the attached
recorded Plat of the Property, the following gas pipeline easement is further
described for future reference: 50.00 ft Easement dedicated to the Loveland Gas
Processing Co. recorded May 14, 1982 at Reception No. 1891642 running from the
northwest corner of the Property southward, and then eastward across the entire
Property currently contains a gas pipeline.
(e) General Utility Easements. There is hereby created a general
easement upon, across, over, in and under such portion of the Property as shall
be located outside of the actual final building sites on each Lot for ingress
and egress and for installation, replacement, repair and maintenance of all
utilities, including, but not limited to, potable water, irrigation water,
sanitary sewer, telephone, data transmission, electrical, natural gas, cable
television and communications systems if, and to the extent that in the
reasonable discretion of the utility provider, such utilities cannot be located
within existing easements. By virtue of this easement and upon a determination
by the utility provider that the utilities cannot reasonably be so located, it
shall be expressly permissible and proper for utility providers providing such
services to install and maintain necessary equipment on all portions of the
Property and to affix and maintain wires, circuits, conduits and pipelines on
or under the Property. Any utility provider using this general easement will
use its best efforts to install and maintain the utilities provided without
disturbing the uses of the Owners, the Declarant and will prosecute its
installation and maintenance activities as promptly and as expeditiously as
reasonably possible. Should any utility provider furnishing service covered by
this general easement request a specific easement by separate recordable
document, the Declarant (during the Period of Declarant Control) and the
Association (after the Period of Declarant Control) will have, and are hereby
given, the right and authority to grant such easement upon, across, over or
under any part of the Property without conflicting with the terms of this
Declaration. This general easement will in no way affect, void, extinguish or
modify any other easement on the Property.
6.3 Maintenance and Regulation of Common Elements. The Access
Easement, the Drainage and Drainage Pathway Easement, the Equestrian and
Pedestrian Easement, and any utility services and any other improvements
contemplated by this Declaration, not owned by specific utility providers,
shall be deemed Common Elements, and such improvements, together with any other
Common Elements, shall be maintained, repaired and replaced as necessary by the
Association so that the Common Elements present an aesthetically attractive
appearance to serve the purpose for which they were installed; provided,
however, the Association shall have no responsibility to maintain electrical
lines, telephone lines or any other utility facilities. The Association shall
have no obligation to maintain, repair, renovate, manage or control private
driveways.
Notwithstanding anything to the contrary contained herein, in the event
the need for the Association to maintain, repair or replace a Common Element is
B
I 111111 1111 111111 HI 1111 11111111111III 11111 11111111
3632641 06/25/2009 03:19P Weld County, CO
9 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
caused by the willful act or gross negligence or misconduct of an Owner or a
member of such Owner's family, or a guest, invitee or tenant of an Owner or a
member of such tenant's family, the costs of such repair, replacement or
maintenance, to the extent not covered by the Association insurance, shall be a
• personal obligation of such Owner, and any costs, expenses and fees incurred by
the Association for same shall be assessed to such Owner and added to Owner' s
Common Expense Assessment. The Association shall have a lien for the payment
of such Assessment as provided in this Declaration.
The Association may adopt such Rules and Regulations with respect to its
Members, their family members, tenants, guests, invitees, contract users,
contractors, subcontractors and agents as shall be necessary for the proper
regulation of the use of the Common Elements, including, without limitation,
the Access Easement and the Pedestrian and Equestrian Easement, in order to
allow the Owner of each Lot the full use and enjoyment of the Common Elements
provided herein in a manner which shall not unreasonably disturb or interfere
with the use of the Property by any other Persons who own a Lot within the
Development.
6.4 Owners' Easements of Enjoyment. Each Owner of a Lot shall have a
right and easement of enjoyment in and to the Common Elements and such easement
shall be appurtenant to and shall pass with title to every Lot, subject to the
following provisions:
(a) The right of the Association to promulgate and publish
reasonable Rules and Regulations as provided in this Declaration.
(b) The right of the Association to suspend voting rights and the
right to use Common Elements by a Lot Owner for any period during which any
Assessment against his or her Lot remains unpaid; and for a period not to
exceed sixty (60) days from any infraction of it published Rules and
Regulations.
(c) The right of the Association to dedicate or transfer any part
of the Common Elements, to any public agency, authority, utility or other
entity for such purposes and subject to such conditions as may be agreed upon
by the Members, provided that no such dedication or transfer shall be effective
unless the Members entitled to cast at least two-thirds (2/3) of the votes of
the Association, including two-thirds (2/3) of the votes allocated to Lots not
owned by the Declarant, agree to such dedication, transfer, purpose or
condition. Written notice of the proposed agreement and action thereof shall
be sent to every Lot Owner at least thirty (30) days in advance of any action
taken. The granting of easements for public utilities or for other public
purposes consistent with the intended use of the Common Elements shall not be
deemed a transfer within the meaning of this clause. An agreement to dedicate,
transfer or convey all or any part of the Common Elements must be evidenced by
execution and recordation of an agreement or ratification thereof, in the same
manner as a deed by the requisite number of Lot Owners. Such agreement must
specify a date after which the agreement will be void unless recorded before
that date.
(d) The right of the Association to close or limit use of the
Common Elements while maintaining, repairing and making replacements in the
Common Elements, provided that the Association shall attempt to minimize any
interference with access to Lots within the Property.
6.5 Easements for Encroachment. To the extent that any Common Roads or
utilities, now or hereafter, encroach upon any area outside of its designated
easement area, a valid easement shall be deemed to exist for the encroachment
and for the maintenance of the same so long as such Improvement shall exist.
6.6 Emergency Easement. An easement for ingress, egress and access is
hereby granted to all police, sheriff, fire protection, ambulance and other
similar emergency agencies or persons to enter upon the Property in the
performance of their duties.
9
I 11111111111111111111111 IIII IIII 1111111 III 111111 III IIII
3632641 06/25/2009 03:19P Weld County, CO
10 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
6.7 Delegation of Use. Subject to such reasonable Rules and
Regulations as shall be promulgated by the Association, a Lot Owner may
delegate his or her right of enjoyment in the Common Elements to the members of
his or her family, tenants, and a reasonable number of guests or invitees of
such Lot Owner.
6.8 Title to Common Elements. The Common Elements shall be transferred
to the Association free and clear of all liens and encumbrances prior to the
conveyance of the first Lot within the Development; subject, however, to the
provisions of Article 6 of this Declaration. Upon transfer by Declarant to the
Association of any Common Elements or any improvements or facilities installed
in, on or under any of the Common Elements, as contemplated by this
Declaration, the Association shall be deemed to have fully accepted same, in
its then present condition, and the Association shall thereafter be fully
responsible for due and proper operation, repair and maintenance of same.
ARTICLE 7. COVENANT FOR ASSESSMENTS
7.1 Creation of Lien and Personal Obligation of Assessments and Special
Assessments. The Declarant, for each Lot owned within the Property, shall be
deemed to covenant and agree, and each Owner of any Lot, by acceptance of a
deed therefore, whether or not it shall be so expressed in any such deed or
other conveyance, shall be deemed to covenant and agree to pay to the
Association all Assessments and Fines, together with such interest thereon and
costs of collection thereof as herein provided. Said Assessments, Fines,
interest and costs of collection, including reasonable attorneys' fees, shall
be a charge on the land and shall be a continuing lien upon the Lot against
which each such Assessment or Fine is made. Such Assessments and Fines,
including reasonable attorneys' fees, shall be the personal obligation of the
Person who was the Owner of such Lot at the time when the Assessment or Fine
fell due. The personal obligation for any delinquent Assessment or Fine shall
not pass to his or her successors in title unless expressly assumed by them. No
Owner may become exempt from liability for payment of Assessments or Fines by
waiver of the use or enjoyment of the Common Elements or by abandonment of the
Lot against which Assessments are made.
7.2 Purpose of Assessments. The Assessments levied by the Association
through its Board of Directors shall be used exclusively for the purpose of
promoting the health, safety and welfare of the residents in the Development;
for the maintenance, repair and upkeep of the Common Elements and for any other
maintenance obligations or common services which may be deemed necessary by the
Association for the common benefit of the Owners, or the maintenance of
property values, or for the payment of expenses which may be incurred by virtue
of an agreement with or requirement of any city, county or other local
government authority, and to provide for all other expenses incurred by the
Association in performing its duties under this Declaration. The Assessments
shall further be used to provide adequate insurance of various types, and in
such amounts deemed necessary by the Board of Directors, with respect to the
Common Elements. Further, the Assessments shall provide a reserve fund for
replacements on a periodic basis as the Board of Directors determines necessary
to adequately provide for such replacements as may be required by this
Declaration.
7 .3 Annual Common Expense Assessment. The total annual Common Expense
Assessment against all Lots shall be based upon the Association's advance
budget of the cash requirements needed by it to provide for the administration
and performance of its duties during such Common Expense Assessment year, which
estimates may include, among other things:
(a) Expenses of maintaining the Association and providing
management for the Development; (b) premiums for all insurance which the
Association is required or permitted to maintain; (c) repairs and maintenance
to or replacement of the Common Elements; (d) snow removal on the Access
Easement; (e) wages for Association employees, if any; (f) legal, accounting
10
��lt1� 111111111111111111111111111111111111111111111111
3632641 06/25/2009 03:19P Weld County, CO
11 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
and property management fees; (g) any deficit remaining from a previous
Assessment year; (h) the creation of reasonable, replacement or contingency
reserves, working capital and/or sinking funds; (i) purchase or lease, repair,
and maintenance of irrigation water services or system for use on Common
Elements or Lots and (j) any other costs, expenses and fees, which may be
incurred or may reasonably be expected to be incurred by the Association for
the benefit of the Lot Owners under or by reason of this Declaration.
Such Common Expense Assessments shall be collected at such intervals as
is determined by the Board of Directors but not less frequently than on an
annual basis.
7.4 Special Assessments.
(a) In addition to the Common Expense Assessments authorized
above, the Association may at any time, from time to time, determine, levy and
assess a Special Assessment for the purpose of defraying in whole or in part,
payments for any operating deficit and/or unbudgeted costs, fees and expenses
of any construction, reconstruction, repair, demolition, replacement or
maintenance of the Common Elements or for "Capital Improvements" or "Capital
Acquisitions." Any such Special Assessment made by the Board of Directors must
be approved by not less than two-thirds (2/3) of the Members who are voting in
person or by proxy at a meeting duly called for that purpose. No Special
Assessment for legal action pursued by the Association shall be required of the
Declarant without the written Approval of the Declarant. The amounts
determined, levied and assessed pursuant hereto shall be assessed equally
against each Lot.
(b) "Capital Improvements, " as used herein, shall mean the
construction, erection or installation of substantial structure(s) or other
improvement(s) to the Common Elements in the Development, but shall not include
Common Elements which may hereafter be constructed, erected or installed on the
Property by the Declarant.
(c) "Capital Acquisitions" as used herein, shall mean the
purchase, lease or other acquisition of real property interests in and about
the Development, including, but not limited to, access to private and/or public
lands in the vicinity of the Development or other property interests which will
benefit and enhance the use and enjoyment of the Development by the Lot Owners
thereof but shall not include any capital acquisitions hereafter made by the
Declarant.
(d) Notice in writing setting forth the amount of such Special
Assessment per Lot and the due date for payment thereof shall be given to the
Lot Owners not less than sixty (60) days prior to such due date.
(e) Written notice of any meeting called for the purpose of
taking any action authorized under this section shall be sent to all Members
not less than ten (10) nor more than fifty-nine (59) days in advance of the
meeting. At the first such meeting called, the presence of Members or of
proxies, if permitted, entitled to cast fifty percent (50%) of all votes of the
membership shall constitute a quorum. If the required quorum is not present,
the meeting shall be continued to another date to be decided by the voting
Members at the first meeting, and it will be called subject to the same notice
requirements, and the required quorum at the subsequent meeting shall be
twenty-five percent (25%) of all votes of the membership. No such subsequent
meeting shall be held more than sixty (60) days following the preceding
meeting.
7.5 Rate of Assessment. Except as otherwise provided in this
Section 7.5 and in Section 7.13, each Owner shall be responsible for a
fraction, the numerator of which shall be 1 and the denominator of which shall
be equal to the number of Lots in the Development, of all Common Expense
Assessments, plus any Special Assessments which shall be allocated to each Lot.
Notwithstanding the foregoing, any Common Expense Assessments or Special
11
I 111111 III IIIIII III IIII IIII 1111111111 III
III III IIII
3632641 06/25/2009 03:19P Weld County, CO
12 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
Assessments, which benefit fewer than all Owners shall be assessed exclusively
against the Lots benefited.
7.6 Date of Commencement of Annual Common Expense Assessments and
Budget. Common Expense Assessments shall commence upon the sale of the first
Lot to an Owner. The first Common Expense Assessment shall be prorated
according to the number of days remaining in the Assessment period established
by the Board of Directors. The Board of Directors shall fix the amount of the
annual Common Expense Assessment against each Lot at least yearly. Written
notice of the Common Expense Assessment shall be sent to every Lot Owner
subject thereto. Common Expense Assessments shall be collected at such
intervals and in such installments as the Board of Directors shall determine.
The due dates shall be established by the Board of Directors. After the first
budget year of the Association, within thirty (30) days after adoption of a
proposed budget for the Development, the Board of Directors shall provide a
summary of the budget to each Owner and shall set a date for a meeting of the
Lot Owners to consider ratification of the budget. The meeting shall be not
less than fourteen (14) nor more than fifty-nine (59) days after the mailing of
the summary. Unless at that meeting a majority of all Lot Owners reject the
budget, the budget shall be ratified, whether or not a quorum is present. If
the proposed budget is rejected, the periodic budget last ratified by the Lot
Owners shall continue until the Lot Owners ratify a new budget proposed by the
Board of Directors.
7.7 Association Lien and Effect of Non-Payment of Assessments. The
Assessments, charges, fees, Fines, impositions, interest, costs, late charges,
expenses and reasonable attorneys' fees which may arise under the provisions of
this Declaration, shall be burdens running with, and perpetual liens in favor
of the Association upon the specific Lot to which such Assessments apply.
Recording of the Declaration constitutes record notice and perfection of the
Association's lien. Further recording of a claim of lien for an Assessment
under this section is not required. Any Assessment, charge or fee provided for
in this Declaration, or any installment thereof, which is not fully paid within
ten (10) days after the due date thereof shall bear interest at the Default
Rate (which for purposes hereof shall be eighteen percent [18%] per annum) from
the due date, and the Association may assess a late charge thereon. In the
event of default in which any Lot Owner does not make payment of any Assessment
levied against his or her Lot within ten (10) days of the due date, the Board
of Directors shall have the right to declare all unpaid Assessments for the
pertinent fiscal year immediately due and payable. Further, the Association
may bring an action at law or in equity, or both, against any Lot Owner
personally obligated to pay such overdue Assessments, charges or fees, or
installments thereof, and may also proceed to foreclose its lien against such
Owner's Lot.
An action at law or in equity by the Association against a Lot Owner to
recover a money judgment for unpaid Assessments, charges or fees, or
installments thereof, may be commenced and pursued by the Association without
foreclosing or in any way waiving, the Association's lien therefore. In the
event that any such Assessment, charge or fee, or installment thereof, is not
fully paid when due and the Association shall commence such action (or shall
counterclaim or crossclaim for such relief in any action) against any Lot Owner
personally obligated to pay the same, or shall proceed to foreclose its lien
against the particular Lot, then all unpaid Assessments, charges and fees, and
all unpaid installments thereof, and any and all late charges and accrued
interest under this section, the Association's costs, expenses and reasonable
attorneys' fees incurred in preparing and recording any lien notice, and the
Association's costs of suit, expenses and reasonable attorneys' fees incurred
for any such action and/or foreclosure proceedings shall be taxed by the court
as a part of the cost of any such action or foreclosure proceeding and shall be
recoverable by the Association from any Lot Owner personally obligated to pay
the same and from the proceeds of the foreclosure sale of such Owner's Lot.
Foreclosure or attempted foreclosure by the Association of its lien shall not
be deemed to estop or otherwise preclude the Association from thereafter again
foreclosing or attempting to foreclose its lien for any subsequent Assessment,
12
III II IIIII 111111 DIM' IIII 1111 111111 III IIIIII III IIII
3632641 06/25/2009 03:19P Weld County, CO
13 of 37 R 186.00 D 0.00 Steve Moreno Clerk& Reno la
charge or fee, or installment thereof, which is not fully paid when due.
The Association shall have the power and right to bid on or purchase any
Lot at foreclosure or other legal sale, and to acquire and hold, lease,
• mortgage, vote the Association votes appurtenant to ownership thereof, convey
or otherwise deal with the same. A lien for an unpaid Assessment is
extinguished unless proceedings to enforce the lien are instituted within six
(6) years after the full amount of Assessments becomes due, except that if an
Owner of a Lot subject to a lien under this section filed a petition for relief
under the United States Bankruptcy Code, the time period for instituting
proceedings to enforce the Association's lien shall be tolled until ninety (90)
days after the automatic stay of proceedings under § 362 of the Bankruptcy Code
is lifted. In any action by the Association to collect Assessments or to
foreclose a lien for unpaid Assessments, the court may appoint a receiver for
the Lot to collect all sums alleged to be due from the Lot Owner or a tenant of
the Lot Owner prior to or during the pendency of the action. The court may
order the receiver to pay any sums held by the receiver to the Association
during the pendency of the action to the extent of the Association's
Assessments, based on a periodic budget adopted by the Association.
7.8 Subordination of Lien to Security Interests. A lien under this
section is prior to all other liens and encumbrances on a Lot except:
(a) Liens and encumbrances recorded before the recordation of
this Declaration;
(b) A First Security Interest on the Lot recorded before the date
on which the Assessment sought to be enforced became delinquent; and
(c) Liens for real estate taxes and other governmental
assessments or charges against the Lot.
A lien under this section is also prior to all Security Interests to the
extent that the Assessments are based on the periodic budget adopted by the
Association and which would have become due, in the absence of acceleration,
during the six (6) months immediately preceding institution of an action to
enforce either the Association's lien or a Security Interest, and statutory
liens recognized under Colorado law. If a holder of a First Security Interest
in a Lot forecloses that Security Interest, the Purchaser at the foreclosure
sale is not liable for any unpaid Assessments against the Lot which became due
before the sale, other than the Assessments which are prior to the Security
Interest under this section of the Declaration. Any unpaid Assessments not
satisfied from the proceeds of sale become Common Expenses collectible from all
Lot Owners, including the Purchaser. Sale or transfer of any Lot shall not
affect the lien for said Assessment charges except that a sale or transfer of
any Lot pursuant to foreclosure of any First Security Interest, or any
proceeding in lieu thereof, including deed in lieu of foreclosure, or
cancellation or forfeiture of any such executory land sales contracts shall
only extinguish the lien of Assessment charges which become due more than six
(6) months immediately preceding institution of an action to enforce either the
Association's lien or a Security Interest, and statutory liens recognized under
Colorado law. No such sale, transfer, foreclosure or other proceeding in lieu
thereof, including deed in lieu of foreclosure, shall relieve any Lot from
liability for any Assessment charges thereafter becoming due, nor from the lien
thereof. This section does not affect the priority of mechanics' or
materialmen's liens.
7.9 Record of Receipts and Expenditures. The Association shall keep
detailed and accurate records in chronological order of all of its receipts and
expenditures, specifying and itemizing the maintenance and repair of expenses
of the Common Elements and any other expenses incurred. Such records and the
vouchers authorizing the payments shall be available on request for examination
by the Lot Owners and others with an interest, such as prospective lenders.
7.10 Notice to Security Interest. Upon the request of a holder of a
13
1111111 11111 111111 IIII 1111 11111 III 111111 III IIII
3632641 06/25/2009 03:19P Weld County, CO
14 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Bewilder
First Security Interest on a Lot, and upon payment of reasonable compensation
` therefore, the Association shall report to such party any unpaid Assessment or
other defaults under the terms of this Declaration, which are not cured by the
Lot Owner within thirty (30) days.
7.11 Certificate of Status of Assessments. The Association, upon
written request to the Association's registered agent, personally delivered or
delivered by certified mail, first class postage prepaid, return receipt
requested, and upon payment of a reasonable fee, but in no event less than Ten
Dollars ($10.00) , shall furnish to a Lot Owner or such Lot Owner's designee or
to a holder of a Security Interest or its designee, a statement, in recordable
form, setting out the amount of the unpaid Assessments against the Lot. The
statement must be furnished within fourteen (14) business days after receipt of
the request and is binding on the Association, the Board of Directors and each
Lot Owner. A properly executed certificate of the Association as to the status
of Assessments on a Lot is binding upon the Association as of the date of its
issuance. Omission or failure to fix an Assessment or deliver or mail a
statement for any period shall not be deemed a waiver, modification or release
of a Lot Owner from his or her obligation to pay the same.
7.12 Homestead. The lien of the Association Assessments shall be
superior to any homestead exemption as is now or may hereafter be provided by
Colorado or federal law. The acceptance of a deed to land subject to this
Declaration shall constitute a waiver of the homestead exemption as against
said lien.
7. 13 Common Expenses Attributable to Fewer than All Lots.
7.13.1 If a Common Expense is caused by the misconduct of a Lot
Owner, the Association may assess that expense exclusively against that Lot
Owner's Lot as more fully provided in Section 4.5, above.
7.13.2 Fees, charges, taxes, impositions, late charges, Fines,
collection costs and interest charged against a Lot Owner pursuant to this
Declaration are enforceable as Common Expense Assessments.
7.13.3 Any Common Expense or portion thereof benefiting fewer than
all of the Lots must be assessed exclusively against all the Lots benefited in
the proportions determined by the Board of Directors after considering the
relative size and value that the Lots being benefited bear to all Lots
benefited.
ARTICLE 8. DESIGN REVIEW COMMITTEE
8.1 Committee and Guidelines. There is hereby established a Design
Review Committee, which shall be responsible for administration of the Property
use and design restrictions established in this Declaration, and for the
establishment and administration of additional Design Guidelines to facilitate
the purposes and intent of this Declaration if and when the DRC deems any such
additional Design Guidelines to be necessary or appropriate. The DRC may
amend, vary, repeal and augment, and grant variances from, the Design
Guidelines from time to time, in the DRC's sole discretion based on concerns
for good planning and design, the aesthetic, architectural and environmental
harmony of the Development or other factors as necessary or desirable to
fulfill the intent of the Design Guidelines. The Design Guidelines shall be
binding on all Owners and other persons governed by this Declaration.
The Design Guidelines may include, among other things, those restrictions
and limitations set forth below:
8.1.1 Standards establishing and dictating an architectural
theme and requirements pertaining to building style and design, construction
materials and site planning.
14
111111111111111111111111 111111 III lilt
3632641 06/25/2009 03:19P Weld County, CO
15 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Reco;d r
8.1.2 Procedures and fees for making application to the DRC
for design review approval, including the documents to be submitted and the
time limits in which the DRC must act to approve or disapprove any submission.
8.1.3 Time limitations for the completion, within specified
periods after Approval, of the Improvements for which Approval is required
under the Design Guidelines.
8.1.4 Establishing the maximum developable area of a Lot or
setback or view corridor requirements, or specific building envelopes.
8.1.5 Minimum and maximum square foot areas of living space
that may be developed on any Lot.
8.1.6 Limitations on the height of any Dwelling Unit or other
Improvement.
8.1.7 Specifications for the location, dimensions and
appearance or screening of any fences, accessory structures, antennae or other
Improvements.
8.1.8 Landscaping regulations, including limitations and
restrictions prohibiting the removal or requiring the replacement of existing
trees; guidelines encouraging the use of plants indigenous to the locale and
compatible with the design theme for the Development; and other practices
benefiting the protection of the environment, aesthetics and architectural
harmony of the Development.
8.1.9 General instructions for the construction,
reconstruction, refinishing or alteration of any Improvement, including any
plan to excavate, fill or make any other temporary or permanent change in the
natural or existing surface contour or drainage or any installation of utility
lines or conduits upon a Lot, addressing matters such as loading areas, waste
storage, trash removal, equipment and materials storage, grading, transformers
and meters.
8.1.10Design, construction, installation and maintenance of private
driveways.
8.2 DRC Membership and Organization. The DRC shall be composed of
three (3) individuals and need not include any Lot Owners. Declarant hereby
appoints and designates Mark A. Kross, Burton C. Kross and T. Russell McCahan
to serve as the initial DRC. In the event there is not at least one (1) design
professional on the DRC, the DRC may, as needed from time to time, retain the
services of a design professional for assistance in the discharge of its duties
the cost of which shall be borne by the Lot Owner. All members of the DRC
shall be appointed, removed and replaced by the Declarant, in its sole
discretion, until the Declarant waives this right by notice to the Owners
recorded in the office of the Clerk and Recorder of Weld County, Colorado. At
that time, unless the Declarant has appointed its successors by designating
same in the written notice, the Association, acting through its Board of
Directors, shall thereafter, from time to time have the right to appoint,
remove and/or replace members of the DRC by duly recorded written instrument
specifying the members of the DRC.
8.3 Purpose and General Authority. The DRC shall review, study and
either approve or reject proposed Improvements on the Property, all in
compliance with this Declaration and as further set forth in any Design
Guidelines as the DRC may establish from time to time to govern its
proceedings. No Improvement shall be erected, placed, reconstructed, replaced,
repaired or otherwise altered, nor shall any construction, repair or
reconstruction be commenced until plans for the Improvements shall have been
approved by the DRC; provided, however, that Improvements that are completely
within the interior of a building may be undertaken without such Approval. All
Improvements shall be constructed only in accordance with approved plans.
15
11111111111111111 lid III! IIII 1111111 III 111111 III IIII
3632641 06/25/20(19 03:19P Weld County, CO
16 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Record,r
The Design Review Committee shall approve plans and specifications
submitted to it only if it determines that the construction, alteration, and
additions contemplated thereby, and in the location as indicated, will comply
with this Declaration; will serve to preserve and enhance the value of the Lots
' within the Development; will be consistent with the spirit pirit and intent of this
Declaration; and will maintain a harmonious relationship among structures and
topography within the Development. The Design Review Committee shall consider
the quality of workmanship, type of materials, and harmony of exterior design
with other Dwelling Units located within the Development. Should the Design
Review Committee fail to approve or disapprove the plans and specifications
submitted to it by an Owner of a Lot within thirty (30) days after complete
submission of all required documents, the plans shall be resubmitted to the
Design Review Committee by certified mail, return receipt requested, with a
copy to the Declarant, by certified mail, return receipt requested, and, in the
event that the Design Review Committee fails to approve or disapprove any plans
and specifications as herein provided within fifteen (15) days after such
resubmission to the Design Review Committee and the Declarant by certified
mail, the same shall be deemed to have been approved, as submitted, and no
further action shall be required, provided, however, that no building or other
structure shall be erected or allowed to remain on any Lot which violates or is
inconsistent with any of the covenants or restrictions contained in this
Declaration. The issuance of a building permit or license for the construction
of improvements inconsistent with this Declaration shall not prevent the
Association or any Owner from enforcing the provisions of this Declaration.
8.3.1 DRC Discretion. The DRC shall exercise its good faith
judgment to see that all Improvements conform to this Declaration and any
Design Guidelines, and conform and harmonize with any existing structures, as
to external design, quality and type of construction, materials, color,
location on the Lot, height, grade and finished ground elevation, and the
schemes and aesthetic considerations set forth in this Declaration and any
Design Guidelines. The DRC, in its sole discretion based on concerns for good
planning and design, the aesthetic, architectural and environmental interests
of the Development, or other factors as necessary or desirable to fulfill the
intent of this Declaration or any Design Guidelines, may excuse compliance with
such requirements in specific situations and may permit compliance with
different or alternative requirements.
8.3.2 Binding Effect. The actions of the DRC in the exercise
of its discretion by its approval or disapproval of plans and other information
submitted to it, or with respect to any other matter before it, shall be
conclusive and binding on all interested parties.
8.4 Organization and Operation of DRC.
8.4.1 Chairman. So long as the Declarant appoints the DRC,
the Declarant shall appoint the chairman. At such time as the DRC is appointed
by the Board of Directors, the chairman shall be elected annually from among
the members of the DRC by a majority vote of such members. In the absence of a
chairman, the party responsible for appointing or electing the chairman may
appoint or elect a successor, or if the absence is temporary, an interim
chairman.
8.4.2 Operations. The DRC chairman shall take charge of and
conduct all meetings and shall provide for reasonable notice to each member of
the DRC prior to any meeting. The notice shall set forth the time and place of
the meeting, and notice may be waived by any member.
8.4 .3 Voting. The affirmative vote of two (2) or more
members of the DRC shall govern its actions and be the act of the DRC.
8.4.4 Expert Consultation. The DRC may avail itself of other
technical and professional advice and consultants as it deems appropriate, and
the DRC may delegate its plan review responsibilities, except final review and
16
11111 11111 111111 311 IIII MI 1111111 III 11111 III IIII
3632641 06/25/2009 03:19P Weld County, CO
17 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Reco,de'
approval, to one (1) or more of its members or to consultants retained by the
DRC. Upon that delegation, the approval or disapproval of plans and
specifications by such member or consultant shall be equivalent to approval or
disapproval by the entire DRC.
8.5 Expenses. The DRC shall have the right to charge a fee for each
application submitted to it for review, in an amount which may be established
by the DRC from time to time, and such fees shall be collected by the DRC
defray and reimburse all expenses of the DRC's operation (including, without
limitation, the cost of retaining any technical or professional advice or
consultation deemed necessary or appropriate by the DRC) .
8. 6 Submission. Each application for Approval shall include such
documentation as may be required by the DRC or as set forth in any Design
Guidelines.
8.7 Other Requirements. Compliance with the design review process of
the Development is not a substitute for compliance with the applicable
building, zoning and subdivision regulations, and each Owner is responsible for
obtaining all Approvals, licenses, and permits as may be required prior to
commencing construction of Improvements.
Further, the establishment of the DRC and procedures for architectural
review shall not be construed as changing any rights or restrictions upon
Owners to maintain and repair their Lots and Improvements as otherwise required
under the Documents.
8.8 Limitation of Liability. The DRC shall use reasonable judgment in
accepting or disapproving all plans and specifications submitted to it.
Neither the DRC nor any individual DRC member shall be liable to any person for
any official act of the DRC in connection with submitted plans and
specifications, except to the extent the DRC or any individual DRC member acted
with malice or wrongful intent. Approval by the DRC does not necessarily
assure approval by the appropriate governmental board or commission for the
County of Weld. Notwithstanding that the DRC has approved plans and
specifications, neither the DRC nor any of its members shall be responsible or
liable to any Owner, developer or contractor with respect to any loss,
liability, claim or expense which may arise by reason of such Approval of the
construction of the Improvements. Neither the DRC, nor any agent thereof, nor
the Declarant, nor any of its employees, agents or consultants shall be
responsible in any way for any defects in any plans or specifications
submitted, revised or approved in accordance with the provisions of this
Declaration, nor for any structural or other defects in any work done according
to such plans and specifications. In all events the DRC shall be defended and
indemnified by the Association in any such suit or proceeding, which may arise
by reason of the DRC's decision. The Association, however, shall not be
obligated to indemnify a member of the DRC to the extent any such member of the
DRC is adjudged to be liable for negligence or misconduct in the performance of
his or her duty as a member of the DRC, unless and then only to the extent that
the court in which such action or suit may be brought determines upon
application that, despite the adjudication of liability but in view of all
circumstances of the case, such person is fairly and reasonably entitled to
indemnification for such expense as such court shall deem proper.
8.9 Enforcement.
8.9.1 Inspection. Any member or authorized consultant of the
DRC may enter upon any Lot at any reasonable time after notice to the Owner,
without being deemed guilty of trespass, in order to inspect Improvements
constructed or under construction on the Lot to determine whether the
Improvements have been or are being built in compliance with this Declaration
and the plans and specifications approved by the Design Review Committee.
8.9.2 Certificate of Compliance. Upon payment of a
reasonable fee established from time to time by the DRC, and upon written
17
IIIIIII 11111 X11111111111 ���� 111101111110111111111 IAI!
3632641 06125/20(19 03:19P Weld County, CO
18 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Record r
request of any Owner or his or her agent, an existing or prospective lender, or
a prospective grantee, the DRC shall issue an acknowledged certificate, in
recordable form, setting forth generally whether, to the best of the DRC's
knowledge, the Improvements on a particular Lot are in compliance with the
terms and conditions of this Declaration.
8.9.3 Deemed Nuisances. Every violation of this Declaration
is hereby declared to be and to constitute a nuisance, and every public or
private remedy allowed for such violation by law or equity against a Lot Owner
shall be applicable. Without limiting the generality of the foregoing, this
Declaration may be enforced as provided below.
(i) Fines for Violations. The Association or the
DRC may adopt a schedule of fines for failure to abide by this Declaration and
any Design Guidelines, including fines for failure to obtain any required
approval from the DRC.
(ii) Removal of Nonconforming Improvements with Court
Order. The DRC, the Association, or any Lot Owner, and after first obtaining a
court order from a Colorado court having jurisdiction thereof, may enter upon
any Lot and remove any Improvement constructed, reconstructed, refinished,
altered or maintained in violation of this Declaration. The Owner of the
Improvement shall immediately reimburse the appropriate parties for all
expenses incurred in connection with such removal. If the Owner fails to
reimburse the appropriate parties within thirty (30) days after receipt of
notice of the expenses, the sum so owed shall bear interest at the rate of
eighteen percent (18%) per annum from the date of the advance through the date
of reimbursement in full, and all such sums and interest shall be a lien on the
defaulting Owner's Lot, and shall also be enforceable as provided in this
Declaration.
8.10 Continuity of Construction. All Improvements commenced on the
Property shall be prosecuted diligently to completion and shall be completed
within twelve (12) months after commencement, unless an exception is granted in
writing by the DRC. If any Improvement is commenced and construction is then
abandoned for more than ninety (90) days, or if construction is not completed
within the required twelve (12) month period, then after notice and opportunity
for hearing as provided in the Bylaws, the Association may impose a fine of not
more than One Thousand Dollars ($1,000.00) per day (or such other reasonable
amount as the Association may set) to be charged against the Owner of the Lot
until construction is resumed, or the Improvement is completed, as applicable,
unless the Owner can prove to the satisfaction of the Board of Directors that
such abandonment is for circumstances beyond the Owner's control. Such charges
shall be an Individual Assessment and lien as provided in this Declaration.
ARTICLE 9. PROPERTY USE RESTRICTIONS
9.1 General Restriction. The Property shall be used only for the
purposes set forth in this Declaration, as permitted by the applicable
ordinances of the County of Weld, and shall be subject to the Right to Farm
elements found in Appendix 22-E of Weld County Code, and the laws of the State
of Colorado and the United States, and as set forth in this Declaration or
other specific recorded covenants affecting all or any part of the Property.
9.2 Building Type/Size and Use Restrictions. Each Lot may be used only
for residential purposes and developed by construction of a Dwelling Unit,
together with accessory structures, including, but not limited to, barns,
corrals or similar structures which are incidental to a residential use and
which is subordinate to the Dwelling Unit constructed upon a Lot.
Notwithstanding the foregoing, in the event a Lot Owner owns two (2) or more
adjacent Lots, then, in such event, one (1) Lot may be used for residential
purposes by constructing a Dwelling Unit with the other Lot (s) being used for
incidental structures, such as barns, outbuildings, corrals, indoor arenas or
other similar structures approved by the Design Review Committee. Except as set
forth in Section 9.18, no business or commercial enterprise or other non-
residential use may be conducted on any part of a Lot and no business or
18
1111111 11111111111111111 IIM liII 1111111 III 111111 III IIII
3632641 06/25/2009 03:19P Weld County, CO
19 of 37 R 186.00 D 0.00 Steve Moreno Clerk& Receidar
commercial building may be erected on any Lot. Each Dwelling Unit shall
include an attached or detached garage accommodating at least two (2) motor
vehicles. Any garage, whether attached or detached, shall be of a design,
appearance and materials similar to or compatible with the principal Dwelling
Unit.
No Dwelling Unit or other building or structure shall be erected, altered
or permitted to remain on the Lot unless the square footage of the first floor
footprint of the Dwelling Unit, (basement, walk-out, or garden level is not
considered the first floor, and open porches and garages are not included in
the footprint determination) , is not less than fifteen hundred (1,500) square
feet for a multi-level building or is not less than two thousand (2, 000) square
feet for a single-level building. No Dwelling Unit or other building or
structure shall be erected, altered or permitted to remain on the Property if
the height thereof, as measured in accordance with the standards of any
governmental authority exercising jurisdiction over the Lot, exceeds thirty-two
feet (32' ) . The Dwelling Unit shall not be of modular or metal design.
Barns, garages and other small sheds and similar structures (defined as
Accessory Structures) , which are well constructed and of neat appearance
(architecturally consistent with the design of the primary Dwelling Unit on the
Lot) shall be permitted, provided the total square foot of all such Accessory
Structures are in compliance with Section 23-3-440 of the Weld County Code and
does not exceed 5,000 square feet. In accordance with Article 8, the DRC may
grant a variance to construct Accessory Structures such as machine sheds,
storage buildings, or hay storage buildings with metal design of a neat
appearance on an appropriate location of the Lot.
9.3 Manufactured Housing/Mobile Homes. No mobile homes or modular
homes shall be permitted on any Lot within the Development. The foregoing
shall not preclude installation of high quality factory manufactured stick
built homes which are placed on a permanent concrete foundation, and which meet
the other architectural and Design Guidelines set forth in this Declaration or
adopted by the Design Review Committee. The Design Review Committee may, in
its sole discretion, based on a determination that the appearance and quality
of construction of a proposed structure is such that it not detract from the
appearance or value of the remaining Lots, allow such factory, manufactured
stick built homes, or other precast or pre-engineered building components
within a structure assembled on a Lot, provided that such approval is obtained
in writing prior to construction.
9.4 Architectural Requirements.
(a) Materials. All Dwelling Units constructed within the
Development shall be of materials consistent with the rural, high plains nature
of the Development, such as natural, stained or earth tone plank/wood siding,
masonite siding, stucco, brick or stone. High quality vinyl, aluminum or other
metal siding may be allowed in the discretion of the DRC. As a general design
goal, 50% of the Dwelling Unit's front facade shall be brick or stone. All
materials used on the front elevation shall also be incorporated on all four-
sides of any Building or other Improvement. Reflective roof materials and
similar materials inconsistent with the character of the Development are
prohibited.
(b) Color. All Dwelling Units and other structures constructed
on any Lot shall be stained or painted such natural colors as shall be
authorized and approved in writing by the DRC. Bright colors shall not be
permitted as the primary color of any Dwelling Unit and outbuildings. It is
the intent of these restrictions that colors of Dwelling Units and other
structures within the Development shall be such as to minimize the visual
impacts and to otherwise be compatible with the rural, high plains nature of
the Development.
9.5 Outbuildings. Any outbuildings (including, without limitation,
corrals, barns or other structures as contemplated by Sections 9.2) shall be
similar in design, appearance and color to the Dwelling Unit located on such
Lot.
19
111111 IIIII 111111111111 Ill 11111111111 III 1E1111111111
1111
3632641 06/25/2009 03:19P Weld County, CO
20 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
9.6 Temporary Structures. No structures of a temporary character,
including, by example and not limitation, trailers, mobile homes, converted
trailers, recreational vehicles, campers or tents shall be used on any Lot. No
• temporary structures shall be permitted except as may be determined to be
necessary during construction and as specifically authorized by the Design
Review Committee and the Weld County Department of Planning and Building
Inspection.
9.7 Fences. While fencing of any Lot shall not be required (other than
in connection with the placement of animals on Owner's Lot as addressed in
Section 9.19) any fences installed on the exterior boundary of a Lot shall be
installed in a workmanlike manner and shall consist of new materials. Any
fences constructed within the interior of a Lot shall also be installed in a
workmanlike manner and shall consist of new materials and colors compatible
with the other Improvements located on the Lot. No fencing shall interfere
with the Access Easement. Any such fencing shall, in any event, be subject to
approval by the DRC.
9.8 Motorized Vehicles and Trailers. No trailers, motor homes, camper
units, boats, recreational vehicles, snowmobiles, all-terrain vehicles, horse
trailers, machines, trucks, commercial vehicles, or inoperative vehicles shall
be stored, parked or permitted to remain upon the Property except within fully
enclosed garages or if reasonably screened from view of the other Lots.
Commercial vehicles engaged in the delivery or pick up of goods or services
shall be exempt from the provisions of this Section, provided that they do not
remain within the Property in excess of a reasonable period of time required to
perform such commercial functions. For purposes of this Section, a three-
fourths (3/4) ton or smaller vehicle, commonly known as a "pick-up truck, "
shall not be deemed a "truck" or "commercial vehicle. " In addition, for
purposes of this Section, any disassembled or partially disassembled automobile
or other vehicle or any automobile or other vehicle which is not capable of
moving under its own propulsion for more than seventy-two (72) consecutive
hours shall be deemed an inoperative vehicle subject to the terms of Section
9.12.
9.9 No Excavation. No excavation shall be made except in connection
with Improvements approved as provided in this Declaration. For purposes of
this Section, "excavation" means any disturbance of the surface of the land,
which results in a removal of earth, rock, or other substance a depth of more
than twelve (12) inches below the natural surface of the land.
9.10 Signs and Advertising. All signs, with the exception of the
entrance sign, must adhere to requirements and regulations of Article IV,
Division 2, Estate Zoning of the Weld County Code. In addition the following
provisions shall apply to the extent that these provisions are as restrictive
or more restrictive than applicable Weld County Codes: no sign of any character
shall be displayed or placed upon any Lot, except signs meeting the following
requirements: (i) one (1) sign per Lot of not more than six (6) square feet in
total area (per side) advertising a Lot for sale shall be permitted on each
Lot; (ii) the Declarant shall have the right to place a permanent sign adjacent
to any public road or the Access Easement identifying the Development; (iii)
until such time as the Declarant is no longer the Owner of a Lot within the
Property, the Declarant or its agents shall have the right to place one (1) or
more signs on the Property, without limitation as to size, offering the Lots
within the Property for sale; (iv) additional signs may be permitted if
approved by the DRC.
9.11 Trash. No trash, ashes, building materials, firewood or other
unsightly items should be thrown, dumped or stored on any land or area within
the Development. Rubbish, refuse, garbage, and other solid, semi-solid and
liquid waste shall be kept within sealed containers, shall not be allowed to
accumulate on any Lot, and shall be disposed of in a sanitary manner. No Lot
shall be used or maintained as a dumping ground for any materials, provided
that the foregoing shall not prohibit a properly maintained compost pile from
20
I 111111 IIIII 111111111111111111111111111 III IIIIII1 II IIII
3632641 06/25/2009 03:19P Weld County, CO
21 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Decor°,r
being located upon a Lot. All trash containers shall be kept in a neat, clean
and sanitary condition and shall be stored inside a garage or other approved
structure. No trash, litter or junk shall be permitted to remain exposed upon
any Lot and visible from adjacent public roads or other Lots. There shall be
no burning or other disposal of refuse out of doors. No lumber or other
building materials shall be stored or permitted to remain on any Lot unless
screened from view from other Lots and public roads except for reasonable
storage during construction.
In order to minimize damage to the common roads, the Association, acting
through its Board of Directors, shall have the right to require trash
collection from Lots be performed by only one (1) company and that the trash
shall be collected from all Lots by such trash company on the same day of each
week. The Board of Directors shall select the trash collection company based
upon competitive bids. The costs of removal of trash and debris from an
Owner's Lot shall be paid by each Owner directly to the trash collection
company and the Association shall not have the duty to assess the costs of
trash collection as a Common Expense. No Owner shall be deemed prohibited from
personally disposing of trash from his or her Lot.
This Section 9. 11 shall not apply to any contractor during the
construction of a Dwelling Unit or other Improvements within Lots. The
contractor may dispose of trash, rubbish, debris and other construction
material from a Lot either personally or by contracting with a trash collection
company. The trash collection company may remove trash, rubbish, debris and
other construction materials from a Lot during the construction of the Dwelling
Unit as often as the contractor deems appropriate or as required by the Design
Review Committee. However, all trash to be removed from the Development,
including trash removed during the period of construction, shall be subject to
such Rules and Regulations as shall be established from time to time by the
Association for the purpose of minimizing damage to the Common Roads.
9.12 Abandoned or Inoperable Vehicles. No abandoned or inoperable
vehicles of any kind shall be stored or parked on any portion of the Property,
except as provided below. "Abandoned or inoperable vehicle" is defined as any
vehicle, which has not been driven under its own propulsion for a period of
seventy-two (72) hours or longer; provided, however, this shall not include
vehicles parked by Owner in an approved location while on vacation or residing
away from the Property. A written notice describing the "abandoned or
inoperable vehicle" and requesting its removal may be personally served upon
the Owner or posted on the unused vehicle. If such vehicle has not been
removed within seventy-two (72) hours after notice has been given, the
Association or any Owner of a Lot shall have the right to remove the vehicle
without liability. All unsightly or oversized vehicles, recreational vehicles,
snow removal equipment, garden maintenance equipment, and all other oversized
or unsightly equipment, machinery or vehicles may not be parked or stored on
the Restricted Property except within a residential garage or Accessory
Structure or reasonably screened from view. "Oversized" vehicles, for purposes
of this Section, shall be vehicles, including recreational vehicles, which are
too high to clear the entrance to a customary residential garage.
9.13 Antennas and Satellite Dishes. All external radio antennas,
television antennas, satellite dishes or other external signal receiving
devices shall be installed or erected in such a manner and with appropriate
screening, with unobtrusive placement, plantings, painting and other measures
to ensure that the aesthetics of the Development are protected, to protect the
views from other Lots, and to ensure the safety of the installation of any such
devices. In no event shall any satellite dish in excess of one (1) meter in
diameter be permitted within the Development. The Design Review Committee may
promulgate reasonable rules and regulations to regulate the proposed locations
and require screening or painting to minimize visual intrusion of such devices,
provided that no such rules and regulations shall impair dish or antenna
reception nor result in an unreasonable cost or delay in the installation and
maintenance of a satellite dish or antenna. In no event shall any such
antennas, dishes or other external signal receiving devices be installed on
21
IOU IIIII111111111011111 HI 1111111 X11111
3632641 06/25/2009 03.19P Weld County, CO
22 of 37 R 186.00 0 0.00 Steve Moreno Clerk 8 Recorder
towers, and any such devices shall only be roof-mounted or at other locations
acceptable to the DRC.
9.14 Outside Burning. There shall be no exterior fires, except
barbecues, outside fireplaces and braziers contained within facilities or
receptacles and in areas designated and approved by the Design Review
Committee. Incinerators and incinerator fires are prohibited. No Owner shall
permit any condition upon his or her Lot, which creates a fire hazard or is in
violation of fire prevention regulations.
9.15 Compliance with Laws. Subject to the rights of reasonable contest,
each Owner shall promptly comply with the provisions of all applicable laws,
regulations, ordinances, and other governmental or quasi-governmental
regulations with respect to all or any portion of the Property.
Without limiting the generality of the foregoing, each Owner shall abide
by any wildlife regulations imposed by any agency or authority having
jurisdiction over the Property. No Owner shall dispose of, or allow any person
under the Owner's control or direction to release, discharge or emit from the
Property or dispose of any material on the Property that is designated as
hazardous or toxic under any federal, state or local law, ordinance or
regulation.
9.16 Control of Weeds/Mowing. The Owner of each Lot shall control
Canadian thistle and other noxious weeds upon his or her Lot by mowing or
applying weed control chemicals prior to maturity of the weeds and the
windborne disbursement of seeds therefrom. The Association shall have the
right to establish reasonable rules and regulations from time to time with
respect to cutting or mowing of grasslands on each Lot, which are reasonably
accessible by tractor or other mowing equipment in order to minimize potential
fire hazards to persons and property within the Development. In the event an
Owner fails to mow or cut his or her grass in accordance with any rules and
regulations established by the Association for the purpose of minimizing fire
hazards, the Association may enter upon such Lot and cut and/or mow grasses and
vegetation and the Association shall be liable to the Association for the costs
and expenses incurred in doing so.
9.17 Maintenance of Lots and Improvements. Each Owner shall keep or
cause to be kept all buildings, fences, and other structures located on his or
her Lot in good repair and shall otherwise comply with the Design Guidelines.
The exterior of all Dwelling Units and any and all appurtenant structures
within the Development shall be maintained in good, attractive condition by the
Owners thereof. All Dwelling Units and appurtenant structures shall be
repainted or restained periodically as needed. The Association may require an
Owner to paint or stain a Dwelling Unit and appurtenant structures, and upon
such Owner' s failure to do so, the Association may cause such action to be
taken, and may assess such Owner for the costs incurred thereby. If any Owner
fails to maintain the exterior surfaces in accordance with the foregoing
requirements, the Association may give the Owner written notice to perform such
work within not less than fifteen (15) days, and if the Owner fails to perform
such work within that time, the Association may have such work done at the
expense of the Owner. If the work is done by the Association at the Owner's
expense, the Owner shall pay for such work within three (3) days after notice
is given in writing to the Owner as to the cost of such work. If the Owner
fails to pay within that time and if the Association thereafter incurs
reasonable attorneys' fees and costs in collecting such amount from the Owner,
all such attorneys' fees and costs incurred shall likewise be a debt owing by
the Owner to the Association.
Prior to the start of construction of a Dwelling Unit on each Lot, the
Association shall have the right to plant and maintain grass on it;
periodically mow such grass and other vegetation; remove any trash or other
debris; and remove snow from any sidewalk on the Lot. The Association may
charge reasonable fees to the Owners of such vacant Lots, for such services.
Such services shall be deemed rendered solely to the Owners of each such vacant
22
ISM' 11111111111 DIM' 'Milli' IIIIIII III Hill III!
3632641 06/25/2009 03:19P Weld County, CO
23 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
Lot and charged to such Owners accordingly. The service charges shall be based
upon actual costs incurred by the Association to perform the services, as well
as an administrative fee; such service charges need not be identical for the
Lots. Such service charge shall be due upon billing by the Association and
payable within fifteen (15) days of such billing. The Owner shall be liable
for reasonable attorneys' fees and costs incurred by the Association in
collecting such service charge.
9.18 Home Occupations. In addition to any restrictions imposed upon
Owners of Lots by Section 23-1-90 of the Weld County Code, with regard to home
occupations or businesses, no Owner shall conduct any home occupation or
business activity upon the Property unless it complies with the following
requirements, which are intended to be as restrictive or more restrictive than
applicable Weld County Codes:
(a) Such home occupation shall be conducted only within the
interior of the Dwelling Unit or Accessory Structures, provided that incidental
activities associated with such Home Occupation may be conducted outdoors,
within 50 feet of these structures.
(b) The home occupation shall be conducted only by residents or
Owners of a Dwelling Unit and no more than five (5) non-residents shall be
employed in connection with the home occupation carried on in the Dwelling
Unit.
(c) The conduct of such home occupation must be permitted under
the Zoning Regulations of Weld County, Colorado.
(d) Not more than sixteen (16) additional vehicular trips shall
be allowed each day on the Property for deliveries or pick ups in connection
with any such trade or business, including deliveries or pick ups by commercial
delivery services, such as Federal Express or United Parcel Service.
(e) The activity is consistent with the residential character of
the Property and does not constitute a nuisance, a hazardous or offensive use
or threat to the safety or security of any owners or occupants of the
Benefitted Property.
(f) Selling of vegetables, flowers (including seeds, tubers,
bulbs, etc. ) , animal and avian produce, and other products grown or produced on
the Property shall be permitted as a Home Occupation, provided that such
produce and products may be produced and sold outdoors on the Property,
notwithstanding the provisions of subparagraph (a) , above.
(g) Pursuant to Article 9.10, signs advertising the Home
Occupation are not permitted on the Lot.
9.19 Animals. In addition to any restrictions imposed upon Owners of
Lots by Section 23-1-90 of the Weld County Code and Section 23-3-440.H of the
Weld County Code for Estate Zoning, with regard to animals allowed, the Owner
or tenant of the Lot may keep animals upon the Lot for recreational purposes
and for use by the immediate family of such Owner or tenant, subject to the
following restrictions and limitations to the extent that these provisions are
as restrictive or more restrictive than applicable Weld County Codes:
(a) Household pets, such as dogs and cats, shall be permitted on
the Lot, provided that said pets shall remain under the control of their owner
at all times by voice control or physical restraint and shall not be allowed to
chase domestic animals, livestock or wildlife. Household pets may not be kept,
bred or maintained on the Lot for commercial purposes. No more than four (4)
adult dogs, six adult (6) cats, and three (3) other household pets shall be
allowed. Any offspring of a dog or cat over four (4) months of age shall be
considered an adult.
(b) Any Person owning, keeping or possessing a dog upon the Lot
23
111111111111111111111111 IIII IIII 1111111 III 1111111111111
3632641 06/25/2009 03:19P Weld County, CO
24 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
shall not permit his or her dog to bark and/or howl continuously for a period
in excess of ten (10) minutes between the hours of 10:00 p.m. and 6:00 a.m. , or
for a period in excess of twenty (20) minutes between the hours of 6:00 a.m.
and 10:00 p.m., if such barking or howling is audible at the boundary of the
Lot.
(c) All permitted animals shall be cared for in a humane and
husbandlike manner.
(d) The Lot shall be maintained in a clean and sanitary condition
at all times.
(f) Aside from dogs, cats and indoor household pets, the number
of animals allowed on the Lot shall be subject to the schedule set forth below,
and the Lot will not have in excess of a half (0.5) "Animal Units" per acre of
Lot size (calculated based on Gross lot size, and rounded to the nearest 0.5
animal unit; i.e., a lot of 4.68 acres would be allowed 2.5 animal units) ,
provided that in the event that the calculation of Animal Units pursuant to any
applicable Weld County regulations is different, the stricter calculation shall
apply:
The indicated animal type shall have the equivalent "Animal Units" as set
forth below:
Type of Animal Animal Units
Swine or Pig 2.50
Dairy Cow 2.00
Bull, less than one year old .50
Non-dairy cow, one year old or more 1.00
Non-dairy cow, less than one year old .50
Horse, one year or older .50
Horse, less than one year old .50
Individual sheep, older than one year 1.00
Individual sheep, less than one year old .50
Individual goat, older than one year 1.00
Individual goat, less than one year old .50
Llama (or Alpaca) 1.00
Domestic Fowl .05
(not including peacocks, emus or ostrich)
Game birds, for release or breeding .01
For example, if the Lot contains 9.05 acres of land resulting in a total
of four and a half (4.5) Animal Units allowed; the maximum number of Horses
(one year or older) allowed would be 9 Horses, with no other listed Animals
permitted. Another example for the same 9.05-acre Lot with multiple animals
could allow the following: 5 Adult Horses, 1 Non-dairy cow one year or older;
and 20 Domestic Fowl. Any combination of listed Animals that do not exceed the
total allowed Animal Units as calculated above are permitted at any moment in
time.
(g) Notwithstanding the above Animal Unit calculation, the Lot
shall not be over grazed at any time. Dust originating from an over grazed
pasture or corral shall be considered as nuisance subject to the restrictions
of Article 9.23.
(h) Dangerous Animals, such as but not limited to, pit bull and
rottweiler dogs, venomous or constricting snakes, or exotic animals, shall not
be allowed on the Restricted Property at any time.
(i) All agriculture activities (including the raising of any
livestock or produce or crops of any nature permitted herein) must be
incidental to the primary residential land use of the Lot, and shall not be of
a commercial nature, except (a) sale of off spring of allowed animals as
defined in Article 9.19, (b) activities defined in Article 9.18 (f) , and sale
of excess hay or grain raised on the Lot shall not be considered a commercial
nature. Any animal pens, stalls, cages, corrals or other enclosures shall be
maintained on a regular basis to ensure a neat and orderly appearance and a
24
1 11111111111III1111111111111
3632641 06/25/2009 03:19P Weld County, CO
25 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
clean and healthy atmosphere. Appropriate measures to mitigate offensive
odors, noise or dust in maintaining equine or other animals upon the Lot shall
be undertaken by the Owner. All animals shall be maintained in proper animal
enclosures or corrals, and will not be allowed to roam or graze at large
outside the confines of the Lot. Hay, straw, and bedding materials must be
neatly stacked if stored outdoors. If covered, the tarp material must be of
solid color without lettering or designs in standard colors (i.e., blue, black,
silver, but not bright orange) .
(j) Pet runs or other fenced-in areas for the containment of dogs
or other pets shall be permitted upon a Lot only with the prior written
Approval of the Design Review Committee. In considering whether to approve any
such pet run or other fenced-in areas, the Design Review Committee shall
consider the location, size, concealment, proximity to surrounding structures
and adjacent Lots, proposed building materials, aesthetic appeal and harmony of
exterior design in relation to surrounding structures.
(k) The DRC may, in its discretion, after considering the number
and type of animals to be kept within a Lot, grant a variance or place
additional restrictions on animals and agricultural practices.
9.20 Landscaping. Commencing as to each Lot when a certificate of
occupancy has been issued for a Dwelling Unit on such Lot, the landscaping on
each Lot shall be maintained by the Owner subject, however, to the right of the
Association to perform any maintenance deemed necessary or desirable to
maintain the high standards established for the Development, and to assess such
Owner for such required maintenance. If any Owner fails to maintain
landscaping on such Owner's Lot in accordance with such requirements, the
Association may give the Owner written notice to perform necessary maintenance
within not less than fifteen (15) days, and if the Owner fails to perform such
maintenance work within that time, the Association may have such work done at
the expense of the Owner of the Lot. If the work is done by the Association at
the Owner's expense, the Owner shall pay for the such work within three (3)
days after notice is given in writing to the Owner as to the cost of such work.
If the Owner fails to pay within said time and the Association thereafter
incurs reasonable attorneys' fees and costs incurred shall likewise be a debt
owing by the Owner to the Association.
In order to maintain Weld County required septic system envelope
protection, activities such as landscaping (i.e. , planting of trees and
shrubs) and construction (i.e. , accessory structures, dirt mounds, etc. ) are
expressly prohibited in the designated absorption field site.
No living tree may be removed except pursuant to a landscaping plan
approved by the DRC or otherwise with the approval of said DRC. Said
prohibition extends to naturally existing trees, shrubs and bushes and to
trees, shrubs and bushes planted by Owners. No grading or other soil or
earthwork shall be performed on a Lot until plans for placing improvements on
such Lot have been properly approved by the DRC, and then only to the extent
contemplated by such approved plan. After completion of such set of
improvements on a Lot, the ground shall be restored, as nearly as possible, to
its original contours and appearance. Contour changes of more than one foot
from existing grades shall require the approval of the DRC. The natural
groundcover of a Lot shall not be disturbed unless approved by the DRC.
9.21 No Resubdivision. Under no circumstances may any Lot be further
divided, subdivided or resubdivided. However, nothing contained herein shall
be construed to prevent an Owner from combining two (2) or more contiguous Lots
and building only one (1) Dwelling Unit on one (1) of such Lots upon complying
with all applicable requirements of Weld County and with all applicable Design
Guidelines, including, but not limited to, any requirements in connection with
adjustments to (i) accommodate a larger Dwelling Unit on a Lot; (ii) modify
minimum and maximum areas of living area that may be constructed and
(iii) undertake measures necessary to preserve any easements reserved with
respect to the contiguous Lots. In the event two (2) or more contiguous Lots
25
111111IIIII1111111111111111IIII1111111III111111I II IIII
3632641 06/25/2009 03:1913 Weld County, CO
26 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Records•
are owned by one (1) Owner and developed with only one (1) Dwelling Unit, such
action shall not affect the number of votes or Assessments allocated to such
Lots. In the event the Owner of such contiguous Lots is required by Weld County
or any other governmental authority or by the holder of a First Security
Interest to plat the Lots in order to construct Improvements on them, the
obligation for Assessments, voting rights and Allocated Interests set forth
herein for the Lots shall remain the same as existed immediately prior to such
platting.
9.22 Disturbing the Peace. No Person shall disturb, tend to disturb, or
aid in disturbing the peace of others by violent, tumultuous, offensive,
disorderly, or obstreperous conduct, and no Owner shall knowingly permit such
conduct upon any Lot owned by such Owner.
9.23 Noise/Nuisance. No exterior horns, whistles, bells or other sound
devices, except security devices used exclusively to protect the security of
the Property or Improvements, shall be placed or used on any portion of the
Property. No obnoxious or offensive activity shall be carried on within the
Property, nor shall anything be done or permitted which shall constitute a
public nuisance. No noise or other nuisance shall be permitted to exist or
operate upon the Property so as to be offensive or detrimental to any other
part of the Property or its occupants. No activity, which creates a foul or
unpleasant odor as determined by the DRC shall be permitted on any Lot.
Except as defined in the Surface Use Agreement dated June 30, 2004,
between Twin View Estates, LLC and Magpie Operating, Inc, 2707 South County
Road 11, Loveland, Colorado, recorded at Reception No. 3293024, no oil
drilling, oil development operations, oil refinery, quarrying or mining
operations of any kind shall be permitted upon or in the Property, nor shall
oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or
in the Property. Except as defined in such Surface Use Agreement, no derricks
or other structures designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon the Property.
9.24 Lighting. In addition to any restrictions imposed upon Owners of
Lots by Section 23-3-440 of the Weld County Code, with regard to outdoor
lighting; all exterior lighting less than 250 watts of power mounted on the
Dwelling Unit or Accessory Structures on the Lot shall not be subject to
approval by Association (or their representative) . Any exterior lights or
lights directed at the outdoors in excess of 250 watts of power located
anywhere on the Lot shall be subject to approval by the Association (or their
representative, except that one (1) yard floodlight mounted on a pole not to
exceed 20 feet shall be permitted on the Lot for each 5 acres of total lot
size. Lights for recreational areas (i.e. , arenas; corrals; basketball, tennis,
or volleyball courts; and skating rinks) , which are in compliance with the
above conditions of Article 9.24, shall be turned off from 11:00 p.m. until
dawn.
9.25 General Practices Prohibited. The following practices are
prohibited within the Development:
9.25.1 Removing any rock, plant material, top soil or similar
items from any property of others;
9.25.2 Careless disposition of cigarettes and other flammable
materials; or
9.25.3 Violation of any state, federal, or local law,
ordinance, rule or regulation.
9.26 Leasing. The Owner of a Lot shall have the right to lease his or
her Lot, subject to the following conditions:
9.26.1 All leases shall be in writing and shall be for a term
of not less than thirty (30) days.
26
111111 IIIII 111111111111 IIII IIII IIIIII1 III IIIIII1 II 1111
3632641 06/25/2009 03:19P Weld County, CC
27 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Record3r
9.26.2 Any lease shall be for the entire Dwelling Unit and related
Improvements.
• 9.26.3 The lease shall be specifically subject to this Declaration,
and any failure of a tenant to comply with this Declaration shall be a default
under the lease.
9.26.4 The Owner shall be liable for any violation of this
Declaration committed by the Owner's tenant, without prejudice to the Owner's
right to collect any sums paid by the Owner on behalf of the tenant.
9.27 Enforcement. The Association, or the Design Review Committee, or
any Lot Owner, may take such action, as it deems advisable to enforce this
Declaration as provided herein. In addition, the Association and the Design
Review Committee shall have a right of entry on any part of the Property for
the purposes of enforcing this Article, and any costs incurred by the
Association or the Design Review Committee in connection with such enforcement
which remain unpaid thirty (30) days after notice of the cost has been given to
the Owner shall be subject to interest at the rate of eighteen percent (18%)
per annum from the date of the advance through the date of payment in full by
the Owner, and shall constitute a lien against such Owner's Lot.
9.28 Zoning Regulation. No Lot shall be occupied or used by or for any
structure or purpose which is in violation of the building codes, zoning
resolutions, subdivision regulations or other governmental rules and
regulations applicable to the Development, including the zoning regulations of
Weld County, Colorado. Such governmental restrictions on the use and
construction and erection of Improvements upon the Property may be more
restrictive than those set forth in this Declaration and the Declarant makes no
representation that Approval of any use or structure by the Design Review
Committee shall be deemed approved by the appropriate governmental entity.
ARTICLE 10. INSURANCE AND FIDELITY BONDS
10.1 Authority to Purchase. All insurance policies relating to the
Common Elements shall be purchased by the Association or its duly authorized
agent. The Board of Directors, any manager and the Declarant shall not be
liable for failure to obtain any coverage required by this Article 10 or for
any loss or damage resulting from such failure if such failure is due to the
unavailability of such coverage from reputable insurance companies, or if such
coverage is available only at demonstrably unreasonable costs. Notwithstanding
the foregoing, if the insurance described in Sections 10.3 and 10.4, below, is
not reasonably available, or if any policy of such insurance is cancelled or
not renewed without a replacement policy having been obtained, the Association
promptly shall cause notice of that fact to be hand delivered or otherwise
delivered to all Owners.
10.2 General Insurance Provisions. All such insurance coverage obtained
by the Board of Directors shall conform to, the following provisions:
10.2.1 As long as the Declarant owns any Lot, the Declarant
shall be protected by all such policies in the same manner as any other Owner.
The coverage provided to the Declarant under the insurance policies obtained in
compliance with this Article 10 shall not be deemed to protect or be for the
benefit of any general contractor engaged by the Declarant, nor shall such
coverage be deemed to protect the Declarant for (or waive any rights with
respect to) warranty claims against the Declarant in its capacity as the
developer of the Development.
10.2.2 The deductible, if any, on any insurance policy
purchased by the Board of Directors may be treated as a Common Expense payable
from annual Common Expense Assessments or Special Assessments allocable to all
of the Lots or to only some of the Lots, if the claims or damages arise from
the negligence of particular Owners (if the repairs benefit only particular
27
I IOU 111111 IIII IIII 1111111 III WIC I I IIII
3632641 06/25/2009 03:19P Weld County, CO
28 of 37 R 186.00 D 0.00 Steve Moreno Clerk & ResnrIEr
Owners) , or as an item to be paid from working capital reserves established by
the Board of Directors. Except as otherwise set forth in this Article, the
maximum deductible amount shall be the lesser of Ten Thousand Dollars
• ($10, 000.00) or one percent (1%) of the policy face amount.
10.3 Physical Damage Insurance on Common Elements. The Association
shall have the authority to obtain such insurance, if any, as it deems
necessary from time to time for any insurable Improvements owned by the
Association on any Common Elements.
10.4 Liability Insurance. The Association shall obtain a comprehensive
policy of commercial general liability insurance (including bodily injury,
libel, slander, false arrest and invasion of privacy coverage) and property
damage insurance with such limits as the Board of Directors may from time to
time determine, insuring each member of the Board of Directors, the
Association, the Manager, each Owner and the respective employees, agents and
all Persons acting as agents of the Association against any liability to the
public or the Owners (and their guests, invitees, tenants, agents, and
employees) arising in connection with the ownership, operation, maintenance, or
use of the Common Elements and Common Roads within the Development and any
other areas under the control of the Association. The Declarant and its
officers, directors, agents and authorized representatives shall be included as
additional insureds in their capacity as an Owner, officer, director, agent or
authorized representative. The Owners shall be included as additional
insureds, but only for claims and liabilities arising in connection with the
ownership, existence, use or management of the Common Elements.
Such comprehensive policy of public liability insurance shall include the
following:
10.4.1 Coverage for contractual liability, liability for non-
owned and hired automobiles, and, if applicable, host liquor liability,
employer's liability, and such other risks as shall customarily be covered with
respect to developments similar to the Development in construction, location,
and use.
10.4.2 A cross liability endorsement under which the rights of
a named insured under the policy shall not be prejudiced with respect to an
action against another insured.
10.4.3 A "severability of interest" endorsement which shall
preclude the insurer from denying liability coverage to an Owner because of the
negligent acts of the Association or another Owner.
The Board of Directors shall review the coverage limits at least once
every two (2) years, but, generally, the Board of Directors shall carry such
amounts of insurance usually required by private institutional mortgage lenders
on projects similar to the Development, and in no event shall such coverage be
less than One Million Dollars ($1,000, 000.00) for all claims for bodily injury
or property damage arising out of one (1) occurrence. Reasonable amounts of
"umbrella" liability insurance in excess of the primary limits shall also be
obtained in an amount not less than One Million Dollars ($1,000,000.00) .
10.5 Fidelity Insurance. The Association shall be authorized to obtain
and maintain such fidelity insurance, fidelity bonds or similar protection
against dishonest acts on the part of its officers, Directors, trustees, and
employees, and on the part of any others who handle or are responsible for
handling the funds of or administered by the Association, as the Association
deems necessary or appropriate from time to time. In addition, if
responsibility for handling funds is delegated to a Manager, such coverage may
be required of the Manager and its officers, employees, and agents.
10.6 Provisions Common to Physical Damage Insurance, Liability
Insurance, Fidelity Insurance and Flood Insurance. Any insurance coverage
obtained by the Association under the provisions of this Article above shall be
28
I IHII III!! 11111 X11111 liii I'll
3632641 06/25/2009 03:19P Weld County, CO
29 of 37 R 196.00 D 0.00 Steve Moreno Clerk 3 Recorder
subject to the following provisions and limitations:
10.6.1 The named insured under any such policies shall include
the Declarant, until all of the Lots in the Development have been conveyed, and
the Association, as attorney-in-fact for the use and benefit of the Owners, or
the authorized representative of the Association (including any trustee with
whom the Association may enter into an insurance trust agreement, or any
successor trustee, each of which is sometimes referred to in this Declaration
as the "Insurance Trustee") , who shall have exclusive authority to negotiate
losses under such policies.
10.6.2 Each Owner shall be an insured person with respect to
liability arising out of the Owner's interest in the Common Elements or
membership in the Association.
10.6.3 In no event shall the insurance coverage obtained and
maintained pursuant to this Article be brought into contribution with insurance
purchased by the Owners or the holders of their Security Interests.
10.6.4 The policies shall provide that coverage shall not be
prejudiced by (i) any act or neglect of any Owner (including an Owner's family,
tenants, servants, agents, invitees, and guests) when such act or neglect is
not within the control of the Association, or (ii) any act or neglect or
failure of the Association to comply with any warranty or condition with regard
to any portion of the Property over which the Association has no control; or
(iii) conduct of any kind on the part of an Owner (including the Owner's
family, tenants, servants, agents and guests) or any Director, officer,
employer, or manager of the Association, without prior demand to the
Association and a reasonable opportunity to cure the matter.
10.6.5 The policies shall contain the standard mortgagee
clause commonly accepted by private institutional mortgage investors in the
area in which the Property is located, and provide that coverage may not be
cancelled in the middle or at the end of any policy year or other period of
coverage or substantially modified or reduced (including cancellation for
nonpayment of premiums) without at least thirty (30) days' prior written notice
mailed to the Association and to each Owner and holder of a Security Interest
to whom a certificate or memorandum of insurance has been issued, at their
respective last known addresses.
10.6.6 The policies shall contain a waiver by the insurer of
any right to claim by way of subrogation against the Declarant, the Board of
Directors, the Association, the manager, and any Owner and their respective
agents, employees, or tenants, and in the case of Owners, members of their
households, and of any defenses based upon co-insurance.
10.6.7 The policies described in Sections 10.3 and 10.4,
above, shall provide that any "no other insurance" clause shall expressly
exclude individual Owners' policies from its operation so that the physical
damage policy or policies purchased by the Association shall be deemed primary
coverage, and any individual owners' policies shall be deemed excess coverage.
10.7 Personal Liability Insurance of Officers and Directors. To the
extent obtainable at reasonable cost, appropriate officers' and directors'
personal liability insurance shall be obtained by the Association to protect
the officers and Directors from personal liability in relation to their duties
and responsibilities in acting as such officers and Directors on behalf of the
Association.
10.8 Workmen's Compensation Insurance. The Association shall obtain
workmen's compensation or similar insurance with respect to its employees, if
any, in the amounts and forms as may now or hereafter be required by law.
10. 9 Other Insurance. The Association may obtain insurance against such
other risks, of a similar or dissimilar nature, as it deems appropriate with
29
I 111111 III!! III 1111 IIII 1111111 X11 I III I IIII I III
3632641 06/25/2009 03:19P Weld County, CO
30 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
respect to the Association's responsibilities and duties.
10.10 Insurance Obtained by Owners. Each Owner shall have the right to
obtain insurance for such Owner's benefit, at such Owner's expense, covering
the Owner's personal property and personal liability (except to the extent any
Owner's Lot is encumbered by an easement conveyed to the Association as a
Common Element) . In addition, each Owner may obtain such other and additional
insurance coverage on and in relation to his or her Lot as such Owner concludes
to be desirable; provided, however, that no insurance coverage obtained by an
Owner shall operate to decrease the amount which the Board of Directors, on
behalf of all Owners, may realize under any policy maintained by the Board of
Directors or otherwise affect any insurance coverage obtained by the
Association or cause the diminution or termination of that coverage. Any such
insurance obtained by an Owner shall include a waiver of the particular
insurance company's right of subrogation against the Association and other
Owners. Each Owner may obtain such insurance coverage on and in relation to
his or her Lot or Dwelling Unit as such Owner concludes to be desirable.
Neither Declarant nor the Association shall be required to maintain insurance
for any Owner or with respect to any Lot or Dwelling Unit.
ARTICLE 11. CONDEMNATION
11.1 Rights of Owners. Whenever all or any part of the Common Elements
shall be taken or conveyed in lieu of and under threat of condemnation by any
authority having the power of condemnation or eminent domain, each Owner shall
be entitled to notice of the taking, but the Association shall act as attorney-
in-fact for all Owners in the proceedings incident to the condemnation
proceeding, unless otherwise prohibited by law.
11.2 Partial Condemnation; Distribution of Award; Reconstruction. The
award made for such taking shall be payable to the Association as trustee for
all Owners to be disbursed as follows:
If the taking involves a portion of the Common Elements on which
improvements have been constructed, then, unless, within sixty (60) days after
such taking, Owners representing at least two-thirds (2/3) of the votes in the
Association, including, during the Period of Declarant Control, the vote of the
Declarant, shall otherwise agree, the Association shall restore or replace such
improvements so taken on the remaining land included in the Common Elements to
the extent lands are available therefor, in accordance with plans approved by
the Board of Directors, the Design Review Committee and any other authority
having jurisdiction in such matters. If the taking does not involve any
improvements on the Common Elements, or if there is a decision made not to
repair or restore, or if there are net funds remaining after any such
restoration or replacement is completed, then such award or net funds shall be
distributed on the basis of the Common Expenses allocated to the Owners under
this Declaration, first to the holders of Security Interests and then to the
Owners, as their interests appear.
11.3 Complete Condemnation. If all of the Development is taken,
condemned, sold, or otherwise disposed of in lieu of or in avoidance of
condemnation, then the regime created by this Declaration shall terminate, and
the portion of the condemnation award attributable to the Common Elements shall
be distributed as provided in Section 11.2, above.
ARTICLE 12. FIRST SECURITY INTEREST PROTECTIONS
12.1 Special Rights of First Security Interests. Any holder of a First
Security Interest encumbering any Lot, upon filing a written request therefor
with the Association, shall be entitled to (a) written notice from the
Association of any default by the mortgagor of such Lot in the performance of
the mortgagor's obligations under this Declaration, the Articles of
Incorporation, the Bylaws or the Rules and Regulations, which default is not
cured within sixty (60) days after the Association learns of such default;
(b) examine the books and records of the Association during normal business
30
I IIIIII !III! IMIII III I'D [III
3632641 06/25/2009 03:19P Weld County, CO
31 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recrder
hours; (c) receive a copy of financial statements of the Association, including
' any annual audited financial statement; (d) receive written notice of all
meetings of the Board of Directors or Members of the Association; (e) receive
written notice of abandonment or termination of the Association; (f) receive
thirty (30) days' written notice prior to the effective date of any proposed,
material amendment to this Declaration, the Articles of Incorporation, or the
Bylaws; and (g) receive thirty (30) days' written notice prior to the effective
date of termination of any agreement for professional management of the
Association or the Common Elements following a decision of the Association to
assume self-management of the Common Elements.
12.2 First Security Interest Right to Pay Taxes, Rental and Insurance
Premiums. Any one (1) or more First Security Interests, jointly or singly,
shall be entitled to pay (a) any taxes or other charges which are in default
and which may or have become a lien against any of the Common Elements; or
(b) any overdue premiums on hazard insurance policies or, if such policies are
cancelled, secure new hazard insurance coverage for the Common Elements or
Lots, and the First Security Interests making such payments shall be entitled
to immediate reimbursement therefor from the Association.
12.3 Association Right to Security Interest Information. Each Lot Owner
hereby authorizes any First Security Interest holding a Security Interest on
such Owner's Lot to furnish information to the Association concerning the
status of such First Security Interest and the loan, which it secures.
ARTICLE 13. ENFORCEMENT OF COVENANTS
13.1 Violations Deemed a Nuisance. Every violation of this Declaration
is deemed to be a nuisance and is subject to all the remedies provided for the
abatement or correction of the violation. In addition, all public and private
remedies allowed at law or in equity against anyone in violation of this
Declaration shall be available.
13.2 Compliance. Each Owner or other occupant of any part of the
Property shall comply with the provisions of this Declaration as the same may
be amended from time to time.
13.3 Failure to Comply. Failure to comply with this Declaration shall
be grounds for an action to recover damages or for injunctive relief to cause
any such violation to be remedied, or both.
13.4 Who May Enforce. Any action to enforce the Documents may be
brought by the Declarant, the Association or the Design Review Committee in the
name of and on behalf of the Association or of the Owners. If, after a written
request from an aggrieved Owner, none of the foregoing persons or entities
commences an action to enforce this Declaration, then the aggrieved Owner may
bring such an action.
13.5 Remedies. In addition to the remedies set forth above in this
Article, any violation of this Declaration shall give to the Board of
Directors, the Association, the Design Review Committee or the Declarant, on
behalf of the Owners, the right to enter upon the offending premises or take
appropriate peaceful action to abate, remove, modify, or replace, at the
expense of the offending Owner, any structure, thing or condition that may
exist thereon contrary to the interest of the Owners and the meaning of this
Declaration. Any such cure shall be at the expense of the Owner or other
person responsible for the offending condition.
13. 6 Nonexclusive Remedies. All the remedies set forth herein are
cumulative and not exclusive.
13.7 No Waiver. The failure of the Board of Directors, the Association,
the Declarant, the Design Review Committee, or any aggrieved Owner to enforce
this Declaration shall not be deemed a waiver of the right to do so for any
subsequent violations or of the right to enforce any other part of this
31
I 111111 11111 111 111111 1111 1111111111111111111 111111
3632641 06/25/2009 03:19P Weld County, CO
32 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
Declaration at any future time.
13.8 No Liability. Neither the Board of Directors, the Association, the
Declarant, the Design Review Committee, or any Owner shall be liable to any
other Owner for the failure to enforce any of this Declaration at any time.
13.9 Recovery of Costs. If legal assistance is obtained to enforce any
of the provisions of this Declaration, or in any legal proceeding (whether or
not suit is brought) for damages or for the enforcement of this Declaration or
the restraint of violations of this Declaration, the prevailing party shall be
entitled to recover all costs incurred by it in such action, including
reasonable attorneys' fees (and legal assistants' fees) as may be incurred, or
if suit is brought, as may be determined by the court.
ARTICLE 14. DURATION OF THESE COVENANTS AND AMENDMENT
14.1 Term. This Declaration and any amendments or supplements hereto
shall remain in effect from the date of recordation until the twenty-first
(21st) anniversary of the date this Declaration is first recorded in the office
of the Clerk and Recorder of Weld County, Colorado. Thereafter, this
Declaration shall be automatically extended for successive periods of ten (10)
years each, unless otherwise terminated or modified as provided below.
14.2 Amendment. Except as otherwise provided in this Article 14, this
Declaration, or any provision of it, may be terminated, extended, modified, or
amended, or revoked as to the whole or any portion of the Property, upon the
written consent of Owners representing ownership of two-thirds (2/3) or more of
the Lots. Amendments made pursuant to this Section shall inure to the benefit
of and be binding upon all Owners of any part of the Property, their family,
tenants, guests, invitees, and employees, and their respective heirs,
successors, and assigns.
14.3 Requirement for Declarant's Approval Generally. Notwithstanding
the provisions of Section 14.2, (i) no termination, extension, modification,
amendment or restatement of this Declaration may be made during the Period of
Declarant Control without the Declarant's written consent; and (ii) no
termination, extension, modification, amendment or restatement of this
Declaration may be made during the Period of Declarant Control affecting
(a) the right of the Declarant to appoint the Design Review Committee, (b) any
right expressly reserved to the Declarant under this Declaration or (c) the
protection of the Declarant's rights under this Article 14, without the
Declarant's written consent.
14.4 Notice of Amendment. No amendment or revocation of this
Declaration shall be effective unless a written notice of the proposed
amendment is sent to every Owner reasonably in advance of any action taken or
purported to be taken and such Owner has been given the opportunity to vote or
give his or her consent thereto.
14.5 Effective on Recording. Any modification, amendment or revocation
shall be immediately effective upon recording with the Clerk and Recorder of
Weld County, Colorado, a copy of such amendment, modification, or revocation
executed and acknowledged by the necessary number of Owners (and by the
• Declarant, as required) .
ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 Severability. This Declaration, to the extent possible, shall be
construed or reformed so as to give validity to all of its provisions. Any
provision of this Declaration found to be prohibited by law or unenforceable
shall be ineffective to the extent of such prohibition or unenforceability
without invalidating any other part hereof.
15.2 Construction. In interpreting words in this Declaration, unless
the context shall otherwise provide or require, the singular shall include the
32
IIII11111 31 111111 ���� IIII1111111 ��� 111111111IIII
3632641 06/25/2009 03:19P Weld County, CO
33 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Reccrdet
plural, the plural shall include the singular, and the use of any gender shall
include all genders.
15.3 Headings. The headings are included only for purposes of
convenient reference, and they shall not affect the meaning or interpretation
of this Declaration.
15.4 Waiver. No failure on the part of any party to give notice of
default or to exercise or to delay in exercising any right or remedy shall
operate as a waiver. No waiver shall be effective unless it is in writing and
signed by the party against whom such waiver is sought to be enforced.
15.5 Notices. Notice of matters affecting the Development may be given
to Lot Owners by the Association or by other Lot Owners in the following
manner: Notice shall be hand delivered or sent by United States mail, postage
prepaid, to the mailing address of each Lot or to any other mailing address
designated in writing by the Lot Owner to the Association. Such notice shall
be deemed given when hand delivered or when deposited in the United States
mail, postage prepaid.
15.6 Limitation of Liability. Neither the Association nor any officer
or member of the Board of Directors shall be liable to any party for any action
or for any failure to act with respect to any matter arising by, through or
under the Documents if the action or failure to act was made in good faith.
The Association shall indemnify all of the officers and Board of Directors
members with respect to any act taken in their official capacity to the extent
provided in this Declaration and by law and in the Articles of Incorporation
and Bylaws.
33
HIV 11111 ION 111111 1111 IIII1111111III 11111 IIII till
3632641 06/25/2009 03:19P Weld County, CO
34 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder
15.7 Conflicts Between Documents. In case of conflict between this
Declaration and the Articles of Incorporation or the Bylaws, this Declaration
shall control. In case of conflict between the Articles of Incorporation and
the Bylaws, the Articles of Incorporation shall control.
LOVELAND PEAKS, LLC,
a Colorad Limited L' ' lity Company
By: ht
y,JTr., Manager
STATE OF COLORADO
ss.
COUNTY OF WELD The foregoing instrument was acknowledged before me this II?G day of
, 2009, by Joseph G. McCarthy, Jr., as Manager of LOVELAND PEAKS,
LIfilta.orado Limited Liability Company.
WITNESS my hand and official seal.
My commission expires: / — iCI :ZOO
2o� ev.... Notary Public
�iBURTONC.i•
KROSS I.
MY COMMISSION EXPIRES:
Jmuwy 10,2011
34
. AID 11111
3632641 06/25/2009 03:19P Weld County, CO
35 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Reccde-
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR TWIN VIEW ESTATES.
•
Legal Description of the Property
Lot B of Recorded Exemption No. 1061-05-3-RE2953 according
to the Map recorded April 26, 2001, at Reception No.
2843434, situate in the Southwest Quarter of Section 5,
Township 4 North, Range 68 West of the 6th P.M. , County of
Weld, State of Colorado.
111111111111111111111111 IIII IIII 1111111 III 11111 IIII 1111
3632641 06/25/2009 03:19P Weld County, CO
36 of 37 R 186.00 D 0.00 Steve Moreno Clark & Reccrd.:r
Exhibit "B" ATTACHED TO AND MADE A PART OF THE DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR TWIN VIEW ESTATES.
4
Plat
•
EXHIBIT B
r
TWIN VIEW ESTATES
EXHI3IT MAP
Open Space I
z meis'm'a Ntauy Easement 1
aoav
569'15'20"W , , , 1768.47',
N00'57'31'W
488.14'
I Lot2 LEit0 Lot
Open Space
(Utility Easement /
5.1/1B Comer il
o
See. 6/5-4—BE m
o
N
m
raj I Lot 5 m
y Lot t
c 1)s"•e : 1e� ��
i tw
N Lot h
NN00'57'31'19 - I �
974.76'
I I Lot 6
Y
I Lot 9
m
O IY t
1" 889'25�46'W Lot?
m I 465.02' z '
spy T en o Open Space
Op8yen Space o ll.
(UNBy Eminent)
(U81 Esscrtient
S.W. Comer _ 495.07 ////////////
Sec. 5-4-68 I I S89'25'461Y 1342.01'
$1F-
CO
111111 11111 111111 111111 1111 1111 1111111111111111111 IIII 0z
3632641 06/25/2009 03:19P Weld County, CO NTS
37 of 37 R 186.00 D 0.00 Steve Moreno Clerk & Recorder April 9, 2008 /
l \\n.:N.-m-59iram.\dWAfAg-e,daw.c /
1111111 11111 11111 111111 !III III' 1111111111 1111111111111
3632642 06/25/2009 03:1915 Weld County, CO
1 of 3 R 16.00 ID 0.00 Steve Moreno Clerk & Recorder
WARRANTY DEED
THIS DEED, Made this day of Tole :14,2009,between Loveland Peaks,LLC of the County of Weld, State
of Colorado, Grantor(s)and Twin View Estates Homeowners Association,whose legal address is 2219 Smallwood
Drive,Fort Collins, CO 80528, of the County of Larimer, State of Colorado,Grantee(s):
WITNESSETH,That the Grantor(s),for and in consideration of the sum of$1.00 the receipt and sufficiency of
which is hereby acknowledged,have granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,
convey and confirm,unto the Grantee(s),their heirs and assigns forever,all the real property together with improvements
if any, situate, lying and being in the County of Weld, State of Colorado,described as follows:
SEE EXHIBITS"A"and"B" ATTACHED HERETO
TOGETHER with all its appurtenances, and warrants the title to same.
IN WITNESS WHFREOF,the Grantor(s)have executed this Deed on the date set forth above.
GRANTOR
State of Co Icrlt)
)ss:
County of ki/ )The foregoing instrument was acknowledged before me by J c c c f h G Nc Cast))V
(Name of party signing)
this I S day of M wy ,4096. 2 a a 4
Witness my hand and official Seal.
My Commission expires I — 1 D - 7-00
f
Notary Public
) ......•.,.
. i'+
(SEAL)
.; �C.i,
MY
EXPIRES:
January 10,2011
14
ie mitt/
Lv
5
EXHIBIT A
i
TWI \ VIEW ESTATES OPEN . SPACE
EXHI3IT MAP
Open Space
1 1
5'201 m n� 1
yI571 5'20 W 1768.47'
f
N0C'57 31•W
486.14'
'"•I Lott Lot3 Lot4
I —Open Space
ieefty Easement) /
5.1/16 Corner o
Sec. 6/5-4-GBsl
0
� IO / m
a Lot 1 Lot 5 / n
c
�ta
e `s
�
V°�� /
0, .
N 1*t° re,.
/Loth
N00'57131'W I
974.76'
IY' Lot 8 r�
Y
Lot9 CO
9,
y I S89' �46 W Lot? /
m ( 465.0225 ' z
a rc. CA
N, Open Space
S I Open Space at
(Utility Easement)
(Utility Faeenwnq q i.
S.W. Comer I 495.07/////// ////
s«. 5-4-6e I I 389'25'46V 1342.01'
1 1111 11111 MN 111111 1111 1111 1111111 III 11111 fill Ili
3632642 06/25/2009 03:19P Weld County, co 2 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder
x
O
z
z
NTS
April 9, 2008
wcn➢rAp-501 o-rrMMe\E'N\meV Nl eeV
111111111111111111111111IIII IIII 1111111111 11111 1111 1111
3632642 06/25/2009 03:19P Weld County, CO
3 of 3 R 16.00 ID 0.00 Steve Moreno Clerk & Recorder
Exhibit "B"
April 9,2008
Property Description(Twin View Estates P.U.D. Open Space):
Being a portion of Twin View Estates PUD,situate in the Southwest Quarter of Section
5, Township 4 North,Range 68 West of the 6th P.M., County of Weld, State of Colorado
being more particularly described as follows;
Considering the West line of the Southwest Quarter of said Section 5 as bearing North
00°57'31" West and with all bearings contained herein relative thereto;
Beginning at the Southwest Corner of the Southwest Quarter of said Section 5;thence
along the West line of said Southwest Quarter North 00°57'31" West 346.50 feet;thence
departing said West line North 89°25'46"East 30.00 feet to the TRUE POINT OF
BEGINNING; thence North 00°57'31" West 477.68 feet;thence North 89°02'29"East
115.52 feet to a point on a curve concave to the Northeast,having a central angle of
30°18'34" and a radius of 65.00 feet,the long chord of which bears South 43°35'59" Fast
33.99 feet;thence Southeasterly along the arc of said curve 34.38 feet;thence non-
tangent from said curve South 89°02'29"West 98.54 feet;thence South 00°57'31" East
402.94 feet;thence North 89°25'46" East 445.02 feet;thence South 00°57'31" East
284.50 feet;thence North 89°25'46" East 767.15 feet; thence North 42°04'59"East
674.75 feet;thence North 02°10'29" West 1216.70 feet;thence South 89°15'20"West
1616.87 feet;thence South 00°57'31"East 490.37 feet;thence South 45°12'44" West
41.59 feet;thence South 00°57'31" East 390.79 feet;thence North 89°02'29" East 98.54
feet to a point on a curve concave to the Southeast,having a central angle of 30°18'34"
and a radius of 65.00 feet,the long chord of which bears South 41°40'57" West 33.99
feet;thence Southwesterly along the arc of said curve 34.38 feet;thence non-tangent
from said curve South 89°02'29" West 115.52 feet;thence North 00°57'31" West 955.23
feet;thence North 89°15'20" East 1768.47 feet;thence South 02°10'29" East 1815.44
feet;thence South 89°25'46" West 1342.01 feet; thence North 00°57'31" West 346.50
feet; thence South 89°25'46" West 465.02 feet to the TRUE POINT OF BEGINNING.
Said parcel contains 11.29 Acres,more or less,and is subject to all existing easements
and/or rights of way of record.
TWIN VIEW ESTATES PUD Developer: Twin View Est, LLC
Case # PZ-1085 (Change of Zone from Ag to PUD) Lauren Light, LandPo
PF-1085 - FINAL PLAT 6/25/09
PT SW4 5-4-68 Planner: Michelle Martin
ZONED PUD/ESTATE
IS NOTIN FLOOD PLAIN (0725C)
LITTLE THOMPSON WATER DISTRICT
INDIVIDUAL ENGINEERED SEPTIC SYSTEMS
POUDRE VALLEY REA
PROPANE GAS
BERTHOUD FPD
THOMPSON R-2J
QWEST COMMUNICATIONS
BERTHOUD PO
9 RESIDENTIAL LOTS, 1 COMMON OPEN SPACE OUTLOT
FINAL ADDRESSING 6/25/09
Lot 1 23155 Twin View Lane
Lot 2 23161 Twin View Lane
Lot 3 23165 Twin View Lane
Lot 4 23168 Twin View Lane
Lot 5 23164 Twin View Lane —or-
23160 Twin View Court
Lot 6 23162 Twin View Court
Lot 7 23158 Twin View Court
Lot 8 23154 Twin View Court —or-
23154 Twin View Lane
Lot 9 23150 Twin View Lane
Lin Dodge, Building Technician
Building Department
918 10th Street
Greeley CO 80631
Phone: (970)353-6100, ext. 3574
Fax: (970)304-6498
9/7/05
• •
APPENDIX 22-E
• Weld County's Right to Farm Statement
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.
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 faun 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; hunting and trapping activities; shooting sports, legal hazing of nuisance
wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common
practice for agriculture producers to utilize an accumulation of agricultural machinery and supplies to assist in
their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual
disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural
operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been and continues to be the lifeline for the agricultural community. It is unrealistic to assume that
ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the
County, property owners and residents must realize they cannot take water from irrigation ditches, lakes or other
structures unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand(4,000) square miles in size (twice the size of the
State of Delaware)with more than three thousand seven hundred(3,700) miles of state and county roads outside
of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the distances which must be traveled
may delay all emergency responses, including law enforcement, ambulance and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Snow removal for roads within subdivisions are 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.
People 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 operations, high
speed traffic, sand burs, puncture vines,territorial farm dogs and livestock and open burning present real threats.
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. (Weld County Code Ordinance 2006-2)
Appx 22-7
Supp. 10
C
s
2i g
S ; yo i
g $$ 5fp
3 m� 51 C
I g a1
Y �� : a -
I 5ag o $
5 rz -2 I 5
i� o 42.5
i
rgs ass s
n o 2
n2 € { o 2 !
s ^: e� < B B
o E 155
3 pa ,]e 121.1
x I
I -S2 el gill
1. .48 e g c s - ii
ta 8 ---.i 21 2R3 Pig.4 E3 $8",-;gg I 2 13 8 I ! 1 . 8 z
5 !i tg= nF,$y 3 ; g 3r k� .w a s° € .4
g•Sc .. E s 'S E �E < E u s g E Z.
1
a 06
6 .o
0 0.
IA w
r w0
isi
_ _
.9. w° c` ° 3 L
Ill 0(~� 8 B ,€B- em a1I re. .4e 'n3 B :B B₹ g �+ "5 ° 5 _ acdggJ gao °s"gYa B° 5
ILNo £ a �g5 �8 'B e5 B a.$ c 'ss gg• E i , E °n, a5 .2 g S°sue �`ft ii
w E g g � sg p aZ 19 8 z m Bgg. c°a gin $g B3 r
iso F 3 I @ 8 EEy= 6tg� z 5 gB` s ! q . 5:1 n U_• S 8` rS ; agn i- gift;
�«
Sdc 9 ;; .i 5° E a
c.5u g 5 g g Si IS s A Ei•8i-°� 0 °.°1= aR K
■ o o r -3 IcOg x5 !.$ .4x a 4 s ass _ e� 8_ s BF$°s.s • ga
Q Z B °y ES- V.4 El ga 1 .g . e-'5 a °Ys o 3 - '=s a. g s ass 23-e `€a Ys ''c -I.
\
gz ° g s Y §x=e IS S' B 3 $ e1 11 9 i - • °€ I. € _� Z-11 . lIfir' a s i
■ 6w . Y s• r° 9 °! HE 8 LEI o i I. = e 5,-.12121.11
S. 2 !__ae r--8a
` 86- € E t8! aso ao $ of 5 2 81 .s . eE ^rs. ea 0. —Is
8
2 oD s a 5 0$3 €°s 5s s3: 7,4 e� f 1 ° s r 5 s og E 5 B B. 5�•a v 0.,2k,-; 1 9
a s t ° •D; s; 85 pi ° Jo B g4r EES B g g' Sp .� s 3`aaedE5o$ 5` s • B
S. to al S E 8e .4 F E 55 : sF c° °5
21 g
I cc v 2 ' - ' e'¢€e I a € igs o v S 5 a $ E' i — . o �I 'ttr2 c' 3 3 e5 R:Y2s1 •.`sc °_ .gE
Pit .5 a= o2 sa •.ice s e acs.rt g a .s E 5Yg .a ES, 3 ":e.°_ > >n < [':. 6 8
D r s 8 g .88 g J2 al en BBB so- i! .. I . a Eas 1, s : a F. g o[▪ 5 00 e` a a $€ aa'E ai si E°g2;BB ,8l
Nr w 3 .2 e Q3s ; c2 - _ s$ 5 ° E ktb a .•e 5` 'gaes sF efr . B 's • €` .2 5" '5N= 2 ge gg5 2 jllftW
€ saifri8E5° g 59E" ctZw °• r .l54 :. 5's .§aIi
'sE3 : ° : or `° JOnL 5 sfr °` • a°cY 'L-'oaa „.. r e
• r g8a$ e . a° F825$ rsc E e'= asFa E BB2 s� Ii gocm_ 'a .r8 6 s la.• j.y a1Iiflhu !
3 g esfr s -°``4 °g5ss8s ., , FEa� i8°J$`°g"€s "F�g_E�C 41 : ° E S • Bms .e . 'fr 5s9=.-s° F EEEE ,s - 5 555 gg . ° B e$e E lit
8 e`' _ $ ygge.c ..€a .°R „`$fr s€ss .g`°.. Sg8 a4 -131 5 Boa- sem =s goe s s B5 '€DB$ a8 11 '°W . 858 € „ a s,y e' 8°�s81�2 =c' B p er ° no
s 3c8Bogc $Je'4. Eli
$ $ a !� s _ g 5s3g € isIgg5B 6 `s .4oE$e $ .1 � .O -1 F � � ;l,o. s € EY ;- E� $°YBs ass` € .`xs�` c & a .g B=_ s�8L 8 B EyWB o • px5285 .`se 's e ₹ F ' < 85 a�8a g .•s Etsp BVia. -'m€ 51Ifs fggt - 8 '�. .igg i ;$ 8: 1 o� ° 8 "2-
°ER R F 2 554 53 g
X sB " g .2§42„ s .-5$ a€ g: !° I. : Ft,. ; Iasig d to `° 3s E-° ko E5 :2042x 21,52..4 as la-
ill
s.
° u` ££ 1. g • • a s3 - In o m•
w, I= $ ;gi .• nt3 Srs g€$ x'$ 1st O° a a Ys= a ` Y 4i t� I. `a: g3 ego :E € �° �. c,i5oy58E.$ -,9:23 ,3 El
ill LZ . y - a9 g Bi; _ el° . ��ys - 3_ 3 _. 3 ;� a o° z's
fra o 's� hilt • €38E0 $.�a ati go �@ � " s :Ms a� s° a .53 .g ' 84'. ��'s't r�rz.B E ca�S Y
ca z - .8• ado i gel s 358 2n= g$ s" 2:2 °e -4 °; ..3 's -'4 ` as B-
_ p B8 2 @2 415E s° <8.5: 3.z ad .5g <!5 Ex 3 H a. <ug: <5 nw g �R5: •a d° E 5ac'8 5 W: W: a'_o85_�40 �a5 YF,$'= a88 £g
w m w c _ c o. Z °
Z 6 d c ti z y J i i O d i 3 i2
Li_3
gm
00
m
26
mN x'e's.8gs EF"St2g8. $ 8° is°'g. •oz8 t s4Vy- oofg 000
VIZ!'
°S-'acct.°!$ ;41 s- agE.e. a '.ti83
y5o 88z t.. fit iii 41;a74.4 - !ii
"$ ,—g _Eyre !L• _o _ec NOci f _ e o5S
tiEo <
_`O €-EroB .eo gli 5oy ! .gg' 8 EcaE
.b--
:h.
�5s
g8 c"2€1 ilia g}i3g> 'c• .•4 .S fr E ,0
'c .'a°o I0°52.1.0§ 'Ba YNE!: v-B .cc! egos
€ .44si 455e_48 4 i ss 2 $e EEppo pp�' €o"' ..a
3. Y
:.n`s'=y_s0.'01-0` i gEo .sg 1ac°.so€g 88 $'"d
s'e, 5. 5 so ,oe.
ollk 'b°'s Ed5 °`°8 a sit ff..-O4.gBO4. 5°53 •o-s
i.s__ 5 go
'" 1!!24 8$—sae �• � .B 32 2:043;01, gee! •3�
u° 8.4E so'2588 .$> E !3 •Secfr�E€rE oao€ 65or G5
'88`_Y g3 Ili p y 2$ a5 oa Bs- €€E
r78.1 2�8E o<5,F s ..'20.-16.44
EZ ¢e' gill
! °"S d ib
SBo _ '=- 8 Soe Yo . € .aa'"58o ;0.,5 5 -frBs d'li.. #§t
3Esagg `o;2e'�o$aa 3�v 14:1°-.:EP“
$-gam ee °_°a$ s szgs' . •
1-4211 sg°n sr S$£' _,�6 y.e g_rc .os g aas° ° ,a;: • L
.22 z -e a 3 $2€
=,3 e5•c 21 nth; 2PE :11h81..°8188 . . ; sg. _% ga{
.0 s•Es- 8 21 !n
R°!5 oBa a Tp° Egg,,By 1151-..-itog 3 a8a °9, '8Y. ill
g 8 Ean g€ 833-.2! _n4 !”lig:oB cg n E''s.§ Tb - • O
1 hrt2_33 ' By JB.e 285 -53° :InE E$5E c$.goF a 1 a E E:: b'w�L%•yaE° F2°€ z-8.2 5s g°Bgo:'ppeE B s J< F,;— 4, t a
ffi y-2245 s° a .5B Bp 15-50:21.'3'1
o.2s{s ₹g.2 a2°, 't.o eo Hs
I5 ° -.E8 g'g� § FE .. 8 5 €s._ss B6 S:≤ I n 8 .EE'I 8
g 1A=� oYaa gYe" yo $ g to
5a1212 g!`. •.°12a li50 osg°8-egos'$ !s€ -° g0 �4 °sk "n ppgg
e3' 3s€°.g.8s' oB"s sC° fr:'°c_ .s `� ` a z v *-01 'o S €8e
°$ ea 5°'-o$8g i.e5 °5°cs rgc.$ .2oc—` 3 6 aa°e <n
.g_c > s$Y_.—nz eE e• �..., a t F 5 t 4 a . °n £
05g s e..°3 ea a s5 gE 8 8 .sg z ¢ as5o• E022 An III
g
b' �°° !°es$!j°;! ES a!a '!ro- igg°• frs I 3I 5 I 0 =9s` B3g. c. . _ps9gsqsy. ` �. . �EEce$Es e8€�,�.°, 9 < _9'g 038. "J J .. ge2c 3ib°3iz !ce ii 9g• iJ U > •Y". e3
$ � s^53' 45g8= y °� a $rf�₹a5� �Tt !€!fry 4 3 4 s€cz iz' ,g •
o.u. g eg 3'•$g.:`a5F ag.0 "es° LL1_o is14
mho; :halms,log, 3eoo 3 �ea.5•as5l. azgr, 5 o 8 °' R E
se
8
r \
0
T7 )z
oa gY=Sa 'F 4a'agK^$R:8 1,. h a- __
�cR2 SS �S� SK B�R2SR "" �" �
g 7 cf
g g irr C
aE g e irv2wgr a� ₹2tfxwws 4 m' y• Eli.
c. Ii
- . .Fir .. A. . +? 3$. . _ �h s E$ ° to as 2 2Mr: alai.ia Via. ■S z £ F y—" $
.,g .. 1! ': a
T§a38RE 8& 2�in�7GP srF s .. � Z �
_s8 c .vg a rR2RR Q R SR9_R' g^es r ; z .
tgi v iy s / rP ,y U � /
gam` 5 �z •n I28888 88 888888@8888 .4 #
: i ,E.,..; r $5 y€$ 22'222 2R R2232R22222 III
a
z: a ;e .8g #
-4 s c2:1
0 aE' a ?all' 0�. :8_^'p'R'8:sk=si T
F nhu8 o"3 w•.78R �3 FRaa 8F3^8F= .r-, a., oxEao 8:' Rslt.°M flA iP1 oo yo 3r° i5= i• FS :: luu 1 j_ , A _85 & 80E8838 C,`,
e
E _ r .6 + n ..
:11
1
0 i I [i
CO 2
0 OU
T w
3w
II rG N
2
A ON RI y▪ zo D $ IT
g 'i 6$
6 00 O €, i Jill
7. 1 Illflt
v ¢ anf 3 d @
■ Qi � \ 2 �a' �� 51�
d =v 11111
id. la — 2659.09•
:O N -cp t, NOT 10'29^N ----_- 1329.55'__ _ _ _ _ 1
w ? —1329.54'— _ — 1
in X
4 mc' u-
- I
r
rc3 c E
IM LL m 1 I „'1
IIrA z°" C ill �,;. gg ml
W z0 coat BBB l"_ttt 3 I'm A88g Ai
W on F}a AIR i+� Im fill
x6 N till $8g Ai I ryl
im 0
La o_ O ` 502'10'29'E1815.44' . El
13 7.04 1 ni
mai I — — 83
3 rpz $
wo _ I ;0 1p vu9\�
F zw n o `.E m akcig.a N
a
cLt"o RI � . e 1 II \ Jm Ot \e
w $ 11
�I c } I II \
n '' ;
m
Os. "r a
a I a\
r
a o
4c4iVI
ce N. \
-.3. \
I 4 m \ n
c S
I III we
N + \
O
W E N /
1^ a I '�, N00'57'31'W 1
I '€ .a ell I Ij 3 346.50'
I €l-,,,,gg_ 8 a 1 II
ag4- is Q i II § ~ e g 4,-
o 8 a�
yg s cZuc I I til N2 OI 3j
. ;$$�66 gi 1 I $. . k Nat 0,8.. *u9 l III
I pA .J} >;E o I I, R t RE -8 n8 8. 1 it'i
I IX IIII
Y" ds I I J' R O
832.80•— — — 488.2 '— — — —974.56'—— — T —346.50'— —
,•
N(80.0 0 W 2642.11' I 48
5 (earls at Bearings) WCB 3 - WCii 3 .. €
. 2 gg n &�2 nod i1t ( tHfl!il
8 n^ mac`— ¢ RR grg.i i$fr st.1$ Ri •€ bI R 'nos �.fi 3M& 3,128.n 45pp7 ₹ytyyn O $ 3u3 3\
2it V eIi3 , 2NNN £55
aA 5 3
Iii
es
\ �-
(1 i .....\ {
I 1815.44'
1 I 502'10'29T ]]
I x
1 60.00• / +>: i& $
2 W7.w' ' �.a Owe /\.z O'29Y1 8
+9n
.482,3 MO 81_3 02➢0191 w ww. 1 4 S
It 2
8 - ar02 121 eel
I
8 I
a - eg 7 • I -1--�—_—,�_-_-_ �- --- _ — —
. _��1— i42vu _ — —
�=-==T wgTri _s — — --- -1^0'-- r
—h-- �'_" ��\4.. `\ 1 —I�₹t—_ 4 fig? Obi=oe^4₹e2K:Ro&��QRY$ -c
Y' N.... s\.. I''i' ��+b. „ =Fe R8:8I'I88$^n8R'IR88R 2
�r Iw 9h qty $ ^ o �e
At 3i : S \`\ I \ Y <. `v., 3aO iWW₹₹₹W₹₹₹ww W₹WWwW₹ 2yy
�S1:14 ; ER 9:$E$RS=n FE
11 gi€^ 14(%;*. \ @�, 99C $s& AS
K�%38y8:78 RF`M:FS
IIII
�_ - i rh T \<' `1\ a m$g,At= €g.t= �1s 2. !"s
r 811 s 1 I t.„,1, r� \ �`� Le
v _ t �1 , F \ '• •-••
\\ kxy< \\ to ` 19 t'$Rnm800etb�a XRB.,cczclic o.
b e l s I L,000' \a \\ o q�,
o
6i `- 5.9086 I Im.00'-, I �`�\\tom., \\ co ti�888$Q8gg8$gg$$888$8$ Es
al
p ^₹ I I I \ \•y \ 2 R 888825185528 S RS 2802
6 377m..n • RE13b 1 I I \\ \ \
Tim I 1 \ y \ of
O 5 2 V Y 1 IL_ 11 i 02
j I\ \ .€\`\ a„ 3r88YRng.n.i lIn ..E.
e r I 1 I ��,�e \ w;_8RRrtn$RS'8gR?^p9g • ° .
=' ₹ op oa I I I i oaf \ \\t `\ oE."3teen Et$ 33 eg EoRa:9 3 @s£
R J m E I I I 1 a° \ g \
,o $E 1 1 1 \ \.e., \\ xF m n�
y fig 3 I I w an
(( 3 I i II P , N\ \ \ ., ,c033fl8C88„,,04,„„0„0� gam`$
IE I I Iy' i . \ \\ n c.,
m °
�Ei I I': I I �° I `\ \ \
III:
,?.
` RsBd i I I n, 11 \\\ : \\\ 5g . 4g11
&^3
&W I I IFi x,. / `\ \// \\ 2n &I Ric
L. x°60'. — R E3 I 1 I £ y edp',]6�1'43. • ` \to'° ,5 i I WI 4N wqa Sy I n s"(4;760"
y °Y tab p� \S
O ee
.-
MO I I 8 46.7
` ` �4 8
I.
3w / I-- I CO
1 v1«•Ww 427.51 :_—\\ �I I ¢i ��°°\`f u�OVu e°ar'�w,_.11 i hg<-1',.
` � 2 $
r< r �, I \\� Y1 I , 3 �� n z/J / �• \ x
lil _- /I ' %\ 10o.oa I I a gi // \ \ C\
▪ ND a i \\I r !�° `
iw 7` & 110.ao'L $ / .' • ''
le '' ,. 48 I \ 000' I sor2s'11'c\
B 1...o n I I ,-, . I 79.re ,i ra CI Zco & I \ 1\ I 1 aF _i/o / I a
�z .g1 I 11 \ I I Z / o/ st F
i a I \ 1 1 bN° t % g 2
Cli zo_ 1 •9_ \ •1 '>/ c' �Lux / iiso
o IA a6 1 di 1� -0 calsi
imp I-LLI gi / 'P/N•'� �9 d�
rn o $ J a ---I
i P �\Jt rtr2 i.. O /z,4' / il
/ /y�b.6M '° °gS"'u°
F (V F N 1 \Id.
Ot. Po'<rh�av / i� h'./ .p./p d'ry'° +
`R ww -R I ofryrf.eqq..,,,, <.y>°// �.P %/ pp �d4ya-•F �. w ry , I J °�°ra2y /
ZN o r 5- , I. /mil C2 ��� <se / u
t9 6 3- 1 / r- 49• / 90
In III Z11.4 R 41, I i / / A. i II it 03 \ CO
Xr d`F2z 11 / ' 35 •
f \\
wp .RI &
•
Xa € -1�µ �1 .oao, \\ \\t.r° •g $g
`� wr 33 CIS / wg^�- ♦\ �`a�� a3
/ c [. -i
ry) �� I R8R^ \ aq
�J 3 R � /
Z woo / 1 ids&=,, \ i&`° w
Ell
3°I
vi \ L 1 90044.402 as.sr J j I qr \ �' \ w8Q
3 , , t�1 o de °
F CON 8 �� qb4 ' 11_
s'
CP
—WSS 1f
E 4 1 i ; \ I \\ Eg
Ili 1 \ g
$ 1 I 1 \ 7 ' t4 .gW$
'Em I I I \ .gSf^
R15= I w
o fig a II I M \ \1
\ gT
8 $� I Z E i� G \1 dii
el u 2SP2 I I , a 1
a r € 1
O it �I II I y^^ 3 o ii \1 .►
upi 1 I 1 in &F I �, ₹„1n
fi3 1 _ I IL Ri�U_�u
d3g. TES I 110.00'_.I r P._{( tm
Y4 u b I _4 4.— $2: Li
/ a
se M 0 a* I 1 I d`' 'b� _ .Sp $ \I 4s$
p I I II
, f 8 I
SI 11 11 .III I
g t. f �, gjj j 33e }yit Ep ^ �0FS a' RE _i I d41
5 -ii
0, 1 I 2g, 8 ₹ w 8 9 -
sOOn']12 490.]Y ^d y
V-
V L I- I 2 -I P. ,t `- 1 Et
n20W �;- fx0037" W ba.9W g g 600'ara,2 ]9°79• I €i
• R 4 I— Ei
I 4.2.99• ap.9: .a0' _ 0
T 4.4,}
5 I I --- �'---N00'5T31'W I 974.76' E
— — __ 4,8 I N00'57'31"W 488.14' I r . sI
-Cr _ xo0mb11r 9]4.60• Y4
;I
• , nr]1w w9.zs' i :A
WCR 3 _ iill 1 ,
i; vg_ 6P III
2 , " R &I el$4 „g g E
911 \ SO Ifs]
•
K.
3
50710'29'E 1815.44' •133000
Yv
11 $ s
-
— ` 111.15
._T�— ----- _ 8 ig
— '' C � " 9
a xis a
LA- •
Illi 11 \\ 8 ` E m e
\ a2 a3 .-
L 82-
82'3 \\\• "g•-;,, "s8 C t i m
$'a r 6
w Ri _ \> l o x R=
N
yE // „ a
d€i / , 'sr
w .2 3 , / \\ -so
N 10 8o / / `• es,
• - i / / \
\ o
m / / \
\ Y \\ // / N4. \\\
\ •
. \ \ /
\\ \ \\ al i
\ //, \\
\ /
\\ \ \ /\ /n 4. / Y/T
\\ o
M0) .\ • \N R8 ₹ / /
/ az
ODo
r WO- r.6.J,j6\,}, \\N. ` \ \t \\\ R o //i LO A q
N�j ddte° `D°iIp�.id ,/ \\\ �- `\\ tpr91s ////ix t m
o t it/
\ \rr 8// \ L`
r3 P8yadsdy a° 1 0 N.
<44.
/ / Wo - r
▪ 000d Y°�,Y.1 1 ,e< /` \trey ie a o
7a 21
\ •
LL Y; / D \ N
▪ Q 3 tI 1 SOT15\14\ \ \ 4
si
wx 31 v 1 \ N\ --82,20'—
(7).=
/
2 zw040, 1_\ \` \
IC. w '4\44,4 °r / `�/ ''' Cg / a� \�\\ \ 'rM it `\\\
mO / J /— Ya \ \ \
Z N� �/ 4c // gts t D \
re 3 z• / 41. ' M/\ as tYJ`rstp.{4 ` \%� \
zw & //... \mow // i '' -5 �g:4.e/8\ve s/ .N.\ \ r,o `44 \
▪ arc 16!'ri / O w / ab�4• . h;�"0 ¢ Ate \\ N \
3 KS �pr 61��/ / *` ?// D09 Y ,e fl `\ \t q \\
wtt - `b '� i'// \\ \btl \
WW= a \ \4• \ ��e.
> a• wx 44% m 0 ✓
rn \ m ,. \4 \
Z u
t Oo ' `\• t 1 eJ \ \` \
at.kas A, et
▪ Oz _' \`` \\tea S: .1onoed••�pv. �'e°' \\ \i. \\
O W_ fi a
c5v "83$„ `\\ `"be44 ak f2 � `y1'""' s \ \- \\ Ya
muwi 4�5 \ d/9 "'3 W R cltJs".w ao y 171 \ \ . 'g
Yc•% +; mks. 4 W \\ —
6 si to gi \ pl. $- \ \ • \ •1
eo\� 'o.:..a . RS \ o L 1
o \ Y \ i1 .1'---,..--$00'57-31
-300'57.31 E\ - - 224.50' 171.]0• 7:-.,./\\ 0 1 .40057•31V .s5.u•
J 1
\\ \ I 11 N00'57'31'W 346.50'
\ ✓ \ 8
\\ tvc,, \ Aram, :S mBBY n:828B�
oY p
\ .a
\ \I YS vp (5 WW##FWF₹FWWW₹YWW '## t�
m 1 gf C p zBFY-P75-YEr-98;>''$nn$6
it t 1 .&I • rc:$? BBB C3'8A"'�,8`Rh E§ oa.
r % 1 Qa w C h' F4 br Y1'
s « it 1 r II °1 n Si I. $ �
5g$ I ? � Y Ai
W ; a h•
4 I I ki14- . Is
H 's + CO is? 96atq' "Bone^BuSn-At' 9 H
3 I '7 1$ '¢Y J4' -S' 6 RIz�&291 7_R,'-,•R_Yne B�xBSX 'o A.ink5c4 !.8_q ss`` / B. \ t
lb
ii
65 6u i _ •ye s 8 L 21 I ,1-e .7 N E
w 1 174 p r W _ R' r:.1E• ¢n:R8_^A • to Vt2 Sn
N S if S. =.Tim — 12.18. 8'v F8R38RE≤�'`y�y 53i2 I4,¢
Y �� i 1I I #Ia `# C If p} — —w.00' o2:%. q$:„g2t48RaSi::A ' .�2` g}e2§$ES
w 8
w $ pg
N s S R" .4 aY 8 pL "s
8 s & =8 0 r m.4 �B € R as a %5�aae G851::::,,,,::::, Sig$ $S
L - { -I-j ` 0 1 i. i
S5v5T51t 1 wz.H 1 i
I _ _ W (i
$MO 31 %0.]Y o — NWSYJII «]AI' / p
— r I r ! YR- - Af
m.aY'
_ -----F'-_-N00'57.31'W I 974.76' ---_ YIII
r I ei
Nar5')51'W Y].'%• < WCR 3
1 I[21 I'l
1111 fil
ti
rn 8tr '22
,4s ..yrs E
ate ~ ii i£
J
Hello