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Home My WebLink About20081935.tiff PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION • FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT# /AMOUNT # /$ CASE #ASSIGNED: - APPLICATION RECEIVED� BY i � PLANNER ASSIGN ED: Parcel Number 0 0 0 / - 0 /7 - 0 - 0 0 - 00 if (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included U R in the applicdion area, If additional space is required,attach an addtional sheet) Legal Description Lot of &E 3581 , Section % , Township 6 North, Range G7/P�West Property Address(If Appiccnaable) ISO NY Come( of WCk SS 6It/CR7E Existing Zone District : 'I _Proposed Zone District:`_ E Total Acreage: li 1LL,21 Proposed #/Loot's/// g Average Lot Ste: l�� 3 L}G Mininum Lot Size: 3.63 /Jc Proposed Subdivision Name: lakfi/y Es/iJr es Proposed Area (Acres)Open Space: ©. 0 / Are you applying ing for Conceptual or Specific Guide? Conceptual Specific FEE OWOWNER(S) OF THE PROPERTY] (If additional space is` required,attach an additional sheet) Name: �y Sit ay 1-807 (Nfn�k Work Phone #(70JjiJ/2i H,oni,,eP ne#�Q(I 115-if 2O mail Address SGcrrv�IaWit� l^^Sr� Address: 2$151 We4 (.ulMly hod 79 J cop • City/State/Zip Code Eflan7 Co ?OM- APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must xcompany applications sgned by Authorized Agent) Name: Tfl Courc r r4 refill Enifikeermil re Work Phone# la) 23%- ff l7Home Phone# (97®) Z07- PIN ail Address den-0[47 e. ogres!, net Address: City/State/Zip Code './ // Waft( j /� } •{ UTILITIES: Water: NO/t� w'ei county Waft( Uk) ac Sewer: XsdlVldual Setilate [Wail Syst'<M5 Gas: 1� Electric: mNike balky KEB Phone: w Valley DISTRICTS: School: $/L tint/ lil rteC }fo ){ ' to On Fire: Ca Ton Fe Palm!le !/iit/7Cl Post: Ea en 7 Co I(We)hereby depose and state under penalties d perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the applicaticn. If a corporation is the fee owner,notarized evidence must be included indicating tie signatory has the legal authority to signfor the corporation. I (we),the undersigned, hereby request the Department of Planning Services to review his PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld County, Cdorado: crholoc • Signature:Owner $ uthorized Agent Date Signature: Owner or Authorized Agent Date -10- 2008-1935 • LAWLEY ESTATES STATEMENT OF COMPLIANCE June 1, 2006 The P.U.D. final plat, final construction plans and support documents have been prepared to be in conformance with the Weld County Code and to address all concerns that were identified as part of the P.U.D. Change of Zone Process. This project has moved forward without major changes and continues to meet the criteria spelled out in the original Specific Development Guide dated September 15, 2004 and submitted as part of the P.U.D. Change of Zone with the following additional considerations. 1. Colorado Division of Water Resources Information was provided to the Colorado Division of Water Resources verifying that • an adequate water source is available for Lawley Estates. The Colorado Division of Water Resources has responded that this information is adequate to satisfy their concerns. 2. Colorado Division of Wildlife A wildlife plan was submitted to the Colorado Division of Wildlife (DOW) for its review. Recent correspondence from the DOW indicates that this plan satisfies their requirements. 3. Weld County Road 55&Weld County Road 72 Right-of-Way The final plat for Lawley Estates dedicates the necessary right-of-way for Weld County Road 55 and Weld County Road 72 as required by the Division of Public Works. 4. School Loading Area An agreement between the property owner and the Eaton School District has been submitted as part of the Change of Zone. • 5. Postal Delivery Unit • An agreement between the property owner and the Eaton Post Office has been submitted as part of the Change of Zone. 6. Oil Well Setbacks The appropriate setbacks from the oil and gas facilities have been shown on the Final Plat. 7. Interior Roadway All interior roadway dimensions meet the criteria provided by the Division of Public Works. 8. Nazarenus Ditch Company The owner of Lawley Estates has made every effort to satisfy the concerns of the Nazarenus Ditch Company. Runoff from Lawley Estates has been totally separated from Ditch Company Improvements. A detention pond and outfall system which • crosses under the Nazarenus irrigation lateral insures that no runoff will enter the existing irrigation ditch. • • • LAWLEY ESTATES P.U.D. SPECIFIC DEVELOPMENT GUIDE September 15, 2004 INTRODUCTION Lawley Estates P.U.D. is a 120 acre parcel located along County Road 55 near Galeton, Colorado. The proposed project is intended to create eight residential lots. The larger lots allow for minimal disruption of the existing road and utility infrastructure. COMPONENT ONE Environmental Impacts 1. Noise and Vibration Lawley Estates P.U.D. will create eight residential lots. The loss will allow limited large animal activity and small ancillary buildings. Industrial or commercial activity will not be allowed. • Noise and vibration impacts would be similar to other large lot subdivisions and will have no impact to adjacent property. 2. Smoke, Dust and Odors Lawley Estates P.U.D. will provide minimal impacts to adjacent property relating to smoke, dust and odors. Specifically, NO burning will be allowed to create a smoke hazard. Stabilized internal subdivision roads will minimize dust creation. Odors will not impact adjacent property. Solid waste disposal will insure household garbage is removed from the site. Covenants will require that animal areas be maintained on a regular basis. 3. Heat, Light, and Glare Heat, light and glare will not be generated from the Lawley Estates P.U.D. Heat will not be vented from residential structures. Street lights will not be installed as to maintain a country "dark sky" environment. Covenants will curtail lighting on structures. Glare will not be created from residential structures. 4. Visual I Aesthetic Impacts Lawley Estates P.U.D. will create protective covenants which will minimize visual impacts created from eight residential structures. Covenants will govern building height, building • materials, building color, and locations. • • Houses will be strategically placed to create view corridors for both homeowners and adjacent • property owners. Roadways will follow the existing terrain and house elevations will match the terrain as well. 5. Electrical Interference There is no activity proposed by the Lawley Estates P.U.D. which will create electrical disturbance. All electrical improvements will be installed underground. Antennas, towers, and dishes will be controlled by covenants. There are no regional transmission lines in the area. 6. Water Pollution Lawley Estates P.U.D. will improve both surface and ground water quality. The elimination of agricultural activity will reduce the chemical and sediment loads historically created by runoff from this area. Also, irrigation and storrnwater runoff will be routed to a detention pond at the easterly edge of the site. The detention pond will function as a sediment pond further improving water quality on the site. Covenants will require maintenance of open areas. 7. Wastewater Disposal Wastewater created from the residential units will be treated via Individual Sewage Disposal Systems constructed on each site to be in compliance with Weld County Health Department Guidelines. • 8. Wetland Removal As a previously irrigated and cultivated agricultural parcel, there are no wetlands located on the site. 9. Erosion and Sedimentation Erosion and sedimentation caused by stormwater runoff or wind have historically been minimal from this site. The existing sparse grass and weed ground cover have provided an effective protection for the site. There is currently no evidence of erosion or sedimentation on the site. An erosion control plan and vegetative plan will be created to maintain these conditions. 10. Excavating, Filling and Grading Overlot grading for this development will not be required. The disruption of the existing site will be within the limits of the proposed Lawley Lane right-of-way. Once utilities are installed, roadways will be graded and stabilized to eliminate visual and erosion impacts. Streets will be graded to match the existing ground slope. 11. Drilling, Ditching and Dredging • Drilling, ditching and dredging will not be required to complete this project. • • 12. Air Pollution The creation of eight structures will increase vehicular traffic in the area by approximately 60 trips per day. Burning will not be allowed. Air pollution impacts, therefore,will be minimal. 13. Solid Waste Solid waste will be removed from the site by a commercial waste hauler. Individual homeowners will be responsible to contract for this service. 14. Wildlife Removal The property is currently a poor quality grassland with no indigenous animal population. Division of Wildlife personnel have reviewed this proposal and visited the site. 15. Natural Vegetation Removal The natural vegetation currently located on the site is of poor quality. In the transition from its current vacant status to a development parcel, additional effort will be made to maintain the growth of the vegetation and establish a viable grass cover. Disruption of the site caused by the development will be contained within the proposed Lawley Lane sixty foot right-of-way. Located within this right-of-way will be all transportation, water, gas, electric, communication and irrigation improvements. • 16. Radiation I Radioactive Material The geological hazard report prepared for this project indicates that the rock formation which would produce radioactive activity is not located in this area. Background radiation levels were found to be minimal in the area. 17. Drinking Water Sources A potable water system will be provided through the North Weld County Water District. Delivery of this water will be accomplished by an existing eight inch water main in County Road 55. An agreement has been prepared by the Water District. 18. Traffic Impacts Traffic Impacts created by the addition of eight residential structures will have insignificant impact on the existing transportation infrastructure. Lawley Lane will connect to the existing Weld County Road 72. • COMPONENT TWO • Service Provision Impacts 1. Schools Schools are provided by the Eaton School District RE2. A turnaround at the subdivision entryway will be provided. An impact fee will be required for each lot. 2. Law Enforcement Law enforcement is to be provided by the Weld County Sheriffs Department The Sheriffs Department is supportive of names, signage, school access, and postal access, but has indicated that they lack the resources to provide adequate services for additional growth in Weld County. 3. Fire Protection Fire Protection is provided by the Galeton Fire Prevention District Fire hydrants, roadways, signage, and turn arounds have been provided as the District has requested. 4. Ambulance • Ambulance service will be provided by the Northern Colorado Ambulance Service. 5. Transportation The regional transportation system for this project is provided by County Road 55 and County Road 72. These roadways are twenty-five foot wide and have a granular surface. The interior subdivision roadway connects to County Road 72. Lawley Lane will be a gravel roadway which is thirty-four foot wide and is located within a sixty foot right-of-way and is classified as a local street. 6. Traffic Impact Study A Traffic Impact Study was not required for this project because of the minimal increase of traffic to the existing system. 7. Storm Drainage All stormwater runoff will be directed to a detention pond located at the east edge of the site. Historic discharge will be into the adjacent Nazerenus Irrigation Ditch. • 8. Utility Provisions • Electrical, telephone and water infrastructure is available for this subdivision. 9. Water Provisions Water service will be provided by the North Weld County Water District An eight inch water main in Weld County Road 55 will provide both domestic and fire flows to Lawley Estates P.U.D. 10. Sewage Disposal Provision All sewage disposal will be provided by Individual Sewage Disposal Systems (ISDS) for each lot Percolation tests completed for this area indicates that these systems are appropriate for this development 11. Structural Road Improvement Plan The proposed interior aggregate roadway will be constructed as per County Standards. COMPONENT THREE • Landscape Elements Landscaping for the Lawley Estates P.U.D. will be provided on each lot by the individual property owners. COMPONENT FOUR Site Design 1. Unique Site Features A local irrigation ditch, The Nazarenus Irrigation Ditch, traverse the easterly portion of the site. This ditch will provide a buffer between lots and provide a corridor for wildlife migration. 2. Consistency with Goals and Policies of Chapter 22 This project is consistent will the goals and policies of Chapter 22. 3. PUD Zoning Compatibility The proposed use is being developed for residential parcels. This is consistent with the • existing uses on adjacent parcels. • • 4. PUD Zoning Compatibility with Adjacent Land Uses The project will be adjacent to a similar residential uses along its south and east boundary. The project will be adjacent with agricultural property along its north and west boundaries. 5. Hazard Areas This project is not within a Flood Hazard, Geologic Hazard or Airport Overlay District. COMPONENT FIVE Common Open Space Usage Common Open Space is not provided for the project. COMPONENT SIX Signage Traffic control signs and street information signs will be installed at the intersection of County Road 55 and Lawley Lane. No other signing is anticipated for this project • COMPONENT SEVEN MUD Impact This project is not within a MUD area. COMPONENT EIGHT intergovernmental Agreements Impacts This project is not within an area governed by intergovernmental agreements. • PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT SUBMITTAL CHECKLIST The Planned Unit Development Final Plat is the third and final step of the Planned Unit Development process. In order . to proceed with the PUD Final Plat application, the site must be located within a PUD Zone District. The Department of Planning Services shall be responsible for processing all PUD Final Plat applications in the unincorporated areas of Weld County in accordance with Section 27-7-40 of the Weld County Code. The Department of Planning Services shall schedule a public meeting for the applicant with the Weld County Utility Coordinating Advisory Committee. It is recommended that the applicant attend all hearings scheduled for the Final Plan application in order to present the proposal and answer questions of the governing bodies. The Department of Planning Services may request additional information, application packets and/or fees that will aid in the review of the Final Plat application. APPLICATION REQUIREMENTS: Unless otherwise indicated in the Sketch Plan comments, the applicant shall submit the PUD Final Plat application fee and a total of twenty-five(25)packets of the required sketch plan application materials(The original plus twenty-four (24) copies)as follows: One copy of the recorded Change of Zone Plat which delineates the proposed uses. The original PUD Final Plat application plus twenty-four (24)additional copies. (attached) if If the PUD Change of Zone was submitted as a Conceptual Development Guide,the applicant shall submit one original copy plus twenty-four(24)copies of the Specific Development Guide as described in Article VI,Chapter 27 of the Weld County Code. The applicant shall address the eight(8)major components of the Development Guide. One copy of a Certificate of Ti If a issued by a title insurance company or an attorney's opinion of the title in accordance with Section 27-7-20.B of the Weld County Code. The Certificate of Title or opinion shall be completed within thirty(30) days of the application submission date. i A copy of a title commitment issued by a title insurance company or a title opinion by an attomey licensed to practice in the State of Colorado. The commitment or opinion shall set forth the names of all owners of property. The commitment or opinion shall include a list of all mortgages, judgments, liens, easements, contracts, and agreements of record in Weld County affecting the property described in the application. If the attorney's opinion or title commitment discloses additional holders or owners of such mortgages, judgments, liens, easements, contracts, or agreements, not party to the application, the Board may require them to join in and approve it. The title commitment or opinion shall be completed with thirty (30) days prior to the application submission date. One copy of a warranty deed or other suitable document ready to record which deeds to the appropriate public body all lands other than streets which are to be held for or used for public purposes. One copy of a Statement of Taxes from the County Treasurer showing no delinquent taxes or special assessments on the property of the proposed PUD final plan. One copy of a certificate from a qualified engineer in the State responsible for the design of the utilities. One copy of all deed restrictions,including those required by the Board of County Commissioners which govern the future use of all land in the PUD and, covenants, grants of easements or restrictions to be imposed upon • the use of the land, buildings and structures. Four copies of an improvements agreement according policy regarding collateral for improvements in accordance with Sections 2-3-30, 24-9-10 and 24-9-20 of the Weld County Code. 8 • One copy of evidence from the appropriate jurisdiction stating that the street and/or highway facilities providing access to the property are adequate in functional classification,width and structural capacity to meet the traffic Arrequirements of the uses of the proposed zone district. Four copies, if applicable, of a proposed off-site public road improvements agreement. The agreement shall be made in accordance with Section 27-7-30.J of the Weld County Code. A ") O Two copies of a PUD construction schedule in accordance with Section 27-7-30.K of the Weld County Code. ((A )1 Three copies of a statement describing the method of financing for the development in accordance with Section 27-7-30.L of the Weld County Code. r One(1)copy of affidavit and certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners' of property(the surface estate)within 500 feet of property being considered. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website, www.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. '� One (1) copy of affidavit and certified list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. One original and (twenty-four) 24 copies of a statement indicating that the proposed PUD final plan is in compliance and meets all criteria as set forth in the change of zone. The statement should demonstrate a detailed description of the uses on site and demonstrate how the development guide has been followed and • adhered to. Twenty-five (25) copies of final plan plat map in compliance with Section 27-9-20 the Weld County Code. tJ /A Twenty-five (25) copies of a Landscape Plan in compliance with Section 27-9-30 of the Weld County Code. V Twenty-five (25) copies of a utility map in compliance with Section 27-9-40 of the Weld County Code. / Four copies of any covenants, grants of easement, and restrictions imposed upon any land, buildings, and structures within the proposed PUD. / The original plus twenty-four(24) copies of the Weld County Road Access Information Sheet. (attached) Three copies of road plans. A complete estimate of costs shall accompany the road plans. Application fee (see front page). Investigation fee, if required (see front page). One each of the application, Specific Development Guide (if applicable), statement of compliance with the Change of Zone, Final Plan map, Landscape Plan map, Utility map and the road access information sheet shall be collated into twenty-five(25)application packets and bound with binder clips or paper clips only.The original copies shall be placed in one packet. Applications bound in any other fashion than binder or paper clip will be retumed to the applicant without review.All maps are to be folded to 9"by 12"and included with each individual packet. Additional required information shall be kept separate to be collated by Planning Staff. • S1-16,2 yQ�en A! . 6)0 6C G) — < C-..1t -9- • Report Date: 05/24/2006 03:55PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R2708304 • ASSESSED TO: LAW LEY SHERRY 26658 COUNTY RD 74 EATON, CO 80615 LEGAL DESCRIPTION: PT SE4 04-06-64 LOT B REC EXEMPT RE-3581 (1.5D2.19R) PARCEL: 080104400036 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 22.34 0.00 0.00 22.34 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 05/24/2006 0.00 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0205- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 6.28 AGRICULTUR 1,210 350 SCHOOL DIST RE2 31.503 11.01 NCW WATER 1.000 0.35 TOTAL 1,210 350 GALETON FIRE 3.814 1.33 AIMS JUNIOR COL 6.357 2.22 WELD LIBRARY 3.281 1.15 TAXES FOR 2005 63.855 22.34 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 •(970)353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are Evidence that, as of this date, all property taxes, special assessments and • Prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Sign �49��Date 1.2._///7 111111111111111111111111 III 111111111111 III 111111111 /III %s et 2970917 07/22/2002 11:13A Weld County, CO 917 1 of 7 R 35.00 D 0.00 J.A. "Saki" Tsukamoto RIGHT-OF-WAY AND EASEMENT AGREEMENT THIS RIGHT-OF-WAY AND EASEMENT AGREEMENT("Agreement")is made this 19th day of July, 2002, by and between Nazarenus Lateral Ditch Company, a Colorado corporation.,(hereinafter"First Party")and Mark Lawley and Sherry Lawley whose address is 26658 WCR 74, Eaton, CO 80615, (hereinafter "Second Party"). WITNESSETH: WHEREAS, First party owns a parcel of land in the County of Weld, State of Colorado described as: the North one-half of the Southeast Quarter (N%SE'/4) and the Southeast Quarter of the Southeast Quarter (SE'ASE'/4) of Section 4, Township 6 North, Range 64 West of the 6th P.M.; and WHEREAS, Second Party is purchasing the above described lands owned by First Party; and WHEREAS, the Nazarenus Lateral Ditch runs through the property hereinabove described; and WHEREAS, First Party desires to retain an exclusive easement and right-of-way for the ditch, roar and appurtenances on a portion of the above-described property,and a non- exclusive right-of-way and easement for the ditch, road and appurtenances on another portion of the above-described property. NOW, THEREFORE, in consideration of the understandings, mutual covenants, rights, duties, and obligations herein created, the parties hereto agree as follows: 1. All of the foregoing recitals are incorporated herein and made a part of this agreement. 2. An EXCLUSIVE RIGHT-OF-WAY AND EASEMENT, is hereby established, the metes and bounds description of which is attached hereto as Exhibit"A," and a diagram of the same is shown on attached Exhibit "C." 3. On the EXCLUSIVE RIGHT-OF-WAY AND EASEMENT described on attached Exhibit"A"and as shown on attached Exhibit"C,"said EXCLUSIVE RIGHT-OF-WAY AND EASEMENT shall be perpetual,exclusive and Second Party shall not be permitted to cross under or over said described EXCLUSIVE RIGHT-OF-WAY AND EASEMENT with any structure,fixture, property or appurtenance of any type or for any reason without first receiving written approval of First Party. 4. Also created and established is a NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT, the metes and bounds description of which is attached as Exhibit"B,"and a diagram of said NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT is shown on attached Exhibit "C". f 111111111111111111 !Mg��1111111111111111181 liii liii 2970917 07/2212002 11:13A Weld County, CO . 2 of 7 R 35.00 0 0.00 J.A. "Suki"Teukamoto 5. As to the NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT described on Exhibit "B" and shown on Exhibit "C," Second Party shall have the right to cross under and/or over said easement so long as any crossing does not cause damage, injure or harm First Party's right-of-way and easement, including but not limited to the ditch, road and any other appurtenances. 6. In crossing over or under First Party's NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT, any such crossing shall be done in such a manner as to not damage the easement, road, ditch, appurtenants or the embankments thereof and so as not to interfere in any with the flow of water in said ditch. Second Party shall always be required to restore First Party's easement including the ditch, road, bottoms, sides, banks and all other portions and appurtenances of First Party's ditch and easement to their original condition and at the sole cost and expense to Second Party. Second Party further agrees that any crossing underneath the ditch will be done at a depth of not less than three feet below the bottom of the ditch and any crossing will be clearly marked to show the location of such crossing. 7. The provisions of this Agreement shall bind the parties hereto, their heirs, successors, assigns, personal representatives and administrators; and the provisions of this Agreement shall constitute covenants running with the title to the lands described hereinabove. • FIRST PARTY: SECOND PARTY: NAZARENUS LATERAL DITCH COMPANY, a Colorado Corporation yen�: Mark Lawley r __ �- -C, `',c' ' G7 4. 't....... , C. �, 2�. . CZ •r Sherry Lawley 11 :I\ STATE OF. LORADO ) tC0 t7w°c�F ss. The foregoing instrument was acknowledged before me this lSA - day of July,2002 by Ccrtv�..yy:h . f as . n te.u. .1.- of the Nazarenus Lateral Ditch, a Colorado'torporation and Mark Lawley and Sherry Lawley. iriE3,5.$ MY HAND AND OFFICIAL SEAL. f on expires: 5 kclsit-.cc t.INDY !A \l‘t•-. �� • Ci : McCARTY orb Notary Public , q F:\KFLINAZARlM1$) U3ight of Way 8 Easement Agreement EXHIBIT "A" • LEGAL DESCRIPTION (EXCLUSIVE EASEMENT FOR THE NAZARENUS LATERAL DITCH) A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID. SECTION 4 AND CONSIDERING THE EAST LINE OF SAID SOUTHEAST QUARTER AS MONUMENTED TO BEAR NORTH 01° OS' 52" WEST, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 01° 08' 52" WEST, 40.00 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EXCLUSIVE EASEMENT BY THE FOLLOWING THIRTY-ONE (31 ) COURSES: 1 ) SOUTH 89° 27' 02" WEST, 164.05 FEET; 2) NORTH 01° 12' 45" WEST, 307.09 FEET; 3) NORTH 03° 38' 11" WEST, 173.84 FEET ; 4) NORTH 14° 43' 04" WEST, 25.09 FEET; 5) NORTH 30° 32' 32" WEST, 120.34 FEET; 6) NORTH 42° 45' 00" WEST, 205.47 FEET; 7) NORTH 31° 07' 50" WEST, 394.26 FEET; 8) NORTH 11° 58' 13" WEST, 183. 17 FEET; • 9) NORTH 01° 46' 17" WEST, 574.99 FEET; 10) NORTH 15° 03' 09" WEST, 154.83 FEET; 11 ) NORTH 43° 43' 57" WEST, 55.84 FEET; 12) NORTH 71° 19' 19" WEST, 145.24 FEET; 13) NORTH 47° 57' 42" WEST, 183.01 FEET; 14) NORTH 26° 36' 32" WEST, 120.50 FEET; 15) NORTH 50° 58' 07" WEST, 77.92 FEET; 16) NORTH 33° 34' 33" WEST, 279.24 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; 17) NORTH 89° 07' 57" EAST, 202.04 FEET ALONG SAID NORTH LINE; 18) SOUTH 33° 34' 33" EAST, 144.06 FEET; 19) SOUTH 50° 58' 07" EAST, 88.61 FEET; 20) SOUTH 26° 36' 32" EAST, 125. 14 FEET; 21 ) SOUTH 47° 57' 42" EAST, 115.82 FEET; 22) SOUTH 71° 19' 19" EAST, 151 .84 FEET; 23) SOUTH 43° 43' 57" EAST, 141 .04 FEET; 24) SOUTH 15° 03' 09" EAST, 218.08 FEET; 25) SOUTH 01° 46' 17" EAST, 579.62 FEET; • 26) SOUTH 11° 58' 13" EAST, 139.31 FEET; I IIIIII 111111111111 I1II III IIIII 1111111 III HMI VIII 2970917 07/22/2002 11:13A Weld County, CO 3 of 7 R 35.00 0 0.00 J.A. "Soli" Tsukamoto • 1111111M 111111111111 III III 11111111111 Ell 1111 2970917 0712212002 1 County, CO 4 of 7 R 35.00 D 0.00 J.A. "Saki"Tsukamoio • 27 ) SOUTH 31 ° 07' 50" LAST, 348.27 FEET; 28) SOUTH 42° 45' 00" EAST, 206.36 FEET; 29) SOUTH 30° 32' 32" LAST, 162. 14 FEET; 30) SOUTH 14° 43' 04" LAST, 77. 17 FEET; 31 ) SOUTH 01 ° 08' 52" EAST, 494.71 FEET TO THE TRUE POINT OF BEGINNING; SAID EXCLUSIVE EASEMENT CONTAINS 11 .6459 AIjRES, MORE OR LESS, AND 1S SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAYS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND; AND THREE LATERAL IRRIGATION DITCHES FROM SAID NAZARENUS LATERAL DITCH, SAIDEASE- MENTS BEING 30 FEET (30' ) WIDE AND EXTENDING FROM THE EXCLUSIVE EASEMENT DESCRIBED ABOVE TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, THE CENTERLINE OF SAID EASEMENTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LATERAL DITCH NO. 1 : COMMECING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 01° OB' 52" WEST, 1332.59 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86° 03' 27" WEST, 429.28 FEET TO THE EAST LINE OF SAID EXCLUSIVE EASEMENT; • LATERAL DITCH NO. 2: COMMENCING AT THE SOUTHEAST CORNER OF SAIDSECTION 4, THENCE NORTH 01° 08' 52" WEST, 678. 16 FEET ALONG THE EAST LINE or SAID SECTION 4 TO THE TRUL POINT OF BEGINNING; THENCE SOUTH 84° 31 ' 56" WEST, 54.48 FEET TO THE EAST LINE OF SAID EXCLUSIVE EASEMENT. LATERAL DITCH NO. 3: THIS CENTERLINE or THIS DITCH LIES NORTH 01° 08' 52" WEST, 484.04 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 4 AND ALL IS WITHIN SAID EXCLUSIVE EASEMENT. I do hereby certify that under my personal supervision, this .:''2 legal description was prepared on July 18,2002 c ' (`t,% . �o m:mi Gerald B. McRae, Professional Engineer and Land Surveyor, Colorado Reg. No 6616 :'+.., «,/A 45 ,��a 4':hAi4N.A1 • 2 o 2 • • • EXHIBIT B LEGAL DESCRIPTION (NON-EXCLUSIVE EASEMENT) A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6th P.M. , WELD COUNTY, COLO- RADO AND BEING MORE PARTICULARLY DESCRIBED•AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 4 AND CONSIDERING THE EAST LINE OF SAID SOUTHEAST QUARTER TO BEAR NORTH 01° 08' 52" WEST AS MONUMENTED AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 01° 08' 52" WEST, 40.00 FEET ALONG SAID EAST LINE; THENCE SOUTH 89° 27' 02" WEST, 164.05 FEET ; THENCE SOUTH 01° 12' 45" EAST, 40.00 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89° 27' 02" EAST, 164.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 0. 1506 ACRES, MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. • I do hereby certify that under my personal supervision, this legal description was prepared on July 18,2002 E%•, ay' ¢'. Gerald B. McRae, Professional Engineer and7,47 ae Land Surveyor, Colorado Reg. No 6616N�,��`ys `ww Al D Tr'0 I I"III IIII%II% I'llll I IIkitt III y,itt Nil 2970917 0712212020.00 J A• Suki'Tsulcamolo 5 01 7 R 35.00 D • EXHIBIT C • e41rr vreel_n41N 99LTWI 44.10441111, SCOW 4.T41e4111P a IPIM. PANIC M NOT DI i.e AN P.N..400 101411400. ® ' ONTO ICTKO OMEN 2-I/r Al1M1 a CAP SET NO WIMPS=BY L.S. 9944 a 1tJ000- ,RIT1N{UT 021771 CO 7I* UST HALF OI ME SOYINEAST*LIMITER: 2-I/1•µI/4 INM CAP SET NO•IOBCW!Y L.S. 9944 ON 14.2000. m ENT DIIMTM CONE* YI ALUMINA.PAP SR NO RIPOCP 11Y L.S.2J'I3 0e I2-411502. S IOII ST 0:70107 OF THE 'GUINNESS C4MTP 01 TIE 311PPST WMTU1: 5-ur µ1MINN GAP SR MO NAIRN=EY 1.5. '242 1M 6-11-1002. Q CORP 031011 DE TN scummy QWRP: S-I/4^ALINIIYI CM`SPY NO IEI- ERICPD ST L.P. 7742 OI 6- IT- NOD. Q ,001R CD AST C$at Pt SCUT DSY OMAHA 9644 D 2-2-SOUTHEAST P WTP: 2-sir A MO • SOMA WORM COINER: 7-1/]'ALWINM CAP NT NO RIERRID SY 1.5. 9644 P 1-41035. • Sw mstst aeons DI THP SWTMASI WANTS Of IMP SwMU51*PATE* t-1/2 NUNN I DM XI 4O RTEIMIC.ED it 1.1. 9944 ON 1-6-1.04. Q sRMGST IIRIa GOOIER, I-I/4'ALwIMM GM SET MD W1 CCPD Hr 1.5. 7247 P•22.1021. 'lam- 7O I /20' 50' • Uebt cif_ Eest • TvieoltDitth Section • Minn.,*r.Md:Lb 1Liz delete MAn+ist Described O Plowmen% Sat Me.4 Reber../Cy lb lab Unleie OM41NM Described 111111111111111111111111 Ili 111111111111 III 11111 Illl 1111 • 2970917 07/22/2002 11:13A Weld County, CO 6 of 7 R 36.00 D 0.00 J.A. "Suki" Tsukamoto 2 of 2 • EXHIBIT C • NW Cot.a4 tke E''e ® E1/4Ne1•0'S 7E a252b/ .4 '. SE 7/4 • 1411.01 Sr E un 3s a 1j) 101 O O t� EV E I a-A .61 3--a" NE'A SE F N C a N Y USN T� W a N A- 4- soc VI ^ W N NC ore in I al „3 w a AlifiV co 14 's N w i m �g I II Ln �L'rrr Lateral WO, ©Canter Ca.ofI I Me.1 b RE CN. .4 th. • M. DE H4-- �--rfl t—W1114 SF 4.AM.SE Y4 N • \ Jam' 5E Y4 3E y4 \�\ Scale l"_40O PSMES 760°, �\ taci 'Cf_� in Lateral Dal" A,e.t �l- Ne 2 W Grew. ern111.5j11 A.' o Red RgYr.L7079 Act 6 NEYfIr'!T•E S5.p5' Net. //4.8Z 1 Au L.t.r.t o.td ' s (3)-i i N.3 4) I VJ� 40'N.e'[sabre E.al I I 5.1. 7.02b 275.57• Id I...r...tA...•.:.1 SW C.g of hat' - - _ _ _ _ ' SE Y4 .4 a.. LWWCA72 O 5t Cr Sec .2 144,1ot beta i.5 .p SE Tea,REIN pen 6Je<..e Ewer — sr ew Rwvr.v NW et ers MWn ears me I1/IMN4ria• IN N4/INN II w r INNS n Mena MN!Mawr.IN C LS in is .Jr ow N_.n,NW MS IN SS.SPONIMOMOK N.aI TOM—MC II est amen re mama.i.TS me airman ANT NN1 Neat MS Iln.a— .,a• AN Ynr MINN MINN WY✓na NI neer Mrtref NI MINI Sfe. N S III aetnw S. OW jar SOWN N.ION nwr N eaIIIrwrs NNW N.I tar SIN NOM WV OCT SI NC m.w.Nw NtNN aewe.. McRAE % SHORT INC. /rAr nw AVEwan:can ears Ill realm••• MN a. •r am ree nit La •. LAND SUAYEY PLAT I DITCH EASEMENTS 1 of 2 _ s er 1 ate. _ E.ton CO. " — — , ti A. We _1• 4 4 64 am 1 • ,s ai ,.. 4 fip DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR • LAWLEY ESTATES • r.:Yt.► `TO P-^^ C°4„...) T� ► r (OK�I ) Name of Common Interest Community: LAWLEY ESTATES Name of Owners Association: LAWLEY ESTATES OWNERS ASSOCIATION,INC. Declarant: SHERRY LAWLEY Type of Common Interest Community: PLANNED COMMUNITY • i rItt L- 508"" • TABLE OF CONTENTS PREAMBLE 1 WITNESSETH 1 ARTICLE 1 - DEFINITIONS 1.1. Act 2 1.2. Agency 2 1.3. Architectural Design Standards 2 1.4. Articles 2 1.5. Annual Assessment 2 1.6. Assessments 2 1.7. Association 2 1.8. Association Documents 2 1.9. Builder 2 1.10. Bylaws 2 1.11. Clerk and Recorder 3 1.12. Common Elements 3 1.13. Common Expenses 3 • 1.14. Declaration 3 1.15. Executive Board 3 1.16. First Mortgage 3 1.17. First Mortgagee 4 1.18. Improvements 4 1.19. Lot 4 1.20. Manager 4 1.21. Member 4 1.22. Mortgage 4 1.23. Mortgagee 4 1.24. Notice 4 1.25. Owner 4 1.26. Parcel 5 1.27. Plat 5 1.28. Project 5 1.29. Property 5 1.30. Related User 5 1.31. Rules and Regulations 5 1.32. Single Family 5 1.33. Successor Declarant 5 1.34. Supplemental Declaration 5 • ii • 1.35. Supplemental Plat 5 1.36. Undefined Terms 5 1.37. Unit 5 ARTICLE 2 - NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION OF INTEREST 2.1. Name 6 2.2. Existing Property 6 2.3. Expansion Property 6 2.4. Maximum Number of Units 6 2.5. Identification of Units 6 2.6. Description of Units 6 2.7. Allocation of Interests 6 ARTICLE 3 - MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION STRUCTURE AND OPERATIONS 3.1. Association Name 6 3.2. Transfer of Membership 6 3.3. Membership 7 • 3.4. Voting 7 3.5. Declarant Control 7 3.6. Books and Records 7 3.7. Manager 7 3.8. Cooperation with Other Associations 7 3.9. Rights of Action 8 3.10. Implied Rights and Obligations 8 ARTICLE 4 - POWERS OF THE EXECUTIVE BOARD 8 ARTICLE 5 - MECHANICS' LIENS 5.1. No Liability 10 5.2. Indemnification 10 5.3. Association Action 10 ARTICLE 6 — EASEMENTS 6.1. Recorded Easements 10 6.2. Utility Easements 11 • iii 6.3. Reservation of Easements, Exceptions and Exclusions 11 • 6.4. Use of Easement Area 11 6.5. Emergency Access Easement 11 6.6. Easement of Lawley Lane to Lot 4 11 ARTICLE 7 - MAINTENANCE 7.1. Maintenance by Owners 12 7.2. Maintenance by Association 12 7.3. Association Maintenance as Common Expense 12 ARTICLE 8 - INSURANCE 8.1. General Insurance Provisions 12 8.2. Property and Commercial General Liability Insurance 13 8.3. Fidelity Insurance 13 8.4. Workers'Compensation Insurance 14 8.5 Directors, Officers and Members Liability Insurance 14 8.6. Notice 14 8.7. Common Expenses 14 8.8. Other 14 • ARTICLE 9— ASSESSMENTS 9.1. Obligation 14 9.2. Budget 14 9.3. Annual Assessments 14 9.4. Apportionment of Annual Assessments 15 9.5. Special Assessments 15 9.6. Default Assessments 16 9.7. Effect of Nonpayment; Assessment Lien 16 9.8. Personal Obligation 17 9.9. Payment by Mortgagee 17 9.10. Statement of Status of Assessment Payment 17 9.11. Maintenance of Accounts;Accounting 17 ARTICLE 10-RESERVED SPECIAL DECLARANT RIGHTS 10.1. Special Declarant Rights 17 10.2. Construction: Declarant's Easement 18 10.3. Declarant's Property 18 10.4. Limitations on Special Declarant Rights 18 10.5. Interference With Special Declarant Rights 18 • iv • 10.6. Rights Transferable 18 ARTICLE 11 -ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS 11.1. Association Power 19 11.2. Review 19 11.3. No Review 19 11.4. Membership of Architectural Review Committee 20 11.5. Plan Review Procedure 20 11.6. Notice of Completion 22 11.7. Remedies Upon Noncompliance 22 11.8. Authority to Hire, Assess Costs, and Raise Funds 23 11.9. Records 23 11.10. Restrictions on Use 23 11.11. Waivers; No Precedent 30 ARTICLE 12-MORTGAGEE'S RIGHTS 12.1. Distribution of Insurance or Condemnation Proceeds 31 12.2. Right to Pay Taxes and Charges 31 12.3. Audited Financial Statement 31 • 12.4. Notice of Action 31 12.5. Action by Mortgagee 31 ARTICLE 13-DURATION OF COVENANTS AND AMENDMENT 13.1. Term 32 13.2. Amendment 32 13.3. Declarant Rights 32 13.4. Execution of Amendments 32 13.5. Revocation 32 ARTICLE 14-WELD COUNTY'S RIGHT TO FARM 14.1. Rural Weld County 32 14.2. Agricultural Uses 33 14.3. Rural Services 33 14.4. Parental Supervision 33 • • ARTICLE 15-GENERAL PROVISIONS 15.1. Restriction on Declarant Powers 33 15.2. Enforcement 34 15.3. Registration of Mailing Address 34 15.4. Limitation on Liability 34 15.5. No Representations or Warranties 34 15.6. Disclaimer Regarding Safety 34 15.7. Severability 35 15.8. Conflicts Between Documents 35 15.9. Conflict With Act 35 EXHIBIT A LEGAL DESCRIPTION 36 EXHIBIT B PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION 37 • • vi DECLARATION OF • COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LAWLEY ESTATES (A Common Interest Community) PREAMBLE THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the "Declaration") is made on the date hereinafter set forth by SHERRY LAWLEY,hereinafter referred to as"Declarant." WITNESSETH : WHEREAS, Declarant is the owner of a parcel of land located in the County of Weld, State of Colorado, as described on Exhibit A attached hereto. WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and • general plan: (i) to protect and enhance the quality, value, desirability, and attractiveness of all property that may be subject to this Declaration; (ii) to provide for an Association as a vehicle to perform certain functions for the benefit of Owners of Property which may become subject to this Declaration; (iii) to define duties, powers, and rights of the Association; and (iv) to define certain duties, powers, and rights of Owners of Property subject to this Declaration with respect to the Association and with respect to the functions undertaken by the Association. NOW THEREFORE,Declarant for itself,its successors and assigns,hereby declares that all property herein or hereafter made subject to this Declaration,in the manner hereinafter provided,and each part thereof shall, from the date the same becomes subject to this Declaration,be owned,held, transferred,conveyed,sold,leased,rented,hypothecated,encumbered,used,occupied,maintained, altered, and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other provisions set forth in this Declaration for the duration thereof,all of which shall run with the title to such property and be binding upon all parties having any right, title, or interest in said property or any part thereof and upon their heirs, personal representatives, successors, and assigns and shall inure to the benefit of each party having any such right, title, or interest in said property or any part thereof. • 1 ARTICLE 1 -- DEFINITIONS • The following words when used in this Declaration or any Supplemental Declaration, the Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto, shall have the following meanings: 1.1. Act shall mean and refer to the Colorado Common Interest Ownership Act found in Title 38 of the Colorado Revised Statutes. Any reference in the Association Documents to the Act or a section of the Act shall refer to the Act as presently enacted or subsequently amended. 1.2. Agency shall mean any agency or corporation that purchases or insures residential mortgages. 1.3. Architectural Design Standards shall mean design standards adopted by the Architectural Review Committee from time to time that govern the quality of workmanship, color of materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation and the master drainage plan and all other appearances of buildings and structures in the Project. 1.4. Articles shall mean the Articles of Incorporation for Lawley Estates Owners Association,Inc.,a Colorado nonprofit corporation,and any amendments that may be made to those Articles from time to time. 1.5. Annual Assessment shall mean the Assessment levied pursuant to an annual budget. 1.6. Assessments shall mean the Annual, Special, and Default Assessments levied pursuant to the terms of this Declaration. Assessments are also referred to as a Common Expense liability as defined under the Act. 1.7. Association shall mean Lawley Estates Owners Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. 1.8. Association Documents shall mean this Declaration and any Supplemental Declaration, the Articles of Incorporation, the Bylaws, the Plat and any procedures, rules, regulations, Architectural Design Standards, or policies adopted under such documents by the Association. 1.9. Builder shall mean any person who acquires from Declarant one or more Lots for the purpose of constructing thereon a building and selling such building, together with the Lot upon which it is situated to any member of the general public. 1.10. Bylaws shall mean the Bylaws adopted by the Association,as amended from time to time. • 2 1.11. Clerk and Recorder shall mean the office of the Clerk and Recorder in the County of Weld, State of Colorado. 1.12. Common Elements shall mean all real and personal property,including water rights, and including all Common Elements as designated on the Plat, now or hereafter owned by the Association for the common use and enjoyment of the Owners. Common Elements shall also mean and refer to any and all personal property and Improvements owned or leased by the Association and shall include, by way of example but without limitation, any exterior signage which identifies the subdivision, the bus stop, exterior lighting, irrigation systems (including ditches and culverts), recreation equipment, and any other personal property owned by the Association. The Common Elements are to be devoted to the common use and enjoyment of the Owners (subject to the provisions hereof) and are not dedicated for use by the general public except as indicated on the subdivision Plat and the real estate records of the Clerk and Recorder of Weld County, Colorado. Common Elements shall be owned by the Association. In no event shall the Common Elements fail to be transferred to the Association on a date which is not later than sixty (60) days after the completion of the transfer of all Lots from the Declarant or the Declarant's successors and assigns to third party purchasers. Each Owner and members of the Owner's family residing on the Project may use the appurtenant Common Elements in accordance with the purpose for which they are intended,without hindering or encroaching upon the lawful rights of any of the other Owners. The Executive Board may adopt Rules and Regulations governing the use of the Common Elements,but such Rules and • Regulations shall be uniform and nondiscriminatory. Each Owner, by the acceptance of his or her deed or other instrument of conveyance or assignment and such Owner's guests agree to be bound by any such adopted Rules and Regulations. 1.13. Common Expenses shall mean: (i) all expenses expressly declared to be common expenses by this Declaration or by the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing, or replacing the Common Elements; (iii) insurance premiums for the insurance required or permitted under this Declaration; and (iv) all expenses lawfully determined to be Common Expenses by the Executive Board. Common Expenses benefitting fewer than all the Units may, in the discretion of the Executive Board, be assessed exclusively against those Units benefitted. 1.14. Declaration shall mean this Declaration and the Plat and amendments and supplements to the foregoing. 1.15. Executive Board shall mean the governing body of the Association. 1.16. First Mortgage shall mean any Mortgage that is not subject to any monetary lien or encumbrance except liens for taxes or other liens that are given priority by statute. • 3 1.17. First Mortgagee shall mean any person named as a Mortgagee or beneficiary in any • First Mortgage, or any successor to the interest of any such person under such First Mortgage. 1.18. Improvements shall mean and refer to all improvements now or hereafter constructed including, without limitation, all buildings, exterior lighting, signs, benches, walks, driveways, patios, decks, sheds, hot tubs, pools, landscaping (including pasture grass), fencing, irrigation and drainage systems(including ditches and culverts),site grading,and parking areas within the Project. 1.19. Lot shall mean and refer to any numbered area of land designated for separate ownership or occupancy as shown on the recorded Plat. Lot shall also mean a"Unit"as defined in C.R.S. § 38-33.3-103 as originally enacted or subsequently amended. Lot shall not include any Common Elements including outlots. 1.20. Manager shall mean a person or entity engaged by the Association to perform certain duties,powers,or functions of the Association, as the Executive Board may authorize from time to time. 1.21. Member shall mean and refer to every person or entity that holds membership in the Association by virtue of the ownership of a Unit. 1.22. Mortgage shall mean any mortgage, deed of trust or other document pledging any Residential Unit or interest therein as security for payment of a debt or obligation. • 1.23. Mortgagee shall mean any person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such person under such Mortgage. 1.24. Notice shall mean and refer to: (i) written notice hand delivered or sent by prepaid United States mail to the mailing address of a Unit or to any other mailing address designated in writing by the Unit Owner or to the last known address of the intended recipient, or (ii) notice through an Association publication which is hand delivered or sent by prepaid United States mail to the Units; or (iii) notice delivered by electronic mail or facsimile to an Owner at the electronic mail address or facsimile number designated by the Owner. 1.25. Owner shall mean any person,corporation,partnership, association, contract seller, or other legal entity or any combination thereof,including Declarant,who owns the record fee simple interest in a portion of one or more Lots and shall include the purchaser under any executory land sales contract wherein the Administrator of Veterans' Affairs is the seller, whether or not recorded, and whether owned by said Administrator or his assigns. The term Owner shall include any grantee, transferee, heir, successor, personal representative, executor, administrator, devisee, and assign of any Owner but shall not refer to any Mortgagee as herein defined or other person or entity having an ownership interest in any portion of a Lot merely as security for the performance of an obligation, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. • 4 1.26. Parcel shall mean each platted, numbered, and recorded division of vacant land as • depicted on the Plat. 1.27. Plat shall mean that part of this Declaration that is a land survey Plat recorded in the real estate records of Weld County, Colorado, depicting any portion of the Property subject to this Declaration. 1.28. Project shall mean the common interest community created by this Declaration and as shown on the Plat. 1.29. Property shall mean the real property described in Exhibit A. 1.30. Related User shall mean any member of the family of an Owner who resides with such Owner, guests and invitees of an Owner, employees and agents of an Owner, and occupants, tenants, and contract purchasers residing in a Unit. 1.31. Rules and Regulations shall mean those rules and regulations as may be adopted by the Board of Directors for the management,preservation,safety,control and orderly operation of the Project and governing the use of the Common Elements provided, however, that such Rules and Regulations shall be uniform and nondiscriminatory. Copies of all such Rules and Regulations shall be furnished to Owners prior to the time that they become effective. • 1.32. Single Family shall mean an individual living alone,or any number of persons living together as a single household who are interrelated by blood, marriage, adoption or other legal custodial relationship; or not more than two (2) unrelated adults and any number of persons related to those unrelated adults by blood, adoption, guardianship or legal custodial relationship. 1.33. Successor Declarant shall mean any person or entity to whom Declarant assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and Recorder. 1.34. Supplemental Declaration shall mean an instrument which amends this Declaration. 1.35. Supplemental Plat shall mean a supplemental plat of the Project which depicts any change in the Project through a Supplemental Declaration. 1.36. Undefined Terms.Each term not otherwise defined in this Declaration,including the Plat, shall have the same meaning specified or used in the Act. 1.37. Unit shall mean a physical portion of the common interest community which is designated for separate ownership or occupancy as shown on the recorded Plat. Unit shall not include any Common Elements including outlots. • 5 • ARTICLE 2-NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION OF INTERESTS 2.1. Name. The name of the Project is Lawley Estates. The Project is a planned community pursuant to the Act. 2.2. Existing Property. The real property which is and shall be held, transferred, sold, conveyed,and occupied subject to this Declaration is located in Weld County,Colorado,and is more particularly described on Exhibit A. 2.3. Expansion Property. The real property which is and shall be held,transferred, sold conveyed, and occupied subject to this Declaration may be expanded only as specifically provided in this Declaration and which is more particularly described on Exhibit B attached hereto. 2.4. Maximum Number of Units. Declarant reserves the right to create up to a total of thirty-five(35) Units. 2.5. Identification of Units. The identification number of each Unit is shown on the Plat. 2.6. Description of Units. Each Unit presently consists of surveyed and platted undeveloped vacant land. • 2.7. Allocation oflnterests. The Common Expense liability and voting in the Association are allocated to each Unit as follows: a. The percentage of liability for Common Expenses shall be determined by using a formula in which the numerator is one(1)and the denominator is the total number of Units subject to this original Declaration, or subject to this Declaration from time to time; and b. There shall be one (1) vote per Unit. ARTICLE 3- MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION STRUCTURE AND OPERATIONS 3.1. Association Name. The name of the Association shall be Lawley Estates Homeowners Association, Inc.. Every Owner of a Unit shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Unit. 3.2. Transfer of Membership. An Owner shall not transfer, pledge, or alienate their membership in the Association in any way, except upon the sale or encumbrance of their Unit and • 6 then only to the purchaser or Mortgagee of their Unit. The Association shall not create a right of first • refusal on any Unit and Owners may transfer ownership of their Units free from any such right. 3.3. Membership. The Association shall have one class of membership consisting of all Owners, including the Declarant so long as Declarant continues to own an interest in a Unit.Except as otherwise provided for in the Association Documents, each Member shall be entitled to vote in Association matters as set forth in this Declaration and the Bylaws. Each Owner, including Declarant while Declarant owns any Unit, is subject to all the rights and duties assigned to Owners under the Association Documents. 3.4. Voting. There shall be one vote per Unit. 3.5. Declarant Control. Declarant shall be entitled to appoint and remove the members of the Association's Executive Board and officers of the Association to the fullest extent permitted under the Act and as set forth in the Association Documents. Declarant may voluntarily relinquish such power by recording a notice executed by Declarant with the Clerk and Recorder but, in such event, Declarant may at its option require that during the period Declarant would otherwise be entitled to appoint and remove directors and officers, specified actions of the Association or the Executive Board as described in the recorded notice be approved by Declarant before they become effective. 3.6. Books and Records. The Association shall make available for inspection, upon • request, during normal business hours or under other reasonable circumstances, to Owners and to Mortgagees, current copies of the Association Documents and the books, records, and financial statements of the Association prepared pursuant to the Bylaws. The Association may charge a reasonable fee for copying such materials. 3.7. Manager. The Association may employ or contract for the services of a Manager to whom the Executive Board may delegate certain powers,functions, or duties of the Association,as provided in the Bylaws of the Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the Executive Board. 3.8. Cooperation with Other Associations. The Association shall have the right and authority at any time,from time to time,to enter into agreements and otherwise cooperate with other homeowner association(s) and/or any district(s), to share the costs and/or responsibility for any maintenance, repair, replacement or other matters, to perform maintenance, repair or replacement for any person(s) in consideration of payment or reimbursement therefor, to utilize the same contractors, subcontractors,managers or others who may perform services for the Association,any other homeowner association(s) and/or any district(s), or to otherwise cooperate with any other homeowner association(s) and/or any district(s) in order to increase consistency or coordination, reduce costs,or as may otherwise be deemed appropriate or beneficial by the Executive Board in its discretion from time to time. The costs and expenses for all such matters, if any, shall be shared or apportioned between the Association and/or any other homeowner association(s) and/or any • 7 district(s),as the Executive Board may determine in its discretion from time to time. Additionally, • the Association shall have the right and authority at any time, from time to time, to enter into agreements and otherwise cooperate with any other homeowner association(s)and/or any district(s) to collect assessments,other charges or other amounts which may be due to such entity and to permit any such entity to collect assessments, other charges or other amounts which may be due to the Association; in any such instance, the Association shall provide for remittance to such entity of any amounts collected by the Association or to the Association of any amounts collected by such entity. 3.9. Rights of Action. The Association on behalf of itself and any aggrieved Owner,shall be granted a right of action against any and all Owners for failure to comply with the provisions of the Association Documents, or with decisions of the Executive Board made pursuant to authority granted to the Association in the Association Documents. In any action covered by this section,the Association or any Owner shall have the right, but not the obligation, to enforce the Association Documents by any proceeding at law or in equity, or as set forth in the Association Documents, or by mediation or binding arbitration if the parties so agree. The prevailing party in any arbitration or judicial relief shall be entitled to reimbursement from the non-prevailing party or parties, for all reasonable costs and expenses,including attorney fees in connection with such arbitration or judicial relief. Failure by the Association or by any Owner to enforce compliance with any provision of the Association Documents shall not be deemed a waiver of the right to enforce any provision thereafter. 3.10. Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents,by the Act,and by the Colorado • Revised Nonprofit Corporation Act. ARTICLE 4 - POWERS OF THE EXECUTIVE BOARD 4.1. Powers. Except as provided in the Bylaws and the Act,the Executive Board may act in all instances on behalf of the Association, to: a. Adopt and amend bylaws and rules and regulations and Architectural Design Standards; b. Adopt and amend budgets for revenues, expenditures and reserves, and collect Assessments; c. Hire and terminate managing agents and other employees, agents, and independent contractors; d. Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Project; • 8 e. Make contracts and incur liabilities; • 1. Regulate the use, maintenance, repair, replacement, and modification of Common Elements, if any; g. Cause additional Improvements to be made as a part of the Common Elements, if any; h. Acquire, hold, encumber, and convey in the name of the Association any right, title, or interest to real or personal property, except that Common Elements, if any,may be conveyed or subjected to a security interest only if Members entitled to cast at least eighty percent (80%) of the votes agree to that action; notwithstanding the foregoing, the Association may dedicate or transfer all or any portion of the common area to any governmental authority; i. Grant easements, leases, licenses, and concessions through or over the Common Elements, if any; j. Annex additional property, pursuant to the terms of this Declaration; k. Impose and receive any payments, fees or charges for the use, rental, or operation of the Common Elements, if any; • 1. Impose charges for late payment of Assessments,recover reasonable attorney fees and other legal costs for collection of Assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and after Notice and opportunity to be heard, levy reasonable fines for violations of the Association Documents; m. Impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid Assessments; n. Provide for the indemnification of its officers and Executive Board and maintain directors' and officers' liability insurance; o. Assign its right to future income,including the right to receive Assessments; p. Exercise any other powers conferred by the Declaration or Association Bylaws; q. Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association; • 9 r. Delegate powers to a master association as provided in C.R.S. §38-33.3-220. • If powers are delegated to a master association, the executive board of the master association must be elected pursuant to C.R.S. §38-33.3-220. s. Merge or consolidate the project with another common interest community of the same form of ownership. t. Exercise any other powers necessary and proper for the governance and operation of the Association. ARTICLE 5 - MECHANICS' LIENS 5.1. No Liability. If any Owner shall cause any material to be furnished to their Unit or any labor to be performed therein or thereon, no Owner of any other Unit shall under any circum- stances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen, and other persons furnishing labor or materials to their Unit. 5.2. Indemnification. If, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the Common Elements,if any, • or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner or Owners, within twenty (20) days after the date of filing thereof,and further shall indemnify and hold all the other Owners and the Association harmless from and against any and all costs,expenses,claims,losses,or damages including,without limitation, reasonable attorney fees resulting therefrom. 5.3. Association Action. Labor performed or materials furnished for the Common Elements, if any, if duly authorized by the Association in accordance with this Declaration or its Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements, if any. Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against an individual Unit or Units. ARTICLE 6 — EASEMENTS 6.1. Recorded Easements. The Property shall be subject to all easements as shown on any Plat,those of record,those provided in the Act(including easements for encroachment set forth in Section 214 of the Act and an easement for maintenance of any such encroachment), and otherwise as set forth in this Article. • 10 6.2. Utility Easements. There is hereby created an easement as denoted on the Plat for • ingress and egress, installation, replacing,repairing and maintaining all utilities, including,but not limited to water, sewer, gas, telephone, cable TV, electricity, drainage, and fences. Said easement includes future utility services not presently available to the Units which reasonably may be required in the future. By virtue of this easement, it shall be expressly permissible for the companies providing utilities to erect and maintain the necessary equipment within such easement on any of the Units. 6.3. Reservation of Easements,Exceptions and Exclusions. The Association is hereby granted the right to establish from time to time, by declaration or otherwise, utility and other easements,permits,or licenses over the Common Elements and Lots, for the best interest of all the Owners and the Association. However, no such easement shall unreasonably interfere with an Owner's use of their Lot. Each Owner is hereby granted a perpetual non-exclusive right of ingress to and egress from the Owner's Unit over and across the Common Elements appurtenant to that Owner's Unit,which right shall be appurtenant to the Owner's Unit,and which right shall be subject to limited and reasonable restriction on the use of Common Elements, if any, set forth in writing by the Association. 6.4. Use of Easement Area. Within reserved easements, as shown on recorded Plats, or herein reserved,there shall be no structure,tree or shrub planting, or any other material installation which may damage or interfere with the installation or maintenance of utilities such as plumbed gas or water lines,wired electrical, cable television, or telephone utility lines. A Unit Owner shall not • alter, inhibit, or change the direction of water flow in drainage channels established in said easements or in any way that discharges drainage onto adjacent Units. The easement area of each Unit and all Improvements in it, including fences, shall be maintained continuously in good repair by the Owner of said Unit, except for those Improvements for which a public utility shall be responsible.It shall be the responsibility of the Unit Owner to notify with due speed the appropriate public utility of any known flaws, defects, or damage to any utility Improvements on said Owners Unit. 6.5. Emergency Access Easement. A general easement is hereby granted to all police, Sherryff, fire protection,ambulance,and other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties. 6.6. Easement of Lawley Lane to Lot 4. An easement for use of Lawley Lane will be granted to Lot 4,Lawley Estates,being a part of Lot B,Recorded Exemption No.0801-4-4 RE-3581, situate in a portion of the Southeast Quarter of Section 4, Township 6 North, Range 64 West of the 6'h Principal Meridian, County of Weld, State of Colorado. Lot 4 shall have a permanent, non- exclusive easement for ingress and egress on, over and across Lawley Lane. Said easement cannot be revoked, and this Declaration cannot be amended to in any way affect this easement without the consent of the owners of Lot 4. Lot 4 shall not be responsible for any costs associated with Lawley Lane, including maintenance and snow removal. • 11 • ARTICLE 7- MAINTENANCE 7.1. Maintenance by Owners. It shall be the duty and obligation of each Owner,at such Owner's expense, to maintain, repair, or replace all portions of such Owner's Unit and any Improvements located thereon, including driveways, sidewalks, patios and courtyards. 7.2. Maintenance byAssociation(except as setforth in Article 7,§7.1). The Association shall be responsible for the maintenance and repair of the Common Elements as shown on the Plat, and such maintenance and repair shall be the Common Expense of all Owners. This maintenance of the Common Elements shall include, but shall not be limited to, upkeep, repair and replacement of all landscaping,walls,fences,gates,signage,irrigation systems,and Improvements located in the Common Elements. The Association shall maintain Lawley Lane, including grading and snow removal. A plan shall be developed by the Association to maintain roadways within the subdivision, especially during inclement weather conditions for emergency vehicles. In the event the Association does not maintain or repair the Common Elements, Declarant shall have the right, but not the obligation, to do so at the expense of the Association. 7.3. Association Maintenance as Common Expense. The cost of maintenance and repair by the Association shall be a Common Expense of all of the Owners, to be shared by each Owner equally. If maintenance is necessitated by damage caused by the negligence,misuse,or tortuous act of an Owner or Owner's agent, then the person or Owner causing the damage shall be responsible • for the repair and expense. ARTICLE 8 -INSURANCE 8.1. General Insurance Provisions. The Association shall acquire and pay for,out of the Assessments levied in accordance with this Declaration, any insurance policies required by the Act and such other insurance as the Executive Board may, within its discretion, determine. Such insurance required by this Article or the Act shall conform to the requirements set forth in C.R.S. §38-33.3-313(4)(a)-(d) which are as follows: a. Each Unit Owner is an insured person under the policy with respect to liability arising out of such Unit Owner's interest in the Common Elements or membership in the Association. b. The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his household. c. No act or omission by any Unit Owner,unless acting within the scope of such Unit Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy. • 12 • d. If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. 8.2. Property and Commercial General Liability Insurance. Commencing not later than the time of the first conveyance of a Lot to a person other than Declarant, the Association shall maintain,to the extent reasonably available: a. Insurance on Common Elements. Property insurance on the Common Elements and also on property that must become Common Elements for broad form covered causes of loss, except that the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. b. Commercial General Liability Insurance. Commercial general liability insurance in a minimum amount of one million dollars ($1,000,000.00) or otherwise larger amount deemed sufficient in the judgment of the Executive Board against claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements, insuring the • Executive Board,the Association,the management agent,and their respective employees, agents, and all persons acting as agents. The Declarant shall be included as an additional insured in such Declarant's capacity as the Unit Owner and board member: The Unit 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. The insurance shall cover claims of one or more insured parties against other insured parties. 8.3. Fidelity Insurance. Fidelity insurance or fidelity bonds may be maintained by the Association to protect against dishonest acts on the part of its officers, directors, trustees, independent contractors, employees, and on the part of all others, including any Manager hired by the Association,who handle or are responsible for handling the funds belonging to or administered by the Association.In addition, if responsibility for handling funds is delegated to a Manager, such insurance must be obtained by or for the Manager and its officers, employees, and agents, as applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain waivers of all defenses based upon the exclusion of persons serving without compensation from the definition of"employees"or similar terms or expressions. • 13 8.4. Workers' Compensation Insurance. The Executive Board shall obtain workers' • compensation or similar insurance with respect to its employees, if applicable, in the amounts and forms as may now or hereafter be required by law. 8.5 Directors, Officers and Members Liability Insurance. The Association may maintain liability coverage to protect Directors, Officers and Committee Members from any acts or omissions committed in their capacity as a director, officers or committee member. 8.6. Notice. If any insurance required by this Article is not reasonably available,or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained,the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners. 8.7. Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses. 8.8. Other. An insurance policy issued to the Association does not obviate the need for Owners to obtain insurance for their own benefit. ARTICLE 9 — ASSESSMENTS • 9.1. Obligation. Each Owner, including Declarant while an Owner of any Unit, is obligated to pay to the Association: (i)the Annual Assessments; (ii) Special Assessments; and(iii) Default Assessments. 9.2. Budget. Within ninety(90) days after the adoption of any proposed budget for the Common Interest Community, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider the budget. Such meeting shall occur within a reasonable time after mailing or other delivery of the summary, or as allowed for in the Bylaws. The Executive Board shall give notice to the Owners of the meeting as allowed for in the Bylaws. The budget proposed by the Executive Board does not require approval from the Owners and it will be deemed approved by the Owners in the absence of a veto at the noticed meeting by a majority of all Owners, whether or not a quorum is present. In the event that the proposed budget is vetoed, the periodic budget last proposed by the Executive Board and not vetoed by the Owners must be continued until a subsequent budget proposed by the Executive Board is not vetoed by the Owners. 9.3. Annual Assessments. Annual Assessments made for Common Expenses shall be based upon the estimated cash requirements as the Executive Board shall from time to time determine to be paid by all of the Owners. Estimated Common Expenses shall include,but shall not be limited to, the cost of routine maintenance and operation of the Common Elements, if any, expenses of management and insurance premiums for insurance coverage as deemed desirable or necessary by the Association, landscaping of the Property, care of grounds within the Common • 14 Elements,if any,routine repairs,replacements and renovations within and of the Common Elements, if any, wages, common water and utility charges for the Common Elements, if any, legal and accounting fees,management fees,expenses and liabilities incurred by the Association under or by reason of this Declaration,payment of any deficit remaining from aprevious Assessment period,and the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance deductibles and general,routine maintenance,repairs and replacement of Improvements within the Common Elements, if any, on a periodic basis, as needed. Annual Assessments shall be payable in monthly installments or on such other dates as the Executive Board determines. The omission or failure of the Association to fix the Annual Assessments for any Assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Association shall have the right,but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year. 9.4. Apportionment ofAnnualAssessments. The Common Expenses shall be allocated among the Lots on the basis of the allocated interest for Common Expenses in effect on the date of Assessment,provided however that the Association reserves the right to allocate all expenses related to fewer than all of the Lots to the Owners of those affected Lots only. Notwithstanding the foregoing,the amount of Annual Assessment against Lots on which a certificate of occupancy has not been issued may be set at a lower rate than the rate of Annual Assessment against those Lots on which a certificate of occupancy has been issued pursuant to C.R.S.§38-33.3-315(3)(b),as amended, since such Lots do not receive certain benefits including the same services as other Lots. The lower rate of Assessment against such Lots shall be determined by the Board based upon the costs and expenses of the services actually provided to such Lots. 9.5. Special Assessments. In addition to the Annual Assessments, the Association may levy in any fiscal year one or more Special Assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of Improvements within the Common Elements, if any, or for any other expense incurred or to be incurred as provided in this Declaration. This Section shall not be construed as an independent source of authority for the Association to incur expense, but shall be construed to prescribe the manner of assessing expenses authorized by other sections of this Declaration.Any amounts assessed pursuant to this Section shall be assessed to Owners according to their allocated interests for Common Expenses, subject to the right of the Association to assess only against the Owners of affected Units any extraordinary maintenance,repair or restoration work on fewer than all of the Units which shall be borne by the Owners of those affected Units only, and any extraordinary insurance costs incurred as a result of the value of a particular Owner's Unit or the actions of a particular Owner(or his agents, servants, guests, tenants or invitees) shall be borne by that Owner. Notice in writing of the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners,and no payment shall be due less than ten(10)days after such notice shall have been given. • 15 9.6. DefaultAssessments. All monetary fines assessed against an Owner pursuant to the • Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Unit which may be foreclosed or otherwise collected as provided in this Declaration.Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least ten(10) days prior to the due date. 9.7. Effect of Nonpayment;Assessment Lien. Any Assessment installment, whether pertaining to any Annual, Special,or Default Assessment,which is not paid on or before its due date shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: a. Assess a late charge for each delinquency in such amount as the Association deems appropriate; b. Assess an interest charge from the due date at the yearly rate of eighteen percent (18%), or such other lawful rate as the Executive Board may establish; c. Suspend the voting rights of the Owner during any period of delinquency; • d. Suspend the rights of the Owner,and the Owner's family,guests,lessees,and invitees,to use Common Element facilities during any period of delinquency; e. Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once; f. Bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and g. Proceed with foreclosure as set forth in more detail below. Assessments chargeable to any Unit shall constitute a lien on such Unit.The Association may institute foreclosure proceedings against the defaulting Owner's Unit in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney fees incurred in connection with the enforcement of the lien. The Association shall have the power to bid on a Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. Liens for Assessments and their priority shall be as provided in C.R.S. §38-33.3-316. • 16 9.8. Personal Obligation. Each Unit Owner is liable for Assessments made against such • Owner's Unit during the period of ownership of such Unit. No Unit Owner may be exempt from liability for payment of the Assessments by waiver of the use or enjoyment of any of the Common Elements or by abandonment of the Unit against which the Assessments are made. Suit to recover a money judgment for unpaid Assessments,any penalties and interest thereon,the cost and expenses of such proceedings,and all reasonable attorney fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. 9.9. Payment by Mortgagee. Any Mortgagee holding a lien on a Unit may pay any unpaid Assessment payable with respect to such Unit,together with any and all costs and expenses incurred with respect to the lien,and upon such payment that Mortgagee shall have a lien on the Unit for the amounts paid with the same priority as the lien of the Mortgage. 9.10. Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Executive Board,the Association shall furnish to a Unit Owner or such Unit Owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent or Manager, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen(14) calendar days after receipt of the request and is binding on the Association,the Executive Board,and every Unit Owner. If no statement is furnished to the Unit Owner or holder of a security interest or his or her designee, delivered personally or by certified mail, first-class postage prepaid, return • receipt requested,to the inquiring party,then the Association shall have no right to assert a lien upon the Unit for unpaid Assessments which were due as of the date of the request. 9.11. Maintenance of Accounts;Accounting. If the Association delegates powers of the Executive Board or its officers relating to collection, deposit, transfer, or disbursement of Association funds to other persons or to a Manager, then such other persons or Manager must: (i) maintain all funds and accounts of the Association separate from the funds and accounts of other associations managed by the other person or Manager; (ii)maintain all reserve and working capital accounts of the Association separate from the operational accounts of the Association, and (iii) provide to the Association an annual accounting and financial statement of Association funds prepared by the Manager, a public accountant, or a certified public accountant. ARTICLE 10 - RESERVED SPECIAL DECLARANT RIGHTS 10.1. SpecialDeclarantRights. Declarant reserves the Special Declarant Rights as defined from time to time in the Act, including without limitation, the right or combination of rights as follows: a. To complete any Improvements indicated on the Plat; • 17 b. To maintain sales offices, management offices, model homes, and signs • advertising the common interest community; c. To use easements through the Common Elements and Lots for the purpose of making Improvements within the common interest community; d. To appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. 10.2. Construction: Declarant's Easement. Declarant reserves the right to perform warranty work,repairs and construction in Units and Common Elements,to store materials in secure areas, and to control and have the right of access to work and make repairs until completion. All work may be performed by Declarant without the consent or approval of the Executive Board. Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations or exercising Special Declarant Rights, whether arising under the Act or reserved in this Declaration. This easement includes the right to convey access,utility, and drainage easements to a governmental entity. 10.3. Declarant's Property. Declarant reserves the right to remove and retain all its property used in the sales, management, construction, and maintenance of the property, whether or not they have become fixtures. • 10.4. Limitations on Special Declarant Rights. Unless terminated earlier by a document executed by Declarant and recorded in the real estate records of Weld County, Colorado, any reserved Development Rights and Special Declarant Rights may be exercised by Declarant, as long as Declarant: (a) is obligated under any warranty or obligation; (b) holds a Development Right to create additional Units or Common Elements; (c) owns any Unit; (d) owns any security interest in any Unit; or (e) ten (10) years have elapsed after recording of this Declaration in the real estate records of Weld County, Colorado. Earlier termination of certain rights may occur in accordance with the Act. 10.5. Interference With Special Declarant Rights. While the Declarant is entitled to exercise its Special Declarant Rights, neither the Association nor any Unit Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior written consent of Declarant and any entity to whom Special Declarant Rights have been assigned. 10.6. Rights Transferable. Any Special Declarant rights or other Declarant rights created or reserved under this Declaration may be transferred by an instrument evidencing the transfer recorded in Weld County,Colorado. Such instrument shall be executed by the transferor,Declarant, and the transferee. • 18 • ARTICLE 11 - ARCHITECTURAL REVIEW; OTHER RESTRICTIONS 11.1. Association Power. The Association shall have the right and power to prohibit any activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Unit or the Common Elements, if any, by promulgating Rules and Regulations which restrict or prohibit such activities. 11.2. Review. No buildings,structures or other Improvements including fences,driveways, parking areas, and landscaping (including pasture grass) shall be planted, installed, constructed, modified, altered, repaired, or rebuilt, nor shall any other action be taken that alters the exterior appearance of the Lot or Improvements, including lighting and color, unless first approved in writing by the Architectural Review Committee. The Architectural Review Committee shall exercise reasonable judgment to the end that all buildings, structures, modifications, alterations, or additions to the Units conform to and harmonize with existing surroundings and structures. The Architectural Review Committee has the absolute right to deny any requested landscaping,buildings, structures, modifications, alterations, or additions which the Architectural Review Committee reasonably determines do not conform to and harmonize with existing surroundings and structures. 11.3. No Review. Notwithstanding the foregoing, the following types of changes, additions, or alterations do not require the approval of the Architectural Review Committee: • 11.3.1. Addition of plants to a Lot in accordance with a previously approved Landscape Plan; 11.3.2. Modification to the interior of a residence when those modifications do not unduly affect the outside appearance of the structure; 11.3.3. Repainting or restaining of the exterior of the residence in the original color; 11.3.4. Repairs to a structure in accordance with previously approved plans and specifications; 11.3.5. Reroofing with roofing materials of the same, or better, quality and color as original material; and 11.3.6. Seasonal decorations if removed promptly (within fifteen (15) days following the holiday). Although exempt from Architectural Review Committee review, all work must proceed in accordance with all applicable law, codes, and regulations and the provisions of this Declaration. • 19 11.4. Membership of Architectural Review Committee. The Architectural Review • Committee shall consist of three (3) members, all of whom shall be appointed by Declarant. Declarant shall have the continuing right to appoint all three (3)members during the Appointment Period(as hereafter defined). The Association shall have the right to appoint such members after the end of the Appointment Period. The "Appointment Period" shall mean the period of time commencing as of the date of recordation of this Declaration and continuing until the earliest to occur of the following events: (a)when all Units in the Project have been conveyed to persons other than Declarant and certificates of occupancy have been issued for the residences constructed thereon; (b)ten(10)years after the date this Declaration is recorded;or(c)when, in its discretion,Declarant voluntarily relinquishes such right. During the Appointment Period,Declarant shall not be obligated to appoint members to the Architectural Review Committee. In such event,Declarant or Declarant's designated representative shall exercise all rights and obligations of the Architectural Review Committee as set forth in this Article. Members of the Architectural Review Committee may but shall not necessarily be members of the Association. Members of the Architectural Review Committee to be appointed by the Association shall be appointed by the Executive Board. Members of the Architectural Review Committee appointed by the Executive Board may be removed at any time by the Board, and shall serve for such term as may be designated by the Executive Board, or until resignation or removal by the Board. During the Appointment Period,Declarant shall give the Association written notice of the appointment or removal of any member of the Architectural Review Committee. After the Appointment Period, the Association may at any time and from time to time change the authorized number of members of the Architectural Review Committee. A majority of the Architectural Review Committee shall constitute a quorum of the Committee, and a majority of • Committee members present at any meeting where a quorum is present shall be required for Committee action. Notice of all Architectural Review Committee meetings shall be furnished to each member of the Committee. The Executive Board of the Association, the Declarant during the Appointment Period and thereafter, may elect, from time to time, to deactivate the Architectural Review Committee. Thereafter, the Executive Board shall send notice to all Members advising the Members of the deactivation of the Architectural Review Committee("Notice of Deactivation")and shall Record the Notice of Deactivation. Thirty (30) days after the date of the Notice of Deactivation the Architectural Review provisions of this Article shall be suspended and the Architectural Review Committee shall no longer have the powers and duties set forth in this Article or as may be provided elsewhere in this Declaration. The Architectural Review Committee may be reactivated and deactivated,from time to time,by the Executive Board. Upon activation,the Executive Board shall send notice to all Members advising the Members of the activation of the Association Architectural Review Committee and the effectiveness of the provisions of this Article ("Notice of Activation") and shall Record the Notice of Activation. On the date of Recordation of the Notice of Activation all of the provisions of this Article shall become effective and the Association Architectural Review Committee shall have the powers and duties set forth in this Declaration. 11.5. Plan Review Procedure. Prior to commencement of any onsite work,the Owner or such Owner's designated representative (hereinafter referred to as "Applicant") must obtain the written approval of the Architectural Review Committee. • 20 a. Plan Submittal. The Applicant must submit to the Architectural Review • Committee the following minimum items (in addition to other items which the Architectural Review Committee deems necessary or advisable for it to act under the circumstances): (i) Site plan; (ii) Complete construction plans; (iii) Specifications, including color schemes and material samples for the building, addition or alteration; and (iv) Payment in full of all anticipated costs as set forth below. (v) Landscape plan including types and quantity of plants, including grasses b. Plan Approval. Upon receipt by the Architectural Review Committee of all items set forth above, the Architectural Review Committee shall thereafter have thirty(30) days to furnish Applicant with written notice of approval or rejection of the plans as submitted. The approval may contain certain conditions including, but not limited to, deadlines for the completion of the • Improvements. Ifrejected,the Architectural Review Committee shall furnish a written explanation of the basis for its rejection and shall, if practical, furnish suggested modifications which would render the plans acceptable, subject to resubmission for review and approval upon completion of any such modifications. The Architectural Review Committee may condition its approval upon certain modifications being made to the plans,in which event such plans shall be deemed approved only upon submission to the Architectural Committee of one (1) complete set of all revised plans fully incorporated and reflecting all such required modifications. c. Failure to Respond. If for any reason the Architectural Review Committee has not responded to the Applicant in writing within the thirty(30)day period as provided above, the Applicant shall notify the Architectural Review Committee of such failure in writing by certified mail, return receipt requested. Thereafter,unless the Architectural Review Committee furnishes written notice of approval or rejection as required above within fifteen (15) days following receipt of said notice from the Applicant, the plans as submitted shall be deemed approved. In the event the Architectural Review Committee has notified Applicant of the necessity of submitting additional documentation,the thirty(30)day and fifteen(15)day periods set forth above shall not begin until Applicant has submitted all required documentation. • 21 d. Dispute of Committee Action. If an Owner disputes the rejection of the • Owner's application or the conditions placed upon the approval of the Owner's Application and files a lawsuit related to said dispute, the Architectural Review Committee and the Association shall be entitled to recover all costs and attorneys' fees incurred in connection with such suit unless a court determines the Architectural Review Committee or Association actions were wanton and willful. 11.6. Notice of Completion. Upon completion of the construction, modification or alteration of any Improvements, the Applicant shall furnish written notice to the Architectural Review Committee of same. Thereafter,the Architectural Review Committee or its designee shall have the right to inspect the Improvements to assure compliance with the approved plans and the Applicant shall cooperate with the Architectural Review Committee or its designee to arrange the inspection. If the Applicant fails or refuses to permit such inspection, or if upon inspection it is determined that such Improvements do not comply with the approved plans, the Architectural Review Committee may furnish Applicant with written notice of noncompliance and exercise all remedies permitted herein, at law or in equity. 11.7. Remedies Upon Noncompliance. The Architectural Review Committee shall have the right to inspect the work during and after the time the work is being performed. If at any time the Architectural Review Committee determines an Owner or Applicant is not in compliance with the Architectural Design Standards or approved plans, including without limitation the failure to • submit plans for approval prior to commencing any onsite work, the Architectural Review Committee shall furnish notice of noncompliance to the Owner. Upon such notice,the Owner shall immediately cease all work other than is required to bring the Improvements into compliance. If the Owner fails to immediately cease all such work, or fails to bring the Improvements into such compliance within a reasonable period of time not exceeding thirty (30) days, the Architectural Review Committee and the Association shall have all rights and remedies available pursuant to this Declaration, at law or in equity. Such rights and remedies include but are not limited to the following: a. Injunctive Relief. The Architectural Review Committee and the Association may seek appropriate injunctive relief in order to compel the Owner to cease all work and bring the Improvements into compliance or authorize the Architectural Review Committee or the Association to undertake all steps and actions, on the Owner's behalf and expense. Said expense shall be a personal obligation of the Owner and a charge and lien against said Owner's Unit as with Assessments as provided herein. b. Damages,Costs,and Attorney Fees. The Architectural Review Committee and the Association may recover from the Owner all damages, costs, and attorney fees suffered or incurred in connection with the existence or remedy of any Improvements not in compliance with this Declaration, the • 22 Architectural Design Standards or approved plans, as applicable. Said • damages,costs,and attorney fees shall be a personal obligation of the Owner and a charge and lien against said Owner's Lot as with Assessments as provided herein. 11.8. Authority to Hire, Assess Costs, and Raise Funds. The Architectural Review Committee has the authority to hire or retain such professionals or other persons as it deems neces- sary for the purposes described herein. The Architectural Review Committee shall also have the power to require the Owner submitting matters to it for approval to pay reasonably necessary costs of the submission prior to their review and as a necessary condition thereof. Any excess funds shall be returned, but the submitting Owner shall remain liable to pay any additional expense(s) if prepayment is insufficient. 11.9. Records. The Architectural Review Committee shall maintain written records of all applications submitted to it and all actions taken thereon for a period of five (5) years. 11.10. Restrictions on Use.Use and enjoyment of each Unit shall be subject to the following restrictions: a. Land Use. No Unit or portion thereof shall be used for any purpose other than a Single Family residence. No group housing or board and care homes shall be permitted. • b. No Further Subdivision. No Unit or any building shall be further subdivided or separated into smaller units by any Owner,and no portion less than all of any such Unit or building or any easement or other interest therein shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes, and similar corrective instruments. c. Nuisances. No noxious or offensive activity shall be carried on upon any Unit, nor shall any thing be done thereon which may become an annoyance to the neighborhood.No annoying light,sound,or odor shall be emitted from any Unit onto any other Unit(s) which can be considered offensive or intrusive to other Unit Owners or occupants. The Architectural Review Committee may adopt Rules and Regulations concerning the type and hours of operation of exterior lighting. d. Discharge of Weapons. No person shall discharge, fire, or shoot any gun, pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon whatsoever,including BB guns and pellet guns,within the Common Interest Community. Notwithstanding the foregoing, the discharge of firearms or • 23 weapons by any member of any law enforcement agency in the course of such • member's official duty shall not be deemed a violation of this provision. e. Temporary Structures. No structures of a temporary character such as trailers, mobile homes, tents, shacks, garages, barns, or other outbuildings shall be used on any Unit at any time as a residence either temporarily or permanently. f. Accessory Buildings. No accessory buildings, storage barns, or sheds shall be constructed or moved onto any Unit without written consent of the Architectural Review Committee. Said structures shall not be unreasonably prohibited so long as full consideration is given to architectural integration of materials, colors, and placement on the property. g. Offsite Built Homes. No building built off-site in a factory or construction yard including a building on a permanent chassis with a HUD(United States Department of Housing and Urban Development)label, commonly referred to as a"Mobile Home", shall be permitted. h. Signs. No sign of any kind shall be displayed to the public view on any Unit except customary name and address signs and one (1) "For Sale" sign advertising the Unit for sale(not to exceed six(6) square feet)and such other • signs as specifically permitted by the Executive Board. In no event shall any sign exceed the size limitation as provided in the Weld County Code,which is currently thirty-two (32) square feet. Oil, Gas, and Mining. No oil drilling, oil development operations, oil refining,quarrying,or mining operations of any kind shall be permitted upon, in or under any Unit. Nor shall any oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Unit. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any Unit. j. Household Pets. Household pets such as dogs, cats, and such other household pets which may be specifically approved from time-to-time by the Executive Board, may be kept on a Unit provided, and unless otherwise authorized by the Executive Board, no more than a total of four (4) such household Pets(of which no more than three(3)shall be adult dogs)may be kept on any Unit. The offspring of an owner's pet shall not be considered for purposes of the number restrictions until they are six (6) months old. No such household pets may be kept, bred, or maintained for any commercial purposes and the manner of keeping such animals shall not be allowed to result in any unsanitary conditions or a nuisance or annoyance to the • 24 occupants of other Units. The Executive Board may adopt Rules and • Regulations regarding the type of animals recognized as household pets and requirements for keeping such household pets on any Unit. Household pets shall be properly housed and penned or fenced in enclosures approved by the Architectural Review Committee. Animals shall not be permitted to roam onto other Units. No animals shall be allowed on the Common Elements except in strict compliance with Rules and Regulations adopted by the Association. The Owners of a Unit shall be responsible for any damage or injury caused by any animals owned or kept by the Owners. Without limiting the foregoing, continuous and/or frequent barking or howling by dogs is hereby defined as a nuisance. k. Livestock. Each Unit Owner shall comply with the Weld County Code regarding the number of livestock permitted on each lot, and any other requirements for livestock listed in the Weld County Code. The Executive Board may adopt Rules and Regulations regarding the type, quantity, and requirements for keeping large and small animals on any Unit, and in doing so may take into consideration the vegetation and type of irrigation available, the carrying capacity of the Unit, the type and necessity of shelter for the animals, the manner in which the Lot Owner has maintained the vegetation and control of weeds on the Unit, and such other considerations as the Executive Board may deem germane. Any such decision may later be • rescinded or modified by the Executive Board, and any Unit Owner affected by such rescission or modification shall have a reasonable time(not to exceed forty-five (45) days) to comply with such rescission or modification. The Owners of a Unit shall be responsible for any damage or injury caused by any animals owned or kept by the Owners. Garbage and Refuse Disposal. No Unit shall be used or maintained as a dumping ground for rubbish,trash,or garbage.Trash,garbage,or other waste shall not be kept except in sanitary and secure containers.All containers shall be kept in a clean and sanitary condition and shall not be kept in public view except during the scheduled day of pick up. The Association,acting through its Executive Board, shall have the right to require that any trash collection within the Common Interest Community be performed by one company and that trash be collected from all Lots by such company on the same day of each week. The Executive Board shall select the trash company based on competitive bids. The cost of trash collection shall be paid by each Owner directly to the trash collection company, and the Association shall not have the duty to assess the cost of trash collection as a Common Expense. Nothing herein contained shall be construed to prohibit an Owner from personally disposing of trash from his Lot. This section shall not apply to a contractor during the construction of a Residence of other improvements on a Lot. The • 25 contractor may dispose of trash, rubbish, debris, and other construction • materials from the 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 the Lot during the construction of the Residence as often as the contractor deems appropriate. All dumpsters shall have lid tie-downs to protect them from animals. m. Storage of Materials. Storage of materials shall be done in accordance with the following provisions: (i) No occupant or Owner of any Unit shall store or permit to be stored or to accumulate, upon any Unit, any debris, any piles of manure, piles of dirt,machinery or equipment or any part thereof,old or rusted pieces of metal, rubber or any type of junk, or other miscellaneous items unless approved by the Architectural Review Committee or concealed from public and neighbor views within an enclosed structure. (ii) Storage of building materials is permitted only to facilitate continuous building projects in progress. Unit Owners shall supervise and assure secure storage of all building materials during construction to prevent damage to other structures or littering throughout neighborhood as a result of heavy winds. (iii) No tanks for the storage of any materials other than propane fuel shall be erected, placed, or permitted above or below the surface of any Unit without the express written consent of the Architectural Review Committee. The Architectural Review Committee shall have the right to approve the location of any propane tank, and require screening around said tank. Any firewood pile shall be screened and located within the confines of a privacy fence approved by the Architectural Review Committee. n. Hazardous Activities. No activities shall be conducted on any Unit which are or might be unsafe or hazardous to any person or any property. No firearms shall be discharged upon any Unit and no open fires shall be lighted or permitted on any Unit except in a contained barbecue unit while attended and in use for cooking purposes or within an interior approved fireplace.No burning of trash, leaves, or other materials shall be allowed. The storage of any type of explosive devices, compounds, chemicals, or materials is prohibited. • 26 o. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle • Storage and Repair. No inoperable, unlicenced or junked motor vehicles, trailers, boats, or other equipment shall be kept on any Lot or about the Project in any manner. No more than three (3) of the following may be parked on a Lot except in an enclosed building: motor vehicles and motor cycles. No more than two (2)tractors may be parked on a Lot except in an enclosed building. No more than a total of one (1) motor home, camper, trailer, or recreational vehicle may be parked on a Lot except in an enclosed building. No more than one (1) boat may be parked on a Lot except in an enclosed building. A reasonable number of pieces of farm equipment used to maintain the Lot may be kept on a Lot. All of the above must be operable and, if applicable,properly licensed. No tractor-trailers or semi-trucks may be parked on a Lot at anytime. Except as set forth above nothing else shall be parked or stored on a Lot except in an enclosed building unless specifically permitted by Rules and Regulations adopted by the Association. No motor vehicles,motor cycles,motor homes,campers,trailers,recreational vehicles, boats, tractors, and equipment shall be stored or parked for more than 72-hours on any street within the Project. No tractor-trailer or semi-truck shall be allowed at any time on any street in the Project except for delivery of materials during construction or moving vans, while being used to move personal property to or from a Lot. Nothing contained herein shall prevent the Owner or Owners of any Lot from storing any of said vehicles • (except tractor-trailers or semi-trucks) in a garage on their Lot. No automotive repairs shall be done on any street, or Lot which may be seen from the view of adjacent properties. The restrictions set forth above shall not restrict the parking of trucks or other commercial vehicles for a reasonable time upon a Lot,which vehicles are necessary for the construction of a building on said Lot. p. Antennas. Subject to the Telecommunications Act of 1996, as amended from time to time, no satellite dishes, exterior radio antennas, television antennas,or other antennas may be erected unless approved in writing by the Executive Board. Any facility for the transmission or reception of audio or visual signals shall be kept and maintained,to the extent reasonably possible, underground or within an enclosed structure. As to antennas which are specifically covered by the Telecommunications Act of 1996, as amended, the Association shall be empowered to adopt Rules and Regulations governing the types of antennas that are permissible hereunder, and to the extent permitted by the Telecommunications Act of 1996, as amended, establishing reasonable, non-discriminatory restrictions relating to appearance, safety, location, and maintenance. • 27 q. Home Occupations/Businesses. The conduct of a home occupation or • business within the Project is prohibited unless the following requirements are met: home occupations or businesses must be conducted inside the residence and not occupy more than fifteen percent (15%) of the total floor area of the residence. Home occupations or businesses must be conducted only by the residents of said dwelling with no nonresidents employed at the residence. No retail sales shall be conducted on the Lot or in public view. Home occupations or businesses must be conducted within the scope of the zoning ordinances of Weld County. No customer visits are allowed. There shall be no evidence of a home occupation or business from the outside of the residence. r. Clothes Lines and Dog Runs. No clothes lines shall be located on any Lot and dog runs must first be approved by the Architectural Review Committee. s. Maintenance and Repair of Landscaping and Improvements: Except for areas covered by buildings, driveways or parking areas, all land areas shall be covered with plants or other ground cover,pursuant to a plan approved by the Architectural Review Committee. The landscaping shall be installed within eighteen(18)months after the issuance of a certificate of occupancy. Maintenance and repair of landscaping and Improvements shall be subject to the following provisions: • (i) Each Owner shall provide prudent and regular exterior maintenance upon each Unit including painting, repairs and/or replacement of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass and other landscaping(including pasture grass), fences, walks, driveways and other surfaces,and all other exterior Improvements to maintain the visual attractiveness and value of the Units in the Project. Unit Owners shall not allow weeds or other unsightly vegetation on Units to exceed twelve inches in height. Owners must properly control noxious weeds. (ii) Failure to maintain: In the event an Owner of any Unit in the Project shall fail to maintain the premises and the Improvements thereon as provided herein, the Association or the Architectural Review Committee, after Notice to the Owner and a reasonable opportunity for the Owner to perform all necessary work, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty(30)days of the furnishing of Notice to such Owner that such reimbursement is owed, together with costs of collection thereof,attorney fees,and interest thereon. Said obligation 28 shall be a personal obligation of the Owner and a charge and lien • against each Owner's Unit as provided herein for Assessments. t. Non-Owner Occupants. All covenants,restrictions,rules,regulations,and provisions of this Declaration shall be binding on non-Owner occupants without exception. Property Owners who lease their property shall be required to furnish to lessees copies of this Declaration along with a written lease referencing this Declaration; leasing or being absent from the property shall not release property Owners from liabilities and responsibilities described herein. u. Water and Sewer. No individual water supply system or sewage disposal system shall be permitted on any Unit unless it is in compliance with all state and county health regulations and approved by the Weld County Department of Public Health and Environment. All dwellings must attach to a public water source. Leach fields must be designed by a licensed engineer. Space for one or more septic systems as required by Weld County must be reserved and maintained by each lot owner. Activities such as permanent landscaping, structures, dirt mounds, animal husbandry activities, or other activities that would interfere with the construction,maintenance,or function of the absorption fields are expressly prohibited in the absorption field sites. • v. No Violation of Law. Nothing shall be done or kept in or on any portion of the Project by a Unit Owner or occupant which would be in violation of any statute, rule, ordinance, regulation, permit, or validly imposed requirement of any governmental body having jurisdiction over the Project. The Association shall have no duty or obligation to enforce any such statute,rule, ordinance, regulation, permit or validly imposed requirement. w. Fencing. Any fencing installed on any Unit must be white vinyl fencing. No fencing shall be constructed by any Lot Owner on any Lot within the Project without prior approval in writing by the Architectural Review Committee. x. No Imperiling of Insurance. Nothing shall be done or kept in or on any portion of the Project which might result in an increase in the premiums with respect to insurance obtained for all or any portion of the Project or which might cause cancellation of such insurance, except with the prior written consent of the Executive Board. Y. Underground Lines. All electric, television, telephone, and other lines running from any property line of a Lot to a residence or other structure shall be placed underground. • 29 z. Trash Burning. Trash, leaves, and other similar materials shall not be • burned within the Project. aa. Drainage. No Owner shall change the topography or drainage pattern of a Lot including, not by limitation, any drainage easement areas, from the topography or drainage pattern established by the Declarant unless such change is approved by the Architectural Review Committee. Any Owner who in any way materially modifies the topography or drainage pattern of a Lot without such consent shall be liable for any and all damages stemming therefrom, and may be required to return such topography or drainage patterns to their original state. If any Owner fails to fully abide by this provision, the Association or the Architectural Review Committee, after Notice to the Owner and a reasonable opportunity to perform all necessary work restoring drainage patterns, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty(30)days of the furnishing of Notice to such Owner that such reimbursement is owed, together with costs of collection thereof, attorney fees, and interest thereon. Said obligation shall be a personal obligation of the Owner and a charge and lien against each Owner's Lot as provided herein for Assessments. bb. Damage to Residence. If all or any portion of a residence is damaged or • destroyed by fire or other casualty,it shall be the duty of the Owner, with all due diligence,to rebuild,repair,or reconstruct the residence in a manner that will substantially restore it to its appearance and condition immediately prior to the casualty. 11.11. Waivers; No Precedent. The approval or consent of the Architectural Review Committee or any representative thereof, or of the Board of Directors, to any application for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the Committee or any representative thereof, or by the Board of Directors, as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. Nor shall any such approval or consent be deemed to constitute a precedent as to any other matter. ARTICLE 12 — MORTGAGEE'S RIGHTS The following provisions are for the benefit of holders, insurers, or guarantors of First Mortgages on Units. To the extent permitted under Colorado law and applicable, necessary or proper,the provisions of this Article apply to this Declaration and also to the Articles, Bylaws,and Rules and Regulations of the Association. • 30 12.1. Distribution of Insurance or Condemnation Proceeds. In the event of a distribution • of insurance proceeds or condemnation awards allocable among the Units for losses to,or taking of, all or part of the Common Elements, neither the Owner nor any other person shall take priority in receiving the distribution over the right of any Mortgagee who is a beneficiary of a First Mortgage against the Unit. 12.2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against Units may jointly or singularly, pay taxes or other charges which are in default and which may or have become a charge against any Common Elements, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such Common Elements,and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. 12.3. Audited Financial Statement. Upon written request from any Agency or Mortgagee which has an interest or prospective interest in any Unit or the Project,the Association shall prepare and furnish within ninety (90) days an audited financial statement of the Association for the immediately preceding fiscal year, at the expense of such Mortgagee or Agency. 12.4. Notice of Action. Any First Mortgagee and any Agency which holds, insures, or guarantees a First Mortgage, upon written request to the Association (which shall include the Agency's name and address and the Unit number), will be entitled to timely written notice of: • a. Any proposed termination of the common interest community; b. Any condemnation loss or any casualty loss which affects a material portion of the Project or which affects any Unit on which there is a First Mortgage held, insured, or guaranteed by such Agency; c. Any delinquency in the payment of Assessments owed by an Owner subject to the Mortgage where such delinquency has continued for a period of sixty (60) days; d. Any lapse, cancellation, or material modification of any insurance policy maintained by the Association pursuant to this Declaration. 12.5. Action by Mortgagee. If this Declaration or any Association Documents require the approval of Mortgagees, then if any Mortgagee fails to respond to any written proposal for such approval within thirty(30)days after such Mortgagee is given proper notice of the proposal(or such longer time as may be set forth in the notice), such Mortgagee shall be deemed to have approved such proposal provided that the notice was delivered to the Mortgagee by certified or registered mail, return receipt requested. • 31 ARTICLE 13 - DURATION OF COVENANTS • AND AMENDMENT 13.1. Term. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. 13.2. Amendment. Except in cases of amendments that may be executed by the Declarant or the Association under the Act,this Declaration, or any provision of it, may be amended only by vote or agreement of Owners holding not less than sixty-seven percent(67%)of the votes possible to be cast under this Declaration. The covenants contained in this Declaration requiring maintenance of the private street shall not be modified or terminated without the consent of the Weld County Board of County Commissioners. 13.3. Declarant Rights. To the extent permitted under the Act, provisions in this Declaration reserving or creating Special Declarant Rights may not be amended without the consent of Declarant. 13.4. Execution of Amendments. Any amendment must be executed by the President of the Association and recorded, and approval of such amendment may be shown by including within or attaching a certificate of the Secretary of the Association to the recorded instrument certifying the approval of a sufficient number of Owners of the amendment. Notwithstanding the foregoing, Declarant,acting alone,reserves to itself the right and power to modify and amend this Declaration • and the Plat to the fullest extent permitted under the Act and this Declaration. 13.5. Revocation. This Declaration will not be revoked nor shall the common interest community created hereby be terminated (except as provided above regarding total destruction and/or total condemnation),without the consent of the Owners to which at least sixty-seven percent (67%)of the votes in the Association are allocated evidenced by a written instrument duly recorded with the Clerk and Recorder. ARTICLE 14 - WELD COUNTY'S RIGHT TO FARM 14.1. Rural Weld County. Weld County is one of the most productive agricultural counties in the United States,ranking fifth(5th)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 area: 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. • 32 14.2. Agricultural Uses. Agricultural users of the land should not be expected to change • their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads;odor from animal confinement,silage and manure;smoke from ditch burning;flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, Colorado Revised Statutes, 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. 14.3. Rural Services. Weld County covers a land area of over 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. 14.4. Parental Supervision. Children are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock present real threats to children. Controlling children's activities is important,not only for their safety,but also for the protection of the farmer's livelihood. Parents are responsible for their children. ARTICLE 15 - GENERAL PROVISIONS 15.1. Restriction on Declarant Powers. Notwithstanding anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act. • 33 15.2. Enforcement. Except as otherwise provided in this Declaration,the Executive Board, • Declarant, Architectural Review Committee, or any Owner shall have the right to enforce, by a proceeding at law or in equity,all restrictions,conditions,covenants,reservations,liens,and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant, Architectural Review Committee, or by any Owner to enforce any restriction, condition, covenant, reservation, lien, or charge now or hereafter imposed by the provisions of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. 15.3. Registration of Mailing Address. Each Owner and each security interest holder, insurer,or guarantor of a security interest, shall register their mailing address with the Association. All notices, demands, or other notices intended to be served upon the Board of Directors or the Association during the period of Declarant control shall be sent by registered or certified mail, postage prepaid, c/o Sherry Lawley, 26658 WCR 74, Eaton, Colorado 80615, unless such address is changed by the Association during the period of Declarant control. Subsequent to the termination of the period of Declarant control,the Association shall notify the Owners of a different address for notices. 15.4. Limitation on Liability. The Association,Board of Directors,Architectural Review Committee, Declarant, and any member, agent, or employee of any of the same, shall not be liable to any person for actions taken or omissions made in the performance of their duties except for wanton and willful acts or omissions. • 15.5. No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by the Declarant or its agents and employees,in connection with any portion of the community,or any Improvement,or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision,sale,operation,maintenance,cost of maintenance,taxes or regulation thereof,unless and except as shall be specifically set forth in writing. 15.6. Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION HEREBY DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE COMMUNITY. BY ACCEPTING A DEED TO PROPERTY WITHIN THE COMMUNITY, EACH OWNER ACKNOWLEDGES THAT DECLARANT AND THE ASSOCIATION ARE ONLY OBLIGATED TO DO THOSE ACTS SPECIFICALLY ENUMERATED HEREIN,OR IN THE ARTICLES OF INCORPORATION,BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION,AND ARE NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY. EACH OWNER ASSUMES FULL RESPONSIBILITY FOR THE SAFETY OF FAMILY, FRIENDS, GUESTS, AND PETS AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE DECLARANT AND THE ASSOCIATION FROM ANY CLAIMS RELATED TO SAFETY OR PROPERTY DAMAGE ISSUES OF ANY KIND. • 34 15.7. Severability. Invalidation of any one of these covenants or restrictions by judgment • or court order shall in no way affect any other provisions which shall remain in full force and effect. 15.8. Conflicts Between Documents. In case of conflict between this Declaration and the Articles and the Bylaws of the Association,this Declaration shall control.In case of conflict between the Articles and the Bylaws, the Articles shall control. 15.9. Conflict With Act. In the event that any of the terms or provisions of this Declaration are in conflict or inconsistent with the Act, the terms or provisions of the Act shall control and govern. In case of any such conflict or inconsistency,the applicable terms and provisions contained in this Declaration shall, to the extent possible, be construed in accordance with the Act, and any conflict with or violation of the Act by any terms or provisions of this Declaration shall not affect, void, or render unenforceable any other term or provision of this Declaration(which shall be in full force and effect in accordance with their terms). DECLARANT: SHERRY LAWLEY • STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me on the_day of , 2006 by Sherry Lawley. WITNESS my Hand and Official Seal. My commission expires: Notary Public • 35 EXHIBIT A • TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR LAWLEY ESTATES LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS DECLARAT -4 Lots 1,2, 3, 5, 6, 7 and 8, Lawley Estates, bein N 0801- 4-4 RE-3581, situate in a portion of the Southeast Quarter of Section 4, Township 6 North, Range 64 West of the 6th Principal Meridian, County of Weld, State of Colorado. reAd 4• 441. • • 36 • EXHIBIT B TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR LAWLEY ESTATES PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION Lot 4, Lawley Estates, being a part of Lot B, Recorded Exemption No. 0801-4-4 RE-3581, situate in a portion of the Southeast Quarter of Section 4, Township 6 North, Range 64 West of the 6th Principal Meridian, County of Weld, State of Colorado. S:\Wp80\A\Lawley,Mark&Sherry\Lawley Estates\OA documents\Covenants 061306.wpd • 37 Hello