HomeMy WebLinkAbout20081380.tiff Esther Gesick
iom: Chris Gathman
nt: Friday, May 09, 2008 1:40 PM
To: Esther Gesick
Subject: FW: Case AMPZ-512 or 516 Bollinger
Esther — here is an item for the 2nd AMPF-496 file. Note that Mr. McNear refers to
AMPZ-512 or AMPZ-516, but the changes were made to the 2nd AMPF-496 plat.
Thanks,
Chris
Chris Gathman, AICP, Planner II
Weld County Department of Planning Services
918 10th Street, Greeley, Colorado 80631
ph (970) 353-6100 ext. 3540 fax (970) 304-6498
•
From: TopMojo@aol.com [mailto:TopMojo@aol.com]
Sent: Friday, May 09, 2008 1:29 PM
To: Chris Gathman
Cc: TopMojo@aol.com; REValue4U@aol.com
Subject: Case AMPZ-512 or 516 Bollinger
May 9, 2009
Department of Planning Services
918 10 Street
Greeley, CO 80631
Attn: Chris Gathman
Re: Case AMPZ-512 or 516 Bollinger
•ear Mr. Gathman: EXHIBIT
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1
;Fat 13 Ft
The most recent final plat which I delivered to you has several changes from the previous
plat submitted on February 8, 2008. These changes consist of the same 30 foot right-of-
way for access with the addition of a cul-de-sac at the boundary between lot 6 and 7. The
continuation of the emergency access has been changed to angle southwesterly rather than
iraight with a turn radius. The new plat does show two emergency access gates. This
ll be modified to one gate located at the southwest corner of proposed lot 6 as approved
by County Public Works Dept. Other additions to the plat will include a continuous 15'
utility easement south of the northerly R-O-W contiguous to that access easement southerly
west of the existing water line easement. Interior lot utility easements will be added as
well.
Sincerely,
Scott Realty Co.
By Patrick L. McNear
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zk5rk_BPoVNdcSyCztBN5dxcSOCr4JFVEw4lIb0invhjd45oCy1Z5MQg6y0pGuval7UCy0TfM-
uOUSyrhdIIFLT78ECZTgc> .
•
2
Esther Gesick
ioom: Chris Gathman
nt: Wednesday, May 14, 2008 9:05 AM
: Esther Gesick
Subject: FW: correspondence to Avery
Attachments: RaisleyLetter2006.pdf; Raisleyletter2008.pdf; TomGrantLetter.pdf
pciI
0 PO
RaisleyLe�-`tteer2006. Raisleyletter2008.promGrantLetter.pdf
pdf(38 KB) df(43 KB) (190 KB)
Chris Gathman, AICP, Planner II
Weld County Department of Planning Services
918 10th Street, Greeley, Colorado 80631
ph (970) 353-6100 ext. 3540 fax (970)304-6498
rom: TopMojo@aol.com [mailto:TopMojo@aol.com]
nt: Tuesday, May 13, 2008 4:58 PM
o: Chris Gathman
Subject: correspondence to Avery
Chris, attached are correspondence letters to Avery Acres for your file.
PLM
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G2JGvOVJBVdYsyrhjhKehd7bZTzgr9KRON-yRo8v2TCy2tjh086vymdPYfDwedECQj rbarZNOa9KZYeNGS3aG8> .
0 EXHIBIT
I
1
July 22, 2006
Greg Platt
26637 Highway 37
Greeley, CO 80631
Jeffrey & Dena Raisley
35768 Avery Drive
Eaton, CO 80615
Dear Jeffrey& Dena,
We are in the process of performing work on the Avery Acres Outlot A agricultural land. This
includes the installation of a pipeline that will provide water for the sprinkler. This work will
involve the 25' utility and agricultural easement that runs along the east boundary of your
• property. It is our goal to be minimally disruptive in the process of installing the pipeline. This
work is to be performed within a week.
The farm was recently purchased and it is the new owner's wish to be a good neighbor and work
for positive change in the stewardship of the property. In that light, the owner would like to see
the use of the farm as a dirt track for motorcycles and 4-wheelers stop immediately. Trespassing
is against the law and the damage caused by this type of use is costly to repair. Your help in
ending this type of violation is greatly appreciated. Additionally, any water in the ditch belongs
to the farm and may not be legally used by any other party.
Once again, we would like to thank you in advance for your help in this matter and your
cooperation in the process of performing the necessary improvements for the betterment of the
property.
Sincerely,
Greg Platt
•
• April 19, 2008
George Bollinger
219 Canyon Point Circle
Golden, CO 80403
Jeffrey & Dena Raisley
35844 Avery Drive
Eaton, CO 80615
Dear Jeffrey & Dena Raisley,
Thank you for your concern regarding my property. I recently received a phone call from Mr.
Raisley in which he expressed an interest in discussing the recent meeting with the Weld County
Planning Commission. I apologize for the delay in responding, but I have been very busy helping
my wife with her recent illness and am not able to visit with each of you individually. Rest
assured,that it is my intention to be a good steward of the land and to be a good neighbor.
It should be obvious to all of you that the property is currently being farmed and is being well
maintained by Mr. Kaiser. The weed mitigation, repairs to the wells, installation of pipelines,
excavation of the sump, and all of the various improvements on the property have approached a
total expenditure of$100,000. All of this has been done since I took ownership of the property.
• I was somewhat taken back in the Planning Commission meeting when l was accused of not
communicating with your group. I sent a letter through my attorney, inviting your response prior
to the Planning Commission meeting(see attached). In addition, my representative Mr. Platt, has
had conversations with many of you regarding access to the property and has sent
correspondence (see attached), over the past 2-years.
In that vain, I would request your continued zeal to eliminate the use of my property as a
motorcross facility. During a recent visit I noticed some of your children using the fill-dirt at the
entrance of the subdivision for motorcycle jumps. I must remind all of you that trespassing is
illegal and we all need to work together to protect our property rights.
Once again, I would like to thank you in advance for your help in this matter and let you know
that if you have further questions regarding the property we can schedule a time to meet with my
attorney, Tom Grant, 821 9th Street, #101, Greeley, CO 80631, (970) 356-5666.
Sincerely,
George Bollinger
•
•
August 16, 2007
Association Board Members for
Avery Acres Planned Unit Development
1111 Avery Acres
Greeley, CO????
Re: 2"d Amended Avery Acres Planned Unit Development.
Dear Board Members:
Mr. George Bollinger has retained this firm to assist him in preparing some of the final
documents necessary for the filling of 2"d Amended Avery Acres Planned Unit Development.
As you are likely aware, Mr. Bollinger owns a parcel of land which he purchased from Mr.
Bagely, which was formerly owned by the Sutter family and which is now being considered for a
final plat, to be known as 2"d Amended Avery Acres PUD (final plat number of S-496),
• As part of the above mentioned Planned Unit Development, Outlot C will be developed as a
single family lot , with ingress and egress for this property through and over Avery Drive. My
client hereby notifies the Board of this change and affirms that the owner of the new property
will be made aware of the requirement that common expenses are to be shared, pursuant to
Article II, section 7(a) of the Declaration of Covenants, Conditions and Restrictions for Avery
Acres P.U.D.
The new lot owner in this PUD will be an asset to all and will be another party to share the
burden of the expense associated with maintaining common area maintenance. Please direct any
questions or concerns regarding 2"d Amended Avery Acres PUD to this office.
Very Truly Yours,
GRANT-DICKSON LAW FIRM, LLC
Thomas D. Grant
Attorney at Law
TDG/y
I
schoo Dist. ;97O4545' 93 5
4
t• Weld County Referral
' May 6, 2008
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant George Bollinger Case Number 2n°AmPF-496
Please Reply By May 14, 2007 Planner Chris Gathman
Project An Amendment to the PUD final plan (adjust the outer boundaries of Outlot A and
create two additional single-family residential lot)for Outlot A of Avery Acres PUD.
Legal Lot A of Avery Acres PUD; located in W2 of Section 10, T6N, R65W of the 6th
P.M., Weld County, Colorado.
Location East of and adjacent to CR 43 and north of and adjacent to CR 70.
Parcel Number 0803 10 01006
• The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Utility Board Date December 12, 2007
Weld County Board of County Commissioners Hearing February 20, 2008
D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
X See attached letter.
❑ Please notify me of any public hearings regarding this request.
L,U!rlrn&/us.
Signature \ ti/Vt !k]>> f1.u-c Sv.t}a wTt ur4-Pate IL1Oq
Agency .E Arno J 5t+ooL. Qt>TRAc-i t&-a.
• •:Weld County Planning Dept. :•918 10°Street,Greeley,CO.80631 e(970)353-6100 ext.3540 t•(970)304-6498 fax EXHIBIT
I
r 5--2-05: 10: 18AM:Ea-on School D'st. ;9704545103
it
EATON SCHOOL DISTRICT RE-2
Dr.Randy Miller --- _—�- ---_-- 200 Park Avenue
uperintendent Eaton, Colorado 80615
70)454-3402
70)454-5193 Fax
May 13, 2008
Chris Gathman
Weld County Planning Department
918 10th Street
Greeley, CO 80631
RE: George Bollinger (Avery Acres)
Recorded Exemption 2nd AmPF-496
Chris Gathman:
We have reviewed the above applicant's request. The Eaton School District has
a process in place addressing growth within the District.
• The School District has adopted a methodology to determine a cash-in-lieu
payment for residential development within the District in order to provide
adequate educational opportunities as a result of that development.
The cash-in-lieu payment per dwelling lot is $1,043 for a total of $2,086 for this
recorded exemption. Payment should be hand delivered or mailed to Eaton
School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be
mailed to the applicant and a copy to the Weld County Planning Department.
Please contact me if you have any questions.
Sincerely,
\ 1,-jszt„..P.k.".....-......_—.
Timothy Unrein
Assistant Superintendent Business Services
Eaton School District RE-2
Enc.
Date Paid
• Amount
Check #
Received By
•
A.
1111111IIIII111111111111IIII11111111111III IIIII IIII IIII
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X693 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR AVERY ACRES P.U.D. (a COMMON INTEREST COMMUNITY)
PREAMBLE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the
"Declaration"), made on the date hereinafter set forth by John Avery Sutter and James Ted Sutter,
hereinafter referred to collectively as"Declarant."
WITNESSETH : '
WHEREAS, Declarant is the owner of the following described property located in the County of
Weld, State of Colorado, said property now being duly platted as the Avery Acres P.U.D., a
subdivision of the County of Weld, State of Colorado, as such plat is now recorded at Reception No.
2765560 of the records of the Weld County Clerk and Recorder. Such property is more particularly
described as follows:
Lots 1,2,3,4,and 5, Avery Acres P.U.D., a subdivision of the County of Weld, State
• of Colorado.
WHEREAS,Declarant along with Jennifer Sears Sutter and Carolyn Magnuson Sutter,executed and
recorded restrictive covenants - `Avery Acres' Planned Use Subdivision - on April 28, 2000 at
Reception No. 2764535 of the records of the Weld County Clerk and Recorder, State of Colorado;
and
WHEREAS, Declarant is desirous of amending and restating the restrictive convents as set forth in
this Declaration which shall be deemed to replace and supercede the previously recorded restrictive
covenants; and
WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general
plan(a)to protect and enhance the quality, value, desirability, and attractiveness of all property that
may be subject to this Declaration; and (b)to define certain duties, powers, and rights of owners of
property that may become subject to this Declaration; and
WHEREAS,Declarant for himself,his 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
• 1
EXHIBIT
t-
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2 of 36 R 180.00 D 0.00 Weld County CO
• 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.
NOW, THEREFORE, the Declarant with this Declaration states that the real property described in
this Preamble is and shall be held,transferred, sold,conveyed, and occupied subject to the covenants,
restrictions, and easements hereinafter set forth.
ARTICLE I
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:
Section 1. Act shall mean and refer to the Colorado Common Interest Ownership Act found
in Title 38 of the Colorado Revised Statutes.
• Section 2. Agency shall mean any agency or corporation that purchases or insures residential
mortgages.
Section 3. Architectural Design Standards shall mean design standards adopted by the
Executive Board 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. The Minimum Architectural Design Standards are set forth in Exhibit A
attached hereto. The Executive Board, in accordance with the Bylaws of the Association, shall have
the power to modify the minimum standards and such modifications shall be recorded in the real
property records of the Weld County Clerk and Recorder by the Executive Board.
Section 4. Articles shall mean the Articles of Incorporation for a not-for-profit Colorado
corporation, to be filed with the Colorado Secretary of State, in order to form the Association and
any amendments that may be made to those Articles from time to time.
Section 5. Annual Assessment shall mean the assessment levied pursuant to an annual
budget.
Section 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.
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3 of 36 R 180.00 D 0.00 Weld County CO
• Section 7. Association shall mean and refer to a unit owners' association organized and
existing under and pursuant to Section 38-33.3-30] of the Act.
Section 8. Association Documents shall mean this Declaration and any Supplemental
Declaration, the Articles of Incorporation, the Bylaws, the Map and any procedures, rules,
regulations, Architectural Design Standards or policies adopted under such documents by the
Association.
Section 9. Bylaws shall mean the Bylaws adopted by the Association, as amended from time
to time.
Section 10. Clerk and Recorder shall mean the office of the Clerk and Recorder in the
County of Weld, State of Colorado.
Section 11. Common Area or Common Elements shall mean and refer to the following real
property
Outlot B, Avery Acres P.U.D., a subdivision of the County of Weld, State of
Colorado.
Common Area or 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, exterior lighting,
sprinkler systems, recreation equipment, and any other personal property owned by the Association.
The Common Area is 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
�pA subdivision plat and the real estate records of the Clerk and Recorder of Weld County, Colorado.
ea shall expresslyexcfudeanypublic-s r-a}leys.as-shown-oMfie
--...ittbdivitaitatidentifieehabove. Common Area shall be owned by the Association. In no event shall
the Common Area fail to be transferred to the Association on a date which is not later than s'
days after the completion of the transfer of all lots from the Declarant or the Declarant's successors
ucce(60)
sors
and assigns to third party purchasers.
Section 12. 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.
Section 13. Declaration shall mean this Declaration and the Map and amendments and
supplements to the foregoing.
Section 14. Executive Board shall mean the governing body of the Association.
•
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• Section 15. 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.
Section 16. 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.
Section 17. Living Unit, Dwelling Unit, or Residential Home shall mean and refer to any
structures situated upon the property designed and intended for use and occupancy as a residence by
a single family.
Section 18. Lot or Residential Unit shall mean and refer to any numbered area ofland shown
as such upon any recorded final filing plat required by the'County of Weld, Colorado, with the
exception of Common Area as heretofore defined and with the exception of Outlot A, Avery Acres
P.U.D. a subdivision of the County of Weld, State of Colorado("Outlot A"). Lot or Residential Unit
shall also mean a "Unit" as defined in C.R.S. 38-33.3-103 as originally enacted or subsequently
amended.
Section 19. 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.
• Section 20. Map shall mean all final Plats of the subdivided Parcels recorded with the Clerk
and Recorder depicting a plan and elevation schedule of the Property subject to this Declaration and
any supplements and amendments thereto.
Section 21. Member shall mean and refer to the person designated as such pursuant to the
terms of this Declaration.
Section 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.
Section 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.
Section 24. Notice shall mean and refer to(i)written notice delivered personally or mailed
to the last known address of the intended recipient, or(ii) notice through an Association publication
which is delivered to the residential homes, or(iii) notice delivered by electronic mail or facsimile to
any Owner. "Notice to Mortgagee"shall mean and refer to only written notice delivered personally
or mailed to the last know address of the intended recipient and not notice through an Association
publication.
•
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• Section 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 Veteran's Affairs is 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.
Section 26. Parcel shall mean each platted, numbered and recorded division of vacant land
as depicted on the Map.
Section 27. Project shall mean the common interest community created by this Declaration
and as shown on the Map, consisting of the Property and the Common Area.
Section 28. Property shall mean the real property described in the Preamble, together with
such additional property as is subsequently subjected to this Declaration in accordance with the
provisions set forth herein below.
• Section 29. 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 residential home of an Owner who claimed by, or
through an Owner.
Section 30. Single Family shall mean and refer to one(1) family as family is defined in the
Zoning Ordinance of the County of Weld, Colorado, as of the date of the recording of this
Declaration or as amended in the future by the governing body of the County of Weld, Colorado.
Section 31. Successor Declarant shall mean any person or entity to whom Declarant assigns
any or all of his 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.
Section 32. Supplemental Declaration shall mean an instrument which annexes property to
this Declaration.
Section 33. Supplemental Map shall mean a Supplemental Map of the Project which depicts
any change in the Project through a Supplemental Declaration. The initial phase recordings are not
supplemental and do not require amendment to this document.
•
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• ARTICLE II
NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION
Section 1. Name. The name of the Project is Avery Acres P.U.D. The Project is a common
interest community pursuant to the Act.
Section 2. Existing Property. The real property which is and shall be held,transferred, sold,
conveyed and occupied subject to this Declaration is located in the County of Weld, Colorado, and
is more particularly described in the Preamble of this Declaration for the Avery Acres P.U.D. in the
County of Weld, Colorado.
Section 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.
Section 4.Number of Residential Units. The maximum number of Residential Units in the
Project is five (5), exclusive of the additional Residential Units that may be created pursuant to the
terms of this Declaration.
Section 5.Identification of Residential Units. The identification number of each Residential
• Unit is shown on the Map.
Section 6. Description of Residential Units. Each Residential Unit presently consists of
surveyed and platted undeveloped vacant land.
Section 7. Allocation of Interests. The common expense liability and voting in the
Association are allocated to each Lot 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 /
Lots subject to this original Declaration, or subject to this Declaration by V
supplemental expansion, or any additional number of Lots approved by the County
of Weld; and
b. The number of votes in the Association is determined on the basis of one (1) vote
being allocated to each Lot Owner as determined by the total number of Lots that
have been submitted to this original Declaration or a subsequent amendment of this
Declaration and which are shown on a subdivision plat required by the County of
Weld and recorded with the Clerk and Recorder.
•
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• ARTICLE III
MEMBERSHIP AND VOTING RIGHTS:
ASSOCIATION STRUCTURE AND OPERATIONS
Section 1. The Association. Every Owner of a Residential Unit shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of a
Residential Unit.
Section 2. Transfer of Membership. An Owner shall not transfer, pledge or alienate his
membership in the Association in any way, except upon the sale or encumbrance of his Residential
Unit and then only to the purchaser or Mortgagee of his Residential Unit. The Association shall not
create a right of first refusal on any Residential Unit and Owners may transfer ownership of their
Residential Units free from any such right.
Section 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 Residential
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 Residential Unit, is subject to all the rights and duties assigned
to Owners under the Association Documents.
Section 4. Voting. There shall be one vote per Residential Unit, except as otherwise
provided in the Association Documents during the period of Declarant Control.
a. The Owner(s) of each Residential Unit shall have one vote per Parcel owned.
b. If only one of several Owners of a Residential Unit is present at a meeting of the
Association, the Owner present is entitled to cast all the votes allocated to the
Residential Unit. If more than one of the Owners are present, the votes allocated to
the Residential Unit may be cast only in accordance with the agreement of a majority
in interest of the Owners. There is majority agreement if any one of the Owners casts
the votes allocated to the Residential Unit without protest being made promptly to the
person presiding over the meeting by another Owner of the Residential Unit.
Section 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. The specific restrictions and
procedures governing the exercise of Declarant's right to so appoint and remove Directors and
officers will be set out in the Articles and Bylaws of the Association. 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 his option require that specified actions of the Association or the
Executive Board as described in the recorded notice, during the period Declarant would otherwise
•
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• be entitled to appoint and remove directors and officers, be approved by Declarant before they
become effective.
Section 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.
Section 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.
Section 8. 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. The Owners shall have a right of action
against the Association 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.
Section 9. 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 Nonprofit Corporation Act.
Section 10. Notice. Any notice to an Owner of matters affecting the Project by the
Association or by another Owner shall be sufficiently given if in writing and delivered personally, by
courier or private service delivery, or on the third business day after deposit in the mails for registered
or certified mail, return receipt requested, at the address of record for real property tax assessment
notices with respect to that Owner's Residential Unit.
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• ARTICLE IV
ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS
Section 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 Residential Unit or the Common Area, if any by promulgating Rules and
Regulations which restrict or prohibit such activities. The Association through its Executive Board
has the power to regulate the improvement of any Lot or Residential Unit in the Project.
Section 2. Review. No buildings, structures, modifications, alterations or additions to the
Residential Units, including, but not limited to fences and/or' landscaping, shall be made unless first
approved in writing by the Executive Board.The Executive Board shall exercise reasonable judgment
to the end that all buildings,structures,modifications,alterations or additions to the Residential Units
conform to and harmonize with existing surroundings and structures. The Executive Board has the
absolute right to deny any requested buildings, structures, modifications, alterations, or additions
which the Executive Board reasonably determines do not conform to and harmonize with existing
surroundings and structures. The Executive Board may delegate its responsibilities as stated herein
to an Architectural Review Committee which should consist of at least one (1) Executive Board
Member. Decisions by this Committee may be appealed to the full Executive Board within thirty(30)
days of said decision.
• Section 3. Procedure. The Executive Board's approval or disapproval as required in these
covenants shall be in writing. In the event the Executive Board fails to approve or disapprove within
thirty (30) calendar days after complete plans and specifications have been submitted to it, approval
will not be required and the related covenants shall be deemed to have been complied with. The
following minimum items shall be required to be submitted before the Executive Board is required
to act (in addition to other items which the Executive Board deems necessary or advisable for it to
act under the circumstances):
a. Site plan.
b. Complete construction plans.
c. Specifications, including color schemes and material samples for the building,
addition or alteration.
d. Payment in full of all anticipated costs under the following Section.
Section 4. Authority to Hire,Assess Costs,and Raise Funds. The Executive Board has the
authority to hire or retain such professional or other persons as it deems necessary for the purposes
described herein. The Executive Board 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
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• 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. The Executive Board
may raise and manage such funds under the authority and procedures prescribed in the Association
Documents.
Section 5. Records. The Executive Board shall maintain written records of all applications
submitted to it and all actions taken thereon.
Section 6.Restrictions on Use. Use and enjoyment of each Residential Unit shall be subject
to the following restrictions and such additional restrictions as the Executive Board may propose and
are accepted by the Owners by a vote of four-fifths (4/5) of the majority of all Owners:
a. Land Use. No Residential Unit or portion thereof shall be used for any purpose other
than Single Family residences as prescribed by the County of Weld under Estate
zoning ordinances.
b. No Further Subdivision. No Residential Unit or Residence shall be further
subdivided or separated into smaller Residential Units or Dwelling Units by any
Owner and no portion less than all of any such Residential Unit or Dwelling Unit, nor
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 Residential
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
Residential Unit onto any adjacent Residential Unit(s) which can be considered
offensive or intrusive to adjacent Residential Unit Owners or occupants.
d. Temporary Structures. No structures of a temporary character such as trailers,
mobile homes, tents, shacks, garages, barns or other out buildings shall be used on
any Residential Unit at any time as a residence either temporarily or permanently.
e. a Accessory Buildings. Only one accessory building, storage barn, shed or other
accessory structure shall be constructed or moved onto any Residential Unit. The
design,location and appearance of said structure must be approved by the Executive
Board.
f. Move and Set Structures. All structures within the Project shall be new
construction and no prefabricated or previously erected building, structure, or
improvement shall be moved and set upon any Residential Unit from any other
location. Exceptions may be made for prefabricated storage buildings with written
approval of the Executive Board.
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. g. Signs. No sign of any kind shall be displayed to the public view on any Residential
Unit except one name and address sign of not more than one square foot, or one sign
of not more than five square feet advertising the property for sale or for rent, or signs
used by a builder to advertise the property during the construction or sales period.
h. 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
Residential Unit.Nor shall any oil wells,tanks,tunnels, mineral excavations or shafts
be permitted upon any Residential Unit. No derrick or other structures designed for
use in boring for oil or natural gas shall be erected, maintained or permitted on any
Residential Unit.
Animals Within Subdivision. No dangerous animals shall be kept or harbored
within the Subdivision. Each Owner may keep on his or her Lot a maximum of three
(3) household pets which are limited to dogs and cats subject to existing ordinances
for the County of Weld, Colorado. Any such household pet shall be kept in the
interior of any residential home or the interior of any fence or dog run which is
sufficient to contain said pet and which is approved by the Executive Board. It shall
be the obligation of each Owner owning a household pet to control it in accordance
with the existing ordinances of the County of Weld, State of Colorado. It shall be the
responsibility of each Lot Owner to maintain any Lot used in any manner by any pet
• in such a way as to avoid any noise or odor or nuisance to any other Owner within the
Subdivision. Horses may be kept on any Lot provided that a wooden corral is
constructed to contain said horse or horses. The horses are to be fed hay in their
corral as their main food source. Light grazing periodically on the rest of any Lot is
allowed but it is the responsibility of the Lot owner to restrict the horse's movement
in order to prevent overgrazing. No more then two (2) adult horses may be located
on any single Lot within the Subdivision. All other animals are strictly forbidden
within the Subdivision.
j. Garbage and Refuse Disposal. No Residential 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.
k. Storage of Materials:
(i.) No occupant or Owner of any Residential Unit shall store or permit to be
stored or to accumulate, upon any Residential 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
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• items unless 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. Residential 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 gas,fuel, oil or other flammable materials shall be
erected, placed, or permitted above or below the surface of any Residential
Unit in violation of the uniform fire'code as adopted by the applicable fire
protection district. Any firewood pile shall be screened and located within the
confines of a privacy fence.
Hazardous Activities. No activities shall be conducted on any Residential Unit
which are or might be unsafe or hazardous to any person or any property.No firearms
shall be discharged upon any Residential Unit and no open fires shall be lighted or
permitted on any Residential Unit except in a contained barbecue unit while attended
and in use for cooking purposes or within an interior approved fireplace. Burning of
leaves and weeds shall be allowed consistent with Weld County Burning Regulations.
• The storage of any type of explosive devices, compounds, chemicals, or materials is
prohibited.
m. Motor Vehicles, Recreational Vehicles,Disabled Vehicles, Vehicle Storage and
Repair. No boat,trailer,house trailer, camper,tractor-trailer or semi-truck,motor
home, or recreational vehicle shall be stored on any street within the Project.No boat,
trailer, house trailer, camper, tractor-trailer or semi-truck, motor home or
recreational vehicle shall be stored on any Residential Unit unless it is covered with
a canvas or tarpaulin cover approved by the Executive Board and parked in a location
approved by the Executive Board but in no event on the west side or front of any Lot.
A maximum of one (1) boat, trailer, house trailer, camper, tractor-trailer or semi-
truck, motor home or recreational vehicle may be parked on any Residential Unit at
any one time unless parked inside an accessory structure. No disabled vehicles shall
be allowed to remain on the street, driveway or other parking area which may be seen
from the view of adjacent properties. No grease or oil or other unsightly fluids shall
be permitted to accumulate in any driveway, sidewalk or street area.
n. Home Occupations/Businesses. The conduct of a home occupation or business
within a residence shall be permitted provided that the following requirements are
met:
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• Home occupations or businesses must be conducted inside the residence or
outbuilding and shall 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. Signage shall not
exceed that permitted in this Declaration. No retail sales shall be conducted on the
Residential Unit or in public view. Home occupations or businesses must be
conducted within the scope of the zoning ordinances of the County of Weld.
Customer visits must be limited to an occasional frequency. Customer parking must
be in the driveway. There shall be no evidence of a home occupation or business from
the outside of the residence.
o. Clothes Lines. Clothes lines shall be prohibited in any front or side yard.
p. Maintenance and Repair of Landscaping and Improvements:
(i.) Each Owner shall provide prudent and regular exterior maintenance upon
each Residential Unit including painting, repairs and or replacement of roofs,
gutters, downspouts,exterior building surfaces,trees, shrubs,grass and other
landscaping, walks, driveways, and other surfaces, and all other exterior
improvements to maintain the value of said property. Owners shall comply
with mandatory landscaping requirements as called out in the Architectural
• Design Standards adopted by and available from the Executive Board.Owners
benefiting from fencing and other improvements immediately adjacent to their
property, but installed by Declarant, are solely responsible for any and all
maintenance and repairs with the exception of utility improvements in ease-
ments owned and maintained by public utilities.Residential Unit Owners shall
not allow weeds or other unsightly vegetation on unimproved areas of their
lot.
(ii.) Exterior landscaping of any Lot shall be designed to be compatible with other
Lots within the Subdivision. No landscaping shall be initiated until a
landscaping plan has been submitted to and approved by the Executive Board.
Any landscaping for Lots on which a residence has been occupied between
January 1 and August 30 of any year shall be completed by December 31 of
that same year. If the residence is occupied after August 30 in any year, the
Lot shall be landscaped by May 31 of the next year. The Owners of any Lot
upon which no Single-Family residence has been constructed shall have an
affirmative obligation to manage and control any weed growth upon said Lot.
All weeds on any Lot within the Subdivision shall be cut on a regular basis in
order to keep the height of said weeds below twelve (12) inches.
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• (iii) It is the intent that the property's natural characteristics will be maintained or
reestablished by each unit Owner. Each unit Owner will be required to plant
native vegetation on their lot which is not adjacent to their residential
structure or which has not been planted as irrigated lawn. Native vegetation
is described as follows:Blue Gramma, Buffalo Grass, Western Wheat Grass,
Needle and Thread, Side Oats Gramma, Little Blue Stem, Pubescent Wheat
Grass and Crested Wheat Grass. Additionally, each unit Owner will be
required to plant a tree/shrub windbreak running east west along a line not
less then ten(10) feet inside the northern boarder of each Lot. At least 50%
of the northern lot line for each Residential Unit must be covered with trees
and shrubs planted in a normal windbreak density. Unless otherwise
specifically approved by the Executive Board, the trees for the windbreak
plantings shall be Rocky Mountain Juniper, Eastern Red Cedar, Ponderosa
Pine, Cherry, Hawthorn, Oak, and Hackberry. Other types of trees may be
planted elsewhere on each Residential Unit. Unless otherwise specifically
approved by the Executive Board, windbreak shrubs shall constitute Skunk
Bush Sumac,Lilac,Siberian Pea Shrub,Chokecherry,Currant,Service Berry,
Cotton Easter, Sumac,Wild Rose, Wild Grape,Buffalo Berry, and American
Plumb. Other types of shrubs may be planed elsewhere on each Residential
Unit. Adjacent to each dwelling unit, each Lot Owner shall be required to
plant, develop and maintain a neat,tidy, irrigated lawn of Bluegrass. It is also
• expected that some trees will be planted around the dwelling to provide shade
over the years.
(iv.) Failure to maintain: In the event an Owner of any Residential Unit in the
Project shall fail to complete or maintain the premises and the improvements
thereon as provided herein,The Association shall have the right to enter upon
said Residential Unit to correct drainage, and to repair, maintain, and restore
deficiencies that have not been corrected within thirty (30) days of duly
written notice.All costs related to such correction,repair,or restorations shall
become a Restoration Assessment upon such Residential Unit and shall be
paid by the Owner to the Association. Any amounts unpaid within thirty(30)
days of final billing may be attached to the said Residential Unit as a lien
recorded with Clerk and Recorder of Weld County. Nothing herein shall
relieve the delinquent Owner of said Residential Unit from any additional
remedies at law as prescribed in other provisions within these covenants.
q. Non-Owner Occupants. All covenants, restrictions, rules, regulations, and
provisions of these covenants shall be binding to non-owner occupants without
exception. Property Owners who lease their property shall be required to furnish
copies of these covenants along with a written lease referencing these same covenants;
leasing or being absent from the property shall not release property Owner from
liabilities and responsibilities described herein.
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• r. Water and Sewer. No individual water supply system or sewage disposal system
shall be permitted on any Residential 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 if
Declarant or Declarant's successor extends a public water source main line to the
Subdivision. Leach fields must be designed by a licensed engineer. Space for two
septic systems must be reserved and maintained by each lot owner. All activities such
as landscaping and construction are expressly prohibited in any designated absorption
field site.
s. No Violation of Law. Nothing shall be done or kept in or on any portion of the
Project by a Residential 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.
Fencing. No fencing of any type shall be constructed by any Lot Owner on any Lot
within the Project without prior approval in writing by the Executive Board. All
fences within the Subdivision must be constructed from wood or PVC and
constructed in a style that will ensure compatibility with the natural look of the
surrounding area. Only natural colored stain may be used on any wood fence as a
surface covering. All fences around the perimeter of a Lot must be designed to allow
• free passage of wildlife. Contingent upon review and approval by the Executive
Board,Lot Owners may construct a fence around the backyard(east side)landscaped
portion of each Lot which is sufficient to contain said Lot Owner's household pets
and/or sufficient to exclude animals or persons from the enclosed backyard area. This
enclosed backyard area shall not be larger than one-half(1/2 ) of an acre in size.
u. 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.
v. Architectural Design Standards. The minimum architectural design standards for
the Project are set forth in Exhibit A attached hereto and made a part hereof. The
Executive Board has the power and authority to modify these requirements
incoherence with the provisions of the Association Bylaws.
w. Owner's Obligation Upon Resale of Lot. The deed or instrument transferring title
to any Residential Unit shall contain a provision incorporating by reference the
Covenants, Conditions and Restrictions set forth in this Declaration, as well as any
Supplemental Declarations. Additionally, the deed or instrument transferring title to
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• any Residential Unit shall contain a provision incorporating a provision by reference
all notes placed on the final plat.
x. Hunting. No hunting shall be allowed on any Residential Unit or the roadway
leading to the Residential Units at any time. Target practice using BB guns is allowed
so long as anyone firing the gun has proper hunter safety training and a proper target
is used. Hunting on the agricultural outlot, identified as Outlot A in the recorded plat
may be done only with the express written permission of the then current owner of
said agricultural outlot.
Y. Cables, Satellite Dishes/Antennas. Any and all cables or other wires used to
provide electricity, telephone, cable TV or other similar services must be buried
underground following proper burial procedures which meet the requirements of the
Weld County Code of Regulations. All feed cables or other lines coming from Weld
County Road 43 must also be buried. Satellite dishes are allowed provided there is
not more then one on each Residential Unit and the diameter of each dish does not
exceed six feet. The location and placement of any proposed satellite dish must be
approved by the Executive Board prior to installation. Under no circumstances can
a satellite dish be installed on the west side of any residential structure. Antennas for
radios,televisions, etc shall not be more then three(3)feet taller then the tallest point
of any residential structure.
• ARTICLE V
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
Section 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 or revenues, expenditures and reserves and collect
Assessments;
c. Eire 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;
e. Make contracts and incur liabilities;
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• f. 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 and if all Owners of Residential
Units to which any Limited Common Element is allocated agree in order to convey
that Limited Common Element or subject it to a security interest;
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,which does not
result in an increase in Annual Assessments of more than ten percent (10%) per
Owner;
k. Impose and receive any payments, fees or charges for the use, rental or operation of
the General 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; and
r. Exercise any other powers necessary and proper for the governance and operation of
the Association.
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ARTICLE VI
MECHANICS' LIENS
Section 1. No Liability. If any Owner shall cause any material to be furnished to his
Residential Unit or any labor to be performed therein or thereon, no Owner of any other Residential
Unit shall under any circumstances 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 his Residential Unit.
Section 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.
Section 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 Residential Unit or Units.
ARTICLE VII
EASEMENTS
Section 1. Recorded Easements. The Property shall be subject to all easements as shown
on any Map or plat, those of record, those provided in the Act (including easements for en-
croachment 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 .
Section 2. Utility, Drainage and Irrigation Easements. There is hereby created an
easement as denoted on the Map for ingress and egress, installation, replacing, repairing and
maintaining all utilities, including, but not limited to, water, sewer, gas, telephone, cable TV,
electricity,drainage,irrigation and fences. Said easement includes future utility services not presently
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• available to the Residential Units which may reasonably 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 on any of the Residential Units and to affix and maintain electrical and/or
telephone wires, circuits and conduits on, above,across and under the roofs and exterior walls of the
improvements, all in a manner customary for such companies in the area surrounding the Property,
subject to approval by the Association as to locations.
Section 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, if any, for the best interest of all the
Owners and the Association.Each Owner is hereby granted a perpetual non-exclusive right of ingress
to and egress from the Owner's Residential Unit over and across the Common Elements appurtenant
to that Owner's Residential Unit, which right shall be appurtenant to the Owner's Residential 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.
Section 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.Residential 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 Residential Units. The easement area
of each Residential Unit and all improvements in it,including fences, shall be maintained continuously
in good repair by the Owner of said Residential Unit, except for those improvements for which a
public utility shall be responsible for. It shall be the responsibility of the Residential 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 Residential Unit. Fencing shall be allowed in easement areas
only as approved by the Executive Board.
Section 5. Emergency Access Easement. A general easement is hereby granted to all police,
sherifZ fire protection, ambulance and other similar emergency agencies or persons to enter upon the
Property in the proper performance of their duties.
ARTICLE VIII
MAINTENANCE
Section 1. Maintenance by Owners. Each Owner shall maintain and keep in repair his
Residential Unit, landscaping, and any structures or buildings thereon, including the fixtures thereof
to the extent current repair shall be necessary in order to avoid damaging other Owners and to
maintain a good appearance for the Project.
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• Section 2. Maintenance by Association. The Association shall be responsible for the
maintenance and repair of the Common Elements, (unless necessitated by damage caused by the
negligence,misuse or tortuous act of an Owner or Owner's Agent,in which case the person or Owner
causing the damage shall be responsible)including any drainage structure or facilities and any fences
constructed by Declarant within the utility easement reserved herein for Residential Units with
perimeter Residential Unit lines, 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, subject to any insurance then in effect, of all landscaping, walls,
fences, gates, signage, irrigation systems, and improvements located in the Common Elements, if
any.In the event the Association does not maintain or repair the Common Elements, if any,Declarant
shall have the right,but not the obligation,to do so at the expense of the Association. The common
elements shall include the drainage ditch adjacent to the street right-of-way whether or not the
Association or Weld County has responsibility for maintaining said street.
Section 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.
ARTICLE IX
• INSURANCE
Section 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
Colorado Common Interest Owners Act and such other Insurance as the Executive Board may,within
its discretion, determine desirable for the protection of the Common Elements,if any. Such insurance
required by this Article or the Colorado Common Interest Owners 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 Residential Unit Owner is an insured person under the policy with respect to
liability arising out of such Residential 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 Residential
Unit Owner or member of his household.
c. No act or omission by any Residential Unit Owner, unless acting within the scope of
such Residential Unit Owner's authority on behalf of the Association, will void the
policy or be a condition to recovery under the policy.
•
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• d. I1 at the time of a loss under the policy, there is other insurance in the name of a
Residential Unit Owner covering the same risk covered by the policy, the
Association's policy provides primary insurance.
An insurance policy issued to the Association does not obviate the need for Owners to obtain
insurance for their own benefit.
Section 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$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
Residential Unit Owner and board member. The Residential 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 and, in
cooperatives, also of all units. The insurance shall cover claims of one or more
insured parties against other insured parties.
Section 3. 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 Residential Unit Owners.
Section 4. Common Expenses. Premiums for insurance that the Association acquires and
other expenses connected with acquiring such insurance are Common Expenses.
Section 5. 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 and 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
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• 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. Such fidelity bonds shall be a minimum of
an amount equal to three (3) months' Assessments plus replacement reserves.
Section 6. 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.
ARTICLE X
ASSESSMENTS
Section 1. Obligation. Each Owner, including Declarant while an Owner of any Residential
Unit,is obligated to pay to the Association(i)the Annual Assessments;(ii) Special Assessments; (iii)
Default Assessments; and (iv) Restoration Assessments.
Section 2. Budget. Within thirty (30) days after the adoption of any proposed budget for
the Association by the Executive Board pursuant to the terms of the Bylaws, the Executive Board
• shall mail,by ordinary first-class mail,or otherwise deliver a summary of the budget to all the Owners
and shall set a date for a meeting of the Owners to consider ratification of the budget not less than
fourteen (14) nor more than sixty(60) days after mailing or other delivery of the summary. Unless
at that meeting a majority of all Owners reject the budget, the budget is ratified, whether or not a
quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified
by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed
by the Executive Board. The Executive Board shall adopt a budget and submit the budget to a vote
of the Owners pursuant to the provisions in the Bylaws. The Executive Board shall levy and assess
the Annual Assessments in accordance with the annual budget.
Section 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
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 default remaining from a previous assessment period, and
the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance
•
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• 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 within thirty (30) day of the Executive Board mailing
Notice of said assessment to the Owners. 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.
Section 4. Apportionment of Annual Assessments. The Common Expenses shall be
allocated among the Residential Units equally for Common Expenses in effect on the date of
assessment.
Section 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 Residential Units any
extraordinary maintenance,repair or restoration work on fewer than all of the Residential Units shall
be borne by the Owners of those affected Residential Units only, and any extraordinary insurance
costs incurred as a result of the value of a particular Owner's Residential 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.
Section 6. Default and Restoration Assessments. 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 or Restoration Assessment and shall become a lien
against such Owner's Residential Unit which may be foreclosed or otherwise collected as provided
in this Declaration. Notice of the amount and due date of such Default or Restoration Assessment
shall be sent to the Owner subject to such Assessment at least ten (10) days prior to the due date.
•
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• Section 7. Effect of Nonpayment;Assessment Lien. Any Assessment installment,whether
pertaining to any Annual, Special,Default or Restoration 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
1 g. Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Residential Unit shall constitute a lien on such Residential
Unit. The Association may institute foreclosure proceedings against the defaulting Owner's
Residential 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
Residential Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
Liens for Assessments shall be as provided in C.R.S. 38-33.3-316.
Section 8. Personal Obligation. Except for the Assessment lien, each Assessment against
a Residential Unit is the personal obligation of the person who owned the Residential Unit at the time
the Assessment became due and shall not pass to successors in title unless they agree to assume the
obligation. No Owner may exempt himself from liability for the Assessment by abandonment of his
Residential Unit or by waiver of the use or enjoyment of all or any part of the Common Elements, if
any. 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's fees in connection therewith
shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration.
•
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Section 9. Payment by Mortgagee. Any Mortgagee holding a lien on a Residential Unit
may pay any unpaid Assessment payable with respect to such Residential 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 Residential Unit for the amounts paid with the same priority as the lien of the
Mortgage.
Section 10. Statement of Status Assessment Payment. Upon payment of a reasonable fee
set from time to time by the Executive Board and upon fourteen (14) days' written request to the
Association's registered agent by personal delivery or certified mail,first class postage prepaid,return
receipt,any Owner,designee of Owner,Mortgagee,prospective Mortgagee or prospective purchaser
of a Residential Unit shall be furnished with a written statement setting forth the amount ofthe unpaid
Assessments, if any, with respect to such Residential Unit. Unless such statement shall be issued by
personal delivery or by certified mail, first class postage prepaid, return receipt requested, to the
inquiring party (in which event the date of posting shall be deemed the date of delivery) within
fourteen(14)days after receipt ofthe request,the Association shall have no right to assert a lien upon
the Residential Unit over the inquiring party's interest for unpaid Assessments which were due as of
the date of the request.
Section 11. Maintenance 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 finds 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 provide
to the(iii) Association an annual accounting and financial statement of Association funds prepared
by the Manager, a public accountant or a certified public accountant.
ARTICLE XI
CONDEMNATION
Section 1. Rights of Owners. Whenever all or any part of the Common Elements shall be
taken by any authority having power of condemnation or eminent domain or whenever all or any part
of the Common Elements is conveyed in lieu of a taking under threat of condemnation by the
Executive Board acting as attorney-in-fact for all Owners under instructions from any authority
having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the
taking or conveying.
The Association shall act as attorney-in-fact for all Owners in the proceedings incident to the
condemnation proceeding, unless otherwise prohibited by law.
•
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• Section 2. Partial Condemnation. The award made for such taking shall be payable to the
Association for the benefit of the Owners and Mortgagees and, unless otherwise required under the
Act, the award shall be disbursed as follows:
If the taking involves a portion of the Common Elements on which improvements have been
constructed,then,unless within sixty(60)days after such taking,Declarant and Owners who
represent at least eighty percent(80%)of the votes of all of the Owners shall otherwise agree,
the Association shall restore or replace such Common Elements so taken on the remaining
land included in the Common Elements to the extent lands are available for such restoration
or replacement in accordance with plans approved by the Executive Board. If such Common
Elements are to be repaired or restored, the provisions above regarding the disbursement of
funds in respect to casualty damage or destruction which is to be repaired shall apply. If the
taking does not involve any Common Elements, or if there is a decision made not to repair
or restore, or if there are net funds remaining after any such restoration or replacement is
completed, then such award or net funds shall be distributed equally among the Residential
Units, first to the Mortgagees and then to the Owners, as their interests appear.
Section 3. Complete Condemnation. If all of the Property is taken, condemned, sold or
otherwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this
Declaration shall terminate,provided that the approval is first obtained of sixty percent(60%)ofFirst
Mortgagees of Residential Units subject to First Mortgages(which percentage is measured by votes
• allocated to such Residential Units), and the portion of the condemnation award attributable to the
Common Elements shall be distributed as provided above regarding disbursement of funds for partial
condemnation.
ARTICLE XII
ASSOCIATION AS ATTORNEY-IN-FACT
Section 1. Association as Attorney-in-Fact. Each Owner hereby irrevocably appoints the
Association as the Owner's true and lawful attorney-in-fact for the purposes of purchasing and
maintaining insurance pursuant to this Declaration, including the collection and appropriate
disposition of the proceeds thereof,the negotiation and settlement of losses and execution of releases
of liability, the execution of all documents, and the performance of all other acts necessary to
purchase and maintain insurance as well as dealing with any improvements covered by insurance
written in the name of the Association upon their damage or destruction, or a complete or partial
taking as provided above. Acceptance by a grantee of a deed or other instrument of conveyance or
any other instrument conveying any portion of the Property shall constitute appointment of the
Association as the grantee's attorney-in-fact, and the Association shall have full authorization, right
and power to make, execute and deliver any contract, assignment, deed, waiver or other instrument
with respect to the interest of any Owner which may be necessary to exercise the powers granted to
the Association as attorney-in-fact.
•
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• ARTICLE XIII
RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS
Section 1. Reservation of Withdrawal Rights. Declarant reserves the right for himself and
any Successor Declarant at any time and from time to time to withdraw from the provisions of this
Declaration,Residential Units and/or Common Elements provided,however,that a Residential Unit
may not be withdrawn after that Residential Unit has been conveyed by Declarant to a purchaser as
that term is defined in Section 38-33.3-103 of the Act. Additionally, none of the Common Elements
may be withdrawn after any Lot is conveyed by Declarant to a purchaser.
Section 2. Other Reserved Rights. Declarant reserves the right for himself and any
Successor Declarant at any time and from time to time to maintain and relocate sales offices,
management offices, signs advertising the Project of any size on one or more Residential Units and
within the Common Elements so long as Declarant or Successor Declarant continues to be an Owner
of a Residential Unit or the period of Declarant control has not terminated pursuant to the terms of
the Association Documents.
Section 3. Termination of Rights. The rights reserved to the Declarant for himself, his
successors and assigns in this Article shall expire, unless sooner terminated as required by the Act
upon the earlier of: (i)sixty(60)days after conveyance of eighty percent(80%)of initially designated
• Residential Units to Owners other than Declarant; (ii) two (2) years after Declarant has ceased to
offer Residential Units for sale in the ordinary course of business;or(iii)two(2)years after any right
to add new Residential Units was last exercised. My management contracts, contracts or leases
between the Association and the Declarant or an affiliate of the Declarant, or any contracts or leases
which are not bona fide or were unconscionable to the Owners may be terminated by the Executive
Board after the end of the Declarant control upon not less than ninety (90) days' notice to the other
party.
Section 4. Transfer of Records. Within sixty (60) days after the Owners other than the
Declarant elect a majority of the members of the Executive Board, the Declarant shall deliver to the
Association all property of the Owners and of the Association held by or controlled by the Declarant,
including the following:
a. The original or a certified copy of this recorded Declaration;
b. An accounting for Association funds and financial statements from the date the
Association received funds and ending on the date the period of Declarant control
ended;
c. The Association funds or control thereof;
d. A copy of any plans and specifications used in the construction of the Common
• Elements, if any;
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• e. All insurance policies in force;
f. All certificates of occupancy, if any;
g. Any other permits issued by governmental bodies applicable to the common interest
community and which are currently in force or which were issued within one year
prior to the date on which Owners other than the Declarant took control of the
Association;
h. Written warranties of any contractors, subcontractors, suppliers, and manufacturers
that are still effective;
i. A roster of Owners and mortgagees and their addresses and telephone numbers, if
known, as shown in the Declarant's records;
j. Employment contracts in which the Association is a contracting party; and
k. Any service contract in which the Association is a contracting party or in which the
Association or the Owners have any obligation to pay a fee to the person(s)
performing the service.
• ARTICLE XIV
MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers or guarantors of First
Mortgages on Residential 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.
Section 1. Distribution of Insurance or Condemnation Proceeds. In the event of a
distribution of insurance proceeds or condemnation awards allocable among the Residential 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 Residential Unit.
Section 2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against
Residential 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.
•
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• Section 4. Audited Financial Statement. Upon written request from any Agency or
Mortgagee which has an interest or prospective interest in any Residential 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.
Section 5. 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 Residential Unit number),will be entitled to timely written notice
of:
a. Any proposed amendment of the Association Documents effecting a change in(i)the
boundaries of any Residential Unit or the exclusive easement rights appertaining
thereto, (ii)the interest in the Common Elements appurtenant to the Residential Unit
or the liability of Assessments relating thereto, (iii) the number of votes in the
Association relating to any Residential Unit, or (iv) the purposes to which any
Residential Unit or the Common Elements are restricted or any amendment or
expansion as set forth below;
b. Any proposed termination of the common interest community;
c. Any condemnation loss or any casualty loss which affects a material portion of the
• Project or which affects any Residential Unit on which there is a First Mortgage held,
insured or guaranteed by such Agency;
d. 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;
e. Any lapse, cancellation or material modification of any insurance policy maintained
by the Association pursuant to this Declaration.
Section 6. 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.
ARTICLE XV
DURATION OF COVENANTS AND AMENDMENT
Section 1. Term. The covenants and restrictions of this Declaration shall run with and bind
the land for twenty(20)years and shall be automatically extended for successive twenty-year periods,
•
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• unless an instrument is signed and recorded revoking or terminating the Project pursuant to the
provisions of this Declaration or the Act.
Section 2. Amendment. This Declaration, or any provision of it, may be amended at any
time by Owners holding not less than eighty percent(80%)of the votes possible to be cast under this
Declaration at a meeting of the Owners called for that purpose. Annexation of property which will
result in an increase of Annual Assessments to each Owner of less than ten percent (10%) of the
Annual Assessments assessed in the previous year shall not require an affirmative vote of the First
Mortgagees or the Owners. If approval of the First Mortgagees is required, such approval shall first
be obtained from sixty percent (60%) of First Mortgagees of Residential Units subject to a First
Mortgage (which percentage is measured by votes allocated to such Residential Units). A First
Mortgagee shall be entitled to notice and the right to appro*e amendments, in accordance with the
provisions of this Declaration, if the amendment to the Association Documents add any material
provisions which establish,provide for, govern or regulate any of the following:
a. Voting;
b. Increases in Annual Assessments greater than ten percent (10%) of the Annual
Assessments assessed in the previous year, Assessment liens or subordination of such
liens;
• c. Reserves for maintenance or repair and replacement of the Common Elements;
d. Insurance or fidelity bonds;
e. Reallocation of interests in the Common Elements, or rights to use of the Common
Elements;
f Responsibility for maintenance and repair of the Project;
g. Expansion or contraction of the common interest community, the addition or
withdrawal of property to or from the common interest community, or annexation
except as provided in this Declaration;
•
h. Boundaries of any Residential Unit;
i. The interests in the Common Elements;
j. Convertibility of Residential Units into Common Elements or of Common Elements
into Residential Units;
k. Hazard or fidelity insurance requirements; and
•
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• 1. Restoration or repair of the Association(after damage or partial condemnation)other
than as specified herein.
Any amendment must be executed by the President of the Association and recorded, and
approval of such amendment may be shown by 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 Map to the fullest extent permitted under
the Act and this Declaration.
Section 3. Revocation. This Declaration shall not be revoked nor shall the regime created
hereby be terminated (except as provided above regarding total destruction and/or total
condemnation), without (i)the consent of all of the Owners evidenced by a written instrument duly
recorded with the Clerk and Recorder and (ii) the consent of eighty percent (80%) of First
Mortgagees of Residential Units subject to First Mortgages(which percentage is measured by votes
allocated to such Residential Units).
ARTICLE XVI
ANNEXATION OF ADDITIONAL PROPERTY
Section 1. Annexation without Approval. Until seventy-five percent (75%) of the Resi-
• dential Units have been sold, Declarant may unilaterally annex and subject Outlot A or any part
thereof to this Declaration. Such annexations may be completed in one or more phases in the sole
discretion of the Declarant or its Successor. Such annexation shall be accomplished by filing with the
Clerk and Recorder one or more Supplemental Declarations annexing such property, signed by the
Declarant or its successor and one or more Supplemental Maps created by a licensed surveyor
depicting the parcel to be annexed. Such Supplemental Declaration(s) shall not require the consent
of the Owners, but shall require the consent of the Owner of such property to be annexed, if other
than Declarant. The cost of preparing the Supplemental Map(s) shall be borne by the Owner
proposing the annexation. Any such annexation shall be effective upon the filing for record of such
Supplemental Declaration and Supplemental Map unless otherwise provided therein. Nothing in this
Declaration shall be construed to require the Declarant or any successor to annex or develop any of
the property described as Outlot A or any part thereof in any manner whatsoever.
Section 2. Annexation with Approval of Executive Board or Owners. The Executive
Board ofthe Association may annex additional residential real property whose use is harmonious with
the uses of the Property within the Association to the provisions of this Declaration upon request by
and with the consent of the Owner of such property during and after the period of Declarant Control.
Any such proposed annexation shall be approved by the Executive Board by a vote of a simple
majority of a quorum of Directors entitled to vote, as such quorum is defined in the Bylaws, and
without notice to or first obtaining the affirmative approval of the majority of the Owners unless the
proposed annexation will result in an increase in Annual Assessments to all Owners of more than ten
percent(10%) of the Annual Assessments assessed in the previous year. In such a case, the Owners
•
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• shall receive notice of the proposed annexation as provided in the Association Documents and shall
be entitled to vote on the proposed annexation. Mortgagees requesting notice under the provisions
of this Declaration shall be notified accordingly and shall be entitled to vote on any proposed
annexation which requires a vote of the Owners. After approval of by the First Mortgagees of
Residential Units subject to First Mortgages as set forth above has been obtained, a sixty percent
(60%) majority of all of the Owners entitled to cast a vote shall constitute approval of the proposed
annexation and corresponding increase in Assessments.
After approval by the Executive Board or the Owners, as the case may be, annexation shall
be accomplished by filing a Supplemental Declaration and a Supplemental Map, describing the
property being annexed, with the Clerk and Recorder. Any such Supplemental Declaration shall be
signed by the President and the Secretary of the Association and by the Owner of the annexed
property. The Owner proposing the annexation shall bear the cost of having a Supplemental Map of
the annexed property prepared by a licensed surveyor. If an affirmative vote of the First Mortgagees
and the Owners was required, the Supplemental Declaration and Supplemental Map shall be
accompanied by a certificate of the Secretary of the Association certifying the approval of a sufficient
number of First Mortgagees and Owners of the proposed annexation. Any annexation shall be
effective upon filing unless otherwise provided in the Supplemental Declaration.
Section 3. Acquisition of Common Elements. Declarant may convey additional real estate,
improved or unimproved, located within the Project or adjacent thereto, which upon conveyance or
• dedication to the Association shall be accepted by the Executive Board on behalf of the Association
and thereafter shall be maintained by the Association at its expense for the benefit of all its members.
Section 4. Amendment. This Article shall not be amended without the written consent of
Declarant, so long as the Declarant owns twenty percent (20%) or more of the Residential Units.
Section 5. Effect. The filing of a Supplemental Declaration and Supplemental Map,annexing
property to the Association shall not be construed as an amendment to this Declaration requiring a
vote of eighty percent (80%) of the Owners under the provisions of this Declaration.
ARTICLE XVII
GENERAL PROVISIONS
Section 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 Declara-
tion 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.
•
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Section 2. Covenants Run with the Land. It is expressly understood and agreed that
all covenants, conditions, and restrictions contained herein are intended to and shall run with
the property, and Declarant hereby agrees, for himself and his successors and assigns, that
such covenants, individually and collectively, touch and concern the property and shall be
binding, fully in all respects upon Declarant's successors in title to the property, regardless of how
succession of title may be accomplished.
Section 3. Benefits also run with Outlot A. It is expressly understood and agreed that all
covenants, conditions and restrictions contained herein are intended to and shall run with the
property as described in the proceeding paragraph. Additionally, it is expressly understood and
agreed that all benefits contained in the convents, conditions and restrictions contained herein are
intended to and shall run with and be appurtenant to Outlot A. While the benefits of the covenants
contained herein including the right of enforcement shall be appurtenant to Outlot A, none of the
burdens, obligations or responsibilities shall affect or be appurtenant to said Outlot A. Declarant,
hereby agrees, for himself; his successors and assigns, that all such covenants, individually and
collectively, touch and concern the property and shall be binding fully and in all respects upon
Declarant's successors in title to the property regardless of how succession of title shall be
accomplished. Additionally,Declarant hereby agrees for himself, his successors and assigns that the
benefits of such covenants touch and concern Outlot A as more specifically described herein and said
benefits shall run with Outlot A in all respects to Declarant's successors in title to Outlot A.
• Section 4. Enforcement. Except as otherwise provided in this Declaration, the Executive
Board, Declarant, any Owner or the owner of Outlot A or any part thereof 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 or by any Owner to enforce any covenant or restriction contained
in this Declaration shall in no event be deemed a waiver of the right to do so thereafter.
Section 5. 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.
Section 6. 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.
DECLARANT:
-76•71deO 77412
Jo Avery Sutter # James Ted Sutter
By John Avery Sutter, Attorney in Fact
•
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IIi11111111111111111111 IIII 11111111111 III 11111 IIII IIII
2781693 07/20/2000 12:1913 JA Suki Tsukamoto
34 of 36 R 180.00 D 0.00 Weld County CO
.
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 74.day of July,2000,by John
Avery Sutter.
WITNESS m . d and official seal.
PAy..P17;\
My co 'i:,1 aion a tp y, _ _ c 3
i KELLY L. fY s
c I. BELDEN 'o; Notiary Pudic
STATE OF tiSLTIVegefires 8 9.2003
)) ss.
COUNTY OF WELD )
•
The foregoing instrument was acknowledged before me this /744-,day of July,2000,by John
Avery Sutter as Attorney in Fact for James Ted Sutter.
WITNESS my hand and official seal.
My commission expires: C -'l -O3
\pPy, PUB6, Notary Public
KELLY L.
BELDEN o
qTF O 'F e.p\-�Q�
My Commisswn Expires 8.9.2003
.
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1 111111 11111 111111111111 111 111111 11'11 111 1111111 1111
2781635 of93 360R/20/2000 180.00 D 0.00 P JA Suki Tsukamoto
Weld County CO
• EXHIBIT A
MINIMUM ARCHITECTURAL DESIGN STANDARDS FOR
RESIDENTIAL CONSTRUCTION
AVERY ACRES, P.U.D.
Section 1. Diversity of Architectural Styles. It is the intent of these guidelines to insure that
each home remains compatible with the neighborhood as a whole. Domes, hyperbolic parabolas,
modular homes, mansard roofs, and flat roofs will not be permitted in Avery Acres P.U.D. unless
specifically approved by the Executive Board.
Section 2. Minimum Square Footage and Buildingkleight. The ground floor finished area
of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than one
thousand six hundred fifty (1,650) square feet for a one-story residence; not less than one thousand
one hundred (1,100) square feet for the first floor of a two-story residence; and, not less than two
thousand (2,000) square feet above grade for the floors of a bi-level, tri-level or raised ranch
residence. The total square footage minimum for the main floor and upper floors of a two-story,
multi-level,bi-level,tri-level, or raised ranch residence shall not be less than two thousand (2,000)
square feet. The maximum building height of any residence constructed shall be thirty (30) feet
measured from the top of the foundation to the crest of the highest roof line (excluding chimneys,
cupola).
•
Section 3. Roof Pitches. The roof pitch on any residence must be between 5/12 and 12/12.
Section 4. Exterior Elevation of Residences. Any residential plan should be designed to
look attractive from all four sides. Decorative elements(masonry veneer,shutters,dormer windows,
etc.) should not be limited to the front side of the residence. Fireplaces and full height of any
chimney must be fully enclosed with compatible material or masonry to the exterior siding of the
residence.
Section 5. Residence Window and Door Placement. The placement of windows and doors
within the residence on flat walls should align vertically and horizontally and should not be randomly
located.
Section 6. Standards Regarding Use of Exterior Materials. Exterior materials shall be
limited as follows:
a. Wood siding shall be restricted to natural wood boards or shingles, stained or
painted, with a minimum recommended twenty percent (20%) pigment.
b. Hardboard siding shall be restricted to pre-finished or painted with natural colors as
defined in Section 7.
• c. Masonry siding shall be required for a minimum of seventy five percent(75%) net
of window and door openings of the entire residence. The Executive Board may
alter this requirement to accommodate specific styles of construction where, in the
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2781693 07/20/2000 12:19P JA Staid Tsukamoto
36 of 36 R 180.00 D 0.00 Weld County CO
• opinion of the Executive Board, the masonry requirements would be detrimental to
the style, look and appeal of the home.
d. Garage fronts that are recessed or side load are encouraged.
e. The roofing material to be utilized upon homes in the subdivision shall be a
minimum twenty five (25) year heritage or equivalent. Roofing colors must be
limited to natural material colors or earth tone. Alternative materials may be used if
approved by the Executive Board. No wood roofs allowed.
f. Window frames shall be painted wood,natural wood,painted steel,anodized painted
aluminum, or vinyl cladding.
g. Foundation walls shall not be exposed, except six inches above grade.
h. All fascia shall be a minimum of eight(8) inches and all soffits shall be a minimum
of twelve (12) inches.
Section 7. Color of Exterior Materials. ALL EXTERIOR COLORS MUST BE
APPROVED BY THE EXECUTIVE BOARD PRIOR TO CONSTRUCTION.The color of exterior
• materials used on the residence must be subdued and blend with the colors of the natural landscape.
Earth tones, generally muted,are recommended. Accent colors on exterior doors, window frames,
fascias,soffits and trim,used with restraint and in a manner which does not exceed five percent(5%)
of the surface of the residence, may be approved by the Executive Board.
Section 8. Setbacks. The setbacks which will be enforced by the Executive Board are the
same building setbacks that are required by the County of Weld, State of Colorado.
Section 9. Site Grading. Exterior grading shall be adequate for drainage away from the
house and adjacent houses;however,the grading shall not be forced to allow basement garden level
or walkout windows and doors, except through the use of area walls. Houses shall be sited to •
complement existing or planned houses on adjacent sites. Large elevated decks or patios are
discouraged.
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July 36 ^..2000�
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