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HomeMy WebLinkAbout20060376.tiff T'EA:M Engineering 3468 Shallow Pond Drive Fort Collins, CO 80528 (970) 231-9937 January 10, 2006 Ms. Sheri Lockman, Planner Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Prairie Hollow Estates MF-1039 North Half of Section 10,T7N, R67W, 6th P.M. Parcel Number 0705 10 100018 Dear Sheri: In response to Item 1, paragraphs A& B on page 4 of Staffs Administrative Recommendations for Prairie Hollow Estates,we offer the following information: Mineral Rights We have recently purchased ownership of all mineral rights associated with this property. Attached is the documentation relating to the transfer of these interests. Well Permits Two well permit applications were approved by the State Engineer for this parcel. These applications were submitted to the State Engineer earlier in the review process when it was not clear if a potable water source would be available for this project As of yet these wells have not been drilled. Well Permit Number 257093 will expire on May 21, 2006 and Well Permit Number 258025 will expire on July 7, 2006. It is our intention at this time to not drill either well and let both permits expire. The well permits are attached. Covenants Also attached is an updated version of covenants for this project Substantial changes have been made to this document I EXHIBIT 2006-0376 1 flit Wos9 Ms. Sheri Lockman, Planner Weld County Department of Planning Services January 10, 2006 Page Two We believe that this information will satisfy your requirements relating to the final submittal for Prairie Hollow and look forward to taking this action before the County Commissioners. Please call me at(970)231-9937 if you need additional information. iiwi , P.E. ineering Attachments Cc: Charles Meserlian MINERAL DEED THIS DEED is a conveyance from the individuals named below as GRANTOR to the individual named below as GRANTEE. The GRANTOR hereby sells,grants and quit claims to the GRANTEE all of GRANTOR's interest in and to the oil,gas, and other minerals in and under and that may be produced from the real property described below. The specific Terms of This Deed Are: GRANTOR: Terri Sidwell,Justin Sidwell,Linda Sidwell And Jerry Sidwell as individuals 28491 WCR 64 ''A Gill,CO 80624 GRANTEE: Charles Meserlian 2324 Plains Court Fort Collins,CO 80521 Form of Ownership: As conveyed by a Mineral Deed from the RFD Family Partnership,LLLP to Terry Sidwell,Justin Sidwell,Linda Sidwell and Jerry Sidwell as individuals as executed on May 25,2004 and filed with the Weld County Clerk at Reception Number 3186117 on June 3,2004. Property Description: A parcel situate in the North Half of Section 10,Township 7 North,Range 67 West of the 6th Principal Meridian more particularly described as Parcel 3 on attached Exhibit"A". Property Address: Located at the Southwest Corner of WCR 84 and WCR 21. Executed by the GRANTOR on the_day of December,2005. Terri Sidwell STATE OF COLORADO ) ) ss County of Weld ) \`��ammxnrytii� The foregoing instrument was acknowledged before me theof... SATyF�,y�� g g g S day �r �+� Det,cn,ber,2005, By Terri Sidwell. ='aoTArt \= San. aoola• �OSPa CI My Commission expires: 1/2 V o op•t•I°u Bt.�G 9 t0: Notary Public 'atone`" ftinirminito0 Pagel o Justin Sidwell STATE OF COLORADO ) ) ss County of Weld ) `4 USA7kieli,,i The foregoing instrument was acknowledged before me the 5 day of ` OpN ."""F,� ''�s, -9 ber,2005,By Justin Sidwell. , ' dr AF t. Ian. aoote = I: ? �.� ' My Commission expires: VZ i/o le ) .p�s�,a 5 c Notary Public C''':.1?OF Eb\c, nmmmnm /. '7I% `G 1 Linda Sidwell STATE OF COLORADO ) )ss County of Weld ) The foregoing instrument was acknowledged before me the.day of �o\` A.\SA77-/s/ December, 2005,By Linda Sidwell. �0.' ....�.ti � -San. Roma = i. orARy^ 1 . 1 rz My Commission expires: //2 9/0 (P /01#1. a. log s r'.i Bi-�G:O Notary Public '3 t-5.),. _ P' le S dwell STATE OF COLORADO ) ) ss County of Weld ) The foregoing instrument was acknowledged before me the 5 day of Deeemberc2005,By Jerry Sidwell. "ummumu -San . a 0O(e(e .��``A Sed.e'4ii My Commission expires: V z Vo le 11Ciko • •••• s. r Notary Public .1, �. Page 2 of 3 ' ''''.;, OF Go 'P Exhibit "A" • Subject Property: Township 7 North, Rayne 67 West. 6th P.M..Weld County,CO Section 10: That part of the N%described as follows(considering the East fine of the NE 1/4 of Section 10 to bear an assumed bearing of S 00'10'31"W with all bearings contained herein relative thereto): Beginning at the E 1/4 corner of said Section 10;thence along the East-West centerine of said Section 10 S 89'51'52"W 4605.19 feel:thence N 0061412°W 1615.86 feet to the approximate cerderhrre of the tanner Canty Camas; thence along said centenfne the following 19 courses: S 28'34'20'E 268.20 feet thence S 25'40'18'E 294.015 feet;thence S 30'29'27"E 167.95 feet thence S 45"21'31"E 98.34 feet thence S 52'02'47"E 124.51 feet thence S 4.364120°E 765.46 feet thence S 56-5526"E 68.03 feet thence S 67'43'15"E 102.76 feet thence S 8125'01"E 112.08 feet thence N 8706'54"E 366.77 feet thence N 83'11'58"E 211.97 feet thence N 75'20'55'E 340.27 feet thence N 66'19'18"E 472.66 feet thence N 47'23'14"E 81.91 feet thence N 26'50147"E 64.73 feet thence N 1009°E 7728 feet thence N 17.50137"W98.85 feet thence N 34'04'18"W99.06 feet thence N 43.59'35"W 123.71 feet to the NW corner of Recorded Exemption No.0705-10-1-RE3175,said point being the TRUE POINT OF BEGINNING;thence continuing along said canteen the following 11 courses: N 43'59'35"W 666.87 feet thence N 16'02"33"W 152.38 feet thence N 28'10'30'E 220.56 feet thence N 50'0121'E 199.16 feet thence N 64'56'12'E 75.73 feet thence N 51'04'32'E 66.83 feet thence N 08'1519"E 112.69 feet thence N 13'22'29'W 56.11 feet thence N 22'48'3V W 198.05 feet thence N 16'58'07"W 28423 feet to the North tine of the NE 1/4 of said Section 10;thence along said North ire N 89'5736'E 209929 Set to the NE comer of said Section thence along the East tine of said NE%S 00'10'31"W 144213 feet to the PEE corner of Subtivision Exemption No.908;thence along the Nest the of said Subdhvision Exemption S 85'34'21"W 354.89 feet to the NW corner of said Subtivision Exemption,said poet being also the NE corner of said Receded Exemption No.0705-101-RE3175;thence along the North line of said Recorded Exampbtn the following 2 courses:S 85'34-21- W 64.14 feet thence S 82'30'20"W 1656.84 feet more or less to the TRUE POINT OF BEGINNING. Page 3 of 3 OCT-04-03 !3:21 FRCM-DIVISI3P OF WATER RESOURCE'S 3039662223 1-919 F 02/02 F-463 Form No- OFFICE OF THE STATE ENGINEER C>WS-25 COLOR aMSI0�1d OF V IaTELRESOURCES CM centennial 1 Marian Mn+ar. 3 )303)8665361 LIG WELL PERMIT NUMBER 257003 DIV. 1 WD3 DES.BASIN MD aeugNir APPROVEQ W Ea -LOCATION WEIR COUNTY NW 1/4 NE 1/4 Section 10 Township 7 N Range 67 W Sixth P.M. CHARLES MEC' RLIAN DISTANCES FROM SE CTK N LINES F PLAINS CTT Smart 1 Fi FT C C.OU INS.CC 80621- from Ft.from Section Line UTM COORDINATES (970)480-1251 Northing: Easing: _ PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER AWATER ATE2 RIGHT CONDITmfq QE APPROVAL 1) This Weil shad be seed in such away a to cause no materiel reap'to aeon wamf fonts The issuance of aria Penn p does not ensure that no injury will occur to anmiervesed war riyrt or precuts another owner of a v-ted water right train soaking rate(in a call court acorn. 2) The construction,if this well shell be in compliance vrith the Water Walt Commotion Rules 2 CCR 402-2.unless approval of a variance nos been granted by the State Board of Examiners of Water Web Caretrucabn and Puntp tinslatlaion Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-62-602(3)04INA)as the only wall on a tract of land of 40.00 acres described as that portion hah at me NW 114 of 7e NE 114,Sec.10,Twp.T N,Rog.67 W.S P.M..Weld Courtly.more panicutrh the attached exhibit A. not 4) The use of ground water from this wen Is tinted to fie protection.ordinary houseboatthan purposes inside m id ranch de nof and more s the trews(3)stale family dwellings,rite watering of poultry.domestic animals and livestock on a irrigation of not mare than one 41)acre of horns gardens and lawns. 5) The pumping rase of this well shah not armee 15 GPM- 6) The return flow tram Ors use of this wet must be through an individual waste weer disposaltem of the on-evaporative type emote me water is retuned to the same SUS eyatfl 7) Pusuant to Rule 62.3 of the Water weu Construction Rules,the well construction contactor snap whorl the as-built wets location 00 work epons required by Role 17.3 within 60 days of completion at the wed. The mattered location must be scums to 200 feet of the actual location. The macron informatkin must include elder the 114.114,Section,Townattp. Range.and distances torn section Inet or a GPS location pursuant to tie Ovision of Water R�asoa-ce5 gtddelnes. / 5-- 2/ -2eo`t•• • APPROVED 21 . ,L-IOCJ 0I - PAT 3tata Engineer DATE ISSUED 05-21-2004 WEXPIRATION DATE 05-21-2006 Receipt:No.0523351A •,a r. V& rig. • Form No. OFFICE OF THE STATE ENGINEER w GWS-25 1COLON"�a DO o��vnt�en0 � alt ESOURCES (303)88&3561 LIG t WELL PERMIT NUMBER MOTO GIV. 1 WD3 DES.BASIN MD APPLICANT - APPROVW WELL LOCATIOJ WELD COUNTY NE 114 NE 114 Sedate 10 CHARLES MESERLIAN Township 7 N Range 67 W Sixth Pk 2324 PLAINS CT DISTANCES FROM @E y-TION LWE.4 FT COLLINS,CO 80521- Ft.from Section Line FL from Section Line UTM COORDINATES (WO)490-1251 Epp; PERMIT TO CONSTRUCT A WELL Northing: ISSUANCE OF THIt PERMIT DOES NOT CONFER A WATER RIGHT CONDOMS OF APPROVAL 1) This well Shall be used in such a way anomie mew no material Inlay to waling*MR tiplda. The aaracs of die Penn doss not ensure that uo i4ay WV ousor to arra or voided wearright or preclude another owner of a cried wear, fl torn seeking fe,W iii a cw7 court action. 2) The canaauwiiti of this welt shall 0e in cenplia n-a with the Was Wd Ouea motion Rules 2 CCR 402 2.unless eppcam o1 a variance has been granted by the Sate road 0d Eacem(nera of Water Weil Conmuc4on and r warp lneta'atiou Contactors in accomanca With Rule it 3) APPmved perwant to CR5 3742.802(3)PORI A)as the only well on a otter of land of 40.00 acres.ieacfr,ed as tat pontoi of the NE 1M of the NE 1/4.Sea 10,Top.7N.Rrg.67 W,Shaft P.M.,Weld anew.more palm 41y de settled on me attached esilti A. 4) The use of mound water hum this wall is Sneed to Re protealon.nay household purposes inside not more den case(3)single family dwellings,the watering of poetry,domestic animals and Nyestoai on a fare,in ranch and the Irrigation of not mae than one(1)we of home gardens and laeea- 5) The pumping rate of Ws well stool not rea sad 15 GPM 6) The return flow from the use of this well mot ea through en individual waste wafer disposal oaten o too ron•evaporamm type where the waster is tenured to the sane stream system at Wen the wet it,lo3N 2. 7) Pursuant to Rule 5.2.3 of the Waver Well Corhhuction Rules,me sell co souctioft contractor anal suCmit the area rut location on wok moods requited by Rude 1T-3 wide SO days of completion tl de welt The mast wets location fat be actuate to 230 feet of the actual location. The donation irdon anion must include Qtna the t14,1/4,Sedan.Toe nship. Range.and distances from sexton Mss,or a GPS kncatoa paced to the Wigton of Water Resources'guidesu.w. lairT 7-7- Zoo-f APPROVED A 9& • LiPa ''�d+���ddd+��11CCCC PATfia,t-...11 i Y • Y'E� . 1 B Stele Engineer TE I U D 07 - DAT€ 0-; 7- WaselaillIMES BYLAWS OF PRAIRIE HOLLOW ESTATES HOMEOWNERS ASSOCIATION ARTICLE I INTRODUCTION These are the bylaws of the Prairie Hollow Estates Homeowners Association Inc. (the "association") which shall operate Common Amenities, Roadway Easement and enforce the provisions of the Declaration of Covenants and Restrictions for Prairie Hollow Estates, a rural residential minor subdivision located in Weld County, Colorado, in accordance with the provisions of C.R.S. .38-33.3-101, et sec. ARTICLE II- BOARD Section 2.1 —Number and Qualifications- Termination of Declarant Control. (a) The affairs of the Community and the Association shall be governed by an Executive Board which shall consist of not less than three persons, and following the period of Declarant, shall be Unit Owners. If any Unit is owned by a partnership or corporation, then any officer, partner or employee of that Unit Owner shall be eligible to serve as a Director and shall be deemed to be a Unit Owner for the purpose of the preceding sentence. Directors shall be elected the Unit Owners, except those appointed by the Declarant. At any meeting at which Directors are to be elected, the Unit Owners may, by resolution, adopt specific procedures which are not consistent with these Bylaws or the Colorado Nonprofit Corporation Act for conducting the elections. (b) The terms of at least one-third of the Directors not appointed by the Declarant shall expire annually, as established in resolution of the Unit Owners. (c) The Declaration shall govern appointment of Directors of the Executive Board during the period of Declarant control. (d) The Executive Board shall elect the officers. The Directors and officers shall take office upon election. (e) At any time after Unit Owners, other than the Declarant, are entitled to elect a Director, the Association shall call a meeting and give not less than 10 nor more than 60 days notice to the Unit Owners for this purpose. This meeting may be called and the notice may be given by any Unit Owner if the Association fails to do so. 1 Section 2.2 —Powers and Duties. The Executive Board may act in all instances on behalf of the Association, except as provided in the Declaration, or in these Bylaws. The Executive Board shall have, subject to the limitations contained in the Declaration and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Community, including the following powers and duties: (a) Adopt and amend Bylaws and Rules and regulations promulgated thereunder; (b) Adopt and amend budgets for revenues, expenditures and reserves; (c) Collect assessments for Common Expenses from Unit Owners; (d) Hire and discharge agents; (e) Hire and discharge employees, independent contractors and agents other than managing agents; (f) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Association's Declaration, Bylaws or Rules in the Association's name, on behalf of the Association or two or more Unit Owners on matters affecting the Community; (g) Make contracts and incur liabilities; (h) Regulate the use, maintenance, repair, replacement and modification of Common Amenities; (i) Cause additional improvements to be made as a part of the Common Amenities; (j) Acquire, hold, encumber and convey, in the Association's name, any right, title or interest to real estate or personal property, but Common Amenities may be conveyed or subjected to a security interest only pursuant to affirmative vote of not less than 75% of the Unit Owners; (k) Grant licenses and concessions for no more than one year; (1) Impose and receive a payment, fee or charge for services provided to Unit Owners and for the use, replacement and operation of the Common Amenities; (m) Impose a reasonable charge for late payment of assessments and, after notice and hearing, levy a reasonable fine for a violation of the Declaration, these Bylaws, and any duly enacted Rules and Regulations of the association; 2 (n) Impose a reasonable charge for the preparation and recording of amendments to the Declaration and for statements of unpaid assessments; (o) Provide for the indemnification of the Association's officers and the Executive Board and maintain Directors' and officers' liability insurance; (p) Exercise any other powers conferred by the Declaration or Bylaws; (q) Exercise any other power that may be exercised in the state by a legal entity of the same type as the Association; (r) Exercise any other power necessary and proper for the governance and operation of the association; (s) Exercise the power to oversee any and all rent agreements between perspective renter's and Homeowner's, and the ability to accept or reject the lease. (t) By resolution, establish committees of Directors, permanent and standing,to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the committee. All committees must maintain and publish notice of their actions to Unit Owners and to the Executive Board. However, actions taken by a committee may be appealed to the Executive Board by any Unit Owner within 45 days of publication of notice of that action, and the committee's action must be ratified, modified or rejected by the Executive Board at its next regular meeting. (u) The Executive Board has the power to do background criminal checks on all prospective buyers of lots and homes. Section 2.3 — Manager. The Executive Board may employ a Manager at a compensation established by the Executive Board, to perform duties and services authorized by the Executive Board. The Executive Board may delegate to the Manager only the powers granted to the Executive Board by these bylaws under Section 2.2, Subdivisions (t), (c), (g), and (h). Licenses, concessions and contracts may by executed by the Manager only pursuant to specific resolutions of the Executive Board and to fulfill the requirements of the budget. Section 2.4 — Removal of Directors. The Unit Owners, by a two-thirds vote of all persons present and entitled to vote, at any meeting of the Unit Owners at which a quorum is present, may remove any Director of the Executive Board, other than a Director appointed by the Declarant,with or without cause. Section 2.5 — Vacancies. Vacancies in the Executive Board, caused by any reason other than the removal of a Director by a vote of the Unit Owners, may be filled at a 3 special meeting of the Executive Board held for that purpose at any time after the occurrence of the vacancy, even though the Directors present at that meeting may constitute less than a quorum. These appointments shall be made in the following manner: (a) As to vacancies of Directors whom Unit Owners other than the Declarant elected, by a majority of the remaining elected Directors constituting the Executive Board; and (b) As to vacancies of Directors whom the Declarant had the right to appoint, be the Declarant. Each Person so elected or appointed shall be a Director for the remainder of the term of the Director so replaced. Section 2.6 — Regular Meetings. The first regular meeting of the Executive Board following each annual meeting of the Unit Owners shall be held within 10 days after the annual meeting at a time and place to be set by the Unit Owners at the meeting at which the Executive Board shall have been elected. No notice shall be necessary to the newly elected Directors in order to legally constitute such meeting, provided a majority of the Directors are present. The Executive Board may set a schedule of additional regular meeting by resolutions, and no further notice is necessary to constitute regular meetings. Section 2.7 — Special Meetings. Special meetings of the Executive Board may be called by the President or by a majority of the Directors on at least three business days' notice to each Director. The notice shall be hand-delivered or mailed and shall state the time, place and purpose of the meeting. Section 2.8 — Location of Meetings. All meeting of the Executive Board shall be held within Weld County, Colorado, unless all Directors consent in writing to another location. Section 2.9 — Waiver of Notice. Any director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Executive Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required, and any business may be transacted at such meeting. Section 2.10 — Quorum of Directors. At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business, and the votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision to the Executive Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjourn the meeting. At any adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice. 4 Section 2.11 — Consent to Corporate Action. If all the Directors or all Directors of a committee established for such purposes, as the case may be, severally or collectively consent in writing to any action taken or to be taken by the Association, and the number of the Directors constitutes a quorum, that action shall be a valid corporate action as though it had been authorized at a meeting of the Executive Board or the committee, as the case may be. The secretary shall file these consents with the minutes of the meetings of the Executive Board. Section 2.12 — Telephone Communication in Lieu of Attendance. A director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and the presence noted as if that Director were present in person on that particular matter. ARTICLE 3 -UNIT OWNERS Section 3.1 — Annual Meeting. Annual meetings of Unit Owners shall be held in January of each year at such date set forth in the notice. At these meetings, the Directors shall be elected by ballot of the Unit Owners, in accordance with the provisions of Article 2 of the Bylaws. The Unit Owners may transact other business as may properly come before them at these meetings. Section 3.2 — Budget Meeting. Meetings of Unit Owners to consider proposed budgets shall be called in accordance to the Act. The budget may be considered at Annual or Special Meetings called for other purposes as well. Section 3.3 — Special Meetings. Special meetings of the Association may be called by the President, by a majority of a member of the Executive Board or by Unit Owners comprising 20 percent of the votes in the Association. Section 3.4 — Place of Meetings. Meetings of the Unit Owners shall be held at the project or may be adjourned to a suitable place convenient to the Unit Owners, as may be designated by the Executive Board or the President. Section 3.5 — Notice of Meetings. The secretary or other officer specified in the Bylaws shall cause notice of meetings of the Unit Owners to be hand-delivered or sent prepaid by United States mail to the mailing address of each Unit or the mailing address designated in writing by the Unit Owner, not less than 10 nor more than 60 days in advance of a meeting. No action shall be adopted at a meeting except as stated in the notice. Section 3.6 — Waiver of Notice. Any Unit Owner may, at any time, waive notice of any meeting of the Unit Owners in writing, and the waiver shall be deemed equivalent to the receipt of notice. 5 Section 3.7—Adjournment of Meeting. At any meeting of Unit Owners, a majority of the Unit Owners who are present at that meeting, either in person or by proxy, may adjourn the meeting to another time. Section 3.8 — Order of Business. The order of business at all meetings of the Unit Owners shall be as follows: (a) Roll call (or check-in procedure); (b) Proof of notice of meeting; (c) Reading of minutes of proceeding meeting; (d) Reports; (e) Establish number and term of memberships of the Executive Board (if required and noticed); (0 Election of Architectural Control Committee(when required); (g) Election of Directors of the Executive Board (when required); (h) Ratification of budget(if required and noticed); (i) Unfinished business; and (0 New business. Section 3.9—Voting (a) Should only one of several owners of a Unit be present at a meeting of the Association, the owner present is entitled to cast all the Votes allocated to the Unit only if in accordance with the agreement of a majority in interest of the owners of that Unit. There is majority agreement if any one of the owners casts the Votes allocated to the Unit without protest being made promptly by another owner of the Unit to the person presiding over the meeting. (b) Votes allocated to a Unit may be cast under a proxy duly executed by a Unit Owner. If a Unit is owned by more than one person, each owner of the Unit may vote or register protest to the casting of votes by the other owners of the Unit through a duly executed proxy. A Unit Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term. 6 (c) The vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board of directors or bylaws of the owning corporation or business trust. The Vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation, partnership or business trust owner is qualified to vote. (d) Votes allocated to a Unit owned by the Association may not be cast. Section 3.10 — Quorum. Except as other wise provided in these Bylaws, the Unit Owners present in person or by proxy at any meeting or Unit Owners, but no less than fifty percent (50%) or the members, shall constitute a quorum at that meeting. Section 3.11 — Majority Vote. The Vote of a majority of the Unit Owners present in person or by proxy at a meeting at which a quorum shall be present shall be binding upon all Unit Owners for all purposes except where a higher percentage Vote is required in the Declaration, these Bylaws or by the law. ARTICLE 4-OFFICERS Section 4.1 — Designation. The principle officers of the Association shall be the President, Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Executive Board. The Executive Board may appoint an Assistant Treasurer, and Assistant Secretary and other officers as it finds necessary. The President and Vice President, but no other officers, must be Directors. Any two offices may be held by the same person, except the offices of President and Secretary. The office of Vice President may be left vacant. Section 4.2 — Election of Officers. The officers of the Association shall be elected annually by the Executive Board at the organizational meeting of each new Executive Board. They shall hold office at the pleasure of the Executive Board. Section 4.3 — Removal of Officers. Upon the affirmative vote of a majority of the Directors, any officer may be removed, either with or without cause. A successor may be elected at any regular meeting of the Executive or at any special meeting of the Executive Board called for that purpose. Section 4.4 — President. The President shall be the Chief Executive Officer of the Association. The President shall preside at all meetings of the Unit Owners and the Executive Board. The President shall have all the general powers and duties which are incident to the office of President of a nonprofit corporation organized under the laws of the State of Colorado, including but not limited to the power to appoint committees from among the Unit Owners from time to time as the President decides is appropriate to assist in the conduct of the affairs of the Association. The President may fulfill the role of 7 -- Treasurer in the absence of the Treasurer. The President may cause to be prepared, and may execute amendments, attested by the Secretary, to the Declaration and to these Bylaws on behalf of the Association, following authorization or approval of the particular amendment as applicable. Section 4.5 —Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President is absent or otherwise unable to act. If neither the President or the Vice President is able to act, the Executive Board shall appoint some other Director to act in place of the President on an interim basis. The Vice President shall also perform other duties imposed by the Executive Board or by the President. Section 4.6 — Secretary. The Secretary shall keep the minutes of all meetings of the Unit Owners and the Executive Board. The Secretary shall have charge of the Association's books and papers as the Executive Board may direct and shall perform all the duties incident to the office of Secretary of a nonprofit corporation organized under the laws of the State of Colorado. The Secretary may cause to be prepared and may attest to the execution by the President of amendments to the Declaration and Bylaws on behalf of the Association, following authorization or approval of the particular amendments as applicable. Section 4.7 — Treasurer. The Treasurer shall be responsible for Association fund and securities for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of Treasurer of a nonprofit corporation organized under the laws of the State of Colorado. The Treasurer may endorse on behalf of the Association, for collection only, checks, notes and other obligations and shall deposit the same and all monies in the name of and to the credit of the Association in depositories designated by the Executive Board. Except for reserve funds described below, the Treasurer may have custody of and shall have the power to endorse of transfer, on behalf of the Association, stock, securities or other investment instruments owned or controlled by the Association or as fiduciary for others. Reserve funds of the Association shall be deposited in segregated accounts or in prudent investments, as the Executive Board decides. Funds may be withdrawn from these reserves for the purposes for which they were deposited, by check or order, authorized by the Treasurer, and executed by two directors, one of whom may be the Treasurer, provided he or she is also the director. The Association may charge a reasonable fee for preparing statements of unpaid assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Unit for which the certificate or statement is furnished. ARTICLE 5 -ENFORCEMENT 8 Section 5.1 —Abatement and Enjoinment of Violations by Unit Owners. The violation of any of the rules and regulations adopted by the Executive Board or the breach of any provisions of the Documents shall give the Executive Board the right, after notice and hearing, except in case of an emergency, in addition to any other rights set forth in these Bylaws. (a) To enter the Parcel in which, or as to which,the violation or breach exist and to summarily abate and remove, at the expense of the defaulting Lot owner, any structure, thing or condition (except for additions or alteration of permanent nature that may exist on that parcel) that is existing and creating a danger to the Common Amenities contrary to the intent and meaning of the provisions of the Document. The Executive Board shall not be deemed liable for any manner of trespass by this action: or (b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach. Section 5.2 — Fine for Violation. By resolution, following notice and hearing, the Executive Board may levy a fine of up to Twenty Five Dollars ($25.00) per day that a violation of the Declarations or Rules persists after notice and hearing, but this amount shall not exceed that amount necessary to insure compliance with the rule or order of the Executive Board. ARTICLE 7-RECORDS Section 7.1 — Records and Audits. The Association shall maintain financial records. The cost of any audit shall be a Common Expense unless otherwise provided in the Documents. Section 7.2 —Examination. All records maintained by the Association or the Manager shall be available for examination and copying by any Unit Owner, any holder of a Security Interest in a Lot or its insurer or guarantor, or by any of their duly authorized agents or attorneys, at the expense of the person examining the records, during normal business hours and after reasonable notice. Section 7.3 —Records. The Association shall keep the following records: (a) An account for each Lot, which shall designate the name and address of each Lot Owner, the name and address of each mortgage who has given notice to the Association that it holds a mortgage on the Lot, the amount of each Common Expense assessment, the dates on which each assessment comes due, the amounts paid on the account and the balance due; (b) An account for each Lot Owner showing any other fees payable by the Lot Owner; 9 (c) A record of the amount and as accurate account of the current balance of any reserves for capital expenditures, replacement and emergency repair, together with the amount of those portions of reserves designated by the Association for a specific project; (d) A record of the amount and an accurate account of the current balance of any reserves for capital expenditures, replacement and emergency repair, together with the amount of those portions of reserves designated by the Association for a specific project; (e) The most recent regularly prepared balance sheet and income and expense statement, if any, of the Association; (1) The current operating budget adopted pursuant to these Bylaws and ratified by the Board; (g) A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant; (h) A record of insurance coverage provided for the benefits of Lot Owners and the Association; (i) A record of any alterations or improvements to Lots which violate any provisions of the Declarations of which Executive Board has knowledge; (j) A record of any violations, with respect of any portion of Prairie Hallow Estates, of health, safety, fire or building codes or laws, ordinances, or regulations of which the Executive Board has knowledge; (k) A record of the actual cost, irrespective of discounts and allowances, of the maintenance of the Common Amenities; (1) Balance sheets and other records required by local corporate law; (m) Tax return for state and federal income taxation; (n) Minutes of proceedings of incorporates, Lot Owners, Directors, committees of Directors and waivers of notice; and (o) A copy of the most current versions of the Declarations, Bylaws, Rules, and Resolutions of the Executive Board, along with their exhibits and schedules. 10 ARTICLE 8-MISCELLANEOUS Section 8.1 Notices. All notices to the Association or the Executive Board shall be delivered to the office of the Manager, or if there is no Manager to the office of the Association, or to such other address as the Executive Board may designate by written notice to all Lot Owners and to all holders of Security Interest in a Lot. Except as otherwise provided, all notices to any Lot Owner shall be sent to the Lot Owner's address as it appears in the records of the Association. All notices to holders of Security Interests in the Lots shall be sent, except where a different manner of notice is specified elsewhere in the Documents by registered or certified mail to their respective addresses, as designated by them in writing to the changes of address, which shall be deemed to have been given when received. Section 8.2 — Fiscal Year. The Executive Board shall establish the fiscal year of the Association. Section 8.3 — Waiver. No restriction, condition, obligation or provisions contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breeches which may occur. Section 8.4 — Office. The principle office of the Association shall be on the Property or at such other place as the Executive Board may from time to time designate. Section 8.5 — Maintenance Fund. A working capital maintenance and capital reserve fund is to be established in the amount reasonably calculated to meet regularly budgeted initial Common Expense assessments for all Lots as they are created in proportion to their respective Allocated Interests in Common Expenses. Any amounts paid into this fund shall be considered as advance payment of assessments. Each Lot's share of the working capital fund may be collected at the time the sale of the Lot is closed or at the termination of Declarant control. Thereafter periodic assessments shall be made no more often than quarterly for actual anticipated expenses plus an additional 15% for capital reserves, which shall be deposited in a capital reserve account. Section 8.6 — Reserves. As apart of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain an adequate reserve fund for the replacement of improvements to the Common Amenities that it is obligated to maintain, based upon the project's age, remaining life and the quality and replacement cost of major Common Amenities improvements. ARTICLE 9-AMENDMENTS TO BYLAWS Section 9.1 — Amendments. The Bylaws may be amended only by a vote of two- thirds of the members of the Executive Board, ratified by affirmative vote of not less than 11 12 75% of the Unit Owners following notice to and an opportunity to comment by all Unit Owners, at any meeting duly called for such purpose. Section 9.2 — Restriction. No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any mortgage covering any Unit or which would change the provisions of the Bylaws with respect to institutional mortgages of record. 12 DECLARATION OF CONVENANTS AND RESTRICTIONS FOR PRAIRIE HOLLOW ESTATES ARTICLE I PREAMBLE Declarant is the owner to that certain real property situate in Weld County, Colorado, described on Exhibit"A" hereof(The Property). The Property has been platted as Prairie Hollow Estates simultaneously with this declaration. Declarant desires to develop The Property for residential purposes. Declarant deems it desirable to subject The Property to the covenants, conditions and restrictions set forth in this Declaration in order to preserve the values of the individual lots and to enhance the quality of life for owners of such lots. Declarant therefore declares that all of The Property is and shall be held , transferred, sold, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, right of ways, and easements which are set forth in the Declaration, all of which shall run with The Property and shall ensure to the benefit of, and be binding upon, all parties having a right title, or interest in The Property or a portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. Any restrictions or regulations not addressed specifically shall be in accordance with Weld County Zoning and minor subdivision regulations. ARTICLE II DEFINITIONS General: The words and terms defined in this Article shall have the meanings herein set forth unless the context indicates otherwise. Association: Shall mean and refer to the Prairie Hollow Estates Homeowners Association, a Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The members of the Association shall be Lot Owners as defined herein. Common Areas: Shall refer to all real Property or interest therein owned by the Association and easements and rights of way for the common use and enjoyment of the Owners, together with and including, but not by way of limitation, Prairie Hollow Place, utilities, and utility easements. Declarant: Shall mean and refer to Charles L. Meserlian,his successors and or assigns. Developer: Shall mean Charles L. Meserlian,his successors and or assigns. Developer Responsibilities: Shall refer to the road constructed pursuant to specifications required by Weld County known as Prairie Hollow Place. Lot or Parcel: Shall mean any one of the nine building sites shown on the map of The Property as shown on exhibit "A" or upon any subsequent recorded re-mapping of a portion of The Property. Property Owner or Owner or Homeowner: Shall mean and refer to each record owner, whether one or more persons or entities, of the fee title to any Residential Lot, but whether such title interest shall be sole, joint, common, by the entireties, or fractional, and notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgage unless and until such mortgage has acquired fee simple title to the Lot pursuant to foreclosure or a proceeding in lieu of foreclosure. The Property: Shall be the same as defined in Exhibit"A". ARTICLE III PROPERTY SUBJECT TO THIS DECLARATION The Property: The Property which is, transferred, sold, conveyed and occupied subject to these Covenants consists of nine Lots of approximately seven to fourteen acres and all which is located in Weld County, Colorado and is more particularly described and depicted on the Final Plat Map, Exhibit"A". ARTICLE IV MEMBERSHIP IN THE ASSOCIATION Lot owners as Members: Every Lot Owner shall be a Member of the Association. Status as a lot Owner is the sole qualification for membership. Termination of Ownership Status: Rights to membership and status as a member terminates upon termination of status as a Lot Owner. Upon sale or other conveyance of the Lot Owner's interest in such Lot, the selling or conveying Lot Owner or Lot Owner's shall be relieved of liability for assessments levied from and after the date of such sale; provided, however, that no such sale or assignment shall relieve a Lot Owner of liability arising prior to the date of such sale or assignment is consummated. Acceptance by a purchaser or assignee of such sale or assignment evidences such purchaser's or assignee's assumption of personal liability for all Assessments arising from and after the date such sale or assignment is consummated. A sale or assignment of a lot owner's interest shall be deemed to have occurred for all purposes of these Covenants and Agreement upon delivery of deed or document of assignment, or upon recording in the Public Records and instrument of conveyance of such interest. 2 No Avoidance by Non-Use: No lot owner may avoid the obligations of membership during the period of ownership by renunciation or abandonment of such Lot Owner's Unit, or any other act of abandonment or renunciation. Voting Rights: Ownership of each Lot shall carry with it one vote. If more than one person holds an interest in any Lot, all such persons shall be Members; however, the vote for such Lot shall be exercised as they among themselves shall determine, but in no event shall more than one vote be cast with respect to any Lot. If any Owner, including Declarant, has a recorded title interest in more than one Lot, said Owner shall have a voting right with respect to each such Lot in which he has an ownership interest. The Association shall hold meetings with respect to the election of Board members and officers and for the purpose of presenting, discussing and approving budgets and such manner of other business as determined by the Lot Owners and Bylaws. Written notice of annual, regular and special meeting of the Association shall be delivered in person or by mail to each Lot Owner of record in the manner and at such times as prescribed by the Bylaws. ARTICLE V DUTIES OF THE ASSOCIATION The Association, for the benefit of the Members, shall provide directly or through suppliers, the following on a basis which does not discriminate between or among any individual Members or classes of Members, and which does not give priority to any individuals or groups. General Duties: Operation, maintenance and repair of fixtures, structures, mailboxes, conduits, pipes, signs, landscaping and related facilities now or here after constructed. Garbage and Trash Removal: Owners shall coordinate garbage and trash removal with one removal service in order to minimize heavy truck traffic. Security Services: If deemed necessary by affirmative vote of the Association, procurement of security services for the protection the Lot units. Cash Basis: All business of the Association shall be on a cash basis and it shall not pledge or lien its assets on borrowings or otherwise. Operation Fund: The Association shall maintain a Capital Reserve Operating and Maintenance Fund. Determining Assessments: Assessments shall be made no less frequently than annually and shall be based upon a budget adopted not less frequently than annually by the Association. Assessments shall be apportioned equally among all Lots within the subdivision. 3 Liability Insurance: A policy or policies insuring the Board, the Association, the Members, and the Association's employees against any liability to the public or to the Members, incident to the ownership of any property or interest owned or maintained by the association, and including the personal liability of the member, with respect to the easements, and exhibit"A". Legal and Accounting: Legal and accounting services as the Board deems necessary or desirable in connection with operation of the Association or enforcement of the provisions hereof. Easement Maintenance: The Association shall maintain at common expense entryway signage, lighting, mailboxes and dedicated right of way known as Prairie Hollow Place, buried conduit and pipelines as necessary for the supply of electrical, water, natural gas services to the extent such services are available and such conduits and pipelines are not installed or maintained directly by a utility service company or governmental entity and only if and when it becomes economically feasible to install same as determined by affirmative vote of not less than 75% of Unit Owners, and telephone service to a point on or adjacent to each parcel to enable the Unit Owner to arrange at his or her expense for separately metered service to his or her parcel. Easement areas adjacent to an individual's lot, not mentioned here, is to be maintained by the Homeowner. Other Association Requirements: Any other materials, supplier, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Association is required to secure or pay for pursuant to the terms of these Covenants or by law or which in the discretion of the Board shall be necessary or proper for its operation or the enforcement of these Covenants; provided, however, that if any such materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments are provided for the benefit of some but not all Lots, the cost thereof shall be specially assessed to the Owners of the benefited Lots. Operating Fund: The Association shall maintain a Capital Reserve Operating and Maintenance Fund as set forth in Article VII. ARTICLE VI ASSOCIATION POWERS Exclusive Power: Except as expressly otherwise provided herein, the duties of the Association enumerated in Article V shall be exclusively performed by the Association, and any duty to be performed or right to be exercised by the Association, as enumerated therein, shall not be performed by any Owner individually without the written consent of the Association. The Association shall have the exclusive right and obligation to contract for all goods, services and insurance payment which is to be made from the Maintenance Fund and assessed prorated to all Unit Owners as common expense. The Association shall have a reasonable right of entry upon all Lots to determine compliance with and to enforce the provisions hereof. 4 Project Management: The Association shall have the power to contract with third party contractors to provide the management services required to be performed by the Association. Utility Services: The Board shall have the right to permit the provision of any goods or services from any public utility or public utility company and such contract or arrangement shall constitute performance on the part of the Board of its obligation with respect so such goods or services until such time as the contract or arrangement is terminated. To effectuate the foregoing, the Board may grant such utility easement as may be required, over, along, across, under and through Exhibit A for the provision of such utility service. Right to Cure Owner's or Additional Property Owner's Defaults: Where any Owner or Additional Property Owner has an obligation hereunder to perform any act of maintenance, preservation, construction, alteration or repair on such Owner's Dwelling Unit or with respect to any improvements, to any landscaping or with respect to any Forestry Management duties imposed upon Property Owners pursuant rules and regulations promulgated by the Architectural Control Committee, and such Owner fails to perform such work within thirty (30) days after notice of the need to perform the same and demand for such performance from the Association (or fails to commence to perform such work and diligently proceed to complete the same where completion cannot be accomplished with said thirty (30) day period), then the Association shall have a right to enter upon the Lot to perform the work for the account of the delinquent Owner or additional Property Owner. All costs and expenses incurred in connection therewith shall be assessed against the delinquent Owner as a Special Assessment hereunder, or shall be paid by the Additional Property Owner on receipt of an invoice for such work. Maintenance of Roads: Normal maintenance of the Prairie Hollow Place roadway will be at the expense of the Association. No lot Owner nor the Association shall have the right to obstruct the roadway except as permitted, if at all. Nothing shall prevent the Association from providing snowplowing services for such streets at Association expense if approved by affirmative majority vote of the Association. ARTICLE VII MAINTENANCE FUND: ASSESSMENTS A Capital Reserve and Maintenance Fund shall be maintained through the assessment of each Lot for payment of common expenses. An initial reserve assessment per Lot not to exceed one hundred dollars (100.00) shall be collected for the calendar year 2006 and thereafter shall be determined on June 1' of each year commencing June 1, 2007, by determining the actual costs for the proceeding year plus fifteen percent (15%). Nothing shall prevent the Association from altering these procedures or declaring special assessments from time to time as deemed necessary. 5 ARTICLE VIII ENFORCEMENT POWERS OF THE ASSOCIATION Each Annual Assessment and each Special Assessment shall be separate, distinct and personal debts and obligations of the Member against whose Unit or Units the same are assessed and shall be immediately due when made and notice thereof delivered to the Member by mail or hand delivery. In the event of a breach of any covenant rule or regulation of the Association or default or defaults in payment of any Annual or Special Assessment in addition to any other remedies herein or by law as provided, the Association may enforce each such obligation as follows: Section 1 - Suit at Law or in Equity. The Association may bring a suit at law for unpaid assessments or damages or in equity or enjoin a breach of these Covenants. Each such action must be authorized by a majority vote of the Board of Directors. Any judgment rendered in any such action shall include a sum for reasonable attorney's fees. Section 2 —Lien. Upon determination of the existence of a default in payment or assessment or breach or any Covenant,the Board may deliver written notice to the defaulting Member, stating the date and the amount of the delinquency. If such delinquency is not paid within ten(10) days after delivery of such notice, the Board may, but is not required to, lien the Unit of such delinquent Member by filing a Notice of Assessment and Lien Statement("Lien Statement") with the Clerk and Recorder which shall be a valid lien. All Members waive the right to claim or assert a homestead exemption as against any such claim of lien. Such claim of lien shall state (1)the name of the delinquent Member, (2) a legal description of the Dwelling Unit against which claim is made, and (3)that the claim of lien is made by the Board pursuant to these Covenants and agreement in an amount equal to the delinquency stated in the claim. The lien so claimed shall immediately attach as of the due date of the Assessment, subject to perfection by recordation of the statement of lien in the Records. Each default shall constitute a lien in accordance with the provision of C.R.S.38-33-3-316 and may be foreclosed in the manner provided by law for the foreclosure of a Mortgage. In such action, reasonable attorney's fees shall be awarded to the prevailing party. Section 3 —Interest. Any such delinquent Assessments shall bear interest at the lesser rate of two percent (2%) per month or the maximum rate allowable by law, from the date of delinquency until the date the Assessment is paid in full, such amount to be added to the judgment recovered by exercise of the rights set forth in Article VIII, Section 1 and 2, above. ARTICLE IX RIGHTS UPON FORECLOSURE In the event a Mortgage or its nominee succeeds to the interest in a Dwelling Unit or Parcel through foreclosure (whether judicial or non judicial) or by deed or other 6 conveyance in lieu of foreclosure, such Mortgage or its nominee shall be a Member of the Association and subject to all burdens and benefits thereof. ARTICLE X CONSTRUCTION OF IMPROVEMENTS No work improvement, grading, excavation, landscaping, fencing, tree or shrub planting or removal shall be undertaken upon any Lot or Lots by or on behalf of a Unit Owner without the prior written approval of the Architectural Control committee in conformity with the Design Guide, Exhibit "C" attached, given as provided in Article XII hereof: No mobile homes or pre-fabricated homes shall be permitted at any time. All final construction plans, drawings, and specifications for any structure or improvements whatsoever to be erected on or moved to any Lot, and the proposed location thereof on any Lot or Lots, the construction material, the roofs and exterior color schemes, any later changes or additions after initial approval thereof, and any remodeling, reconstruction, alterations or additions thereto on any Lot shall be subject to the Prairie Hollow Estate Design Guidelines (Exhibit "B" hereto) and shall be first submitted to the Architectural Control Committee for its approval in writing before any such work is commenced. ARTICLE XI RESTRICTIONS ON USE Use: Each Lot shall be used as a single family residence. No noxious or offensive trade or activity shall be carried on upon any Lot, nor shall anything be done thereon which may, in the opinion of the Association, be or become an annoyance or nuisance to the neighboring Owners or residents. Dwelling's as Rental Property: For the purposes hereof, leasing or renting of the Dwelling Units for residential purposes shall not constitute a commercial use or enterprise not withstanding the provisions of hotel or resort—type services in connection with such leasing or renting. Rental's are discouraged and only allowed with the Executive Board's consent. In certain extraordinary circumstances rentals will be allowed with the following conditions: Homeowner to pay for a thorough background check of the prospective renter, including but not limited to, criminal, and especially sexual offenses of any kind. The Board shall review the lease agreement and accept or deny the lease. Homeowners will be responsible for their renters adhering to these covenants. A one year signed lease agreement and current address and phone numbers of the Homeowner's will be on file with the Association. Vehicles: It is preferred that vehicles be kept out of sight. However, four unlicensed vehicles, such as campers, snowmobiles, trailers, boats, campers ect. will be allowed if kept out of view and in an orderly fashion. A construction trailer used to shelter equipment during a period of continuous active construction not to exceed six consecutive months is allowed. 7 Excavating: No excavation shall be made except in connection with improvements approved as herein provided. Upon completion of such construction, exposed openings shall be backfilled and disturbed ground shall be graded and landscaped so that the drainage to adjacent lots is restored to the original condition and grade. No Signs: No signage of any kind shall be displayed for public view on or from any lot, except signs associated with the sale of the dwelling units or lots. Animals and Pets: A maximum of two (2) large animals for every seven (7) acres may be kept on any lot provided that a corralled area, a fenced pasture and an enclosed barn are provided for them upon the lot. A maximum of six (6) domesticated animal, pets, horses and/or approved livestock shall be allowed of all species in combination per seven (7) acres, or in the aggregate per household. All cats must be spayed or neutered. Dogs must be tethered, confined, kept under direct owner control at all times and not allowed to run at large. No commercial breeding of any animal is allowed. Garbage and Trash: No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage or other waste receptacles shall be maintained in good, clean condition and (except on collection days)in a location not visible from any other lot. Parking and Auto Repair: No resident shall park any automobiles on any street or lot except within garages, or driveways. No work of automobile or vehicle repair shall be performed on any lot in any areas visible from any other lot or road. Maintenance of Buildings: Each owner of each lot shall maintain the building or buildings upon each lot such Owner owns, including walkways and paving, in good condition, making all appropriate repairs and replacements as often as the same shall become necessary. Maintenance of Lots: The Owner of each Lot shall plant and maintain non-weed vegetation. The vegetation shall be maintained at a height of no more than twelve inches (12")unless being harvested for feed purposes. All ground cover must be maintained at a minimum vegetation height of approximately two inches (2") to minimize dusty conditions. Any corral areas shall be maintained so as not to create a dust nuisance. All yards and open spaces and the entire area of every lot on which no building has been constructed shall be kept free from plants or weeds infected with noxious insects or plant diseases and from weeds which in the reasonable opinion of the Architectural Control Committee are likely to cause the spread of infection or weeds to neighboring property and free from brush or other growth or trash which in the reasonable opinion of the Architectural Control Committee causes undue danger of fire. If an Owner fails to maintain their lot in accordance with these requirements, The Association shall have the right to plant and maintain non-weed vegetation and remove any trash or other debris solely at the lot Owner's expense. The Owner shall be liable for reasonable attorney's fees and costs incurred by the Association in collecting such charges. r^ 8 No Subdivision: No lot shall be subdivided or utilized for more than one home site without prior approval of the Association, and applications for such approval shall not be favored in the absence of extreme hardship or extraordinary circumstances. No Lien of Easement or of Association Property: No unit owner shall cause or permit the entryway road easement, nor any item of association owned personality to be subject to any lien or charge of any nature whatsoever except that a first mortgage or deed of trust or secondary financing may be placed upon a unit owner's property, which encumbrance shall be subject to the terms and provisions of these covenants. ARTICLE XII ARCHITECTURAL CONTROL COMMITTEE Composition of Architectural Control Committee: Three persons shall be appointed to act as an Architectural Control Committee to perform the functions set forth herein. Each appointee must be qualified to serve on the Architectural Control Committee by virtue of experience, interest or training and shall serve without compensation. The appointees may, but need not be, unit owners. The Association shall make all necessary appointments and removals to the Architectural Control Committee. Addresses of Architectural Control Committee Members: The address of the architectural control committee shall be at the address of the principal office of the association. The current record of the names, qualifications and business addresses of the members of the architectural control committee shall be kept there. The Architectural Control Committee shall meet at the convenience of the members thereof and as often as necessary to transact its business, acting on the majority vote. Applicants for Architectural Control Committee action may, but need not, be given an opportunity to be heard in support of their applications. Applications, Standards of Review and Action by Architectural Control Committee: Applications for Architectural Control Committee approval, the standards by which such applications shall be reviewed shall be controlled by the Design Guide. The Architectural Control Committee shall not have the authority for projects that would include significantly different designs or materials from those permitted in the Design Guide without amending the Design Guide. A true and correct copy of the Design Guide shall be maintained at all times at the office of the Association and each owner shall be entitled to a copy thereof upon written request and payment of copying costs. Mechanism of Approval: When an application is made to the Architectural Control Committee for any improvement of a lot, a signed and dated written certificate evidencing majority vote of the Architectural Control Committee is requested before commencing construction of any improvements on the lot. The Architectural Control Committee shall respond to all requests within three (3) weeks. In the event a member is unavailable the Declarant or the Executive Board may appoint a temporary member to meet this time requirement. 9 No Design Responsibility: Neither the Architectural Control Committee nor any member or agent thereof shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications. Limitations: Notwithstanding anything to the contrary herein contained, any work performed upon any lot which required the prior approval of the Architectural Control Committee shall be deemed approval unless an action to enjoin or abate the same has been commenced by delivery of written notice to the owner by the architectural control committee or by the board of directors within one hundred eighty (180) days of the date when the Architectural Control Committee or board of directors acquires actual knowledge or notice of the commencement or performance of such work. ARTICLE XIII DAMAGE TO OR DESTRUCTION OF BUILDINGS Reconstruction: In the event of damage or destruction by fire or other casualty affecting a building, the owner or owners thereof shall, within six (6) months thereafter either: (a) diligently commence to rebuild the same in accordance with the terms hereof, or (b) clear and level the lot, removing all wreckage, debris and remains of the building or buildings thereof and leaving the same in a level, clean condition. Revisions: upon reconstruction, the building shall be rebuilt substantially in accordance with the original plans and specifications thereof; shall substantially resemble the appearance in form and color prior to such damage and destruction. Notwithstanding the foregoing, however, the owner of such damaged building may reconstruct or repair the same in accordance with new or changed plans and specifications with the prior written consent of the Architectural Control Committee. ARTICLE XIV INSPECTION AND AUDIT OF BOOKS AND RECORDS Any member may, at any reasonable time and at such member's own expense, inspect the books and records of the Association an, in addition, cause an audit or inspection to be made of the books and records of the Association, and the Association shall furnish to each member a copy of the audit of its books and records performed by a certified public accountant. 10 ARTICLE XV AMENDMENT The provisions of these covenants may be amended by an instrument in writing, signed and acknowledged by seventy five percent(75%) of all property owners. ARTICLE XVI ATTORNERY'S FEES In any action to enforce the provisions hereof, whether legal or equitable, the prevailing party shall be entitled to reasonable attorney's fees as fixed by the court. ARTICLE XVII SEVERABILITY The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision thereof shall not affect the validity or enforceability of any other provision hereof. ARTICLE XVIII BINDING EFFECT The terms, covenants and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The provisions hereof shall constitute covenants running with the land, burdening and benefiting each and every part of the property and every interest therein. In addition, the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. The failure to enjoin a breach or previous breach shall not prevent an action or damages upon any subsequent breach. Each owner, cash mortgage, and each beneficiary of any trust deed by acceptance of a conveyance which is subject to these covenants and restrictions waives the right to assert defenses of waiver, estoppel, or desuetude with respect to any failure to enforce a prior breach. ARTICLE XIX INTERPRETATION AND NON- WAIVER The provisions hereof shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and operation of. Failure to enforce any provision 11 thereof shall not constitute a waiver of the right to enforce said provision or any others provisions hereof. In any conflict between the terms of these restrictions and the terms of Development Guide, deemed "more restrictive", the restriction which prevents the greatest variety and intensity of use shall be deemed to be more restrictive. EXHIBIT B PRAIRIE HOLLOW ESTATES DESIGN GUIDE 1. Protective Covenants This document shall be called "The Design Guide"to be used as a set of guidelines for all improvements to the community known as "Prairie Hollow Estates" as legally described in Exhibit "A" as established by the "Declaration of Covenants and Restrictions for Prairie Hollow Estates" in Weld County, Colorado and in accordance with the Bylaws for Prairie Hollow Homeowners Association, Inc. a Colorado nonprofit corporation. 2. Purpose of Covenants It is the intention of the Prairie Hollow Homeowners Association, Inc. to maintain a high quality, clean, safe, uniformly well maintained and design guide to control improvements and structures permitted by this Design Guide. 3. Covenants A. Site Consideration The Architectural Control Committee will review each plan for a building in relation to the specific characteristics of its parcel and its surroundings. The basic objective is to achieve compatibility of the building and other improvements with the parcel in relation to its immediate surroundings. The site consideration review is, in summary, specific to the parcel itself The location of the main building and outbuildings shall be based on the following: 1. Setback requirement as defined by these Guidelines. 2. Natural and proposed final grade contours. 3. Presence of vegetation,trees, shrubs, and other vegetation. 4. Driveways and off street parking. 5. Appearance of buildings from open space, roads, and other lots will be important criteria. 12 6. Architectural design shall result in masses that are generally parallel to natural terrain. If building masses are perpendicular to natural contours, buildings will accommodate the natural terrain through use of stepped foundation elevations. 7. Site grading of a parcel shall not cause cut or fill on adjacent lots, roads, driveways or open space. B. Main Building 1. Residential Structures Unless otherwise specifically described herein the term"building" shall refer to residential building on the parcel. Only one (1)residential structure shall be allowed on each parcel. No residential structure shall be occupied prior to receipt of a Certificate of Occupancy issued by Weld County. 2. Setback Requirements The following minimum setbacks shall be required in Prairie Hollow Estates: a. Front setback 100 feet. b. Side setbacks 25 feet. c. Rear setback 100 feet. The Architectural Control Committee reserves the right to require setbacks other than set forth preceding if needed to achieve aesthetic or functional harmony with other objects of the Design Guide. 3. Building Size The minimum finished floor area for the principal residential building is 2200 square feet. The minimum finished floor area for a two story or multi-level building is 3000 square feet. At least 1600 square feet for a two story or multi- level building must be on the main floor. Minimum square footage requirements exclude garages, decks, porches, unattached structures and basements. 4. Building Height No building shall exceed forty(40) feet in height measured from the highest ground level adjacent to such building to the highest point of the ridge line of such building. The restriction will be reviewed by the Architectural Control Committee on a case-by-case basis. Should unusual topographic features exist on a specific site, modification to the height limitation may be acceptable. 5. Building Design Design of the building shall be in compliance with all provisions of the building 13 codes which are in effect at the time of construction. Designs which are identical to other homes in Prairie Hollow Estates are prohibited. The exterior of each home must have a unique appearance. Identical floor plans may be allowed but must be approved by the Architectural Control Committee. If identical floor plans are to be approved, the exterior elevations must be entirely different in design, character, materials, and the like. Any such identical floor plans shall only be approved if they have entirely different elevations. 6. Roof The roof pitch shall be consistent with the architectural style of the proposed building. The minimum roof pitch allowed on a major roof form is 4:22. The pitch of lesser elements such as porches, dormers, ect. may be lower if consistent with the design. The maximum roof pitch of a major roof form shall not exceed 12:12. Flat roofs designs shall be considered on an individual basis. In order to achieve an interesting character, expansive roof areas shall be"broken"by varied elevations, heights, and/or other elements such as dormers, clerestory, or ridge line breaks. Roof materials shall be premium grade composition, stone coated steel, tile Slate, or concrete tile, with the material color being approved by the Architectural Control Committee. Roof vents and flashing shall be painted to match the permanent roof color or The trim color, whichever lessens the visual impact. 7. Siding Exterior siding may be of cedar or redwood, wood, brick, stone, stucco, adobe board, exterior insulation and finish systems, or architectural concrete. The use of exterior siding materials must be consistent with the architectural design. Masonry veneers shall be consistent on all elevations: stone and brick shall not be used on the exterior of the same building. All exterior finish materials must be approved by the Architectural Control Committee. 8. Colors All colors and color combinations shall be approved by the Architectural Control Committee. Repainting when existing color shade is changed shall require approval of the Architectural Control Committee. All projects including, but not limited to, chimney flues, vents, gutters, down spouts, utility boxes, porches,railings, and exterior stairways, shall closely match the permanent color of the surface from which they project or they shall be of 14 color approved by the Architectural Control Committee. 9. Miscellaneous a. Foundations. No more than twelve (12) inches of exposed concrete may be visible on any elevation. b. Garages. There shall be a minimum space for three (3) vehicles in each garage and a maximum of five fully enclosed garage space for each residence. c. Windows. Window frames shall be painted a color consistent with the design characteristics of the building. Window design shall be consistent with architectural design characteristics of the building in size, proportions, detail and placement on the elevation. Windows may not be tinted with any material which is considered to the committee to detract from the overall design of the building. d. Elevation Treatment Architectural design shall incorporate a consistent level of architectural interest such as cantilever, window projections, roof elements, decks,etc. shall be used in such a manner to add contrast to elevation plane. e. All designs shall be in compliance with existing building codes. C. Out Buildings 1. All buildings other than the main residence on a parcel must conform to the basic features of the main residence as described in Section(b) except for size requirements set forth therein. 2. All other buildings must be approved the Architectural Control Committee, and will follow the standard approval process required for the residential structure. 3. A maximum of two (2) outbuildings, in addition to the residential structure, shall be allowed. No temporary housing or trailers shall be allowed on any lot. 4. A maximum of 8000 square feet total, for both buildings, or 6000 square feet in any one building will be allowed. D. Other Improvements 1. Driveways and private lanes. All driveways and private lanes shall be constructed bituminous material, concrete surfaces or other material as approved by the Architectural Control Committee. Private driveways are limited to a maximum width of eighteen(18) feet at the street intersection and shall be constructed to specifications which consider vehicle loads such as trash trucks or moving vans. Driveway design and layout shall be approved by the Architectural Control Committee. 2. Culverts. Culverts used as part of a driveway,private lane, or other landscaping improvements shall be sized for the drainage quantities expected to pass through them. The end of such culverts shall be cut on a diagonal to match final slopes: 15 these ends shall be treated with rock or stone riprap or with wood, stone or concrete retaining walls to prevent erosion of the slope and channel. No metal flared end sections shall be allowed for use in culvert and treatment. All culverts, if required, will be installed at owner's expense and met any additional requirements as specified by Weld County. 3. House address numbers. There shall be no more than one set of house address numbers posted at the street/driveway entrance for each residence. The developer will provide matching number posts for each lot. 4. Antennas. All TV, radio or special communication antennas and aerials including satellite dishes, shall be reviewed for approval by the Architectural Control Committee and in no event shall be visible from the roadway or from the residences located on another parcel. 5. Exterior mechanical equipment. All exterior mechanical equipment or tanks shall be incorporated into an architectural element of a dwelling or out building or otherwise concealed from open view as approved by the Architectural Control Committee. 7. Accessory structures. Accessory structures shall be architecturally compatible with the dwelling. Dog runs or enclosures for other pets shall be approved by the Architectural Control Committee. 8. Exterior lighting. Exterior lighting shall be subdued and shall not create an infringement on adjoining dwellings or properties and shall be approved by the Architectural Control Committee. 9. Parking areas. All driveways and parking bays shall be reviewed for approval by the Architectural Control Committee. 10. Landscaping. Initial landscaping plans shall be submitted to the Architectural Control Committee for approval. Plans shall depict fences, decks,dog runs, sod seeded areas, retaining walls, and any additional items to be used. Sodding, seeding and planting shall be installed during the first growing season immediately following completion of the residence. One evergreen tree per acre must be planted the first year. If the trees die at any time,they must be replaced. The front yard shall include grass. 12. Future Improvements. Future improvements or modifications that alter or affect the exterior appearance of an existing dwelling, outbuilding or yard must be submitted for approval of the Architectural Control Committee. A partial, sample list but not limited to: Additions of rooms, porches, or garage additions to main residence. Barns. Repainting. .-- Free standing flag poles. 16 13. Fences. All fences must be approved by the Architectural Control Committee and must be in keeping with the character of Prairie Hollow Estates. Fencing shall be installed in compliance with the approved fencing detail for the subdivision: Barb or barb-less wire, wire fencing, natural wood or vinyl is allowed. Chain link fencing is allowed only for a dog run area. Privacy fencing is allowed close to the house, as an enclosed area, no more than 1500 square feet total. THESE GUIDLEINES ARE SUBJECT TO CHANGE 17 FEB-28-2006 TUE 04:21 PM KERR-McGEE FAX N0. 3032973587 P. 02 iKERN-M'6EE ROCKY MOCINTAIN cgftn2AT/ON 1000 BROADWAY,SUM 3700•DENVER,COLORADO 80202 PHONE: OM-2963800 February 28,2006 PAX: 803-280-0801 VIA FACSIMILIE AND US.MAIL Weld County Commissioners 915 10`h Street P.O.Box 758 Greeley, Colorado 80632 Re: Specific Development Plan and Use by Special Review Permit#1529 Asphalt Specialties Company, Inc,Applicant Township 3 North, Range 67 West, 6th Y.M. Section 31: (part) SE/4 Weld County, Colorado — Dear Board of Weld County Commissioners: The purpose of this letter is to in form you that Kerr-McGee Rocky Mountain LLC, formerly Kerr-McGee Rocky Mountain Corporation, after further review of the Asphalt Specialties Company's application and successful negotiation of a surface use agreement; Kerr- McGee fully acknowledges and supports their development. Please contact me at 720-264-2642 if you have any questions of comments about this matter. Thank you for cooperation and consideration. Sincerely, Kerr-McGee Rocky LLC ��` e- Mountain Terry D. nr _ t Landman alist cc: James P. Wason—Kerr-McGee Rocky Mountain LLC Nicole R. Ament,Attorney EXHIBIT Pip *Ian FEB-28-2006 TUE 04:21 P11 KERR-McGEE FAX NO. 3032973587 P. 01 Fax Transmittal Kerr-ncGn Rooky Mountain LLC 1999&midway,Suite 3600 30129 x),co f 303-2966.3800(mein) 309.298-36011 (fax) TO: COMPANY: Weld County Commissioners FAX#: 970-352-0242 PHONE#: 970-366-7204 CC: FAX 0: FROM: Terry Enright COMPANY: Kerr-McGee Rocky Mountain LLC DATE: 02/27/06 RE: Asphalt Specialties Number of pages including cover sheet 2 r Message: Please let me know if you have any questions. Thank you Cmafidentln6ty Note: The documents accompanying this facsimile transmission contain information from Kerr-McGee Corporation,which is confidential of privileged. The inlbrmation is Intended to be for the use of the individual or cattily named on this transmission sheet. If you are not the intended recipient.be aware drat disclosure,copying, distribution or use of the contents of this faxed information is prohibited. If you have received this facsimile In error,please notify us by telephone at 303.2%-3600 immediately so that we can arrange for the retrieval of the original documents at no cost to you. Thank you. BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS FEBRUARY 14, 2006. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR PF-1039 IN THE AGRICULTURAL ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign /0- bfile/rL Signatu o Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this/\:_..) day of �[li j [ /J , 200k WITNESS my hand and official seal. 7O.0"--LY) LC/ Notary Public BILLIE J. MOORE // /J �// NOTARY PUBLIC My Commission Expires: I ` /c /I STATE OF COLORADO EXHIBIT 1 . 3 ,� •t t tl�n. by �9 � � � 3I '�. ; s, A iai� fu,� ' ' t a4i t a R -s m's`'�- t A'�a ° t.4.[..,,,".,„-,',\J--- +.ti n a ^. ""41,7, �4:‘4....:±;.,.. ..e,.s TM� '4',tyq,,y. p.4 [ s t , ii' a ' s. 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