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
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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;
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(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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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