HomeMy WebLinkAbout20062416.tiff MINOR SUBDIVISION FINAL PLAN APPUCATION C^ 7,1)
,- FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT # /$ CASE#ASSIGNED: ,Nl F- i 0 i I
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Legal Description /O7 %LO q ,Section NO, Township Ce North, Range test
Property Address(If Applicable) `�I '
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APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany appIcations signed by Authorized Agent)
Name: St'/ 7T b/,1ZLe
Work Phone# Home Phone# Email Address
Address:
City/State/Zip Code
UTILITIES: Water. 4,141/('4/1D
Sewer: .Srr 174,
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DISTRICTS: School: �44,{ S �(,/,f_
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I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must
be Included with the application.If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the legal authority to sign for the corporation. j, 1(�tt,_-- ..i/)"✓la ctdn E✓ / (i,,44 Ai_, J l p ,,r 21c.- /
Signature:Owner or Authorize d,A l ?`'-c(7
Cgent Date Signature: Owner orArizedAgent Date
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EXHIBIT HI
2006-2416 I J
Project Description for:
Gold Stone Creek Minor Subdivision
Situated in the N1/2 NW 1/4 Section 16, T8N R66W of the 6th PM
Weld County, Colorado
Project Summary
Existing Zoning—E—Estate
Project Area—74.11 acres+/-
Total Building Sites—9
Average Lot size—4.25 acres
Proposed Uses - 9, 4 +acre Single Family Residential Lots. The lots will permit rural
residential uses including livestock and 4-H uses not available in more urban
environments. The property has been dry-land farmed but is currently lying fallow.
Utilities and Public Services
Water—North Weld County Water District. The existing water system has been
determined to be able to serve this location.
Sewer—Individual Septic Systems. Soil descriptions provided by the Soil Conservation
Service show the proposed building sites are on soils that are considered deep and well
drained. Individual site percolation tests will be required during the building permit
process.
Power-Poudre Valley REA.
Telephone—Qwest Communications
Fire Protection—Nunn.
Roads—County Road 29 is adjacent to the western frontage of the site. One street cut
will be requested for the subdivision. The interior road shall be paved to County
standards.
Drainage- Site drainage is predominately from the north and west. The proposed lot
sizes are not expected to change any historic drainage patterns or water volumes.
Landscaping
No common landscaping improvements are planned with the subdivision. This does not
preclude individual owners from installing landscape materials for wind-rows and other
decorative purposed in the future. A subdivision sign will be place at the entry of the
subdivision. A copy of the proposed sign is a part of this application.
Off-street parking
The size of the lots will permit adequate area for the minimum off street parking.
Irrigation Facilities
The site has no irrigation water available.
Land Dedications
County Road 29 right-of-way is dedicated. Outlot A is to be dedicated to North Weld
County Water District for future use. A driveway easement is being dedicated for the use
of the property owner to the north of the subdivision. No additional dedications are
anticipated with this application.
Unique Features
The site has been previously split from a larger holding. There are mixed sizes of land
ownership in the area. This subdivision takes advantage of the opportunity to create a
rural lifestyle while not reducing prime agricultural activity.
Description Narrative
This site is presently a non-irrigated property, which is currently vacant and has been
used for dry-land fanning. The intent of this subdivision is to permit nine additional rural
residential properties to be created. The project maintains the Estate Zoning District uses
and density. Access for the two new lots will be gained from County Road 29.
No special wildlife or natural areas exist on this property as the property has been farmed
and has existing residential uses nearby. Any 4-H or livestock use on the lots will be
controlled through covenants and with a pasture management plan. No unusual soil or
geologic conditions exist. Typical design of foundation systems and septic systems are
anticipated. Prior to building permits issuance, an individual percolation test will be
performed at the proposed site of the septic system to determine the initial and reserved
leach field area required for the required design.
The large open space lot located on the easterly part of the subdivision will be used as a
common property by the association for grazing and horse riding activity. An arena for
private use and a barn or livestock shelters may be erected by the association.
Minor Subdivision Findings:
1. The proposed subdivision has been found to comply with the Weld County
Zoning and Subdivision requirement, the Comprehensive Plan and is not within
any IGA or Master Planned area of any municipality.
2. No prime agricultural land is being consumed by this application.
3. Water is to be provided by NWCWD and is available in quality and quantity. The
Nunn Fire Protection District has reviewed and approved the subdivision.
4. Sanitary sewer will be provided with private systems and has been reviewed and
accepted by the Weld County Health Department.
5. There are no special soil or topographic issues. The design of the plat accounts for
the protection of the flood plain and no impact upon the floodplain occurs with
the design as proposed.
6. The internal street is a paved local street in compliance with County codes.
7. County Road 29 is adequate to serve the development.
8. The road will be maintained by the County after being constructed by the
developer and accepted by the County.
9. The subdivision is not a part of nor is it contiguous with a townsite or previously
recorded subdivision.
10. Adequate parking will be available within each lot. No parking on the public
street will be implemented if required by the County.
11. Only one access to County Road 29 is required.No additional access will be
created.
12. All internal access will be achieved from the internal local public street.
13. The engineering studies show how drainage and stormwater improvements
comply with the County standards.
14. No more than nine residential lots are created.
15. Public services can be provided without added burden to fire, police and other
services.
16. The subdivision has no impact on any wildlife habitat nor is there any adverse
impact to prime agricultural land or historic sites.
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR GOLD STONE CREEK MINOR SUBDIVISION
THIS DECLARATION is made this day of , 2006, by Gold
Stone Center, LLC, a Colorado limited liability company (the "Declarant").
WITNESSETH:
WHEREAS, the Declarant is the owner of that certain parcel of real property
located in the County of Weld, State of Colorado, legally described on Exhibit"A"
attached hereto and incorporated herein by reference and hereinafter referred to as the
"Property";
WHEREAS, the Declarant desires to establish and provide for the maintenance of
easements and drainage, and desires to establish certain standards covering the Property
by means of protective covenants to ensure the lasting beauty, value, and enjoyment of
the Property; to this end and for the benefit of the owners thereof, the Declarant desires to
subject the Property to the easements, covenants, conditions, restrictions, charges, and
liens hereinafter set forth.
NOW, THEREFORE, the Declarant hereby declares that the Property shall be
held, sold, conveyed, transferred, leased, subleased and occupied subject to the following
easements, covenants, conditions and restrictions which shall run with the Property and
are for the purpose of protecting the value and desirability of the Property and every
portion thereof, and shall be binding upon all parties having any right, title or interest in
the Property or any portion thereof, their heirs, administrators, personal representatives,
successors and assigns and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and
phrases when used in this Declaration shall have the meanings hereinafter specified.
Section 1.01. "Architectural Committee" shall mean and refer to the committee
created pursuant to Article V hereinafter.
Section 1.02. "Assessments" shall mean and refer to the sums levied for the
purposes set forth in Article VII hereinafter.
Section 1.03. "Association" shall mean and refer to the Gold Stone Creek
Homeowner's Association, a Colorado non-profit corporation.
Section 1.04. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot which is part of the Property,
including contract purchasers, but excluding those having such interest merely as security
for the performance of an obligation.
Section 1.05. "Easement" shall mean and refer to all of the easements,
collectively, described in Article II hereinafter.
Section 1.06. "Common Expenses" shall mean and refer to the cost, if any, of
maintaining, inspecting, operating, replacing or renovating the Road, and the cost of
erecting and maintaining any other improvements located within the Easements, or Out
Lots A and B. Said Common Expenses shall include, by way of example and not by
limitation, casualty, public liability and other insurance, and the repair, maintenance and
operation expenses of any drainage facilities owned by the Association or subsequently
installed by the Association after the recordation of this Declaration; administrative costs,
legal and accounting fees, operational fees, and other expenses and liabilities properly
incurred in accordance with the terms of this Declaration.
Section 1.07. "Lot" shall mean and refer to any plot of land shown upon the
original Subdivision Plat of the Property and shall not refer to Out Lots A and B.
Section 1.08. "Declarant" shall mean and refer to Gold Stone Center, LLC, a
Colorado limited liability company.
Section 1.09. "Board" shall mean and refer to the Board of Directors of the
Association, to be established by the Members of the Association pursuant to the
Association's By-Laws.
Section 1.10. "Mortgage" shall mean and refer to any mortgage deed, deed of trust
or other security instrument creating a lien against any Lot.
Section 1.11. "Mortgagee" shall mean and refer to any grantee, beneficiary or
assignee of a Mortgage.
Section 1.12. "First Mortgage" shall mean and refer to the Mortgage having the
first and paramount priority under applicable Colorado law.
Section 1.13. "First Mortgagee" shall mean and refer to any grantee, beneficiary or
assignee of a First Mortgage.
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Section 1.14. "Manager" shall mean and refer to any person, firm or corporation
employed by the Association pursuant to Article VI and delegated duties, powers or
functions by the Association.
Section 1.15. "Subdivision Plat" shall mean and refer to the recorded Subdivision
Plat of Gold Stone Creek Minor Subdivision approved by the County of Weld, State of
Colorado.
Section 1.16. "Person" shall mean and refer to any individual or other entity with
the legal right to hold title to real property in the State of Colorado, including, but not
limited to, corporations, partnerships,joint ventures and trusts.
Section 1.17. "Record," "Recorded" and "Recordation" with respect to any
document shall mean and refer to the recordation of such document in the office of the
Clerk and Recorder of Weld County, Colorado.
ARTICLE II
EASEMENTS
Section 2.01. Easements. The Declarant does hereby establish, remise, release,
sell, convey, quit claim and dedicate unto the Association, its successors and assigns, for
the use of the Owners of the Property, the following non-exclusive Easements over,
across and upon the Property at the locations depicted upon the Subdivision Plat of the
Property:
A. Utility Easement. A non-exclusive, perpetual Utility Easement over, across and
upon those portions of the Property depicted upon the Subdivision Plat for the
installation, construction, maintenance, inspection, operation, replacement or
removal of all utilities, including, but not limited to, water, telephone, natural gas,
electricity, irrigation, cable television and utility guide wires.
B. Irrigation Easement. A non-exclusive, perpetual Irrigation Easement over, across
and upon those portions of the Property depicted upon the Subdivision Plat for the
surface and subsurface transportation of irrigation water.
C. Drainage Easement. A non-exclusive, perpetual Drainage Easement over, across
and upon those portions of the Property depicted upon the Subdivision Plat for the
surface and subsurface transportation of drainage water.
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Section 2.02. Owners' Easements of Enjoyment. Every Owner shall have a right
and easement of enjoyment in and to the Easements which shall be appurtenant to and
shall pass with title to every Lot, subject to the following provisions:
A. The right of the Association to publish reasonable rules and regulations for the use
of the Basements.
B. The right of the Association to suspend voting rights of any Owner for any period
during which any Assessment against his Lot remains unpaid; and for a period not
to exceed sixty (60) days for any infraction of its published Rules and Regulations.
C. The right of the Association to dedicate or transfer all or any part of the Easements
to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the Owners. No such dedication or transfer
shall be effective unless an instrument agreeing to such dedication or transfer
signed by seventy-five percent (75%) of all of the Owners and one hundred
percent (100%) of all of the First Mortgagees has been recorded with the Clerk
and Recorder of Larimer County, Colorado.
D. The right of the County of Weld and any other governmental or quasi-
governmental body having jurisdiction over the Property to have access and the
right of ingress and egress over and across the Easements for the purpose of
providing for any governmental or municipal service.
Section 2.03. Delegation of Use. Any Owner may delegate, in accordance with
the By-Laws of the Association, his right of enjoyment to the Easements and facilities
thereon to members of his family, their guests and invitees, and his tenants or contract
purchasers who reside upon his Lot.
Section 2.04. Improvements on Easements. The Association shall have the right
to make any improvements to any of the Easements if determined necessary or advisable
by the Association for uses consistent with the Easements conveyed herein. No Owner
shall install any improvements upon any of the Easements which would interfere with the
ability of the Association and the Owners of the Property to utilize the Easements for the
purposes herein set forth.
Section 2.05. Maintenance of Easements. The Association, acting through its
Board, shall provide for such rules and regulations governing the maintenance of
easements, Out Lot B and other common facilities (the "Common Facilities") as the
Board may deem necessary to ensure the safe and reasonable condition of the Common
Facilities, including without limitation, the establishment of a regular maintenance
program,periodic safety inspections and follow up maintenance.
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ARTICLE III
ANIMAL S
Section 3.01. Farm Animals. Farm animals ("Permitted Farm Animals") may be
maintained on any Lot. Permitted Farm Animals shall include horses, cows, sheep and
such others as may be designated as Permitted Farm Animals from time to time by the
Association. Permitted Farm Animals shall be limited to use by the Owner's immediate
family subject to the following limitations:
A. No more than one Permitted Farm Animal shall be permitted for each acre
contained within a Lot rounded down to the nearest full acre of land.
B. Each Lot shall be maintained in a clean and sanitary condition.
C. No Lot shall be over grazed and the character of the Lot shall not be changed by
the grazing of Permitted Farm Animals. Furthermore, pasture areas of any Lot
shall be subject to the provisions of Section 4.13 hereof.
D. All Permitted Farm Animals shall be cared for in a humane and husband like
manner.
E. Corrals, barns and other outbuildings may be erected and maintained for Permitted
Farm Animals provided that such structures comply with the restrictions set forth
in Article IV hereof.
F. All Permitted Farm Animals shall be confined to the Owner's Lot by a lawful
fence approved by the Architectural Committee.
G. Permitted Farm Animals may be pastured from time to time on Out Lot B in
accordance with rules and regulations established by the Association governing
the use of said Out Lot B.
Section 3.02. Household Pets. A reasonable number of cats, dogs or other
household pets ("Household Pets") may be kept upon a Lot subject to the following
restrictions and limitations:
A. The Household Pets shall not be kept, bred or maintained for any
commercial purposes.
B. The Household Pets shall not, in the Board's opinion, make objectionable noises
or otherwise constitute an unreasonable interference to other Owners within the
Property.
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C. The Household Pets shall be kept within an enclosed yard on the Lot occupied by
the Owner of such Household Pets or on a leash being held by a person capable of
controlling the Household Pet.
D. The Household Pets shall not be in violation of any other provision of this
Declaration or the Rules and Regulations.
A "reasonable number" as used in this section shall ordinarily mean no more than
three (3) Household Pets per Lot; provided, however, that the Board may, from time to
time, determine that a reasonable number in any instance may be more or less than three
(3) Household Pets per Lot.
Section 3.03. Rights of the Association. The Association, acting through its
Board, shall have the right to prohibit maintenance of any Permitted Farm Animal or
Household Pet which, in the sole opinion of the Board, is not being maintained in
accordance with the restrictions herein. The Board may further adopt and enforce
additional rules and regulations governing the subject of Permitted Farm Animals and
Household Pets in the Subdivision. It shall be the absolute duty and responsibility of
each Owner of a Permitted Farm Animal or Household Pet to clean up after such animals
to the extent that they have used any portion of the Lot of another Owner or any
Easement area.
ARTICLE IV
USE AND RESTRICTIONS
Section 4.01. Single-Family Residence. All Lots shall be used and improved
exclusively for occupancy and residency by a single family. For purposes of this section,
the term "Single Family" shall mean and refer to any individual or two (2) or more
persons related by blood or marriage or an unrelated group of not more than three (3)
persons living together in a residential dwelling.
Section 4.02. Structures Permitted. Each Lot is approved for the construction of
one (1) single family residential dwelling with attached or detached garage. The
Architectural Control Committee may approve, upon terms set forth herein, the
construction of up to four (4) additional out-buildings (including a detached garage) on
any Lot. The largest of such out-buildings may not exceed 1,500 square feet of floor
space, and each of the other approved out-buildings, if any, shall not exceed 500 square
feet of floor space. No residential dwelling shall be erected, altered, or permitted to
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remain on any Lot of the property unless the area of the residential dwelling, excluding
any basements, open porches, and garages, is not less than 1,800 square feet, if the
dwelling is of a single story. If the residential dwelling is two-story, the area of the first
floor shall not be less than 1,200 square feet. No such residential dwelling shall contain
more than two stories, nor shall any structure exceed thirty-five (35) feet in height,
regardless of the number of stories. The color and finish appearance of all buildings or
structures to be constructed on any Lot shall be consistent with the rules and regulations
promulgated by the Architectural Control Committee. No mobile homes or trailer homes
shall be allowed on any Lot. No residential dwelling or out-building or structure of any
kind shall be allowed on any Lot unless it complies with the requirements of Weld
County building codes and is approved by the Architectural Control Committee. No
structure of a temporary character, including trailers, campers, mobile homes, basements,
garages, tents, accessory buildings, or other vehicles, shall be used in any Lot for
residential purposes during the construction of a permanent dwelling or at any other time.
Section 4.03. Setbacks. No residential dwelling shall be constructed within fifty
(50) feet of the Lot's property line and/or fifteen (15) feet of any easement. Eaves, steps,
and open porches (not roofed) shall not be considered part of a building for purposes of
the foregoing setbacks. No other structure (except approved fences) shall be constructed
with fifty (50) feet of the Lot's front property line, and within twenty-five (25) feet of a
side or rear property line.
Section 4.04. Re-subdivision. No Lot of the Property as originally conveyed by
the Declarant may be further subdivided into two or more smaller Lots.
Section 4.05. Grading and Drainage. The topography of a Lot shall not be altered
in any manner that would cause unusual quantities of water from any source to flow from
the Lot onto any other Lot, the Road, or Out Lots A or B. All surface areas disturbed by
construction of residential dwellings or other buildings or improvements shall be
promptly restored as near as practical to their natural condition and shall be appropriately
landscaped.
Section 4.06. Signs and Advertising. No signs (other than one [1] sign of not
more than five [5] square feet per Lot advertising that the Lot is for sale or rent),
advertising, billboards, unsightly objects or nuisances shall be placed, erected or
permitted to remain in or on any Lot, nor shall any Lot be used in any way for any
purpose which may endanger the health, safety or life of any Person or which may
unreasonably disturb the other Owners.
Section 4.07. Inoperable Vehicles Prohibited. No tractors, farming equipment,
farm implements or "inoperable vehicles" shall be repaired, constructed or allowed to
remain on any portion of the Property in such a manner as to be visible from any other
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portion of the Property. The term "inoperable vehicle" shall mean any vehicle which has
not been driven under its own propulsion for a period of seventy-two (72) hours or
longer. Construction equipment used in construction of an approved house or other
improvement on any Lot shall be exempt from this Section 4.04.
Section 4.08. Radio and Television Antennae or Electrical Devices. With the
exception of a single standard 18" to 24" satellite dish attached to a residential dwelling,
no exterior television antenna, radio antenna or satellite transmitting or receiving devices
shall be placed, allowed or maintained upon any portion of any dwelling or any other
structure located upon a Lot, Easement or other portion of the Property without the
express written consent of the Association or its Architectural Control Committee. Any
standard satellite dish or other approved device shall be completely screened from view
from the Road. In addition, no electronic devices or systems causing unreasonable
electrical interference with radios or television receivers located within the dwelling upon
any Lot shall be placed or maintained on any Lot.
Section 4.09. Garbage and Refuse. All rubbish, trash, garbage and other waste
materials shall be disposed of in a neat and sanitary manner and shall be removed from
each Lot on a regular basis and shall not be allowed to accumulate on any Lot, Easement
or portion of the Property. All containers or other equipment for the storage or disposal
of garbage and trash shall be kept in a clean and sanitary condition. Trash containers for
each Lot shall be kept within garages or other areas concealed from view from the Road
or any other Lot except during days designated for pickup and disposal. Burning of trash
on any Lot is prohibited. No lumber or other building materials shall be stored or
permitted to remain on any Lot unless screened from view from other Lots and from the
Road, except for reasonable storage during construction.
Section 4.10. Fuel Storage. No tanks for the storage of or more than ten (10)
gallons of gas, fuel, oil, chemicals or other matter shall be erected, placed or permitted
above or below the surface of any Lot.
Section 4.11. Nuisances. No obnoxious or offensive activities shall be conducted,
or allowed to be conducted, upon any Lot or the Easements, nor shall anything be done
thereon which may be, or may become, an annoyance or nuisance to any other Owner.
Section 4.12. Fences: Screening. No barbed wire or chain link fences shall be
permitted on any Lot without the approval of the Architectural Control Committee,
except for such fences already existing on the Property. No privacy fence higher than
four (4) feet shall be permitted unless it is attached to the residential dwelling and is
intended to provide privacy to a patio or outdoor living area adjacent to the residential
dwelling which does not exceed 600 square feet in enclosed area. All air conditioning,
refrigeration, cooling, heating, or other mechanical equipment that is located outside of a
8
dwelling or other structure on a Lot shall be screened from view from other Lots and
from the Road by fencing or landscaping.
Section 4.13. Combination Address Sign and Mailbox. Each Lot shall have a
combination address sign and mailbox, which may be placed at the intersection of the
Road and the driveway to each Lot in such a manner as to be easily accessible for mail
delivery purposes. Each Owner shall be responsible for the purchase, construction,
erection, and maintenance of said Owner's address sign/mailbox.
Section 4.14. Maintenance of Lot. After the construction of a residential dwelling
upon any Lot, such Owner shall control all grass and other vegetation growing upon his
Lot and shall otherwise maintain and care for all landscaping on the Lot.
Section 4.15. Damage or Destruction of Improvements. In the event any
residential dwelling or other structure constructed on a Lot is damaged, either in whole or
in part, by fire or other casualty, said dwelling or other structure shall be promptly rebuilt
or remodeled to comply with this Declaration; or in the alternative, if the dwelling or
other structure is not to be rebuilt, all remaining portions of the damaged structure,
including the foundation and all debris, shall be promptly removed from the Lot, and the
Lot shall be restored to its natural condition existing prior to the construction of the
dwelling or other structure.
Section 4.16. County Regulations. Zoning ordinances, rules and regulations of
Weld County, Colorado, are considered to be a part hereof, and to any extent that these
Covenants might establish minimum requirements which conflict with the minimum
requirements established by said zoning ordinances, rules and regulations, the more
restrictive requirements shall apply.
Section 4.17. Home Occupations. The conduct of a home occupation within a
residential dwelling located upon a Lot shall be considered accessory to the residential
use and not a violation of this Declaration provided that the following requirements are
met:
A. Such home occupation shall be conducted only within the interior of the dwelling
and shall not occupy more than twenty percent (20%) of the floor area within the
dwelling.
R. The home occupation shall be conducted only by residents of the dwelling and no
non-residents shall be employed in connection with the home occupation carried
on in the dwelling.
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C. No signs or advertising devices of any nature whatsoever shall be erected or
maintained on any Lot with respect to such home occupation. This prohibition
shall not apply to the Declarant during the period of construction and sales.
D. No retail sales shall be conducted on a Lot.
E. The conduct of such home occupation shall be permitted under the zoning
ordinances of the County of Weld.
F. Only those home occupations which require no visits from customers in
connection with such occupation shall be allowed.
G. There shall be no evidence of a home occupation visible from the outside of the
dwelling unit.
Section 4.18. Pasture Management.
A. Each Lot Owner shall maintain a suitable ground cover of vegetation, including all
areas of the Lot used as pasture for Permitted Farm Animals. Suitable ground
cover in pasture areas may include, without limitation, Cool Season grasses such
as Western Wheatgrass, Crested Wheatgrass, Pubescent Wheatgrass, and Smooth
Brome Grass, and Warm Season grasses such as Blue Grama, Switchgrass and
Buffalo grass.
B. Each Lot Owner shall be responsible for the control of weeds, including without
limitation, Canadian thistle, leafy spurge and knapweeds, on the Lot.
C. Each Lot Owner shall maintain the grasses on the pasture areas of the Lot, if any,
so as to preserve ongoing sustainability. Pasture areas may be divided into blocks,
and together with pens and corrals, be utilized to limit overgrazing of any area of
the pasture by Permitted Farm Animals, and to minimize potential erosion from
wind or rain.
ARTICLE V
ARCHITECTURAL CONTROL COMMITTEE
Section 5.01. Initial Members of Committee. The initial member of the
Architectural Control Committee for the Property shall be the Declarant. The initial
member of the Architectural Control Committee shall hold office until such time as he
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has resigned or has been removed or his successor has been appointed as provided herein,
or in the By-Laws of the Association.
Section 5.02. Appointment of Members. After the removal or resignation of the
initial member of the Architectural Control Committee as named in section 5.01 above,
the Board shall serve as the Architectural Control Committee.
Section 5.03. Duties of Committee. The Architectural Control Committee shall
discharge its responsibility as set forth in this Declaration, the Articles of Incorporation
and By-Laws of the Association.
Section 5.04. Committee Meetings. The Architectural Control Committee shall
meet from time to time as necessary to perform its duties hereunder. The Architectural
Control Committee may from time to time by resolution unanimously adopted in writing
designate one of its members to take any action or perform any duties for and on behalf
of the Architectural Control Committee. In the absence of such designation, the vote of a
majority of all of the members of the Architectural Control Committee, or the written
consent of a majority of all of the members of the Architectural Control Committee taken
without a meeting, shall constitute an act of the Architectural Control Committee.
Section 5.05. Non-Liability of Committee Members. Neither the Architectural
Control Committee nor any member thereof, nor the Board nor any member thereof, shall
be liable to the Association or to any Owner or to any other Person for any loss, damage
or injury arising out of or in any way connected with the performance of the Architectural
Control Committee's or the Board's respective duties under this Declaration unless due to
the willful misconduct or bad faith of the Architectural Control Committee or its
members or the Board or its members, as the case may be.
ARTICLE VI
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 6.01. Membership Rights. Every Owner of a Lot shall become a member
of the Association upon acquisition of a Lot. Membership shall pass by operation of law
upon the sale of a Lot, which sale may be by deed or installment land contract. Each
Owner shall have one (1) vote for each Lot owned within the Property and shall be
entitled to vote as provided in the Articles of Incorporation and By-Laws of the
Association. When more than one (1) Person or entity holds a beneficial interest in a Lot
as joint tenant, tenant in common or otherwise, all such Persons shall be members of the
Association, but shall be considered only as one (1) Owner for voting purposes.
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Section 6.02. Organization and Purpose. The Association is a non-profit
Colorado corporation created for the purposes, charged with the duties and invested with
the powers prescribed by law or set forth in its Articles of Incorporation and By-Laws or
in this Declaration, and may not be dissolved without the prior written consent of the
Weld County Board of Commissioners. Neither the Articles of Incorporation nor By-
Laws shall for any reason be amended or otherwise changed or interpreted so as to be
inconsistent with this Declaration. In the event of a conflict between the provisions of the
Articles of Incorporation and By-Laws of the Association and this Declaration, the terms
of this Declaration shall control. The Association shall be charged with the
administration of the Property pursuant to the terms and provisions of this Declaration.
Furthermore, the Association shall be responsible for the maintenance and operation of
the Easements defined herein.
Section 6.03. Delegation of Functions. To the extent permitted by law, the
Association and Board may delegate any of their duties, powers or functions to a
Manager or to any other Person, or a committee of Persons. The Owners release the
Association and the members of the Board from liability or any omission or improper
exercise by the Manager or such other Person or committee or any duty, power or
function so delegated.
Section 6.04. Contracts. The Association may enter into contracts with any
Person to provide any service or perform any function, including, but not limited to,
contracts delegating performance of some or all of the duties under this Declaration and
the right to collect and remit (but not to levy) Assessments levied by the Association. No
such contracts shall exceed one (1) year in duration and all such contracts shall be
terminable by the Association upon ninety (90) days' prior written notice to the
appropriate Person provided that all such unpaid sums of money are then paid in full to
such Person.
ARTICLE VII
ASSESSMENTS FOR COMMON EXPENSES
Section 7.01. Personal Obligation of Owners for Assessments. The Declarant, for
each Lot shown on the Subdivision Plat of the Property, hereby covenants, and each
Owner of a Lot of the Property by acceptance of a deed therefor, whether or not it shall
be so expressed in such deed, is deemed to covenant and agree to pay all Assessments
imposed by the Association to meet the estimated Common Expenses. Assessments for
the estimated Common Expenses shall be due at such other intervals as may be set by the
Association from time to time, but not more frequently than once per month. The
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Association shall prepare and deliver by mail to each member a statement of such
Assessment.
Section 7.02. Purpose of Assessments; Reserve Fund. The Assessments levied by
the Association by and through its Board shall be used exclusively for the purpose of
promoting the recreation, health, safety and welfare of the residents on the Property; and,
in particular, for the services and facilities devoted to this purpose and related to the use
and enjoyment of any Easements within the Property owned by the Association, if any;
for the purpose of repairing, reconstructing, replacing, maintaining the access roads on
the Easements on the Property; common utilities, landscaping and common irrigation and
drainage facilities located on the Easements described herein; and such other
maintenance or improvement obligations which may be deemed necessary for the
common benefit of the Owners and the maintenance of property values or which may be
incurred by reason of agreement with or requirement of the county or other governmental
authorities. The Assessments shall further be used to provide adequate insurance of any
and all types and amounts deemed necessary by the Board and to provide such reserves
as may be deemed necessary in order to accomplish the objects and purposes of the
Association. A portion of the Assessments shall further be used to provide a reserve fund
for the replacement and maintenance of facilities and property of the Association which
must be repaired on a periodic basis and the Board shall be obligated to establish such
reserve fund.
Section 7.03. Basis and Payment of Assessments.
A. The aggregate amount of money needed for each calendar year shall be estimated
by the Board on or before the first day of December of the preceding calendar
year. Upon the making of such determination, the Board shall send each Owner a
notice of Assessment and the same shall be payable in advance in monthly,
quarterly or annual installments as the Board may determine. Such Assessments
shall be levied at a uniform rate against all Lots (i.e., one-nine [1/9] of the total
Assessments shall be levied against the Owners of each Lot within the Property as
shown on the Subdivision Plat)regardless of the size of each Lot.
B. Installments of Assessments shall be payable on such dates as
shall be adopted by the Board provided that written notice of such Assessment be
sent to each Property Owner at least ten (10) days prior to the Assessment date.
The Association shall, upon demand of any Owner, prospective purchaser,
Mortgagee or prospective Mortgagee, furnish a certificate in writing signed by an
officer of the Association setting forth whether the Assessment on a specified Lot
has been paid. A reasonable charge may be made by the Board for the issuance of
these certificates. Such certificates shall be conclusive evidence of the status of
the payment of any such Assessment on any Lot.
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Section 7.04. Special Assessments for Capital Improvements. In addition to the
Assessments authorized above, the Association may levy, in any Assessment year, a
special Assessment applicable to that year only for the purpose of defraying, in whole or
in part, the cost of any construction, reconstruction, repair or replacement of any capital
Improvement which is situated upon any property owned by the Association, including
the fixtures and personal property related thereto, provided that any such Assessment
shall have the assent of three-fourths (3/4) of the votes of the Members of the
Association. The amount of such special Assessment in respect to each Lot shall be
computed in the same manner as the annual Assessments.
Section 7.05. Date of Commencement of Actual Assessment; Due Dates. Any
installment of Assessments provided for herein shall commence on such date as shall be
determined by the Board following its organizational meeting. The Board shall fix the
amount of the Assessment against each Lot and shall, at least ten (10) days prior to any
Assessment, sent written notice thereof to each Owner subject thereto.
Section 7.06. Effect of Non-Payment of Assessments and Remedies of
Association. Any annual or special Assessment which is not paid when due shall be
delinquent and shall constitute a lien against the delinquent Owner's Lot. If the
Assessment installment is not paid within ten (10) days after the due date, the Assessment
installment shall bear interest from the date of delinquency at the rate of eighteen percent
(18%) per annum (such interest to be included in the lien). In addition, any Owner who
fails to pay an assessment when due (the "Defaulting Owner") shall be obligated to pay
to the Association on demand all costs and expenses incurred by the Association,
including reasonable attorney's fees, in attempting to collect the delinquent assessment.
The total amount due from a Defaulting Owner, including unpaid Assessments, interest,
costs, and attorney's fees, shall constitute a statutory lien on the Defaulting Owner's Lot
in accordance with C.R.S. 38-33.3-316, prior to all other liens and encumbrances,
recorded or, unrecorded, except (a) taxes, special assessments, and special taxes
theretofore or thereafter levied by any political subdivision or municipal corporation of
the State of Colorado, or federal taxes which, by law, are a lien on the interest of such
Owner prior to the preexisting recorded encumbrances thereon; (b) all sums unpaid on a
mortgage or deed of trust of record representing a first lien against a Defaulting Owner's
Lot; and (c) all sums unpaid on a mortgage or deed of trust against the Defaulting
Owner's Lot which secures a promissory note or other evidence of indebtedness payable
to the Declarant. The lien for unpaid Assessments herein created shall be prior to and
superior to any homestead exemption or other exemption under or by virtue of any law of
the United States or State of Colorado now existing or hereafter enacted; and each
Owner, by acceptance of a deed to a Lot, expressly waives and releases any such
homestead right or exemption, but only with respect to the assessment lien.
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Section 7.07. Enforcement. A lien may be enforced by foreclosure by the
Association of the Defaulting Owner's Lot in like manner as mortgages on real property
in accordance with C.R.S. 38-33.3-316. The lien provided for herein shall be in favor of
the Association and for the benefit of all Owners. The Defaulting Owner shall be
required to pay all costs and expenses of such proceedings; the costs, expenses, and
attorney's fees for filing the notice of claim of lien; and all reasonable attorney's fees
incurred in connection with such foreclosure. The Defaulting Owner shall also be
required to pay to the Association any Common Expenses due and owing during the
period of foreclosure, and the Association shall be entitled to the appointment of a
receiver to collect the same. The Association shall have the power to bid on the Lot at
the foreclosure sale and to acquire, hold, lease, mortgage, and convey the same. Any
encumbrancer holding a lien on a Lot may, but shall not be required to, pay any unpaid
Common Expenses due and owing with respect thereto; and upon such payment, such
encumbrancer shall have a lien on such Lot for the amount paid of the same rank as the
lien of his or its encumbrance. The sale or transfer of any Lot as a result of foreclosure
of a First Mortgage or any proceeding in lieu of foreclosure, shall extinguish the lien of
any such Assessment as to payments thereof which become due prior to the time such
First Mortgagee acquires title, but shall not relieve any former Owner of personal liability
thereof. No sale or transfer shall relieve such Lot from liability for any Assessments
becoming due after such First Mortgagee acquires title.
Section 7.08. Notice to Mortgagee. Upon request of a Mortgagee, and upon
receipt by the Association of a reasonable fee not to exceed Twenty-Five Dollars
($25.00) for such service, the Association shall report to the Mortgagee of a Lot any
unpaid Assessments or any other defaults under the terms hereof which are not cured by
said Mortgagee's Mortgagor within thirty (30) days; provided, however, that a Mortgagee
shall have furnished to the Association notice of its encumbrance.
ARTICLE VIII
ENFORCEMENT AND NON-WAIVER
Section 8.01. Right of Enforcement. Except as otherwise provided herein, any
Owner of a Lot which is subject to this Declaration, and the Board shall have the right to
enforce all of the provisions of this Declaration. Such right of enforcement shall include
both damages for and injunctive relief against the breach of any such provision.
Section 8.02. Violation a Nuisance. Every act or omission whereby any provision
of this Declaration is violated in whole or in part is hereby declared to be a nuisance and
may be enjoined or abated by any Owner at his own expense, and the Board, whether or
not relief sought is for negative or affirmative action.
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Section 8.03. Violation of Law. Any violation of any federal, state or local law,
resolution or regulation pertaining to the ownership, occupancy or use of any Property
subject hereto is declared to be a violation of this Declaration and subject to all of the
enforcement provisions set forth herein.
Section 8.04. Enforcement in Small Claims Court. The Association may enforce
any fine or delinquent Assessment levied or assessed under this Declaration and any late
payment charge attributable thereto, and any interest thereon and the cost of collecting
the same under the terms and provisions of C.R.S. 13-6-401, et semc . as amended, and any
other similar or dissimilar legislation with respect to a "small claims court" as may exist
from time to time. The Association may also bring any action in law or equity in any other
court available to it under the statutes of the State of Colorado for enforcement of any
provision of this Declaration.
Section 8.05. Remedies Cumulative. Each remedy provided by this Declaration is
cumulative and not exclusive.
Section 8.06. Non-waiver. The failure to enforce any provision of this Declaration
at any time shall not constitute a waiver of the right thereafter to enforce any such provision
or any other provision hereof.
ARTICLE IX
MISCELLANEOUS
Section 9.01. Term. This Declaration, as the same may be amended from time to
time hereafter, including all covenants, conditions and restrictions, shall run with the land;
shall be binding upon all Persons owning Lots in the Property and any Persons hereafter
acquiring said Lot; and shall be in effect for a period of twenty-five (25) years from and
after the date this Declaration is Recorded in the Office of the Clerk and Recorder of Weld
County, Colorado, after which period this Declaration shall be automatically extended for
successive periods of ten (10) years each unless amended or extinguished by written
instrument executed by the Owners holding at least three-fourths (3/4) of the votes in the
Association. Notwithstanding the foregoing, in no event shall the Easements described
hereinabove be extinguished by the lapse of time, it being the express intent of the Owners
that said Easements are hereby dedicated and conveyed to the Association without
limitation as to length of time.
Section 9.02. Mortgage Protection. Notwithstanding any other provision of this
Declaration, no lien arising by reason of the breach of or the enforcement of any provision
of this Declaration shall defeat or render invalid the rights of a Beneficiary under any
Recorded First Mortgage now or hereafter upon a Lot made in good faith and for value.
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However, after the foreclosure of any such First Mortgage or after any conveyance in lieu of
foreclosure, such Lot shall remain subject to this Declaration and shall be liable for all
Assessments levied subsequent to such foreclosure or conveyance, and all installments of
Assessments levied prior to completion of such foreclosure or before such conveyance shall
not be the obligation of such Mortgage.
Section 9.03. Amendment.
A. Special Provisions. No amendment of Section 9.02 shall be effective as to any First
Mortgagee who does not join in the execution thereof, provided that his First
Mortgage is recorded in the real property records of Weld County, Colorado, prior to
the recordation of such amendment; provided, however, that after foreclosure or
conveyance in lieu of foreclosure, the property which was subject to such First
Mortgage shall be subject to such amendment. No amendment of this Declaration
shall be effective until executed and recorded in the real property records of Weld
County, Colorado, in the manner hereinafter provided.
B. By Owners. Except as provided in Section 9.03A above, this Declaration may be
amended by recording in Weld County, Colorado, real property records an
instrument executed and acknowledged by the Owners holding at least three-fourths
(3/4)of the votes of the Association at the time of the amendment.
C. Fractional Ownership. For purposes of Section 9.03B above, if title to any Lot is
held jointly or in common by more than one Person, the votes with respect to said
Lot shall be held in the same manner. However, neither fractional votes nor split
votes shall be allowed, and all joint or common Owners approve in writing the
proposed amendment under Section 9.03B or the votes with respect to such Lot shall
not be counted.
Section 9.04. Interpretation. This Declaration shall be construed and governed
under the laws of the State of Colorado.
Section 9.05. Construction.
A. Restrictions Severable. Each of the provisions of this Declaration shall be deemed
independent and severable, and the invalidity or partial invalidity of any provision or
a portion thereof shall not affect the validity or enforceability of any other provision.
B. Singular Includes Plural. Unless the context requires a contrary construction, the
singular shall include the plural, and the plural the singular; and the masculine,
feminine or neuter shall each include the masculine, feminine and neuter.
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C. Captions. All captions and titles used in this Declaration are intended solely for
convenience of reference and shall not enlarge, limit or otherwise affect that which is
set forth in any paragraph, section or article hereof.
IN WITNESS WHEREOF, the Declarant has executed this Declaration on the day
and year first above written.
Gold Stone Center, LLC, a Colorado limited
liability company
By:
Walter W. Huang, Manager
"Declarant"
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STALE OF COLORADO)
) ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this day of
, 2006, by Walter W. Huang.
WITNESS my hand and official seal.
My commission expires:
Notary Public
RATIFICATION AND CONFIRMATION
The undersigned, having a security interest in all or any portion of the real
property described on Exhibit "A" attached hereto and incorporated herein by
reference, hereby approves, ratifies, confirms and consents to the foregoing
Declaration of Covenants, Conditions and Restrictions for the Gold Stone Creek
Minor Subdivision.
IN WITNESS WHEREOF, the undersigned has caused its name to be
hereunto subscribed by , its
this day of , 2006.
* *Bank
By:
(Name) (Title)
STATE OF COLORADO)
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2006, by as of* * Bank.
WITNESS my hand and official seal.
My commission expires:
Notary Public
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EXHIBIT"A"ATTACHED TO AND MADE A PART OF THE DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS FOR GOLD STONE
CREEK SUBDIVISION.
Legal Description
North 1/2 of the Northwest 1/4 of Section 16, Township 8 North, Range 66 West of
the Sixth Principal Meridian, County of Weld, State of Colorado
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