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Home My WebLink About20061152.tiff Feb 16 06 07: 59a James Scott 970-686-0286 p. 2 Shiloh Estates P.U.D. Home Owners Association Windsor, Colorado Re: Lot 7 Shiloh Estates P.U.D. To: Whom it may Concern, • This letter is to certify that in July of 2005 James and Cheri Scott requested that the property owned by them and known as lot 7 Shiloh Estates be given permission from the members of the Shiloh Estates Home Owners Association to pursue the subdivision of this lot thru the county of Weld. The proposal made to the home owners was that Lot 7 would be divided into 4 lots and that the lots would become a part of the Shiloh Estates P.U.D. The newly created lots would then be governed by Shiloh Estates H.O.A and subject to all governing covenants. In a written ballot presented to the home owners on about August 22, 2005 and to be returned to the secretary of the Shiloh Estates H.O.A by August 26, 2005. The Scott's received better than 2/3 majority in favor of the subdivision and the acceptance of all lots into the Shiloh Estates H.O.A.which satisfied the requirements of the Shiloh Estates covenants. Sincerely estd \ G\ Date R) d4 Ju r ampairr, P t Shiloh Estates H.O.A.H.O_A. Ll\ Date It /i /o2 Dor Detlef Visch , Secretary Shiloh Estates H.O.A. 2006-1152 EXHIBIT Feb 16 06 07: S9a James Scott 970-686-0286 p. 3 Shiloh Estates Homeowner Association October 3rd, 2005 SPECIAL HOMEOWNERS ASSOCIATION MEETING MINUTES September 1, 2005 at the Vischer's 7:00 PM Shiloh Estates Homeowners Association Meeting Decisions Lot#7 subdivision update o The Scott's received better than 2/3 majority in favor of the subdivision and the acceptance of all lots into the Shiloh Estates H.O.A. which satisfied the requirements of the Shiloh Estates covenants. o FOR: 10 AGAINST: 2 ABSTAIN: 2 o Here is the table of how homeowners voted: Lot Voted For Against 1 ✓ ✓ 2 ✓ ✓ 3 SEM 4 V V 5 ✓ ✓ 6 ✓ ✓ 7 ✓ ✓ 6 ✓ ✓ 9 V ✓ 10 V V 11 ✓ ✓ 12 inlet 13 V ✓ 14 ✓ V 12 Disei Common area watering decisions o Issue did not necessitate any further discussion as sprinklers were repaired and moved as expected. General positive feedback that watering was as good as possible given existing setup. Common area mowing and edging decisions o Dittberners will no longer assume common area landscaping maintenance in 2006. o Possibility of another homeowner assuming this responsibility with compensation was discussed. If someone has the inclination to do so, they will need to have a proposal to be presented at the annual HOA meeting. o The use of a professional service was discussed and Tom Tousignant offered to get updated quotes to be presented at the annual HOA meeting. o Decision to use a homeowner run or professional service to be made at the annual HOA meeting. e Page 1 of 3 February 23,2006 Weld County Planning Department CREELEY OFFICE Mr. Brad Mueller, Planner FEB 2 7 2006 Weld County Dept. of Planning Services 918 10th Street RECEIVED Greeley, CO 80631 RE: Case Number AmPF-354: James and Cheri Scott I am responding to the letter I received from your department regarding the subdivision and replat of Lot 7 in Shiloh Estates PUD Zone District. I am strongly opposing the subdivision of this lot for the following reasons: • I purchased my lot in the Spring of 2000 & was informed at that time that nothing would be built on Lot 7 for 20 years &then only 1 home. I took this information into consideration when making the decision to invest most of my life savings into building a home on the aforementioned lot. • My family (including 3 small grandchildren) has also bought a home from Jim Scott in Moriah Estates which is 1 street west of Cornerstone Way. My grandchildren have had the luxury of visiting between the 2 houses on their bikes & Gators —that beautiful way of country life will be erased as construction begins on 4 new homes. I am truly offended that the way of life we all have envisioned as owners in Shiloh will be greatly affected due to Mr. Scott's change in plans. The adverse affect on many families living in this secluded area should be taken into consideration when addressing the subdivision of Lot 7. We bought here because we desired the serenity & safety for our children in this beautiful area. • My appraiser has informed me that there will be a $20,000 - $30,000 decrease in my property value if construction on 4 new homes commences on Lot 7. Mr. Scott will be the only person gaining monetary compensation while the rest of the homeowners surrounding this project will lose some of their investment. This is grossly unfair to the families that bought into the idea of 1 home on Lot 7. We bought in "good faith" & Mr. Scott has negated that trust as he attempts to go forward with his project. • I do not feel that "due process" was fully invoked as Mr. Scott attempted to gain approval for the subdivision of Lot 7. There has been much confusion & contradictory information disseminated among the —' homeowners in Shiloh Estates. More time was needed to fully digest the information that Mr. Scott presented to the homeowners. The ensuing vote was greatly influenced by the remarks that Mr. Scott had made in a previous information meeting held at his home. Many homeowners took Mr. Scott's word that someone else could develop the land which is not totally the case. In conclusion, I ask that the Planning Commission take into consideration all of the facts surrounding this case. We, as homeowners in Shiloh, feel that we have adhered to the covenants we signed when purchasing our homes but that Mr. Scott has not. We ask that you help us keep our way of life & the uniqueness that Shiloh Estates affords. Thank you for your consideration, Sharon A. Veillon 35284 Cornerstone Way (Lot 11) Windsor, CO 80550 970-686-7247 Weld County Planning De GREELEY OFFICE�rtment February 15, 2006 /� FED' 1 7 2006 Mr. Brad Mueller, Planner •`ECE'V Weld County Department of Planning Services ED 918 10th Street Greeley, CO 80631 RE: Case Number AmPF-354 James and Cheri Scott We are responding to your letter regarding the subdivision and replat of Lot 7 in Shiloh Estates PUD Zone District. This letter will outline our strong opposition to this subdivision for several reasons. Please take the following into consideration during your review. • We purchased our property(Lot 10) in the Spring of 2000 with the understanding that Lot 7, which lies across the road and slightly west of our property would be developed at some time in the future. A large contributing factor for the purchase of our home in Shiloh Estates was that construction was essentially finished within the subdivision with the exception of Lot 7. We understood that Lot 7 would be developed as a Single Property based on information provided by our realtor as outlined in the Declaration of Covenants, Conditions and Restrictions For Shiloh Estates P.U.D. The decision of Jim and Cheri Scott to now subdivide this property into 4 Lots dramatically alters the character of this established subdivision. As homeowners directly adjacent to this proposed development we are now being subject to the construction of a new road, 4 homes with the noise, traffic and debris that is associated with their construction, and view issues that will occur as a result of this development. On the subject of view alone we have been advised that this construction will result in a drop in resale value of our property of up to $20,000. • The Declaration of Covenants, Conditions and Restrictions For Shiloh Estates P.U.D., Article III-Use and Other restrictions (3.32) state that"No lot shall be subdivided or utilized for more that one detached single family dwelling...without the prior approval of the Architectural Review Board." In the case of this subdivision the Board utilized an opinion poll to make the basis of their decision. This poll was done in late August of 2005. The only information disseminated to the Homeowners was at a meeting held at the Scott residence on August 4, 2005. No further information was distributed prior to the poll being taken 2 weeks later. As we were out of town for the Scott meeting our only available written information was a brief notice of intent to subdivide and a plat map that went out with the 8/4/2005 meeting notice. No minutes of this meeting were taken or distributed. We voted Against subdivision on the opinion poll. In discussion with fellow homeowners it became apparent that some of the information presented at this meeting was both false and/or misleading. This biased information led the majority of homeowners to vote in favor of the project. Further discussion among homeowners has shown a significant number of homeowners who voted for the project are now against this development. This is reflected in the 2006 Annual Meeting of Homeowners of Shiloh Estates Minutes that state "...the main concern appeared the process was rushed and it took homeowners additional time to fully understand their options, and they had reached their conclusions after the vote had already taken place." A subsequent informal poll of Shiloh Homeowners done by resident William Kennison shows that at least 6 homeowners out of 14 (two of these lots being owned by the Scotts) are against subdivision. • Covenant Restriction-the Declaration of Covenants, Conditions and Restrictions For Shiloh Estates P.U.D. Article 1-Preamble states that"The Property shall be a "planned community" under the Colorado Common Interest Ownership Act. The Maximum number of lots within the Property shall be fourteen (14)". This restriction alone prohibits the subdivision of Lot 7. The covenants require a written vote of the homeowners to make this change. The requirements and conditions of this vote and subsequent approval by first mortgage holders are outlined in the covenants. Based solely on this legal requirement of the covenants I would ask that the Planning and Zoning Board reject the Scott application to subdivide and replat Lot 7 until such time as all covenant issues are resolved by the Shiloh Estates Homeowners. We would ask the Planning Commission to carefully review this case based on the numerous legal, civil and ethical issues surrounding this case. Shiloh Estates is a unique established community. Leaving Lot 7 as originally platted is in the best interest of the homeowners, neighboring land owners, and Weld County. I look forward to discussing these issues at the Public Hearing. Thank you for your consideration, lS leZZ Eric B. and Beth R. Kesler 35298 Cornerstone Way(Lot 10) Windsor, CO 80550 970-674-0625 • Weld County Planning Department February 15, 2006 GREELEY 0ff'CEp FEB 16 2006 Mr. Brad Mueller, Planner Weld County Department of Planning Services RECEI VED 918 10th Street Greeley, CO 80631 RE: Case Number AmPF-354 James and Cheri Scott We received a letter from your department regarding the proposal by Jim and Cheri Scott to replat and subdivide Lot 7 in Shiloh Estates PUD Zone District was under review. We are writing this letter to inform your office that we are strongly opposed to this proposal for the following reasons. 1. Article I—Preamble of the Declaration of Covenants, Conditions and Restrictions for Shiloh Estates states that the "maximum number of lots within the property shall be fourteen(14)." In addition, the plat map recorded for the subdivision shows Lot 7 as one lot containing approximately 17 acres. 2. Article III- Use and Other Restrictions (Item 3.32) of the Declaration of Covenants and Restrictions for Shiloh Estates states "no lot shall be subdivided or utilized for more than one detached single family dwelling without prior approval _ of the Architectural Review Board." In this case, the Covenants can only be changed using the specific procedures for approval of the owners of Shiloh Estates including written AMENDMENT to the declaration. To date, a proposed written amendment to change the covenants has not been submitted and approved by the Association. We believe this step must be accomplished prior to review by the Weld County Department of Planning Services. 3. We purchased our property(Lot 12 of Shiloh Estates)with the clear understanding from Jim and Cheri Scott that Lot 7 would include only one house. The unique development (14 homes) with only one cul-de-sac road played a big part in our decision to purchase a home in Shiloh Estates. The development of Lot 7 would dramatically change the uniqueness of Shiloh Estates and the lifestyle to which we are accustomed including increased traffic, noise and pollution. Shiloh Estates currently consists of fourteen (14) lots each containing one voting right in the Association. Jim and Cheri Scott own Lot 7 and Lot 8 (personal residence) and therefore allowed two votes. I am attaching for your review an informal poll of the subdivision regarding the proposed development of Lot 7. The results are as follows: • For the Development of Lot 7 0 (no votes returned) • Against the Development of Lot 7 6 • Abstained (no vote returned) 8 The Covenants can only be changed with a 2/3's majority vote of the Association. At this point, Jim and Cheri Scott do not have the vote required for approval. This issue has become an extremely sensitive topic within this neighborhood. People who were originally for the development have since reviewed the Covenants, Conditions and Restrictions and changed their positions. Many were led to believe that the development of Lot 7 was inevitable and they had no choice in the matter. They have since determined that is simply not true. At last count (14 February 2006), seven lots are now against the subdivision of Lot 7. Therefore, we believe that due diligence needs to be performed by Shiloh Estates Homeowners (including Jim and Cheri Scott) before any review by the Weld County Department of Planning Services. Therefore we request a review by your department be postponed until it is fully resolved within Shiloh Estates PUD. Thank you for your consideration. .am J. Carolyn D. nnison 35198 Cornerstone Way(Lot 12 Shiloh Estates PUD) Windsor, CO 80550 (970) 686-9077 JANUARY 15, 2006 OPINION POLL THIS IS AN INFORMAL OPINION POLL OF THE SHILOH ESTATE HOMEOWNERS REGARDING THE PROPOSED DEVELOPMENT OF LOT 7. BASED UPON INFORMATION PRESENTED AT THE HOA MEETING ON 11 JANUARY 2006,PLEASE PROVIDE THE FOLLOWING RESPONSE: LOT3 FOR THE DEVELOPMENT OF LOT 7. AGAINST THE DEVELOPMENT OF LOT 7. COMMENTS: f\-) )vratosi PLEASE TURN THIS POLL TO THE BOARD NO LATER THAN JANUARY 15,2006 OPINION POLL THIS IS AN INFORMAL OPINION POLL OF THE SHILOH ESTATE HOMEOWNERS REGARDING THE PROPOSED DEVELOPMENT OF LOT 7. BASED UPON INFORMATION PRESENTED AT THE HOA MEETING ON 11 JANUARY 2006, PLEASE PROVIDE THE FOLLOWING RESPONSE: LOT6 FOR THE DEVELOPMENT OF LOT 7. 2 AGAINST THE DEVELOPMENT OF LOT 7. COMMENTS: tot GAP/ feta / Lit .�c c,Q t _it.er tetneew z -60 G0) -e `et-e9 e� 614411-4.-r J �� -� „rA-tt Pr '-W U PLEASE RETURN THIS POLL TO THE BOARD NO LATER THAN a . r 06 -402 60g4n, f JANUARY 15,2006 OPINION POLL THIS IS AN INFORMAL OPINION POLL OF THE SHILOH ESTATE HOMEOWNERS REGARDING THE PROPOSED DEVELOPMENT OF LOT 7. BASED UPON INFORMATION PRESENTED AT THE HOA MEETING ON 11 JANUARY 2006,PLEASE PROVIDE THE FOLLOWING RESPONSE: LOT 10 FOR THE DEVELOPMENT OF LOT 7. AGAINST THE DEVELOPMENT OF LOT 7. COMMENTS: \i3e. 4voncJi <De pc>se__ deoci opprreft-i- cc Low -1 0,6 pCroosesc1 c ji J ‘m PLEASE TURN THIS POLL TO THE BOARD NO LATER THAN i OG JANUARY 15, 2006 OPINION POLL THIS IS AN INFORMAL OPINION POLL OF THE SHILOH ESTATE HOMEOWNERS REGARDING THE PROPOSED DEVELOPMENT OF LOT 7. BASED UPON INFORMATION PRESENTED AT THE HOA MEETING ON 11 JANUARY 2006, PLEASE PROVIDE THE FOLLOWING RESPONSE: LOT 12 FOR THE DEVELOPMENT OF LOT 7. AGAINST THE DEVELOPMENT OF LOT 7. COMMENTS: YrIA Vi` t tt ' rp. pJ&Ly arcs*. -rite 1 / .01, AE., -+r of Loy 7. We to Nor SEE Ewy VA,LuE Tb SNt.o,l . u,,.tsa,.....ee.S As A of -rHt•s Lit-✓ra-cfpiv e,.h Zr+ FAcr a wE vat. Ti1E IMpAc,T Wo.�i.�s •j3E I.IEGA*'r.nE �.`j"�-•r�1-.6. I a bcc ac a t '�Ropto,,rti i/Awc A.. b. I.JcMAs£t. Noise .*w� j rs.FF.c_• vie A.S. rein_1 T4ru.-r, .14€ Va- E WAS, -50,5E s. /11/1,1Leteli 'WIN. Ina seI'•M"E IN FOre-n-v.r.or,/, b+£ R-o c.Es� ,vA7 _,or• •1Da��a -.I Fo u�oWCA 'a.�1 -TWC �OAn�n Cow :1;^n Scv�t� GVNc.eR�Nln�tt -p 4E /�.��ppP.u✓A` off � +E DLop Mt.* -. (,. aan-Lyy WE "f. y_.E�/E '•7".FbAT -TF�C PLEASE RETURN THIS POLL TO THE BOARD NO LATER THAN Rhu'-rs nF -�..y 0�.r.. �..-.��.L_ ri1-{d,,..t TT}Af -T1*E <�o,v.�LCiciOn,/ OF nkerst �. �o.�" ors " Acr°�,nisr" TN'S 77CvE rig- vr' tiAs II JANUARY 15,2006 OPINION POLL THIS IS AN INFORMAL OPINION POLL OF THE SHILOH ESTATE HOMEOWNERS REGARDING THE PROPOSED DEVELOPMENT OF LOT 7. BASED UPON INFORMATION PRESENTED AT THE HOA MEETING ON 11 JANUARY 2006, PLEASE PROVIDE THE FOLLOWING RESPONSE: LOT 13 FOR THE DEVELOPMENT OF LOT 7. AGAINST THE DEVELOPMENT OF LOT 7. COMMENTS: li0• /e / Ur lcfm tow I a >c An,j w r a l-Cc' 1-t- Avite I /PVn?Ir ve i etovlt VS /Wc/✓f GrP CEl V• e" C g n L1 J �C7 f'- th ` I7VIS /h T- 1nJrrr d ,sctiJGSYd 4 evc 1 - it/ IF- i PLEASE R TURN THIS POLL TO THE BOARD NO LATER THAN G r� /l /06 . /�` � /�� \i' JANUARY 15, 2006 OPINION POLL THIS IS AN INFORMAL OPINION POLL OF THE SHILOH ESTATE HOMEOWNERS REGARDING THE PROPOSED DEVELOPMENT OF LOT 7. BASED UPON INFORMATION PRESENTED AT THE HOA MEETING ON 11 JANUARY 2006, PLEASE PROVIDE THE FOLLOWING RESPONSE: LOT 11 \ , FOR THE DEVELOPMENT OF LOT 7. is AGAINST THE DEVELOPMENT OF LOT 7. COMMENTS:\,51'-fa t-et2-o4 / �2� c t az z�, 6L c- PLE E 1R4TURN THIS POLL TO THE BOARD NO LATER THAN <P / fOG . r QUO „ ,, January 25, 2006 Weld County Planning Department GREELEY OFFICE Mr. Brad Mueller, Planner FEB 0 6 2006 Weld County Department of Planning Services 91810th Street RECEIVED Greeley, CO 80631 RE: Case Number AmPF-354: James and Cheri Scott We received a letter from your department notifying us that a proposal to replat and subdivide Lot 7 in Shiloh Estates PUD Zone District was under review. We are strongly opposed to this proposal for multiple reasons. We purchased our property—Lot 6 of Shiloh Estates, directly south of Lot 7—with the understanding that Lot 7 was platted as a single lot with only one house permitted. The uniqueness of a smaller development (a total of 14 houses)with a single cul-de-sac road was the primary reason we selected Shiloh Estates. If Lot 7 is subdivided as proposed, our accustomed lifestyle will suffer dramatically. Our overall development would be increased by 21%; our semi-rural selling with its signature common area and open space will no longer exist. Rather it will be replaced by denser development and its accompanying increased traffic, pollution and noise. With the proposed development of Lot 7 not only would we lose a significant portion of our serene surroundings, but also house and property value. We've had two independent realtors appraise our property with and without the proposed development. After reviewing the property as it currently exists as well as the proposed re-platting and subdivision, they stated that with the loss of our view and the increased noise and traffic resulting from the four proposed homes on Lot 7 that we could expect a drop of$15,000 to $20,000 (today's dollars) in value. None of the developer's proposed improvements will compensate this loss. Additionally, the covenants covering the Shiloh Estates PUD that we agreed to comply with and under which we designed and developed our home state that one home will be built on Lot 7 and that no lots can be subdivided. Moreover, the Shiloh Estates Board of Directors consistently refers to these covenants to guide and inform all community decisions. In other words, relying on our covenants is a communal precedent, particularly when making decisions that affect the greater good. Subdividing Lot 7 is a direct contradiction of our established PUD covenants. In short, our reasons for not supporting this proposal include the following: • On purchasing our property, we were told that Lot 7 would have one home. Our purchase was decided by the small, unique, quiet and relatively isolated design of Shiloh Estates as it presently stands. • The Shiloh Estates PUD covenants state unequivocally that Lot 7 is a single lot with one home. They also state that Shiloh Estates is comprised of 14 lots; the proposed subdivision would result in 17 lots. Performing our due diligence at the time we purchased our property, we reviewed the plat map on file with the County: it showed 14 platted lots, not 17. • We would suffer significant property value loss, as well as a compromised lifestyle. Presently, our views to the north (overlooking Lot 7) afford us quiet pastures and fields, another chief reason we purchased our land and built our home. Under the auspices of our covenants, our home was built with the understanding that only one home would exist to our north and was thus positioned to maximize these northern views. While we recognize that development land in our area is at a premium making Lot 7 a very valuable piece of real estate, a principal reason that this land is so valuable is because it offers open space and a rural "feeling". We think that subdividing Lot 7 would lessen the overall community's appeal and value. Furthermore, several other land parcels in the vicinity are available for purchase; and are open to developments that would not compromise the lifestyles or land values of surrounding property owners. With the rapid growth along the entire Front Range, we are very concerned about the diminishing open space and the loss of a very desirable lifestyle. We have worked diligently to align our building decisions with sustaining the land and maintaining a way of life that is quickly becoming obsolete. We believe that the best response to the proposal would be to keep Lot 7 as a single lot with one home. The developers and owners (James and Cheri Scott) could be advised to purchase other land that would welcome their development efforts. Additionally, they can be reminded that they will still earn a considerable yield by building a single home on Lot 7. With such a solution, the developers/owners can still turn a profit and our community can remain semi-rural, open, and true to its original development goals Thank you for your consideration. rJ-&..x2,1.,- - )), hillip L. Dittberner, Ph.D. Judith A. Whichard, Ph.D. 35245 Cornerstone Way(Lot 6 Shiloh Estates PUD) Windsor, CO 80550 (970) 686-5917 FIRST AMENDMENT TO DECLARATION OF COVENANTS,RESTRICTIONS AND CONDITIONS FOR SHILOH ESTATES P.D.D. Pursuant to Article 7.3 of the Declaration of Covenants, Conditions and Restrictions for Shiloh Estates P.U.D. (the "Declaration"), recorded in the records of the Weld County Clerk and Recorder on May 26, 1994, at Reception Number 02390493, and in accordance with the provisions of C.R.S. §38-33.3-217, the Declaration is amended as follows: 1. The fifth paragraph of Article I is amended as follows: Developer shall install a system of carrier ditches such that all lots within the Property will have irrigation water available to them. Developer shall also transfer and assign two (2) share of stock in the Larimer-Weld Irrigation Company and two (2) share of stock in the Larimer-Weld Reservoir Company to the Association. These shares of stock are in addition to the water stock that are currently in the possession of the Association. All lots within the Property except Lot 8 shall share in the costs incurred by the Association to pay the assessments for and provide distribution of irrigation water to all lots except Lot 8. The Association and the owners of Lot 8 shall cooperate with one another and shall reasonably coordinate their calls for irrigation water. The costs incurred by the Association relative to irrigation water shall be borne by the owners of all lots except Lot 8 in the ratio of their respective square footages, as such ratio is set forth on Exhibit C hereof. 2. The second paragraph of Section 3.11 is amended as follows: Aside from dogs, cats and indoor household pets,the number of animals allowed on each lot shall be subject to the schedule set forth on Exhibit B hereof. That is, no combination of animals exceeding 3.0 "animal units" as set forth in the table which appears in said Exhibit B shall be allowed on Lot 1 and so on. No fowl, swine, or reptile may be kept on any lot within the Subdivision. No bison or elk may be kept on any lot within the Subdivision except Lot 8. 3. Section 3.35 is amended as follows: 3.35 Ditches. Developer shall install a system of carrier ditches such that all lots within the Property will have irrigation water available to them. All lots within the Property except Lot 8 shall share in the costs incurred by the Association to pay the assessments for and provide distribution of irrigation water to all lots except Lot 8. The owners of Lot 8 shall be separately responsible for obtaining irrigation water for their lot, and the Association shall have no responsibility therefor. The Association and the owners of Lot 8 shall reasonably coordinate their calls for irrigation water. The owners of Lot 8 shall be solely responsible for maintaining, repairing and replacing the carrier ditches on Lot 8. The costs incurred by the Association relative to irrigation water and the maintenance of the carrier ditch system shall be borne by the owners of all lots except Lot 8, in the ratio of their respective footages, as such ratio is set forth on Exhibit C hereof. The Association shall be solely responsible for the repair, maintenance, alteration, enlargement, replacement or EXHIBIT I HA improvement of the carrier ditch system. PROVIDED, HOWEVER, that the costs of purchasing, installing, operating, repairing and the like of any pumps, power sources,hoses, holding boxes, pipelines or related equipment to provide the distribution of irrigation water from the carrier ditch onto each lot shall be the sole responsibility of the owner of each such lot. The Association's Board of Directors or any agents appointed by it shall determine the schedule for the Association's calling upon its water supply and for the availability of irrigation water to each lot. The Association shall indemnify the Developer against and hold it harmless from any liability whatever for any personal injury or property damage claim relating to the condition of said irrigation system arising from any circumstance or incident occurring after the system is installed and ownership transferred to the Association. Lot owners shall retain the right to rent or purchase additional water(above that supplied by the Association) in their own name, and the Association shall cooperate with each such owner of additional water in scheduling the calls of water and in allowing such owners to use the carrier ditch system to receive such additional water. The Association's Board of Directors shall have the right to make reasonable rules and regulations from time to time regarding the use of water and of the irrigation system, which rules and regulations shall be binding upon the owners forthwith after notice to them of their adoption. The Association shall have the right to recover damages and/or reasonable penalties from lot owners who waste the supply of water or otherwise exceed their water allotment to the detriment of the Association and other owners within the Subdivision. The Association may refuse to allow water to be supplied to any lot owner who is six (6) months or more delinquent in the payment of assessments to the Association or who repeatedly and flagrantly wastes water. Each lot within the Subdivision shall be subject to the rights of the Developer and the Association to enter upon such lot, with such agents and equipment as may be necessary or desirable for the purposes of installing, maintaining, repairing, altering, enlarging, replacing, inspecting or improving such irrigation system. Any owner who installs any pump,power source,hose, holding box, pipeline or related equipment shall have no right whatever to affect adversely the flow of water and convenient use of the irrigation system for any other lot within the Subdivision. The provisions of this Section 3.35 may be enforced by any affected lot owner(s)and/or the Association. 4. Section 6.5 is amended as follows: 6.5 Common Facilities Maintenance and Operation. The maintenance and operation of the Common Facilities shall be the responsibility and the expense of the Association, and the costs therefor shall be a common expense of all the lot owners. PROVIDED, HOWEVER, that all expense incurred by the Association to own, operate, manage,maintain,repair and replace the water rights and the system of irrigation carrier ditches which serves all lots except Lot 8 shall be allocated among the owners of all lots except Lot 8 in the ratio of their respective square footages as set forth on Exhibit C hereof. Such expenses shall not be deemed common expenses. The foregoing formula for allocation of such expenses takes into account the disproportionate benefit received by owners of larger lots, as compared to smaller lots, from the water rights and irrigation ditches.Developer shall initially install the system of irrigation ditches; thereafter, the costs of maintaining, repairing and replacing such system shall be borne by the Association. The owners of Lot 8 shall not share in such expenses,and the Association shall not provide Lot 8 with any irrigation water nor shall it maintain, replace or repair irrigation ditches on Lot 8. The Association shall, however, cooperate with the owners of Lot 8 to coordinate the delivery of irrigation water to Lot 8, and the Association shall reasonably cooperate with the owners of Lot 8 to maintain the connection of Lot 8 to the balance of the irrigation ditch system. 5. Exhibit B is replaced with a new Exhibit B which is attached hereto and incorporated herein by reference. 6. Exhibit C is replaced with a new Exhibit C which is attached hereto and incorporated herein by reference. The undersigned,hereby certifies that the foregoing First Amendment to the Declaration of Covenants,Conditions and Restrictions for Shiloh Estates P.U.D. was approved by a vote of the required number of owners of lots and that he/she is authorized by the Shiloh Estates P.U.D.Community Association to record same. Dated this day of ,200 Name: Title: EXHIBIT B TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.U.D. This Exhibit relates to Section 3.11 of the Declaration. The indicated animal types shall have the equivalent"Animal Units" set forth below. Each lot may have no more than the allowed number of"Animal Units",as also set forth below. Type of Animal Unit(s) A. Dairy Cow 2.00 B. Bull, older than one year, but less than two years 1.00 C. Bull, less than one year old .50 D. Non-dairy cow,one year old or more 1.00 E. Non-dairy cow, less than one year old .50 F. Horse,one year or older 1.00 G. Horse, less than one year old .50 H. Individual sheep,older than one year 1.00 I. Individual lamb, less than one year old .50 J. Llama 1.00 K. Bison(limited to Lot 8) 1.00 L. Elk(limited to Lot 8) 1.00 Maximum Allowable Animal Units Per Lot Lot 1 = 3.0 Lot 2 = 3.5 Lot 3 = 2.5 Lot 4 = 2.0 Lot 5 = 2.0 Lot 6 = 2.0 Lot 7 = 17.0 Lot 8 = 17.0 Lot 9 = 4.5 Lot 10 = 3.5 Lot 11 = 3.5 Lot 12 = 3.5 Lot 13 = 3.5 Lot 14 = 3.5 Lot 1 -RL7* = 4.0 Lot 2 -RL7* = 4.0 Lot 3 -RL7* = 4.5 Lot 4 -RL7* = 4.0 *RL7=Resubdivision Lot 7 EXHIBIT C TO DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.U.D. All lots except 7 and 8 shall share in the Association's costs for irrigation water and the irrigation ditch system, in following percentage ratio: Lot 1 = 5.5 Lot 2 = 6.5 Lot 3 = 4.6 Lot 4 = 4.3 Lot 5 = 3.8 Lot 6 = 4.0 Lot 9 = 8.4 Lot 10 = 6.3 Lot 11 = 7.0 Lot 12 = 6.2 Lot 13 = 6.4 Lot 14 = 6.7 Lot 1 -RL7* = 6.1 Lot 2 -RL7* = 7.2 Lot 3 -RL7* = 8.2 Lot 4-RL7* = 7.8 *RL7=Resubdivision of Lot 7 AR239DW93 E 1443 REC 02390493 05/26/94 14:43 $145 .00 1/029 F 1706 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO DECLARATION OP COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.U.D. ARTICLE I - PRE.AMBLE. Declarant is the owner of that certain real property situate in Weld County, Colorado, described on Exhibit A hereof ( "the Property") . The Property has been platted as Shiloh Estates P.U.D. by a Plat ( "the Plat") recorded 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 all owners of such lots. The Property shall be a "planned community" under the Colorado Common Interest Ownership Act ( "the Act") . The maximum number of lots within the Property shall be fourteen (14) . The number and type of animals allowed on each lot within the Property shall be limited in accordance with the schedule set forth on Exhibit E hereof, as more fully set forth in Section 3 .11 �- of this Declaration. Developer shall install a system of carrier ditches such that all lots within the Property will have irrigation water available to them. Developer shall also transfer and assign one (1) share of stock in the Larimer-Weld Irrigation Company and one (1) share of stock in the Larimer-Weld Reservoir Company, to the Association. All lots within the Property except Lots 7 and 8 shall share in the costs incurred by the Association to pay the assessments for, and provide distribution of, irrigation water to all lots except Lots 7 and 8. The Association and the owners of Lots 7 and 8 shall cooperate with one another and shall reasonably coordinate their calls for irrigation water. The costs incurred by the Association relative to irrigation water shall be borne by the owners of all lots, except Lots 7 and 8, in the ratio of their respective square footages, as such ratio is set forth on Exhibit C hereof. 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, and easements which are set forth in this Declaration, all of which shall run with the Property and shall inure to the benefit of, and be binding upon, all parties having any right, title, or interest in the Property or any portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. 1 EXHIBIT B 1443 REC 02390493 05/26/94 14:43 $145.00 2/029 F 1707 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ARTICLE II - DEFINITIONS 2. 1 General. The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. 2.2 Association shall mean and refer to Shiloh Estates P.U.D. Community Association, a Colorado Non-Profit Corporation, established pursuant to Article VI of this Declaration. 2.3 Architectural Review Board shall mean and refer to the Architectural Review Board created pursuant to Article V of this Declaration. 2.4 Common Facilities shall refer to the trails, the carrier ditches, the horse arena and the adjacent common open space, the entrance area (including a lighted sign and landscaping) , the landscaping and fence along the southerly boundaries of Lots 1 and 2, and the private street within the Property, all located as shown on the Plat, for which legal descriptions are set forth on the Plat. Developer shall install a shed and outdoor arena with seating for approximately fifteen (15) persons within the horse arena common area. The owners of lots within the Property may use such area as a horse exercise area, calf roping area, and for other purposes, but shall not have any right to board or maintain horses or other animals on such area. Developer shall install a permanent sign for the Property, outdoor lighting, and landscaping within the entrance area. Developer shall initially grade and install the system of trails. Developer shall install landscaping and a fence within the easement area shown on the Plat, in the southerly portions of Lots 1 and 2. Developer shall install a system of carrier ditches and related works such that all lots within the Property will have irrigation water available to them. The Association shall maintain, repair, and replace the Common Facilities, after each such facility has been installed by the Developer. 2.5 Developer shall mean Shiloh, Inc. , a Colorado Corporation, its successors and assigns. 2.6 Detached Single Family Dwelling shall mean an independent structure designed and occupied as a residence for a single family. 2 B 1443 REC 02390493 05/26/94 14:43 $145.00 3/029 F 1708 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2.7 Lot shall mean a lot as platted and designed on the Plat, as the same may be amended from time to time; provided that, if any lot has been divided so that a portion of the lot is owned by a person in conjunction with all or a portion of an adjoining lot and the other portion of the lot is owned by another person separately or in conjunction with all or a part of the other adjoining lot, then the entire property so held under one ownership shall be the lot for the purpose of this Declaration. 2.8 Single Family shall mean a group of persons related by blood or marriage living together as a family unit. 2.9 Subdivision shall mean Shiloh Estates P.U.D. , a Planned Unit Development in Weld County, Colorado. 2.10 Other Terms. Other terms may be defined in specific provisions contained in this Declaration and shall have the meaning assigned by each such definition. ARTICLE III - USE AND OTHER RESTRICTIONS 3 .1 Land Use and Building Types. No lot shall be used except as the site of a detached single family dwelling. Said dwelling may include a private garage having doors accommodating not more than four cars or other vehicles, abreast of one another. All improvements on each lot shall meet the requirements of Article IV, "Architectural Standards" of this Declaration, including, but not limited to, the Guidelines and Rules set forth in Section 4.2 hereof. 3.2 Building Locations. No building, fence, barn, corral, paddock, or other permanent structure shall be located on any lot without first obtaining the written consent of the Architectural Review Board, approving the proposed location. 3.3 Easements. Easements for the installation and maintenance of utilities, trails, landscaping, and drainage facilities are reserved as shown on the Plat, or those that may be recorded at a later date. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage channels in the easements which hinders or obstructs the use of the trails system, on which adversely affects landscaping installed by the Developer. If any landscaping or structure is installed which violates such requirements, the Association may give the property owner written notice to remove such landscaping or structure within no less than fifteen (15) days after such notice is given, and if the owner fails to move the landscaping or structure within that time, the Association may have such work done at the expense of the owner of the lot. If the work is done by the Association at the owner's expense, the 3 B 1443 REC 02390493 05/26/94 14:43 $145 .00 4/029 F 1709 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO owner shall pay for such work within three (3) days after notice is given in writing to the owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. The easement area of each lot and all improvements on it shall be maintained continuously by the owner of the lot, except for those improvements or landscaping for which the Association, a public authority or utility company is responsible. 3.4 Maintenance of Vacant Lots. The owner of each lot shall plant and maintain grass on it; periodically mow such grass and other vegetation; and remove any trash or other debris. If an owner fails to maintain a vacant lot in accordance with such requirements, the Association shall have the right to plant and maintain grass on it; periodically mow such grass and other vegetation; and remove any trash or other debris. The Association shall establish and charge reasonable fees to the owners of such vacant lots, for such services. Such services shall not be deemed included within those contemplated by Section 6.8 of this Declaration, but shall instead be deemed a service charge from the Association made solely to the owners of each of such vacant lots . The owner shall be liable for reasonable attorneys' fees and costs incurred by the Association in collecting such service charge. 3.5 Maintenance of Landscaping. Within nine (9) months after issuance of a Certificate of Occupancy for a residence on each lot, the owner of such lot shall plant at least ten (10) trees. Five (5) of such trees must have trunks that are at least three inches (3" ) in diameter, when planted, and at least five (5) of such trees shall be evergreens. Commencing as to each lot when a certificate of occupancy has been issued for a residence on such lot, the landscaping on each lot shall be maintained by the owner, subject however, to the right of the Association to perform any maintenance deemed necessary or desirable to maintain the high standards established for the Subdivision, and to assess such owner for such required maintenance. If any owner fails to maintain landscaping on such owner's lot in accordance with such requirements, the Association may give the property owner written notice to perform necessary maintenance within no less than fifteen (15) days after such notice is given, and if the owner fails to perform such maintenance work within that time, the Association may have such work done at the expense of the owner of the lot. If the work is done by the Association at the owner's expense, the owner shall pay for such work within three (3) days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within said time and the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. 4 B 1443 REC 02390493 05/26/94 14:43 $145 .00 5/029 F 1710 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3.6 Maintenance of Exteriors of Residences and Other Buildings. The exteriors of all residences, barns, sheds, and other buildings within the Subdivision shall be maintained in good, attractive condition by the owners thereof. All residences shall be repainted or restained periodically as needed. The Association may require an owner to paint or stain his or her residence and other buildings, and upon such owner's failure to do so, the Association may cause such residence or other buildings to be painted or stained and to assess such owner for the costs incurred thereby. If any owner fails to maintain the exterior of a building on such owner's lot in accordance with the foregoing requirements, the Association may give the owner written notice to perform such work within no less than fifteen (15) days after such notice is given, and if the owner fails to perform such work within that time, the Association may have such work done at the expense of the owner. If the work is done by the Association at the owner's expense, the owner shall pay for such work within three (3) days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within that time and if the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. 3.7 Title to Common Facilities. The Developer may retain legal title to all or part of the Common Facilities until such time as, in the opinion of the Developer, the Association is able to maintain the same. However, the Developer shall convey the Common Facilities to the Association not later than thirty (30) days after the date when the Developer is fee simple owner of less than 25% of the land area within the Subdivision, exclusive of the Common Facilities and dedicated streets and easements. In this regard, the Developer shall deed the private street and the horse arena parcel to the Association. The other Common Facilities shall be located within the easement areas shown on the Plat, and the Association shall be deemed the grantee/beneficiary of such easement rights. 3.8 Extent of Members' Easements. The rights and easements of enjoyment of the Common Facilities shall be subject to the following: A. The right of the Association, as provided by its Articles or Bylaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid; and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and B. The right of the Association to dedicate or transfer all or any part of the Common Facilities to any public agency, authority, or utility for such purposes, and subject to such conditions, as it may agree to, provided that no such dedication or transfer, determination as to the 5 B 1443 REC 02390493 05/26/94 14:43 $145.00 6/029 F 1711 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO purposes or as to the conditions thereof, shall be effective unless an instrument signed by the members entitled to cast two-thirds (2/3ds) of the votes has been filed with the Association, agreeing to such dedication, transfer, purpose or condition, and unless written notice of a proposed agreement and action thereunder is sent to every member at least ninety (90) days in advance of any action; and C. The right of the Association to limit the number of guests of members and the circumstances under which guests may use the Common Facilities. 3.9 Nuisances. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 3.10 Temporary Structures. No structure of a temporary character, trailer, basement, tent, storage shed or shelter, garage, barn or other outbuilding shall be permitted on any lot at any time, either temporarily or permanently, except by the Developer during the process of construction, or as approved by the Architectural Review Board. 3.11 Animals. Except as set forth below in this Section 3. 11, no animals, livestock, birds, or poultry of any kind shall be raised, bred or kept on any lot, except that three (3) dogs and three (3) cats and other indoor, household pets may be kept if they are not kept, bred, or maintained for any commercial purpose. The Association shall promulgate rules and regulations concerning animals. No animals shall be allowed to remain tied or chained upon the Common Facilities, and any animal so tied or chained may be removed by the Association or its agents. Pets may be walked on the Common Facilities only when attached by a leash to an owner's hand and when the owner carries a device for the immediate removal of its pet's feces. Any pet constituting a nuisance may be ordered by the Association to be kept within the enclosed portion of its owner's lot, or ordered expelled from the Subdivision. Each owner shall be responsible for any damage caused by his or her animals. Aside from dogs, cats, and indoor, household pets, the number of animals allowed on each lot shall be subject to the schedule set forth on Exhibit B hereof. That is, no combination of animals exceeding 3.0 "animal units" as set forth in the table which appears in said Exhibit B shall be allowed on Lot 1, and so on. No fowl, swine, bison, reptile, or elk may be kept on any lot within the Subdivision, except Lots 7. and 8. Owners shall not allow overgrazing of any pasture area on any lot. A pasture area shall not be deemed overgrazed if the vegetation on it averages two inches (2") in height. If a pasture is overgrazed, the Association may require the owner of such pasture to replant it and thereafter control the access to the 6 B 1443 REC 02390493 05/26/94 14:43 $145.00 7/029 F 1712 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO pasture by such owner's livestock to prevent overgrazing. If an owner fails or neglects to cure an overgrazing problem, the Association shall have the authority to terminate such owner's right to keep livestock on the lot. Each owner who keeps livestock on a lot shall maintain a holding corral for the animals listed on Exhibit B hereof (except fowl) . 3.12 Trails. Individuals may walk, jog, or run on the trails and may be accompanied by no more than two dogs per individual, so long as each dog is restrained by a leash attached to the owner's hand and the owner carries a device for the immediate removal of the pet's feces. Bicycles may be operated on the trails. No other vehicle of any kind, whether or not powered by an engine of any nature, shall be allowed on any trail at any time; this prohibition shall include, but shall not be limited to, motorcycles, automobiles, and so on. Such prohibition shall not apply to motorized vehicles used in the maintenance of the trails, ditches, and other Common Facilities. No lot owner shall obstruct any such trail. 3.13 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs site lines at elevations between 2 and 6 feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line within the edge of a driveway pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight line. 3.14 Recreational vehicles. No trailer, motor home, camper unit, boat or similar recreational vehicle shall be parked on streets, driveways, lots, or be allowed to remain anywhere within the Subdivision, except when sheltered within a garage, except for a 48 hour period during loading and unloading. 3.15 Aerials-Antennas. No television antenna, radio antenna, aerial or similar equipment of any design shall be mounted on the exterior of any building or erected on any other portion of any lot. No activity shall be conducted on any lot which interferes with television or radio reception on any other lot. 3.16 Satellite Dishes. Satellite dishes may be installed and maintained if screened from the view of other owners and occupiers of lots. The location and screening method for each satellite dish must be approved in advance by the Architectural Review Board. 3.17 Fencing. No fence shall be erected on any lot within the Subdivision except as approved in advance by the Architectural Review Board. 7 B 1443 REC 02390493 05/26/94 14: 43 $145.00 8/029 F 1713 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO For perimeter fences that border on a street, the fence shall be "Fantaboard" three (3) rails, white vinyl. No barbed wire fence shall be allowed anywhere within the Subdivision. No privacy fence (higher than six feet in height) shall be allowed within an area defined by extending the front building line of the residence, to each side boundary of the lot, then forward to the front boundary of the lot. Perimeter fences shall be of a type approved in advance by the Architectural Review Board from time to time and shall be painted a color approved in advance by the Architectural Review Board from time to time. Privacy and other fences shall not exceed six feet in height and shall be of a solid fence design (different from that of perimeter fences) approved from time to time by the Architectural Review Board. 3.18 Wind or Solar-Powered Generators. No wind-powered or solar-powered generator or pump may be installed on any lot, unless its location and design is approved in advance by the Architectural Review Board. 3.19 Unsightly Uses. All lots shall at all times be maintained in a clean and sanitary condition, and no litter or debris shall be deposited or allowed to accumulate on any lot. All landscaping, including grass, shall be irrigated, trimmed and maintained in good condition at all times. Refuse piles and other unsightly objects or materials shall not be allowed to be placed or to remain upon any lot. Trash containers shall be placed on the curb and returned from the curb only on pickup days. Nothing unsightly shall be hung from windows, railings, or fences. No clothesline or other device for hanging clothes in the open air shall be allowed on any lot. 3.20 Trash Removal. All residents within the Subdivision shall have their trash picked up by the same trash-hauling company, on the same day of the week. At each annual meeting of the Association, the Association shall pick the trash-hauling company and the day of the week for the upcoming year. Nothing in this Section 3.20 shall prohibit a resident within the Subdivision from hauling trash or debris for himself or herself. Each resident within the Subdivision shall be separately liable for the trash-hauling charges attributable to his or her lot. 3.22 Home Occupations. The conduct of a home occupation within a residence in Shiloh Estates P.U.D. shall be considered accessory to the residential use and not a violation of these Covenants provided that the following requirements are met: 8 B 1443 REC 02390493 05/26/94 14:43 $145.00 9/029 F 1714 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3.22.1 Such home occupation shall be conducted only within the interior of the dwelling and shall not occupy more than twenty-five percent (25%) of the floor area within the dwelling. 3.22.2 The home occupation shall be conducted only by the residents of the dwelling, and no nonresidents shall be employed in conjunction with the home occupation carried on in the dwelling. 3.22.3 No retail sales shall be conducted on the lot. 3.22.4 The conduct of such home occupation must be of a type permitted under the zoning ordinances or regulations of Weld County. 3.22 .5 No evidence of a home occupation shall be visible from outside the dwelling unit. 3.22.6 The use by Developer of Developer's home within the Subdivision as a showhome, whether in connection with Developer's development activities within the Subdivision, or elsewhere, shall not be deemed a home occupation hereunder and shall be allowed. 3.23 Disabled Vehicles. Disabled automobiles shall not be stored on streets, driveways, or lots within the Subdivision. No person shall repair or rebuild any vehicle within the Subdivision, except within a garage. Cars allowed on the streets and driveways in the Subdivision must at all times be operable, currently licensed, and maintain a current inspection sticker (if such inspection is required by a governmental entity) . 3.24 Restrictions on Leasing of Residences. An owner may lease his residence subject only to the following restrictions: A. No lot owner may lease less than the entire residence. B. Any lease agreement shall be required to provide that the terms of this lease shall be subject in all respects to the provisions of this Declaration, and the Bylaws of the Association, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. C. All leases shall be in writing and for a term not less than thirty (30) days. 3.25 Trees and Ground Cover. No living tree, shrub or bush may be removed except pursuant to a landscaping plan approved by the Architectural Review Board or otherwise with the approval of said Architectural Review Board. Said prohibition extends to 9 B 1443 REC 02390493 05/26/94 14:43 $145.00 10/029 F 1715 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO naturally existing trees, shrubs and bushes and to trees, shrubs and bushes planted by owners. No grading or other soil or earthwork shall be performed on a lot until plans for placing improvements on such lot have been properly approved by the Architectural Review Board, and then only to the extent contemplated by such approved plan. After completion of each set of improvements on a lot, the ground shall be restored, as nearly as possible, to its original contours and appearance. Contour changes of more than one foot from existing grades shall require the approval of the Architectural Review Board. The natural groundcover of a lot shall not be disturbed unless approved by the Architectural Review Board. 3.26 Hazardous Materials. Storage, use or disposal of hazardous or radioactive materials within the Property is prohibited, unless specifically approved in advance by the Architectural Review Board. 3.27 Solar Devices. The utilization of passive or active solar energy devices is encouraged. However, all solar devices must either be architecturally and aesthetically integrated into the structure they serve or be screened from the view of the street and adjacent lots and streets. All solar devices, and their placement, must be approved by the Architectural Review Board. 3.28 Commencing and Finishing Construction. Construction of a residence must commence on each lot within two (2) years after the closing of the purchase of such lot from Developer. Once construction of any structure is commenced on any lot, with the prior approval of the Architectural Review Board, such structure must be diligently continued and completed in accordance with the plans and specifications approved by the Architectural Review Board, within six months of commencement, or such longer time as the Architectural Review Board has reasonably consented to, in light of the nature of the project or other .factors. Commencement of construction shall be deemed to commence with the first substantial construction activity (including earth work) . 3.29 Rebuilding. Any structure which is destroyed in whole or in part by fire, windstorm or from any other cause or act of God must be rebuilt, or all debris must be removed and the lot restored to a sightly condition, within six months of the time the damage occurs. 3.30 Bo Trucks or the Like. No trucks; trail bikes; recreational vehicles; snowmobiles; campers; trailers; boats; boat trailers; vehicles other than passenger vehicles or pickup or utility trucks with a capacity of one ton or less; shall be parked, stored or otherwise kept on any lot or street within the Property, unless kept in a closed garage. No skiwobile, snowmobile, or other recreational vehicle powered by an internal combustion engine may be operated within the Property except for 10 B 1443 REC 02390493 05/26/94 14:43 $145.00 11/029 F 1716 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO purposes of ingress and egress. The foregoing restrictions shall not be deemed to prohibit commercial and construction vehicles from making deliveries or otherwise providing services to the lots, in the ordinary course of their business. 3.31 Outside Lighting. No exterior lighting shall be installed or maintained on any lot except as approved by the Architectural Review Board. 3.32 No Subdivision. No lot shall be subdivided or utilized for more than one detached single family dwelling (with associated outbuildings and structures) without the prior approval of the Architectural Review Board. Boundary adjustments between neighboring lots shall be allowed, subject to the reasonable approval of the Architectural Review Board so long as the total number of lots within the Subdivision is not thereby increased. 3.33 Sales Offices, Management Offices, and Models. Develop- er reserves the right to maintain sales offices, management offices, and models in the Subdivision. Developer shall promptly remove every such sales or management office from the Subdivision, at such time as Developer ceases to own any lots in the Subdivision. Developer and residential builders to whom Developer has sold lots may construct and maintain model residences within the Subdivision. Such model residences shall not exceed five at any point in time, and no such model residence shall exceed 10,000 square feet in finished space. Such sales offices, management offices, and model residences may be located on any lot or lots within the Subdivision, and their location may be changed from time to time to other lots within the Subdivision. Developer may maintain advertising signs on the Common Facilities within the Subdivision, subject to state laws and local ordinances. 3.34 Entranceways. The owner of each lot shall install a concrete or asphalt driveway at the entrance to such owner's lot. Such entranceway shall include a culvert at least eighteen inches (18") in diameter. 3.35 Ditches. Developer shall install a system of carrier ditches such that all lots within the Property will have irrigation water available to them. All lots within the Property except Lots 7 and 8 shall share in the costs incurred by the Association to pay the assessments for, and provide distribution of, irrigation water to all lots except Lots 7 and 8. The owners of Lots 7 and 8 shall be separately responsible for obtaining irrigation water for their lots, and the Association shall have no responsibility therefor. The Association and the owners of Lots 7 and 8 shall reasonably coordinate their calls for irrigation water. The owners of Lots 7 and 8 shall be solely responsible for maintaining, repairing, and replacing the carrier ditches on their respective lots, and the Association shall have no liability therefor. The costs incurred by the Association relative to irrigation water and the maintenance of the carrier ditch system 11 B 1443 REC 02390493 05/26/94 14:43 $145. 00 12/029 F 1717 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO shall be borne by the owners of all lots, except Lots 7 and 8, in the ratio of their respective footages, as such ratio is set forth on Exhibit C hereof. The Association shall be solely responsible for the repair, maintenance, alteration, enlargement, replacement, or improvement of the carrier ditch system. PROVIDED, HOWEVER, that the costs of purchasing, installing, operating, repairing, and the like of any pumps, power sources, hoses, holding boxes, pipelines, or related equipment to provide the distribution of irrigation water from the carrier ditch onto each lot shall be the sole responsibility of the owner of each such lot. The Association's Board of Directors or any agents appointed by it shall determine the schedule for the Association's calling upon its water supply, and for the availability of irrigation water to each lot. The Association shall indemnify the Developer against, and hold it harmless from, any liability whatever for any personal injury or property damage claim relating to the condition of said irrigation system, arising from any circumstance or incident occurring after the system is installed and ownership transferred to the Association. Lot owners shall retain the right to rent or purchase additional water (above that supplied by the Association) , in their own name, and the Association shall cooperate with each such owner of additional water in scheduling the calls of water and in allowing such owners to use the carrier ditch system to receive such additional water. The Association's Board of Directors shall have the right to make reasonable rules and regulations from time to time regarding the use of water and of the irrigation system, which rules and regulation shall be binding upon the owners forthwith after notice to them of their adoption. The Association shall have the right to recover damages and/or reasonable penalties from lot owners who waste the supply of water or otherwise exceed their water allotment, to the detriment of the Association and other owners within the Subdivision. The Association may refuse to allow water to be supplied to any lot owner who is six (6) months or more delinquent in the payment of assessments to the Association, or who repeatedly and flagrantly wastes water. Each lot within the Subdivision shall be subject to the rights of the Developer and the Association to enter upon such lot, with such agents and equipment as may be necessary or desirable for the purposes of installing, maintaining, repairing, altering, enlarging, replacing, inspecting, or improving such irrigation system. Any owner who installs any pump, power source, hose, holding box, pipeline, or related equipment shall have no right whatever to affect adversely the flow of water and convenient use of the irrigation system for any other lot within the Subdivision. The provisions of this Section 3.35 may be enforced by any affected lot owner(s) and/or the Association. ARTICLE IV - ARCHITECTURAL STANDARDS 4.1 Restrictions. No building, barn, corral, shed, storage structure, awning, fence or any other structure shall be erected, placed or altered on any lot, nor shall there be any external 12 B 1443 REC 02390493 05/26/94 14:43 $145.00 13/029 F 1718 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO modifications to any such structure, until the plans and landscaping specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in advance by the Architectural Review Board in writing. No landscaping shall be installed on any lot, or altered thereafter, unless a landscaping plan showing the nature, type, height, and location of the proposed landscaping improvements has been submitted to and approved in advance by the Architectural Review Board, in writing. Without limiting the generality of the foregoing, prior approval of the Architectural Review Board must be obtained for any of the following: (i) attachments to the exterior of a structure, (ii) installation of greenhouses, (iii) installation of patio covers, landscaping, screening, trellises and the like, (iv) change in exterior paint colors, (v) installation of any barn, corral, shed, or storage building and (vi) any other exterior change, including cosmetic changes such as garage doors, shutters and the like. The authority of the Architectural Review Board shall extend to the quality, workmanship and materials for any structure proposed; conformity and harmony of exterior design and finish with existing structures within the Subdivision; location of all structures with respect to the existing buildings, topography and finished ground elevation; and all other matters required to assure that such structures enhance the quality of the Subdivision and are erected in accordance with the plan for the Subdivision. No metal buildings shall be permitted unless the Architectural Review Board approves. 4.2 Guidelines and Rules. The Architectural Review Board shall adopt Guidelines and Rules governing the type of structures to be permitted in the Subdivision, permitted construction materials and the like. These Guidelines and Rules are made for the purpose of creating and keeping the Subdivision, so far as possible, desirable, attractive, beneficial, uniform, and suitable in architectural design, materials, and appearance; limiting the use of lots to single family residential buildings; guarding against unnecessary interference with the natural beauty of the Subdivision; and prohibiting improper uses of adjoining properties in the Subdivision, all for the mutual benefits and protection of all owners. 4.3 Size. The dwelling space of the home, exclusive of the garage, shall contain a minimum of 2,500 square feet of finished living space. No building shall exceed 40 feet in height, and no building shall exceed two stories and loft as viewed from the street side. One lower level is allowed and may be exposed to daylight provided it does not face the street. Earth sheltered homes shall not be permitted. All dwellings must be constructed on site. 4.4 Garages and Parking. Each residence shall include an attached garage having space for not less than two automobiles. An additional garage may be constructed if approved by the Architectural Review Board. Each lot must have provision for off- 13 B 1443 REC 02390493 05/26/94 14:43 $145.00 14/029 F 1719 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO street parking for at least two automobiles, exclusive of garage space, and said off-street parking shall be provided in such a manner as to not block or impair garage access to and from the street. 4.5 Materials and Workmanship. All improvements shall be constructed of good and suitable materials, and all workmanship shall result in first class construction and shall be accomplished in a good and workmanlike manner. All dwellings shall include cedar shake, tile, copper or other decorative roof, which shall be subject to the approval of the Architectural Review Board. 4.6 Accessory Buildings. Barns, as well as small sheds for storage of lawn furniture, yard equipment, gardening equipment, and similar type items, which are well constructed and neat of appearance, shall be permitted, providing the size, design, and location of said structure shall be subject to prior approval by the Architectural Control Committee. 4.7 Setbacks. Each single family detached dwelling shall be located no closer than 60 feet to the front of the lot; 60 feet to the back of the lot, and 30 feet to the boundary of the nearest adjacent lot. ARTICLE V - ARCHITECTURAL REVIEW BOARD 5 .1 Establishment and Membership of Architectural Review Board. An Architectural Review Board has been established by Developer. The Architectural Review Board shall continue until such time as the Association may be dissolved. The Architectural Review Board shall initially consist of three (3) members, being James H. Scott, Jr. , Cheri Scott, and W.V. Maddux. Until all lots within the Subdivision have been sold by the Developer, or December 31, 2002, whichever date occurs first, the Developer shall appoint the Architectural Review Board, including replacement members for any person who retires, resigns, or otherwise becomes unavailable for service as a member or alternate member of the Architectural Review Board. The Association shall name the members of the Architectural Review Board, once the Developer's exclusive right to do so ceases. Members of the Architectural Review Board appointed by Developer may be removed at any time by Developer and shall serve until they resign or are removed by Developer. Members of the Architectural Review Board appointed by the Association may be removed at any time by the Association, and shall serve for such term as may be designated by the Association or until they resign or are removed by the Association. 5.2 Professional Builder. The owner of each lot shall retain a qualified, professional contractor to construct the residence and all significant improvements on such owner's lot. 14 B 1443 REC 02390493 05/26/94 14:43 $145.00 15/029 F 1720 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 5.3 Address of Architectural Review Board. The address of the Architectural Review Board shall be at the principal office of the Association. 5.4 Submission of Plans. Prior to commencement of work to accomplish any proposed improvement to property, the person proposing to make such improvement to property ( "Applicant" ) shall submit to the Architectural Review Board at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, landscaping plans, construction plans, specifications and samples of materials and colors as the Architectural Review Board shall reasonably request showing the nature, kind, shape, height, width, color, materials, and location of the proposed improvement to property. The Applicant shall be entitled to receive a receipt for the same from the Architectural Review Board or its authorized agent. The Architectural Review Board may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed improvement to property. Until receipt by the Architectural Review Board of all required materials in connection with the proposed improvement to property, the Architectural Review Board may postpone review of any materials submitted for approval. 5.5 Criteria for Approval. The Architectural Review Board shall approve any proposed improvement to property only if it deems in its reasonable discretion that the improvement to property in the location indicated will not be detrimental to the appearance of the surrounding areas of the development as a whole; that the appearance of the proposed improvement to property will be in harmony with the surrounding areas of the development area; that the improvement to property will not detract from the beauty, wholesomeness and attractiveness of the development area or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed improvement to property will not become a burden on the Community Association. The Architectural Review Board may condition its approval of any proposed improvement to property upon the making of such changes therein as the Architectural Review Board may deem appropriate. 5.6 Architectural Review Board Guidelines or Rules. The Architectural Review Board shall issue guidelines or rules relating to the procedures, materials to be submitted and additional factors which will be taken into consideration in connection with the approval of any proposed improvement to property. 5.7 Architectural Review Fees. The Architectural Review Board may, in its guidelines or rules, provide for payment of fees to accompany each request for approval of any proposed improvement to property. The Architectural Review Board may provide that the amount of such fees shall be uniform for similar types of any proposed improvement to property, or the fees may be determined in any other reasonable manner, such as based upon the reasonable cost of the proposed improvement to property. 15 B 1443 AEC 02390493 05/26/94 14:43 $145 .00 16/029 F 1721 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 5.8 Decision of Architectural Review Board. The decision of the Architectural Review Board shall be made within thirty (30) days after receipt by the Architectural Review Board of all materials required by the Architectural Review Board. The decision shall be in writing and, if the decision is not to approve a proposed improvement to property, the reason therefor shall be stated. The decision of the Architectural Review Board shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Architectural Review Board. 5.9 Failure of Architectural Review Board to Act on Plans. Any request for approval of a proposed improvement to property shall be deemed approved as proposed, unless disapproval or a request for additional information or materials is transmitted to the applicant by the Architectural Review Board within thirty (30) days after the date of receipt by the Architectural Review Board of all required materials. 5. 10 Notice of Completion. Promptly upon completion of the improvement to property, the applicant shall give written notice of completion to the Architectural Review Board and, for all purposes hereunder, the date of receipt of such notice of completion by the Architectural Review Board shall be deemed to be the date of completion of such improvement to property. 5.11 Inspection of Work. The Architectural Review Board or its duly authorized representative shall have the right to inspect any improvement to property prior to or after completion, provided that the right of inspection shall terminate thirty (30) days after the Architectural Review Board shall have received a notice of completion from the applicant. 5.12 Notice of Noncompliance. If, as a result of inspections or otherwise, the Architectural Review Board finds that any improvement to property has been done without obtaining the approval of the Architectural Review Board or was not done in substantial compliance with the description and materials furnished by the Applicant to the Architectural Review Board or was not completed within one year after the date of approval by the Architectural Review Board, the Architectural Review Board shall notify the applicant in writing of the noncompliance which notice shall be given, in any event, within thirty (30) days after the Architectural Review Board receives a notice of completion from the applicant. The notice shall specify the particulars of the noncompliance and shall require the applicant to take such action as may be necessary to remedy the noncompliance. 5.13 Failure of Architectural Review Board to Act After Completion. If, for any reason other than the applicant's act or neglect, the Architectural Review Board fails to notify the applicant of any noncompliance within thirty (30) days after receipt by the Architectural Review Board of written notice of 16 B 1443 REC 02390493 05/26/94 14:43 $145 .00 17/029 F 1722 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO completion from the applicant, the improvement to property shall be deemed in compliance if the improvement to property was, in fact, completed as of the date of notice of completion. 5. 14 Correction of Noncompliance. If the Architectural Review Board determines that a noncompliance exists, the applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of receipt by the applicant of the ruling of the Architectural Review Board. If the applicant does not comply with the Architectural Review Board's ruling within such period, the matter may be referred to the Association, and the Association may, in its discretion, record a notice of noncompliance against the real property on which the noncompliance exists, may institute judicial proceedings to allow it to remove the noncomplying improvement, or may otherwise remedy the noncompliance, and the applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the applicant or owner to the Association, the Association may levy a reimbursement assessment against the owner for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity, or under this Declaration. 5.15 No Implied Waiver or Estoppel. No action or failure to act by the Architectural Review Board or by the Association shall constitute a waiver or estoppel with respect to future action by the Architectural Review Board or the Association with respect to any improvement to property. Specifically, the approval by the Architectural Review Board of any improvement to property shall not constitute approval of, or obligate the Architectural Review Board to approve, any similar proposals, plans, specifications or other materials submitted with respect to any other proposed improvement. 5. 16 Architectural Review Board Power to Grant Variances. The Architectural Review Board may authorize variances from compliance with any of the provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Review Board. If any such variance is granted, no violation of the provisions of this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration or any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way 17 B 1443 REC 02390493 05/26/94 14:43 $145 .00 18/029 F 1723 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO the owner's obligation to comply with all governmental laws and regulations affecting the Property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 5.17 Compensation of Members. Members of the Architectural Review Board shall receive no compensation for services rendered, except for its professional members, who shall be reasonably compensated for their services. All members shall receive reimbursement of out of pocket, expenses incurred by them in the performance of their duties hereunder. 5.18 Meetings of Architectural' Review Board. The Architectural Review Board shall meet from time to time as necessary to perform its duties hereunder. The Architectural Review Board may, from time to time, by resolution in writing adopted by a majority of the members, designate a Architectural Review Board Representative (who may, but need not, be one of its members) to take any action or perform any duties for or on behalf of the Architectural Review Board, except the granting of approval to any improvement to property and granting of variances. The action of such Architectural Review Board Representative within the authority of such Architectural Review Board Representative or the written consent or the vote of a majority of the members of the Architectural Review Board shall constitute action of the Architectural Review Board. 5.19 Records of Actions. The Architectural Review Board shall report in writing to the Association's Board of Directors all final actions of the Architectural Review Board and the Architectural Review Board shall keep a permanent record of such reported actions. 5.20 Estoppel Certificates. The Association shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Architectural Review Board, furnish a certificate with respect to the approval or disapproval of any improvement to property or with respect to whether any improvement to property was made in compliance herewith. Any person without actual notice to the contrary shall be entitled to rely on said certificate with respect to all matters set forth therein. 5.21 Nonliability for Architectural Review Board Action. None of the Architectural Review Board, any member of the Architectural Review Board, any Architectural Review Board Representative, the Association, any member of the Association's Board of Directors or Developer shall be liable for any loss, damage or injury arising out of or in any way connected with the performance of the duties of the Architectural Review Board unless due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter, the Architectural Review Board shall not be responsible for reviewing, nor shall its approval of, an improvement to property be deemed approval of the 16 B 1443 REC 02390493 05/26/94 14:43 $145.00 19/029 F 1724 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO improvement to property from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations. ARTICLE VI - THE ASSOCIATION 6.1 Articles of Incorporation and Bylaws. The interests of all lot owners shall be governed and administered by the Articles of Incorporation and Bylaws of the Shiloh Estates P.U.D. Community Association and by this Declaration. In the event of a conflict between the provisions of this Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of this Declaration shall be controlling. 6.2 Membership. Each owner of a lot, upon becoming an owner, shall be a member of the Association and shall remain a member for the period of his ownership. 6. 3 Examination of Books by First Mortgagee. The holder of any recorded first mortgage or deed of trust on a •lot in the Subdivision will, upon request, be entitled to: (a) inspect the books and records of the Association during normal business hours; and (b) receive an annual financial statement of the Association within ninety (90) days following the end of each fiscal year of the Association; and (c) written notice of all meetings of the Association and shall be permitted to designate a representative to attend all such meetings. 6.4 Powers. The Association shall be granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate the Common Facilities and to perform all of the duties required of it. Notwithstanding the above, unless at least seventy-five percent (75%) of the first mortgagees of lots (based upon one vote for each first mortgage owned or held) have given their prior, written approval, the Association shall not be empowered or entitled to: (a) by act or omission, seek to abandon or terminate the Declaration. (b) by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Facilities. (c) use hazard insurance proceeds for loss to the Common Facilities improvements for other than repair, replacement or reconstruction of such improvements. 19 B 1443 REC 02390493 05/26/94 14:43 $145.00 20/029 F 1725 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 6.5 Common Facilities Maintenance and Operation. The maintenance and operation of the Common Facilities shall be the responsibility and the expense of the Association, and the costs therefor shall be a common expense of all the lot owners. PROVIDED, HOWEVER, that all expenses incurred by the Association to own, operate, manage, maintain, repair, and replace the water rights and the system of irrigation carrier ditches which serves all lots except Lots 7 and 8 shall be allocated among the owners of all lots except Lots 7 and 8, in the ratio of their respective square footages, as set forth on Exhibit C hereof. Such expenses shall not be deemed common expenses. The foregoing formula for allocation of such expenses takes into account the disproportionate benefit received by owners of larger lots, as compared to smaller lots, from the water rights and irrigation ditches. Developer shall initially install the system of irrigation ditches; thereafter, the costs of maintaining, repairing, and replacing such system shall be borne by the Association. The owners of Lots 7 and 8 shall not share in such expenses, and the Association shall not provide Lots 7 and 8 with any irrigation water nor shall it maintain, replace or repair irrigation ditches on Lots 7 and 8. The Association shall, however, cooperate with the owners of Lots 7 and 8 to coordinate the delivery of irrigation water to Lots 7 and 8, and the Association shall reasonably cooperate with the owners of Lots 7 and 8 to maintain the connection of Lots 7 and 8 to the balance of the irrigation ditch system. 6 .6 Common Facilities Additions, Alterations, or Improvements - Limitations. There shall be no additions, alterations, or improvements of or to the Common Facilities by the Association requiring an assessment in excess of One Hundred Dollars ($100) per lot in any one calendar year without the prior, written approval of a majority of the members of the Association voting in accordance with the quorum and voting provisions of the Bylaws of the Association, at a special or regular meeting of the Association members. Such expenditure(s) shall be a common expense. PROVIDED, HOWEVER, that expenditures relative to the irrigation system shall not be included in determining such limitation on assessments. 6.7 Formula for Determining Assessments. Declarant shall pay all common expenses through December 31, 1994. Commencing for calendar year 1995 and subsequent years, assessments shall be made no less frequently than annually and shall be based upon a budget adopted no less frequently than annually by the Association. Except for expenses relating to the irrigation system, which shall be allocated as set forth in Section 6.5, above, the assessments shall be apportioned equally among all lots within the Subdivision. The owners of each lot on which a Certificate of Occupancy has been issued for a residence by October 1 of such preceding year shall pay assessments that are double the assessments for lots on which no such completed residence exists 20 B 1443 REC 02390493 05/25/94 14:43 $145. 00 21/029 F 1726 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO as of said date. If an annual assessment is not made as required, an assessment shall be presumed to have been made in the amount of the last prior assessment. 6.8 Based Upon Budget. Assessments shall be based upon the budget which shall be established by the Board of Directors at least annually, which budget shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the lot owners to provide for the payment of all expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the Common Facilities, which sum may include, but not be limited to, expenses of management; taxes and special assessments unless separately assessed; premiums for insurance, landscaping and care of grounds; common lighting and heating; repairs and renovations; wages; common water and sewer charges; legal and accounting fees; management fees; expenses and liabilities incurred by the Association or any of its agents or employees on behalf of the lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for any deficit remaining from a previous period; for the creation of reasonable contingency reserve, working capital and sinking funds as well as other costs and expenses relating to the Common Facilities; and for maintaining a reserve fund for replacement of Common Facilities, which shall be funded by regular monthly payments rather than special assessments. The Association shall comply with the requirements of Section 38-33.3-303(4) of the Colorado Common Interest Ownership Act, relative to the proposal and adoption of such budget. 6.9 Assessments For Other charges. The Association shall have the right to charge lot owners for special services provided by the Association to such owner including, but not limited to, those matters set forth in Sections 3.4, 3.5, and 3.6 of this Declaration. That is, such services shall be deemed to have been provided for the exclusive benefit of such lot owners under Section 38-33.3-315(3) (b) of the Act. The Association shall also have the right to charge a lot owner for any common expense caused by the misconduct of such lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charges or charges due to misconduct that are not paid when due; said lien shall include court costs and reasonable attorneys' fees incurred by the Association in collecting said charges. 6.10 No Other Common Facility Liens. No additional liens, other than mechanics liens, assessment liens or tax liens, may be obtained against the Common Facilities, and no other assessments, debts or other obligations are assumed by lot owners, other than as set forth herein. 21 n � ' B 1443 REC 02390493 05/26/94 14:43 $145 . 00 22/029 F 1727 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 6.11 Assessments. The amount of the common expenses and special service and misconduct charges assessed against each lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment of any of the Common Facilities or by abandonment of his lot. An owner's loss of a lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and changes accrued prior to the date hereof. The Association shall have the authority to take prompt action to collect any unpaid assessment or special service charge which remains unpaid for more than thirty (30) days from the due date for payment thereof. In the event of default in the payment of a special service charge or assessment, the lot owner shall be obligated to pay interest at the rate of eighteen percent (18%) per annum on the amount of the assessment from due date thereof, together with all expenses, including attorneys' fees, incurred together with such late charges as are provided by the Bylaws or Rules of the Association. Suit to recover a money judgment for unpaid special service charges or assessments shall be maintainable without foreclosing the lien described in Section 6.13 below and such suit shall not be or construed to be a waiver of lien. 6.12 Notice of Lien. All sums assessed but unpaid for the share of common expenses chargeable to any lot and all sums for special services provided by the Association and charges due to misconduct that are not paid when due shall constitute the basis for a lien on such lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the lot in favor of any governmental assessing entity, and all sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrances. To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of the accrued interest and late charges thereon, the name of the owner of the lot and a description of the lot. Such notice of lien shall be signed by one of the officers of the Association on behalf of the Association and shall be recorded in the office of the County Clerk and Recorder of Weld County, Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums, with interest and other charges thereon, shall have been paid in full. 6.13 Enforcement of Lien. Such lien may be enforced by the foreclosure of the defaulting owner's lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay the costs, expenses and attorneys' fees incurred for filing the lien, and in the event of foreclosure proceedings, all additional costs, all expenses and reasonably attorneys' fees incurred. The owner of the lot being foreclosed 22 B 1443 REC 02390493 05/26/94 14:43 $145 .00 23/029 F 1728 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO shall be required to pay to the Association any assessment or special service charge whose payment becomes due for the lot during the period of foreclosure, and the Association shall be entitled to a receiver during foreclosure. The Association shall have the power to bid on the lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same upon acquiring title to such lot. 6 . 14 Report of Default. The Association, upon request, shall report in writing to a first mortgagee of a lot any default in the performance by any lot mortgagor of any obligation under the Declaration which is not cured within sixty (60) days. 6.15 Release of Lien. The recorded lien may be released by recording a Release of Lien signed by an officer of the Association on behalf of the Association. 6.16 Lien Subordinate to First Mortgage - T.imitations. The lien for special service charges and assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust now hereafter placed upon the lot subject to assessment; PROVIDED, HOWEVER, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall cause such lot and grantee thereunder to be relieved of liability for such prior assessments but shall not relieve such lot or grantee from liability from any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. 6 .17 First Mortgage Foreclosure. Notwithstanding any of the terms or provisions of this Declaration, in the event of any default on the part of an owner under any first mortgage or first deed of trust which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including the delivery of a deed in lieu to such first mortgagee, shall be made free and clear of all then due and owing assessments. No first mortgagee shall be liable for any unpaid common expense assessments accruing prior to the time such mortgagee receives a deed to a lot. 6.18 Joint Liability Upon Transfer. Upon payment to the Association of a reasonable fee not to exceed Twenty-Five Dollars ($25) , and upon the written request of any owner or any mortgagee or prospective owner of a lot, the Association shall issue a written statement setting forth the amount of the unpaid common expenses, if any, with respect to the subject lot, the amount of the current monthly assessment and the date that such assessments becomes due, credit for any advanced payments of common assessments, for prepaid items, such as prepaid items, such as insurance premiums, but not including accumulated amounts for reserves or sinking funds, if any, which statements shall be 23 B 1443 REC 02390493 05/26/94 14:43 $145 .00 24/029 F 1729 MARY ANN FSUERSTEIN CLERK & RECORDER WELD CO, CO conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request for a statements of indebtedness shall be complied with within twenty (20) days, all unpaid common expenses which become due prior to the date of making such requests shall be subordinate to the rights of the person requesting such statement and in the case of a grantee of such lot, the grantee shall not be liable for, nor shall the lot conveyed be subject to a lien for any unpaid assessments against said lot. The provisions set forth in this Section 6.18 shall not apply to the initial sales and conveyances of the lots made by Declarant, and such sales shall be free from all common expenses to the date of conveyance. 6.19 Mortgages - Priority. Each owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The owner of a lot may create junior mortgages, liens or encumbrances on the following conditions: (1) that any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for unpaid assessments, and other obligations created by this Declaration, the Articles of Incorporation and the Bylaws of the Association; (2) that the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgages premises, all of his right, title and interest in and to the proceeds under all insurable policies upon said premises held by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Association, and if such request is not granted, such release may be executed by the Association as an attorney-in-fact for such junior mortgage. 6.20 Professional Management. Professional management is anticipated for the project, and any agreement which may be entered into with regard to professional management or any other contract for providing of services by Declarant or Developer shall be for a term of not more than one (1) year and shall be terminable on thirty (30) days' written notice, without cause and without payment of a termination fee. 6.21 Maintenance Per Statute. If the Association fails at any time to maintain the common open space in reasonable order and condition, Weld County may serve written notice upon the Association or upon the residents of the Subdivision setting forth the manner in which the Association has failed to maintain the common open space in reasonable condition. If the Association or the residents fail to cure the specified deficiencies of maintenance, Weld County shall have the right to enter upon, and maintain, such common open space in accordance with the provisions of Colorado Revised Statute 24-67-105(6) (c) , as such statute may be amended from time to time hereafter, or under any other then applicable statute. 24 B 1443 REC 02390493 05/26/94 14:43 $145 .00 25/029 F 1730 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ARTICLE VII - GENERAL PROVISIONS 7.1 Duration. Subject to the provisions of Section 7 .3 of this Article, this Declaration shall remain in full force and effect, shall run with the land and shall be binding on all persons having any interest in any lot in the Subdivision for a period of twenty (20) years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then-owners of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or in part. 7.2 Amendments. This Declaration, or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the owners of at least seventy-five percent (75%) of the lots in the Subdivision and one hundred percent (100%) of the holders of recorded first mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of lot owners and encumbrance holders. No amendment to this Declaration may be made which conflicts with any of the laws of the State of Colorado, or ordinances or regulations of Weld County. No amendment shall affect any rights of Declarant unless approved in advance by and consented to by Declarant in writing. 7.3 Severability. Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 7.4 Disclaimer. No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or for the failure of the Architectural Review Board or Declarant to enforce any covenant or provision hereof. This Section 7.4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. 7.5 Waiver. No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. 7.6 Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. 25 B 1443 REC 02390493 05/26/94 14:43 $145.00 26/029 F 1731 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO 7.7 Construction. The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders, and the use of the singular shall be deemed to refer to the plural, and vice versa, when the context so requires. 7 .8 Notices. Notices required or permitted by this Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by United States mail, sufficient postage prepaid, to the latest address given by such member to the Secretary of the Association. In such event, notice shall be deemed effective three (3) days after such deposit into the United States mail. Notices may also be given by certified or registered mail, or by hand delivery. If hand delivered, notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail, notice shall be deemed effective three (3) days after deposit into the united States mail, sufficient postage prepaid. IN WITNESS WHEREOF, the undersigned being Owners (or Mortgagees) of lots in Shiloh Estates P.U.D. have executed this Declaration the date and year indicated below. SHILOH, INC. , a Wyoming Corporation BY: ,y�.a E�a Date amen H. Scott,Vice-President /G ,i'AS•9( ATTEST: GLI eras Date Cheri Scott, Assistant Secretary STATE OF COLORADO ) )ss. COUNTY OF IDPAL ) The foregoing Declaration of Covenants, Conditions and Restrictions for Shiloh Estates P.U.D. was acknowledged before me this day of May, 1994, by James H. Scott, Jr. , Vice- President, and Cheri Scott, Assistant Secretary of Shiloh, Inc., a Wyoming Corporation, the owner of the real property subject to said Declaration. Witness my hand and official seal. My commission expires: . IaQ • 4E c0' 's. i }`:m w ary is -_ ` �.. 714 ..• C. 26 B 1443 REC 02390493 05/26/94 14:43 $145. 00 27/029 F 1732 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.U.D. A tract of land lying in the Southeast Quarter of Section 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: Beginning at the South Quarter corner of said Section 4 and considering the South line of said Southeast Quarter to bear North 89 degrees 08 minutes 00 seconds West and with all other bearings contained herein relative thereto; thence North 00 degrees 19 minutes 11 seconds West, 2540. 68 feet along the West line of said Southeast Quarter to an existing fence; thence South 88 degrees 06 minutes 20 seconds East, 1802.04 feet along said fence to the Northwest corner of Recorded Exemption No. 0807-4-4-RE 1211, recorded March 19, 1990 in Book 1258 as Reception No. 02208285; thence along the Westerly line of said RE 1211 by the following twelve (12) courses: South 07 degrees 36 minutes 41 seconds west, 712.65 feet; South 86 degrees 30 minutes 23 seconds West, 8.15 feet; South 53 degrees 28 minutes 18 seconds West, 214.39 feet; South 25 degrees 48 minutes 15 seconds West, 281.40 feet; South 25 degrees 48 minutes 15 seconds West, 87.60 feet; South 89 degrees 08 minutes 00 seconds East, 88.87 feet; South 34 degrees 33 minutes 21 seconds West, 212 .65 feet; South 51 degrees 45 minutes 59 seconds West, 77.99 feet; South 84 degrees -- 18 minutes 54 seconds west, 65. 42 feet; North -46 degrees 25 minutes 09 seconds West, 83.38 feet; North 89 degrees 09 minutes 44 seconds West, 205.66 feet; South 00 degrees 00 minutes 00 seconds West, 1157. 65 feat to the South line of said Southeast Quarter; thence North 89 degrees 08 minutes 00 seconds West, 927.41 feet along said South line to the Point of Beginning. B 1443 REC 02390493 05/26/94 14:43 $145. 00 28/029 F 1733 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.U.D. This Exhibit relates to Section 3. 11 of the Declaration. The indicated animal types shall have the equivalent "Animal Units" set forth below. Each lot may have no more than the allowed number of "Animal Units", as also set forth below. Type of Animal Unit(s) A. Dairy cow 2.00 B. Bull, older than one year, but less than two years 1.00 C. Bull, less than one year old .50 D. Non-dairy cow, one year old or more 1.00 E. Non-dairy cow, less than one year old .50 F. Horse, one year or older 1.00 G. Horse, less than one year old .50 H. Individual sheep, older than one year 1.00 I. Individual lamb, less than one year old .50 J. Llama 1.00 K. Fowl (limited to Lots 7 and 8) .10 L. Swine (limited to Lots 7 and 8) .50 M. Bison (limited to Lots 7 and 8) 1.00 N. Elk (limited to Lots 7 and 8) 1.00 Maximum Allowable Animal Units Per Lot Lot 1 = 3.0 Lot 2 = 3 .5 Lot 3 = 2.5 Lot 4 = 2 .0 Lot 5 = 2 .0 Lot 6 = 2.0 Lot 7 = 17 .0 Lot 8 = 17.0 Lot 9 = 4.5 Lot 10 = 3.5 Lot 11 - 3.5 Lot 12 = 3.5 Lot 13 = 3.5 Lot 14 = 3.5 B 1443 REC 02390493 05/26/94 14:43 $145.00 29/029 F 1734 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT C TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHILOH ESTATES P.U.D. All lots except 7 and 8 shall share in the Association's costs for irrigation water and the irrigation ditch system, in the following percentage ratio: Lot 1 = 7.9 Lot 2 = 9.3 Lot 3 = 6.5 Lot 4 = 6.1 Lot 5 = 5.4 Lot 6 = 5.8 Lot 9 = 12.1 Lot 10 = 9. 1 Lot 11 = 10.1 Lot 12 = 8.9 Lot 13 = 9.1 Lot 14 = 9.7 March 1,2006 To Weld County Department of Planning Service RE:Case Number AmPF-354;Applicant James and Cheri Scott The following Homeowners of Shiloh Estates would like the Planning Commission as well as the County Commissioners to know that we support the approval of the subdivision of Lot 7 of Shiloh Estates. We make this statement based on a number of reasons: 1. We believe the covenants do allow for the re-subdivision of Lot 7 and that Jim and Cheri Scott followed the requirements of the Shiloh Estates HOA covenants. 2. We believe that we as Homeowners made an informed decision with regards to the vote on this proposed subdivision. 3. We believe the addition of 3 lots to Shiloh Estates will not be detrimental to our community. 4. We believe that the size and type of residences proposed fits in nicely and compliments the existing homes within Shiloh Estates. 5. We believe that the new residences that will be built will not negatively impact the value of the existing properties. In conclusion, it is our opinion that this proposed subdivision is good,sound land use and would respectfully ask for yo approval of this case. A/PHA-- Signature Printed Name Date (>14-C' COli , I/ c_.k, 4 derson 31 o_ Signature Printed Name ate pct 467/0W Signature . ' ted am Date 1<snh 1 het/ ^ g el e f Printed Name // to -- %..-,4 -s,,-0„-+ 3/6/06 Signature Printed Name Date i S' a e Printed Name Date n ,1 i / /) ignature ted Name Date t L ET LE E' yi .s LE(,:--,c_ 3 /6 A( m I Ca Signature Printed Name Date CL • March 7, 2006 To: Weld County Department of Planning Services Re: Case Number AmPF-354 Thank you very much for the opportunity to state our opinions about Case Number AmPF-354, the proposed replatting and subdividing of Lot 7 in Shiloh Estates PUD. There are several of us here today who are strongly opposed to this proposal and we would like to state our reasons. In order to minimize redundancy and in the interest of time, I will speak to our common reasons for opposing this proposal. We believe it is important to note that we have not made the decision to oppose this proposal lightly. We are neighbors who have worked and played together in the past and will continue to do so in the future; overall, we care about one another and want to live together in harmony. Also, this is not about specific individuals or businesses. Integrity Builders, owned by Jim and Cheri Scott, built most of our homes; we have a daily reminder of their commitment to excellence. Rather, thisAabout trying to preserve a quality of life that is unique and highly valued by each of us; and unfortunately is rapidly diminishing along the Front Range. We have five primary reasons for opposing this proposal: • Breach of the conditions under which we purchased our lots • Contradiction of the covenants governing Shiloh Estates • Negative impact of increased density • Loss of lifestyle • Lack of compatibility with existing land use Breach of the conditions under which we purchased our lots: Each of the homeowners opposing the replatting and subdividing of Lot 7 purchased our lots with the written understanding that Lot 7 was platted as a single lot with only one house permitted. The appeal of a smaller development (a total of 14 houses) with a single cul-de-sac road was the primary reason we selected Shiloh Estates. We did our due diligence, researching the County plats on EXHIBIT I ►ht, 1 file with the County wherein Lot 7 is—17 acres with only a single home allowed. Obviously, this proposed development would seriously compromise the conditions under which we purchased our lots. Contradiction of the covenants governing Shiloh Estates: The covenants covering the Shiloh Estates PUD that we agreed to comply with and under which we developed our homes state that one home will be built on Lot 7. Those of us opposing this proposal have sought legal advice about the covenants and how they were applied in this specific case, and believe that changing the covenants to comply with the proposed subdivision is controversial at this time. Because the covenants are used to guide and inform all community decisions, we are concerned that without agreement on the covenants the neighborhood will continually face confusion. However, the legal issues surrounding changing the covenants are civil in nature; thus we will not present legal opinions at this time. Negative impact of increased density: If the proposed subdivision of Lot 7 is approved, our neighborhood density would grow by 21%. Those of us in closest proximity to Lot 7 have had independent realtors assess our current as well as future values of our properties should the proposed development occur. We learned that we could expect a drop in value between $15,000 and $30,000 in today's dollars. Additionally, we believe that subdividing Lot 7 would lessen the overall community's appeal and value as the open spaces and common areas of our neighborhood would be decreased. Most importantly, this increased density would increase significantly the traffic, noise and pollution in our area. Most of us are used to minimal traffic on our single cul-de-sac and are very concerned about the safety and welfare of our children, pets and selves. Those of us with horses can cross the road with minimal concern; we can walk our dogs feeling secure; and our children can currently use the street as a hockey field or skating rink. Not only would the additional homes significantly increase the road traffic over the long run, the construction traffic would be horrendous. Considering that the construction would take at least 3 years and more likely upwards of 5 years to complete, we would be asked to endure construction traffic for a considerable length of time. Unfortunately, our experiences with construction have taught us that speeding vehicles along roads is more the rule than the exception. Furthermore, multiple 2 cases of construction-related crime have occurred throughout the US and CO. Although the odds of having our homes burglarized or our children harmed may be remote, it is certainly a gamble that we are unwilling to take. Loss of lifestyle: One of our considerations in moving to Shiloh Estates was to procure and sustain a certain lifestyle. We wanted to enjoy a more rural setting with restricted land development. The fact that our surroundings are open and lend themselves to a rural feeling is highly appealing and is becoming increasingly unique. With the rapid growth along the entire Front Range, we are very concerned about the diminished open space. We have worked diligently to align our building decisions with sustaining the land and maintaining a way of life that is quickly becoming obsolete. Compatibility with existing land use: Lot 7 sits amidst one single-owned quarter section on its north, one home on 17 acres on its east (Lot 8), a horse arena and two homes on—5 and—4 acres respectively on its south. If Lot 7 is divided into four 4-acre lots, the appropriate use of this land is called into question. Our development is one of the last areas with considerable open space. As such, it serves as a buffer zone, or transition area, helping divide suburban from rural. It helps preserve a way of life, reminiscent of the past, and serves as a landmark for future developments. We believe that the best response to the proposed subdividing and replatting of Lot 7 would be to keep Lot 7 as a single lot with one home. The developers and owners could be advised to purchase other land that would welcome their development efforts. Additionally, they can be reminded that they will still earn a considerable amount of money by building a single home on Lot 7. With such a solution, the developers/owners can still reap considerable profit and our community can remain semi-rural, open, and true to its original development goals. In summary, we strongly oppose the development because we believe that: • The conditions under which we purchased our lots and developed our homes have been seriously compromised. Had we known that lot 7 would be modified perhaps our decisions 3 to purchase our lots would have changed. Regardless,we would have had all the facts at that time. • Should the proposal be approved, the viability of our covenants would be seriously called into question. • The increased construction and eventual homeowners of the proposed lots traffic would degrade the safety of our pets and children. • Our accustomed lifestyle would be significantly compromised. • We are concerned about the appropriate use of Lot 7. A single home is more compatible with the adjoining land. Finally, we ask that you consider the following facts: • 54% of the families in the subdivision have gone on record as strongly opposing the proposed development • 100% of the lot owners in closest proximity to the proposed development, including the owners of the property abutting the northern boundary who are not part of Shiloh Estates are strongly opposed to the proposed development • Those most strongly opposed to the development of Lot 7 have proposed numerous compromises to the developer. 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Extim U 35.2.3 Each approved PUD District is considered unique, and the I location of USES described by tract within a PUD District cannot be altered unless an amendment to the PUD District is approved as a new PUD District under the PUD change of zone procedure in Section 28 of this Ordinance. 35.3 Performance Standards. All BUILDINGS, STRUCTURES and land USES in the PUD District shall be located, designed, used, and occupied in accordance with the standards enumerated below. 35.3.1 COMPATIBILITY: The density, design, and location of land USES, within and adjoining a Planned Unit Development District shall be designed to be compatible with other USES within and adjoining the PUD District. Compatibility of USES shall be determined by evaluating the general uses, building height, setback, offset, size, density, traffic, dust, noise, harmony, character, landscape, SCREENING, health, safety, and welfare. 35.3.2 COMMON OPEN SPACE. COMMON OPEN SPACE shall be provided in a PUD District. The amount and type of COMMON OPEN SPACE shall be proportioned according to the type of USES, BUILDINGS or STRUCTURES to be contained in the PUD District. COMMON OPEN SPACE shall be designed to be useful to the occupants and residents of the PUD District for recreational and scenic purposes. The COMMON OPEN SPACE in a PUD District shall be owned and maintained in perpetuity by an organization established solely for such ownership and maintenance purposes. 35.3.3 WATER AND SEWER PROVISIONS: A Planned Unit Development District shall be serviced by an adequate water and sewer system. A PUD District with residential USES shall be served with a PUBLIC WATER system. 35.3.4 Circulation. Development within a PUD District shall be designed and constructed to include adequate, safe and convenient arrangements for pedestrian and vehicular circulation, off-street parking and loading space. Pedestrian ' and vehicular circulation shall relate to the circulation system external to a PUD District. All STREETS within the PUD District, whether private or PUBLIC, shall be designed and constructed to meet the requirements of the Official Weld County Construction Standards and the Official Weld County Subdivision Regulations. 35.3.5 Buffering and Screening. USES, BUILDINGS, or STRUCTURES within a PUD District that would not be compatible with other USES, BUILDINGS, or STRUCTURES 30-44 Hello