HomeMy WebLinkAbout20063545.tiff 1111111111111111111111111111111111311111 11111 It 1111
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DECLARATION OF PROTECTIVE COVENANTS
LAS HACIENDAS PUD
The undersigned, being the Declaration and Owner of all the land in the Las Haciendas
PUD, Lot B of RE 3300, a tract of land lying in Northeast quarter of section 5, Township 4 North
, Range 68 West of the 6th Principal Meridian, Weld County, Colorado as shown by a plat of
said PUD dated the 7th day of February, 2006, do hereby make this Declaration of Protective
Covenants applicable to lots 1-8 in Las Haciendas PUD.
LAND USE
I. No lot shall be used except for a single family residential purpose and no building
shall be erected altered,placed or permitted to remain on any lot other than one
single family dwelling, one private garage, and one accessory building or barn.
II. No obnoxious or offensive activity shall be permitted on any lot nor shall anything
be permitted which may be or may become an annoyance or nuisance to the
neighborhood. Recreational use of all-terrain vehicles, motorcycles, snowmobiles
and similar vehicles or equipment of a Unit shall be kept to a minimum and shall
be used for the purpose of Unit owers. No organized or large group of such
activities shall be allowed. No person shall discharge, fire or shoot any gun or
other firearm or bow or weapon whatsoever for recreational purposes within any
portion of the Common Interest Community.
III. No manufacturing, industrial, or commercial enterprise shall be permitted on any
lot except for home occupations conducted within the interior of the home. No
on site advertising shall be allowed with respect to such home occupation. No
semi-trucks or large delivery trucks shall enter the subdivision except for
Fed-ex type trucks which shall be kept to a minimum.
IV. No structure of a temporary character,trailer, basement, tent, shack, garage, barn,
or other accessory building shall be used as a permanent or temporary residence.
V. No part on any lot shall be used as a site for mobile homes, regardless of whether
such mobile home is occupied as a dwelling or is stored on the lot temporarily.
VI. No sign or advertising of any kind shall be erected, placed, permitted, or
maintained upon any lot except for Real Estate type signs referring only to the lot
on which it is displayed.
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VII. Landscaping for each unit will be completed within a period of no more than 9
months from the time of occupancy. Removal or replacement of existing trees
will be prohibited. The use of plants indigenous to the locale is strongly
encouraged. A landscaping plan will need to be reviewed and approved by the
HOA. A variety of colors, shrubs, trees, rock, and grass is encouraged.
VIII. Features unique to the property such as ditch and oil well are private properties.
Likewise, nearby properties whether posted or not are private properties. There
shall be no tampering with any of these areas. No owner shall modify or change
the topography or countour of any drainage areas or easements, including swales
for house drainage that may modify the approved subdivision drainage plan.
Retaining walls, fountains, ponds etc. shall be designed so as to not modify the
existing topography and must be approved by the ACC.
IX. Overnight parking for vehicles on the street will be prohibited. Warnings will be
issued and fees may be assessed for repeat violators.
X. Any clotheslines to be installed within the common interest community must be
approved in writing by the HOA. They must be retractable.
XI. All external radio antennas,television antennas, satellite dishes or other external
signal receiving devices shall be installed or erected in such manner as to
minimize visibility. Unit Owners shall be encouraged to utilize screening,
unobtrusive placement, planting, camouflage, and other measures to ensure that
the aesthetics of the common interest community are protected and to ensure the
safety of the installation of any such devices.
ANIMALS
I. No animals of any kind shall be raised, bred, trained, or kept on any lot for a
commercial purpose except for those used for 4-H projects, rodeos, shows, etc..
II. A combined maximum number of four small pets over the age of eight weeks
shall be permitted provided that said pets shall remain under control of their
owner at all times by voice control or physical restraint and shall not be allowed to
chase domestic animals, livestock or wildlife. Aggressive dog breeds such as Pit
Bulls shall be discouraged and may be subject to special insurance requirements
as deemed necessary by the HOA. Home owners shall be aware that a risk to
small pets exists as raptors and other predators can be present at times.
III. Large animals such as horses and similar shall be restricted to no more than one
animal per acre as allowed by Weld County zoning and shall be kept in a clean
orderly manner. Such animals shall be prohibited from any other units within the
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Common Interest Community by way of being restrained by use of fence or
shelters which shall be constructed in a professional manner.
IV. No pigs, goats, burros or other obnoxious or exotic specified deemed offensive by
the HOA shall be permitted on any Unit within the Common Interest Community.
V. All hay and animal feed must stored inside a barn or other suitable structure
approved by the ACC for such purpose or shall be neatly stacked and covered as
to provide a neat appearance. Each unit shall be maintained in a clean sanitary
condition at all times and no open manure piles may be maintained. Manure
management must be maintained and shall be removed or dissipated at the Unit
owners expense on a quarterly basis or at other specific time intervals as the HOA
shall establish.
BUILDINGS AN IMPROVEMENTS
I. All dwellings shall have a minimum living space above the ground of not less
than 2400 square feet for a single story home, excluding garage and porches. A
dwelling with two or three stories shall have a minimum of 2800 square feet of
finished living space above the ground.. No more than three stories excluding a
basement will be allowed.
II. All buildings and improvements shall be constructed of good and suitable
materials, and all workmanship shall result in first class construction and shall be
accomplished in a professional manner. Residences shall be finished with a
combination of stucco or stone/brick. The roofs on the dwelling shall be of a slate
or barrel tile or equivalent as to give the Mediterranean appearance.
III. Construction of buildings and improvements on any lot shall be completed within
one year from the date of commencement unless an extension is granted by the
HOA. All improvements must have aquired the necessary permit from Weld
County Building Department.
IV. No tanks for the storage of gas, fuel oil, or any other matter shall be erected,
placed or permitted above the ground on any lot, unless totally hidden from view.
Any below ground storage of hazardous or toxic materials shall meet all
applicable County ,State, and Federal regulations.
V. All home plans and outbuildings must be approved by the Architectural Control
Committee. All exterior finishes and colors should be presented and approved.
One Full Set of construction drawings including plot plan shall be submitted to
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the ACC and shall be approved or disapproved in writing within 30 days of
submittal.
VI. Septic tanks and leach fields shall be identified on plot plan and installed near
envelopes shown on subdivision final plat and sites shall be preserved on lots.
Activities such as permanent landscaping, structures, dirt mounds, animal
husbandry activities, or other activities that would interfere with the construction,
maintenance,or function of the fields should be restricted over the absorption field
areas. All easements for installation and maintenance of utilities and
ditches shall also be shown on the plot plan All such utilities shall be
underground. No building or other structure shall be constructed, erected or
placed upon any easement reserved for utilities, except fences, which shall be
subject to the prior approval of the HOA.
VII. The Architectural Control Committee as required for the lots in Las Haciendas
PUD shall consist of the declarant, Francisco Garcia Jr. At the time of 50 percent
of lots being sold then the Homeowners association shall take over enacting said
covenants and will participate in ACC.
MAINTENANCE
I. Weeds must be kept cut or removed at all times.
IL All dwellings, accessory buildings, barns, garages, fences, and other structures
shall be maintained in a clean , orderly, and attractive appearance at all times.
III. No inoperative or unlicensed motor vehicles, recreational vehicles, boats, trailers,
motorcycles, farm equipment, or other mechanical equipment shall be stored on
any lot for a period than two weeks unless such vehicle is concealed from public
view. One horse trailer may be stored in an owner's lot provided it is kept in a
clean an orderly manner.
IV. Each lot shall be kept in an attractive an clean condition at all times. No trash,
litter,junk , containers, or building material shall be permitted to remain visible
from any neighboring lot or street except as necessary during a period of
construction. In the event any structure is destroyed, either wholly or partially by
fire or any other casualty, said structure shall be properly rebuilt or remodeled
within six months to conform with these covenants. If the structure is not to be
rebuilt, all remaining portions of the structure, including the foundations and all
debris, shall be promptly removed from the property.
VI. A common waste management agency will be encouraged to service all units
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V. Open space maintenance shall be the responsibility of the declarant,
Francisco Garcia Jr. until 50 percent of lots are sold and then shall become the
responsibility of the Homeowners Association.
PROVISIONS
The expenses of functions imposed on the Association pursuant to this
Declaration, together with the expenses of the administration and its operation,
shall be assessed uniformly against the lots owned by the purchasers, subject to
the limitation on assessment set forth in paragraph below. An owner who is a
purchaser shall be responsible for payment of the full share of any assessments for
a lot whether or not the lot has improvements. Lot 9 which remains an
Agricultural Zoning lot shall be exempt from these Covenants and shall be
governed by Weld County with respect to Agricultural Zoning laws.
IL In no event shall the annual average common expense liability allocated to any lot
in the property, exclusively of optional user fees, exceed the maximum amount
allowable by then applicable Colorado law for exception of the property and the
association from the general application of the provisions of the Colorado
Common Interest Ownership Act (CCIOA). The current Maximum Annual
Assessment is $400.00 per lot, pursuant to Section 38-33.3-116 C.R.S. and such
amount may be periodically adjusted without requiring general application of
CCIOA. In no event shall the Board adopt any budget which will result in
assessment of more than said then permissible Maximum Annual Assessment.
III. In the Event the lot owners shall fail to maintain the open space areas in a
reasonable order and condition in accordance with the original plan submitted
with the final subdivision plat,the Board of County Commissioners for Weld
County may exercise the power contained in CRS 24-67-105 as it now exists or as
it may be amended.
IV. These covenants shall operate as covenant running with the land for the benefit of
any persons who now own or may hereafter own property within Las Haciendas
PUD. Each lot owner is specifically given the right to enforce covenants through
any proceedings , against any person violating or threatening to violate these
covenants, and to recover any damages suffered by them from any such violation.
Such damages shall include, but not be limited to, reasonable attorney's fees.
court costs, expert witness fees, and bonding costs.
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V. The HOA upon request and after obtaining a court order from a Colorado court
having jurisdiction thereof, may enter upon any unit and remove any improvement
constructed, reconstructed, refinished, altered or maintained in violation of these
covenants. The owner of the improvement shall immediately reimburse the HOA
for all expenses incurred in connection with such action. If the owner fails to
reimburse the HOA within thirty days after the HOA gives the owner notice of the
expenses, the sum owed to the HOA shall bear interest at a rate of 18% annum
from the date of the advance by the HOA through the date of reimbursement in
full, and all such sums and interest shall be an individual assessment enforceable
as provided in this document.
VI. These covenants are to run with the land, and shall be binding on Lot owners for a
period of twenty five years from the date these covenants are recorded, after
which time said covenants shall be automatically extended for successive periods
of ten years. These covenants, not withstanding the above, can be altered or
amended in any manner at any time by a recorded instrument signed by 60 percent
of the Lot Owners. Provided, however,that the provisions regarding maintenance
of roads or open space shall not be altered or amended without the concurrence of
the Weld County Board of County Commissioners or municipality with land
use jurisdictions.
VII. If any portion of these Covenants are invalidated in any manner whatsoever, it
shall not be deemed to affect in any manner the validity, enforceability, or effect
of the remainder of these Covenants, and in such event, all of the remaining
provisions of these Covenants shall continue in full force and effect as if such
invalid provisions had never been included herein.
VIII. No provision contained in these Covenants shall be deemed to have been
abrogated or waived by reason of any failure to enforce the same, irrespective of
the number of violations or breaches which may occur.
IX. The HOA will be established after 50 percent of the lots are sold and will take
over maintenance and other governing issues for Las Haciendas PUD. The HOA
shall meet quarterly or as necessary to discuss any issues and review any
proposals. The HOA will keep detailed and accurate records in chronological
order of all of its receipts and expenditures, specifying and itemizing the
maintenance and repair of expenses incurred. Such records and the vouchers
authorizing the payment shall be available upon request for examination by the
unit owners with an interest, such as prospective lenders.
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IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of
the day and year first above written.
FranciscoGarcia Jr.
President
F&G Lands LLC
STATE OF COLORADO
COUNTY OF LARIMER
Acknowledge before me this 9 day of felo . , 2006, by
Francisco Garcia Jr. of F&G Lands LLC.
Witness my hand and official seal.
My commission expires : (7P-10-AkOlAD
Notary Public
Jive Commission Expires
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(,otx-1W.,a CD 3--)
Address
MAR-06-2006 MON 10 14 AM WSCOUNTY PUBLIC WORKS FAX NO. 9304 6497 P. 01/01
10/02/2014 01;34 FAX 2002
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LITTLE THOMPSON WATER DISTRICT
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MANACIEL
Armed IIAI.Yellin.
Re:Water system.improvements—Las Haciendas PUD
Dear Sir.
The water system improvements for Las Haciendas PUD are in place. A bill of sale and as-built
plans have been provided All of the raw water has not been transferred and the final installation of the
meters has not been done and will not be required until service is requested at each lot in the project.
The District has committed to serve the lots in the subdivision. Tito District does not require the
developer to escrow funds for the project construction or water rights.
If you have questions,or need any additional informaaion please contact me In our office.
Miffs' cxdt' .` `^•"` .�
District Engineer
• • Page 1 of 1
Kim Ogle
From: Drew Scheltinga
Sent: Tuesday, February 21, 2006 2:55 PM
To: Kim Ogle
Cc: Peter Schei; hbinc1004@gwest.net
Subject: 1058 Las Haciendas
Kim
I have received the pavement design by CDS Engineering for Las Haciendas PUD from Fran Garcia. This
completes all items required by the Department of Public Works.
Drew Scheltinga, P. E.
Weld County Public Works Department
1111 H Street
P. O. Box 758
Greeley, CO 80632
970-356-4000 X3750
dscheltingaco.weld.co.us
Email Copy: Fran Garcia, Hacienda Builders
02/21/2006
To:Kim Ogle February 21,2006
Weld County Department of Planning Services
VIA FACSIMILE 970-304-6498
1555 North 17th Avenue
Greeley Colorado,80631 Weld County Planning Department
GREELEY OFFICE
From: Joshua M.Brown FEB 2 1 2005
Berthoud Fire Protection District
Re: PF-1058 Las Hacienda PUD RECEIVED
The district requires that the developer provide proof of fire flow from the hydrants in the subdivision before any
building permits are issued. The Fire District can perform this test at the request of the Little Thompson Water
District. The fire district shall maintain records of this test.Once such tests have been performed,additional tests
for additional permits in the same subdivision would not be required unless the district or the applicant feels that
a significant change in the flow has occurred.
At the current time,so long as the fire flow from adjacent hydrants meets the departmental minimum of 1,000
GPM,the lots in this subdivision are approved by the fire district for homes of up to 3,600 square feet. Homes
larger than that will require larger a fire flow as determined by table A-iII-A-1 of the Uniform Fire Code.
Based on fire flow tests already completed by a third party and the Little Thompson Water District,an available
flow of 4850 Gallons per minute has been determined in the water line. This flow is not actual flow from a fire
hydrant,but supply contained in the infrastructure. When Mr.Larson completes the water line loop on an
adjacent development,flows will be sufficient to support the construction of dwellings up to 6200 square feet.
Based on a commitment from iver Larson to complete the loop in the 2006 calendar year,the Berthoud Fire
Protection District has no reason to limit construction at this time. The Berthoud Fire Protection District on a
case-by-case basis will review any dwelling that exceeds this size. This review will also include additional
hydrant flow tests to meet compliance with table A-III-A-1 of the Uniform Fire Code
In the event that the new hydrants provided insufficient fire flow,alternative fire protection methods must be
employed. This generally means that residential fire sprinklers will be required. The plans for such systems
must be reviewed and approved by the district and the installation inspected by the district.The Berthoud Fire
Protection District is also considering the implementation of an ongoing inspection program for residential
sprinklers in the future.
in the event a sprinkler system is required,approved contractors must do the work.Both the sprinkler contractor
and the excavation contractor(who installs the sprinkler system supply line)must be licensed by the State of
Colorado,Department of Fire Safety.Proof of such licensure must be provided to the district.A flow and
pressure test is required on the supply line from the main to the structure before the line is covered.
We would request that these requirements be included in the final plat,and that compliance be required prior to
the issuance of any building permits.
If you have any questions,please direct them to me at your earliest opportunity.
Re ctfull
Joshua M. wn
Berthoud Fir Protection District
• •
it-ot ‘f MEMORANDUM
TO: Kim Ogle, Planning Manager DATE: January 26, 2006
IFROM: Drew Scheltinga, P.E., Public Works Department
COLORADO SUBJECT: PF-1058 Las Haciendas PUD (Final Plat) 2nd
Attached is a copy of revised Exhibit"A" for the Improvements Agreement for PF-1058, Las Haciendas PUD,
from Fran Garcia. The revision takes out the cost for water mains, fire hydrants and water transfer. The water
mains and fire hydrants have been completed but the water transfer has not taken place.
It is acceptable to Lee Morrison not to require surety for water districts providing the water district provides a
letter waiving the need for surety.
I have discussed this issue and this project with Michael Cook, District Engineer for the Little Thompson Water
District. Attached is a letter from Mr. Cook addressing the water mains, fire hydrants and water transfer that
states the District does not require escrow for Las Haciendas PUD.
The revised total estimated cost of improvements and supervision of$240,290.36 in the revised Exhibit "A",
dated January 26, 2006, is acceptable to the Public Works Department.
Weld County Planning Department
GREELEY OFFICE
JAN 2 ? 2006
RECEIVED
PC: PF-1058 Las I laciendas Flit) (Final Plat)
Email &Original: Kiln Ogle
Fax & PC by Post: Fran Garcia
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