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PETITION
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WE THE UNDERSIGNED RESIDENTS OF WELD COUNTY HEREBY REQUEST THAT
THE BOARD OF THE WELD COUNTY PLANNING COMMISSION AND THZK R;17 OF
COUNTY COMMISSIONERS DENY THE REQUESTED CHANGE OF ZONE-
APPLICATION #PZ-613 FOR THE FOLLOWING REASONS. SECTION 27-6-120.6.c THE
SUBDIVISION IS NOT COMPATIBLE WITH SURROUNDING LAND USES. SECTION
22-2-60 PRESERVATION OF PRIME FARMLAND. THIS APPLICATION MAKES NO
ATTEMPT TO PRESERVE SOME VERY PRIME FARMLAND. SECTION 27-6-120.6.d
THE AREA HAS POOR WATER SERVICE ALREADY AND HIGH GROUNDWATER
THAT FEEDS EAST TO A SMALL CREEK WHICH COULD BE AFFECTED BY
EFFLUENT FROM SEPTIC SYSTEMS. SECTION 27-6-120.6.e THE ACCESS TO THE
PROPOSED SUBDIVISION IS ON WCR 70 AND THE INTERSECTION AT WCR 70 AND
WCR 31 IS VERY DANGEROUS AND NOT CONSIDERED IN THE IMPROVEMENTS
AGREEMENT. PLEASE REVIEW THESE ISSUES AND DENY THE APPLICATION.
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2002-2926
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�^ PETITION
WE THE UNDERSIGNED RESIDENTS OF WELD COUNTY HEREBY REQUEST THAT
THE BOARD OF THE WELD COUNTY PLANNING COMMISSION AND THE BOARD OF
COUNTY COMMISSIONERS DENY THE REQUESTED CHANGE OF ZONE
APPLICATION #PZ-613 FOR THE FOLLOWING REASONS. SECTION 27-6-120.6.c THE
SUBDIVISION IS NOT COMPATIBLE WITH SURROUNDING LAND USES. SECTION
22-2-60 PRESERVATION OF PRIME FARMLAND. THIS APPLICATION MAKES NO
ATTEMPT TO PRESERVE SOME VERY PRIME FARMLAND. SECTION 27-6-120.6.d
THE AREA HAS POOR WATER SERVICE ALREADY AND HIGH GROUNDWATER
THAT FEEDS EAST TO A SMALL CREEK WHICH COULD BE AFFECTED BY
EFFLUENT FROM SEPTIC SYSTEMS. SECTION 27-6-120.6.e THE ACCESS TO THE
PROPOSED SUBDIVISION IS ON WCR 70 AND THE INTERSECTION AT WCR 70 AND
WCR 31 IS VERY DANGEROUS AND NOT CONSIDERED IN THE IMPROVEMENTS
AGREEMENT. PLEASE REVIEW THESE ISSUES AND DENY THE APPLICATION.
NAME ADDRESS PHONE #
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September 30, 2002
Board of County Commissioners
915 10th Street
Greeley, CO 80651
RE: Case Number PZ-613, Cattail Group, LLC
Gentlemen:
First I would like to state that I have been actively involved in real estate sales for the past 25
years, specializing in the sale of all types of property in the rural sector. I strongly believe in the
rights of land owners to utilize the benefits of property ownership to its fullest potential or
"keeping farmers land use options wide open and diversify the county economy". However, I
also believe in the rights of landowners protecting their interest from those who pose adversity by
exceeding certain boundaries while achieving that potential.
I would like to take this opportunity to also state that I was very disappointed in what I witnessed
at the Planning Commission when they heard and reviewed this case. The parties representative
of the neighborhood opposing the proposal had limited time to research this matter, understand
and communicate any of the criteria due to what was described as an error of the Planning
Department. A local posting of the proposed change of zoning seemed to disappear from the site
as soon as a photo of it was taken. Then when it reached the Planning Commission hearing the
presentation of facts against this proposal was disrupted and from that point on it seemed as
though all issues presented were either ignored or patched up to satisfy the issue for the moment.
It was as though there was no real effort made to deal with some very important issues.
The firm presenting the case on behalf of the applicant consisting of two ex-county planners
seemed to have a very cozy relationship with the planning staff and access to all issues and how
to patch them together long enough to get though the meeting. At the same time the public sector
was treated poorly. This allowed many issues to go unaddressed while others were
misinterpreted and misinformed. For example, I had stated that the name of this project "Cattail
Creek" infers that there is a creek involved with the property. I along with two other parties
control ownership of where "Coal Bank Creek" is located and we are very concerned about
trespassers and liability issues. The Applicant addressed this by stating "Trespassing is
something that kids learn about when they move to the country". The active chair person then
inject that the right to farm clause is a cure. Then there was highly worthless discussion about
fencing kids in or out. Please let me address that by saying that when some idiot injures
themselves and sues me Mr. DuBard and his child education course will be long gone and that
clause to protect me wont be worth it's paper value in a court room. Plus the two people that I
asked not to hunt from my property just this month (guests or tenants of the applicant) were not
children and they lied about being on my property.
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EXHIBIT
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I would be happy to address with you other specific issues that were set aside or overlooked
especially the irrigation water issue. I do hope that your board will hear this case including those
concerns of the adjoining and surrounding neighborhood and act appropriately. I still wish to
voice my concerns that were addressed to you in a previous letter as follows:
I have tried to consider any benefits to the neighborhood that the proposed zoning change would
allow and there are none. The more I learn about this situation the more I have some credibility
concerns with the developers. It seems odd that the planning staff has a picture of this posting
for the proposed change of zoning. However, not one person in the neighborhood has ever seen a
sign posted. I have never seen a copy of the Frederick Farmer and Miner Publication. Have
those people never heard of the North Weld Herald and Windsor Beacon? I have heard that one
adjoining neighbor who purchased property from one of the principals had several
misrepresentations in that sale including assurance that there would not be further development
of this land for at least 10 years. Also, when the developer approached neighbors to present their
proposal, if the neighbor was not in agreement they become confrontational. I have to ask if this
is such a great project why are they not out trying to sell it to the neighborhood on its own merit
instead of trying to sneak it in. I do not wish to see the quality of life in this neighborhood be
diminished by a party who takes everything they can and returns nothing beneficial to the
surrounding property owners and then moves on. Therefore, we strongly urge that you deny this
request based on the following negative impacts this proposal would have on the neighborhood
and surrounding property owners.
Section 27-6-120.6e of the County Code states that the street or highway facility providing access
to the property are adequate. When we purchased and moved to our property 17 years ago
County Road 31 was known as "that road to Bruces Bar", and was primarily local traffic. It is
now a major arterial road providing access to and from the county landfill as well as much of the
transit from Greeley to and from Eaton, Severance, Tinmath and Fort Collins, etc.. Traffic on
County Road 31 intersecting Highway 392, O Street and County Road 74 are sites of many
traffic accidents and numerous fatalities each year. The intersection of Road 31 and Road 70, the
intersection where much of the increased traffic will enter onto Road 31 is poor due to low
visibility. I fear for the health, safety and welfare of the present and future residents of the
county as well as the additional burden placed on fire and medical staff responding to the
additional traffic collisions and fatalities in this already problem area.
As stated in Section 27-6-120.6c of the Weld County Code, the use shall be compatible with the
existing or future development of the surrounding area by the existing zoning, which is "A"
Agriculture. The proposed equestrian P.U.D. is not functional as a legitimate horse facility but
instead is just a vehicle used to skirt the zoning requirements to accomplish the sale of a row of
one acre tracts which are not compatible with the surrounding area. The neighborhood instead
consists of mostly agricultural uses consisting of improved parcels ranging from 5 to 160 acres or
larger. Most of these properties are improved with modern good quality improvements. Clearly
this type of housing does not fit the neighborhood and will diminish surrounding property values
as well as the quality of life that has been enjoyed there. The proposal does not comply with the
policies and intent of the City of Greeley Comprehensive Plan and Resolution 7, 1985. Also, the
City of Greeley has cited other conditions that should be part of the proposal.
I have further concerns regarding compliance with Section 27-6-120.6d of the Weld County
Code as to adequate availability of domestic water and the impact this will have on existing
users. Water pressure in the area is already a problem. Further concerns are for the impact this
number of septic systems will have on a shallow water table with live water flowing in a stream
"Coal Bank Creek"just below these systems. I have witnessed once and Ruben Hergert has seen
twice where this creek has flooded and covered approximately %<of this parcel.
Once again I strongly urge you to deny this request. Thank You.
Sincerely,
7ciact,i( —Rs
Patrick L. McNear
�. Mr. Joseph A. Hoff
Mrs. Elaine D. Hoff r2 CCT - I pit 4: 4=
34251 WCR 31
Greeley, CO 80631 E D
October 1, 2002
Weld County Commissioners
915 10th Street
Greeley, CO 80631
Dear Commissioners,
We are writing this letter to request that you deny the zoning request made by Cattail
Creek Group, LLC, case number PZ-613. We shared our numerous concerns in a letter to
the Department of Planning Services (copy attached). We object to this zoning change,
and the proposed development for the following reasons:
• It is incompatible with the existing development of the surrounding areas
• It takes prime farmland out of production
• It does not comply with the City of Greeley's comprehensive plan, and they
recommended it be denied
• There is inadequate water available, and delivery of that water is questionable
• The development would be considered an urban subdivision,restricting what
current adjacent landowners could do with their property
• Additional traffic on WCR 31 would increase the likelihood of additional serious
accidents occurring there
• There is conflicting information about the type of homes that will be built. In the
Planning Commission minutes from September 10th, the applicant George
DuBard stated that the homes would be in the 350-500 thousand dollar range.
However, the septic system studies were done for homes of 1200 square feet.
We are 28-year residents of Weld County, and do not desire this type of development in
our county. We urge you to deny this zoning request.
Sincerely,
Joseph A. Ho
41 1/24.
Elaine D. Hoff
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,... Mr. Joseph A. Hoff
Mrs. Elaine D. Hoff I ��2,712G u n�I _r If: L!!
34251 WCR 31
Greeley, CO 80631 RECL''' �I 'September 6, 2002
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Dear Planning Commission,
We are writing this letter to voice our objections related to the following zoning request:
Request from Cattail Creek Group, LLC to change the zone from Agricultural to
PUD for a parcel located north of and adjacent to WCR 70 and approximately 800
feet east of WCR 29. (Case number PZ-613)
We object to this zoning change for the following reasons:
• The proposed development of 8 one acre lots would not be compatible with the
existing development of the surrounding areas(Section 27-6-120.6.c) The homes
in the surrounding one mile radius are located on lots of approximately 5 to 20
acres, with some being on 65 acres, and most have open, cultivated farm land
between them.
• The proposed development does not comply with the City of Greeley's
comprehensive plan(Section 27-6-120.6.c)
• There is not an adequate water supply available (Section 27-6-120.6.d)
Household water is provided by North Weld County Water District. Because of
the current drought,beginning in November, 2002,NWCWD will most likely
deliver 30%of one acre foot per share. That amount is inadequate to establish
newly planted lawns,trees and shrubs. The result is likely to be a barren patch of
dirt in what has been irrigated, productive farm land. A letter from Mr. George
DuBard to Ms. Sheri Lockman dated June 25, 2002 states that the common open
space will have 20 shares of Woods Lake Mutual water. He states that each share
produces between 1.5 and 2.5 acre feet per year. This is a gross exaggeration. In
a good year, with an abundant water supply, each share would produce a
maximum of 1.9 acre feet each year. During the current drought conditions, each
share is producing .60 of one acre foot per share. Again,that amount is
inadequate to establish newly planted grass. There is also a question of how that
water will be delivered to the open space, as the concrete ditch is above the
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EXHIBIT
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planned lots, requiring the water to flow through the houses and yards into the
planned open space.
• The sewage disposal system is inadequate(Section 27-6-120.6.d) The water table
near the creek is at 3 feet, which is where the leech beds would need to be. In the
case of heavy rains,when the creek floods up into the planned open space area,
the sewage would run into the creek.
• The proposed development would not be considered an urban subdivision.
However,because there are 8 planned lots, the property owners adjacent to this
land would be unable to develop their land in the future, as it would then be
considered an urban subdivision, requiring city curb, gutter, water and sewer
services.
• There is a great deal of traffic on WCR 31 now, and while we realize a traffic
study was done, it seems unreasonable to knowingly increase the traffic on an
already dangerous road.
We feel that this proposed development would benefit the Cattail Creek Group only, at
the considerable detriment of the existing land and home owners in the immediate, and
outlying areas. We urge you to deny this request for a zoning change. Thank you for
your time and attention.
Sincerely,
to,
Joseph A. Ho
/cr
Elaine D. Hoff
40211
DECLARATION
OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
CATTAIL CREEK
Name of Common Interest Community: CATTAIL CREEK
Name of Owners Association: CATTAIL CREEK HOMEOWNERS ASSOCIATION, INC.
Declarant: CATTAIL CREEK GROUP,LLC
Type of Common Interest Community: PLANNED COMMUNITY 7 EXHIBIT
tot
TABLE OF CONTENTS
PREAMBLE 1
WITNESSETH 1
ARTICLE I 2
DEFINITIONS 2
Section 1. Act 2
Section 2. Agency 2
Section 3. Architectural Design Standards 2
Section 4. Articles 2
Section 5. Annual Assessment 2
Section 6. Assessments 2
Section 7. Association 2
Section 8. Association Documents 2
Section 9. Builder 2
Section 10. Bylaws 3
Section 11. Clerk and Recorder 3
Section 12. Common Elements 3
Section 13. Common Expenses 3
Section 14. Declaration 3
Section 15. Executive Board 3
Section 16. First Mortgage 4
Section 17. First Mortgagee 4
Section 18. Improvements 4
Section 19. Lot 4
Section 20. Manager 4
Section 21. Member 4
Section 22. Mortgage 4
Section 23. Mortgagee 4
Section 24. Notice 4
Section 25. Owner 4
Section 26. Parcel 5
Section 27. Plat 5
Section 28. Project 5
Section 29. Property 5
Section 30. Related User 5
Section 31. Rules and Regulations 5
fit
Section 32. Single Family 5
Section 33. Successor Declarant 5
Section 34. Supplemental Declaration 5
Section 35. Supplemental Plat 5
Section 36. Undefined Terms 6
Section 37. Unit 6
ARTICLE II 6
NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION . . . 6
Section 1. Name 6
Section 2. Existing Property 6
Section 3. Expansion Property 6
Section 4. Maximum Number of Units 6
Section 5. Identification of Units 6
Section 6. Description of Units 6
Section 7. Allocation of Interests 6
ARTICLE III 7
MEMBERSHIP AND VOTING RIGHTS;
ASSOCIATION STRUCTURE AND OPERATIONS 7
Section 1. Association Name 7
Section 2. Transfer of Membership 7
Section 3. Membership 7
Section 4. Voting 7
Section 5. Declarant Control 7
Section 6. Books and Records 7
Section 7. Manager 7
Section 8. Cooperation with Other Associations 8
Section 9. Rights of Action 8
Section 10. Implied Rights and Obligations 8
ARTICLE IV 9
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION 9
Section 1. Powers 9
ARTICLE V 10
MECHANICS' LIENS 10
Section 1. No Liability 10
Section 2. Indemnification 11
Section 3. Association Action 11
ni
ARTICLE VI 11
EASEMENTS 11
Section 1. Recorded Easements 11
Section 2. Utility Easements 11
Section 3. Reservation of Easements, Exceptions and Exclusions 11
Section 4. Use of Easement Area 12
Section 5. Emergency Access Easement 12
ARTICLE VII 12
MAINTENANCE 12
Section 1. Maintenance by Owners 12
Section 2. Maintenance by Association 12
Section 3. Association Maintenance as Common Expense 12
ARTICLE VIII 13
INSURANCE 13
Section 1. General Insurance Provisions 13
Section 2. Property and Commercial General Liability Insurance 13
Section 3. Fidelity Insurance 14
Section 4. Workers'Compensation Insurance 14
,- Section 5. Notice 14
Section 6. Common Expenses 14
Section 7. Other 14
ARTICLE IX 15
ASSESSMENTS 15
Section 1. Obligation 15
Section 2. Budget 15
Section 3. Annual Assessments 15
Section 4. Apportionment of Annual Assessments 15
Section 5. Special Assessments 16
Section 6. Default Assessments 16
Section 7. Effect of Nonpayment; Assessment Lien 16
Section 8. Personal Obligation 17
Section 9. Payment by Mortgagee 17
Section 10. Statement of Status of Assessment Payment 17
Section 11. Maintenance of Accounts;Accounting 18
iv
ARTICLE X 18
RESERVED SPECIAL DECLARANT RIGHTS 18
Section 1. Special Declarant Rights 18
Section 2. Construction: Declarant's Easement 18
Section 3. Declarant's Property 19
Section 4. Limitations on Special Declarant Rights 19
Section 5. Interference With Special Declarant Rights 19
Section 6. Rights Transferable 19
ARTICLE XI 19
ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS 19
Section 1. Association Power 19
Section 2. Review 19
Section 3. Membership of Architectural Review Committee 20
Section 4. Plan Review Procedure 20
Section 5. Notice of Completion 21
Section 6. Remedies Upon Noncompliance 21
Section 7. Authority to Hire, Assess Costs, and Raise Funds 22
Section 8. Records 22
Section 9. Restrictions on Use 22
Section 10. Waivers; No Precedent 28
ARTICLE XII 28
MORTGAGEE'S RIGHTS 28
Section 1. Distribution of Insurance or Condemnation Proceeds 29
Section 2. Right to Pay Taxes and Charges 29
Section 3. Audited Financial Statement 29
Section 4. Notice of Action 29
Section 5. Action by Mortgagee 29
ARTICLE XIII 30
DURATION OF COVENANTS AND AMENDMENT 30
Section 1. Term 30
Section 2. Amendment 30
Section 3. Declarant Rights 30
Section 4. Execution of Amendments 30
Section 5. Revocation 30
V
ARTICLE XIV 30
GENERAL PROVISIONS 30
Section 1. Restriction on Declarant Powers 30
Section 2. Enforcement 31
Section 3. Registration of Mailing Address 31
Section 4. Limitation on Liability 31
Section 5. No Representations or Warranties 31
Section 6. Severability 31
Section 7. Conflicts Between Documents 31
Section 8. Conflict With Act 31
EXHIBIT A 1.1
LEGAL DESCRIPTION 1.1
EXHIBIT B 1.2
MINIMUM ARCHITECTURAL DESIGN STANDARDS 1.2
vi
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
CATTAIL CREEK
(A Common Interest Community)
PREAMBLE
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the
"Declaration")is made on the date hereinafter set forth by Cattail Creek Group,LLC., a Colorado
limited liability company, hereinafter referred to as "Declarant."
WITNESSETH :
WHEREAS,Declarant is the owner of a parcel of land located in the County of Weld, State
of Colorado, as described on Exhibit A attached hereto.
WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and
general plan: (i) to protect and enhance the quality, value, desirability, and attractiveness of all
property that may be subject to this Declaration; (ii) to provide for an Association as a vehicle to
perform certain functions for the benefit of Owners of Property which may become subject to this
Declaration; (iii) to define duties, powers, and rights of the Association; and (iv) to define certain
duties, powers, and rights of Owners of Property subject to this Declaration with respect to the
Association and with respect to the functions undertaken by the Association.
NOW THEREFORE, Declarant for itself, its successors and assigns, hereby declares that all
property herein or hereafter made subject to this Declaration,in the manner hereinafter provided, and
each part thereof shall, from the date the same becomes subject to this Declaration, be owned, held,
transferred, conveyed, sold, leased, rented, hypothecated, encumbered,used, occupied, maintained,
altered, and improved subject to the covenants, conditions, restrictions, limitations, reservations,
exceptions, equitable servitudes, and other provisions set forth in this Declaration for the duration
thereof, all of which shall run with the title to such property and be binding upon all parties having
any right, title, or interest in said property or any part thereof and upon their heirs, personal
representatives, successors, and assigns and shall inure to the benefit of each party having any such
right, title, or interest in said property or any part thereof.
1
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration, the
Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto,
shall have the following meanings:
Section 1. Act shall mean and refer to the Colorado Common Interest Ownership Act
found in Title 38 of the Colorado Revised Statutes. Any reference in the Association Documents to
the Act or a section of the Act shall refer to the Act as presently enacted or subsequently amended.
Section 2. Agency shall mean any agency or corporation that purchases or insures
residential mortgages.
Section 3. Architectural Design Standards shall mean design standards adopted by the
Architectural Review Committee from time to time that govern the quality of workmanship, color
of materials, harmony of external design with existing structures, and location with respect to
topography and finish grade elevation and the master drainage plan and all other appearances of
buildings and structures in the Project. The Minimum Architectural Design Standards are set forth
in Exhibit "B" attached hereto.
Section 4. Articles shall mean the Articles of Incorporation for Cattail Creek
Homeowners Association, Inc., a Colorado nonprofit corporation, and any amendments that may be
made to those Articles from time to time.
Section 5. Annual Assessment shall mean the Assessment levied pursuant to an annual
budget.
Section 6. Assessments shall mean the Annual, Special, and Default Assessments levied
pursuant to the terms of this Declaration. Assessments are also referred to as a Common Expense
liability as defined under the Act.
Section 7. Association shall mean Cattail Creek Homeowners Association, Inc., a
Colorado nonprofit corporation, and its successors and assigns.
Section 8. Association Documents shall mean this Declaration and any Supplemental
Declaration, the Articles of Incorporation, the Bylaws, the Plat and any procedures, rules,
regulations, Architectural Design Standards, or policies adopted under such documents by the
Association.
Section 9. Builder shall mean any person who acquires from Declarant one or more Lots
for the purpose of constructing thereon a building and selling such building, together with the Lot
upon which it is situated to any member of the general public.
2
Section 10. Bylaws shall mean the Bylaws adopted by the Association, as amended from
time to time.
Section 11. Clerk and Recorder shall mean the office of the Clerk and Recorder in the
County of Weld, State of Colorado.
Section 12. Common Elements shall mean all real and personal property,including water
rights, now or hereafter owned by the Association for the common use and enjoyment of the Owners.
Common Elements shall also mean and refer to any and all personal property and Improvements
owned or leased by the Association and shall include, by way of example but without limitation, any
exterior signage which identifies the subdivision, the bus stop, exterior lighting, irrigation systems
(including ditches and culverts),recreation equipment, and any other personal property owned by the
Association. The Common Elements are to be devoted to the common use and enjoyment of the
Owners (subject to the provisions hereof) and are not dedicated for use by the general public except
as indicated on the subdivision Plat and the real estate records of the Clerk and Recorder of Weld
County, Colorado. The definition of Common Elements shall expressly include the private street
shown on the Plat. Common Elements shall be owned by the Association. In no event shall the
Common Elements fail to be transferred to the Association on a date which is not later than sixty(60)
days after the completion of the transfer of all Lots from the Declarant or the Declarant's successors
and assigns to third party purchasers.
Each Owner and his or her guests may use the appurtenant Common Elements in
accordance with the purpose for which they are intended, without hindering or encroaching upon the
lawful rights of any of the other Owners. The Executive Board may adopt Rules and Regulations
governing the use of the Common Elements, but such Rules and Regulations shall be uniform and
nondiscriminatory. Each Owner, by the acceptance of his or her deed or other instrument of
conveyance or assignment and such Owner's guests agree to be bound by any such adopted Rules
and Regulations.
Section 13. Common Expenses shall mean: (i) all expenses expressly declared to be
common expenses by this Declaration or by the Bylaws of the Association; (ii) all other expenses of
administering, servicing, conserving, managing, maintaining, repairing, or replacing the Common
Elements;(iii)insurance premiums for the insurance required or permitted under this Declaration;and
(iv) all expenses lawfully determined to be Common Expenses by the Executive Board. Common
Expenses benefitting fewer than all the Units may, in the discretion of the Executive Board, be
assessed exclusively against those Units benefitted.
Section 14. Declaration shall mean this Declaration and the Plat and amendments and
supplements to the foregoing.
Section 15. Executive Board shall mean the governing body of the Association.
3
Section 16. First Mortgage shall mean any Mortgage that is not subject to any monetary
lien or encumbrance except liens for taxes or other liens that are given priority by statute.
Section 17. First Mortgagee shall mean any person named as a Mortgagee or beneficiary
in any First Mortgage, or any successor to the interest of any such person under such First Mortgage.
Section 18. Improvements shall mean and refer to all improvements now or hereafter
constructed including, without limitation, all buildings, exterior lighting, signs, benches, walks,
landscaping, fencing, irrigation systems(including ditches and culverts), and parking areas within the
Project.
Section 19. Lot shall mean and refer to any numbered area of land designated for separate
ownership or occupancy as shown on the recorded Plat. Lot shall also mean a"Unit" as defined in
C.R.S. § 38-33.3-103 as originally enacted or subsequently amended. Lot shall not include any
Common Elements including outlots.
Section 20. Manager shall mean a person or entity engaged by the Association to perform
certain duties, powers, or functions of the Association, as the Executive Board may authorize from
time to time.
Section 21. Member shall mean and refer to every person or entity that holds membership
in the Association by virtue of the ownership of a Unit.
Section 22. Mortgage shall mean any mortgage,deed of trust or other document pledging
any Residential Unit or interest therein as security for payment of a debt or obligation.
Section 23. Mortgagee shall mean any person named as a mortgagee or beneficiary in any
Mortgage, or any successor to the interest of any such person under such Mortgage.
Section 24. Notice shall mean and refer to: (i) written notice hand delivered or sent by
prepaid United States mail to the mailing address of a Unit or to any other mailing address designated
in writing by the Unit Owner or to the last known address of the intended recipient, or (ii) notice
through an Association publication which is hand delivered or sent by prepaid United States mail to
the Units; or(iii) notice delivered by electronic mail or facsimile to an Owner at the electronic mail
address or facsimile number designated by the Owner.
Section 25. Owner shall mean any person, corporation,partnership, association, contract
seller, or other legal entity or any combination thereof, including Declarant, who owns the record fee
simple interest in a portion of one or more Lots and shall include the purchaser under any executory
land sales contract wherein the Administrator of Veterans' Affairs is the seller, whether or not
recorded, and whether owned by said Administrator or his assigns. The term Owner shall include any
grantee, transferee, heir, successor, personal representative, executor, administrator, devisee, and
assign of any Owner but shall not refer to any Mortgagee as herein defined or other person or entity
4
having an ownership interest in any portion of a Lot merely as security for the performance of an
obligation,unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu
of foreclosure.
Section 26. Parcel shall mean each platted,numbered,and recorded division ofvacant land
as depicted on the Plat.
Section 27. Plat shall mean that part of this Declaration that is a land survey Plat recorded
in the real estate records of Weld County, Colorado, depicting any portion of the Property subject
to this Declaration.
Section 28. Project shall mean the common interest community created by this Declaration
and as shown on the Plat.
Section 29. Property shall mean the real property described in Exhibit A.
Section 30. Related User shall mean any member of the family of an Owner who resides
with such Owner, guests and invitees of an Owner, employees and agents of an Owner, and
occupants, tenants, and contract purchasers residing in a Unit.
Section 31. Rules and Regulations shall mean those rules and regulations as may be
adopted by the Board of Directors for the management, preservation, safety, control and orderly
operation of the Project and governing the use of the Common Elements provided, however, that
such Rules and Regulations shall be uniform and nondiscriminatory. Copies of all such Rules and
Regulations shall be furnished to Owners prior to the time that they become effective.
Section 32. Single Family shall mean an individual living alone, or any number of persons
living together as a single household who are interrelated by blood,marriage, adoption or other legal
custodial relationship; or not more than two (2)unrelated adults and any number of persons related
to those unrelated adults by blood, adoption, guardianship or legal custodial relationship.
Section 33. Successor Declarant shall mean any person or entity to whom Declarant
assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or
deed of record executed by both Declarant and the transferee or assignee and recorded with the Clerk
and Recorder.
Section 34. Supplemental Declaration shall mean an instrument which amends this
Declaration.
Section 35. Supplemental Plat shall mean a supplemental plat of the Project which depicts
any change in the Project through a Supplemental Declaration.
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Section 36. Undefined Terms. Each term not otherwise defined in this Declaration,
including the Plat, shall have the same meaning specified or used in the Act.
Section 37. Unit shall mean a physical portion of the common interest community which
is designated for separate ownership or occupancy as shown on the recorded Plat. Unit shall not
include any Common Elements including outlots.
ARTICLE II
NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION
Section 1. Name. The name of the Project is Cattail Creek. The Project is a planned
community pursuant to the Act.
Section 2. Existing Property. The real property which is and shall be held, transferred,
sold, conveyed, and occupied subject to this Declaration is located in Weld County, Colorado, and
is more particularly described on Exhibit A.
Section 3. Expansion Property. The real property which is and shall be held, transferred,
sold, conveyed, and occupied subject to this Declaration may not be expanded.
Section 4. Maximum Number of Units. Declarant reserves the right to create up to a
total of eight (8) Units.
Section 5. Identification of Units. The identification number of each Unit is shown on
the Plat.
Section 6. Description of Units. Each Unit presently consists of surveyed and platted
undeveloped vacant land.
Section 7. Allocation of Interests. The Common Expense liability and voting in the
Association are allocated to each Unit as follows:
a. The percentage ofliability for Common Expenses shall be determined by using
a formula in which the numerator is one(1) and the denominator is the total
number of Units subject to this original Declaration, or subject to this
Declaration from time to time; and
b. There shall be one (1) vote per Unit.
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ARTICLE III
MEMBERSHIP AND VOTING RIGHTS;
ASSOCIATION STRUCTURE AND OPERATIONS
Section 1. Association Name. The name of the Association shall be Cattail Creek
Homeowners Association, Inc.. Every Owner of a Unit shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of a Unit.
Section 2. Transfer of Membership. An Owner shall not transfer, pledge, or alienate
their membership in the Association in any way, except upon the sale or encumbrance of their Unit
and then only to the purchaser or Mortgagee of their Unit. The Association shall not create a right
of first refusal on any Unit and Owners may transfer ownership of their Units free from any such
right.
Section 3. Membership. The Association shall have one class of membership consisting
of all Owners, including the Declarant so long as Declarant continues to own an interest in a Unit.
Except as otherwise provided for in the Association Documents, each Member shall be entitled to
vote in Association matters as set forth in this Declaration and the Bylaws. Each Owner, including
Declarant while Declarant owns any Unit, is subject to all the rights and duties assigned to Owners
under the Association Documents.
Section 4. Voting. There shall be one vote per Unit.
Section 5. Declarant Control. Declarant shall be entitled to appoint and remove the
members of the Association' s Executive Board and officers of the Association to the fullest extent
permitted under the Act and as set forth in the Association Documents. The specific restrictions and
procedures governing the exercise of Declarant's right to so appoint and remove Directors and
officers are set out in the Articles and Bylaws of the Association. Declarant may voluntarily
relinquish such power by recording a notice executed by Declarant with the Clerk and Recorder but,
in such event, Declarant may at its option require that during the period Declarant would otherwise
be entitled to appoint and remove directors and officers, specified actions of the Association or the
Executive Board as described in the recorded notice be approved by Declarant before they become
effective.
Section 6. Books and Records. The Association shall make available for inspection, upon
request, during normal business hours or under other reasonable circumstances, to Owners and to
Mortgagees, current copies of the Association Documents and the books, records, and financial
statements of the Association prepared pursuant to the Bylaws. The Association may charge a
reasonable fee for copying such materials.
Section 7. Manager. The Association may employ or contract for the services of a
Manager to whom the Executive Board may delegate certain powers, functions, or duties of the
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Association, as provided in the Bylaws of the Association. The Manager shall not have the authority
to make expenditures except upon prior approval and direction by the Executive Board.
Section 8. Cooperation with Other Associations The Association shall have the right
and authority at any time, from time to time, to enter into agreements and otherwise cooperate with
other homeowner association(s)and/or any district(s),to share the costs and/or responsibility for any
maintenance, repaire, replacement or other matters, to perform maintenance, repair or replacement
for any person(s) in consideration of payment or reimbursement therefor, to utilize the same
contractors, subcontractors, managers or others who may perform services for the Association, any
other homeowner association(s) and/or any district(s), or to otherwise cooperate with any other
homeowner association(s) and/or any district(s) in order to increase consistency or coordination,
reduce costs, or as may otherwise be deemed appropriate or beneficial by the Executive Board in its
discretion from time to time. The costs and expenses for all such matters, if any, shall be shared or
apportioned between the Association and/or any other homeowner association(s) and/or any
district(s), as the Executive Board may determine in its discretion from time to time. Additionally,
the Association shall have the right and authority at any time, from time to time, to enter into
agreements and otherwise cooperate with any other homeowner association(s)and/or any district(s)
to collect assessments, other charges or other amounts which maybe due to such entity and to permit
any such entity to collect assessments, other charges or other amounts which may be due to the
Association; in any such instance, the Association shall provide for remittance to such entity of any
amounts collected by the Association or to the Association of any amounts collected by such entity.
Section 9. Rights of Action. The Association on behalf of itself and any aggrieved
Owner, shall be granted a right of action against any and all Owners for failure to comply with the
provisions of the Association Documents, or with decisions of the Executive Board made pursuant
to authority granted to the Association in the Association Documents. In any action covered by this
section, the Association or any Owner shall have the right, but not the obligation, to enforce the
Association Documents by any proceeding at law or in equity, or as set forth in the Association
Documents, or by mediation or binding arbitration if the parties so agree. The prevailing party in any
arbitration or judicial relief shall be entitled to reimbursement from the non-prevailing party or parties,
for all reasonable costs and expenses, including attorney fees in connection with such arbitration or
judicial relief. Failure by the Association or by any Owner to enforce compliance with any provision
of the Association Documents shall not be deemed a waiver of the right to enforce any provision
thereafter.
Section 10. Implied Rights and Obligations. The Association may exercise any right or
privilege expressly granted to the Association in the Association Documents, by the Act, and by the
Colorado Revised Nonprofit Corporation Act.
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ARTICLE IV
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
Section 1. Powers. Except as provided in the Bylaws and the Act, the Executive Board
may act in all instances on behalf of the Association, to:
a. Adopt and amend bylaws and rules and regulations and Architectural Design
Standards;
b. Adopt and amend budgets for revenues,expenditures and reserves,and collect
Assessments;
c. Hire and terminate managing agents and other employees, agents, and
independent contractors;
d. Institute, defend, or intervene in litigation or administrative proceedings in its
own name on behalf of itself or two or more Owners on matters affecting the
Project;
e. Make contracts and incur liabilities;
f. Regulate the use, maintenance, repair, replacement, and modification of
Common Elements, if any;
g. Cause additional Improvements to be made as a part of the Common
Elements, if any;
h. Acquire,hold, encumber,and convey in the name of the Association any right,
title, or interest to real or personal property, except that Common Elements,
if any, may be conveyed or subjected to a security interest only if Members
entitled to cast at least eighty percent (80%) of the votes agree to that action
and if all Owners of Units to which any Limited Common Element as defined
in the Act ("Limited Common Element"), is allocated agree to convey that
Limited Common Element or subject it to a security interest;
i. Grant easements, leases, licenses, and concessions through or over the
Common Elements, if any;
j. Annex additional property, pursuant to the terms of this Declaration, which
does not result in an increase in Annual Assessments of more than ten percent
(10%) per Owner;
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k. Impose and receive any payments, fees or charges for the use, rental, or
operation of the Common Elements, if any;
1. Impose charges for late payment of Assessments,recover reasonable attorney
fees and other legal costs for collection of Assessments and other actions to
enforce the power of the Association, regardless of whether or not suit was
initiated, and after Notice and opportunity to be heard, levy reasonable fines
for violations of the Association Documents;
m. Impose reasonable charges for the preparation and recordation of amendments
to the Declaration or statements of unpaid Assessments;
n. Provide for the indemnification of its officers and Executive Board and
maintain directors' and officers' liability insurance;
o. Assign its right to future income, including the right to receive Assessments;
p. Exercise any other powers conferred by the Declaration or Association
Bylaws;
q. Exercise all other powers that may be exercised in this state by legal entities
of the same type as the Association;
r. Delegate powers to a master association as provided in C.R.S. §38-33.3-220.
If powers are delegated to a master association, the executive board of the
master association must be elected pursuant to C.R.S. § 38-33.3-220.
s. Merge or consolidate the project with another common interest community
of the same form of ownership.
t. Exercise any other powers necessary and proper for the governance and
operation of the Association.
ARTICLE V
MECHANICS' LIENS
Section 1. No Liability. If any Owner shall cause any material to be furnished to their
Unit or any labor to be performed therein or thereon, no Owner of any other Unit shall under any
circumstances be liable for the payment of any expense incurred or for the value of any work done
or material furnished. All such work shall be at the expense of the Owner causing it to be done, and
such Owner shall be solely responsible to contractors, laborers, materialmen, and other persons
furnishing labor or materials to their Unit.
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Section 2. Indemnification. If, because of any act or omission of any Owner, any
mechanic's or other lien or order for the payment of money shall be filed against the Common
Elements, if any, or the Association (whether or not such lien or order is valid or enforceable as
such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost
and expense cause the same to be canceled and discharged of record or bonded by a surety company
reasonably acceptable to the Association,or to such other Owner or Owners,within twenty(20)days
after the date of filing thereof, and further shall indemnify and hold all the other Owners and the
Association harmless from and against any and all costs, expenses, claims, losses, or damages
including, without limitation, reasonable attorney fees resulting therefrom.
Section 3. Association Action. Labor performed or materials furnished for the Common
Elements, if any, if duly authorized by the Association in accordance with this Declaration or its
Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements, if any.
Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against
an individual Unit or Units.
ARTICLE VI
EASEMENTS
Section 1. Recorded Easements. The Property shall be subject to all easements as shown
on any Plat, those of record, those provided in the Act (including easements for encroachment set
forth in Section 214 of the Act and an easement for maintenance of any such encroachment), and
otherwise as set forth in this Article.
Section 2. Utility Easements. There is hereby created an easement as denoted on the Plat
for ingress and egress, installation, replacing, repairing and maintaining all utilities, including,but not
limited to water, sewer, gas, telephone, cable TV, electricity, drainage, and fences. Said easement
includes future utility services not presently available to the Units which reasonably may be required
in the future.By virtue of this easement, it shall be expressly permissible for the companies providing
utilities to erect and maintain the necessary equipment within such easement on any of the Units.
Section 3. Reservation of Easements, Exceptions and Exclusions. The Association is
hereby granted the right to establish from time to time, by declaration or otherwise, utility and other
easements, permits, or licenses over the Common Elements, if any, for the best interest of all the
Owners and the Association.Each Owner is hereby granted a perpetual non-exclusive right of ingress
to and egress from the Owner's Unit over and across the Common Elements, if any, and Limited
Common Elements, if any, appurtenant to that Owner's Unit, which right shall be appurtenant to the
Owner's Unit, and which right shall be subject to limited and reasonable restriction on the use of
Common Elements, if any, set forth in writing by the Association.
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Section 4. Use of Easement Area. Within reserved easements, as shown on recorded
Plats, or herein reserved, there shall be no structure, tree or shrub planting, or any other material
installation which may damage or interfere with the installation or maintenance of utilities such as
plumbed gas or water lines,wired electrical,cable television, or telephone utility lines. A Unit Owner
shall not alter, inhibit, or change the direction of water flow in drainage channels established in said
easements or in any way that discharges drainage onto adjacent Units. The easement area of each Unit
and all Improvements in it, including fences, shall be maintained continuously in good repair by the
Owner of said Unit, except for those Improvements for which a public utility shall be responsible. It
shall be the responsibility of the Unit Owner to notify with due speed the appropriate public utility
of any known flaws, defects, or damage to any utility Improvements on said Owners Unit.
Section 5. Emergency Access Easement. A general easement is hereby granted to all
police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter
upon the Property in the proper performance of their duties.
ARTICLE VII
MAINTENANCE
Section 1. Maintenance by Owners. Each Owner shall maintain and keep in repair his
Unit, landscaping, fencing and any structures or buildings thereon, including the fixtures thereof to
the extent current repair shall be necessary in order to avoid damaging other Units and to maintain
a good appearance for the Project. There is a drainage ditch on each side of the private road. Each
Owner shall be responsible for maintaining that portion of the drainage ditches on both sides of the
road directly in front of the Owner's Lot. The Owner of Lot 8 shall be responsible for the
maintenance of the drainage ditches north of Lot 7. Each Owner shall be responsible for the
maintenance of the area on the Lot that is an irrigation easement as shown on the Plat.
Section 2. Maintenance by Association. The Association shall be responsible for the
maintenance and repair of the Common Elements as shown on the Plat, including any drainage
structures or facilities and any fences constructed by Declarant and such maintenance and repair shall
be the Common Expense of all Owners. This maintenance of the Common Elements shall include,
but shall not be limited to, upkeep, repair and replacement of all landscaping, walls, fences, gates,
signage,irrigation systems,private streets, and Improvements located in the Common Elements. The
Association may, but shall not be obligated to, remove snow from the private street. In the event the
Association does not maintain or repair the Common Elements, Declarant shall have the right, but
not the obligation, to do so at the expense of the Association.
Section 3. Association Maintenance as Common Expense. The cost of maintenance
and repair by the Association shall be a Common Expense of all of the Owners,to be shared by each
Owner equally. If maintenance is necessitated by damage caused by the negligence, misuse, or
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tortuous act of an Owner or Owner's agent, then the person or Owner causing the damage shall be
responsible for the repair and expense.
ARTICLE VIII
INSURANCE
Section 1. General Insurance Provisions. The Association shall acquire and pay for,
out of the Assessments levied in accordance with this Declaration, any insurance policies required by
the Act and such other insurance as the Executive Board may, within its discretion, determine
desirable for the protection of the Common Elements,if any. Such insurance required by this Article
or the Act shall conform to the requirements set forth in C.RS.§38-33.3-313(4)(a)-(d)which are as
follows:
a. Each Unit Owner is an insured person under the policy with respect to liability
arising out of such Unit Owner's interest in the Common Elements or
membership in the Association.
b. The insurer waives its rights to subrogation under the policy against any Unit
Owner or member of his household.
c. No act or omission by any Unit Owner, unless acting within the scope of such
Unit Owner's authority on behalf of the Association, will void the policy or
be a condition to recovery under the policy.
d. If, at the time of a loss under the policy, there is other insurance in the name
of a Unit Owner covering the same risk covered by the policy, the
Association's policy provides primary insurance.
Section 2. Property and Commercial General Liability Insurance. Commencing not
later than the time of the first conveyance of a Lot to a person other than Declarant, the Association
shall maintain, to the extent reasonably available:
a. Insurance on Common Elements. Property insurance on the Common
Elements and also on property that must become Common Elements for broad
form covered causes of loss, except that the total amount of insurance must
be not less than the full insurable replacement cost of the insured property less
applicable deductibles at the time the insurance is purchased and at each
renewal date, exclusive of land, excavations, foundations, and other items
normally excluded from property policies.
b. Commercial General Liability Insurance. Commercial general liability
insurance in a minimum amount of one million dollars ($1,000,000.00) or
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otherwise larger amount deemed sufficient in the judgment of the Executive
Board against claims and liabilities arising in connection with the ownership,
existence, use, or management of the Common Elements, insuring the
Executive Board,the Association,the management agent,and their respective
employees, agents, and all persons acting as agents. The Declarant shall be
included as an additional insured in such Declarant's capacity as the Unit
Owner and board member. The Unit Owners shall be included as additional
insureds but only for claims and liabilities arising in connection with the
ownership, existence, use, or management of the Common Elements. The
insurance shall cover claims of one or more insured parties against other
insured parties.
Section 3. Fidelity Insurance. Fidelity insurance or fidelity bonds may be maintained by
the Association to protect against dishonest acts on the part of its officers, directors, trustees,
independent contractors, employees, and on the part of all others, including any Manager hired by
the Association, who handle or are responsible for handling the funds belonging to or administered
by the Association. In addition, if responsibility for handling funds is delegated to a Manager, such
insurance must be obtained by or for the Manager and its officers, employees, and agents, as
applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain
waivers of all defenses based upon the exclusion of persons serving without compensation from the
definition of"employees" or similar terms or expressions. Such fidelity bonds shall be a minimum of
an amount equal to three (3) months Assessments plus replacement reserves.
Section 4. Workers' Compensation Insurance. The Executive Board shall obtain
workers' compensation or similar insurance with respect to its employees, if applicable, in the
amounts and forms as may now or hereafter be required by law.
Section 5. Notice. If any insurance required by this Article is not reasonably available,
or if any policy of such insurance is canceled or not renewed without a replacement policy therefore
having been obtained, the Association promptly shall cause notice of that fact to be hand delivered
or sent prepaid by United States mail to all Unit Owners.
Section 6. Common Expenses. Premiums for insurance that the Association acquires
and other expenses connected with acquiring such insurance are Common Expenses.
Section 7. Other. An insurance policy issued to the Association does not obviate the
need for Owners to obtain insurance for their own benefit.
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ARTICLE IX
ASSESSMENTS
Section 1. Obligation. Each Owner, including Declarant while an Owner of any Unit,
is obligated to pay to the Association: (i)the Annual Assessments; (ii) Special Assessments; and(iii)
Default Assessments.
Section 2. Budget. Within ninety(90) days after the adoption of any proposed budget
for the Common Interest Community, the Executive Board shall mail, by ordinary first-class mail, or
otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the
Owners to consider the budget. Such meeting shall occur within a reasonable time after mailing or
other delivery of the summary, or as allowed for in the Bylaws. The Executive Board shall give
notice to the Owners of the meeting as allowed for in the Bylaws. The budget proposed by the
Executive Board does not require approval from the Owners and it will be deemed approved by the
Owners in the absence of a veto at the noticed meeting by a majority of all Owners, whether or not
a quorum is present. In the event that the proposed budget is vetoed, the periodic budget last
proposed by the Executive Board and not vetoed by the Owners must be continued until a subsequent
budget proposed by the Executive Board is not vetoed by the Owners.
Section 3. AnnualAssessments. Annual Assessments made for Common Expenses shall
be based upon the estimated cash requirements as the Executive Board shall from time to time
determine to be paid by all of the Owners. Estimated Common Expenses shall include, but shall not
be limited to, the cost of routine maintenance and operation of the Common Elements, if any,
expenses of management and insurance premiums for insurance coverage as deemed desirable or
necessary by the Association, landscaping of the Property, care of grounds within the Common
Elements, if any, routine repairs,replacements and renovations within and of the Common Elements,
if any, wages, common water and utility charges for the Common Elements, if any, legal and
accounting fees, management fees, expenses and liabilities incurred by the Association under or by
reason of this Declaration, payment of any default remaining from a previous Assessment period, and
the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance
deductibles and general, routine maintenance, repairs and replacement of Improvements within the
Common Elements, if any, on a periodic basis, as needed.
Annual Assessments shall be payable in monthly installments or on such other dates as the
Executive Board determines. The omission or failure of the Association to fix the Annual
Assessments for any Assessment period shall not be deemed a waiver, modification, or release of the
Owners from their obligation to pay the same. The Association shall have the right, but not the
obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses
incurred in any fiscal year.
Section 4. Apportionment of Annual Assessments. The Common Expenses shall be
allocated among the Lots on the basis of the allocated interest for Common Expenses in effect on the
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date of Assessment,provided however that the Association reserves the right to allocate all expenses
related to fewer than all of the Lots to the Owners of those affected Lots only. Notwithstanding the
foregoing, the amount of Annual Assessment against Lots on which a certificate of occupancy has
not been issued may be set at a lower rate than the rate of Annual Assessment against those Lots on
which a certificate of occupancy has been issued pursuant to C.R.S. § 38-33.3-315(3)(b), as
amended, since such Lots do not receive certain benefits including the same services as other Lots.
The lower rate of Assessment against such Lots shall be determined by the Board based upon the
costs and expenses of the services actually provided to such Lots.
Section 5. Special Assessments. In addition to the Annual Assessments,the Association
may levy in any fiscal year one or more Special Assessments, payable over such a period as the
Association may determine, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of Improvements within the
Common Elements, if any, or for any other expense incurred or to be incurred as provided in this
Declaration. This Section shall not be construed as an independent source of authority for the
Association to incur expense, but shall be construed to prescribe the manner of assessing expenses
authorized by other sections of this Declaration. Any amounts assessed pursuant to this Section shall
be assessed to Owners according to their allocated interests for Common Expenses, subject to the
right of the Association to assess only against the Owners of affected Units any extraordinary
maintenance, repair or restoration work on fewer than all of the Units which shall be borne by the
Owners of those affected Units only, and any extraordinary insurance costs incurred as a result of the
value of a particular Owner's Unit or the actions of a particular Owner(or his agents, servants,guests,
tenants or invitees) shall be borne by that Owner. Notice in writing of the amount of such Special
Assessments and the time for payment of the Special Assessments shall be given promptly to the
Owners, and no payment shall be due less than ten (10) days after such notice shall have been given.
Section 6. Default Assessments. All monetary fines assessed against an Owner pursuant
to the Association Documents, or any expense of the Association which is the obligation of an Owner
or which is incurred by the Association on behalf of the Owner pursuant to the Association
Documents, shall be a Default Assessment and shall become a lien against such Owner's Unit which
may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and
due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least
ten (10) days prior to the due date.
Section 7. Effect of Nonpayment; Assessment Lien. Any Assessment installment,
whether pertaining to any Annual, Special, or Default Assessment, which is not paid on or before its
due date shall be delinquent. If an Assessment installment becomes delinquent,the Association, in its
sole discretion, may take any or all of the following actions:
a. Assess a late charge for each delinquency in such amount as the Association
deems appropriate;
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b. Assess an interest charge from the due date at the yearly rate of eighteen
percent (18%), or such other lawful rate as the Executive Board may
establish;
c. Suspend the voting rights of the Owner during any period of delinquency;
d. Suspend the rights of the Owner, and the Owner's family, guests, lessees, and
invitees,to use Common Element facilities during any period of delinquency;
e. Accelerate all remaining Assessment installments so that unpaid Assessments
for the remainder of the fiscal year shall be due and payable at once;
f. Bring an action at law against any Owner personally obligated to pay the
delinquent Assessments; and
g. Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Unit shall constitute a lien on such Unit. The Association may
institute foreclosure proceedings against the defaulting Owner's Unit in the manner for foreclosing
a mortgage on real property under the laws of the State of Colorado. In the event of any such
foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and
interest thereon,the cost and expenses of such proceedings,the cost and expenses for filing the notice
of the claim and lien, and all reasonable attorney fees incurred in connection with the enforcement of
the lien. The Association shall have the power to bid on a Unit at foreclosure sale and to acquire and
hold, lease, mortgage, and convey the same. Liens for Assessments and their priority shall be as
provided in C.R.S. § 38-33.3-316.
Section 8. Personal Obligation. Each Assessment against a Unit is the personal
obligation of the Owner of the Unit at the time the Assessment became due and shall not pass to
successors in title unless they agree to assume the obligation. No Owner may exempt himself from
liability for the Assessment by abandonment of his Unit or by waiver of the use or enjoyment of all
or any part of the Common Elements, if any. Suit to recover a money judgment for unpaid
Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, and all
reasonable attorney fees in connection therewith shall be maintainable without foreclosing or waiving
the Assessment lien provided in this Declaration.
Section 9. Payment by Mortgagee. Any Mortgagee holding a lien on a Unit may pay any
unpaid Assessment payable with respect to such Unit, together with any and all costs and expenses
incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Unit
for the amounts paid with the same priority as the lien of the Mortgage.
Section 10. Statement of Status of Assessment Payment. Upon payment of a reasonable
fee set from time to time by the Executive Board, the Association shall furnish to a Unit Owner or
such Unit Owner's designee or to a holder of a security interest or its designee upon written request,
17
delivered personally or by certified mail, first-class postage prepaid, return receipt, to the
Association's registered agent or Manager, a written statement setting forth the amount of unpaid
Assessments currently levied against such Owner's Unit. The statement shall be furnished within
fourteen (14) calendar days after receipt of the request and is binding on the Association, the
Executive Board, and every Unit Owner. If no statement is furnished to the Unit Owner or holder
of a security interest or his or her designee, delivered personally or by certified mail, first-class
postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no
right to assert a lien upon the Unit for unpaid Assessments which were due as of the date of the
request.
Section 11. Maintenance ofAccounts;Accounting. If the Association delegates powers
of the Executive Board or its officers relating to collection, deposit, transfer, or disbursement of
Association funds to other persons or to a Manager, then such other persons or Manager must: (i)
maintain all funds and accounts of the Association separate from the funds and accounts of other
associations managed by the other person or Manager; (ii) maintain all reserve and working capital
accounts of the Association separate from the operational accounts of the Association, and (iii)
provide to the Association an annual accounting and financial statement of Association funds
prepared by the Manager, a public accountant, or a certified public accountant.
ARTICLE X
RESERVED SPECIAL DECLARANT RIGHTS
Section 1. Special Declarant Rights. Declarant reserves the Special Declarant Rights
as defined from time to time in the Act, including without limitation,the right or combination of rights
as follows:
a. To complete any Improvements indicated on the Plat;
b. To maintain sales offices, management offices, model homes, and signs
advertising the common interest community;
c. To use easements through the Common Elements and Lots for the purpose
of making Improvements within the common interest community;
d. To appoint or remove any officer of the Association or any Executive Board
member during any period of Declarant control.
Section 2. Construction: Declarant's Easement. Declarant reserves the right to
perform warranty work, repairs and construction in Units and Common Elements,to store materials
in secure areas, and to control and have the right of access to work and make repairs until
completion. All work may be performed by Declarant without the consent or approval of the
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Executive Board. Declarant has an easement through the Common Elements as may be reasonably
necessary for the purpose of discharging Declarant's obligations or exercising Special Declarant
Rights, whether arising under the Act or reserved in this Declaration. This easement includes the
right to convey access, utility, and drainage easements to a governmental entity.
Section 3. Declarant's Property. Declarant reserves the right to remove and retain all
its property used in the sales, management, construction, and maintenance of the property, whether
or not they have become fixtures.
Section 4. Limitations on Special Declarant Rights. Unless terminated earlier by a
document executed by Declarant and recorded in the real estate records of Weld County, Colorado,
any reserved Development Rights and Special Declarant Rights may be exercised by Declarant, as
long as Declarant: (a)is obligated under any warranty or obligation; (b) holds a Development Right
to create additional Units or Common Elements; (c) owns any Unit; (d) owns any security interest
in any Unit; or (e) ten (10) years have elapsed after recording of this Declaration in the real estate
records of Weld County, Colorado. Earlier termination of certain rights may occur in accordance
with the Act.
Section 5. Interference With Special Declarant Rights.While the Declarant is entitled
to exercise its Special Declarant Rights, neither the Association nor any Unit Owner may take any
action or adopt any rule that will interfere with or diminish any Special Declarant Right without the
prior written consent of Declarant and any entity to whom Special Declarant Rights have been
assigned.
Section 6. Rights Transferable. Any Special Declarant rights or other Declarant rights
created or reserved under this Declaration may be transferred by an instrument evidencing the transfer
recorded in Weld County, Colorado. Such instrument shall be executed by the transferor,Declarant,
and the transferee.
ARTICLE XI
ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS
Section 1. Association Power. The Association shall have the right and power to prohibit
any activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and
perceptible from another Unit or the Common Elements, if any, by promulgating Rules and
Regulations which restrict or prohibit such activities.
Section 2. Review. No buildings, structures or other Improvements including fences and
landscaping shall be constructed, modified or altered unless first approved in writing by the
Architectural Review Committee. The Architectural Review Committee shall exercise reasonable
judgment to the end that all buildings, structures, modifications, alterations, or additions to the Units
19
conform to and harmonize with existing surroundings and structures. The Architectural Review
Committee has the absolute right to deny any requested buildings, structures, modifications,
alterations, or additions which the Architectural Review Committee reasonably determines do not
conform to and harmonize with existing surroundings and structures.
Section 3. Membership of Architectural Review Committee. The Architectural Review
Committee shall consist of three (3) members, all of whom shall be appointed by Declarant.
Declarant shall have the continuing right to appoint all three(3) members during the Appointment
Period(as hereafter defined). The Association shall have the right to appoint such members after the
end of the Appointment Period. The "Appointment Period" shall mean the period of time
commencing as of the date of recordation of this Declaration and continuing until the earliest to occur
of the following events: (a) when all Units in the Project have been conveyed to persons other than
Declarant and certificates of occupancy have been issued for the residences constructed thereon; (b)
ten (10) years after the date this Declaration is recorded; or (c) when, in its discretion, Declarant
voluntarily relinquishes such right. During the Appointment Period,Declarant shall not be obligated
to appoint members to the Architectural Review Committee. In such event,Declarant or Declarant's
designated representative shall exercise all rights and obligations of the Architectural Review
Committee as set forth in this Article. Members of the Architectural Review Committee may but shall
not necessarily be members of the Association. Members of the Architectural Review Committee to
be appointed by the Association shall be appointed by the Executive Board. Members of the
Architectural Review Committee appointed by the Executive Board may be removed at any time by
the Board, and shall serve for such term as may be designated by the Executive Board, or until
resignation or removal by the Board. During the Appointment Period, Declarant shall give the
Association written notice of the appointment or removal of any member of the Architectural Review
Committee. After the Appointment Period, the Association may at any time and from time to time
change the authorized number of members of the Architectural Review Committee,but the number
of members of the Architectural Review Committee shall not be less than three (3). A majority of
the Architectural Review Committee shall constitute a quorum of the Committee, and a majority of
Committee members present at any meeting where a quorum is present shall be required for
Committee action. Notice of all Architectural Review Committee meetings shall be furnished to each
member of the Committee.
Section 4. Plan Review Procedure. Prior to commencement of any onsite work, the
Owner or such Owner's designated representative(hereinafter referred to as"Applicant")must obtain
the written approval of the Architectural Review Committee.
a. Plan Submittal. The Applicant must submit to the Architectural Review
Committee the following minimum items(in addition to other items which the
Architectural Review Committee deems necessary or advisable for it to act
under the circumstances):
(i) Site plan;
(ii) Complete construction plans;
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(iii) Specifications, including color schemes and material samples for the
building, addition or alteration; and
(iv) Payment in full of all anticipated costs as set forth below.
b. Plan Approval. Upon receipt by the Architectural Review Committee of all
items set forth above, the Architectural Review Committee shall thereafter
have thirty (30) days to furnish Applicant with written notice of approval or
rejection of the plans as submitted. If rejected, the Architectural Review
Committee shall furnish a written explanation of the basis for its rejection and
shall, if practical, furnish suggested modifications which would render the
plans acceptable, subject to resubmission for review and approval upon
completion of any such modifications. The Architectural Review Committee
may condition its approval upon certain modifications being made to the
plans, in which event such plans shall be deemed approved only upon
submission to the Architectural Committee of one (1) complete set of all
revised plans fully incorporated and reflecting all such required modifications.
c. Failure to Respond. If for any reason the Architectural Review Committee
has not responded to the Applicant in writing within the thirty(30)day period
as provided above, the Applicant shall notify the Architectural Review
Committee of such failure in writing by certified mail, return receipt
requested. Thereafter, unless the Architectural Review Convnittee furnishes
written notice of approval or rejection as required above within fifteen (15)
days following receipt of said notice from the Applicant, the plans as
submitted shall be deemed approved. In the event the Architectural Review
Committee has notified Applicant of the necessity of submitting additional
documentation,the thirty(30)day and fifteen(15)day periods set forth above
shall not begin until Applicant has submitted all required documentation.
Section 5. Notice of Completion. Upon completion of the construction,modification or
alteration of any Improvements,the Applicant shall furnish written notice to the Architectural Review
Committee of same. Thereafter, the Architectural Review Committee or its designee shall have the
right to inspect the Improvements to assure compliance with the approved plans and the Applicant
shall cooperate with the Architectural Review Committee or its designee to arrange the inspection.
If the Applicant fails or refuses to permit such inspection, or if upon inspection it is determined that
such Improvements do not comply with the approved plans,the Architectural Review Committee may
furnish Applicant with written notice of noncompliance and exercise all remedies permitted herein,
at law or in equity.
Section 6. Remedies Upon Noncompliance. If at any time the Architectural Review
Committee determines an Owner or Applicant is not in compliance with the Architectural Design
Standards or approved plans, including without limitation the failure to submit plans for approval
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•
prior to commencing any onsite work, the Architectural Review Committee shall furnish notice of
noncompliance to the Owner. Upon such notice, the Owner shall immediately cease all work other
than is required to bring the Improvements into compliance. If the Owner fails to immediately cease
all such work, or fails to bring the Improvements into such compliance within a reasonable period of
time not exceeding thirty (30) days, the Architectural Review Committee and the Association shall
have all rights and remedies available pursuant to this Declaration, at law or in equity. Such rights
and remedies include but are not limited to the following:
a. Injunctive Relief. The Architectural Review Committee and the Association
may seek appropriate injunctive relief in order to compel the Owner to cease
all work and bring the Improvements into compliance or authorize the
Architectural Review Committee or the Association to undertake all steps and
actions, on the Owner's behalf and expense. Said expense shall be a personal
obligation of the Owner and a charge and lien against said Owner's Unit as
with Assessments as provided herein.
b. Damages,Costs,and Attorney Fees. The Architectural Review Committee
and the Association may recover from the Owner all damages, costs, and
attorney fees suffered or incurred in connection with the existence or remedy
of any Improvements found by a court of competent jurisdiction to be in
noncompliance with this Declaration, the Architectural Design Standards or
approved plans, as applicable. Said damages, costs, and attorney fees shall be
a personal obligation of the Owner and a charge and lien against said Owner's
Lot as with Assessments as provided herein.
Section 7. Authority to Hire,Assess Costs,and Raise Funds. The Architectural Review
Committee has the authority to hire or retain such professionals or other persons as it deems neces-
sary for the purposes described herein. The Architectural Review Committee shall also have the
power to require the Owner submitting matters to it for approval to pay reasonably necessary costs
of the submission prior to their review and as a necessary condition thereof. Any excess funds shall
be returned, but the submitting Owner shall remain liable to pay any additional expense(s) if
prepayment is insufficient.
Section 8. Records. The Architectural Review Committee shall maintain written records
of all applications submitted to it and all actions taken thereon.
Section 9. Restrictions on Use. Use and enjoyment of each Unit shall be subject to the
following restrictions and such additional restrictions as are adopted by the Owners holding not less
than seventy-five percent (75%) of the votes possible to be cast under this Declaration:
a. Land Use. No Unit or portion thereof shall be used for any purpose other
than a Single Family residence. No group housing or board and care homes
shall be permitted.
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b. No Further Subdivision. No Unit or any building shall be further subdivided
or separated into smaller units by any Owner, and no portion less than all of
any such Unit or building or any easement or other interest therein shall be
conveyed or transferred by an Owner, provided that this shall not prohibit
deeds of correction, deeds to resolve boundary line disputes, and similar
corrective instruments.
c. Nuisances. No noxious or offensive activity shall be carried on upon any
Unit, nor shall any thing be done thereon which may become an annoyance to
the neighborhood. No annoying light, sound, or odor shall be emitted from
any Unit onto any other Unit(s)which can be considered offensive or intrusive
to other Unit Owners or occupants.
d. Temporary Structures. No structures of a temporary character such as
trailers, mobile homes, tents, shacks, garages, barns, or other outbuildings
shall be used on any Unit at any time as a residence either temporarily or
permanently.
e. Accessory Buildings. No accessory buildings, storage barns, or sheds shall
be constructed or moved onto any Unit without written consent of the
Architectural Review Committee. Said structures shall not be unreasonably
prohibited so long as full consideration is given to architectural integration of
materials, colors, and placement on the property.
f. Move and Set Structures. All structures within the Project shall be new
construction and no previously erected building, structure, or Improvement
shall be moved and set upon any Unit from any other location. Modular
homes, factory-built homes, and mobile homes are not permitted. Exceptions
may be made for prefabricated storage buildings with written approval of the
Architectural Review Committee.
g. Signs. No sign of any kind shall be displayed to the public view on any Unit
except as specifically permitted by the Association.
h. Oil, Gas, and Mining. No oil drilling, oil development operations, oil
refining, quarrying, or mining operations of any kind shall be permitted upon,
in or under any Unit. Nor shall any oil wells, tanks, tunnels, mineral
excavations, or shafts be permitted upon any Unit. No derrick or other
structures designed for use in boring for oil or natural gas shall be erected,
maintained, or permitted on any Unit.
Animals, Livestock and Poultry. No animals, livestock, or poultry of any
kind shall be raised, bred, or kept on any Unit, except for dogs, cats, or other
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r-
household pets, provided that they are not kept, bred, or maintained for any
commercial purposes and do not constitute a nuisance. No more than two(2)
dogs and two (2) cats may be kept on any Unit. Notwithstanding the
foregoing,the Association may adopt Rules and Regulations permitting horses
on the property subject to the Ordinances of Weld County. Animals shall not
be permitted to roam onto other Units. No animals shall be allowed on the
Common Elements except in strict compliance with Rules and Regulations
adopted by the Association. The Owners of a Unit shall be responsible for
any damage or injury caused by any animals owned or kept by the Owners.
Without limiting the foregoing,continuous and/or frequent barking or howling
by dogs is hereby defined as a nuisance.
j. Garbage and Refuse Disposal. No Unit shall be used or maintained as a
dumping ground for rubbish,trash, or garbage. Trash,garbage, or other waste
shall not be kept except in sanitary and secure containers. All containers shall
be kept in a clean and sanitary condition and shall not be kept in public view
except during the scheduled day of pick up.
k. Storage of Materials. Storage of materials shall be done in accordance with
the following provisions:
(i) No occupant or Owner of any Unit shall store or permit to be stored
or to accumulate,upon any Unit, any debris, any piles of manure,piles
of dirt, machinery or equipment or any part thereof, old or rusted
pieces of metal, rubber or any type of junk, or other miscellaneous
items unless concealed from public and neighbor views within an
enclosed structure.
(ii) Storage of building materials is permitted only to facilitate continuous
building projects in progress. Unit Owners shall supervise and assure
secure storage of all building materials during construction to prevent
damage to other structures or littering throughout neighborhood as a
result of heavy winds.
(iii) No tanks for the storage of gas, fuel, oil or other flammable materials
shall be erected, placed, or permitted above or below the surface of
any Unit. Any firewood pile shall be screened and located within the
confines of a privacy fence approved by the Architectural Review
Committee.
1. Hazardous Activities. No activities shall be conducted on any Unit which
are or might be unsafe or hazardous to any person or any property. No
firearms shall be discharged upon any Unit and no open fires shall be lighted
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or permitted on any Unit except in a contained barbecue unit while attended
and in use for cooking purposes or within an interior approved fireplace. No
burning of trash, leaves, or other materials shall be allowed. The storage of
any type of explosive devices, compounds, chemicals, or materials is
prohibited.
m. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle
Storage and Repair. No more than two of the following may be parked on
a Lot except in an enclosed building: motor vehicles, motor cycles, motor
homes, campers, trailers, recreational vehicles, tractors and equipment. All
of the above must be operable and, if applicable, properly licensed. No
tractor-trailers or semi-trucks may be parked on a Lot at anytime. Except as
set forth above nothing else shall be parked or stored on a Lot except in and
enclosed building unless specifically permitted by Rules and Regulations
adopted by the Association. No motor vehicles, motor cycles, motor homes,
campers,trailers,recreational vehicles,tractors,and equipment shall be stored
or parked for more than 72 hours on any street within the Project. No
tractor-trailer or semi-truck shall be allowed at any time on any street in the
Project except for delivery of materials during construction or moving vans,
while being used to move personal property to or from a Lot. Nothing
contained herein shall prevent the Owner or Owners of any Lot from storing
any of said vehicles(except tractor-trailers or semi-trucks)in a garage on their
Lot. No automotive repairs shall be done on any street, or Lot which may be
seen from the view of adjacent properties. The restrictions set forth above
shall not restrict the parking of trucks or other commercial vehicles for a
reasonable time upon a Lot,which vehicles are necessary for the construction
of a building on said Lot.
n. Antennas. No exterior radio antennas,television antennas, or other antennas
may be erected unless approved in writing by the Architectural Review
Committee. Any facility for the transmission or reception of audio or visual
signals shall be kept and maintained, to the extent reasonably possible,
underground or within an enclosed structure. Notwithstanding the foregoing,
neither the restrictions nor the requirements of this Section shall apply to
those antennas (which may include some satellite dishes and other devices)
that are specifically covered by the Telecommunications Act of 1996, as
amended from time to time. As to antennas which are specifically covered by
the Telecommunications Act of 1996, as amended, the Committee shall be
empowered to adopt rules and regulations governing the types of antennas
that are permissible hereunder, and to the extent permitted by the
Telecommunications Act of 1996, as amended, establishing reasonable, non-
discriminatory restrictions relating to appearance, safety, location, and
maintenance.
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o. Home Occupations/Businesses. The conduct of a home occupation or
business within the Project is prohibited unless the following requirements are
met: home occupations or businesses must be conducted inside the residence
and not occupy more than fifteen percent(15%) of the total floor area of the
residence. Home occupations or businesses must be conducted only by the
residents of said dwelling with no nonresidents employed at the residence. No
retail sales shall be conducted on the Lot or in public view. Home
occupations or businesses must be conducted within the scope of the zoning
ordinances of Weld County. Customer visits must be limited to an occasional
frequency. Customer parking must be in the driveway or immediately in front
of the residence. There shall be no evidence of a home occupation or business
from the outside of the residence.
P. Clothes Lines and Dog Runs. No clothes lines shall be located on any Lot
and dog runs must first be approved by the Architectural Review Committee.
q. Maintenance and Repair of Landscaping and Improvements:
Maintenance and repair of landscaping and Improvements shall be subject to
the following provisions:
(i) Each Owner shall provide prudent and regular exterior maintenance
upon each Unit including painting, repairs and/or replacement of
roofs, gutters, downspouts, exterior building surfaces, trees, shrubs,
grass and other landscaping, fences, walks, driveways and other
surfaces, and all other exterior Improvements to maintain the value of
said property. Owners shall comply with mandatory landscaping
requirements as set forth in the Architectural Design Standards
adopted by and available from the Architectural Review Committee.
Unit Owners shall not allow weeds or other unsightly vegetation on
unimproved Units to exceed twelve inches in height.
(ii) Failure to maintain: In the event an Owner of any Unit in the Project
shall fail to maintain the premises and the Improvements thereon as
provided herein, the Association or the Architectural Review
Committee, after Notice to the Owner and a reasonable opportunity
for the Owner to perform all necessary work, may undertake such
work on behalf of and at the Owner's expense. Any such expense
shall be reimbursed to the Association or Architectural Review
Committee within thirty(30) days of the furnishing of Notice to such
Owner that such reimbursement is owed, together with costs of
collection thereof attorney fees,and interest thereon. Said obligation
shall be a personal obligation of the Owner and a charge and lien
against each Owner's Unit as provided herein for Assessments.
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r. Non-Owner Occupants. All covenants, restrictions, rules, regulations, and
provisions of this Declaration shall be binding on non-Owner occupants
without exception.Property Owners who lease their property shall be required
to furnish to lessees copies of this Declaration along with a written lease
referencing this Declaration; leasing or being absent from the property shall
not release property Owners from liabilities and responsibilities described
herein.
s. Water and Sewer. No individual water supply system or sewage disposal
system shall be permitted on any Unit unless it is in compliance with all state
and county health regulations and approved by the Weld County Department
of Public Health and Environment. All dwellings must attach to a public
water source. Leach fields must be designed by a licensed engineer. Space
for two septic systems must be reserved and maintained by each lot owner.
All activities such as landscaping and construction are expressly prohibited in
any designated absorption field site.
t. No Violation of Law. Nothing shall be done or kept in or on any portion of
the Project by a Unit Owner or occupant which would be in violation of any
statute, rule, ordinance,regulation, permit, or validly imposed requirement of
any governmental body having jurisdiction over the Project. The Association
shall have no duty or obligation to enforce any such statute, rule, ordinance,
regulation, permit or validly imposed requirement.
u. Fencing. No fencing of any type shall be constructed by any Lot Owner on
any Lot within the Project without prior approval in writing by the
Architectural Review Committee. All fencing, except dog runs, shall
reasonably match the fencing installed on the Common Elements.
v. No Imperiling of Insurance. Nothing shall be done or kept in or on any
portion of the Project which might result in an increase in the premiums with
respect to insurance obtained for all or any portion of the Project or which
might cause cancellation of such insurance, except with the prior written
consent of the Architectural Review Committee.
w. Architectural Design Standards. The minimum Architectural Design
Standards for the Project are set forth in Exhibit B attached hereto and made
a part hereof The Architectural Review Committee has the power and
authority to make additional requirements for any residential construction or
reconstruction within the Project. The Architectural Review Committee may
modify or amend the Architectural Design Standards so long as such
modifications and amendments are consistent with this Declaration. During
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the period of Declarant's reserved Rights, the minimum standards set forth
in Exhibit B cannot be altered without Declarant's approval.
x. Underground Lines. All electric, television, telephone, and other lines
running from any property line of a Lot to a residence or other structure shall
be placed underground.
y. Trash Burning. Trash,leaves,and other similar materials shall not be burned
within the Project.
z. Drainage. No Owner shall change the topography or drainage pattern of a
Lot including, not by limitation, any drainage easement areas, from the
topography or drainage pattern established by the Declarant unless such
change is approved by the Architectural Review Committee. Any Owner who
in any way materially modifies the topography or drainage pattern of a Lot
without such consent shall be liable for any and all damages stemming
therefrom, and may be required to return such topography or drainage
patterns to their original state. If any Owner fails to fully abide by this
provision, the Association or the Architectural Review Committee, after
Notice to the Owner and a reasonable opportunity to perform all necessary
work restoring drainage patterns, may undertake such work on behalf of and
at the Owner's expense. Any such expense shall be reimbursed to the
Association or Architectural Review Committee within thirty(30)days of the
furnishing ofNotice to such Owner that such reimbursement is owed,together
with costs of collection thereof, attorney fees, and interest thereon. Said
obligation shall be a personal obligation of the Owner and a charge and lien
against each Owner's Lot as provided herein for Assessments.
Section 10. Waivers;No Precedent. The approval or consent ofthe Architectural Review
Committee or any representative thereof, or of the Board of Directors, to any application for
architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny
approval or consent by the Committee or any representative thereof, or by the Board of Directors,
as to any application or other matters whatsoever as to which approval or consent may subsequently
or additionally be required. Nor shall any such approval or consent be deemed to constitute a
precedent as to any other matter.
ARTICLE XII
MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers, or guarantors of First
Mortgages on Units. To the extent permitted under Colorado law and applicable, necessary or
28
proper, the provisions of this Article apply to this Declaration and also to the Articles, Bylaws, and
Rules and Regulations of the Association.
Section 1. Distribution of Insurance or Condemnation Proceeds. In the event of a
distribution of insurance proceeds or condemnation awards allocable among the Units for losses to,
or taking of, all or part of the Common Elements, neither the Owner nor any other person shall take
priority in receiving the distribution over the right of any Mortgagee who is a beneficiary of a First
Mortgage against the Unit.
Section 2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages
against Units may jointly or singularly, pay taxes or other charges which are in default and which may
or have become a charge against any Common Elements, and may pay overdue premiums on hazard
insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such
Common Elements, and Mortgagees making such payments shall be owed immediate reimbursement
therefor from the Association.
Section 3. Audited Financial Statement. Upon written request from any Agency or
Mortgagee which has an interest or prospective interest in any Unit or the Project, the Association
shall prepare and furnish within ninety(90)days an audited financial statement of the Association for
the immediately preceding fiscal year, at the expense of such Mortgagee or Agency.
Section 4. Notice of Action. Any First Mortgagee and any Agency which holds, insures,
or guarantees a First Mortgage, upon written request to the Association (which shall include the
Agency's name and address and the Unit number), will be entitled to timely written notice of:
a. Any proposed termination of the common interest community;
b. Any condemnation loss or any casualty loss which affects a material portion
of the Project or which affects any Unit on which there is a First Mortgage
held, insured, or guaranteed by such Agency;
c. Any delinquency in the payment of Assessments owed by an Owner subject
to the Mortgage where such delinquency has continued for a period of sixty
(60) days;
d. Any lapse, cancellation, or material modification of any insurance policy
maintained by the Association pursuant to this Declaration.
Section 5. Action by Mortgagee. If this Declaration or any Association Documents
require the approval of Mortgagees, then if any Mortgagee fails to respond to any written proposal
for such approval within thirty(30) days after such Mortgagee is given proper notice of the proposal
(or such longer time as may be set forth in the notice), such Mortgagee shall be deemed to have
29
approved such proposal provided that the notice was delivered to the Mortgagee by certified or
registered mail, return receipt requested.
ARTICLE XIII
DURATION OF COVENANTS AND AMENDMENT
Section 1. Term. The covenants and restrictions of this Declaration shall run with and
bind the land in perpetuity.
Section 2. Amendment. Except in cases of amendments that may be executed by the
Declarant or the Association under the Act, this Declaration, or any provision of it, may be amended
only by vote or agreement of Owners holding not less than seventy-five percent(75%) of the votes
possible to be cast under this Declaration.
Section 3. Declarant Rights. To the extent permitted under the Act, provisions in this
Declaration reserving or creating Special Declarant Rights may not be amended without the consent
of Declarant.
Section 4. Execution of Amendments. Any amendment must be executed by the
President of the Association and recorded, and approval of such amendment may be shown by
including within or attaching a certificate of the Secretary of the Association to the recorded
instrument certifying the approval of a sufficient number of Owners of the amendment.
Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right and power to
modify and amend this Declaration and the Plat to the fullest extent permitted under the Act and this
Declaration.
Section 5. Revocation. This Declaration will not be revoked nor shall the common
interest community created hereby be terminated (except as provided above regarding total
destruction and/or total condemnation), without the consent of the Owners to which at least seventy-
five percent (75%) of the votes in the Association are allocated evidenced by a written instrument
duly recorded with the Clerk and Recorder.
ARTICLE XIV
GENERAL PROVISIONS
Section 1. Restriction on Declarant Powers. Notwithstanding anything to the contrary
herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or
permissible extent of such rights or powers as restricted under the Act. Any provision in this
30
Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such
provision as a whole but shall be adjusted as is necessary to comply with the Act.
Section 2. Enforcement. Except as otherwise provided in this Declaration,the Executive
Board, Declarant, Architectural Review Committee, or any Owner shall have the right to enforce,by
a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive
Board of the Association, Declarant, Architectural Review Committee, or by any Owner to enforce
any restriction, condition, covenant, reservation, lien, or charge now or hereafter imposed by the
provisions of this Declaration shall in no event be deemed a waiver of the right to do so thereafter.
Section 3. Registration of Mailing Address. Each Owner and each security interest
holder, insurer, or guarantor of a security interest, shall register their mailing address with the
Association. All notices, demands, or other notices intended to be served upon the Board of
Directors or the Association during the period of Declarant control shall be sent by registered or
certified mail, postage prepaid, c/o Cattail Creek Group, LLC, P.O. Box 68, Windsor, CO 80550,
unless such address is changed by the Association during the period of Declarant control. Subsequent
to the termination of the period of Declarant control, the Association shall notify the Owners of a
different address for notices.
Section 4. Limitation on Liability. The Association, Board of Directors, Architectural
Review Committee, Declarant, and any member, agent, or employee of any of the same, shall not be
liable to any person for any action or for any failure to act unless the action or failure to act was not
in good faith and was done or withheld with malice.
Section 5. No Representations or Warranties. No representations or warranties of any
kind, express or implied, shall be deemed to have been given or made by the Declarant or its agents
and employees, in connection with any portion of the community, or any Improvement, or their
physical condition, zoning, compliance with applicable laws,fitness for intended use, or in connection
with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof,
unless and except as shall be specifically set forth in writing.
Section 6. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force and
effect.
Section 7. Conflicts Between Documents. In case of conflict between this Declaration
and the Articles and the Bylaws of the Association; this Declaration shall control. In case of conflict
between the Articles and the Bylaws, the Articles shall control.
Section 8. Conflict With Act. In the event that any of the terms or provisions of this
Declaration are in conflict or inconsistent with the Act,the terms or provisions of the Act shall control
and govern. In case of any such conflict or inconsistency, the applicable terms and provisions
31
contained in this Declaration shall,to the extent possible,be construed in accordance with the Act,and
any conflict with or violation of the Act by any terms or provisions of this Declaration shall not affect,
void, or render unenforceable any other term or provision of this Declaration(which shall be in full
force and effect in accordance with their terms).
DECLARANT:
CATTAIL CREEK GROUP, LLC
By: George DuBard, Manager
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me on October 2002, by George
DuBard as Manager of Cattail Creek Group, LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
32
EXHIBIT A
TO
DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR
CATTAIL CREEK
LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS DECLARATION
A portion of Lot C, Amended Recorded Exemption No. 0805-09-3-AmRE2637, according
to the Map recorded September 11, 2000, at Reception No. 2793115, being a part of Section 9,
Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado.
ACTUAL LEGAL DESCRIPTION
WILL BE INSERTED
UPON RECORDING OF THE PLAT.
D [� pC� u
1.1
EXHIBIT B
TO
DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR n
CATTAIL CREEK
44/
Li
MINIMUM ARCHITECTURAL DESIGN STANDARDS
Section 1. Architectural Styles. It is the intent of these guidelines to insure a high quality,
aesthetically pleasing neighborhood. The homes should have a diversity of architectural styles and be
compatible with the neighborhood as a whole. The Architectural Review Committee shall have the
authority to deny any building plan for any reason including that the plan is not compatible with the
neighborhood for aesthetic or other reasons.
Section 2. Minimum Square Footage and Building Height The ground floor finished area
of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than one
thousand, five hundred (1,500) square feet for a one-story residence and not less than one thousand
(1,000) square feet for the first floor of a two-story residence. The total square footage minimum for
the main floor and upper floors of a multi-level residence shall not be less than one thousand, eight
hundred (1,800) square feet. The maximum building height of any residence constructed shall be
thirty-five (35) feet measured from the top of the foundation to the crest of the highest roof line
(excluding chimneys, cupola).
Section 3. Roof Pitches. The roof pitch on any residence must be from-six-twelve (6/12)
to twelve-twelve(12/12).
Section 4. Standards Regarding Use of Exterior Materials. Exterior materials shall be
limited as follows:
a. Stone, brick or stucco shall be required for a minimum of forty percent (40%) of the
first floor facade of the front elevation of the residence
b. The roofing material to be utilized upon buildings in the subdivision shall be approved
by the Architectural Review Committee. No wood roofs or shingles shall be allowed.
c. Foundation walls shall not be exposed more than twelve(12) inches above grade.
d. All fascia on residences shall be a minimum of eight (8) inches.
1.2
e. All soffits on residences shall be a minimum of twelve(12) inches except that where
brick adjoins the soffit, the soffit shall be a minimum of eight (8) inches.
f. All plumbing vents shall be located on the back portion of the residence.
Section 5. Color of Exterior Materials. ALL EXTERIOR COLORS, INCLUDING ROOFING
COLORS,MUST BE APPROVED BY the Architectural Review Committee PRIOR TO CONSTRUCTION.
Section 6. Setbacks. All structures shall be constructed such as to meet the buiding setbacks
required by Weld County, Colorado.
Section 7. Site Grading. Exterior grading shall be adequate for drainage away from the
buildings and adjacent buildings.
Section 8. Paved Areas. Hard-surfaced private driveways and parking areas are required.
Concrete is the preferred surface for private driveways and parking areas. If alternative materials are
proposed, they must be submitted to and approved by the Architectural Review Committee prior to
construction.
Section 9. Garages. Each residence must have an attached garage of not less than twenty-
two feet by twenty-two feet (22'x 22').
Section 10. Accessory Buildings. All accessory buildings shall be subject to Architectural
Review Committee approval as set forth in the Declaration. Each Lot may have up to two (2)
accessory buildings. One building shall be a storage building which shall not exceed twelve feet by
twelve feet (12' x 12'). The maximum size of the other building may not exceed the maximum size
permitted by Weld County, Colorado.
1.3
Weld County Planning Department
r7rrrCS TY OFF ICE
C T 1 2002 OTIS, COAN & STEWART, LLC
V .. Attorneys And Counselors At Law
G.Brent Coen
gbcoan@ocslaw.com
October 1, 2002
Sheri Lockman
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
RE: Case No. PZ613 Cattail Creek Group, LLC
Dear Ms. Lockman:
Our client, Cattail Creek Group, LLC asked me to address Condition of Approval 1 A identified
by the Weld County Planning Commission in its recommendation for approval of the above
referenced case to the Weld County Board of County Commissioners. I was given a copy of said
condition of approval and for clarification, said condition stated as follows: "If Coal Bank Creek
is associated with a ditch company, the applicant shall submit an agreement with the ditch
company stipulating that the ditch activities have been adequately incorporated into the design of
the site or show evidence that an adequate attempt has been made to mitigate the concerns of the
ditch owners."
In researching the status of Coal Bank Creek, I consulted the records of the Colorado Secretary
of State and determined there is not a legally formed entity with the name Coal Bank Creek, Coal
Bank Ditch Company or any other similar name. Additionally, I consulted with George Varra
from District III for the Colorado Division of Water Resources, Dale at the Cache La Poudre
Irrigation and Reservoir Company office, Harold Buxman for Neff Lake, Don Engle at the
Larimer/Weld Irrigation Company and Ray Johnson a local farmer. After consulting with the
above individuals, I have determined that Coal Bank Creek, identified in Condition of Approval
1A, is actually known as the"Coal Bank Draw." The Coal Bank Draw is a natural draw that
carries irrigation wastewater as well as natural seepage water.
Both Ray Johnson and Harold Buxman use water from Coal Bank Draw after it passes the
Applicant's property. Both Harold Buxman and Ray Johnson told me that there are decreed
water rights for any water that makes its way though the draw but that there is not a ditch
company associated with said draw. Both Mr. Johnson and Mr. Buxman, indicated they have no
objection to the rezoning plat and the creation of eight residential lots along with 30-/+ acres of
open space as proposed by the Applicant in the above referenced case so long as there is no
4 EXHIBIT
The Doyle Building, 1812 56th Avenue, Greeley, Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576
Sheri Lockman
October 1, 2002
Page 2
planned or authorized activity that would cause disruption in the delivery of water or that would
modify the natural draw from its current condition. Neither Mr. Buxman nor Mr. Johnson
expressed any objection whatsoever to the plans of Cattail Creek Group, LLC.
I also spoke to the surveyors at Intermill Surveying, Inc. and determined that the entire area of
the draw(that appears to convey water like a ditch) is located completely off of the Cattail Creek
Group property. The only portion of the draw located on the Cattail Creek Group property is an
area of 100 year flood plain as identified on the Cattail Creek PUD rezoning plat. There does not
appear to be any impact whatsoever to the Coal Bank Draw from the Cattail Creek PUD.
With this information, I believe the Applicant has made diligent inquiry and has satisfied
Condition of Approval 1A.
Sincerely,
G. BrentC n
SEP-30 02 15:03 FROM: T0:970 304 6498 PAGE:02
STATE OF COLORADO
DM Owens,Governor
r DEPARTMENT OF NATURAL RESOURCES �T
DIVISION OF WILDLIFE 3�0
AN EQUAL OPPORTUNITY EMPLOYER
Russell George. Director
6060 Broadway
Denver, Colorado 80216 For Wildlife-
Telephone: (303)297-1192 For People
Larry Rogstad,Acting Area Wildlife Manager 9/30/02
317 West Prospect Street
Fort Collins,Colorado 80526
Sherri Lockman., Planner
Weld County Planning Department
1555 N. 17th Avenue
Greeley Colorado 80631 Re: PZ613, Cattail Creek PUD
Dear Sherri,
1 received the packet from you concerning Cattail Creek PUD. 1 made a site inspection and have
been on that parcel many times over the years to check dove and goose hunters. nN this letter you will
find the Division of Wildlife recommendations.
The site is an irrigated agriculture field planted yearly in a normal rotational pattern. A
channelized portion of Coal Bank Creek runs through the property, draining to the south. Because of the
r^ nature of irrigated agriculture and the channelization of the creek, the site is of relatively low value as
wildlife habitat. The main use is by wintering waterfowl that glean fields of waste crop.
'The Division has been in consultation with a neighboring landowner intending to do modifications
to his property that would improve wildlife habitat and diversity. The plans call for improvements along
Coal Bank Creek and installation of tree, shrub and grass plantings. During our conversations, the
landowner has expressed concern over trespass by hunters onto his property.
The Division's recommendation on Cattail Creek PUD would include;
• Shrub and or tree plantings could be installed along the upland edge of Coal Bank Creek and along
the north property boundary to increase habitat diversity.
• The 100 year floodplain and an additional upland setback along Coal Bank Creek could be preserved.
to maintain and improve habitat for amphibians, reptiles and small mammals.
• The property boundary could be marked to insure that the residents of the PUD do not mistakenly
enter adjacent lands without permission.
Thank you for the opportunity to review and comment on this proposal. Please call should you have
questions.
Sincerely yours,
EXHIBIT
Larry Rogstad
to/2
DEPARTMENT OF NATURAL RESOURCES,Greg E.Welcher,Executive Director
WILDLIFE COMMISSION,Ride Enstnom,Chair•Robed Shoemaker,Vice-Chair.Marianna Raltopoulos, Secretay
Members.Bernard Black•Tom Burke•Jeffrey Crawford•Phtio James•Brad Phelos •Olive Valdez
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Planned Unit Development
Change of Zone
Presentation to \�
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View to the North View to the West
View to the South View to the East[ 1: EXHIBIT
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View to the East Site Plan
Across Budding Envelope1110111111. •
titter'
Code Compliance
Benefits to the County
...Common Open Space Requirement Thank you.
•'Creative Approach to Land Development Todd Hodges Design. LLC
Upgrading Public Water Supply I ine
,•'Appropriate location for Non-Urban Scale
Development
••Right to Farm
Incorporation of Referral Responses
1
WELD C i. _'T
ZLP2 CC i -2 AM 9: 52
September 29, 2002
RECEIVED
Weld County Commissioners
915 10th Street
Greeley, CO 80633
RE: Case #PZ-613
Cattail Creek Group
Dear Commissioners:
We are residents and landowners in the general area of the proposed rezoning in the southwest
portion of Section 9. We own 53 acres of hay production land between County Roads 72 and 74.
We are strongly against such rezoning. The area in question is primarily occupied by working
farms and acreages that are used for livestock or crop production. Situating one-acre lots in the
midst of working farms will likely lead to friction between residents of the subdivision and their
neighbors. There are many examples of small subdivisions located in rural areas in which the
subdivision residents begin complaining of the noise of farm equipment and the odors associated
with livestock and eventually drive the farmers out.
In addition to the mismatch of such a subdivision with the surrounding area, there are numerous
issues related to traffic control, emergency services, and water use that have not been well
thought out. We urge you to carefully consider these issues and ensure that the current residents
of the area are served by your decision as well as those attempting to rezone the property.
Sincerely,
�//
K thryn Banks
Jerry L. Banks
12498 County Road 74
Eaton, CO 80615
EXHIBIT
6,O-zIkb/3
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