HomeMy WebLinkAbout20053743.tiff MEMORANDUM
W I DATE: May 2005
OMemorandum to File
COLORADO
FROM: Kim Ogle, Planning Manager
SUBJECT: Gilbaughs Appaloosa Acres PUD
Case Chronology
PK-1020, PZ-1020 and PF-1020
Sketch Plan application received by staff
September 9, 2002
Snowdance Development, do James Rawson
D. Houghtaling, Engineer of Record
Sketch Plan Comments prepared and mailed to applicant
A. Bruce Johnson
November 27, 2002
"After reviewing the Planned Unit Development Sketch Plan proposal, it is the opinion of the
Department of Planning Services' staff that the Planned Unit Development Sketch Plan
proposal does not comply with the Weld County Code for reasons previously identified in these
comments, including, but not limited to, inadequate access, urban scale development in a non-
urban area and designation of permanent open space per Gilbaughs Appaloosa Acres Official
Development Plat.
Should the applicant choose to proceed with the plan as proposed in the sketch plan, the
Department of Planning Services' will recommend denial at the Change of Zone."
Change of Zone application submitted by C. Clift, representative for A. Bruce Johnson
Change of Zone from A (Agricultural) to PUD with Estate uses for twenty-two (22) residential
Lots and 32 acres of Common Open Space (Appaloosa Acres Estates)
Planning Staff recommended Denial based on inconsistencies with Chapters 22, 23, 24 and 27
of the County Code.
Planning Commission heard the case on February 3, 2004. James Rohn moved that Case PZ-
1020, be forwarded to the Board of County Commissioners along with the Planning
Commissions recommendation of denial. John Folsom seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their
decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes;
James Rohn, yes; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
Board of County Commissioners heard the case on April 21, 2004 and recommended approval
of the case.
Change of Zone Plats and supporting documents reviewed by M. (Katyryniuk) Martin and M.
Daniels Mika. prior to recording in Ogle's absence. o42O5 37y3
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Final Plat documents submitted January 14, 2005 to office without review by staff. Case set
January 25, 2005 for Board of County Commissioners hearing date of March 23, 2005,
continued to March 30, 2005 for quorum.
Staff took recommendation of approval to Board.for:
APPLICANT:
Wake LLLC,
do A. Bruce Johnson
801 Eighth Street, Suite 220
Greeley, CO 80631
AUTHORIZED
AGENT:
c/o Clifford and Paul Clift
2001 Fern Avenue
Greeley CO 80631
REQUEST:
A Planned Unit Development for twenty-two (22) residential Lots and 35 acres of Common
Open Space (Appaloosa Acres Estates)
Board of County Commissioners approved case PF-1020
April - May 2005:
Freese Engineering submitted blue lines for review. Staff identified issues to be resolved.
Mylars arrived for recording without PUD identification sign, mail box location and bus shelter
delineated on plat. Ogle contacted Freese Engineering to request the three items be placed on
drawings. Drawings were resubmitted without review or comment.
At the request of C. Clift addresses were re-worked to reflect no Blocks within development. It
is important to note that addressing occurs at Change of Zone and not Final Plat. The
modification was considered minor and handled appropriately by Building Staff.
Memorandum from Public Works stated that the outstanding issues were resolved, and that the
collateral numbers were adequate to complete the development.
Collateral submitted with updated Improvements Agreement and forwarded with staff
memorandum to CTB
CTB notified Ogle language required modification. Ogle contacted Dennis Holman, Centennial
Bank of the West on May 24, 2005. Suggested language states
"Letter of Credit is automatically renewable for additional one year periods,
unless sixty day's notice is provided to Weld County prior to said expiration date."
Ogle or Clerk to Boards office awaiting response from Holman, Centennial Bank of the West
Mylars are ready for signature upon receipt of and acceptance of Letter of Credit
End of Memorandum
EATON SCHOOL DISTRICT RE-2
Miller _ - 200 ark Avenue
Dr. Randy "'• `••`•.
Superintendent Eaton, C olorado 80615
(970)454 3402
(970)454-5193 Fax
July 19, 2005
Kim Ogle
Weld County Planning Department
1400 17th Avenue
Greeley, CO -80631
RE: Clifford Clift, Appaloosa Acres
Estates
22-Lot r UD Change of Lu,I
,020
Kim Ogle:
Cli a r .� final plat
The district has been in contact with . ii v u Gift i ui n C Rc the
drawings and agrees with the placement of the 6' x 10' covered bus shelter on
the west side entrance into Leota Way.
The districtr ec ates Mr. Clot's willingness to work with us in meeting our
Inc appreciates
transportation requests.
Please if yOU L.a.u. k'..
r lease contact me ,. yuu hate any y u ,ns.
Cmnecr@lts.
ti ll 1 V
Timothy Unrein
Assistant Superintendent
Eaton School District RE-2
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NOTICE TO CLOSING AGENTS: THIS IS A FEE-ASSESSED SUBDIVISION. CHECK WITH THE
HOMEOWNERS ASSOCIATION FOR FEE SCHEDULE.
DECLARATION OF COVENANTS,
CONDITIONS,AND RESTRICTIONS
FOR
APPALOOSA ACRES ESTATES PUD
(a Common Interest Community)
THIS DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FOR APPALOOSA
ACRES HOMEOWNERS ASSOCIATION is made and entered Into this day of ,2004
by Wake,LLLP, hereinafter referred to as"the Declarant"
ARTICLE I
RECITALS
A. The Declarant Is the owner of that certain real property located in the County of Weld,State of
Colorado legally described on Exhibit "A" and platted as Appaloosa Acres Estates PUD. Exhibit"A"is
attached hereto and incorporated herein by reference.
B. The Declarant desires to create a Common Interest Community on the Property,pursuant to
the Colorado Common Ownership Act, § 38-33.3-101, Colorado Revised Statutes, et seq., as it may be
amended from lime to time("the Act"),in which portions of the Property will be designated for private ownership
and portions for association use('Open Space")or'('Common Facilities"). An association of Lot owners will
own part of the Property and will regulate the Open Space and other facilities
C. The Declarant has caused to be incorporated under the laws of the State of Colorado,
Appaloosa Acres Estates Homeowners Association('Association'),a nonprofit corporation,for the purpose of
exercising the functions herein set forth.
D. The number and type of animals allowed on each Lot within the Property shall be limited as set
forth in Article VI,Section 32 of this declaration.
F. Declarant desires to develop the Property for residential purposes.
Declarant deems it desirable to subject the Property to the covenants,conditions,and restrictions set forth in
this Declaration in order to preserve the values of the individual Lots and to enhance the quality of life for all
owners of such Lots.
F. Declarant therefore declares that all of the Property is and shall be held,transferred,sold,
encumbered, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants,
obligations,liens,and easements which are set forth in this Declaration,all of which shall run with the Properly
and shall inure to the benefit of,and be binding upon,all parties having any right,title,or interest in the Property
or any portion thereof,and such person's heirs,grantees, legal representatives,successors and assigns.
ARTICLE II
DEFINITIONS
The words and terms defined in this Article shall have the meanings herein set forth unless the context
clearly indicates otherwise.
Section 1: "Allocated Interests'shall mean and refer to the Common Expense Liabay and votes
in the Association.
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Section 2: "Approval"or"Consent"shall mean securing the prior written approval or consent as
required herein before doing,making,or suffering that for which such approval or consent is required.
Section 3: "Architectural Review Committee"shall mean and refer to the committee established
to review and approve plans for the construction of improvements on Lots as set forth in Article VIII of this
Declaration.
Section 4: "Association"or"Homeowners Association'shall mean and refer to Appaloosa Acres
Estates PUD Homeowners Association, as established pursuant to Article IX of this Declaration.
Section 5: "Bylaws"shall mean and refer to any instruments,however denominated,which are
adopted by the Association for the regulation and management of the Association,including amendments to
those instruments.
Section 6: "Common Facilities' or "Open Space' shall mean and refer to the Open Space,
landscaping in the Open Space,easements and facilities within or benefitting the Common InterestCommunity
owned or leased by the Association or constructed and maintained for the benefit of Lot Owner(s).
Section 7: 'Common Expense Liability' shall mean and refer to this liability for Common
Expenses allocated to each Lot pursuant to this Declaration.
Section 8: "Common Expenses"shall mean and refer to expenditures made or liabililes incurred
by or on behalf of the Association,together with any allocations to reserves.
Section 9: "Common Interest Community"shall mean and refer to the Property,including any
land which may subsequently be added to and become a part of the Common Interest Community,and as
added pursuant to §38-33.3-222 of the Act.
Section 10: "Declarant"shall mean Wake,LLLP,its/theirs,successors and assigns.
Section 11: "Declaration" shall mean and refer to this Declaration, including any amendments
hereto and also including,but not limited to,plats of the Property recorded in the Clerk and Recorders office of
Weld County,Colorado.
Section 12: "Dispose"or"Disposition"shall mean and refer to a voluntary transfer of any legal or
equitable interest in a Lot, but the term does not include the transfer or release of a security interest.
Section 13: "Improvement"shall include any structure,dwelling unit,residence,corral,shed,barn,
building,outbuilding,parking area,fence,wall,hedge,planting,lighting,pole,road,pond,lake,rail,gate,sign,
change in exterior color or shape,excavation and all other site work,grading,utility improvements,and includes
original improvements and subsequent changes to improvements.
Section 14: "Insurer"shall mean and refer to any governmental agency or authority that insures or
guarantees a mortgage and who has provided written notice of such interest to the Association.
Section 15: "Lot"shall mean and refer to the 22 individually numbered,identified and described
parcels of land shown upon the recorded plat.There shall be no more than 22 Lots within Appaloosa Acres
Estates.
Section 16: "Mortgagee shall mean and refer to any person who has a security interest in a Lot
and who has provided written notice of such interest to the Association. "First Mortgagee"shall mean and refer
to a Mortgagee who has a security interest In a Lot prior to all other security interests except the security interest
for real property taxes and assessments made by Weld County, Colorado, or other governmental authority
having jurisdiction over the Common Interest Community.
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Section 17: "Person"shall mean and refer to a natural person,a corporation,a partnership,an
association,a trust,or any other entity or combination thereof.
Section 18: "Plat"shall mean the final recorded plat of the properles as approved by Weld County
and recorded in the records of the Weld County Clerk and Recorder including any part of the Common Interest
Community as enlarged by added land as approved by the Weld County.
Section 19: "Properties"shall mean and refer to that certain real property deserted in Exhibit"A"
attached hereto and incorporated herein by reference also known as Appaloosa Acres Estates PUD.
Section 20: "Purchaser"shall mean and refer to a Person,other than a Declarant,who,by means
of a transfer,acquires a legal or equitable interest in a Lot
Section 22: "Residence"shall mean and refer to a single family residential dwelling constructed on
a Lot
Section 23: "Residential Use"shall mean and refer to use for dwelling or residential purposes.
Section 24: "Rules and Regulations"shall mean and refer to any instruments,howeverdenominated,
which are adopted by the Architectural Review Committee after approval by the Declarant orthe Association for
the regulation and management of the Common Interest Community, including any amendment to those
Instruments.
Section 25: "Security Interest" shall mean and refer to an interest in real estate or personal
property created by contract or conveyance which secures payment or performance of an obligation. The term
includes a lien created by a mortgage,deed of trust,trust deed,security deed,contract for deed,land sales
contract,lease intended as security,assignment of lease or rents intended as security,pledge of an ownership
interest in an association,and any other consensual lien or title retention contract intended as security for an
obligation. "First Security Interest"shall mean and refer to a Security Interest in a Lot prior to all other Security
Interests except the Security Interest for real property taxes and assessments made by Weld County,Colorado,
or other governmental authority having jurisdiction over the Common Interest Community.
Section 28: "Single-family"shall mean and refer to any individual or group of persons related by
blood,marriage or adoption, plus up to three(3)additional persons living together in a Residence.
Section 27: "Unit Owner' and/or "Lot Owner" shall mean any person that owns any Lot in
Appaloosa Acres Estates.
ARTICLE dl
COMMON INTEREST COMMUNITY
Section 1: Name. The name of the Common Interest Community is Appaloosa Acres Estates.
Section 2: Association. The name of the Association Is Appaloosa Acres Estates PUD
Homeowners Association.
Section 3: Planned Community. The Common Interest Community is a planned community.
Section 4: County. The name of the county in which the Common Interest Community is
situated is Weld County,Colorado.
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Section 5: Legal Description. A legal description of the Property included in the Common
Interest Community is described on Exhibit"A'attached hereto and incorporated herein by reference.
Section 6: Maximum Number of Lots. The maximum number of Lots that the Declarant
reserves the right to create within the Common Interest Community for residential purposes is 22.
Section 7: Boundaries of Lots. The boundaries of each Lot are set forth on the Plat. The Plat
sets forth the Block and Lot Identifying Numbers.
Section 8: Allocated Interests. The Common Expense Liabiiy and votes in the Association shall
be allocated among the owners as follows:
(a) Each Owner's share of the Common Expenses shall be 1/22.
(b) Each Owner shall be entitled to one(1)vote for each Lot owned.
Section 9: Notice. Notice of matters affecting the Common Interest Communily may be given to
Lot owners by the Association or by other Lot Owners in the following manner notice may be hand delivered or
sent prepaid by United States mall to the mailing address of each Lot or to any other mailing address
designated in writing by the Lot Owner. Such notice shall be deemed given when hand delivered or when
deposited in the United States mail.
ARTICLE IV
ASSOCIATION
Section 1: Authority. The business and affairs of the Common Interest Community shall be
managed by the Association.The Association shall be governed by Its Bylaws as amended from time to time.
Section 2: Powers. The Association shall have all of the powers,authority,and duties pennies
pursuant to the Act necessary and proper to manage the business and affairs of the Common Interest
Community.
Section 3: Declarant Control.Subject to the limitations set forth herein,the Declarants,or
persons designated by them,may appoint and remove the officers of the Association and members of the
Executive Board for a period in accordance with§303 of the Act until the earlier of the following:
(1) Sixty(60)days after the date on which the Declarants have conveyed seventy-five percent
(75%)of the Lots that may be created to purchasers other than Declarants;or
(2) Two(2)years after the date of the Declarants'last conveyance of a Lot in the ordinary course
of business;or
(3) Two(2)years after the date on which any right to add new Lots to the Common Interest
Community was last exercised by the Declarants;or
(4) The date on which the Declarants voluntarily relinquish such power evidenced by a notice
prepared in accordance with the Act and recorded In the office of the Weld County Clerk and
Recorder.
Section 4. Membership,Voting Rights and Allocations. Every Owner of a Lot which is
subject to Common Expense Assessments shall be a Member of the Association. The foregoing is not
intended to include Persons who hold an interest merely as security for the performance of an obligation.
Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject
to Common Expense Assessments by the Association. Ownership of such Lot shall be the sole
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qualification for membership,and membership shall be required of each Lot Owner. When more than one
(1)Person holds an ownership interest in any Lot,all such Persons shall be Members. The vote for such
Lot shall be exercised as they determine among themselves,but in no event shall more than one(1)vote
be cast with respect to any Lot
ARTICLE V
SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS
Section 1: Special Declarant Rights. Declarant hereby reserves the right fore period of five(5)
years after this Declaration is recorded in the office of the Clerk and Recorder of Weld County,Colorado,to
perform the acts and exercise the rights hereinafter specified ("the Special Declarant Rights") .Declarants
Special Declarant Rights include the following:
(a) Completion of Improvements. The right to complete improvements indicated on the Plat.
(b) Exercise of Developmental Rights. The right to exercise any Special Declarant Rights
reserved in Article V of this Declaration.
(c) Sales Management and Marketing. The right to maintain one(1)sales and management
office,one or more models and advertising signs. The Declarant shall have the right to determine the size and
location of the sales and management office,and models. The Declarant shall also have the right to relocate
the sales and management office and models from time to time at its discretion. After the Declarant ceases to
be the Owner of a Lot,the Declarant shall have the right to remove any sales and management office or
models from the Common Interest Community.
(d) Construction Easements. The right to use easements through the Open Space for the
purpose of making improvements within the Common Interest Community or within the Propertywhich may be
added to the Common Interest Community or appurtenant thereto.
(e) Control of Association and Executive Board. The right to appoint or remove any officer of
the Association or any Executive Board member,except that this Special Declarant Right shall be limited to the
time period and condition set forth in Article IV,Section 3 above.
(0 Amendment of Declaration. The right to amend the Declaration in connection with the
exercise of any Special Declarant Rights.
(g) Amendment of Plat. The right to amend the Plat in connection with the exercise of
any Special Declarant Rights or the requirements of Weld County.
(h) Other Requirements. The completion of such other requirements as may be Imposed by
Weld County for completion within five years of the recording of this Declaration. -
Section 2: Additional Reserved Rights. In addition to the Special Declarant Rights set forth in
Section 1 above,Declarant also reserves the following additional rights("the Additional Reserved Rights"):
(a) Dedications. The right to establish,from time to time,by dedication or otherwise,utility and
other easements over,across,and upon the Open Space for purposes including, but not limited to,streets,
paths, walkways, drainage, open space, water and irrigation structures, and to create other reservations,
exceptions, and exclusions over, across, and upon the Open Space for the benefit of and to serve the Lot
Owners within the Open Space community.
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(b) Use Agreements. The right to enter into,establish,execute,amend,and otherwise deal with
contracts and agreements for the use,lease,repair,maintenance,or regulation of Open Space,which may or
may not be a part of the Common Interest Community for the benefit of the Lot Owners and/or the Association.
(c) Other Rights. The right to exercise any Additional Reserved Right created by an
other provision of this Declaration.
Section 3: Rights Transferable. Any Special Declarant Right or Additional Reserved Right
created or reserved under this Article for the benefit of the Declarant may be transferred to any Person by an
instrument describing the rights transferred and recorded in Weld County,Colorado. Such instrumentsha6 be
executed by the transferor Declarant and the transferee.
ARTICLE VI
USE AND OTHER RESTRICTIONS
Section 1: Land Use and Building Types. No Lot shall be used except as the site of a detached
single family dwelling. All improvements on each Lot shall meet the requirements of Article VII,"Architectural
Standards"of this Declaration.
Section 2: Use No person that does not reside on the Lot shall work on the Lots as regular
work duties,except domestic household help,lawn and garden caretaker,in the engagement of construction
and maintenance of facilities on the Lots, and the Declarant in the development and sale of the Common
Interest Community. Home occupation shall be allowed subject to reasonable regulations adopted by the
Association and the ordinances of Weld County. The Association may adopt such other rules fertile Common
Interest Community as may be reasonably required to ensure that there are no apparent visits by customers,
clients,and service vehicles to the Residence.
Section 3: Buildings. No improvement,building,fence or other permanent structure shall be
located on any Lot without first obtaining the written consent of the Architectural Review Committee,approving
the proposed location. Any approved shed shall be located within fifty(50)feet of the residence and shall not
exceed eight hundred(800)square feet in size.All such structures shall be pursuant to the style,design and
other requirements as provided in guidelines and rules established at Article VII,Section 2.
Section 4: Temporary Structures. No structure of a temporary character,trailer,basement,
tent,storage shed or shelter,garage,barn or other outbuilding shall be permitted on any Lot at any time,either
temporarily or permanently,except by the Declarant during the process of construction,or as approved by the
Architectural Review Committee.
Section 5: Street view obstructions. No fence,hedge or shrub planting which obstructs sight
lines at elevations between two(2)and six(6)feet above the roadways shall be placed or permitted to remain
on any corner Lot within the triangular area formed by the street property lines and a line connecting them at
points 25 feet from the intersection of the street lines, or In the case of a rounded property corner,from the
intersection of the street property lines extended. No trees shall be permitted to remain within such distances of
such Intersections unless the foliage line is maintained as sufficient height to prevent obstruction of such sight
lines.
Section 6. Site Plans. All site plans must be approved by the Architectural Rule Committee prior
to commencement of construction of any improvement,building,or permanent structure.
Section 7: Setbacks. All Lot structures, improvements, and buildings shall be located within
building envelopes as set forth on the Appaloosa Acres Estates PUD plat,and location of the same shall be
subject to the approval of the Architectural Control Committee prior to commencement of construction.
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Section 8: Fencing. No fence shall be erected on any Lot within the Property except as approved
in advance by the Architectural Review Committee and in accordance with the guidelines and rules
promulgated pursuant to Section 2,Article VII. No barbed wire fence shall be allowed anywhere within the
Property.
Section 9: Landscaping: All landscaping must be approved by the Architectural Review
Committee prior to installation. The landscaping plan shall be submitted to the Architectural Review Committee
within six months,and completely installed within twelve months,from the date of the issuance of a certificate of
occupancy concerning the improvement, building or permanent structure.
Section 10: Aerials-Antennas. No exterior television antenna, radio antenna, aerial or similar
equipment of any design shall be mounted on the exterior of any building or erected on any other portion of any
Lot. No activity shall be conducted on any Lot which interferes with television or radio reception on any other
Lot.
Section 11: Satellite Dishes. Satellite dishes may be installed and maintained if screened from
the view of other owners and occupiers of Lots. The location and screening method for each satellite dish
must be approved in advance by the Architectural Review Committee.
Section 12: Wind or Solar-Powered Generators. No wind-powered or solar-powered generator
or pump may be installed on any Lot,unless Its location and design is approved in advance by the Architectural
Review Committee.
Section 13: Solar Devices. The utilization of passive or active solar energydevices is encouraged.
However, all solar devices must either be architecturally and aesthetically integrated into the structure they
serve or be screened from the view of the street and adjacent Lots and streets. All solar devices,and their
placement,must be approved by the Architectural Review Committee prior to installation.
Section 14: Outside Lighting. No exterior lighting shall be installed or maintained on any Lot
except as approved by the Architectural Review Committee.All such exterior lighting shall be located only in
locations or upon structures as approved.
Section 15: Signs. No signs shall be located on any Lot except one sign not in excess of six(6)
square feet offering the Lot for sale and except builders' or suppliers' signage during construction of
improvements,and one sign not in excess of one(1)square foot showing the name and address of the Owner.
Section 16: Clothes Lines. No clothes lines are to be installed on any Lot.
Section 17. Grading and Contour Changes. No grading or other soil or earthwork shall be
performed on a Lot until plans for placing improvements on such Lot have been properly approved by the
Architectural Review Committee, and then only to the extent contemplated by such approved plan. After
completion of each set of improvements on a Lot,the ground shall be restored,as nearly as possible,to its
original contours and appearance except to the extent of any changes previously approved by the Agricultural
Review Committee as follows:contour changes of more than one foot from existing grades shall require the
approval of the Architectural Review Committee.
Section 18: Commencing and Finishing Construction. Once construction of any structure is
commenced on any Lot,with the prior approval of the Architectural Review Committee,such structure must be
diligently continued and completed in accordance with the plans and specifications approved by the
Architectural Review Committee, within nine months of commencement, or such longer time as the
Architectural Review Committee has reasonably consented to,in light of the nature of the project or other
factors. Commencement of construction shall be deemed to commence with the first substantial construction
activity(including earthwork).
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Section 19: Rebuilding. Any structure which is destroyed In whole or in part by fire,windstorm or
from any other cause or act of God must be rebuilt,or all debris must be removed and the Lot restored to a
sightly condition,within nine months of the time the damage occurs.
Section 20: Title to Common Facilities,Common Areas and Open Space. The Declarant may
retain legal title to all or part of the Common Facilities,Common Areas and Open Space until such time as,in
the opinion of the Declarant,the Association is able to maintain the same. Nonetheless the Declarant shall
convey all such Common Facilities,Commons Areas and Open space to the Association not later than sixty
(60)days after the date when the Declarant is fee simple owner of less than twenty-five(25)percent of the
Lots. Certain Common Facilities such as drainage and utility easements and detention ponds are located in
and considered part of the Common Area and the Association is deemed the beneficiary of such facilities.
Section 21: Extent of Members' Easements. The rights and easements of enjoyment of the
Common Facilities and Open Space shall be subject to the following:
A. The rights of the Association,as provided by its Articles or Bylaws,to suspend the enjoyment
rights of any member for any period during which any assessment remains unpaid;and for any
period not to exceed thirty(30)days for any infraction of its published rules and regulations;
and
B. The right of the Association to limit the number of guests of members and the circumstances
under which guests may use the Common Facilities and/or Open Space.
Section 22: Bridal Path. No use shall be made by Appaloosa Acres Estates PUD members of
the twelve-foot wide Bridle Path located around the perimeter of Appaloosa Acres Estates PUD,asdesignated
on the Fourth Replat of Gilbeughs Appaloosa Acres recorded in the public records of Weld County,Colorado
on (R .. atz)/ at Reception No. 741019
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SfcBdn 2 t Easements. Easements(or the installation and maintenance of utilities, ditches,
landscaping,streets and drainage facilities are reserved as shown on the Plat,or those that maybe recorded at
a later date. Within these easements,no structure,planting or other materials shall be placed or permitted to
remain which may damage or interfere with the installation and maintenance of utilities,which may change the
direction of flow of drainage channels in the easements, which hinders or obstructs the use of the irrigation
system, or which adversely affects landscaping installed by the Declarant. If any landscaping or structure is
installed which violates such requirements, the Association may give the property owner written notice to
remove such landscaping or structure within no less than fifteen(15)days after such notice is given,and if the
owner fails to move the landscaping or structure within that time,the Association may have such work done at
the expense of the owner of the Lot.lithe work is done by the Association at the owner's expense,the owner
shall pay for such work within three(3)days after notice is given in writing to the owner as to the cost of such
work. In the event of failure to pay within that time and if the Association thereafter incurs any attorneys fees
and costs in collecting such amount from the owner,all such attorney's fees and costs incurred shall likewise
be a debt owing by the owner to the Association.
The easement area of each Lot and all improvements on it shall be maintained continuously by the
owner of the Lot,except for those improvements or landscaping for which the Association,a public authority or
utility company is responsible.
Section 24: Common Facilities Water Meter. In addition ion to the individual water taps for each of
the 22 Lots,an additional,separate and exterior water tap and meter shall be installed and set apart to supply
and measure water to be exclusively applied to the Common Facilities and Open Space. Ail fees and charges
for installation, maintenance, repair and water usage concerning said additional tap and meter shall be
assessed to the Homeowner's Association. Easements for the Installation, maintenance, reading and
removal,if any,of such additional water tap and meter are hereby reserved to the Association.
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Section 25: Drainage. Each Owner is responsible for providing adequate water drainage
from the Owner's Lot into storm drains or street facilities so that such water does not drain onto adjacent
Lots,unless otherwise provided for o an approved drainage plan. No chemicals or petroleum products
shall be allowed to drain into storm drains or street gutters,but the provisions shall not prevent the
application in normal quantities of customary insect,animal,or plant control substances,fertilizers and
plant foods on Lots.
Section 28: Interference with leach fields. Permanent landscaping,structures,dirt mounds,
animal husbandry activities,or any other activity which will interfere with the construction,maintenance or
function of the leach fields shall be restricted over the absorption field areas while in use.
Section 27: Water and Sanitation, Any residence constructed on any Lot shall be connected
with any public or community water system,which may be formed or created to serve the Common Interest
Community. Sepik:systems are allowed subject to the approval of the ARC and Weld County or such
other governmental entity having jurisdiction over the Property.Outhouses,chemical toilets,etc.are
expressly prohibited except for the period of time during the construction of improvements on a Lot.
Section 28: Maintenance of Vacant Lots. The owner of each Lot shall regularly mow vegetation
on the lot so as to keep the majority of the vegetation to a height of less than six inches, and shall regularly
remove any trash or other debris. If an owner fails to maintain a vacant Lot in accordance with such
requirements, the Association shall have the right to mow such vegetation, and remove any trash or other
debris. The Association shall establish and charge reasonable fees to the owners of such vacant Lots,forsuch
services. Such services shall be deemed a service charge from the Association made solely to the owners of
each of such vacant Lots. The owner shall be liable for reasonable attorneys,fees and costs incurred by the
Association in collecting such service charge.
Section 30: Maintenance of Landscaping. The landscaping on each Lot shall be maintained by
the owner,subject however,to the right of the Association to perform any maintenance deemed necessary or
desirable to maintain the high standards established for the Property, and to assess such owner for such
required maintenance. If any owner fails to maintain landscaping on such owner's Lot in accordance with such
requirements,the Association may give the properly ownerwrrtten notice to perform necessary maintenance
within no less than fifteen (15) days after such notice is given, and if the owner fails to perform such
maintenance work within that time,the Association may have such work done at the expense of the owner of
the Lot. If the work is done by the Association at the owner's expense,the owner shall pay for such work within
three(3)days after notice is given In writing to the owner as to the cost of such work. If the owner fails to pay
within said time and the Association thereafter incurs reasonable attomey's fees and costs in collecting such
amount from the owner,all such attorney's fees and costs incurred shall likewise be a debt owing by the owner
to the Association.
Section 31: Maintenance of Exteriors of Residences and other Buildings. The exteriors of all
residences, barns, sheds, and other buildings within the Property shall be maintained in good, attractive
condition by the owners thereof. All residences shall be repainted or re-stained periodically as needed. The
Association may require an owner to paint or stain his or her residence and other buildings,and upon such
owner's failure to do so,the Association may cause such residence or other buildings to be painted or stained
and to assess such owner for the costs incurred thereby. If any owner fails to maintain the exterior of a building
on such owners Lot in accordance with the foregoing requirements,the Association maygive the owner vaitten
notice to perform such work within no less than fifteen(15)days after such notice is given,and if the owner fads
to perform such work within that time,the Association may have such work done at the expense of the owner. if
the work is done by the Association at the owners expense,the owner shall pay for such work within three(3)
days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within that
time and if the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount
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from the owner,all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the
Association.
Section 32: Animals. No livestock,horses,cattle,llamas,alpacas,swine,fowl,poultry shall be
housed,raised,bred or kept on any Lot,except commonly accepted domestic household pets;provided they
are not kept for commercial purposes and that they do not become a nuisance or an annoyance,and that such
animals do not number more than four.
Section 33: Unsightly Uses. All Lots shall at all times be maintained in a clean and sanitary
condition, and no litter or debris shall be deposited or allowed to accumulate on any Lot. All landscaping,
including grass,shall be irrigated,trimmed and maintained in good condition at all times. Refuse piles and
other unsightly objects or materials shall not be allowed to be placed or to remain upon any Lot Trash
containers shall be placed on the curb and returned from the curb only on pickup days. Nothing unsightlyshall
be hung from windows,railings,or fences.
Section 34: Trash Removal. All residents within the Property shall have their trash picked up by
the same trash-hauling company,on the same day of the week. At each annual meeting of the Association,the
Association shall pick the trash-hauling company and the day of the week for the upcoming year. Nothing in
this Section shall prohibit a resident within the Property from hauling trash or debris for himself or herself. Each
resident within the Property shall be separately liable for the trash-hauling charges attributable to his or her Lot
Section 35: Mineral Exploration. No Lot within Appaloosa Acres Estates shall be used to explore
for or to remove any oil,gas,gravel,or minerals of any sort.
Section 36: Hunting.No hunting of any type shall be permitted in Appaloosa Acres Estates. All
Lot owners are aware that hunting is permitted pursuant to County,State and Federal laws and regulations on
adjoining properties and Declarant cannot control hunting activities on the surrounding properties.
Section 37: Right to Farm. The rural land surrounding the Property are used for agriculture.
Persons moving to the Property must recognize that there are agricultural practices ongoing and which will
continue in the agricultural land surrounding this property. Weld County is one of the most productive
agricultural counties In the United States,ranking fifth in total market value of agricultural products sold.The
rural areas of Weld County may be open and spacious,but they are intensively used for agriculture.Persons
moving into a rural area must recognize and accept there are drawbacks,including conflicts with longstanding
agricultural practices and a lower level of services than in town.Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas:open views,spaciousness,wildlife,lack of city noise and
congestion,and the rural atmosphere and way of life.Without neighboring farms,those features which attract
urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the surrounding land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area.Well-run agricultural activities will
generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural
roads;dust from animal pens,field work,harvest and gravel roads;odor from animal confinement,silage and
manure;smoke from ditch buming;flies and mosquitoes;hunting and trapping activities;shooting sports,legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial
spraying. Ditches and reservoirs cannot simply be moved"out of the way"of residential development without
threatening the efficient delivery of Irrigation to fields which is essential to farm production.Property owners and
residents cannot take water from irrigation ditches,lakes or other structures unless they have an adjudicated
right to the water.
Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practicest hatare commonly
or reasonably associated with agricultural production.
Weld County covers a land area of over four thousand(4,000)square miles in size(twice the size of the State
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of Delaware)with more than three thousand seven hundred(3,700)miles of state and county roads outside of
municipalities.The sheer magnitude of the area to be served stretches available resources.Law enforcement is
based on responses to complaints more than on patrols of the County, and the distances which must be
traveled may delay all emergency responses,including law enforcement,ambulance and fire.Fre protecton is
usually provided by volunteers who must leave their Jobs and families to respond to emergencies County gravel
roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved
road.Snow removal priorities mean that roads from subdivisions to arterials may not be cleared forseveral days
after a major snowstorm.Snow removal for roads within subdivisions are of the lowest priority for public works
or may be the private responsibility of the homeowners. Services In rural areas,in many cases,will not be
equivalent to municipal services.Rural dwellers must,by necessity,be more self-sufficientthan urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.Farm equipment
and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations,
high speed traffic,sand burs,puncture vines,territorial farm dogs and livestock and open burning present real
threats.Controlling children's activities is important,not only for their safety,but also for the protection of the
farmer's livelihood. Parents are responsible for their children.
Notwithstanding the above recitals,this should not be construed to be a prohibition against any Lot Owner to
request enforcement or to bring action on their own behalf to require surrounding property owners to comply
with any federal,state,county or local requirement,rule,regulation,condition,resolution,statute or other law.
Additionally, any property owner may bring actions for nuisance and other legal, equitable or common law
claims.
Section 38: Home Occupations. The conduct of a home occupation within a Residence on a Lot
shall be considered accessory to the residential use and not a violation of these Covenants provided that the
following requirements are met:
1. The home occupation shall be conducted only by the residents of the dwelling, and no
nonresidents shall be employed in conjunction with the home occupation carried on in the
dwelling.
2. The conduct of such home occupation must be of a type permitted under the zoning
ordinance of the Weld County.
3. No evidence of a home occupation shall be visible from outside the dwelling unit.
Section 39: Restrictions on Leasing of Residences. An owner may lease his residence subject
only to the following restrictions:
A. Any lease agreement shall be required to provide that the terms of this lease shall be subject
in all respects to the provisions of this Declaration,and the Bylaws of the Association,and that
any failure by the lessee to comply with the terms of such documents shall be a default under
the lease.
Section 40: Hazardous Materials. Storage,use or disposal of hazardous Of radioactive materials
within the Property is prohibited, unless specifically approved in advance by the Architectural Review
Committee.
Section 41: Nuisances. No noxious or offensive activities shall be carried on upon any Lot,nor
shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
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Section 42: Trucks,Recreational Vehicles. No trucks;trail bikes;trailers;recreational vehicles;
snowmobiles;campers;trailers;boats;boat trailers;vehicles other than passenger vehicles or pickup or utility
trucks with a capacity of one ton or less;shall be parked,stored or otherwise kept on any Lot or street or area
within the Properly,unless kept in a closed garage or approved outbuilding.
No skimobile, snowmobile, all terrain vehicle (ATV), or other recreational vehicle powered by an internal
combustion engine may be operated within the Property except for purposes of ingress and egress. The
foregoing restrictions shall not be deemed to prohibit commercial and construction vehicles from making
deliveries or otherwise providing services to the Lots,in the ordinary course of their business.
Section 43: Disabled Vehicles. Disabled automobiles shall not be stored on streets,driveways,
lots,or common areas within the Property. No person shall repair or rebuild any vehicle within the Property,
except within a garage. Cars allowed on the streets and driveways in the Property must at all times be
operable, currently licensed, and maintain a current inspection sticker (if such inspection is required by a
governmental entity).
Section 44: Sales /Management Office and Model. Declarant reserves the right to maintain
sales/management offices and models on the Property pursuant to Section 1 of Article V. Declarant and
residential builders to whom Declarant has sold Lots may construct and maintain model residences within the
Property. Such sales/management offices and model residences may be located on any Lot or Lots within the
Property,and their location may be changed from time to time to other Lots within the Property.Declarant may
maintain advertising signs on the Common Facilities within the Property, subject to state laws and local
ordinances.
ARTICLE VII
ARCHITECTURAL STANDARDS
Section 1: Restrictions.No improvement,building,storage structure,awning,fence or any other
structure shall be erected,placed or altered on any Lot,nor shall there be any external modifications to any
such improvement, until the plans and landscaping specifications showing the nature, kind,shape, height,
materials and location of the same have been submitted to and approved in advance by the Architectural
Review Committee in writing.Any building or storage structure must be located within the approved building
envelope except as otherwise approved by the Architectural Review Committee. No landscaping shall be
installed on any Lot,or altered thereafter, unless a landscaping plan showing the nature,type, height,and
location of the proposed landscaping improvements has been submitted to and approved In advance by the
Architectural Review Committee,in writing. Without limiting the generality of the foregoing,prior approval of the
Architectural Review Committee must be obtained for any of the following:(1)attachments to the exterior of a
structure,(x)Installation of greenhouses,ON)installation of patio covers,landscaping,screening,trellises and
the like,(iv)change in exterior paint colors, (v)installation of any storage building and(v0 any other exterior
change,including cosmetic changes such as garage doors,shutters and the like.
The authority of the Architectural Review Committee shall extend to the quality, workmanship and
materials for any structure proposed; conformity and harmony of exterior design and finish with existing
structures within the Property; location of all structures with respect to the existing buildings,topography and
finished ground elevation;and all other matters required to assure that such structures enhance the quality of
the Property and are erected In accordance with the plan for the Property. No metal buildings shall be
permitted.
Section 2: Guidelines and Rules. The Architectural Review Committee shall adopt Guidelines
and Rules governing the structures to be permitted in the Property,permitted construction materials and the
like. These Guidelines and Rules are made for the purpose of creating and keeping the Property,so far as
possible, desirable, attractive, beneficial, uniform, and suitable in architectural design, materials, and
appearance; limiting the use of Lots to single family residential buildings; guarding against unnecessary
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interference with the natural beauty of the Property;and prohibiting Improper uses of adjoining properties in the
Property,all for the mutual benefits and protection of all owners.
Section 3: Architectural Design. The overall building design of any improvements constructed
on a Lot,including but not limited to,size,exterior materials,windows,shutters,colors,solar energy systems,
shall be subject to the approval of the Architectural Review Committee in its sole discretion. For a fee of one-
hundred dollars($100.00)or such other amount as may be required by the Architectural Review Committee,
plans shall be submitted to the Architectural Review Committee for consideration,which may be rejected,
modified or approved by the Architectural Review Committee in its sole discretion.
Section 4: Size. The dwelling space of the home, exclusive of the garage, shall contain a
minimum of 1,400 square feet of finished above-ground living space for a one story dwelling and 1,700 square
feet of finished above-ground living space for two story dwellings. No building shall exceed 40 feet in height,
and no building shall exceed two stories and loft as viewed from the street side. Earth sheltered homes shall
not be permitted. All dwellings must be constructed on site.
Section 5: Brick and Stone. Each residence constructed on a Lot shall have,as a mk imum,a
facing of brick,stone,or other masonry as approved by the Architectural Review Committee,on the street-side
of the house equal to one-half(4)of the total finished area excluding the roof,doors and windows,and on the
back side of the house equal to fifteen (15) percent of the total finished areas, excluding roof, doors and
windows.
Section 6: Colors Each residence constructed on a Lot shall have no less than three exterior
colors,chosen from those available as detailed in the Architectural Rules and Guidelines,unless other wise
approved by the Architectural Review Committee.
Section 7: Exterior Dwelling Roofs. All roofs must be approved by the Architectural Review
Committee and,unless otherwise approved by the Architectural Review Committee,all exterior dwelling roofs
shall be at least a thirty-year warranty composition shingled roof. Roof vents shall match the shingles on the
residence.
Section 8: Garages and Parking. Garages and Parking. Each residence shall include an
attached side-load garage having space for not less than two automobiles. An additional garage may be
constructed if approved by the Architectural Review Committee. Each Lot must have provisions for off-street
parking for at least two automobiles,exclusive of garage space,and said off-street parking shall be provided in
such a manner as to not block or impair garage access to and from the street.
Section 9: Materials and Workmanship. All improvements shall be constructed of good and
suitable materials,and all workmanship shall result in first class construction and shall be accomplished in a
good and workmanlike manner.
• Section 10: Accessory Buildings. Garages,as well as small outbuildings for storage of lawn
furniture,yard equipment,gardening equipment,and similar type items,which are well constructed and neat of
appearance, shall be permitted only if the size, design, and location of said structure is approved by the
Architectural Review Committee. Any approved shed shall be located within fifty(50)feet of the residence and
shall not exceed eight-hundred(800)square feet in size,subject to the design and materials of the residence.
Section 11: Rear Porch or Deck. Each residence constructed on a Lot shall include a one-
hundred(100)square-foot patio or porch covered by the roof,or,alternatively,a one-hundred(100)square-foot
deck and arbor,to be approved by the Architecture Review Committee.
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•
ARTICLE VIN
ARCHITECTURAL REVIEW COMMITTEE
Section 1: Establishment and Membership of Architectural Review Committee. An Architectural
Review Committee has been established by Declarant. The Architectural Review Committee shall continue
until such time as the Association may be dissolved. The Architectural Review Committee shall initially consist
of three (3) members appointed by Declarant. Until sixty(60) days after seventeen (17) Lots within the
Property have been sold by the Declarant,the Declarant shall appoint the Architectural Review Committee,
including replacement members for any person who retires, resigns, or otherwise becomes unavailable for
service as a member or alternate member of the Architectural Review Committee. The Association shall name
the members of the Architectural Review Committee, once the Declarants exclusive right to do so ceases.
Members of the Architectural Review Committee appointed by Declarant may be removed at any time by
Declarant and shall serve until they resign or are removed by Declarant. Members of the Architectural Review
Committee appointed by the Association may be removed at any time by the Association,and shall serve for
such term as may be designated by the Association or until they resign or are removed by the Association.
Section 2: Professional Builder. The owner of each Lot shall retain a qualified,professional
contractor to construct the residence and all significant improvements on such owner's Lot.
Section 3: Address of Architectural Review Committee. The address of the Architectural
Review Committee shall be at the principal office of the Association.
Section 4: Submission of Plans. Prior to commencement of work to accomplish any proposed
improvement to property, the person proposing to make such Improvement to property ("Applicant") shall
submit to the Architectural Review Committee at Its offices such descriptions,surveys, plot plans,drainage
plans,elevation drawings,landscaping plans,construction plans,specifications and samples of materials and
colors as the Architectural Review Committee shall reasonably request showing the nature,kind,shape,height,
width,color,materials,and location of the proposed improvement to property. The Applicant shall be entitled to
receive a receipt for the same from the Architectural Review Committee or its authorized agent. The
Architectural Review Committee may require submission of additional plans,specifications or other information
prior to approving or disapproving the proposed improvement to property. Until receipt by the Architectural
Review Committee of all required materials in connection with the proposed improvement to property,the
Architectural Review Committee may postpone review of any materials submitted for approval.An example of a
recommended set of plans to be submitted to the Architectural Review Committee is contained In the
Guidelines and Rules.
Section 5: Criteria for Approval. The Architectural Review Committee shall approve any
proposed improvement to property only if it deems in its reasonable discretion that the improvemeMto property
in the location indicated will not be detrimental to the appearance of the surrounding areas of the development
as a whole; that the appearance of the proposed improvement to property will be In harmony with the
surrounding areas of the development area;that the Improvement to property will not detract from the beauty,
wholesomeness and attractiveness of the development area or the enjoyment thereof by Owners;and that the
upkeep and maintenance of the proposed improvement to property will not become a burden on the
Community Association. The Architectural Review Committee may condition its approval of any proposed
improvement to property upon the making of such changes therein as the Architectural Review Committee may
deem appropriate.
Section 6: Architectural Review Committee Guidelines or Rules. The Architectural Review
Committee shall issue guidelines or rules relating to the procedures,materials to be submitted and additional
factors which will be taken into consideration in connection with the approval of any proposed improvement to
property.
Section 7: Architectural Review Fees. The Architectural Review Committee may, in its
Guidelines and Rules,provide for payment of fees to accompany each request for approval of any proposed
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improvement to property. The Architectural Review Committee may provide thatthe amountolsuch fees shall
be uniform for similar types of any proposed improvement to property,or the fees may be determined in any
other reasonable manner,such as based upon the reasonable cost of the proposed improvement to property. '
Section 8: Decision of Architectural Review Committee. The decision of the Architectural
Review Committee shall be made within fifteen(15)days after receipt by theArChiteaxal Review Comnhltee of
all materials required by the Architectural Review Committee. The decision shall be in writing and, if the
decision is not to approve a proposed improvement to property, the reason therefor shall be stated. The
decision of the Architectural Review Committee shall be promptly transmitted to the Applicant at the address
furnished by the Applicant to the Architectural Review Committee.
Section 9: Failure of Architectural Review Committee to Act on Plans. Any request for
approval of a proposed improvement to property shall be deemed approved as proposed,unless disapproval or
a request for additional information or materials is transmitted to the applicant by the Architectural Review
Committee within fifteen (15) days after the date of receipt by the Architectural Review Committee of alt
required materials.
Section 10: Notice of Completion. Promptly upon completion of the irnprovementto property,the
applicant shall give written notice of completion to the Architectural Review Committee and,for all purposes
hereunder,the date of receipt of such notice of completion by the Architectural Review Committee shall be
deemed to be the date of completion of such improvement to property.
Section 11: Inspection of Work. The Architectural Review Committee or its duly authorized
representative shall have the right to inspect any improvement to property prior to or after completion,provided
that the right of inspection shall terminate fifteen(15) days after the Architectural Review Commitee shall have
received a notice of completion from the applicant.
Section 12: Notice of Noncompliance. If,as a result of Inspections or otlterwise,the Architectural
Review Committee finds that any improvement to property has been done without obtaining the approval of the
Architectural Review Committee or was not done in substantial compliance with the description and materials
furnished by the Applicant to the Architectural Review Committee or was not completed within one year after the
date of approval by the Architectural Review Committee,the Architectural Review Committee shall notify the
applicant in writing of the noncompliance which notice shall be given,in any event,within thirty(30)days after
the Architectural Review Committee receives a notice of completion from the applicant The notice shall specify
the particulars of the noncompliance and shall require the applicant to take such action as maybe necessary to
remedy the noncompliance.
Section 13: Failure of Architectural Review Committee to Act After Completion. If,for any
reason other than the applicant's act or neglect,the Architectural Review Committee fails to nobly the applicant
of any noncompliance within thirty (30) days after receipt by the Architectural Review Committee of written
notice of completion from the applicant,the improvement to property shall be deemed in compliance if the
improvement to property was,in fact,completed as of the date of notice of completion.
Section 14: Correction of Noncompliance. If the Architectural Review Committee determines
that a noncompliance exists,the applicant shall remedy or remove the same within a period of not more than
forty-five(45)days from the date of receipt by the applicant of the ruling of the Architectural Review Committee.
If the applicant does not comply with the Architectural Review Committee's ruling within such period,the matter
may be referred to the Association,and the Association may,in its discretion,record a notice of noncompliance
against the real property on which the noncompliance exists,may institute Judicial proceedings to allow it to
remove the noncompliant improvement,or may otherwise remedy the noncompliance,and the applicant shall
reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not
promptly repaid by the applicant or owner to the Association, the Association may levy a reimbursement
assessment against the owner for such costs and expenses. The right of the Association to remedy or remove
any noncompliance shall be in addition to all other rights and remedies which the Association may have at law,
in equity,or under this Declaration.
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Section 15: No Implied Waiver or Estoppel. No.action or failure to act by the Architectural
Review Committee or by the Association shall constitute a waiver or estoppel with respectto future action bythe
Architectural Review Committee or the Association with respect to any improvement to property. Specifically,
the approval by the Architectural Review Committee of any improvement to property shall not constitute
approval of, or obligate the Architectural Review Committee to approve, any similar proposals, plans,
specifications or other materials submitted with respect to any other proposed improvement.
Section 18: Architectural Review Committee Power to Grant Variances. The Architectural
Review Committee may authorize variances from compliance with any of the provisions of this Declaration or
any Supplemental Declaration,including restrictions upon height,size,floor area or placement of structures or
similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or
environmental considerations may require. Such variances must be evidenced In writing and shall become
effective when signed by at least a majority of the members of the Architectural Review Committee. If anysuch
variance is granted,no violation of the provisions of this Declaration or any Supplemental Declaration shall be
deemed to have occurred with respect to the matter for which the variance was granted;provided,however,that
the granting of a variance shall not operate to waive any of the provisions of this Declaration or any
Supplemental Declaration for any purpose except as to the particular property and particular provision hereof
covered by the variance,nor shall the granting of a variance affect in any way the owner's obligation to comply
with ail governmental laws and regulations affecting the Property concerned,including,but not limited to,zoning
ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction.
Section 17: Compensation of Members. Members of the Architectural Review Committee shall
receive no compensation for services rendered,except for its professional members,who shall be reasonably
compensated for their services. All members shall receive reimbursement of out of pocket expenses incurred
by them in the performance of their duties hereunder.
Section 18: Meetings of Architectural ReviewComnittee. The Architectural Review Committee
shall meet from time to time as necessary to perform its duties hereunder. The Architectural Review
Committee may,from time to time,by resolution in writing adopted by a majority of the members,designate a
Architectural Review Committee Representative(who may,but need not,be one of its members)to take any
action or perform any duties for or on behalf of the Architectural Review Committee,except the granting of
approval to any improvement to property and granting of variances. The action of such Architectural Review
Committee Representative within the authority of such Architectural Review Committee Representative or the
written consent or the vote of a majority of the members of the Architectural Review Committee shall constitute
action of the Architectural Review Committee.
Section 19: Records of Actions. The Architectural Review Committee shall report in writing to
the Association's Board of Directors all final actions of the Architectural Review Committee and the Architectural
Review Committee shall keep a permanent record of such reported actions.
Section 20: Estoppel Certificates. The Association shall,upon the reasonable request of any
interested party and after confirming any necessary facts with the Architectural Review Committee,furnish a
certificate with respect to the approval or disapproval of any improvement to property or with respect to whether
any Improvement to property was made in compliance herewith. Any person without actual notice to the
contrary shall be entitled to rely on said certificate with respect to all matters set forth therein.
Section 21: Nonliability for Architectural Review Committee Action. None of the Architectural
Review Committee,any member of the Architectural Review Committee,any Architectural Review Committee
Representative,the Association,any member of the Association's Board of Directors or Declarant shall be fable
for any loss,damage or injury arising out of or in any way connected with the performance of the duties of the
Architectural Review Committee unless due to the willful misconduct or bad faith of the party to be held liable.
In reviewing any matter,the Architectural Review Committee shall not be responsible for reviewing,nor shall is
approval of, an improvement to property be deemed approval of the improvement to property from the
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standpoint of safety,whether structural or otherwise,or conformance with bulking codes or other governmental
laws or regulations.
ARTICLE IX
THE ASSOCIATION
Section 1: Articles of Incorporation and Bylaws. The interests of all Lot owners shall be
governed and administered by the Articles of Incorporation and Bylaws of the Appaloosa Acres Estates PUD
Homeowners Association and by this Declaration. In the event of a conflict between the provisions of this
Declaration and the Articles of Incorporation or the Bylaws of the Association,the terms of this Declaration shall
be controlling.
Section 2: Membership.Each owner of a Lot,upon becoming an owner,shall be a member of
the Association and shall remain a member for the period of his ownership.
Section 3: Examination of Books by First Mortgagee. The holder of any recorded first
mortgage or deed of trust on a Lot in the Property will,upon request,be entitled to:
(a) Inspect the books and records of the Association during normal business hours;
(b) Receive an annual financial statement of the Association within ninety(90)days following the
end of each fiscal year of the Association;and
(c) Written notice of all meetings of the Association and shall be permitted to designate a
representative to attend all such meetings.
Section 4: Powers. The Association shall be granted all of the powers necessary to govern,
manage,maintain,repair,administer and regulate the Open Space and Common Facflies and to perform all of
the duties required of it. Notwithstanding the above, unless at least seventy-five percent(75%) of the first
mortgagees of Lots(based upon one vote for each first mortgage owned or held)have given their prior,mitten
approval,and except or otherwise provided herein,the Association shall not be empowered or entitled to:
(a) By act or omission,seek to abandon or terminate the Declaration;
(b) By act or omission,seek to abandon,partition,subdivide,encumber,sell or transfer the Open
Space;and
(c) Use hazard insurance proceeds for loss to the Open Space and Common Facilities
improvements for other than repair, replacement or reconstruction of such improvements.
Section 5. Creation of Lien and Personal Obligation of Assessments and Special Assessments.
The Declarants,for each Lot owned within the Property,shall be deemed to covenant and agree,and each
Owner of any Lot, by acceptance of a deed therefore shall be deemed to covenant and agree to pay to the
Association all Assessments and Fines,together with such interest thereon and costs of collection thereof. Said
Assessments,fines,interest and costs of collection,Including reasonable attorney's fees,shall be a charge
upon the land and shall be a continuing lien upon the Lot against which each such Assessment or fine is made.
Such assessments and fines, including reasonable attorney's fees,shall be the personal obligation of the
Person who was the Owner of such Lot at the time the assessment or fine came due. The personal obligation
for any delinquent assessment or fine shall not pass to an Owner's successor in title unless expressly assumed
by them. No Lot Owner may become exempt from liability for payment of assessments or fines by waiver of the
use or enjoyment of the Common Facilities or Open Space, or by abandonment of the Lot against which
assessments are made.
Section 6. Purpose of Assessments, The Assessments by the Association shall be used exclusively
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for promoting the health, safety and welfare of the residents in the Common Interest Community;for the
maintenance, repair and upkeep of the Common Facilities and Open Space and for any other maintenance
obligations or common services which may be deemed necessary by the Association for the common benefit of
the Lot Owners,or the maintenance of property values,or for the payment of expenses which may be incurred
by agreement with or requirement of any city,county or other local government authority,and to provide for ati
other expenses incurred by the Association in performing its duties under this Declaration and the Act. The
Assessments shall further be used to provide adequate insurance of various types,and in such amounts as the
Association deems necessary concerning the Common Facilities ad Open Space within the Common Interest
Community. The Assessments shall provide a reserve fund as the Association determines is necessary to
adequately provide such replacements as may be required by this Declaration.
Section 7. Annual Common Expense Assessment. The total annual Common Expense
Assessment against all Lots shall be based upon the Association's advance budget of the cash requirements
needed by it to provide for the administration and performance of Its duties during the subject year, which
estimates may include,among other things:
Expenses of maintaining the Association and providing management for the Common Interest
Community;
Premiums for all insurance which the Association is required or permitted to maintain;
Repairs and maintenance to or replacement of the Common Facilities and Open Space,including
common roads;
Snow removal from the common roads;
Wages for Association employees,if any;
Legal,accounting and property management fees;
Any deficit remaining from a previous year;
The creation of reasonable replacement or contingency reserves,working capital andMrsinking funds;
and
Any other costs; expenses and fees which may be incurred or may reasonably be expected to be
incurred by the Association for the benefit of the Lot Owners.
The Common Expense Assessments shall include and amount sufficient for the Association to carry
out its maintenance responsibilities with respect to the Common Facilities and Open Space. That portion of the
Common Expense Assessments intended or roads, landscaping, maintenance, repairs and replacements
(collectively,'Maintenance Costs")shall be set aside in a separately designated fund. The initial amount of the
Common Expense Assessments shall be not less than fifty dollars($50.00) per month per Lot,with annual
adjustments for Inflation as reasonably determined by the Association.
Such Common Expense Assessments shall be collected at such intervals as is determined by the
Association,but not less frequently than on an annual basis.
Section 8. Special Assessments.
(1) In addition to Common Expense Assessments,the Association may from time to time make
Special Assessments for defraying, in whole or in part, payments for any operating deficit
and/or unbudgeted costs,for fees and expenses of any construction,reconstruction,repair,
demolition, replacement or maintenance of the Common Facilities or Open Space, or for
"Capital Improvements" or 'Capital Acquisitions". Any such Special Assessment must be
approved by not less than sbdy-seven(67)percent of the Members who are voting In person or
by proxy at a meeting duly called for that purpose. No Special Assessment for legal action
pursued by the Association shall be required of the Declarants wi hout the written approval of
the Declarants. The amounts assessed by Special Assessment shall be divided equally
among the Lot Owners.
(2) "Capital Improvements"as used herein shall mean the construction,erection or installation of
substantial structures or other Improvements to the Common Facilities or Open Space,but
shall not include Common Facilities which may hereafter be constructed,erected or installed
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on the Property by the Declarants in their development of the Common Interest Community.
(3) 'Capital Acquisitions'as used herein shall mean the purchase,lease or other acquisition of
real property interests in and about the Common Interest Community,inducing,but not fled
to, access to private an/or public lands in the vicinity of the Common Interest Community or
other property interests which will benefit and enhance the use and enjoyment o the Common
Interest Community by the Lot Owners,but shall not Include any capital acquisitions hereafter
made by the Declarants in their development of the Common Interest Community.
(4) Notice in writing setting forth the amount of such Special Assessment per Lot and the due date
for payment thereof shall be given to the Lot Owners not less than sixty(60)days prior to such
due date.
(5) Written notice of any meeting called for taking any action authorized under this section shall be
sent to all Members not less than ten(10)or more than fifty-nine(59)days in advance of the
meeting. At the first such meeting, the presence of Members or of proxies, if permitted,
entitled to cast fifty percent(50%)of all votes of the membership shall constitute a quorum. If
the required quorum is not present, the meeting shall be continued to another date to be
decided by the voting members at the first meeting,and it will be called subject to the same
notice requirements,and the required quorum at the subsequent meeting shall be twenty-fire
percent(25%)of all votes of the membership. No such subsequent meeting shall be held
more than sixty(80)days following the first meeting.
Section 9. Rate of Assessment. Each Lot shall be responsible for 1122 of all Common Expense
Assessments, plus any Special Assessments allocated to each Lot. Notwithstanding the foregoing, any
Common Expense Assessments for Special Assessments which upon the Association's sole discretion benefit
fewer than all Lots shall be assessed exclusively against the Lots benefited.
Section 10. Date of Commencement of Annual Common Expense Assessments and Budget_
Common Expense Assessments shall commence upon the sale of the first Lot The first Common Expense
Assessment applied to each initial Lot sale shall be prorated according to the number of days remaining in the
Assessment period established by the Association, and the date due shall be established by the Association:
After the first budget year of the Association,within thirty(30)days after adoption of a proposed budget for the
Common Interest Community,the Association shall provide a summary of the budget to each Lot Owner and
shall set a date for a meeting of the Lot Owners to consider ratification of the budget. The meeting shall be not
less than fourteen(14)nor more than fifty-nine(59)days after the mailing of the summary. The budget shall be
ratified unless a majority of all Members reject the budget,whether or not a quorum is present. If the proposed
budget Is rejected,the periodic budget last ratified by the Lot Owners shall continue until the Lot Owners ratify a
new budget
Section 11: Assessments For Other Charges. The Association shall have the right to charge Lot
owners for special services provided by the Association to such owner including, but not limited to, those
matters set forth in Articles VI and VIII of this Declaration. That is,such services shall be deemed to have been
provided for the exclusive benefit of such Lot owners under Section 38-33.3-315(3)(b) of the Act. The
Association shall also have the right to charge a Lot owner for any expense caused by the misconduct of such
Lot owner,in which event such expense may be assessed exclusively against such owner. The Association
shall have the right to impose a lien for any such special service charges or charges due to miscondud that are
not paid when due;said lien shall include court costs and reasonable attorneys'fees incurred bytheAssodation
In collecting said charges.
Section 12: No Other Common Facility Liens. No additional liens,other than mechanics liens,
assessment liens or tax liens, may be obtained against the Common Facilities, and no other assessments,
debts or other obligations are assumed by Lot owners,other than as set forth herein.
Section 13: Assessments. The total amount of expenses and special service and misconduct
charges assessed against each Lot shall be the personal and individual debt of the owner thereof. No owner
may exempt himself from liability for contribution towards the common expenses by waiver of the use or
enjoyment of any of the Common Facilities or by abandonment of his Lot. An owner's loss of a Lot by
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foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for
assessments and changes accrued prior to the date hereof.The Association shall have the authority to take
prompt action to collect any unpaid assessment or special service charge which remains unpaid for more than
thirty(30)days from the due date for payment thereof. In the event of default in the payment of a special
service charge or assessment,the Lot owner shall be obligated to pay interest at the rate of eighteen percent
(18%)per annum on the amount of the assessment from due date thereof,together wi h all expenses,including
attorneys' fees, incurred together with such late charges as are provided by the Bylaws or Rules of the
Association. Suit to recover a money judgment for unpaid special service charges or assessments shall be
maintainable without foreclosing the lien described in Section 13 below and such suit shall not be or construed
to be a waiver of lien.
Section 14: Notice of Lien. All sums assessed but unpaid for the share of common expenses
chargeable to any Lot and all sums for special services provided by the Association and charges due to
misconduct that are not paid when due shall constitute the basis for a lien on such Lot superior to all other lens
and encumbrances,except only for tax and special assessment liens on the Lot in favor of any governmental
assessing entity, and all sums unpaid on a first mortgage or first deed of bust of record,including all unpaid
obligatory sums as may be provided by such encumbrances. To evidence such lien,the Association shall
prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness,the amount
of the accrued interest and late charges thereon,the name of the owner of the Lot and a description of the Lot
Such notice of lien shall be signed by one of the officers of the Association on behalf of the Association and
shall be recorded in the office of the County Clerk and Recorder of Weld County,Colorado. Such lien shall
attach and be effective from the due date of the assessment until all sums,with interest and other charges
thereon,shall have been paid In full.
Section 15: Enforcement of Lien. Such lien may be enforced by the foreclosure of the defaulting
owner's Lot by the Association in like manner as a mortgage on real property upon the recording of the above
notice of lien. In any such proceedings,the owner shall be required to pay the costs,expenses and attomeys'
fees incurred for filing the lien,and in the event of foreclosure proceedings,all additional costs,all expenses
and reasonable attorneys'fees Incurred. The owner of the Lot being foreclosed shall be required to pay to the
Association any assessment or special service charge whose payment becomes due for the Lot during the
period of foreclosure,and the Association shall be entitled to a receiver during foreclosure. The Association
shall have the power to bid on the Lot at foreclosure or other legal sale and to acquire and hold, lease,
mortgage,vote the votes appurtenant to,convey or otherwise deal with the same upon acquiring title to such
Lot.
Section 16: Report of Default. The Association, upon request,shall report In writing to a first
mortgagee of a Lot any default In the performance by any Lot mortgagor of any obligation underthe Declaration
which is not cured within sixty(60)days.
Section 17: Release of Lien. The recorded lien may be released by recording a Release of Lien
signed by an officer of the Association on behalf of the Association.
Section 18: Lien Subordinate to First Mortgage -Limitations. The lien for special service
charges and assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of
trust now hereafter placed upon the Lot subject to assessment; PROVIDED, HOWEVER, that such
subordination shall apply only to the assessments which have become due and payable prior to a sale or
transfer of such Lot pursuant to a decree of foreclosure,or any other proceeding in lieu of foreclosure. Such
sale or transfer shall cause such Lot and grantee thereunder to be relieved of liability for such prior
assessments but shall not relieve such Lot or grantee from liability from any assessments thereafter becoming
due,nor from the lien of any such subsequent assessment.
Section 19: First Mortgage Foreclosure. Notwithstanding any of the terms or provisions of this
Declaration,in the event of any default on the part of an owner under any first mortgage or first deed of trust
which entitles the holder thereof to foreclose the same,any sale under such foreclosure,Including the delivery
of a deed in lieu to such first mortgagee,shall be made free and clear of all then due and owing assessments.
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No first mortgagee shall be liable for any unpaid common expense assessments accruing pier tothetime such
• mortgagee receives a deed to a Lot.
Section 20: Joint Liability Upon Transfer. Upon payment to the Association of a reasonable fee
not to exceed One Hundred Dollars($100.00),and upon the written request of any owner or any mortgagee or
prospective owner of a Lot,the Association shall issue a written statement setting forth the amount of the unpaid
common expenses,if any,with respect to the subject Lot,the amount of the current monthly assessment and
the date that such assessments becomes due,credit for any advanced payments of common assessments,for
prepaid items,such as prepaid items,such as Insurance premiums,but not including accumulated amounts for
reserves or sinking funds, if any,which statements shall be conclusive upon the Association in favor of all
persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be complied
with within twenty(20)days,all unpaid common expenses which become due prior to the date of making such
requests shall be subordinate to the rights of the person requesting such statement and in the case of a grantee
of such Lot,the grantee shall not be liable for,nor shall the Lot conveyed be subject to a lien for any unpaid
assessments against said Lot. The provisions set forth in this Section 18 shall not apply to the initial sales and
conveyances of the Lots made by Declarant,and such sales shall be free from all common expenses to the
date of conveyance.
Section 21: Mortgages-Priority. Each owner shall have the right from time to time to mortgage
or encumber his Interest by deed of trust,mortgage or other security instrument. A first mortgage shall be one
which has first and paramount priority under applicable law. The owner of a Lot may create junior mortgages,
liens or encumbrances on the following conditions: (1) that any such junior mortgages shall always be
subordinate to all of the terms,conditions,covenants,restrictions,uses,limitations,obligations,lien for unpaid
assessments,and other obligations created by this Declaration,the Articles of Incorporation and the Bylaws of
the Association;(2)that the mortgagee under any junior mortgage shall release,for the purpose of restoration
of any improvements upon the mortgages premises,all of his right,title and interest in and to the proceeds
under all insurable policies upon said premises held by the Association. Such release shall be furnished
forthwith by a junior mortgagee upon written request of the Association,and if such request is not granted,such
release may be executed by the Association as an attorney-in-fad for such junior mortgage.Additionally,any
mortgage or lien is subordinate to these Covenants and the approved Development Agreement.
Section 22: Fire Protection. The Declarant has provided fire hydrants for Appaloosa Acres
Estates PUD.The Homeowners'Association shall be responsible for repair of any damage to any fire hydrants
servicing Appaloosa Acres Estates PUD and for any damage to water lines running to such fire hydrants from
the main water line.
Section 23. Water Fees. The HomeownersAssodation shall be responsible to pay all necessary
fees to maintain water rights assigned to the Homeowners Association.
Section 24. Maintenance of Open Space. The Homeowners Association shall be responsible for
the maintenance of,including irrigation,mowing,weed control and landscaping of the Open Space. Mowing
shall occur at a rate sufficient to maintain the majority height of the vegetation to not more than six inches.
Section 25. Maintenance of Bus Stop and Entry Sign. The Homeowners Association shall be
responsible for the maintenance of the entry sign and bus stop for Appaloosa Acres Estates PUD.
ARTICLE X
GENERAL PROVISIONS
Section 1: Duration. Subject to the provisions of Section 1 of this Article,this Declaration shall
remain in full force and effect,shall run with the land and shall be binding on all persons having any interest in
any Lot in the Property for a period of twenty(20)years from the date this Declaration is recorded and thereafter
shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a
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majority of the then-owners of Lots in the Property has been recorded agreeing to change or terminate the
Declaration in whole or in part.
Section 2: Amendments.
a. Subject to Article X,Section 9,this Declaration,or any portion thereof,may be
amended or revoked at any time by an instrument In writing signed by the owners of at least seventy-five
percent(75%)of the Lots in the Property and one hundred percent(100%) of the holders of recorded first
mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written
amendment or ratification thereof containing the necessary signatures of Lot owners and encumbrance holders.
No amendment to this Declaration may be made which conflicts with any of the laws of the State of Colorado or
ordinances of Weld County. No amendment shall affect any rights of Declarant unless approved in advance by
and consented to by Declarant in writing.
b. The covenants contained in this Declaration requiring repair and maintenance of
common roads shall not be amended or terminated without the consent of the Weld County Board of County
Commissioners.
Section 3: Severability. Any provision of this Declaration Invalidated in any manner+hatsoever
shall not be deemed to Impair or affect in any manner the validity,enforcement or effect of the remainder of Ns
Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and
effect as if such invalid provision had never been included herein.
Section 4: Disclaimer_ No claim or cause of action shall accrue in favor of any person in the
event of the invalidity of any covenant or provision of this Declaration or for the failure of the Architectural
Review Committee or Declarant to enforce any covenant or provision hereof. This Section 4 may be pleaded
as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this
Article.
Section 5: Waiver. No provision contained in this Declaration shall be deemed to have
abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or
breaches which may occur.
Section 6: Captions. The captions herein are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision
hereof.
Section 7: Construction. The use of the masculine gender in this Declaration shall be deemed
to include the feminine and neuter genders,and the use of the singular shall be deemed to refer to the plural,
and vice versa,when the context so requires.
Section 8: Notices. Notices required or permitted by this Declaration shall be made in writing.
Notice to a member of the Association shall be sufficient if sent by United States mail, sufficient postage
prepaid,to the latest address given by such member to the Secretary of the Association. In such event,notice
shall be deemed effective three(3)days after such deposit into the United States mail. Notices may also be
given by certified or registered mail,or by hand delivery. If hand delivered,notice shall be effective on the date
that delivery is accomplished.If sent by registered or certified mail,notice shall be deemed effective three(3)
days after deposit into the United States mail,sufficient postage prepaid.
Section 9: Dissolution. The Homeowners Association cannot be dissolved without the written
approval of the governmental entity having jurisdiction over the Property.
Section 10: Enforcement.These Covenants may be enforced by any Lot Owner,the Declarant,or
the governmental entity having jurisdiction over the Property. In the event of an enforcement action, the
prevailing party shall be entitled to an award of all reasonable and appropriate costs,expenses and attorney
fees.
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IN WITNESS WHEREOF,the Declarant has caused this Declaration to be executed as of the day and
year first above written.
DECLARANT: Wake,LLLP
STATE OF COLORADO )
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed sworn to,and acknowledged before me this W I_day of
�tlnssa .2004 by A.Arntt tn\inso(1
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:Cexpires:ea c)sch VSbal0Oe) O1 PUe`‘,�
�0:... ....--..(4,rig
No : Public ? JENEILE E i
BELLEW ;off
irpz
I l`
23
Exhibit"A"
All of Appaloosa Acres Estates PUD, Lot 15 C; Fourth Replat of Gilbaughs Appaloosa Acres; being in the
West 14 of the Southwest%of Section 33,Township 7 North,Range 65 West of the 6th Prime Meridian, Weld
County, Colorado, according to the Plat thereof recorded on $�(�'-�qs�- at Reception No.
3a OM-7 of the Weld County,Colorado public records.
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