HomeMy WebLinkAbout20011754.tiff DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax#(970) 352-6312
MINOR SUBDIVISION FINAL PLAT APPLICATION
SITE SPECIFIC DEVELOPMENT PLAN ao
Pn �~ 72 /200 j
App. Ch'd By: SL Case Number.
App. Fee: 100 Receipt Number (Z6 $ Z
Record. Fee: (0 Receipt Number 66613
Planner Assigned to Case:
TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature.
I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld
County Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County, Colorado:
LEGAL DESCRIPTION: See Attached
(If additional space is required, attach an additional sheet)
NAMEOFPROPOSEDMINORSUBDIVISION Ivy Crest
EXISTING ZONING Estate TOTAL AREA(ACRES) 15.618
NUMBER OF PROPOSED LOTS 5 LOT SIZE: AVERAGE 2.64 MINIMUM 2.5
OVERLAY DISTRICTS N.A.
UTILITIES: Water. Name: Central Weld County Water District
Sewer. Name: Individual Sewage Disposal Systems (I .S.D.S. )
Gas: Name: Xcel Energy
Electric Name: United Power
Phone: Name: Qwest Communications
DISTRICTS: School Name: Weld County School District RE-1
Fire: Name: Platteville Fire Protection District
PROPERTY OWNERS OF MINOR SUBDIVISION FINAL PLAT AREA:
Name: Denver Canadian, Inc. Phone: (970) 330-3839
Address: 18905 41CR 394, LaSalle, CO 80645
Name: Phone:
Address:
APPLICANT OR AUTHORIZED AGENT(if different than above).
Name: Phone:
Address:
I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within this application are true and correct to the best of my knowledge.
cco0L
Signature: Owner or Authorized Agent
Revised: 1-22-96 Daniel L. Ochsner, President
24
2001-1754
PICKETT
ENGINEERING, INC.
February 15, 2001
Sherri Lockman
Weld County Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
RE: Minor Subdivision Final Plat Application
Ivy Crest Minor Subdivision
PEI No. 00-006
Dear Ms. Lockman:
Enclosed with this cover letter are 25 packets (an original and 24 copies) of the required Minor
Subdivision Final Plat Application. In addition, 25 copies of the Minor Subdivision Plat are
included, as well as a check for the $1,100 application fee and two separate checks, one for $20
for legal notice to the Board, made payable to the Clerk to the Board, and a check for $10 for the
Minor Subdivision Final Plat recording fee. A narrative to address the application requirements
for the Minor Subdivision is also included.
If you have any questions regarding this application or need additional information, please
contact me. Otherwise, please let me know as soon as staff has completed its review and
scheduled this for public hearing with the Weld County Planning Commission.
Sincerely,
PICKETT ENGINEERING, INC.
is ickett, P.E.
Pre ent
ICAP/jz
cc: Dan Ochsner, Denver Canadian, Inc.
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EXHIBIT
808 8th Street — Greeley, CO 80631
Phone (970) 356-6362 — Fax (970) 356-6486
i- APPLICATION REQUIREMENTS
FOR
MINOR SUBDIVISION FINAL PLAT
IVY CREST MINOR SUBDIVISION
The following are responses to the application requirements, as stated in the Minor
Subdivision Final Plat packet. The responses are in the same order as on the application
requirements.
1. The Minor Subdivision Final Plat Application form has been completed and is
included in the packet.
2. The current copy of the Title Commitment is included.
3. The proposed use in the subdivision is five estate lots.
4. The only concern that was brought up during the Change of Zone process, with the
exception of the neighborhood comments, was related to a staff recommendation to
provide a visual barrier between the headlights of cars on Weld County Road
(WCR) 19 and cars on Larkspur Lane. This has been addressed in the final design
package. A minimum 3-foot high continuous berm will be installed between
Larkspur Lane and WCR 19, as measured from the high side of Larkspur Lane.
The owner is proposing to put up a split rail type, white polyvinyl fence for
decorative purposes. Also, he will install evergreen shrubs along the berm. This
should provide a permanent solution to the conflicting headlamp condition.
5. The total number of lots proposed is five buildable lots. In addition, there is an
Outlot A, which separates the internal road from the public road.
6. The minor subdivision circulation system for vehicular traffic is a 24-foot wide road
with one access point to WCR 19. It is a cul-de-sac design for turn around at the
end of the road. Vehicles and pedestrians will use this pathway inside the
subdivision. A bus stop and mail stop have been added near the entrance to the
subdivision. This was done by paving an approximately 16-foot wide by 60+-foot
long area for buses and mail carriers to pull off of WCR 19.
7. Not applicable.
8. Not applicable.
9. Included in the packet are two pieces of correspondence from Central Weld County
Water District. One is a commitment to service, which implies that water is
available and that the utility will serve with public water. The second is a copy of a
line extension agreement to be executed by Denver Canadian, Inc. This is the
actual contract for line extension that is required for the water company to provide
the service.
10. The proposed sanitary sewage disposal system will be individual sewage disposal
systems and each shall comply with the I.S.D.S. requirements for the Weld County
Health Department. n
bite;e &co
11. Enclosed is a copy of"Will Serve" letters from the gas provider, Xcel Enbrgy, the
electric company, United Power, and the telephone company, Qwest
Communications.
12. The subdivision will have covenants, codes, and restrictions (CCRs) and the final
draft will be available in early March 2001 for staff review.
13. Not applicable.
14. Not applicable.
15. Not applicable.
16. Included with this submittal package is a copy of the subdivision improvements
agreement that has been executed by the applicant.
17. Not applicable.
18. This final plat will rely on the approved drainage report that was provided during
the Sketch Plan and Change of Zone process. It was prepared by James A. Cherry,
P.E., of Foundation Engineering, and was dated October 28, 1998. This report, in
effect, states that there is no impact to the county road right-of-way. There are no
drainage issues that impact WCR 19, or any publicly maintained rights-of-way and
in fact the increased runoff due to construction of these estate lots is considered to
be of very minor impact. The adjoining property, which is owned by Denver
Canadian, will accept any increased runoff from this development.
19. Enclosed is a certified list of the names, addresses, and corresponding parcel ID
numbers for the property owners within 500 feet of this minor subdivision.
20. A copy of the evidence of prior contact with all mineral, oil, and gas lessees
associated with this site is attached.
21. A certified list of the names and addresses of the mineral owners and lessees having
an interest in the subject property is attached.
22. As was indicated by a staff report during the Change of Zone process, this
subdivision is in compliance with the Weld County Comprehensive Plan and the
zone district in which the proposed use is located. Specifically, the Weld County
Comprehensive Plan allows for non-urban scale developments in a rural area and
this minor subdivision meets that intent. The zoning is currently estate lot and this
proposal meets that district requirement.
23. As has been stated throughout this minor subdivision process, the productive
agricultural lands are being preserved to the greatest extent possible. The majority
of the land to be built on is nonprime agricultural land.
24. In addition to the statements made in No. 9, which indicate that Central Weld
County Water District will provide adequate potable water, the owner/developer of
the subdivision is providing an irrigation well as a source of fire protection. The
Platteville Fire Protection District has indicated that this is an acceptable alternative
to fire protection and they have requested a specific nozzle head be put on the well.
This will be done as part of the construction activities and therefore will provide
them with a minimum of 1000 gpm for fire protection needs. Enclosed is a letter
from the Platteville Fire Protection District addressing this issue.
25. Not applicable.
26. Not applicable.
27. Larkspur Lane will be 24-foot wide improved road that will meet or exceed Weld
County Criteria. The section will exceed the minimum 4" depth of gravel base.
The road will experience approximately 50 trips per day based on five single-family
residential units. This would be considered a very lightly traveled road and will
certainly meet the criteria for that type of road.
28. WCR 19 has an adequate functional classification and structural capacity to meet
the traffic requirements for the minor subdivision.
29. The road right-of-way within the minor subdivision for Larkspur Lane will be the
sole responsibility of the landowners within the minor subdivision. They will be
responsible for the construction, maintenance, snow removal, and other matters
pertaining to that maintenance. This will be outlined in the Homeowner's
Association documents to be provided in the near future.
30. This minor subdivision is not a part of, or contiguous with, a previously recorded
subdivision or unincorporated town site.
31. There will be no on-street parking permitted within the minor subdivision. This
will also be included in the Covenants, Codes, and Restrictions (CCRs) that are in
their draft form now and a final draft form will be provided to Weld County
Planning Services' staff within three weeks of submittal of this packet.
32. No additional accesses to the county, state, or federal highway will be created with
this minor subdivision. It should be noted that an access to a barn facility, which is
on Lot A of the Recorded Exemption, which runs through Lot 1 of this subdivision,
has not been shown on the Change of Zone map at the request of Weld County
Public Works/Weld County Planning Services. It should be noted that the owner is
interested in moving that access north outside the boundary of this subdivision;
therefore, no new accesses will be created, simply a relocation of an existing access.
33. As previously stated, and as shown on the plans and final plat, all ingress and egress
to all lots within the minor subdivision will be to the internal road circulation
system(i.e. Larkspur Lane). This will also be detailed in the CCRs.
34. Adequate facilities are provided for the handling of drainage and storm water
management for the proposed subdivision.
35. The maximum number of lots in this subdivision will be five lots.
36. This minor subdivision will not cause an unreasonable burden on the ability of local
governments or districts to provide fire or police protection or other services, as has
been demonstrated through the Change of Zone process.
The remainder of the submittal package includes a Minor Subdivision Final Plat Map.
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Ruc 09 . 00 10: 59a Wes Scott 970\785 0139 p. 2
Platteville Gilcrest Fire Protection District
PO. Box 407
Platteville CO 80651
Phone 970 785-2232
Fax 970 785-0139
07/28/2000
To Whom it may concern;
This letter is in reference to the recent application and referral in regards to the Ivory
Crest sub-division planned to be constructed north of highway 66 on county road 19. The
fire department required a water supply to this development in accordance with NFPA
standards. After meeting with Mr. Pickett and members of the Union Colony Fire
Department the following resolution has been reached.
Adequate water supply for this sub-division can be attained by the use of an existing
well located on the south east end of the property. This well will need to maintained by the
owner of the well and operable at all times of the year.The well will need to be fitted with a
five inch adapter compliant with the fire department threads. The well will be tested annually
by the fire department as part of the annual hydrant/water system maintenance plan.
Problems with the well will be the responsibility of the owner to maintenance and repair.
The fire department will have access to the well at any time.With all of the above conditions
met, the fire department position on the proposed subdivision is as below
Water supply to the subdivision can be achieved and appropriate fire protection to
the sub-development will be provided by the Platteville/Gilcrest Fire Protection District.
The fire department will be an active observer to the development to assure that the best
means of protection have been made. We are looking forward to working through the final
stages of this development and hope that constant communication can continue as
applicable in regards to the fire departments involvement is such building. If there axe any
questions, or the fire department can be of further service please feel free to contact me.
Ruc 03. 00 10 : 59a Lies Scott 970 785 0139 p. 3
r
Sincerely,
b >4
Wes Scott
Plattecile/Gilcrest Fire District Manager
From Land Title Guarantee Company ^ Tue Feb 20 21:30:15 2001 Page 3 of 8
J-, Old Rersibllc National title Insurance Company
AT,TA COMMITMENT
Our Order No. t O21222.5
Schedule A Cust. Ref.:
Property Address:
VACANT LAND
1. Effective Date: February 13, 2001 at 5:00 P.M.
2. Policy to he Issued, and Proposed Insured:
"ALTA"Owner's Policy 10-17-92 $0.00
Proposed Insured:
PARTY OR PARTIES 1'OliE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
DENVER CANADIAN, INC., A COLORADO CORPORATION
5. 'Fite land referred to in this Commitment Is described as follows:
LOT A, AMENDED RECORDED EXEMPTION NO. 1209.21-4-RE-2151, ACCORDING:TO THE. PLAT
RECORDED JANUARY 11, 2001 UNDER RECEPTION NO. 2818728 BEING A PART OF THE.EAST
HALF OF SECTION 21, TOWNSHIP 3 N'OR'M, EANCE 67 WEST O1�111E 6111 P. M., COUNTY OF
WELD, STATE OF COLORADO
From Land Title Guarantee Company ^ Tue Feb 20 21: 30:15 2001 Page 4 of 8
ALTA COMMIT NIENT
Schedule A-1
(Requirements) Our Order No. FC212225
the following are the requirements to be complied with:
Payment to or for the accotmt of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper irnmnnent(s) creating the estate or interest to be insured must be executed and duly tiled for record, to-wit:
1. RELEASE OF DEED OF'I'RLS'I' DA'Z'ED MARC11 O3, 1999 FROM DENVER CANADIAN, INC. 'LO
THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF FARMERS BANK TO SECURE
THE.SUM OF$217,304.32 RECORDED MARCH 15, 1999, UNDER RECEPTION NO.
2679855 (PARCEL l).
From Land Title Guarantee Company Tue Feb 20 21;30;15 2001 Page 5 of 8
.J� ALTA C'OMMITMEN -L'
Schedule A-2
(Exception.$) Our Order No. FC212225
the policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
L Rights of claims of panties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and airy facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens encumnbra yes, adverse claims or other matters, if any, created, first appearing in the public records or
attaching suhvequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens tor unpaid water and sewer charges, it any.
9. OIL AND GAS LEASE BETWEEN CURDS S'T'RONG AND ENERGY MINERALS CORPORATION
RECORDED AUGUST 24, 1970 UNDER RECEPTION NO. 1553501 IN BOOK 632 AND ANY
AND ALT. ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
10. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE.EASTERN PIPE LINE COMPANY, A
DELAWARE CORPORATION IN INSTRUMENT RECORDED OC tOBER 04, 1973, UNDER
RECEPTION NO. 1622535 TN BOOK 701
11. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPE LINE COMPANY, A
DELAWARE CORPORATION TN INSTRUMENT RECORDED AUGUST 11, 1980, UNDER
RECEPTION NO. 1832632 IN BOOK 911
12. RESERVATION OF A LIFETIME EST'A'TE IN '1'11E EXISTING OIL AND GAS PRODUCTIONS AS
SET FORTH TN DEEDS RECORDED OCTOBER 29, 1992 UNDER RECEPTION NO. 2308917
TN BOOK 1356 AND RECORDED APRIL 28, 1993 UNDER RECE..PTTON NO. 2330733 IN
BOOK 1380.
X13. TERMS, CONDITIONS AND PROVISIONS Oil EASEMENT DEED RECORDED MAY 09, 1996
UNDER RECEPTION NO. 2490218 TN BOOK 1546
From Land Title Guarantee Company �., Tue Feb 20 21: 30:15 2001 ,. Page 6 of 8
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. FC212225
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
or to the sutisraction or the Company:
14. ANY TAX, TARN, FEE., OR ASSESSMENT BY REASON OF INCLT:STON OF SUBJECT
PROPERTY TN THE.LONGMONT SOIT.CONSERVATION DISTRICT, AS EVIDENCED BY
INSTRUMENT RECORDED , , IN BOOK 1229 AT PACE 361.
15. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF LNCLUSION OF SUB,IECI
PROPERTY TN THE.NORTHERN COLORADO WATER CONSERVATORY DISTRICT .AS EVIDENCED
BY INSTRUMENT RECORDED SF.PTF.M ER 20, 1937, TINDER RECEPTION NO. 774846.
16. RIGHT OF WAY GRANTED TO THE GREELEY &NORTHERN RAILWAY &UTII.TTY COMPANY AS
DESCRIBED EN DEED RECORDED MARCH 14, 1906 IN BOOK 234 AT PACE 131.
17. RESERVATION OF ALL COAL AS CON'L'ALNED IN DEED FROM UNION PACIFIC RAILWAY CO.
TO ANDREW.. FT.T.TOTT, RECORDED FEBRUARY 21, 1898 IN BOOK 157 AT PAGE 80.
18. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE.SAME BE FOUND TO PENETRATE. OR INTERSECT THE.PREMISES
AS RESERVED LN UNITED SPATES PATENT RECORDED JULY 19, 1909, IN BOOK 131 AT
PAGE 272.
19. RESERVATION AS CONTAINED TN WARRANTY DEED FROM GLENN C. WILK'TN AND BETTY T_
WII.KTN RECORDED MARCH 22, 1954 AS FOLLOWS:
AT.SO RESERVING ONE-HALF OF ALL OIL, GAS AND MINERAL RIGHTS WITHIN SAID
PREMTSF_S FOR AND UNTIL JANUARY 1, 1974, AND SUBJECT TO PRESENT EXISTING
LEASE FOR OIL, ONE- HALF OF ALL RENTAL AND ROYALTY PAYMENTS ARE LIKEWISE
RESERVED TO THE GRANTORS.
20. EXISTING LEASES AND TENANCIES, IF ANY.
21. RESE.RVATTON OF ALL ROY.AT.TTRS FROM OFT, AND GAS PRODUCTION WITH RESPECT TO
THE.EXISTING OIT. AND GAS WELL KNOWN AS THE.STRONG#1 WELT. .AS RESERVED BY
BRADLEY B. DEROO AND CAROLYN C. DEROOIN WARRANTY DEED TO DENVER CANADIAN,
INC. AS RECORDED SEPTEMBER 23, 1996 TINDER RECEPTION NO. 2512044 IN BOOK
1568, AND ANY AND .ALL INTERESTS THEREIN OR RIGHTS THEREUNDER.
22. ALL NOTES, EASEMENTS AND RIGHTS OF WAY AS SHOWN ON RECORDED EXEMPTION NO.
From Land Title Guarantee Company ,..L„ Tue Feb 20 21:30:152001 Page 7 of 8
AL'1'A COM :MITMEN 'I
Schedule R•2
(Exceptions) Our Order No. FC212225
'the policy or policies to be issued will contain exceptions to the following unless the saute are disposed
of to the satisruction or the Company:
1209 21-4-RE-2151, AND AMENDED RECORDED EXEMPTION NO. 1209-21-4-RE-2151.
23. Ric11'1'OF WAY EASEMENT AS CHANTED TO DUKE DUKE ENERGY FIELD SERVICES, INC'.
IN TNSTRUMF.NT RECORDED APRIL.20, 1999, UNDER RECEPTION NO. 2688098.
24. ALL NOTES, EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND CONDITIONS OF PLAT
OF IVY CREST CHANGE OF ZONE PLAT RECORDED JANUARY 17, 2001 UNDER RECEPTION
NO. 2819583.
n
From Land Title Guarantee Company ^ Tue Feb 20 21: 30:15 2001 Page 8 of 8
..-�. LAND TITLE GUARANTEE COMPANI
DTSCLOST;RE ST.ATE\TF.NT
Required by C.R.S. 10-11.122
A) The subject real pmperty may he located in a special taxing district
B) A Certificate of'faxes Due listing each taxing Jurisdiction may be obtained from the County
Treasurer's authorized agent
C) the information regarding special districts and the boundaries of such districts may
he obtained fmm the Board of County Commissioners, the County Clerk and Recorder, or
the County Assessor.
Effective September 1, 1997, CRS 30-10406 requires that all documents received for recording or filing in the
cleric and recorder's office shall contain a tap margin of al lead one inch and a left, right and bottom margin of
at lease one half of an inch. the clerk and recorder may refuse to record or tile any document that does not
conform, except that, the requirement for the top margin shall not apply to documents using fanny on which
space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3.5-1, Panq;naph C of Article VTI requires that"Every
title entity shall he responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or thing of legal
documents resulting from the tnunsaction which was closed". Provided that T.and Title Guarantee
Company conducts the closing of the insured trataction and is responsible for recording the
legal documents from the transaction, exception number S will not appear on the Owner's'title
Policy and the Tenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be avatlable(typlcaliy by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance with the following conditions:
A. The land described in Schedule A of this connit ent must be a single calmly residence which
includes a condominium or townhouse unit
R. No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Contndtnent within the past 6 months.
C. The Company must receive an appmpiale affidavit indemnifying the Company against un-filed
mechanic's and material-men's liens.
D. 11e Company must receive payment of the appropriate premium.
F. Tf there has been construction, improvements or major repairs undertaken on the property to
he purchased within six months prior to the Date of the Commitment, the requirements to obtain
coverage for unrecorded liens will include: disclosure of certain construction intomatlon;
financial information as to the seller, the builder and or the contractor; payment of the
appmpriale premium fully executed indemnity Agreements satisfactory to the company, annd,
any additional requirements as may be necessary after an examination of the aforesaid
informal by the Company.
No coverage will be given under any circumstances for labor or material for which the inured
has contracted for or agreed to pay.
Nothing herein contained will be deemed to obligate the company to provide any of the
coverages referred to herein unless the above conditions are fully satisfied.
./J — C(Olo
FOUNDATION Consulting
ENGINEERING I Engineers, Inc.
October 28, 1998
Commission No.: 1772-39-01-01
Kenney &Associates
343 East Fourth Street
Loveland, Colorado 80537
Gentlemen: -
Enclosed is the drainage report for the proposed Ochsner Minor Subdivision, Weld County,
Colorado.
Our calculations show that the imperviousness of the five (5) lot subdivision will not increase
significantly from the existing conditions. We feel that no mitigation of runoff will be required as
a result of this development.
If you have any questions, please feel free to call.
Respectfully,
y A.c -Yl E
Jason E. Baker,
Civil Engineer
�. „00.4 `/s ",
evi;wed by, ..-,, C F`
A a t_1
•
es A. Cfierii,P.E.
FOLTIDATI�- C31bEF ING; CONSULT1NG ENGINEERS, LTD.
kinit 1q,'lliflil;0... .
JEB/jle •
5110 Granite Street Suite D •Loveland, Colorado 80538 .(970) 663-0138 .Fax (970) 663-1660
500 Kimbark Street, Suite 101 -Longmont, Colorado 80501 •(303) 702-0661 •Fax (303) 774-8413
INTRODUCTION
This Drainage Report is being prepared for the development of the proposed Ochsner Minor
Subdivision to be constructed in Weld County, Colorado. The site is situate in the East Half of
Section 21, Township 3 North, Range 67 West of the Sixth Prime Meridian, Larimer County.
Colorado. More specifically, the site is along the west side of Weld County Road No. 19,
approximately 1/8 mile north of Highway 66. This site is currently undeveloped. Refer to the
vicinity map on the subdivision plat.
HISTORIC FLOWS
This site is bordered by Weld County Road No. 19 on the east side, by a concrete lined ditch and
corn field on the west side, by a single family residence to the south, and gravel access road to the
north. Historic flow on this site is generally from east to west where the runoff flows into the
existing concrete lined ditch. The existing road at the northern portion of the site provides access
to this site and several other properties.
PROPOSED DRAINAGE IMPROVEMENTS
No drainage improvements are planned for this site. Calculations are provided showing that the
imperviousness of the site will be increased from 0.20 for the undeveloped site to 0.2305 for the
developed site. This is calculated with approximately 3,300 square feet of rooftop for each lot
(residences and outbuildings)and the two(2)gravel roadways on the west and north sides of the site.
Refer to the subdivision plat for location of the roadways. The gravel roadways will not change the
natural slopes and will allow drainage from east to west where runoff will flow into the existing
concrete lined ditch. It is our opinion that the increase in runoff will not be significant as a result of
this development and will require no mitigation.
CONCLUSIONS
1. The site does not sit in a regulated flood plain and is not subject to severe flooding problems.
2. Runoff on this site will not be significantly increased as a result of this site being developed.
HISTORIC INFILTRATION
Total area of site = 12.7 acres
Undeveloped runoff coefficient C =0.20
DEVELOPED INFILTRATION
Area of residences and outbuildings = 0.379 acres (2.98% of site)
Area of proposed road= 0.69 acres (5.43% of site)
Gravel road runoff coefficient C =0.35
Developed Coefficient of Infiltration
C = 0.2(0.9158) _ 0.95(0.0298) ± 0.35(0.0543) = 0.2305
2
EROSION CONTROL
Silt fencing should be used to prevent erosion during construction. The fence should be placed along
the west side of the new roadway. Native grasses should be re-seeded along the affected areas on
each side of the roadway. Additional erosion control measures should be addressed for each
residence to be constructed at that time. All erosion control measures should be constructed per the
pre-approved standard Weld County details.
3
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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
IVY CREST
(A Common Interest Community)
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
IVY CREST is made and entered into this day of March, 2001,
by BODELS CORPORATION, A COLORADO CORPORATION. ("Declarant") .
RECITALS
A. The Declarant is the owner of certain real property
located in the County of Weld, State of Colorado, which is more
particularly described on Exhibit "A" attached hereto and
incorporated herein by reference ("Declarant's Property") .
B. The Declarant desires to create and the Existing Unit
Owners desire to consent to the creation of a Common Interest
Community on the Property, pursuant to the Colorado Common Interest
Ownership Act, C.R.S. §38-33.3-101, et seq. , as it may be amended
from time to time ("Act") .
C. The name of the Common Interest Community to be created
upon the Property shall be IVY CREST.
D. The Common Interest Community shall be a Planned
Community.
E. Portions of the Common Interest Community shall be
designated for separate ownership and the remainder will be owned
by IVY CREST HOMEOWNERS' ASSOCIATION, a Colorado Nonprofit
Corporation, established by the Declarant for the purpose of
exercising the functions set forth herein.
ARTICLE I. SUBMISSION OF PROPERTY
The Declarant and the Existing Unit Owners hereby publish and
declare that the Property shall be held, sold, conveyed,
transferred, leased, subleased and occupied subject to the
following easements, covenants, conditions, and restrictions which
are for the purpose of protecting the value and desirability of the
Property, and which shall run with the Property and shall be
binding upon and inure to the benefit of all parties having any
right, title, or interest in the Property, or any portion thereof,
their heirs, personal representatives, successors, and assigns.
Additionally, the Declarant hereby submit the Property to the
provisions of the Act. To the extent this Declaration is silent on
a matter covered by the Act, it is intended that the provisions of
the Act apply. In the event the Act is repealed, the Act as it was
in effect on the effective date of such repeal shall remain
applicable.
ARTICLE II. DEFINITIONS
2.1 When used in this Declaration, unless the context clearly
indicates otherwise, capitalized terms not otherwise defined in the
Act or in the Plat of the Property shall have the meanings provided
in the following sections of this Article:
2.1.1 "Act" shall mean and refer to the Colorado
Common Interest Ownership Act, C.R.S. §38-33.3-101, et seq. , as it
may be amended from time to time.
2.1.2 "Allocated Interest" shall mean and refer to
the Common Expense Liability and vote in the Association allocated
to each Unit.
2.1.3 "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.
2.1.4 "Assessments" shall mean and refer to all
Common Expense Assessments, Special Assessments, Water Assessments,
Individual Assessments and Fines levied by the Executive Board
pursuant to this Declaration, the Bylaws or the Rules and
Regulations.
2.1.5 "Association" shall mean and refer to Ivy Crest
Homeowners' Association, a Colorado Nonprofit Corporation, its
successors and assigns, organized and existing under §301 of the
Act.
2.1.6 "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.
2.1.7 "Common Elements" shall mean and refer to any
real estate or real property interests, together with improvements
thereon, within the Common Interest Community which are owned,
leased or controlled by the Association for the common use, benefit
and enjoyment of the Unit Owners, including all easements acquired
by the Association, together with any and all water rights and
water delivery rights owned or leased by the Association.
2.1.8 "Common Expense Assessments" shall mean and
refer to all Assessments made for Common Expenses.
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2.1.9 "Common Expenses" shall mean and refer to
expenditures made or liabilities incurred by or on behalf of the
Association, together with any allocations to reserves. These
expenses for the operation of the Common Interest Community
include, but are not limited to:
(a) expenses of administering, maintaining,
leasing, insuring or replacing the Common Elements;
(b) expenses declared to be Common Expenses by
the Declaration;
(c) expenses agreed upon as Common Expenses by
the Association;
(d) such reasonable reserves as may be
established by the Association, whether held in trust or by the
Association, for repair, replacement or addition to the Common
Elements or any other real or personal property acquired or held by
the Association.
2.1.10 "Common Interest Community" shall mean and
refer to the Property described on Exhibit "A" attached hereto and
incorporated herein by reference.
2.1.11 "Declarant" shall mean and refer to BODELS
!- CORPORATION, A COLORADO CORPORATION, or any other Person or group
of Persons acting in concert who:
(a) As a part of a common promotional plan,
offer to dispose of to a Purchaser such Declarant's interest in a
Unit not previously disposed of to a Purchaser; or
(b) Reserve or succeed to any Special
Declarant Right.
2.1.12 "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 office of
the Clerk and Recorder of Weld County, Colorado.
2.1.13 "Design Guidelines" shall mean and refer to the
guidelines and rules published and amended and supplemented from
time to tine by the Design Review Committee.
2.1.14 "Design Review Committee" shall mean and refer
to the committee established to review and approve plans for the
construction of improvements on Units as set forth in Article XI of
this Declaration.
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2.1.15 "Director" shall mean and refer to a member of
the Executive Board.
2.1.16 "Documents" shall mean and refer to this
Declaration, the Plat as recorded and filed, the Bylaws, the Design
Guidelines and the Rules and Regulations as they may be amended
from time to time, together with any exhibit, schedule or
certificate accompanying such Documents.
2.1.17 "Dwelling Unit" shall mean and refer to a
residential dwelling constructed on a Unit designated and occupied
as a residence for a Single Family.
2.1.18 "Executive Board" shall mean and refer to the
Executive Board designated in the Declaration to act on behalf of
the Association.
2.1.20 "Fines" shall mean and refer to any monetary
penalty imposed by the Executive Board against a Unit Owner because
of a violation of this Declaration, the Articles of Incorporation
of the Association, its Bylaws or the Rules and Regulations by such
Unit Owner, a member of the Unit Owner's family or tenant or guest
of the Unit Owner or a member of a family of a tenant of a Unit
Owner.
2.1.21 "Individual Assessments" shall mean and refer
to any assessment made against the Unit of a Unit Owner pursuant to
the provisions of this Declaration, the Bylaws or the Rules and
Regulations, other than a Common Expense Assessment, Special
Assessment or a Water Assessment.
2.1.24 "Lot" shall mean and refer to a physical
portion of the Common Interest Community which is designated for
separate ownership or occupancy and the boundaries of which are
described in or determined from the Declaration and/or Plat, County
of Weld, State of Colorado. The term "Lot" as used in this
Declaration shall have the same meaning as the term "Unit" as used
in the Act.
2.1.25 "Manager" shall mean and refer to a Person
employed or engaged to perform management services for the Common
Interest Community and the Association.
2.1.26 "Member" shall mean and refer to every person
or entity who holds membership in the Association.
2.1.27 "Owner" shall mean and refer to the record
owner, whether one (1) or more persons or entities, of a fee or
undivided fee interest in any Unit, as defined herein, which is
part of the Property, including contract purchasers, but excluding
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those having such interest merely as security for the performance
of an obligation.
2.1.28 "Person" shall mean and refer to an individual,
corporation, business trust, estate, limited liability company,
limited partnership, general partnership, association, joint
venture, government, government subdivision or agency, or other
legal or commercial entity.
2.1.29 "Plat" shall mean and refer to the Plat of Ivy
Crest, as it has been or will be recorded and may be amended from
time to time, in the records of the office of the Clerk and
Recorder of Weld County, Colorado.
2.1.30 "Property" shall mean and refer to all of the
real property described on Exhibit "A" attached hereto and
incorporated herein by reference.
2.1.31 "Purchaser" shall mean and refer to a Person,
other than a Declarant or a Dealer, who, by means of a transfer,
acquires a legal or equitable interest in a Unit, other than:
(a) A leasehold interest in a Unit of less
than forty (40) years, including renewal options, with the period
of the leasehold interest, including renewal options, being
measured from the date the initial term commences; or
(b) A Security Interest.
2.1.32 "Rules and Regulations" shall mean and refer to
any instruments, however denominated, which are adopted by the
Association for the regulation and management of the Common
Interest Community, including any amendment to those instruments.
2.1.33 "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 Unit
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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2.1.34 "Single Family" shall mean and refer to a group
of persons related by blood or marriage living together as a family
unit, or any other group of persons living together as one (1)
family for living and cooking purposes, provided that no unrelated
group of more than three (3) people shall be deemed a Single
Family.
2.1.35 "Special Assessment" shall mean and refer to
the special assessment for capital improvements described in
Section 7.4 of this Declaration.
2.1.36 "Special Declarant Rights" shall mean and refer
to the rights reserved for the benefit of the Declarant to perform
those acts specified in Article X hereinafter.
2.1.37 "Unit" shall mean and refer to a physical
portion of the Common Interest Community designated for separate
ownership or occupancy, the boundaries of which are described in
the Declaration, including the Plat of the Property.
2.1.38 "Unit Owner" shall mean and refer to the
Declarant, the Existing Unit Owners or other Person who owns a Unit
but does not include a Person having an interest in a Unit solely
as security for an obligation. The Declarant is the Owner of any
Unit created in the Declaration until that Unit is conveyed to
another Person.
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2.2 Other Terms Defined in Act. Unless the context clearly
indicates otherwise, other terms defined in the Act shall have the
meanings attributable to such terms in the Act.
2.3 Other Terms in Declaration. Other terms in this
Declaration may be defined in specific provisions contained herein
and shall have the meaning assigned by such definition.
ARTICLE III. COMMON INTEREST COMMUNITY
3.1 Name. The name of the Common Interest Community is IVY
CREST.
3.2 Association. The name of the Association is IVY CREST
HOMEOWNERS' ASSOCIATION.
3.3 Planned Community. The Common Interest Community is a
Planned Community.
3.4 County. The name of every county in which any part of
the Common Interest Community is situate is Weld County, Colorado.
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3.5 Legal Description. The legal description of the Property
included in the Common Interest Community is set forth on
Exhibit "A" attached hereto and incorporated herein by reference.
3.6 Maximum Number of Units. The maximum number of Units
that the Declarant reserves the right to create within the Common
Interest Community is five (5) .
3.7 Boundaries of Units. The boundaries and identifying
number of each Unit created by the Declaration are set forth on the
Plat of the Property.
3.8 No Limited Common Elements. The Common Interest
Community does not include any Limited Common Elements nor may any
real estate be subsequently allocated as Limited Common Elements.
3.9 Recording Data. All easements and licenses to which the
Common Interest Community is presently subject are listed on
Exhibit "B" attached hereto and incorporated herein by reference.
3.10 Notices. Notice of matters affecting the Common
Interest Community may be given to Unit Owners by the Association
or by other Unit Owners in the following manner: Notice shall be
hand delivered or sent by United States mail, postage prepaid, to
the mailing address of each Unit or to any other mailing address
designated in writing by the Unit Owner to the Association. Such
�. notice shall be deemed given when hand delivered or when deposited
in the United States mail, postage prepaid.
ARTICLE IV. MEMBERSHIP, VOTING RIGHTS AND ALLOCATIONS
4.1 Membership. Every Unit Owner of a Unit 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 Unit which is subject to Common Expense
Assessments by the Association. Ownership of such Unit shall be
the sole qualification for membership. When more than one (1)
Person holds a membership interest in any Unit, all such Persons
shall be Members. The vote for such Unit shall be exercised as
they among themselves determine, but in no event shall more than
one (1) vote be cast with respect to any Unit.
4.2 Voting Rights and Assignment of Votes. The effective
date for assigning votes to Units created pursuant to this
Declaration shall be the date on which this Declaration is recorded
in the records of the Clerk and Recorder of Weld County, Colorado.
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4.3 Allocated Interests. The Common Expense Liability and
votes in the Association allocated to each Unit are set forth as
follows:
(a) The percentage of liability for Common Expenses
shall be allocated on the basis of equal liability for each Unit;
and
(b) The number of votes in the Association shall be
allocated on the basis of one (1) vote for each Unit.
ARTICLE V. ASSOCIATION
5.1 Authority and Power. The business and affairs of the
Common Interest Community shall be managed by the Association. The
administration of the Common Interest Community shall be governed
by this Declaration, the Act, the Articles of Incorporation, the
Bylaws, the Design Guidelines and published Rules and Regulations
of the Association. The Association shall have all of the powers,
authority and duties permitted pursuant to the Documents and the
Act which are necessary and proper to manage the business and
affairs of the Common Interest Community.
5.2 Declarant Control. Subject to the limitations of §303 of
the Act, the Declarant, or persons designated by it, may appoint
and remove the officers of the Association and members of the
Executive Board for a period of five (5) years after this
Declaration is recorded in the office of the Clerk and Recorder of
Weld County, Colorado.
5.3 Executive Board Powers and Duties. The Executive Board
may act in all instances on behalf of the Association, except as
provided in this Declaration or the Bylaws. The Executive Board
shall have, subject to the limitations contained in this
Declaration and the Act, the powers and duties necessary for the
administration of the affairs of the Association and of the Common
Interest Community, which shall include, but not be limited to, the
following:
(a) Adopt and amend Bylaws.
(b) Adopt and amend Rules and Regulations regarding the
use and enjoyment of the Common Elements, and the activities of
occupants thereon.
(c) Adopt and amend budgets for revenues, expenditures
and reserves.
(d) Collect Assessments from Unit Owners.
(e) Hire and discharge Managers.
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(f) Hire and discharge independent contractors,
employees and agents, other than Managers.
(g) Institute, defend or intervene in litigation or
administrative proceedings or seek injunctive relief for violation
of the Documents in the Association's name, on behalf of the
Association, or two (2) or more Unit Owners on any matters
affecting the Common Interest Community.
(h) Make contracts and incur liabilities.
(i) Regulate the use, maintenance, repair, replacement
and modification of the Common Elements.
(j) Cause additional improvements to be made as a part
of the Common Elements.
(k) Acquire, hold, encumber and convey in the
Association's name, any right, title or interest to real estate or
personal property, but the Common Elements may be conveyed or
subjected to a Security Interest only pursuant to this Declaration
and applicable law.
(1) Grant easements for any period of time, including
permanent easements, leases, licenses and concessions through or
over the Common Elements.
(m) Impose and receive a fee or charge for the use,
rental or operation of the Common Elements and for services
provided to Unit Owners.
(n) Impose a reasonable charge for late payment of
Assessments and levy a Fine for violation of this Declaration, the
Bylaws and the Rules and Regulations of the Association.
(o) Impose a reasonable charge for the preparation and
recordation of supplements or amendments to this Declaration and
for statements of unpaid Assessments.
(p) Provide for the indemnification of the Association's
officers and the Executive Board and maintain Directors' and
officers' liability insurance.
(q) Assign the Association's right to future income,
including the right to receive Common Expense Assessments, only
upon the affirmative vote of the Unit Owners of Units to which at
least eighty percent (80%) of the votes in the Association are
allocated, at a meeting called for that purpose.
(r) Exercise any other powers conferred by the
Documents.
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irk es\
(s) Exercise any other power that may be exercised in
the State of Colorado by a legal entity of the same type as the
Association.
(t) Exercise any other power necessary and proper for
the governance and operation of the Association.
(u) By resolution, establish permanent and standing
committees of Directors to perform any of the above functions under
specifically delegated administrative standards as designated in
the resolution establishing the committee. All committees must
maintain and publish notice of their actions to Unit Owners and the
Executive Board. However, actions taken by a committee may be
appealed to the Executive Board by any Unit Owner within forty-five
(45) days of publication of a notice. If an appeal is made, the
committee's action must be ratified, modified or rejected by the
Executive Board at its next regular meeting.
5.4 Professional Management and Contract Termination
Provisions. The Association may utilize professional management in
performing its duties hereunder. Any agreement for professional
management of the Association's business shall have a maximum term
of three (3) years and shall provide for termination by either
party thereto, with or without cause, and without payment of a
termination fee, upon sixty (60) days' prior written notice. Any
contracts, licenses or leases entered into by the Association while
there is Declarant control of the Association shall provide for
termination by either party thereto, with or without cause and
without payment of a termination fee, at any time after termination
of Declarant control of the Association, upon sixty (60) days'
prior written notice; provided, however, that any contract entered
into at any time by the Association providing for services of the
Declarant shall provide for termination at any time by either party
thereto without cause and without payment of a termination fee upon
sixty (60) days' prior written notice.
5.5 Executive Board Limitations. The Executive Board may not
act on behalf of the Association to amend this Declaration, to
terminate the Common Interest Community, or to elect members of the
Executive Board or determine their qualifications, powers and
duties or the terms of office of Executive Board members, but the
Executive Board may fill vacancies in its membership for the
unexpired portion of any term.
5.6 Owner's Negligence and Individual Assessments.
Notwithstanding anything to the contrary contained in this
Declaration, or in the event that the need for maintenance or
repair of the Common Elements or any improvements located thereon
is caused by the willful or negligent act, omission or misconduct
of any Unit Owner, or by the willful or negligent act, omission or
misconduct of any member of such Unit Owner's family, or by a guest
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or invitee of such Unit Owner, or any tenant or tenant's family,
the costs of such repair and maintenance shall be the personal
obligation of such Unit Owner, and any costs, expenses and fees
incurred by the Association for such maintenance, repair or
reconstruction shall constitute an "Individual Assessment" and
shall be added to and become part of the Assessment to which such
Owner's Unit is subject and shall be a lien against such Owner's
Unit as provided in this Declaration. A determination of the
willful or negligent act, omission or misconduct of any Unit Owner
or any member of a Unit Owner's family, or a guest or invitee of
any Unit Owner, or tenant or tenant's family, resulting in an
Individual Assessment and the amount of the Individual Assessment
shall be determined by the Association after notice to the Unit
Owner and the right to be heard before the Executive Board in
connection therewith, provided that any such determination for an
Individual Assessment pursuant to the terms of this section may be
appealed by said Unit Owner to a court of law.
ARTICLE VI. COMMON ELEMENTS AND EASEMENTS
6.1 Dedication of Common Elements. The Declarant hereby
dedicates the Common Elements to the common use and enjoyment of
the Members, as hereinafter provided.
6.2 Description, Installation and Conveyance of Common
Elements. Subject to all existing easements, reservations,
restrictions, covenants, agreements and encumbrances of record and
subject to the further limitations and restrictions set forth in
this Article VI, the Common Elements within the Common Interest
Community shall consist of the following real property, entrance
signage, and easements:
(a) Outlot A. The Common Elements shall include
Outlot A consisting of approximately ( .279) acre, more or less.
Outlot A shall be conveyed by the Declarant to the Association by
bargain and sale deed within ten (10) days following the
recordation of this Declaration.
(d) Easements on Plat. The Common Elements shall
include entrance signage and landscaping easements, utility
easements.
6.3 Maintenance and Regulation of Common Elements. After the
installation of all improvements, facilities and landscaping within
the Common Elements by the Declarant as required by the County of
Weld, Colorado,and pursuant to the terms of Section 6.2 above, such
improvements, facilities and landscaping shall be maintained,
repaired and replaced by the Association as necessary so that such
Common Elements present an aesthetically attractive appearance to
serve the purposes for which such improvements, facilities and
landscaping were installed. The Association shall be responsible
/a.
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i^^ for the maintenance, repair, renovation, management and control of
the Common Elements.
Subject to any maintenance responsibilities of any public or
quasi-public utilities, the Association may adopt such Rules and
Regulations as shall be necessary for the proper maintenance,
repair, renovation, management and control of the Common Elements.
6.4 Owners' Easements of Enjoyment. Each Unit Owner shall
have a right and easement of enjoyment in and to the Common
Elements and such easement shall be appurtenant to and shall pass
with title to every Unit, subject to the following provisions:
(a) The right of the Association to promulgate and
publish reasonable Rules and Regulations as provided in this
Declaration.
(b) The right of the Association to suspend voting
rights and the right to use the Common Elements by an Owner for any
period during which any Assessment against his or her Unit remains
unpaid; and for a period not to exceed sixty (60) days for any
infraction of its published Rules and Regulations.
(c) The right of the Association to dedicate or
transfer any part of the Common Elements to any public agency,
authority, utility or other entity for such purposes and subject to
such conditions as may be agreed to by the Members, provided that
no such dedication or transfer shall be effective unless the Owners
entitled to cast at least eighty percent (80%) of the votes of the
Association, including eighty percent (80%) of the votes allocated
to Units not owned by the Declarant, agree to such dedication,
transfer, purpose or condition, and unless written notice of the
proposed agreement and action thereunder is sent to every Unit
Owner at least thirty (30) days in advance of any action taken; and
provided further that the granting of easements for public
utilities or for other public purposes consistent with the intended
use of the Common Elements shall not be deemed a transfer within
the meaning of this clause. An agreement to dedicate, transfer or
convey all or any part of the Common Elements must be evidenced by
execution and recordation of an agreement or ratification thereof,
in the same manner as a deed by the requisite number of Unit
Owners. Such agreement must specify a date after which the
agreement will be void unless recorded before that date.
6.5 Delegation of Use. A Unit Owner may delegate, in
accordance with the Bylaws, his or her right of enjoyment to the
Common Elements and facilities to the members of his or her family,
tenants, or contract purchasers who reside on his or her Unit.
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ARTICLE VII. COVENANT FOR MAINTENANCE ASSESSMENTS
7.1 Creation of Lien and Personal Obligation of Assessments
and Special Assessments. The Existing Unit Owners and the
Declarant, for each Unit owned within the Property, shall be deemed
to covenant and agree, and each Owner of any Unit, by acceptance of
a deed therefor, whether or not it shall be so expressed in any
such deed or other conveyance, 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 as
herein provided. Said Assessments, Fines, interest and costs of
collection, including reasonable attorneys' fees, shall be a charge
on the land and shall be a continuing lien upon the Unit against
which each such Assessment or Fine is made. Such Assessments and
Fines, including reasonable attorneys' fees, shall be the personal
obligation of the Person who was the Owner of such Unit at the time
when the Assessment or Fine fell due. The personal obligation for
any delinquent Assessment or Fine shall not pass to his or her
successors in title unless expressly assumed by them. No Unit
Owner may become exempt from liability for payment of Assessments
or Fines by waiver of the use or enjoyment of the Common Elements
or by abandonment of the Unit against which Assessments are made.
7.2 Purpose of Assessments. The Assessments levied by the
Association through its Executive Board shall be used exclusively
for the purpose of promoting the health, safety and welfare of the
residents in the Common Interest Community; for the maintenance,
repair and upkeep of the Common Elements and for any other
maintenance obligations or common services which may be deemed
necessary by the Association for the common benefit of the Unit
Owners, or the maintenance of property values, or for the payment
of expenses which may be incurred by virtue of an agreement with or
requirement of any town, county or other local government
authority. The Assessments shall further be used to provide
adequate insurance of various types, and in such amounts deemed
necessary by the Executive Board, with respect to the Common
Elements located within the Common Interest Community. Further,
the Assessments shall provide a reserve fund for replacements on a
periodic basis as the Executive Board determines necessary to
adequately provide for such replacements as may be required by this
Declaration.
7.3 Annual Common Expense Assessment. The total annual
Common Expense Assessment against all Units 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 such Common Expense Assessment year, which estimates may
include, among other things:
(a) Expenses of management;
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(b) Premiums for all insurance which the
Association is required or permitted to maintain;
(c) Repairs and maintenance;
(d) Wages for Association employees, if any;
(e) Legal and accounting fees;
(f) Any deficit remaining from a previous
Assessment year;
(g) The creation of reasonable contingency
reserves, working capital and/or sinking funds; and
(h) 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 Unit Owners under or by reason
of this Declaration.
Such Common Expense Assessments shall be collected at such
intervals as is determined by the Executive Board but not less
frequently than on an annual basis.
7.4 Special Assessments.
(a) In addition to the Common Expense Assessments
authorized above, the Association may at any time, from time to
time, determine, levy and assess a Special Assessment for the
purpose of defraying in whole or in part, payments for any
operating deficit and/or unbudgeted costs, fees and expenses of any
construction, reconstruction, repair, demolition, replacement or
maintenance of the Common Elements or for "Capital Improvements."
Any such Special Assessment made by the Executive Board must be
approved by not less than seventy-five percent (75%) 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 Declarant without written
Approval by the Declarant. The amounts determined, levied and
assessed pursuant hereto shall be assessed equally against each
Unit.
(b) "Capital Improvements," as used herein, shall
mean the construction, erection or installation of substantial
structure(s) or other substantial improvement(s) in the Common
Interest Community, but shall not include the construction,
reconstruction, erection, installation, maintenance, repair or
replacement of the Common Elements presently located on the
Property or which may hereafter be constructed, erected or
installed on the Property by the Declarant in its development of
the Common Interest Community. Notice in writing setting forth the
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amount of such Special Assessment per Unit and the due date for
payment thereof shall be given to the Unit Owners not less than
thirty (30) days prior to such due date.
(c) Notice and Quorum. Written notice of any
meeting called for the purpose of taking any action authorized
under this section shall be sent to all Members not less than five
(5) nor more than thirty (30) days in advance of the meeting. At
the first such meeting called, the presence of Members or of
proxies, if permitted, entitled to cast sixty percent (60%) 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-five
percent (25%) of all votes of the membership. No such subsequent
meeting shall be held more than sixty (60) days following the
preceding meeting.
7.5 Rate of Assessment. Both annual Common Expense
Assessments and Special Assessments shall be fixed at a uniform
rate for all Units.
7.7 Date of Commencement of Annual Common Expense
Assessments, and Budget. Common Expense Assessments shall begin on
the first day of the month in which conveyance of the first Unit to
a Unit Owner other than the Declarant occurs, subsequent to the
recording of this Declaration. The first Common Expense Assessment
shall be prorated according to the number of days remaining in the
Assessment period established by the Executive Board. The
Executive Board shall fix the amount of the annual Common Expense
Assessment against each Unit at least yearly. Written notice of
the Common Expense Assessment shall be sent to every Unit Owner
subject thereto. Common Expense Assessments shall be collected at
such intervals and in such installments as the Executive Board
shall determine. The due dates shall be established by the
Executive Board. After the first budget year of the Association,
within thirty (30) days after adoption of a proposed budget for the
Common Interest Community, the Executive Board shall provide a
summary of the budget to each Unit Owner and shall set a date for
a meeting of the Unit 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. Unless
at that meeting a majority of all Unit Owners reject the budget,
the budget is ratified, whether or not a quorum is present. If the
proposed budget is rejected, the periodic budget last ratified by
the Unit Owners continues until the Unit Owners ratify a new budget
proposed by the Executive Board.
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7.8 Association Lien and Effect of Non-Payment of
Assessments. The Assessments, charges, fees, Fines, impositions,
interest, costs, late charges, expenses and reasonable attorneys'
fees which may arise under the provisions of this Declaration,
shall be burdens running with, and perpetual liens in favor of the
Association upon the specific Unit to which such Assessments apply.
Recording of the Declaration constitutes record notice and
perfection of the Association's lien. Further recording of a claim
of lien for an Assessment under this section is not required. Any
Assessment, charge or fee provided for in this Declaration, or any
installment thereof, which is not fully paid within ten (10) days
after the due date thereof shall bear interest at the rate of
eighteen percent (18%) per annum from the due date, and the
Association may assess a late charge thereon. In the event of
default in which any Unit Owner does not make payment of any
Assessment levied against his or her Unit within ten (10) days of
the due date, the Executive Board shall have the right to declare
all unpaid Assessments for the pertinent fiscal year immediately
due and payable. Further, the Association may bring an action at
law or in equity, or both, against any Unit Owner personally
obligated to pay such overdue Assessments, charges or fees, or
installments thereof, and may also proceed to foreclose its lien
against such Owner's Unit. An action at law or in equity by the
Association against a Unit Owner to recover a money judgment for
unpaid Assessments, charges or fees, or installments thereof, may
be commenced and pursued by the Association without foreclosing or
in any way waiving, the Association's lien therefor. In the event
that any such Assessment, charge or fee, or installment thereof, is
not fully paid when due and the Association shall commence such
action (or shall counterclaim or crossclaim for such relief in any
action) against any Unit Owner personally obligated to pay the
same, or shall proceed to foreclose its lien against the particular
Unit, then all unpaid Assessments, charges and fees, and all unpaid
installments thereof, and any and all late charges and accrued
interest under this section, the Association's costs, expenses and
reasonable attorneys' fees incurred in preparing and recording any
lien notice, and the Association's costs of suit, expenses and
reasonable attorneys' fees incurred for any such action and/or
foreclosure proceedings shall be taxed by the court as a part of
the cost of any such action or foreclosure proceeding and shall be
recoverable by the Association from any Unit Owner personally
obligated to pay the same and from the proceeds of the foreclosure
sale of such Owner's Unit. Foreclosure or attempted foreclosure by
the Association of its lien shall not be deemed to estop or
otherwise preclude the Association from thereafter again
foreclosing or attempting to foreclose its lien for any subsequent
Assessment, charge or fee, or installment thereof, which is not
fully paid when due. The Association shall have the power and
right to bid on or purchase any Unit at foreclosure or other legal
sale, and to acquire and hold, lease, mortgage, vote the
Association votes appurtenant to ownership thereof, convey or
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otherwise deal with the same. A lien for an unpaid Assessment is
extinguished unless proceedings to enforce the lien are instituted
within six (6) years after the full amount of Assessments becomes
due, except that if an Owner of a Unit subject to a lien under this
section filed a petition for relief under the United States
Bankruptcy Code, the time period for instituting proceedings to
enforce the Association's lien shall be tolled until ninety (90)
days after the automatic stay of proceedings under §362 of the
Bankruptcy Code is lifted. In any action by the Association to
collect Assessments or to foreclose a lien for unpaid Assessments,
the court may appoint a receiver for the Unit to collect all sums
alleged to be due from the Unit Owner or a tenant of the Unit Owner
prior to or during the pendency of the action. The court may order
the receiver to pay any sums held by the receiver to the
Association during the pendency of the action to the extent of the
Association's Assessments, based on a periodic budget adopted by
the Association.
7.9 Subordination of Lien to Security Interests. A lien
under this section is prior to all other liens and encumbrances on
a Unit except:
(a) Liens and encumbrances recorded before the
recordation of this Declaration;
(b) A First Security Interest on the Unit recorded
before the date on which the Assessment sought to be enforced
became delinquent; and
(c) Liens for real estate taxes and other
governmental assessments or charges against the Unit.
A lien under this section is also prior to all Security
Interests to the extent that the Assessments are based on the
periodic budget adopted by the Association and which would have
become due, in the absence of acceleration, during the six (6)
months immediately preceding institution of an action to enforce
either the Association's lien or a Security Interest, and statutory
liens recognized under Colorado law. If a holder of a First
Security Interest in a Unit forecloses that Security Interest, the
Purchaser at the foreclosure sale is not liable for any unpaid
Assessments against the Unit which became due before the sale,
other than the Assessments which are prior to the Security Interest
under this section of the Declaration. Any unpaid Assessments not
satisfied from the proceeds of sale become Common Expenses
collectible from all Unit Owners, including the Purchaser. Sale or
transfer of any Unit shall not affect the lien for said Assessment
charges except that a sale or transfer of any Unit pursuant to
foreclosure of any First Security Interest, or any proceeding in
lieu thereof, including deed in lieu of foreclosure, or
cancellation or forfeiture of any such executory land sales
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contracts shall only extinguish the lien of Assessment charges
which become due more than six (6) months immediately preceding
institution of an action to enforce either the Association's lien
or a Security Interest, and statutory liens recognized under
Colorado law. No such sale, transfer, foreclosure or other
proceeding in lieu thereof, including deed in lieu of foreclosure,
shall relieve any Unit from liability for any Assessment charges
thereafter becoming due, nor from the lien thereof. This section
does not affect the priority of mechanics' or materialmen's liens.
7.10 Record of Receipts and Expenditures. The Association
shall keep detailed and accurate records in chronological order of
all of its receipts and expenditures, specifying and itemizing the
maintenance and repair of expenses of the Common Elements and any
other expenses incurred. Such records and the vouchers authorizing
the payments shall be available on request for examination by the
Unit Owners and others with an interest, such as prospective
lenders.
7.11 Notice to Security Interest. Upon the request of a
holder of a First Security Interest on a Unit, and upon payment of
reasonable compensation therefor, the Association shall report to
such party any unpaid Assessment or other defaults under the terms
of this Declaration which are not cured by the Unit Owner within
thirty (30) days.
ea, 7.12 Certificate of Status of Assessments. The Association,
upon written request to the Association's registered agent,
personally delivered or delivered by certified mail, first class
postage prepaid, return receipt requested, and upon payment of a
reasonable fee, but in no event less than Ten Dollars ($10.00) ,
shall furnish to a Unit Owner or such Unit Owner's designee or to
a holder of a Security Interest or its designee, a statement, in
recordable form, setting out the amount of the unpaid Assessments
against the Unit. The statement must be furnished within fourteen
(14) business days after receipt of the request and is binding on
the Association, the Executive Board and each Unit Owner. A
properly executed certificate of the Association as to the status
of Assessments on a Unit is binding upon the Association as of the
date of its issuance. Omission or failure to fix an Assessment or
deliver or mail a statement for any period shall not be deemed a
waiver, modification or release of a Unit Owner from his or her
obligation to pay the same.
7.13 Homestead. The lien of the Association Assessments
shall be superior to any homestead exemption as is now or may
hereafter be provided by Colorado or federal law. The acceptance
of a deed to land subject to this Declaration shall constitute a
waiver of the homestead exemption as against said lien.
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7.14 Exempt Property. The following property subject to the
Declaration shall be exempted from the Assessments, charges and
liens created herein:
(a) All properties to the extent of any easement
or other interest therein dedicated and accepted by a municipal or
quasi-municipal corporation or other local public utility or
authority and devoted to public use.
(b) All Common Elements.
7.15 Common Expenses Attributable to Fewer than All Units.
7.15.1 An Assessment to pay a judgment against the
Association may be made only against the Units in the Common
Interest Community at the time the judgment was entered, in
proportion to their Common Expense Liabilities.
7.15.2 If a Common Expense is caused by the
misconduct of a Unit Owner, the Association may assess that expense
exclusively against that Unit Owner's Unit.
7.15.3 Fees, charges, taxes, impositions, late
charges, Fines, collection costs and interest charged against a
Unit Owner pursuant to the Documents and the Act are enforceable as
Common Expense Assessments.
ARTICLE VIII. INSURANCE
8.1 Insurance Requirements Generally. To the extent
reasonably available, the Association shall obtain and maintain
insurance described in this Article. If such insurance is not
reasonably available, and the Executive Board determines that any
insurance described in this Article will not be provided by the
Association, the Executive Board shall cause notice of that fact to
be hand delivered or sent, postage prepaid, by United States mail
to all Unit Owners at their respective last known addresses. All
such insurance shall be underwritten, to the extent possible, with
companies licensed to do business in Colorado having a Best's
Insurance Report rating of A/VI or better covering the risks
described below. To the extent possible, property and liability
insurance shall incorporate the following:
8.1.1 Waiver. A waiver by the insurer of any right
to subrogation under the policy against a Unit Owner, members of
the household of a Unit Owner, and the Association, its Directors,
officers, employees and agents.
8.1.2 Act or Omission. An act or omission by a Unit
Owner will not void the policy or be a condition of recovery under
the policy.
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8.1.3 Severability of Interest. A "severability of
interest" clause shall be included providing that the insurance
cannot be canceled, invalidated or suspended on account of the
negligent or intentional acts of the Association, its Directors,
officers, employees and agents.
8.1.4 Other Insurance. If there is other insurance
in the name of a Unit Owner at the time of a loss which covers the
same risk covered by the Association policy, the Association's
policy shall provide primary insurance.
8.1.5 Adjusted Losses. All losses must be adjusted
with the Association as agent of the Unit Owners.
8.1.6 Policies from Casualty Insurance. Proceeds
from the casualty policy on account of loss shall be paid to an
insurance trustee if one is designated in the policy for that
purpose and otherwise to the Association, but, in any case,
proceeds shall be held in trust for the Unit Owner and the holder
of a Security Interest of such Unit Owner.
8.1.7 Cancellation. The insurer may not cancel or
refuse to renew the policy until thirty (30) days after notice of
the proposed cancellation or nonrenewal has been mailed to the
Association.
8.1.8 Name of Insured. The policy shall be issued in
the name of Ivy Crest Homeowners' Association for the use and
benefit of the individual Owners.
8.1.9 Maximum Deductible. The maximum deductible for
casualty insurance shall be the lesser of Five Thousand Dollars
($5,000.00) or one percent (1%) of the face amount of the policy.
8.2 Public Liability and Property Damage Insurance. The
Association shall obtain and maintain comprehensive public
liability insurance, including non-owned and hired automobile
liability coverage and personal injury liability coverage, covering
liabilities of the Association, its Directors, officers, employees,
agents and Members arising in connection with the ownership,
operation, maintenance, occupancy or use of the Common Elements and
any other area the Association is required to maintain, repair or
replace pursuant to this Declaration with a minimum single limit or
per occurrence limit of One Million Dollars ($1,000,000.00) .
8.3 Workmen's Compensation and Employer's Liability
Insurance. The Association shall obtain and maintain workmen's
compensation and employer's liability insurance as may be necessary
to comply with applicable laws.
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8.4 Fidelity Bonds. A blanket fidelity bond or dishonest
insurance coverage is required for anyone who either handles or is
responsible for funds held or administered by the Association,
whether or not he or she receives compensation for his or her
services. The bond or insurance shall name the Association as
obligee and shall cover the maximum funds that will be in the
custody of the Association or the Manager at any time while the
bond or insurance is in force. In no event shall the bond or
coverage be for an amount less than the sum of three (3) months'
assessments plus reserve funds.
8.5 Directors' and Officers' Liability Insurance. The
Executive Board shall obtain and maintain Directors' and officers'
liability insurance, if available, covering all of the Directors
and officers of the Association. This insurance will have limits
determined by the Executive Board.
8.6 Other Insurance. The Association may carry other
insurance which the Executive Board considers appropriate to
protect the Association.
ARTICLE IX. INDEMNIFICATION
To the full extent permitted by law, each officer and member
of the Executive Board of the Association shall be and are hereby
indemnified by the Unit Owners and the Association against all
expenses and liabilities, including attorneys' fees, reasonably
incurred by or imposed upon them in any proceeding to which they
may be a party, or in which they may become involved, by reason of
their being or having been an officer or member of the Executive
Board of the Association, or any settlement thereof, whether or not
they are an officer or a member of the Executive Board of the
Association at the time such expenses are incurred, except in such
cases where such officer or member of the Executive Board is
adjudged guilty of willful misfeasance or malfeasance in the
performance of his or her duties; provided that in the event of a
settlement, the indemnification shall apply only when the Executive
Board approves such settlement and reimbursement as being in the
best interests of the Association.
ARTICLE X. SPECIAL DECLARANT RIGHTS AND ADDITIONAL
RESERVED RIGHTS
10.1 Special Declarant Rights. The Declarant hereby
expressly reserves the right, for a period of five (5) years
following the recordation of this Declaration in the office of the
Clerk and Recorder of Weld County, Colorado, to perform the acts
and exercise the rights hereinafter specified ("Special Declarant
Rights") . The Special Declarant Rights include the following:
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(a) Control of Association and Executive Board. The
right to remove any officer or member of the Executive Board.
(b) Completion of Improvements. The right to complete
improvements indicated on Plats filed with Weld County, Colorado,
and as they may be amended from time to time.
(c) Sales Management and Marketing. The right to
maintain model homes, sales offices, construction offices,
management offices, signs advertising the Units and Common Interest
Community and models and to conduct sales activities therein. Such
right shall include signage, both fixed and moveable, and flags and
flagpoles.
(d) Construction and Access Easements. The right to
use easements through the Common Elements for the purpose of making
improvements and to provide access. The right to construct and
complete the construction of Units, utilities, Irrigation
Improvements, entrance signage, landscaping, buildings, streets and
roads and all other improvements on the Property, and to repair and
maintain the Common Elements.
(e) Master Association. The right to make the Common
Interest Community subject to a Master Association.
(f) Merger. The right to merge or consolidate the
Common Interest Community with another developed property of the
same form of ownership.
10.2 Additional Reserved Rights. In addition to the Special
Declarant Rights set forth in Section 10.1 above, the Declarant
also reserves the following additional rights ("Additional Reserved
Rights") :
(a) Dedications. The right to establish, from time to
time, by dedication or otherwise, utility and other easements for
purposes, including, but not limited to, streets, paths, walkways,
and drainage areas, and to create other reservations, exceptions
and exclusions for the benefit of and to serve the Unit Owners
within the Common Interest Community.
(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
recreational facilities, which may or may not be a part of the
Common Interest Community for the benefit of the Unit Owners and/or
the Association.
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(c) Colorado Common Interest Ownership Act. The right
to amend this Declaration to comply with the requirements of the
Colorado Common Interest Ownership Act in the event any provision
contained herein does not so comply with the Act.
(d) Other Rights. The right to exercise any Additional
Reserved Right created by any other provision of this Declaration.
10.3 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 instrument shall be executed by the
transferor Declarant and the transferee.
ARTICLE XI. DESIGN REVIEW COMMITTEE
Section 11.1 Committee and Guidelines. There is hereby
established a Design Review Committee, which shall be responsible
for the establishment and administration of Design Guidelines to
facilitate the purposes and intent of this Declaration. The Design
Review Committee may issue and enforce guidelines applicable to the
Common Interest Community. Further, the Design Review Committee
may amend, vary, repeal and augment the Design Guidelines from time
to time, in the Design Review Committee's sole discretion based on
concerns for good planning and design, the aesthetic, architectural
and environmental harmony of the Common Interest Community or other
factors as necessary or desirable to fulfill the intent of the
Design Guidelines. The Design Guidelines shall be binding on all
Owners and other persons governed by this Declaration.
The Design Guidelines may include, among other things, those
restrictions and limitations set forth below:
11.1.1 Standards establishing and dictating an
architectural theme and requirements pertaining to building style
and design, construction materials and site planning.
11.1.2 Procedures for making application to the Design
Review Committee for design review approval, including the
documents to be submitted and the time limits in which the Design
Review Committee must act to approve or disapprove any submission.
11.1.3 Time limitations for the completion, within
specified periods after approval, of the improvements for which
approval is required under the Design Guidelines.
11.1.4 Designation of a building site on a Unit,
establishing the maximum developable area of a Unit and set-back or
view corridor requirements.
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11.1.5 Specifications for the location, dimensions and
appearance or screening of any fences, accessory structures,
antennae or other such improvements.
11.1.6 Landscaping regulations, including requirements
for installing and maintaining landscaping on the entire Unit; time
limitations within which all landscaping must be completed;
limitations and restrictions prohibiting the removal or requiring
the replacement of existing trees; guidelines encouraging the use
of plants indigenous to the locale; and other practices benefitting
the protection of the environment, aesthetics and architectural
harmony of the Common Interest Community.
11.1.7 Regulations for parking vehicles off of the
street, within an enclosed garage or a designated area on a Unit.
11.1.8 General instructions for the construction,
reconstruction, refinishing or alteration of any improvement,
including any plan to excavate, fill or make any other temporary or
permanent change in the natural or existing surface contour or
drainage or any installation of utility lines or conduits,
addressing matters such as loading areas, waste storage, trash
removal, equipment and materials storage, grading, transformers and
meters.
Section 11.2 Design Review Committee Membership and
Organization. The Design Review Committee shall be composed of not
less than three (3) nor more than five (5) persons. The Design
Review Committee may include one (1) or more professional design
consultants or individuals who are not Members of the Association.
All members of the Design Review Committee shall be appointed,
removed and replaced by Declarant, in its sole discretion, until
Declarant waives this right by notice to the Association recorded
in the office of the Clerk and Recorder of Weld County, Colorado.
At that time the Executive Board shall succeed to Declarant's right
to designate the number of and to appoint, remove or replace the
members of the Design Review Committee.
Section 11.3 Purpose and General Authority. The Design
Review Committee shall review, study and either approve or reject
proposed improvements within the Common Interest Community, all in
compliance with this Declaration and as further set forth in the
Design Guidelines and such rules and regulations as the Design
Review Committee may establish from time to time to govern its
proceedings. No improvement shall be erected, placed,
reconstructed, replaced, repaired or otherwise altered, nor shall
any construction, repair or reconstruction be commenced until plans
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for the improvements shall have been approved by the Design Review
Committee; provided, however, that improvements that are completely
within a building may be undertaken without such approval. All
improvements shall be constructed only in accordance with approved
plans.
11.3.1 Design Review Committee Discretion. The Design
Review Committee shall exercise its best judgment to see that all
improvements conform and harmonize with any existing structures as
to external design, quality and type of construction, seals,
materials, color, location on the Unit, height, grade and finished
ground elevation, and the schemes and aesthetic considerations set
forth in the Design Guidelines and the other Documents. The Design
Review Committee, in its sole discretion based on concerns for good
planning and design, the aesthetic, architectural and environmental
interests of the Common Interest Community, or other factors as
necessary or desirable to fulfill the intent of the Design
Guidelines, may excuse compliance with such requirements in
specific situations and may permit compliance with different or
alternative requirements.
11.3.2 Binding Effect. The actions of the Design
Review Committee in the exercise of its discretion by its approval
or disapproval of plans and other information submitted to it, or
with respect to any other matter before it, shall be conclusive and
binding on all interested parties.
Section 11.4 Organization and Operation of Design Review
Committee.
11.4.1 Term. The term of office of each member of the
Design Review Committee, subject to Section 11.2, shall be one (1)
year, commencing January 1 of each year, and continuing until his
or her successor shall have been appointed. Should a Design Review
Committee member die, retire or become incapacitated, or in the
event of a temporary absence of a member, a successor may be
appointed as provided in Section 11.2.
11.4.2 Chairman. So long as Declarant appoints the
Design Review Committee, Declarant shall appoint the chairman. At
such time as the Design Review Committee is appointed by the
Executive Board, the chairman shall be elected annually from among
the members of the Design Review Committee by a majority vote of
the members. In the absence of a chairman, the party responsible
for appointing or electing the chairman may appoint or elect a
successor, or if the absence is temporary, an interim chairman.
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11.4.3 Operations. The Design Review Committee
chairman shall take charge of and conduct all meetings and shall
provide for reasonable notice to each member of the Design Review
Committee prior to any meeting. The notice shall set forth the
time and place of the meeting, and notice may be waived by any
member.
11.4.4 Voting. The affirmative vote of three (3) or
more members of the Design Review Committee shall govern its
actions and be the act of the Design Review Committee.
11.4.5 Expert Consultation. The Design Review
Committee may avail itself of other technical and professional
advice and consultants as it deems appropriate, and the Design
Review Committee may delegate its plan review responsibilities,
except final review and approval, to one (1) or more of its members
or to consultants retained by the Design Review Committee. Upon
that delegation, the approval or disapproval of plans and
specifications by such member or consultant shall be equivalent to
approval or disapproval by the entire Design Review Committee.
Section 11.5 Expenses. Except as provided in this Section
below, all expenses of the Design Review Committee shall be paid by
the Association and shall constitute a Common Expense. The Design
Review Committee shall have the right to charge a fee for each
application submitted to it for review, in an amount which may be
established by the Design Review Committee from time to time, and
such fees shall be collected by the Design Review Committee and
remitted to the Association to help defray the expenses of the
Design Review Committee's operation.
Section 11.6 Other Requirements. Compliance with the design
review process is not a substitute for compliance with the County
of Weld, building, zoning and subdivision regulations, and each
Owner is responsible for obtaining all approvals, licenses, and
permits as may be required prior to commencing construction of
improvements.
Further, the establishment of the Design Review Committee and
procedures for architectural review shall not be construed as
changing any rights or restrictions upon Owners to maintain and
repair their Units and improvements as otherwise required under the
Documents.
Section 11.7 Limitation of Liability. The Design Review
Committee shall use reasonable judgment in accepting or
disapproving all plans and specifications submitted to it. Neither
the Design Review Committee nor any individual Design Review
Committee member shall be liable to any person for any official act
of the Design Review Committee in connection with submitted plans
and specifications, except to the extent the Design Review
r
- 26 -
rTh
Committee or any individual Design Review Committee member acted
with malice or wrongful intent. Approval by the Design Review
Committee does not necessarily assure approval by the appropriate
governmental board or commission for the County of Weld.
Notwithstanding that the Design Review Committee has approved plans
and specifications, neither the Design Review Committee nor any of
its members shall be responsible or liable to any Owner, developer
or contractor with respect to any loss, liability, claim or expense
which may arise by reason of such approval of the construction of
the improvements. Neither the Board, the Design Review Committee,
nor any agent thereof, nor Declarant, nor any of its directors,
shareholders, employees, agents or consultants shall be responsible
in any way for any defects in any plans or specifications
submitted, revised or approved in accordance with the provisions of
the Documents, nor for any structural or other defects in any work
done according to such plans and specifications. In all events the
Design Review Committee shall be defended and indemnified by the
Association in any such suit or proceeding which may arise by
reason of the Design Review Committee's decision. The Association,
however, shall not be obligated to indemnify each member of the
Design Review Committee to the extent any such member of the Design
Review Committee is adjudged to be liable for negligence or
misconduct in the performance of his or her duty as a member of the
Design Review Committee, unless and then only to the extent that
the court in which such action or suit may be brought determines
upon application that, despite the adjudication of liability but in
view of all circumstances of the case, such person is fairly and
reasonably entitled to indemnification for such expense as such
court shall deem proper.
Section 11.8 Enforcement.
11.8.1 Inspection. Any member or authorized
consultant of the Design Review Committee, or any authorized
officer, director, employee or agent of the Association may enter
upon any Unit at any reasonable time after notice to the Owner,
without being deemed guilty of trespass, in order to inspect
improvements constructed or under construction on the Unit to
determine whether the improvements have been or are being built in
compliance with the Documents and the plans and specifications
approved by the Design Review Committee.
11.8.2 Completion of Construction. Before any
improvements on a Unit may be occupied, the Owner of the Unit shall
be required to obtain a temporary certificate of compliance issued
by the Design Review Committee indicating substantial completion of
the improvements in accordance with the plans and specifications
approved by the Design Review Committee, and imposing such
conditions for issuance of a final certificate of compliance as the
Design Review Committee may determine appropriate in its reasonable
discretion. Without limiting the generality of the preceding
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sentence, the Design Review Committee may require, as a condition
to the issuance of the temporary certificate of compliance, that
the Owner deposit with the Design Review Committee such sums as may
be necessary to complete the landscaping on the Unit by a specified
date. If the landscaping is not completed as scheduled, the Design
Review Committee may apply the deposit to cover the cost of
completing the work and enforce such other remedies as are
available to the Association for the failure of the Owner to comply
with this Declaration, including, without limitation, the remedies
set forth in Section 11.10.
11.8.3 Certificate of Compliance. Upon payment of a
reasonable fee established from time to time by the Design Review
Committee, and upon written request of any Owner or his or her
agent, an existing or prospective holder of a Security Interest, or
a prospective grantee, the Design Review Committee shall issue an
acknowledged certificate, in recordable form, setting forth
generally whether, to the best of the Design Review Committee's
knowledge, the improvements on a particular Unit are in compliance
with the terms and conditions of the Design Guidelines.
11.8.4 Deemed Nuisances. Every violation of this
Declaration is hereby declared to be and to constitute a nuisance,
and every public or private remedy allowed for such violation by
law or equity against a Member shall be applicable. Without
limiting the generality of the foregoing, this Declaration may be
enforced as provided below.
(i) Fines for Violations. The Design Review
Committee may adopt a schedule of fines for failure to abide by the
Design Review Committee rules and the Design Guidelines, including
fines for failure to obtain any required approval from the Design
Review Committee.
(ii) Removal of Nonconforming Improvements with
Court Order. The Association, upon request of the Design Review
Committee and after first obtaining a court order from a Colorado
court having jurisdiction thereof, may enter upon any Unit and
remove any improvement constructed, reconstructed, refinished,
altered or maintained in violation of this Declaration. The Owner
of the improvement shall immediately reimburse the Association for
all expenses incurred in connection with such removal. If the
Owner fails to reimburse the Association within thirty (30) days
after the Association gives the Owner notice of the expenses, the
sum owed to the Association shall bear interest at the rate of
eighteen percent (18%) per annum from the date of the advance by
the Association through the date of reimbursement in full, and all
such sums and interest shall be an Individual Assessment
enforceable as provided in this Declaration.
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Section 11.9 Commencement of Construction. In the event the
Owner of a Unit shall fail to commence construction of a single-
family residential Dwelling Unit on his or her Unit which meets the
requirements of this Declaration within a period of twelve (12)
months after the closing of the purchase of the Unit from the
Declarant, then, in such event, and prior to the expiration of said
twelve (12) month period, the Owner shall deposit with the Design
Review Committee a landscaping deposit in the minimum amount of
Three Thousand Dollars ($3,000.00) or such greater amount as the
Design Review Committee shall deem appropriate. The Owner shall
install such landscaping and vegetation upon his or her Unit as
shall be required by the Design Review Committee not later than the
fifteenth (15th) month following the closing of the purchase of the
Unit from the Declarant, which landscaping plan shall be in
accordance with the landscaping plan submitted to the Design Review
Committee by the Owner prior to the expiration of the initial
twelve (12) month period. In the event the Owner shall fail to
make such deposit, fail to install such landscaping or otherwise
fail to comply with the provisions of this section, the Design
Review Committee may collect an Individual Assessment from such
Owner as provided herein and enforce its lien rights with respect
thereto or apply such portion of the deposit so paid by the Owner
to the Design Review Committee to the installation of such
landscaping and thereafter maintain such landscaping until
commencement and continuation of the construction of a residential
Dwelling Unit upon the Unit. Such landscaping shall be in
accordance with the landscaping plan required by the Design Review
Committee, which landscaping plan shall be intended to eliminate
blowing dirt, weeds, unsightly appearances and hazardous conditions
on the Unit. Notwithstanding the foregoing, in the event that the
Owner can prove to the reasonable satisfaction of the Executive
Board that he or she was unable to plant such vegetation and
install such landscaping for reasons beyond the control of the
Owner, the Executive Board may grant relief from this provision
until such circumstances no longer exist thereby enabling the Owner
to install such landscaping.
Section 11.10 Continuity of Construction. All improvements
commenced on a Unit shall be prosecuted diligently to completion
and shall be completed within twelve (12) months after
commencement, unless an exception is granted in writing by the
Design Review Committee. If any improvement is commenced and
construction is then abandoned for more than ninety (90) days, or
if construction is not completed within the required twelve (12)
month period, then after notice and opportunity for hearing as
provided in the Bylaws, the Association may impose a fine of not
more than Five Hundred Dollars ($500.00) per day (or such other
reasonable amount as the Association may set) to be charged against
the Owner of the Unit until construction is resumed, or the
improvement is completed, as applicable, unless the Owner can prove
to the satisfaction of the Executive Board that such abandonment is
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for circumstances beyond the Owner's control. Such charges shall
be an Individual Assessment and lien as provided in Section 5.6
above.
Section 11.11 Reconstruction of Common Area. The
reconstruction by the Association after destruction by casualty or
otherwise of any Common Area that is accomplished in substantial
compliance with "as built" plans for such Common Area shall not
require compliance with the provisions of this Article or the
Design Guidelines.
ARTICLE XII. LANDSCAPING, BUILDING AND USE RESTRICTIONS
12.1 Landscaping. Within sixty (60) days following receipt
of a certificate of occupancy from the appropriate governmental
authority for the Dwelling Unit constructed upon a Unit, the Owner
thereof shall submit to the Design Review Committee for its
Approval, a landscaping plan showing the landscaping proposed to be
installed in the immediate vicinity of the Dwelling Unit located
upon a Unit, including the location of any trees, shrubs, grass or
other landscaping on such Unit. Such landscaping plan shall
include a minimum of ten (10) trees, one (1) inch in diameter or
greater, of which the majority shall be conifers and the balance of
which shall be deciduous. Once the plan is approved, the
landscaping must be installed within nine (9) months following
receipt of a certificate of occupancy. All Unit Owners are
encouraged to plant trees, shrubs and other landscaping within a
Unit for the purpose of attracting wildlife and enhancing the
natural beauty of the Common Interest Community.
12.2 Installation of Grass on Unit. Within nine (9) months
following the issuance of a certificate of occupancy and in
addition to the landscaping set forth in Section 12.1 above to be
installed in the immediate vicinity of each Dwelling Unit, each
Owner shall plant the remainder of his or her Unit in dry land
grasses. If necessary, the Owner of a Unit shall replant any dry
land grasses in the event the dry land grasses do not survive due
to weather conditions or otherwise. In addition, the Owner of each
Unit shall control Canadian thistle and other noxious weeds upon
his or her Unit by mowing, cultivating or applying chemicals prior
to maturity of the weeds and the windborne disbursement of seeds
therefrom. In the event an Owner fails to control Canadian thistle
or other noxious weeds upon his or her Unit as aforesaid, the
Association may enter upon the land and control the Canadian
thistle or other noxious weeds by mowing, cultivating or applying
chemicals and the Unit Owner shall be liable to the Association for
an Individual Assessment as set forth in Section 5.6 above.
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12.3 Use Restrictions and Building Type. No building or
other structure shall be erected, altered, placed, or permitted to
remain on any Unit other than one (1) Single Family Dwelling Unit
for each Unit, with attached or detached garage, and other approved
appurtenant structures.
12.4 Temporary Structures. No structures of a temporary
character, including, by example and not limitation, trailers,
converted trailers, campers, shacks, basements, tents, garages, or
accessory buildings, shall be used on any Unit for residential
purposes.
12.5 Utilities. All utilities installed within the Common
Interest Community must be underground unless otherwise approved in
writing by the Design Review Committee.
12.6 Building Size and Height Limitation. No Dwelling Unit
shall be erected, altered or permitted to remain on any Unit unless
the ground floor area thereof, exclusive of open patios,
breezeways, porticoes, lofts, decks, stoops, porches, porte
cocheres, balconies, crawl spaces, basements and garages, is not
less than one thousand eight hundred (1,800) square feet for a
single-story Dwelling Unit and two thousand two hundred (2,200)
square feet for a multi-level Dwelling Unit. The square footage of
basements, walk-outs and garden levels shall not be included in
determining the square footage of a multi-level Dwelling Unit. For
purposes of this provision, the terms "basement," "walk-out" and
"garden level" shall mean any level, a portion of which is
constructed below ground elevation. No Dwelling Unit shall be more
than thirty-five (35) feet in height above grade and shall not have
more than two (2) stories above grade.
12.7 Garages and Driveways. Each Dwelling Unit shall include
an attached or detached garage having space for not less than two
(2) motor vehicles nor more than four (4) motor vehicles. All
driveways to Dwelling Units, circle drives and parking areas shall
be finished in cement or other hard surfaces approved by the Design
Review Committee. Prior to commencement of any construction
activities on a Lot, the Lot Owner shall install a minimum of a
twenty-four (24) inch culvert in the drainage swale in the public
right of way and shall cause the same to be properly backfilled
with roadbase material.
12.8 Clotheslines. Any clotheslines to be installed within
the Common Interest Community must be approved in writing by the
Design Review Committee and shall be retractable.
12.9 Lawn Ornaments Discouraged. In order to preserve a
harmonious landscaping plan, all lawn ornaments shall be prohibited
unless written Approval is first obtained from the Design Review
Committee.
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12.10 Antennas and Satellite Dishes. All external radio
antennas, television antennas, satellite dishes or other external
signal receiving devices shall be installed or erected in such a
manner as to minimize visibility. Unit Owners shall be encouraged
to utilize screening, unobtrusive placement, planting, camouflage
and other measures to ensure that the aesthetics of the Common
Interest Community are protected and to ensure the safety of the
installation of any such devices. In no event shall any satellite
dish in excess of one (1) meter be permitted within the Common
Interest Community. The Design Review Committee may promulgate
reasonable Rules and Regulations to regulate the proposed locations
and require screening or painting to minimize visual intrusion of
such devices, provided that no such Rules and Regulations shall
impair dish or antenna reception nor result in an unreasonable cost
in the installation and maintenance of a satellite dish or antenna.
12.11 Storage of Vehicles, Boats and Campers. Except as
hereinafter provided, no trailers, motor homes, camper units,
boats, recreational vehicles, snowmobiles, all-terrain vehicles,
horse trailers, machines or inoperative vehicles shall be stored,
parked or permitted to remain upon a Unit except within fully
enclosed garages or outbuildings approved by the Design Review
Committee. Notwithstanding the foregoing, one (1) trailer, motor
home, camper unit, boat or recreational vehicle may be stored on a
Unit outside of an enclosed garage or outbuilding, provided that
such trailer, motor home, camper unit, boat or recreational vehicle
shall be screened from view by trees, shrubs or other screening
materials approved by the Design Review Committee. Commercial
vehicles engaged in the delivery or pick up of goods or services
shall be exempt from the provisions of this section, provided that
they do not remain within the Common Interest Community in excess
of a reasonable period of time required to perform such commercial
functions. For purposes of this section, a three-fourths (3/4) ton
or smaller vehicle, commonly known as a "pick-up truck," shall not
be deemed a "truck" or "commercial vehicle. " In addition, for
purposes of this section, any disassembled or partially
disassembled automobile or other vehicle or any automobile or other
vehicle which is not capable of moving under its own propulsion for
more than seven (7) consecutive days shall be deemed an inoperative
vehicle subject to the terms of this section.
12.12 Storage. No tanks for the storage of gas, fuel, oil,
chemicals or other matters shall be erected, placed or permitted
above the surface of any Unit. No equipment, service yards,
woodpiles or storage areas shall be permitted on any Unit without
the Approval of the Association which may require enclosure or
screening, such as privacy fences, landscaping or berming, to
conceal such areas from the view of neighboring Units.
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12.13 Maintenance of Units and Improvements. Each Owner
shall keep or cause to be kept all buildings, fences, and other
structures located on his or her Unit in good repair. Rubbish,
refuse, garbage, and other solid, semi-solid, and liquid waste
shall be kept within sealed containers, shall not be allowed to
accumulate on any Unit, and shall be disposed of in a sanitary
manner. No Unit shall be used or maintained as a dumping ground
for any materials, provided that the foregoing shall not prohibit
a properly maintained compost pile approved by the Design Review
Committee from being located upon a Unit. All containers shall be
kept in a neat, clean, and sanitary condition and shall be stored
inside a garage or other approved structure. No trash, litter, or
junk shall be permitted to remain exposed upon any Unit and visible
from adjacent streets or other Units. Burning of trash on a Unit
shall be prohibited. No lumber or other building materials shall
be stored or permitted to remain on any Unit except for reasonable
storage during construction.
12.14 Home Occupations. In addition to any restrictions
imposed upon Owners of Units by the County of Weld with regard to
home occupations or businesses, no Owner shall conduct any home
occupation or business activity upon his or her Unit unless it
complies with the following requirements:
(a) Such home occupation shall be conducted only
within the interior of a Dwelling Unit and shall not occupy more
than twenty percent (20%) of the floor area within the Dwelling
Unit.
(b) The home occupation shall be conducted only by
residents of a Dwelling Unit and no non-residents shall be employed
in connection with the home occupation carried on in the Dwelling
Unit.
(c) No signs or advertising devices of any nature
whatsoever shall be erected or maintained on any Unit with respect
to such home occupation. This prohibition shall not apply to the
Declarant during the period of construction and sales.
(d) No retail sales shall be conducted on a Unit.
(e) The conduct of such home occupation must be
permitted under the zoning ordinance of the County of Weld.
(f) Only those home occupations which require no
visits from customers and no parking at or near the Dwelling Unit
in conjunction with such occupation shall be allowed.
(g) There shall be no evidence of a home occupation
visible from the outside of a Dwelling Unit.
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- 33 -
(h) Not more than three (3) additional vehicular
trips shall be allowed each day on any Unit for deliveries or pick
ups in connection with any such trade or business, including
deliveries or pick ups by commercial delivery services, such as
Federal Express or United Parcel Service.
12.15 Animals. An Owner may keep animals upon a Unit for
recreational purposes and for use by the Owner's immediate family,
subject to the following restrictions and limitations:
(a) A reasonable number of household pets, such as
dogs and cats, shall be permitted on any Unit, provided that said
pets shall remain under the control of their owner at all times by
voice control or physical restraint and shall not be allowed to
chase domestic animals, livestock or wildlife. Household pets may
not be bred or maintained on a Unit for commercial purposes and may
not be kept in such a manner or in such numbers as may create an
unreasonable disturbance or nuisance within the Common Interest
Community.
(b) Large animals, such as horses, llamas or
similar full-sized animals ("Full-Sized Animal") shall be
restricted to Units containing a minimum of two (2) or more acres
and shall be limited to not more than two (2) Full-Sized Animals
per pastured acre. Such Full-Sized Animals shall be expressly
prohibited from any other Units within the Common Interest
Community.
(c) All non-household pets shall be kept in a
humane and husbandlike manner. Quality, professional-built
shelters and fencing must be erected upon each Unit prior to such
animals being placed upon the Unit.
(d) No pigs, goats, burros, donkeys, jackasses or
exotic or obnoxious species deemed offensive by the Executive Board
of the Association shall be permitted on any Unit within the Common
Interest Community.
(e) All hay and animal feed must be stored inside
a barn or other suitable structure approved by the Design Review
Committee for such purpose.
(f) Quality, professionally-built shelters and
fencing must be erected prior to animals being placed upon a Unit.
No temporary animal shelters or fencing shall be permitted or
utilized upon any Unit for any period of time whatsoever.
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(g) Each Unit shall be maintained in a clean and
sanitary condition at all times and no open manure piles may be
maintained upon a Unit without the Approval of the Association with
respect to size, placement and screening. Manure management shall
be mandatory and must be removed or dissipated at the Unit Owner's
expense on a quarterly basis or at such other periodic time
intervals as the Association shall establish.
12.16 Nuisance. Nothing shall be done or permitted on any
Unit which is or may become a nuisance. No obnoxious or offensive
activities shall be conducted on any Unit. Recreational use of
all-terrain vehicles, motorcycles, snowmobiles and similar vehicles
or equipment on a Unit shall be kept to a minimum.
12.17 Damage or Destruction of Improvements. In the event
any Dwelling Unit or other structure constructed on a Unit is
damaged, either in whole or in part, by fire or other casualty,
said Dwelling Unit or other structure shall be promptly rebuilt or
remodeled to comply with this Declaration; or in the alternative,
if the Dwelling Unit or other structure is not to be rebuilt, all
remaining portions of the damaged structure, including the
foundation and all debris, shall be promptly removed from the Unit,
and the Unit shall be restored to its natural condition existing
prior to the construction of the Dwelling Unit or other structure.
12.18 Signs. No sign of any character shall be displayed or
placed upon any Unit, with the following exceptions: (a) one (1)
sign per Unit of not more than six (6) square feet in total area
advertising a Unit for sale shall be permitted on any Unit; (b) the
Declarant or the Association shall have the right to place
permanent signs at the entrance of the Property, identifying the
Common Interest Community; and (c) additional signs may be
permitted if approved by the Design Review Committee.
12.19 Color. All Dwelling Units and other structures
constructed on any Unit shall be stained or painted such colors as
shall be authorized and approved in writing by the Design Review
Committee. Bright colors shall not be permitted as the primary
color of any Dwelling Unit and outbuildings.
12.20 Roof Materials. The roofs on all Dwelling Units shall
be constructed of tile, concrete roofing tile, high-end composition
shingles having a three (3) dimensional appearance or such other
high-quality roofing material as may be approved by the Design
Review Committee. All such roofing materials shall be approved by
the Design Review Committee, including the color and texture of
such roofing materials.
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12.21 Resubdivision. No Unit may be further subdivided
without the Approval of the Executive Board of the Association,
which Approval shall be within its sole discretion. This provision
shall not be construed to prohibit or prevent the dedication or
conveyance of any portion of a Unit as an easement for public
utilities.
12.22 Disturbing the Peace. No Person shall disturb, tend to
disturb, or aid in disturbing the peace of others by violent,
tumultuous, offensive, disorderly, or obstreperous conduct, and no
Owner shall knowingly permit such conduct upon any Unit owned by
such Owner.
12.23 Easements. All easements for installation and
maintenance of utilities, ditches and equestrian activities are
shown on the Plat. All such utilities shall be underground. No
building or other structure shall be constructed, erected or placed
upon any easement reserved for utilities, except fences, which
shall be subject to the prior Approval of the Design Review
Committee. In addition, no fences or other structures shall impede
or restrict access, ingress and egress within the equestrian
easement and equestrian paths.
12.24 Drainage and Irrigation. No Owner shall modify or
change the topography or contour of any drainage areas or
easements, including swales, constructed on the Units and other
portions of the Property from the shape and outline established by
the Declarant or Persons or entities acting on behalf of the
Declarant; provided, however, that an Owner shall be permitted to
modify the drainage areas on his or her Unit upon receiving written
Approval therefor from the Design Review Committee. Any Owner who
in any way materially modifies the drainage pattern on his or her
Unit without such Consent shall be subject to sanctions contained
herein for violations of this Declaration.
12.25 Discharge of Weapons. No Person shall discharge, fire
or shoot any gun, pistol, revolver, rifle, shotgun, crossbow, bow
and arrow, sling shot, pellet gun, or other firearm or weapon
whatsoever within any portion of the Common Interest Community,
including an Owner's own Unit. Notwithstanding the foregoing, the
discharge of firearms or weapons by any member of any law
enforcement office in the course of such member's official duty
shall not be deemed a violation of this provision.
12.26 No Hazardous Activities. No activity shall be
conducted upon any Unit or within improvements constructed on any
Unit which are or might be unsafe or hazardous to any Person or
property. Without limiting the generality of the foregoing, no
open fires shall be lighted or permitted on any Unit except in a
contained barbecue unit while attended and in use for cooking
purposes or within an interior fireplace.
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12.27 No Annoying Sights or Odors. No sound shall emanate
from any Unit which is unreasonably loud or annoying; and no odor
shall be permitted from any Unit which is noxious or offensive to
others.
12.28 Restrictions on Trash and Materials. No refuse,
garbage, trash, lumber, grass, shrubs or tree clippings, plant
wastes, metal, bulk materials, scrap or debris of any kind shall be
kept, stored or allowed to accumulate on any Unit unless placed in
a suitable container suitably located for the purpose of garbage
pick up. All equipment for storage or disposal of such materials
shall be kept in a clean and sanitary condition. No garbage or
trash cans or receptacles shall be maintained in an exposed or
unsightly manner. Notwithstanding the foregoing, the Design Review
Committee may allow for the use of composting bins, provided that
the use of the composting bins meet the rules and regulations
established by the Design Review Committee in order to avoid
unnecessary odors and attraction to vermin.
12.29 General Prohibition. Notwithstanding any provision
herein to the contrary, no use shall be made of an Owner's Unit
which will in any manner violate the statutes or rules and
regulations of any governmental authority having jurisdiction over
the use of said Owner's Unit.
ARTICLE XIII. GENERAL PROVISIONS
13.1 Enforcement. The Association or the Unit Owner or
Owners of any of the Units may enforce the restrictions,
conditions, covenants and reservations imposed by the provisions of
this Declaration or any Bylaws or Rules or Regulations promulgated
by the Association which are consistent with this Declaration by
proceedings at law or in equity against any Person or against the
Association violating or attempting to violate any of the said
Bylaws or Rules and Regulations or restrictions and limitations of
this Declaration, either to recover damages for such violation,
including reasonable attorneys' fees incurred in enforcing this
Declaration, or to restrain such violation or attempted violation
or to modify or remove structures fully or partially completed in
violation hereof, or both. Failure of the Association or of any
Unit Owner to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so
thereafter. The Association shall not be liable to reimburse any
Unit Owner for attorneys' fees or costs incurred in any suit
brought by a Unit Owner to enforce or attempt to enforce this
Declaration.
13.2 Term of Declaration. This Declaration shall run with
the land, shall be binding upon all Persons owning Units and any
Persons hereafter acquiring said Units, and shall be in effect in
perpetuity unless amended or terminated as provided in the Act.
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13.3 Amendment of Declaration. Except as otherwise provided
in the Act and this Declaration, and subject to provisions
elsewhere contained in this Declaration requiring the Consent of
the Declarant or others, any provision, covenant, condition,
restriction or equitable servitude contained in this Declaration
may be amended or repealed at any time and from time to time upon
Approval of the amendment or repeal by Members of the Association
holding at least sixty-seven percent (67%) of the voting power of
the Association present in person or by proxy at a duly constituted
meeting of the Members. The Approval of any such amendment or
repeal shall be evidenced by the certification by the Executive
Board of the Association of the vote of Members. The amendment or
repeal shall be effective upon the recordation in the office of the
Clerk and Recorder of Weld County, Colorado, of a certificate,
executed by the President or a Vice President and the Secretary or
an Assistant Secretary of the Association setting forth the
amendment or repeal in full and certifying that the amendment or
repeal has been approved by the Members and certified by the
Executive Board as set forth above.
13.4 Special Rights of First Security Interests. Any First
Security Interest of a mortgage encumbering any Unit, upon filing
a written request therefor with the Association, shall be entitled
to (a) written notice from the Association of any default by the
mortgagor of such Unit in the performance of the mortgagor's
obligations under this Declaration, the Articles of Incorporation,
the Bylaws or the Rules and Regulations, which default is not cured
within sixty (60) days after the Association learns of such
default; (b) examine the books and records of the Association
during normal business hours; (c) receive a copy of financial
statements of the Association, including any annual audited
financial statement; (d) receive written notice of all meetings of
the Executive Board or Members of the Association; (e) receive
written notice of abandonment or termination of the Association;
(f) receive thirty (30) days' written notice prior to the effective
date of any proposed, material amendment to this Declaration, the
Articles of Incorporation, or the Bylaws; and (g) receive thirty
(30) days' written notice prior to the effective date of
termination of any agreement for professional management of the
Association or the Common Elements following a decision of the
Association to assume self-management of the Common Elements.
13.5 First Security Interest Right to Pay Taxes, Rental and
Insurance Premiums. Any one (1) or more First Security Interests,
jointly or singly, shall be entitled to pay (a) any taxes or other
charges which are in default and which may or have become a lien
against any of the Common Elements; or (b) any overdue premiums on
hazard insurance policies or secure new hazard insurance coverage
for the Common Elements or Units, and the First Security Interests
making such payments shall be entitled to immediate reimbursement
therefor from the Association.
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13.6 Association Right to Security Interest Information.
Each Unit Owner hereby authorizes any First Security Interest
holding a Security Interest on such Owner's Unit to furnish
information to the Association concerning the status of such First
Security Interest and the loan which it secures.
13.7 Special Approvals by First Security Interests. Unless
at least sixty-seven percent (67%) of the First Security Interests
(based on one [1] vote for each Security Interest owned) of Units
in the Association have given their written Approval, neither the
Association nor any Member shall (a) by act or omission seek to
abandon, partition, subdivide, encumber, sell or transfer the
Common Elements or any improvements thereon which are owned,
directly or indirectly, by the Association (except that the
granting of access easements, utility easements, drainage easements
and water facilities easements or easements for other public
purposes consistent with the intended use of such property by the
Association shall not be deemed within the meaning of this
provision) ; (b) change the method of determining the obligations,
assessments or other charges which may be levied against Members;
(c) by act or omission change, waive or abandon any scheme or
regulation, or enforcement thereof, pertaining to architectural
Approval of improvement of Units, including the architectural
design of the exterior appearance of Units, or the upkeep of lawns
and plantings on the Common Elements; (d) amend any material
provision of this Declaration; and (e) establish self-management by
the Association when professional management has previously been
required by any First Security Interest or insurer or guarantor of
a First Security Interest on a Unit. An amendment shall not be
deemed material if it is for the purpose of correcting technical
errors, or for clarification only. If a First Security Interest
who receives a written request for Approval of the proposed act,
omission, change or amendment does not deliver or post to the
requesting party a negative response within thirty (30) days, it
shall be deemed to have approved such request. To be eligible
either to approve or object to any written request for Approval, a
First Security Interest must have previously given the Association
written notice of the existence of its Security Interest.
13.8 Captions. The captions contained in the Documents are
inserted only as a matter of convenience and for reference, and in
no way define, limit or describe the scope of the Documents or the
intent of any provision thereof.
13.9 Gender. The use of the masculine gender refers to the
feminine gender, and vice versa, and the use of the singular
includes the plural, and vice versa, whenever the context of the
Documents so require.
- 39 -
13.10 Waiver. No provision contained in the Documents is
abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breaches which may
occur.
13.11 Invalidity and Severability. The invalidity of any
provision of the Documents does not impair or affect in any manner
the validity, enforceability or effect of the remainder, and if a
provision is invalid, all of the other provisions of the Documents
shall continue in full force and effect.
13.12 Conflict. The Documents are intended to comply with
the requirements of the Act. If there is any conflict between the
Documents and the provisions of the Act, the provisions of the Act
shall control. In the event of any conflict between this
Declaration and any other Document, this Declaration shall control.
13.13 Right to Farm Covenant. Weld County is one of the
most productive agricultural counties in the United States. The
rural area of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area
must recognize there are drawbacks, including conflicts with long-
standing agricultural practices and a lower level of services than
in town.
Agricultural users of the 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; dust from animal pens, field
work, harvest, and gravel roads; odor from animal confinement,
silage, and manure; smoke from ditch burning; flies and mosquitoes;
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 field which is essential to
farm production.
Weld County covers a land area of over 4,000 square miles
(twice the State of Delaware) with more than 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 much be traveled may
delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection 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
subdivision to arterial may not be cleared for several days after
- 40 -
a major snowstorm. Snow removal from roads within subdivision are
of the lowest priority forpublic works or may be the private
responsibility of the homeowners. Services in rural area, in many
cases, will not be equivalent to municipal services.
Children are exposed to different hazards in the county
than in 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 present real
threats to children. Controlling children's activities is
important, not only for their safety, but also for the protection
of the farmer's livelihood.
•
IN WITNESS WHEREOF, the undersigned have executed this
Declaration of Covenants, Conditions and Restrictions for Ivy Crest
on the day and year set forth on their respective counterpart
signature pages.
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SIGNATURE PAGE ATTACHED TO AND MADE A PART OF THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR IVY CREST
The undersigned, being an Owner of real property in IVY CREST,
hereby executes this page as part of the Declaration of Covenants,
Conditions and Restrictions for IVY CREST.
DATED this day of March, 2001.
BODELS CORPORATION,
a Colorado Corporation
By
Susan E. Barrett, President
* PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS *
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of March, 2001, by Susan E. Barrett, as President of
BODELS CORPORATION, a Colorado Corporation.
/'` WITNESS my hand and official seal.
My commission expires:
Notary Public
es-
RATIFICATION
The undersigned, having a Security Interest in all or any part
of the Property described on Exhibit "A" attached hereto and
incorporated herein by reference, hereby approves, ratifies,
confirms and consents to the foregoing Declaration of Covenants,
Conditions and Restrictions for IVY CREST.
IN WITNESS WHEREOF, the undersigned has caused its name to be
hereunto subscribed by its this day of
March, 2001.
NEW FRONTIER BANK OF GREELEY
By
Name/Title
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of March, 2001, by , as
of NEW FRONTIER BANK OF GREELEY.
Witness my hand and official seal.
My commission expires:
Notary Public
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EXHIBIT "A" ATTACHED TO AND MADE A PART OF DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR IVY CREST (A COMMON
INTEREST COMMUNITY)
LEGAL DESCRIPTION OF PROPERTY
Declarant's Property
Lot A of the Amended Recorded Exemption
No. 1209-21-4-RE2151 being a part of
the East Half of Section Twenty-One (21) ,
Township Three North (T.3N. ) ,
Range Sixty-Seven West (R.67W. ) of the
Sixth Principal Meridian (6th P.M. ) ,
County of Weld, State of Colorado.
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EXHIBIT "B" ATTACHED TO AND MADE A PART OF DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR IVY CREST (A COMMON
INTEREST COMMUNITY)
Easements and Licenses
Easements and licenses appurtenant to the Common Interest Community
are as follows:
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