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Home My WebLink About800881.tiff RESOLUTION RE: APPROVAL OF AMENDED DEVELOPMENT STANDARDS FOR CARRIAGE ESTATES ' OFFICIAL UNIT DEVELOPMENT PLAN, 1ST AND 2ND FILINGS. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado held a public meeting on the 9th day of July, 1980 at the hour of 9 : 00 o'clock a.m. for the purpose of hearing the application of Sierra Investments, et al. , for approval of the amended development standards for Carriage Estates ' Official Unit Development Plan, 1st and 2nd Filings, on the following described property: Part of the West Half of the Southwest Quarter of Section 24, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, evidence was presented in support of the approval of the amended development standards for Carriage Estates ' Official Unit Development Plan, 1st and 2nd Filings, and WHEREAS, Section 6 . 6 of the Weld County Zoning Resolution authorizes the Board of County Commissioners to approve amended development standards for a unit development plan upon a showing by the petitioners of compliance with all of the requirements of Section 6. 6 of the Weld County Zoning Resolution, and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard all of the testimony and statements of those present, has studied the request of the petitioners and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the amended development standards for Carriage Estates ' Official Unit Development Plan, 1st and 2nd Filings, upon a showing by the petitioners, complies with all of the requirements of Section 6 . 6 of the Weld County Zoning Resolution. 800881 NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the petition of Sierra Investments, et al. , for approval of the amended development standards for Carriage Estates' Official Unit Development Plan, 1st and 2nd Filings, on the tract of land set forth above be, and hereby is, approved subject to the conditions as recommended by the Weld County Planning Commission dated July 1, 1980 . BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that the reasons for approval contained in the Planning Commission recommendations dated July 1, 1980 be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of July, A.D. , 1980. inn 4- BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder � t L (Aye) and Clerk to the Board C. W. Kirby, Cheirman tan6J-41 2 lege (Aye) Deputy County Clerk Leonard L. Roe, Pro-Tem APPROVED AS TO FORM: -oft-- Y44441—` (Aye) Norman Carlson l G ��-222uuu..✓�� County Attorney (ABSENT) _ L dia Dunbar e K. Ste nmark DATE PRESENTED: JULY 14 , 1980 v s 37 SEP 5 1980 Recorded at /6 o dock .1,1S.C....M.....,._.__........ g°°K913 1835145 -1-eggs rtf.d., Rec. No..___.._....._....___.._.._...`j�` 110L a—/ State of Colorado, Weld County Clerk & Recorder Ch FIRST AMENDMENT TO DEVELOPMENT STANDARDS FOR THE e CARRIAGE ESTATES OFFICIAL UNIT DEVELOPMENT PLAN (FORMERLY CHALET WEST) • e KNOW ALL MEN BY THESE PRESENTS, that SIERRA INVESTMENTS, the Devel- oper of the Carriage Estates Official Unit Development (formerly Chalet West), "t previously agreed to be bound by certain development standards more fully set forth in the Real Estate Records of the Clerk and Recorder of Weld County, Colorado, recorded in Book 750 under Reception #1672239. WHEREAS, the Developer has requested that certain standards previous- S ly stated in the amended development standards indentified above be altered at Lr\ the request of the Developer and with the approval of Weld County; and WHEREAS, it is the desire of the Developer and Weld County to revoke in part and restate in part certain items of those standards while not alter- ing in any manner the remaining standards previously adopted. NOW, THEREFORE, the Developer and Weld County jointly modify the amended development standards for the Carriage Estates Official Unit Develop- ment (formerly Chalet West) in the manner set forth below. 1. The development standards identified in the amended development standards for the Carriage Estates Official Unit Development Plan (formerly Chalet West) recorded in Book 750 under Reception No. 1672239 of the Real Estate Records of the Clerk and Recorder of Weld County, as "Signing and Setback" is hereby revoked in its entirety. 2. A new development standard identified as "Signing; Setback, and Lot Sizes" is hereby adopted by Weld County and agreed to by the Developer as a development standard for Carriage Estates Planned Unit Development. The new development standard shall read as follows: SIGNING, SETBACK AND LOT SIZES: 1. The signing provisions of the Weld County Zoning Ordinance shall be applicable to the Carriage Estates R-UD Area and H-UD Area. 2. The setback provisions of the Weld County Zoning Ordinance shall be applicable in the R-UD Area. In the H-UD Area, the "H" High Density Residential District Regulations shall apply except that the following options shall be available. If multiple- family buildings are to be constructed within the H-UD Area, the buildings may be constructed in a building configuration in which common party walls may be used for lot lines if such a multiple- family building is to be subdivided. There shall be a separation between buildings of a distance of not less than fifteen feet (15' ) or inthe event that the building is to be built on a corner lot, the sideyard requirement shall be at least fifteen feet (15' ) from the lot line to the building line. 3. Front yard setbacks may be varied to provide relief to static front yard spaces. The setback may vary from not less than fourteen feet (14' ) to not more than forty feet (40'). 4. Rear yard setbacks in the H-UD Area shall be either (1) twelve foot ( 12') minimum for accessory structures and twenty foot (20') minimum for principal structures from the center line of any alley located in the H-UD or (2) a ten foot (10') minimum from any rear lot line to any building located in the H-UD Area. -ti ems`` 913 ^ 1835145 Page 2 - First Amendment to Development Standards for the Carriage Estates Official Unit Development Plan (formerly Chalet West) 5. The County shall have authority upon proper demonstration by an applicant of compliance with these standards to issue Building Permits for multiple-family unit construction within the H-UD Area without the prior recordation of replats of any lots within the H-UD Area of theCarriage Estates Offi- cial Unit Development. 6. The County shall have authority upon proper demonstration by an applicant of compliance with these standards to issue Certificates of Occupancy for multiple family unit construc- tion within the H-UD Area subsequent to recordation of replats, (where replats are required by Weld County Subdivision Regula- tions) of any lots within the H-UD Area of the Carriage Estates Official Unit Development. DE'VELOPER'S APPROVAL The undersigned Developer of the Carriage Estates Unit Development Plan hereby agrees to this First Amendment of theAmended Development Stan- dards for the Carriage Estates Official Unit Development Plan. SIERRA INVESTMENTS: By: 12,c•-•.,_ Roger(tl Se s PLANNING COMMISSION CEKIIFICATE This Amendment is approved by the Weld County Planning Commission this 1st day of JULY , 19$0 roan cftcE'IFICATE OF APPROVAL BY COUNTY COMMISSIONERS This Amendment is approved by the Board of County Commissioners of Weld County, State of Colorado. Witness my hand and Corporation Seal of Weld County, Colorado, this 9th day of JULY , A.D. 1980. (,tut L Chairman 'F�i BEFOR_ THE WELD COUNTY PLANNING u�MMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI ` SIONERS UD-1 :80:1 1221 8th Avenue Sierra Investments , et. al . Greeley, CO 80631 Moved by Jerry Kiefer that the following resolution be intro- duced for passage by the Weld County Planning Commission : , Be it therefore Resolved iy tue Weld County Planning Commission that the following be adopteJ by the Board of County Commissicners : Amend Development Standards for Carriage Estates Official Unit Development Plan 1st and 2nd Filing being Pt. of the Wz SWa Section 24, T5N, R66W To be recommended favorably to the coard of County Commissioners for the following reasons : 1 . It is the opinion of the Planning Commission that the requested changes do not substantially differ from what was originally approved by the Board of County Commissioners . 2. This request is in compliance with Section 6.6. Unit Development Standards of the Weld County Zoning Resolution. Motion seconded by Frank Suckla_ . Vote : For Passage Abstair Against Jerry Kiefer Frank Suckla • Bob Halleran Fred Otis Don Billings Bob Ehrlich Chuck Carlson Thi Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commi ;sioners fer further proceedings . Planning Commissions Pfmnmmendations 0- July 1, 1980 UD-1 :80:1 Page 2 3. This request will clarify the permitted uses on the site and how the review of the permitted uses will take place. 4. The following referral entities have reviewed the request and set forth no objections to it: a . Weld County Health Department; b. Weld County Engineering Department; c. City of Greeley Planning Commission subject to the applicant meeting the condition set forth in the City's letter of June 26, 1980. d. The Western Hills Fire Protection District. The Planning Commissions recommendation for approval is conditional upon the following: 1 . The attached Development Standards , as revised by the Department of Planning Staff, being recommended and adopted for the Unit Development area. 2. The applicant submitting the amended Development Standards (as revised) in final form for the purpose of recording the document in the Clerk and Recorder' s Office. CERTIFICATION OF COPY I , Dianne J. Reed , Recording Secretary of the Weld County Planning Commission , do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County , Colorado . raopted on July 1 , 1980 and re- corded in Book No . VII of the proceedings of the said Planning Commission . Dated the 7th day of July 19 80 70" ate, of t.P.4 Secretary DEVELOPMENT STANDARDS SIERRA INVESTMENTS, ET AL UD-1 :80:1 SIGNING, SETBACK AND LOT SIZES: 1. The signing provisions of the Weld County Zoning Ordinance shall be applicable to the Carriage Estates R-UD Area and H-UD Area. 2. The setback provisions of the Weld County Zoning Ordinance shall be applicable in the R-UD Area. In the H-UD Area, the "H" High Density Residential District Regulations shall apply except that the following options shall be available. If multiple-family buildings are to be constructed within the H-UD Area, the buildings may be constructed in a building configuration in which common party walls may be used for lot lines if such a multiple-family building is to be subdivided. There shall be a separation between buildings of a distance of not less than fifteen feet (15' ) , or in the event that the building is to be built on a corner lot, the sideyard requirement shall be at least fifteen feet (15' ) from the lot line to the building line. 3. Front yard setbacks may be varied to provide relief to static front yard spaces. The setback may vary from not less than fourteen feet (14' ) to not more than forty feet (40' ) . 4. Rear yard setbacks in the H-UD Area shall be either (1) a twelve foot (12' ) minimum for accessory structures and twenty foot (20' ) minimum for principal structures from the center line of any alley located in the H-UD or (2) a ten foot (10' ) minimum from any rear lot line to any building located in the H-UD Area. 5. The County shall have authority upon proper demonstration by an applicant of compliance with these standards to issue Building Permits for multiple-family unit construction within the H-UD Area without the prior recordation of replats of any lots within the H-UD Area of the Carriage Estates Official Unit Develop- ment. 6. The County shall have authority upon proper demonstration by an applicant of compliance with these standards to issue Certificates of Occupancy for multiple family unit construction within the H-UD Area subsequent to recordation of replats (where replats are required by Weld County Subdivision Regulations) of any lots within the H-UD Area of the Carriage Estates Official Unit Development. CAC:dr 6/30/80 Date : July 1, 1980 CASE NUMBER: UD-1 80 1 NAME: Sierra Investments, et al REQUEST: Amend Development Standards for Carriage Estates Official Unit Development Plan 1st and 2nd Filing LEGAL DESCRIPTION: Part of the W1 SW14, Section 24, T5N, R66W LOCATION: ''4 mile south of U.S. Highway 34 Bypass on the east side of 35th Ave. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE Approved FOR THE FOLLOWING REASONS: 1. It is the opinion of the Department of Planning Services Staff that the requested changes do not substantially differ from what was originally approved by the Board of County Commissioners. 2. This request is in compliance with Section 6.6. Unit Development Standards of the Weld County Zoning Resolution. 3. This request will clarify the permitted uses on the site and how the review of the permitted uses will take place. 4. The following referral entities have reviewed the request and set forth no ob- jections to it: a. Weld County Health Department; b. Weld County Engineering Department c. City of Greeley Planning Commission; subject to the applicant meeting the con- dition set forth in the City's letter of June 26, 1980. d. The Western Hills Fire Protection District. The Department of Planning Services Staff recommendation for approval is conditional upon the following: 1. The attached Development Standards, as revised by the Department of Planning Staff, being recommended and adopted for the Unit Development area. 2. The applicant submitting the amended Development Standards (as revised) in final form for the purpose of recording the document in the Clerk and Recorder's Office. CC:rg 6/30/80 DEVELOPMENT STANDARDS SIERRA INVESTMENTS, ET AL UD-1 :80:1 SIGNING, SETBACK AND LOT SIZES: 1. The signing provisions of the Weld County Zoning Ordinance shall be applicable to the Carriage Estates R-UD Area and H-UD Area. 2. The setback provisions of the Weld County Zoning Ordinance shall be applicable in the R-UD Area. In the H-UD Area, the "H" High Density Residential District Regulations shall apply except that the following options shall be available. If multiple-family buildings are to be constructed within the H-UD Area, the buildings may be constructed in a building configuration in which common party walls may be used for lot lines if such a multiple-family building is to be subdivided. There shall be a separation between buildings of a distance of not less than fifteen feet (15' ) , or in the event that the building is to be built on a corner lot, the sideyard requirement shall be at least fifteen feet (15' ) from the lot line to the building line. 3. Front yard setbacks may be varied to provide relief to static front yard spaces. The setback may vary from not less than fourteen feet (14' ) to not more than forty feet (40' ) . 4. Rear yard setbacks in the H-UD Area shall be either (1) a fifteen foot (15' ) minimum for accessory structures and twenty foot (20' ) minimum for principal structures from the center line of any alley located in the H-UD or (2) a ten foot (10' ) minimum from any rear lot line to any building located in the H-UD Area. 5. The County shall have authority upon proper demonstration by an applicant of compliance with these standards to issue Building Permits for multiple-family unit construction within the H-UD Area without the prior recordation of replats of any lots within the H-UD Area of the Carriage Estates Official Unit Develop- ment. 6. The County shall have authority upon proper demonstration by an applicant of compliance with these standards to issue Certificates of Occupancy for multiple family unit construction within the H-UD Area subsequent to recordation of replats (where replats are required by Weld County Subdivision Regulations) of any lots within the H-UD Area of the Carriage Estates Official Unit Development. CAC:dr 6/30/80 Rtv, .M ' i i 'FjRiFgm1, s ym,ry 1 _ _" } ? $� err* H Y f y 4 1 1il _altrertatss ^l. °�,,� • a - A.+:i��'i },tom '--� F 1 d N .tom=/ ..,t, . '-, -Cn4 .i ,i i".�jy �`^—' "kls�. dg /T' G Lr 111 l.y ,��g,{y 2. Y —. j \ ,y' r�.' i` ' -1 ;l+' ` CIS 1 ../ / —7_•� F, '1 91/4-I4:7 =Al` ? `Y,= A r,1. • 1� j i s:jhK 3 f .. .. _ r "'�'k -fie.\ f ..' - a'L -- �, �It _ .I,•• :a r r .. _ -.;s-- � �i�i � �-a�L Ic�,.•'" . v..� P'}: � y zP..•,• 5 ice'- _ GREELEY CIVIC CENTER GREELEY. COLORADO 80631 PHONE 1303, 353-6123 June 26 , 1980 Charles Cunliffe Assistant Zoning Administrator Weld County Department of Planning Services 915 Tenth Street Greeley , CO 80631 • Dear Chuck : The Greeley Planning Commission at its meeting on June 24 , 1980 reviewed the (1) Resubdivision, (2) Vacation, and (3) Amendment to the Development Standards for Carriage Estates Subdivision , located one-half mile south of U . S. 34 Bypass on the east side of 35th Avenue . The Commission recommended no objections subject to a change in Item 5 of the Development Standards that would require a minimum 5 foot rear yard setback for all accessory structures on the properties . The Commission expressed concern that allowing the garages to be constructed right along the rear property line may not provide for sufficient turning radius into the garages . Concern was also expressed regarding the safety of pedestrians walking around the garages . If you have any questions with regards to this matter , please do not hesitate to contact our office . Respectf/ully, L2 4s 8` Ken McWilliams lti� ��. City Planner „1,92c\ R ��N1yg© �CE'/V • 1v} KM:AJ :ka ` wc' Co EO w? bane%6 a smd P. Enclosures \ - a- "A COMMUNITY OF PROGRESS" RECORD OF PROCEEDINGS • Planning Commission Meeting June 24, 1980 The Planning Commission of the City of Greeley, Colorado was called to order by Chairman Dietz. Those present were Commissioners Markley, Keirnes , Cummins and Roeth. • I. APPROVAL OF MINUTES Commissioner Markley made a motion to approve the minutes of the previous meeting as mailed. Commissioner Cummins seconded the motion. Vote was taken and the motion carried unanimously. II WELD COUNTY REFERRAL: RESUBDIVISION, VACATION, AND DEVELOPMENT STANDARD AMENDMENTS FOR CARRIAGE ESTATES SUBDIVISION LOCATION: One-Half Mile South of U.S. 34 Bypass on the East Side of 35th Avenue Mr. McWilliams pointed out the location of the Carriage Estates Subdivision, which consists of two different zoning categories. The property is zoned R-UD on the northern portion and H-UD on the southern portion. Two lots would be resubdivided to five lots and changes have also been requested in the development standards. A rear yard setback for accessory structures of ten feet from the center line of the alley is being requested which would put the setback on the property line. Staff feels that an additional five feet on either side of the alley is necessary for safety purposes. Steve Sears noted that this is the only alley in the subdivision and it will be changed to a one way. He noted that the alley is a twenty foot dedicated right-of-way; however, only ten feet is paved, so there is already five feet on either side of the driving area which acts as a setback. He felt that providing another five foot setback would take away from the value of the property. Mr. McWilliams indicated that if the alley is never widened to 20 feet, then there would he no problem. However, there is no guarantee that the alley will not be widened. Mr. Sears noted that concrete aprons will he run from the c a rports to the alley. Commissioner Cummins questioned the side yard requirements. Mr. McWilliams noted that there is a zero side yard requirement which doesn't apply to the front and rear yards. Mr. Sears noted that there is a 15 foot side yard requirement between the buildings. Commissioner Roeth ques- tioned whether a large car could make the turn into the carports. Mr. Sears indicated that this isn't a 900 turn since the carports will be canted. Commissioner Cummins made a motion to recommend approval of the request subject to meeting the five foot minimum setback from the alley as recommended by staff. Commissioner Roeth seconded the motion. Vote was taken and the motion carried unanimously. III. WELD COUNTY REFERRAL: RECORDED EXEMPTION LOCATION: Southwest Corner of Intersection of County Road 64 and County Road 31 Mr. McWilliams explained that the Commission reviewed a lot size variance request on this property at a previous meeting and recom- mended approval subject to providing a common access drive to County Road 31. The Collins' have not been able to accomodate this request and have returned to the Commission requesting common-.:7-,5Cs /)ipoR- access to County Road 64 as part of their recorded exemptiovt44 gust:'% Commissioner Markley questioned the effect Hewlett Packaj -ill ✓,n t* have on this road. Mr. Sasaki noted that Hewlett Packayy,61,Woul$ about one-half mile south of County Road 64. He indicated tha`eUN Fourth Street and Tenth Street would probably pick up m6;st E r- . LIVED traffic. �'� Weld C�ouhr! Commissioner Keirnes made a motion to recommend no obje4i o¢,'�Afl�®Camie, .IASIe request as presented. Commissioner Cummins seconded th&Zmption. Vote was taken and the motion carried unanimously. ;-L &,--$311 ADMINISTRATIVE REVIEW TEAM June 11 , 1980 II . WELD COUNTY REFERRAL: AMENDMENTS TO CARRIAGE ESTATES FIRST AND SECOND FILINGS LOCATION: 1/2 mile south of U. S. 34 Bypass and East of 35th Avenue • Represented by: Doug Sears , Jackie Calhoun , Steve Sears Sears Investment Corporation 1221 Eighth Avenue Ken McWilliams introduced this item to the A.R. T. board. He explained that Mr . Sears wanted to 1) vacate a 20 foot alley easement, 2) amend the development standards for the high density unit development , and 3) discuss the resubdivision of Lots 8 and 9 , Block 4 , Carriage Estates First Filing . Mr . McWilliams explained that Mr. Sears was working with the utility companies in reference to the lines which run under the 20 foot alley easement. It was determined by the A.R .T . board that they could see no problem with vacating this easement . Ken McWilliams expressed concern in reference to Items No . 5 , 6 , and 7 of the amendment to the development standards . Item No . S outlines a ten foot minimum rear setback from the centerline of any alley located in the high density unit development . Mr . Sears explained that that minimum setback applied only to accessory buildings . Mr . McWilliams explained that the amendment as written did not clarify that fact . He also explained that he felt that that easement requirement should be increased to at least 15 feet to allow buffer space between people walking around those buildings and automobiles in the alley . Mr. McWilliams explained that his concerns with Items 6 and 7 related to the waiver of the requirement that plats he recorded prior to development of the lots or issuance of certificates of occupancy . Mr. Sears explained that these items were included since he cannot control whether the common walls of the townhouses would be built directly on platted lot lines . He further explained that platting after construction would prevent the need to submit a replat after construction has been completed. John Swallow indicated that a two hour fire wall would have to be provided between each townhouse unit . Two hour fire walls would also have to be provided for the garages at the rear of the lots if located closer than 3 feet to the property line . Ken McWilliams explained that he would have to look further,,.i.n o ... the situation involving the 10 foot rear setback requiremeal:$?3 b,Cie ,� explained that he would get back in touch with Mr. Sears;;\ dis; .uss',�`. this problem. YIDN 1980 , RECEIVEp J ° Weld Cousay %anriag Commisslo, *: Z'4,C CASE SUMMARY SHEET Case Number : UD- 1 :80: 1 P. C. Hearing Date : July I , 1980 Applicant : Sierra Investments, et al Property Owner: Same Size of Parcel: 1st and 2nd Filing Staff Member to Contact : Carriage Estates Chuck Cunliffe Legal Description : Part of the WI SW= Section 24, T3N, R66W Location: I mile south of U.S. Hwy 34 Bypass on the east side of 35th Avenue Existing Zoning: H-UD Request : .Amendment to Development Standards for Carriage Estates Official Unit Development Plan Possible Issues Summarized from Application Materials: Referral responses positive to date. • CC: rg 6/24/80 • ( ^ UNIT DEVELOPMENT APPLICATION CASE # : U O — 1 ;Sot k eat . cr Planning Services App . Ch ' d By : C , Date Rec ' d : ' 615 1Cth :greet App . Fee : 50.00 _ Receipt # : lktLl Greeley, Colorado 80631 Record. Fee : �( ,po Receipt # : ,q4 :'hone : 35 -4000, Ext . 404 TO BE C0:"PLETED 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 Unit Development of the following described unin- corporated area of Weld County, Colorado : LEGAL DESCRIPTION : CARRIAGE ESTATES FIRST AND SECOND FILINGS, Weld County, Colorado • (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE H-UD PROPOSED ZONE H -UD TOTAL ACREAGE OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING : Name : PLEASE SEE THE ATTACHED SHEET. Home Telephone #: Address : Bus . Telephone #: Name : Home Telephone ¶: Address : Bus . Telephone # : Name : Home Telephone # : Address : Bus . Telephone # : Applicant or Authorized Agent (if different than above) : Name: Home Telephone #: Address : Bus . Telephone J[ : 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. COUNTY OF WELD ) STATE OF COLORADO - ) �; I Sinature : Ocner ft->--Authorized Agent Suhsc r_he.d and 'sworn to before me this day of 19 , ELAL NOTARY PUBLIC iSi "---CEIVED ' _..__ _on expires : 1' ; •r1 \c r "')/ it . . . issicG _6, 1221 eighth avenue greeley, colorado 80631 303-356-7700 March 17th 1980 Realtors UNIT DEVELOPMENT APPLICATION SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Re: Carriage Estates First and Second Filings Wendell L. Burgess 1300 42nd Avenue Phone: 36-3 227j Lot 1, Block 2. BY: Frank Morris 1129 Cranford Phone: ..56:277(.29 Lot 3, 'Rock 2. BY _HSC - 34/4 34'6 .4vt. Agnes Klassen & Arnold W. 184-6 +-2th Avenue Phone:,J'.,"c&-J-49(o Klassen; Trustees of the Agness Klassen Trust Lot 23, Block 4. By: .�f a- ) . Stan Stumbaugh & 1107 30th St. Rd. Phone: 3502 --09// Don C . to � 3010 So. Ave. Lot , Block 1, /rest Filing ; By: C Greeley Church of God Phone: ;jam?. '7tf',: Lot 1, Block 1, Second Filing 330—$55(0 BY i/. �/J//IiJY(/YYL� II i (continued on 2nd sheet) residential, investment & commercial sales. property management, and development Page 2 Names of Prop. _y Owners of area proposed for . .zoning. Sara Roberts Berthick 1725 12th Avenue Phone: 7.,?,3 Lot 5, Block 2 By: .. - Harold B. & Ruby F. 3421 34th Ave. Phone: , 3Q-Z7c5— Lyth go e Lot 4, Block 1 Russell Dean & Nelle E. Morris Lot 11 Block 4, CARRIAGE ESTATES Phone: 16-2 -4JK4L O 516 16th Avenue By: %‘ f-C- G, Grounds, Sam L. & Kaye H. 2438 26th Avenue Lot 10, Block 4 , CARRIAGE ESTATES FIRST Phone:-3oO ( I y f� FIRST AMENDMENT TO DEVELOPMENT STANDARDS FOR THE CARRIAGE ESTATES OFFICIAL UNIT DEVELOPMENT PLAN (FORMERLY CHALET WEST) KNOW ALL MEN BY THESE PRESENTS , that SIERRA INVESTMENTS , the Developer Of the Carriage Estates Official Unit Development (formerly Chalet West) , previously agreed to be bound by certain development standards more fully set forth in the Real Estate Records of the Clerk and Recorder of Weld County , Colorado , recorded in Book 750 under Reception 1672239 . WHEREAS , the Developer has requested that certain standards previously stated in the amended development standards identified above be altered at the request of the Developer and with the approval of Weld County; and WHEREAS , it is the desire of the Developer and Weld County to revoke in part and restate in part certain items of those standards while not altering in any manner the remaining standards previously adopted. • NOW, THEREFORE , the Developer and Weld County jointly modify the amended development standards for the Carriage Estates Official Unit Development Plan (formerly Chalet West) in the manner set forth below. 1 . The development standards identified in the amended development standards for the Carriage Estates Official Unit Development Plan (formerly Chalet West) recorded in Book 750 under Reception No . 1672239 of the Real Estate Records of the Clerk and Recorder of Weld County, as "Signing and Setback" is hereby revoked in its entirety. 2 . A new development standard identified as "Signing , Setback, and Lot Sizes" is hereby adopted by Weld County and agreed to by the Developer as a development standard for Carriage Estates Planned Unit Development . The new development standard shall read as follows : SIGNING , SETBACK, AND LOT SIZES . 1 . The signing provisions of the Weld County Zoning Ordinance shall be applicable to the Carriage Estates R-UD Area and H-UD Area . 2 . The setback provisions of the Weld County Zoning Ordinance shall be applicable in the R-UD Area . In the H-UD Area, the "H" high density residential district regulations shall apply except that the following options shall be available . If multiple-family buildings are to be constructed on contiguous lots within the H-UD Area, the buildings may be constructed in a building configuration which includes common party walls and the requirement for sideyard setbacks is that there shall be a separation between buildings of a distance of not less than fifteen feet (15 ' ) , or in the event that the building is to be built on a corner lot , the sideyard require- ment shall be at least fifteen feet (15 ' ) from the lot line to the building line . 3. It shall not be a violation of any sideyard setback standard imposed herein if the final location of constructed party walls in multiple-family buildings on contiguous lots are not coincident with lot lines for any lots shown on a recorded Plat for the M-UD Area of the Carriage Estates Official Unit Development Plan . Front yard setbacks may be varied to provide relief to static front yard spaces . The sethac'.hmay vary from not less than fourteen feet (14 ' ) to not more than forty feet (40 ' ) . 5 . Rear yard setbacks in the H-UD Area shall include either (1 ) a ten foot (10 ' ) minimum from the center line of any alley located in the li-UD Area or ( 2) a ten foot (10 ' ) minimum Iron any rear lot line located in the H-UD Area to the back of the building of any building . 6 . The County shall have authority upon proper demon- stration by an applicant of compliance with these standards to issue Building Permits for multiple-family unit construction within the H-UD Area without the prior recordation of replats of any lots within 'the ii-LID Area of the' Carriage Estates Official Unit Development . 7 . The County shall have authority upon proper demon- stration by an applicant of compliance with these standards to issue Certificates of Occupancy for multiple- family unit con- struction within the H-UD Area without the prior recordation of replats of any lots within the H-UD Area of the Carriage Estates Official Unit Development . DEVELOPER ' S APPROVAL The undersigned Developer of the Carriage Estates Unit Development Plan hereby agrees to this First Amendment of the Amended Development Standards for the Carriage Estates Official Unit Develop- ment Plan. SIERRA INVESTMENTS / \ !i✓,. i ��, vim, Roger' D. Sears/ PLANNING COMMISSION CERTIFICATE This Amendment is approved by the Weld County Planning Commission this day of , A. D . 1980 . Chairman CERTIFICATE OF APPROVAL BY COUNTY COMMISSIONERS This Amendment is approved by the Board of County Commissioners of Weld County , State of Colorado . • Witness my hand and Corporation Seal of Weld County , Colorado , this day of , A. D. 1980 . Chairman ATTEST : - RECORDER' S CERTIFICATE. This Amendment was filed for record in the Office of the County lerk .3na Recorder of Weld County , Colorado , at .rn. on the day of , A. D. 1980 , in Book under Reception No . Weld County Clerk and Recorder Deputy Clerk n.-'_- RAL LIST . o •rPL7_ -;T Sierra Investments, e 1 . • H • • < CASE r UD-1:80: 1 7 • REFERRALS SENT OUT ON: June 4, 1980 rip o REFERRALS TO BE RECEIVED BY: June 20, 1980 z, c� C H ^ z tJ U Q H ^+. r-1 n /1 H :� o v o c REFERRALS RECEIVED County Attorney County Health County Engineer City of Greeley Planning Comm c/o Ken McWilliams Civic Center Complex Greeley, CO 80631 P.C. 6/24/80 Jerry Kiefer 2120 Fairway Lane Greeley, CO 80631 Western Hills Fire Dept. William Bailey 1804 Cherry Avenue Greeley, CO 80631 • • ' G ILING LIST - SIERRA INVESTMENTS, ET AL . L0- 1 :80: 1 Carriage Developers John Joseph and Paul B. Murphy 1221 8th Avenue 3322 34th Ave. Court Greeley, Colorado 80631 Greeley, Colorado 80631 Richard W. Fuller, Jr. Gary R. and Vernell J . Brown 2507 Reservoir Road 3314 34th Ave. Ct. Greeley, Colorado 80631 Greeley, Colorado 80631 George A. and Mary M. Beckman Robert D. and Elaine M. Waag 3=06 35th Avenue 3313 34th Avenue Court Greeley, Colorado 80631 Greeley, Colorado 80631 Country Estates Mobile Home Park Morris J . and Dawn L. Lester 5650 East Evans #200 3415 34th Ave. Ct. Denver, Colorado 80222 Greeley, Colorado 80631 S. Roy and Helen S. Horii Dale K. and Sandra C. Hall Laird Star Rt. 3319 34th Ave. Ct. Wray, Colorado 80758 Greeley, Colorado 80631 Charline F. Mantel and Kenneth L. and Janet E. Maul Jane F. Hubbell 3323 34th Ave. Ct. c/o Russell Billings Greeley, Colorado 80631 1727 71st Avenue Greeley, Colorado 80631 Richard M. and Rita A. Johnson 3330 34th Ave. Place Katherine Pope Greeley, Colorado 80631 3412 34th Ave. Place Greeley, Colorado 80631 Larry G. and Lillian E. Nunn 3320 34th Ave. Place Edwin W. and Mary E. Barnhart Greeley, Colorado 80631 3409 34th Avenue Greeley, Colorado 80631 Eldon J . , Jr. and Susan J . Campbell 3316 34th Ave. Place Louise Wells Greeley, Colorado 80631 3311 34th Ave. Place Greeley, Colorado 80631 Harley J . and Norma J . Winchester 3316 34th Ave. Place Greeley, Colorado 80631 Richard A. and Donna L. De Vore 3321 34th Ave. Place • Greeley, Colorado 80631 James M. and Delores K. Beery L-: _5 3 +h t 3345- 34 .y Ave. P( . =reeley, Colorado 80631 Lanny D. and Shir!ev S . Davis 32tb Ave. Place ee ey, Colorado 80631 • • • DECLARATION OF COVENANTS , CONDITIONS , RESTRICTIONS , AND EASEMENTS FOR CANDLWYCK WAY HOMEOWNERS ASSOCIATION ��152627284;3 tip- 44 °o'i AR MAY 1980 RECEIVED 9 Weil Cum .s °- Rai*COWS* V • INDEX PAGE ARTICLE I DEFINITIONS Section 1 Approval or Consent Section 2 Articles of Incorporation • • Section 3 Assessment Section 4 Association Section 5 Board Section 6 Bylaws Section 7 Common Area Section 8 Declarant Section 9 Declaration Section 10 Expansion Properties Section 11 Improvements Section 12 Institutional Mortgagee or First Mortgagee Section 13 Lot Section 14 Member • Section 15 Mortgage Section 76 Mortgagee Section 17 Owner Section 18 Patio Section 19 Person Section 20 Project Section 21 Unit Section 22 General ARTICLE II RIGHTS RESERVED BY DECLARANT ARTICLE III PROPERTY RIGHTS Section 1 Owner ' s Easements of Enjoyment Section 2 Development and Conveyance of Common Area ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1 Membership in Association Section 2 Voting Section 3 Notices ,^N C. Y • ARTICLE V ASSESSMENTS Section 1 General Section 2 Annual Assessments Section 3 Supplementary Assessments Section 4 Special Assessments Section 5 Assessments in Equal Amounts : Exceptions Section . 6 Time for Payments Section 7 Lien for Assessments and Other Amounts Section 8 Liability of Owners, Purchasers and Mortgagees Section 9 Estoppel Certificate Section 10 No Abatement Section 11 Rights of First Mortgagees to Pay Assessments , Etc ARTICLE VI MAINTENANCE Section 1 Powers of the Association Generally . . . Section 2 Common Area and Maintenance Section 3 Labor and Service Section 4 Rules and Regulations Section 5 Implied Rights Section 6 Easement for Maintenance Section 7 Willful or Negligent Act ARTICLE VII PARTY WALLS Section 1 General Rules of Law to Apply Section 2 Sharing of Repair and Maintenance Section 3 Destruction by Fire or • Other Casualty Section 4 Damage and Repair Section 5 Right to Contribution Runs With Land. • Section 6 Arbitration ARTICLE VIII USE AND OTHER RESTRICTIONS Section 1 Restrictions Not Applicable to Declarant Section 2 Single -Family Residence Section 3 Common Area Restriction "a\ n Section 4 No Imperiling of Insurance Section 5 No Violation of Law Section 6 Appearance Section 7 Restrictions on Signs Section 8 Restrictions on Leasing Section 9 Rules and Regulations • Section 10 Mineral Exploration Section 11 Mechanic ' s Lien Section 12 Vehicle Parking Section 13 Animals Within Project Section 14 Board to Determine Violations Section 15 Omission , Waiver or Abandonment of Certain Items Section 16 Method of Determining Annual Assessments ARTICLE IX INSURANCE Section 1- Insurance Section 2 Insurance Requirements Generally Section 3 Casualty Insurance Section 4 Public Liability and Property Damage Insurance Section 5 Insurance by Owners Section 6 Notice Upon Loss Section 7 Other Insurance ARTICLE X EASEMENTS Section 1 Owner ' s Rights in Lot Subject to the Provisions of this Declaration Section 2 Owner ' s Easement for Access , Support , and Utilities Section 3 Easements for Encroachments Section 4 Easements in Lots for Repair , Maintenance , and Emergencies Section 5 Easements Deemed Appurtenant ARTICLE XI EXPANSION Section 1 Reservation of Right to Expand Section 2 Supplemental Declaration eTh ARTICLE XII TERMINATION AND AMENDMENT OF DECLARATION Section 1 Termination Section 2 Amendments ARTICLE XIII MISCELLANEOUS Section 1 Enforcement and Remedies Section 2 Protection of First Mortgagees or Institutional Mortgagees Section 3 Limited Liability ; Indemnification Section 4 Complaints ; Procedures Section 5 Successors and Assigns Section 6 Additional Protection for Institutional Mortgagees Section 7 Severability Section 8 Captions Section 9 No Waiver • ARTICLE XIV CONDEMNATION Section 1 Condemnation (a) Proceeds (b) Complete Taking (c) Partial Taking (d) Notification of Mortgagees DECLARATION OF COVENANTS , CONDITIONS , RESTRICTIONS , AND EASEMENTS FOR • CANDLWYCK WAY HOMEOWNERS ASSOCIATION THIS DECLARATION is made this _ day of 1980 , by the owners and lienholders of record for the real property more particularly described in Exhibit "A" attached hereto , with the owners hereinafter refers 1 to as "Declarant" . W I T N E S S E T H : WHEREAS , Declarant is the owner of certain real property located in the County of Weld , State of Colorado , which is more particularly described in Exhibit "A" attached hereto and made a part hereof (also known as the "Properties") . NOW , THEREFORE , Declarant hereby declares that all of the properties described above shall be held,, sold and conveyed subject to the following easements , restrictions , covenants , and conditions which are for the purpose of protecting the value and desirability of and which shall run with the real property and be binding on all . parties having any right , title , or interest in the described properties or any part thereof , their heirs , successors , and assigns , and shall inure to the benefit of every owner thereof . ARTICLE I DEFINITIONS Section 1 . "Approval" or "Consent" shall mean securing the prior written approval or consent as required herein before doing , making or suffering that for which such approval or consent is required . Section 2 . "Articles of Incorporation" shall mean the Articles of Incorporation of the Association , as the same may from time to time be amended . Section 3 . "Assessment" shall mean and refer to any assess- levied , charged , or assessed against an Owner and/or his Lot accordance with the provisions of this Declaration . Section 4 . "Association shall mean and refer to Candlwyck Way Homeowners Association , Inc . , a Colorado corporation , not- for- profit , its successors and assigns . • Section 5. • "Board" shall mean the Board of Directors of the Association . Any determination or action to be taken or made by the Board under this Declaration may be made or taken by a committee appointed by the B( :d pursuant to the Bylaws subject to any limitation imposed by Coiurado Law and provided that all deter- minations and action required under Article V shall be made by the Board and not a Committee appointed by it . Section 6 . "Bylaws" shall mean and refer to the duly . adopted Bylaws of the Association , as the same may from time to time be amended . Section 7 . "Common area" shall mean and refer to all of the Properties except the portions thereof within the boundaries of any Lot as shown on recorded final subdivision plats of the "Properties" ; such term shall include all Improvements which are within the Common Areas including , without limitation , all exterior lighting , benches , and walks . Said areas are intended to be devoted to the common use and enjoyment of Owners (subject to the .provisions hereof) and are not dedicated for use by the general public except as indicated on the Subdivision Plat in the Real Estate Records of the Clerk and Recorder of Weld County in Book under Reception No . . The definition of Common Area shall expressly exclude any public streets or alleys as shown on the Subdivision Plat identified above . Section 8 . "Declarant" shall mean and refer to the owners of the real property described in Exhibit "A", their successors and assigns . Section 9. "Declaration" shall mean and refer to this Declaration as the same may be amended , changed , or modified from time to time . Section 10. "Expansion Properties" shall mean and refer to that real estate described in Exhibit "B" attached hereto which the Declarant shall have the right to include within the Project as provided in Article XI hereof. Section 11 . "Improvements" shall mean and refer to all improvements now or hereafter constructed including , without limitation, all Buildings , Units , exterior lighting , benches , and walks . Section 12 . "Institutional Mortgagee" or "First Mortgagee" shall mean and refer to a First Mortgagee which is a federally or state chartered bank , a federal or state savings bank, or savings and loan institution, a real estate investment trust , or any corpora- tion whose primary business is the making , purchasing , or placing of mortgage loans , who shall perfect a first priority security position as to any Lot or Unit and Improvements constructed within the Project . Section 13. "Lot" shall mean and refer to that portion of the Properties shown as such on recorded final Subdivision Plats of the Project and shall include the Unit (s) built , or to be built , thereon and the private driveway(s) and patio (s) appurtenant thereto . - The boundaries of each Lot are subject to Article VII hereof . Section 14 . "Member" shall mean and refer to the Person designated as such pursuant to Article IV. Section 15. "Mortgage" shall mean and refer to a mortgage , deed of trust , or other similar security instrument held or owned by a Mortgagee which encumbers any Lqt . Section 16 . "Mortgagee" shall mean and refer only to a . Mortgagee under a Mortgage or a beneficiary under a deed of trust - 2 - • or similar security instrument . For the purpose of this Declara- tion and the Bylaws , no Person shall be deemed a Mortgagee until written notice of such interest has been given to the Association together with the name and address of the Mortgagee . Section 17 . "Owner" shall mean and refer to the record Owner , whether one or more persons or entities , of fee simple title to any Lot or Unit , but excluding those having such interest merely as security for the performance of any obligations , provided , that a purchaser at a foreclosure sale or trustee ' s sale shall be deemed an Owner upon the issuance of a public trustee ' s deed for the property . The term Owner shall not include the Owner or Owners of any leasehold estate or interest . At the time of transfer of any Lot or Unit , notice of such transfer shall be given to the Association by the, transferor . Any transferor who fails to give such notice shall be personally liable for all assessments accruing after such failure and until such notice is given , but shall have none of the rights or privileges accruing to Owners hereunder . Section 18 . "Patio" shall mean and refer to any private space appurtenant to a Unit which has been or will be fenced off by the Declarant from persons other than the Owner of a Unit to which said Patio is appurtenant . Section 19 . "Person" shall mean an individual , corporation , partnership , association , trust , or other legal entity or any combination thereof. Section 20. "Project" shall mean and refer to all the common Area and Lots' within Properties and all Improvements and Units , together with all of the appurtenances thereto . Section 21 . "Unit" shall mean and refer to any portion of a Building situated upon a Lot designed and intended for use and occupancy as a residence by a single family . Section 22. Whenever the context so requires , the use of the singular shall include the plural , the plural the singular ; and the use of any gender shall include all genders . • ARTICLE II RIGHTS RESERVED BY DECLARANT Notwithstanding anything to the contrary contained in the Declaration, the Declarant expressly reserves unto itself , its employees , agents , representatives , contractors , and their employees the right to use the Common Area to facilitate and complete the development of the Project including , without limitation , the use of the Common Area for (i) construction , excavation , grading , landscaping , parking , and/or storage ; (ii) the maintenance and operation of a sales office and model u;iits for sales purposes ; (iii) the showing to potential purchasers of any unsold Lot , Unit , or Improvement within the Project ; (iv) the display of signs to aid in the sale of any unsold Lots and Units ; and (v) to operate and maintain all or any portion of Common Area owned by Declarant , as provided in Article III , Section 2 . All rights reserved to the Declarant in this Article shall terminate on January 1 , 1985 , or at an earlier date by an express statement of termination executed by the Declarant and recorded in the Real Estate Records of the Clerk and Recorder of Weld County , Colorado . ARTICLE III " 'OPERTY' RIGHTS Section 1 . Owner ' s Easements of Enjoyment. Every Owner , his immediate family and guests , shall have a non-exclusive right - 3- • and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to the Lot or Unit of such Owner , subject to the following rights : (a) The Association shall have a non-exclusive right and easement to make such use of Common Area and Improvements thereon as may be necessary or appropriate for the performance of the duties and functions which it is obligated or permitted to perform under this Declaration . The Association , in its sole discretion , may from time to time grant easements and rights-of-way on , across , under , and over the Common Area to• any district or other entity providing water , sewer , gas , electricity , telephone , cable television, or other similar service to the Project or any part thereof. The Common Area within the Project may not be sold or otherwise transferred , conveyed , assigned , abandoned , partitioned , or subdivided or encumbered unless all Institutional Mortgagees shall approve . (b) The right of the Association to make such reasonable rules and regulations regarding the use of the Common Area and facilities located thereon by the Members and other Persons entitled to such use . (c) All rights reserved to the Declarant , other Owners , and Association in this Declaration . (d) The exclusive right of the °wrier of each Lot or Unit to use such portion, if any , of the private driveway appurtenant to such Owner ' s Lot or Unit . Section 2 . Development and Conveyance of Common Area. The Declarant shall , after completion of the Common Area , convey all of that Common Area , together with any Improvements thereon, to the Association free and clear of any liens and encumbrances , but in no event later than January 1 , 1985 . All Common Area conveyed should be conveyed to the Association subject to the covenants , restrictions , easements , and encumbrances set forth herein . The following covenants shall be binding upon the Association and its successors and .assigns : "In order to preserve and enhance the property value and amenities of the Candlwyck Way Homeowners Association , Common Area shall at all times be maintained in good repair and condition and shall be operated in accordance with high standards" . The Association shall be responsible for maintenance and operation of only the Common Area conveyed to it . • ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1 . Membership in Association. Until January 1 , 1985 , there shall be two (2) classes of Members , to-wit : Class A : Class A Members shall be the Owners of Lots or Units within the Project (including Declarant and Association if either or both shall own any Lots or Units) , and if the Owner of a Lot or Unit shall be mure than one (1) Person , all of such Persons , collectively , shall be the Class A Member with respect to such Lot or Unit ; and Class B : The Declarant shall , in addition to being a Class A Member as above provided , also be the Class B Member , subject , however , to all terms and provisions of this Article IV, Section 1 . -4- s' • After the occurrence of the event described above , the Members of the Association shall consist solely of Class A Members . Class A Membership shall be appurtenant to , and may not be separated from , record ownership of a Lot or Unit , and such Membership shall automatically transfer to the new Owner upon any sale , transfer , or other disposition of a Lot or Unit subject to the provisions hereof; provided, however, that if residential construction of any type has been completed on any Lot , then the Class A Membership voting privilege shall be determined by the number of Units. constructed on that Lot (s) and no Class A Membership shall exist for the Lot independently of the Unit . There shall not be more than one Class A Member for each Lot or Unit within the Project . Upon any transfer . sale , or other disposition of all or some of the fee interest in a Lot or Unit , the then Owner shall then automatically become the Class A Member with respect to such Lot or Unit . Transfer of any Membership except together with the Ownership of a Lot or Unit shalt, be null and void and of no effect and such transferee shall not be entitled to the benefits of being a Member , including, without limitation, the right to use and enjoy the Common Area . As long as there shall be a Class B Member of the Association as above provided, it shall be entitled to elect a majority of the Directors - the Board as provided in the Bylaws , and to control the operation and affairs of the Association . Section 2 . Voting. Each Class A Member shall be entitled to one (1) vote for each Lot or Unit as to which he is an Owner in accordance with and subject to the provisions of Article VI , Section 5 , and the Bylaws , except that no Class A Member shall have the right to vote until it shall deliver to the Secretary of the Association (i) a certified copy of the recorded deed or other recorded instrument establishing record title to his Lot or Unit , and (ii) if the Member shall be more than one (1) Person or a corporation , a written notice subscribed to by all of such Persons or by such corporation , as the case may be , designating one (1) of such Persons or an officer of such corporation as the Person entitled to cast the vote with respect to such Lot or Unit ; but all the other rights and all other obligations of the Owner of such Lot or Unit hereunder shall be unaffected including, without limitation , the right to. use the Common Area and their obligations to pay Assessments . Until the Members of the Association shall consist solely of the Class A Members as above provided , the Class B Member shall be en- titled to one (1) vote for each Lot or Unit within the Project . Section 3 . Notices . Unless a greater period shall be speci - fied in this Declaration , each Member and Institutional Mortgagee shall be entitled to at least fifteen (15) days ' notice of any meeting at which such Member has the right to vote (except shorter notice may be given in the event of an emergency) . Notices of meetings shall be in writing and shall state the date , time , and place of the meeting and may indicate each matter to be voted on at the meeting which is known to the Association at the time notice of the meeting is given . Any notice shall be deemed given and any budget or other information or material shall be deemed furnished or delivered to any Member when such party actually receives the same by any means or when the same is mailed , addressed "To the Owner" , at the address of such Owner , • or delivered , so addressed , to the Owner . • ARTICLE V ASSESSMENTS Section 1 . General . The n have the ower to levy Assessments against the Lots sand athe Units , and the Owners thereof , and each Owner , and , if more than one (1) Person , all such Persons , jointly and severally , by acceptance of the deed to a Lot -5 - • • or Unit , whether or not it shall be expressed in any such deed , shall be deemed to covenant and agree to pay all such Assessments in the manner and for the purposes provided herein . Subject to the provisions hereof , the Board shall have the power and authority to determine all matters in connection with Assessments , including the power and authority to determine where , when , and how Assessments shall be paid to the Association , and each Owner shall comply with such determination . Section 2 . Annual Assessments . Annual Assessments shall be made for the purposes of providing funds for the normal operations of the Association including , but not limited to , maintenance and repair of the Common Area , salaries , costs of operating the Association , insurance premiums for Common Area and Buildings thereon , management fees , office costs , and adequate reserve fund for maintenance , repairs , replacements of those elements of the Common Area that must be replaced on a periodic basis , amounts necessary to pay deficits or debts incurred by the Association , water and sewer rents and trash collection fees , real estate taxes and betterment or other special assessments on the Common Area , if any , and funds for any other purpose or purposes of the Association provided for herein except for capital improvements with a cost in excess of Two Thousand Five Hundred Dollars ($2 , 500 . 00) . The total amount of money required to be raised by Annual \ssessments for each fiscal year shall be the amount , as determined by the Board , necessary to satisfy the costs and expenses of fulfilling such functions and obligations of the Association in such fiscal year , including the payment of deficits from prior fiscal years , providing reasonable reserves , and providing a reasonable carry-over reserve for the following fiscal year . To determine the amount required to be raised by Annual Assessments for any fiscal year , the Board shall prepare an annual budget for such fiscal year showing, in reasonable detail , the various matters proposed to be covered by the budget , the estimated costs and expenses which will be payable , the estimated income and other funds which will be available in that fiscal year , and the estimated total amount of money required to be raised by Annual Assessment to cover such costs and expenses and to provide a reasonable reserve . The Bard of Directors shall furnish a copy of such budget to any Owner d , upon request , to any Mortgagee . Based on such budget , the Board of Directors shall determine the amount of the Annual Assessment per Lot or Unit for such fiscal period as provided in Section 6 of this Article V. Section 3. Supplementary Assessments. In the event that the Board shall determine , at any time or from time to time , that the amount of the Annual Assessments is not adequate to pay for the costs and expenses of fulfilling the Association ' s obligations hereunder , one or more Supplementary Assessments may be made for the purpose of providing the additional funds required. To determine the amount required to be raised by each Supplementary Assessment , the Board shall revise the annual budget for such fiscal year provided in Article V, Section 2 , or prepare a new budget , a copy of which shall be furnished to any Owner , or on request , to any Mortgagee . Based on such revised or new budget , the Board may make a Supplementary Assessment for such fiscal year against each Lot or Unit , the amount of which shall be determined by the Board as provided in Section 6 of this Article . Section 4 . Special Assessments . Special Assessments may be made for the purposes of raising funds for capital improvements and for any other Association purpose for which Annual Assessments may not or have not been made . Whether to make a Special Assessment and the amount thereof per Unit shall be determined by the Board ; provided that no Special Assessment shall be valid unless approved by a majority vote of the Members present and voting in person or by proxy at any annual meeting of the Members of the Association or at any special meeting thereof called for the purpose of considering such Special Assessment . - 6- • Section 5 . Assessments in Equal Amounts : Exceptions . All Supplementary and Special Assessments are to be allocated equally among the Owners of Lots r i Units within the Project . Section 6 . Time for Payments . The Annual Assessment for each Lot shall be payable , subject to Section 6 of this Article V, in four (4) equal quarterly installments due on the first day of each quarter , unless the Board shall adopt some other payment schedule . Special and Supplementary Assessments shall be payable as provided in the resolutions authorizing the same . All installments of Annual , Supplementary , and Special Assessments shall be due and payable without notice or demand , and all Assessments shall be paid without any setoff or diminution of any kind. Any Assessment or installment thereof or other amount payable pursuant to this Section or under the Bylaws which is not paid when due shall bear interest from the date due until paid at the maximum rate permitted by law or such lesser rate as the Board shall determine and/or may be subject to a late charge as may be set and uniformly applied by the Board. All payments on account shall be first applied to interest and late charges and then to the Assessment payment first due . Section 7 . Lien for Assessments and Other Amounts . The Association shall have a lien against each Lot and Unit and other Improvements thereon to secure payment of any Assessment or other amount due and owing to the Association with respect to that Lot or Unit plus interest and/or any late charges as provided in Section 6 of Article V, plus all costs and expenses of collecting the unpaid amount, including reasonable attorney 's fees : The lien may be foreclosed in any manner for foreclosure of mortgages in the State of Colorado . The obligations being part of the purchase price of each Lot or Unit , such lien shall be superior and paramount to any homestead or other exemption provided by law , and each Owner hereby specifically waives his homestead exemption , but only with respect to such lien. Section 8 . Liability of Owners , Purchasers and Mortgagees . The amount of any Assessment payable with respect to any Lot or Unit , together with all other sums and amounts referred to in Section 7 of this Article V, shall be a joint and several personal obligation to the Association of such Owner and binds Owner ' s heirs , personal representatives , successors , and assigns . Except as provided below in this Section 8 , each party becoming an Owner of a Lot or Unit shall be jointly and severally personally liable with the former Owner for all such sums and amounts which had • accrued and were payable at the time of the acquisition of fee simple title to the Lot or Unit by such party without prejudice to such party 's right to recover from the former Owner any of said sums and amounts paid . All such sums and amounts may be recovered by suit for a money judgment by the Association without foreclosing or waiving any lien securing the same . Notwithstanding the fore- going , Institutional Mortgagees of Lots or Units thereon foreclosed pursuant to any Mortgage the Owner of which is an Institutional Mortgagee shall not be liable for any such Assessment , unless accruing during the period when such Mortgagee or purchaser is the Owner of said Lot or Unit , and in addition , the lien for any such Assessments shall be junior to any lien or encumbrance on a Lot or Unit taken in good faith and for value perfected by recording in the Office of the Clerk and Recorder of Weld County , Colorado , prior to the time a notice of failure to pay any such amount is recorded in said office , describing the Lot or Unit and naming the Owner thereof. Section 9 . Estoppel Certificate . Upon payment of a reason- able fee and upon written request of any Owner , or First Mortgagee , or any person with any right , title or interest in a Lot or Unit or intending. to acquire any right , title , or interest in a Lot or Unit , the Association shall furnish a written statement setting forth the amount of any Assessments , if any , due or accrued and. - 7- !, then unpaid with respect to such Lot or Unit and the amount of the :�.SSE�51;1E^t_; ii72''t�:E` ,:'u 1'S C,`i t• _ _ _c: j _2crlu v'urr : I .1r J� 6c;lr.rdr`j73P.Zai3 '. 'Q:�.: +�ne. cam-• ( _ _ _ _ _ . r-- t�� ._.__ f= v—__— -__=_?7I.=t a'�2T� � Y:�:� :��l.a al• ��t� party to whom it` is issued , be conclusive against the Association , for all purposes , that no greater or other amounts were then due or accrued and unpaid . \: ksse'ssmenis s'hali be allow(' or claimed [dr any reason including , without limitation , from tl . making of repairs or improvements to the Common Area or from any action taken to comply with any law , ordinance , or order of a governmental authority . Section 11 . Rights of First Mortgagees to Pay Assessments , Etc . Any First Mortgagee of a Lot or Unit within the Project may jointly or severally pay any tax or other charge which is in default and which may have become a charge or a lien against any common property of the Association, and any First Mortgagee may jointly or severally pay any overdue premium on hazard insurance policies or secure new hazard insurance coverage on the lapse of any such policy on the common property of the Association , and any First Mortgagee (s) making such payments shall be entitled to immediate reimbursement therefor from the Candlwyck Way Homeowners Association . ARTICLE VI MAINTENANCE Section 1 . Powers of the Association Generally . In addition to the powers of assessment , collection and enforcement set forth in Article V, the Association may exercise any and all rights and powers set forth in the Articles of Incorporation or hereinafter enumerated , together with any and all additional rights and powers which are necessary , useful , or desirable in connection with the management and/or operation of the Project and the maintenance of the Project , or in connection with the enforcement and effectuation of any of the provisions of this Declaration , the Bylaws , or the Rules and Regulations adopted by the Board. Section 2 . Common Area and Maintenance . The Association shall provide and pay for the care , operation , management , and repair of the Common Area . Without limiting the generality of the foregoing , and by way of illustration without obligation, shall include the keeping of the Common Area in good, clean , attractive , and sanitary order and repair ; maintaining , renewing , and replacing all or any portion of the landscaping , gardens , and green areas within the Common Area ; removing snow , ice , and any other materials from any area which might impair access to the Project or to the Lots ; keeping the Project safe , attractive , and desirable ; making necessary or desirable alterations , additions , betterments , or improvements to or on the Common Area . Nothing herein shall be construed as waiving any right of the Association to recover for any damage or expense incurred by the Association as the result of the willful or negligent action or lack of action of any Person . Section 3. Labor and Service . The Association may obtain and pay for the services of a professional manager to manage the Project , as well as all such other personnel as the Association may determine necessary or desirable for the proper operation of the Project , whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts . The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Project or the enforcement of this Declaration. The Association shall not enter into any contract for the furnishing of services , material , or supplies , the term of which is in excess of one (1) year . Any such contract may be renewed from time to - 8 - time . Any contract for professional management of the Project shall permit either party to terminate such contract without cause upon not more than thirty (30) days ' written notice being provided and without the payment of a termination fee . Section 4 . Rules and Regulations . The Board may make and enforce reasonable and uniformly applied rules and regulations governing the use , occupancy , and maintenance of the Common Area and Improvements within the Project . Such rules and regulations may , without limitation , (i) regulate the use of the Common. Area to assure equitable use and enjoyment by all Persons entitled thereto ; (ii) assign particular portions of storage or other service area within the Common Area for exclusive use by particular Owners ; and (iii) restrict or limit th Owner ' s rights to use portions of the Common Area used by the Association for the conduct of the business and affairs of the Association . The Association shall furnish to each Owner and Mortgagee a copy of the Association ' s Rules and Regulations upon written request therefor and shall furnish a copy of all proposed changes in such Rules and Regulations prior to the adoption of such changes . A written copy of such Rules and Regulations shall be available for inspection by the Owners and Mortgagees at reasonable hours . The Association may suspend any Owner ' s voting rights in the Association during any period or periods that such Owner fails to comply with such Rules and Regulations or with any other obligations of such Owner under this Declaration or the Bylaws . Such Rules and Regulations shall be binding upon each and every Owner and the members of his family , his tenants , guests , employees , servants , invitees , and all other persons having access to any part of the Project . The Association may also take judicial action against any Owner to enforce compliance with such Rules and Regulations or other obligations or to obtain damage for non-compliance to the fullest extend permitted by law . Section 5 . Implied Rights . The Association shall have and may exercise any right or privilege granted to it expressly by this Declaration or Bylaws , or reasonably to be implied from this Decla- ration or Bylaws , or given or implied by law , or which may be desirable , necessary or useful to fulfill its duties , responsibilities , obligations , rights or privileges under this Declaration , the Bylaws , or Colorado Law . Section 6. Easement for Maintenance . Each Lot and the Common Area shall be subject to an easement in favor of the Associ- ation (including its agents , employees , and contractors) for providing maintenance as described in Sections 2 and 3 of this Article . Section 7 . Willful or Negligent Act. In the event that any maintenance , repair , or other work is required because of the willful or negligent action or lack of action of any Owner , his family , guests , tenants , or invitees , the Association may perform such work or cause the same to be performed at such Owner ' s cost and expense and may make an Extraordinary Assessment to recover payment thereof ; provided , except in the event of an emergency , such Owner shall be given ten (10) days ' prior notice within which to perform the required maintenance , repair , or other work . ARTICLE VII PARTY WALLS Section 1 . General Rules of Law to Apply. The term "Party Wall" as .used herein shall mean and refer to the entire wall , from front to rear , or a portion of which is used for support or fire wall protection between each adjoining Unit , situated or intended -9 - re-1 to be situated on the boundary line between adjoining Lots , and mutual reciprocal easements are hereby granted and established therefor. To the extent not inconsistent with the pro- visions of this Article VII the general rule of law regarding party walls and liability f property damage due to negligence or willful acts or omissions , shall apply to each Party Wall which is built as part of the original construction of the Units located on the Properties and any replacement thereof. In the event that any portion of any structure , originally constructed , including any Party Wall , shall protrude over an adjoining Lot or Unit , such structure shall not be deemed to be an encroachment upon the adjoining Unit or Lot . No Owner shall either maintain any action for the removal of a Party Wall or projection or any action for damage because of any such protrusion . In the event there is such a protrusion , it shall be deemed that said Owner has granted perpetual easements to the ' adjoining Owner for continuing maintenance and use of the projection or Party Wall . The foregoing shall also apply to any replacements of any Party Walls if same are constructed substantially in conformity with the original Party Wall constructed by the Declarant . Section 2 . Sharing of Repair and Maintenance . The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of the Lots and Units abutting such Wall . Section 3. Destruction by Fire or Other Casualty . If a Party Wall is destroyed or damaged by fire or other casualty, the Owners of Lots or Units abutting such wall shall jointly restore it , and they shall contribute equally to the cost of restoration thereof without prejudice , however , to the right of any such Owner to call for a larger contribution from the other under any rules of law regarding liability for negligent or willful acts or omissions . Section 4 . Damage and Repair . Notwithstanding any other provisions of this Article , an Owner who by his negligent or willful act causes the Party Wall to be damaged shall bear the whole cost of repairing such damage . The Owner causing such damage shall , within forty-eight (48) hours , commence to repair or reconstruct the damaged Party Wall to its original condition and shall diligently commence all such repairs and reconstruction . If such Owner shall fail to do so , then the other Owner of the Lot or Unit abutting such Wall may do so at the sole cost and expense of the Owner causing such damage . Section 5 . Right to Contribution Runs With Land . The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner ' s successors in title . Section 6 . Arbitration . In the event of any dispute or disagreement concerning a Party Wall , or under the provisions of this Article , such dispute or disagreement shall , at the request of any affected Owner , be arbitrated by the Board , or a committee thereof , and its determination shall be binding upon all parties . ARTICLE VIII USE AND OTHER RESTRICTIONS Section 1 . Restrictions Not Applicable to Declarant . Notwithstanding anything contained in this Article or the Declaration to the contrary , the restrictions in this Article VII shall not apply to Declarant . -10- l� I , • Section 2 Single-Family Residence . No Unit shall be used for any. other purpose other than as a single- family residence , and no business or commercial activity shall be carried on or within the Project . Section 3. Common Area Restriction . All use and occupancy of the Common Area shall be subject to and governed by the Rules and Regulations adopted by the Association . No damage or waste shall be committed to the Common Area or Improvements located thereon . No Owner shall change or alter an of the Common Area or any exterior portion of an Improvement of a Lot without the prior written consent of the Association which shall not be unreasonably withheld or delayed . • Section 4 . No •Imperiling of Insurance . Nothing shall be done or kept in or within the Project which might result in an increase in the premiums with respect to insurance obtained for all or any portion of the Project or which might cause cancellation of such insurance except with the prior written consent of the Associ- ation . Section 5 . No Violation of Law. Nothing shall be done or kept in or on any portion of the Project which would be in violation of any Statute , Rule , Ordinance , Regulations , Permit , or validly imposed requirement of any governmental body . Section 6 . Appearance . All parts of the Project shall be kept in a clean , safe , and attractive condition , and no rubbish or refuse , or garbage shall be allowed to accumulate . Section, 7 . Restrictions on Signs. No signs or advertising devices of any nature shall be erected or maintained on any part of the Project (including , without limitation, any Lot) without the prior written consent of the Association , except the Association and such other signs as the Association shall allow. Section 8 . Restrictions on Leasing. Entire Units (but not rooms within a Unit) may be rented provided the occupancy thereof is only by the Lessee and his family , servants , and temporary guests . No transient tenant may be accommodated . Any lease of a Unit thereon by an Owner shall provide that the terms of said lease shall be subject in all respects to the provisions of this Declaration , the Articles of Incorporation, Bylaws , and Rules and Regulations promulgated pursuant thereto and that any failure by the lessee to comply with all of the terms of such documents and of such Rules and Regulations shall be a default under the lease . All leases shall be in writing . The provisions of this Section shall not apply to rental agreements entered into by Institutional Mortgagees who come into possession of a Unit pursuant to any remedy available to that First Mortgagee or Institutional Mortgagee by virtue of holding of a mortgage instrument , deed of trust , or by virtue of any proceeding in lieu of foreclosure in which the Institutional Mortgagee or First Mortgagee participates . Section 9 . Rules and Regulations . Every Owner , his guests , members of his family , servants and employees shall strictly adhere to the Rules and Regulations adopted from time to time by the Association . Section 10 . Mineral Exploration . No portion of the Project including , without limitation , any area within a Lot shall be used to explore for or to remove any water , soil , hydrocarbons , or other minerals of any kind . Section 11 . Mechanic ' s Lien. No labor performed or materials furnished for use in connection with any Lot or Unit and other Improvements thereon with the consent or at the request of the Owner thereof (Contracting Owner) or his agent , contractor , or . -11 - • • subcontractor , shall create any right to file a statement or mechanic ' s lien against any interest in the Common Area . Each Owner shall indemnify , defend , and hold harmless the Association and each of the other Owners from and against liability arising from the claim of any lien it labor performed or for materials furnished at the request of Contracting Owner . At the written request of any Owner , the Association shall enforce such indemnity by either requesting the Owner to comply with the bonding pro- visions of the Colorado Mechanic ' s Lien Statutes or collecting from the Contracting Owner the amount necessary to discharge any such lien and all costs incidental thereto including attorney ' s fees and expenses . The Association may collect to same as an Extraordinary Assessment . Section 12 . Vehicle Parking. No campers , trailers , boats , or similar vehicles shall be parked in the Project except inside closed garages . Section 13. Animals Within Project. No animals shall be kept or harbored within the Project except that any Owner may keep a reasonable number of household pets , subject to the Rules and Regulations of the Association . Any such household pet shall be kept in the interior of any Unit except that if the pet is taken from the interior of any Unit , that pet must be kept at all times on a leash if the pet is within the Project , and any attempt to utilize an exterior runway or holding area for household pets will not be allowed. It shall be the obligation of each Owner owning a pet to control itiin accordance with the Rules and Regulations of the Association . Section 14 . Board to Determine Violations . Determinations with respect to whether an Owner shall have violated any of the provisions of this Declaration including the provisions of this Article VIII shall be made by the Board pursuant to Article XII , Section 4 , and shall be final , binding , and conclusive upon all parties . Section 15. Omission , Waiver or Abandonment of Certain Items . Unless at least two-thirds (2/3) of the First Mortgagees or Owners of Lots and Units within the Project give their prior written approval , the Homeowners Association shall not be entitled to by act or omission change , waive , or abandon any scheme of regulations , or enforcement thereof , pertaining to the maintenance of the Common Area as a whole . Section 16. Method of Determining Annual Assessments . Unless at least two-thirds (2/3) of the First Mortgagees or Owners of Lots and Units within the Project have given their prior written approval , the Association shall not be entitled to change the method of determining the obligations , assessments , dues , or other charges which may be levied against an Individual Unit Owner . ARTICLE IX INSURANCE Section 1 . Insurance . All insurance , other than title insurance , carried in connection with the Common Area , Lots , Units , Improvements , and Project shall be governed by the provisions of this Article IX. Section 2 . Insurance Requirements Generally. The Associ- ation shall obtain and maintain in full force and effect at all times certain casualty , liability , and other insurance as hereinafter provided . All such insurance shall be obtained , to the extent possible , from responsible companies duly authorized and licensed to do insurance business in the State of Colorado . -12 - To the extent possible , the casualty , property, and liability insurance shall : (i) provide for a waiver of subro- gation by the insurer as to claims against the Association , its directors , officers , employees , agents , and members ; (ii) provide that the insurance cannot be cancelled , invalidated , or suspended on account of the conduct of the Association , its officers , directors , employees , and agents ; and (iii) provide that the policy of insurance shall not be terminated , cancelled or substantially modified without at least thirty (30) days ' prior written notice to the Association . Any insurance policy may contain such deductible provisions as the Association deems consistent with good business practice and which shall be consistent with the requirements of any First Mortgagees . Any loss falling witlin the deductible portion of a policy shall be borne by the Association . The cost and expense of all insurance obtained by the Association shall be paid out of Association funds collected by Assessments and otherwise as elsewhere provided in this Declaration . Section 3 . Casualty Insurance . The Association or its agents shall obtain and maintain at all times insurance coverage providing All risk coverage or the nearest equivalent available for the full replacement cost of the general Common Area Improvements and personal property of the Association . The insurance shall be carried in blanket policy form naming the Association as the insured , shall identify each Unit Owner and the address of his Unit , shall provide a standard non-contributory mortgage clause in favor of each First Mortgagee , and shall provide that it cannot be cancelled by either the insured or t} insurance company until after at least thirty (30) days ' prior written notice is given to each Unit Owner and each First Mortgagee . The Association shall furnish a certified copy of such blanket policy and the certificate identifying the interest of the Mortgagor , to any party in interest upon request . All policies of insurance shall provide that the insurance covering the interest of a particular Unit Owner shall be invalidated or suspended only if such Unit Owner is guilty of a breach of warranty , act , omission , negligence , or non-compliance with any provisions of such policy , including non-payment of the insurance premium applicable to his interest , or if he permits or fails to prevent the happening. of any event , either before or after a loss which under the provisions of such policy would invalidate or suspend the entire policy , but the insurance under any such policy as to the interest of all other insured Unit Owners not guilty of any such act or omission , shall not be invalidated or suspended and shall remain in full force and effect . The insurance described in this paragraph shall be inflation coverage insurance , if such insurance is available , which insurance at all times represents one hundred percent (100%) of the replacement value of any and all facilities in the Common Area except land , foundation , excavation , and other items normally excluded hereof. The Association shall , at least every three (3) - years , obtain an appraisal for insurance purposes which shall be maintained as a permanent record showing that the insurance in any year represents one hundred percent (100%) of the replacement value of the facilities in the Common Area . Section 4 . Public Liability and Property Damage Insurance . The Association shall obtain and maintain comprehensive general liability insurance including non-owned and hired automobile liability coverage , owned automobile liability coverage (if there are any owned automobiles) , personal injury liability coverage covering liabilities of the Association , its officers , directors , employees , agents , and members arising in connection with ownership , operation , maintenance , occupancy , or use of the Common Area and any other area the Association is required to restore , repair , or maintain pursuant to this Declaration with bodily injury liability limits not less than five hundred thousand dollars ($500 ,000 . 00) for each - 13- eTh occurrence and property damage liability limits of not less than five hundred thousand dollars ($ 500 , 000 . 00) for each occurrence , and five hundred thousand dollars ($500 , 000 . 00) aggregate . Each policy shall include a "severability of interest" endorsement . Section S . Insurance by Owners . Each Owner shall be responsible for obtaining property , hazard , and liability • insurance for each Owner ' s Lot or Unit and all personal property and furnishings belonging to Owner and the Improvements thereon (except the parts thereof , if any , the Association is required to insure pursuant to this Article) , and , except as provided in Section 3 above , the Association shall not be responsible for providing any such insurance . Nothing terein shall be construed as requiring any Owner to obtain any insurance whatsoever as to his own Lot or Unit or personal property . Section 6. Notice Upon Loss . In the event that there shall be any damage or destruction to , or loss to the Common Areas which exceeds Ten Thousanr Dollars ($10 , 000 . 00) , then notice of such damage or loss shall e given by the Association to each First Mortgagee of said Unit within ten (10) days after the occurrence of such event . Section 7 . Other Insurance. The Association may obtain such additional insurance coverage against such additional risks as it shall determine to be appropriate . ARTICLE X EASEMENTS Section 1 . Owner ' s Rights in Lot Subject to the Provisions of this Declaration. Each Owner shall own his Lot or Unit in fee simple and have full and complete dominion thereof subject to the provisions of this Declaration . • Section 2 . Owner ' s Easement for Access , Support , and Utilities . Each Owner shall have a non-exclusive easement over the Common Area for access to his Lot or Unit , provided that access by vehicle shall be only across drives and ways provided for that purpose . Each Owner shall have a non-exclusive easement in and over adjacent Lots and Units for horizontal and lateral support of his Unit which is located on such Lot and over other Owner ' s Lots and Units as may be required for utility services , including water , sewer , gas , electricity , telephone , television , and other similar service . Section 3. Easements for Encroachments . If any part of the Common Area encroaches or shall hereinafter encroach upon a Lot , an easement for such encroachment (whether because of recon- struction or otherwise) shall exist in favor of the Association and the Owner of that Unit shall be subject to an easement for such encroachment and for the maintenance of the same by the Association . The encroachments referred to herein include , but are not limited to , encroachments caused by air in the original construction of any of the improvements , by settling , rising , or shifting of the earth , or by changes in the position caused by repair or reconstruction of the Project or any part thereof. Any overhang easement is granted to any Owner whose roof , eaves , gutters or similar items overhang the Lot of another Owner or the Common Area . Section 4 . Easements in Lots for Repair , Maintenance , and Emergencies . Some of the Common Area may be conveniently accessible only through a Lot , and in such event , the Association shall have an easement for access through each Lot from time to time during such reasonable hour's as may be necessary for maintenance , repair , or replacement of any of the Common Area accessible therefrom -14 - or from making emergency repairs therein necessary to prevent damage to the Common Area or to another Unit . To make reasonable repairs or improvements to a Unit conveniently or to reconstruct such Unit in the event of a casualty , it may be desirable to do so through another Owner ' s Lot or Unit , and all Owners hereby grant to all other Owners an easement for such purpose . If any damage shall be done to another ' s Lot or Unit or to the Common Area in exercising the rights granted in this Section 4 , such damage shall be restored by the Association or the Owner creating such damage . Section 5. Easements Deemed Appurtenant. The easements and rights herein created for an Owner shall be appurtenant to the Lot or Unit of that Owner and all conveyances of and other instru - ments affecting title to a Lot or Unit shall be deemed to grant and reserve the easements and rights as are provided for herein , even though no specific reference to such easements appears in any such conveyance . ARTICLE XI EXPANSION Section 1 . Reservation of Right to Expand. Declarant reserves the right from time to time to expand , to and until January 1 , 1985 , the Project to include any part or all of the Expansion Properties and any improvements now or hereafter located thereon ; provided , however , that Declarant may do so only if such improvements shall be of comparable style , quality , and size of improvements then included within the Project . Declarant shall have no obligation to include any or all of the Expansion Properties identified in Exhibit "C" within this Project , and any illustrated drawings or marketing perspectus indicating expansion of the Project is to be construed as an illustration of potential expansion by the Declarant only . Declarant expressly reserves the right to develop the Expansion Properties in any manner that the Declarant so desires without inclusion within this Project . Section 2 . Supplemental Declaration. Such expansion shall be accomplished by filing for recordation in Weld County no later than January 1 , 1985 , a supplement or supplements to this Decla- ration executed by Declarant containing (i) a legal description of the portion of Expansion Properties to be included within the Properties and added to the Project , and (ii) a statement that Declarant agrees that said portion of Expansion Properties and the Owners of all Lots therein shall be subject to all the restrictions , reservations , conditions , covenants , and agreements contained in this Declaration . Upon the filing of such supplement or supple - ments , as well as the real property described in Exhibit "A" here- to , shall be subject to the terms and provisions of this Declaration , and the definitions of Properties , Common Area , and Project shall automatically be deemed amended to conform to such supplement or supplements as shall all the other definitions herein , including the definitions of Lot , Owner , and Mortgage . All owners of Lots located within the expanded project shall be subject to all easements , restrictions , and reservations set forth in this Declaration. • ARTICLE XII TERMINATION AND AMENDMENT OF DECLARATION Section 1 . Termiiation. This Declaration shall continue in effect until and unle terminated as in this Section provided . This Declaration may be terminated at any time only upon the approval , in writing , of at least seventy-five percent (75%) of Association Members and one hundred percent (100%) of the Institu- tional Mortgagees . -15- I • • The termination of this Declaration shall be evidenced by a Certificate of Association executed by its President and Secretary certifying as to facts effecting the termination , which certificate shall become effective upon being recorded in the Public Records of Weld County , Colorado . This Section concerning termination may not be amended without consent of all Owners and of all Mortgagees required to approve termination of this Declaration , anything to the contrary notwithstanding . Section 2 . Amendments . This Declaration and the Bylaws of the Association may be amended as elsewhere provided in this Decla- ration and in the following manner : An amendment to this Declaration may be proposed by a majority of either the Board or the Members of the Association , and such amendment shall be considered at either the next Annual Meeting of the Association or at a Special Meeting called for such purpose . Notice of the subject matter of such amendment shall be included in the notice of such meeting . The Directors and Members not present at the meeting may 'express their approval in writing within a period of thirty (30) days from the date of such meeting. Any such amendment must be approved in writing by Declarant , if it shall own any Lots and by Members representing the Owners of an aggregate of not less than two -thirds (2/3) of the Lots and Units then included within the Project . Notwithstanding the foregoing provisions of this paragraph , until the First Annual Owners Meeting of Members as set forth in the Bylaws , this Declaration may be amended by action of Declarant or by all of the Directors of the Association . Nothing herein contained shall authorize any amendment without the prior written approval of seventy- five percent (75%) of the Institutional Mortgagees of record at the time of the proposed amendment . • A copy of each amendment shall be attached to a certificate certifying that the amendment was duly adopted , which certificate shall be executed by the officers of the Association with the formalities of a deed and shall be signed by seventy-five percent (75%) of the Institutional Mortgagees of record at the time the amendment is adopted . The amendment shall be effective when said certificate and a copy of such amendment are recorded in the Public Records of Weld County , Colorado . ARTICLE XIII MISCELLANEOUS Section 1 . Enforcement and Remedies . Each provision of this Declaration shall be enforceable by the Association or , subject to Section 4 of this Article XIII , any individual Owner by a pro - ceeding for a prohibitive or mandatory injunction or by a suit or action to recover damages . If court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration , the prevailing party shall be entitled to recover its costs and expenses in connection therewith , including reasonable attorney ' s fees . Section 2 . Protectiol of First Mortgagees or Institutional Mortgagees . No violation or reach of , or failure to comply with , any provision of this Declarucion , •and no action to enforce any such provision shall affect , defeat , render invalid , or impair the lien of any First Mortgagee or Institutional Mortgagee taken in good faith and for value and perfected by recording in the Office - 16- /a "-v.\ of the Clerk and Recorder of Weld County , prior to the time of recording in said Office of an instrument describing the Lot or Unit and listing the name or names of the Owner thereof and giving notice of such violation , breach or failure to comply ; nor shall such violation , breach , failure to comply , or action to enforce affect , defeat , render invalid or impair the title or interest of any purchaser upon foreclosure of any such Mortgage or delivery of deed in lieu thereof , result in any liability , personal or otherwise , of any First Mortgagee or Institutional Mortgagee except for Assess - ments coming due after the date of such foreclosure or delivery after the date such First Mortgagee or Institutional Mortgagee receives a deed to the Lot or Unit . Any such purchaser on fore- closure or person accepting a deed in lieu thereof shall , however , take subject to this Declaration ; provided , however , that violations , or breach of , or failure to comply with any provision of this Declaration which occurred prior to the vesting of fee simple title in such purchaser shall not be deemed breaches or violations hereof or failures to comply herewith with respect to such purchaser , or person , or his heirs , personal representatives , successors , or assigns . Nothing contained in this Declaration , the Articles of Incorporation , or the Bylaws shall entitle any Owner or any other party to priority over any First Mortgagee or Institutional Mortgagee with respect to any distribution to such Owner of the proceeds of any condemnation or insurance , award , or settlement . Section 3. Limited Liability ; Indemnification . Neither Declarant , the Association , the Board , nor any Officer , agent or employee of any of the same shall be liable to the Association or any Owner for any action or for any failure to act with respect to any matter , so long as such person or entity was not guilty of fraud or misconduct in taking such action or failing to act . The Association shall indemnify Declarant , each Member of the Board , any employee or agent of Declarant or the Association against any loss or threat of loss as a result of any claim or, legal proceeding relating to the performance or nonper - formance of any act concerning the activities of the Association to the fullest extent allowed by law . The indemnification authorized by this Article XIII , Section 3 , shall include payment of (i) reasonable attorney ' s fees or other expenses incurred in settling any action or proceeding , or threatened action or proceeding , or incurred in any finally adjudi- cated legal action or proceeding , and (ii) expenses incurred in the removal of any liens affecting, any property of the indemnitee . Indemnification shall be made from assets of the Association , and no Owner shall be personally liable for any indemnitee . This Section shall inure to the benefit of the Declarant , the Association , the Members of the Board , the employees and agents of the Declarant , and the Association , and their respective • heirs , executors , administrators , successors , and assigns . Section 4 . Complaints ; Procedures. All unresolved disputes and disagreements regarding the interpretation or application of this Declaration and the Bylaws shall be determined by the Board . Any Owner nay submit such dispute or disagreement in writing to the Board which it , or a committee thereof , shall act on at its first meeting following the expiration of ten (10) days after the receipt of such complaint , provided no action shall )e taken against any Owner without affording him a reasonable opportunity to be heard . The Board may also make interpretations of the Declaration and the Bylaws and the determinatio of and interpretations by the Board shall in all instances be f_ ;sal , binding , and conclusive . Section S . Successors and Assigns . This Declaration shall be binding upon and shall inure to the benefits of the Association and each Owner , and the heirs , personal representatives , successors , and assigns of each of them . - 17 - 4. Section 6 . Additional Protection for Institutional Mortgagees. Unless at least two -,thirds (2/3) of the Institutional Mortgagees and two -thirds (2/3) of the Owners of the Units in the Association have given t) ir prior written approval , the Association shall not be entitled to : (a) by act or omission , seek to abandon , parti - tion , subdivide , encumber , sell , or transfer the common property owned , directly or indirectly , by such Association , it being under- stood that the granting of easements for public utilities or for other public purposes consistent with the intended use of the common property shall not be deemed a transfer within the meaning of this subparagraph (a) ; (b) change the method of determining the obliga- tions., assessments , due , or other charges which may be levied against a Unit Owner or the Common Area ; (c) by act or omission, change , waive , or abandon any scheme of regulations , or enforcement thereof , pertaining to the architectural design or the exterior appearance of the Units , exterior maintenance of the Units , the maintenance of the common property ; (d) fail to maintain fire and extended coverage on the common proeprty or any improvements located thereon on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement costs) ; (e) use hazard insurance proceeds for losses to any improvements on the common property for other than the repair , replacement , or reconstruction of such improvements on the common property . Section 7. Severability. Invalidity or enforceability of any provision of this Declaration in' whole or in part shall not affect the validity of any other part or other provision of this Declaration . Section 8 . Captions . The captions and headings in this instrument are for convenience only and shall not be considered in construing any provision of this Declaration . Section 9. No Waiver. Failure to enforce any provisions of this Declaration shall not operate as a waiver of any such provision or of - any other provision of this Declaration . ARTICLE XIV CONDEMNATION Section 1 . Condemnation. If at any time or times all or any part of the Common Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions of this Article shall apply : (a) Proceeds . All compensation , damages , or other proceeds therefrom , the sum of which is hereafter called the "Condemnation Award" , shall be payable to the Association . (b) Complete Taking. (1 ) In the event that the Common Areas are taken or condemned , or sold , or -otherwise disposed of in lieu of or in avoidance thereof , the Condemnation Award shall be apportioned - 18- equally among the Owners ; provided , however , that if a standard different from the value of the property as a whole is employed as the measure of the Condemnation Award in the negotiation , judicial decree , or otherwise , then in determining such shares , the same standard shall be employed to the extent it is relevant and applicable . (2) On the basis of the principle set forth in the last preceding paragraph , the Association shall , as soon as practicable , determine the share of the Condemnation Award to which each Owner is entitled . Such shares shall be paid into separate accounts and disbursed as soon as practicable in the following manner :. from each separate account , the Association , as attorney - in-fact , shall use and disburse the total amount of each of such accounts , without contribution from one account to another , in the following order : (i) for the payment of the balance of the lien of a First Mortgage of any Lot or Unit Owner ; (ii) for payment of taxes and special .sressment liens in favor of any assessing entity ; (iii) for payment of unpaid Association acses'sments ; (iv) for payment of junior liens and encumbrances in the order of and to the extent of their priority ; and (v) the balance remaining , if any, shall be paid to t Lot or Unit Owner . (c) Partial Taking. In the event that less than the entire Common Area is taken or condemned , sold , or other- wise disposed of in lieu of or in avoidance thereof, each Owner shall be entitled to a share in the Condemnation Award to be determined in the following manner : As soon as practicable , the Association shall reasonably and in good faith , allocate the Condemnation Award between compensation, damages , or other proceeds and shall apportion in amounts so allocated among the Owners : (i) the total amount allocated to the taking of or injury to the Common Area shall be apportioned equally among the Owners ; (ii) the total amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Association determines to be equitable in the circumstances . If the allocation of the Condemnation Award is already established in negotiations , judicial decree , or otherwise , then in allocating the Condemnation Award the Association shall employ such allocation to the extent it is relevant and applicable . Distribution of apportioned proceeds shall be disbursed as soon as practicable in the same manner set forth above . (d) Notification of Mortgagees . Within ten (10) days after the occurrence of such event , the Association shall notify each First Mortgagee and Institutional Mortgagee of any Lot or Unit of the commencement of the condemnation proceedings and shall notify said Mortgagees , in the event of the taking of all or any part of the Common Area , if the value of the Common Area taken • exceeds Ten Thousand Dollars ($10 , 000 . 00) . IN WITNESS WHEREOF , Declarant has executed this Declaration as of the day and year first above written : DECLARANT : • -19- p"\ RECORDING DATA - MAPS & PL" First Replat of Carriage Estates First & Third Filings NAME OF SUBDIVISION __._ Sierra Investments, James R. Klug, Joan M. Klug NAME OF SUBDIVIDER _ Being a Vac & Rplt of L8 & 9, B4,Carriage Estates 1st Flg and Vac LOCATION OF SUBDIVISION & Rplt L6 B3 Carriage Estates 1st Flg and L44 B1 Carriage Estates, 3rd-Fig, Weld eouuLy, Culutada . --"—'— DATE OF RECORDING SEP 5 MO BOOK 913RECEPTION N 1835146 MARY ANN FEUERSTEIN MELD CO N�K AND RECORDER BY : 6% }eGa/) DEPUTY COUNTY CLERK & RECORDER File contains oversized map Please see original file Hello