HomeMy WebLinkAbout961609.tiff MAJOR SUBDIVISION PRELIMINARY PLAN
-for-
Buffalo Ridge Estates
Approximately 3/4 miles south of Weld County Road 12 and
approximately 3/4 miles west of Weld County Road 37
PREPARED BY:
Martin Brothers Partnership
147 S. Denver Avenue
Ft. Lupton, CO 80621
(303) 857-4800
May 10, 1996
961609
MAJOR SUBDIVISION PRELIMINARY PLAN APPLICATION REQUIREMENTS
1. Completed application form attached.
2. Title Commitment- Security Title
3. Tax Certificate attached.
4. Buffalo Ridge Estates will consist of fifty-two lots approximately three acres in size.
Single family stick-built or modular homes of twelve hundred square feet or larger with
associated out buildings will be allowed.
5. Re: Reply to comments of Department of Planning Services as per letter dated February
7, 1996, from Gloria Dunn, Current Planner.
(1) Martin Brothers Partnership will build the two proposed bridges to Weld County
and Farmers Reservoir and Irrigation requirements.
Bridge drawings will be submitted as part of the subdivision Final Plat Plan.
Streets: Refer to Plat Plan. Martin Brothers Partnership is willing to enter into a
satisfactory road maintenance agreement. Drainage report attached.
(2) Water concerns of Fort Lupton Planning Commission -Report from WRC
Engineering attached.
(3) The Martin Brothers Partnership has met with Robert Gomez, Superintendent of
the Weld RE-8 School District, to discuss the impact of the Subdivision, and talks
are on going.
(4) The Partnership will contact the Army Corps of Engineers if necessary, however,
there are no wetlands at this location.
(5) The State Division of Water Resources will review the water system plans after
the subdivision preliminary plan process.
(6) The Colorado Division of Wildlife has stated the proposed Subdivision would have
no significant impact on the local wildlife population.
(7) The Fort Lupton Fire Protection District has approved the plans for the proposed
subdivision.
(8) The Weld County Health Department has no conflicts with the proposed
subdivision.
961609
(9) The Martin Brothers Partnership and the Farmers Reservoir and Irrigation
Company will enter into a Boundary Agreement when the proposed bridge
designs have been approved by both Weld County and FRICO. (Letter Attached)
(10) The proposed open space will be included in Phase 1. The open space will retain
its natural ground cover, and be used for horse riding.
(11) Natural ground cover will be required by covenants on all undeveloped portions of
each lot.
(12) Easements are shown on the plat.
6. Fifty-two lots proposed.
7. The streets within the subdivision will be gravel two lane streets. The lane width will be
11' wide with 4' shoulders. The right-of-way will be 60'. Refer to the Preliminary Plat
Plan.
8. Open space will be owned and maintained by the Homeowners Association. Open space
will be required to have adequate ground cover. The developer will maintain the open
space until the Homeowners Association takes over majority control.
9. See attached WRC Engineering, Inc. water supply resource report.
10. See attached WRC Engineering, Inc. water supply resource report.
11. The sewer system will be individual septic systems constructed to State and County
standards by the homeowners.
12. Financing will be by Martin Brothers Partnership. Each phase will be completed prior to
issuance of building permits by the County. Cost estimate per phase: $130,000.00.
6.2.3.9.1 Streets and related facilities: 50,000.00
6.2.3.9.2 Water distribution systems. 69,000.00
6.2.3.9.3 Storm drainage facilities. 8,000.00
6.2.3.9.4 Other utilities./On a Sp ace 3,000.00
13. Public utilities providers located within five hundred feet of the proposed subdivision.
a. United Power
b. U.S. West
14. Geologic report attached.
15. Restrictions to be imposed on land, buildings and structures within the proposed
subdivision. See attached.
961609
16. Certified list of property owners within five hundred feet of proposed subdivision. See
attached.
17. There are no existing mineral leases.
18. Certified list of mineral owners within five hundred feet of proposed subdivision. See
attached.
19. Drainage report. See attached.
20. The proposed subdivision is located within the Weld County Urban Growth Boundary.
21. The proposed subdivision is in compliance with the Weld County Comprehensive Plan.
22. The proposed water system is sufficient in terms of quantity, dependability, and quality to
provide water for the subdivision, including fire protection.
23. No public sewage system is proposed.
24. The proposed interior street system is adequate in functional classification, width and
structural capacity to meet the traffic needs of the subdivision.
25. After a traffic count has been taken at Road 35 & 52 Martin Brothers will build Road 35
from W.C.R. 12 to Eagle Street using road base and gravel with Phase#1. Martin
Brothers will participate with Weld County to oil W.C.R. #35 from Colorado Hwy. 52 to
Eagle Street on a pro rata basis. Weld County to take a traffic count at the entrance of
Road 35 at Colorado Hwy. 52 after 35 has been oiled to determine Buffalo Ridge usage
and participation.
Martin Brothers will build road 10 from the open ditch to Meadow Lark Road with road
base and gravel Phase #6. Martin Brothers will participate with Weld County to oil Road
10 from W.C.R. 37 to Meadow Lark Road on a pro rata basis. Weld County to take a
traffic count on the entrance of Road 10 at W.C.R. 37 Phase#6. The traffic count for the
subdivision should be 6 trips daily per household. Assuming 2/3 of the traffic uses Road
35 and 1/3 uses Road 10. The schools and nearest market is in Ft. Lupton, however,
some people work in Denver and will use Road 37 to I-76.
Martin Brothers will agree to this arrangement if the cost does not become prohibitive.
26. The drainage and storm water management are addressed in the attached drainage report.
27. The proposed subdivision will not cause an unreasonable burden on the ability of local
governments or districts to provide fire and police protection, hospital, solid waste
disposal and other services.
9616a9
28. The proposed subdivision will not cause air pollution violations based upon Colorado
Department of Public Heath and Environment.
29. The subdivision conforms to subdivision design standards of Section 10 of the Weld
County Subdivision Ordinance.
30. The proposed subdivision will not have an undue adverse effect on Wildlife and its habitat,
the preservation of agricultural land, and historical sites.
961609
„)111114--t_
Weld County Planning Dept.
Department of Planning Services, 1400 N. 17th Avenue, Greeley, ColorMAY806411996
Phone: (970) 353-6100, Ext. 3540 Fax (970) 352-6312
MAJOR SUBDIVISION PRELIMINARY PLAN APPLIRIC EUVE
For Planning Department Use Only: Application Fee 3 i 5 (LI) uL•rS 1(bL), fi , .
Case Number Receipt Number
Zoning District Application Checked By
Date Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures)
I (we), the undersigned hereby request the Department of Planning Services to review a minor subdivision sketch
plan on the following described unincorporated area of Weld County.
LEGAL DESCRIPTION:
(If additional space is required, attach an additional sheet).
NAME OF PROPOSED MINOR SUBDIVISION Buffalo Ridge Estates
EXISTING ZONING E- Estate PROPOSED ZONING same
TOTAL AREA (ACRES) 1 95 + or - NUMBER OF PROPOSED LOTS 52
LOT SIZE AVERAGE 3 acres MINIMUM 3 acres
OVERLAY DISTRICTS none
UTILITIES: Water: Name Public - Community •
Sewer: Name None - Individual Septic
Gas: Name None - Individual Propane
Electric: Name United Power
Phone: Name U.S. West
DISTRICTS: School: Name Ft. Lupton
Fire: Name Ft. Lupton
PROPERTY OWNERS OF MAJOR SUBDIVISION PRELIMINARY PLAN AREA
Name John T. Martin Phone 303-857-4800
Address 147 Denver Avenue, Ft. Lupton, CO 80621 Name James I. Martin Phone 417-426-5373
Address RR 2 P,O, Box 30 , Eldriqe, MO 65463
APPLICANT OR AUTHORIZED AGENT(if different than above).
Name Phone
Address
nature: Owner or Authorized Agent
Revised: 1-22-96
23
961629
PE ,
Report Date: 05/14/96 02:50PM WELD COUNTY TREASURER Page: 1
CERTIFICATE OF TAXES DUE CERT#:3448
_. ORDER NO: SCHEDULE NO: R0160588
VENDOR NO: ASSESSED TO:
CHILDS &CO MARTIN BROS
147 S DENVER AV
FT LUPTON, CO 80621
LEGAL DESCRIPTION:
15871 S2NW4/SW4 12 1 66 EXC
SW4NW4&EXC MARTIN BROS PUD EXC
ALL RESERVATIONS MADE BY LENA M
GARNETT IN SE4NE4 ONLY(2.31D)
PARCEL: 147112000057 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
TOTAL TAXES 0.00
TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
TOTAL ASMT 0.00
TAX YEAR TAX LIEN# TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE
TOTAL CERT 0.00
GRAND TOTAL DUE GOOD THROUGH 05/14/96 0.00
ORIGINAL TAX BILLING FOR 1995
Authority Mill Levy Amount
WELD COUNTY 22.038 20.26
SCHOOL DIST RE8 36.787 33.85
CCW WATER 1.071 0.99
FORT LUPTON FIRE 5.045 4.64
AIMS JUNIOR COL 6.318 5.82
WELD LIBRARY 1.500 1.38
•
72.759 66.94
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE(TLS)AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-SEPTEMBER 1,
REAL PROPERTY-OCTOBER I. TLS REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes,
transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments of
mobile homes,unless specifically mentioned.
I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and
all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the
amount required for redemption are as noted herein.In witness whereof,I have here set my hand is 0 /96.
TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY �J\ 1�_)
•
961609
Form No.1342(CO-87)
MNIIMNINIuimuiNINYMININNINNINNINNINNNINNNINNNIIIIINNNNNNINNNINNINNINNNNNNMNNINIIININIININNNNNN •%I// II
(SECURITes
TITLE
a I
° SECURITY TITLE GUARANTY COMPANY
INFORMATION
v�, IIIINNIUIINIINNNINNINININIIIIIININNNIIIINMNININININMIIIINIIMIMNNNIIINIINIIIININNNNIIINNIMIINININIMIINININN •\�,��
The Title Insurance Commitment is a legal contract between you and the company.It is issued
to show the basis on which we will issue a Title Insurance Policy to you.The Policy will insure you
against certain risks to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date.Any changes in the
land title or the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
Page
AGREEMENT TO ISSUE POLICY 1
SCHEDULE A
1. Commitment Date 2
2. Policies to be Issued, Amounts and Proposed Insureds 2
3. Interest in the Land and Owner 2
4. Description of the Land 2
SCHEDULE 8-1 — Requirements 3
SCHEDULE B-2 — Exceptions 4
CONDITIONS other side 1
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment,please contact the issuing office. 9616'99
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument.
(b) "Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B-Section 2 maybe amended to show any defects, liens or encumbrances
that appear for the first time in public records or are created or attached between the Commitment Date
and the date on which all of the Requirements of Schedule B-Section 1 are met.We shall have no liability
to you because of this amendment.
3. EXISTING DEFECTS
If any defects,liens orencumbrances existing at Commitment Date are not shown in Schedule B,we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum-
brances,we shall be liable to you according to Paragraph 4 below unless you knew of this information and
did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment,when you have met its
Requirements.If we haveany liabilityto you forany loss you incurbecause of an error in thisCommitment,
our liability will be limited to your actual loss caused by your relying on this Commitment when you acted
in good faith to:
comply with the Requirements shown in Schedule B- Section 1
or
eliminate with our written consent any Exceptions shown in Schedule B- Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim,whether or not based on negligence,which you may have against us concerning the title to the
land must be based on this Commitment and is subject to its terms.
Form No.1343(CO-87(
ALTA Plain Language Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
SECURITY TITLE GUARANTY COMPANY
agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENT TO ISSUE POLICY
FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the
Company,through its agent,Security Title Guaranty Company,referred to in this Agreement as the Agent,
agrees to issue a policy to you according to the terms of this Commitment. When we show the policy
amount and your name as the proposed insured in Schedule A,this Commitment becomes effective as of
the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment date,our obligation under this Commitment will end.Also our obligation under this Commit-
ment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions on the other side of this page 1.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
Security Title Guaranty Co.
1100 TENTH STREET• SUITE 302
GREELEY, CO 80631
(970) 356-3200 • FAX(970) 356-4912
First American Title Insurance Company
BY yd.,
� PRESIDENT @a\ALElNs,9y,�+p
,,, t
ER 0
BY /' / ,f7 j SECRETARY t u; SFPTE9G8
(� i tg
ttPt `r • -
4.t••�er
S
BYne#-
COUNTERSIGNED
9616" 9
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument.
(b) "Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B-Section 2 may be amended to show any defects,liens or encumbrances
that appear for the first time in public records or are created or attached between the Commitment Date
and the date on which all of the Requirements of Schedule B-Section 1 are met.We shall have no liability
to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we
may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment
when you acted in good faith to:
comply with the Requirements shown in Schedule B - Section 1
or
eliminate with our written consent any Exceptions shown in Schedule B - Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and
our liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to
the land must be based on this Commitment and is subject to its terms.
File# LIOI9898A96
SECURITY TITLE GUARANTY COMPANY
1100 10th St.,#302,Greeley,CO 80631, (970) 356-3200
COMMITMENT
SCHEDULE A
Commitment No: UO19898A96-2
1. Commitment Date: April 29, 1996 at 8: 00 A.M.
2. Policy or Policies to be issued: Policy Amount
(a) Owners Policy - Proposed Insured: $ TBD
To Be Determined
3. Fee Simple interest in the land described in this Commitment is owned, at the
Commitment Date by:
Martin Brothers, a partnership
4. The land referred to in this Commitment is described as follows:
The South One-Half of the Northwest One-Quarter and the Southwest One-Quarter
of Section 12, Township 1 North, Range 66 West of the 6th P.M. , Weld County,
Colorado, Except: The Southwest One-Quarter of said Section 12, and Except
Martin Brothers Planned Unit Development Amended,
County of Weld,
State of , Colorado.
(for informational purposes only) Vacant Land
PREMIUM:
Owner's Policy $ 230 . 00
05/08/96 15:22 : 04 jp mm2992
961639
05/08/96 15:22 : 06 jp mm2992 Fue# o01os9SAoe
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the
legal documents resulting from the transaction, the Company shall be responsible for
all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien
coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction,
improvements or repair in the last six months prior to the date of this commitment
the requirements will be payment of the appropriate premium and the completion of an
Affidavit and Indemnity by the seller.
If the property being purchased was constructed, improved or repaired within six
months prior to the date of this commitment the requirements may involve disclosure
of certain financial information, payment of premiums, and indemnity, among others.
The general requirements stated above are subject to the revision and approval
of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S. )
The subject land may be located in a special taxing district; a certificate of taxes
due listing each taxing jurisdiction shall be obtained from the county treasurer or
the county treasurer's authorized agent; and information regarding special districts
and the boundaries of such districts may be obtained from the board of county
commissioners, the county clerk and recorder, or the county assessor.
961609
05/08/96 15:22 : 08 jp mm2992 FIe# MI O98A96
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 1
order No. UO19898A96-2
Requirements
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be
insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Obtain a certificate of taxes due from the county treasurer or the county
treasurer's authorized agent.
(d) The following documents satisfactory to us must be signed, delivered and
recorded:
1 . Warranty Deed sufficient to convey the fee simple estate or interest in the
land described or referred to herein, to the Proposed Insured, Schedule A,
Item 2A.
2 . This Commitment is subject to such further Exceptions and/or Requirements as
may appear necessary when the name of the (Proposed Insured, Schedule A, Item
2A) has been disclosed.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100, 000 . 00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S.
39-22-604. 5 (NONRESIDENT WITHHOLDING) .
961609
05/08/96 15:22 : 10 jp mm2992 Hie* uol9s98A9e
Form No. 1344-B2 (C0-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 2
Order No. UO19898A96-2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of
to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2 . Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of the land or by making inquiry
of persons in possession thereof.
3 . Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and
any facts which a correct survey and inspection of the land would disclose, and
which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
1 . Right of way for county roads 30 feet on either side of Section and Township
lines, as established by the Board of County Commissioners for Weld County,
recorded October 14, 1889 in Book 86 at Page 273 .
8. The right of proprietor of a vein or lode to extract or remove his ore should
the same be found to penetrate or intersect the premises thereby granted as
reserved in United States patent recorded October 15, 1909 in Book 132 at Page
256; and any and all assignments thereof or interest therein.
9 . An easement for pipe line and incidental purposes granted to Panhandle Eastern
Pipe Line Company by the instrument recorded April 7, 1980 in Book 900 at
Reception No. 1821571.
10 . An easement for pipelines and incidental purposes granted to Coors Energy
Company, a Colorado corporation by the instrument recorded July 29, 1981, in
Book 943 Reception No. 1864833 .
11. An easement for pipelines and incidental purposes granted to Coors Energy
Company, a Colorado corporation by the instrument recorded February 19, 1982
in Book 964 at Reception No. 1883554.
12 . An easement for pipelines and incidental purposes granted to Coors Energy
Company, a Colorado corporation by the instrument recorded December 16, 1983
in Book 1015 at Reception No. 1950343 .
_ . An Oil and Gas Lease, from H. C. Garnett and Erna A. Garnett d/b/a H.C.
--Continued
961609
05/08/96 15:22 : 11 jp mm2992 File# UO19898A96
Form No. 1344-B2 (CO-88)
ALTA Plain Language Commitment
Schedule B - Section 2 continued
Order No. UO19898A96-2
Garnett Investment Company, a Colorado Corporation as Lessor(s) to
Transcontinent Oil Company as Lessee(s) dated October 14, 1992, recorded
December 28, 1992 in Book 1364 at Reception No. 2315864, and any and all
assignments thereof or interests therein.
14. An Oil and Gas Lease, from Weld County, Colorado as Lessor(s) to
Transcontinent Oil Company as Lessee(s) dated November 18, 1992, recorded
December 3, 1992 in Book 1361 at Reception No. 2313199 and February 11, 1993
in Book 1370 at Reception No. 2321556, and any and all assignments thereof or
interests therein.
9616'19
WPC ENGINEERING, �wc. 111
May 10, 1996
Mr. Bill Childs
915 Denver Avenue
Fort Lupton, Colorado 80621
WRC File: 1862/4
RE: Water Supply Resource Report for
Buffalo Ridge Estates Subdivision
Dear Mr. Childs:
This letter report is written to document the water availability and water demands for the Buffalo
Ridge Estates Subdivision. The analysis, discussion and conclusion are as follows:
A. PROPOSED SUBDIVISION
The proposed subdivision is located in the SW1/a and the SE I4 of the NW'/a of Section 12,
Township 1 N, Range 66 West of the 6th Principal Meridian Weld County, Colorado (See Figure -1). This
195-acre subdivision is proposed to consist of 52 single family residential sites and one lot for common open
space use. Restrictions are proposed which would limit the outside irrigated area of any single residential site
to 5,000 square-feet(se. No irrigation will be allowed on the open space lot. The anticipated fully developed
population of this subdivision is 182 people at an average density of 3.5 people per single family residence.
B. WATER DEMANDS
In-house water demands are estimated to be 80 gallons per capita per day (gpcd) for 182
people or 14,560 gpd. This results in an average in-house water demand of 16.3 AF/YR. The average annual
outside use water demands are estimated to be 4.0 acre feet/acre(AF/AC). Based upon 5,000 sf(0.115 acres)
lawn per lot and 52 lots, the total irrigation area is 5.97 acres. This results in a total annual outside use water
demand of 23.9 AF/YR. Therefore, the total annual water demand for this subdivision is 40.2 AF/YR.
The peak water demands are expected to occur during the summer months due to outside irrigation.
We estimate that the peak day water demand per lot will be 3.5 times the average summer day water demand
of 0.6 gpm or 2.1 gpm. This peak day demand will need to be met from the water supply source. Peak hour
demands per lot are expected to be 2.8 times the peak day demand or 5.9 gpm. The peak hour demands are
proposed to be met from on-site treated water storage tanks.
Fire flow demands are proposed to be met through individual residential sprinkler systems. This
requires a minimum of 31 gpm for 10 minutes for a single family residence (National Fire Protection
Association Standard 13D). For sizing of the distribution pumps and storage tanks, the total demand during
a fire is based upon peak day usage plus fire flow for a single lot. For eight lots on one system, the total
3 EXHIBIT
CONSULTING ENGINEERS a1 Al_ I /4(9a
950 SOUTH CHERRY STREET • SUITE 404 • DENVER, COLORADO 80222 • (303) 757-8513 • FA
Mr. Bill Childs
May 10, 1996
WRC File: 1862/4
Page 2
demand would be 48 gpm (2.1 gpm x 8 lots maximum + 31 gpm). The distribution pumps will actually be
sized to meet a 60 gpm maximum demand. Each lot will be limited to allow only a maximum of 10 gpm on
a single irrigation sprinkler system zone.
C. WATER SUPPLY AVAILABILITY
It is proposed that water from the Laramie-Fox Hills formation will be used to supply water
to this subdivision. For this 195 acre property, the bottom of the Laramie-Fox Hills formation is located from
800 to 1,100 feet below the ground surface and is considered to be non-tributary. Therefore, under Senate
Bill 5 rules, 2% of the water withdrawn from this aquifer must be returned to the surface/alluvial water
system. Since septic systems are proposed for wastewater disposal and outside irrigation is used, the 2%
return requirement will be met.
Based on published information, the Laramie-Fox Hills formation under the subject 195 acre
property exhibits the following characteristics (per the Denver Basin Rules):
Average Ground Surface Elevation = 5,075
Average Formation Top Elevation = 4,275
Average Formation Bottom Elevation = 3,975
Average Saturated Sand Thickness (ft) = 160
Average Specific Yield = 15%
Therefore, the estimated total amount of water available for this property based upon a 100-
year aquifer life is 46.8 AF/YR. This amount of water is sufficient to meet the 40.2 AF annual water
demands of the subdivision based upon a 100-year supply requirement.
The proposed subdivision is proposed to be supplied water from the Laramie-Fox Hills
formation through seven wells drilled to the bottom of the formation. Based upon water the water demand
requirements, each well would need to be able to pump at a peak rate of 17 gpm. The subject wells should
be screened, graveled packed, and developed properly in order to reduce the movement of formation particles
into the well.
A review of well driller reports from Laramie-Fox Hills wells drilled in the immediate
vicinity of this property indicates average yields from 9 gpm to 30 gpm with an average of about 15 gpm.
Based on these yields, seven wells should be able to supply the required Laramie-Fox Hills water at the
required demand rates. Additional wells may need to be drilled in the event the yields are lower than the
figures shown above.
D. WATER QUALITY
In general, the quality of water in the Laramie-Fox Hills aquifer is fair to good for domestic
uses. Predominantly, the Laramie-Fox Hills aquifer produces soft, slight to moderately mineralized water.
The quality of water varies throughout the aquifer with localized areas with high concentrations of iron,
fluoride, sodium, and bicarbonate. Based upon review of available water quality data from Laramie-Fox Hills
wells, it appears that the quality of water for this subdivision will meet the Colorado Department of Public
Health and Environment's requirements for a public water supply system. We believe that the anticipated
961609
Mr. Bill Childs
May 10, 1996
WRC File: 1862/4
Page 3
level of fluoride will be above the non-enforceable secondary contaminate level of 2.0 mg/1 and thus will
require notification of such to potential home buyers. Residents in the project vicinity, tapping the Laramie-
Fox Hills, have experienced the presence of dart material in their water supply. We believe that this material
can largely be attributed to improper completion and development of the subject wells.
Provisions will be taken during the wells design and construction to minimize the amount of
formation material which can filter through into the domestic supply system. This will include the use of well
screens and gravel packs designed for this specific formation.
E. WATER SUPPLY SYSTEM
The proposed water supply for this subdivision would consist of(7) separate supply systems
serving 7 to 8 lots, each of which would contain the following components:
1 - Laramie-Fox Hills well
1 - Chlorination unit
1 - 10,000 gallon storage tank
1 - 60 gpm distribution booster pump system
The storage tank is sized to meet peak hour demands plus fire flow. This estimated minimum
storage is based upon 300 GPCD x 8 homes x 3.5 people + 310 gallons fire flow or 8,710 gallons. To allow
for operational inefficiencies, 10,000 gallons of storage is proposed. The proposed systems will be tied
together in pairs (except one 7 lot system) to allow for exchange of water in case of an emergency.
In conclusion, the proposed water supply system should provide a dependable supply of water
and of adequate water quality.
If you have any questions regarding this report, please do not hesitate to call.
Respectfully submitted,
WRC ENGINEERING, INC.
Alan J. Leak, P.E.
Project Manager
AJL/jlb
961619
F
R THE FARMERS RESERVOIR AND IRRIGATION COMPANY
' 80 South 27th Ave. • Brighton.CO 80601
C Telephone: 303-659-7373• FAX 303-659-6077
O
May 10 , 1996
Mr. John T. Martin
147 South Denver Avenue
Ft. Lupton, CO 80621
Re: Speer Canal/Martin Estates
Dear Mr. Martin:
This is to set forth the company policy concerning the
location of bridges across the Speer canal.
Bridges are approved in accordance with FRICO's Design
Review Process and Design Criteria for Facilities, a copy of
which is attached.
While no changes to the design review process are
contemplated at this time, FRICO reserves the right to make such
changes or alterations as it deems appropriate.
Whatever standards are in effect at the time a bridge
crossing is requested from the company would be the standards and
procedures in effect at the time any request is received.
Sinc e ,
/77
ohn Akolt, III
eneral Counsel
961609
F THE FARMERS RESERVOIR AND IRRIGATION COMPANY
R BO South 27th Ave.• Brighton, C0 80601
' Telephone: 303-659-7373• FAX 303-659-6077
C
O
May 20, 1996
Mr. John Martin
147 South Denver Avenue
Ft. Lupton, CO 80671
Re: Martin Brothers Subdivision
Dear Mr. Martin:
This is to address the procedure regarding the entry of a
boundary line agreement with FRICO.
FRICO's procedure is to review any boundary line agreement
which an adjacent owner may propose.
If acceptable, following the procedure which FRICO has used
in the past, FRICO would enter into a boundary agreement, or an
agreement for an exchange of deeds to establish appropriate
boundary lines. Quality of title would need to be addressed
depending upon the circumstances presented at the time.
We understand that Martin brothers is preparing to survey
the area through which the Speer canal traverses. FRICO will
respond to any request for a boundary line agreement when
submitted.
/r
Since,54
John Akolt, III
General Counsel
961609
ENGINEERING GEOLOGIC CONDITIONS
MARTIN BROTHERS PUD
195 ACRES IN A PORTION OF THE W 1/2
SECTION 12, T 1N, R66 W
WELD COUNTY, COLORADO
•
June 3 , 7994
Judith L. Hamilton
Consulting Geologist and Engineer
2220 Julian Street
Denver, Colorado 8021.7.
(303 ) 477-6610
961639
INTRODUCTION
At the request of Mr . William Childs, I studied engineering
geologic conditions on the 195-acre Martin Brothers PUP property
comprising part of the W 1/2 of Section 1.2 , TIN, R66W, Weld County,
Colorado . The purpose of my investigations was to determine the
geologic and geohydrologic conditions on the property which might
affect the proposed development .
I understand that a planned unit development of 34 lots, each
approximately 5 acres in size, is planned, with individual wells
and sewage disposal systems .
CONCLUSIONS
t . The site is suitable for the proposed development from a
geologic and hydrogeol.ogic standpoint provided adequate assurances
can be obtained that contamination from the Weld County Waste
Disposal facilities located north of the property will not
adversely affect the property .
2 . It is strongly recommended that individual soils investigations
he made at the location of each proposed structure, and that
foundations he designed by a qualified soils engineer to take site-
specific conditions .
3 . Percolation rates are likely to be high to very high due to the
very sandy nature of the uppermost soils . To minimize potential
for contamination, adequate distance should be maintained between
leaching fields and well , and wells should be adequately sealed to
961609
prevent inflow of surface water and shallow ground water.
Individual percolation tests should be conducted at each building
site to provide information for proposed design of the system.
4 . Shallow ground water levels are expected to be well below
basement: depth . However, locally where seepage occurs from the
Speer Canal or from the waste disposal pond, or where perched water
occurs on clay layers, water levels may he higher . Borings for
foundation investigations should be utilized for water level
measurements , and if ground water levels are less than 10 feet
below ground surface adequate peripheral drainage should be
provided where basements are planned.
DESCRIPTION OF THE SITE
The property is located on the east side of Weld County Road 35
north of what would be County Road 10 . The Speer Canal runs along
the east property boundary. The canal is about 15-20 feet wide
with banks about 3--6 feet high . The canal was dry at the time of
my investigation May 30 . However, water had been running recently
an evidenced by ripples in the sand bottom of the creek, wet
material in side of the canal , and isolated ponded water .
'rite land is rolling, with elevations ranging from about 5030 feet
at: the northeast corner of the property to about 5100 feet near the
southwestern corner . The land is presently pasture; however,
there are indications that part of the property has supported crops
in the past . Vegetation is primarily sparse grasses, weeds, and
sage . The only trees are a few cottonwoods along the canal near
961639
u1
its northern limit on the property and Some willows in a pond just
north of the canal in this area . A small check darn is located on
the canal at this point . There is a culvert about: 2 feet in
diameter leading to the pond, but it does not appear to extend to
the canal .
l'he Sunny Acres subdivision lies to the southeast of the property .
A number of houses are located in the subdivision . Martin Brothers
PUn, amended plat , abuts the property to the east . Several houses
have recently been built in this area . The Weld County Waste
Ui.sposaI. facility is located just north of the property . Several
storage t ankr; and a disposal pond are connected with this facility.
SOI LS AND GF:oiocY
Soiln on the property have been mapped by Crabb of the Soil
Conservation Service an Olney loamy sand 1 -3% slopes in the north-
central. part , Valent sand 3--9% slopes in the south-western portion,
and Vona loamy sand t1--3%, 3-5% and 5-9% slopes in the remaining
areas (see Figure 1 ) . Characteristics of the soil groups are shown
m 'Table 1 . Engineering properties are given on Table 2 , and
physical and chemical properties are given on Table 3 . Limitations
of the soil groups for construction and development are given on
Table 4 . These tables are given as general guidelines only, and
should not be substituted for individual , on-site investigations .
Soister maps the property as loess in the northeastern part and
3
961639
eoli_an sand in the southwestern portion, with the underlying
bedrock Dawson formation (see Figure 2 ) . The Dawson more recently "
has been subdivided, and is now defined as Arapahoe formation in
this area . Road cuts 1.-2 feet high along County Road 35 just north
of the property form vertical banks typical of loess .
Well logs in the area indicate the depth to bedrock ranges from
about 40 feet to more than 60 feet . The well logs indicate the
surfici_al material is composed primarily of sand or sand and clay
i.nt he upper part, underlain b•.y clay interbedded with sand and
gravel . Based on the well logs, bedrock is expected to be at
considerable depth below the surface on the property, and will not
affect; the property except in relation to water supply .
SWALLOW GROUND WATER
Shallow ground water is not expected to be a problem in the
majority of the property . However, locally ground water levels may
be high due to seepage from the Speer canal or from lawn irrigation
and septc tank leaclieate pondinq on clay layers . The sandy bottom
of the Speer Canal would contribute to leakage, particularly when
wter level in the canal is high . If ground water levels less than
10 feet deep are encountered at a building site, it is recommended
that e:i.ther no basement be constructed, or that a peripheral drain
with positive drainage be provided .
4
961609
id
SWELLING SOIL, POTENTIAL
Hart maps the property as windblown sand and silt , generally non-
swelling . Table 2 indicates the soils are non-plastic except for
some of the clay layers in the Olney soil . It is unlikely that
there will. be problems with swelling soil on the property, however
as a precautionary measure and also to provide information for
optimum foundation design, it is highly recommended that soil
borings he made at each structure location and that the information
be reviewed by a qualified soils engineer
SEWAGE DIsroSAL
Permeability rates in all soils on the property are described by
the Soil Conservation Service report by C:rabb as moderate to rapid.
The major anticipated problem with leaching fields would be too
high a percolation rate . Because of the relatively large depth to
bedrock indicated by well logs, potential for contamination of
alluvia] ground water from leaching fields is expected to be
minimal. . However, if local high ground water is encountered,
contaminants from the leachate could migrate laterally and seep
into improperly constructed or shallow wells . A test boring at
least 10 feet deep should be made at the location of each proposed
leaching [ field, along with the usual percolation test holes . If a
clay layer or ground water is encountered within this depth a new
leaching field site should be chosen . With lots approximately 5
acres in size it is anticipated that a suitable leaching field site
can be located on each lot .
5
961609
CONTAMINATION POTENTIAL
fhe Weld County Waste Disposal Facility, a county--approved disposal
site for oil operation wastes and water treatment , is located just
north of the property. Wastes from several oil wells in the
vicinity are treated at this facility . Weld County Health
Department personnel report that water quality analyses from
monitoring holes at the facility indicate the pond liners are
failing and there is a possibility of contaminated ground water in
the area , but that the contamination is .limited to the surf-ici.aI
aquifer . The facility has been cited by the Colorado Department of
Health for accepting hazardous wastes . I understand that the State
Attorney General is trying to work out a remediation agreement with
the operator .
It is strongly advised that monitoring wells be installed on the
property just south of the north property line and near the west
property line of the SE1/4 NW1/4 . Water quality should be
monitored on a quarterly basis . If contaminants are found,
treatment facilities should be installed to minimize potential for
migration of contamination further onto the property . If water
supply wells are limited to the deeper aquifers and wells are
properly constructed, there is very limited potential for
contamination of the water supplies for the property . However,
drilling in contaminated zones could introduce contamination to
lower zones . If contamination is found on the property, adequate
measures to prevent migration of contamination should be taken when
6
9616)9
'aJl
water wells are drilled in the vicinity of the contamination .
w
RADON GAS
Although there are no overt indications of radon gas-producing
materials on the property, as a precautionary measure it is
advisable to test basements , crawl spaces and other unvented
enclosed spaces for the presence of radon . If radon gas is
detected, adequate venting of: the space will be necessary to
minimize health hazard potential .
MINERAL RESOURCES
Coal_ Coal is found in the Laramie formation underlying the site,
however, electric logs int he vicinity indicate that coals are
genera I 1 y only rc few feet thick and are at depths of greater than
600 feet . In my opinion, it would not be economic in the
foreseeable future to mine this coal .
The map of Coal Bed Methane Resources of Colorado by Carol M.
Tremaine (Map Series 19 , 1984) indicates that methane potential in
the area is low (0--100 cf gas/ton coal) .
Oil and Gas . No oil or gas wells are located on the property.
Three tests holes were drilled in the NW1/4SW1/4 and SW1/4SW1/4 of
7
961639
Section 12 , but they were dry and were plugged and abandoned.
Several operating wells are located within one mile of the
property . If is not known at present: whether economic amounts of
oil or gas underlie the property, but in light of the number of dry
holes the potential appears limited.
Sand, Gravel and Quarry Aggregate . Schowchow et al . map the
property as containing eolian sand; however, the Soil Conservation
studies indicate the sand is only fair to poor in quality. Well
logs indicate some gravel exists ; however, it is generally in
layers only a few feet thick and the overburden. : thickness ratio is
high. The SCS describes the shallow soils as unsuitable as a
gravel source . In my opinion no economic deposits of sand, gravel .
or quarry aggregate exist on the property .
OTHER GEOLOGIC CONSIDERATIONS
No other geologic conditions which would adversely affect the
proposed development are known to exist on the property .
WA'T'ER SUPPLY
Many of the houses in the area are supplied from alluvial wells
less than 100 feet deep; however, until the potential for
contamination of shallow ground water from the Weld County Waste
Disposal facility is mitigated, it is not recommended that shallow
wells be constructed . Water is available in the underlying
8
961609
Arapahoe and Laramie- Fox hills aquifers.
..
Respectfully submitted, . ••' 'H"4.y
.riV\ •tEmicSc �lXti
. * 1 ti
4.01
)4Q5W•
.t=
+� k•
Judith L . Hamilton P.{S. • •
•
r:a Gar.
Professional Geologist •
• •.. /of C0tg�..`'
June 3 , 1994
9
961609
at
•
11 ¢, Akxin I al'egT �$
Qes ' «.
(1 \\. , �i )ll \
0 \ Q1•
Plains sins li q�InraU nn11,
`F 1,`
Mertln i !ry 1ES r . . ti F Nl�
l `
p
• , - -IF
r
•
•
EXPLANATION
Property boundary
Q1 Loess
Qe; Eolian sand LOCATION AND GEOLOGIC MAP
195-ACRE SITE, W 1/2
Kdw Dawson formation SECTION 12 , T:LN, R66W
WELD COUNTY, COLORADO
Source : Soister, 1965 FIGURE 1
10
EXHIBIT
961609
a ;
!
1
I1
Ij
C. C 69 It y'
11
•
rt •
•
73 11 • - 73 t •16,, k •
y •
a. 5
.13 44 • .,. .
Ct' 1P. 69 7
73 73
7 •
10 T y 70
•
73 I
c—j\ rs _..:
LEGEND
164 nlney loamy sand , l-3% slopes
0 Valent sand , 3-95 slopes
72 Vona loamy sand, 0-3% slopes
73 Vona loamy sand, 3-5% slopes
74 Vona loamy sand, 5-Q% slopes
From Crabb, 1980, Soil Survey of Weld County,
Colorado, Southern Part SOIL MAP
195-ACRE SITE
W i SECTION 1.2
I ',
I
1' TillR66W
961609
FIGURE 1 •
tut ' l It
, I, I �i ��,'lu�Il�J lt��J1 IE b��' ��li'—i���� ��i��114� , .1I��1��ht �i�I� r,i ' ;�'{� ' 'k .t . i• ! lii� '�4
•
- -_
. ,. ,.n1 . . •
•
• •
j
•
Y �. I
y I
m
• • • •
•iii a i . r ' ,
i, to
u) • I I . 0 I A
row 3 0 - I ,rl , NI
wo o ,
ro
N 0 •
N CO EE b c/)
H •
iii I.
y) ,• I.,
Pi •ri 4) Q) U
O H O ' O -
U) F to ro Fero ' ?) {
O al v a vw - 1I!.''
UU)) cc-. a c-/ e 14 0 '
U Ii'
to N OH U) N
Q ..c 4, •1.) -1 tf +) ;,3 ' i 1 'I''
tU to •rl I 0•HC••-I •rl I
b al
o cdN > w
xm 0 O •rl o coN -•-I 0 o ; , o
O O VA p N . O N , rOH P0 I I ! +
Y N 6Oro ,,I 0 'a $,,O aft 11 r' i• 0 I ICI,",
I� I j T I . 1
H ! ' i I, • i ii. I, I O m ',',i i l : . .I
a i•I t '+' I )
CC R 11 , 1 •
yI I I, ' dl N 1 'lr f:
E, O P l • rn: I r•I''‘ �' o., i l; o 0 ;
r-I I I I , : i I I I I 1 Ult.") :1 �I ,
CO r-I ) Fl. O '.I '
3F O o ,
ao, 1
0e) t� qq 0 .. 0E 1 1 Hy• •j
0 0 N td H 1 I, 0 .0 '
I
' "-IR O H OO G F O c O U
O H 03 f6 Oct - O t6 • i
U) O a) -� 5 a N > w t 1
•
' 1
. U
�r
M N 6-1 9616 I'
o a .I N ti ti n ti „ i • i
C fl II I I,
y i l(' I I I 1 'I 4 L Ii I� 1 1 III I i
4//4 ,id,{ ( ill y I( jj I All 1 , 4 , I , lid
ii ' � tI Ii'iI ill be
li ' IIRE� vegi,till`Y I 1 i iifJr 'I ll'tch '� iI ii,€ I ii !I '11, I I ; I
Ip
:�••_,. e . S o1 I 1 a'' •
TABLE 2.--ENGINEERING PAOPCATIES AND CLASSIFICATIONS. :' , 1l'•
1'
I I Classification :Fray- Percentage passing 1 . I••
Soil same and IDepthl USDA lecture ' I . I sieve number-- 1Llnuld 111a3 I�:
ma symbol 1 1 , Unified I AASHtO 17 3 1 I ; I limit 1 deity
P 1 I I :Inches I 1 10 : i0 1 200 1 1 Indic i1'I
1 In 1 1 : Pct I 1 fet • 1 ij,
44, e5 0.10:Loamy sand •• 6M ' ' :A-2 0 95-100190-100:60-90 15-25 --- 1 NP
.0-20:Sandy clay loam SC, CL 1A-6 '' 0 ' 95-100:90-100180-100 e0-55 20-40 1 10 20'• I
Olney 20-25:Sandy loath,. SC, IA-4, A-6 0 95-100195-100:75-95 35-55 20-35 1 5-15, „
, : sandy clay 3M-SC, 1 11 ;1 1 I
. 1 loath, tine Cl. ' , I I , .
I sandy loaw. CL-MI. I '
• .25-60:Flnelsandy loam, SM I. :A-2 0 95.100195-100:10-95 20-35 -- ' 1 NP
1 1
1 1 loalhy find I 1 f : ' IL: , 11 . i .I.
1 land, I ,• 1 ,
69. io 1 0-8 ;Fine saa1 ' SM 11 7 , 0 I'.. t 100 11 ,100 180-95 110-30 ! I NY 11 r9
Yalent 18-60:Fine sand,' sans SP-SI1. S4111 3 0 i.' 1 l00 1195-IOdf75-90 1 S-20 _ I NP i;.,.,., ,
72, 73. 74 1 0-6 :Loamy sand S4 I1 '. IA-2 ',I 0 I .100.1 :00.100160-00 ':15-30 -- 1 4P I,, .
Vona : 6-28:Fine sandy loan, SM I I A-2.'i*-4 0 1 100 190.100:60-90 :39.05 -- . I • NF y ,I,
1 t sandy loam. ij , 1 1 : I
126-6o;Sandy :.am, 39 A.2 0 1100 ' 190.100:50-85 :15-30 --- V= Ili
I : loamy sand. .. ' . I I ' I 1 '.::'i
, . •
I
0
H.
7
I ' 1 1 I
I
' • i - II j 1.,
• i ! ' I HI
I,TABLE j.-•P9TS:7AL AND C4EM GAL PROPE3ClES or SO:LS• PIj
: t1: A 3k O -.corrosion Er Allan w n Olt
3d t: same and :Depth Perm,'- Availatle: Soil :Salinity: Shrink. ' ';- fa.tars ere 1 '
ma; symbol I blIsty water :reaction I I I swell Uncoated :Concrete ,r— bl y 1''I
capacity , : :potential steel ; K 176 0L , I;
In In/mr Iin/In : BH :Mnhosycni I , T—;-- ( I
:
44, e5 : 0-10 6.0-20 0.06-0.i01 6.6-7.8 3 ',; , <2 Blow-r," ' :Low ;Low � - - 07:7. s 2 If ,'�I
Olney ;10.20 0.6-2.9 0.13-0,15:, 6.6-7.5 III <2, ., 1Moderatk :Nigh it.:,,
0 2w, I
:20-25 0.6-5.0 0.11-0,15: 7.9-8.4 ,h 421 ' (Low :N1yh ; ow 9 2w: I ' , I 11i
:25-60 2.0-6.0 0.06.0.13::7.0.0.4 ;1I (2 `. :Low 1H14h i._.Iitlow 0.20: I 4l (
69, 70 : 0-6 1 6.0-27 :0.07 0.121 6.6 7131. .1 II lLow ------ Low flue, ;b.ldr•`3 1 i111
Vatent 1 8.60: 6.0-20 :0.05.0.101 .6.6-7.8 ,1 ' <2,, . jtow ' :Low ;Low 10.10: ., 11 I , I31
•
12. 73. 14 1 0-6 1 6.0-27 10.09.0.111;6.6-1.3 ,1 i ....-' :Low ILow1---1Low 10.101 5 '1 2 I , !il'
Vona 1 6-251 2.0-5.0 :0.12-0.141 6.6.8.4 1 , CI ' (Low :High :Low 10.101 I ; I
:28-60: 6.0-21 :0.06-0.11 :' 1.4-8.4 1!' <4' ;Low----1.-INlgh ;Low 10.101 ' 1 II ' I;
, . _.t ...Cl • • - , .2 l I I-1 iI ICI
1 rl 'I I . 1a
I 'I 'I I ' I
j I 1.. 'I. IL I. I I I. 1 . I'
I,
l : I'f ' II II 1 , ' I HI:I ' . , 1; I
I .I 1 , I , I
1
' ; It. 'I I II , , I 11 I1 I,
I
I I. I;. 1 1 111'1 I II 1 I l II I� I.
I 1 I I ii I I III 1 I ' '1 '. III HI I r
, I I II
I' I;;I I I il 11 11 I,,i.,, �� 7.,i., r 1 ',II� I 11 1 i
, I i, I II Iif: 1 i''I� . 1 1ll 1'1 1' II I II: : ,1.11 Source : Cracb ,' 1960, Soil Survey of Weld County, Colorado, , I'k' ;'
Sou—.ern Part , USDA. Soil Conservation Service f
Table 12 `and 13 I I' n '
I I , I'1 I I '2 -�1
f I ,, ( III •,HI k 1 • I I m1 i• M1 I ill h 111 III o ,1 1 I 1 It'll.,
II III .1. 1,: },4,,,,,,,I 1 ;{ Ill ;Q IIit; II I:III 11r ' 111I 1111 � i1ri:': . I.'' : I:961.6q91' , Ill 1
II . In( I1 t1 l I,, IIJ 11 , 1 .' n I II JII
1;'. I III, I L �j 1 1'r? I 1 1 1, I t t 1
1 ' f' v
I .I , ,�'�� ': .. h i' 'Ii . '6 ,),. . �, ,,,I F4:1;111;114
,p. . :1 a I I ilel � �- , I I
11.. I I, I I j� II I � , .��R � hl I.IN f 91 �I(H;� I � I 1 �i �l��� ' le �� r of yrl �7�J�W��I���'.
Proposed
BUFFALO RIDGE
HOMEOWNERS ASSOCIATION
COVENANTS & DECLARATIONS
os,
G1/4)Psi
9616'!9
y. i I-, , 1. I. I r
si t' t,2, " i{ 24,
�ti i t t i tit i' ' ' ' ;I it < I rl Si �,i,ti• • a.- Phat ,..'
a
i I1
' 2413382 -1465 P-712 11/01/94 02:36P PG 3 OF 42
I , g 'i
+i!', ). Maintenance Funds 3 •
s + . Section 2.21 3 `>
Manager 3
, Section 2.22 3
I,,; Member 3
Section 2.23 4
i ti Mortgage 4
Section 2.24
Mortgagee 4
• N`1' Section 2.25 4 ,';
, Mortgagor
3 Section 2.26 4
i Notice and Hearing 4
Section 2.27
Notice of Completion 4 '
ID i':' Section 2.28
r'-• Owner
,.j; Section 2.29 ,
4 n,
Person
i?" Section 2.30 4
' Public Functions 4
• �" 3 Section 2.31 4
" ''.' Record or Recorded 4
Section 2,32 4
.r,. Site 4
Section 2.33 4
Reimbursement Assessment
i ', ;, Section 2.34 5 '
Rules end Regulstions 5
Section 2.35 5
',- Special Assessment S
ARTICLE III 5
I' GENERAL RESTRICTIONS APPLICABLE TO PROPERTY 6
Section 3.1 5 , • Ac
, , Maintenance of Property 5
.," Section 3.2 5
No Noxious or Offensive Activity 6
,
Section 3.3 5
3, Annoying Sounds or Odors 5 r
1' Section 3.4 6 ;;:,
i , No Hazardous Activities 5
Section 3.5 5
i i. No Unsightliness 6
y Section 3.6 8
Restrictions on Garbage end Trash 6
•
Section 3.7 8
No Temporary Structures 6
Section 3.8 6
Restriction on Antennae, Pipes, and Utility Lines 6
• Section 3.9 6
III Restrictions on Signs end Advertising S
s r
V' �
II
961639
2413382 R-1465 P-712 11/01/94 02:36P PG 4 OF 42
Section 3.10 u
Restrictions on Mining or Drilling 6
Section 3.11
Maintenance of Drainage 8
Section 3.12 6
Compliance with Insurance Requirements 8
Section 3.13 7
Compliance with Laws 7 .'
Section 3.14 7 '
Further Subdivision of Sites 7
Section 3.15 7 ..
Restrictions on Sewage Disposal Systems 7
Section 3.16 7
Restrictions on Water Systems 7 ,'
Section 3.17 7
Restoration in the Event of Damage or Destruction 7
Section 3.18 7
Storage 7
Section 3.18 7
Clotheslines 7
Section 3.20 7
Vehicle Repairs 7
Section 3.21 7
' Construction Activities 7
Section 3.22 7
Trailers, Campers and Junk Vehicles 7
Section 3.23 8 . .
Restriction on Leases
Section 3.24 8
Animals 8
i
i ' ARTICLE IV 8
ARCHITECTURAL APPROVAL 8
Section 4.1 8
Approval of Improvements Required 8
Section 4.2 8
Improvement to Property Defined 8
Section 4.3 8
Membership of Committee 8
Section 4.4 9
Establishment of Subcommittees 9
Se_don 4.8 9
Address of Committee 9
Section 4.6 9
Submission of Plan 9
Section 4.7 9
Criteria for Approval 9 . I
Section 4.8 10
Design Standards 10
Section 4.9 10
Architectural Review Fee 10
Section 4.10 10
ill ,
S .
961619
i
S
2413382 R-1465 P-712 11/01/94 02:36P FO 5 OF 42
I
Decision of Committee 10
l " Section 4.11 10
Failure of Committee to Act on Plans 10
Section 4.12 10
Prosecution of Work After Approval 10
Section 4.13 10
Notice of Completion 10
Section 4.14 10
Inspection of Work 10
Section 4.15 11
Notice of Non-Compliance 11
Section 4.16 11
Failure of Committee to Act After Completion 11
Section 4.17 11 •
Appeal to Association Board of Finding of Noncompliance 11
Section 4.18 11
Correction of Noncompliance 111
Section 4.19 11
No implied Waiver or Estoppel 11,,
Section 4.20 • 12 la'
Committee Power to Grant Variances 12 •
Section 4.21 12
Compensation of Members 12
Section 4.22 12
Meetings of Committee 12
• , Section 4.23 12
Records of Actions 12
Section 4.24 12
Estoppel Certificates 12
Section 4.26 12
. ' Nonllability of Committee Action 12
Section 4.26 12.
Construction Period Exception 12
ARTICLE V 13
ASSOCIATION PROPERTIES 13
Section 5.1 13
Member's Rights of Use and Enjoyment Generally 13
Section 5.2 13
Right of Association to Regulate Use 13
Sesedan 5.3 13
Section 5.4 13':
Liability of Owners for Damage by Member 13
Section 5.6 13'
Association Duties if Damage, Destruction, or Required
Improvements 13
Section 5.6 14
Association Powers in the Event of Condemnation 14
Section 5.7 14
• Title to Association Properties on Dissolution of Association 14
ARTICLE VI 14
iv
9616 49
t
• •
1 ' 2413382 8-1465 P-712 11/01/94 02:36P PG 6 OF 42 , .'
DECLARANT'S RIGHTS AND RESERVATIONS 14
I.
Section 8.1 14
Period of Declarant's Rights and Reservations 14
14 "�
Section 6.2
Right to Construct Additional improvements on Association Properties 14
Section 8.3
Declarant's Rights to Use Association Properties In Promotion and Marketing of Association Area 1515
Section 8.4 15
• Deciarent's Rights to Complete Development of Community Area
• Section 6.5 15
Declarant's Approval of Conveyances or Changes In Use of Association
Propert 15
as 15
Section 8.8 15
Declarant's Right to Grant and Create Easements 15
Section 8.7
Declarant's Rights to Convey Additional Property to Association 151J,''
ARTICLE VII 16
ASSOCIATION OPERATION 16
16
• � , . :' Section 7.1 18
Association 18
Section 7.2 16
Association Board of Directors 16
Section 7.3 18;
Membership In Association 16
Section 7.4 16'
Voting Rights of Members
17
ARTICLE VIII 17
DUTIES AND POWERS OF ASSOCIATION 17
Section 8.1 17
General Duties and Powers of Association 17
Section 8.2 17
Duty to Accept Property and Facilities Transferred by Declarant 17
Section 8.3 17
Duty to Manage and Care for Property 17
Section 8.4 '17
Duty to Pay Taxes 17
Section 8.5
Duty to Maintain Casualty Insurance 118 7
Section 8.8 18
Duty to Maintain Liability Insurance 18
Section 8.7 18 "
General Provisions Respecting insurance 18
Section 8.8 -116
Fidelity Bonds Required '18
Section 8.9 18
Other insurance and Bonds I8
Section 8.10 18
Duty to Prepare Budgets
9616?9
Ill
2413382 B-1465 P-712 (1/01/94 02:36P PG 7 OF 42
', " Section 8.11 18 '
Duty to Levy and Collect Assessments 18
Section 8.12 18.'
Duty to Provide Audit 18
Section 8.13 19,'
Duties with Respect to Architectural Approvals 19
' Section 8.14 19
Power to Acquire Property arid Construct Improvements 19,
Section 8.15 19
Power to Adopt Rules and Regulations 19
Section 8.16 19
Power to Enforce Declaration and Rules end Regulations 19
Section 8.17 19
Power to Provide Public Functions 19
Section 8.18 19
Power to Provide Services to Subassoclatlons 19
Section 8.19 20
Power to Provide Special Services for Members 20;r.
Section 8.20 20 I�
Power to Charge for Facilities and Services 20
Section 8.21 20
Power to Grant Easements 20
Section 8.22 20
Power to Convey end Dedicate Property to Governmental Agencies 20
a Section 8.23 20,
Power to Borrow Money and Mortgage Property 20.
Section 8.24 20
Power to Employ Managers 20
Section 8.25 21. .
i i Power to Engage Employees, Agents, and Consultants 21•
Section 8.26 21
General Corporate Powers 21
Section 8.27 21,
Powers as to Trash Collection 21
ARTICLE IX 21
ASSESSMENTS, BUDGETS, AND FUNDS 21
Section 9.1 21
Maintenance Funds To Be Established 21
• Se•don 9.2 21
' Establishment of Other Funds 21
Section 9.3 22
Deposit of Common Assessment► to Maintenance Funds 22 •;,
Section 9.4 221-
Other Deposits to Maintenance Funds 22
Section 9.5 22
Disbursements from Maintenance Funds 22
Section 9.6 22
No Commingling of Maintenance Funds 22
Section 9.7 22'
Authority for Disbursements 22
Section 9.8 22
vi
9616" 9
17 .. r .
2417382 R-1465 P-712 11/01/94 02:36P PG 8 OF 42
Common Assessments 22'y
j Section 9.9 23
Apportionment of Administrative Functions Common Assessments 23
Section 9.10 23
Apportionment of Public Functions Common Assessments 23
Section 9.11 23
Funding of Reserve Funds 23'
Section 9.12 23 lc',"
I, Supplemental Common Assessments 23
Section 9.13 23
Umitation on AFCAa and PFCAs 23
Section 9.14 23
Annual Budgets 23
Section 9.15 24,
No Disbursements To Abate Adjoining Nuisances 24''
Section 9.18 24'
Assessment for Unsold Siten 24
Section 9.17 24s�
. • Supplemental Administrative Functions 2% r
Section 9.18 24
Member Approval of Increased in Maximum Common Assessment 24
Section 9.19 24
Commencement of Common Assessments—Assessment Ares 24
Section 9.20 24
1 Payment of Assessment 24.
Section 9.21 24`
.• Failure to Fix Assessment 24 r
Section 9.22 25
Special Assessments for Capital Expenditures 25
Section 9.23 25
i •,, Reimbursement Assessments 25
Section 9.24 25,
• Late Charges and interest 25::
Section 9.25 25
Attribution of Payments 25
• Section 9.26 28
Notice of Default and Acceleration of Assessments 28
Section 9.27 26
Remedies to Enforce Assossments 26
Section 9.28 28..
Lawsuit to Enforce Assessment 26
Section 9.29 26
Lien to Enforce Assessment 26
Section 9.30 8
Estoppel Certificates 26
Section 9.31 27
No Offsets 27.
' ARTICLE X 2'7
MISCELLANEOUS 27
Section 10.1 27
Term of Declaration 27
vii
961619
J S„
I 2413382 8-1465 P-712 11/01/94 D2:36P PG 9 OF 42
Section 10.2 27
Amendment of Declaration by Declarant 27,
Section 10.3 27,.
Amendment of Declaration by Members 271.
Section 10.4 27,
Required Consent of Declarant to Amendment 27.
Section 10.5 28
Amendment of Articles and I3ylaws 28
Section 10.6 28;
Special Rights of First Mortgagees 28
Section 10.7 28•
First Mortgagee Exemption from Rights of First Refusal 28
Section 10.8 28
Priority of First Mortgage Over Assessments 28
Section 10.9 28
First Mortgagee Right To Pay Taxes end Insurance Premiums 28
Section 10.10 28
Association Right to Mortgage Information 28 It
Section 10.11 29;;
Special Approvals by First Mortgagees 29
Section 10.12' 29
Notices 29
Section 10.13 29
Persons Entitled to Enforce Declaration 29
Section 10.14 29
Violations Constitute a Nuisance 29
Section 10.16 29
Enforcement of Self-Help 29
Section 10.16 29
Violations of Law 29
Section 10.17 30
Remedies Cumulative 30
,'`• Section 10.18 30
Costs and Attorneys' Fees 30
Section 10.19 30
Limitation on Liability 30.
Section 10.20 30
No Representations or Warranties 30
Section 10.21 30
Liberal Interpretation 30
St. tlon 10.22 30
Governing Law 30
Section 10.23 30
• Severability 30.
Section 10.24 30
Number and Gender 30
Section 10.25 30
Captions for Convenience 30
Section 10.28 30
Mergers or Consolidations 30
• Section 10.27 30
Disclaimer Regarding Safety 30
viii
961699
_2413382 it-1465 P-712 11/01/94 02:36P PC; 10 01' 42
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration')
made as of this 7th day of October, 1994 by TJRPBR LLC, a Colorado Limited Liability Company.
ARTICLE I•
• GENERAL i,l
Section 1.1 Community Area. Declarant,is the owner of that certain parcel of land In the,
City of Greeley, Weld County, Colorado, containing approximately 80 acres, known as Covingtoh'
Knolls which, is defined in this Declaration as the "Community Area", The legal description for the
'+ • "Community Area" Is as follows: Covington Knolls Planned Unit Development recorded at the Weld
County Clerk and Re-order's Office on September 2, 1994, Book No. 1458, Reception No. 2405243r
Declarant intends to develop the Community Area as high quality,planned community of single famiW
residential homes.
Section 1.2 Purposes of Declaration. Property which becomes subject to this Declaration
In the manner hereinafter provided shall be referred to as the Association Area. This Declaration Is,
executed (al in furtherance of a common and general plan for those portions of the Community Areal
which may become part of the Association Area; 1b1 to protect and enhance the quality, value)!
aesthetic, desirability and attractiveness of all property which becomes part of the Association Area;
(c) to provide for an Association as a vehicle to hold, maintain, care for and manage Association
properties, including internal landscaped areas which will benefit all Owners of sites by the creation
• of a unique environment within the Community Area; (d) to perform functions for the benefit of
Owners of sites within the Association Area; le► to define the duties, powers and rights of the
Association; and (f) to define certain duties, powers and rights of Owners of sites within the
9.1 Association Area.
Section 1.3 Declarant. Declarant,for itself,its successors and assigns,hereby declares that
all property which becomes subject to this Declaration in the manner hereinafter provided, and each
part thereof, shall, from the date the same becomes subject to this Declaration, be owned, held,
transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained,
altered and improved subject to the covenants, conditions, restrictions, limitations, reservationd,.
exceptions, equitable servitudes and other provisions set forth in this Declaration, for the duration
thereof .tll of which are declared to be part of, pursuant to, and in furtherance of a common arid
general plan of development,improvement,enhancement and protection of the Community Area. The
provisions of this Declaration are intended to and shall run with the land and, until their expiration.%
accordance with Section 10.1 hereof, shall bind, be a charge upon and inure to the mutual benefit lof
(a)all of the property which becomes part of the Association Area and each part or parcel thereof; (S)
• Declarant and its successors and assigns; (c)the Association and its successors and assigns; and (d)
all persons having or acquiring any right, title or interest in any property which becomes part of the
a Association Area or any pert or parcel thereof or any improvement thereon and their heirs, personal
representatives, successors end assigns.
ARTICLE II
DEFINITIONS
Unless otherwise expressly provided herein,the following words and phrases when used in this
Declaration shall have the meanings hereinafter specified.
•
Section 2.1 Administrative Functions. "Administrative Functions" shall mean all functions
as are necessary and proper under this Declaration, and shall include, without limitation, providing
1
961609
I
•
241.352 P-1465 P-712 11/01/94 02:36P PG 11 OF 42
•
i management end administration of the Association; providing architectural review services under ,
Article IV hereof;incurring reasonable attorneys'fees,manager fees,and accountants' fees;obtaining
errors and omissions insurance for officers, directors,and agents of the Association;obtaining fidelity
bonds for any person handling funds of the Association; paying taxes levied against the Association
properties; incurring filing fees, recording costs, and bookkeeping fees; obtaining and maintaining
offices and office furniture and equipment; and performing other such reasonable and ordinary
administration tasks associated with operating the Association.
Section 2.2 Articles of ipgorooration. 'Articles of incorporation"shall mean the Articles of
Incorporation of Owners Association, which have been or will be filed in the office of the Secretary of -
' State of the State of :otorado, a copy of which is attached hereto as Exhibit A, as the same may be
amended from time to time.
• Section 2.3 Assessment. "Assessment' shall mean a Common Assessment, Special
Assessment, or a Reimbursement Assessment as hereinafter defined.
Section 2.4 Association. 'Association' shall mean the Covington Knolls Homeowners',.
Association, a Colorado non-profit corporation, its successors and assigns.
Section 2.5 Association Properties. 'Association Properties'shall mean all real and personal
property, including improvements and all Common Areas, now or hereafter owned by the Association
or with respect to which the Association holds an easement for the use care, or maintenance thereof,
or for which the Association has a right to maintain, held for the common use and enjoyment of certain'
of its members as provided herein, and for other purposes as may be permitted by this Declaration..'
Said Association Properties are set forth on Exhibit B attached hereto.
••
Section 2.8 Board of Directors. "Board of Directors" or "Board" shall mean the Board of'
• '; Directors of the Association.
r" Section 2.7 Budaet. 'Budget' shall mean a written itemized estimate of the expenses to
be incurred by the Association in performing its functions under this Declaration and prepared pursuant
to Section 9.14 of this Declaration.
Section 2.8 Bylaws. 'Bylaws' shall mean the Bylaws of the Association which have been
or will be adopted by the Board of Directors of the Association.
Section 2.9 Ciii. 'City'shall mean and refer to the City of Greeley,a municipal corporation
of the State of Colorado.
Section 2.'0 Common Area. 'Common Area' shall mean any portions of the Association
'' Area designated as Common Area which are owned or maintained by the Association for the common
use and enjoyment of the Owners, including, but not limited to, parka, gar dens or other open space,
detention or retention facilities, lakes, ponds,trails,easements, for the use and benefit of the Owners,:
as may be provided In this Declaration or a Supplemental Declaration covering such portion of they
Association Area. Such Common Area may be owned: (a) by a Subassociation in which all such
Owners shall be entitled to use such common areas; (b) in undivided interests by certain Owners; lc)
separately by individual Owners over which the Association or a Subassociation may have an easement
for maintenance purposes; or (d) by the City.
• Seaton 2.11 Common Assessment. 'Common Assessment" shell mean the assessments
made for the purpose of covering the portion of the annual coats of operating the Association,'
• including expenses incurred in connection with any authorized function of the Association, which are
2
961699
it
' � i of 1 1(: 4 V •,� .Li
� �� i 1• � lY 11
•
2413382 R-•1465 P-712 11/01/94 02:36P PG 12 OF 42
l'. to be paid by each Owner to the Association for purposes provided herein and cnenea to sucn owner
end to the site of such Owner. Each Common Assessment includes en Administrative Function?:
Common Assessment I'AFCA") as further provided in Section 9.8 of this Declaration.
Section 2.12 Declaration. "Declaration" shall mean this instrument as it may be amended'
from time to time.
Section 2.13 Declarant. 'Declarant' shall mean TJRPBR LLC, s Colorado Limited Liability
Company, its successors and assigns. A person shell be deemed to be a 'successor and assign' of ,
TJRPBR LLC as Declarant only if specifically designated in a duly recorded instrument as a successor
or assign of Declarant under this Declaration and shall be deemed a successor and assign of Declarant'
only as to the particular rights or interests of Declarant under this Declaration which are specifically
designated in the written instrument. However,a successor to TJRPBR LLC by consolidation or merger
• shall automatically be deemed a successor or assign of TJRPBR LLC as Declarant under this
Declaration.
Section 2.14 Deed of Trust. "Deed of Trust' shall mean a mortgage as hereinafter defined.
Section 2.15 Dalian Review Committee. "Design Review Committee" shall mean the,
committee provided for in Article IV of this Declaration.
Section 2.18 Development Plen. 'Development Plan" shall mean that certain Planned Unit
Development recorded at the Weld County Clerk and Recorder's Office on September 2, 1884, Book
No. 1458, Reception No. 2406243. The Development Plan may be amended or supplemented from
time to time.
Section 2.17 Improvement. "Improvement"shall mean all structures and any appurtenanceii
thereto of every type or kind, including, but not limited to, buildings, outbuildings, swimming pools,
tennis courts,lakes,ponds,detention or retention areas,patio covers,awnings,painting of any exterior
surfaces of any visible structure, additions, walkways, bicycle trails, outdoor sculptures or art work,,
%. sprinkler pipes, garages, carports, roads, driveways, parking areas,fences, screening walls, retaining
walls, stairs, decks, fixtures, landscaping, hedges, windbreaks, plantings, planted trees and shrubs,
poles, sins, exterior tanks, solar equipment, exterior air conditioning and water softener fixtures.
Section 2.18 Improvement to Property. "Improvement to Property" shall mean any
improvement, change, alteration, or addition to any rroperty within the Association Area.
"Improvement to Property" Is more particularly defined it. Section 4.2 of this Declaration.
Section 2.19 Lessee. "Lease",as used herein,shall mean end refer to any agreement for the
leasing to rental c' a site, and shall specifically include, without limitation, it month-to-month rental.
Section 2.20 Maintenance Funds. "Maintenance Funds'shall mean the accounts into which,
the Board shall deposit monies paid to the Association and from which disbursements shall be made
in the performance of the functions of the Association pursuant to Article IX hereof.
Section 2.21 Manager. "Manager" shall mean any one or more persons employed by the
Association as hereinafter provided in this Declaration who is engaged to perform any of the duties,
powers, or functions of the Association.
fl
Section 2.22 Member. "Member' shell mean the person or, if more than one, all persons
collectively who constitute the Owner of a site. 'Q
' . . 3 "r
•
961629
°.v i ., tq .... . ..• �1 r',' � ".e {�'t,1� Ai Vow. g :4 ''�,
2413382 13-1465 P-712 11/01/94 02:361? PG 13 OF 42 ea
Section 2.23 Mortoane. 'Mortgage'shall mean any mortgage or dead of trust or other such ,
instrument, given voluntarily by the Owner of a site, encumbering the site to secure the performance
of an obligation or the payment of a debt and which is required to be released upon performance of
the obligation or payment of the debt. The tent 'Deed of Trust" when used herein shall be
synonymous with the term 'Mortgage.'
Section 2.24 Mortoaaee. 'Mortgagee' shall mean a mortgagee under a mortgage or a'.
beneficiary under a deed of trust, as the case may be, and the assignees of such mortgagee.
Section 2.25 Monomer. 'Mortgagor' shall mean the person who mortgages his or its
property to another fie., the maker or grantor of a mortgage). The term 'Mortgagor' shall include a
truster under a Deed of Trust.
Section 2.26 Notice and Hearin. 'Notice and Hearing' shall mean a written notice and
public hearing before the Board of Directors or a Tribunal appointed by the Board, In the manner
provided in the Bylaws.
Section 2.27 Notice of Completion. 'Notice of Completion"shall mean written notice to the %
Design Review Committee of the completion of any improvement to property pursuant to Article IV of W
•
the Declaration.
Section 2.28 Owner. "Owner" shall mean the person, including Declarant, or,if more than
• one, all persons collectively, who hold fee simple title of record to a site, including sellers under
executory contracts of sale and excluding buyers thereunder.
Section 2.29 Person• 'Person'shall mean a natural person,a corporation,a partnership,or
any other entity.
Section 2.30 public Function!. "Public Functions"shell mean the act of providing,installing,
;; operating, administering, managing, and overseeing such public services and functions, including
• ' repairs, replacements and maintenance obligations commonly associated with municipal or other local
governmental or quasi-governmental organizations, including, without limitation, security protection,
fire protection, animal control, vegetation control, insect and pest control, television service, parking
facilities, public transportation facilities, including paths and trails, street cleaning, snow removal,
signage,including entry monuments,lighting,including seasonal lighting,project and perimeter fencing,
landscape walls, landscaping services and facilities, cultural and educational facilities, drainage
facilities,including retention and detention ponds,trash and solid waste disposal services and functions
and activities as are deemed appropriate by the Board of Directors. The foregoing list shall not be
deemed to be a representation by Declarant of services or facilities which will be available for use of
the Owners.
Section 2.91 Record or Recorded. 'Record' or 'Recorded' shah mean the filing for record
of any document in the office of the Clerk and Recorder of Weld County, Colorado.
Section 2.32 Ma 'Sits' shall mean any lot or parcel of land within the Association Ares
which is shown upon any Recorded plat map or any other parcel of land which may be sold or
conveyed without violation of the provisions of Colorado law pertaining to the subdivision of land.
'Site' shall not include any Common Area as defined herein.
Section 2.33 Reimbursement Assessment. 'Reimbursement Assessment" shalt mien a
charge against a particular Owner and his site for the purpose of reimbursing the Association for
expenditures and other costs of the Association In curing any violation, directly attributable to the
,. I
4 4.
A
961699
1I
•
. r
2413382 h-14u5 P-712 11/01/94 02:36P PG 14 OF 42
Owner,of the Declaration or the rules end regulations, pursuant to Section 9.23 hereof,together with
late charges and interest as provided for herein.
r.
Section 2.34 Rules and Reauletlons. *Rules and Regulations'shall mean rules and regulations
adopted by the Board of Directors as provided in Section 8.15 of this Declaration.
Section 2.35 Special Assessment. 'Special Assessment' shall mean a charge against each Owner and his site representing a portion of the cows of the major capial repairs, Association
maintenance,replacements,and improvements, to Section 9.22 hereof.
ARTICLE III
GENERAL RESTRICTIONS APPLICABLE TO PROPERTY
All real property within the Association Ares shall be held, used, and enjoyed subject to the
following limitations and restrictions, and subject to exemptions of Declarant set forth in this
Declaration. The strict application of the following limitations and restrictions in any specific case may,
be modified or waived in whole or in part by the Design Review Committee if such strict application
•
would be unreasonably or unduly harsh under the circumstances. Any such modification or waivers'
must be in writing or be contained in written guidelines or rules promulgated in the Design Review-,
Committee.
•
Section 3.1 Maintenance of Property. No property within the Association Area shall be
permitted to fall into disrepair, and all property within the Association Ares, including any
improvements and landscaping thereon,shall be kept and maintained in a clean, attractive, and sightly
condition and in good repair. Maintenance, repair, and upkeep of each site shall be the responsibility
of the Owner of the site. Maintenance, repair and upkeep of Association properties shall be the
reaponsibility of the Association. Violation of this provision by an Owner shell permit the Association,
after Notice and Hearing,to enter on the site of the Owner and cure the violation or cause compliance
r ' , with this provision and to levy and collect a reimbursement assessment for the costs and expenses
of the Association in so doing; provided however, that there shall be no entry into the interior of an
improvement Intended for human occupancy without the consent of the Owner thereof unless a clear
emergency exists.
Section 3.2 No Noxious or Offensive Activik. No noxious or offensive activity shall be
carded on upon any property within the Association Area,nor shall anything be done or placed thereon
which Is or may become a nuisance or cause an unreasonable embarrassment, disturbance, or
annoyance to others.
Section Z 3 Annovino Sounds or Odom No sound or odor shall be emitted from any
+r "�
within the Association Area which is noxious or unreasonably offensive to others. Without
property
limiting the generality of the foregoing, no exterior speakers, horns, wh'stles, bells, or other sound
devices, other than security devices used exclusively for security purposes, shall be located or used
on any property except with the prior written approval of the Design Review Committee. .t
Section 3.4 No Hazardous Activities. No activity shall be conducted on and no improvement
shall be constructed on any property within the Association Area which is or might be unsafe or
hazardous to any person or property. Without limiting the generality of the foregoing,no firearms shell
be discharged upon any property end no open fires shall be lighted zr permitted on any property except
In a contained barbecue unit while attended and in use for cooking purposes or within an interior or
exterior fireplace designed to prevent the dispersal of burning embers.
5
•
951629
SISSIlar
•
2413382 8-1465 P-7I2 11/01/94 02:36P PG IS or 42
! Section 3.5 No Unslahtliness. All unsightly conditions, structures, facilities, equipment,
objects, and conditions shall be enclosed within a amours, including snow removal equipment end
garden or maintenance equipment except when In actual use. r.;
Section 3.8 Restrictions on Carbone and rash. No refuse, garbage, trash, lumber, grass,
shrub, or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse, or debris of any
kind shall be kept, stored, or allowed to accumulate on any site except within an enclosed structure
or appropriately screened from view, except that any container containing such materials may be
placed outside at such times as may be necessary to permit garbage or trash pick-up.
Section 3.7 No Temporary Structures. No tent, shack, temporary structure, or temporary
• building shall be placed upon any property within the Association Area except with the prior written
consent of the Design Review Committee obtained In each instance.
Section 3.8 Restriction on Antennae. Plait and Utility Lines. Pipes for water, gas,sewer,
drainage,or other purposes,and wires, poles, aerials,antennae, satellite dishes and other facilities for
the transmission or reception of audio or visual signals or electricity, and utility meters or other utility r
facilities shall be kept and maintained, to the extent reasonably possible, underground or within an
enclosed structure. No exterior radio antenna, television antenna, or other antenna of any type shall w
be erected or maintained in the Association Ares. With the approval of the Design Review Committee,
e master antenna or cable television antenna may, but need not, be provided for use of all Owners or
a group of Owners, and Declarant may grant easements for such purposes subject to the provisions
of Section 10.11 of this Declaration.
mip
Section 3.9 Restrictions on Skins and Advertising. No sign, poster, billboard, advertising
device, or display of any kind shall be erected or maintained anywhere within the Association Area so
as to be evident to public view except signs as may be approved in writing by the Design Review
Committee. A sign advertising a site for sale or for lease may be pieced on such site; provided,
however, that standards relating to dimensions, color, style, and location of such sign shall be
determined from time to time by the Design Review Committee.
Section 3.10 Restrictions on Mining or Drilling. No property within the Association Area shall
be used for the purpose of mining, quarrying,drilling, boring,or exploring for or removing oil, gas, or
other hydrocarbons,minerals,rocks,stones,gravel, or eau th,except drilling,exploring for,or removing
' underground water by Declarant or any person designated by Declarant for the purpose of providing
• water service to property within the boundaries of the Community Area.
Section 3.11 Maintenance of Drainage. There shall be no interference with the established
drainage pattern over any property within the Association Area except as approved In writing by the
Design Review C^mmlttee. Approval shall not be granted unless provision is made for adequate
alternate drainage. The "established drainage pattern" shall mean the drainage pattern which exists
at the time the overall grading of any property is completed and shall include any established drainage
pattern shown on any plans approved by the Design Review Committee. The established drainage
pattern may Include the drainage pattern: Is)from Association properties over any site; (b) from any
v , ' site over the Association properties; (c) from any property owned by the City or other persons over
any site; Id) from any site over property the City or other persons; or (e) from any site over another
site.
Section 3.12 Comolience with Insurance Reouireme111t• Except as may be approved in
writing by the Board of Directors, nothing shall be done or kept on property within the Association
Ares which may result in a material increase in the rates of insurance or would result in the cancellation
of any insurance maintained by the Association.
8
9616''9
' S� iYX 1• YP�k YGt� f'
2413382 8-1465 P-712 11/01/04 02:36P I3 16 OF 42
Section 3.13 Comoliance with Lawn. Nothing shall be done or kept on any property within
the Association Area in violation of any law, ordinance, rule, or regulation of any governmental l
authority having jurisdiction.
Section 3.14 further Subdivision of Situ. The Owner of a site shall not further subdivide.:
that site.
Section 3.16 Restrictions on Seweoe Disocuiel Systems. No cesspool, septic tank, or other;;
sewage disposal system shall be insulted within the Association Area without the prior written consent,i
of the Design Review Committee. Any sewage disposal system installed for property within the,:,
Association Area shall be subject to applicable laws, rules, and regulations of any governmental,
authority having jurisdiction.
Section 3.16 Restrictions on Water Svstemg. No individual water supply system shall be
installed or maintained for any property within the Association Area unless such system is approved
in writing by the Design Review Committee and is designed, located, constructed, and equipped in
accordance with the requirements, standards, and recommendations of any applicable water and
sanitation district or other governmental authority having jurisdiction. a
Section 3.17 Restoration in the Event of Damao,or Destruction. In the event of damage or'
destruction of any improvement on any site,the Owner thereof shall cause the damaged or destroyed
improvement to be restored or replaced to its original condition as may be approved in writing by the
Design Review Committee, or the Owner shall cause the damaged or destroyed improvement to be
demolished and the site to be suitably landscaped, subject to the approval of the Design Review
Committee, so as to present a pleasing and attractive appearance.
Section 3.18 Storage. No building materials shall be stored on any site except temporarily
during continuous construction of an improvement.
Section 3.19 Clotheslines. No outdoor clotheslines will be permitted.
Section 3.20 Vehicle Repairs. No maintenance, servicing, repair, dismantling, or repainting
of any type of vehicle, boat,machine,or device may be carded on except within a completely enclosed,
structure which screens the sight and sound of the activity from the street and from other sites.
Section 3.21 Construction Activities. During construction, all construction debris will be,
stored in a manner which will prevent its being blown away or otherwise dislodged by storms or high.
winds and will be removed from the construction site at least once per week. If these requirements
are not complied with during construction, the Association may notify the Owner or contractor
involved, and, if th^ deficiencies have not been remedied within the next two days, the Association
may then remove the trash and debris. The Owner and contractor involved will have no claim for
damages or otherwise on account of such removal, and all costs Incurred ay the Association will be
an assessment against the site involved and will be deemed to be a reimbursement assessment
pursuant to this Declaration.
Section 3.22 Trailers. Campers and Junk Vehicles. No boat, camper ion or off supporting
vehicles), trailer, tractor, truck, towed trailer unit, motorcycle, disabled, junk, or abandoned vehicles,
motor home, mobile home, recreational vehicle, any other vehicle, the primary purpose of which is
recreational, sporting, or commercial use, shall be parked or stored in, on, or about any site or street
within the Association Area,except with the written permission of the Design Review Committee. The
'
7
961619
I
00,
2413382 li-146S P-712 11/01/94 02:36P PG 17 OF 42
' • Association shall have the right to enter Owner's site to remove end store at Owner's expense vehicles
in violation of this Section. Owner shall be entitled to thirty (30) days written notice prior to such.
'r J action by the Association.
Section 3.23 Restriction on L . Any Owner shall have the right to lease his site under
the following conditions:
la) All teases shall be in writing;
(b) Anises shag be forsake with a completed residence thereon;
(c) All I shall provide that the terms of the lease and lessee's occupancy of the site shall
be subject in all respects to the provisions of this Declaration,and the Articles of Incorporation,
the Bylaws, and the rules and regulations of the Association,and that any failure by the I
to comply with any of the aforesaid documents, ;n any respect, shall be a default under the
lease; and
Id) Each Owner shall notify the Association Immediately upon the leasing of his site, and,
register with the Association both the names) o. me tenants) and new mailing information+• ',:
for notices to be sent from the Association directly to such Owner.
Section 3.24 ABmala. No animals, livestock or poultry of any kind shall be raised, kept or
• bred upon any lot except household pets, provided they are not kept, bred or maintained for any
commercial purpose and do not constitute a nuisance. Household pets shall not be permitted to roam
freely around the properties but shall be kept under the strict supervision and control of their owners
at all times. Animal owners must Immediately remove excrement from any property other than their
own. Dog runs will be allowed but they must not be visible from a street and/or public view. The
number of pets shall be subject to ordinances, rules and regulations of the City of Greeley.
ARTICLE IV
' . ARCHITECTURAL APPROVAL
Section 4.1 Approval of Improvements BMujrad, The approval of the Design Review
Committee shall be required for any improvement to property on any site and except for any
• Improvement to Property made by Declarant and except as prior approval may be waived or certain
improvements to property may be exempted in writing or under written guidelines or rules promulgated
by the Design Review Committee because approval in such case or cases is not reasonably required
to carry out the purposes of this Declaration.
Section 4.2 Improvement to Property Defined. 'Improvement to Property' requiring
approval of the .nsign Review Committee shell mean and include, without limitation: la) the
construction, installation, erection, or expansion of any building, structure, or other improvements,
including utility facilities; lb) the demolition or destruction, by voluntary action, of any building,
structure, or other improvements; (c) the grading, excavation, filling, or similar disturbance to the
surface of the land including, without limitation, change of grade, change of ground level, change of
drainage pattern, or change of stream bed; Id) landscaping, planting, clearing or removing of trees,
shrubs, grass, or plants; and (e) any change or alteration of any previously approved improvement to
property including any change of exterior appearance, color, or texture.
Section 4.3 Membership of Committed. The Design Review Committee shall consist of
three (3) members all of whom shall be appointed by Declarant. Declarant shall have the continuing
8
961619
•
2413332 R-1465 P-712 11/01/94 02:36P PO 18 OF 42
right to appoint all three (3) members during the Appointment Period (as hereinafter defined). The!'
Association shall have the right to appoint such members after the end of the Appointment Period.,l'
•
The "Appointment Period' shall mean the period of time commencing as of the date of Recordation;/,
of this Declaration and continuing until the earliest to occur of the following events: (a1 when all sites.
permitted by the Development Plan have been conveyed to persons other than Declarant and
certificates of occupancy have been issued for the residences constructed thereon; lb) December 31,
2020; or (c) when, in its discretion, Declarant voluntarily relinquishes such right. Members of the
Design Review Committee may but shall not necessarily be members of the Association. Members of
the Design Review Committee to be appointed by this Association shall be appointed by the Board of
Directors. Members of the Design Review Committee appointed by the Board of Directors may be
removed st any time by the Board, and shall serve for such term as may be designated by the Board
• or until resignation or removal by the Board. During the period of development of community area
while Declarant has rights to appoint members of the Design Review Committee, Declarant shall give
the Association written notice of the appointment or removal of any member of the Design Review
Committee. After the Appointment Period, the Association may at any time and from time to time
change the authorized number of members of the Design Review Committee, but the number of
members of the Design Review Committee shall not be less than three (3►. .f.
Section 4.4 Establishment of Subcomminnu. The Design Review Committee shall hay, !
the right to establish subcommittees ("Covenant Committees') for the review of modification to'.
improvements upon sites, after the initial construction thereof has been completed and a certificate
of occupancy has been issued thereon, and for enforcement of compliance with this Declaration. For
purposes of this Declaration, all references to the Design Review Committee shall also refer to any
Covenant Committee established by the Design Review Committee. The procedures for establishment
and the rights and duties of any Covenant Committee, and the limitations thereon shall be set forth
.
in the Design Standards.
Section 4.5 Address of Committee. The address of the Design Review Committee shall be
at the principal office of the Association unless otherwise set forth in the Design Standards.
• Section 4.6 Submission of Plat. Prior to commencement of work to accomplish any
proposed Improvement to property, the person proposing to make such improvement to property
("Applicant") shall submit to the Design Review Committee at Its offices such descriptions surveys,
•
• plot plans, drainage plans, elevation drawings, construction plans, specifications, and samples of
materials and colors as the Design Review Committee shall reasonably request showing the nature,
kind, shape, height, width, color, materials, and location of the proposed improvement to property.
All submissions shall conform and be in accordance with the Design Standards described in Section
4.8. The Applicant shall be entitled to receive a receipt for the same from the Design Review
•
Committee or its authorized agent. The Design Review Committee may require submission of
additional plans, specifications, or other information prior to approving or disapproving the proposed
improvement to pr party. Until receipt by the Design Review Committee of all required materials in
v^"' connection with the proposed improvement to property,the Design Review Committee may postpone.
review of any materials submitted for approval
Section 4.7 Criteria for Approval. The Design Review Committee shall approve any
proposed improvement to property only if it deems in its reasonable discretion that the Improvement
to property in the location indicated will not be detrimental to the appearance of the surrounding areas
of the Association Area as a whole;that the appearance of the proposed improvement to property will
be In harmony with the surrounding areas of the Association Area; ^hat the improvement to property
will not detract from the beauty, wholesomeness, and attractiveness of the Association Area or the,
enjoyment thereof by Owners;and that the upkeep and maintenance of the proposed improvement to.
property will not become a burden on the Association. The Design Review Committee may condition,
110 9
•
961639
t •. I • Irk 1 '
•
2413382 11-1455 I'-712 11/01/94 02:35P IC 19 OF 42
its approval of any proposed improvement to property upon the making of such changes therein as the
Design Review Committee may deem appropriate.
Section 4.8 Design Standards. The Design Review Committee shall issue standards or rules'•
("Design Standards")relating to the procedures,materials to be submitted, fees, and additional factors
which will be taken into consideration in connection with the approval of any proposed improvement'
to property. The Design Standards may specify circumstances under which the strict application of
limitations or restrictions under this fleclaretion will be waived or deemed waived in whole or in part'
because strict application of such limitations or restrictions would be unreasonable or unduly harsh
under the circumstances. The Design Standards may waive the requirement for approval, if such
approval is not reasonably required to carry out the purposes of this Declaration.
Section 4.9 Architectural Review Fee. The Design Review Committee may, in the Design
Standards, provide for the payment of a fee to accompany each request for approval of any proposed
improvement to property. The Design Review Committee may provide that the amount of such fee
shall be uniform for similar types of any proposed improvement to property or that the fee shall be
determined in any other reasonable manner, such as based upon the estimated cost of the proposed r-
improvement to property.
Section 4.10 Decision of Committee. Any decision of the Design Review Committee shall
be made within thirty(301 days after receipt by the Design Review Committee of all materials required
by the Design Review Committee unless such time period is extended by mutual agreement. The
decision shall be in writing and if the decision is not to approve a proposed improvement to property,
the reasons therefore shall be stated. The decision of the Design Review Committee shall be promptly
transmitted to the Applicant at the address furnished by the Applicant to the Design Review
Committee.
Section 4.11 Failure of Committee to Act on Plans. Any request for approval of a proposed
improvement to property shall be deemed approved, unless disapproval or a request for additional
information or materials is transmitted to the Applicant by the Design Review Committee within thirty
(30) days after the date of receipt by the Design Review Committee of all required materials.
Section 4.12 prosecution of Work After Approve,. After approval of any proposed
improvement to property, the proposed improvement to property shall be accomplished as promptly
and diligently as possible and In complete conformity with the description of the proposed improvement
to property, and materials submitted to the Design Review Committee in connection imposed by the
Design Review Committee. Failure to complete the proposed improvement to property within eighteen
118)months after the date of approval or to complete the improvement to property in accordance with
the description ari materials furnished to, and the conditions imposed by, the Design Review
fa, Committee, shall constitute noncompliance with the requirements for approval of improvements to
t, " property.
(
Section 4.13 Notice of Completion. Upon completion of the improvement to property, the'
Applicant must give written Notice of Completion to the Design Review Committee. Until the date of,
receipt of such Notice of Completion, the Design Review Committee shall not be deemed to have
notice of completion of such Improvement to property.
Section 4.14 Inspection of Work. The Design Review Committee or its duly authorized
representative shall have the right to inspect any improvement to property prior to or after completion,
provided that the right of inspection shall terminate thirty(30)days after the Design Review Committee
shall have received a Notice of Completion from Applicant.
10
961639
•
'413382 I1-1465 P-712 11/01%94 02:36P PO 20 0I' 42
Section 4.15 Notice of Non-Compliance. If, as a result of inspections or otherwise, the
Design Review Committee finds that any improvement to property has been done without obtaining r
the approval of the Design Review Committee or was not done in substantial compliance with the
description and materials furnished to,and any conditions imposed by,the Design Review Committee
or was not completed within eighteen (18) months after the date of approval by the Design Review
Committee, the Design Review Committee shall notlhf the Applicant in writing of the noncompliance,
which notice shall be given, in any event, within thirty (30)days after the Design Review Committee
receives a Notice of Completion from the Applicant. The notice shall specify the particulars of the
noncompliance and shall require the Applicant to take such action as may be necessary to remedy the
noncompliance.
Section 4.113 Failure of Committee to Act Alier Completion. If,for any reason other than the
Applicant's act or neglect, the Design Review Committee fails to notify the Applicant of any
noncompliance within thirty(30)days after receipt by the resign Review Committee of written Notice
of Completion from the Applicant, the improvement to property shall be deemed in compliance if the
improvement to property was, In fact, completed as of the date of Notice of Completion.
Section 4.17 Appeal to Association Board of Finding of Noncompliance. If the Design Review'`: .
Committee gives any notice of noncompliance, the Applicant may appeal to the Board of Directors by•e•
giving written notice of such appeal to the Board and the Design Review Committee within thirty(30),
days after receipt of the notice of noncompliance by the Applicant. If,after a notice of noncompliance,
the Applicant fails to commence diligently to remedy such noncompliance, the Design Review
committee shall request a finding of compliance by the Board of Directors by giving written notice of
such request to the Association and the Applicant within thirty 130)days after delivery to the Applicant
of a notice of noncompliance from the Design Review Committee. In either event, the Board of
Directors or a Tribunal appointed pursuant to the Bylaws shall hear the matter in accordance with the
provisions of the Bylaws for Notice and Hearing, and the Board shall decide whether or not there has
been such noncompliance and, if ao, the nature thereof and the estimated cost of correcting or
removing the same.
Section 4.18 Correction of Noncompliance. If the Board of Directors determines that a
noncompliance exists,the Applicant shall remedy or remove the same within a period of not more than
forty-five (46) days from the date receipt by the Applicant of the ruling of the Board of Directors. If
the Applicant does not comply with the Board ruling within such period,the Board may, at its option,
‘}. record a Notice of Noncompliance against the real property on which the noncompliance exists, may •
l; remove the noncomplying improvement to property,or may otherwise remedy the noncompliance, and
the Applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If
such expenses are not promptly repaid by the Applicant or Owner to the Association, the Board may
levy a relmbursemnnt assessment against the Owner of the site for such costs and expenses. The
right of the Association to remedy or remove any noncompliance shall be in addition to all other rights
and remedies which the Association may have at law, in equity, or under this Declaration.
Section 4.19 No Implied Waiver or Estoppel. No action or failure to act by the Design Review•
Committee or by the Board of Directors shall constitute a waiver or estoppel with respect to futurre
action by the Design Review Committee or the Board of Directors with respect to any improvement
to property. Specifically, the approval of the Design Review Committee of any improvement to
property shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for
any similar improvement to property or any similar proposals, plans, specifications, or other materials
submitted with respect to any other improvement to property.
11
9616016
2413:182 13-1465 P-112 11/01/94 02:36P PG 21 OF 42
Section 4.20 %ommittee Power to Grant Vtriancle. The Design Review Committee may
authorize variances from compliance with any of the provisions of this Declaration, including
restrictions upon height, size, floor area, or placement of structures or similar restrictions, when''
circumstances such as topography, natural obatnrctior,), hardship, aesthetic or environmental '
consideration may require. Such variances must be evidenced in writing and shall become effective
when signed by at least a majority of the members of the Design Review Committee. If any such
variance is granted, no violation of the provisions of this Declaration or any Supplemental Declaration
shall be deemed to have occurred with respect to the matter for which the variance was granted;
provided, however, that the grantinG of a variance shell not operate to waive any of the provisions of
• this Declaration for any purpose except as to the particular property and particular provision hereof
covered by the variance, nor shall the granting of a variance effect in any way the Owner's obligation
to comply with all governmental laws and regulations affecting the property concerned, including, but
not limited to,the Development Plan and zoning ordinances and setback lines or requirements imposed
by any governmental authority having Jurisdiction.
Section 4.21 Compensation of Members. Members of the Design Review Committee may
• receive compensation for services rendered including reimbursement of out-of-pocket expenses
incurred by them in the performance of their duties hereunder.
Section 4.22 Meetinos of Committee. The Design Review Committee shall meet from time
to time as necessary to perform its duties hereunder. The Design Review Committee may from time
to time, by resolution in writing adopted by a majority of the members, designate a Committee
Representative (who may but need not be one of its members)to take any action or perform any duties
for or on behalf or the Design Review committee, except the granting of approval to any improvement
to property and granting of variances. The action of such Committee Representative within consent
or the vote of a majority of the members of the Design Review Committee shall constitute action of
the Design Review Committee.
Section 4.23 Records of Actions. The Design Review Committee shall report in writing to
the Board of Directors all final action of the Design Review Committee, and the Board shall keep a
permanent record of such reported action.
Section 4.24 bt000el Certificates. The Board of Directors shall,upon the reasonable request
of any interested party and after confirming any necessary facts with the Design Review Committee,
furnish a certificate with respect to the approval or disapproval of any improvement to property or with
respect to whether any improvement to property was made in compliance herewith. Any person,
without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all
matters set forth therein.
'4)& 1 Section 4,'3 Nliabi onilty of Committee Action. There shall be no liability imposed on the
r
Design Review Committee, any member of the Design Review committee, any Committee
Representative, the Association, any member of the Board of Directors, N Declarant for any loss,
damage, or injury arising out of or in any way connected with the performance of the duties of the
Design Review Committee unless due to the willful misconduct or bad faith if the party to be held',
liable. In reviewing any matter, the Design Review Committee shall not be responsible for reviewing,
nor shall its approval of an improvement to property be deemed approval of the improvement to
property from the standpoint of safety, whether structural or otherwise,or conformance with building
codes or other government laws or regulations.
Section 4.26 Construction Period Exception. During the course of actual construction of any
permitted structure or improvement to property, and provided construction is proceeding with due
diligence, the Design Review Committee shall tempo•arlly suspend the provisions contained in this
12
961609
1'
fir
2
2413382 ES-1465 P-712 11/01/94 02:36P I'G 22 OF 4.
Declaration as to the property upon which the constriction Is taking place to the extent necessary to
permit suc inghe course f any such ne
which willhresultt in ao violation oof d that,
of rthetp ovisionsnof this Declaration upon coml p etioothng isn of
construction and nothing is done which will constitute a nuisance or unreasonable interference with
the use and enjoyment of other property.
ARTICLE V
ASSOCIATION PROPERTIES
Section 5.1 Member's Riohts of Use and garment Generally. All members may use the r:;
Association Properties subject to the restrictions set fcwh herein. Declarant hereby grants an easement k
of ingress and egress to members and their designated guests over the roads as shown on subdivision,..
plat.
Section 5.2 pioht of Association to Renuiste Use. The Association, acting through the
Board, shall have the power to regulate use of Association properties by members to further enhance
the overall rights of use end enjoyment of all members, including imposing reasonable limits on the
times of use and numbers of guests permitted to use Association properties.
Section 5.3 No Partition of Association Properties. .No Owner shall have the right to
;?u. partition or seek partition of the Association properties any part thereof.
Section 5.4 I lability of Owners for Damao.by Member. Each member shall be liable to the
Association for any damage to Association properties or for any expense or liability incurred by the
Association, to the extent not covered by insurance, which may be sustained by reason of the
negligence or willful misconduct of such member or any person using the Association properties
through such member and for any violation by such member or any such person of this Declaration or
any rule end Regulation adopted by the Association. The Association shall have the power, as
I •'; elsewhere provided in this Declaration, to levy end collect a reimbursement assessment against a
a member, after Notice and Hearing, to cover the costs and expenses incurred by the Association on
p." account of any such damage or any such violation of this Declaration or of such rules and regulations
or for any increase In insurance premiums directly attributable to any such damage or any such
violation. ,
Section 6.6 Association Duties If Damage. Destruction, Qr Retained Improvements, In the.
i'ci event of damage to Association properties by fire or other casualty or in the event any governmental
ri. authority shall require any repair, reconstruction, or replacement of any Association properties, the
Association shall have the duty to repair, reconstruct, or replace the same. Any insurance proceeds
payable by reason of damage or destruction of Association properties by fire or other casualty shall
be paid to the As Ambition and shall be used, to the extent necessary, to pay the costs of repair,
reconstruction, or replacement. If funds from insurance proceeds or from reserves for replacement are
insufficient to pay all costs of repair, reconstruction, or replacement of improvements damaged or
destroyed, or If the Association is required to make repairs, replacements, or Improvements by
governmental authorities, the Association may, In order to make up any deficiency in the insurance
proceeds or to pay for the required repair, replacement, or improvement, levy a Special Assessment
t in accordance with Section 9.22, or if a member or group of members is liable for such damage, levy
• a reimbursement assessment against the member or group of members responsible therefore, to
provide the additional funds necessary as elsewhere provided in this Declaration. Repair,
reconstruction, or replacement of Association properties shall be done under such contracting and
"' bidding procedures as the Association shall determine are appropriate. If insurance proceeds available
to the Association on account of damage or destruction exceed the cost of repair, reconstruction, end
13
961609
j •
;i . - � �1
ti
t1
2413382 11-1465 P-712 11/01/94 02:361' Tki 2., OF 42
Y
replacement, the Association may use the same for future maintenance, repair, improvement, and ti
operation of other Association properties.
Section 6.8 Association Powers in the Evellt of Condemnation. If any Association properties
or interests therein are taken under exercise of the power of eminent domain or by private purchase
in lieu thereof, the award in condemnation or other price payable shall be paid to the Association,
except to the extent payable to any other person with an interest in such property including.any ,
mortgagee of such property. The Association shall have the exclusive right to participate in such
condemnation proceedings and to represent the Interests of all Owners therein. Any award or funds
received by the Association shall be held by the Association in the appropriate Maintenance Fund as
determined by the Board, as a reserve for future maintenance, repair, reconstruction, or replacement
of Association properties or may be used for Improvements or additions to or operation of Association
properties. No Owner shall be entitled to participate as a party or otherwise in any condemnation
proceedings.
Section 6.7 Title to Association Properties on Dissolution of Association. In the event of
dissolution of the Association, the Association properties shall, to the extent reasonably possible, be
conveyed or transferred to an appropriate public, governmental or quasi-governmental agencies or
organizations or to a nonprofit corporation,association,trust,or other organization,to be used, in any,
such event,for the common benefit of Owners for similar purposes for which the particular Association
property was held by the Association. To the extent the foregoing Is not possible, the Association
properties shall be sold or disposed of and the proceeds from the sale or disposition shall be distributed
to members In proportion to the number of AFCA Units of each member, as determined in Section 9.9;,
of this Declaration.
I ARTICLE VI
DECLARANT'S RIGHTS AND RESERVATIONS
I Section 8.1 period of Declarant's Riohts gwd Reservations. Declarant shall have,retain,and.
reserve certain rights as hereinafter set forth with respect to the Association and the Association
properties from the date hereof, until the time that the last site within the Association Area has been
sold and conveyed to Declarant. The rights and reservations hereinafter set forth shall be deemed
• excepted and reserved in each conveyance of property by Declarant to the Association whether or not
specifically stated therein and In each deed or other instrument by which any property within the
Association Area is conveyed to Declarant. The rights, reservations, and easements hereinafter set
• forth shall be prior and superior to any other provisions of this Declaration and may not, without
Declarant's prior written consent, be modified, amended, rescinded, or affected by any amendment
,! of this Declaration. Declarant's consent to any one such amendment shall not be construed as consent
to any other subs. luent amendment.
4
Section 8.2 ai hr m Construct Additional Improvements oil Association Properties.
Declarant shall have and hereby reserves the right, but shall not be obligated to, construct additional
improvements on Association properties at any time and from time to time in accordance with the
Development Plan and this Declaration for the improvement end enhancement thereof and for the
benefit of the Association and Owners, so long as such construction does not directly result in an
increase in the then current Common Assessments applicable to a site by more than twenty percent
120%). If any construction of additional improvements would have such effect, Declarant may
nevertheless construct such additional improvements so long as Declarant agrees to subsidize directly
} the Association such excess expenses. Declarant shall convey or transfer such improvements to the
Association and the Association shall be obligated to accept title to, care for, and maintain the same
' ', as elsewhere provided in this Declaration.
14
.. 961699
1 1 : 1 1 :1j' t h..,. r i t . ?•
r �� 1
;�:jtG Flux:. f iu ': I 1'l'�. .r r, ry . 1. • •
I i .
I .>, I
2413382 11-1465 P-112 11/01/94 02:361. PO 24 01 42
Section 6.3 peclarant's Riohts to Use Asl9clatlon Properties in Promotion and Marketing
of Association Areal. Declarant shall have and hereby reserves the right to reasonable use of the
Association properties and of services offered by the Association in connection with the promotion and
marketing of property within the boundaries of the Community Area. Without limiting the generality„
v, of the foregoing, Declarant may erect and maintain on any part of the Association properties such„
signs,temporary buildings,and other structures as Declarant may reasonably deem necessary or proper
r in connection with the promotion,development, and marketing of real property within the Community
Area; may use vehicles and equipment on Association properties for promotional purposes; and may
4: permit prospective purchasers of property within the boundaries of the Community Area who are not,,
Owners or members of the Assochtion to use Association properties at reasonable times and in..,
reasonable numbers; and may refer to the Association properties and to the Association and services ,
offered by the Association in connection with the development,promotion, and marketing of property ,,
within the boundaries of the Community Area.
1'.
Section 6.4 peclarant's Riohts to Comoletf'Development of Community Area. No provision
of this Declaration shall be construed to prevent or limit Declarant's rights to complete development
of property within the boundaries of the Community Area;to construct or alter improvements on any
property owned by Declarant within the Community Area; to maintain model homes, offices for
construction, sales purposes,or similar facilities on any property owned by Declarant or owned by the
Association within the Community Ares; or to post signs incidental to development, construction,
promotion, marketing, or sales of property within the boundaries of the Community Area. Nothing
contained in this Declarttion shall limit the right of Declarant or require Declarant to obtain approvals
(a) to excavate, cut, fill, or grade any property owned by Declarant or to construct, alter, demolish,
or replace any improvements on any property owned by Declarant; or lb)to use any structure on any
property owned by Declarant as a construction, model home, or real estate sales office in connection
with the sale of any property within the boundaries of the Community Area;or lc)to require Declarant
to seek or obtain the approval of the Design Review Committee or of the Association for any such
activity or improvement to property on any property owned by Declarant. Nothing in this Declaration
shall limit or impair the reserved rights of Declarant as elsewhere provided in this Declaration.
!.' Section 6.6 peclarant's Aporoval of Conveyances or Changes in Use of Association
', pmpartiea• Until Declarant has lost the right to appoint he members of the Design Review Committee,
the Association shall not,without first obtaining the prior written consent of Declarant, which consent
shall not be unreasonably withheld, convey, change, or alter the use of Association properties,
mortgage the Association properties, or use Association properties other then solely for the benefit of
members or as specifically allowed hereunder.
•
Section 6.8 peclarant's tiioht to Grant and_Create Easement& Declarant shall have and
hereby reserves the right to grant or create temporary or permanent easements for access, utilities,
drainage, water, and other purposes incident to development and sale of the Community Area located
in, on, under, over and across la) sites owned by Declarant, and lb)Association properties, provided
°^ that such easements do not create a permanent, unreasonable interference with the rights of the
Owners. Declarant's right to grant or create easements in, on, tinder, oler, or across Association'
properties shall be subject to the provisions of Section 10.11 of this Declaration.
Section 8.7 peclarant'sRiahistoConv@v Additional Pronorty to Association. Declarant shall
have and hereby reserves the right, but shall not be obligated to, convey additional real property and
improvements thereon to the Association at any time and from time to time in accordance with the
Development Plan and this Declaration, so long as any conveyance does not directly result in an
increase in the then current Common Assessments applicable to a site by more than twenty percent
(2O%1, unless Declarant agrees to subsidize directly to the Association such excess expenses.
n. 'r 15
36160E
1
„ I F KM;
.4244. 31116
J1 '� 2`4 '. Hf w °�# tw at T • I ,4 4,jf sk�'+ai '4".1 a
•
'ali.3S2 b-14b5 P-712 11/01/94 022;3N' RI 25 OF 42
, t
�f
ARTICLE VII i'f'
ASSOCIATION OPERATION
4 Section 7.1 Association. The Association has been or will be formed as a Colorado
Corporation under the Colorado Nonprofit Corporations Act. The Association shall have the duties,.•
l powers, and rights set forth In this Declaration and in its Articles of Incorporation and Bylaws. As
more specifically set forth hereinafter, the Association shall have a Board of Directors to manage Its
affairs. The Board of Directors shat:be elected by Owners acting In their capacity as members of the
Association.
Section 7.2 Association Board of Directors. The affairs of the Association shall be managed
by a Board of Directors. The number, term, and qualifications of the Board of Directors shall be fixed
In the Articles of Incorporation and Bylaws. The (bard of Directors may, by resolution, delegate
portions of its authority to an executive committee or to other committees, to officers of the
Association,or to agents and employees of the Association, but such delegation of authority shall not
relieve the Board of Directors of the ultimate responsibility for management of the affairs of the
Association. Action by or on behalf of the Association may be taken by the Board of Directors or any
duly authorized executive committee, officer, agent, or employee without a vote of members, except,
as otherwise specifically provided in this Declaration.
Section 7.3 Membershlo In Association. Each Owner of a site within the Association Area,
shall be a member of the Association. There shall be one membership in the Association for each site
within the Association Area. The person or persons who constitute the Owner of a site shall.
automatically be the holder of the membership appurtenant to that site, and the membership,
appurtenant thereto shall automatically pass with fee simple title to the site. Declarant shall hold a
membership in the Association for each site owned by Declarant. membership in the Association shall
not be assignable separate and apart from fee simple title to a site except that an Owner may assign
some or all of his rights as an Owner and as a member of the Association to a tenant or mortgagee
and may arrange for a tenant to perform some or as of such Owner's obligations as provided in this
Declaration, but no Owner shall be permitted to relieve himself of the responsibility for fulfillment of
the obligations of an Owner under this Declaration.
Section 7.4 Votina Rights of Members. Each member shall have the rit,ht to cast one vote
for each site owned by such member in accordance with the Bylaws. There shall be Class A members
and Class B members. Initially, Class A members shall be all members with the exception of Declarant,
• and each Class A member shall be entitled to one(1)vote for each site which he or it owns within the
Association Area. Declarant shall become a Class A member, with regard to sites owned by Declarant
after termination of Declarant's Class B membership rights. Declarant shall be the sole Class B
member. The Cla•e B member shall be entitled to select and appoint, in its sole discretion, Directors
in accordance with the By-Laws, until termination of Declarant's Class B membership. The Class B
sty membership shall cease and be converted to a Class A membership on the happening of either of the
following events, whichever occurs earlier: (al no later than either sixty (BO) days after conveyance
of seventy-five percent (75%1 of the units that may be created to unit owners other than a declarant;
(b) two (2) years after the last conveyance of a unit by tha declarant in the ordinary course of
business; (c) or two (2) years after any right to add new units was last exercised; or (d) when, in its
• discretion, the Class B member so determines. The Bylaws of the Association shall provide for the
manner, time, place, conduct, and voting procedures for member meetings.
16
si
961609
f+nm. {I w , y •3 )II. }r F 1 fk .-e t.,..1*'; �. . 1 a. .a
,;,;fir...,,.,4:H.1,1!1!,,,,' 1� .1.;:;,1;;;4,4,;
'i I:� i� ''' + 11 1 !� . i1 � Ctl tY.0 y>I P tt ,l r, L J. `
l ( ,, E
2;13382 R-1465 p-712 11/01/94 0:::361' Ik; 26 OF 42 .
ARTICLE.VIII
DUTIES AND POWERS OF ASSOCIATION
Section 8.1 f eneral Duties and Powers Qf Association. The Association has been formed
to further the common interests of the members. The Association,acting through the Board or persons
to whom the Board has delegated such powers, shall have the duties and powers hereinafter set forth,,
and, in general, the power to do anything that may be necessary or desirable to further the common
interests of the members; to maintain, Improve, and enhance the common interests of the members;
to maintain, improve, and enhance Association properties; and to improve and enhance the
attractiveness, aesthetics, and desirability of the Association Area. ,
Section 8.2 Duty to Acceot Property end Facilities Transferred by Declarant. The.
k Association shall accept title to any property, including any improvements thereon and personal
property transferred to the Association by Declarant, and equipment related thereto, together with the
responsibility to perform any and all administration functions, and public functions associated
therewith, provided that such property and functions are not inconsistent with the terms of this
Declaration and the Development Plan. Property interests transferred to the Association by Declarant•
may include fee simple tide, easements, leasehold interests, and licenses to use. Any property or
interest in property transferred to the Association by Declarant shall be within the boundaries of the '
Association. Any property or interest in property transferred to the Association by declarant shall,
except to the extent otherwise specifically approved by resolution of the Board of Directors, be
transferred to the Association free and clear of all liens and encumbrances (other than the lien of
property taxes and assessments not then due and payable), but shall be subject to the terms of this
Declaration, easements, covenants, conditions, restrictions, and equitable servitudes or other
encumbrances which do not materially affect the use and enjoyment of the property by the Association
or by Owners. Except as otherwise specifically approved by resolution of the Board of Directors, no
property or Interest in property transferred to the Association by Declarant shall impose upon the
1 Association any obligation to make monetary payments to Declarant or any affiliate of Declarant,
Including, but not limited to, any purchase price, rent, charge, or fee. The property or interest in
-.,J. property transferred to the Association by Declarant shall not impose any unreasonable or special
burden on the Association other than the normal burdens of ownership of property. .,
?r Section 8.3 Duty to Manage and Care for Property. The Association shall manage,operate,
care for, maintain, and repair all Association property and keep the same in an attractive and desirable
�+i condition for the use and enjoyment of the members.
Section 8.4 Duty to Pay Tana. The Association shall pay all taxes and assessments levied
upon the Association properties and all taxes and assessments payable by the Association. The
Association shall nave the right to contest any such taxes or assessments provided that the
Association shall contest the same by appropriate legal proceedings which shall have the effect of
preventing the collection of the tax or assessment and the sale or foreclosure of any lien for such tax
„ or assessment and provided that the Association shall keep and hold sufficient funds to pay and
discharge the taxes and assessments, together with any interest end penalties which may accrue with
• respect thereto, if the contest of such taxes is unsuccessful.
Section 8.5 puts to Maintain Casualty Insurance. The Association shalt obtain and keep
gl in full force and effect at all times, to the extent reasonably obtainable, casualty, fire, and extended
c coverage Insurance with respect to all insurable improvements and personal property owned by the
, Association including, If available at reasonable cost, coverage fnr vandalism end malicious mischief
17
t Mi;
961609
i i!=
'I ,
l-".....a.•
� `r",'. I t S i4..f X31.• A Y'S, ::G �'.i .;14N;�'" '7
1 S
2413382 B-14b5 P-712 11/01/94 02:3tP ikl 27 OF 42
•
and, if available and if deemed appropriate, coverage for flood, earthquake, and war risk. Casualty,• ,'
fire, and extended coverage insurance with respect to insurable Improvements shall, to the exte4tn
reasonably obtainable, be for the full insurable value based on current replacement cost.
' ion 8.8 Duty to Maintain Liability Irlsyaance. The Association shall obtain and keep in'
full force a„J effect at all times,to the extent ret:onobly obtainable,broad form comprehensive liability,
insurance covering public liability for bodily injury and property damage including, if the Association
owns or operates motor vehicles, public liability for bodily injury and property damage arising as a
result of the ownership and operation of motor vehicles. Public liability insurance for other than motor
vehicle liability shall, to the extent reasonably obtainable, have limits of not less than Five Hundred
Thousand Dollars ($500,000) per person and Two Million Dollars ($2,000,000) per occurrence.
Section 8.7 General Provisions Reseeding Insurance. Insurance obtained by the Association
may contain such deductible provisions as good business practice may dictate. Insurance obtained by
the Association shall, to the extent reasonably possible without undue cost, cover each member
without each member necessarily being specifically named. Insurance obtained by the Association
shall, to the extent reasonably possible without undue cost, contain a waiver of rights of subrogation
as against the Association,each member,and any parson claiming by,through,or under such member
I and as against any officer, director, agent, or employee of any of the foregoing. Insurance obtained
by the Association shall, to the extent reasonably possible and provided Declarant reimburses the
Association for any additional premium payable on account thereof, name Declarant as an additional
insured and shall contain a waiver of rights of subrogation as against Declarant. Insurance policies and
insurance coverage shall be reviewed at least annually by the Board of Directors to ascertain whether
'' •�• coverage under the policies is sufficient In light of the current values of the Association properties and
in light of the possible or potential liabilities of the Association. Casualty,fire,and extended coverage
insurance may be provided under blanket policies covering the Association properties and property of
Declarant. In no event shall insurance coverage obtained or maintained by the Association be brought
into contribution with insurance purchased by Owners, occupants or their mortgagees.
Section 8.8 fidelity Bonds Required. The Association shall obtain and keep In force at all
times a fidelity bond or bonds for any person handling funds of the Association including, but not
limited to,employees of the manager. Each such bond shall name the Association as obligee and shall
be not less than the estimated maximum of funds, including reserve funds, in the custody of the
Association or the Manager, as the case may be, at any given time during the term of each bond.
However, in no event may the aggregate amount of such bonds be less than a sum equal to three 13)
months aggregate assessments on all units plus reserve funds.
`•r
Section 8.9 Other Insurance and Bonds. The Association shall obtain such other insurance
as may be required by law, including workmen's compensation insurance, and shall have the power
• to obtain such other insurance and such fidelity, indemnity, or other bonds as the Association shall
• deem necessary r desirable.
Section 8.10 Deny to Prepare Budgets. The Association shall prepare budgets for the
Association as elsewhere provided in this Declaration.
,r Section 8.11 Duty to Lew and Collect Assessment. The Association shall levy and collect
Assessments as elsewhere provided in this Declaration.
Section 8.12 Duty to Provide Audit. The Association shall provide for an annual independent
• audit of the accounts of the Association. Copies of the report of the audit shall be made available to
any member who requests a copy of the same upon payment by such member of the reasonable cost
of copying the same. ir.�
18
961609
ia'
•
2413382 Il-14o5 I'-712 11/01/94 02: '.61' PG 28 OF 42
Section 8.13 Duties with Respect to Archiofctural Aoorovs)a. The Association shall perform
functions to assist the Design Review committee as elsewhere provided in this Declaration.
+f' Section 8.14 power to Acauire Property anlj Construct Improvements. The Association may
acquire property or interests In property for the common benefit of Owners including improvements
and personal property. The Association may construct Improvements on property and may demolish
. i existing Improvements.
Section 8.16 power to Adopt Rules and Regulation'. The Association may adopt, amend,
• repeal,and enforce rules and regulations as may be deemed necessary or desirable with respect to the
interpretation and implementation of this Declaration, the operation of the Association, the use and
enjoyment of Association properties, and the use of any other property within the Association Area, •
:1 Including sites. Any such rules and regulations shall be effective only upon adoption by resolution of
the Board of Directors. Notice of the adoption, amendment, or repeal of any Rule or Regulation shall
{ be given in writing to each member at the address far notices to members as elsewhere provided in'
this Declaration or the Bylaws,and copies of the currently effective rules and regulations shall be made
available to each member upon request and payment of the reasonable expense of copying the same.
Each member shall comply with such rules and regulations and shall see that persons claiming through,
such member comply with such rules and regulations. Such rules and regulations shall have the same ,
• force and effect as if they were set forth in and were part of this Declaration. In the event of conflict
between the rules and regulations and the provisions of this. Declaration, the provisions of this
Declaration shall prevail.
Section 8,18 power to Enforce Declaration and Rules and Regulation`. The Association shall
have the power to enforce the provisions of this Declaration and the rules and regulations and shall
take action as the Board deems necessary or desirable to cause such compliance by each member and
each person claiming by, through, or under such member ('Related User"). Without limiting the
generality of the foregoing, the Association shall have the power to enforce the provisions of this
Declaration and the rules and regulations by any one or more of the following means: (a) by entry
t'•' upon any property within the Association Area after Notice and Hearing(unless a bona fide emergency
exists), without liability to the Owner thereof, for the purpose of enforcement or causing compliance
with this Declaration or the rules and regulations; (b)by commencing and maintaining actions end suits
to restrain and enjoin any breach or threatened breach of the provisions of this Declaration or the rules
and regulations,by mandatory injunction or otherwise; lc)by commencing end maintaining actions and
sults to recover damages for breach of any of the provisions of this Declaration or the rules and'
• regulations; Id) by suspension, after Notice and Hearing, of the voting rights of a member during and
for up to sixty (60) days following any breach by such member or a related user of such member of
this Declaration or the rules and regulations, unless the breach is a continuing breach in which case
such suspension shall continue for so long as such breach continues; If)by levying and collecting, after
Notice and Hearin, a reimbursement assessment against any member for breach of this Declaration
or the rules and regulations by such member or related user of such member; and(g)uniformly applied
¢•
,< fines and penalties,established in advance in the rules and regulaticns by such member or related user
S?r of such member.
I,.
r ;; Section 8.17 rower to Provide Public Functions. Tha Association shall have the power to
acquire,construct,operate,manage,maintain,repair,and replace public facilities and to provide Public
Functions as defined in this Declaration.
Section 8.18 power to Provide Services to Subassociatioi,s. The Association shall have the
power to provide services to Subassociatlons. Such services to any Subassociation shall be provided
• pursuant to an agreement in writing between the Association which shall provide for the payment by
such Subassocietion to the Association of the reasonably estimated expenses of the Association.
18
961609
�J, 7A t` • •:, t t.1t x nn„� r l •''t , x , ' ?GYjM I ,y < ..,,a r, .•Y ley!.�� 1 t 5 }y.. ,1:
;r
23113252 Il-1405 P-712 II/01/')'I 02:36P Pti 29 OF 42
Services which may be provided to a Subassociation may include, without limitation, (a) the,
construction, care, operation, management, maintenance, repair, and replacement of improvements'
owned by the Subassociation; (b) the providing of Public Functions to the area covered by the
Subassociatlon; (c) the enforcement of the provisions of any Supplemental Declaration for, on behalf
of, and in the name of the Subassociation; (di the collection of assessments for, in the name of, and.
on behalf of a Subassociatlon; le) the payment of taxes for a Subassociation with funds of the
Subassociatlon; If)the obtaining of insurance for a Subassociation; (g)the collection of charges for use
of facilities of a Subassociation; and lhl the appointment and supervision of a Manager far a
Subassociation.
Section 8.19 power to Provide Special Services for Members. The Association shall have the
power to provide services to a member or group of members. Any service or services to a member
or group of members shall be provided pursuant to en agreement in writing, or through one or more
• Supplemental Declarations, which shall provide for payment to the Association by such member or
group of members of the reaso;rably estimated costs end expenses of the Association of providing such
services, including a fair share of the overhead expenses of the Association and shall contain
reasonable provisions assuring that the obligation to pay for such services shall be binding upon any,
} heirs personal representatives, successors and assigns of the member or group of members and that
the payment for such services shall be secured by a lien on the property of the member or group of
members.
Section 8.20 power to Charge for Facilities and Services. The Association shall have the
power to establish reasonable and uniformly applied charges for he use of facilities and services. Such
charges or fees shall be set forth in schedules of charges and fees adopted from time to time by the
• Board of Directors.
Section 8.21 Power to Grant Easementt• The Association shall have tha power to grant
access, utility, drainage, water facility, and other such easements in, on, over, or under Association
properties.
• •
Section 8.22 Power to Convey and Dedjcate Prooertv to Governmental Agencies. The
Association, with the approval of members representing at least two-thirds (2/3) of the voting power
of the Association, shall have the power to grant, convey, dedicate, or transfer any Association
properties or facilities to any public,governmental or quasi-goverdmental agency or authority for such
• purposes and subject to such terms and conditions as the Association shall deem appropriate, subject
. to the provisions elsewhere contained in this Declaration for approval of the same by Declarant with
respect to property transferred to the Association by Declarant, and by members representing the
Owners of sites.
Section f 23 power to Borrow Money and Mortgage Property. The Association shall have
the power to borrow money and, with the approval of members representing at least two-thirds 12/31
of the voting power of the Association, to encumber Association properties as security for such
borrowing, subject to provisions elsewhere contained In this Declaration with respect to required
approvals and consents to such action.
Section 8.24 power to Employ Manaaert. The Association shall have the power to retain and
pay for the services of a Manager or Managers, which may be an affiliate of Declarant, to undertake
•
• any of+.',management or Administrative Functions or Public Functions for which the Association has
responsibility wider this Declaration to the extent deemed edv'jable to the Association, and may
delegato any of Its duties,powers,or functions to any such Manager. Any contract or agreement with
any such Manage. shall be terminable by the Association for cause on no more than thirty (30) days'
prior written notice, end shall be terminable by the Association without cause and without payment
I' 20
sl. .
9616 "9
2413382 It-1465 P-712 11/01/94 02:,361' R; 30 OF 42
of a termination fee on no more then ninety (SO) days' prior written notice. Any such contract or
agreement or agreement shall be for a term of no more than one (1) year but may be subject to
renewal for succeeding terms of no more then one (1) year but may be subject to renewal for
succeeding terms of no more than one (1) year each. Notwithstanding any delegation to a Manager;.
of any duties,powers, or functions of the Association,the Association and its Board of Directors shall .
3y remain ultimately responsible for the performance and exercise of such duties, powers, and functions.
Section 8.26 power to Enoaoe Employees,Agents. and Consultants. The Association shall
have the power to hire and discharge employees and agents and to retain and pay for legal and
accounting services as may be necessary or desirable in connection with the performance of any duties
or the exercise of any powers of the Association under this Declaration.
Section 8.28 General Corporate Powers. The Association shall have all of the ordinary
powers and rights of a Colorado corporation formed under the Colorado Nonprofit Corporation Act
Including, without limitation, entering into partnership and other agreements, subject only to such
limitations upon such powers as may be set forth in this Declaration or in the Articles of Incorporation
or Bylaws. The Association shall also have the power to do any and all lawful things which may be
authorized, required,or permitted to be done under this Declaration or the Articles of incorporation or
Bylaws and to do and perform any and all acts which may be necessary or desirable for, or incidental
to, the exercise of any of the express powers or rights of the Association under this Declaration and
the Articles of incorporation or Bylawe.
Section 8.27 powers as to Trash Collection. The Association shall have the power to
regulate the days and hours during which trash and solid waste may be collected or put out for
collection in any neighborhood. The Association shell also have the power to provide services for the
collection of trash and solid waste within all or any portions of the Association Area including a
recycling program. In the event the Association provides for such service, each Owner within any area
served by such service shall, whether or not such Owner utilizes the service, be obligated to pay
assessments levied by the Association to cover the costs of providing such service. The areas to be
served and the amount of assessments shall be determined by the Board of Directors. The amount of
'f ` the assessment shall be reasonable and shall represent a fair allocation of the costs of providing the
service, including a fair allocation of administrative and overhead costs of the Association.
ARTICLE IX
ASSESSMENTS, BUDGETS, AND FUNDS
Section 9.1 Maintenance Funds To Be Established. The Association may establish and
maintain at least the following separate Maintenance Funds:(a)en Administrative Functions Operetiho
•1 Fund; WI an Administrative Functions Reserve Fund; (c)a Public Functions Operating Fund; and (di'a
Public Functions leserve Fund. Each of the Maintenance Funds may be established as one or more
trust savings or trust checking accounts at any financial institution in which deposits are insured by
an agency of the federal government.
Section 9.2 Establishment of Other Funds. The Association may establish other funds as
and when needed. Nothing herein shell limit, preclude, or impair the authority of the Association to
establish other funds for specified purposes authorized by this Declaration. If the Association
establishes any additional funds, the Board shall designate an appropriate title for the fund to
I distinguish it from other fund maintained by the Association.
vn 21
, 9616?9
v
.
1 I,.,�, 01 .i., ' • 1 ..1 4 ..I 'I .rJ• f c", .'1 i''.1.,: j,i• IlPtr: ' lie. ors
1 1,
i . • . "
If •• 241.1382 II-1465 P--12 11/01/94 02.. 61
j Y1
Section 9.3 peoosit of Common Assessments to Maintenance Funds. Monies received byril
the Association from Common Assessments shall be deposited in the Maintenance Funds in accordance
with the following provisions: lit) there shall be deposited to the Administrative Functions common,
{ Assessments ('AFCAs') which, according to the Association Budget for the year, was budgeted for
operating costs and expenses of the Administrative Functions; WI there shall be deposited to the,.
.''; Administrative Functions Reserve Fund that portion of the AFCAs which were budgeted for the Reserve
IFund for Administrative Functions; (c)there shall be deposited to the Public Functions Operating Fund,
that portion of Public Functions Common Assessments 1'PFCAs') which was budgeted for operating
costs and expenses of the Public Functions; and (dl there shall be deposited to the Public Functions
Reserve Fund that portion of the PFCAs budgeted for the Reserve Fund for Public Functions.
Section 9.4 Other Deposits to Maintenance Fungi. The Association shall deposit monies
received by the Association from sources other than Common Assessments In the Maintenance Fund
, determined by the Board of Directors to be most appropriate. For example, the reimbursement
assessments shell be deposited to the Maintenance Fund from which the costs and expenses were or
will be paid which form the basis for the reimbursement assessments; Special Assessments for capital,
repairs, maintenance, replacements, and improvements shall be deposited to the Reserve Fund from
' which such capital costs have been or will be paid. Interest and late charges received on account of
*1 delinquent assessments maybe allocated among the Maintenance Funds in the same proportions as the
delinquent assessments were allocated or,at the discretion of the Board of Directors,may be allocated
„(1 to any one or more of the Maintenance Funds or other funds.
14
erg Section 9.6 Disbursements from Maintenance Funds. All amounts deposited In the
{` ` Maintenance Funds shall be used solely for the common benefit of all the members for purposes
{jj authorized by this Declaration. Disbursements from particular Maintenance Funds shall be limited.to
h;
r.t
specified purposes as follows: (a) disbursements from the Administrative Functions Operating Fund
maybe made for such purposes as are necessary or property under this Declaration, except those
purposes for which disbursements are to be made from other Maintenance Funds as follows; (b)
disbursements from the Administrative Functions reserve Fund shall be made solely for purposes of
• '• funding those Administrative Functions which cannot be expected to recur on an annual or more
frequent basis; (c) disbursements from the Public Functions Operating Fund shall be made solely for
the purpose of providing Public Functions for members, other than disbursements for which
disbursements from the Public Functions reserve fund are to be used; and(di disbursements from the
Public Functions Reserve Fund shall be made solely for the purpose of repairs, replacement, painting,
and other restorative work to those improvements on the Association properties which are used by the
• Association in providing Public Functions to members.
Section 9.6 No Comminolino of Maintenance Funds. The Association shall not commingle
any amounts deposited in any one Maintenance Fund or other fund with amounts deposited in any
other Maintenancs Fund or other fund.
Section 9.7 Authority for Disbursements. The Board shall hays the authority to make or to
authorize an agent to make disbursements of any monies in the Maintenance Fund. ! '
Section 9.8 Common Assessments. For each calendar year, the Association shall levy
Common Assessments against Owners of the sites. The Common Assessments shall include: (a)the
AFCAs and (b) the PFCAs. Each Owner shall be obligated to pay the Common Assessments levied
against and allocated to such Owner and the site of such Owner as hereinafter more particularly'set
ry forth. 4;.
}.r''.1'r. 0:4 It'.
r.
m:,
22
961609,',.,.
I'
t • •' Iin .
f 1 , i . a, •� , , e;�. +I �p A
lo.. , i . ,•°� 130
„ " fl,� I
, I i
, 4 I
2413182 It-1465 P-712 11/01/94 32:36P it 32 OF 42
• f
Section 9.9 Apportionment of Administrative Functions Common A manta. For
purposes of the AFCAs, each site shall constitute one (1) AFCA Unit regardless of the size, value,
location, or use of such site. The amount of the AFCA for any year, payable by an Owner for the site
of such Owner, shall be computed by multiplying and the total amount to be raised by the AFCAs for
that year, as shown in the Association Budget for that year, by a percentage (rounded to the nearest
one-tenth of one percent (0.1%), derived from a fraction, the numerator of which is one (1) and the
denominator of which is the total number of sites lt.e., AFCA Units) in the Association Area as of the
) first day of that calendar year.
Section 9.10 Apportionment of Public Functions Common Assessments. For purposes of the
PFCAs, each site shall constitute one (1) PFCA Unit regardless of size, value, location or use of such
site. The amount of the PFCAs for any year, payable by an Owner for a site, shell be computed by
multiplying the total amount to be raised by PFCAs for that year, as shown in the Association Budget
for that year, by a percentage (rounded to the nearest one-tenth of one percent (0.1%)), derived from
a fraction,the numerator of which is one(1)and the denominator of which is the total number of sites
(I.e., PFCA Units) In the Association Area as of the first day of the calendar year.
Section 9.11 Funding of Reserve Funds. The Board, in budgeting and levying assessments;
• shall endeavor, whenever possible,to fund the Administrative Functions Reserve Fund, and the Public
Functions Reserve Fund by regularly scheduled payments, included as part of the Common
Assessments, rather than by large Special Assessments. Unless the Board finds and determines that
it is not necessary, as to a particularly Reserve Fund in a given year, the AFCA, and the PFCA shall
include a component for funding of these Reserve Funds.
Section 9.12 $uoolemental Common Assessments. Subject to the provision of Section 9.19
hereof, if the estimated sums prove inadequate for any reason, including nonpayment of any Owner's
Common Assessment, the Board may, from time to time, levy a supplemental Common Assessment
• for any of the Maintenance Funds. Such Supplemental Common Assessment for any of the
Maintenance Funds. Such Supplemental Common Assessment shall be assessed against the Owner
of each site,in the same manner Common A ments are originally each year by the Board
with respect to the particular Maintenance Fund. Written notice of any change in the amount of any
annual Common Assessment shall be sent to every Owner subject thereto, not less than thirty (30)
i
days prior to the effective date of such change. ,
• Section 9.13 Limitation on AFCAs and.'FCAs. The Board of Directors shall not levy'an
AFCA, or a PFCA in any calendar year which is greater than one hundred twenty percent (120%)•bf
the respective Common Assessment in the preceding calendar year("Maximum AFCA,')or"Maximuin
PFCA"), except with the approval of members representing at least two-thirds (2/3) of the voting
power of the Association (exclusive of voting power exercisable by Declarant).
' • Section 9.14 Annual Budoets. The Board of Directors shall cause to be prepared, at least
sixty (60) days prior to the commencement of each calendar year, a Budget for such calendar year,
, including a reasonable provision for contingencies and deposits into the Administrative Functions and
Public Functions Reserve Funds. The Budget shall show, in reasonable detail, the categories of
expenses and the amount of expenses in each Maintenance Fund, end shall reflect any expected
income of the Association for the coming calendar year and any expected surplus from the prior year
• and any existing surplus in any Reserve Fund. The Budget may include an amount for contingencies
and amounts deemed necessary or desirable for deposits to create, replenish, or add to the proper
'•T:;r^: Reserve Fund for major capital repairs, replacement, and impro cements for Association properties.•
The Board shall cause a copy of the Budget to be distributed to each member promptly after the
Budget is prepared and approved by the Board and shell cause a copy of the Budget to be posted at
the principal office of the Association. In the avant the Association does not have an address for any
23
901, =•7,'9
• • •tic.; • c y ! ' ' r f �.i1 -.' `..a 2 t ri • • "i,. .' � ,l
,.
'/
• 241.i3ti2 R-14b5 P-712 11/01/94 02:361' (K) 33 OF 42
member, such posting shalt be deemed delivered to any such member. At the Budget shalt bg
published in such newsletter. Copies of the Budget shall be made available by the Association to any,
members requesting a copy of the same upon payment of the reasonable expenses of copying the
same.
i1 ; Section 9.15 No Disbursements To Abate Adjginina Nuisances. Nothing In this Declaration
shall be construed so as to permit the Association to use any Assessments to abate any annoyance
or nuisance emanating from outside the physical boundaries of the Association Area. ,
,i.
`.
Section 9.18 Assessment for Unsold Sites. Declarant, for so long as Declarant retains title
to a site, whether improved or unimproved, and provided that no portion of the site has been used ,
or occupied for residential purposes,shall be exempt from the payment of a portion of any Assessment
against such site, provided the financial stability trl the Association will not be jeopardized. Such
• exempt portion shall not exceed seventy-five portent 175%) of such Assessment, in which event
Declarant shall pay an amount of not less than twenty-five percent l25%) of such Assessment.
Section 9.17 Supplemental Administratjyll Functions. Subject of Section 9.13 of this
Declaration, If the Board levies and AFCA or PFCA in an amount less than the Maximum AFCA or.
applicable Maximum PFCA for any calendar year, the Board by majority vote may thereafter levy one.
or more supplemental AFCAs or PFCAs during such calendar year, if it determines that the important
and essential functions of the Association cannot be funded by such lesser AFCA, PFCA or applicable.
In no event shell the sum of the Initial and supplemental AFCA,as the case may be,for a calendar year
i exceed the Maximum AFCA,Maximum PFCA permitted for that year except as provided In said Section
9.13.
Section 9.18 Member Aooroval of Increased in Maximum Common Asaeeament. if the Board
of Directors,by majority vote,determines that the important and essential functions of the Association
will not be properly funded in any one year or in any one year and subsequent years by the amount
a of the Maximum AFCA or Maximum PFCA, it may call a meeting of appropriate members requesting
approval of a specified increase in the Maximum AFCA or Maximum PFCA, or any of them, for either
one year or for that one year an done or more of all subsequent years. An increase in the Maximum
• AFCA or Maximum PFCA for any one year or for any one year and all subsequent years shall require
the approval of members representing two-thirds (2/3) of the entire voting power of the Association
(exclusive of the voting power exercisable by Declarant).
Section 9.19 Commencement of Common Assessments--Assessment Ares. Subject to the
provisions of Section 9.16 of this Declaration, Common Assessments shall commence as to each site
within an Assessment Area on the first day of the first month following the date of Recordation of the
first Deed conveying the site within that Assessment Area. The Common Assessments for the then
current calendar ,oar shall be prorated within an Assessment Area on the basis of the number of
months in such calendar year remaining from the date of commencement of such Common
Assessments to the and of the calendar year.
Section 9.20 Payment of Assessment. Common Assessments shall be due and payable'in
advance to the Association by the assessed member during the calendar year in equal monthly
installments, on or before the first of every month, or in such other manner and on such other dates
as the Board of Directors may designate in its sole and absolute discretion. Notice of the amount of
the Common Assessments shall be given to each member prior to January 1 of each year.
Section 9.21 failure to Fix Assessment. The failure by the Board of Directors to levy an
Assessment for any year shall not be deemed a waiver or modification with respect to any of the
• provisions of this Declaration or a release of the liability of any member to pay Assessments, or any
24
W':
961619
, 1
1.1
241.332 1i-14b5 P-712 11/01/94 02:361' PG 34 OF 42
• t
Installment thereof, for that or any subsequent year. In the event of such failure, the amount of the
;' common A ment for that year shall be the sum of the Maximum AFCA, Maximum PFCA.
} No abatement of the Common assessment or any other Assessment shall be claimed or allowed
�: for inconvenience or discomfort arising from the making of repairs or improvements to Association
' properties or from any action taken to comply with any law or any determination of the Board of
"a Directors or for any other reason.
i f I'
Section 9.22 Special Aaagssments for Capital Expenditure;. In addition to Common
Assessments, the Board of Directors may, subject to the provisions of this Section, levy Special
Assessments for the purpose of raising funds not otherwise provided under the budget from Common
(,, assessments to construct or reconstruct, repair, or replace capital improvements upon Association
properties,Including necessary personal property related thereto; to add to the Association properties;
a' to provide for necessary facilities and equipment to offer the services authorized in this Declaration:,
or to repay any loan made to the Association to enable it to perform the duties and functions.
authorized in this Declaration. The Board of Directors shall not levy Special Assessments without the'
vote of the members representing at least two-thirds(2/3)of the voting power residing in the Owners
of sites subject to the Special Assessment. Special Assessments for capital improvements which may,
t. be used by all members of the Association shall be levied solely on the basis of, and in proportion to,
1/_ the AFCA Units attributable to sites of the members.
r,' Section 9.23 Reimbursement A.;sessmente. The board of Directors may, subject to the
y ( provisions hereof, levy an Assessments against any member if the willful or negligent failure of the
member or a person claiming through the member to comply with this Declaration, the Articles of
{"'' Incorporation, the Bylaws, or the rules and regulations shell have resulted in the expenditure of the
funds to be expended by the Association to cause such compliance. Such Assessment shall be known
as a reimbursement assessment and shall be levied only after Notice and Hearing. The amount of the
reimbursement assessment shall be due and payable to the Association thirty (30) days after notice
• to the member of the decision of the Board of Directors that the Assessment is owing.
•
Section 8.24 Late Chases and Interest. If any Common Assessment, Special Assessment,
or reimbursement assessment or any installment thereof is not paid within thirty (30) days after it is
due, the member obligated to pay the Assessment may be required to pay a reasonable late charge to
be determined by the Board. Any Assessment or installment of"an Assessment which is not paid
within thirty (30) days after the date of any Notice of Default given under Section 9.26 and prior to
the Recordation of a Notice of Lien under Section 9.29 hereof shall bear interest from the date of
Recordation of the Notice of Lien at the highest rate then established by statute in Colorado for interest
on damages from personal injury or on judgments in other actions, whichever is higher,but in no event
'`: less than eight percent I8%) per-annum simple interest. 1''
71"' Section 9.45 Attribution of Payments. If any installment of a Common Assessment payment
K'14 t is less than the amount assessed and the payment does not specify the Maintenance Fund or Funds
into which it would be deposited, the receipt by the Association from that Owner shall be credited in
the following order of priority: (a) to the Public Functions Reserve Fund until that portion of the PFCA •
has been satisfied; Ib)to the Administrative Functions Reserve Fund until that portion of the AFCA has
been satisfied; lc) to the Public Functions Operating Fund until that portion of the PFCA has been
satisfied; Id)to the Administrative Functions Operating Fund. In each of the foregoing cases, receipts
shall be credited first to interest, attorneys' fees and other costs of collection, and next to principal
reduction, satisfying the oldest obligations first followed by more current obligations, in accordance
with the foregoing order of priority.
25
961609
• ,:
241)382 11-1465 P-7I2 II/01/04 02:)6P PG 35 OF 42
ry '
Section 9.26 Notice of Default and Acceleration of Assessmana. If any Common;'
Assessment,Special Assessment,or Reimbursement Assessment or any installment thereof is not paid
within thirty (30) days after its due date, the Board of Directors may mail a notice of default to the
Owner and to each first mortgagee of the site who has requested a copy of the notice. The notice.
shall specify (a) the fact that the installment Is delinquent; (b)the action required to cure the default;
• lc) a date, not less than thirty (30) days from the date the notice is mailed to the member, by which
.1 such default must be cured; and (d) that failure to cure the default on or before the date specified In
the notice may result in acceleration of the balance of the Assessment or the installments of the
Assessment for the then current ^,alendar year and the filing and foreclosure of the lien for the
Assessment against the site of the member. The notice shall further inform the member of any right
to cure the default after acceleration and of any right to bring a court action to assert the non-
• existence of a default or any other defense of the member. If the delinquent Assessment or installment
and any late charges or interest thereon are not paid in full on or before the date specified In the
notice, the Board, at its option, may declare all of the unpaid balance of the Assessment to be
immediately due and payable without further demand and may enforce the collection of the full
Assessment and all charges and interest thereon in any manner authorized by law in this Declaration,
subject to the protection afforded to mortgagees under this Declaration. d!'
Section 9.27 Remedies to Enforce Assessments. Each Assessment levied hereunder shalt,
be a separate, distinct, and personal debt and obligation of the Owner or member against whom the
same Is d. In the event of a default In payment of any Assessment or installment thereof,;
whether Common, Special, or Reimbursement, the Board may, in addition to any other remedies
provided under this Declaration or by law, enforce such obligation on behalf of the Association by
suitor by filing and foreclosure of a lien as hereinafter provided.
Section 9.28 jrawsuit to Enforce Assessrlt fit. The Board may bring a suit at law to enforce
any Assessment obligation. Any judgment rendered in such action shall include and late charges,
interest, and other costs of enforcement, including reasonable attorneys' fees In the amount as the
court may adjudge, against the defaulting Owner or member.
Section 9.29 Lien to Enforce Assessment. The Board may also elect to file a claim of lien
against the site of the delinquent Owner or member by Recording a notice ("Notice of Lien") setting
forth (a) the amount of the claim of delinquency; (b1 the interest end costs of collection which have
accrued thereon; (c) the legal description and street address of the site against which the lien is
claimed; and Id) the name of the Record Owner thereof. Such Notice of Lien shall be signed and
acknowledged by en officer of the Association. The lien created by the Notice of Lien shall be prior
to any declaration of homestead rights Recorded after the time that the site becomes a part of the
Association Area. The lien shall continue until the amounts secured thereby and all subsequently
accruing amounts are fully paid or otherwise satisfied. When all amounts claimed under the Notice of
Lien and all other :oats and assessments which may have accrued subsequent to the filing of the
' Notice of Lien have been fully paid or satisfied, the Association shall execute and Record a notice
releasing the lien upon payment by the Owner of a reasonable fee as fixeC by the Board of Directors
to cover the cost of preparing and Recording the release of the lien. Unless paid or otherwise satisfied,
the lien may be foreclosed in the manner for foreclosure of mortgages in the State of Colorado. !
rr
Section 9.30 bt000el Certificates. Upon payment of such reasonable fee as may be
determined from time to time by the Board of Directors, and upon the written request of any member
and any person with, or intending to acquire, any right, title, or interest in the site of such member,
4 the Association shall furnish a written statement setting forth the ariount of any Assessments or other
amounts, if any, due and accrued and then unpaid with respect to a site and the Owner thereof, and
setting forth the amount of any Assessment levied against such site which is not yet due and payable.
Such statement shall, with respect to the person to whom it is issued, be conclusive against the
ra.
k:5,
28
``' 961609
• A tt+ F r ^r ,rr n.yH}tibr.'� tr t h•-.`A;.
1.
1 '
2413382 11-1465 P-712 11/01/94 02:36P PG 36 OF 42
• Association and all parsons for all purposes,that no greater or other amounts were then due or accrued
and unpaid and that no other Assessments have been levied.
Section 9.31 No Offsets. All Assess menu'shall be payable in the amounts specified in the
levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without
limitation, any claim that the Association or the Board of Directors is not properly exercising its duties
and powers under this Declaration.
ARTICLE X
MISCELLANEOUS
Section 10.1 Term of Declaration. Unless amended as herein provide, each provisioq
contained in this Declaration which is subject to the laws or rules sometimes referred to as the rule
restraints on alienation shall continue and remain in full force and effect for a period of twenty-one(21)
years following the death of the survivor of Thomas J. Roche and the now living children of said
person, or until this Declaration is terminated as hereinafter provided, whichever first occurs. Unless
amended as herein provided, all other provisions, covenants, conditions, restrictions, and equitable
• servitudes contained in this Declaration shall be effective until December 31,2050, and thereafter shall
be automatically extended for successive periods of ton 110)years each unless terminated by the vote,
by written ballot, of members holding at least seventy-five percent (75%1 of the voting power of
members of the Association at duly constituted meetings of the members. The termination of this
Declaration shall be effective upon the Recording of a certificate, executed by the President or a Vice
President and the Secretary or an Assistant Secretary of the Association stating that this Declaration
has been terminated by the vote of members as provided herein.
Section 10.2 Amendment of Declaration by Declarant. Until the site subject to this
Declaration has been conveyed by Declarant by deed Recorded in the office of the Clerk and Recorder
of Weld County, Colorado, any of the provisions, covenants, conditions, restrictions, and equitable
servitudes contained in this Declaration may be amended or terminated by Declarant by the
Recordation of a written instrument, executed by Declarant, setting forth such amendment or
termination.
Section 10.3 Amendment of Declarollgx.bv Members. Except as otherwise provided in this
Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent 0!
Declarant or others, any provision, covenant, condition, restriction, or equitable servitude contained,
in this Declaration may be amended or repealed et any time and from time to time upon approval of
•
the amendment or repeal by members of the Association holding at least seventy-five percent (76%)
F of the voting power of the Association present In person or by proxy at duly constituted meetings of
the members. The approval of any such amendment or repeal shall be evidenced by the certification
,' by the members .o the Board of Directors of the Association of the votes of members. The
amendment or repeal shall be effective upon the Recordation in the office of the Clerk and Recorder,
of Weld County, Colorado, of a certificate, executed by the President or a Vice President and the
Secretary or an Assistant Secretary of the Association setting forth the amendment or repeal in full
and certifying that the amendment or repeal has been approved by the members.
• Section 10.4 Required Consent of Declarant to Amendment. Notwithstanding any other
provision in this Declaration to the contrary, any proposed amendment or repeal of any provision of
Article VII of this Declaration shall not be effective unless Declarant has given its written consent to
such amendment or repeal, which consent may be evidenced by the execution by Declarant and of any
certificate of amendment or repeal. The foregoing requirement for consent of Declarant to any
amendment or repeal shall terminate at such time as all property in the community Area has become
fi
27 •
961,609 •
11 f1 1 r � <
1P • ,
2413312 B-14b5 P-712 11/01/94 02:36P PG 37 OF 42 FR1
i►
part of the Association Area and the lest site within the Association Area has been sold end conveyed'
by Declarant.
Section 10.5 Amendment of Articles and Ddata. The Articles of incorporation and Bylaws
may be amended in accordance with the provisions set forth In such instruments or, in the absence'
of such provisions,in accordance with applicable provisions of the Colorado Nonprofit Corporation Act
Section 10.8 Snedal Riohts of First Mortaagaea. Any first mortgagee (meaning a mortgage
► with first priority over other mortga{,es) of a mangey,encumbering cry site in the Association Area,
upon filing a written request therefor with the Association, shall be entitled to (a)written notice from
the Association of any default by the Mortgagor of such site in the performance of the Mortgagor's
obligations under this Declaration, the Articles of Incorporation, the Bylaws, or the Rules and
regulations, which default is not cured within sixty (60) days after the Association learns of such
t default;WI examine the books and records of the Association during normal business hours;(c)receive
•i a copy of financial statements of the Association including any annual audited financial statement
• within ninety (90) days following the end of any fiscal year of the Association; (d) to receive written
notice of all meetings of members; le) designate a representative to attend any meeting of members:,
I If)receive written notice of abandonment or termination of the Association or of the plan contemplated,�
under this Declaration; (gl receive thirty (30) days' written notice prior to the effective date of any
proposed material amendment to this Declaration, the Articles of Incorporation, or the Bylaws; (hl
receive thirty (30) days written notice prior to the effective date of termination of any agreement for
•
professional management of the Association or the Association properties following a decision of the
Association to assume self-management of the Association properties;and(i)immediate written notice'
as soon as the Association receives notice or otherwise learns of any damage to the Association-
properties if the coat of reconstruction exceeds Ten Thousand Dollar (310,000) and as soon as the
Association receives notice or otherwise learns of any condemnation or eminent domain proceedings
or other proposed acquisition with respect to any portion of the Association properties.
•
Section 10.7 First Mortuaries Exemption from Riahts of First Refusal. Any such first
'' mortgagee who obtains title to any site pursuant to the remedies provided in the mortgage held by
such first mortgagee or pursuant to any foreclosure of mortgage or by deed or assignment in lieu of
foreclosure shall be exempt from any right of first refusal if any such right of first refusal is ever
contained in this Declaration or any Supplemental Declaration.
Section 10.8 priority of First Mortoaae Over Assessments. Each first mortgagee of a
mortgage encumbering a site who obtains title to such site pursuant to the remedies provided in the
mortgage, by Judicial foreclosure,or by deed or assignment in lieu of foreclosure shall take tide to the
site free and clear of any claims for unpaid Assessments or charges against such site which accrued
prior to the time such holder acquires title to such site, other than allocation of any deficiency prorated
• among all member of the Association.
P',,,, Section 10.9 First Mortgagee Right To Pp Taxes and Insurance Premium. Any such first
a;ll f mortgagee or any such first mortgagees, Jointly or singly, shall be entitled to pay any taxes or other
;, charges which are in default and which may or have become a charge against any of the Association
a properties and may pay any overdue premiums on hazard insurance policies for any Association
properties, and the first mortgagees making such payments shall be entitled to immediate
reimbursement therefore from the Association. ,.
Section 10.10 Association Right to Morton,Information. '28th Owner hereby authorizes shy
first mortgagee holding a mortgage on such Owner's site to furnish information to the Association
concerning the status of such first mortgage and the loan which it secures.
•
28 961609
• I
2413382 fl-1465 P-712 11/01/94 02:36P PG 33 OF 42
Section 10.11 Special Approvals by First Mutants. Unless at least seventy-five percent
(15%) of the first mortgagees (based upon one vote for each mortgage owned) of sites in the,
Association Area have given their written approval, neither the Association nor eny member shall (s)
by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the Association'
properties or the improvements thereon which are owned, directly or indirectly, by the Association' •
(except that the granting of access easements, utilities easements, drainage easements, and water
facilities easements or easements for other public purposes consistent with the intended use of such
property by the Association shall not be deemed within the meaning of this provision); (b)change the
method of determining the obligations, Assessments, or other charges which may be levied against
members or the method of allocating distributions of hazard insurance policy proceeds or condemnation l
awards; (ci by act or omission change, waive, or abandon any scheme of regulation, or enforcement .•
thereof, pertaining to architectural approval of improvement to property including the architectural
design of the exterior appearance of dwelling units, the exterior maintenance of dwelling units, or the
upkeep of lawns and plantings on the Association properties;(d)fail to maintain the casualty, fire, and
extended coverage insurance on insurable Associaition properties as elsewhere provided in this
Declaration; le) use hazard insurance proceeds for louses to any Association properties for other than
the repair,replacement, or reconstruction of the improvements which were damaged or destroyed;and
(ft amend any material provisions of this Declaration, the Articles of Incorporation, or the Bylaws.
Section 10.12 Notices. Any notice permitted or required to be given under this Declaration
shall be in writing and may be given either personally or by mail, telephone, or telegraph. If served by
mail, each notice shall be sent postage prepaid,addressed to any person at the address given by such
person to the Association for the purpose of service of such notice,or to the site of such person if no
address has been given to the Association and shall be deemed given, if not actually received earlier,
at 5:00 p.m. on the second business day after it Is deposited In a regular depository of the United
States Postal Service. Such address may be changed from time to time by notice in writing to the
Association.
Section 10.13 persona Entitled to Enforce Declaration. The Association, acting by authority`.
of the Board, and any member of the Association shall have the right to enforce any or all of the
provisions, covenants, conditions, restrictions, and equitable servitudes contained in this Declaration
against any property within the Association Area and the Owner thereof. The right of enforcement
shall include the right to bring an action for damages as well as an action to enjoin any violation of any
provision of this Declaration.
Section 10.14 Violations Constitute a Nuisance. Any violation of any provision, covenant,
condition,restriction,and equitable servitude contained in this Declaration,whether by act or omission,
is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought
is for negative or affirmative action, by any person entitled to enforce the provisions of this
Declaration.
Section 10.15 Fnforcen)ent of Self-Help. Declarant or the Association,or any authorized agent
of either of them,may enforce,by self-help, any of the provisions,covenants,conditions, restrictions,
and equitable servitudes contained in this Declaration, provided such self-help is preceded by Notice
and Hearing as set forth in the Bylaws.
Section 10.18 Violations of Law. Any violation of any federal, state, municipal, or local law,
ordinance, rule, or regulation, pertaining to the ownership, occupation, or use of any property within
the Association Area is hereby declared to be a vioiatio,i of this Declaration and shall be subject to any
and all enforcement procedures set forth in this Declaration.
• •
29 •
961699
t i
241.1382 B-14b5 P-712 11/01/94 02:36P PG 39 OF 42
Section 10.17 Remedies Cumulative. Each remedy provided under this Declaration is
cumulative and not exclusive.
Section 10.18 roots end Attorneys' Fees. In any action or proceeding under this Declaration,
"•� the prevailing party shall be entitled to recover its costs and expenses in connection therewith including
reasonable attorney's fees.
Section 10.19 Limitation on Liability. The Association, the Board of Directors, the Design
Review Committee, Declarant, and any member, agent, or employee of any of the same shall not be
• liable to any person for any action or for any failure to act if the action or failure to act was in good
faith and without malice.
Section 10.20 No Representations or Warangal. No representations or warranties of any
kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or
employees in connection with any portion of the Community Area, or any improvement thereon, its
or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in
connection with the subdivision,sale,operation,maintenance,cost of maintenance,taxes or regulation
thereof, unless and except as shall be specifically set forth in writing.
Section 10.21 Liberal Interpretation. The provisions of this Declaration shall be liberally
construed as a whole to effectuate the purpose of this Declaration.
Section 10.22 Governing Law. This Declaration shall be construed and governed under the
laws of the State of Colorado.
Section 10.23 $everability. Each of the provisions of this Declaration shall be deemed
independent and severable, and the invalidity or unenforceability or partial validity or partial
enforceability of the provisions or portion thereof shall not effect the validity or enforceability of any
other provision.
Section 10.24 Number and Gender. Unless the context requires a contrary construction, the
• singular shall include the plural and plural the singular, and the masculine,feminine, or neuter genders
• shall each Include the masculine, feminine, and neuter genders.
Section 10.25 Captions for Convenience. The titles, headings, and captions used in this
Declaration are intended solely for convenience of reference and shall not be considered in construing
any of the provisions of this Declaration.
Section 10.28 Mergers or Consolidations. Upon a merger or consolidation of the Association
with another association, its properties,rights,and obligations may, by operation of law,be transferred
to another surviv' .g or consolidated association or,alternatively,the properties, rights,and obligations
of another association may, by operation of law, be added to the properties, rights and obligations of
the Association as a surviving corporation pursuant to a merger. The surviving consolidated
�,. association may administer and enforce the covenants,
Declaration governing the property,together with the covenants and restrictions established upon any
other property, as one plan.
Section 10.27 Disclaimer Renardino Safety. DECLARANT HEREBY DISCLAIMS ANY
OBLIGATION REGARDING THE SECURITY OF PERSON OR PROPERTY WITHIN THE COMMUNITY
AREA.
30
961609
•
I
3 ,� C +4 r 'k a ' d + a + a
{ /ft� ., ` ..r. '� i � ,� �""fw °��Y w���� ��t'«dk s a r�4�� �a�i,. �3FM+�
T
wJ, B 1l -lid • t5. l nPii , ; y"°, rc
`:;n' • L'AR21163b2 :r, 1l. , ARI 02118''162 ,,107;2¢/9a 14 15 "$12 00 1/004 ' ,0.1.r y '
.,t e, ,�,gR �. _ •„,•. , ' Y.ANNA�FEUERSTEIN?CLERIC S.RECORDER WELD'CO, CO '% *S , ;-
14 y �.rrete M , #, . , r,1. r l + ,
t DECLARAT ... COVENANTS„rCO13D�rTiONS;tAND RESTRICTIONS ! ' k+,
. ., FORD.,.{..N XT u . L M N
Irw MARTIN.>.BROTHERS4PLANNED+UNIT-DEVELOPME[iT'
THATgWHERa , MBran' Brothers, sa >'artnera})ip/;.hereinafter ,,{4 ., :
referred:),to-asrthe,Declarant",,;ts-'the>own'e ^of .th'atcerta n •' ` .' .:,/4,
"Its?. parcel:„of realiproperty,;ldcated in Weld;;County;. Colorado,:, known - ,`
, • as'MARTIN BROTHERS PLANNEDI,UNIT^DEVELOPMENT, and,.;being here- -' , 1, ' , Sy „ itl
-
„ .inafter•,referred s.to as "the..property", and , ✓1„ ', 4 ,• :"dyy
y + �e1r 4..,i
WHEREAS,y'Declsrant'desiree to ,create✓arid maintain='sbid . - `tiE`, , • •
real property•'as a quality residential dietractj s, :k r',
WHEREAS, Declarant desires
good. neighborhood,hppearance,
peace and.quietness, all..of which,is of-:value and;which.cans :
only be.enjoyed if all owners•refuse,to,do, or refuse to.,permit 4� , ' ;
certain acts,relating ,to the:,use of said:property: ,Therefore,
all owners of:th'e•aforesaid,property;,for..themselves, ,their
heirs,,.successors, assigns Land personal„represent'atives, •do hereby:; J,°,° ' ' ,
agree,,to'comply with+,all•,thercovenants' herein!set;forth,•,durinq' , !' , °
the,peri'od of;;these covenants. , Noncompliance;by,any owner.will
,,x
be cause;for refusal of:.:buil'di'ng;,permit ror.,such,owner will,be ,
subjec ;.to•a•decree ,of specific;performance-.andwpayment of + + s�
t'
attorneyy,feelosnd coste'.of any legal action.necessary to,enforce .31
these covenants.
I. Definitions
Section A. . "Owner" shall meantandyrefer to the record
. . . . owners,;whether;one or more,persons"or,entities of,;a,'fee(timpls .. 'r fr I..
title.to,any.Lot;„which,is;parti,of„the y,Property,_,includinq,.con-R, '' 0
tract:Sellers.orcowners,but.excluding#those having;-such: interest -'':,-IL
• merely,as security for the performance of,an obligation t ' :' Y±i
j Section B. "Property" shall'.mean and refer'to that•certain 4 .x h
• real property,hereinbefore described and:such:additions:thereto i° ) :
as:may:hereinafter be brought within the jurisdiction of these' . 7,i
covenants.
r•. Section C. "Lot",shall mean and refer to any;.plot of",,land "'" a" ;f I
shown on any recorded subdivision map of the:Property. ; . ;
Section D. "Committee" shall mean-and refer to the Ar-r , ), <, '
" ° chitectural Control Committee, hereinafter further defined'aM',i..,,• ' ..
• organized. '•' Ij ,91j •• , ' *'; ", j
,
II. Protective.Covenants, Building Restrictions and Architectural �,t ,'LL.,,,,,,! r , ., ,,,
Control Committee Y
1. Land U se. No Lot shall be used except for single-family " ,„.,., n .4 + I " ,,
residential purposes. No building,shall be.erected, altered, f
placed or permitted to remain on any:Lot other than one detached i' „ ,•"
single-family dwelling and private garage, attached or detached, "' ^,
and customary utility buildings related to residential use. • - ` . +
`} ; ji
2. Building:Size. We.agree not'to build and not to permit . 4' '-' '�""
or employ—E.-Otters to build homes on our property with less than • ,,,••11.e `,, a
1,000 square feet,of floor area if without a basements : , "P ,, 1
• and, if with a basement or a two-story, the home must have no I, 1 '1 '
leas than P00 square fest of first floor area. A, r .. 1W, . 4t:';I
••{ itn
_ 14..,'",:j1‘, 'A {
3. Basement Homes. No person or persons shall live in, ' " r''• �,,y,
' or permit others to live in, basement homes erected on the pro- y „
party. Basement homes shall mean dwellings wherein only the ' '—:
basements are ready for occupancy and the first floor area is A+z '
not complete or ready for occupancy.
4. Mobile Homes, Trailers. It will' not be allowed to i„, '
- l�`;�;'
,
park house trailers, mobile homes, including double wide uobile t * 1 + "
{ homes, on said property or to use trailers for dwelling put- 't +, 'r ,;" , 3 ,1
.
poses while parked on said property. ' `, I ; +' ' I
1D
' '` 9626 9
4') o AUG ES 1987 , x ,
r
° ,.Y y,}
�' B 117.. EC 02118362 10/20/87 14:15 41...J0 2/004 ^",p5 `�Y�+�''
p rc F 1880 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO a:"'°� ;y �
,A� c , , f, f� `lir I
t i` iy�{ - 2 - • & �!
�i 1 i ' ifs` s:^,, y' v '1
*4; tM1`, 1 t° Vt,
5. Locations of Improvements. No person or persons shall krrs 4' + ,, build nearer than sixty (60) feet from the center of the road 11034%**
,} , ? or the rear of the property, or nearer than forty (40) feet + ,', , '" '1'
4 of the side property lines. 'I, ,;a K: 'lit
LiP7 r''�r f' 4 al r 6. Neighborhood Appearance - Materials - Permitted Uses. 'I Rt IFS,$ c
' „ , rk,; No noxious or offensive activity shall be carried on upon any 4'",ti �"i
k z :///.11 8 qt; Lot, nor may anything be done which may be or may become a ) E � t` :5r
. tij b 'SO' nuisance or annoyance to the neighborhood. No Lot shall be used 31
�,� +GV ;p
{, , I +:tit,.,,, } R t for dumping ground for trash, rubbish, or other waste, ncr as of „
` ,rh ,11 rY '. a parking or storage area for vehicles or materials of any kind, .'y { • :" 1
# . t'41.
it
other than personally owned automobiles of the owner, and except „ ", �} }A"
f { y, t ' 1.' 41' for a reasonable term while a structure on said premises is under r.
�B 1.. construction. All property and premises shall be kept in a clean • e
' and sanitary condition at all times. No unsightly materials or � �} 'n`�'Ff��
any used car parts, used machinery parts, or used lumber and r'T# At '` 'ogtt
other unsightly materials shall be allowed on said property 1 A7, et' tpy, er"p'rY `,
within sight of the street. No inoperable automobiles or ' '40 3fi I(''P15(
+7 'i machinery shall be parked for a period of more than 30 days ','t, �., '-
and no unsightly machinery or vehicles shall be parked on the {z,' 1 14414$4 1
' land which will detract from the beauty of the area as seen
r , e , :
from the front yards and the front streets. Cars and pickup 11-1'1',.' '{ ''•
trucks in running order are not to be considered unsightly.
:'
„y''��ft�a,
: }" "' No buildings, additions, or fences made out of used materials ' s° ;
shall be allowed unless used materials are immediately painted .t' 4:A
or covered within 30 days. There are to be no buildings con- ,( t;. 11:94''; c.
structed with tar paper roofing or rolled roofing. There is to '++ ' tix, r
be no building constructed of metal unless it has baked on - - (.!i`r° ,C/'44t..„ �'
colored finish. albs "35 artr.
7. Work Uncompleted - Temporary Structures. No temporary , ,'V�;,1 as cl
structure may be started on the property unless completed within . :,1.4 k", ;`
h one year from the date construction is started. No structures
"`t' � ,s
of a temporary character, trailer, basement, tent, shack, garage, i1K '':;• ,411',7
(k 4L3 4it, t
barn or other outbuilding shall be used on any Lot at any time {i r , i .
as a residence either temporarily or permanently.
t 14 ''°f d 6 ,
- d 8. Junk Yards. No lot or any part of the property shall R) 41{x4 0 ,
be used for used car lots, car sales or storage, wrecking business , ' r,
or junk yards. 1y'� ;: r4'({i hr,l, .
e
9. Feed Lots. Nopart of the property shall be used for p ,
t ) feed lots. tF X
}' 10. Animals. There shall not be allowed more than four ' '
A
: Y , " - (4) anima eI psi scree on said property, dogs included, except , � t
D, ; as stated below, except hogs which will have a limit of two 1 ' ' a W
t." ' , „ (2) per lot or combination of lots comprising a building site. p19 �' "4.,
1.,/,'“ Except for laws governing the area, there will be no limit on ' 7^ txp'1' :,
r ,n t t;! the number of chickens and rabbits, or on animals under eight '' '4. .4,L'it
h , 1 weeks old, or on animals, or business enterprises or hobbies ''*,i , 4',
Ill
{� which in no way create unhealthy or unpleasant conditions for 1.4,, {k .
"1 the neighbors or which in no way damage the neighbors' lawns, l9 4 9 ,
or which do not detract from the peace and quietness of the , a( wl F,
' �
i , :` ti ; " area. A building or shelter will be provided for all grazing 1 �� �'$'
) t ' '. or nongrazing animals unless kept within the home. ' 1` '+�� �� ,r
k2
'jl= .:4 11. Barking Dogs. Except for dogs which bark only in the ,„)# k p t,t
;,. t ' presence of strangers, intruders, or trespassers, no barking e;4� x , {kk,(
Ir ' dogs shall be allowed on said property. Dogs which bark longer4 y
� s ' .;," ,�
y �� than ten minutes, continuously, without any of the above reasons, 3 'Fmt� r
Ka ' u shall be considered undesirable. Y�
kste
}a, FIv i ,t< d
w+ ,I. 12. Trespassing. No children, or any animals or birds, ),a`� 1 ±a
'S
!+ s° 1; such as pigeons, owned by us or under our control, shall be T), . °�
"4 a" allowed to trespass on the land of others in the area, without ° !
'`'3 the express consent of those upon whose land the children or r ' `"
2 1
i04-1111,11 , ,. animals are trespassing. , }y.
,
961609 1� -.? '1` ;i.;1
y •.L �.a:�.�...0•u...r�.wr.•.0 a.uu��a.u�•u.. ..' _.u..s' •. u:��..�+rLw•..s.0 ua>:aruvwtu.-.l ww.ult a.. .:..-:.. u W
>b,?c :
1��/ r a' s. ❑ 1173 1 02118362 10/20/87 14:15 >12. 3/004 x `�
•'''' e °t + F 1881 M7. .f ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO tali
rn
3 t K r,. 'Ji — 3 at i +ttN`n..,,
f f rte t ii,. •Jt,r.t
r+ 13. Breeding. No breeding of animals shall be allowed ..A m/sa° +1 ,i
� ' on the aforesaid property unless the breeding areas are shielded , '�, rk
from the view of the neighbors. '''t'+5 'bn YS1
i e1 .tii°"' 7 1 bAk^'f
� 5 . 14. Health. No unhealthy conditions will be allowed or W' f a '��% 1'
maintained on the property which might spread disease, bad s "+� r, .. "
odors, dust, or harm 'the health of neighbors. For example: t r u;..', t'{
dead animals, smelly rotten vegetables, stagnant odorous water, !
sloppy overcrowded animal pens with wet manure several inches , t, l\ r ".,
deep, remaining on the aforesaid land seven days or more, shall z , t
3f ' ,
be considered in violation of this covenant. On the other hand,
animal pens with customary care and cleanliness are to be ac- ." f4 i' T.� N
cepted. } e{ '!
•
15. Dust. No overgrazing or other use of the land shall yiE '7 '
be permitted in such a way as to present a continuous dust storm :4`,4,1,,`, ',,..1i7,124,:',� r1
.r„
potential. For example, if land is plowed and harrowed without
immediate reseeding or planting or most of the vegetation is •/ ¶,•04-, -,.
destroyed ny animals or otherwise bared over an area of one-half
acre or more, said area shall be considered a dust storm poten-
tial. ,*�r ,.r
15 't5 4
16. Weeds and Wind. No weeds or tumbleweeds or other ob- ",4i‘i +,
noxious vegetation shall be permitted. Papers, trash or rub- ,,; ,��• .�
bish or other obnoxious materials shall not be allowed to blow '' ,
t.• . , over on the neighbors' property. " ';, ', fir° � <
Kit r '
17. Noise, Hazards and Other Uses. No noisy animals or , ° �
•
birds,. or.noisy industrial or noisy commercial activities, or •;j• • 'r,*`
industrial or commercial work which creates obnoxious smog,
x'� t,rh
bad odors and objectionable noises shall be allowed on the •-a. M ' t-e'{i
property. These covenants, however, are not intended to eliminate 'N ,y..
agricultural activity, or other activities that do not damage 'c, '� ,r„:,, f,
the neighbors. It is understood that the zoning will remain for y
agriculture unless modified by a majority of the owners. i.1411
i ` ,"
rft�, 1
‘A' 18. Minerals Extraction. No mining or extraction of miner- ll jj
als shall be permitted on any Lot. ` l:ti
rt 4+ . r ..
19. Fences. All fences and structures at the intersections `�� 'UT i .k*
shall conform to County regulations to prevent obstruction of t1 ;o
usual safety sight lines. , k M,.
20. Architectural Control. No building shall be erected, I; :
placed or altered on any building Lot, nor shall any wall, fence ; '
1 or other enclosure, be located thereon, until construction plans
and specifications, including exterior colors for painted and 4
stained surfaces, plot plan and roadways have been submitted to ; �.i„
1 ` and have been approved by the Control Committee, as to quality t�`
of workmanship and materials, harmony of design with surrounding �..
structures, exterior colors, and location with respect to topo- { ,
.� graphy and grade. imp
',it r- ''' 21. Membership to Committee. The Architectural Control 1'' �,'i"i,G,f4F..
fl } �s Committee— s composed of John T. Martin, James I. Martin and 1 r`•0
r , s` Burl Van Buskirk, 604 1st Street, Fort Lupton, Colorado 80621. Fr,' ,,
1 A majority of the Committee may designate a representative to >}�. 3 p We!.
+ ' ' � act fur it in the event of death or resignation of any number ,, Y3 ,,,i
' , of the Committee, the remaining numbers shall have full authority , . , yi
• to designate a successor. Neither the members of the Committee, �� ! N T.2.',
nor its designated representative shall be entitled to any com- `ra4' „ ' irne
° pensation for services performed pursuant to this covenant. ,, `'EiF
At any time, the then record owners of a majority of the lots 1+ 'th 1 +•. •.
sa r :;. shall have the power through a duly recorded written instru- a '
•�t 1'�,
tD ' 4�: 1;. fmuntrom to change the membership of the Committee or to withdraw 444 r aWl
rya +,. Ir^,' from the Committee or restore to it any of its powers or duties. •, •- At -h
kii �' 22. Procedure. The Committee's approval or disapproval as ta`w , .
.ii,r,7,14,, r; Cr rr r .64-,.
1 " 4 961619 tit" 'rai, t
` �;��� ..// 2, • ' 4 'Y
Y M qt ' '
S t � fa
•
0 1173 REC 02118362 10/20/87 Tf4115 '8'12.00 4/004 •
F 1882 MARY ANN FEUERSTEIN CLERK& RECORDER WELD CO, CO
- 4 -
required in these covenants shall be in writing or indicated' ,t
on the builder's set of plans and specifications. In the
event the Committee or its designated representative fails to
approve or disapprove within thirty (30) days after plans and
specificationshave been submitted to,.it, or in any event if- '`
no suit to enjoin the construction has been commenced Prior to
•
the completion thereof, approval .will`not be required and the - `-'
related covenants shall be deemed to:havebeen fully complied 4
with.
23. Covenants to Run with the Land. These covenants ''Te are to run with the land and shall be ,binding.on all parties
and all persons claiming under them until January 1, 1994, at
which time said covenants shall be automatically extended for
successive periods of five (5) years, 'unless by vote of two-
thirds (2/3) of the then owners ofthe,Lots.it is then agreed -Itk-
1'
to change said covenants in whole orin part. These Protective
Covenants may be modified in whole ortin.part,.at.any time by a °}duly written and recorded instrument executed:by two-thirds
(2/3) of the then record owners.ofathe"Lots, based on one vote . ::b9
for each of the lots in the subdivision.
24. Periods of Enforceability If'the parties hereto, _ h, .
-------- -ror-any-of-them, or-'their heirs or apsJfgns, "shall.violate or 1
attempt to violate any of the covenants,!,herein, it shall be
lawful for any other person,or pgrsonsLwning:any real pro ' ' ,
. . • perty, situated in said development or,'.aubdivision to prosecute.
any proceedings at law or in equity against th'e:person;or per
eons violating any such covenant, and either prevent him 4or them from so doing Or to recover, damages or other dues for .' ,
such violation.
25. Invalidation. Invalidation of.any one of these coven
ants by judgment or court order shall,tin nowise effect any of :'
the other provisions which shall remain;in full force and'effect.
IN WITNESS WHEREOF, the parties ,hereto`set their hands and -. "
seals the day and year hereinafteer��written.
DATED this aS'FR day of Mir 7A.,
U ,1987.
MARTIN BROTHERS, a Partnership
J nT . Martn = ♦t
6'
•
J ea ertin
STATE OF COLORADO ) + a' ,i.r,�
) as.
COUNTY OF WELD ) � };,
The foregoing instrument was ac1)nowl'edgedfbefore me':this - t
ff''''' l day of .usi-^ , 1987*'by""John;T.`.Nartin ''and"James
65 t. " ?,W pr Partne of MARTIN;BROTHERSpa°.Partnership. .
(5 {'O7 ' itness my hand and official seal'
A ° " r t'
lot:, bdLAy Commission expires* Q-'1-Ma.
�! iTr y
fA.
10l60;.t' �h t'.
` ka Hui 961699 1'
a ,
' p1
Hello