HomeMy WebLinkAbout972084.tiffOi
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Boundary and Joint Use Agreement
This Agreement between 4 .e/R7/A/ Lieo72/ 5
hereafter referred to as "Developer", the ,co '/Pet: k-s%y,r
Homeowner's Association, hereafter referred to ae::"Association" and
The Farmers Reservoir and Irrigation Company, hereafter referred to
as "FRICO" dated this SL day of Qece,yseie, 1996. is as follows:
WHEREAS Developer is the owner of a certain tract of land
(hereafter referred to as "Property", located in Weld County
Colorado mare specifically described on Exhibit "A"; and
WHEREAS Developer is providing for the subdivision of all or
a portion of the Property into residential tracts approximately
three acres in size; and
WHEREAS FRICO is the owner of a certain right of way for the
Speer Canal which is and has for many years been located over and
across the Property; and
WHEREAS the parties desire to define with particularity the
location and boundaries of the easement occupied and used for the
Speer Canal and to provide for the joint use of portions of the
canal as provided below
NOW THEREFORE it is agreed as follows:
1. FRICO and Developer ratify and confirm the existence and
right of use of an easement for the Speer Canal over and across the
Property as more particularly described on Exhibit "B" attached
hereto and made a part hereof. The easement hereby confirmed is
hereafter referred to as the "Easement".
2. The parties acknowledge that the primary use of the
Easement shall be and remain for the delivery of irrigation water
to FRICO.'s shareholders. FRICO shall have and retain the right to
operate and maintain the Speer Canal in the manner which is
appropriate in FRICO's discretion.
3. FRICO agrees that certain recreational uses as set forth
below are not inconsistent with FRICO's use of the Easement for the
operation of the Speer Canal as long as such uses are conducted as
provided below:
A. Residents, guests and invitees of owners of property
within the Association may utilize the roadway adjacent to the
speer Canal within the Easement for non -motorized recreational
uses. Recognizing that water is run is the canal at irregular
times and amounts and that erosion of the canal embankments may be
a significant problem, no recreational uses of the area within the
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canal embanivaents_or the canal itself shall be permitted.
Explicitly, no recreational uses such as floating, swimming or
otherwise being within or upon the water in the canal are to be
permitted. No structures or improvements shall be placed within
the Easement absent FRICO's written discretionary permission.
Crossing from side to side thorough the ditch, particularly by
bicycles and horseback riders, has in other locations resulted in
sever erosion of FRICO's canal embankments and is not to be
permitted under this agreement.
B. The Association shall have the responsibility to insure
that the uses permitted by its members, families and guests shall
not damage canal, increase erosion of the canal embankments or
interfere with the delivery of water through the Speer Canal.
Consistent with the Association permitting recreational use of the
roadway along the Speer Canal, the Association shall provide for
gravelling or other surfacing which. will prevent horses from
creating rough road surface, and the Association shall mow or
otherwise control the weeds and growth along the roadway for
compliance with Weld County regulations. The Association shall
periodically grade the canal road in common with other roads within
the Development where the canal road has become rough or pitted due
to recreational uses permitted by this agreement (FRIco's
experience in this regard is that horseback riders in wet
conditions causes significant roughening of the roadway so as to
make continued travel along the ditch right of way by FRICO's
'employees difficult and damaging to the employees' vehicles.) such
pitting or roughening of the canal roadway, should such prove to
occur in the future, will be smoothed as soon as practical by the
Association.
C. At the express request of the Association FRICO will not
fence or otherwise restrict access within the Easement, so long as
the terms of this Agreement remain in full force and effect. As an
express condition of not fencing or otherwise restricting access
along the Speer Canal, the Association shall have the right and
responsibility to enforce provisions carrying out the terms and
conditions of this Agreement as part of the Rules and Regulations
of the Association, which Rules and Regulations shall be a covenant
running with the land in the Development.
Specifically, it shall be the responsibility of the
Association to insure that its members are aware of the natural
hazards of an irrigation canal, particularly to small children, to
insure that children are properly supervised and to provide
warnings or other protective actions to adequately insure the
safety of the members of the Association, their families and
guests.
Recognizing that notwithstanding all of the above FRICO's
potential liability is increased by permitting recreational access
within its easement, the Association agrees to indemnify and defend
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FRICO from any claim or demand arising from any of its members',
family of members, guests' or permittees' use of the Easement as
set forth in this Agreement.
The Association shall additionally obtain and maintain a
policy of general liability insurance, inclusive of automobile
coverage, naming FRICO as a co-insured for that portion of .the
Speer Canal within the Easement. Such insurance shall be primary
to any other insurance maintained by FRICO, shall provide for
coverage of sole negligence agaira�st FRICO, and shall be in the
amount of not less than �,, UUO,00a per person.
$ 11p(X7,000 aggregate. The amount of insurance shall be
incleased on every fifth anniversary cf this Agreement by the ratio
of the amount of insurance which is equal to any increase in the
Consumer Price Index, measured by the then most current United
States Department of Labor publication, All Urban Consumers, U.S.
City Average.
4. FRICO agrees to cooperate with the Association in
providing for the joint uses of the Easement as set forth herein,
but FRICO reserves the right to terminate joint access to the
Easement in the event of non-compliance with the terms and
provisions set forth herein.
5. This agreement shall inure to the benefit of the heirs,
successors and assigns of each of the parties.
Dated the date above written.
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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR BUFFALO RIDGE ESTATES
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF BUFFALO RIDGE ESTATES
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
BUFFALO RIDGE ESTATES (the "Declaration") is made as of August , 1997, by Martin
Brothers, LLC, a Colorado limited liability company (the "Declarant").
RECITALS
A. Declarant is the owner of the "Property" (as such term is defined below), located in
the County of Weld, State of Colorado. The Property initially subjected to this Declaration is
depicted as Buffalo Ridge Estates, Phases 1-7, recorded in the real property records of Weld County,
Colorado in Plat Book , at Pages and , on , 1997, at
Reception No. (the "Plat"). A copy of the Plat is attached hereto as
Exhibit A. The Property consists of 52 Lots, plus the streets identified therein. The identifying
numbers for the Lots of the Property are attached hereto as Exhibit B.
B. The Property consists of approximately 195.472 acres and is part of the planned
community commonly known as "Buffalo Ridge Estates."
C. Declarant, as a "Developer" has subdivided the Property into 52 Lots and associated
Common Areas. Further, Declarant now desires to create a planned community and to establish
certain mutually beneficial easements, covenants, restrictions and equitable servitudes for the
cooperative development, improvement, use, operation, maintenance, repair and enjoyment of such
planned community under a general plan for the purpose of enhancing and perfecting the value,
desirability and attractiveness of such planned community.
DECLARATION
NOW, THEREFORE, Declarant hereby declares that the Property is a planned community
within the meaning of the Act and shall be owned, held, conveyed, encumbered, leased, improved,
used, occupied and enjoyed subject to the following covenants, conditions, restrictions and equitable
servitudes in furtherance of, and the same shall constitute, a general plan for the subdivision,
ownership, improvement, sale, use and occupancy of the Property and to enhance the value,
desirability and attractiveness of the Property. This Declaration shall (i) run with the land and all
parts thereof at law and as an equitable servitude; (ii) bind all Persons having or acquiring any
interest in the Property or any part thereof; (iii) inure to the benefit of and be binding upon every part
of the Property and every interest therein; and (iv) inure to the benefit of, be binding upon, and be
enforceable by Declarant, its successors in interest; each Owner, their grantees, heirs and assigns and
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successors in interest; the Association and its successors in interest. The name of the planned
community created by this Declaration is Buffalo Ridge Estates.
ARTICLE 1
DEFINITIONS
1.1 Definitions. Unless the context otherwise_ specifies or requires, the following words and
phrases when used in this Declaration shall have the meanings specified below.
1.1.1 "Act" means the Colorado Common Interest Ownership Act codified at
Colorado Revised Statutes ("C.R.S.") §§ 38-33.3-101 et sea. as amended.
1.1.2 "Additional Lands" means lands which are contiguous to the Property which
is described on Exhibit A attached hereto. For the purposes of this Section, real property separated
from the Property on attached Exhibit A by Common Areas, public rights -of -way and/or any other
public property will be deemed to be contiguous.
1.1.3 "Architectural Review Committee" means the Committee described in Section
5 of this Declaration.
1.1.4 "Articles" means the articles of incorporation of Buffalo Ridge Estates
Homeowners' Association, Inc., a Colorado nonprofit corporation, presently formed or to be formed
by Declarant, which have been or will be filed in the office of the Secretary of State of the State of
Colorado, as the same may from time to time be amended.
1.1.5 "Assessments" means the Regular Assessments and the Special Assessments.
1.1.6 "Association" means Buffalo Ridge Estates Homeowners' Association, Inc.,
a Colorado nonprofit corporation, and its successors and assigns.
1.1.7 "Association Property" means all real and personal property now or hereafter
owned by, or leased to the Association.
1.1.8 "Beneficiary" means a mortgagee under a mortgage or a beneficiary under a
deed of trust, as the case may be.
1.1.9 "Board" means the Board of Directors of the Association.
1.1.10 "Bylaws" means the Bylaws of the Association which may be adopted by the
Board, as such Bylaws may be amended from time to time.
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1.1.11 "Common Area" means any portion of the Property together with all
improvements thereon owned by the Association itself for the primary benefit of all Members and
the Property as a whole including, without limitation, the Well System landscaped areas adjacent
to public rights -of -ways, landscaped areas within island and/or median areas associated with public
rights -of -ways, entrance areas, postal facilities, parking areas, trails, parks, gardens, detention or
retention facilities, Recreation Areas and other personal and real property now or hereafter owned
or controlled by the Association. Common Areas are subject to the terms, limitations, rules and
regulations provided in this Declaration and those established by the Board from time to time.
1.1.12 "Declarant"means Martin Brothers, LLC, a Colorado limited liability
company. The term Declarant shall also include one (1) or more successors in interest which have
been designated in writing (which writing shall be recorded in the Records) by the then existing
Declarant as a "Declarant" and who have purchased all or substantially all of the Property then
owned by the existing Declarant.
1.1.13 "Developer" means a Person, other than the Declarant, that purchases or owns
a portion of the Property for purposes of subdivision, development and/or resale.
1.1.14' Development Rights" means the rights hereby reserved by the Declarant to;
(i) annex and subdivide the Additional Lands or any portion thereof, and to make them subject to
this Declaration; (ii) create Lots and/or Common Areas within the Property and on the Additional
Lands; (iii) further subdivide Lots or convert Lots into Common Areas; and (iv) after annexation of
any portions of the Additional Lands, to withdraw portions of the then -annexed Additional Lands
from the planned community for conveyance to Weld County, the State of Colorado or any other
entity or individual to be used for streets, parks, utilities, water systems or for any other purpose for
the benefit of the Association and/or to comply with applicable ordinances, laws, rules or
regulations.
1.1.15 "First Mortgage" means any unpaid and outstanding mortgage, deed of trust
or other security instrument encumbering the Property or a portion thereof recorded in the Records
having priority of record over all other recorded liens except those liens made superior by statute
(such as, for example, general ad valorem tax liens and special assessments, mechanic's liens and
the Association's lien for Assessments).
1.1.16 "First Mortgagee" means any Person named as a mortgagee or beneficiary
under any First Mortgage, or any successor to the interest of any such Person under such First
Mortgage.
1.1.17 "General Common Allocation" means with respect to each Lot, the fractional
number obtained by dividing one (1) by 52, which number is the initial number of Lots in the
Project. The General Common Allocation shall mean, with respect to each Lot, the fractional
number obtained by dividing one (1) by the number of Lots in the Project, at such time as any
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Additional Lands are platted and subdivided. Fifty-two (52) is the total number of Lots existing
from time to time, excluding Lots which may be developed on Additional Lands.
1.1.18 "Improvement" means every structure and all appurtenances thereto of every
type and kind including, but not limited to, buildings, outbuildings, fixtures, utilities, patios, tennis
courts, swimming pools, garages, doghouses, mailboxes, aerials, antennas, roads, driveways, parking
areas, fences, screening walls, retaining walls, stairs, decks, landscaping, windbreaks, plantings,
planted trees and shrubs, poles, signs, exterior air conditioning units, water softener fixtures or
equipment, poles, pumps, wells, tanks, solar collectors, reservoirs, pipes, lines, meters, towers and
other facilities used in connection with water, sewer, gas, electricity, solar energy, telephone, regular
or cable television, or other utilities.
1.1.19 "Lot" means and refers to any plot of land shown upon any recorded
subdivision map or plat of the Property or any portion thereof, with the exception of the Common
Area, but including all appurtenances and improvements now or hereafter located thereon. The term
"Lot" is synonymous with the term "unit" as defined in the Act. The total number of Lots planned
for the Property by the Declarant in its sole discretion shall not exceed 52 Lots, exclusive of Lots
which may be developed on Additional Lands.
1.1.20 "Member" means any Person who is a member of the Association pursuant to
Section 4.2.
1.1.21 "Nondeclarant Votes" means the votes determined pursuant to Section 4.2
which are not owned or controlled by Declarant.
1.1.22 "Owner" means a Person or Persons (including Declarant or any Developer),
owning a Recorded fee simple interest in a Lot from time to time. Such term shall include a contract
vendee under an installment land, sales contract, but shall not include (i) the vendor under such a
contract; or (ii) a Person holding an interest in a Lot merely as security for the performance of an
obligation (unless and until such a security holder becomes an owner in fee simple of a Lot).
1.1.23 "Period of Declarant Control" means that period commencing upon recordation
of thisDeclaration and terminating 60 days after conveyance of 75% of the Lots that may be created
to Owners other than the Declarant. Notwithstanding the foregoing, the Declarant may voluntarily
(i) terminate the Period of Declarant Control, which election shall be in the sole discretion of the
Declarant; and/or (ii) surrender the right to appoint and remove officers and members of the Board
before termination of the Period of Declarant Control, but in that event, the Declarant may require,
for the duration of the Period of Declarant Control, that specified actions of the Association or the
Board, as described in a recorded instrument executed by the Declarant, be approved, by the
Declarant before they become effective .
1.1.24 "Person" means a natural individual or any other entity with the legal right to
hold title to real property.
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1.1.25 "Plans and Specifications" means any and all documents designed to guide or
control the construction of an Improvement including, but not limited to, those indicating size,
shape, configuration or materials; all site plans; excavation and grading plans; foundation plans;
drainage plans; landscaping and fencing plans; elevation drawings; floor plans; specifications on all
building products and construction techniques; samples of exterior colors; plans for utility services
and all other documentation or information relevant to the particular Improvement.
1.1.26 "Project" means the common interest community created by this Declaration
as shown on the Plat, consisting of the Property, the Units and the Common Areas.
1.1.27 "Property" means initially all of the real property in Buffalo Ridge Estates
described on attached Exhibit A along with any and all Improvements now in place or hereafter
constructed thereon.
1.1.28 "Records" means the official real property records of Weld County, Colorado;
"to Record" means to file for recording in the Records; and "of Record" and "Recorded" means
having been recorded in the Records.
1.1.29 "Recreation Areas" means all Common Areas designated by Declarant as such
to be held for recreational purposes for the benefit of all Members and the benefit of the Property
as a whole; provided, however, that access to any area or facility may be limited to dues -paying
members, subject to fees and other charges, or otherwise conditioned or restricted, and made
available to non-members, all on such terms and conditions as the Board may determine.
1.1.30 "Regular Assessments" means those Assessments levied by the Association
pursuant to Section 4.8.
1.1.31 "Restrictions" means (i) this Declaration as amended from time to time; (ii)
the Rules from time to time in effect; and (iii) the Articles and Bylaws of the Association from time
to time in effect.
1.1.32 "Road System" means the roads within Buffalo Ridge Estates, including, but
not limited to, streets, sidewalks, paths, trails, and other transportation systems, thoroughfares, and
ways.
1.1.33 "Rules" means the rules adopted by the Board pursuant to Section 4.13.9, as
they may be amended from time to time.
1.1.34 "Security Interest" means an interest in real estate or personal property created
by contract or conveyance which secures payment or performance of an obligation. The term
includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land
sales contract, lease intended as security, assignment of lease or rents intended as security, pledge
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of an ownership interest in an association, and any other consensual lien or title retention contract
intended as security for an obligation.
1.1.35 "Special Declarant Rights" means the rights hereby reserved for the benefit
of Declarant to perform the following acts as specified in parts 2 and 3 of the Act and Section 7.7
of this Declaration: to complete improvements indicated on the Plat or any Map; to exercise any
Development Right; to maintain sales offices, management offices, signs, advertising and marketing
the Property and models; to use easements through the Common Areas for the purpose of making
improvements within the Property and the Additional Lands; to make the Property subject to the
Declaration; to annex Additional Lands which shall thereby become subject to this Declaration and
to subdivide said Additional Lands into Lots, to dedicate and/or convey any lands which are a part
of the Property or a part of the Additional Lands to Weld County or other governmental body,
agency or entity or to any utility, in its discretion, to merge or consolidate a common interest
community of the same form of ownership; and to appoint or remove any officer of the Association
or any member of the Board during the Period of Declarant Control.
1.1.36 "Declaration" means this instrument as it may be amended from lime to time.
1.1.37 "Special Assessments" means those Assessments levied by the Association
pursuant to Section 4.10.
1.1.38 "Subdivision" means a parcel of land which has been shown on a final and
recorded subdivision plat approved pursuant to, and in accordance with, the laws of Weld County,
State of Colorado, as the same may be amended from time to time.
1.1.39 "Total Allocated Votes" shall have the meaning set forth in Section 4.2.1.
1.1.40 "Tract" means those certain discrete areas established from time to time by
Declarant in its sole discretion.
1.1.41 "Buffalo Ridge Estates Design Guidelines" means those guidelines described
on Exhibit C attached hereto as the same may be modified by the Architectural Review Committee
in its discretion.
1.1.42 "Well System" means any waterline, appurtenances, water wells, accessories,
filtration, and pumping facilities, or portion thereof owned by the Buffalo Ridge Homeowners'
Association, Inc.
1.1.43. "Septic Systems" shall mean the septic systems installed by the owners of
Lots with the approval of the Buffalo Ridge Estates Homeowners' Association, Inc. and in
compliance with all local, state, and federal laws, rules, regulations, and ordinances.
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ARTICLE 2
DEVELOPMENT OF THE PROPERTY/ ANNEXATION
2.1 Subdivision and Development by Declarant. Declarant has subdivided the Property
into Lots for single family residential development. The Declarant intends to develop some or all
of such areas and, at Declarant's option, to designate areas as Common Areas, Recreation Areas, or
for other purposes for the benefit of the Property, in connection with the Plat. It is contemplated that
the Property will be developed pursuant to the Plat, as it may be amended or modified from time to
time, as a unified planned development community in which the development of, and restrictions
upon, each portion thereof will benefit each other portion and the whole thereof.
2.2 Annexation. Additional property may be annexed to the Property and subjected to the
Declaration from time to time with the consent of 75% of the votes in the Association and, during
the Period of Declarant Control, with the consent of the Declarant. Notwithstanding, and in addition
to the foregoing, up to and including 10 years from the date of recording of this Declaration, the
Declarant may annex into the Property any portion, or all of, the Additional Lands without the
consent of the individual Owners, Members (or any percentage thereof) and without the consent of
any First Mortgagees, insurers or guarantors. Each such annexation shall be effected by Recording
an amendment to this Declaration entitled "Declaration of Annexation" in the Records, which
document shall provide for annexation to the Declaration of the property described in such
document. Any purchaser of a portion of the annexed property is deemed to irrevocably consent to
annexation under the purview of this Declaration and to permit development in accordance with the
general plan established hereunder.
2.2.1 Upon the Recording of a Declaration of Annexation, the covenants, conditions,
and restrictions contained in this Declaration shall apply to the added land in the same manner as if
it had been originally subject to this Declaration; and thereafter, the rights, privileges, duties and
liabilities of the Persons subject to this Declaration shall be the same with respect to the added land
as with respect to the lands originally covered by this Declaration. The Declaration of Annexation
must comply with C.R.S. §§ 38-33.3-209 and 38-33.3-210 and must contain (i) a reference to this
Declaration, which reference shall state the date of Recordation and the recording information related
to this Declaration; (ii) a statement that the provisions of this Declaration shall apply to the added
land as set forth herein; (iii) an adequate legal description of the added land; (iv) an amendment to
the Map or, if such an amendment is not necessary, a new certification of the Plat in accordance with
C.R.S. § 38-33.3-209; and (v) during the Period of Declarant Control, Declarant's written consent
upon such terms as are acceptable to Declarant in its sole discretion if the Additional Lands are not
then owned by Declarant.
2.2.2 All provisions of this Declaration including, but not limited to, those provisions
regarding obligations to pay Assessments to the Association and any right to cast votes as Members
of the Association, shall apply to annexed property (including, but not limited to, all Lots contained
therein) immediately upon Recording an annexation document with respect thereto in accordance
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with this Section 2.2. Improvements which are constructed on any property annexed by Declarant
shall be consistent, in terms of quality of construction, with Improvements constructed on the
Property prior to such annexation. Portions of the annexed property are not to be deemed Recreation
Areas or Common Area unless specifically so designated in the course of development or in a later
Declaration of Annexation.
2.3 Conveyance and Acceptance of Common Areas. Declarant expressly reserves the
right in the course ofdevelopment of the Property to convey to the Association, and the Association
shall accept, certain areas such as open spaces, roads and drainage ways which for any reason are
not intended to be developed and/or other property or facilities which are deemed by Declarant to
be most suitable as Common Areas of the Association. By way of example, but not limitation,
Declarant shall, in the course of development of the Property, convey the Well System to the
Association including those water rights owned by Declarant which are appurtenant to the Property
and which are being utilized for operation of the Well System. Prior to transferring ownership of
the first Lot in the Property or property which is annexed by Declarant as provided in Section 2.2,
as the case may be, to a member of the general public (i.e., not a Developer), Declarant shall convey
the Common Area contained in the Property, or in such annexed property, as appropriate, to the
Association.
2.4 Open Space/Tract A. Tract A designated as "open space" shall be improved by
Declarant, or its successors or assigns, with concrete picnic tables on concrete pads, and with native
trees in numbers and locations to compliment the Tract, in the sole discretion of Declarant. Tables
shall be located so as not to disturb or damage the vegetation, drainage or indigenous wildlife and
so as not to encourage over utilization of Tract A by Members. Reasonable equestrian activities
shall be permitted, access shall be by bridle paths identified on the Plat, and the use, maintenance
and construction of all improvements on the Tract A shall be regulated by rules promulgated by the
Home Owners' Association. No improvements, including but not limited to shrubbery and fencing,
shall be constructed within the 8' bridle paths shown on the Plat. Water for Tract A useage shall be
available through the Property water system.
2.5 Tract B/Speer Canal. Tract B, which includes the Speer Canal and is encumbered
by an easement in favor of the Farmers Reservoir and Irrigation Company, shall be maintained by
the Home Owners' Association.
ARTICLE 3
GENERAL RESTRICTIONS/PERMITTED USES
3.1 General Restrictions. All of the Property shall be owned, held, conveyed, encumbered,
leased, used, occupied and enjoyed subject to the following limitations and restrictions (collectively,
"Restrictions"):
3.1.1 Residential and Common Areas. All of the Property (excluding any Common
Area) shall be improved and used solely for residential use for single family homes except that any
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Common Areas may be improved and used for active and passive recreational purposes for the
primary benefit of the Owners and occupants of Lots. In addition, Declarant (or the Board if such
authority is delegated to it by Declarant) may, in its sole and absolute discretion, as to any specific
residential area, permit other Improvements and uses consistent with the zoning then in effect for
such specific residential area.
3.1.2 Improvements and Use. Except as provided in Section 3.1.1, no Lot shall be
improved or used except as a dwelling or structure designed to accommodate no more than a single
family and its servants and occasional guests, plus Accessory Buildings, a garage, fencing and such
other Improvements as are necessary or customarily incident to a single-family residence. No
mobile homes, manufactured homes, double -wide or other trailers shall be permitted on any Lot.
3.1.3 Residential Use: Rentals. No residence on any Lot shall be used for any purpose
other than single family residential purposes. Nothing in this Declaration, however, shall prevent the
rental of property within a residential area by the Owner thereof for residential purposes, on either
a short or long-term basis subject to all the provisions of these Restrictions. No commune or similar
type living arrangements shall be permitted anywhere on the Property.
3.1.4 Unsightly Articles. No unsightly article shall be permitted to remain on any Lot
or any other portion of the Property if it is visible from adjoining property or public or private
thoroughfares. Without limiting the generality of the foregoing, trailers, mobile homes, recreation
vehicles, graders, trucks (other than pickups), boats, tractors, campers, wagons, buses, sleighs,
motorcycles, motor scooters, snowmobiles, snow removal equipment and garden and maintenance
equipment shall be kept at all times (except when in actual use) in an enclosed structure or otherwise
fully screened from view. Further, no repair or maintenance work shall be done on any of the
foregoing, or on any automobile, other than minor emergency repairs, except in an enclosed garage
or other structure. Refuse, garbage and trash shall be kept at all times in a covered container and any
such container shall be kept within an enclosed structure or appropriately screened from view.
Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or
household fabrics shall be appropriately screened from view. No lumber, grass, plant waste, shrub
or tree clippings, metals, bulk materials or scrap or refuse or trash shall be kept, stored or allowed
to accumulate on any property except within an enclosed structure or appropriately screened from
view; provided, however, that normal household waste can be set out up to 24 hours before a
scheduled garbage pick-up. Liquid propane, gas, oil and other exterior tanks shall be kept within an
enclosed structure or permanently screened from view.
3.1.5 Landscaping Requirement. At the time of, or as soon as reasonably possible
following construction of a residential structure on a Lot, but in any event no later than six (6)
months or one (1) growing season after substantial completion of the residential structure, such
Lot(s) shall be suitably landscaped with grass, shrubs and trees all in accordance with the Buffalo
Ridge Estates Design Guidelines and shall be subject to the approval of the Architectural Review
Committee. Thereafter all grass, shrubs and trees shall be kept and maintained in an attractive,
healthy, live and growing condition. All dead or diseased grass areas, shrubs and trees shall be
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promptly removed and replaced with suitable replacement landscaping. The Architectural Review
Committee shall, from time to time, enact restrictions on the irrigation of grass and lawn, but in no
case shall any Lot include more than 5,000 square feet of grass, lawns or other growth requiring
outside irrigation, or exceed federal, state or local rules, ordinances, and regulations on the subject,
whichever is most restrictive.
3.1.6 Antennas/Satellite Dishes. Except for any which may, at Declarant's option, be
erected by Declarant or Declarant's designated representative, no exterior radio or television antenna,
satellite dish, or aerial or other reception/receiver device shall be erected or maintained on the
Property without the prior written approval of the Architectural Review Committee.
3.1.7 Insurance Rates. Nothing shall be done or kept on or at the Property which will
increase the rate of insurance on any Association Property without the approval of the Board, nor
shall anything be done or kept on or at the Property which would result in the cancellation of
insurance on any Association Property or which would be in violation of any law.
3.1.8 No Further Subdividing. No Lot or Common Area shall be further divided or
subdivided, nor may any easement or other interest therein less than the whole be conveyed by the
Owner thereof without the prior written approval of the Architectural Review Committee; provided,
however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any
Lot or Common Area and convey any easement or other interest less than the whole, all without the
approval of the Architectural Review Committee. Notwithstanding the foregoing, while Declarant
is the owner thereof, Declarant may dedicate and/or convey any lands which are a part of the
Property or a part of the Additional Lands to Weld County or other governmental body, agency or
entity or to any utility, in its sole discretion, and without approval of the Architectural Review
Committee, the Association or any owner not the Declarant. Further, nothing contained herein shall
be deemed to require the approval of the Architectural Review Committee for the transfer or sale of
any Lot, including Improvements thereon, to more than one (1) person to be held by them as tenants
in common or joint tenants, or for the granting of any First Mortgage for the sale or transfer of any
Lot or Common Area pursuant to the terms of any First Mortgage or by way of a deed in lieu of
foreclosure thereof. No Owner shall have the right to partition or seek partition of the Common Area
or any Lot.
3.1.9 Signs. No sign of any kind shall be displayed to the public view without the
approval of the Architectural Review Committee; provided, however, that if the sign is no larger than
3' x 2' it may be displayed on or from a Lot advertising such Lot (whether or not improved) for sale
or lease. No flashing or moving signs shall be permitted on the Property. This Section 3.1.9 shall not
apply to Declarant during the Period of Declarant Control.
3.1.10 Nuisances. No rubbish or debris of any kind shall be placed or permitted to
accumulate upon any part of the Property and no odors shall be permitted to arise therefrom so as
to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any
other property or to its occupants. No noise or other nuisance shall be permitted to exist or operate
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upon any such property so as to be offensive or detrimental to any other property or to its occupants.
Without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells or other
sound devices (other than security and emergency devices used exclusively for security and
emergency purposes) shall be located, used or placed on any such property without the prior written
approval of the Board.
3.1.11 Repair of Buildings. No Improvement constructed upon any land within the
Property shall be permitted to fall into disrepair, and each such Improvement shall be kept at all
times in good condition and repair and adequately painted or otherwise finished by the Owner
(including the Association) thereof.
3.1.12 Improvements and Alterations. There shall be no construction (other than
repairs pursuant to Section 3.1.11 above), excavation, alteration which in any way alters the exterior
appearance of any Improvement, or removal of any Improvement without the prior approval of the
Architectural Review Committee.
3.1.13 Violation of Restrictions. If any Owner or Developer or their respective
family, guests, licensees, lessees, invitees, agents or employees violates these Restrictions, the Board
may invoke any one (1) or more of the following remedies: (i) impose a fine upon such Developer
or Owner for each violation; (ii) cause the violation to be cured and charge the cost thereof to such
Developer or Owner; and/or (iii) obtain injunctive relief against the continuance of such violation.
Before invoking any such remedy, the Board shall give such Developer or Owner notice (as provided
in Section 7.2) except that the Board may immediately suspend the right to use any Recreation Area
and/or facility by any Developer or Owner and their respective family, guests, licensees, lessees, and
invitees without notice for any period during which any Assessment owed by such Developer or
Owner is past due and unpaid.
3.1.14 Drainage. There shall be no interference with the established drainage patterns
over any property within the Property, except by Declarant, unless adequate provision is made for
proper drainage and approved by the Architectural Review Committee.
3.1.15 No Hazardous Activities. No activities shall be conducted on the Property and
no Improvements shall be constructed on the Property which are, or might be, unsafe or hazardous
to any person or property. Without limiting the generality of the foregoing, no firearms shall be
discharged upon the Property and no open fires shall be lighted or permitted on the Property except
in a contained barbecue unit while attended and in use for cooking purposes or within a safe interior
fireplace.
3.1.16 No Temporary Structures. No tent or shack or other temporary building,
improvement or structure shall be placed upon the Property; provided, however; that temporary
structures necessary and appropriate for sales activities; storage of tools, materials and equipment;
restrooms; and office space for marketing personnel, architects, builders and foremen during actual
construction may be maintained with the prior approval of the Architectural Review Committee,
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which approval shall specify the nature, size, location and permitted duration of such temporary
structure.
3.1.17 No Mining and Drilling. No portion of the Property shall be used for the
purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other
hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate or earth; provided,
however, that Declarant or the Association may, by appropriate written permit, grant, license, or
easement agreement, allow the drilling of wells and the installation of infiltration galleries for the
extraction of water. In addition, nothing contained herein shall be deemed to restrict or limit
construction of the Well System, including the drilling of wells and installation of all appurtenances
thereto by Declarant or the Association.
3.1.18 Vehicles. In addition to the provisions of Section 3.1.4, the use and storage of
all vehicles including, but not limited to, gliders, trucks, automobiles, graders, boats, tractors,
pickups, mobile homes, trailers, buses, campers, recreational vehicles, bicycles, motorcycles, motor
scooters, wagons, sleighs and snowmobiles, shall be subject to the Association's Rules and/or the
Buffalo Ridge Estates Design Guidelines, which may prohibit or limit the use thereof within
specified parts of the Property, and which may also provide parking and storage regulations and
adopt other rules regulating the same.
3.1.19 Construction Activities. This Declaration shall not be construed so as to
unreasonably interfere with or prevent normal construction activities during the construction of
Improvements by Declarant, Developer or any Owner upon the Property, provided that when
completed such Improvements shall in all ways conform to this Declaration. Specifically, no such
construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by
reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar
activities so long as such construction is (i) pursued to completion with reasonable diligence; (ii) in
compliance with applicable federal, state and local laws and ordinances and any rules and regulations
adopted pursuant thereto; and (iii) conforms to usual construction practices in the area. In the event
of any dispute, a temporary waiver of the applicable provision including, but not limited to, any
provision prohibiting temporary structures, may be granted by the Architectural Review Committee;
provided that such waiver shall be limited to a reasonable period for such construction. Such waiver
may, but need not, be recorded or in recordable form. No construction activities shall be carried on
in such a way as to create a health hazard or unreasonably interfere with the use and enjoyment by
any Owner or his family of the Owner's Lot.
3.1.20 Fencing. The Declarant may, but shall not be required to, construct certain
entryways, fences, fence pillars or walls on or within the Property. No Owner shall modify, repair,
replace, paint or otherwise obstruct any such entryways, fence, fence pillars or walls without the
prior written approval of the Architectural Review Committee. The design and location of all fences
shall be in accordance with the Buffalo Ridge Estates Design Guidelines and the fence plan and shall
be subject to the approval of the Architectural Review Committee.
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3.1.21 Animals. The Owner of each Lot may keep two (2) dogs or cats, and a
reasonable number of fish or other domestic animals which are bona fide household pets so long as
such pet(s) is/are (I) not kept for any commercial purpose; (ii) kept under control at all times; and
(iii) not kept in such number or in such manner as to create a nuisance. Notwithstanding anything
to the contrary contained in the foregoing, the Board shall have, and is hereby granted, the right and
authority to determine in its sole discretion that dogs, cats or other household pets are being kept for
commercial purposes or are being kept in such number or in such manner as to be unreasonable or
to create a nuisance, or that any Owner is otherwise in violation of this Section and to take such
action or actions as it deems necessary to correct any such violation. It is expressly understood that
any Owner's right to keep household pets is coupled with a responsibility for such Owner's pet(s)
and accordingly, each Owner of a household pet is financially responsible and liable for any damage
caused by such pet.
Livestock shall be restricted to no more than one (1) head per acre or three (3)
head per Lot, whichever is greater, and shall at all times be confined by adequate fencing approved
by the Architectural Review Committee. For the purposes hereof, "livestock" includes domestic
horses and cows. No poultry, bees, llamas, pigs or other animals shall be kept on the Property.
3.1.22 Fire Protection. Fire protection shall be provided by an approved automatic sprinkler
system and shall be installed under NFPA 13D standards, 1994 Edition. The system shall be
installed by a state certified company. Approval shall be by a state certified inspector.
3.1.23 Soils Tests/Soil Erosion and Ground Covet. Prior to construction of any
Improvements upon the Property, every developer, or builder, or their representative shall engage
a licensed engineer to perform soils tests on the Lot or parcel to be developed in accordance with the
then existing rules, ordinances, statutes and regulations of the state, county and/or municipality in
which the Property or Lot is located and disclosure of the results thereof shall be made as required
by C.R.S. § 6-6.5-101. Both the soils and foundation investigation report provided by the engineer,
and a soil erosion and ground cover plan suited to each site shall be completed prior to construction.
3.2 Exemption of Declarant. Notwithstanding anything in this Declaration to the contrary,
during the Period of Declarant Control neither Declarant nor any of Declarant's activities shall in any
way be subject to the control of, or under the jurisdiction of, the Architectural Review Committee.
Without in any way limiting the generality of the preceding sentence, this Declaration shall not
prevent or limit the right of Declarant to (I) excavate and grade; (ii) construct and alter drainage
patterns and facilities; (iii) construct any and all other types of Improvements; (iv) maintain model
homes and construction, sales and leasing offices and similar facilities of a size, and in the locations,
determined by the Declarant from time to time (all real estate used for such purposes not designated
as a Lot on the Plat is a part of the Common Area); and (v) post signs incidental to construction,
sales and leasing, on the Common Area and/or Lots owned by Declarant. Notwithstanding anything
to the contrary contained in the foregoing no such activities shall be carried on in such a way as to
create a health hazard or unreasonably interfere with the use and enjoyment by any Owner or his
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family of the Owner's Lot; and once the Declarant ceases to be an Owner, the Declarant will cease
to have any rights with regard to any real estate used as a sales office, management office, or model.
3.3 Assignment by Declarant/Transfer of Special Declarant Rights. Notwithstanding any
other provision of this Declaration to the contrary, Declarant may delegate, transfer or assign in
whole or in part any of its privileges, exemptions, Development Rights and duties under this
Declaration (including the Special Declarant Rights) to any other Person and may permit the
participation in whole or in part by any other Person in any of its privileges, exemptions, rights and
duties hereunder. Without in any way limiting the generality of the preceding sentence, Declarant
may in its sole discretion exempt from the control and jurisdiction of the Architectural Review
Committee any Developer, or any assignee and successor in interest of all or substantially all of
Declarant's interests, rights, and responsibilities in and to the Property. Any such delegation, transfer
or assignment must be made in accordance with C.R.S. §§ 38-33.3-304.
ARTICLE 4
ASSOCIATION
4.1 Organization. The Association is a nonprofit Colorado corporation created for the
purposes, charged with the duties, and invested with the powers prescribed by law, the Act, and/or
set forth in its Articles and Bylaws or in this Declaration. Neither the Articles, Bylaws nor any Rules
promulgated by the Board shall for any reason be amended or otherwise changed or interpreted so
as to be inconsistent with this Declaration. In case of conflict between the Declaration and the
Articles, Bylaws and/or Rules, this Declaration shall control.
4.2 Membership and Voting.
4.2.1 Generally. Every Owner (including Declarant) shall be a Member of the
Association and shall remain a Member for so long as that Person continues to be an Owner. The
Association shall have only one (1) class of Members and each Member shall be entitled to one (1)
vote for each Lot owned by such Member. Each Owner's Membership in the Association shall be
appurtenant to and may not be separated from ownership of the Lot to which the Membership is
attributable. Except as expressly provided in this Article 4, no other voting rights are created by this
Declaration.
4.2.2 Multiple Owners. When an Owner consists of more than one (1) Person, while
each such Person shall be a Member of the Association, only one (1) of such co -Owners shall be
entitled to exercise the single vote to which the Lot is entitled. Fractional votes shall not be allowed.
If only one (1) of the co -Owners of a Lot is present at a meeting of the Association, that co -Owner
shall be entitled to cast the single vote allocated to that Lot. If more than one (1) of the co -Owners
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of a Lot are present, the single vote allocated to that Lot may be cast only in accordance with the
agreement of a majority of the co -Owners of such Lot. If any one (1) of the co -Owners of a Lot casts
a vote allocated to that Lot without the protests being made promptly (i.e., before the end of the
meeting of the Association at which such vote was cast) by any of the co -Owners of the Lot to the
director presiding over such meeting, then it shall be conclusively presumed that the vote was cast
in accordance with the agreement of a majority of the co -Owners of such Lot. No change in the
membership of a Member shall be effective for voting purposes until the Board receives written
notice of the change together with satisfactory evidence of the change.
4.2.3 Proxies. Votes allocated to a Lot may be cast pursuant to a proxy duly executed
by an Owner. If a Lot is owned by more than one (1) Person, each such co -Owner of the Lot may
vote or register protest to the casting of votes by the other co -Owners of the Lot through a duly
executed proxy. An Owner may not revoke a proxy given pursuant to this Section except by actual
notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it
is not dated or purports to be revocable without notice. A proxy terminates 11 months after its date,
unless it provides otherwise.
4.2.4 Association Owned Lots. No votes allocated to a Lot owned by the Association
may be cast.
4.3 Board of Directors. The affairs of the Association shall he governed by a "Board of
Directors" (sometimes referred to as the "Board") which may, by resolution, delegate any portion
of its authority to an executive committee or an officer, executive manager or director for the
Association. The qualifications and number of directors, the term of office of directors, the manner
in which directors shall be elected and the manner in which directors shall be replaced upon removal
or resignation shall be as set forth in the Bylaws; provided, however, that the Bylaws shall contain
the following provisions:
4.3.1 Subject to Section 4.3.2 of this Section, during the Period of Declarant Control,
the Declarant may appoint and remove the officers and members of the executive board.
4.3.2 Not later than 60 days after conveyance of 25% of the Lots that may be created
to Owners other than Declarant, at least one (1) member and not less than 25% of the members of
the Board must be elected by Owners other than the Declarant. Not later than 60 days after
conveyance of 50% of the Lots that may be created to Owners other than Declarant, not less than
33.3% of the members of the Board must be elected by Owners other than Declarant.
4.3.3 Except as otherwise provided in C.R.S. 38-33.3-220(5), not later than the
termination of the Period of Declarant Control, the Owners shall elect a Board of at least three (3)
members, at least a majority of whom must be Owners other than the Declarant or designated
representatives of Owners other than the Declarant. The Board shall elect the officers. The Board
members and officers shall take office upon termination of the Period of Declarant Control.
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4.3.4 Notwithstanding any provision of the Declaration or Bylaws to the contrary, the
Owners, by a 2/3rds vote of all persons present and entitled to vote at any meeting of the Owners at which a quorum is present, may remove any member of the Board with or without cause, other than
a member appointed by the Declarant.
4.3.5 Within 60 days after the Owners other than the Declarant elect a majority of the
members of the Board, the Declarant shall deliver to the Association all property of the Owners and
of the Association held by or controlled by the Declarant including, without limitation, the following
items:
4.3.5.1 The original or a certified copy of the recorded Declaration as amended, the
Association's Articles of Incorporation, Bylaws, minute books, other books and records, and any
Rules and regulations which may have been promulgated;
4.3.5.2 An accounting for Association funds and financial statements, from the date
the Association received funds and ending on the date the Period of Declarant Control ends. The
financial statements shall be audited by an independent certified public accountant and shall be
accompanied by the accountant's letter, expressing either the opinion that the financial statements
present fairly the financial position of the Association in conformity with generally accepted
accounting principles or a disclaimer of the accountant's ability to attest to the fairness of the
presentation of the financial information in conformity with generally accepted accounting principles
and the reasons therefor. The expense of the audit shall not be paid for, or charged to, the
Association.
4.3.5.3 The Association funds or control thereof;
4.3.5.4 MI of the Declarant's tangible personal property that has been represented by
the Declarant to be the property of the Association or all of the Declarant's tangible personal property
that is necessary for, and has been used exclusively in, the operation and enjoyment of the Common
Areas, and inventories of these properties;
4.3.5.5 A copy of any Plans and Specifications used in the construction of the
improvements in the Property which were completed within two (2) years before the Declaration was
recorded.
4.3.5.6 All insurance policies then in force, in which the Owners, the Association, or
its directors and officers are named as insured persons.
4.3.5.7 Copies of any certificates of occupancy that may have been issued with
respect to any improvements located on a portion of the Common Area;
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4.3.5.8 Any other permits issued by governmental bodies applicable to Association
Property and which are currently in force or which were issued within one (1) year prior to the date
on which Owners other than the Declarant took control of the Association;
4.3.5.9 Written warranties of the contractor, subcontractors, suppliers, and
manufacturers that are still effective and which relate to Association Property;
4.3.5.10 A roster of Owners and Mortgagees and their addresses and telephone
numbers, if known, as shown on the Declarant's records;
4.3.5.11 Employment contracts in which the Association is a contracting party; and,
4.3.5.12 Any service contract in which the Association is a contracting party or in
which the Association or the Owners have any obligation to pay a fee to the persons performing the
services.
4.4 Officers. The Board will select the officers of the Association, which officers may also
serve as members of the Board.
4.5 Articles and Bylaws. The purposes and powers of the Association and the rights and
obligations with respect to Memberships may and shall be amplified by provisions of the Articles
and Bylaws of the Association. Such Articles and Bylaws may include any reasonable provisions
with respect to corporate matters including provisions with respect to notices, record dates and
quorums for meetings of directors and Members, but no such provisions may be inconsistent with
any provision of this Declaration.
4.6 Assessments. Fines and Compliance Expenditures. Each Owner of a Lot shall be
obligated to pay and shall pay to the Association, at least annually or when otherwise due and
payable, (I) Assessments (including those associated with the Well System); (ii) reasonable and
uniformly applied fines imposed by the Association for violation of the Restrictions and Rules
adopted by the Association; and (iii) any "Compliance Expenditures" (as defined below). Each
Assessment shall be a separate, distinct and personal debt and obligation of the Owner against whose
Lot the same is assessed. All Assessments shall be payable in full without offset for any reason
whatsoever. The obligation of each Owner to pay Assessments shall be entirely independent of any
obligation of the Association to such Owner or of Declarant or any other Owner to such Owner. No
Owner may be exempt from liability for payment of any Assessment by waiver of the use or
enjoyment of any of the Common Areas or by abandonment of the Lot against which the
Assessments are made. Any Assessment that is not paid within 15 days after the same becomes due
shall be deemed delinquent. If an Assessment is delinquent, the Association may recover all of the
following (collectively, the "Compliance Expenditures"):
4.6.1 Reasonable costs incurred in collecting the delinquent Assessments including,
without limitation, reasonable attorneys' fees and court costs;
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4.6.2 A late charge in an amount determined from time to time by the Board, but not
more than 10% of the delinquent Assessment or $100.00, whichever is greater; and
4.6.3 Interest on (I) the delinquent Assessment, (ii) the cost of collection described
in Section 4.6.1, and (iii) the late charge described in Section 4.6.2, at an annual percentage rate
equal to 8% per annum over the prime interest rate charged from time to time by the Norwest Bank
of Denver, N.A., adjusted on each day on which there occurs a change in such prime interest rate
(provided that the interest rate shall never exceed the maximum allowed by law), commencing 15
days after the Assessment became due.
4.7 Determination of Budgets. The total amount required to be raised by Assessments shall
be determined by the Board of Directors of the Association at least once a year and shall be based
upon an annual budget to be approved by the Board of Directors and adopted by the Association
annually showing, in reasonable detail, the various matters proposed to be covered by the budget,
the estimated costs and expenses of the Association, an amount deemed necessary or desirable as
a contingency reserve and the total amount required to be raised by Assessments to cover such
estimated costs and expenses and contingency reserve. The budget shall cover all costs and expenses
expected to be incurred by the Association in performing its functions, or in providing services
required or permitted under this Declaration. The budget may be revised as necessary from time to
time. Assessments may be raised or lowered by the Board of Directors as required to meet such
revised budget. Without limiting the generality of the foregoing, it is expressly understood that the
budget (and, accordingly, the Assessments) shall be subject to modification due to the annexation
of property to the Property in accordance with the Declaration. Within 30 days after adoption of any
proposed budget for the Association, the Board shall mail, by ordinary first-class mail, or otherwise
deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners
to consider ratification of the budget not less than 14 nor more than 60 days after mailing or other
delivery of the summary.
Unless at that meeting a majority (i.e., more than 50%) of all Owners reject the budget, the
budget is ratified, whether or not a quorum is present. In the event that the proposed budget is
rejected, the periodic budget last ratified by the Owners must be continued until such time as the
Owners ratify a subsequent budget proposed by the Board. Notwithstanding the foregoing, user fees
associated with the Well System may be assessed by the Association based on water usage or other
reasonable standard on the periodic basis established by the Board irrespective of rejection of a
proposed budget.
4.8 Amount of Regular Assessments. A Regular Assessment is defined for purposes of this
Section as that sum which must be levied in the manner and against each individual Lot in order to
raise the total amount for which the levy in question is being made. Subject to the provisions of this
Section 4.8, each individual Regular Assessment shall be equal to each other individual Regular
Assessment and, accordingly, each Lot shall be assessed its General Common Allocation (as such
allocation is determined by the Board from time to time in accordance with the formulae described
in Section 1.1.17). Notwithstanding anything to the contrary contained in the foregoing, it is
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expressly recognized and understood that owners of undeveloped Lots (i.e., those Lots upon which
a single family residence has not been constructed and for which a so-called "Certificate of
Occupancy" has not been issued) utilize and benefit from the Common Areas to a lesser extent than
Owners of developed Lots (i.e.. those Lots upon which a single-family residence has been
constructed and for which a Certificate of Occupancy has been issued). In recognition of this
fundamental difference and notwithstanding anything to the contrary contained in this Section 4.8,
the assessment due and payable from any Owner of an undeveloped Lot shall be 75% of the Regular
Assessment otherwise applicable to such Lot until such time as a Certificate of Occupancy is issued
in connection with an Improvement constructed upon such Lot. The Association shall levy a
Regular Assessment against each Lot effective upon recordation in the Records of the subdivision
plat initially creating the applicable Lot. Until the Association levies a Regular Assessment, the
Declarant shall pay all expenses of the Association. After any Assessment has been made by the
Association, Assessments shall be made no less frequently than annually and shall be based on a
budget adopted no less frequently than annually by the Association. In no event, however, shall
Declarant have any obligation whatsoever to subsidize or otherwise contribute to a maintenance fund
or other contingency reserve to be used to cover future costs and expenses. Where the obligation to
pay an Assessment first arises after the commencement of the year or other period for which the
Assessment was levied, the Assessment shall be prorated, as of the date when said obligation first
arose, in proportion to the amount of the assessment year or other period remaining after said date.
4.9 Well System and Road Maintenance. In addition to all other assessments (regular and
special), the Association shall levy periodic assessments for the use, operation, maintenance, repair,
and replacement of the water system and the road system. The Association shall have the authority
to make such assessments as it deems necessary on the periodic basis selected in its discretion (Le.
monthly, quarterly, weekly, etc.). In the Association's discretion, assessments (user fees) may be
levied based upon water usage or such other standard as the Association may select to ensure and
safeguard the water system and its beneficial enjoyment by the Association members.
4.10 Special Assessments. The Association may levy, from time to time, one (1) or more
Special Assessments for the purpose of defraying in whole or in part the cost of any construction,
restoration, unexpected repair or replacement of a capital improvement or for carrying out the other
responsibilities of the Association in accordance with this Declaration. Each Special Assessment
shall be allocated among the Owners of Lots in accordance with the provisions of this Declaration.
Each Owner shall pay all Special Assessments assessed against such Owner's Lot. The due date for
any Special Assessment shall be fixed by the Board.
4.11 Other Matters Relating to Assessments. Subject to the foregoing provisions, the Board
of Directors shall have the power and authority to determine all matters in connection with
Assessments including the power and authority to determine where, when and how Assessments
shall be paid to the Association and each Owner shall be required to comply with all such
determinations.
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4.12 Lien for Assessments. Fines and Compliance Expenditures. The Association shall have
a lien against each Lot to secure payment of any Assessment (including those associated with the
Well System), fine, Compliance Expenditure or other amount due and owing to the Association with
respect to the Owner of that Lot. The lien may be foreclosed in the manner for foreclosure of
mortgages in the State of Colorado. The Association shall have the right, but not the obligation, to
prepare and record in the Records a "Notice of Lien" which shall set forth (I) the amount of any
Assessment, fine, Compliance Expenditure or other amount due and owing to the Association; (ii)
the date such amount was due and payable and from which interest accrues; (iii) all costs and
expenses including reasonable attorney fees incurred in collecting the unpaid amount to the date of
recording of such Notice of Lien; (iv) the Lot affected by the lien; and (v) the name or names, last
known to the Association, of the Owner or Owners of the Lot. Notwithstanding anything to the
contrary contained herein, the following property shall be exempt from the lien for Assessments
created herein: all properties dedicated to, and accepted by, a local public authority and the Common
Area.
4.13 Duties and Powers of the Association. Subject to and in accordance with this
Declaration, the Association shall have all of the rights and powers conferred upon it by law, the Act,
this Declaration, the Articles and the Bylaws. Without limiting the generality of the foregoing, the
Association shall have the following powers and shall perform each of the following duties for the
benefit of the Members of the Association:
4.13.1 Assessments. To determine, levy and collect Assessments.
4.13.2 Association Property. Subject to the provisions of C.R.S. § 38-33.3-312, to
accept, own, convey, lease, encumber, operate and maintain all Association Property (real and
personal) which may be conveyed to it by Declarant (or otherwise acquired by the Association),
together with all Improvements of whatever kind and for whatever purpose which may be located
in said areas.
4.13.3 Title to Property Upon Dissolution. In the event of dissolution of the
Association, the Common Area shall, to the extent permitted by law and where reasonably possible,
be conveyed or transferred to an appropriate governmental or quasi -governmental agency or
agencies, or to a nonprofit corporation, association, trust or other organization, to be used for the
common benefit of the Owners for similar purposes for which the Common Area was held by the
Association. To the extent the foregoing is not possible, the Common Area shall be sold or disposed
of and the proceeds from the sale or disposition shall be distributed first for the payment of debts and
obligations incurred by the Association and then to the Owners in an equitable manner determined
by the Board (which determination will be conclusive) based upon each Owner's pro rata portion of
the Property.
4.13.4 Repair and Maintenance of Association Property. To maintain in good repair
and condition all lands, Improvements, and other Association Property owned, controlled or
maintained by the Association.
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4.13.5 Maintenance. To maintain the entrance, postal, parking and other Common
Areas and Improvements thereon which shall be installed, or otherwise accepted for maintenance
by Declarant and, in addition, to maintain certain designated landscaped areas located along and
within certain designated primary public rights -of -way and drainage and other easements located on
or benefitting the Property.
4.13.6 Maintenance of Fencing. To repair, maintain and replace as necessary any
fence or pillars which shall be installed, constructed or otherwise accepted for maintenance by the
Declarant on or within the Property which shall include the permanent monument and identification
signage (the Association has the right of access to and utilization of utility easements for
maintenance of these items).
4.13.7 Payment of Taxes. To pay all real and personal property taxes and other taxes
and assessments levied upon or with respect to any property owned by the Association, to the extent
that such taxes and assessments are not levied directly upon the Members. The Association shall
have all rights granted by law to contest the legality and the amount of such taxes and assessments.
4.13.8 Insurance. To obtain and maintain in effect policies of insurance adequate, in
the opinion of the Board, in kind and amount, to comply with C.R.S. § 38-33.3-313.
4.13.9 Rules. To make, establish and promulgate, and in its discretion to amend or
repeal and reenact, such rules, not in contradiction of this Declaration, as it deems proper covering
any and all aspects of its functions, including the use and occupancy of Association Property
("Rules"). Without limiting the generality of the foregoing, such Rules may set dues and fees and
establish the regulations governing the operation of Association Property and/or Common Areas.
Each Member shall be entitled to examine such Rules at any time during normal working hours at
the principal office of the Association.
4.13.10 Architectural Review Committee. To appoint and remove members of the
Architectural Review Committee as provided in Section 5.2 hereof, and to insure that at all
reasonable times there is available a duly constituted and appointed Architectural Review
Committee.
4.13.11 Enforcement. To enforce, on its own behalf and on behalf of all Owners, all
of the covenants, conditions and restrictions set forth in this Declaration, under an irrevocable power
of attorney (hereby granted) coupled with an interest as beneficiary of said covenants, conditions and
restrictions, and as assignee of Declarant, and to perform all other acts, whether or not anywhere
expressly authorized, as may be reasonably necessary to enforce any of the provisions of these
Restrictions or the Buffalo Ridge Estates Design Guidelines.
4.13.12 Management Company. To retain the services of a professional management
company to manage some or all of the affairs of the Association provided that (I) such company shall
be licensed to do business in the State of Colorado, to the extent required by law; (ii) the term of any
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contract for such services shall not exceed one (1) year and shall be terminable on 30 days written
notice, with or without cause, and without the payment of a termination fee; and (iii) each and every
management contract made between the Association and a manager or managing agent during the
Period of Declarant Control shall terminate absolutely and, in any event, no later than 30 days after
the expiration of the Period of Declarant Control.
4.13.13 Borrowing. Subject to the provisions of C.R.S. § 38-33.3-312, to borrow
money and to incur indebtedness for the purposes of the Association, and to cause to be executed
and delivered therefor, in the Association's name, promissory notes, bonds, debentures, mortgages,
pledges, hypothecations or other evidences of debt and securities therefor encumbering the Common
Area, or portions thereof and/or other Association Property.
4.13.14 Easements. To grant easements, leases, licenses and concessions over the
Common Area to serve the Property.
4.13.15 Assignment. To assign its right to future income, including the right to
receive assessments.
4.13.16 Well System Rules and Regulations. To promulgate Rules and Regulations
for the use, operation, maintenance, and regulation of the Well System including, but not limited to,
establishing user fees, permitting criteria, engineering standards, connection and disconnection
guidelines. For the purposes hereof, the Association may retain such experts and professionals as in
its discretion it deems necessary.
4.13.17 Other. To carry out all duties of the Association set forth in the Restrictions.
4.14 Non -Liability of Officials. To the fullest extent permitted by law, neither Declarant, the
Board of Directors, the Architectural Review Committee, or any other committees of the
Association or any member thereof, nor any officers, directors, partners, or employees of the
Declarant or of the Association, shall be liable to any Owner, Developer, or to the Association or
any other Person for any damage, loss or prejudice suffered or claimed on account of any decision,
approval or disapproval of Plans or Specifications (whether or not defective), course of action, act,
inaction, omission, error, negligence, or the like made in good faith and which Declarant, the Board,
or such committees or officers reasonably believed to be within the scope of their respective duties.
4.15 Indemnification. To the fullest extent permitted by law, Declarant, and every director,
officer, committee member, partner and shareholder of the Association, the Architectural Review
Committee, and of the Declarant (to the extent a claim may be brought by reason of Declarant's
appointment, removal, or control over members of the Board or its control over the Association or
any committee thereof) shall be and is hereby indemnified by the Association. Every other person
serving as an employee or direct agent of the Association, or otherwise acting on behalf of, or at the
request of, the Association may, in the discretion of the Board, be indemnified by the Association.
Any such indemnification shall be limited to all expenses and liabilities (including, without
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limitation, all attorneys' fees and court costs) reasonably incurred by or imposed upon such person
in connection with any proceeding to which he may be a party or in which he may become involved,
by reason of his being or having served in such capacity on behalf of the Association (or in the case
of such Declarant by reason of having appointed, removed, controlled or failed to control members
of the Board, or controlled, or failed to control the Association), or incurred in any settlement
thereof, whether or not he is a director, officer or member of a committee or serving in such other
specified capacity at the time such expenses are incurred.
4.16 Non -Liability for Certain Changes and Amendments. Neither the Declarant, the
Association, nor their successors or assigns shall be liable to, or subject to injunction by, any
Member or Owner or to one another in the event that any change in zoning of the Property is sought
or obtained, or in the event that any subdivision map amendment or change in density shall be sought
and obtained including, but not limited to, any change in the Development Plan or in area or density
among the various Lots shown on the subdivision maps of the Property.
4.17 Audit. The Association shall provide a financial statement (which may or may not be
audited) for the immediately preceding fiscal year, free of charge to the party so requesting, to any
First Mortgagee of a Lot, or any insurer or guarantor of such a First Mortgage, within a reasonable
time after written request therefor by any such party.
4.18 Association Books and Records. The Association shall make available to Owners, First
Mortgagees, and insurers or guarantors of any such First Mortgage, current copies of this
Declaration, the Articles of Incorporation, Bylaws, Rules and regulations, books, records, and
financial statements of the Association. "Available" shall mean available for inspection, upon
request, during normal weekday business hours or under other reasonable circumstances.
4.19 Termination of Contracts and Leases of Declarant. The following contracts and leases,
if entered into before the Board elected by the Owners pursuant to Section 4.3.3 takes office, may
be terminated without penalty by the Association, at any time after the Board elected by the Owners
pursuant to Section 4.3.3 takes office, upon not less than 90 days' notice to the other party:
4.19.1 Any management contract, employment contract, or lease of recreational or
parking areas or facilities;
4.19.2 Any other contract or lease between the Association and Declarant or an
affiliate of Declarant; or
4.19.3 Any contract or lease that is not bona fide or was unconscionable to the
Owners at the time entered into under the circumstances then prevailing.
This Section does not apply to any lease the termination of which would terminate the planned
community created by this Declaration or reduce its size, unless the real estate subject to that lease
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was included in the planned community for the purpose of avoiding the right of the Association to
terminate a lease under this Section or a proprietary lease.
4.20 Surplus Funds. Any surplus funds of the Association remaining after payment of, or
provision for, expenses, costs, obligations and any prepayment of or provision for reserves shall not
be credited to the Owners but shall, instead, be added to any reserve accounts maintained by the
Association.
ARTICLE 5
ARCHITECTURAL REVIEW COMMITTEE
5.1 Members of Committee. The Architectural Review Committee shall consist always of
either three (3) members or five (5) members, which members need not be Members of the
Association. The Board may reduce the number of members of the Committee to three (3) and
increase it to five (5) as often as it wishes. Each member of the Committee shall hold office until
such time as he/she has resigned and his/her successor has been appointed or has been removed, as
provided herein. Members of the Committee may be removed at any time without cause.
5.2 Appointment and Removal. The Board shall have the right to appoint and remove all
members of the Committee, except that during the Period of Declarant Control, Declarant may
appoint and remove all members of the Committee.
5.3 Buffalo Ridge Estates Design Guidelines. The Architectural Review Committee shall
have the power to and shall make, establish and promulgate, and in its discretion amend, repeal and
reenact rules and/or guidelines substantially in accordance with the Buffalo Ridge Estates Design
Guidelines regarding anything relevant to its functions including, but not limited to, minimum
design standards, minimum landscaping standards, procedure for the submission of Plans and
Specifications for approval and fines or other reasonable penalties for violation of any provision of
this Article 5.
5.4 Review of Proposed Construction. Whenever in this Declaration or in any Declaration
the approval of the Architectural Review Committee is required, it shall have the right to consider
all of the Plans and Specifications for the Improvement or proposal in question and all other facts
which in its sole discretion are relevant. Except as provided in Sections 3.2 and 3.3 above, prior to
commencement of any construction of any Improvement on the Property, the Plans and
Specifications therefor shall be submitted to the Architectural Review Committee, and construction
thereof may not commence unless and until the Committee has approved such Plans and
Specifications in writing. The Committee shall consider and act upon any and all Plans and
Specifications submitted for its approval pursuant to this Declaration, and perform such other duties
assigned to it by this Declaration or as from time to time shall be assigned to it by the Board,
including the inspection of construction in progress to assure its conformance with Plans and
Specifications approved by the Committee. The Committee shall approve Plans and Specifications
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submitted for its approval only if it deems that the construction, alterations, or additions
contemplated thereby in the locations indicated will not be detrimental to the respective residential
area and/or the Property as a whole, and that the appearance of any structure affected thereby will
be in aesthetic harmony with the surrounding structures. The Committee may condition its approval
of Plans and Specifications on such changes therein as it deems appropriate, and may require
submission of additional Plans and Specifications or other information prior to approving or
disapproving the material submitted. The Committee may require a reasonable fee to accompany
each application for approval. The Committee may require such detail in Plans and Specifications
submitted for its review and such other information as it deems proper. Until receipt by the
Committee of all required Plans and Specifications and other information, the Committee may
postpone review of anything submitted for approval. Upon certified receipt and acceptance by the
Committee of all required Plans and Specifications and other information, the Committee shall have
30 days in which to approve or disapprove such Plans and Specifications in writing. If the
Committee fails to approve or disapprove properly submitted Plans and Specifications within such
30 -day period, the submitted Plans and Specifications shall be deemed to have been disapproved.
5.5 Meetings of the Committee. The Committee shall meet from time to time as necessary
to perform its duties hereunder. The Committee may from time to time by resolution unanimously
adopted in writing designate one (1) of its members to take any action or perform any duties for and
on behalf of the Committee, except the granting of variances pursuant to Section 5.11. In the absence
of such designation, the vote of the majority of all of the members of the Committee, or the written
consent of a majority of all of the members of the Committee taken without a meeting, shall
constitute an act of the Committee.
5.6 No Waiver of Future Approvals. The approval or consent of the Committee to any Plans
or Specifications for any work done or proposed or in connection with any other matter requiring
the approval or consent of the Committee, shall not be deemed to constitute a waiver of any right
to withhold approval or consent as to any Plans or Specifications or other matter whatever
subsequently or additionally submitted for approval or consent by the same or a different Person.
5.7 Compensation of Members. The members of the Committee shall be entitled to
reasonable compensation from the Association for services rendered, together with reimbursement
for expenses incurred by them in performance of their duties hereunder. Such compensation shall
be determined by Declarant while it has the right to approve or disapprove the members of the
Committee pursuant to Section 5.2 above and thereafter by the Board.
5.8 Inspection of Completed Work. Inspection of completed work and correction of defects
therein shall proceed as follows:
5.8.1 Upon the completion of any Improvement for which approved Plans and
Specifications are required under this Declaration, the Owner shall give written notice of completion
to the Committee.
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5.8.2 Within such reasonable time as the Committee may designate but not to exceed
15 days thereafter, the Committee or its duly authorized representative may inspect such
Improvement. If the Committee finds that such work was not done in strict compliance with all
approved Plans and Specifications submitted or required to be submitted for its prior approval, it
shall notify the Owner in writing of such noncompliance within such period, specifying in
reasonable detail the particulars of noncompliance, and shall require the Owner to remedy the same.
5.8.3 If upon the expiration of 30 days from the date of such notification, the Owners
have failed to remedy such noncompliance, the Committee shall notify the Board in writing of such
failure. Upon notice, the Board shall determine whether the Owner has failed to comply and, if so,
the nature thereof and the estimated costs of correcting or removing the same. If noncompliance
exists, the.Owner shall remedy or remove the same within a period of not more than 45 days from
the date of announcement of the Board Wiling. If the Owner does not comply with the Board's ruling
within such period, the Board, at its option, may either remove the noncomplying Improvement or
remedy the noncompliance, and the Owner shall reimburse the Association upon demand for all
expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner
to the Association, the Board shall levy an Assessment against such Owner and the Improvement
in question and the land upon which the same is situated for reimbursement and the same shall
constitute a lien upon such land and Improvement and be enforced as provided in this Declaration.
5.8.4 If for any reason after receipt of such written notice of completion from the
Owner, the Committee fails to notify the Owner of the noncompliance within the period provided
above in Section 5.8.2 the Improvement shall be deemed to be in accordance with the approved
Plans and Specifications.
5.9 Inspection of Work in Progress. The Committee may inspect all work in progress and
give notice of noncompliance as provided in Section 5.8.2. If the Owner denies that such
noncompliance exists, the procedures set out in Section 5.8.3 shall be followed, except that no
further work shall be done, pending resolution of the dispute, which would hamper correction of the
noncompliance if the Board finds that such noncompliance exists.
5.10 Non -Liability of Committee Members. Neither the Committee nor any member thereof
nor the Board nor any member thereof shall be liable to the Association or to any Owner or to any
other Person for any loss, damage or injury arising out of or in any way connected with the
performance of the Committee's or the Board's respective duties under this Declaration unless due
to the willful misconduct or bad faith of the Committee or its members or the Board or its members,
as the case may be. Except insofar as its duties may be extended with respect to a particular area by
a Declaration filed by Declarant or by Declarant and a Developer, as the case may be, the
Committee shall review and approve or disapprove all Plans and Specifications submitted Io it for
any proposed improvement, including the construction, alteration or addition thereof or thereto,
solely on the basis of aesthetic considerations and the overall benefit or detriment which would result
to the surrounding residential area and the Property generally. The Committee shall take into
consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping,
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color schemes, exterior finishes and materials and similar features, but shall not be responsible for
reviewing, nor shall its approval of any Plans or Specifications be deemed approval thereof from the
standpoint of structural safety, engineering soundness, or conformance with building, zoning or other
codes.
5.11 Variances. Subject to federal, state and local laws, ordinances, rules and regulations, the
Committee may authorize variances from compliance with any of the architectural provisions of this
Declaration or the Buffalo Ridge Estates Design Guidelines including restrictions upon height, bulk,
size, shape, floor area, land area, placement of structures, setbacks, building envelopes, colors,
materials, or similar restrictions, when circumstances such as topography, natural obstructions,
hardship, or aesthetic or environmental considerations may, in its sole and absolute discretion,
warrant. Such variances must be evidenced in writing and must be signed by at least a majority of
all of the members of the Committee. If such a variance is granted, no violation of the covenants,
conditions or restrictions contained in this Declaration shall be deemed to have occurred with
respect to the matter for which the variance was granted. The granting of this variance shall not
operate to waive any of the terms and provisions of this Declaration for any purpose except as to the
property and particular provision and in the particular instance covered by the variance. It is
expressly understood that any variance of the type described in this Section 5.11 relates only to the
architectural provisions of this Declaration and/or the Buffalo Ridge Estates Design Guidelines, as
applicable, and does not relate to any federal, state and/or local laws, ordinances, rules and/or
regulations concerning any of the matters described above.
5.12 Easement for Encroachments. If any portion of the Improvements located on a Lot or
the Common Area encroaches upon a Lot or the Common Area, as applicable, including any
encroachments arising or resulting from the repair or reconstruction of such an Improvement, a valid
easement on the surface and for subsurface support below such surface and for the maintenance of
same, so long as it stands, shall and does exist for such encroachment. The easement does not relieve
an Owner of liability in case of willful misconduct nor relieve Declarant or any other person of
liability for failure to adhere to the Plat.
5.13 Maintenance Easement. An easement is hereby granted to the Association, its officers,
agents, employees, and assigns upon, across, over, in, and under the Common Area and a right to
make such use of the Common Area as may be necessary or appropriate to perform the duties and
functions which it is obligated or permitted or perform pursuant to this Declaration.
5.14 Utilities. There is hereby created a blanket easement upon, across, over, and under the
Common Area for utilities and the installation, replacement, repair, and maintenance of utilities
including, but not limited to, water, sewer, gas, telephones, electricity and cable television systems,
if any. By virtue of this blanket easement, it shall be expressly permissible to erect and maintain the
necessary facilities, equipment, appurtenances on the Property and to affix, repair, and maintain
water and sewer pipes, gas, electric, telephone, and television wires, circuits, conduits and meters.
In the event any utility or quasi -utility company furnishing a service covered by the general easement
created herein requests a specific easement by separate recordable document, Declarant reserves and
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is hereby given the right and authority to grant such easement upon, across, over, or under any part
or all of the Common Area without restricting or nullifying the terms hereof; provided, however, that
such right and authority shall cease and terminate upon conveyance by Declarant of the last Lot to
the first Owner thereof other than Declarant. The easement provided for in this Section 5.14 shall
in no way affect, avoid, extinguish, or modify any other recorded easement(s) on the Property.
5.15 Rights of Declarant Incident to Construction. An easement is hereby retained by and
granted to Declarant, its successors and assigns, for access, ingress and egress over, in, upon, under,
and across the Common Area including, but not limited to, the right to store materials thereon and
to make such other use thereof as may be reasonably necessary or incidental to Declarant's
construction on the Property.
5.16 Easements Deemed Created. All conveyances of portions of the Property (including
Lots) hereafter made, whether by the Declarant or otherwise, shall be construed to grant and reserve
the easements contained in this Article 5, even though no specific reference to such easements or to
this Article 5 appears in the instrument of such conveyance.
ARTICLE 6
AMENDMENT
6.1 Amendment. Subject to the provisions of Section 6.2, any amendment to this Declaration
that would terminate the Declaration shall require the affirmative vote or written consent of the
Members to whom at least 75% of the votes in the Association are allocated and, during the Period
of Declarant Control, the written approval of Declarant. Further, any termination of this Declaration
and the planned community created hereby, must be in accordance with C.R.S. § 38-33.3-218.
Except as provided in the foregoing, and subject to Section 6.2, this Declaration may be amended
by the affirmative vote or written consent of the Members to whom at least 67% of the votes in the
Association are allocated and, during the Period of Declarant Control, with the written approval of
Declarant.
6.1.1 An amendment to this Declaration shall be effective only upon the occurrence
of all of the following events:
6.1.1.1 The amendment shall have been reduced to a writing, which writing
shall have been approved (by an affirmative vote or written consent) by the applicable required
percentage of Members and, if applicable, Declarant and the First Mortgagees;
6.1.1.2 A written certificate, executed and acknowledged by the president or
any vice president of the Association, shall be attached to the written amendment which shall state
that such amendment was approved by the applicable required percentage of Members, Declarant
and by all First Mortgagees, if any, who are required to approve such amendment pursuant to Section
6.2; and
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6.1.1.3 The approved written amendment described in Section 6.1.1.1, and
including the certificate described in Section 6.1.1.2 shall be Recorded in the Records.
6.1.2 It will be a presumption subsequent to the Recording of an Amendment to this
Declaration pursuant to Section 6.1.1.2 that all votes and consents required to pass the same pursuant
to this Declaration were duly obtained (at a duly -called meeting of the Association, in the case of
votes). Such presumption may be rebutted by an action commenced within one (1) year from the date
the amendment is Recorded; in the absence of any such action, such presumption shall thereafter
become conclusive.
6.1.3 Except to the extent expressly permitted or required by the Act, no amendment
made to this Declaration may create or increase Special Declarant Rights, increase the number of
Lots, or change the boundaries of any Lot or the allocated interests of a Lot, or the uses to which any
Lot is restricted, in the absence of unanimous consent of the Owners.
6.2 First Mortgagee Approval. Except to the extent otherwise provided herein, the prior
written consent of at least a majority (i.e., more than 50%) of the votes of the First Mortgagees
(based upon one (1) vote for each Lot encumbered by a First Mortgage) must be obtained to add or
amend any provisions of this Declaration, the Articles, or Bylaws of the Association, which
establish, provide for, govern, or regulate any of the following: (i) voting; (ii) Assessments or
Assessment liens; (iii) any provisions which are for the express benefit of First Mortgagees; or (iv)
any action to terminate this Declaration. Nothing contained in this Section 6.2 may operate to (a)
deny or delegate control over the general administrative affairs of the Association by the Owners or
the Board; or (b) prevent the Association or the Board commencing, intervening in, or settling any
solicitation or proceeding; or (c) prevent any insurance trustee or the Association from receiving and
distributing any insurance proceeds pursuant to C.R.S. § 38-33.3-313.
6.3 Notice of Action. Upon written request to the Association, identifying the name and
address of the First Mortgagee or insurer or guarantor of the First Mortgage and the residence
address of the Lot which is subject to such First Mortgage, each such First Mortgagee of a Lot, or
insurer or guarantor of such a First Mortgage, shall be entitled to timely written notice of:
6.3.1 Any condemnation or casualty loss which affects a material portion of the
Property or any Lot subject to a First Mortgage held, insured, or guaranteed by such First Mortgagee,
insuror, or guarantor of a First Mortgage;
6.3.2 Any delinquency in the payment of Assessments or charges owed to the
Association by the Owner of the Lot subject to a First Mortgage held, insured, or guaranteed by such
First Mortgagee, insuror, or guarantor, or any default by such Owner in any obligation under the
Declaration, Articles of Incorporation, or Bylaws of the Association and the Board of Directors of
the Association has actual knowledge of such default, when such delinquency and/or default remains
uncured for a period of 60 days;
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6.3.3 Any lapse, cancellation, or material modification of any insurance policy or
fidelity bond maintained by the Association; and
6.3.4 Any proposed action which would require the consent of a specified percentage
of First Mortgagees as provided in this Article 6.
6.4 Expenses. All expenses associated with preparing and recording an amendment to this
Declaration shall be the sole responsibility of the Association; provided, however, that if the
particular amendment is required as a result of the Declarant's exercise of its Special Declarant
Rights, then all such expenses shall be the sole responsibility of the Declarant.
ARTICLE 7
MISCELLANEOUS
7.1 Term. This Declaration, including all of the covenants, conditions and restrictions
contained herein, shall run with and bind the Property up to and including the 25th anniversary of
the date of Recording of this Declaration, unless amended as herein provided. After such 25th
anniversary, this Declaration, including all covenants, conditions and restrictions contained herein
shall be automatically extended for successive periods of 10 years each, unless amended and
extinguished by a written instrument approved by the Voting Members to whom at least 90% of the
votes in the Association are allocated and recorded in the Records.
7.2 Notices. Any notice permitted or required to be given by this Declaration shall be in
writing and may be delivered personally or by mail. If delivery is made by mail, it shall be deemed
to have been delivered on the third day (other than a Sunday or a legal holiday) after a copy of such
notice has been deposited in the United States mail, postage prepaid, addressed to the Person at the
address given by such Person to the Association for the purposes of service of notices, or to the
residence of such Person if no address has been given to the Association. Such address may be
changed from time to time by notice given by such Person to the Association.
7.3 Severability. In the event that any portion of this Declaration shall become illegal, null
or void or against public policy, for any reason, or shall be held by any court of competent
jurisdiction to be illegal, null or void or against public policy, the remaining portions of this
Declaration shall not be affected thereby and shall remain in force and effect to the fullest extent
permissible by law.
7.4 Condemnation.
7.4.1 In the event proceedings are initiated by any government or agency thereof,
seeking to take by eminent domain the Common Area, any part thereof or any interest therein, with
a value (including loss of value to the balance of the Common Area and improvements thereof), as
_ reasonably determined by the Association in excess of Ten Thousand Dollars ($10,000), the
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Association shall give prompt notice thereof, including a description of the part of or interest in the
Common Area or improvement thereon sought to be so condemned, to all First Mortgagees, all
Members, and to the Declarant. The Association shall have full power and authority to defend in
said proceedings, and to represent the Owners in any negotiations, settlements, and agreements with
a condemning authority for acquisition of the Common Area or part thereof, but the Association
shall not enter into any such proceedings, settlement, or agreements, pursuant to which the Common
Area or any part thereof or any interest therein, or any Improvement thereon or any part thereof or
interest therein, is relinquished, without giving all First Mortgagees, all Members and Declarant at
least 15 days' prior written notice thereof.
7.4.2 In the event, following such proceedings, there is such a taking in condemnation
or by eminent domain of a part of all of the Common Area, the award made for such taking, if such
award is sufficient to repair and restore the Common Area, shall be applied by the Association to
such repair and restoration. If such award is insufficient to repair and restore the Common Area, or
if the full amount of such award is not expended to repair or restore the Common Area, the
Association shall disburse the net proceeds of such award to the Owners, the Owner of each Lot
receiving one (1) equal share, provided that the Association shall first pay out of the share of each
Owner the amount of any unpaid liens or encumbrances on his Lot in the order of the priority of such
liens or encumbrances. No provision of this Declaration or of any other document relating to the
Property shall be deemed to give an Owner or any other party priority over the rights of a First
Mortgagee pursuant to a First Mortgage in the case of a distribution to an owner of insurance
proceeds or condemnation award for losses to or taking of Lots, Common Area, or any combination
thereof.
7.4.3 If a Lot is acquired by eminent domain or part of a Lot is acquired by eminent
domain leaving the Lot Owner with a remnant which may not practically or lawfully be used for any
purpose permitted by the Declaration, the award must include compensation to the Owner for that
Lot and its allocated interests whether or not any Common Areas are acquired. Upon acquisition,
unless the decree otherwise provides, that Lot's allocated interests are automatically reallocated to
the remaining Lots in proportion to the respective allocated interests of those Lots before the taking.
Any remnant of a Lot remaining after part of a Lot is taken under this Section 7.4.3 is thereafter a
Common Area.
7.4.4 Except as provided in Section 7.4.3, if part of a Lot is acquired by eminent
domain, the award must compensate the Owner for the reduction in value of the Lot whether or not
any Common Areas are acquired. Upon acquisition, unless the decree otherwise provides, that Lot's
allocated interests shall not be modified; and
7.4.5 If part of the Common Areas is acquired by eminent domain, that portion of any
award attributable to the Common Areas taken must be paid to the Association. For the purposes of
acquisition of a part of the Common Areas, service of process on the Association shall constitute
sufficient notice to all Owners, and service of process on each individual Owner shall not be
necessary.
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7.4.6 The court decree shall be recorded in every county in which any portion of the
Property is located.
7.4.7 The reallocations of allocated interests pursuant to this Section shall be
confirmed by an amendment to the Declaration prepared, executed, and recorded by the Association.
7.5 Governing Law. This Declaration shall be governed by, and construed under, the laws
of the State of Colorado in existence as of the date of Recording of this Declaration in the Records.
7.6 Fxhibit$. All exhibits and riders attached hereto shall be deemed incorporated herein by
this reference.
7.7 Development Rights and Special Declarant Rights. The Declarant expressly reserves the
Development Rights and the other Special Declarant Rights for the maximum time limit allowed by
law. Unless sooner terminated by a recorded instrument signed by the Declarant, any Development
Right or Special Declarant Right may be exercised by the Declarant for the period of time specified
in the Act. The Declarant shall exercise such Development Rights and Special Declarant Rights in
accordance with the provisions of the Act including, without limitation, C.R.S. § 38-33.3-210.
7.8 Rural Covenant. Weld County is one of the most productive agricultural counties in the
United States. The rural areas of Weld County may be open and spacious, but they are intensively
used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including
conflicts with longstanding agricultural practices and a lower level of services than in town.
Agricultural users of the land should not be expected to change their long established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well run
agricultural activities will generate offsite impacts, including noise from tractors and equipment, dust
from animal pens, field work, harvest, and gravel roads, odor from animal confinement, silage and
manure, smoke from ditch burning, flies and mosquitoes, the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved "out of
the way" of residential development without threatening the efficient delivery of irrigation to fields
which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the size of the State
of Delaware), with more than 3,700 miles of state and county roads outside of municipalities. The
sheer magnitude of the area to be served stretches available resources. Law enforcement is based
on responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal
for roads within subdivisions are of the lowest priority for public works or may be the private
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August 5, 1997
responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services.
Children are exposed to different hazards in the county than in an urban or suburban setting.
Farm equipment and oilfield equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood.
Parents must be responsible for their children.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year
first above written.
DECLARANT:
MARTIN BROTHERS, LLC
BY: an -a, Ot•,1 il t."1 1 r 1 cr
Clara Lee Martin, Manager
STATE OF COLORADO }
} ss.
COUNTY OF
The foregoing Declaration of Covenants, Conditions and Restrictions for Buffalo Ridge
Estates was acknowledged before me this 164 day of Q�_ k J-- , 1997, by Clara
Lee Martin, as manager of Martin Brothers, LLC.
S MY HAND AND OFFICIAL SEAL:
M1056\001DecCCR.BRE
Notary Pub1Yc
My Commission Expires: / /24 /y d
/hr i c)E)4w
// z- .S) 12 n-' ' 0-0c.
(r . I -u O r, k A. x° 4,2-
34
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August 5, 1997
PLAT FOR BUFFALO RIDGE ESTATES
EXHIBIT A
TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
2567312 B-1624 P-631 09/04/1997 04:00P PG 35 OF 44
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BUFFALO RIDGE ESTATES
EXHIBIT `B"
Identifying Number / Addresses for the Property
Block 1:
Lot 1 Falcon Drive
Lot 2 Falcon Drive
Lot 3 Falcon Drive
Lot 4 Falcon Drive
Lot 5 Falcon Drive
Lot 6 Falcon Drive
Lot 7 Falcon Drive
Lot 8 Falcon Drive
Lot 9 Falcon Drive
Lot 10 Falcon Drive
Lot 11 Falcon Drive
Lot 12 Falcon Drive
Lot 13 Falcon Drive
Lot 14 Falcon Drive
Block 2:
Lot 1 Falcon Drive
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August 5, 1997
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 17
Block 3:
Lot 1
Lot 2
Lot 3
Lot 4
M1056\001DecCCRBRE
Falcon Drive
Falcon Drive
Falcon Drive
Falcon Drive
Meadow Lark Road
Pheasant Circle
Pheasant Circle
Falcon Drive
Wren Circle
Pheasant Circle
Meadow Lark Drive
Wren Circle
Wren Circle
Eagle Street
Eagle Street
Eagle Street
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
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2567312 B-1624 P-631 09/04/1997 04:00P PG 37 OF 44
August 5, 1997
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Block 4:
Lot 1
Lot 2
Block 5:
Lot l
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
M1056\001DecCCR.BRE
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
Dove Circle
Dove Circle
Dove Circle
Dove Circle
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
Meadow Lark Road
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August 5, 1997
BUFFALO RIDGE ESTATES
ARCHITECTURAL DESIGN GUIDELINES
APPLICATION
Unless otherwise provided by applicable provisions of the Building and Zoning Code of
Weld County, the following restrictions shall apply to construction in Buffalo Ridge Estates. The
Architectural Review Committee shall have the power to waive or vary any of the standards set forth
herein at its discretion, for good cause shown, but any such waiver or variance by the Architectural
Review Committee shall not result in a standard which is contrary to or less restrictive than Weld
County Codes and Ordinances. The Architectural Review Committee may also establish procedures
which shall govern, among other matters, the submittal and approval by said Committee of all
building plans and specifications by Lot owners, contractors and developers.
INTENT AND PURPOSE
The purpose of these Design Guidelines is to provide single family detached land uses in a
private subdivision with a minimum lot size of approximately three (3) acres, with open space which
blends into the character of the existing topography and surrounding development.
RIGHT OF WAIVER
The Architectural Review Committee of Buffalo Ridge Estates reserves the right to waive
or vary any of the procedures or standards set forth herein at its discretion, for good cause shown,
within the limitations set by Weld County Codes and Ordinances. Every owner or other person who
submits plans to the Architectural Review Committee agrees, by submission of such plans and
specifications, that he/she will not bring any action or suit against the Committee, the Declarant or
the Association to recover damages.
PERMITTED USES
1. One -family dwellings.
2. Permitted accessory uses.
LOT AND BUILDING STANDARDS
1. Height Limitations: No building or structure shall exceed 40 feet in height.
2. Structure Type: No mobile homes, manufactured homes, double -wide trailers
or other trailers shall be permitted on any lot.
M1056\001Ai2567312 B-1624 P-631 09/04/1997 04:00P PG 39 OF 44
Exhibit
C
3. Lot Standards: a. The maximum number of lots shall be 52.
b. The minimum lot area shall be approximately 3.0 acres.
c. All setbacks shall be measured from the foundation
or wall; however, eaves, roof overhangs, and
fireplaces may protrude no more than two (2) feet into
the setback.
4. Front Setback: a. The minimum front setback for any building shall be
20 feet.
b. Corner lots must comply with the vision clearance
requirements outlined by Weld County zoning
requirements.
5. Side Setbacks: a. The minimum side setback for any building shall be
20 feet.
b. The minimum side setback for any building adjacent
to a street shall be 30 feet.
6. Rear Setback: a. The minimum rear setback for any building shall be
65 feet.
7. Minimum Distance: a. The minimum distance between structures shall be 40
feet.
b. The minimum offset for residences when adjacent to
an "A" (agricultural) zone district is 40 feet.
8. Building Footprints: a. The minimum building footprint (minimum square
footage) shall be 1,200 square feet, with a minimum
total living square footage of 1,850 square feet,
exclusive of garages and basements.
9. Sprinkler Systems: a. Fire protection shall be provided by an approved
automatic sprinkler. system and shall be installed
under NFPA 13D standards, 1994 Edition. The
system shall be installed by a state certified company.
Approval shall be by a state certified inspector.
PERFORMANCE REOUIREMENTS
The following timetable for submittal and approval of plans and specifications, as well as for the
commencement of construction and receipt of a Certificate of Occupancy from Weld County shall
be applied in all cases:
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A. Preliminary architectural drawings shall be submitted to the Architectural Review
Committee within one (1) year of the closing and delivery of deed for each lot.
B. Building construction must be commenced within two (2) years of the closing and
delivery of deed for each lot.
C. Construction of the Residence shall be completed according to the architectural
drawings approved by the Architectural Review Committee, and a Certificate of Occupancy obtained
from Weld County within three (3) years of the closing and delivery of deed for each lot.
ENFORCEMENT
Failure to conform to these Guidelines or to obtain necessary approvals from the
Architectural Review Committee will constitute a violation of the Declaration of Covenants,
Conditions, and Restrictions for Buffalo Ridge Estates and shall require, in the sole and absolute
discretion of the Committee, the modification or removal of any improvement at the expense of the
Owner. If the violation is not corrected within the time specified by the Committee, then the
Committee or the Association may levy appropriate fines and/or take any other action permitted
under these Guidelines, the Declaration of Covenants, Conditions and Restrictions of Buffalo Ridge
Estates, and/or Colorado law, and the costs thereof (including attorney fees and costs) shall be
assessed to the Owner. Fines or assessments not paid by the Owner shall become a lien on the lot(s)
of the Owner and the same shall be established and foreclosed as permitted by law.
NO -BUILD AREA RESTRICTIONS
No structures shall be built in the following areas:
1. The 100 year flood plain (except road crossings, drainage and trails), if any.
2. Critical wildlife and wetlands areas as identified on the Plat, if any.
3. Outside the designated building envelope as indicated on the Plat, if any.
4. Upon or extended over any easement.
STREET PARKING REQUIREMENTS
1. A minimum of two (2) parking spaces per dwelling unit shall be provided on
each building site. _
2. No extended parking of homeowner vehicles will be allowed on private road
or common areas.
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FENCES AND RETAINING WALLS MUST CONFORM TO WELD COUNTY CODES
1. Maximum fence height shall be 6 feet.
2. Fence permits are required for the construction of all fences.
3. All fences must be approved by the Architectural Review Committee.
ROOFING
1. Materials selected should be of a texture and color that harmonizes with the
environment. Shake, and bright, shiny materials such as unfinished metal
shall not be allowed. All roofing materials must be approved by the
Architectural Review Committee.
2. All extensions from the roof, such as chimneys, flues, roof vents, gutters,
skylights, etc., must be located and finished to complement other elements
of the design. Chimney hoods are required. No flat roofs shall be permitted.
ACCESSORY BUILDINGS
1. The maximum total square footage of the base of any accessory building/out-
building shall not exceed Weld County limitations.
2. The exterior of any accessory buildings/out-buildings, including the roof,
must be constructed of non -reflective materials which are similar to and
coordinate with the exterior of the main residence. All accessory
buildings/out-buildings shall have pitched roofs.
3. No more than two (2) accessory buildings/out-buildings shall be constructed
on any single lot.
EXTERIOR MATERIALS
1. All exterior materials and finishes shall be wood, stone, stucco, brick or other
materials approved by the Architectural Review Committee.
2. The color of exterior finishes shall be in subdued earth tones, although
brighter accents are permitted, all subject to approval by the Architectural
Review Committee.
3. Foundation walls shall not be exposed except for the top 6 inches.
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TRASH RECEPTACLES
1. All areas used for storage of solid waste shall be screened from off -site
views, using materials and forms complementary to the main building which
shall be reviewed and approved by the Architectural Review Committee.
LIGHTING
1. Lighting shall not cast glare on adjacent or neighboring properties or streets.
2. Pole lights shall be downcast, of "sharp cut-off' design not to exceed 20 feet
in height.
3. Building mounted lights must be directed downward or toward the building.
SIGNS
Permanent or wall mounted entry signs shall be allowed for this development and must
conform to the following:
1. Maximum square feet per face: 32 square feet.
2. Maximum height: 4 feet
3. Number of faces: 2
4. Minimum setback: Outside of site "vision" triangle and
minimum 5 feet from right of way.
5. Lighting method: Concealed from view by landscaping
and/or other methods.
6. Material: Stone/brick/wood
Plans for permanent or wall mounted signs shall be submitted to the Architectural Review
Committee prior to construction and/or installation. The Architectural Review Committee may
reject any proposal in its sole discretion.
ACCESSORY. UTILITY AND SOLAR STRUCTURES
1. Accessory buildings/out-buildings and facilities such as detached garages,
gazebos, greenhouses, tennis courts, pools, barns, etc., shall adhere to the
standards outlined for buildings and siting. No temporary sheds shall be
allowed.
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August 5, 1997
2. All solar equipment shall be incorporated into the structure and be
architecturally compatible with the building.
3. All exterior utility equipment shall be incorporated into the main building or,
along with other detached structures, be architecturally compatible with the
building. All utility connections shall be carefully coordinated to minimize
site disruption.
OPEN SPACE AND COMMON AREA
The principal open space as shown on the Plat within the open space areas
will remain protected and no activity or use which disturbs or damages the
vegetation, drainage or indigenous wildlife shall be permitted.
2. Regrading shall only be permitted to allow the reconfiguration or the
drainage for detention, road crossings, and transitions to adjacent residential
lots. These areas will be designed to be consistent with the character of a
natural drainage. As such, the area will be reserved and landscaped including
plant materials which enhance the value of the open space for wildlife suited
to the area.
3. All open space, common area, and or park areas shall be maintained by the
Homeowners' Association or other assigned entity.
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