HomeMy WebLinkAbout972826.tiffWELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
CITIZEN INQUIRY FORM
1400 N. 17TH AVENUE, GREELEY, CO 80631
PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312
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Shani Eastin
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PICKETT ENGINEERING COMPANY
210 Bank One Plaza, 822 7th Street, Greeley Co 80631
May 22, 1997
Shani Eastin, Planner
Weld County Planning Services
1400 N. 17th Avenue
Greeley CO 80631
Re: Meadowbrook Farm
PEC #319
Dear Shani:
Weld County, Manning Dept.
MAY 2 3 1997
As you know from our telephone conversations, my client, TriCity Ventures LLC, is requesting that I
explore the possibility of expanding Lot 6 of Meadowbrook Farm minor subdivision (this was processed
under Case S-380).
As you can see, on the enclosed two drawings, the request is to expand Lot 6 to the south to utilize that
portion of the ground which is defined on the east by the east property line of the Frank Farm, and to the
south and west by the drainage ditch that leads into the lake at Meadowbrook Farm. Although these
drawings do not reflect an accurate description of the property, they do reflect the intent regarding the
direction of the expansion of the Lot. The east line is defined, but the west line is subject to field location.
TriCity Ventures LLC currently has a very serious buyer for Lot 6, and he is interested in owning the land
to the south; therefore, the request to expand this Lot further to the south. This is simply a request to
expand Lot 6. We will not create a new lot.
While I know this is a very straight -forward and simple request; somehow, I think there are complications
which I do not understand. Therefore, I am putting this into writing so you may contemplate and respond
to me with the appropriate actions that will be necessary to achieve this request.
If you have any questions about it, please call me. Otherwise, I look forward to receiving a response from
you regarding the steps we need to take.
Sincerely,
Pickett Engineering Company
s A. Vckett, P.E.
Principal Engineer
KAP/bc
Enclosures
Phone 970/356-6362 • Fax 970/356-6486
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
MEADOW BROOK FARM
AND
THE MEADOW BROOK FARM COMMUNITY ASSOCIATION
2490119 B-1546 P-748 05/09/96 02:40P PG 1 OF 40 REC DOC
Weld County CO Clerk & Recorder 201.00
•
2490119 B-1546 P-748 05/09/96 02:40P PG 2 OF 40
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I - DEFINITIONS 2
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Architectural Review Committee
Articles of Incorporation
Association
Assessment
Assessable Unit
Board
Bylaws
Common Area
Common Expenses
Declaration
Developer
Equestrian Trail
Federal Mortgage Agencies
First Mortgage
First Mortgagee
Improvements
Institutional Mortgagee
Living Unit
Lot
Member
Mortgage
Mortgagee
Notice
Owner
Person
Project or Properties
Quorum of Owners
Registered Notice
Related User
Single Family
ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION
Section 1
Section 2
Section 3
Section 4
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
4
4
4
5
Existing Property 5
Right to Expand 5
Manner of Annexation 5
Effect of Supplemental Declaration 5
ARTICLE III - ASSOCIATION STRUCTURE AND FORMAT 5
Section 1
Section 2
Section 3
Organization 5
Membership 6
Executive Board 6
ARTICLE IV - DUTIES AND POWERS OF THE MEADOW BROOK FARM
COMMUNITY ASSOCIATION 7
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
General Duties and Powers of Association 7
Duty to Accept Property and Facilities
Transferred by Declarant 7
Duty to Manage and Care for Roads,
Equestrian Trail, Duck Pond and Dam and
Spillway Leading to Duck Pond 7
Duty to Provide Snow Removal on Roads 7
Duty to Pay Taxes and Assessments 7
Duty to Prepare Budgets 8
Duty to Levy and Collect Assessments 8
Duty to Provide Audit 8
Power to Adopt Rules and Regulations . . . 8
Power to Enforce Declaration and Rules and
Regulations 8
i
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2490119 B-1546 P-748 05/09/96 02:40P PG 3 OF 40
Section
Section
Section
Section
11 Power to Provide Special Services for Members 9
12 Power to Employ Managers
13 Power to Engage Employees, Agents and
Consultants
14 General Corporate Powers
ARTICLE V - COVENANT FOR ASSESSMENTS
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
ARTICLE VI
1 General
2 Method of Assessment
3 Relationship of the Association Lien to
4
5
6
7
8
9
10
11
12
13
14
9
9
9
9
9
10
Mortgages . . 10
General Assessments 10
Budget Process • 11
Supplementary Assessments 11
Special Assessments • it
Reimbursement Assessments 11
Time for Payments ▪ 12
Lien for Assessments and Other Amounts . 12
Estoppel Certificate 12
No Abatement ▪ 12
Rights of First Mortgagees 12
Exempt Property ▪ 13
- USE AND OTHER RESTRICTIONS
Section 1
Section 2
Section 3
Section 4
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
ARTICLE VII -
Section 1
Section 2
Section 3
Section 4
13
Nuisances 13
Restriction on Further Subdivision 13
Single -Family Residences 13
Size of Single -Family Residences and
Utilization of Certain Materials in
Construction 13
Common Area Restriction 13
No Imperiling of Insurance 14
No Violation of Law 14
Appearance of Lots 14
Restrictions on Signs 14
Conditions for Architectural Control 14
Rules and Regulations 14
Restrictions on Parking and Storage 14
Animal Barn or Storage Barn 15
Household Pets and Livestock 15
Planting of Trees on Eastern Edge of
Right -of -Way Adjoining Brookside Drive . . . 15
Control of Antennas and Receiving Equipment . 15
Underground Electric Lines 16
No Hazardous Activities • 16
No Annoying Light, Sound or Odors • 16
Dog Runs, Clotheslines and Storage Areas . 16
Garbage and Refuse Disposal 16
Repair ▪ 16
Storage 16
Trash Burning ▪ 16
Temporary Structures 16
Septic Tanks and Septic Tank Fields • 17
Exterior Boundary Fencing 17
Growing Crops ▪ 17
Nondisturbance of Designated Wetlands . 17
Owner's Obligation Upon Resale of Lot . 17
Leases 17
Covenants Run with Land ▪ 17
INSURANCE
18
Insurance 18
Insurance Requirements Generally 18
Insurance for Common Area 18
Insurance on Living Units 19
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2490119 B-1546 P-748 05/09/96 02:40P PG 4 OF 40
Section 5
Section 6
Section
Section
Section
Section
Association Insurance as Primary Coverage
Workmen's Compensation and Employer's
Liability Insurance
7 Notice of Loss to First Mortgagees
8 Annual Review of Insurance Policies
9 Distribution of Insurance Proceeds by
the Association
10 Other Insurance
ARTICLE VIII
Section 1
Section 2
Section 3
ARTICLE IX -
Section 1
Section 2
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
- VARIOUS RIGHTS AND EASEMENTS
19
19
19
19
19
. 20
20
Association Easements 20
Owner Easements 20
Easements Deemed Appurtenant 20
ARCHITECTURAL REVIEW
Activation of the Association Architectural
Review Committee
Deactivation and Reactivation of the
Association Architectural Review
Committee 21
Membership of Committee • 21
Improvement to Property Defined 21
Approval of Improvements Required ▪ 22
Committee Guidelines or Rules • 22
Submission of Plans 22
Criteria for Approval ▪ 22
Architectural Review Fee 23
Decision of Committee ▪ 23
Appeal to Association Board 23
Failure of Committee to Act on Plans . 23
Obtaining Governmental Approvals 23
Prosecution of Work After Approval 23
Notice of Completion 24
Inspection of Work 24
Notice of Noncompliance 24
Failure of Committee to Act After Completion 24
Appeal to Association Board of Finding of
Noncompliance 25
Correction of Noncompliance 25
No Implied Waiver or Estoppel 25
Committee Power to Grant Variances 25
Compensation of Members 26
Meetings of Committee 26
Records of Actions 26
Estoppel Certificates 26
Nonliability for Committee Action 26
21
21
ARTICLE X - TERMINATION AND AMENDMENT OF DECLARATION .
Section 1
Section 2
ARTICLE XI
26
Termination 26
Amendment 27
- CONDEMNATION, DAMAGE OR
DESTRUCTION TO COMMON AREA
Section 1
Section 2
Section 3
ARTICLE XII
Section 1
Section 2
Section 3
Damage or Destruction to Common Area
Owner -Caused Damage
Condemnation Procedure
- MORTGAGEE'S RIGHTS
27
27
27
27
28
Notice to Mortgagee 28
Actions Requiring Both Member
Mortgagee Approval 29
Assessments, Etc 30
Rights of First Mortgagees to
and
Pay
First
iii
2490119 B-1546 P-748 05/09/96 02:40P PG 5 OF 40
ARTICLE XIII - RIGHTS RESERVED BY DECLARANT
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1
2
3
4
5
6
7
8
9
10
11
ARTICLE XIV -
Section 1
ARTICLE XV - GENERAL PROVISIONS
Section
Section
Section
Section
Section
Section
Section
Special Declarant Rights
Additional Reserved Rights
Rights Transferrable
Expansion Rights
Maximum Number of Lots
Development and Withdrawal Rights
Amendment of the Declaration
Amendment of the Map
Interpretation
Construction
Construction Easement
REQUIRED ALLOCATION OF INTERESTS
Allocated Interests 33
33
30
30
30
31
31
31
31
31
32
32
32
32
33
1 Enforcement 33
2 Severability 33
3 Claims 33
4 Waiver 33
5 Conflicts of Provisions 33
6 Owners Right to Examine 33
7 Registration by Owner of Mailing Address 33
EXHIBIT A - LEGAL DESCRIPTION OF
POTENTIAL EXPANSION PROPERTY 35
iv
2490119 B-1546 P-748 05/09/96 02:40P PG 6 OF 40
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
MEADOW BROOK FARM
AND
THE MEADOW BROOK FARM COMMUNITY ASSOCIATION
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THIS DECLARATION, made on the date hereinafter set forth, by
Tri-City Ventures, L.L.C., a Colorado Limited Liability Company,
hereinafter referred to as "Declarant."
WITNESSETH:
WHEREAS, Declarant is the owner of the following described
property located in Weld County, State of Colorado, more
particularly described as follows:
Lots 1 - 6 of Meadow Brook Farm, together with Tract
A and the roads identified as Willow Ridge Drive and
Brookside Drive as those roads are shown on the
subdivision plat of Meadow Brook Farm as recorded in the
real estate records of the Clerk and Recorder of Weld
County.
WHEREAS, this Declaration is executed pursuant to and in
furtherance of a common and general plan (a) to protect and enhance
the quality, value, desirability and attractiveness of all property
which may be subject to this Declaration; (b) to provide for an
association as a vehicle to perform certain functions for the
benefit of owners of property which may become subject to this
Declaration; (c) to define duties, powers and rights of the
association; (d) to define certain duties, powers and rights of
owners of property which may become subject to this Declaration
with respect to the association and with respect to the functions
undertaken by the association; and (e) to create a planned common
interest community as defined in this Declaration; and
WHEREAS, Declarant, for itself, its successors and assigns,
hereby declares that all property herein or hereafter made subject
to this Declaration, in the manner hereinafter provided, and each
part thereof shall, from the date the same becomes subject to this
Declaration, be owned, held, transferred, conveyed, sold, leased,
rented, hypothecated, encumbered, used, occupied, maintained,
altered and improved subject to the covenants, conditions,
restrictions, limitations, reservations, exceptions, equitable
servitudes and other provisions set forth in this Declaration for
the duration thereof, all of which shall run with the title to such
property and be binding upon all parties having any right, title or
interest in said property or any part thereof and upon their heirs,
personal representatives, successors and assigns and shall inure to
the benefit of each party having any such right, title or interest
in said property or any part thereof.
NOW, THEREFORE, the Declarant with this Declaration states
that the real property described in the Preamble is and shall be
held, transferred, sold, conveyed and occupied subject to the
covenants, restrictions, easements, charges, and liens hereinafter
set forth. Additionally, Declarant hereby submits the real estate
identified above to the provisions of the Colorado Common Interest
Ownership Act Sections 38-33.3-101 (the Act), et. seq., Colorado
Revised Statutes, as it may be amended from time to time. In the
event the Act is repealed, the Act, on the effective date of this
Declaration, shall remain applicable.
1
2490119 B-1546 P-748 05/09/96 02:40P PG 7 OF 40
ARTICLE I
DEFINITIONS
Section 1. "Architectural Review Committee" shall mean the
committee that is formed by Article IX of these covenants.
Section 2. "Articles of Incorporation" shall mean the
Articles of Incorporation of the Association, as the same may from
time to time be amended.
Section 3. "Association" shall mean and refer to The Meadow
Brook Farm Community Association, a Colorado corporation,
not -for-profit, its successors and assigns.
Section 4. "Assessment" shall mean and refer to any
assessment levied, charged, or assessed against an Owner in
accordance with the provisions of this Declaration.
Section 5. "Assessable Unit" shall mean and refer to any real
property within the properties which is subject to assessments.
Section 6. "Board" shall mean the Executive Board of the
Association.
Section 7. "Bylaws" shall mean and refer to the duly adopted
Bylaws of the Association, as the same may from time to time be
amended.
Section 8. "Common Area" shall mean and refer to all real
property and any improvements owned or leased by the Association
and made available to the Owners and family or guests of the
Owners. Said areas are intended to be devoted to the common use
and enjoyment of the Owners (subject to the provisions hereof) and
are not dedicated by use by the general public. Common Area shall
also include Willow Ridge Drive and Brookside Drive, which are
dedicated as public roads but are to be maintained as a Common Area
by the Owners of Lots 1 through 6 and will not be maintained by
Weld County.
Section 9. "Common Expenses" shall mean by way of
illustration but not limitation the following: the cost of
operation, maintenance, repair and replacement of the equestrian
trail throughout Meadow Brook Farm; the cost of maintenance, repair
and replacement of roads identified as Willow Ridge Drive and
Brookside Drive as shown on the subdivision plat of Meadow Brook
Farm (dedicated as public roads but to be maintained privately as
Common Area); the cost of snow removal on those two roads; the cost
of maintenance, repair and replacement of the dam, spillway, common
ramps to the pond and pond area described herein as the "duck
pond"; any other costs of Common Area maintenance not previously
described; the replacement of any personal property owned by the
Association; acquisition and maintenance of casualty and other
public liability insurance; any taxes or special assessments
imposed upon the Common Areas or other property of the Association;
legal and accounting fees of the Association; operational fees,
expenses and liabilities incurred by the Association pursuant to or
by reason of this Declaration, the Articles of Incorporation and
Bylaws of the Association; payment of any deficit remaining from a
previous assessment period; the creation and maintenance of a
reasonable contingency or reserve fund or other sums declared
Common Expenses by the provisions of this Declaration; and all
other expenses lawfully incurred by the Association pursuant to
this Declaration, the Articles of Incorporation and Bylaws of the
Association.
Section 10. "Declaration" shall mean the covenants,
conditions, and restrictions, and all other provisions herein set
forth in this entire document, as the same may from time to time be
amended.
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2490119 B-1546 P-748 05/09/96 02:40P PG 8 OF 40
Section 11. "Developer" or Declarant shall mean and refer to
Tri-City Ventures, L.L.C., a Colorado Limited Liability Company,
its successors and assigns; provided, however, that no successor or
assignee of the Developer shall have any rights or obligations of
the Developer hereunder unless such rights and obligations are
specifically set forth in the instrument of succession or
assignment or which pass by operation of law.
Section 12. "Equestrian Trail" shall mean and refer to a
trail created within The Meadow Brook Farm either by the Declarant
or its successors -in -interest for the purpose of horse riding,
walking or bicycling within The Meadow Brook Farm. The equestrian
trail shall be created within a 20 foot drainage and utility
easement as that easement is shown on the Plat of The Meadow Brook
Farm as that Plat is recorded in the real estate records of the
Clerk and Recorder of Weld County.
Section 13. "Federal Mortgage Agencies" shall mean and refer
to those Federal Agencies who have an interest in the properties,
such as the Federal Housing Administration, the Veteran's
Administration, the Federal National Mortgage Association, and the
Federal Home Loan Mortgage Corporation, or successors to their
interest.
Section 14. "First Mortgage" shall mean and refer to any
unpaid mortgage, deed of trust or other security instrument
recorded in the records of the office of the Clerk and Recorder of
Weld County, Colorado, having priority of record over all other
recorded liens except those governmental liens made superior by
statute (such as general ad valorem tax liens and special
assessments). "First Mortgage" shall also mean and refer to any
executory land sales contract wherein the Administrator of Veterans
Affairs, an Officer of the United States of America is the original
seller, whether such contract is recorded or not, and whether such
contract is owned by the said Administrator or has been assigned by
said Administrator and is owned by the Administrator's assignee, or
a remote assignee, and the land records in the Office of the Clerk
and Recorder of Weld County, Colorado show the said Administrator
as having the record title to the Lot.
Section 15. "First Mortgagee" shall mean and refer to an
institutional lender who holds either a first deed of trust or a
first mortgage on a Lot or Living Unit.
Section 16. "Improvements" shall mean and refer to all
improvements now or hereafter constructed including, without
limitation, all Association exterior boundary fencing, exterior
lighting, benches, walks, landscaping, sprinkling systems,
irrigations ditches and parking areas within the project owned by
the Association.
Section 17. "Institutional Mortgagee" or "Institutional
Lender" shall mean and refer to a First Mortgagee which is a
federally or state chartered bank, a federal or state savings bank,
or savings and loan institution, a real estate investment trust, or
any corporation whose primary business is the making, purchasing,
or placing of mortgage loans, who shall perfect a first priority
security position as to any Lot or Living Unit constructed within
the Project.
Section 18. "Living Unit" shall mean and refer to any
structure situated upon the properties designed and intended for
use and occupancy as a residence by a single family.
Section 19. "Lot" shall mean and refer to any numbered area
of land shown as such upon any recorded final filing plat required
by Weld County, Colorado, with the exception of Common Area as
heretofore defined. "Lot" shall also mean a "Unit" as defined in
C.R.S. §38.33-103(30) as originally enacted or subsequently
amended.
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2490119 B-1546 P-748 05/09/96 02:40P PG 9 OF 40
section 20. "Member" shall mean and refer to the Person
designated as such pursuant to Article III.
Section 21. "Mortgage" shall mean and refer to a mortgage,
deed of trust, or other similar security instrument held or owned
by a Mortgagee which encumbers any Lot and/or Living Unit.
Section 22. "Mortgagee" shall mean and refer only to a
Mortgagee under a Mortgage or a beneficiary under a deed of trust
or similar security instrument. For the purpose of this Declaration
and the Bylaws, no Person shall be deemed a Mortgagee until written
notice of such interest has been given to the Association together
with the name and address of the Mortgagee.
Section 23. "Notice" shall mean and refer to (i) written
notice delivered personally or mailed to the last known address of
the intended recipient, or (ii) notice through a Association
publication which is delivered to the Living Units. "Notice to
Mortgagee" shall mean and refer to only written notice delivered
personally or mailed to the last known address of the intended
recipient and not notice through a Association publication.
Section 24. "Owner" means any person, corporation,
partnership, association, contract sellers or other legal entity or
any combination thereof, including Declarant, who owns the record
fee simple interest in one or more Lots and shall include the
purchaser under any executory land sales contract wherein the
Administrator of Veteran's Affairs is seller, whether recorded or
not, and whether owned by said Administrator or his assigns. The
term "Owner" shall include any grantee, transferee, heir,
successor, personal representative, executor, administrator,
devisee, and assign of any Owner but shall not refer to any
Mortgagee as herein defined, or other person or entity having an
ownership interest in any Lot merely as security for the
performance of an obligation, unless such Mortgagee has acquired
title pursuant to foreclosure or any proceeding in lieu of
foreclosure.
Section 25. "Person" shall mean an individual, corporation,
partnership, association, trust, or other legal entity, or any
combination thereof.
Section 26. "Project or Properties" shall mean and refer to
all real property which is subject to the Declaration.
Section 27. "Quorum of Owners" shall mean the representation
by presence or proxy of Members who hold fifty percent (50%) of the
outstanding votes entitled to be cast on any issue.
Section 28. "Registered Notice" shall mean and refer to any
notice which has been signed for by a recipient or has been
certified by the U.S. Postal Service or other entity as having been
delivered to the address of the intended recipient. Failure by
refusal of an intended recipient to acknowledge such Notice shall
nevertheless constitute receipt when such refusal is witnessed by
one other person.
Section 29. "Related User" shall mean any member of the
Family of an Owner who resides with such Owner; guests and invitees
of an Owner; employees and agents of an Owner; and occupants,
tenants and contract purchasers residing in a Living Unit of an
Owner who claim by, or through an Owner.
Section 30. "Single Family" shall have the same meaning as
that term is defined in the zoning ordinance of Weld County,
Colorado, as of the date of the recording of this Declaration or as
amended in the future by the governing body of Weld County,
Colorado.
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2490119 B-1546 P-748 05/09/96 02:40P PG 10 OF 40
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1 - Existing Property. The real property which is and
shall be held, transferred, sold, conveyed and occupied subject to
this Declaration is located in Weld County, Colorado, and includes
those lots, blocks and tracts of land described in the Preamble of
this Declaration, all of which have been platted in accordance with
the subdivision procedures of Weld County, Colorado, and are
located in Weld County, Colorado. The maximum number of Living
Units that may be built within the subdivision is dependent upon
whether the Declarant exercises a right to expand this Declaration
to cover additional real property.
Section 2 - Right to Expand. Declarant reserves the right but
not the obligation to expand this Project, without the approval of
the Owners or First Mortgagees, to include additional land and one
or more additional Lots located upon all or any part of the
Expansion Property as described in Exhibit A, attached hereto .and
incorporated herein by this reference; provided, however, that the
total number of Lots in the project, as expanded, shall not exceed
those permitted by Weld County Subdivision Regulations. The right
of expansion of the Declarant shall be premised upon Declarant
demonstrating reasonable progress in the development or sale of
Lots within the existing project and, if a general plan for
development is required by the FHA or VA, only after the FHA or the
VA has determined that the annexation is in accord with the general
plan for development theretofore approved by FHA or VA. Delays in
development or sale of the Lots resulting from causes beyond the
reasonable control of Declarant, shall not affect the right of
Declarant to annex further property to the project. In any event,
it shall be conclusively presumed that Declarant is reasonably
progressing in the development of Lots within the existing project
if the first annexation proposed by Declarant is effected prior to
the fifth (5th) anniversary of the Recordation of this Declaration,
and if any subsequent annexation proposed by Declarant hereunder is
effected prior to the fifth (5th) anniversary of the Recordation of
the most recently Recorded Supplemental Declaration annexing
property to the project. By accepting a deed to a Lot, each Owner
hereby grants to Declarant the right to expand the project and to
modify the Owner's rights, title and interest in the Common Area
accordingly, as set forth in this Article. Any such expansion
shall be subject only to this Article II and shall not make or
constitute any amendment or modification in this Declaration except
as provided in this Article II.
Section 3 - Manner of Annexation. Additions to the project
may be made by Declarant by the Recordation of one or more
Declaration or other written instruments signed by Declarant. Such
Supplemental Declaration or other instruments shall contain legal
descriptions of the additional real property which shall become
part of the project and shall declare that such property shall be
subject to this Declaration.
Section 4 - Effect of Supplemental Declaration. Upon the
Recording of a Supplemental Declaration, the property described
therein shall be subject to the Restrictions contained in this
Declaration. The property described in a Supplemental Declaration
may be made subject to additional and different Restrictions which
are set forth in the Supplemental Declaration provided such
Restrictions are no less restrictive than those contained in this
Declaration and, if required, are approved in writing by the
Federal Housing Administration and the Veterans Administration.
ARTICLE III
ASSOCIATION STRUCTURE AND FORMAT
Section 1 - Organization. The Association is a nonprofit,
nonstock corporation organized and existing under the laws of
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Colorado, charged with the duties and vested with the powers
prescribed by law and set forth in the Articles of Incorporation
and Bylaws, as such may be amended from time to time, provided that
the Articles of Incorporation and Bylaws shall not for any reason,
be amended or otherwise changed or interpreted so as to be
inconsistent with this Declaration.
Section 2 - Membership.
(a) Basis. Membership shall be appurtenant to the Lot
giving rise to such membership, and shall not be assigned,
transferred, pledged, hypothecated, conveyed or alienated in
any way except as provided in the Declaration, Articles of
Incorporation or Bylaws.
(b) Member's Rights and Duties. Each Member shall have
the rights, duties and obligations set forth in this
Declaration, the Articles of Incorporation or Bylaws.
(c) Voting Rights. The Association shall have one (1)
class of voting membership:
Class A: Class A members shall be all Owners of
Lots as defined in Article I, Section 22. Class A Members
shall be entitled to one (1) vote for each Lot owned.
(d) Exercise of Vote. Class A Membership shall be
appurtenant to and may not be separated from record ownership
of a Lot, and such membership shall automatically transfer to
the new Owner upon any sale, transfer, or other disposition of
a Lot subject to the provisions of this Declaration and any
Supplements thereto. There shall not be more than one (1)
Class A Member for any Lot within the Project. Upon transfer,
sale, or other disposition of all or some of the fee interest
in a Lot, the then Owner shall automatically become the Class
A Member with respect to such Lot. The vote for any
Membership, which is held by more than one (1) person may only
be exercised by one (1) person, or if the Owner is a
corporation, by an officer of such corporation. A written
notice subscribed to by all of such persons or by such
corporation, as the case may be, designating one (1) of such
persons or an officer of such corporation as the person
entitled to cast the vote with respect to such Lot shall be
delivered to the Secretary of the Association prior to the
start of any annual or special meeting of the Association.
Without this written notice, the vote for the Membership shall
not be counted.
Section 3 - Executive Board.
(a)
provided
Composition. The number of Directors shall be as
in the Articles of Incorporation and Bylaws.
(b) Extent of Power.
(1) The Executive Board shall have all powers
the conduct of the affairs of the Association which
enabled by law or the Declaration of Covenants or
Articles of Incorporation and its Bylaws which are
specifically reserved to Members, the Declarant or
Architectural Review Committee by said Documents.
for
are
the
not
the
(2) The Executive Board shall exercise its powers in
accordance with this Declaration of Covenants, Articles
of Incorporation and its Bylaws.
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ARTICLE IV
DUTIES AND POWERS OF THE MEADOW BROOK FARM
COMMUNITY ASSOCIATION
Section 1 - General Duties and Powers of Association. The
Association has been formed to further the common interests of the
Members of the Association. The Association, acting through its
Executive Board or Persons to whom the Board has delegated such
powers, shall have the duties and powers hereinafter set forth and,
in general, the power to do anything that may be necessary or
desirable to further the common interests of the Members of the
Association, to maintain, improve and enhance the Common Area and
to improve and enhance the attractiveness and desirability of the
Project.
Section 2 - Duty to Accept Property and Facilities Transferred
by Declarant. The Association shall accept title to any
improvements, including by way of illustration but not limitation,
any dam constructed on the Common Areas or any portion of the
Common Areas designed to creating holding ponds, any equestrian
trails developed within Meadow Brook Farm and any private roadways
or storm drainage facilities transferred to the Association by the
Declarant, together with the responsibility to perform any and all
of the functions set forth in this Declaration in connection
therewith, provided that such functions are not inconsistent with
the terms of this Declaration. Except as otherwise specifically
approved by resolution of the Executive Board of the Association,
no personal or real property transferred to the Association by the
Declarant shall impose upon the Association any obligation to make
monetary payments to the Declarant, including but not limited to,
any purchase price, rent, charge or fee. Any property interest
transferred to the Association by the Declarant shall not impose
any unreasonable or special burden on the Association other than
the duties set forth hereinafter.
Section 3 - Duty to Manage and Care for Roads, Creek,
Equestrian Trail, Duck Pond and Dam and Spillway Leading to Duck
Pond. Upon commencement of the Common Assessments and following
the installation of the roads identified as Brookside Drive and
Willow Ridge Drive, the equestrian trail, the duck pond and dam,
the creek from Weld County Road 60 to the duck pond and the
spillway leading to the duck pond, the Association shall manage,
operate, care for, maintain, repair and replace Brookside Drive and
Willow Ridge Drive, equestrian trails, duck pond and dam, the creek
from Weld County Road 60 to the duck pond and the spillway leading
to the duck pond so each of those items functions for the purposes
for which they were designed.
Section 4 - Duty to Provide Snow Removal on Roads. The
Association, upon the commencement of Common Assessments, shall
have a duty to remove snow from the roads identified as Brookside
Drive and Willow Ridge Drive as those roads are shown on the
subdivision plat of Meadow Brook Farm. The Association, acting
through its Executive Board, shall determine the snow level depth
which requires action to be taken by the Association regarding snow
removal.
Section 5 - Duty to Pay Taxes and Assessments. The
Association shall be obligated to pay all taxes and assessments
levied on any property or facilities transferred to or acquired and
owned by the Association except taxes and assessments applicable to
the period prior to transfer of such property or facilities by
Declarant which shall be prorated as of the time of such transfer
and paid by Declarant. The Association may contest the validity or
applicability of any such taxes, assessments or impositions so long
as such contest does not jeopardize the title of the Association to
any such property or facilities.
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Section 6 - Duty to Prepare Budgets. The Association shall
prepare budgets as elsewhere provided in this Declaration.
Section 7 - Duty to Levy and Collect Assessments. The
Association shall levy and collect Assessments as elsewhere
provided in this Declaration.
Section 8 - Duty to Provide Audit. The Association may
provide for an annual audit of the accounts of the Association. If
required by a Government Mortgage Agency such audit may be an
independent audit. Copies of the report of the audit will be made
available to any Member who requests a copy of the same upon
payment of such Member of the reasonable cost of copying the same.
Section 9 - Power to Adopt Rules and Reaulations. The
Association may adopt, amend, repeal and enforce rules and
regulations as may be deemed necessary or desirable with respect to
the interpretation and implementation of this Declaration, the
operation of the Association, and the use of any property within
the project. Any such rules and regulations shall be reasonable
and uniformly applied. Such rules and regulations shall be
effective only upon adoption by resolution of the Executive Board
of the Association. Notice of the adoption, amendment or repeal of
any rule or regulation shall be given in writing to each Member of
the Association at the address for notices to Members as elsewhere
provided in this Declaration or the Bylaws of the Association, and
copies of the currently effective rules and regulations will be
made available to each Member upon request and payment of the
reasonable expense of copying the same. Each Member shall comply
with such rules and regulations and shall see that Related Users
comply with such rules and regulations. Such rules and regulations
shall have the same force and effect as if they were set forth in
and were part of this Declaration. In the event of conflict
between the rules and regulations and the provisions of this
Declaration, the provisions of this Declaration shall prevail.
Section 10 - Power to Enforce Declaration and Rules and
Regulations. The Association shall have the power to enforce the
provisions of this Association Declaration and of its rules and
regulations and shall take such action as the Executive Board of
the Association deems necessary or desirable to cause such
compliance by each Member of the Association and each Related User.
Without limiting the generality of the foregoing, the Association
shall have the power to enforce the provisions of this Declaration
and of rules and regulations of the Association by any one or more
of the following means: (a) by entry upon any Lot within the
subdivision (when a bona fide emergency exists), without liability
to the Owner thereof, for the purpose of enforcement or causing
compliance with this Declaration or rules and regulations of the
Association; (b) by commencing and maintaining actions and suits to
restrain and enjoin any breach or threatened breach of the
provisions of this Declaration or the rules and regulations of the
Association, by mandatory injunction or otherwise; (c) by
commencing and maintaining actions and suits to recover damages for
breach of any of the provisions of this Declaration or the rules
and regulations of the Association; (d) by suspension, after notice
and hearing of the voting rights of a Member of the Association
during and for up to sixty (60) days following any breach by such
Member or a Related User of such member of this Declaration or such
rules and regulations, unless the breach is a continuing breach, in
which case such suspension shall continue for so long as such
breach continues; (e) by levying and collecting, after notice and
hearing a Reimbursement Assessment against any member of the
Association for breach of this Declaration or such rules and
regulations by such Member or a Related User of such member; and
(f) by levying and collecting, after notice and hearing as defined
in this Declaration, reasonable and uniformly applied fines and
penalties, established in advance in the rules and regulations of
the Association, from any Member of the Association for breach of
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or failure to comply with this Declaration or such rules and
regulations by such Member or a Related User of such member.
Section 11 - Power to Provide Special Services for Members.
The Association shall have the power to provide services to a
Member or group of members. Any service or services to a Member or
group of Members shall be provided pursuant to an agreement in
writing, or through one or more special service contract(s), which
shall provide for payment to the Association by such Member or
group of Members of the reasonably estimated costs and expenses of
the Association of providing such services, including a fair share
of the overhead expenses of the Association, and shall contain
reasonable provisions assuring that the obligation to pay for such
services shall be binding upon any heirs, personal representatives,
successors and assigns of the Member or group of Members and that
the payment for such services shall be secured by a lien on the
property of the Member or group of Members.
Section 12 - Power to Employ Managers. The Association shall
have the power to retain and pay for the services of a Manager or
Managers to undertake any of the management or functions for which
the Association has responsibility under this Declaration to the
extent deemed advisable by the Association, and may delegate any of
its duties, powers or functions to any such Manager. Any contract
or agreement with any such Manager shall be terminable by the
Association for cause on no more than thirty (30) days' prior
written notice, and shall be terminable by the Association without
cause and without payment of a termination fee on no more than
ninety (90) days' prior written notice. Any such contract or
agreement shall be for a term of no more than one (1) year but may
be subject to renewal for succeeding terms of no more than one (1)
year each. Notwithstanding any delegation to a Manager of any
duties, powers or functions of the Association, the Association and
its Executive Board shall remain ultimately responsible for the
performance and exercise of such duties, powers and functions. Any
agreement or contract with a Manager may contain any other
provisions which are required to be contained therein by any
Government Mortgage Agency.
Section 13 - Power to Engage Employees. Agents and
Consultants. The Association shall have the power to hire and
discharge employees and agents and to retain and pay for legal and
accounting services as may be necessary or desirable in connection
with the performance of any duties or the exercise of any powers of
the Association under this Declaration.
Section 14 - General Corporate Powers. The Association shall
have all of the ordinary powers and rights of a Colorado
corporation formed under the Colorado Nonprofit Corporation Act,
including, without limitation, entering into partnership and other
agreements, subject only to such limitations upon such powers as
may be set forth in this Declaration or in the Articles of
Incorporation or Bylaws of the Association. The Association shall
also have the power to do any and all lawful things which may be
authorized, required or permitted to be done under this Declaration
or the Articles of Incorporation and Bylaws of the Association and
to do and perform any and all acts which may be necessary or
desirable for, or incidental to, the exercise of any of the express
powers or rights of the Association under this Declaration and the
Articles of Incorporation and Bylaws of the Association.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 1 - General. The Association shall have the power to
levy Assessments against the Lots and the Owners thereof, and each
Owner, and, if more than one (1) Person, all such Persons, jointly
and severally, by acceptance of the deed to a Lot, whether or not
it shall be expressed in any such deed, shall be deemed to covenant
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and agree expressly in any such deed to pay all such Assessments in
the manner and for the purposes provided herein. Subject to the
provisions hereof, the Board shall have the power and authority to
determine all matters in connection with Assessments, including the
power and authority to determine where, when, and how Assessments
shall be paid to the Association, and each Owner shall comply with
such determination.
Section 2 - Method of Assessment. All Assessments shall be
levied by the Association against Lots and collected and disbursed
by the Association. The Executive Board shall fix the amount of
the Assessments as provided hereinafter and set the date or dates
such Assessments shall become due.
Section 3 - Relationship of the Association Lien to Mortaaaes.
Except as provided in C.R.S. §38-33.3-316 as originally enacted or
as subsequently amended by the Colorado Legislature, the lien of
the assessments provided for herein shall be subordinate to the
lien of any First Mortgage, including any executory land sales
contract wherein the Administrator of Veterans Affairs (Veterans
Administration) is the seller, whether such contract is owned by
the Veterans Administration or its assigns, and whether such
contract is recorded or not. The lien of such assessments shall be
superior to any homestead exemption or other exemption as is now or
may hereafter be provided by Colorado or Federal law. The
acceptance of a deed to land subject to this Declaration shall
constitute a waiver of the homestead and any other exemption as
against said assessment lien. Sale or transfer of any Lot shall
not affect the liens for said charges except that sale or transfer
of any Lot pursuant to mortgage foreclosure or any proceeding in
lieu thereof, including a deed in lieu of foreclosure or
cancellation or forfeiture of an executory land sales contract
shall extinguish the lien of such charges as to payments which
became due prior to such sale, transfer, cancellation or forfeiture
of executory land sales contract. No sale, transfer, cancellation
or forfeiture of executory land sales contract shall relieve such
Lot from liability for any such charges thereafter becoming due or
from the lien thereof; provided, however, that in the event of
foreclosure of a First Mortgage or the taking of a deed in lieu
thereof, such First Mortgagee shall not be liable for unpaid
assessments or other charges which accrue prior to the acquisition
of title to the Lot in question by such First Mortgagee except to
the extent C.R.S. §38-33.3-316 grants a superior priority to liens
of the Association in relationship to a first mortgage.
Section 4 - General Assessments.
(a) Purpose. The General Assessment shall be used
exclusively to promote the welfare of the Members and in
particular to improve, maintain, and operate the Common Areas
and facilities, including funding of an adequate reserve fund
for maintenance, repair, replacement of those elements of the
Common Areas that must be replaced on a periodic basis, and to
pay annual insurance costs necessary to the Association, all
tax liabilities assessed by any federal, state or local tax
authority relating to the common areas, as well as any
professional fees incurred by the Association.
(b) Basis for Assessment. For General Assessment
purposes all Lots shall be assessed at one hundred percent
(100%) of the General Assessment rate.
(c) Method of Assessment. By vote of a majority of the
Executive Board, the Board shall fix the General Assessment at
an amount which shall be sufficient to meet the obligations
imposed by the Declaration. In the event the Board fails to
fix an Assessment for any fiscal year, then each Assessment
established for the prior year shall automatically be
continued until such time as the Board acts.
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(d) Date of Commencement of General Assessments.
General Assessments shall commence on the first day of the
month following the recording of the subdivision plat by the
Developer/Declarant.
Section 5 - Budget Process. To determine the amount required
to be raised by General Assessments for any fiscal year, the
Executive Board shall prepare an Annual Budget for such fiscal year
showing, in reasonable detail, the various matters proposed to be
covered by the Budget, the estimated costs and expenses which will
be payable, and the estimated income and the funds which will be
available in that fiscal year, and the estimated total amount of
money required to be raised by the General Assessment to cover such
costs and expenses and to provide a reasonable reserve. The total
amount of money required to be raised by the General Assessment for
such fiscal year shall be the amount as determined by the Board
necessary to satisfy the costs and expenses of fulfilling such
functions and obligations of the Association in the coming fiscal
year, including the payment of debts from prior fiscal years,
providing reasonable reserves, and providing a reasonable
carry-over reserve for the following fiscal year. Within thirty
(30) days after adoption of any proposed budget for the common
interest community, the Executive Board shall mail, by ordinary
first-class mail, or otherwise deliver a summary of the budget to
all the Lot Owners and shall set a date for a meeting of the Lot
Owners to consider ratification of the budget not less than
fourteen (14) nor more than sixty (60) days after mailing or other
delivery of the summary. Unless at that meeting a majority of all
Lot Owners present at the meeting, in person or by proxy, rejects
the budget, the budget is ratified, whether or not a quorum is
present. In the event the proposed budget is rejected, the
periodic budget last ratified by the Lot Owners must be continued
until such time as the Lot Owners ratify a subsequent budget
proposed by the Executive Board.
Section 6 - Supplementary Assessments. In the event that the
Board shall determine, at any time or from time to time, that the
amount of the General Assessment is not adequate to pay for the
costs and expenses of fulfilling the Association's obligations
hereunder, one or more Supplementary Assessments may be made for
the purpose of providing the additional funds required. To
determine the amount required to be raised by each Supplementary
Assessment, the Board shall revise the annual budget for such
fiscal year provided in Article V, Section 5, or prepare a new
budget, a copy of which shall be furnished to any Owner, or on
request, to any Mortgagee. Based on such revised or new Budget,
the Board may make a Supplementary Assessment for such fiscal year
against each Lot, the amount of which shall be determined by the
Board as provided in Section 5 of this Article, including the
notice to owners and owners meeting for ratification.
Section 7 - Special Assessments. Special Assessments may be
made for the purposes of raising funds for capital improvements and
for any other Association purpose for which General Assessments may
not or have not been made. Whether to make a Special Assessment
and the amount thereof per Lot shall be determined by the Board;
provided that no Special Assessment shall be valid unless approved
by a majority vote of the Members present and voting in person or
by proxy at any Annual Meeting of the Members of the Association or
at any Special Meeting thereof called for the purpose of
considering such Special Assessment.
Section 8 - Reimbursement Assessments. The Executive Board of
the Association may, subject to the provisions hereof, levy an
Assessment against any Member if (a) the willful or negligent
failure of the Member or Related User of the Member to comply with
this Declaration, the Articles of Incorporation, the Bylaws of the
Association, rules and regulations adopted by the Association, or
guidelines or rules adopted by the Association Architectural Review
Committee have resulted in the expenditure of funds to cause such
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compliance, or (b) it a member or a Related User of the Member
shall fail to pay any fines or penalties established in the rules
and regulations of the Association for breach of or failure to
comply with this Declaration or such rules and regulations. Such
Assessments shall be known as Reimbursement Assessments. The
amount of the Reimbursement Assessments shall be due and payable to
the Association thirty (30) days after notice to the Member of the
decision of the Executive Board of the Association that the
Assessment is owing.
Section 9 - Time for Payments. The General Assessment for
each Lot shall be payable either on an annual, semi-annual or
quarterly basis, as determined by the Executive Board of the
Association. The Executive Board shall issue written notice to
each Lot Owner at least thirty (30) days in advance of the due date
of the assessment. All assessments shall be due and payable upon
the due date identified by the Executive Board. Special and
Supplementary Assessments shall be payable as provided in the
resolutions authorizing the same. All installments of General,
Supplementary, and Special Assessments shall be due and payable
without notice or demand, and all Assessments shall be paid without
any setoff or diminution of any kind. Any Assessment or
installment thereof or other amount payable pursuant to this
Section or under the Articles of Incorporation or its Bylaws which
is not paid when due shall bear interest from the delinquency date
until paid at the maximum rate permitted by law for interest as
provided in Colorado Revised Statutes §38-33.3-315(2) or any
subsequent amendment thereto or such lesser rate as the Board shall
determine and/or may be subject to a late charge as may be set and
uniformly applied by the Board. All payments on account shall be
first applied to interest and late charges and then to the
Assessment payment due.
Section 10 - Lien for Assessments and Other Amounts. The
Association shall have a lien against each Lot to secure payment of
any Assessment and other amounts due and owing to the Association
with respect to that Lot which shall be created and enforced as
provided in Colorado Revised Statutes §38-33.3-316 or any
subsequent amendment thereto.
Section 11 - Estoppel Certificate. Upon payment of a
reasonable fee and upon written request of any Owner, or First
Mortgagee, or any person with any right, title or interest in a Lot
or intending to acquire any right, title, or interest in a Lot, the
Association shall furnish a written statement stating forth the
amount of any Assessments, if any, due or accrued and then unpaid
with respect to such Lot and the amount of the Assessments for the
current fiscal period of the Association payable with respect to
the Lot, which statement shall, with respect to the party to whom
it is issued, be conclusive against the Association, for all
purposes, that no greater or other amounts were then due or accrued
and unpaid.
Section 12 - No Abatement. No diminution or abatement of
Assessments shall be allowed or claimed for any reason including,
without limitation, from the making of repairs or improvements to
the Common Area or from any action taken to comply with any law,
ordinance, or order of a governmental authority.
Section 13 - Rights of First Mortgagees. Any First Mortgagee
of a Lot within the Project may jointly or severally pay any tax or
other charge which is in default and which may have become a charge
or a lien against any common area of the Association, and any First
Mortgagee may jointly or severally pay any overdue premium on
hazard insurance policies or secure new hazard insurance coverage
on the lapse of any such policy, upon common area of the
Association, and any First Mortgagee(s) making such payments shall
be entitled to immediate reimbursement therefor from The Meadow
Brook Farm Community Association.
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Section 14 - Exempt Property. The following property subject
to this Declaration shall be exempted from the Assessments, a
charge and lien created herein: (a) All properties to the extent
of any easement or other interest therein dedicated and accepted by
a public authority and devoted to public use; (b) all Common Areas;
and (c) all properties exempted from taxation by the State or
County Government on the terms and to the extent of such legal
exemption.
ARTICLE VI
USE AND OTHER RESTRICTIONS
Section 1 - Nuisances. No nuisance shall be permitted to
exist or operate upon any property so as to jeopardize property
values or to be detrimental to the well being of any other Member
of the Association.
Section 2 - Restriction on Further Subdivision. No Lot shall
be further subdivided or separated into smaller lots by any Owner,
and no portion less than all of any such Lot, nor any easement or
other interest herein shall be conveyed or transferred by an Owner,
provided that this shall not prohibit deeds of correction, deeds to
resolve boundary line disputes and similar corrective instruments.
Section 3 - Single -Family Residences. No Living Unit shall be
used for any other purpose other than as a single-family residence,
and no business or commercial activity shall be carried on or
within the Project other than those home occupations defined as
such in the Weld County Zoning Code.
Section 4 - Size of Single -Family Residences and Utilization
of Certain Materials in Construction. The ground floor finished
area of any Living Unit or residence, exclusive of open porches,
patios and vehicle garages, shall not be less than 1,600 square
feet. Any Living Unit or single-family residence shall be designed
to accommodate a minimum of two (2) parking spaces and a maximum of
four (4) parking spaces in an attached garage.
As a construction minimum, 25% of the exterior of any Living
Unit or residence shall be masonry, and the precise location, color
and utilization of masonry shall be specifically approved by the
Architectural Review Committee described in Article IX of this
Declaration prior to the construction of the residence.
The maximum building height of any Living Unit or residence
built within the project shall be that prescribed by the height
restriction of the Weld County Zoning ordinance or building code.
All colors of any exterior materials of any Living Unit or
residence, animal barn or storage area or any screening fencing to
be built on a Lot within the project shall be submitted to and
approved by the Architectural Review Committee prior to being
utilized in the construction. Subsequent to initial construction,
any change in exterior color of any type on any building or fencing
shall not be initiated by any Lot Owner until after the submission
of the proposed color change to and approval by the Architectural
Review Committee described in Article IX of this Declaration.
Section 5 - Common Area Restriction. All use and occupancy of
the Common Area shall be subject to and governed by the Rules and
Regulations adopted by the Association. No damage or waste shall
be committed to the Common Area or Improvements located thereon.
The equestrian trail shall be used exclusively for the riding of
horses or for the walking of dogs on leashes or for recreational
walking of Owners or Owners' family members and guests. No
motorized vehicle shall be driven upon the equestrian trail for any
purpose other than maintenance of the path. Bicycling by Owners,
their families or guests shall also be permitting on the equestrian
trail. The "duck pond" shall be available for nonmotorized boating
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recreation by Owners, Owners' family members and guests but shall
not be available for recreational use by any other party. No boat
shall be stored upon the duck pond by any Owner at any time. The
Developer/Declarant represents it has designed the spillway and
duck pond to accept the continuous historical flow of drainage
waters across Meadow Brook Farm. The Developer/Declarant has not
nor will it acquire and convey to the Association or any Lot Owner
any water rights for the augmentation or maintenance of water
levels upon the pond.
Section 6 - No Imperiling of Insurance. Nothing shall be done
or kept in or on any portion of the Project which might result in
an increase in the premiums with respect to insurance obtained for
all or any portion of the Project or which might cause cancellation
of such insurance except with the prior written consent of the
Association.
Section 7 - No Violation of Law. Nothing shall be done or
kept in or on any portion of the Project which would be in
violation of any Statute, Rule, Ordinance, Regulations, Permit, or
validly imposed requirement of any governmental body.
Section 8 - Appearance of Lots. All Lots within the Project
shall be kept in a clean, safe and attractive condition, and no
weeds, rubbish, refuse or garbage shall be allowed to accumulate.
The Owners of any Lot within Meadow Brook Farm shall not allow
weeds to grow on that Lot to a height greater than 12 inches. The
Owners of any Lot shall have the obligation to have the weeds mowed
at any time the weeds on a Lot reach or exceed the height
limitation of 12 inches. In the event an Owner fails to mow the
weeds as required by this Section 8 or fails to remove rubbish or
any other trash that accumulates on the Lot, the Association may,
after sending the Owner a written request asking the Owner to mow
the weeds or remove the rubbish or trash and upon the Owner's
failure to act upon that request within ten (10) days of the
receipt of that request, mow the weeds or remove the rubbish and
recover the cost of those actions as a Reimbursement Assessment as
defined in Article V, Section 8 of this Declaration.
Section 9 - Restrictions on Signs. No signs or advertising
devices of any nature shall be erected or maintained on any part of
the Project (including, without limitation, any Lot) without the
prior written approval of the Architectural Review Board of the
Association.
Section 10 - Conditions for Architectural Control. No
improvements, alterations, repairs, change of paint colors,
excavations, changes in grade or other work which in any way alters
the exterior of any Lot, Living Unit, residence, building of any
type, fencing, Common Area or the improvements located thereon from
its natural or improved state existing on the date such property
was first subject to this Declaration shall be made or done without
compliance with the procedures set forth in Article IX of this
Declaration regarding Architectural control.
Section 11 - Rules and Regulations. Every Owner or guests or
members of the family, or related user, and employees shall
strictly adhere to the Rules and Regulations adopted from time to
time by the Association. The Board may adopt general rules,
including but not limited to, rules to regulate potential problems
relating to the use of the property and the well-being of the
members, such as keeping of animals, storage items, and the use of
all vehicles, storage and use of machinery, use of outdoor drying
lines, antennas, signs, trash, trash containers, maintenance and
removal of vegetation on the properties.
Section 12 - Restrictions on Parking and Storage. Any of the
vehicles hereinafter listed shall not be parked or stored upon any
Lot subject to these covenants unless and until the Lot Owner has
obtained approval for the parking and storage of that vehicle from
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the Architectural Review Committee after compliance with the
procedures set forth in Article IX of this Declaration regarding
Architectural Control. It is not the intent of this Section 12 to
prohibit on -Lot storage of vehicles, but rather to provide for the
parking and storage of vehicles in a manner which promotes
unrestricted views for all Lot Owners within the Project. By way
of illustration but not limitation, vehicles which are subject to
Architectural Review Committee approval prior to being stored or
parked on Lots include, but are not limited to, house trailers,
camping trailers, boat trailers, hauling trailers of any type,
running gear, boats or accessories thereto, motordriven cycles,
motordriven trucks, self-contained motorized vehicles, agricultural
tractors of any type or any type of business vehicle used in any
business of the Lot Owner or any family member of the Lot Owner
except as temporary expedience for loading, delivery or emergency.
The provisions of this Section 12 shall not restrict commercial
vehicles within the properties which are necessary for the
construction of residential dwellings or for the maintenance of the
Common Areas or Lots within the Project.
Section 13 - Animal Barn or Storage Barn. In addition to the
construction of a Living Unit and attached garage, each Lot Owner
may, but shall not be required to, construct an animal barn or a
storage barn in accordance with the building regulations of Weld
County. The square footage of such animal or storage barn shall
not exceed 1,500 square feet and shall be subject to the height
restrictions set forth in the Weld County Zoning & Building
ordinances. Any animal or storage barn shall require architectural
approval prior to its construction and shall comply with the
procedures set forth in Article IX of this Declaration regarding
architectural control.
Section 14 - Household Pets and Livestock. Household pets
shall include only dogs and cats. Each Owner shall have the right
to keep two (2) household pets on any Lot. Additional household
pets or pets other than dogs and cats may only be kept with
approval of the Executive Board. Household pets shall be subject
to any rules and regulations and all governmental ordinances or
laws applicable to each Lot within the subdivision. Each Owner
shall be responsible for cleanup and removal of his/her pets'
excrement from the Common Area and any Lot. No pets or livestock
may run loose, either on any Lot, the Common Area or any private
drive at any time.
Each Lot is further restricted to prevent the keeping of any
other livestock other than horses on a Lot. The Owners of a Lot
may keep the following number of horses on that Lot as identified
herein. Any additional horses brought onto a Lot by an Owner in
violation of the restricted number set forth in this Section 13
shall authorize the Association to take action for the removal of
those horses which are in excess of the restrictions identified
herein. If the Association is required to take such action for
removal, the Owner found to be in violation shall pay all costs
associated with actions necessary to enforce this restriction,
including reasonable attorney's fees. The horse limitations per
Lot are as follows:
Lot 1 - 3 horses
Lot 3 - 3 horses
Lot 5 - 3 horses
Lot 2 - 3 horses
Lot 4 - 3 horses
Lot 6 - 3 horses
Section 15 - Planting of Trees on Eastern Edge of Right -of -Way
Adjoining Brookside Drive. Neither the Association nor any Lot
Owner within Meadow Brook Farm shall plant any trees of any type on
the eastern property line of the project (eastern edge of Brookside
Drive) beginning at the southeast corner of Lot 6 and extending
north a distance of 250 feet.
Section 16 - Control of Antennas and Receiving Equinment.
Exterior television receiving and transmitting devices, including
receiving or transmission equipment for microwave transmissions and
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radio receiving and transmitting devices shall be allowed subject,
however, to prior written approval of the location of any such
antenna and/or receiving equipment by the Architectural Review
Committee of the Association.
Section 17 - Underground Electric Lines. All electric,
television, radio, telephone line installations and connections
from any property line of a Lot to a Living Unit or other
structures shall be placed underground, except that during the
construction of a Living Unit the contractor or builder may install
a temporary overhead utility line which shall be promptly removed
upon completion of construction.
Section 18 - No Hazardous Activities. No activities shall be
conducted on the project and on improvements constructed on the
project 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 any of the project and no open
fires shall be lighted or permitted on the project except in a
contained barbecue unit while attended and in use for cooking
purposes or within a safe and well -designed interior fireplace.
Section 19 - No Annoying Light. Sound or Odors. No light
shall be emitted from any Lot which is unreasonably bright or
causes unreasonable glare; no sound shall be emitted on any Lot
which is unreasonably loud or annoying; and no odor shall be
emitted on any Lot which is noxious or offensive to others.
Section 20 - Dog Runs. Clotheslines and Storage Areas. Any
clothesline, dog run, drying yards, storage area or wood pile shall
be screened and located within the confines of enclosures such as
a privacy fence or wall located within a Lot so as to conceal them
from the view of neighboring units or any public or private road
and shall be subject to the provisions of this Declaration
regarding Architectural Control.
Section 21 - Garbage and Refuse Disposal. No garbage, refuse,
rubbish, or cuttings shall be deposited on any street, and not on
any Lots unless placed in a container suitably located, solely for
the purpose of garbage pickup. All equipment for the storage or
disposal of such materials shall be kept in clean and sanitary
condition. All areas used for the storage of garbage or refusal
disposal shall be screened by a privacy fence or a wall located
within a Lot so as to conceal them from the view of neighboring
Lots or any public or private road and shall be subject to the
provisions of this Declaration regarding architectural control.
Section 22 - Repair. No activity such as, but not limited to,
maintenance, repair, rebuilding, dismantling, repainting, or
servicing of any kind of vehicles, trailers, or boats, may be
performed on any Lot unless it is done within completely enclosed
structures located on the Lot which screen the sight and sound of
the activity from any public or private road and from adjoining
property nor shall any such activity be performed on the Common
Area. The foregoing restriction shall not be deemed to prevent
washing and polishing of any motor vehicle, boat, trailer, or
motor -driven cycle together with those activities normally incident
and necessary to such washing and polishing.
Section 23 - Storage. No tanks for the storage of gas, fuel,
oil, or other materials shall be erected, placed, or permitted
above or below the surface of the Lot.
Section 24 - Trash Burning. Trash, leaves, and other similar
materials shall not be burned within the Project.
Section 25 - Temporary Structures. No structure of a
temporary character nor any trailer, mobile home, basement, tent,
shack, garage, barn or metal building shall be used on any Lot at
any time.
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Section 26 - Septic Tanks and Septic Tank Fields. Unless
otherwise approved by the Architectural Control Committee, no
septic tank or field system shall be closer than 40 feet to any Lot
line within the Meadow Brook Farm. Septic tanks and septic tank
field systems shall comply with the provisions imposed by Weld
County for the construction of either the tank or the field system.
Section 27 - Exterior Boundary Fencing. All exterior boundary
fencing shall be subject to the provisions of architectural control
and shall not be constructed until approval has been granted as set
forth in Article IX of this Declaration. Temporary fencing or
chain link fencing of any type shall not be constructed as
perimeter fencing within the Meadow Brook Farm. No fencing shall
be constructed by any Lot Owner which will in any way interfere
with the use of the equestrian trail or any easement shown on the
subdivision plat of Meadow Brook Farm.
Section 28 - Growing Crops. No portion of any Lot shall be
used for growing any crops other than for the personal use and
consumption by the Owner and that Owner's livestock. Crops for use
by the Owner's livestock shall be limited to native grasses and
shall not include alfalfa, hay or grain of any variety.
Section 29 - Nondisturbance of Designated Wetlands. The
subdivision plat of Meadow Brook Farm contains a notation which
identifies areas designated by the United States Army Corps of
Engineers as wetlands areas as they affect each Lot within the
subdivision. It is the Declarant's intent to restrict building
construction of any type or the disturbance of identified wetlands
in any manner as those wetlands are designated on the subdivision
plat of Meadow Brook Farm. Each Lot Owner who acquires title from
the Declarant by virtue of the recording of any warranty or quit
claim deed agrees for itself, its successors and assigns, that it
shall not disturb in any manner wetland areas as those areas have
been identified on the subdivision plat of the Meadow Brook Farm.
Section 30 - Owner's Obligation Upon Resale of Lot. The deed
or instrument transferring title to any Lot shall contain a
provision incorporating by reference the covenants and restrictions
set forth in this Declaration, as well as any applicable
Supplementary Declarations.
Section 31 - Leases. Any lease agreements between an Owner
and a tenant shall provide that the tenant shall comply in all
respects to the provisions of this Declaration, the Articles of
Incorporation, Bylaws and rules and regulations of the Association,
and that any failure by the tenant to comply with the terms and
provisions of such documents shall be a default under the lease.
The Board may require information forms to be completed and
security deposits to be made by tenants. Further, all leases shall
be in writing, and a copy thereof shall be provided upon request to
the Executive Board, which may require the use of its approved
lease form or the insertion of particular provisions. After notice
and an opportunity for hearing, the Board may require an Owner to
evict any tenant who has violated any provision of this
Declaration, the Articles of Incorporation or the Bylaws. No
short-term leases (i.e., for terms less than month -to -month) shall
be permitted and no time-sharing or such other forms of interval
ownership shall be permitted.
Section 32 - Covenants Run with Land. It is expressly
understood and agreed that all covenants, conditions, and
restrictions contained herein are intended to and shall run with
the land, and Declarant hereby agrees, for itself and its
successors and assigns, that such covenants, individually and
collectively, touch and concern the land and shall be binding,
fully and in all respects, upon Declarant's successors in title to
the land, regardless of how succession of title may be
accomplished.
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ARTICLE VII
INSURANCE
Section 1 - Insurance. All insurance, other than title
insurance, carried in connection with the Common Area, if any,
Lots, Living Units, Improvements, and Project shall be governed by
the provisions of this Article VII.
Section 2 - Insurance Requirements Generally. The Association
shall obtain and maintain in full force and effect at all times
certain casualty, liability, and other insurance as hereinafter
provided. All such insurance shall be obtained, to the extent
possible, from responsible companies duly authorized and licensed
to do insurance business in the State of Colorado.
To the extent possible, the casualty, property, and liability
insurance shall: (1) provide for a waiver of subrogation by the
insurer as to claims against the Association, its directors,
officers, employees, agents, and members; (ii) provide that the
insurance cannot be canceled, invalidated, or suspended on account
of the conduct of the Association, its officers, directors,
employees, and agents; (iii) provide that the policy of insurance
shall not be terminated, canceled, or substantially modified
without at least thirty (30) days' prior written notice to the
Association; and (iv) provide for a standard Mortgagee's Clause in
favor of all First Mortgagees who have an interest within the
project.
Any insurance policy may contain such deductible provisions as
the Association deems consistent with good business practice and
which shall be consistent with the requirements of any First
Mortgagees. Any loss falling within the deductible portion of a
policy shall be paid by the Association, but may be recovered from
the Lot Owner(s) whom the Association determines to be responsible
for the loss. The cost and expense of all insurance obtained by
the Association shall be paid out of Association funds collected by
Assessments and otherwise as elsewhere provided in this
Declaration.
Section 3 - Insurance for Common Area. In the event the
Association acquires any Common Area, then the Association shall
maintain insurance covering all insurable improvements located or
constructed upon the Common Area, if any. The Association shall
maintain the following types of insurance, to the extent that such
insurance is reasonably available from a carrier with a Best's
Insurance Rating of Class X -B or better:
(a) A policy of property insurance covering all insurable
improvements located on the Common Area, if any, with coverage
sufficient to obtain a replacement cost endorsement providing
that any claim will be settled on a full replacement cost
basis without deduction for depreciation, and including an
"Inflation Guard Endorsement" and an "Agreed Amount
Endorsement." The Association may also purchase a "Demolition
Endorsement," an "Increased Cost of Construction Endorsement,"
a "Contingent Liability from Operation of Building Laws
Endorsement" or the equivalent, and/or coverage on personal
property owned by the Association. Such insurance as
maintained by the Association pursuant to this subsection
shall afford protection against at least the following:
(1) loss or damage by fire and other hazards covered
by the standard all risk form; and
(2) such other risks as shall customarily be covered
with respect to projects similar in construction,
location and use.
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(b) A comprehensive policy of public liability insurance
covering all of the Common Area, if any, insuring the
Association in an amount not less than $1,000,000 covering
bodily injury, personal injury and property damage liability
arising out of a single occurrence, such coverage to include
protection against liability for non -owned and hired
automobile and, if applicable, garagekeeper's liability, water
damage liability, contractual liability, workmen's
compensation insurance for employees of the Association, and
such other risks as shall customarily be covered with respect
to projects similar in construction, location, and use.
All policies of insurance in this Section 3 shall contain
waivers of subrogation and waivers of any defense based on
invalidity arising from any acts of a Member of the Association and
shall provide that the policies may not be canceled or
substantially modified without at least thirty (30) days' prior
written notice to the insured, as well as to the First Mortgagees
of Living Unites who have requested notice of cancellation or
modification from the Association. Duplicate originals of all
policies and renewals thereof, together with proof of payment of
premiums, shall be delivered to any First Mortgagee of any Living
Unit upon written request. The insurance shall be carried in
blanket form naming the Association, as the insured, as trustee and
attorney in fact for all Owners, and their respective First
Mortgagees and each Owner shall be an insured person under such
policies with respect to liability arising out of any such Owner's
membership in the Association.
Section 4 - Insurance on Living Units. Each owner shall be
responsible for obtaining general liability and property insurance
for any living unit owned without participation of the Association.
Insurance coverage on the furnishings and other items of personal
property belonging to an owner shall be the owner's responsibility
as well. Any insurance policy obtained by an Owner shall, to the
extent possible at reasonable cost, contain a waiver of the right
of subrogation by the insurer as to any claims against The Meadow
Brook Farm Community Association, its officers, directors, agents
and employees.
Section 5 - Association Insurance as Primary Coverage. If at
the time of any loss under any policy which is in the name of the
Association, there is other insurance in the name of any Owner and
such Owner's policy covers the same property or loss, or any
portion thereof, which is covered by such Association policy, such
Association policy shall be primary insurance not contributing with
any other insurance.
Section 6 - Workmen's Compensation and Employer's Liability
Insurance. The Association may obtain and maintain workman's
compensation and employer's liability insurance as may be necessary
to comply with applicable laws.
Section 7 - Notice of Loss to First Mortgagees. Provided that
a First Mortgagee has, in writing, requested the following
information and has furnished the Association with the address to
which said First Mortgagee wants the information sent, then in the
event there shall be any damage to or destruction of the Common
Area which shall be in excess of Ten Thousand Dollars ($10,000.00),
timely written notice of any such damage or destruction shall be
given by the Association to such First Mortgagee.
Section 8 - Annual Review of Insurance Policies. All
insurance policies carried by the Association shall be reviewed at
least annually by the Executive Board of the Association to
ascertain that the coverage provided by such policies adequately
covers those risks insured by the Association.
Section 9 - Distribution of Insurance Proceeds by the
Association. In the event that the Association is required to
distribute any insurance proceeds directly to an Owner for losses
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to property, any such distribution shall be made jointly payable to
the Owner and any First Mortgagee of record, as defined in this
Declaration.
Section 10 - Other Insurance. The Association may obtain
insurance coverage against such additional risks as it shall
determine to be appropriate.
ARTICLE VIII
VARIOUS RIGHTS AND EASEMENTS
Section 1 - Association Easements. Declarant hereby expressly
creates and reserves for the benefit of the Association, its
designees, successors and assigns, the following easements:
(a) Easements Over Lots for Maintenance of Common Area.
Easements over and across Lots as may be necessary or
appropriate for the Association to perform duties and
functions which it is obligated or permitted to perform under
this Declaration, including the use, enjoyment, maintenance,
repair, and replacement of any portion of Common Area, or
Improvements thereon, and for access, ingress, and egress
necessary for such use, enjoyment, maintenance, repair and
replacement.
Section 2 - Owner Easements. Declarant hereby expressly
creates and reserves for the benefit of each Lot, and for the
benefit of the Owner of such Lot, the following easements:
(a) Easements for Encroachments. A valid, currently
existing easement for any encroachment, and for the
maintenance of the same, which results from any portion of any
Living Unit on a Lot encroaching upon an adjoining Lot or
adjoining Common Area, whether as a result of errors in
construction of the Living Unit, or reconstruction, repair,
shifting, settlement, or movement of the Living Unit, which
easement shall exist for so long as such Living Unit exists.
(b) Easements Over Common Area for Use and Maintenance of
Living Units. Easements over Common Area as may be necessary
or appropriate for the use, enjoyment, maintenance, repair and
replacement of the Living Unit constructed on such Lot, and
for access, ingress and egress necessary for such use,
enjoyment, maintenance, repair and replacement.
(c) Easements Over Common Area for Utilities. An
easement over, across, under and through Common Area, in the
location where such utilities and related facilities are
originally installed by Declarant or in such other location as
may be designated from time to time by the Association, for
the purpose of installation, operation, maintenance, repair
and replacement of underground utilities and related surface
facilities necessary for the use, enjoyment and operation of
the Living Unit constructed on such Lot, including, but not
limited to, water lines, gas lines, telephone lines and all
equipment and facilities incidental thereto, and for access,
ingress and egress necessary for such installation, operation,
maintenance, repair and replacement.
(d) Limitation on Owners' Rights in Common Area. Except
as is otherwise specifically provided in this Declaration and
except as may be authorized by the Association acting through
its Executive Board, Owners and Related Users of Owners shall
have no right to use or occupy Common Area.
Section 3 - Easements Deemed Appurtenant. The easements and
rights hereinabove created shall be binding upon and inure to the
benefit of the Association or each Lot in the project and the Owner
of each such Lot, as the case may be, and all conveyances of and
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other instruments affecting title to any such Lot or Common Area
shall be deemed to grant and reserve the easements and rights as
are provided for herein, even though no specific reference to such
easements appears in any such conveyance.
ARTICLE IX
ARCHITECTURAL REVIEW
Section 1 - Activation of the Association Architectural Review
Committee. The initial Association Architectural Review Committee
and the provisions of this Article shall not be activated or
effective until the Declarant has sold all Lots within Meadow Brook
Farm and the purchasers of those Lots have built Living Units on
those Lots. Until such time as all Living Units are built upon
Lots within the project, all actions regarding architectural
control shall be decided by the Declarant without participation by
the Executive Board of the Association. The Declarant may
incorporate and utilize any or all of the provisions of this
Article IX to arrive at its decision. Until specifically altered
by written notice to the Owners of Lots other than the Declarant,
the Declarant appoints the following persons to act as the
Architectural Review Committee during the period of original
construction. Those persons nominated to act by the Declarant are:
Jeff Perryman and Tom Frank. Submission of plans required under
Article IX, Section 7 shall be sent to their attention at the
following address:
Jeff Perryman or Tom Frank
361 71st Avenue
P.O. Box 1727
Greeley, CO 80632
Subsequent to the period of original construction, the
Architectural Review Committee shall be the Executive Board of the
Association unless modified as described in Article IX, Section 3
herein.
Section 2 - Deactivation and Reactivation of the Association
Architectural Review Committee. The Executive Board of the
Association may elect, from time to time, to deactivate a
previously activated Association Architectural Review Committee.
Thereafter, the Executive Board shall send notice to all Members
advising the Members of the deactivation of the Association
Architectural Review Committee ("Notice of Deactivation") and shall
Record the Notice of Deactivation. Thirty (30) days after the date
of the Notice of Deactivation the provisions of this Article shall
be suspended and the Association Architectural Review Committee
shall no longer have the powers and duties set forth in this
Article or as may be provided elsewhere in this Declaration. The
Association Architectural Review Committee may be reactivated and
deactivated, from time to time, in accordance with the provisions
set forth in Section 1 above and this Section.
Section 3 - Membership of Committee. The original membership
of the Committee after the period of original construction shall be
the Executive Board of the Association. The Executive Board may,
but shall not be required to, appoint an independent committee to
serve as the Architectural Review Committee. Members of the
Association Architectural Review Committee may, but shall not
necessarily be, members of the Association. Members of the
Association Architectural Review Committee may be removed at any
time by the Executive Board of the Association and shall serve for
such term as may be designated by the Executive Board of the
Association or until resignation or removal by the Board of the
Association. The number of members of the committee shall be three
(3).
Section 4 - Improvement to Property Defined. "Improvement to
Property," requiring approval of the Association Architectural
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Review committee, snail mean and include, without limitation: (a)
the construction, installation, erection or expansion of any
building, structure or other Improvements, including utility
facilities; (b) the demolition or destruction, by voluntary action,
of any building, structure or other Improvements; (c) the grading,
excavation, filling or similar disturbance to the surface of the
land including, without limitation, change of grade, change of
ground level, change of drainage pattern or change of stream bed;
(d) landscaping, planting, clearing or removing of trees, shrubs,
grass or plants; and (e) any change or alteration of any previously
approved Improvement to Property including any change of exterior
appearance, color or texture.
Section 5 - Approval of Improvements Rewired. After the
activation of the Association Architectural Review Committee, the
approval of the Association Architectural Review Committee shall be
required for any Improvement to Property on any lot within the
project, except for any Improvement to Property made by Declarant
and except as prior approval may be waived or certain Improvements
to Property may be exempted in writing or under written guidelines
or rules promulgated by the Association Architectural Review
Committee because approval in such case or cases is not reasonably
required to carry out the purposes of this Declaration.
Section 6 - Committee Guidelines or Rules. The Association
Architectural Review Committee may issue guidelines or rules
relating to the procedures, materials to be submitted and
additional factors which will be taken into consideration in
connection with the approval of any proposed Improvement to
Property. Such guidelines or rules may specify circumstances under
which the strict application of limitations or restrictions under
this Declaration will be waived or deemed waived in whole or in
part because strict application of such limitations or restrictions
would be unreasonable or unduly harsh under the circumstances.
Such guidelines or rules may waive the requirement for approval of
certain Improvements to property or exempt certain Improvements to
Property from the requirement for approval, if such approval is not
reasonably required to carry out the purposes of this Declaration.
Such guidelines or rules may elaborate or expand upon the
provisions herein relating to procedures and criteria for approval.
Such guidelines or rules may specify rules and restrictions
pertaining to the construction of Improvements to property,
including, for example, the storage of construction materials and
hours of construction operations. Such guidelines or rules shall
have the same force and effect as if they were set forth in and
were a part of this Declaration.
Section 7 - Submission of Plans. Prior to commencement of
work to accomplish any proposed Improvement to property, the Owner
or its duly authorized representative proposing to make such
Improvement to property ("Applicant") shall submit to the
Association Architectural Review Committee at its offices such
descriptions, surveys, plot plans, drainage plans, elevation
drawings, construction plans, landscape plans, specifications and
samples of materials and colors as the Association Architectural
Review Committee shall reasonably request showing the nature, kind,
shape, height, width, color, materials, and location of the
proposed Improvement to Property ("Plans"). The Association
Architectural Review Committee may require submission of additional
Plans or other information prior to approving or disapproving the
proposed Improvement to Property. Until receipt by the Association
Architectural Review Committee of all required materials in
connection with the proposed Improvement to Property, the
Association Architectural Review Committee may postpone review of
any materials submitted for approval.
Section 8 - Criteria for Approval. The Association
Architectural Review Committee shall approve any proposed
Improvement to Property only if it deems in its reasonable
discretion that the Improvement to Property in the location
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indicated will not be detrimental to the appearance or the project
in the vicinity of the proposed Improvement to Property; that the
appearance of the proposed Improvement to Property will be in
harmony with the surrounding areas of the project; that the
Improvement to Property will not detract from the beauty,
wholesomeness and attractiveness of the project or the enjoyment
thereof by Owners; and that the upkeep and maintenance of the
proposed Improvement to Property will not become a burden on the
Association. The Association Architectural Review Committee may
condition its approval of any proposed Improvement to Property upon
the making of such changes therein as the Association Architectural
Review Committee may deem appropriate.
Section 9 - Architectural Review Fee. The Association
Architectural Review Committee may, in its guidelines or rules,
provide for the payment of a fee to accompany each request for
approval of any proposed Improvement to Property. The Association
Architectural Review Committee may provide that the amount of such
fee shall be uniform for similar types of any proposed Improvement
to Property or that the fee shall be determine in any other
reasonable manner, such as based upon the estimated cost of the
proposed Improvement to Property.
Section 10 - Decision of Committee. The decision of the
Association Architectural Review Committee shall be made within
thirty (30) days after receipt by the Association Architectural
Review Committee of all materials required by the Association
Architectural Review Committee unless such time period is extended
by mutual agreement. The decision shall be in writing and, if the
decision is not to approve a proposed Improvement to Property, the
reasons therefor shall be stated. The decision of the Association
Architectural Review Committee shall be promptly transmitted to the
Applicant at the address furnished by the Applicant to the
Association Architectural Review Committee.
Section 11 - Appeal to Association Board. If the Association
Architectural Review Committee denies, imposes conditions on, or
refuses approval of a proposed Improvement to Property, the
Applicant may appeal to the Executive Board of the Association by
giving written notice of such appeal to the Association
Architectural Review Committee within twenty (20) days after such
denial or refusal. The Executive Board or a Tribunal appointed
pursuant to the Bylaws of the Association shall hear the appeal in
accordance with the provisions of the Bylaws of the Association for
Notice and Hearing, and the Executive Board for the Association
shall decide whether or not the proposed Improvement to Property or
the conditions imposed by the Association Architectural Review
Committee shall be approved, disapproved or modified.
Section 12 - Failure of Committee to Act on Plans. Any
request for approval of a proposed Improvement to Property shall be
deemed approved, unless disapproval or a request for additional
information or materials is transmitted to the Applicant by the
Association Architectural Review Committee within thirty (30) days
after the date of receipt by the Association Architectural Review
Committee of all required materials including, in the case of
Initial Improvements, final working drawings.
Section 13 - Obtainina Governmental Approvals. Applicant
shall obtain, prior to commencement of construction of any
Improvements to Property, all permits, licenses, certificates,
consents and any other approvals necessary or required pursuant to
any law, ordinance, resolution, order, rule or regulation of any
governmental authority having jurisdiction ("Governmental
Approvals") in order for Applicant to construct, operate and
maintain the Improvements to Property. The Governmental Approvals
shall be deemed to include, but not be limited to, building
approvals by Weld County, Colorado.
Section 14 - Prosecution of Work After Approval. After
approval of any proposed Improvement to Property, the proposed
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Improvement to Property shall be accomplished as promptly and
diligently as possible in complete conformity with the description
of the proposed Improvement of Property, any materials submitted to
the Association Architectural Review Committee in connection with
the proposed Improvement to Property, any conditions imposed by the
Association Architectural Review Committee and in compliance with
the conditions and restrictions of this Declaration.
Section 15 - Notice of Completion. Upon completion of any
Improvement of Property, the Applicant may give written Notice of
Completion to the Association Architectural Review Committee.
Until the date of receipt of such a Notice of Completion, the
Association Architectural Review Committee shall not be deemed to
have notice of completion of such Initial Improvements or
Improvement to Property.
Section 16 - Inspection of Work. The Committee or its duly
authorized representative shall have the right to inspect any
Improvement to Property or the Property itself prior to, during or
after completion of any improvement to the Property. The
Committee's right of inspection of improvements shall terminate
thirty (30) days after the work or improvement shall have been
completed and the respective Owners shall have given written notice
to the Committee of such completion. The Committee's right to
inspection shall not be terminated pursuant to this Section in the
event plans for the construction of improvements or modification of
improvements have not been previously submitted to it by the
Applicant/Owner. If, as a result of any inspection, the Committee
finds that such improvement has been initiated without obtaining
approval of the plans therefore, or is not being constructed in
substantial compliance with the plans approved by the Committee,
the Committee shall have the right to initiate a civil action
seeking injunctive relief against the Owner of the Property and any
contractor or subcontractor who is completing the improvements
without compliance with the Architectural Control provisions of
this Declaration. Should the Committee be successful in obtaining
injunctive relief against the Owner, any contractor or
subcontractor involved in construction of improvements, the
Committee shall be entitled to receive from the Owner all costs of
the action, including reasonable attorney's fees. It is the intent
of this Section to give the Committee the ability to prevent any
construction within the subdivision of any type of improvement that
has not been previously approved by the Architectural Review
Committee.
Section 17 - Notice of Noncompliance. If, as a result of
inspections or otherwise, the Association Architectural Review
Committee finds that any Improvement to property has been done
without obtaining the approval of the Association Architectural
Review Committee, or was not done in substantial compliance with
the approved Plans or other materials furnished to, and any
conditions imposed by, the Association Architectural Review
Committee, or has not been accomplished as promptly and diligently
as possible, then the Association Architectural Review Committee
shall notify the Applicant in writing of the noncompliance; which
notice shall be given, in any event, within thirty (30) days after
the Association Architectural Review Committee receives a Notice of
Completion from the Applicant. The notice shall specify the
particulars of the noncompliance and shall require the Applicant to
take such action as may be necessary to remedy the noncompliance.
Section 18 - Failure of Committee to Act After Completion.
If, for any reason other than the Applicant's act or neglect, the
Association Architectural Review Committee fails to notify the
Applicant of any noncompliance within thirty (30) days after
receipt by the Association Architectural Review Committee of
written Notice of Completion from the Applicant, the Improvement to
Property shall be deemed in compliance if the Improvement to
Property was, in fact, completed as of the date of the Notice of
Completion.
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Section 19 - Appeal to Association Board of Finding of
Noncompliance. If the Association Architectural Review Committee
gives any notice of noncompliance, the Applicant may appeal to the
Executive Board of the Association by giving written notice of such
appeal to the Executive Board of the Association and the
Association Architectural Review Committee within thirty (30) days
after receipt of the notice of noncompliance by the Applicant. If,
after a notice of noncompliance, the Applicant fails to commence
diligently to remedy such noncompliance, the Association
Architectural Review Committee shall request a finding of
noncompliance by the Executive Board of the Association by giving
written notice of such request to the Association and the Applicant
within thirty (30) days after delivery to the Applicant of a notice
of noncompliance from the Association Architectural Review
Committee. In either event, the Executive Board of the Association
or a Tribunal appointed pursuant to the Bylaws of the Association
shall hear the matter in accordance with the provisions of the
Bylaws for Notice and Hearing, and the Executive Board of the
Association shall decide whether or not there has been such
noncompliance and, if so, the nature thereof and the estimated cost
of correcting or removing the same.
Section 20 - Correction of Noncompliance. If the Executive
Board of the Association determines that a noncompliance exists,
the Applicant shall remedy or remove the same within a period of
not more than forty-five (45) days from the date of receipt by the
Applicant of the ruling of the Executive Board of the Association.
If the Applicant does not comply with the Executive Board of the
Association ruling within such period the Executive Board, may, at
its option, record a Notice of Noncompliance against the real
property on which the noncompliance exists, may remove the
noncomplying Initial Improvements or other Improvement to Property
or may otherwise remedy the noncompliance, and the Applicant shall
reimburse the Association, upon demand, for all expenses incurred
in connection therewith. If such expenses are not promptly repaid
by the Applicant, the Executive Board of the Association may levy
a Reimbursement Assessment against the Owner of the Lot for such
costs and expenses. The right of the Association to remedy or
remove any noncompliance shall be in addition to all other rights
and remedies which the Association may have at law, in equity, or
under this Declaration.
Section 21 - No Implied Waiver or Estoppel. No action or
failure to act by the Association Architectural Review Committee or
the Association shall constitute a waiver or estoppel with respect
to future action by the Association Architectural Review Committee
with respect to any Improvement to Property. Specifically, the
approval by the Association Architectural Review Committee of any
Improvement to Property shall not be deemed a waiver of any right
or an estoppel to withhold approval or consent for any similar
Improvement to property or any similar proposals, plans,
specifications or other materials submitted with respect to any
other Improvement to Property.
Section 22 - Committee Power to Grant Variances. The
Association Architectural Review Committee may authorize variances
from compliance with any of the provisions of this Declaration for
property in the project when circumstances such as, but not limited
to, topography, natural obstructions, hardship, aesthetic or
environmental considerations may require. Such variances must be
evidenced in writing and shall become effective when signed by at
least a majority of the members of the Executive Board or a
majority of the members of the Association Architectural Review
Committee. If any such variance is granted, no violation of the
provisions of this Declaration for property in the project shall be
deemed to have occurred with respect to the matter for which the
variance was granted; provided, however, that the granting of a
variance shall not operate to waive any of the provisions of this
Declaration for property in the project for any purpose except as
to the particular property and particular provisions covered by the
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variance, nor shall the granting of a variance affect in any way
the Owner's obligation to comply with Restrictions in any deed or
lease from Declarant or to comply with all governmental laws and
regulations affecting the property concerned, including, but not
limited to, development guides and zoning ordinances and setback
lines or requirements imposed by any governmental authority having
jurisdiction.
Section 23 - Compensation of Members. Members of the
Association Architectural Review Committee may receive
reimbursement of out-of-pocket expenses incurred by them in the
performance of their duties hereunder as compensation for the
performance of such duties if approved by the Executive Board of
the Association.
Section 24 - Meetings of Committee. The Association
Architectural Review Committee shall meet from time to time as
necessary to perform its duties hereunder. The Association
Architectural Review Committee may, from time to time, by
resolution in writing adopted by a majority of the members,
designate a Committee Representative (who may, but need not, be one
of its members) to take any action or perform any duties for or on
behalf of the Association Architectural Review Committee, except
the granting of approval to any Improvement to Property and
granting of variances. The action of such Committee Representative
within the authority of such Committee Representative or the
written consent or the vote of a majority of the members of the
Association Architectural Review Committee shall constitute action
of the Association Architectural Review Committee.
Section 25 - Records of Actions. The Association
Architectural Review Committee shall report in writing to the
Executive Board of the Association all final action of the
Association Architectural Review Committee and the Executive Board
shall keep a permanent record of such reported action.
Section 26 - Estoppel Certificates. The Association shall,
upon the reasonable request of any interested party and after
confirming any necessary facts with the Association Architectural
Review Committee, furnish a certificate with respect to the
approval or disapproval of any Improvement to Property or with
respect to whether any Improvement to Property was made in
compliance herewith. Any Person, without actual notice to the
contrary, shall be entitled to rely on said certificate with
respect to all matters set forth therein.
Section 27 - Nonliability for Committee Action. There shall
be no liability imposed on the Association Architectural Review
Committee, any member of the Committee, any Committee
Representative, the Association, any member of the Executive Board
of either, or Declarant for any loss, damage or injury arising out
of or in any way connected with the performance of the duties of
the Association Architectural Review Committee unless due to the
willful misconduct or bad faith of the party to be held liable. In
reviewing any matter, the Association Architectural Review
Committee shall not be responsible for reviewing, nor shall its
approval of an Improvement to Property be deemed approval of the
Improvement to Property from the standpoint of safety, whether
structural or otherwise, or conformance with building codes or
other governmental laws or regulations.
ARTICLE X
TERMINATION AND AMENDMENT OF DECLARATION
Section 1 - Termination. This Declaration shall continue in
effect until and unless terminated as provided in accordance with
the provisions of C.R.S. §38-33.3-218 as originally enacted or as
subsequently amended by Colorado Legislature.
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Section 2 - Amendment. Unless terminated as provided in
Section 1, each and every provision of this Declaration shall run
with and bind the land for a term of twenty (20) years from the
date recording of this Declaration, after which time this
Declaration shall be automatically extended for successive periods
of ten (10) years each except for provisions stated in Article XII,
Section 2, which identify specific voting requirements for those
actions to be authorized. This Declaration may be amended during
the first twenty (20) year period in accordance with the provisions
of C.R.S. §38-33.3-217 as originally enacted or subsequently
amended by the Colorado Legislature
ARTICLE XI
CONDEMNATION. DAMAGE OR DESTRUCTION
TO COMMON AREA
Section 1 - Damage or Destruction to Common Area. In the
event of damage or destruction to all or a portion of the Common
Area due to fire or other disaster, the insurance proceeds, if
sufficient to reconstruct or repair the damage, shall be applied by
the Association to such reconstruction and repair. If the insurance
proceeds with respect to such Common Area damage or destruction are
insufficient to repair and reconstruct the damaged or destroyed
Common Area, the Association shall present to the Members a notice
of a special assessment for approval by the membership as provided
for in Article V, Section 7 of this Declaration. If such
assessment is approved, the Association shall levy such assessment
and proceed to make such repairs or reconstruction. If such
assessment is not approved, the insurance proceeds may be applied
in accordance with the wishes of the membership as expressed by the
written consent of seventy-five percent (75%) of the Owners other
than Declarant, except that the proceeds shall not be distributed
to the Owners, unless made jointly payable to Owners and the First
Mortgagees of their respective Lots, if any. Such assessment shall
be due and payable as provided by resolution of the Executive
Board, but not sooner than sixty (60) days after written notice
thereof. The assessment provided for herein shall be a debt of
each Owner and a lien on the Lot, and may be enforced and collected
in the same manner as any assessment lien provided for in this
Declaration.
Section 2 - Owner -Caused Damage. If, due to the act or
neglect of an Owner or a Related User of an Owner, whether by
virtue of the exercise by such Owner or Related User of any
easement or right granted to him herein or otherwise, loss or
damage shall be caused to any property, including the Common Area,
and, in the case of damage to property, if such Owner does not
promptly repair and restore any such damaged property to the
condition it was in prior to such damage at such owner's sole cost
and expense, such Owner shall be liable and responsible for the
same except to the extent that such damage or loss is covered by
insurance obtained by the Association and the carrier of the
insurance has waived its rights of subrogation against such Owner.
The amount of such loss or damage may be collected by the
Association from such owner as a Reimbursement Assessment against
such Owner, by legal proceedings or otherwise, and such amount
shall be secured by a lien on the Residential Lot of such Owner as
provided elsewhere in this Declaration for assessments or other
charges.
Section 3 - Condemnation Procedure. 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, any improvement thereon, 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 $10,000, the 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
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condemned, to all First Mortgagees, Members, and to the Declarant.
The Association shall have full power and authority to defend in
said proceedings, but the Association shall not enter into
proceedings, 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, Members, and Declarant at least fifteen (15) days
prior written notice thereof.
In the event, following such proceedings, there is such a
taking in condemnation or by eminent domain of a part or all of the
Common Area, the award made for such taking shall be payable to the
Association, subject to the provisions of C.R.S. §38-33.3-107
regarding the distribution of eminent domain awards as that section
was originally enacted or is subsequently amended by the Colorado
Legislature.
ARTICLE XII
MORTGAGEE'S RIGHTS
Section 1 - Notice to Mortgagee. Each holder of a first deed
of trust on any Lot shall, upon written request by such holder to
the Board, receive any of the following:
(a) Copies of budgets, notices of assessments, insurance
certificates, or any other notices or statements provided
under this Declaration by the Association to the Owner of the
Lot covered by the deed of trust;
(b) Any audited or unaudited financial statements of the
Association within ninety (90) days following the end of any
fiscal year, which are prepared for the Association and
distributed to the Owners subject to the limitation that the
Association shall not be required to provide an audited
financial statement to any owner or mortgagee unless the
holder of the first mortgage requests either an audited or
unaudited financial statement from the Association;
(c) Copies of notices of meetings of the Owners and the
right to be represented at any such meetings by designated
representative;
(d) Notice of the decision of the Owners or the
Association to make any material amendment to this Declaration
(as defined in Federal National Mortgage Association Lending
Guide), the Bylaws, or the Articles of Incorporation of the
Association;
(e) Notice of substantial damage to or destruction of any
Building or Living Unit, or any part of the Common Area;
(f) Notice of commencement of any condemnation or eminent
domain proceedings with respect to any part of the Common Area
or any Lot within the Project;
(g) Notice of any default of the holder's Owner which is
not cured by the Owner within thirty (30) days after the
giving of notice by the Association to the Owner of the
existence of the default;
(h) The right to examine the books and records of the
Association at any reasonable time;
(i) Notice of any lapse, cancellation or material
modification of any insurance policy or fidelity bond
maintained by the Association.
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Section 2 - Actions Requiring Both Member and First Mortgagee
Approval. Notwithstanding anything to the contrary set forth in
this Declaration, the Association shall not:
(a) unless it has obtained the prior written consent of
at least sixty seven percent (67%) of all classes of Members
and 67% of First Mortgagees of Lots (based upon one vote for
each First Mortgage owned):
(1) by act or omission, change, waive, or abandon
any scheme of architectural control, or enforcement
thereof, as set forth in this Declaration, regarding the
design or maintenance of the Lots, improvements thereon
or the Common Area;
(2)
fire and
or
(3)
property
replace,
fail to maintain full current replacement cost
extended insurance coverage on the Common Area,
use hazard insurance proceeds for Common Area
losses for purposes other than to repair,
or reconstruct such property; or
(4) by act or omission, seek to abandon, partition,
subdivide, encumber, sell, or transfer any common
property owned, directly or indirectly, by the
Association for the benefit of the Owners (excluding the
granting of easements for public utilities or other
purposes consistent with the intended use of such common
property); or
(5) effectuate any decision to terminate
professional management and assume self -management of the
Properties;
(6) any change in the voting method;
(7) change the method of determining the
obligations, assessments, dues, or other charges which
may be levied against an Owner;
(8) change the method of determining or the amount
of reserves for maintenance, repair and replacement of
the common areas;
(9) change or alter in any respect the required
insurance coverages or fidelity bonds;
(10) change the Association or owner responsibility
for maintenance and repair of the common area, lots, lot
improvements or Living Units;
(11) Seek to expand or contract the project subject
however to the Special Declarant's right of expansion and
development rights set forth within this Declaration;
(12) change the boundaries of any lot;
(13) change the interests in the general common
areas;
(14) alter this Declaration with respect to leasing
of Living Units or the composition of any right of first
refusal or similar restructure or the right of any Lot
owner to sell, transfer, or convey a lot;
(15) alter any provision within the Declaration,
Articles of Incorporation, or Bylaws which is for the
express benefit of a first mortgage holder or eligible
insurer or guarantor of first mortgage of a Lot within
the project.
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(16) make a decision by the owners Association to
establish self management when professional management
had been required previously by an eligible mortgage
holder;
(17) attempt restoration or repair of the project
(after a hazard damage or partial condemnation) in a
manner other than that specified in the documents;
(18) take any action to terminate the legal status
of the project after substantial destruction or
condemnation occurs;
(19) attempt a termination for reasons other than
substantial destruction or condemnation.
Section 3 - Rights of First Mortgagees to Pay
Assessments, Etc. Any First Mortgagee of a Lot within the Project
may jointly or severally pay any tax or other charge which is in
default and which may have become a charge or a lien against any
common property of the Association, and any First Mortgagee may
jointly or severally pay any overdue premium on hazard insurance
policies or secure new hazard insurance coverage on the lapse of
any such policy upon any common area of the Association, and any
First Mortgagee(s) making such payments shall be entitled to
immediate reimbursement therefor from the Association.
ARTICLE XIII
RIGHTS RESERVED BY DECLARANT
Section 1 - Special Declarant Rights. Declarant hereby
reserves the right from time to time until the Turnover Date, to
perform the acts and exercise the'rights hereinafter specified (the
"Special Declarant Rights"). Declarant's Special Declarant Rights
include the following:
(a) Completion of Improvements. The right to complete
improvements indicated on Plats and Maps filed by the
Declarant.
(b) Exercise of Development Rights. The right to
exercise any Development Right reserved in Article XIII of
this Declaration.
(c) Sales Management and Marketing. The right to
maintain sales offices, management offices, signs advertising
the project and models.
(d) Construction Easements. The right to use easements
through the Common Elements for the purpose of making
improvements within the project or within real estate which
may be added to the project.
(e) Control of Association and Executive Board. The
right to appoint or remove any officer of the Association or
any Executive Board member.
(f) Amendment of Declaration. The right to amend this
Declaration in connection with the exercise of any Development
Rights.
(g) Amendment of Map. The right to amend the Map in
connection with the exercise of any Development Rights.
Section 2 - Additional Reserved Rights. In addition to the
Special Declarant Rights set forth in Section 1 above, Declarant
also reserves the following additional rights (the "Additional
Reserved Rights"):
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(a) Dedications. The right to establish from time to
time, by dedication or otherwise, utility and other easements
for purposes, including but not limited to, paths, walkways,
drainage and conduit installation areas and to create other
reservations, exceptions and exclusions for the benefit of and
to serve the Lot Owners within the project.
(b) Other Rights. The right to exercise any Additional
Reserved Right created by any other provision of this
Declaration.
Section 3 - Rights Transferrable. Any Special Declarant Right
or Additional Reserved Right created or reserved under this Article
for the benefit of Declarant may be transferred to any Person by an
instrument describing the rights transferred and recorded in Weld
County. Such instrument shall be executed by the transferor
Declarant and the transferee.
Section 4 - Expansion Rights. Declarant expressly reserves
the right to subject all or any part of the property described in
"Exhibit A", attached hereto and hereby incorporated by reference
(the "Development Property"), to the provisions of this Declaration
upon the substantial completion of Improvement on the Development
Property. The consent of the existing Lot Owners or Mortgagees
shall not be required for any such expansion, and Declarant may
proceed with such expansion without limitation at its sole option.
Section 5 - Maximum Number of Lots. The maximum number of
Lots in the Project shall not exceed the number of lots allowed by
any governmental entity having jurisdiction over the Property,
pursuant to any development plan for the Property and the
Development Property. Declarant shall not be obligated to expand
the project beyond the number of Lots initially submitted to this
Declaration.
Section 6 - Development and Withdrawal Rights. Declarant
expressly reserves the right to construct additional Units, Common
Areas (the "Additional Improvements") on all or any portion of the
Property reserved for future development in the Declaration or on
the Map. Declarant may exercise its Development Rights on all or
any portion of the reserved Property in whatever order of
development Declarant, in its sole discretion, determines. If all
or any part of the Development Property is submitted to this
Declaration, this right to reserve property for future development
shall apply to such property as well. Declarant expressly reserves
the right to withdraw all or any portion of the Property that is
reserved for future development in the Declaration or on the Map
from the project by recording a document evidencing such withdrawal
in the office of the Clerk and Recorder of Weld County; provided,
however, that no portion of the Property may be withdrawn after a
Lot in that portion of the Property has been conveyed to a
Purchaser. The property withdrawn from the project shall be
subject to whatever easements, if any, are reasonably necessary for
access to or operation of the project. Declarant shall prepare and
record in the office of the Clerk and Recorder of Weld County
whatever documents are necessary to evidence such easements.
Section 7 - Amendment of the Declaration. If Declarant elects
to submit the Development Property (or any part thereof) or the
Additional Improvements to this Declaration or to subdivide,
Declarant shall record an amendment to this Declaration
reallocating the Allocated Interests so that the Allocated
Interests appurtenant to each Unit will be apportioned according to
the total number of Units submitted to the Declaration. The
Allocated Interests appurtenant to each Unit in the project, as
expanded, shall be based on the total number of Lots within the
project, as expanded, and/or on such other information as Declarant
shall reasonably determine is relevant to the reallocation.
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The amendment to this Declaration shall contain, at a minimum,
the legal description of the Development Property, or a part
thereof, or a description of the property on which the Additional
Improvements being submitted to this Declaration are located and a
schedule of the Allocated Interests appurtenant to the Units in the
project as expanded.
Section 8 - Amendment of the Map. Declarant shall,
contemporaneously with the amendment of this Declaration, file an
amendment of the Map showing the location of the Additional
Improvements constructed on the Development Property. The
amendment to the Map shall substantially conform to the
requirements contained in this Declaration.
Section 9 - Interpretation. Recording of amendments to this
Declaration and Map in the office of the Clerk and Recorder of Weld
County shall automatically:
(a) Vest in each existing Lot Owner the reallocated
Allocated Interests appurtenant to the Lot; and
(b) Vest in each existing Mortgagee a perfected security
interest in the reallocated Allocated Interests appurtenant to
the encumbered Lot.
Upon the recording of an amendment to this Declaration, the
definitions used in this Declaration shall automatically be
extended to encompass and to refer to the Property, as expanded.
The Development Property, or any part thereof, or the Additional
Improvements, shall be added to and become a part of the Property
for all purposes. All conveyances of Lots after such expansion
shall be effective to transfer rights in all Common Elements as
expanded, whether or not reference is made to any amendment to this
Declaration or the Map. Reference to this Declaration and the Map
in any instrument shall be deemed to include all amendments to this
Declaration and the Map without specific reference thereto.
Section 10 - Construction. The buildings, structures and
types of improvements to be placed on the Property or the
Development Property or any part thereof shall be of a quality
equal to the improvements previously constructed on the property,
but need not be of the same size, style or configuration. The
improvements may be located anywhere on the Property reserved for
future development or on the Development Property.
Section 11 - Construction Easement. Declarant expressly
reserves the right to perform warranty work, repairs and
construction work and to store materials in secure areas in Lots
and in Comment Elements, and the future right to control such work
and repairs, and the right of access thereto, until its completion.
All work may be performed by Declarant without the consent or
approval of any Lot Owner or Mortgagee. Declarant has such an
easement through the Common Elements as may be reasonably necessary
for the purpose of discharging Declarant's obligations and
exercising Declarant's reserved rights in this Declaration. Such
easement includes the right to construct underground utility lines,
pipes, wires, conduits and other facilities across the land not
designated as reserved for future development in this Declaration
or on the Map for the purpose of furnishing utility and other
services to buildings and improvements to be constructed on the
property so reserved for future development. Declarant's reserved
construction easement includes the right to grant easements to
public utility companies and to convey improvements within those
easements anywhere in the Common Elements not occupied by an
improvement containing Living Units.
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ARTICLE XIV
REOUIRED ALLOCATION OF INTERESTS
Section 1 - Allocated Interests. The common expense liability
and voting in the Association allocated to each Lot are as follows:
(a) The percentage of liability for common expenses
shall be determined by using a formula in which the numerator
is 1 and the denominator is the total number of Lots subject
to this original Declaration or any subsequent amendment of
this Declaration which are shown on a recorded subdivision
plat(s) required by the City of Greeley and recorded with the
Weld County Clerk and Recorder; and
(b) The number of votes in the Association, on the basis
of one (1) vote being allocated to each Lot Owner (not Living
Unit Owner), as determined by the total number of Lots that
have been submitted to this original Declaration or any
subsequent amendment of this Declaration which are shown on a
recorded subdivision plat required by the City of Greeley and
recorded with the Weld County Clerk and Recorder.
ARTICLE XV
GENERAL PROVISIONS
Section 1 - Enforcement. The Association or any Owner shall
have the right to enforce, by any proceeding at law or in equity,
all restrictions, conditions, covenants, reservations, liens, and
charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by any Owner to enforce
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Section 2 - Severability. Invalidation of any of these
covenants or restrictions by judgment or court order shall in no
way affect or limit any other provisions which shall remain in full
force and effect.
Section 3 - Claims. No claim or cause of action shall accrue
in favor of any person in the event of the invalidity of any
provision of this Declaration or for failure of the Association or
Declarant to enforce any provision hereof. This Section may be
pleaded as a full bar to the maintenance of any suit, action, or
arbitration brought in violation of this provision.
Section 4 - Waiver. No provision contained in this
Declaration shall be deemed to have been abrogated or waived by
reason of any failure to enforce the same, irrespective of the
number of violations or breaches which may occur.
Section 5 - Conflicts of Provisions. In case of any conflict
between this Declaration, the Articles of Incorporation or Bylaws
of the Association, this Declaration shall control. In case of any
conflict between the Articles of Incorporation and Bylaws of the
Association, the Articles of Incorporation shall control.
Section 6 - Owners Right to Examine. Each Lot owner shall
have a right to examine the books and records of the Association at
any reasonable time.
Section 7 - Registration by Owner of Mailing Address. Each
Owner shall register a mailing address with the Association, and
except for monthly statements and other routine notices, all other
notices or demands intended to be served upon an Owner shall be
sent by either registered or certified mail, postage prepaid,
addressed in the name of the Owner at such registered mailing
address. All notices, demands, or other notices intended to be
served upon the Executive Board of the Association shall be sent by
33
2490119 B-1546 P-748 05/09/96 02:40P PG 39 OF 40
certifiea mail, postage prepaid, to the office of the Association
at such address as is identified by the Association in writing to
each owner.
IN WITNESS WHEREOF,
on the day of
STATE OF COLORADO
COUNTY OF WELD
Declarant has executed this Declaration
1996.
ss.
By:
Declarant
Tri-City Ventures, L.L.C.,
a Colorado Limited Liability Company,
YMAN, anag
The, regoing instrument was acknowledged before me this
day of , 1996, by JEFFREY A. PERRYMAN, known to me�t6 be
a Manager f Tri-City Ventures, L.L.C., a Colorado Limited
Liability mpany.
WITNESS my hand and official seal.
Notar
Addre :
My Commission Expires:
34
101••.,..• ^r
ir
2490119 B-1546 P-748 05/09/96 02:40P PG 40 OF 40
EXHIBIT A
Legal Description of Potential Expansion Property
Which Could be Subject to this Declaration at a Future Date
NORTH HALF OF NORTHWEST QUARTER (Nz,NW:) OF SECTION 8,
TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD
COUNTY, COLORADO.
j66(-714-. y' //ricer. �t6r
Y
uf-es, LLc
35
MAY 1 '96 15:11 FR•WELD COUNTY GOVT
i
PAGE.001
Arsi a
gLS-441.4...N TO: Gloria Dunn, Weld County Planning Department
FROM: Lee D. Morrison, Assistant Weld County Attorney
WIlD
DATE: May 1, 1996
RE: Meadow Brook Farms Covenants
COLORADO
The covenants appear adequate to provide for assessment of costs of maintenance of roads and
common areas. The language identified as additions: Article II, Section 2, Article XIII, Section
3, 4, 6-9 dealing with development rights of potential expansion property are acceptable.
However, acknowledging the sufficiency of the covenants in no way constitutes a waiver of a
Zoning or Subdivision Ordinance requirements or requirements of the plat and specifically does
not authorize expansion of the project without compliance with County regulations.
A
,7
Assis
LDM/db:Memo/Meadow
^+v Planning Dept.
MAY 01 1996
0VED
orrison
Weld County Attorney
** TOTAL PAGE.001 **
05/01/96 15:20
TX/RX N0.3885 P.001
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O. BOX 326
GREELEY, COLORADO 80632
GEORGE II. OTTENHOFF
KENNETH F. LIND
KM R. LAWRENCE
JEFFREY R. BURNS
April 25, 1996
Mr. Lee Morrison
P.O. Box 1948
Greeley, CO 80631
WELD county
353-2327
(970)356-9160
TELECOPIER
970) 356-1111
Weld County Planning Dept.
APR 3 0 1996
RECEIVED
RE: Tri-City Ventures L.L.C.
Dear Lee:
Pursuant to our last telephone conversation please find enclosed:
1. The affidavit of Harry Frank dated March 28, 1996.
2. The Summary of Consultation dated March 1, 1996.
3. My letter of April 4, 1996 to Dave Nettles responding to the Summary of
Consultation.
4. The proposed Findings of Fact, Conclusions of Law, Ruling and Decree.
As we discussed this should establish that a water right will be decreed for Meadow Brook
Lake and the priority date will probably be based on the affidavit. The priority date is of
little significance, in any event, because the application was filed in 1995. If you have any
questions please call me. Tri-City would like approval of the plat as soon as possible.
Sincerely,
LIND, LAWRENCE & OTTENHOFF
Kim R. Lawrence
KRL/krl
cc: Jeff Perryman (w/o enc)
F 2xIM\TRI-CITYVMORRISON.LTR
• •
From: LEE MORRISON
To: NORTHDOMAIN.NORTHPOST(GDUNN)
Date: 4/29/96 9:25am
Subject: Meadowbrook Farm -Reply
Reply requested when convenient
I have received the documents and advise you that it appears that appropriate and timely steps are being taken to
resolve water rights issues. I will provide you copies of the documents. The condition appears to be satisfied. The
only further request would be that the County be provided evidence of the decree for its records but this should not
delay recording. Lee D Morrison
>>> GLORIA DUNN 04/29/96 07:21 am >>>
Jeff Perryman called me Friday to let me know that you told his attorney Kim Lawrence "no problem" on the water
augmentation plan for the minor subd. I still have not received any documentation (letter) that Kim may have written
back to DOWR. !If you have approved their progress, I would like to have a memo for the file from you. If not,
please let me know. This is the last condition before recording the plat. Thanks
• •
LLND, LAWRENCE & OTTENHOF
ATTORNEYS AT LAW
THE LAW BUQDC\G
toll ELEVENTH AVENUE
P.O. BOX 326
GREELEY. COLORADO 80632
GEORGE H. OTTENHOFF
l NJETH F. LIND
MI R. LAWRENCE
JEFFREY R BURNS
April 4, 1996
Mr. Dave Nettles
Division Engineers Office
Water Division N2 1
800 8th Avenue, #321
Greeley, CO 80631
RE: Application of Tri-City, 95-CW-224
(970) 353-2323
(970) 356-9160
TELECOPIER
(970)356-1111
Dear Dave:
This letter is in response to your Summary of Consultation dated March 1, 1996.
1. Please find enclosed the affidavit of Harry Frank dated March 28, 1996. As
indicated Mr. Frank owned the property on which Lake is located. My original information
was that the pond was constructed 1963, not 1960. Since these application was published
with an appropriation date of December 31, 1963 I do not propose to change the claimed
date.
2. Applicant owns the land upon which the pond is located as stated in the verified
application at paragraph 11. There is no water right to own yet as it is being adjudicated
in this proceeding.
3. See the proposed ruling at paragraphs 10 and 11.
4. See the proposed ruling at paragraph 12.
Please let me know if the ruling is now acceptable to your office and if it can be entered
by the Referee.
Sincerely,
LIND, LAWRENCE & OTTENHOFF
Kim R. Lawrence
F:VQMlTRI CTYNETfLES2.LTR
0
• •
KRL/kr1
cc: Jeff Perryman (w/o enc)
Ray Liesman (w/enc)
F_'XIM\TRICITY W ETTLES2.LTR
WELD COUNTY
TORNEY'S C
March 28th, 1996
Harry Frank
6538 EAST US HWY #34
Loveland , CO 80537
This is affidavit is written to state the facts about the dike on the Meadow Brook
Farm a minor sub -division in Weld County. It was erected prior to my
purchasing the land in 1966. The dike was constructed sometime in early 1960.
It was used to collect the runoff water during the irrigation season. It was
destroyed later by a large storm, perhaps a fifty year storm. We just repaired the
dike and designed it to withstand a hundred year storm.
Sincerely,
Harry Frank hereby signs before me in -2L-d County, State of
Colorado. This ZS' Day of March 1996. My commission expires
Ncp! / lg97
T/lG Y ICJ /��� , Notary Public.
WATER DIVISION ONE
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
800 8th Avenue, Room 321
Greeley, CO 80631
Phone (970) 352-8712
FAX (303) 659-0579
STATE OF
March 1, 1996
DO
Roy Romer
Governor
fames S Lochhead
Ever un.e Dire( r
Hai D. Simpson
Suite Engineer
Richard Stenzel
Division Engineer
SUMMARY OF CONSULTATION HELD FEBRUARY 21, 1996
CASE NO. 95CW224 Tri-Cit
Ventures LLC Weld Count
NOVEMBER 1995 RESUME Meadow Brook Lake. This lake is Tseeking a water storage right for to the La La This wildlife
Re
located oc applicants c are R67W and stores water tributaryfish and
TSN,31, 1963 for recreationapplication states that
in Section 8, conditional. The
r.
date is Decemberproperty prior to December
The claimed appropriationthe owner of the prof Y
purposes. The claimed amount ias constructed f by
this non -jurisdictional damthe following
31, 1963 and has an 18" outlet pipe. until
The Division Engineer can not recommend approval of this application
e of the claimed appropriation date, especially
concerns are addressed:
since the USGS 7.5 minute not show
1) Provide the Court with Windsor d 4 uadrangle map, photorevised 1969,
does p
the existence
of this lake.
Court with proof that the applicant owns these water rights.
devices, acceptable to the Division
2) If not ote lre for the
in place, adequate properly maintained may be required
3) If already and properly also be required to provide
administration
or Water his waternrr applicant may acity curves or
e
this water right. The stage-area-capacity
ta e -area -cap outlet works
administration of and Water Commissioner with g ed with
the Division Engi
neer reservoir must be equipped water course.
tables for this reservoir. T=tor ivy inflows to the nearest caterstc
all out -of -priority water right subject
capable of passing will be a junior it will
e right, if granted,appropriated by source.
4) This water . the times at which water may be
administration. As such, out -of -priority inflows to this reservoir from any
be very limited. All ou must be released without use.
including precipitation,
Any requested information should be sitted to the Water Court, P.O. Box C, Greeley
Colorado 80632 or Telephone 351-7300, 4598.
PROVIDES THAT THE APPLICANTTIEST�
AIAPPLICANT'S, 7 ATTORNE SHALL IGNAIED IORO ELW ER 17� IF ANY THE STATUTE SAC
RERD ILEDRA STATEMENT MAIL OR DELIVER A COPY OF THIS CONSULTATION
MAILED ANY. OPPOSING PART IE;
RECORD WHO FILED A OF HIS ATTORNEY
THIS APPLICATION,
1
DIVISION 1 IF THIS SUMMARY OF CONSULTATION
REQUIRES THAT THE APPLICANT OR ATTORNEY SHALL FILE A CERTIFICATE OF MAILING WITH
WATER CLERK OF
Yk Stenz , P.E.
Richard L. L
Division Engineer
RLS:DLN/dln
xc: Hal D. Simpson, State Engineer
Shawn Hoff, Water Commissioner
RECEIVED MAR 9 4 199E
• f (
DISTRICT COURT, WATER DIVISION N° 1, COLORADO
Case No. 95-CW-224
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING AND DECREE
OF THE WATER COURT
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
TRI-CITY VENTURES, LLC.
IN WELD COUNTY.
THIS CLAIM having been filed with the Water Clerk, Water Division N° 1, on
November 27, 1995, and all matters contained in the application having been reviewed
and evidence having been taken as necessary, the Referee hereby enters the following
Findings of Fact, Conclusions of Law and Ruling:
FINDINGS OF FACT
1. The Applicant is Tri-City Ventures LLC., 1980 44th Avenue, Greeley, Colorado
80550.
2. All notices of this matter required by law have been fulfilled and the Court has
jurisdiction over the subject matter of this application and over all persons and
property affected by it, irrespective of whether they or its owners have appeared.
3. No Statements of Opposition have been filed and the time for filing Statements of
Opposition has expired.
4. A. Name of Structure: MEADOW BROOK LAKE.
B. Legal Description of Structure: In the Northwest Quarter of Section 8, Township
5 North, Range 67 West of the 6th P.M., Weld County, Colorado. See Exhibit 1
which describes the location of the high water line.
C. Legal Description of Diversion Point Commence at the North Y. corner of §8
and consider the West line of the Northeast % to bear South C0°21'28" West and
ail other bearings relative thereto: thence South 57°44'48" West for 629.473 feet
F: xJMITRi.CITY`DECREE1.WPO
95-C W-224
Td -City Ventures L.L.C.
Page -2-
to the East of the spillway of the darn at Meadow Brook Farm.
D. Source of Water. Unnamed draw tributary to the Cache La Poudre River.
E. Appropriation Date: December 31, 1963.
F. Amount Claimed: 30.92 acre feet, conditional
G. Use: Recreation, fish, wildlife.
CONCLUSIONS OF LAW
5. The Court has jurisdiction of the subject matter of this application and all persons
affected hereby, whether they have appeared or not, pursuant to §37-92-203(1),
§37-92-302 and §37-92-304, C.R.S.
6. No Statements of Opposition have been filed and the time for filing Statements of
Opposition has expired.
7. Full and adequate notice of the claim adjudicated herein has been given in the
manner required by law.
RULING AND DECREE
8. ¶1 through ¶7, inclusive, are incorporated herein by reference and made a part of
this Decree as if fully set forth.
9. The appropriation for Meadow Brook Lake in ¶4 above is hereby adjudicated and
decreed.
10. Applicant shall install and maintain such measuring devices and maintain such
records as the Division Engineer may require for administration of this right
11. Water shall not be impounded, except pursuant to the operation of a lawful
exchange, unless entitled to do so by virtue of the priority herein awarded. At all
other times, all inflow of water into the reservoir from any source, including
precipitation, shall be removed by applicant or applicants successors in interest by
draining, pumping or other means, and released into the neoafr e
natural
watercourse below the reservoir and not utilized by applicant applicants
successors in interest in any manner.
FIQMRRI Cw CECREE1.'NPD
•
f
95-CW-224
Tri-City Ventures L.L.C.
Page -3-
12. The priority herein awarded said applicant was filed in the Water Court in the
year of 1995 and shall be administered as having been filed in that year; and
shall be junior to all priorities filed in previous years. As between all rights, filed
in the same calendar year, priority shall be determined by historical dates of
appropriation and not affected by the date of entry of the decree.
13. The conditional water right herein is continued in full force and effect until
, 2002. If Applicants desire to maintain such conditional right,
an application for finding of reasonable diligence shall be filed on or before
, 2002, or a showing made on or before such date that the
conditional water right has become an absolute water right by reason of the
completion of the appropriation.
DATED this
day of , 1996.
Raymond S. Liesman
Water Referee
Water Division No. 1
THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER.
THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE
THE JUDGMENT AND DECREE OF THIS COURT.
BY THE COURT:
Jonathan W. Hays
Water Judge
Water Division No. 1
P:\KIM\TRI-CITY\OECREEI . WPO
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