HomeMy WebLinkAbout950365.tiffDeclaration of Covenants,
Conditions and Restrictions
for
Scotch Pine Estates
Article I -Preamble
Declarants are the owners of that certain property
situated in Weld County, Colorado, described on Exhibit A
hereof ( "the property" ). The Property has been platted as
Scotch Pine Estates by a Plat ("the Plat") recorded
simultaneously with this declaration.
Declarants desire to develop the Property for residential
purposes. Declarants deem it desirable to subject the
Property to the covenants, conditions, and restrictions
set forth in the Declaration in order to preserve the
values of the individual lots and to enhance the quality
of life for all owners of such lots.
The number and type of• animals allowed on each lot within
the Property shall be limited in accordance with the
maximum allowed by Weld County pursuant to Estate Zoning.
Developer shall install a system of carrier ditches such
that all lots within the Property will have irrigation
water available to them. Developer shall also transfer
and assign a one sixth (1/6) interest to an adjudicated
irrigation well located in the northwest corner of Lot 3,
also numbered as permit f 15095--R by the state division of
water resources, to each lot owner. All lots within the
Property shall share in the costs incurred by the
Association to pay assessments for, and provide
distribution of, irrigation water to all lots. The
Association and the owners of all lots shall cooperate
with one another and shall reasonably coordinate their
calls for irrigation water. The costs incurred by the
Association relative to irrigation water shall be borne by
the owners of all lots in the ratio of their respective
metered usage according to rules established by the
Association.
Declarants therefore declare that•all of the Property is
and shall be held, transferred, limitations, conditions,
covenants, obligations, liens, and easements which are set
forth in this Declaration, all of which shall run with the
Property and shall inure to the benefit of, and be binding
upon, all parties having any right, title, or interest in
the Property or any portion thereof, and such person's
heirs, grantees, legal representatives, successors and
assigns.
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Article II •-Definitions
2.1 General. The words and terms defined in this Article
shall have the meanings herein set forth unless the
context clearly indicates otherwise.
2.2 Association shall mean and refer to Scotch Pines
Estates Homeowner's Association, a Colorado Non -Profit
Corporation, established pursuant to Article VI of this
Declaration.
2.3 Developer responsibilities shall refer to the
irrigation well, carrier ditches, and fence constructed
pursuant to the recorded easement with the Union Ditch
Company, and road constructed pursuant to specifications
required by Weld County.
Developer shall install a gravel road according to the
specifications of Weld County.
Developer shall install a fence pursuant to the easement
with the Union Ditch Company.
Developer shall install a system of carrier ditches and
related works such that all lots within the Property will
have irrigation water available to them. Additional
ditches, if needed to service a particular lot, shall be
the responsibility of the lot owner.
The Association shall maintain, repair, and replace the
irrigation well, the aforementioned fence, carrier ditches
and road after each such facility has been installed by
the Developer.
2.4 Developer shall mean Jerke Brothers, a Colorado
Partnership, its successors and assigns.
2.5 Detached Single Family Dwelling shall mean an
independent structure "stick built" on site designed and
occupied as a residence for a single family.
2.6 Lot shall mean a lot as platted and designed on the
Plat, as the same may be amended from time to time;
provided that, if any lot has been divided so that a
portion of an adjoining lot and the other portion of the
lot is owned by another person separately or in
conjunction with all or a part of the other adjoining lot,
then the entire property so held under one ownership shall
be the lot -for the purpose of this Declaration. No more
that six (6) lots shall be permitted and no lot may be
less than 2.5 acres in size pursuant to Weld County Estate
Zoning.
2.7 Single Family shall mean a group of persons related by
blood or marriage living together as a family unit.
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2.8 Subdivision shall mean Scotch Pine Estates.
2.9 Other Terms. Other terms may be defined in specific
provisions contained in the Declaration and shall have the
meaning assigned by each such definition.
Article III - Use and Other Restricitions
3.1 Land Use and Building Types. No lot shall be used
except as the site of a detached single family dwelling.
Said dwelling shall include a private attached garage acco
modating not less than 2 cars or other vehicles.
3.2 Number of Buildings. No more than four (4) buildings
including single family dwelling shall be located on a
lot.
3.3 Easements. Easements for the installation and
maintenance of utilities, irrigation and drainage
facilities are reserved as shown on the Plat•, or utilities
that may be recorded at a later date. Within these
easements, no structure, planting or other materials shall
be placed or permitted to remain which may damage or
interfere with the installation and maintenance of
utilities, which may change the direction of flow of
drainage in the easements. If any landscaping or
structure is installed which violates such requrements,
the Association may give the property owner written notice
to remove such landscaping or structure. If the owner
fails to move the landscaping or structure within► thirty
(30) days of receipt of notice, the Association may have
such work done at the expense of the owner of the lot. If
the work is done by the Association at the owner's
expense, the owner shall pay for such work within ten (10)
days after notice is given in writing to the owner as to
the cost of such work. In the event of failure to pay
within that time and if the Association thereafter incurs
any attorney's fees and costs in collecting such amount
from the owner, all such attorney's fees and costs
incurred shall likewise be a debt owed by the owner to the
Association.
The easement area of each lot and all improvements on it
shall be maintained continuously by the owner of the lot.
3.4 Maintenance of Vacant Lots. The owner of each lot
shall plant and maintain non -weed vegetation and remove
any trash or other debris. If an owner fails to maintain
a vacant lot• in accordance with such requirements, the
Association shall have the right to plant and maintain
non -weed vegetation and remove any trash or other debris.
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The Association shall establish and charge fees to the
owners of such vacant lots, for such services. Such
services shall not be deemed by Section 6.8 of this
Declaration. but shall instead be deemed a service charge
from the Association madesolely to the owners of each of
such vacant lots. The owner shall be liable for
reasonable attorneys' fees and costs incurred by the
Association in collecting such service charge.
3.5 Maintenance of Landscaping. Within one (1) year after
issuance of a certificate of Occupancy for a residence on
each lot, the owner of such lot shall plant at least ten
(10) trees. Five (5) of such trees must have trunks that
area at least two inches (2") in diameter, when planted,
and at least five (5) of such trees shall be evergreens.
3.6 Nuisances. No noxious or offensive activities shall
be carried on upon any lot, nor shall anything be done
theron which may be or may become an annoyance or nuisance
to the neighborh000d.
3.7 Temporary Structures. No structure of a temporary
character, trailer, basement, storage shed or shelter.
shall be permitted on any lot at any time, either
temporarily or permanently, except during the process of
contruction.
3.8 Recreational Vehciles. No trailer, motor home, camper
unit, boat or similar recreational vehicle shall be parked
on the road.
3.9 Aerials -Antennas -Satellite Dishes. No activity shall
be conducted on any lot which interfers with television or
radio reception on any other lot. Satellite dishes may be
installed and maintained.
3.10. Animals. No animals, livestock, birds or poultry of
any kind shall be raised, bred or kept on any lot that are
prohibited under Weld County Estate Zoning limitations.
3.11 Unsightly Uses. All lots shall at all times be
maintained in a clean and sanitary condition, and no
litter or debris shall be deposited or allowed to
accumulate on any lot. All landscaping, including grass,
shall be irrigated, trimmed and maintained in good
condition at all times. Refuse piles and other unsightly
objects or materials shall not be allowed to be placed or
to remain upon any lot.
3.12 Trash Removal. Ali residents within the Subdivision
shall have their trash picked up by the same trash -hauling
company, on the same day of the week. Ateach annual
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meeting of the Association. the Association shall select
the trash --hauling company. Nothing in this Section 3.13
shall prohibit a resident within the Subdivision from
hauling trash or debris for himself or herself. Each
resident within the Subdivision shall be separately liable
fur the trash -hauling charges atribu.table to his or her
lot.
3.13 Home Occupations. The conduct of a home occupation
within a residence in Scotch Pine Estates shall be
considered accessory to the residential use and not a
violation of these Covenants provided that the following
requii enrents are met:
3.13.1 Such home occupation shall not be contrary to
limitations on Estate Zoning in Weld County.
3.13.2 The home occupation shall be conducted only by
the residents of the dwelling, and no nonresidents shall
be employed in conjunction with the home occupation
carried on in the dwelling.
3.13.3 The use by Developer of Developer's home
within the subdivision as a showhome, whether in
connection with Developer's development activities within
the Subdivision, or elsewhere, shall not be deemed a home
occupation hereunder and shall be allowed.
3.11 Disabled Vehicles. Disabled automobiles shall not be
stored on roads, driveways, or lots within the
Subdivision. No person shall repair or rebuild any
vehicle within the Subdivision, except within a garage.
Cars allowed on the roads and driveways in Subdivision
must at all times be operable, currently licensed, and
maintain a current inspection sticker (if such inspection
is required by a governmental entity).
3.15 Restrictions of Leasing of Residences. An owner may
lease his residence subject only to the following
restrictions:
A. No lot owner may lease less than the entire
residence.
B. Any lease agreement shall be required to provide
that the terms of this lease shall be subject in all
respects to the provisions of this Declaration, and the
Bylaws of the Association, and that any failure by the
lessee to comply with the terms of such documents shall be
a default under the lease.
C. All leases shall be in writing and for a term not
less than thirty (30) days.
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3.16 Hazardous Materials. Storage, use or disposal of a
hazardous substance, regulated pollutant or radioactive
materials within the Property which is prohibited by Weld
County shall also be prohibited on any lot.
3.17 Commencing and Finishing Construction. Once
construction of any structure is commenced on any lot,
such structure must be diligently continued and completed
within nine (9) months of commencement. Commencement of
coirtruction shall be deemed to commence with the first
substantial construction activity (including earth work).
3.18 Rebuilding. Any structure which is destroyed in
whole or in part by fire, windstorm or from any other
cause or act of God must be rebuilt, or all debris must be
removed and the lot restored to a sightly condition,
within six months of the time the damage occurs.
3.19 No Subdivision. No lot shall be subdivided or
utilized for more than one detached single family dwelling
(with associated outbuildings and structures). Boundary
adjustments between neighborhing lots shall be allowed. so
long as the total number of lots within the Subdivision is
not thereby increased and no lot shall be less than 2.5
acres.
3.20 Entranceways. The owner of each lot with an
entranceway crossing a carrier ditch shall install a
culvert at least twelve inches (12") in diameter to
accomodate said carrier ditch.
3.21 Ditches. Developer shall install a system of carrier
ditches such that all lots within the Property will have
irrigation water available to them. All lots within the
Property shall share in the costs incurred by the
Association to pay the assessments for maintenance of pump
motor and well and electric, and provide distribution of
irrigation to all lots. The Association and all lot
owners shall reasonably coordinate their needs for
irrigation water. The costs incurred by the Association
relative to irrigation water and the maintenance of the
carrier ditch system shall be borne by the owners of all
lots in the ratio of their respective metered useage
according to rules established by the Association. The
Association shall be solely responsible for the repair,
maintenance, alteration, enlargement, replacement, or
improvement of the carrier ditch system. PROVIDED,
HOWEVER, that the costs of purchasing, installing,
operating, repairing, and the like of any pumps, power
sources, hoses, holding boxes, pipelines, or related
equipment to provide the distribution of irrigation water
from the carrier ditch onto each lot shall be the sole
responsibility of the owner of each such lot. The
Association's Board of Directors shall determine the
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schedule for lot owners use of irrigation well. The
Association shall indemnify the Developer against, and
hold it harmless from, any liability whatever for any
personal injury or property damage claim relating to the
condition of said _irrigation system, arising from any
circumstance or incident occurring after the system is
installed and ownership transferred to the lot owners.Lot
owners shall retain the right to rent or purchase
additional water (above that supplied by the Association),
in their own name, and the Association shall cooperate
with each such owner of additional water in scheduling the
use of water and in allowing such owners to use the
carrier ditch system to receive such additional water.
The Association's Board of Directors shall have the right
to make reasonable rules and regulations from time to Lime
regarding the use of water and of the irrigation system,
which rules and regulation shall be binding upon the
owners forthwith after notice to them of their adoption.
The Association shall have the right to recover damages
and/or reasonable penalties from lot owners who do not
promptly pay their portion of operating costs and
maintenance on pump and well. The Association may refuse
to allow water to be supplied to any lot owner who is two
(2) months or more delinquent in the payment of assessment
to the Association. Each lot within the Subdivision shall
be subject to the rights of the Developer and the
Association to enter upon such lot, with such agents and
equipment as may be necessary or desirable for the
purposes of installing, maintaining, repairing, altering,
enlarging, replacing, inspecting, or improving such
irrigation system. Any owner who installs any pump, power
source, hose, holding box, pipeline, or related equipment
shall have no right• whatever to affect adversely the flow
of water and covenient use of the irrigation system for
any other lot within the Subdivision. The provisions of
this Section 3. may be enforced by any affected lot
owner(s) and/or the Association.
Article IV -- Construction Standards
4.1 Restrictions. No building, barn, corral, shed,
storage structure or any other structure shall be
erected, placed or altered on any lot, nor shall there be
any external modifications to any such structure. until
the plans showing the nature, kind, shape, height,
materials and location of the same have been submitted by
the lot owner or his agent to Weld County for the purposes
of receiving a building permit.
4.2 Size. The dwelling space of the home, exclusive of
the garage, shall contain a minimum of 1,500 square feet
of finished non -•basement living space. All dwellings must
be contructed on site.
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.1.3 Garages and Parking. Each residence shall include an
attached garage having space for not less than two
automobiles. An additional garage may be constructed.
4.4 Haterials and Workmanship. All improvements shall be
constructed of good suitable materials, and all
workmanship shall result in first class construction aiid
shall be in accordance with Weld County building codes.
4.5 Accessory Buildings. No more than three (3) accessory
buildings including but not limited to: Barns, as well as
small sheds for storage of lawn furniture, yard equipment,
gardening equipment, and similar type items, which are
well constructed and neat of appearance, shall be
Permitted.
4.6 Setbacks. Lot owners shall be subject to setback
requirements established by Weld County for Estate Zoned
properties.
4.7 Professional Builder. The owner of each lot shall
retain a qualified contractor to construct the residence
on such owner's lot.
Article V -- The Association
5.1 Articles of Incorporation and Bylaws. The interests
enumerated in Article 2.3 of this Declaration shall be
governed and administered by the Articles of Incorporation
and Bylaws of the Scotch fine Estates Homeowners
Association and by this Declaration. In the event of a
conflict between the provisions of this Declaration and
the Articles of Incorporation or the Bylaws of the
Association, the terms of this Declaration shall be
controlling.
5.2 Membership. Each owner of a lot, upon becoming an
owner, shall be a member of the Association and shall •
remain a member for the period of his ownership. If more
than one person has an ownership interest in a lot, each
person will vote that portion of a lot equal to the
portion of ownership.
5.3 Examination of Books by Mortgagee. The holder of any
recorded first mortgage or deed of trust on a lot in the
Subdivision will, upon request, be entitled to:
(a) inspect the books and records of the Association
during normal business hours; and
(b) receive an annual financial statement of the
Association within ninety (90) days following the end of
each fiscal year of the Association; and
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(c) written notice of all meetings of the
Association and shall be permitted to designate a
representative to attend all such meetings.
5.4 Powers. The Association shall be granted all of the
powers necessary to govern, manage, maintain, repair,
administer and regulate Scotch Pine Estates and to perform
all of the duties required of it. Notwithstanding the
above, the Association shall not be empowered or entitled
to use hazard insurance proceeds for loss to the interests
enumerated in Article 2.3 of this Declaration,
improvements for other than repair, replacement or
reconstruction of such improvements.
5.5 Association Responsibilities. The maintenance and
operation of the interest enumerated in Article 2.3 shall
be the responsibility and the expense of the Association,
and the costs therefor shall be a common expense of all
the lot owners. PROVIDED, HOWEVER, that all expenses
incurred by the Association to own, operate, manage,
maintain, repair, and replace the water rights and the
system of irrigation carrier ditches which serves all lots
shall be allocated among the owners in the ratio of their
respective metered usage according to rules established by
the Association. The foregoing formula for allocation of
such expenses takes into account the disproportionate
water use by some owners. Developer shall initially
install the system of irrigation ditches; thereafter, the
costs of maintaining, repairing, and replacing such system
shall be borne by the Association.
5.6 Formula for Determining Assessments. Declarant shall
pay all Association expenses through December 31, 19q4.
Commencing for calendar year 1995 and subsequent years,
assessments shall be made no less frequently than annually
and shall be based upon a budget adopted no less
frequently than annually by the Association. Except for
expenses relating to the irrigation system, which shall be
allocated as set forth in Section 5.5, above, the
assessments shall be apportioned equally among all lots
within the Subdivision. If a new annual assessment is not
adopted, an assessment shall be presumed to have been
adopted in the amount of the last prior assessment.
5.7 Based Upon Budget. Assessments shall be based upon
the budget which shall be established by the Board of
Directors at least annually, which budget shall be based
upon the cash requirements deemed to be such aggregate sum
as the Board of Directors of the Association shall from
time to time determine is to be paid by all of the lot
owners to provide for the payment of all expenses growing
out of or connected with the maintenance, repair,
operation, additions, alterations and improvements of and
to the interests enumerated in Article 2.3 of this
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Declaration. which sum may include, but not be limited to,
expenses of management; taxes and special assessments
unless separately assessed; premiums for insurance;
repair; and renovations; wages; water charges; legal and
accounting fees; expenses and liabilities incurred by the
Association or any of its agents or employees on behalf of
the lot owners under or by reason of this Declaration and
the Articles of Incorporation and Bylaws of the
Association; for any deficit remaining from a previous
period; for the creation of reasonable contingency
reserve, working capital and sinking funds as well as
other costs and expenses relating to the interests
enumerated in _Article 2.3 of this Declaration, which shall
be funded by regular monthly payments rather than special
assessments.
` 8 Assessments for Other Charges. The Association shall
have the right to charge a lot owner for any common
expense caused by the misconduct of such lot owner, in
which event such expense may be assessed exclusively
against such owner. The Association shall have the right
to impose a lien for any such special service charges on
charges clue to misconduct that are not paid when due; said
lien shall include court costs and reasonable attorneys
fees incurred by the Association in collecting said
charges.
5.9 Assessments. The amount of the common expenses and
misconduct charges assessed against each lot shall be the
personal and individual debt of the owner thereof. No
owner may exempt himself from liability for contribution
towards the common expenses by waiver of the use or
enjoyment or by abandonment of his lot. An owner's loss
of a lot by foreclosure or by proceedings in lieu of
foreclosure shall not cancel or terminate such owner's
liability for assessments and charges accrued prior to the
date hereof. The Association shall have the authority to
take prompt action to collect any unpaid assessment which
remains unpaid for more than sixty (60) days from the due
date for payment thereof. In the event of default in the
payment of an assessment, the lot owner shall be obligated
to pay interest at the rate of eighteen percent (18%) per
annum on the amount of,the assessment from due date
thereof, together with all expenses, including attorney.:'
fees, incurred together with such late charges as are
provided by the Bylaws or rules of the Association. Suit
to recover a money judgment for unpaid assessments shall
be maintainable without foreclosing the lien described in
Section 5.11 below and such suit shall not be or construed
to be a waiver of lien.
5.10 Notice of Lien. All sums assessed but unpaid for the
share of common expenses chargeable to any lot provided by
the Association and charges due to misconduct that are not
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paid when due shall constitute the basis for a lien on
such lot• superior to all other liens and encumbrances,
except only for tax and special assessment liens on the
lot in favor of any governmental assessing entity, and all
sums unpaid on a mortgage or deed of trust of record,
including all unpaid obligatory sums as may be provided by
such encumbrances. To evidence such lien, the Association
shall prepare a written notice of lien assessment setting
forth the amount of such unpaid indebtedness, the amount
of the accrued interest and late charges tlieron, the name
of the owner of the lot and a description of the lot.
Such notice of lien shall be signed by one of the officers
of the Association on behalf of the Association and shall
be recorded in the office of the County Clerk and Recorder
of Weld County, Corrado. Such lien shall attach and be
effective from the due date of the assessment until all
sums, with interest and other charges theron, shall have
been paid in full.
5.11 Enforcement of Lien. Such lien may be enforced by
the foreclosure of the defaulting owner's lot by the
Association in like manner as a mortgage on real property
upon the recording of the above notice of lien. In any
such proceedings', the owner shall be required to pay the
costs, expenses and attorneys' fees incurred for filing
the lien, and in the event of foreclosure proceedings, all
additional costs, all expenses and reasonable attorneys'
fees incurred. The owner of the lot being foreclosed
shall be required to pay to the Association any assessment
or special service charge whose payment becombs due for
the lot during the period of foreclosure, and the
Association shall be entitled to a receiver during
foreclosure, and the Association shall have the power to
bid on the lot at foreclosure or other legal sale and to
acquire and hold, lease, mortgage, vote the votes
appurteneant to, convey or otherwise deal with the same
upon acquiring title to such lot.
5.12 Report of Default. The Association, upon request by
any mortgagee, shall report in writing to such mortgagee
of a lot owner in default in the performance of any
obligation under the Declaration which is not cured by
such lot owner within sixty (60) days.
5.13 Release of Lien. The recorded lien may be released
by recording a Release of Lien signed by an officer of the
Association on behalf of the Association.
5.11 Lien Subordinate to Mortgage --Limitations. The lien
for special service charges and assessments provided for
herein shall be subordinate to the lien of any mortgage or
deed of trust now hereafter placed upon the lot subject to
assessment; PROVIDED, HOWEVER, that such subordination
shall apply only to the assessments which have become due
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and payable prior to a sale or transfer of such lot
pursuant to a decree of foreclosure, or any other
proceeding in lieu of foreclosure. Such sale or transfci
shall cause such lot and grantee thereunder to be relieved
of liability for such prior assessments but shall not
relieve such lot or grantee from liability from any
assessments thereafter becoming due, •nor from the lien of
any such subsequent assessment.
5.15 Mortgage Foreclosure. Notwithstanding any of the
terms or provisions of this Declaration. in the event of
any default on the part of an owner under any mortgage or
deed of trust which entitles the holder thereof to
foreclose the same, any sale under such forelosure,
itscluditsg the delivery of a deed in lieu to such
mortgagee. shall be made free and clear of all then due
and owing assessments. No mortgagee shall be liable for
any unpaid assessments accruing prior to the time such
mortgagee receives a deed to a lot.
5.16 Joint Liability Upon Transfer . Upon payment to the
Association of a reasonable fee not to exceed Twenty -Five
Dollars (t25), and upon the written request of any owner
or any mortgagee or prospective owner of a lot, the
Association shall issue a written statement setting •forth
the amount of the unpaid expenses , if any , with respect
to the subject lot, the amount of the current monthly
assessment and the date that such assessments becomes due,
credit for any advanced payments of assessments , for
Prepaid items, such as insurance premiums, but not
including accumulated amounts for reserves or sinking
funds, if any, which statements shall be conclusive upon
the Association in favor of all persons who rely theron in
good faith. Unless such request for a statment of
indebtedness shall be complied 'with within twenty (20)
clays, all unpaid common expenses which become due prior to
the date of making such requests shall be subordinate to
the rights of the person requesting such statement and in
the case of a grantee of such lot, the grantee shall not
be liable Jot , nor shall the lot conveyed be subject to a
lien for any unpaid assessments against said lot. The
provisions set forth in this Section 5.15 shall not apply
to the initial sales and conveyances of the lots made by
Declarant, and such sales shall be free from all common
expenses to the date of conveyance.
Article VI - General Provisions
6.1 Durations. Subject to the provisions of Section 6.3
of this Article, this Declaration shall remain in full
force and effect. shall run with the land and shall be
binding on all persons having any interest in any lot in
the Subdivision for a period of twenty (20) years from the
date this Declaration is recorded and thereafter shall be
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automatically extended for successive periods of ten (10)
years unless an instrument signed by a majority of the
then -owners of lots in the Subdivision has been recorded
agreeing to change or terminate the Declaration in whole
or in part.
6.2 Amendments. This Declaration, or any portion thereof,
may be amended or revoked at any time by an instrument in
writing signed by the owners of at least sixty --six percent
(66%) of the lots in the Subdivision and one hundred
percent (100%) of the holders of recorded mortgages or
deeds of trust. Any amendment shall be effective. only
upon the l ecordation of the written amendment or
ratification thereof containing the necessary signatures
of lot owners and encumbrance holders. No arnendrrient to
this Declaration may be made which conflicts with any.of
the laws of the State of Colorado, or ordinances of Weld
County. No amendment shall affect any rights of
Declarants unless approved in advance by and consented to
by Declarants in writing.'
6.3 Severability. Any provision of this Declaration
invalidated in any manner whatsoever shall not be deemed
to impair or affect in any manner the validity,
enforcement or effect of the remainder of this Declaration
and, in such event, all of the other provisions of this
Declaration shall continue in full force and effect as if
such invalid provision had never been included herein.
6.4 Disclaimer. No claim or cause of action shall accrue
in favor of any person in the event of the invalidity of
any covenant or provision of this Declaration or
Declarants to enforce any covenant or provision hereof.
This Section 6.4 may be pleaded .as a full bar to the
maintenance of any such action or arbitration brought in
violation of the provisions of this Article.
6.5 Waiver. No provision contained in this Declaration
shall be deemed to have abrogated or waived by reason of
any failure to enforce the same, regardless of the number
of violations or breaches which may occur.
6.6 Captions. The captions herein are inserted only as a
matter of convenience and for reference and in no way
define, limit or describe the scope of this Declaration
nor the intent of any provision hereof.
6.7 Construction. The use of the masculine gender in this
Declaration shall be deemed to include the feminine and
neuter genders, and the use of the singular shall be
deemed to refer the the plural, and vise versa, when the
context so requires.
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6.8 Notices. Notices required or permitted by this
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Declaration shall be made in writing. Notice to a member
of the Association shall be sufficient if sent by United
States mail, sufficient postage prepaid, to the latest
address given by such member to the Secretary of the
Association. In such event, notice shall be deemed
effective three (3) days after such deposit into the
United States mail. Notices may also be given by
certified or registered mail, or by hand delivery. If
hand delivered, notice shall be effective on the date that
delivery is accomplished. If sent by registered or
certified mail, notice shall be deemed effective three (3)
days after deposit into the United States mail, sufficient
postage prepaid.
IN WITNESS WNER0F, the undersigned being Owners (or
Mortgagees) of lots in Scotch Pine Estates have executed
this Declaration the date and year indicated below.
Jerke Brothers, a Colorado Partnership
B Y :
Will. i.:: m H. . Jerke, Partner
BY:
Charles 41. Jerke, Partner
DATE:
State of Colorado
County of Weld
The foregoing Declaration of Covenants, Conditions and
Restrictions for Scotch Pine Estates was acknowledged
before me this day of , 1994, by
William H. Jerke and Charles W. Jerke, Partners, the owner
of the real property sub,jec:t to said Declaration.
Witness my hand and official. seal.
Ply commission expires:
Notary Public
14
950365
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