HomeMy WebLinkAbout951675.tiff MINOR SUBDIVISION FINALPLAT APPLICATION
Department of Planning Services, 1400 N. 17th-Avenue, Greeley, Colorado 80631
Phone: 353 6100, Ext. 3540
FOR PLANNING DEPARTMENT USE ONLY:
CASENO. -APPLICATIONFEE
ZONING DISTRICT RECEIPT NO.
DATE APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request the Department of Planning Services to review a minor subdivision
final plat on the following described unincorporated area of Weld County. LEGAL DESCRIPTION:
(If additional space is required, attach an additional sheet).
NAMEOFPROPOSEDMINORSUBDIVISION Meadow Brook Farm
EXISTING ZONING Minor Subdivision - Estate
TOTAL AREA(ACRES) 20 NO. OF PROPOSED LOTS 6
LOT SIZE:AVERAGE 2.99 MINIMUM 2.84
UTILITIES: WATER: NAME -Little Thompson Water -District
SEWER: NAME septic
GAS: NAME Public Service Company of Colorado
ELECTRIC: NAME Poudre Valley R.E.A.
PHONE: NAME U.S. West Communications
DISTRICTS: SCHOOL: NAME Windsor School District
FIRE: NAME Windsor Fire Department
NAME OFAPPLICANT Tri-City Ventures. i, i,.C. PHONE (970) 356-4210
ADDRESS 6538 U.S. Highway 34. Loveland. CO 80597
NAME OF APPLICANT PHONE
ADDRESS
NAME OFAPPLICANT PHONE
ADDRESS
I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within this application are trueand correct to the best of my knowledge.
COUNTY OF WELD
_ss.
STATE OF COLORADO•
)
co( p' ^ Signature. Owner or horized Agent
fa./Subscribed aill.s\rn to before me this 0( -day of ( , 19- j- .
k ; JENgL) ;C)
:-ROLLER
. SOHELL;
:. ai7 4)04744
''.� 0 �
----- 4' r' Notary Public
w .-..nIxpires g i1 /7 ��
REVISED: March 1994
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Meadow Brook Farm Proposed Minor Subdivision Final Plat Narrative
The proposed Meadow Brook Farm-development is within the urban growth boundary of the
Town of Windsor and the City of Greeley. Meadow Brook is-not part of a minor subdivision
previously approved by Weld County. It is-to be developed into a minor subdivision of 6 large
lots with a minimum o12.5 acres per lot that are compatible with rural living. The maximum
number of lots within a minor subdivision is six (6). The goals and policies within the urban
growth boundaries are intended to address the development of land on the border of a
municipality. They are also intended to promote harmonious and mutually beneficial uses of land
among the various jurisdictions in and around Weld County. This proposed minor subdivision is
compatible with those goals and policies. The land use considerations include provisions for
population and economic growth. The Weld County Comprehensive Plan recognizes that future
growth will require continued urban land area expansion within the municipal urbangrowth
boundary areas. Much of the future expansion will, as it has in the past, require the conversion of
land categorized as farmland. The history of the proposed development area shows that about 12
acres has been cropped into winter wheat with only oneerop in every two years. About 8 acres
of this land lies either in the drainage ravine or on the steep side slopes adjacent thereto and is not
usable for pasture or farming. The proposed development area is compatible with the adjacent
farmland by maintaining a rural environment on land-that is not now, or ever has been, economical
as a part of any farming unit. Its foreseeable highest and best use is to be developed as large lot
residential and open space. Such use is compatible with the Weld County Comprehensive Plan.
This minor subdivision is not a part of a minor subdivision previously approved by Weld County.
Utilities
Domestic water service will be provided by the Little Thompson Water District. This water will
be of sufficient quality, quantity dependability, and will be available to serve the-proposed minor
subdivision including fireprotection. The Little Thompson Water District has expressed their
commitment to provide water to Meadow Brook Farm in a memo received in January 1'994. See
exhibit "C". The contract for 6 shares of water is also included in Exhibit "C". Sanitary sewer
service will be{trovided by-a septic system. Special precaution is associated with the septic sewer
due to the high ground water, lots 1 and 2 are potentially affected. Natural gas will be provided
by Public-Service Company, electricity will be provided by Poudre Valley REA, and telephone
service willbe provided by U.S. West Communications. Letters from Public Service Company,
Poudre Valley REA, and U.S.West Communications expressing their intention to provide
services are included in-Exhibits D, E, and F respectively.
Roadway System
The existing roadway is adequate to meet the needs of a minor subdivision of 6 large lots. The
construction, maintenance, snow removal and other matters pertaining to or affecting the road
and rights-of-way for the minor subdivision are the sole responsibility of the landowners within
the subdivision. There will be no on-street parking within the minor subdivision. -There is no
additional access to a County, State or Federal-Highway created. The ingress and egress to all
lots within the minorsubdivision will be town internal road circulation system.
Mineral Deposits
Review of soils maps and county maps does not indicate the presence of underlying mineral
deposits on the subject area.
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Hazard Areas
The area is not in a flood plain, geological hazard and/or Weld County Airport overlay district.
The land also complies with_Section 50 as outlined in the Weld County Ordinance.
Drainage
A drainage report that complies with Section 10.12 and 10.13 of the Weld County Subdivision
Ordinance is included in Exhibit H.
Street Surface
Street surface cress sections are shown on the-plans. MI accesses are through easements that will
be asphaltic surfaced as shown in the section. MI street surfaces will be adequate in functional
classification width and structural capacity to meet the traffic requirements of the minor
subdivision. Based on a Geotechnical study (exhibit G), a full depth asphalt (5 inches) is preferred
to a gravel base for all roadways.
Additional Access
Because of-existing topography and a drainage way running through the property, two accesses
from Weld County Road 60 will be necessary. On September 14, 1994 during the Weld County
Board_of Commissioners' meeting, it was concluded that a condition of approval of#1E would to
preclude a variance providing an additional access from Weld County Road 60. Condition of
approval of#1E, which is on the rezoning plat, states that "no-new access shall be allowed on the
site". There are now-two accesses to this site; one each on either side of the major drainage way
through the site. Two accesses from Weld County Road b0 are reasonable and necessary to avoid
construction of another bridge much like that already existing on Weld County Road 60. Because
existing conditions require two accesses to avoid a bridge,-there are no new accesses required for
this development.
Local Governments Providing Services
This minor subdivision will not cause any unreasonable burden on the ability of local governments
or districts to provide fireand policeprotection, or other services. There are-no school sites,
open space, or parks within-the minor subdivision; therefore, no ownership or land dedication is
applicable.
Easements and/or Dedicated Rights-of-way
MI existing or proposed easements and rights-of-way are shown on-the filing plat. A description
ofthegas line easement owned by KNiront Range is shown in Exhibit M. A 20 foot right-of-
way is dedicated to Weld County Road 60; further description is located of the Plat.
Improvements Agreement
There are no public sidewalks or curb and gutter within the subdivision. No borrow ditches or
valley pans to be constructed for the new roadways. All roads shall be a 20 foot in width with 3
inches of Grade 'G'-asphalteverlane by2 inches of Grade 'C' asphalt.
•
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Cost Estimates of Road Way
- 34007.96 sq ft roadway - 3778.66 sq yd
- $1.00/sq ydgrading $3,779.00
- 5 in asphalt - 0.417 ft
- 14169.98 cu ft asphalt - 138 lbs/cu ft
- 1955457.67 lbs asphalt - 977.73 tons
- $25.00/ton asphalt $24,443.22
TOTAL= $28,222.00
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THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE
MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH
THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
PLANNING COMMISSION SIGN POSTING CERTIFICATE
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY
THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS
BEFORE THE PLANNING COMMISSION HEARING FOR CASE# Z-490 . THE
SIGN WAS POSTED BY:
Jeffrey A. Perryman , Managing Partner
NAME OF PERSON y STING SIGN
SIGNATURE OF APPANT
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
SUB . • • ,•... DSWORNTOMETHIS cR DAY OF 4c , 19 95
�2':PrtiY ec;;N '
{ ; JENNIFER n %
t DOLLERSCHELL;
• r i
n '/� aGO.,
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ARY BLIC
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MY ^• �/=�N EXPIRES /49? .
LAST DAY TO POST SIGN IS:_ , 19 .
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR
BEFORE THE DATE OF THE HEARING.
951675
•
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE
MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH
THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
BOARD OF COUNTYLOMMISSIONERS SIGN POSTING CERTIFICATE
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY
THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THEPROPERTY AT LEAST 10 DAYS
BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE# Z-490
THE SIGN WAS POSTED BY:
Jeffery A. Perryman, Managing Partner
NAME OF PERSON POSTING SIGN
SIGNAT E OF APP CANT
STATE OF COLORADO )
)ss.
OP. a'., WELD )
0; 404
JFst�IBER %k.,AND SWORN TO ME THISKAO DAY OF atid , 19 9 -
•e OOLL'AlkELLi A
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,VI:••........• ���''
• 1/4 COLD r
4TARY BLIC c
MY COMMISSION EXPIRES 1apizi ,99i
LAST DAY TO POST SIGN IS: , 19_
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR
BEFORE THE DATE OF THE HEARING.
•
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IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of , by and
between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County" , and Tri-City Ventures, L.L.C.
hereinafter called "Applicant" .
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the following
described property in the County of Weld, Colorado:
WHEREAS, a final subdivision/PUD plat of said property, to be known as
Meadow Brook Farm has been submitted to
the County for approval; and
WHEREAS, Section 13 of the Weld County Subdivision Regulations provides that
no final plat shall be approved by the County until the Applicant has submitted
a Subdivision Improvement Agreement guaranteeing the construction of the public
improvements shown on plans, plats and supporting documents of the subdivision,
which improvements, along with a time schedule for completion, are listed in
Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said final plat, the parties hereto promise, covenant and agree as
follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all
engineering services in connection with the design and construction of the
subdivision improvements listed on Exhibit "A" which is attached hereto
and made a part of this reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
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1.3 Applicant shall furnish drawings and cost estimates for roads within the
subdivision to the County for approval prior to the letting of any
construction contract. Applicant shall furnish one set of reproducible
"as-built" drawings and a final statement of construction cost to the
County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any
improvements herein agreed upon, Applicant shall acquire, at its own
expense, good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements.
3.0 Construction; Applicant shall furnish and install, at its own expense,
the subdivision improvements listed on Exhibit "A: which is attached
hereto and made a part hereof by this reference, according to the
construction schedule set out in Exhibit "B" also attached hereto and made
a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and
drawings approved by the County and the specifications adopted by
the County for such public improvements. Whenever a subdivision is
proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall
be required to install improvements in accordance with the
requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the
incorporated community has not adopted such requirements and
standards at the time the subdivision is proposed, the requirements
and standards of the County shall be adhered to. If both the
incorporated community an the County have requirements and
standards, those requirements and standards that are more
restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the
right to test and inspect or to require testing and inspection of
material and work at Applicant' s expense. Any material or work not
conforming to the approved plans and specifications shall be removed
and replaced to the satisfaction of the County at Applicant's
expense.
3.4 The Applicant shall furnish proof that proper arrangements have been
made for the installation of sanitary sewer or septic systems,
water, gas, electric and telephone services.
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3.5 Said subdivision improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appearing
in Exhibit "B" . The Board of County Commissioners, at its option,
may grant an extension of the time of completion shown on Exhibit
"B" upon application by the Applicant subject to the terms of
Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the
County from any and all liability loss and damage county may suffer as a
result of all suits, actions or claims of every nature and description
caused by, arising from, or on account of said design and construction of
improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in defending such suit,
action or claim whether the liability, loss or damage is caused by, or
arises out of the negligence of county or its officers, agents, employees,
or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the county or its employees
while acting within the scope of their employment. All contractors and
other employees engaged in construction of the improvements shall maintain
adequate workman's compensation insurance and public liability insurance
coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and
health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following
procedures by the Applicant, streets within a subdivision may be approved
by the County as public roads and will be maintained and repaired by a
homeowners association or, in its absence, the owners of lots within the
subdivision.
6.1 If desired by the County, portions of street improvements may be placed in
service when completed according to the schedule shown on Exhibit "B", but
such use and operation shall not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots
for which street improvements detailed herein have been started but not
completed as shown on Exhibit "B" , and may continue to issue building
permits so long as the progress of work on the subdivision improvements in
that phase of the development is satisfactory to the County; and all terms
of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a subdivision and
the filing of a Statement of Substantial Compliance, the applicant(s) may
request in writing that the County Engineer inspect its streets and
recommend that the Board of County Commissioners partially approve them.
Not sooner than nine months after partial approval, the County Engineer
shall, upon request by the applicant, inspect the subject streets, and
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notify the applicant(s) of any deficiencies. The County Engineer shall
reinspect the streets after notification from the applicant(s) that any
deficiencies have been corrected. If the County Engineer finds that the
streets are constructed according to County standards, he shall recommend
full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development,
the Board of County Commissioners shall fully approve said streets as
public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be
equivalent to 100% of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall
indicated which of the five types of collateral he prefers to be
utilized to secure the improvements subject to final approval by the
Board of County Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and the plat recorded
within six (6) months of the Final Plat approval. If acceptable
collateral has not been submitted within six (6) months then the
Final Plat approval and all preliminary approvals shall
automatically expire. An applicant may request that the County
extend the Final Plat approval provided the cost estimates are
updated and the development plans are revised to comply with all
current County standards, policies and regulations. The
improvements shall be completed within one (1) year after the Final
Plat approval (not one year after acceptable collateral is
submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty (30) days prior to its expiration and
further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of 100% of the
value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within
these time frames, the County, at its discretion, may make demand on
all or a portion of the collateral and take steps to see that the
improvements are made.
7.2 The applicant may choose to provide for a phased development by
means of designating filings of a Planned Unit Development Plan or
Final Plat Subdivision. The applicant would need only to provide
collateral for the improvements in each filing as approved. The
County will place restrictions on those portions of the property
that are not covered by collateral which will prohibit the
conveyance of the property or the issuance of building permits until
collateral is provided or until improvements are in place and
approved pursuant to the requirements for a Request for Release of
Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and
"B"
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8.0 Improvements Guarantee: The five types of collateral listed below are
acceptable to Weld County subject to final approval by the Board of County
Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed
financial institution on a form approved by Weld County. The letter
of credit shall state at least the following:
The Letter of Credit shall be in an amount equivalent of 100%
of the total value of the improvements as set forth in Section
6.0 and exhibits "A" and "B" .
The Letter of Credit shall provide for payment upon demand to
Weld County if the developer has not-performed the obligations
specified in the Improvements Agreement and the issuer has
been notified of such default.
The applicant may draw from the Letter of Credit in accordance
with the provisions of this policy.
The issuer of the Letter of Credit shall guarantee that at all
times the unreleased portion of the Letter of Credit shall be
equal to a minimum of 100% of the estimated costs of
completing the uncompleted portions of the required
improvements, based on inspections of the development by the
issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements
Agreement (i.e. , streets, sewers, water mains and landscaping,
etc. ) . The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its
cost estimates.
The Letter of Credit shall specify that 15% of the total
Letter of Credit amount cannot be drawn upon and will remain
available to Weld County until released by Weld County.
The Letter of Credit shall specify that the date of proposed
expiration of the Letter of Credit shall be either the date of
release by Weld county of the final 15%, or one year from the
date of Final Plat approval, whichever occurs first. Said
letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration.
Said notice shall be sent by certified mail to the Clerk to
the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other
property acceptable to the Board of County Commissioners provided
that the following are submitted:
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In the event property within the proposed development is used
as collateral, an appraisal is required of the property in the
proposed development by a disinterested M.A.I. member of the
American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
— In the event property other than the property to be developed
has been accepted as collateral by Weld County, then an
appraisal is required of the property by a M.A.Z. member of
the Institute of Real Estate Appraisers indicating that the
value of the property encumbered in its current state of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
A title insurance policy insuring that the Trust Deed creates
a valid encumbrance which is senior to all other liens and
encumbrances.
A building permit hold shall be placed on the encumbered
property.
8.3 Escrow Agreement that provides at least the following:
The cash in escrow is at least equal to 100% of the amount
specified in the Improvements Agreement.
The escrow agent guarantees that the escrowed funds will be
used for improvements as specified in the agreement and for no
other purpose and will not release any portion of such funds
without prior approval of the Board.
The escrow agent will be a Federal or State licensed bank or
financial institution.
If the County of Weld County determines there is a default of
the Improvements Agreement, the escrow agent, upon request by
the County, shall release any remaining escrowed funds to the
County.
8.4 A surety bond given by a corporate surety authorized to do business
in the State of Colorado in an amount equivalent to 100% of the
value of the improvements as specified in the Improvements
Agreement.
8.5 A cash deposit made with the County equivalent to 100% of the value
of the improvements.
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9.0 Request for Release of Collateral: Prior to releaseof collateral for the
entire project or for a portion of the project by Weld County, the
Applicant must present a Statement of Substantial Compliance from an
Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans
and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site
inspections during the course of construction and the construction
plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per
Colorado Department of Highway Schedule for minimum materials
sampling, testing and inspections found in CDOH Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter
requesting release of collateral is submitted. The Engineer shall
certify that the project "as built" is in substantial compliance
with the plans and specifications as approved or that any material
deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and
responsibility by the appropriate utility company, special district
or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority
indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are
operational and state the results of fire flow tests.
9.6 The requirements in 9.0 through 9.5 shall be noted on the final
construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance
and recommendation of approval of the streets by the County, the
applicant(s) may request release of the collateral for the project
or portion of the project by the Board. This action will be taken
at a regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10% of the value of the
improvements as shown in this Agreement excluding improvements fully
accepted for maintenance by the responsible governmental entity,
special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon
final approval by the Board of County Commissioners.
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10.0 Public Sites and Open Spaces: When the Board of County Commissioners,
pursuant to a rezoning, subdivision or planned unit development, requires
the dedication, development and/or reservation of areas or sites other
than subdivision streets and utility easements of a character, extent and
location suitable for public use for parks, greenbelts or schools, said
actions shall be secured in accordance with one of the following
alternatives, or as specified in the PUD plan, if any:
10.1 The required acreage as may -be determined according to the Weld
County Subdivision Regulations shall be dedicated to the County or
the appropriate school district, for one of the above purposes. Any
area so dedicated shall be maintained by the County or school
district.
10.2 The required acreage as determined according to the Weld County
Subdivision Regulations, may be reserved through deed restrictions
as open area, the maintenance of which shall be a specific
obligation in the deed of each lot within the subdivision.
10.3 In lieu of land, the County may require a payment to the County in
an amount equal to the market value at the time of final plat
submission of the required acreage as determined according to the
Subdivision Ordinance. Such value shall be determined by a
competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow
account to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,
executors, personal -representatives, successors and assigns of the
Applicant, and upon recordingby the County, shall be deemed a covenant
running with the land herein described, and shall be binding upon the
successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
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IMPROVEMENT AGREEMENT
PRIVATELY MAINTAINED ROADS
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
APPLICANT Tri-City Ventures, L.L.C.
BY: I_ 7��''�^�
(tit
Managing Partner
Subscribed and sworn to before me this 0th day of apAV
, 19 9
My Commission expires: ,� Q,RY .. P
A SCA
4ek y /99? •z,. �r NotaryPublic
apri ate.db / ' ti2:k• pEF, :n
DOLLt,{3CjELLi
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951675
EXHI-BIT "A"
Name of Subdivision: Meadow Brook Farm
Filing:
Location: Part of the NW 1/4, Section 8. TSN. R67W
Intending to be legally bound, the undersigned Applicant hereby agrees to provide
throughout this subdivision and as shown on the subdivision final plat County
'dated 19 recorded on
19 , in Book , Page No. , Reception No. , the
following improvements.
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction Cost
Street grading $ 1.00/sq . yd. $ 3.779.00
Street base
Street paving $ 25.00/ton $ 24.443.00
Curbs. gutters. & culverts
Sidewalk
storm sewer facilities
Detention ponds construction complete
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply & storage
Water mains-Includes Bore $ 6.00/ft. $ 14.460.00
Fire hydrants 2 @ $1100.00 each S 2.200.00
Survey & street monuments & boxes $75.00/hr. $ 600.00
Street lighting
Street name signs
Fencing requirements
Landscaping
park improvements
-Road Culvert
Grass Lined Swale
Telephone $ 383.33/lot $ 2,300.00
Gas $4666.66/lot $ 28 000 on
Electric $3335.00/lot $ 20.010 00
Water Transfer 44666.66/lot $ 28.000.00
SUB-TOTAL $123,792.00
Engineering and Supervision Costs $ 12 ,379.00
(testing, inspection, as-built plans and work in addition to preliminary and
final plat; supervision of actual construction by contractors)
951675
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 136,171.00
The -above improvements shall be constructed in accordance with all County
requirements and specifications, and conformance with this provision shall be
determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the conptruct j on schedule set
out in Exhibit "B". /
4S4/707L
‘LAO /lir .404.4)
(In corporation, to be signed by President and attested to by Secretary, together
with corporate seal.)
Mate: , 19 �S
351675 '
EXHIBIT "B"
Name of Subdivision: Meadow Brook Farm
Filing:
Location: A art of the W 1 4
8 T R67W
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Meadow Brook Farm
19 Recorded on Subdivision, dated
Book Page No. Reception No. , 19 , in
ule. the following
sched
All improvements shall be completed within approval of the final plat. years from the date of
Construction of the improvements listed in Exhibit 'A" shall be completed as
follows:
(Leave spaces blank where they do not apply. )
Improvements
Time for Completion
Site radin
Street base Jul 31 1995
Street avin Jul 31 1995
Curbs utters and culverts Jul 31 1995
Sidewalk July 31 1995
Storm sewer facilities n a
Retention onds n a
Ditch im rovements 1 1 5
Subsurface drains a Jul 31 1995
Sanitar sewers Jul 31 1995
Trunk and forced lines n/a
Mains n/a
Laterals house connected n/a
On-site sews a facilities July 31, 1995
On-site water su 1 and stora e n a
Water mains n a
Fire h drants July 3 95
Surve street monuments & boxes Jul 31 1995
Street ii htin Jul 31 1995
Street name si ns n/a
Fencin re uirements Jul 31 1995
Landsca in Jul 31 1995
park im rovements n a
Tele hone n a
Gas Jul 31 1995
Electric Jul 31 1995
Water Transfer Jul 31 1995
Sub-Total Jul 31 1995
The County, at its option, and upon the request by the Applicant, may grant an
extension of time for completion for any particular improvements shown above,
upon a showing by the Applicant that t ove hedule cannot be met.
ne, Arezta. r7
(If corporation, to be signed by President and attested to by Secretary, together
with corporate seal. )
Date: 19_. 9516ar7 5 I
NELSON ENGINEERS
822 7TH STREET GREELEY, COLORADO 80631 (303) 356-6362
February 2, 1995
Mr. Don Carroll ti 1
Administration Coordinator
Weld County Public Works Department FEB 3 1995
933 North l lth Avenue
Greeley, CO 80631 • • -'"tv Planning
RE: MEADOW BROOK FARM, PROJECT#319
Dear Don,
We have reviewed your comments in regard to the right-of-way widths of the two accesses into
the captioned subdivision.
In your comments you reference Section 10 of Weld County's Subdivision Ordinance where it
states the minimum right-of-way width is 60 feet. However, Article 10.1 states that "All
subdivisions, except minor subdivisions approved-by the Board shall comply with the following
standards...". Meadow Brook Farm is a minor subdivision. In her letter of January 11, 1995,
Gloria Dunn discusses private streets in a subdivision that are privately maintained shall be
adopted to county standards. We believe that a minor subdivision is the exception and that this
subdivision as proposed complies with the pertinent ordinances.
We propose to designate these accesses to be 40 feet wide and label them as "Access Easements",
and the cross section would be a 20 foot wide full depth asphalt surface with cross drainage
sloping toward the natural collection point.
These accesses would be shown on the plat as "Access Easements", and they would be privately
developed and maintained.
If there are any questions, please contact our office.
V-ery truly yours,
0/1/11--
Arthur F. Uhrich
Project Manager
AFU/jd
pc: Gloria Dunn
Jeff Perryman 951675
Exhibit 'PG"
�PgORgTO� Empire Laboratories, Inc.
-, A Division of The Terracon Companies, Inc.
P.O. Box 503•301 No. Howes
�` C F/� Fort Collins. Colorado 80522
/ e✓ n (303)484-0359
R<9 Fax(303)484-0454
® L995 Chester C.Smith,P.E.
Larry G.O'Dell,P.E.
Neil R.Sherrod,C.P.G.
April 19, 1995
Tri City Ventures
c/o Nelson Engineers
822 7th Street, Suite 520
Greeley, Colorado 80631
-Attention: Mr. Jeff Perryman
Re: Geotechnical Engineering Report
Meadowbrook Farms - Weld County Road 60
Weld County, Colorado
ELI Project No. 20945227
Gentlemen:
At the request of Mr. Art Urich of Nelson Engineers, Empire Laboratories, Inc. has evaluated the use of full-
depth asphalt pavement as a feasible pavement alternate for the above-referenced property. It is our
opinion that full-depth asphalt is a suitable option for construction of the proposed streets at the above-
referenced project. The full-depth asphalt option should consist of 3 inches of Grading G asphalt mix
overlain by 2 inches of Grading C asphalt mix for a total 5 inches.
Another suitable pavement alternate would be 4 inches of Grading C mix underlain by 4 inches of crushed
aggregate base course. Recommendations regarding pavement construction should be followed as set forth
in our report prepared for the site dated June 20, 1994.
Should you have any further questions regarding the revised recommendations, please do not hesitate to
contact us.
Sincerely, " Fs=,
EMPIRE LABORATORIES, INC. •
ADivision of The erracon Companies, 2S75 Reviewed by:
Alfa AIPG/ 'mil • c;. „„
Neil R. errod •7 "°' Larry G. O'Dell, P.E.
Senior Engineering Geologist Office Manager p�Uftiliifllpd
PD 0 RF°/%,,
cc: Nelson Engineers - Mr. Art Urich .� ...... CAS
•
o ' ?27,o
flora• o
c^ ,
r •
Offices of The Terracon Companies,Inc. Geotechnical,Environmental and Materials Engineers
Arizona • Arkansas • Colorado ■ Idaho • Illinois ■ Iowa ■ Kansas • Minnesota
Missouri ■ Montana ■ Nebraska • Nevada • Oklahoma ■ Texas ■ Utah ■ Wyoming 951675
DUALITY ENGINEERING SINCE 1965
Exhibit H
MINOR SUBDIVISION FINAL PLAT
DRAINAGE REPORT
Discussion of Previous Drainage Report
A Sketch Plan Drainage Report was prepared and submitted by Nelson Engineers on November
22, 1994. This report was approved by Don Carroll of the Weld County Public Works
Department on December 27, 1994. The Final Plat Drainage Report will contain all components
of the Sketch Plan Drainage Report plus all additional information as outlined in Sections 10.12
and 10.13 of the Weld County Subdivision Ordinance.
General Description of Proposed Minor Subdivision
The Meadow Brook Farm_Subdivision lies on a 20 acre site and consists of 6 lots. It is situated in
the north half of the northwest quarter of Section 8, TSN, R67W, Weld County, Colorado.
About 8 of the 20 acres lies either in the drainage ravine or on the steep side slopes adjacent
thereto. These 8 acres are covered by various wetland vegetation such as tall grasses and
wildflowers. The remaining 12 acres have been historically cropped into winter wheat with only
one crop every two years. These 12 acres have recently been tilled to keep the weeds from
growing.
General topography, location of irrigation ditches and drainage ways can be found on the sketch
plan. General soil conditions can be found in the soils survey and on the sketch
plan.
General Description of Drainage Basin and Sub-Basins
There are no master drainage basin plan studies because of the remoteness of the drainage basin.
The major drainage basin is 2800 acres and is shown on the drainage plan (see exhibit G). The
major drainage created is 447.4 cfs for the 100-year storm and 64.3 cfs for the 5-year storm.
Two drainage basins, one from the south and one from the west, merge within the property and
then flow to the northeast under Weld County Road 60.
The historic drainage pattern will not be significantly affected by the development because the
major drainage basin is 2800 acres and the developed area is only 20 acres of rural development.
Therefore no area for detention of water shall be designed.
Drainage Facility Design Concept and Details
The off-site runoff will run through the subdivision into a small pond and over a spillway that will
be built over the existing dike. The spillway will be sized to handle the 5 and 100-year off-site
S51675
and on-site storm.
The drainage pattern will remain the same. The drainage channels from the west and the south
will remain undisturbed and will remain flowing to the north and under Weld County Road 60.
Shown on page 3 are the calculations for the flow rate for the 5 and 100-year storms using the
City of Greeley Comprehensive Drainage Plan. The major drainage basin is shown on page 1.
Page 3 shows calculations for the spillway design. The spillway is designed to handle the 5-
year flood in the smaller channel and the 100-year flood in the bigger channel.
Roadways will provide for flow across the street and into adjacent land. As a result, there will be
no need for borrow ditches or culverts.
The flow rates for the 5-year and 100-year flood are 64.3 cfs and 447.4 cfs respectively. The 20
acre Meadow Brook Farm Subdivision, in its fully-developed state, will not contribute a
significant amount of water to the 2800 acre major drainage basin. Therefore it will be assumed
that the water running through the Meadow Brook Farm Subdivision will be the same before
and after development.
There is an existing dike on the property that was breached. This dike has been
-repaired. The dike has created a small pond approximately 1.3 acres of surface area.
Cost Estimate for Drainage Structures
Concrete for Spillway $4050.00
Drainage Pipe and Gates $1300.00
Rip-Rap $1125.00
Earthwork $1200.00
Total: $7675.00
•
La ern C. Nelson
Professional Engineer
351675 '
USING THE CITY OF GREELEY MAJOR DRAINAGE CRITERIA
L=BASIN LENGTH C /5,750'
SLOPE= (5066-4845)/I5,750 = 14%
AREA OF BASIN= 2796 ACRES
Cs 0.I (CD.G. TABLE 3—I) Cs= 0.05,• q0, 0.4
/ =500' I,=/5250
V= 0.51 f (FROM C.D.G. Fla 3-2 FOLLOW OR M/M 77LLAGE)
7; = 15250/(60 x 0.5/)= 498..37M/N
T; =I180.1- CACl/*l (EO 3-3 CD.GJ
Tj = 36 MIN
T = Tj . Ti =36. 498..4 =534.4 MIS = 99 HRS
I,, = 0.23 4 = 0.40 (RAINFALL INTENSITY FREQUENCY TABLE, C.D.G)
Owe C/A = 4)(0.4)(2796)= 44.7 cfs
Os = (Of) (0.231(2796) = 64.3 cfs
DESIGN OF SPILLWAY FOR 5 8 /00 YEAR FLOODS
HISTORIC 5-YEAR FLOW = 64.3 cfs (SEE PREVIOUS CALCULATIONS)
k--b --�
0 = CLHrnL = (2b . 6M /2
C COMES FROM TABLE 5-3 OF THE HANDBOOK OF HYDRAULICS, 6TH ED,
BY ER4/EST BR47ER 8 HORACE KING
SOLVING/TERA77VELY 4 b =/0 8 H=/.5 FROM TABLE 5-3 + C=265
THEREFORE 0 = 70.59 WHICH/S ADEQUATE
HISTORIC/00-YEAR FLOW = 447.4 cfs (SEE PREVIOUS CALCULATIONS)
1
0 = CLI-P'2L = (2b • 6H) /2
SOLVING ITERATIVELY = b =55' SO 4 C 263
THEREFORE 0 = 453.76 WHICH/S ADEQUATE
li
951675
Exhibit "I"
COMMITMENT FOR TITLE INSURANCE
UNITED GENERAL
TITLE INSURANCE COMPANY
United General Title Insurance Company,a LouisianaCorporation,herein called the Company,for a valuable
consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of
the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A,upon payment of the premiums charged therefore; all subject to the provisions
of Schedule A and B and to the Conditions and Stipulations hereto.
This Commitment shall be effective-only when the identity of the proposed Insured and the amount of the policy
or policies commited for have been inserted in Scheduled hereof by the Company,either at the time of issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy orpolicies of title insurance and all liability and
obligations hereunder shall cease and terminate 180 days after the Effective Date hereof or whenlhe policy or policies
commited for shall be issued,whichever first occurs,provided that the failure to issue policy or policies is not the fault
of the Company.
In Witness Whereof, the Company has caused its Corporate Nameand Seal to be hereunto affixed: this
instrument, including Commitment, Conditions and Stipulation attached, to become valid when Schedule A and
Schedule B have been attached hereto.
UNITED GENERAL TITLE INSURANCE COMPANY
rat, uth4
President UGf Secretary
ivcE Oof
Countersigned,/ I /e-c -
Authorized Of er or Agent
This policy valid only if Schedules A and B are attached
ALTA Commitment.1%6
UM Form 150A 9S1675
CONDITIONS AND STIPULATIONS
1. The term"mortgage',when used herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has acquiredactual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the
estate or interest ormortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to
disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from
any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge to the Company,or if the Company otherwise acquires-actual knowledge ofany such defect,lien,
encumbrance,adverse claim or other matter,the Company at its option may-amend Schedule B of this Commitment accordingly,but
such amendment shall not-relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability-of the Company under this Commitment shall be only to the named proposed Insured and such parties included_under the
definition of Insured in the form of policy or policies committed forand only for actual loss incurred in reliance hereon in undertaking
in good faith(a)to comply with the requirements hereof,or(b)to eliminated exceptions shown in Schedule B,or(c)to acquire or create
the estate or interest or mortgagelhereon covered-by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and
Stipulations and the-Exclusions from Coverage of the form of policy or policies committed for in favor of theproposed Insured which
are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bringagainst the Company arising out of the status
of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject
to the provisions of this Commitment.
STANDARD EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following matters_tnless the same are disposed of to the satisfaction of
the Company.
1. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching
subsequent to the effectivedate hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or
mortgagethereon covered by this Commitment.
2. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public
records.
3. Any discrepancies,conflicts in boundary lines,encroachments,easements,measurements,variations in area or con tent,party walls and/
or other facts which a correct survey and/or a physical inspection of the premises would disclose.
4. Rights or claims of parties in possession not shown in the public records.
5. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments,then the policy
shall contain an additional exception which shall readers follow:
Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount actually
disbursed,but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the
account of the mortgagor up to the amount of the policy. Such disbursement shall not extend thedate of the policy or change any part thereof
unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the Insured(and
payment of the proper charges therefore),the Company's agent or approved attorney will search the public records subsequent to thedate
of the policy and furnish the insured a continuation report showing such matters affecting title to the land as they have appeared in the public
records subsequent to the date of the policy or date of the last preceding continuation report, and if such continuation report shows
intervening lien,or liens,or interest to or for the account of the mortgagor,then in such event this policy does not increase in liability unless
such matters as actually shown on such continuation report are removed-from the public records by the insured.
951675
COMMITMENT FOR TITLE INSURANCE
• * • * *
SCHEDULE A
1. Effective Date: APRIL 27, 1995 @ 7:00 A. M. RE: Our Order No. : U033485
2. Policy -or Policies to be issued:
A. ALTA Owner's Policy Amount $ TO BE AGREED UPON
Proposed Insured:
TO BE AGREED UPON
B. ALTA Loan Policy Amount $
Proposed Insured:
C. ALTA Loan Policy Amount $
Proposed Insured:
3. The estate or interest in the land described or referred to in this
Commitment and covered herein iS a fee simple, and title thereto is
at the effective date hereof vested in:
TRI-CITY VENTURES, LLC
4. The land referred to in this Commitment is described as follows:
LOT A OF CORRECTED RECORDED EXEMPTION NO. 0957-08-2—RE1610 ACCORDING TO THE PLAT
RECORDED NOVEMBER 9, 1994 IN BOOK 1466 AS RECEPTION NO. 2414/33, BEING A PORTION
OF THE NW1/4 OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 67 WEST OF -THE YTii P.M. , WELD
COUNTY, COLORADO.
- 1 -
951675 i
COMMITMENT FOR TITLE INSURANCE
* * • * *
SCHEDULE B
Section 1
RE: Our Order No. : UO33485
REQUIREMENTS:
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Payment of all taxes, charges or assessments, levied and assessed against the
subject premises which are due and payable.
Item (c) The following instrument(s) must be properly executed and filed of record in
the Official Land Records of Weld County, Colorado, to wit:
1. Quit Claim Deed from HARRY FRANK AND ELVERA FRANK to TRI-CITY VENTURES, LLC conveying
the land described herein.
NOTE: This requirement is necessary because the Deed recorded March 7, 1991 in Book
1292 as Reception No. 2243232 did not reflect the names of the Grantors in the notary
acknowledgment and also the Deed was executed by Elvera K. Frank and she held title as
Elvera Frank.
2. Warranty Deed from TRI-CITY VENTURES, LLC to Grantees to be Agreed Upon conveying the
land described herein.
3. Dollar amount of Policy coverage must be provided to the Company.
4. The actual value of the estate or interest to be insured must be disclosed to the
Company, and subject to approval by the Company, entered as the amount of the policy to
be issued. Until the amount of the policy to be issued shall be determined and entered
ae aforesaid, it is agreed that as between the Company, the applicant for this
commitment, and every person relying on this commitment, the Company cannot be required
to approve any such evaluation in excess of $100, 000.00, and the total liability of the
Company on account of this commitment shall not exceed said amount.
5. Trade Name Affidavit and Partnership Agreement of THE FRANK FAMILY PARTNERSHIP,
identifying the partners thereof.
NOTE: The Partnership Agreement need only be furnished to Weld County Title Company for
our file and need not be recorded. The Trade Name Affidavit needs to be recorded.
NOTE: Weld County Title Company reserves the right to make additional requirements
and/or exceptions upon receipt of the Documents required above.
CONTINUED NEXT PAGE
- 2 -
951673
B-1 CONTINUED
UO33485
6. Release Deed of Trust from TRI-CITY VENTURES, LLC to the Public Trustee for the use of
THE FRANK FAMILY PARTNERSHIP in the amount of $39,900.00, dated NOVEMBER 18, 1994, and
recorded DECEMBER 2, 1994 in BOOK 1470 as RECEPTION NO. 2417674.
7. A copy of the Operating Agreement and the Articles of Organization for TRI-CITY
VENTURES, LLC, A LIMITED LIABILITY COMPANY must be presented to Weld County Title
Company for examination and retention in its files.
- 3 -
951675
COMMITMENT FOR TITLE INSURANCE
* * * * *
SCHEDULE B
Section 2
RE: Our Order No. : UO33485
EXCEPTIONS:
The policy or policies to be issued will contain exceptions for defects, liens,
encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the
date the proposed insured acquires of record for value the estate or interest ormortgage thereon covered by this Commitment; and exceptions to the following matters
unless the same are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2 . Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any
facts which a correct survey and inspection of the premises would disclose and which
are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Taxes and assessments which are a lien or due and payable; and any tax, special
assessments, charges or lien imposed for water or sewer service, or for any other
special taxing district, any unredeemed tax sales.
6. Taxes for the year 1995, a lien, but not yet due or payable.
*****NOTE: Please see Requirement Item b, Schedule B, Section 1.
7. Right of way for COUNTY ROADS 30 feet wide on either side of section and township
lines as established by ORDER OF THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY,
recorded OCTOBER 14, 1889 in BOOK 86 at PAGE 273.
8. Reservation as contained in Patent recorded FEBRUARY 1, 1906 in BOOK 131 at PAGE 150,
said reservation being as follows:
Right of the proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises.
9. Right-of-way easement for CABLE LINE purposes as granted to THE UNITED STATES OF
AMERICA by instrument recorded JULY 31, 1961 in BOOK 1590 AT PAGE 334, said
right-of-way easement not being specifically defined.
10. Agreement for outside of city water service between HARRY & ELVERA FRANK and THE CITY
OF GREELEY AND THE GREELEY AND LOVELAND IRRIGATION COMPANY recorded APRIL 1, 1969 in
BOOK 607 as RECEPTION NO. 1529418.
CONTINUED NEXT PAGE
- 4 -
951675
B-2 CONTINUED
UO33485
11. Right of way for PIPELINE purposes as granted to PANHANDLE EASTERN PIPE LINE COMPANY
by instrument recorded JULY 12, 1976 in BOOK 771 AS RECEPTION NO. 1693414, said right
of way being that part of the NW1/4 of Section 8, Township 5 North, Range 67 West,
Weld County, Colorado, more particularly described as follows: Beginning at a point
on the North line of said NW1/4, said point being South 89°33'41" East on an assumed
bearing a distance of 1725.90 feet from the NW corner of said NW1/4• thence South
00 49'07" East a distance of 81.04 feet to a point• thence South 27635'27" East for a
distance of 37.54 feet to a point; thence South 04640'17" East for a distance of
1432.00 feet to a point; thence South 36°53'21" West for a distance of 1413.80 feet to
a point; thence South 28°01'23" East for a distance of 34.59 feet to a point on the
South line of said NW1/4, said point being North 89°56'50" East a distance of 1050.93
feet from the SW corner of said NW1/4. .
12. Right of way for PIPE LINE purposes as granted to PANHANDLE EASTERN PIPE LINE COMPANY
by instrument recorded OCTOBER 15, 1985 in BOOK 1088 AS RECEPTION NO. 2028540, said
right of way being a tract of land situated in the NW1/4 of Section 8, Township 5
North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly
described as a tract of land 50 feet in width, the centerline of which is described as
follows: Beginning at a point on the East line of said NW1/4 of Section 8, said point
being South 00 00'00" West 422.20 feet from the NE Corner of said NW1/4 thereof, and
running thence North 6018'30" West for a distance of 733 .90 feet; thence North
89°24'49" West for a distance of 210.8 feet to the point of termination, said point
being South 00°00' 00" West of 56.52 feet and North 90°00'00" West 848.33 feet from
said NE corner thereof. .
13. Subject to easements and rights of way as shown on the plat of Recorded Exemption No.
0957-08-2-RE1610 according to the plat recorded November 9, 1994 in Book 1466 as
Reception No. 2414733.
- 5 -
951675
EXHIB_ J"
DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
FOR
MEADOW BROOK FARM
_M$
THE MEADOW BROOK FARM COMMUNITY ASSOCIATION
951675
SABLE OF CONTENTS
PREAMBLE 1
ARTICLE I - DEFINITIONS 2
Section 1 Architectural Review Committee 2
Section 2 Articles of incorporation 2
Section 3 Association 2
-Section 4 Assessment 2
Section 5 Assessable Unit 2
Section 6 -Board 2
section 7 Bylaws 2
Section 8 Common Area 2
Section 9 Common Expenses 2
Section 10 Declaration 2
Section 11 Developer -2
Section 12 Equestrian Trail 3
Section 13 Federal Mortgage Agencies 3
Section 14 First Mortgage 3
Section 15 First -Mortgagee 3
Section 16 Improvements 3
Section 17 Institutional Mortgagee 3
Section 18 Living Unit 3
Section 19 Lot 3
Section 20 Member 3
Section 21 Mortgage 3
Section 22 Mortgagee 3
Section 23 Notice 4
Section 24 Owner 4
Section 25 Person 4
Section 26 Project or Properties 4
Section 27 Quorum of Owners 4
Section 28 Registered Notice 4
Section 29 Related User 4
Section 30 Single Family 4
ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION 4
Section 1 Existing Property 4
ARTICLE III - ASSOCIATION STRUCTURE AND FORMAT 5
Section 1 Organization 5
Section 2 Membership 5
Section 3 Executive Board 5
ARTICLE IV - DUTIES AND POWERS OF THE MEADOW BROOK FARM
COMMUNITY ASSOCIATION 6
Section 1 General Duties and Powers of Association . . 6
Section 2 Duty to Accept Property and Facilities
Transferred by Declarant 6
Section 3 Duty to Manage and Care for Private Roads,
Equestrian Trail, Duck Pond and Dam and
Spillway Leading to Duck Pond 6
Section 4 Duty to Provide Snow Removal on
Private Roads 6
Section 5 Duty to Pay Taxes and Assessments 6
Section 6 Duty to Prepare Budgets 7
-Section 7 Duty to Levy And Collect Assessments . . . . 7
Section 8 Duty to Provide Audit 7
Section 9 Power to Adopt Rules _and Regulations 7
Section 10 Power to Enforce Declaration and Rules and
Regulations 7
Section 11 Power to Provide Special Services for Members 8
Section 12 Power to Employ Managers 8
i
951675
Section 13 Power to Engage Employees, Agents and
Consultants 8
Section 14 General Corporate Powers 8
ARTICLE V - COVENANT FOR ASSESSMENTS 8
Section 1 General 8
Section 2 Method of Assessment 9
Section 3 Relationship of the Association Lien to
Mortgages 9
Section 4 General Assessments 9
Section 5 Budget Process 10
Section 6 supplementary Assessments 10
Section 7 Special Assessments 10
Section 8 Reimbursement Assessments 10
Section 9 Time for Payments 11
Section 10 Lien for Assessments and Other Amounts . . 11
Section 11 Estoppel Certificate 11
Section 12 No Abatement 11
Section 13 Rights of First Mortgagees 11
Section 14 Exempt Property 12
ARTICLE VI - USE AND OTHER RESTRICTIONS 12
Section 1 Nuisances 12
Section 2 Restriction on Further Subdivision 12
Section 3 Single-Family Residences 12
Section 4 Size of Single-Family Residences and
Utilization of certain Materials in
construction 12
Section 5 Common Area Restriction 12
Section 6 No Imperiling of Insurance 13
Section 7 No Violation of Law 13
Section 8 Appearance of Lots 13
Section 9 Restrictions on Signs 13
Section 10 Conditions for Architectural Control . . . . 13
Section 11 Rules and Regulations 13
Section 12 Restrictions on Parking and Storage 14
Section 13 Animal Barn or Storage Barn 14
Section 14 Household Pets and Livestock 14
Section 15 Planting of Trees on Eastern Edge of
Right-of-Way Adjoining Brookside Drive 14
Section 16 Control of Antennas and Receiving Equipment 15
Section 17 Underground Electric Lines 15
Section 18 No Hazardous Activities 15
Section 19 No Annoying Light, Sound or Odors 15
Section 20 Dog Runs, Clotheslines and Storage Areas . 15
Section 21 Garbage and Refuse Disposal 15
Section 22 Repair 15
Section 23 Storage 15
Section 24 Trash Burning 15
Section 25 Temporary Structures 15
Section 26 Septic Tanks and Septic Tank Fields 16
Section 27 Exterior Boundary Fencing 16
Section 28 Growing Crops 16
Section 29 Nondisturbance of Designated Wetlands . . . 16
Section 30 Owner's Obligation Upon Resale of Lot . . . 16
Section 31 Leases - 16
Section 32 Covenants Run with Land 16
ARTICLE VII - INSURANCE 17
Section 1 Insurance 17
Section 2 Insurance Requirements Generally 17
Section 3 Insurance for Common Area 17
Section 4 Insurance on Living Units 18
Section 5 Association Insurance as Primary Coverage . 18
Section 6 Workmen's Compensation and Employer's
_Liability Insurance 18 ry si _951675
Section 7 Notice of Loss to First Mortgagees 18
Section 8 Annual Review of Insurance Policies 18
Section 9 Distribution of Insurance Proceeds by
the Association 19
Section 10 Other Insurance 19
ARTICLE VIII - VARIOUS RIGHTS AND EASEMENTS 19
Section 1 Association Easements 19
Section 2 Owner Easements 19
Section 3 Easements Deemed Appurtenant 20
ARTICLE IX - ARCHITECTURAL REVIEW 20
Section 1 Activation of the Association Architectural
Review Committee 20
Section 2 Deactivation and Reactivation of the
Association Architectural Review
committee 20
Section 3 Membership of Committee 20
Section 4 Improvement to Property Defined 21
Section 5 Approval of Improvements Required 21
Section 6 Committee Guidelines or Rules 21
Section 7 Submission of Plans 21
Section 8 Criteria for Approval 22
Section 9 Architectural Review Fee 22
Section 10 Decision of Committee 22
Section 11 Appeal to Association Board 22
Section 12 Failure of Committee to Act on Plans . . . 22
Section 13 Obtaining Governmental Approvals 22
Section 14 Prosecution of Work After Approval 23
Section 15 Notice of Completion 23
Section 16 Inspection of Work 23
Section 17 Notice of Noncompliance 23
Section 18 Failure of Committee to Act After Completion 23
Section 19 Appeal to Association Board of Finding of
Noncompliance 24
Section 20 Correction of Noncompliance 24
Section 21 No Implied Waiver or Estoppel 24
Section 22 Committee Power to Grant Variances 24
Section 23 Compensation of Members 25
Section 24 Meetings of Committee 25
Section 25 Records of Actions 25
Section 26 Estoppel Certificates 25
Section 27 Nonliability for Committee Action 25
ARTICLE X - TERMINATION AND AMENDMENT OF DECLARATION . . . 26
Section 1 Termination 26
Section 2 Amendment 26
ARTICLE XI - CONDEMNATION, DAMAGE OR
DESTRUCTION TO COMMON AREA 26
Section 1 Damage or Destruction to Common Area . . . 26
Section 2 Owner-Caused Damage 26
Section 3 Condemnation Procedure 27
ARTICLE XII - -MORTGAGEE'S RIGHTS 27
Section 1 Notice to Mortgagee 27
Section 2 Actions Requiring Both Member and First
Mortgagee Approval 28
Section 3 Rights of First Mortgagees to Pay
Assessments, Etc 29
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ARTICLE XIII - RIGHTS RESERVED BY DECLARANT 29
Section 1 Special Declarant Rights 29
section 2 Additional -Reserved Rights 30
Section 3 Rights Transferrable 30
Section 4 Maximum Number of Lots 30
Section 5 Construction 30
Section 6 Construction Easement 30
ARTICLE XIV - REQUIRED ALLOCATION OF INTERESTS 30
Section 1 Allocated Interests 30
ARTICLE XV - GENERAL PROVISIONS 31
Section 1 Enforcement 31
Section 2 Severability 31
Section 3 Claims 31
Section 4 Waiver 31
Section 5 Conflicts of Provisions 31
Section 6 Owners Right to Examine 31
Section 7 Registration by owner of Mailing Address . 31
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951675
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
MEADOW BROOK FARM
THE MEADOW BROOK FARM COMMUNITY ASSOCIATION
PREAMBLE
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 private roads identified as Willow Ridge Drive and
Brookside Drive as those private 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 Sections38-33.3-101 (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 951675
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.
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 private roads identified as Willow Ridge Drive
and Brookside Drive as shown on the subdivision plat of Meadow
Brook Farm; the cost of snow removal on those two private roads;
the -cost of -maintenance, repair and replacement of the dam and
spillway 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.
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.
2 951675
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 referto 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. 538.33-103(30) as originally enacted or subsequently
amended.
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 2?. "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
3 951675
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.
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
4
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Units that may be built within the subdivision includes a total of
6 units.
ARTICLE III
ASSOCIATION STRUCTURE AND FORMAT
Section 1 - Organization. The Association is a nonprofit,
nonstock corporation organized and existing under the laws of
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) Composition. The number of Directors shall be as
provided in the Articles of Incorporation and Bylaws.
(b) Extent of Power.
(1) The Executive Board shall have all powers for
the conduct of the affairs of the Association which are
enabled by law or the Declaration of Covenants or the
-Articles of Incorporation and its Bylaws which are not
specifically reserved to Members, the Declarant or the
Architectural Review Committee by said Documents.
5
S51.675
(2) The Executive Board shall exercise its powers in
accordance with this Declaration of Covenants, Articles
of Incorporation and its Bylaws.
ARTICLE IV
JDUTIES 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 -Hoard has delegated such
powers, shall have the duties and powers hereinafter setforth 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 Private 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 private roads, 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 the private
roads, 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 Private Roads.
The Association, upon the commencement of Common Assessments, shall
have a duty to remove snow from private roads identified as
Brookside Drive and Willow Ridge Drive as those private 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 Pav Taxes and Assessments. The
Association shall be obligated to pay all taxes and assessments
levied on anyproperty 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 byDeclarant. The Association may contest the validity or
applicability of any such taxes, assessments or impositions so long
6
951675
as such contest does not jeopardize the title of the Association to
any such property or facilities.
Section 6 - Duty to -Prepare Budgets. The Association shall
prepare budgets as elsewhere provided in this Declaration.
Section 7 - Duty to Levv 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 Regulations. 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 Belated 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 noticeand hearing as defined
in this Declaration, reasonable and uniformly applied fines and
7 ray
-951675
penalties, established in advance in the rul-es and regulations of
the Association, from any Member of the Association for breach of
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 yr
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
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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
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 shallbecome due.
Section 3 - Relationship of the Association Lien to Mortaaaes.
Except as provided in C.R.S. 538-33.3-316 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 ar 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. 538-33.3-316 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
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established for the prior year shall automatically be
continued until such time as the Board acts.
(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 1s 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 maybe
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
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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
compliance, or (b) if 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 thedelinquency 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 138-33.3-316 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
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be entitled to immediate reimbursement therefor from She Meadow
Brook Farm Community Association.
Section 14 — Exempt Property. _'he 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 2,300 square
feet. Any Living Unit or single-family residence shall be designed
to accommodate a minimum of two (2) parking spaces and a3naximum 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
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2516'75
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
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.
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Section 12 - Restrictions on Parking and Storage. Except as
expressly heretofore provided, no Lot, including the private drives
or parking areas, unless specifically designated by the Association
therefore, shall be used as a storage or display area for any type
of house trailer, camping trailer, boat trailer, hauling trailer,
running gear, boat or accessories thereto, motordriven cycle,
truck, self-contained motorized vehicle, agricultural tractor of
any type or any type of business vehicle used in any business of
the owner or any family member of the owner except as a temporary
expedience for loading, delivery or emergency. No recreational
vehicles shall be stored, parked or maintained outside a garage on
any Lot. Any other vehicle other than recreational vehicles
described in this Section 11 or similar thereto and not described
in this Section 11 shall be contained and stored within a garage
which is attached to the Living Unit or residence or shall be
stored in a separate storage building defined as an "animal barn"
or "storage barn" in Section 12 of this Article VI. The same shall
be stored, parked or maintained within a garage. This restriction,
however, shall not restrict commercial vehicles within the
properties which are necessary for the construction of residential
dwellings for the maintenance of the Common Area of 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
road 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:
tot 1 - 3 horses Lot 2 - 3 horses
_Lot 3 - 3 horses tot 4 — 3 horses
_Lot 5 - 3 horses I.ot 6 — 3 horses
Section 15 - Planting of Trees on Eastern Edge of Right-of-Way
Adioininq 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.
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Section 16 - Control of Antennas and Receiving Equipment.
Exterior television receiving or transmitting devices of any type,
including receiving or transmission _equipment for microwave
transmissions and any radio receiving or transmitting devices of
any type, are expressly prohibited unless approved in writing 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 15 - 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 street
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 street 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, cry
15 951675
shack, garage, barn or metal building shall be used on anyLot at
any time.
,Section 26 Sentic Tanks and Septic Tank Fields. Unless
otherwise approved by the Architectural Control Committee, no
septic tanker field system-shall be closerthan 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
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 onthe
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 \I
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 ether forms of interval
ownership shall be permitted.
Section 32 - Covenants Run with Land. Tt 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
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the land, regardless of how succession of title may be
accomplished.
ARTICLE VII
I.NSURANOF
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 Reduirements 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
possi-ble, from responsible companies duly authorized and licensed
to do insurance -business in the estate 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 cf 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=esponsible
for the loss. She _cost and expense of all insurance _obtained by
the Association shall -be paid out of Association tunds collected by
Assessments and otherwise as elsewhere provided in this
Declaration.
Section 3 - Insurance for -Common Area. an 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 trom 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" ar 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
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951.675
(2) such other_risks as shall customarily be covered
with respect to projects similar in construction,
location and use.
(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 cover-age to include
protection against liability for non-owned and hired
automobile and, if-applicable, garagekeeper's liability, water
damage liability, contractual li-ability, 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 iequested 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 arisingout of any -such Owner's
membership in the Association.
Section 11 - 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.
snsurance 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 t - 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 ?Jittery _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.
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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
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.
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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
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 owner-s 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 1Review 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 �y
20 951675
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
Review Committee, shall 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 Required. 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.
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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
indicated will not be detrimental to the appearance of 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 Boar4. 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 - Obtaining 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
951675
22
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
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
inspecti-on 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
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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.
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
noncompli-once 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
iommittee. 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
:f 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 Bstoppel. 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 tf 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
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951fi75
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
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 ar 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 ofsuch 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 - Nonliabilitv 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.
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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.
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.
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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
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;
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(h) The right to examine the books and records of the
Association at any reasonabletime;
(i) Notice of any lapse, cancellation or material
modification of any insurance policy or fidelity bond
maintained by the Association.
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 ofthe Lots, improvements thereon
or the Common Area;
(2) fail to maintain full current replacement cost
fire and extended insurance coverage on the Common Area,
or
(3) use hazard insurance proceeds for Common Area
property losses for purposes other than to repair,
replace, 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 28 951675
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.
(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 Pav
Assessments. Etc. Any First Mortgageeof 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.
29 951675
(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") :
(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 re-corded in Weld
County. Such instrument shall be executed by the transferor
Declarant and the transferee.
Section 4 - Maximum Number of Lots. The maximum number of
Lots in the project shall not exceed 6 Lots or the maximum 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 5 - 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 6 - 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.
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:
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951675 '
(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 6; 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) .
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 ofIncorporation 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 nailing 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
certified 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, Declarant has executed this Declaration
on the day of , 1995.
Declarant
Tri-City Ventures, L.L.C. ,
a Colorado Limited Liability Company,
By:
JEFFREY A. PERRYMAN, Manager
31
951675
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
day of , 1995, by JEFFREY A. PERRYMAN, known to me to be
a Manager of Tri-City Ventures, L.L.C. , a Colorado ' Limited
Liability Company.
WITNESS my hand and official seal.
Notary Public
Address:
My Commission Expires:
32
951675
ARTICLES OF INCORPORATION
OF
THE MEADOW BROOK FARM COMMUNITY ASSOCIATION
For the purpose of forming a Corporation not-for-profit under
the Laws of the State of Colorado, the undersigned hereby sign and
acknowledge the following Articles of Incorporation:
ARTICLE I
NAME
The name of the Corporation is THE MEADOW BROOK FARM COMMUNITY
ASSOCIATION (hereinafter referred to as "Association") .
ARTICLE II
DURATION
The period of duration of the Association shall be perpetual.
ARTICLE III
PURPOSES
The business, objects and purposes for which the Corporation
is formed are as follows:
1. To be and constitute the Association to which reference
is made in the Declaration of Covenants, Conditions and
Restrictions for Meadow Brook Farm and any amendment or supplement
thereto (hereinafter called the "Declaration" and the definitions
and provisions thereof are incorporated herein by this reference as
if set forth at length) which has been or will be recorded in the
records of the Clerk and Recorder of the County of Weld, Colorado,
and to perform all obligations and duties of the Association and to
exercise all rights and powers of the Association.
2 . To provide an entity for the furtherance of the interests
of all of the Owners, including the Declarant named in the
Declaration, of certain lots in Meadow Brook Farm with the
objectives of establishing and maintaining those lots as a project
of quality and value; enhancing and protecting its value,
desirability and attractiveness; and providing for certain
maintenance, preservation and architectural control of the lots
within said project.
951.675
ARTICLE IV
POWERS
The Association shall have all of the powers, duties, and
privileges granted or permissible to a corporation not-for-profit
under the laws of Colorado except as expressly limited by these
Articles and the Declaration including, but not limited to, the
following:
(1) To make and -establish rules and regulations
governing the use and activities -of the Association.
(2) To make, levy, and collect assessments against
members of the Association, in accordance with the terms of
the Declaration and such Bylaws of this Association as may
from time to time be adopted, defray the costs, expenses, and
dosses of the Association, and to use the proceeds in the
exercise of its powers and duties.
(3) To maintain, repair, replace, operate, and manage
the Association and the real and personal property comprising
it, including the right to reconstruct improvements after
'damage by casualty, to make further improvements of the
Association property, and to purchase replacements and
additional property in furtherance of the purposes of the
Association.
(4) To make contracts and incur liabilities, borrow or
lend money at such rates of interest as the Association may
determine, issue its notes, bonds and other obligations, and
secure any of its obligations by mortgage and pledge of all or
any of its property, franchises, or income.
(5) To purchase, lease, take by gift, devise or bequest,
or otherwise acquire, own, hold, improve, use, or otherwise
deal in and with real and personal property, or any interest
therein.
(6) To purchase insurance upon any of the property and
insurance for protection of the Association, and any
mortgagees, lessees or other persons.
(7) To contract for the management of the Association
and to delegate to such contractor or contractors all powers
and duties ofthe Association except such as are specifically
required by the Declaration to have approval of the Executive
Board or the membership of the Association or which may not be
delegated pursuant to Colorado Law.
(-8) To employ personnel to perform the services required
for the proper operation of the Association.
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951675
(9) To -enforce by legal means the provisions of the
Declaration, these Articles of Incorporation, the Bylaws of
the Association which may be hereafter adopted from time to
time, and the Rules and Regulations governing the use of the
Development as may be hereafter duly established.
(10) To exercise, undertake, and accomplish all of the
rights, duties and obligations which may be granted to or
imposed upon the Association by law or pursuant to the
Declaration.
The Powers of the Association shall be subject to and shall be
exercised in accordance with the provisions of the Declaration and
the Bylaws. The foregoing powers shall not be limited in any way,
except as otherwise expressly provided, by reference to or
inference from the terms of any other clause (or any other matter
within the same clause) , but shall be regarded as independent
powers; and the enumeration of specified powers shall not be
construed to exclude, limit or restrict in any manner any power,
right, or privilege given to the Association by law, or to limit or
restrict in any manner the meaning of the general terms of such
clauses, or the general powers of the Association, nor shall the
expression of one thing be deemed to exclude another, although it
be of a like nature, not expressed.
ARTICLE V
MEMBERSHIP
1. This corporation shall be a membership corporation
without certificates or shares of stock. As more fully provided in
the Declaration, every person or entity who is a record owner of a
fee or undivided fee interest in any lot which is subject to
assessment under the Declaration, including contract sellers, shall
be a member of the Corporation. The foregoing is not intended to
include persons or entities who hold an interest merely as security
for the performance of an obligation.
2 . A membership in this Corporation and the interest of a
member in the assets of this Corporation shall not be assigned,
encumbered or transferred in any manner except as appurtenant to
the transfer of title to the lot to which the membership pertains;
provided, however, that the rights of membership may be assigned to
the holder of a mortgage, deed of trust or other security
instrument on a lot as further security for a loan secured by a
lien on such lot.
3 . A transfer of membership shall occur automatically upon
the transfer of title to the lot to which the membership pertains;
provided however, that the Bylaws of this Corporation may contain
reasonable provisions and requirements with respect to recording
such transfers on the books and records of this Corporation.
3
1951675
4 . -Members shall have the right to purchase other lots and
to exercise the membership rights appurtenant thereto as provided
in the Declaration.
5. This Corporation may suspend the voting rights of a
member for failure to comply with the Rules and Regulations or the
Bylaws of the Association or with any other obligations, including
nonpayment of assessments, under the Declaration. All members
shall be entitled to vote on all matters, except any members who
are in default in any obligation to the Association. Cumulative
voting is prohibited.
t. The Bylaws may contain additional provisions setting
forth the rights, privileges, duties and responsibilities of the
members; provided however, the provisions of these Articles of
Incorporation and the Bylaws shall be subject to the covenants,
terms and provisions of the Declaration which shall control in the
Event of any conflict, and the provisions of these Articles of
Incorporation shall control over any conflicting provisions in the
Bylaws.
ARTICLE VI
VOTING BIGHTS
As more fully provided in the Declaration and Bylaws, the
association shall have one (1) class of voting membership:
1. Class A. Class A -members shall be all owners of lots,
and there shall be one vote for each lot owned. When more than one
person holds an interest in any lot, all such persons shall be
members, and the vote for such lot shall be exercised as they
-determine, but in no event shall more than one vote be cast with
respect to any lot. Class A members shall vote as provided in the
Declaration to approve the annual budget or any supplemental or
special assessment; to approve mergers, consolidations, or
dissolution of the Association; to approve conveyance, or
mortgaging of the Common Area; to approve amendments to the
Declaration after the Declarant's rights to amend have terminated;
to elect the Executive Board of the Association during the period
of Declarant control as required by C.R.S. §38-33. 3-- (303) ; and to
-elect all members of the Executive Board after the period of
Declarant control with the manner of election to be described in
the Bylaws of the Association.
2 . Each Class A member shall be entitled to one (1) vote for
each lot owned, provided that (i) the Association may suspend any
Class A member's voting rights in the Association during any period
or periods that such member fails to comply with the Rules and
1egulations of the Association adopted by the Executive Board or
with any other obligation of the member under the Bylaws or the
Declaration, (ii) no Class A member shall have the right to vote
4
951675 '
until (a) the Secretary of the Association has received from either
the member or from a title company licensed to do business in the
State of Colorado a certified copy of the recorded deed or other
recorded instrument establishing record title to a lot, and (b) if
the member shall be more than one (1) person or a corporation or a
partnership, -a written notice subscribed to by all such persons or
by such corporation, as the case may be, designating one of such
persons or an -officer of such corporation as the person entitled to
cast the -votes with respect to such lot; but -all of the other
rights and an other obligations of the owner of such lot hereunder
shall be un-affected including, -without limitation, the right to use
the -Common Area and the obligation to pay assessments.
3 . Members shall have no preemptive sights to purchase other
lots or the -membership appurtenant thereto.
ARTICLE VII
EXECUTIVE BOARD
The names and addresses of the three (3) persons who are to
serve as the first Executive -Board of the Association until their
successors are duly elected and qualify are:
Jeff Berryman
361 71st Avenue
Greeley, Colorado 80_634
Tom Frank
654-6 East U.S. Highway 34
Loveland, Colorado 833538
Harry -Frank
6538 East U.B . Highway 34
Loveland, Colorado 80538
The Executive Board shall consist of an odd number of
Directors, but shall have not less than three (3) , members after
the period of service by the initial Directors identified above,
the specified number to be set forth from time to time in the
Bylaws of the Association.
The business affairs of the Corporation shall be conducted,
managed and controlled by the Executive Board. Except as provided
herein, members of the Executive Board shall be elected in the
manner provided in the Bylaws.
Notwithstanding the foregoing, not later than sixty (-6D) days
after conveyance of twenty-five percent (25%) of the lots that may
be created to lot owners other than the Declarant, at least one (1)
member, and not less than twenty-five percent (25%) of the members
of the Executive Board shall be elected by lot owners other than
5
951 75
the Declarant. Not later than sixty (60) days after conveyance of
fifty percent (50%) of the lots that -nay be created to lot owners
other than the Declarant, not less than one-third (1/3) of the
members of the Executive Board must be elected by lot owners other
than the Declarant. In accordance with the Colorado Common
Interest Owner-ship Act, the period of Declarant control shall
terminate no later than the earlier of: (i) sixty (60) days after
conveyance of seventy-five percent (75%) of the lots that may be
created to lot owners other than the Declarant; (ii) two (2) years
after the Declarant has last conveyed a lot in the ordinary course
of business; or (iii) two (2) years after any right to add new lots
was last exerci-seed. The Declarant may voluntarily surrender the
right to appoint and remove officers and directors of the Executive
Board before termination of the period of Declaration control, but
in that event, the Declarant may require for the duration of the
period of Declarant control, that specified actions of the
Association or Executive Board, as described in a ,recorded
instrument executed by the Declarant, be approved by the Declarant
before they become effective.
ARTICLE VIII
REGISTERED OFFICE AND AGENT
The registered office of the Corporation shall be:
Jeff Perryman
361 71st Avenue
P.O. Box 1727
Greeley, Colorado 80632
The registered agent at such address shall be:
Jeff Perryman
361 71st Avenue
P.O. Box 1727
Greeley, Colorado 80632
ARTICLE IR
TRANSFER OF ASSETS UPON DISSOLUTION
In the -event of the dissolution of this corporation, all
property of the corporation shall, to the extent reasonably
possible, be conveyed or transferred to an appropriate public or
governmental agency or agencies or to another nonprofit
corporation, association, trust or other organization, to be used,
in any such event, for the common benefit of the members of this
association for similar purposes for which the particular property
was held by this association. To the extent the foregoing is not
possible, all properties of the association shall be sold or
disposed of, and the proceeds from the sale or disposition shall be
6
951675
distributed to members in proportion to the number of lots each
member owns within the project as more fully described in the
Declaration of Covenants, Conditions and Restrictions for Meadow
Brook Farm as found in the real estate records of the Clerk and
Recorder of the County of Weld.
ARTICLE X
INCORPORATOR
The incorporator of this Corporation shall be Glen
Droegemueller and his address is 822 Seventh Street, Suite 330,
Greeley, Colorado 80631.
ARTICLE XI
AMENDMENTS
Amendments to these Articles of Incorporation may be adopted
at a regular or special meeting of the members of the Association
upon receiving the vote of 75% of the membership of the Association
who are present at the meeting or who have provided proxies to be
voted upon the proposed amendment; provided, that no amendments
shall be adopted which would render these Articles inconsistent
with the Declaration of Covenants for Meadow Brook Farm recorded in
Weld County, Colorado.
ARTICLE XII
BYLAWS
The first Bylaws of the Corporation shall be adopted by the
Executive Board and may be altered, amended, or rescinded in the
manner provided in the Bylaws; provided, however, that no provision
of the Bylaws shall be contrary to or inconsistent with any
provision hereof or, of the Declaration.
ARTICLE XIII
PERSONAL LIABILITY OF EXECUTIVE BOARD
The personal liability of an Executive Board member to the
Association or its members for monetary damages for breach of
fiduciary duty is eliminated; except that this shall not eliminate
or limit the liability of a member of the Executive Board to the
Association or its members for monetary damages for: (a) any
breach of the Executive Board member's duty of loyalty to the
Association or its members; (b) acts or omissions not in good faith
or which involve intentional misconduct or knowing violation of the
law; or (c) any transaction from which the Executive Board member
derived an improper personal benefit.
7
951675
IN WITNESS WHEREOF, for the purpose of forming this
Corporation under the laws of the State of Colorado, the
undersigned, constituting the Incorporation of this Is�sociation,
has executed these Articles of Incorporation this �-(' day of
1995. \
�Iun `x)4 . c�
GLEN DROEGEM5LLER
STATE OF COLORADO ) �JJ
ss.
COUNTY OF WELD )
I, Sonja J. Richardson, a Notary Public in and for said County
and State, do hereby certify that on the day of
1995, personally appeared before me, GLEN DROEGEMUELLER, who, being
by me first duly sworn, declared that he is of the age of
twenty-one (21) years or more, that he is the person who signed the
foregoing document as Incorporator, and -that the statements therein
contained are true.
WITNESS my hand and official seal.
Notary Public
Address: 822 7th St. , #330
Greeley, CO 80631
My Commission Expires: 12/19/96
I, JEFF PERRYMAN, expressly consent to serve as the initial
Registered Agent of The Meadow Brook Farm Community Association.
JEFF PERRYMAN
8
951675
Exhibit "K"
BYLAWS
OF
THE MEADOW BROOK FARM COMMUNITY ASSOCIATION
951675 '
TABLE OP CONTENTS
ARTICLE I - GENERAL 1
section 1 Purpose of Bylaws 1
Section 2 Terms Defined in Declaration 1
Section 3 Controlling Laws and Instruments 1
ARTICLE II - OFFICE AND REGISTERED AGENT 1
Section 1 Principal Office 1
Section 2 Registered Office and Agent 1
ARTICLE III - MEMBERSHIP AND VOTING RIGHTS 2
Section 1 Membership in Association 2
Section 2 Election of Directors 2
Section 3 Annual Meetings and Special Meetings . . . 3
Section 4 Quorum 4
Section 5 Waiver and Consent 4
Section 6 Place of Meetings 4
Section 7 Notice of Meeting 4
Section 8 Order of Business 4
Section 9 Record Date 5
Section 10 voting List 5
Section 11 Proxies 5
ARTICLE IV - EXECUTIVE BOARD 5
Section 1 Number, Qualifications and Term 5
Section 2 Vacancy and Replacement 6
Section 3 Removal 6
Section 4 Initial Executive Board 6
Section 5 Powers 6
Section 6 Committees 6
Section 7 Compensation 7
Section 8 Meetings 7
Section 9 Meetings Open to Owners 8
Section 10 Management Agent 8
Section 11 Limited Liability; Indemnification 8
Section 12 Telephone Communication in Lieu of Attendance 8
ARTICLE V - OFFICERS 9
Section 1 Elective Officers 9
Section 2 Term 9
Section 3 The President 9
Section 4 The Vice President 9
Section 5 The Secretary 9
Section 6 The Treasurer 9
i
951675 •
section 7 Agreements 10
Section 8 Vacancy and Replacement 10
Section 9 Removal 10
ARTICLE VI - NOTICES 10
ARTICLE VII - ARCHITECTURAL REVIEW COMMITTEE 11
Section 1 Composition 11
Section 2 Vacancies 11
Section 3 Duties 11
Section 4 Construction Period Exception 11
ARTICLE VIII - RULES AND REGULATIONS AND ENFORCEMENT . . . 11
ARTICLE IX - MORTGAGEES 12
Section 1 Notice to Association 12
Section 2 Notice of Default 12
ARTICLE X - AMENDMENT 12
ARTICLE XI - NOTICE AND HEARING PROCEDURES 12
Section 1 The Meadow Brook Farm Community Association
Enforcement Rights 12
Section 2 Written Complaint 13
Section 3 Notice of Complaint and Notice of Defense . 13
Section 4 Tribunal 14
Section 5 Notice of Hearing 14
Section 6 Hearing 15
Section 7 Decision 16
ARTICLE XII - RECORDS 17
Section 1 Records and Audits 17
Section 2 Examination 17
Section 3 Records 17
ARTICLE XIII - MISCELLANEOUS 18
Section 1 Severability 18
Section 2 Construction 18
Section 3 Rules of Procedure 18
Section 4 Interpretations 18
Section 5 Reserves 19
ii
951675
BYLAWS
OF
THE MEADOW BROOK FARM COMMUNITY ASSOCIATION
ARTICLE I
GENERAL
Section 1 - Purpose of Bylaws. These Bylaws are adopted for
the regulation and management of the affairs of The Meadow -Brook
Farm Community Association, a Colorado nonprofit corporation,
organized to be the association to which reference is made in the
Declaration for The Meadow Brook Farm Community Association to
perform the functions as provided in the Declaration and to further
the interests of owners of privately owned lots within the area.
Section 2 - Terms Defined in Declaration. Capitalized terms
in these Bylaws shall have the same meaning as any similarly
capitalized terms in the Declaration.
Section 3 - Controlling Laws and Instruments. These Bylaws
are controlled by and shall always be consistent with the
provisions of the -Colorado Nonprofit Corporation Act, the
Declaration and the Articles of Incorporation of The Meadow Brook
Farm Community Association filed with the Secretary of State of
Colorado, as any of the foregoing may be amended from time to time.
ARTICLE II
OFFICE AND REGISTERED AGENT
Section 1 - Principal Office. The principal office of the
corporation shall be 361 71st Avenue, Greeley, Colorado 80634 .
The Executive Board, in its discretion, may change from time to
time the location of the principal office.
Section 2 - Registered Office and Agent. The Colorado
Nonprofit Corporation Act requires that the Association have and
continuously maintain in the State of Colorado a registered office
and a registered agent whose business office is identical with such
registered office. The registered office need not be the same as
the principal office of the Association. The initial registered
office and the initial registered agent are specified in the
Articles of Incorporation of the Association but may be changed by
the Association at any time without amendment to the Articles of
Incorporation by filing a statement as specified by law in the
office of the Secretary of State of Colorado.
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ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1 - Membership in Association. There shall be one (1)
class of members, to-wit:
1. Class A. Class A members shall be all owners of lots,
and there shall be one vote for each lot owned. When more than one
person holds an interest in any lot, all such persons shall be
members, and the vote for such lot shall be exercised as they
determine, but in no event shall more than one vote be cast with
respect to any lot. Class A members shall vote as provided in the
Declaration to approve the annual budget or any supplemental or
special assessment; to approve mergers, consolidations, or
dissolution of the Association; to approve conveyance, or
mortgaging of the Common Area; to approve amendments to the
Declaration after the Declarant's rights to amend have terminated;
to elect the Executive Board of the Association during the period
of Declarant control as required by C.R.S. §38-33 . 3-(303) ; and to
elect all members of the Executive Board after the period of
Declarant control with the manner of election to be described in
the Bylaws of the Association.
2 . Each Class A member shall be entitled to one (1) vote for
each lot owned, provided that (i) the Association may suspend any
Class A member's voting rights in the Association during any period
or periods that such member fails to comply with the Rules and
Regulations of the Association adopted by the Executive Board or
with any other obligation of the member under the Bylaws or the
Declaration, (ii) no Class A member shall have the right to vote
until (a) the Secretary of the Association has received from either
the member or from a title company licensed to do business in the
State of Colorado a certified copy -of the recorded deed or other
recorded instrument establishing record title to a lot, and (b) if
the member shall be more than one (1) person or a corporation or a
partnership, a written notice subscribed to by all such persons or
by such corporation, as the case may be, designating one of such
persons or an officer of such corporation as the person entitled to
cast the votes with respect to such lot; but all of the other
rights and all other obligations of the owner of such lot hereunder
shall be unaffected including, without limitation, the right to use
the Common Area and the obligation to pay assessments.
3 . Members shall have no preemptive rights to purchase other
lots or the membership appurtenant thereto.
Section 2 - Election of Directors.
(a) Number of Directors. The Executive Board shall
consist of a total of three (3) individuals. The Executive
Board, upon majority vote of the Executive Board, may increase
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the number to five (5) individuals either during the period of
Declarant control or thereafter. After the period of
Declarant control, all Board members shall be elected.
(b) Appointed Directors. During the period of time
identified in the Declaration that the Declarant shall be
entitled to appoint directors, the Declarant shall be allowed
to appoint a maximum of three (3) directors until that right
ceases in accordance with C.R.S. §38-33 . 3-303 . Appointed
directors need not be members of the Association.
(c) Elected Directors. Not later than sixty (60) days
after conveyance of twenty-five percent (25%) of the lots that
may be created to lot owners other than the Declarant, at
least one (1) member, and not less than twenty-five percent
(25%) of the members of the Executive Board shall be elected
by lot owners other than the Declarant. Not later than sixty
(60) days after conveyance of fifty percent (50%) of the lots
that may be created to lot owners other than the Declarant,
not less than one-third (1/3) of the members of the Executive
Board shall be elected by lot owners other than the Declarant.
In accordance with the Colorado Common Interest Ownership Act,
the period of Declarant control shall terminate no later than
the earlier of: (i) sixty (60) days after conveyance of
seventy-five percent (75%) of the lots that may be created to
lot owners other than the Declarant; (ii) two (2) years after
the Declarant has last conveyed a lot in the ordinary course
of business; or (iii) two (2) years after any right to add to
lots was exercised. The Declarant may voluntarily surrender
the right to appoint and remove officers and directors of the
Executive Board before termination of the period of Declarant
Control, but in that event, the Declarant may require for the
duration of the period of Declarant control, that specified
actions of the Association or Executive Board, as described in
a recorded instrument executed by the Declarant, be approved
by the Declarant before they become effective.
Section 3 - Annual Meetings and Special Meetings.
(a) Annual meetings of the owners shall be held in July
of each year, beginning in July of 1996, on such day in
September and at -such time of day as is fixed by the Executive
Board of the Association and specified in the Notice of
Meeting. The annual meetings shall be held to elect the
Executive Board of the Association and to transact such other
business as may properly come before the meeting.
(b) After the period of Declarant 'control, it shall be
the duty of the President and, should the President fail to do
so of the Vice President, to call a special meeting of the
owners as provided in this Section, or upon a petition signed
by a majority of the owners of the Association having been
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presented to the Secretary. The date of any special meeting
being called upon such a petition shall be not less than
fourteen (14) days nor more than thirty (30) days from receipt
of such petition by the Secretary.
Section 4 - Quorum. A quorum shall consist of at least twenty
percent (20%) of all owners entitled to vote, whether present or in
person or by written proxy, except as otherwise provided in these
Bylaws or in the Declaration. The question as to the presence of
a quorum may only be raised immediately after the meeting has been
called to order. If the presence of a quorum has not been
questioned or if by count it appears that a quorum is present, then
the regularity of the proceedings or the validity of the
transactions of the meeting shall in no way be affected by lack of
a quorum or by change in the number present that may take place
during the meeting. If no quorum be present, the presiding officer
may adjourn the meeting to some other time, not later than seven
(7) days from the date of such meeting, and such adjourned meeting
shall have the same effect as if held on the day appointed.
When a quorum is present at any meeting, the vote of a
majority of the owners present in person or represented by written
proxy shall decide all questions and such vote shall be binding
upon all owners, unless the question is one upon which by express
provision of the Declaration, Articles of Incorporation, or these
Bylaws a different vote is required, in which case such express
provisions shall govern and control the decision of such question.
Section 5 - Waiver and Consent. Whenever the vote of owners
at a meeting is required or permitted by any provision of the
Declaration, Articles of Incorporation, or of these Bylaws to be
taken in connection with any action, the meeting and vote of
members may be dispensed with if all owners who would have been
entitled to vote upon the action if such meeting were held shall
consent, in writing, to such action being taken.
Section 6 - Place of Meetings. Meetings shall be held at a
suitable place within the State of Colorado convenient to the
owners as may be determined by the Executive -Board.
Section 7 - Notice of Meeting. It shall be the duty of the
Secretary, at least fourteen (14) but not more than thirty (30)
days prior to each annual or special meeting, to mail a notice
stating the purpose thereof as well as the time and place where it
is to be held to each member.
Section 8 - Order of Business. The order of business at all
meetings shall be as follows to the extent required:
(a) Roll call;
(b) Proof of notice of meeting or waiver of notice;
(c) Reading of minutes of preceding meeting;
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(d) Report of officers;
(e) Report of Executive Board;
(f) Report of committees;
(g) Election of inspectors of election (in the event there is
an election) ;
(h) Election of Executive Board (in the event there is an
election) ;
(i) Unfinished business;
(j) Ratification of Association budget;
(k) New business; and
(1) Adjournment.
Section 9 - Record Date. The record date for determination of
owners entitled to notice of or to vote at a meeting of the owners
shall be the date on which the notice of the meeting is mailed or
otherwise delivered.
Section 10 - Voting List. The officer or agent having charge
of the records of the Association shall make, at least ten (10)
days before each meeting of owners, a complete list of owners
entitled to vote at such meeting or any adjournment thereof
arranged in alphabetical order, together with the address of such
owner, which list, for a period of ten (10) days prior to such
meeting, shall be kept on file at the principal office of the
Association and shall be subject to inspection by any owner at any
time during usual business hours. Such list shall also be produced
and kept open at the time and place of the meeting and shall be
subject to inspection by any owner during the whole time of the
meeting.
Section 11 - Proxies. At all meetings of the owners, an owner
may vote by proxy executed in writing by the owner or by a duly
authorized attorney-in-fact. Such proxy may be filed with the
Secretary of the Association before or at the time of the meeting.
No proxy shall be valid after six (6) months from the date of
execution unless otherwise provided in the proxy.
ARTICLE IV
EXECUTIVE BOARD
Section 1 - Number. Qualifications and Term. The number of
directors which shall constitute the whole Board shall be as set
forth in Article III, Section 2 of these Bylaws.
All elected directors shall be owners icr an officer of an
owner, if the owner shall be a corporation, and any such director
who ceases to be an owner shall automatically be deemed to have
resigned. At the expiration of the initial term of office of each
such respective director, a successor shall be elected to serve a
term of one (1) year. All directors shall hold office until their
successors have been elected and qualify. At such time as the
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period of Declarant Control has terminated and the members of the
Executive Board are elected by members of the Association, the
Board may establish staggered terms of election regarding members
of the Executive Board. Such staggered terms shall not be
mandatory and shall be a policy decision to be determined by the
Executive Board after the period of Declarant Control.
Section 2 - Vacancy and Replacement. If the office of any
elected director or directors becomes vacant by reason of death,
resignation, retirement, disqualification, removal from office, or
otherwise, a majority of the remaining directors, though less than
a quorum, at a special meeting of the directors duly called for
this purpose, shall choose a successor or successors who shall hold
office for the unexpired term with respect to which such vacancy
occurred.
Section 3 - Removal. Elected directors may be removed with or
without cause by an affirmative vote of two-thirds (2/3) of the
members at any meeting of members when the notice therefor
indicates the purpose. No elected director shall continue to serve
on the Board if, during that term of office, the director shall
cease to be an owner.
Section 4 - Initial Executive Board. The initial appointed
Executive Board shall consist of three (3) persons designated as
such in the Articles of Incorporation who shall hold office and
exercise all powers of the Executive Board until the expiration of
the period of Declarant control as provided for in the Declaration
or C.R.S. § 38-33 . 3-303 regarding declarant control. Any or all of
said directors may be replaced by the Declarant until the first
annual meeting of owners described in Article III, Section 3 of
these Bylaws.
Section 5 - Powers. The Board shall have general charge,
management, and control of the affairs, funds and property of the
Association and shall authorize and control all expenditures
pursuant and subject to the Articles of Incorporation, the
Declaration and these Bylaws. It shall have the powers granted to
the Association in the Articles of Incorporation or Declaration and
the duty to carry out the purposes of the Association according to
law and as set forth in the Articles of Incorporation, these Bylaws
and the Declaration.
Section 6 - Committees. The Executive Board may, by
resolution or resolutions passed by a majority of the whole Board,
designate one or more committees, each of such committees to
consist of two (2) directors which, to the extent provided in said
resolution or resolutions and subject to the limitations of
Colorado law and of the Declaration, shall have and may exercise
such powers of the Board in the management of the business and
affairs of the project as the resolution or resolutions of the
Board shall specifically provide. Such committee or committees
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shall have such name or names as may be determined from time to
time by resolution adopted by the Executive Board. Committees
established by resolution of the Executive Board shall keep regular
minutes of their proceedings and shall report the same to the Board
as required. The provisions of this section 6 shall not apply to
the Architectural Review Committee and shall not require a director
as a member of that Committee.
Section 7 - Compensation. Directors and officers shall
receive no compensation for their services as such.
Section 8 - Meetings.
(a) The annual meeting of each Executive Board newly
elected by the owners shall be held immediately upon
adjournment of the meeting at which they were elected,
provided a quorum shall then be present, or as soon thereafter
as may be practicable at the same place as the owners meeting,
at which time the dates, places and times of regularly
scheduled meetings of the Board shall be set.
(b) There shall be held at least two (2) regularly
scheduled meetings of the Board each year without special
notice to the directors.
(c) Special meetings of the Board may be called by the
President on seven (7) days notice (except in emergency when
less notice may be given) to each director, either personally
or by mail or telegram, except in the event of an emergency
when less notice may be given. Special meetings shall be
called by the President or Secretary in a like manner and on
like notice on the written request of at least two (2)
directors. All such notices of special meetings shall state
the purpose thereof.
(d) At all meetings of the Board, a majority of the
directors shall be necessary and sufficient to constitute a
quorum for the transaction of business, and an act of the
majority of the directors present at any meeting at which
there is a quorum shall be the act of the Board, except as may
otherwise specifically be provided by Statute, Articles of
Incorporation, Declaration or by these Bylaws. If a quorum
shall not be present at any meeting of directors, the
directors present may adjourn the meeting from time to time,
without notice other than announcement at the meeting, until
a quorum shall be present.
(e) Before, at or after any meeting of the Executive
Board, any director may, in writing, waive notice of such
meeting and such waiver shall be deemed equivalent to the
giving of such notice. Attendance by a director at any
meeting of the Board shall be a waiver of notice by the
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Director of the time and place thereof. If all the directors
are present at any meeting of the Board, no notice shall be
required and any business may be transacted at such meeting.
Section 9 - Meetings Open to Owners. Meetings of the
Executive Board shall be open to all owners and institutional
mortgagees.
Section 10 - Management Agent. The Executive Board may employ
under a term contract or otherwise at a compensation established by
the Executive Board a management agent to perform such duties and
services as the Board shall authorize subject to the provisions and
limitations set forth in the Declaration.
Section 11 - Limited Liability; Indemnification. Neither
Declarant, the Association or the Executive Board shall be liable
to the Association or any owner for any action or for any failure
to act with respect to any matter, so long as such person or entity
was not guilty of fraud or misconduct in taking such action or
failing to act.
The Executive Board, the Declarant or the Association shall
not be liable, individually or as a group, to owners, members or
other interested persons for errors in judgment, negligence or
otherwise, unless guilty of willful misconduct, bad faith or
malicious intent. The Association shall indemnify, defend and hold
the Declarant, any member of the Board and any employee or agent of
Declarant or the Association harmless against any liability or
claims made by any owner, member or other interested person, unless
and until it is determined that any of them acted in bad faith,
with malicious motive or engaged in willful misconduct. Should any
of the latter be determined, then the Association's responsibility
as to any person so acting shall terminate, and if any expenses or
other payments have been made pursuant hereto for the benefit of
any person who so acted, then the Association shall have a cause of
action against that person for reimbursement for all such payments.
The indemnification authorized by this Article IV, Section 11
shall include payment of (i) reasonable attorney's fees or other
expenses incurred in settling any action or proceeding, or
threatened action or proceeding, or incurred in any finally
adjudicated legal action or proceeding, and (ii) expenses incurred
in the ,removal of any liens affecting any property of the
indemnitee. Indemnification shall be made from assets of the
Association, and no owner shall be personally liable for any
indemnitee.
Section 12 - Telephone Communication in Lieu of Attendance.
An Executive Board member may attend a meeting of the Executive
Board by using an electronic or telephonic communication method
whereby the Board member may be heard by the other members and may
hear the deliberations of the other members on any matter properly
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brought before the Executive Board. The Executive Board member's
vote shall be counted and the presence noted as if that Executive
Board member were present in person on that particular matter.
ARTICLE V
OFFICERS
Section 1 - Elective Officers. The Board shall elect at its
annual meeting each year a President, a Secretary and a Treasurer.
All officers (other than those selected by the Declarant) must be
owners.
Section 2 - Term. Each officer shall hold office until his or
her successor is elected and shall qualify, but any officer may be
removed and/or replaced, with or without cause, at any time by the
affirmative vote of a majority of the whole Executive Board.
Section 3 - The President. The President shall be the Chief
Executive Officer of the Association. He or she shall preside at
all meetings of the Association and the Executive Board, shall be
an ex-officio member of all standing committees except any
nominating committee, and shall perform such other duties as are
incident to the office or properly required by the Board.
Section 4 - The Secretary. The Secretary shall keep the
minutes of all meetings of the Association and of the Executive
Board in a businesslike manner and shall issue all general notices.
He or she shall make such reports and perform such other duties as
are incident to the office or are properly required by the Board.
The minutes of all such meetings shall be available for inspection
by owners at all reasonable times.
Section 5 - The Treasurer. The Treasurer shall have the
custody of the Association funds and securities and shall keep full
and accurate chronological account of receipts and disbursements in
books belonging to the Association, including the vouchers for such
disbursements and shall deposit all monies and other valuable
effects in the name and the credit of the Association in such
depositories as may be designated by the Executive Board.
He or she shall disburse the funds of the Association as may
be ordered by the Board, making proper vouchers for such
disbursements and shall render to the President and directors, at
the regular meetings of the Board or whenever they may require it,
an account of all transactions as Treasurer and of the financial
condition of the Association.
He or she shall keep detailed financial records and books of
account of the Association, including a separate account for each
lot which, among other things, shall contain the amount of each
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assessment against such lot, the date when due, the amounts paid
thereon and the balance remaining unpaid.
He or she shall perform all other duties incident to the
office or which may be properly required by the Board.
Section 6 - Agreements. All agreements and other instruments
authorized by the Board shall be executed by the President and/or
such other person or persons as may be designated by the Board.
Any amendment to the Declaration on behalf of the Association shall
be executed and certified by the President of the Association and
no other member of the Board.
section 7 - Vacancy and Replacement. If the position of any
officer becomes vacant by reason of death, resignation, retirement,
disqualification, removal from office or otherwise, a majority of
the Executive Board shall choose a successor or successors who
shall hold office for the unexpired term with respect to which such
vacancy occurred.
Section 8 - Removal. Officers may be removed with cause by an
affirmative vote of a majority of the members at any meeting of
members when the notice therefor indicates the purpose or by a
majority vote of the Executive Board at any regular or special
meeting of the Executive Board. No officer shall continue to serve
on the Board if, during the term of office, the officer shall cease
to be an owner.
ARTICLE VI
NOTICES
Whenever, under the provisions of the Declaration or of these
Bylaws, notice is required or permitted to be given to the Board,
any director, member, Declarant, or owner, it shall not be
construed to mean personal notice. Such notice shall be in writing
and either delivered personally or mailed. Any notices given by
mail shall be deemed effectively and sufficiently given when
deposited in a United states Post Office or Letter Box in a postage
paid sealed envelope, addressed to the Board, such Director, or
owner at such address as appears on the books of the Association.
Whenever any notice is required to be given under the
provisions of the Declaration, or of these Bylaws, a waiver
thereof, in writing, signed by the person or persons entitled to
such notice, whether before or after the time stated therein, shall
be deemed the equivalent thereof.
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ARTICLE VII
ARCHITECTURAL REVIEW COMMITTEE
Section 1 - Composition. The Executive Board of the
Association shall be the members of the Committee.
section 2 - Vacancies. Appointments to fill vacancies of
unexpired terms to the Committee shall be made by the Board, and
the individual selected shall complete the unexpired term if any
vacancy is created.
Section 3 - Duties. The Architectural Review Committee shall
regulate the external design, appearance and location of the
properties and improvements thereon in such a manner to comply with
the provisions of Article IX described in the provisions for
architectural control in the Declaration of Covenants, Conditions
and Restrictions of The Meadow Brook Farm Community Association.
Section 4 - Construction Period Exception. During the period
of initial construction of living units, 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 Article IX of the Declaration of Covenants to arrive at its
decision.
ARTICLE VIII
RULES AND REGULATIONS AND ENFORCEMENT
Reasonable uniform rules and regulations governing the use of
the Common Area and the conduct of persons entitled to use such
property may be adopted and amended from time to time by the Board.
All owners shall obey the rules and regulations as promulgated by
the Board.
The violation of any of the rules and regulations adopted by
the Executive Board or the breach of any provision of the documents
shall give the Executive Board the right, after notice and hearing,
except in the case of emergency, in addition to any other rights
set forth in these Bylaws:
(a) To enter the lot in which, or as to which, the
violation or breach exists and to summarily abate and remove,
at the expense of the defaulting owner, any structure, thing
or condition (except for additions or alterations of a
permanent nature that may exist in the living unit) that is
existing and creating a danger to the common elements contrary
to the intent and meaning of the provisions of the documents.
The Executive Board shall not be liable for any manner of
trespass by this action; or
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s51.6 (
(b) To enjoin, abate or remedy by appropriate legal
proceedings, either at law or in equity, the continuance of
any breach.
ARTICLE IX
MORTGAGEES
Section 1 - Notice to Association. An owner who mortgages his
lot or the mortgagee shall notify the Association of the name and
address of the mortgagee and shall file a conformed copy of the
mortgage with the Association. The Association shall maintain such
information in a book entitled "Mortgagees of Lots" .
Section 2 - _Notice of Default. The Association shall give
notice to an owner of a default in payment of assessments of Common
Area expenses or other default imposed by the terms and conditions
of the Declaration, the Articles of Incorporation or Bylaws of the
_ corporation, and if such default is not cured within sixty (60)
days, the Association shall send a copy of such notice to each
holder of a mortgage covering such lot if the name and address of
such mortgagee has been previously furnished to the Association as
provided in Section 1 of this Article.
ARTICLE X
AMENDMENT
Amendments to these Bylaws may be adopted at a regular or
special meeting of the members of the Association upon receiving
the vote of -66% of the membership of the Association who are
present at the meeting or who have provided proxies to be voted
upon the proposed amendment; provided, that no amendments shall be
adopted which would render these Bylaws inconsistent with the
teclaration.
ARTICLE XI
NOTICE AND HEARING PROCEDURES
Section 1 - The Meadow Brook Farm Community Association
Enforcement Rights. In the event of an alleged violation by a
member or a related user of a member ("Respondent") of the
Declaration, these -Bylaws or the Rules and Regulations of the
Association, the Executive Board shall have the right, upon an
affirmative vote of a majority of the Executive Board, to take any
one or more of the actions and to pursue one or more of the
remedies permitted under the provisions of the Declaration, these
Bylaws, or the Rules and Regulations of the Association. If, under
the provisions of the Declaration, these Bylaws, or such Rules and
Regulations, notice and hearing is required prior to taking action
or pursuing remedies, the following provisions of Article XI of
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these Bylaws shall be applicable. The failure of the Executive
Board to enforce the Rules and Regulations of the Association,
these Bylaws or the Declaration shall not constitute a waiver of
the right to enforce the same thereafter. The remedies set forth
and provided in the Declaration, the Rules and Regulations of the
Association or these Bylaws shall be cumulative and none shall be
exclusive. However, any individual member must exhaust all
available internal remedies of the Association prescribed by these
Bylaws and the Rules and Regulations of the Association before that
member may resort to a court of law for relief with respect to any
alleged violation by another member of the Declaration, these
Bylaws or the Rules and Regulations of the Association, provided
that the foregoing limitation pertaining to exhausting
administrative remedies shall not apply to the Board or to any
member where the complaint alleges nonpayment of common
assessments, special assessments, supplemental assessments or
reimbursement assessments.
Section 2 - Written Complaint. A hearing to determine whether
enforcement action under the Declaration, the Rules and Regulations
of the Association or these Bylaws should be taken and shall be
initiated by the filing with the President or the Executive Board
of the Association of a written Complaint by any member of the
Association, any officer, any member of the Executive Board or any
employee or agent of the Association. The Complaint shall contain
a written statement of charges which shall set forth in ordinary
and concise language the acts or omissions with which the
Respondent is charged and a reference to the specific provisions of
the Declaration, these Bylaws or the Rules or Regulations of the
Association which the Respondent is alleged to have violated. If
the charges relate to a related user of a member, both the related
user and the member shall be considered as Respondents.
Section 3 - Notice of Complaint and Notice of Defense. A copy
of the complaint shall be served on each Respondent in accordance
with the notice provisions set forth in the Declaration, together
with a statement which shall be substantially in the following
form:
Unless a written request for a hearing signed by or
on behalf of a person named as Respondent in the
accompanying Complaint is delivered or mailed to the
Executive Board within fifteen (15) days after the
Complaint is served upon you, the Executive Board may
proceed upon the Complaint without a hearing, and you
will have thus waived your right to a hearing. The
request for a hearing may be made by delivering or
mailing the enclosed form entitled "Notice of Defense" to
the Executive Board at the following address:
•
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You may. but need not. be represented by counsel at
any or all stages of these proceedings. If you desire
the names and addresses of witnesses or an opportunity to
inspect any relevant writings or items on file in
connection with this matter in the possession, custody or
control of the Executive Board, you may contact,
A Respondent shall be entitled to a hearing on the merits of
the matter if the Notice of Defense is timely filed with the
Executive Board. A Respondent may file a separate statement by way
-of mitigation, even if he does not file a Notice of Defense.
Section 4 - Tribunal. The President shall appoint a Hearing
Committee ("Tribunal") of three natural persons upon receipt of a
written Complaint. In appointing the members of the Tribunal, the
President should make a good faith effort to avoid appointing next
door neighbors of the Respondent or any members of the Association
who are essential witnesses to the alleged violation giving rise to
the Complaint. The decision of the President shall be final,
except that each Respondent may challenge any member of the
Tribunal for cause, where a fair and impartial hearing cannot be
afforded, at any time prior to the taking of evidence at the
tearing. In the event of such a challenge, the Executive Board
shall meet to determine the sufficiency of the challenge. If such
a challenge is sustained, the President shall appoint another
member to replace the challenged member of the Tribunal. All
decisions of the Executive Board in this regard shall be final.
The Tribunal shall elect a Chairman and appoint a hearing officer
who shall take evidence and ensure that a proper record of all
proceedings is maintained.
Section 5 - Notice of Hearing. The Tribunal shall serve a
Notice of Hearing, as provided herein, on all parties at least 10
days prior to the hearing if such hearing is requested by a
Respondent. The hearing shall be held no sooner than 30 days after
the Complaint is mailed or delivered to each Respondent. The
Notice of Hearing to each Respondent shall be substantially in the
following form but may include other information:
You are hereby notified that a hearing will be held
before a Tribunal appointed by the President of the
Association at
on the day of , 19_, at the hour of
.m. , upon the charges made in the Complaint
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ail SO I J
-served upon you. You may be present at the hearing, may
but need not be represented by counsel, may present any
relevant evidence, and will be given full opportunity to
cross examine all witnesses testifying against you. You
are entitled to seek the attendance of witnesses and to
compel the production of books, documents or other items
in the possession of the Association by applying to the
Executive Board of the Association.
Section 6 - Hearing.
(a) Oral evidence shall be taken only on oath or
affirmation administered by a member of the Tribunal. The use
of affidavits and written questions and responses in lieu of
oral testimony shall be encouraged by the Tribunal.
(b) Each party shall have these rights: to call and
examine witnesses; to introduce exhibits; to cross examine
witnesses on any matter relevant to the issues; to impeach any
witness; and to rebut the evidence against such party. If
Respondent does not testify on his/her own behalf, he/she may
be called and examined as if under cross examination.
(c) The hearing need not be conducted according to
technical rules relating to evidence and witnesses. Any
relevant evidence shall be admitted if it is the sort of
evidence on which responsible persons are accustomed to rely
in the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make improper
the admission of such evidence over objection in civil action.
-Hearsay evidence may be used for the purpose of supplementing
or explaining other evidence, but shall not be sufficient in
itself to support a finding unless it would be admissible over
objection in civil actions. The rules of privilege shall be
-effective to the extent that they are otherwise required by
statute to be recognized at the hearing, and irrelevant and
unduly repetitive evidence shall be excluded.
(d) Neither the person filing the Complaint nor the
Respondent must be in attendance at the hearing. The hearing
shall be open to attendance by any members of the Association
to the extent of the permissible capacity of the hearing room.
(e) In rendering a decision, official notice may be
taken at any time of any provision of the Declaration, these
Bylaws, the Rules and Regulations of the Association or any
generally understood matter within the working of the
Association. Persons present at the hearing shall be informed
of the matters to be noticed by the Tribunal, and these
matters shall be made a part of the record of proceedings.
15
951675
(f) The Tribunal may grant continuances on a showing of
good cause.
(g) Whenever the -Tribunal has commenced to hear the
matter and a member of the Tribunal is forced to withdraw
prior to a final determination by the Tribunal, the remaining
members shall continue to hear the case and the hearing
officer shall replace the withdrawing member.
Section 7 - Decision. If a Respondent fails to file a Notice
of Defense as provided in Section 3 of these Bylaws or fails to
appear at a hearing, the Tribunal may take action based upon the
evidence presented to it without further notice to the Respondent.
However, the -Respondent may make any showing by way of mitigation.
The Tribunal will prepare written findings of fact and
recommendations for consideration by the Executive Board within
seven (7) days -of the hearing. The Tribunal shall make its
determination only in accordance with these Bylaws. After all
testimony and documentary evidence has been presented by the
Tribunal, the Tribunal may vote by secret written ballot upon the
matter, with a majority of the entire Tribunal controlling. A copy
of the findings and recommendations of the Tribunal shall be served
by the President on each person directly involved in the matter and
his/her attorney, if any, in accordance with the notice provisions
set forth in the Declaration. Disciplinary action, levy of an
assessment, fine or other action or remedies which require notice
and hearing under the Declaration, these Bylaws or Rules and the
Regulations of the Association shall be imposed only by the
Executive Board of the Association and in accordance with the
findings and recommendations of the Tribunal . The Executive Board
may adopt the recommendations of the Tribunal in their entirety or
the Executive Board may reduce the proposed penalty and adopt the
balance of the recommendations. The decision of the Executive
Board shall be in writing and shall be served and may be posted in
the same manner as the findings and recommendations of the
-Tribunal. The decision of the Executive Board shall become
effective ten (10) days after it is served upon each Respondent,
unless otherwise ordered in writing by the Executive Board. The
Executive Board may order a reconsideration at any time within 15
days following a service of its decision on the involved persons on
its own motion or on petition by any party. However, no action
against a Respondent arising from the alleged violation shall take
effect prior to the expiration of the later of (a) 15 days after
each Respondent's receipt of the Notice of Hearing; or (b) five
days after the hearing required herein.
16
951675
ARTICLE XII
RECORDS
Section 1 - Records and audits. -The Association shall
maintain financial records. -The cost of any audit shall be a
Common Expense unless otherwise provided in the Documents:
Section 2 - Examination. All records maintained by the
association or the Manager shall be available for Examination and
copying by any Owner, any holder of a Security Interest in a Lot or
its insurer or grantor, or by any of their duly authorized agents
or attorneys, at the expense of the person examining the records,
during normal business hours and after reasonable notice.
Section 3 - Records. The Association shall keep the following
records:
(a) An account for each Lot, which shall designate the
name and address of each Owner, the name and address of each
mortgagee who has given notice to the Association that it
holds a mortgage on the tot, the amount of each Common Expense
assessment, the dates on which each assessment comes due, the
amounts paid on the account and the balance due;
(b) An account for each Owner showing any other fees
payable by the Owner;
(c) A record of any capital expenditures in Excess of
Three Thousand and no/100 Dollars ($3 ,000. 00) approved by the
Executive Board for the current and next two succeeding fiscal
years;
(d) A record of the amount and an accurate account of
the current balance of any reserves for capital expenditures,
replacement and emergency repairs, together with the amount of
those portions of reserves designated by the Association for
a specific project;
(e) The most recent regularly prepared balance sheet and
income and expense statement, if any, of the Association;
(f) The -current operating budget adopted by the
-Executive Board;
(g) -A record of any unsatisfied judgments against the
Association and the existence of any pending suits in which
the Association is a defendant;
(h) A record of insurance coverage provided for the
benefit of Owners and the Association;
17
951675
(i) A record of any alterations or improvements to Lots
or limited Common Elements which violate any provisions of the
Declaration of which the Executive Board has knowledge;
(j ) A record of any violations with respect to any
portion of the Common Interest Community of the City of
Greeley health, safety, fire or building codes or laws,
ordinances or regulations of which the Executive Board has
knowledge;
(Ic) A record of the actual cost; irrespective of
discounts and allowances, of the maintenance of the Common
Elements;
(1) Balance sheets and other records required by state
corporate law;
Cm) -Tax returns for state and federal income taxation;
(n) -Minutes of proceedings of incorporators, Owners,
Directors, committees of Directors and waiver of notice; and
(o) A copy of the most current versions of the
Declaration, Bylaws, -Rules -and resolutions of the Executive
Board, along with any exhibits and schedules.
ARTICLE XIII
MISCELLANEOUS
Section 1 - Severability. Should any of the covenants, terms
or provisions herein imposed be void or be or become unenforceable
at law or in -equity, the remaining provisions of these -Bylaws
shall, nevertheless, be and remain in full force and effect.
Section 2 - Construction. Wherever the masculine singular
form of the pronoun is used in these Bylaws, it shall be construed
to mean the masculine, feminine, or neuter, singular or plural,
wherever the context so requires.
Section 3 - Rules of Procedure. The Rules of Parliamentary
Procedure as set forth in Roberts' "Parliament-ary Law" shall
prevail at all meetings of members or directors of the Association.
Section 4 - Interpretations. In the event that any question
arises with respect to the construction of any of the provisions of
the -Bylaws or the Rules and Regulations of the Association, the
decision of the Board with respect thereto shall be final and
binding upon the Association and the owners.
18
95-1675
Section 5 - Reserves. As a part of the adoption of the
regular budget, the Executive Board shall include an amount which,
in its seasonable business judgment, will establish and maintain an
adequate reserve fund for the replacement of improvements to the
Common -Elements and those Limited Common Elements that it is
obligated to maintain, based upon the _project's age, remaining life
and the quantity and replacement cost of major Common Element
improvements.
THESE BYLAWS WERE ADOPTED -BY THE EXECUTIVE BOARD OF THE MEADOW
BROOK FARM COMMUNITY ASSOCIATION ON THE DAY OF
1995.
JEFF PERRYMAN
TOM FRANK
HARRY FRANK
19
951.675
}�8;r�Z� `��«
STATE OF COt^`��0
CERl[UFAC EGFTAXESDILIE
4-4
COUNTYOFWELD JKS. S.
1, the undersigned, County Treasurer insand for said County,-do hereby:certify that there are no unpaid taxes, or unredeemed tax sales, as
appears of record in the office, on the following described property,to-wit:
p|' 'n.
� ;L 1�O4786 22541 M�1 8 5 67 (4�2C��
JAms 62O957O3OOOO21 R
F��ANK FAMILY A���E�SHIP
vEwDPn
40. |`![�| OHENMI| U]]�����
:XGeFIT—
k1994 TAXES $1 .397.44
1OKT�[�X CO uATE�, CO|`!3El ;AMCY 1994 TAX�S �`AI� $l5O.00
�62O957OGOOOO21 WOO)
�[)KTHERN CO WATER CDNSEF! KES PAI� �11?"OO
}957O8OOOO21 WO� )
TOTAL A!1O��NT D�E �G� T�IC PA�C�L I� $O.00
TAX A�{7��O�ITY LEYY TAX TAX AUTHORITY LEVY TAX
WELD �O��TY 22. O38 4O4. 18 3CXOCL DIST RE4 44.35O J13. 3i
NCW WATER l ^OOO 18.3� �INDSOR SEY FIR l . 597 29.29
AI�|C Ji��IOR COL �. 15� 112. 7� �I�DSOR Ll�RARY 1 ^O�1 19.�6
This-does not Include land-or Improvements assessedunless-specifically requested. Informationspecial taxing
districts and tho1mundad*sof such districts may hnvn file o,d0000|t with the Board v,County Commissioners,thoonunty Clerk and
Recorder,vr the County Assessor.
4xs,�
ARTH L. WILLIS H ���������� ^
�u��� * ��
1994 T111ES F. ID rn ^cLnCovwT«
By A l
DEPUTY `J
1/00 3 1
" 1
K O�tl542 B 1088 0202II542 10/15/85 12: 2 $9 .00 �._
F 0141 -,RY ANN FEUERSTEIN CLERK & Rc.CORDER WELD CO, _CO
EXHIBIT "M"
RIGHT-OF-WAY GRANT
KNOW ALL MEN BY THESE PRESENTS, that Eric F. Aas and Hei /Aas
of the Post Office of pC in the State of Colorado
hereinafter referred to as ' r'G anior" (whether one or-more) , in consider-
ation of Tan Dollars ($10.00) and other good and valuable consideration,
to Grantor in hand paid, receipt of which is hereby acknowledged, hereby
grant and -convey Junto -PANHANDLE EASTERN PIPE LINE COMPANY, a Delaware
Corporation, having an office at 635 North 7th Ave. , Brighton, Colorado
80601 its successors and assigns, hereafter referred to as "Grantee," a
Right-of-Way to lay, -construct, maintain, lower, repair, replace, re-
loc-ate, -change the sue of, operate, and remove a pipe line together with
the rights for drips, pipe lime markers, valves, launchers, receivers,
cathodic equipment, test leads, and all appurtenances convenient for the
maintenance and operation of said line and for the transportation of oil ,
gas or other -substances therein, under, on, over and through the premises
hereinafter de-scribed, and -the Grantee is granted the right of ingress
and egress, to, on, from and over the following described premises for
the purposes aforementioned in the County of Weld in the State
of Colorado, to wit:
A tract of land situated in the Northeast Quarter of Section 8,
Township 5 North, Range 67 West of the 6th -P.M. , -Weld County,
Colorado, being more particularly described as a strip of land 50
feet in width, the centerline ofwhich is -described as follows:
Beginning at a paint on the West time of said Northeast Quarter of
Section 8, said point being South 00 Degrees 00 Minutes 00 Seconds
East 422.20 feet from the Northwest Corner of said Northeast Quarter
thereof, and running thence South 60 Degrees 18 Minutes 30 Seconds
East for a distance -of 649.5 feet; thence South 43 _Degrees 09
Minutes 54 Seconds East for -a siistc.-ace of 155.4 feet; thence South
54 Degrees 23 Minutes 45 Seconds last -for a distance of 75 feet to
the center line of Great Western Railroad and the point of
termination, said point I—ing South _00 Degrees 00 Minutes 00 Seconds
East 922.81 feet -along said West line of the Northeast -Quarter and
South 90 Degrees 00 Minutes 00 Seconds Fast 752.-03 feet from said
Northwest Corner of the Northeast Quarter thereof.
TO HAVE AND TO HOLD salsa -easements, rights, and Right-in--Way onto -the
said PANHANDLE EASTERN PIPE LINE -COMPANY, its successors and assigns.
All pipe installed hereunder shall he buried -a minimum of forty-two (42" )
inches. Grantor shall not construct or place anything over or so close
to any pipe line or other facility of _Grantea as will be likely to inter-
fere with Grantee' s surveillance of or across thereto by use of equipment
or means customarily employed in the surveillance of or maintenance of
said pipe line nor intentionally cause the original cover over said pipe
line to he reduced below whichever is the greater of a minimum cover of
thirty (30") inches or below the minimum cover required at any time by
any applicable pipe line safety code. All damage to growing crops,
drainage tile and fences of Grantor occasioned by the construction or
repair of any of the facilities herein authorized to ba maintained and
operated by Grantee shall be paid by Grantee after the damage is done.
The Riglrt-of-Way granted herein shall by fi fty (50' ) feet i n width.
B 1088 REc J2028542 10/15/85 12: 26 $9. 00 2/003
F 0142 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
This Grant shall be binding upon the heirs, executors, administrators,
successors, and assigns of the parties hereto, and all rights herein
granted, or any of them separately, may be released or assigned in whole
or in part. It is understood that this Grant cannot be changed in any
way except in writing, signed by the Grantor and 'duly authorized agent of
the Grantee.
IN WITNESS WHEREOF, the Grantors h ve hereunto set -their hands and seals
this / day of /Ur, , A.D. , 1985.
p/e F t
��ric��•
F. as
Mei`di Ann Aa\ 0,as
ACKNOWLEDGEMENT
STATE OF COOL�LORADO
r,', .2. // .. . . ) S s.
a <<`131/`P''fhe fore_going instrument was acknowledged before me this / - day of
{fc% (� \c 1985, -bY C'uv 4' St,dad /"42:6--
rrf� a Ate./
i72.491
C _......c...-
4 S Iti 9 f,c'
0gi44.l m, ed. cf&J&/
ress
My Commission Expires: 7--7 f9
951675
542
85
6
F 0143 MARYOANNBFEUERSTEIN/CLERKZ&zRECORDER WELD CO, CO
LINE # 14-10-075-1422-4"
From: Eric F. and Heidi Ann Aas
Return to: PANHANDLE EASTERN PIPE LINE COMPANY
P. 0. Box 127
Brighton, Colorado 80601
STATE OF COLORADO )
COUNTY OF ) ss.
This instrument was filed for record on the
day of
1985, at o'clock a.m. , and duly recorded in Book
page of the records of this office.
0492R/gw
951675
THIS
Revteed tae7 COLORADDO LRT AND NE D° -VEYD MONNLY DUMENN FDRECORD -
REPRODUCTION OF I HIS FORM IS AUTHORIZED. (Except)*
.. All items to be filled in by the Land Surveyor using permanent black lettering and lines which❑can benepe repromarduced
tgSection Corner
1. TYPE MONUMENT , 0 Quarter Corner 0
Other---
(Check one)
2. DESCRIPTION OF MONUMENT FOUND. • ,.
Found Intermill aluminum'cap dated 1993. • LS#f 12,374.
•
3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF
THIS POINT. •
ORIES
AND REFERENCE
4 SK POINTS STAOTIINO WHETHER FOUND OR-SET.SHOW SUPPORT OS AND/OR CONTRADICTORY
EVIDENCE WHERE APPLICABLE.
NAIL 8 BOTTLE CAP
PAW : a /N POWER POLE
M
hC? •
i
•
NAIL 8 BOTTLE CAP • J -.
IN 10"COR. POST ,S W
• R
•
0 .. .•
FOUND INTERMILL ALUM. CAP NTS
DATED 1993 LS 12374
Date of Field Work June 2, 1994
5. CERTIFICATION
To Is is to crtify the besteof that I was in responsible chage of the
the informationr
rpresented herein Is work
and correct in this record and that
Signatu
\� Firm e. Nelson En inners
8, 1994
Phone:
303 35 —63 NY
Date July ... aQH L'N-•��'•.
B. LiegirlON-DIAGRAM
tel
P'OceuRE0 ts0 i
I"_ I Mile 2�
•(Do not fill in) v •s
w 6
•
Accepted for Filing nu --"" i — 2683 t e 11
^I State Board of Registration for Professional N g c e jL�I IEngineers and Land Surveyors +d, aei +° O e`0..E°P/our eop PP.e f 1
. MUDate Surveyor's•Seal
- RECEIVED AT OFFICE OF THE COUNTY CLERK; + _ Location of
COUNTY Monument
R P.
By 7, SEC. T
• COUNTY_----INDEX REF.NO.
Date Record to be filed by Index Reference Number,
firh p
SEC. , T. Pr�5'/—
Weld INDEX REF.NO. —` _
• numerically, then alphabetically,,under appro. 8' COUNTY______—_
_Weld
priate Township, Range, and Meridian.
D.Datlmenl al P.yulolory Agencies
DfloPrsSIONAY CNOINLfflS AND PPOFe441UrvnL LAND SURVEYORS BOARD, 951675
600D 3lel. B.r vino Building, IS43.SA.r man Sir.vl. D.nves, Oeleredo 60203
tevlsad 1987 COLORADO LAND : EY MONUMENT RECORD.
REPORT ONE MONL'mcNT ONLY ON THIS FORM
REPRODUCTION OF THIS FORM IS AUTHORIZED. (Except)*
All items to be filled in by the Land Surveyor using permanent black lettering and lines which canbe reproduced.
Section Corner l.J Deitch mark
TYPE(CheckOF MONUMENT , ��tI Other-.----'--
one) Y�I Quarter Corner
2. DESCRIPTION OF MONUMENT FOUND.
Found #4 rebar.
3, DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF
THIS POINT.
Set #6 rebar 30" long-with 3 1/4" aluminum cap LS# 2683
•
•
4 SKETCH RELATIVEOF MONUMENT ACCESSORIES AND REFEFtENC-E
POINTS TAOT NG WHETHER FOUNDTION OR SET.SHOW SUPPORTING AND/OR CONTRADICTORY
EVIDENCE WHERE APPLICABLE. .
--- - CR1E=
%tM
SET N BBC IN
FEN. POST(TYPI shy
;?• \ NAILS CAP
IN POST
.\-. .. . . .. •
WCR 60
NTS
Date of Field Work
June 2, 1994
5. CERTIFICATION
This is to certify.that I was
In
ntre responsible
arge of the surveying
urheveyiein le work
rue describede In this record and that
n
to the best of my g
SI
Pirm Na e: elaon En Sneers
•
Phone: 30 6—
Jul 8 1994
Date '
---- - -.-" . " 6. LOCATION DIAGRAM 414 C. Ne•�
(Do not fill in) I„r I Mlle fo4i osiERED�y; .
Accepted for Filing s r
e
al 68 `e
•
State Board of Registration for Professional N 2 3 R I
> Engineers and Land Surveyors: us `a 'b �Qe O Fe •
sii.. ylr fe!/Neu Nee P4 /!
BYw-OP OOti.•
Date t2•r' e
/
Surveyor's Seal
RECEIVED AT OFFICE OF THE COUNTY CLERK; e - Location of
COUNTY Monument
By 7. SEC. 81—, T SN , R —.§-21-4 , --P.M.
Date COUNTY
Weld 1NDEXREF.NO. Y-V
numerically,
toal be filed 1p Index Reference nce Number, SEC._.--' T
R P.M.
numerically, then Range,
and Me, undera appro-. 8,
COUNTY INDEX REF.NO..----
priete Township, Range, and Meridian. S
p•partm•pi of fl•pulomry Agencies •
951675
PROFESSIONAL CNOINRCRS AND PROFESSIONAL. LAND BOARD - - -.
Hello