The URL can be used to link to this page

Browse Search

Home My WebLink About20182053.tiffRECEIVED JUN 2 7 2018 WICK & TRAUTWEIN, LLC WELD COUNTY COMMISSIONERS CAMERON N. BANNINGA ANDREW W. CALLAHAN** KATHRYN S. LONOWSKI ROBERT]. PENNY* MICHAEL J. PETERSON MICHAEL S. SAMELSON* KIMBERLY B. SCHUTT BLAIR J. TRAUTWEIN* KEVIN W. WARD JOSHUA K. WESTMORELAND ROBIN L. WICK *ALSO ADMITTED IN WYOMING **ADMITTED IN IL, MO, TX. Pndirc temporarily authorized in Colorado pending admission under C.R.C.P. 205.6 VIA HAND DELIVERY: Weld County Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80631 ATTORNEYS AT LAW — EST. 1972 Mailing Address: P.O. BOX 2166 FORT COLLINS, COLORADO 80522 (970) 482-4011 FAX (970) 482-8929 WWW.WICKLAW.COM W. WICKLAW.COM Wednesday, June 27, 2018 # 3 CLOCK TOWER SQUARE 323 SOUTH COLLEGE AVENUE FORT COLLINS, COLORADO 80524 421 MAIN STREET, SUITE 2 WINDSOR, COLORADO 80550 (970) 686-6005 513 BIG THOMPSON AVENUE LOWER STANLEY VILLAGE ESTES PARK, CO 80517 (970) 586-3505 Re: Termination and Dissolution of Antelope Estates Cluster PUD PF-604 and Antelope Estates Homeowner's Association Board of County Commissioners: Our firm represents Antelope Estates Homeowner's Association ("HOA"). The board of directors for the HOA has voted to terminate its Declaration of Protective Covenants and dissolve the HOA. Pursuant to C.R.S. § 38-33.3-218, and on behalf of our client, we submit the attached documentation for the dissolution and termination of Antelope Estates Cluster PUD PF-604. The attached documentation includes copies of the following: (1) Declaration of Protective Covenants for Antelope Estates, recorded at Reception Number 3354747; (2) Resolution For Amendment of Declaration of Protective Covenants for Antelope Estates; (3) Road Maintenance Agreement; and (4) Resolution For Termination of Declaration of Protective Covenants for Antelope Estates and for the Dissolution of Antelope Estates Homeowner's Association ("Termination Agreement"). The resolutions and Road Maintenance Agreement have been submitted to the Weld County Clerk & Recorder for filing this day. Cam,.-`.,w.u.tedtir.yy 2018-2053 O7-o4-ig You may direct any questions or concerns to my attention at the address and contact information above. Thank you for your time and consideration. Sincerely, WICK & TRAUTWEIN, LLC Kevin William Ward, Esq. RECEIVED JUN 2 7 2018 WELD COUNTY COMMISSIONERS Weld County Clerk to the Board's Office Incoming Documents Document Title: Pit v PF-6d fL Received From: Received By: Date Received: Delivered To: 111111 1111111111111111111 111111 l 111111111 1111 747 3354747 01/13/2006 02:34P Weld County, CO 1 of 12 R 61.00 D 0.00 Steve Moreno Clerk Recorder DECLARATION OF PROTECTIVE COVENANTS FOR ANTELOPE ESTATES THIS DECLARATION, made this 11"' day of iJerodittkA. 2005, by the undersigned, Darrel Adolf and Delmer Ziegler, ( hereinafter known as the Developers) WITNESSETH: WHEREAS, the Developers desire to create a rural residential community (the "Community") which shall be developed as a common interest community within the meaning of the Colorado Common Interest Ownership Act (the "Act") as set forth in Section 38-33.1-101 et seq., C.R.S. The planned Community will consist of six (6) residential lots and 1 agricultural outlot, and, common elements associated therewith. With respect thereto, these Declarations shall (a) provide for the preservation of the values and amenities in said Community, (b) provide for the maintenance of the Antelope Estates Road, and (c) subject the property comprising the subdivision to the covenants, restrictions and other provisions hereinafter set forth, all of which is for the benefit of said property and the owners thereof; and WHEREAS, the Developers deem it desirable, for the preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining Antelope Estates Road, administering and enforcing these covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, the Developers have formed the Antelope Estates Homeowners Association, a non-profit corporation, for the purpose of exercising the functions aforesaid; NOW THEREFORE, the Developers hereby declare that the real property described below, as shown and depicted upon the Plat of Antelope Estates filed contemporaneously herewith, is and shall be held, transferred, sold, conveyed, encumbered and occupied subject to the terms, covenants, restrictions, conditions, limitation, uses, easements, assessments, charges and liens Hereinafter set forth, all of which shall constitute covenants to run with all of the land and shall accrue to and be binding upon the Developers, their heirs, personal representatives, successors and assigns. 1. DEFINITIONS The following words when used in this Declaration shall have the following meanings: (a) "Association" shall mean and refer to the Antelope Estates Homeowner's Association. (b) "Board of Directors" shall mean and refer to the Board of Directors of the Association. Only individuals who possess current Class A or B membership in the 1 DECLARATION OF PROTEC final.doc 111111I 1111111111111111111111111111111111111111 11111111 3354747 01/13/2006 02:34P Weld County, CO 2 of 12 R 61.00 0 0.00 Steve Moreno Clerk & Recorder Association may serve on the Board of Directors. (c) "Common Elements" shall mean and include all parts of the Property, grounds, improvements, installations and facilities which are not included within a lot and any Living Unit thereon. (d) "Living Unit" shall mean and refer to any portion of a building located upon a lot designated and intended for use and occupancy as a single family residence. (e) "Lot" shall mean and refer to any plot or parcel of land shown upon the recorded Plat of Antelope Estates designated by lot numbers one (1) through (6) allowing for E (Estate) Zone uses. (f) "Outlot A" shall mean that plot or parcel of land which has been restricted only to uses allowed in the A (Agricultural) Zone District. (g) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot, not including, however, the holder of a security interest in the property unless and until such holder has acquired fee simple title pursuant to foreclosure or any proceeding in lieu of foreclosure; provided, however, that the purchaser of a lot under a recorded contract providing for a specific performance shall be deemed to be the owner thereof. (h) 'Quorum' shall mean at least 2/3 vote (i) "Roads" shall mean the common access road easements described on the Plat, specifically Antelope Road, and including such improvements as underlying utilities, culverts, guardrails, and the like, as shown on the Plat and which provides general access to Antelope Estates. (i) 'Subdivision' shall mean and refer to the real property initially submitted to this Declaration located in the County of Weld, State of Colorado, otherwise known as Antelope Estates and described, as follows: LOT C OF RECORDED EXEMPTION #2940; BEING PART OF THE NE'/. OF SECTION 29, TOWNSHIP 9 NORTH, RANGE 67 WEST OF THE 6T" P.M. WELD COUNTY, COLORADO 2. MEMBERSHIP IN ASSOCIATION AND GOVERNING BOARD (a) Board of Directors. This Association shall be governed by a Board of Directors. Each lot shall be represented on the Board by its owner. If a lot is owned by more than one individual, the owners shall select one of its owners to serve on the Board. The Association shall be on a calendar year and its annual meeting shall 2 DECLARATION OF PROTEC final.doc 1111111 IIII 11111111111 Iltl 1111111 11111 III 11111 Ipl IIII 3354747 01/13/2006 02:34P Weld County, CO 3 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder be in the first quarter of each year. Votes of each Board member shall be in accordance with Sections 'b' and 'c' of this article. (b) Class A members shall be all owners with the exception of the Developers. Each Class A member shall be entitled to one vote for each lot in which they hold interest. When more than one person or entity holds such interest or interest in any lot, all of such persons or entities shall be members, except that there shall be only one vote allowed for such lot, which shall be exercised as such owners may among themselves determine. The owners of Lot 2 shall have no vote on any matter which relates to Antelope Estates Road for which they cannot be assessed (c) Class B members shall be the Developers and such of their assigns and successors as they may designate. Class B members shall be entitled to three (3) votes for each lot in which they hold the record interest, provided that Class B membership shall cease and become converted to Class A membership on the happening of any of the following events, whichever first occurs: a. When the total votes outstanding in Class A membership equals the total votes in Class B membership; or b. Three years after the date of this Declaration 3. ASSESSMENTS (a) Establishment - The Developers and each other owner of a lot, whether or not It shall be so expressed in any deed or other instrument of conveyance, shall be deemed to covenant and agree to pay to the Association (1) annual assessments for the maintenance for Antelope Road and for other expenses which may be incurred by the Association, and (2) special assessments for capital improvements as hereinafter provided. All assessments shall be made pro rata between the owners and the Developers to the end of that each owner of property in the Subdivision shall be obligated for that proportionate share of the total assessment that the number of lots owned by him bears to the total number of lots in the Subdivision, provided that the amount of each annual assessment due from the owner of a lot upon which no lot has been constructed shall be only one half of the amount assessed against the owners of lots with living units constructed thereon and provided further that no part of the assessment, regular or special, which provides for the maintenance, repair, improvement or upkeep of Antelope Estates Road shall be assessed or charged to Lot 2 (b) Annual Assessments -The amount of annual assessments shall be as determined from time to time by the Board of Directors, and shall be based upon actual and estimated expenses incurred and to be incurred for the purposes set forth above. All assessments shall be payable in advance and shall be due on such dates as the Board may determine. 3 DECLARATION OF PROTEC final.doc 1111111 11111 1101 111111 liii 1111111 111uium nuai 3354747 01/13/2006 02:34P Weld County, CO 4 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder (c) Special Assessments- In addition to the annual assessments authorized by Paragraph 3(b) above, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement, paving, or other type of improvement in or upon Antelope Estates Road (the only road) in the Subdivision, provided that any such assessments shall have the assent of two thirds of the votes of the members who vote in person or by proxy at a meeting duly called for this purpose, written notice of which, setting forth the purpose of the meeting, shall be sent to all members least 30 days in advance thereof. The due date or dates of any special assessment shall be fixed in the resolution authorizing such assessment. (d) Notice -The Board of Directors shall prepare and deliver or mail to each owner an itemized annual statement showing the various estimated or actual expenses for which the assessments are made. The Board shall also give written notice to each owner of any change in assessment amounts. (e) No exemption from Liability - The owners of Lots may not exempt themselves for payment of assessments due from them. (f) Lien for Assessments - All assessments, together with interest thereon and costs of collection, shall be a charge on the land and a continuing lien upon the lot against which the assessment is made and shall also be the personal obligation of the person or persons who own the lot when the assessments setting forth the amount of the delinquency, the identity of the lot owner, and a description of the lot signed by the President and Secretary of the Association may the sent to the owner at his last known address and recorded with the Clerk and Recorder of Weld County, Colorado, after which the lien shall be enforceable at law or in equity, with an award of reasonable attorney's fees incurred in the collection thereof. The holder of an encumbrance on a lot may pay any unpaid assessment payable with respect to such lot and upon such payment shall have a lien on such lot for the amount paid of the same rank as the lien of his encumbrance. (g) Determination of Unpaid Assessments - Upon payment of a reasonable fee not to exceed $10.00, and upon the written request of any owner, prospective owner, mortgagee or prospective mortgagee, the Board of Directors shall issue a written statement setting forth the amount of the unpaid assessments, if any, with respect to the subject lot, the amounts and due date of the current annual assessments and any special assessments and any credits due for advance payments or for prepaid items, which the statement shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. 4. ARCHITECTURAL CONTROL COMMITTEE (a) Membership - The Architectural Control Committee shall be composed of Darrel Adolf & Delmer Ziegler, and another person to be appointed by them. In the event of the resignation of any member of the Committee, the remaining person shall have 4 DECLARATION OF PROTEC final.doc 111111111111111111111111111111111111111 Iii llii] 1111111 3354747 01/13/2006 02:34P Weld County, Co 5 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder full authority to designate a successor. Neither the members of the Committee, nor such representatives as it may designate, shall be compensated for services performed in such capacity. At anytime after the Developers have sold all lots in the Subdivision, the Board of Directors shall have the power to change the membership of the Committee. (b) Approval - No building or other structure, including but not limited to, dwellings, sheds, garages, outbuildings, and fences shall be erected, placed, or altered on any lot, of the Property until the plans and specifications, along with a plot plan (submitted in duplicate) showing the location of the structure, have been approved by the Architectural Control Committee, which plans shall, among other things, show the type of exterior material and finish, exterior design, existing structures, if any, and location of the structure with respect to topography and finished grade. Should the Architectural Control Committee or its successors or assigns fail to approve disapprove the plans and specifications submitted to it by the Owner of a lot, tract, or parcel of the Property within thirty (30) days after the written request therefore, then such approval shall not be required and shall be deemed to have been given. However, no building or other structure shall be erected or allowed to remain on any lot, tract, or parcel of the Property which violates any of the covenants or restrictions contained herein. (c) No Liability - The members of the Architectural Control Committee shall not be liable for damages to anyone submitting plans and specifications for approval or to any owner by reason of any mistake in judgment, negligence or nonfeasance by them, their agents or employees arising out of or in connection with the approval or disapproval or failure to approve any such plans or specifications. 5. USES AND RESTRICTIONS (a) Land Use and Building Type - Except as otherwise provided herein, no building shall be erected, altered, placed, or permitted to remain on any lot, tract, or parcel of the Property other than single-family residential dwellings with attached or unattached garages; unattached pump houses; non-residential outbuildings and structures, such as barns, stables, or corrals for use specifically in connection with the care of livestock as permitted under these covenants, or the maintenance of equipment. (b) Dwelling Size -The ground floor area of the main structure, exclusive of one-story open porches and garages, shah not be less than 1,400 square feet for a one-story dwelling,1200 square feet for a dwelling of more than one-story not higher than forty (40) feet. (c) Building Location - No building shall be located on any lot closer than 55 feet from any lot line or any road easement abutting a lot. For the purposes of the covenant, eaves and steps shall not be considered as part of a building, provided 5 DECLARATION OF PROTEC final.doc iuui 11111 11111 13M iin limo iini iii uiii iiii III' 3354747 01/13/2006 02:34P Weld County, CO 6 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. (d) Easements - Easements for installation and maintenance of utilities are reserved as shown on the recorded Plat of the Subdivision. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with installation and maintenance of utilities. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. (e) Business - No retail, wholesale, manufacturing or repair business shall be permitted on any lot or in any living unit. (f) Nuisances - No noxious or offensive activity shall be carried upon on any lot, anything be done thereon which may or may become an annoyance or nuisance to the neighborhood. For purposes of this covenant, ungaraged, inoperative automobiles, or other equipment which remain on any lot, tract, or parcel of the Property for more than thirty (30) days shall be deemed to be a nuisance. Weeds on each lot must be controlled so as not to go to seed and spread or to grow tall enough to become an eyesore. (g) Temporary Structures -No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuildings shall be used on any lot at any time as either temporarily or permanently. (h) Signs - No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. One (1) identification sign identifying a subdivision or housing project, not exceeding thirty-two (32) square feet in area per face, six (6) feet in height and with direct or internal illumination. Freestanding signs shall be constructed with a supporting sign structure, the width of which exceeds seventy (70) percent of the width of the sign face. Freestanding or ground signs shall contain no more than two (2) faces. Sign structures of a freestanding or ground sign shall match the primary finish and colors of the associated building(s). Maximum letter height of 24", Maximum logo height of 30" The required setback of any freestanding or ground sign shall be measured from the county road 17 right-of-way line of the county road frontage and which is the basis for the 6 DECLARATION OF PROTEC final.doc AIGI !Ell 11111 111111 INI 1111111 uh 111111111111 IAI 3354747 01/13/2006 02:34P Weld County, CO 7 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder allotment of such sign. Any such setback shall be measured perpendicularly from the county road right-of-way line to the nearest portion of the sign face or structure. The minimum signage setback shall be 15' behind the right-of-way line of County Road 17 (located behind the 15' utility easement) and must be located within Outlot 'B' as shown on the plat (i) Livestock- Any lot may be used for the grazing of livestock such as cattle, horses and sheep. The number of livestock allowed by right is dependent upon bulk requirements of the Agricultural or Estate Zone Districts as those terms are defined by the Weld County Code. The maximum number of Animal Units allowed per Lot or Outlot shall be in accordance with the maximum allowable animal unit equivalents and bulk requirements for the appropriate Zone District contained in Tables 5(i) — 1A and 5(i) — 1B, attached hereto as Exhibit B. Activities such as permanent landscaping, structures, dirt mounds, animal husbandry activities, or other activities that would interfere with the construction, maintenance, or function of the fields should be restricted over the absorption field areas while in use. Overgrazing is prohibited; the livestock shall be properly cared for with adequate maintenance, food, and shelter. It shall be the responsibility of the Owner to fence the lot, tract or parcel of the Property when livestock are to be maintained on such lot, tract, or parcel. Outbuildings may be erected and maintained for such animals, if approved by the Architectural Control Committee. Household pets, such as dogs and cats, as the same may be defined and in a number determined by the Architectural Control Committee, may be kept upon a lot, and 1 head of livestock, such as horse, cattle or sheep, per two acres owned may be maintained on any lot if the Architectural Control Committee determines that the same are not maintained in an unusual manner offensive to the owners of the balance of the lots. It is not the intent of this covenant to restrict or prohibit 4-H or Future Farmers of America projects which may be undertaken by the residents of the Subdivision provided these projects are officially sanctioned by recognized agencies such as 4-H, Future Farmers or America or a similar organization. (j) Fences - Fences shall be permitted, provided, however, that any fence shall be constructed so as not to interfere with the Road easements hereinabove established and required for access to adjoining lands unless cattle guards are installed in place of gates. All fences shall be approved by the Architectural Control Committee. (k) Garbage and Refuse Disposal -No lot shall be used or maintained as dumping ground for rubbish. Trash, garbage or other wastes shall not be kept except in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Burning of trash on any lot is prohibited. (I) Antennas - No radio tower, antenna or aerial shall be permitted over any part a lot unless attached to a residence and extended not more than 10 feet above the roof of the residence. Satellite communication dishes are excluded from the above 7 DECLARATION OF PROTEC final.doc NUM 11111 111111111111111111111111111 Ill 11111 11111111 3364747 01/1312006 02:34P Weld County, CO 8 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder restrictions. (m) Storage - No lot shall be used for any type of storage of cars, trucks, trailers, Machinery heavy equipment, merchandise, sand, gravel, earth, or any other matter or thing, except for the storage of lumber and other building materials during the construction of a building thereon. (n) Siaht Distance and Intersections - No wall, hedge or shrub planting which obstructs sightlines at elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same sightline limitation shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient highth to prevent obstructions of such sightlines. 6. GENERAL PROVISIONS (a) Right to Farm - Weld County recognizes the Right to Farm. In order to validate this recognition, Weld County's Right to Farm statement has been established and is incorporated into the plat map for Antelope Estates, in the form attached hereto as Exhibit A. (b) Maintenance -In the event the association shall fail to maintain the entrance sign and maintain roadways and other Common Elements during inclement weather conditions for emergency vehicles in a reasonable order and condition in accordance with the original plan submitted with the final subdivision plat, the Board of County Commissioners for Weld County may serve written notice upon such organization or upon the residents of the subdivision involved, setting forth the manner in which the association has failed to maintain the facility in a reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing the County may modify the terms of its original notice as to the deficiencies, and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said 30 days or any extension thereof the County, in order to preserve the taxable values of the property contained within subdivision, and to prevent the common elements from becoming a public nuisance and liability, may undertake to maintain the same for a period of one (1) year. Before the expiration of said year, the County, upon its initiative or upon the written request of the Association theretofore responsible for the maintenance of the common facility, call a public hearing upon such notice to such association and to the residents of the subdivision involved, to be held by the Board of County Commissioners, at which hearing such association or residents of 8 DECLARATION OF PROTEC final.doc I 111111 11111 11111 111111 IIII1111111 11111 III 11111 liii IIII 3354747 01/13/2006 02:34P Weld County, CO 9 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder the subdivision shall show cause why such maintenance by the County shall not, at the election of the County continue for a succeeding year. If the Board of County Commissioners shall determine such organization is not ready and able to maintain such common facility in a reasonable condition, the County may in its discretion, continue to maintain said facility during the next succeeding year subject to a similar hearing and determination in each year thereafter. The cost of such maintenance by the County shall be paid by the owners of the properties within the Subdivision that have a right to enjoyment or use of the common facility involved and any unpaid assessments shall become a tax lien upon said properties. The County shall file a notice of such lien in the office of the County Clerk and Recorder upon the property affected by such lien within the Subdivision, and shall certify such unpaid assessments to the County Treasurer for collection, enforcement and remittance of general property taxes. (c) Term - These covenants are to run with the land and shall be binding on all Parties and all persons claiming under them for a period of 25 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. Road maintenance provisions shall not expire through a normal covenant lapse provision, but shall be perpetual unless specifically released by the Board of County Commissioners of Weld County or a municipality should the subdivision be annexed at a future date. (d) Enforcement - Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. The Association shall be entitled to recover the costs of such action, including attorney fees, court costs, etc., and such judgment shall become a continuing lien on the lot involved until paid. (e) Amendments . The Developers may amend the Declaration and any Plat Map to correct clerical, typographical or technical errors or to comply with the requirements, standards or guidelines of recognized secondary mortgage markets, the Department of Housing and Urban Development, the Federal Housing Administration, the Veterans Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association or the Federal National Mortgage Association. The Developers may also amend this Declaration in the exercise of Developers' reserved development rights and as otherwise permitted by the Act. The Association may amend this Declaration with respect to those matters expressly permitted by the Act. Except as provided above, this Declaration may be amended only by the vote or agreement of Living Unit Owners representing at least sixty-seven percent (67%) of the Living Units within the Community and by the recordation of a certified copy of the Resolution of Amendment, signed and acknowledged by the President and Secretary of the Association, recorded in the records of the Clerk and Recorder of Weld County, Colorado. Notwithstanding the 9 DECLARATION OF PROTEC final.doc I iiiiii 11111 11111 1111111111111111111111 III 111111 III lilt 3354747 01/13/2006 02:34P Weld County, CO 10 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder (f) Termination of Declaration . This Declaration shall not be terminated except upon the written agreement of Owners representing not less than sixty-seven percent (67%) of the Living Units within The Community, and must be evidenced by a Termination Agreement or ratifications thereof, in the same manner as a deed, by the requisite number of Living Unit Owners. The Termination Agreement must specify a date after which the agreement will be void unless it is recorded before that date. The Termination Agreement and all ratifications thereof must be recorded in Weld County, Colorado, and shall be effective only upon recordation. Notwithstanding the provisions hereof, this Declaration shall not be terminated without the prior written consent of the Board of County Commissioners. (g) Notices - Any notice required to be sent to any member or owner under the provisions of these Declarations shall be deemed to be properly sent when mailed, postage prepaid, to the last known address of the person who appears as a member or owner on the records of the Association at the time of such mailing. (h) Severability - Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, this Declaration is executed as of the day and year first written. Delmer Ziegle STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I I day of 0'tlGN4.OV ,r , 20 DS- by Darrel Adolf and Delmer Ziegler WITNESS my hand and official seal. My commission expires 11/11/02 0$ DIANA L. HOOVER Notary Public State of Colorado ompispiipowwwwwqpiqpimposposual Antelope Estates PZ 604 10 DECLARATION OF PROTEC final.doc Notary of ��avts.� No ta Pubic !NM 11111 11111 111111 1111 11111 11111 111 111111 3354747 01/13/2006 02:34p Weld County, CO 11 of 12 R 61.00 D 0.00 Steve Moreno Clerk a Recorder EXHIBIT A Weld County's Right to Farm Statement Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Property owners and residents cannot take water from irrigation ditches, lakes or other structures unless they have an adjudicated right to the water. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. Antelope Estates PZ 604 11 DECLARATION OF PROTEC final.doc 11111111111111111111111 RUMEN 3354747 01/13/2006 02:34P Weld County, CO 12 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Table 5(1)-1A Animal Units in the A (Agricultural) Zone District Animal Unit Equivalents Number of Animals Equivalent to One Animal Unit Maximum Number Per Acre Cattle 1 1 4 Bison 1 I 4 Mule I 1 4 Ostrich 1 1 4 Elk 1 1 4 Horse I I 4 Swine .2 5 20 Sheep .1 10 40 Llama .1 10 40 Goat .1 10 40 Alpaca .075 13 52 Poultry .02 50 200 Rabbit .02 50 200 Table 5(i) -1B Animal Units In the E (Estate) Zone District ' Animal Unit Equivalents Number of Animals Equivalent to One Animal Unit Maximum Number Per Acre Cattle 1 1 1 Horse 1 1 1 Swine I 1 1 Mule I I 1 Burro 1 I I Sheep .5 2 2 Goat .5 2 2 Llama .1 10 10 Alpaca .075 13 13 Poultry .04 25 25 Rabbit .04 25 25 Antelope Estates PZ 604 12 DECLARATION OF PROTEC final.doc 4410517 Pages: 1 of 8 08/27/2018 09:31 AM R Fee:$48.00 Carly Koppes, Clerk and Reoorder, Weld County, CO VIII IrjIlifilhaloih lfd' M 'rN iti ilk Bill RESOLUTION Resolution For Amendment of Declaration of Protective Covenants for Antelope Estates The undersigned parties, being owners of property within Antelope Estates Cluster PUD PF-604, recorded at Reception Number 3354746 on January 13, 2006, and being members of the Board of Directors, as provided for in the Declaration of Protective Covenants for Antelope Estates, recorded at Reception Number 3354747 on January 13, 2006, hereby consent that the following actions be taken, as authorized by the Declaration of Protective Covenants for Antelope Estates and the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-218: A. WHEREAS, the parties to this Resolution are the property owners and members in Antelope Estates Homeowners Association ("HOA"), a Colorado non-profit corporation. B. WHEREAS, the parties to this Resolution are members of the Board of Directors, as provided for in the Declaration of Protective Covenants for Antelope Estates, recorded at Reception Number 3354747 ("Declaration"). C. WHEREAS, Section 6(e) of the Declaration provides that the Declaration "may be amended only by the vote or agreement of Living Unit Owners representing at least sixty- seven percent (67%) of the Living Units within the Community and by the recordation of a certified copy of the Resolution of Amendment, signed and acknowledged by the President and Secretary of the Association, recorded in the records of the Clerk and Recorder of Weld County, Colorado." D. WHEREAS, the parties seek to amend Section 6(f) of Declaration to strike and remove the requirement of "prior written consent of the Board of County Commissioners" for termination of the Declaration. WHEREFORE, the parties resolve and agree to the following: 1. RESOLVED, the parties agree to the amendment of Section 6(f) of the Declaration by striking and removing the final sentence which provides as follows: "Notwithstanding the provisions, hereof, this Declaration shall not be terminated without the prior written consent of the Board of County Commissioners." 2. RESOLVED, the parties agree that this Resolution for Amendment, bearing no less than the signatures of sixty-seven percent (67%) of the Living Units within the Community, constitutes the affirmative vote in favor of amendment, and the same shall be recorded with the Clerk and Recorder of Weld County, Colorado. SIGNED AND ACKNOWLEDGED BY: Robert Martin Redwood, Jr. President Peter W. Dobbs Secretary Page 1 of 8 4410517 Pages: 2 of 8 06/27/2018 09:31 AM R Fee:848.00 I Carly Koppes, Clerk and Recorder, Weld County, CO lIII NFs+i' IIIi' a1ffl4'i :IgA w i drai iiirl JCRAlk "III The Signatures Below Represent the Affirmative Vote of the Respective Living Unit Owners [This section is left intentionally blank. Signature pages follow.] Page 2 of 8 4410517 Pages: 3 of 8 06/27/2018 09:31 AM R Fee:$48.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIIINr rilM 11111 Lot 1 Phil Morris & Jess Morris 49615 Antelope Lane Wellington, Co 80549 By: Phil Morris STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2 day of , 2018 by Phil Morris. My commission expires: WITNESS my hand and official seal. • By: STATE OF COLORADO COUNTY OF WELD SHANNON D. CRAIG - - NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/26/2021 "/ .� Notary Public NIVIAKValfk ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 7-y day of "3 —von ,2018byJessMorris. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 Page 3 of 8 4410517 Pages: 4 of 8 08/27/2018 09:31 AM R Fee:$48.00 Carly Koppes, Clerk and Recorder, Weld County, CO PRAINll iilitil' kMEIXII P0,' MTMARA III II Lot 2 Peter W. Dobbs & Teresa L. Dobbs 49611 Antelope Lane Wellington, Co 80549 By: Peter W. Dobbs STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2.'-I day of Swr►c , 2018 by Peter W. Dobbs My commission expires: WITNESS my hand and official seal. By: c'Ar Teresa L. Dobbs STATE OF COLORADO ) ) ss COUNTY OF WELD ) SHANNON D. CRAIG NOARY PUBLIC STATE TOF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 The foregoing instrument was subscribed to, sworn to, and acknowledged before me this ILA day of , 2018 by Teresa L. Dobbs My commission expires: WITNESS my hand and official seal. Notary Public SHANNON D. CRAIG NOTARY STATE OF COLORADO NOTARY ID MY COMMISSION EXPIRES 2 03/26/2021 Page 4 of 8 4410517 Pages: 5 of 8 s 08/27/2018 09 :31 AM R Fee :$48 .00 Carly Koppes, Clerk and Recorder, Weld County, CO liii t�r��sa 1�r i r Lot 3 Tyler Anderson & Haley Mara Anderson 49607 Antelope Lane Wellington, Co 80549 STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2y day of 3—v.a..e.. , 2018 by Tyler Anderson. By: My commission expires: WITNESS my hand and official seal. CM Notary Public SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 • Alikutalm tea. a,Mv'' Haley Mara Anderson STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2.4 day of `Tidu_ , 2018 by Haley Mara Anderson. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY IC STATE OF COLORADO L NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 StAaAAA-Ank CAn‘ Notary Public Page 5 of 8 4410517 Pages: 6 of 8 „08/27/2018 09:31 AM R Fee:$48.00 Carly Koppes, Clerk and Recorder, Weld County, CO RIP1PP NAtiVi: &MCMINN/ d III II Lot 4 Robert Martin Redwood, Jr. & Jeri Sue Redwood 49606 Antelope Lane Wellington, Co 80549 By: Robert Martin Redwood, Jr. STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 24 day of 37.(.1A4, , 2018 by Robert Martin Redwood, Jr. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 SA-ct-V-O(x. a. Notary Public By: 6/1/2 J e Redwood STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2sd day of ZSj ..g_ , 2018 by Jeri Sue Redwood. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 rn • Notary Public Page 6 of 8 4410317 Pages: 7 of 8 00/27/2018 09:31 AM R Fee:$48.00 Carly Koppes, Clerk and Recorder, Weld County, CO •III lift ILA 11 III Lot 5 Alan Lee Nagle 49610 Antelope Lane Wellington, Co 80549 By: Alan Lee Nagl92194' e STATE OF COLORADO COUNTY OF WELD ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this Z'4 day of �t,,a,� QJ , 2018 by Alan Lee Nagle. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 Notary PublicCi\al Page 7 of 8 4410517 Pages: 8 of 8 .88/27/2018 09:31 AM R Fee:$48.00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII llIFONI 6r'.MINKIr'ri L�INKIMAllH Lot 6 Lory L. Mayle & Gary E. Mayle 49614 Antelope Lane Wellington, Co 80549 By: Lory L. Mayle STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this day of , 2018 by Lory L. Mayle. My commission expires: WITNESS my hand and official seal. Notary Public By: Gary E. Mayle STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this day of , 2018 by Gary E. Mayle. My commission expires: WITNESS my hand and official seal. Notary Public Page 8 of 8 4410518 Pages: 1 of 14 68/27/2018 09:31 AM R Fee:$78.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii jR'likill '4OI rligL#rltirl'ylliNLIK EI II ROAD MAINTENANCE AGREEMENT This Road Maintenance Agreement ("Agreement") is between the parties as defined herein and is made effective upon the date of the last signature of the parties. RECITALS A. WHEREAS, the parties to this Agreement are the property owners and members in Antelope Estates Homeowners Association ("HOA"), a Colorado non-profit corporation. B. WHEREAS, at the time of signing this Agreement, the parties to this Agreement are members of the Board of Directors, as provided for in the Declaration of Protective Covenants for Antelope Estates, recorded at Reception Number 3354747 on January 13, 2006 ("Declaration"). C. WHEREAS, on January 22, 2018, the parties voted to dissolve the HOA and terminate the Declaration as provided for in Section 6(f) of the Declaration. D. WHEREAS, the parties have agreed to wind up the business of the HOA and dissolve the same. E. WHEREAS, the parties desire to reach a written agreement whereby the parties share responsibility and costs associated with the maintenance and repair of Antelope Lane, located in Weld County Colorado as designated in the Antelope Estates Cluster PUD PF-604, recorded at Reception Number 3354746 on January 13, 2006. AGREEMENT WHEREFORE, in consideration of the mutual covenants herein set forth, the undersigned agree as follows: 1. Subject Road: Antelope Lane, located in Weld County Colorado as designated in the Antelope Estates Cluster PUD PF-604, recorded at Reception Number 3354746 on January 13, 2006. See Exhibit A attached hereto. 2. Parties; Burdened Properties: The parties to this Agreement shall be the owners of Lots 1 through 6 as described below and in Exhibit A who adopt this Agreement. The Burdened Properties shall be Lot 1, also known as 49615 Antelope Lane; Lot 2 also known as 49611 Antelope Lane; Lot 3, also known as 49607 Antelope Lane; Lot 4, also known as 49606 Antelope Lane; Lot 5, also known as 49610 Antelope Lane; Lot 6, also known as 49614. 3. Duties of the Parties; Payment of Expenses: The parties shall be responsible for the maintenance and repair of that portion of the Subject Road which is immediately Page 1 of 9 4410518 Pages : 2 of 14 08/27/2018 09:31 AM R Fee:$78.00 Carly Koppes, Clerk and Recorder, Weld County, Co rjL II iffiali MIh rks'A inn n adjacent to their respective properties. Expenses incurred for maintenance of that portion of the Subject Road immediately adjacent to a respective property shall be paid by the owner of that property. In the alternative, and only upon the consent of all parties to this Agreement, the parties may agree to share the cost and expenses of maintaining the entire portion of the Subject Road and apportion the cost and expense by agreement. Such agreement shall be in writing and modify this provision. The parties acknowledge and agree that, by entering into this Agreement, the parties relieve Weld County from any liability with regard to repair and maintenance for the Subject Road. 4. Survivability: This Agreement, all its terms and conditions and all amendments to this Agreement, shall run with the Burdened Properties and shall be binding upon the parties hereto and their successors in title. 5. Maintenance and Renairs Defined, Maintenance and repairs to be undertaken and performed shall include the following: grading, maintaining gravel, and any additional repairs and maintenance deemed necessary or advisable by the parties. 6. Enforcement: The terms, conditions, covenants, and agreements set forth herein may be enforced on a party not complying with the same by the remaining parties through a suit in law or equity, and for specific performance, damages, and/or injunctive relief. Any and all cost incurred by the parties enforcing this Agreement including court costs and reasonable attorney fees shall be paid by the non -complying party. 7. Indemnity: Each of the parties agrees to indemnify the other against all liability for injury to himself or herself or damage to his or her property when such injury or damage shall result from, arise out of, or be attributable to any maintenance or repair undertaken pursuant to this Agreement. 8. Binder: This Agreement shall supersede any and all previous agreements concerning the Subject Road, written or oral, whether any previous agreements were recorded in the County of Weld, State of Colorado records. 9. Severability: Invalidation of any one provision of this Agreement by competent authority shall in no way affect any other provision and all other portions of this Agreement shall be considered in full force and effect. 10. Amendment: This Agreement may be amended with the approval of a majority vote of the parties, provided that such amendment shall be reduced to a writing, signed by the parties and comply with all applicable laws, codes, and ordinances. 11. Governing Law: This Agreement shall be construed and governed according to the laws of the State of Colorado. Page 2 of 9 4410°318 Pages: 3 of 14 08/27/2018 09:31 AM R Fee:$78.00 :Carly Koppel, Clerk and Recorder, Weld County, CO NA BIM M 12. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the undersigned, as indicated on the attached signature pages, have executed the Agreement as stated herein. ---------- REMAINDER OF PAGE LEFT INTENTIONALLY BLANK ---------- Page 3 of 9 4410318 Pages: 4 of 14 08/27/2018 09:31 AM R Fee:$78.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii I �s>rIL'IY�Nr��lr ' '�Jhht� l � I��kk'�W�h 11111 Lott Phil Morris & Jess Morris 49615 Antelope Lane Wellington, Co 80549 By: Phil Morris STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this2 4 day of 5"..& c., , 2018 by Phil Morris. My commission expires: WITNESS my hand and official seal. By: Jess Moms STATE OF COLORADO COUNTY OF WELD SHANNON D. CRAIG NOARY PUBLIC STATE TOF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 Ni\C‘AI1/4) CArtis tary Public ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 24 day of T'uyt , 2018 by Jess Morris. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOARY PUBLIC STATE TOF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 Notary Public Page 4 of 9 4410518 Pages: 5 of 14 08/27/2018 09:31 AM R Fee:$78.00 Carly Koppel, Clerk and Recorder, Weld County, CO Ell hliONAI NIAI +VOtLVIIII III Lot 2 Peter W. Dobbs & Teresa L. Dobbs 49611 Antelope Lane Wellington, Co 80549 By: / t`' Peter W. Dobbs STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was subscribed to, sworn to, and acknowledged before me this21-1 day of Sv.Y+IL , 2018 by Peter W. Dobbs My commission expires: WITNESS my hand and official seal. By: Z"---1-'1' Teresa L. Dobbs STATE OF COLORADO ) ) ss COUNTY OF WELD ) SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/2612021 The foregoing instrument was subscribed to, sworn to, and acknowledged before me thisr2J-k day of 5 _ , 2018 by Teresa L. Dobbs My commission expires: WITNESS my hand and official seal. Notary Public SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO MY I_ NOTARY ID 20084030725 OMMISSION EXPIRES)3/28/2021 c Page 5 of 9 4410518 Pages: 6 of 14 08/27/2018 09:31 AM R Fee:$78.00 Carly Koppe:, Clerk and Recorder, Weld County, CO &WPMIM.1lOh%II Lot 3 Tyler Anderson & Haley Mara Anderson 49607 Antelope Lane Wellington, Co 80549 By: Tyler Anders STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was subscribed to, sworn to, and acknowledged before me this2c4 day of 5a , 2018 by Tyler Anderson. My commission expires: WITNESS my hand and official seal. Notary Public By: Haley Mara Anderson STATE OF COLORADO ) ss COUNTY OF WELD SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 The foregoing instrument was subscribed to, sworn to, and acknowledged before me this. 4 day of 0114‘42_ , 2018 by Haley Mara Anderson. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 Page 6 of 9 44 518 Pages: 7 of 14 08 207/ 2018 09:31 AM R Fee:$78.00 S 8.00 Carly Koppea, Clerk and Recorder, Weld County, CO 1111 FORIMilit14011 rf 1121li0i1+ri, 11111 Lot4 Robert Martin Redwood, Jr. & Jeri Sue Redwood 49606 Antelope Lane Wellington, Co 80549 By: Robert Martin Redwood, Jr. STATE OF COLORADO COUNTY OF WELD ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this2y day of , 2018 by Robert Martin Redwood, Jr. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 Notary Public By: Jeri Sue Redwood STATE OF COLORADO COUNTY OF WELD ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this2U day of nTor`„ Q, , 2018 by Jeri Sue Redwood. My commission expires: WITNESS my hand and official seal. Notary Public SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 Page 7 of 9 4410518 Pages: 8 of 14 ,08/27/2018 09:31 AM R Fee:$78.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■iii 01111NNIWyk Ill II Lot 5 Alan Lee Nagle 49610 Antelope Lane Wellington, Co 80549 By: /16" -- Alan Lee Nagle STATE OF COLORADO COUNTY OF WELD 5/L. ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this2y day of 3c, , 2018 by Alan Lee Nagle. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 Page 8 of 9 4410518 Pages: 9 of 14 08/27/2018 09:31 AM R Fee:$78.00 Carly Koppai, Clark and Raoordar, Wald County, CO ■III �U�.��Jp414Vr �i�Lh 'M�ti I�WI� 1��141h�'I�h'y W�h 11111 Lot 6 Lory L. Mayle & Gary E. Mayle 49614 Antelope Lane Wellington, Co 80549 By: Lory L. Mayle STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this day of , 2018 by Lory L. Mayle. My commission expires: WITNESS my hand and official seal. Notary Public By: Gary E. Mayle STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was subscribed to, sworn to, and acknowledged before me this day of , 2018 by Gary E. Mayle. My commission expires: WITNESS my hand and official seal. Notary Public Page 9 of 9 EXHIBIT A 4410518 Pages: 10 of 14 08/27/2018 09:31 AM R Fee:$78.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IMO KIVIA Nf II:tW'ARA HIlitillIlki I III Exhibit A EXHIBIT A 4410518 Pages: 11 of 14 06/27/2018 09:31 AM R Fee:$78.00 Carly Koppes, Clerk and Recorder, Weld County, CO III Exhibit A EXHIBIT A IlIiEi.COE ES -1,47n ClAZIIR 7.410, Pr -6-P4 ".�'`bF2 1. " , 4 ` 15'x. Exhibit A EXHIBIT A a ! o U J - - U .949 NW3 m ir� `: a.® cmco - i3 Me co ale s.M i Exhibit A EXHIBIT A Exhibit A 4410519 Pages: 1 of 10 08/27/2018 09:31 AM R Fee:$58.00 Carly Koppa., Clerk and Recorder, Weld County, CO TERMINATION AGREEMENT Resolution For Termination of Declaration of Protective Covenants for Antelope Estates and for the Dissolution of Antelope Estates Homeowner's Association The undersigned parties, being owners of property within Antelope Estates Cluster PUD PF-604, recorded at Reception Number 3354746 on January 13, 2006, and being members of the Board of Directors, as provided for in the Declaration of Protective Covenants for Antelope Estates, recorded at Reception Number 3354747 on January 13, 2006, hereby consent that the following actions be taken, as authorized by the Declaration of Protective Covenants for Antelope Estates and the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-218: A. WHEREAS, the parties to this Termination Agreement ("Agreement") are the property owners and members in Antelope Estates Homeowners Association ("HOA"), a Colorado non-profit corporation. B. WHEREAS, the parties to this Agreement are members of the Board of Directors, as provided for in the Declaration of Protective Covenants for Antelope Estates, recorded at Reception Number 3354747 on January 13, 2006 and amended this 24th day of June, 2018 ("Declaration"). C. WHEREAS, on January 22, 2018, the parties voted to dissolve the HOA and terminate the Declaration as provided for in Section 6(f) of the Declaration, which requires the written agreement of the owners representing not less than sixty-seven percent (67%) of the living units within the community and a termination agreement to be recorded. D. WHEREAS, the parties have agreed to wind up the business of the HOA and dissolve the same. E. WHEREAS, the parties have entered into a Road Maintenance Agreement which relieves Weld County from liability for the repair and maintenance of Antelope Lane. WHEREFORE, the parties resolve and agree to the following: 1. RESOLVED, the parties agree to dissolve the HOA and terminate the Declaration as evidenced by the minutes of the Annual meeting of Antelope Estates Homeowners Association of January 22, 2018. See Schedule 1, attached. Said Declaration shall be terminated by June 30, 2018 or upon the recording of this Termination Agreement prior to that date. 2. RESOLVED, the parties agree to take all such action as necessary for the termination of the Declaration as required by the Declaration itself, as amended, and by applicable laws and by recording this termination Agreement and any associated documentation. 3. RESOLVED, the parties agree to take all such action as necessary for the dissolution of Antelope Estates Homeowners Association including but not limited to filing Articles of Dissolution with the Colorado Secretary of State. Page 1 of 10 4410519 Pages: 2 of 10 00/27/2018 09:31 AM R Fee:$58.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III IcifJPIRrisiiliflidiligiriMleirMiiiik "Ill 4. RESOLVED, the parties agree to the adoption of the Road maintenance Agreement which relieves Weld County from liability for the repair and maintenance of Antelope Lane. 5. RESOLVED, this Agreement supersedes any prior Termination Agreement signed by the parties. 6. This document may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. This RESOLUTION IS MADE EFFECTIVE UPON THE FINAL SIGNATURE BELOW. [This section is left intentionally blank Signature pages follow.] Page 2 of 10 4410'319 Pages : 3 of 10 08/27/2018 09:31 AM R Fee:$58.90 Carly Koppea, Clerk and Recorder, Weld County, CO %id III II Lot 1 Phil Morris & Jess Morris 49615 Antelope Lane Wellington, Co 80549 By: Phil Morris STATE OF COLORADO COUNTY OF WELD ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2 Li day of SunL , 2018 by Phil Morris. My commission expires: WITNESS my hand and official seal. STATE OF COLORADO COUNTY OF WELD 2`-1 SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 i Notary Public ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this day of ZT A.» e. , 2018 by Jess Morris. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOARY PUBLIC STATE TOF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/26/2021 Page 3 of 10 4410519 Pages: 4 of 10 • 06/27/2018 09:31 AM R Foe:658.00 Carly Koppes, Clerk and Recorder, Weld County, CO INFANNII4VitiVilEgfarfil nom um Lot 2 Peter W. Dobbs & Teresa L. Dobbs 49611 Antelope Lane Wellington, Co 80549 By: Peter W. Dobbs STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2 y day of 3vvre.e., , 2018 by Peter W. Dobbs My commission expires: WITNESS my hand and official seal. Teresa L. Dobbs STATE OF COLORADO COUNTY OF WELD SHANNON D. CRAIG - NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/26/2021 �t,�►l��d1n.. � ' R Notary Public ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this -2-LA day of Suva.., , 2018 by Teresa L. Dobbs My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 Page 4of10 4410319 Pages: 3 of 10 08/27/2018 09:31 AM R Fee:$88.00 Carly Kop IIlK.rpes, Clerk Gil�L�1 Recorder, Weld County, Lk 1101 Lot 3 Tyler Anderson & Haley Mara Anderson 49607 Antelope Lane Wellington, Co 80549 By: Tyler Anderson STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 24 day of � , 2018 by Tyler Anderson. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 i -1.&>•11/4-nA- 'N., • Notary Public By: ) I v `v- ih/V\ Haley arderson STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2Lt day of �v..v L , 2018 by Haley Mara Anderson. My commission expires: WITNESS my hand and official seal. 1 SHANNON D. CRAIG NTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/28/2021 . acLic)6, Notary Public Page 5 of 10 4410519 Pages: 6 of 10 06/27/2018 09:31 AM R Fee:$58.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII NrJERViinifirlIWI•MCIIIIIIMAti, till Lot 4 Robert Martin Redwood, Jr. & Jeri Sue Redwood 49606 Antelope Lane Wellington, Co 80549 By: Robert Martin Redwood, Jr. STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this Zy day of --.44&.Q._ , 2018 by Robert Martin Redwood, Jr. By: My commission expires: WITNESS my hand and official seal. Jeri Sue Redwood STATE OF COLORADO COUNTY OF WELD SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/26/2021 Notary Public ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2-. day of .3".v.vUL , 2018 by Jeri Sue Redwood. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/26/2021 Si‘a->"\--"‘. Notary Public Page 6 of 10 4410519 Pages: 7 of 10 08/27/2018 09:31 AM R Fee:$58.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 411fWir ' DOIRIIIII1NIFICIIITOWMh 11111 Lot 5 Alan Lee Nagle 49610 Antelope Lane Wellington, Co 80549 By: Alan Lee Nagle STATE OF COLORADO COUNTY OF WELD 4ic _ ) ss The foregoing instrument was subscribed to, sworn to, and acknowledged before me this 2-4 day of S'),kQ , 2018 by Alan Lee Nagle. My commission expires: WITNESS my hand and official seal. SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084030725 MY COMMISSION EXPIRES 03/26/2021 • cA, Notary Public Page 7 of 10 4410519 Pages: 8 of 10 08/27/2018 09:31 AM R Fee:$58.00 Carly Koppel, Clark and Reoordar, WNiCin ty, Wii.id ■III Klialiiii i�� h��'�WA i' IIPI kia aid11111 Lot 6 Lory L. Mayle & Gary E. Mayle 49614 Antelope Lane Wellington, Co 80549 By: Lory L. Mayle STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this day of , 2018 by Lory L. Mayle. My commission expires: WITNESS my hand and official seal. Notary Public By: Gary E. Mayle STATE OF COLORADO COUNTY OF WELD ) ) ss ) The foregoing instrument was subscribed to, sworn to, and acknowledged before me this day of , 2018 by Gary E. Mayle. My commission expires: WITNESS my hand and official seal. Notary Public Page 8of10 4410519 Pages: 9 of 10 08/27/2018 09:31 AM R Fee:$58.00 Carly Koppes, Clerk and Recorder, Weld County, CO inn I��I�'I�Nk�G ,h��'IiVR I'h1y� Iii �I�+�iGLiri'rY4wh �I II Schedule I Annual Meeting of Antelope Estates Homeowners Association Monday, January 22', 2018 6:00 PM— 6 45 PM Location; Home of Lee Nagle (Lot 5/49610 Antelope Lane) Attendance Phil and Jess Morris (Lot 1), Pete and Terri Dobbs (Lot 2(, Tyler and Haley Anderson (Lot 3l, Bobby and led Redwood (tot 4(, Lee Nagle (Lot 5): A Quorum was present (5 out of 6 tot Owners( This meeting was called by Bobby Redwood (HOA President(. The notice was mailed on January 1e. 20IB, the meeting was called to order at 6 00 inn MOTIONS, DISCUSSIONS AND VOTES FOLLOWED (Votes are listed in FOR -AGAINST -ABSTAIN formal,} i MOTION; To approve the minutes tram the September 5m, 2017 meeting facade by: lee Nagle Seconded by: Tyler Anderson Discussion Need to str lie that the note,' was e•maifed from Slit minutes Vote was held 1O7 * 1072 1 LOT3 LOT4 LOT5 LOTS RESULT Motion Not Carried Abstain fiot For Ti, 1 for Present 4-0-i tJote I or p were not present for Ih s vote H MOTION; Dissolution of the HOA and covenants, contingent upon approval of a road maintenance agreement (approved by a quorum of lot owners( and presented to be approved by Weld County, Made by Tyler Anders+?: Scconded by Pete Dobbs Discussion — History of Covenants and HOA Pro's and Con's of haying an HOA Vote was Acid t0T3 ' LOT 2. bar LOT Fcr }Fur ror I LOTS LLOT6 RESULT Motion Carried For Against 5 1-O 'rote tot 6 were not present for this vote. they voted against thus agenda ilem, via a proxy vote •4rrough ttreir attorney MOTION, Hire Kevin Ward to draft legal documents for dissolution of HOA and covenants and a road maintenance agreement as well, to present to Weld County. Made try. ler, Redwnnd Seconded by, Terri Dobbs discussion: None Page 9 of 10 • 4410519 Pages: 10 of 10 08/27/2018 09:31 AM R Fee:$58.00 Carly Koppel:, Clerk and Recorder, Weld County, CO ■iii kuredinh kiNCRP7 w°i inIVI rt MAKirt 11111 Vale was held LOT I LOT 2 LOT 3 I LQT 5 RESULT Not Present carried MOTION To adjourn the meet ng mane by Teri Redwood Seconded by Loe their. No discussion Vote :vas it LOT1 T5 I LOT6 I RESULT r Not Passed n` .'J4 Page 104'10 Hello