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Home My WebLink About20141864.tiff �-/_ G0 'J tiTYeS AMENDED PUD FINAL PLAT PLANNER: Chris Gathman Hearing Date:June 25, 2014 CASE NUMBER: PUDF14-0001 APPLICANT: Mark & Jackie Eberl SITUS ADDRESS: 2672 Grace Way, Mead, CO 80542 REQUEST: Amendment to a PUD Final Plat (S-500 - Eden's Reserve PUD) to Vacate Lot 9 Out of Eden's Reserve PUD. LEGAL: Lot 9 of Eden's Reserve PUD; located in part of the NE4 of Section 21, T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 32 and 1/2 mile east of County Road 5. ACRES: 63.905 +/-acres PARCEL#: 120721002009 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses with comments from the following agencies: Weld County Department of Public Works, referral received 3/18/2014 Weld County Department of Public Health and Environment, referral received 3/14/2014 Mountain View Fire Protection District, referral received 3/21/2014 West Greeley Soil Conservation District, referral received 4/16/2014 The Department of Planning Services' staff has received responses without comments from the following agencies: Weld County Zoning Compliance, referral received 3/11/2014 Weld County Department of Building Inspection, referral received 4/9/2014 Colorado Division of Water Resources, referral received 3/31/2014 City of Longmont, referral received 3/17/2014 Longmont Soil Conservation District, referral received 3/11/2014 Town of Mead, referral received 3/31/2014 The Department of Planning Services' staff has not received responses from: • Weld County Sheriff's Office • Colorado Parks &Wildlife • Town of Mead • City of Firestone • Boulder County • Little Thompson Water District • RE-1J School District L- GC AMENDED PUD FINAL PLAT PLANNER: Chris Gathman CASE NUMBER: PUDF14-0001 APPLICANT: Mark & Jackie Eberl SITUS ADDRESS: 2672 Grace Way, Mead, CO 80542 REQUEST: Amendment to a PUD Final Plat (S-500 - Eden's Reserve PUD) to Vacate Lot 9 out of Eden's Reserve PUD. LEGAL: Lot 9 of Eden's Reserve PUD; located in part of the NE4 of Section 21, T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 32 and 1/2 mile east of County Road 5. ACRES: 63.905 +/-acres PARCEL#: 120721002009 SUMMARY: The Eden's Reserve Final Plat (S-500) was approved by Weld County Planning Staff in August 1999 and the S-500 plat was recorded in September 1999. The applicant's are proposing to vacate Lot 9 of Eden's Reserve PUD out of the PUD. The zoning of the outlot will not change as Outlot 9 was approved for Agricultural Uses and the applicants have applied to rezone this parcel to Agricultural (under case # COZ14-0002) in conjunction with this application. If this is approved, the applicant's are proposing to apply for a recorded exemption on this parcel to create one (1) additional lot on this 63.905 acre parcel. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS APPROVAL OF THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of this code and any intergovernmental agreement in effect influencing the PUD. 1) Section 22-2-20.G - A.Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. The zoning for the parcel is not proposed to change per this application. The applicants are applying for a change of zone to A (Agricultural) which is consistent with the existing zoning of Lot 9. 2) The proposed site is not influenced by any intergovernmental agreements or a Regional Urbanization Area. PUDF14-0001 —Eden's Reserve Amended PUD Page 2 B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Section 27-2-20, Access standards — The applicant will continue to use the existing access (Grace Way). Section 27-2-40, Bulk requirements — There will be no change to the existing Bulk Requirements of Eden's Reserve PUD. The applicant has met the remaining performance standards as delineated in Section 27- 2-10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-220 of the Weld County Code. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The site is located within the 3-mile referral areas of the Town of Firestone, City of Longmont and Town of Mead. The City of Longmont, in their referral dated March 17, 2014 indicated no conflict with their interests. The Town of Mead, in their referral dated March 31, 2014 indicated that the site is consistent with the Town of Mead Comprehensive Plan (1 acre large lot residential land use — 1 acre minimum). No referral response was received from the Town of Firestone. D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. Water service is provided by the Little Thompson Water District and there is an existing septic system on the property under permit#SP-0200166. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. There will be no change to the access into the lot. The existing residence on Lot 9 utilizes Grace Way. The access into Lot 9 will be off of Grace Way. F. Section 27-7-40.C.6 — In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 2Z 24 and 26, if applicable. There will be no change to the access into the lot. The current residence located on Lot 9 accesses off of Grace Way. The access into Lot 9 will continue to be off of Grace Way. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The potential for commercial mineral deposits for the parcel to be vacated from Eden's Reserve PUD was already reviewed under the original Eden's Reserve PUD (Z-525). Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Countywide Road Impact Program. (Ordinance 2011-2) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee programs. (Ordinance 2011-2) PUDF14-0001 —Eden's Reserve Amended PUD Page 3 H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The Amended PUD Final Plan uses are compatible with the criteria listed in the developmental guide included in the application materials. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The applicant shall attempt to address the requirements of the Mountain View Fire Protection District as stated in their referral dated March 21, 2014. (Mountain View Fire Protection District) B. The applicant shall attempt to address the comments/requirements of the West Greeley Soil Conservation District as stated in their referral dated April 16, 2014. (West Greeley Soil Conservation District) C. If any portion of the stormwater drainage system for Eden's Reserve is vacated as a result of this PUD amendment, the applicant shall provide a drainage easement for any portion of the PUD stormwater drainage system planned to be vacated to ensure that the stormwater drainage system is maintained as an intact complete drainage system. The applicant shall provide legal documentation as to who is responsible for maintenance of any portion of the stormwater system that is included in the vacated portion of the PUD. (Department of Public Works) D. The COZ14-0002 plat shall be submitted for recording in conjunction with the PUDF14- 0001 plat. (Department of Planning Services) E. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) F. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) G. The Plat shall be amended to include the following: 1) All sheets of the plat shall be labeled PUDF14-0001. (Department of Planning Services) 2) The Weld County's Right to Farm Statement shall be placed on the plat per Section 22-2-20 J. A.Goal 10 of the Weld County Code. (Department of Planning Services) 3) The plat should remove the signature block for the Department of Planning Services and replace it with the signature block for the Board of County Commissioners. (Department of Planning Services) PUDF14-0001- Eden's Reserve Amended PUD Page 4 4) The access and utility easement and utility easements with existing utilities shall be indicated on the plat as approved by the Weld County Utility Advisory Committee on June 12, 2014. (Utility Advisory Committee) 5) Add the following Signature Block: A. This plat is approved by the Board of County Commissioners of Weld County, State of Colorado. Approval of this plat does not constitute acceptance of any dedication. Witness my hand and the corporate seal of Weld County this day of , A.D., 20 Chair, Board of County Commissioners ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. Eden's Reserve PUD shall consist of eight (8) residential lots with E (Estate) Zone uses and Common Open Space. The PUD will be subject to, and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services). (Department of Planning Services) B. The purpose of this amended final plat is to vacate Lot 9 from Eden's Reserve PUD. (Department of Planning Services) C. The parcel vacated out of Eden's Reserve PUD and any future parcels divided off from this vacated parcel that will be utilizing Grace Way for access are subject to and shall adhere to the Road Maintenance Agreement recorded under reception #3834850 on 3/27/2012. D. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) E. All portions of any septic system in the development shall be installed a minimum of two- hundred (200) feet from Logan Reservoir. (Department of Public Health and Environment) F. Outdoor storage shall be screened from public rights-of-way and adjacent properties. (Department of Planning Services) G. The applicant shall supply a designated street sign and stop sign at the appropriate location adjacent to County Road 32. (Department of Public Works) H. "Weld County's Right to Farm" as provided on this plat shall be recognized at all times. (Department of Planning Services) PUDF14-0001- Eden's Reserve Amended PUD Page 5 Installation of utilities shall comply with Section 24-9-10 and 27-9-40 of the Weld County Code and the Utility Board conditions. (Department of Planning Services) J. Water service shall be obtained from Little Thompson Water District. (Department of Public Health and Environment) K. Building permits maybe required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) L. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.)activities are expressly prohibited in the designated absorption field site. (Department of Public Health and Environment) M. All signs including entrance signs shall require building permits. Signs shall adhere to Article 4 Division 2 and Appendix 23-C through 23-E of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) N. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011- 2) O. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) P. The site shall maintain compliance with the Mountain View Fire Protection District at all times. (Mountain View Fire Protection District) Q. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public Works) R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) S. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) T. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) U. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) V. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, Planning Services, PUDF14-0001- Eden's Reserve Amended PUD Page 6 and State and Federal agencies and the Weld County Code. (Department of Planning Services) W. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. (Department of Planning Services) X. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. Y. The Amended PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services). 3. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan. PUDF14-0001- Eden's Reserve Amended PUD Page 7 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3537 FAX: (970)304-6498 April 30, 2014 EBERL MARK 2672 GRACE WAY MEAD, CO 80542 Subject: PUDF14-0001 -AN AMENDMENT TO A PUD FINAL PLAT (S-500 - EDEN'S RESERVE PUD) TO VACATE LOT 9 (AGRICULTURAL ZONED) OUT OF THE EDEN'S RESERVE PUD. On parcel(s)of land described as: LOT 9 EDENS RESERVE; PART OF SECTION 21, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 20, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 25, 2014 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Feason:I am the author of thisdocument l��A "'"�" Date:2014.04.30 09:11:36-06'00' Chris Gathman Planner h N DEPARTMENT OF PLANNING SERVICES "••••• Lia ti 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us � E-MAIL: cgathman@co.weld.co.us iri_ �), PHONE: (970)353-6100, Ext. 3537 ti ' FAX: (970)304-6498 March 10, 2014 EBERL MARK 2672 GRACE WAY MEAD, CO 80542 Subject: PUDF14-0001 - APPLICATION FOR AN AMENDMENT TO A PUD FINAL PLAT (S-500 - EDEN'S RESERVE PUD) TO VACATE LOT 9 (AGRICULTURAL ZONED) OUT OF THE EDEN'S RESERVE PUD. THIS APPLICATION IS BEING PROCESSED IN CONJUNCTION WITH CASE#COZ14-0002. On parcel(s)of land described as: L9 EDENS RESERVE; PART OF SECTION 21, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Mead at Phone Number 970-535-4477 Firestone at Phone Number 303-833-3291 Longmont at Phone Number 303-651-8601 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, DReason:ally signed y hiioef Ranslem isdoc Fuson:I am the author of this document Date:2014.03.10 15:50:05-06'00' Chris Gathman Planner 3834831 03/27/2012 03:43 PM Total Pages: 45 Rec Fee: $231 .00 Steve Moreno - Clerk and Recorder, Weld County, CO RATIFICATION OF,AND FIRST A.MENDNI:ENT TO,THE DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS FOR EDEN'S RESERVE,A PLANNED COMMUNITY THIS RATIFICATION OF, AND flR.5T AMENDMENT TO, THE. DE'CLARA'TION OF COVENANTS, CONDITIONS, A.ND RESTRICTIONS FOR. EDEN'S RESERVE, A PLANNED COMMUNITY ("Ratification and First Amendment') is made by and between the undersigned, to be effective this 9'"day of March, 2012. RECITALS A, In 1999, Mark and Jacquelyn Eberi (the "Eherls") were the owners of Certain real estate in the County of Weld, State of Colorado, and they executed and recorded a PI JD Final Plat.(the "Plat") for the. Eden's Reserve PHD (the "'PU!)") on September 21, 1999 at Reception No. 2722939 in the records of the Clerk and Recorder of Weld County, Colorado, B. Also in 1999, the Eberls hired counsel to prepare the Declaration of Covenants, Conditions, and Restrictions for Eden's Reserve, a Planned.Community @he"Declaration"). The Declaration applied to the property as set forth on the Pha and as also described on Page 1 of the said Declaration. C. "Me Declaration was not properly recorded hi 1999. D. In December of 1999, the Eberis filed Articles of Incorporation for Eden's Reserve Homeowners Association, E. The .Eherls offered. Lies I through 4 for sale and marketed such Lots as being subject to the Declaration and as enjoying certain amenities, such as 21 acres of open space including surface rights to Logan Reservoir, and irrigation taps. I`. The Plat of the PI_f) identifies certain lands as "Open `pace" and the Declaration provides that the Association shall own certain "Common Areas" and shall have a non-exclusive easement related to Logan Reservoir. The. Plat does not identify "Common Areas" as such term is used in the Declaration, and the Declaration does not dearly identify the lands to be conveyed to the Association as Compton Areas. To date, no "Open Space" has been conveyed to the Association. 0. The Language of the Declaration providing for conveyance of the Open Space describes such land only by unclear reference to the Plat, without specific descia.ptions of any lands to he c. conveyed. The Declaration makes no reference to the mineral rights underlying the surface of such property. f1. Between December of 1999 and March of 2003, the Eberfs conveyed Lots 1-8 in the PL`I)to new owners. While the Declaration had not been recorded,the prospective purchasers of each Lot in the PHD were provideed a copy of the Declaration prior to purchasing their respective Lots. The E'beris have maintained their ownership of Lot 9 of the.PUD. Rat`.i'•,:a iorf and Fir%.A5mfr 1mc;m.(.i;`ot:L'atina e'i Edens Rea PL,,+s 3834831 03/27/2012 03:43 PM Page 2 of 45 I. In October of 2003, following the sale of Lots 1-8 in the PUD, the l herls recorded an Affidavit attesting to their having sold Lots 1-8 subject to the Declaration, and attached thereto an =executed copy of the Declaration. The said Affidavit was recorded on October 2, 200;3 at Reception No. 3112638 in the records of the Clerk and Recorder of Weld County. ). During the nine years since the initial conveyance of a Lot to an. owner other than the IiherIs, tie owners of Lots 1 through 8 have relied upon the valid recordation of the Declaration and the existence of the Association, including the payment of annual dues to the Association, payment of taxes on the 5.705-acre parcel on the east side of Grace Way, and the payment of special assessments, including assessment for improvements such as replacement of trees along Grace Way and the installation of a pipe to enclose an irrigation ditch crossing land adjacent to Logan Reservoir. K. In 2005 or 2006, the I berls and the Lot owners discussed prepara€ion of a proposed First Amendment to the Declaration of Covenants (the "First Amendment") to address the open space, irrigation, and non-exclusive casement matters not clearly resolved by the Declaration as originally prepared. No such Pirst. Amendment was ever completed. L. Subsequently, on August 18. 2009, the Fberls recorded an executed copy of the Declaration at Reception No. 3643399 in the records of the Clerk and Recorder of Weld County, M. Onw.oing review of the Declaration has revealed these and other concerns which the Ebert; and the owners of Lots I-8 (collectively the "Owners") wish to resolve through clarification of the Leclaration N. Therefore, the Eberls and the Owners desire to amend the Declaration according to the temps and previsions set forth below, RATIFICATION The undersigned, collectively comprising the owners of all of the real property described in the Preamble of the Declaration, hereby nitify the terms of the Declaration and agree that it is binding on the said property except as specifically amended by this Ratification and First Amendment. AMENDMENTS E.NTS • NOW THEREFORE, the Declaration is hereby amended as ollowvs: • i. Preamble. In the Declaration, Lot 9 and the 15.3:59-acre Logan Reservoir parcel as depicted on the Plat and described in Exhibit D (the "Logan Reservoir Parcel") were included in the lands to be governed by the Declaration. it is the intent of the undersigned that neither Lot 9 nor the Logan Reservoir Parcel shall remain within the lands to he covered by the Declaration. 2. Therefore, the last paragraph of the Preamble of the Declaration is hereby amended in its entirety to read as follows: NOW, THEREFORE, the undersigned with this Declaration state that the real property described in the Preamble - with the exception of Lot 9 (63.905 acres) as depicted on the Eden's Reserve POD Phial Nat recorded on September 27, ii;sritiraiar,:u:J imr.,4:u:s:cme,,&,OecSnePiun o aCel'5 Resent 3834831 03/27/2012 03:43 PM Page 3 of 45 • 1999 at Reception No. 2722939 in the Records of the Clerk and Recorder of Weld County=, Colorado, and the Logan Reservoir Parcel (.15.359 acres) as also depicted on the said Plat ... is and shall he held, tnuisferred, sold, conveyed.and occupied subject to the covenants, restrictions, easements, charges, and liens hereafter set forth. 3. Article E, Section 1 of the Declaration is hereby amended in its entirety to read as follows: "Association" shall mean and refer to Eden's Reserve Homeowners Association, a Colorado non-profit corporation formed according to the Articles of Incorporation tiled with the Colorado Secretary of State on December 2, 1999. 4. ;Article 1. Section 4 of the Declaration is hereby amended in its entirety to read as follows "Common Area" or "Common Pro .rties" shall mean and refer to all real property and impmvements which either are owned or leased by the Association as open space or access road, The real property to be owned by the`Association and Which shall be considered Common Area shall be the 5.70.5-acre "OPEN SPACE AND PRIVATE. ERRIG EStvINT' parcel along the east side of Grace Way, as depicted on the. Plat and described on Exhibit A, attached hereto (the "Grace Way Parcel"). The 15.359-acre Logan Reservoir Parcel, along with all the water, ditch, storage, and irrigation rights associated therewith, shall be retained by the. Declarant (the Eberis) acibjcct to a non-exclusive Water Use Agreement. and Easement for irrigation, open space and recreational use (the "Easement") for the benefit of the Association, in substantially the same form as that attached hereto as Exhibit C. The Eberls shall, concurrent herewith, convey to the Association the 5.705-acne Open Space. Parcel as a Common Area, but shall reserve one-half (1/2) of the minerals underlying the Open. Space Parcel and the existing irrigation easement rights as depicted on the Plat. Grace Way is a public street, subject to existing irrigation and utility easements as depicted on the Plat, and shall be maintained by the Association, the Eberis or any future owners of Lot 9, and any other owners of lots served tiaereby now or hi the future. 5. Article, _Seuttcan_5.of the Declaration is hereby amended in its entirety to read as fellows: "Non-exclusive easement" shall mean the Easement, as described in Section 4,above. 6. Article 1. Section 6 of the Declaration is hereby amended in its entirety to read as follows: "Lot" shall mean and refer to any of Lots 1-8 inclusive within the Association as shown upon the Plat. 7. /t:'ticle IL Section 9 is hereby added to read as follows: "Project" shall, where used herein,mean the real property subject to the Declaration, including Lots 1-8, Grace Way, and the Grace Way Parcel. 8. Article I. .. Section 2,k) of the Declaration is hereby amended in its entirety to read as fellows: Votima Rights. The Association shall have one class of voting membership, with. each Member having one (.l) vote allocated for each Lot owned by said Member in the Association (excluding Lot 9). 9. Article III; Section 2((d) of the Declaration is hereby amended in its entirety to read as follows: Exercise of Vote. 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(s) upon any sale., transfer, or other disposition of a Lot subject to the provisions of this Ret r[pt!nFf and.Ivii5t AmtriduRni,ikx:laiaiist of Eden's 8 sen'e 3834831 03/27/2012 03:43 PM Page 4 of 45 Declaration and any Amendments and Supplements thereto. Upon the transfer, sale, or disposition of all er some portion of the fee interest in a Lot, the new Owner shall automatically become a Member with respect to such Lot. if any Lot is owned by an entity or more than one Member, the Members) owning such Lot collectively shall be entitled only to one vote for that Lot, It1. Any references to Lot 9 in Article IV of the Declaration are hereby deleted as moot and no longer applicable. II. Article V is hereby amended to add a new Section S as follows: Section 5 Effect of Non Payment ssessment Remedies. (a) Personal Obligation. All Assessments, together with any late fee, interest and cost of collection when delinquent, including a reasonable attorneys fees whether or not suit is brought (collectively the "Assessment Charge") shall be the personal obligation of the person or entity who was the Owner of the Lot at the time when the assessment was levied, and of each subsequent Owner. No Owner may waive or otherwise escape liability for the Assessment Charge by abandonment of the Lot. (b) Creation of Lien. The Assessment Charge shall also be charged on the land and shall be a continuing lien upon the Lot against which the Assessment Charge is made, which may be enforced upon recording of a claim of lien, which lien shall be superior to all other liens excepting any tax lien, any first mortgage (including Deed of Trust) recorded prior to the recording of the lien provided for herein. This lien, in favor of the Association, shall secure the Assessment Charge which is then due and which may accrue subsequent to the recording of the claim of lien and prior to entry of final judgment of foreclosure. Any subsequent owner of the Lot shall be deemed to have notice of the Assessment Charge on the land, whether or not a lien has been filed. (c) Perfection and Notice of Lien. Recording of the Declaration constitutes record • notice and perfection of the lien. No further recordation of any claim of lien for Assessments under this Article is required. The Executive Board may prepare, and record in Weld County, a written notice setting forth. the amount of the unpaid indebtedness, the name of the Owner of the .Lot, and a description of the Lot. if a hen is filed,the cost thereof shall be considered an Assessment Charge. (d) Suit for Payment; Foreclosure of Lien. The Association may bring an action at law against the Owner personally obligated to pay the Assessment Charge, or may foreclose the lien in a manner similar to a mortgage lien, or both. 'i'he Association, acting on behalf of the Owners, shall have the power to bid for an interest in any Lot foreclosed at such foreclosure sale and to acquire, hold, lease, mortgage and convey the Lot. (e) The Association shall have the right to assess fines and suspend the voting rights and right to use of the Common Area by an Owner for any period during which any Assessment against his Lot remains unpaid. Unless superseded but subsequently adopted rules and regulations of the Association, any and all sums doe to the Association by a Lot Reti?`.,cmfir:n and Fifat UgemirnerM,BaAarat,n of rdeet's R.,senne 3834831 03/27/2012 03:43 PM Page 5 of 45 Owner shall accrue interest at the rate of one percent (1%) per month from the due date until paid. 12. rArticte:X1 of the Declaration is hereby deleted in its entirety. 13. Article XII, Section 1C?t of the Declaration is hereby amended in its entirety to read as follows; "The number of votes in the Association shall be on the basis of one (1) vote being allocated to the owner(s) of each Lot, as determined by the total number of Lots in the Association pursuant to this Amendment or any subsequent amendments to this Declaration which are shown on a recorded. subdivision plat required by Weld County and recorded with the Weld County Clerk and Recorder. 14, Ebert Conveyances. As a material condition to the Lot Owners' approval of this Ratification, contemporaneous with the execution of this Ratification, the Eberls have and shall. execute and deliver the.following: a. Water Use Agreement and Easement. The Eberls shall execute and deliver to the Association a Water Use Agreement and Easement in the form attached. hereto as Exhibit C coat nitng the Association's non-exclusive right to access and use of the Logan Reservoir parcel for open space and recreation, and setting forth the Association's non- exclusive right to use water from Logan Reservoir for non-potable irrigation through the existing irrigation system serving the Association and Lots 1-8. b, Open Space Deed. A fully executed and acknowledged Special Warranty Deed, in the form attached hereto as Exhibit 9, conveying to the Association, free and clear of ail liens, good and marketable title to the Grace Way pared. c, Road Afairtrenance Agreement A fully executed and acknowledged Road Maintenance Agreement fur Grace Way in.the .form attached hereto as Exhibit K IN WITNESS WHEREOF,this Amendment is executed by the undersigned. ']Mail ERERLS: and I I) 214 412 t r.� Mark Ebert J7 uc Ebert t2aisfic rrinn snd°ir5t Amendment,Dec Brat m of Eden's Itcscnro Page 5 3834831 03/27/2012 03:43 PM Page 6 of 45 THE ASSOCIATION: Eden's ReserveHomeowne�r Association By.'l i id a, 1�.U,�t fiu Printed Narne j t!G ll/161 : iq O'WN EIIS: t i � /j ` f )404414.1Z Michael Anthony Na Aid Revocable iota Ellen Nand Res cable Trust, Trust, Owner,Lot I. Owner,Lot I and Bradley J. Fedorezyk,Owner, Lot 2 Deborah E. Fedorczyk,Owner,Lot 2 Iit;Ile R. Conway,Owner, Lot 3 and Derek Skelton,Owner, Lot 4 'Mark Skelton,Omer,Lot 4 and James L.Lahr,Owner, Lot 5 Rebecca L. Lahr,Owner, Lot 5 Curtis J. Schrick,Owner,Lot 6 Denene K. Stick,Owner,Lot 6 and John R Vittetoc,Owner,Lot 7 Verna J.Vittetoe,Owner,Lot 7 ti and James K. Wilson,Owner,Lot 8 Kristin_+U Wilson, Owner, Lot 8 [Nratcrrizations loft/low] Ratifscatirm sad Fast AtattanwR,Moist Wipe of itiae°a Rcser* 3834831 03/27/2012 03:43 PM Page 7 of 45 THE ASSOCIATION Eden's Reserve Homeowners Association By: Printed Name: • its:..._._... OWNERS: • and M ebaei Anthony .Nand Revocable Mary Ellen Nand Revocable Trust, Trust, Owner, Lot I ,,. Owner, Lot I O i • anti ti "�°� .. Bradlefteileclorczyk14Sv er, Lot 2 Deborah E. Feedorczyk, C. ties,Lot.2 Belle R. Conway-, Owner, In 3 and Derek Skelton, Owner,Lot 4 Mark Skelton, Owner,Lot 4 and James i... Lohr. Owner, Lot 5 Rebecca L. Lohr, Owner, Lot 5 and Curtis.t. Schriek, Owner,Lot fi Denene K. Schrick, Owner, Lot 6 and John R. Vittetoe, Owner, Lot 7 Verna 1. Vlttetoe, Owner,Lot 7 and James K, Wilson, Owner. Lot g Kristin G. Wilson, Owner, Lot 8 [ orarizaflon io 1C)1/7J>4'.I • RAtiika6:on and Pint Ant meat.Yk:o;iatitn ofrruh:s nraen..e t%ns6 ., 3834831 03/27/2012 03:43 PM Page 8 of 45 THE ASSOCIATION: Eden's Reserve Homeowners Association By: Printed Name._.... ks: OWNERS: and _ Michael Anthony Hand Revocable Mary Ellen Naud Revocable Trust, Trust,Owner, Lot l Owner, Lot t and Bradley J. Fedorczyk,Owner,Lot 3 Deborah E. Fedorczyk, Owner,Lot 2 , &s Belle R.Conway, Own r,Lot 3 and Derek Skelton, Owner, Lot 4 Mark Skelton, Owner, Lot 4 and James L.Lehr,Owner, Lot 5 Rebecca L. Lohr, Owner, Lot 5 and Curtis J. Schrick, Owner,Lot 6 Denene K. Schriek, Owner,Lot 6 and John it. V ittetoe,Owner, Lot 7 Verna J. Vittetoe, Owner, Lot 7 and James K. Wilson,Owner, Lot S Kristie O. Wilson, Owner,Lot 4 (:+,!i7tgrizati ns to frllowI • [tat<.rcatitm,uad f t?5t AmcWrflud,D:cimii'm at'EsJcls'+z Rscevc Pqc 6 3834831 03/27/2012 03:43 PM Page 9 of 45 TILE ASSOCIATION; Eden's Reserve homeowners Association By: Printed Name:_..._ Its: OWNERS: and Michael Anthony Naud Revocable Mary Ellen Thud Revocable Trust, Trust, Owner,Lot I Owner, Lot and Bradley J. Fedorcryk, Owner, Lot 2 Deborah F Fedorcryk,Owner, In 2 defile R. ( onti ay, Owner, Lot 3 � .. ),S2111".. r' ��-� and ` N \.... Derv . Skelton, ( wb7fa.er,Lot 4 Mark Skelton_ Owner,Lot 4 and James L. Lehr, Owner, Lot S Rebecca L. Loh, Owner, Lot 5 and C:urtas J. Schrick, Owner, Lot 6 Denene K. Schrick, Owner,Lot.6 and John R. Vittetoe, Owner, Lot 7 Verna J. Vittetoe, °wile; Lot 7 and James K. WA son, Owner, Lot x Kdstie G. Wilson, Owner,Lot 8 ilarizations tof01/0411 Ra4_;iir,tem nod Fag A n,o,knxxa,I xiatatirm ofEdcn's.Re tor. Page 6 3834831 03/27/2012 03:43 PM Page 10 of 45 HE ASSOCIATION: Eden's Resen'e Homeowners Association Printed Name: Ills: OWNERS: and Michael Anthony Natal.Revocable Mary Ellen Naud Revocable Trust, Must,Owner,Lot I Owner,Lot 1 and Bradley J. Fedorczyk,Owner,Lot 2 Deborah E.Fedorezyk Owner,Lot 2 Bel le It.. Conway,Owner, Lot 3 and —I k Skelton,lawn -cit.:, r' Mark.Skelton, Owner,Lot:<}<} 9 L vUr and `71V14-'4ied..- w :..._...,f: �` ..r. /5`T-tames L. Lohr, Owner, Lot 5 Rebecca L. Lehr, Owner,L&'5" _..._ and Curtis 3. Scbrick,Owner, Lot 6 Denene I;. Schrick,Owner,Lot 6 and Jahn R. Vtttetue,Owner, Lot 7 Verna J. V ittetoc,Owner, Lot 7 and James K. Wilson,Owner,Lot$ Kristin O, Wilson,Owner, Lot 8 [Notarizatkms ro,fo!/ow] Reitica&,i,ant Post metnili cn.llcc3wauoo orPaka's itt er Psge 3834831 03/27/2012 03:43 PM Page 11 of 45 TEE ASSOCIATION: Eden's Reserve Homeowners Association By: Printed Name: It.s: OWNERS: and Michael Anthony Naud Revocable Mary Ellen Thud Revocable Trust, Trust,Owner, Lot l Owner, Lot 1 and Bradley J.Pedorezyk,Owner,Lot 2 Deborah E. Fedorezyk,Owner, Lot 2 Belle It Conway, Owner, Lot 3 _.. and Derek Skelton,Owner,Lot 4 Mark Skelton,Owner, Int 4 _ and .._._. Jtanws I:.'l:..ohr,Owner,JJ.3nt c RH b-ca i..�i 0r, '1^,v nir, Lot 5 1•�f . f nI and . 3 Curtis 3. Sbirick,Owner, Lot 6 Denrne K. Schri6krf weer,Lot 6 and John R.Vtttetce, Owner,Lot 7 Verna J. Vittetoc,Owner,Lot 7 and Imes K. Wilson,Owner, Lot 8 Krtstie G. Wilson,Owner, Lot 8 [.M1lari2utions to j'at ow �aalicxl a,mid Fist Amt,smti t.t)c.,:`,aratu r,ofEd'.w3's Rc_c:cr. ku v 6 3834831 03/27/2012 03:43 PM Page 12 of 45 THE ASSOCIATION: Eden's Reserve Homeowners Association 87': Printed Name: Its: • OWNERS: and Michael Anthony Naud Revocably. Mary Ellen Nand Revocable Trust, Trust, Owner, Lot 1 Owner, Lot 1 and Bradley 3 Fedorczyk, Owner, Lot 2 Deborah E. Fedorczyk, Owner, Lot 2 Belie R, Conway, Owner, Lot 3 and Derek.Skelton, Owner, Lot 4 Mark.Skelton, Owner, Lot 4 and James L. Lahr;Owner, Lot 5 Rebecca 1: Loin, Owner, Lot.5 and . €t rti5 f Schrtoki3Owner, Lot G Denise K. Schrick, Ooh leer, Lot d 1-- } /3:14 /7x<s , E �._... Joitl: lt. Vit.te toe, Owner, Lot 7 .'erna J. Vittetc Own> r, Lot 7 v and James K. Wilson,Owner, Lot 8 Kristie O, Wilson,Owner, Lot 8 (Notarizations tu,/b//owj Ratifklui,m,and FirstAme.admwt,`J:tiVatian orEde,.'s Rcvor c 3834831 03/27/2012 03:43 PM Page 13 of 45 DIE ASSOCIATION: Eden's Reserve Liorneosvners Association By: Printed?Name:, Its: OWNERS: and Michael Anthony Nand Revix=able Mary Ellen Nand Revocable'Ernst, Trost, Owner, Lot. I Owner, Lot I and Bradley J.Fedorcz.yk, Owner,Lot 2 Deborah 1:. Fedorezyk, Owner, Lot 2 Belle R.Conway,Owner, Lot 3 and Derek Skelton, Owner, Lot 4 Mark Skelton, Owner, Lot 4 and James L. Lohr, Owner,Lot 5 Rebecca L. Lohr, Owner, Lot 5 and Curtis J. Schrick, Owner, Lot 6 Denene K. Schriek, Owner. Lot 6 and John R. Vittetne, Owner, Lot 7 'Verna J. Vittetoe, Owner, Lot 7 f:L ''' !"'` a141. and _' jar1g. .,/ea n3es ti. WiLon,Owner. Lot 8 Misfit C. Wilson,Owner, Lot 8 (Notarizations to f Jio w Rta&c10ne and rte t Am njnrcm.Dec:rnntitm of Fderfl F1s:,r:Vr Page 6 3834831 03/27/2012 03:43 PM Page 14 of 45 State of Colorado ) )ss. County of Weld l The foregoing First Amendment to the Declaration of Covenants, Conditions and Restrictions kr Eden's Reserve, a Planned Community was acknowledged before me by Mark Eberl and Jacquelyn Deft,thisj( f`dayofsW _ � ,_,20i<P Witness my hand and official seal. • $ NOTARY PUBLIC r . . sTAI t CM-COLORADO Notaa s'l'tsblic. My Caxnrnisslfl Ev;res 10P2 013 State of Colorado ) ) ss. County of Weld ) The foregoing First.Amendment to the Declaration of Covenants, Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before inc by as of the Eden's Reserve Homeowners Association, this day of _, 20_. Witness my hand and official seal. My commission expires: Notary Public • State of Colorado .) )sss. County of 1Veld The foregoing First Amendment to the Declaration of Covenants,Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by and , as Owner(s) of Loll of Eden's Reserve,on this day of , 20 --- Witness my hand and official seal. My commission exposes: Notary Public Raliatzion mid First A entic n3,DcfMrSte STAistrfs Resent hat 7 3834831 03/27/2012 03:43 PM Page 15 of 45 State of Colorado ) )ss, County of Weld ) The foregoing First Amendment to the Declaration of Covenants, Conditions and R.estrietons for Eden's Reserve, a Planned Community was acknowledged before me by Mark Eberl and Jacquelyn Bbcri, this day of....._ - .20._..__. Witness my hand and official seal. My commission expires: • Notary Public State of Colorado ) )ss. County of Weld ) The foregoing First Amendment to the Declaration of Covenants,Conditions and Restrictions for Eden's Reserve, a Planned Cotnn> nity was acknowledged before me by S .a as `r�'u ,&2�rt ._ of the Eden's Reserve Homeowners Association,this al;,„day of f?t,a + . ,2Q /,.7 Witness my hand and official seal, 7fro fie\ 414 My conutassion expires: /Q " 6 J A .� psflan Public '� '3 y (is"t 0 State of Colorado ) '. � 3 C{3LS; \\ . County of Weld ) The foregoing First Amendment to the Declaration of Covenants,Conditions and Restrictions for Eden's _ Reserve, at Planned it 'f w' ackuo vied before me by " ri • ' f acid" f " ' at. Ese 0 of Lot 1. of Eden's Reserve,on this_, r zy sol "9/ Witness my hand Se My commission expires. ` a°i ?1. r '�1 / a faGos ��y6 p 7 1/44tollimilloiko Toni) )11 K. • R,,t3iicathm ss tPitct Atacama&Drolaratica Ecka'e ticyav; Pager 3834831 03/27/2012 03:43 PM Page 16 of 45 State of Colorado ) )ss. County of Weld ) The foregoing First Amendment to the Declaration of Covenants, Conditions and Restrictions for Eden's Reserve:, a Planned Community was acltttowlsdged before me by ,►...RdetCxy/4 and jithyak rAy. i-dpiqqg as Owner(s) of Lot 2 of Eden'a :aSserve, on this jt/O day ot , afeh 20 /1`. ti itness my hand and official seal. Boa tiOTARY>`e�`;�;t • My commission expires: - ‘0".! QGfC fzopy •_r9rete$;.. max.»..ok. Notary Public tirCOMMiSttv Evins415O19,20t$ State of Colorado ) ) ss. County of Weld - ) The foregoing First Amendment to the Declaration of Covenants,Conditions and.Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by and , as Owner(s) of Lot 3 of Eden's Reserve, on this day of_ , 20 Witness my hand and official seal. My commission expires: Notary Public State of Colorado ) )as. County of Weld ) The foregoing Pint Amendment to the Declaration of Covenants, Conditions and Restrictions'for Eden's Reserve, a Planned Community was acknowledged before me by and , as Owner(s) of Lot 4 of Eden's Reserve,on this day of 20 . Witness my hand and official seal. My commission expires: Notary Public Rntilic.aion andPint'A.'a tncla cnt,thtEnrsii m rden's}cn-ne Page S 3834831 03/27/2012 03:43 PM Page 17 of 45 State of Colorado ) -Pelt if?t'° ss. County of Weil ) 'The foregoing First Amendment to the Declaration of Covenants, Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged hefrire me by Mark Eberl and Jacquelyn Ebert, this day of _20 Witness my hand and official seal. My commission expires: Notary Public State of Colorado ) 5. �d )ss, County of ) The foregoing First Amendment to the Declaration of Covenants, Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by ' ,ali=' Ran un _aMM ' jU as 1`rerrii:F i of the Eden's Reserve Homeowners Association, this f E, day of'.Nick) • E. T "/ SADLER Witness my hand and official seat, i,;;} ';: Y PUBLIC l STATE E OF GO1 ORACO t. My commission expires: j ,� • i `,I a�rat7__ ('?:..�� t�`l.`7 ' t &.. ....._ ._ Notary Public State of Colorado ) )ss. County of Weld ) 'The foregoing First Amendment to the Declaration of Covenants, Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by and _..� , as Owner(s) of Lot I of Eden's Reserve,on this day of , 20 Witness my hand and official seal. My commission expires: Notary Public R.;+tff;n1ni,and T ifsi An,enitnell,Dcthrmion of r`.v'L:5':i RCstan Pap? 3834831 03/27/2012 03:43 PM Page 18 of 45 State of Colorado ) ) ss. County of Weld ) (''K The foregoing First Amendment to the Declaration of Covenants, Conditions and Restrictions lbr Eden's Reserve, a Planned Community was acknowledged before me by and as Owner(a) of Lot 2 of Eden's Reserve, on this day of , 20 Witness my hand and official seal. My commission expires: 'Notary Public State of Colorado ) )as. County of Weld ) TI.ie foregoing First Amendment to the Declaration ofCovrenants, Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by _ and as Owner(s) of Lot 3 of Eden's Reserve, on this day of . ''0 Witness my hand and official seal. My commission.expires: Notary Public State of Colorado ) )ss. County of Weld. ) The foregoing First Amendment to the Declaration of Covenants, Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by. £ :.144d " a.._---------. and /71,2 ,,,el --Z �C<�i'"`ek,.., as. Ownei(s) of Lot 4 of Eden's Reserve,, on this ice r1 day of h t:asi:t:�fi...-. , 201z Witness my hand and official pAlanotill, .t' .4l My i:UPlSn7i'sS.iC3rr expires' 3 �'7/f 2l V g o lute.R't' 'E `gi amA,..u.a�T ,c u'-r_.? 7 / { 4V `etia / Notary Public "1.8 fi Cot..O k / �iesd iiiiiiithalte Rani'3ation and First rlm:md mi,a,vstion olUe,n:s Rears Paws 8 3834831 03/27/2012 03:43 PM Page 19 of 45 State of Colorado ) ss. County of Weld ) he foregoing Fir, Amen ent to the Declaration of Covenants,Conditions and Restrictions for --- en's Re e _ 4/ .'lanned o unity w ) ac€cnowledged before me by •y�� y and� "'F ,'_,, as-Owne s of Lot. of Eden's ( ie.serve,on this An, day of\ hi et.rol.. , 26t}, Witness my hand and official seal. My cwnrilsstiARIVita 1 NOTARY PUBLIC '``� r Gig 1..�.Tf�TE Car COLORADO 1 . ri� -._ ticttarV Fuhiic My corynie t`txp rss ttV2a'ao➢3t State of Colorado } ) ss. County of Weld ) The foregoing First Amendment to the Declaration of Covenants, Conditions and Restrictions for E':den's Reserve, a Planned Community was acknowledged before me by. and , as Owner(s) of Lot ti of Eden's Reserve,on this day of 20 Witness my hand and official seal. My commission expires: ._._._._..-..-�. Notary Public State of Colorado ) )ss. County of Weld ) The foregoing First Amendment to the Declaration ofCovenants,Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by and , as Owner(%) of Lot 7 of Eden's Reserve,on this day of.........._._... . 20 Witness my hand and official seal. My commission expires: Notary Public Ra!iii,.W.iO'.I and Fire Amu,dmaot,n&ataiinn of Eda's Resccr, Pam 9 3834831 03/27/2012 03:43 PM Page 20 of 45 State of Colorado ) )ss. County of Weld ) The foregoing First Amendment to the !Declaration of Covenants, Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by Mark Ebert and Jnequely fi Ebert,this day of 20__._._• Witness my hand and official seal. • My commission expires: Notary Public State of Colorado ) )ss, County of Weld • ) The f foregoing First:Amendment to the Declaration of Covenants,Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by as of the Eden's Reserve Homeowners Association, this....__ day of 20 Witness my hand and official seal. My commission expires: Notary Public State of Colorado ) )ss, County of Weld } The fbregoing First Amendment to the Declaration of Covenants,Conditions and Restrictions for Eden's Reserve, a Planned Community was acknowledged before me by C'urt:s � �:L:+r::. and ile,w.n.t . `„�Ljv:f,tl�»,....,_,..., as Owner(s) f3.t Lo€A of Eden's es Reserve; on this 13).'" day of fA'in:rc.l� , 2{h'i- , t' ob- i Witness my hand and official seat. / /f • / 1 l ix�Rrxfi3'rr�,t I 1 j »i= My commission expires: / j / .iii � N " � °� j , �„ � 4tou4 "&> ' ?;coif ...._.., l'1 `S---C � �--..,. . _ ~ir Notary r°�.+Lila!la: 42 t a; fa„-Y3 SeCr, Cs?cf. a...di° .03' d. n ali eeaUur,3na Pim AaySrncnt,ikebscs.or offAa Ratm: Lc.r�+s4lyDr�rfA/Pis Paw 7 804 3834831 03/27/2012 03:43 PM Page 21 of 45 INDIVIDUAL ACKNOWLEDGMENT { r. �L�i Jr (�:� D StatelCornmonwealth of - w s5. 2yy.� //.f� County of r�.NLU..s..tfo On this the_ day of rYlaice._.. , before me, Month Year ix life it c. t..• itet rtrc- , the undersigned Notary Putt, Name of Notely P-utritc k_ f: ' rigiQ t ' 7 � � f t'. 4�'t - L-2� s..„, :�10 2(tai i persara?S appeared �.._riW..._._._. ._.' - � \J r-f-_. ..... _...._. .. Names)of Sigraor(s) i personally Known to me--OR -`243roved to me on the basis of satisfactory evidence to be the persons)whose names) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same for the purposes therein stated, WITNESS my hand and official seal. a,. .. .. a 'a a a r *ire' afar Public 1 3 DANIELLE SHRESTHA Notary Public ,._.., My Commission Expires tState of Colorado Jarutary 6,2018 Any Other Required Information Place Notary Seat/Stamp Above (Printed Name of Notary, EKoiration Date, eta; INFORMATION IN AREAS 1-4 REQUIRED IN ARIZONA, OPTIONAL ./Ai RR:PO{1249i Booto m OTHER STATES. VIAV PRIVNIN clEit l l8Rl{It T Description of Any Attached Document Tor of Thumb ham Top i thumb here yi 1 Title or Type of Document.-1 L` Ai.�irfil%._{ .„r . 'tt.'"'jf i/' ._.... {'onini /t#t4- 2 Document Date: 3 Number of Pages: 4 Sighed-a) Other Than Named Above: I i, 2011 National Notary Association • NatuanalNater}r,org • 1.soo-US NOTARY(1--8C0-8786;827) Item:25936 3834831 03/27/2012 03:43 PM Page 22 of 45 State of Colorado } ss. County of Weld �) The foregoing Pint Amendment to the,DecIndian of Covenants,Conditions and .Resifictions for Eden's Reserve, a Planned Community Vat: acknowledged before me by ;,�" Owner(s) of Lot 8 of Eden's Z'- K. L_'��C.iR,_,._-------- and }�!`i:��P �rf__S^-/iF$Q�'1........_.^ as O f��.) Reserve, On this l ;8tday ofMp_rcly ,'}4tf Witness my hand and official seal. My eamniiss'son expir€s: ../F o r` Public si PEI Rattiis^!loft and Fit: t:t nd:a h:tiantECO:orl'to sT Rcsr yc Faye ui 3834831 03/27/2012 03:43 PM Page 23 of 45 EXHIBIT A TO 'RATIFICATION OF, AND FIRST AMENDMENT TO,THE DECLARATION OF CON/E,NANTS, CONDITIONS AN!) RESTRICTIONS FOR EDEN'S RESERVE, A.PLANNED COMMUNITY LEGAL DESCRIPTION --- 'TEE GRACE WAY PARCEL: DESCRIPTION: A PARCEL OF LAND KNOWN AS "OPEN SPACE AND PRIVATE IRRIGATION EASEMENT", :\S PLATTED EL)ANT)RECORDED IN E_DE:NS R:E.SF:RVI PIJE), A. SI.113DIVIS ION OF LAND LOCATED D IN `FI IFi NORTHEAST QUARTEX OF SECTION C TWENTY-ONE TOWNSHIP TI"UU'F NORILI, RANGE SIXTY-EIGHT WEST OF THE SIXTI F PRINCIPAL MERIDIAN, CO. NY Y OF WELD, S'i A lb OF COLORADO, SAID PARCEL BUNG MORE PARTICULARLY DESCRIBE!)AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 9 EDEN'S RESERVE R.VE PL D AS PLATTED AND RECORDED, W I I..D COUNTY R:I::CORDS;FROM WHENCE TI-IE SOUTHWEST CORNER OF SAID LOT 9 BEARS 589"23"a9"W, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAS'T'ERLY LINE OF SAID Lot 9,N04'44'4I"W, 672.558 FEET; THENCE N29`47'57 W, 671.77 FEET TO THE POINT OF BEGINNING; THENCE N89`35'21"W A DISTANCE OF 328.15 FEET; 'THENCE Wail A NON-TANGENT CURVE TURNING RNING TO THE 1'1 \-k I'I EI AN ARC LENGTH OF ].118:3 FIEF,A RADIUS OF 65.00 FEET,A.DELTA ANGLE OF.99'2714",A CIHIORI)BEARING OF'N00°45'0 7"VV; AND A.CHORD LENGTH OF 99.149 HIT; THENCE WITH H A REV''ERSI?.C UR4IC TURNING TO`1111 RIGHT Will AN ARC LENGTH C* 22.83 FEET,A RADIUS.OF 25.00 FEET;A D:E L`FA ANGLE OF 5r1.9`48", A CHORD BEARING OF N24°1.8'50"Wr,AND A CHORD LENGTH OF 22.05 FEET'; THENCE N0I°51'05"E A. DISTANCE OF 143.56 FEET; `FIIE'ICE WITH A CURVE TURNING TO THE LEFT T WITH AN ARC LENGTH OF 140.71 FEET, A RADIUS OF 260,00 FEET; A DELTA ATtiGI E OF 31"00'20", A CHORD BEARING OF N13`39'09"W, AND A CHORD LENGTH OF 139.0011 FEET;;'I'H13NCli N.''9°09'22."W A DISTANCE OF 530.42 FEET; THENCE WITH A NON-TANGENT CURVE TURNING T() THE LEFT WITH AN ARC LENGTH OF 451,38 FEET,A RADIUS OF 442.22 FEET.A °DELTA.ANGLE OF 58'28'53",A CEIORD HEARING OF N58"23'48r'W AND A CHORD) . LNG'iEi OF 432.04 FEET; 1 1:M± W:FI'H A REVERSE CI RVI3:TURNING TOTHE RIGHT WITH AN ARC LENGTH OF 37,27 FEET, A RADIUS OF 2500 FEET,A DELTA ANGLE OF 85'24'41", A CHORD BEARING OF N44"55'54"W,AND A CHORD LENGTH OF 33,91 FEET; THENCE NO2"1.3'34"W A DISTANCE OF 214.99 FEET;THENCE WITH A Rs r alio,,and Fist Amaadrrtu,D daratioe e`Eideres R••=xrve 3834831 03/27/2012 03:43 PM Page 24 of 45 CURVE 4 E TURNING TO THE RIGHT WITH AN ARC LENGTH.OF 39,97 FEET, A RADIUS OF 25.00 FEET, A DELTA ANGLE OF 91°36'14",A CHORD BEARING OF N4$°34'33t"L, AND A CHORD LENGTH OF 35.85 € 1 1'; THENCE N89°2'2'40"I?.A DISTANCE OF 1.5,46 FEE-.1T;THENCE S00°3 7'20"E A DISTANCE OF 184.00 FEET; `€HENCE N 89'222'40"E A .DISTANCE OF 255.00 FEET; THENCE'34'1.:3'3:2"W A DISTANCE OF 256.44 FEET; THENCE N89°22'40"E A DISTANCE OF 170.64 FEET; THENCE SOO°3'r7'20"E A DISTANCE OF 165.00 FEET;THENCE'E' S294 7'5 7"E A DISTANCE OF 1409.18 FEET TO THE POINT OF BEGINNING, THUS DESCRIBED PA.R.CEL OF LAND C:ON"€AIN'S 248513 SQUARE FEET OR 5.705 ACRES MORE OR I.:ESS, LEGAL DESCR UTION PREPARED BY: A. MICHAEL RASCALL, COW, PLS.NO. 23500 1052 Sixth Street Court.,Berthoud,CO 80513 December 16,2011 t2st,fi:�rim;and Firs;Amemiah m,1)CC cl^t10(f r;:"13;kra:Itcd:rw Page 12 3834831 03/27/2012 03:43 PM Page 25 of 45 EXHIBIT B TO RATIFICATION OF,AND FIRST AMENDME NT TO, THE DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR EDEN'S RESERVE,A PLANNED COMMUNITY LEGAL DESCRIPTION THE LOGAN RESERVOIR PARCEL: LEGAL DESCRIPTION: A PARCEL OF LAND SURROUNDING"LOGAN RESERVOIR", AS PLAITED D AND RECORDED IN EDEN'S RESERVE PHL),A SUBDIVISION ISION OF LAND 1,DC:.A ED IN ME NORTHEAST ASTN QUARTER OF SECTION TWENTY-ONE.,TOWNSHIP THREE NORTH,RANGE S1XTY.-EIGI.1T 'WEST OF THE S:CX'1'EI PRINCIPAL MERIDIAN, COUNTY'OF WELD, STATE OF COLORADO, SAID PARCEL:BEING.MORE PARTICULARLY DESCRIBED D AS.F'OI::I..OW, 'BEGINNING AT THE SOUTHEAST CORNER OF WI 4 EDEN'S RESERVE PUD AS PLATTED AND RECOR DE D, WELD COUNTY RC `ORDS;I'RUM WHENCE":'Ill SOUP LWL 5'T•CORNER OF SAID LOT 4 BEARS N'78"517'4:1"W, 315,12 REEL AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAIL)LOT 4,N78`50`01"W A DISTANCE OF 315,12 FEET TO TT TE:SOUTHEAST CORNER OF LOT 3,ROWS RESERVE PUT); THENCE S72°15 09"W A DISTANCE OF i 73.06 p}?:L%'T"HENCE 856`08'08"W A I>l4T.ANCT>OF 127,26 FEET;T; THENCE N48':ip'3L,"W A DISTANCE %OF 226.23 .F.EET"TO A.POINT ON'THE LAS'TLR.LY LINE OF I..o r 9 EDEN'S RESERVE PLAT:THENCE AL<ONO SATD L ASTERI,Y ENE WITH A NON-TANGENT CURVE TURNING TO THE LEI T WITH AN ARC LENGTH:OF 24.40 I E"l A RADIIRADILIS OF 1748.14 FEET, A DELTA ANGLE.of,0°47'59",A CHORD BEARING OF 506'57'04"W;AND A CHORD.LENGT'H O1' 24.40 FEET; THENCE 945'06`:30"E A DISTANCE OF 236.52 FEET;THENCE SC10°22'<46"C A DISTANCE OP 593.58 FEET;TiLENCE 545'25'24"F3,A DISTANCE C OF '47:i?3 THENCE 8.8x3`41'24"E A DISTANCE OF 439.12 FEET; THENCE NI;":4'7.5"E A DISTANCE OF 295.24 FEET;THENCE 889°35'21 A DISTANCE OF 451:13 FEET;THENCE WITH A NON- TANGENT CURVE TURNING TO RIGHT WITH AN ARC LENGTH OF 25,34 FEET, A RADIUS OF 65M4 FEET, A DELTA.ANGLE OF 22"19'56", WITH A CHORD BEARING OF N36"59'14"W,AND A CHORD LENGTH OF 25.18 FEET;THENCE N89`35`21"W A DISTANCE OF 446.43 FEET;THENCE NO6`42'46"W A DISTANCE OF 222.98 FEET;THENCE NI 1°22'31"\V A DIS'TANCL?OF E 81.40FEET;THENCE NI 1°2:1.'31"W A DI.S 1 AN& 1°.OF 144.59 FEET;THENCE N55°T 1'27"W A DISTANCE OP 14199 FEET TO THE POINT OF BEGINNING. THUS DESCRIBE )PARCEL OF LAND CONTAINS 15,359 ACRES MORE OR LESS, LEGAL DESCRIPTION PREPARED BY: A. MICHAEL I:LASCA:..I.:, COW.PLS, NU. 23500 1.052 Sixth Street Court,Berthoud,CO 80513 December 16,2011 R tinc::irmand FS AavnuimnE,D4einnktiLlt o`k::'.e"'c fc,,wave Page 13 3834831 03/27/2012 03:43 PM Page 26 of 45 EXIE:IIIIT C TO RATIFIC.ATION OF, AND FIRST AMENDMENT TO,THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR EDEN'S I ESERV'E,A PLANNED COMMUNITY Water Use Agreement.aid Easement (Attached Form' Rati5r*tioo and Fuss AzwatIr.:mt;De<3arntioa^{F;deds Roserra Prig, 4 3834831 03/27/2012 03:43 PM Page 27 of 45 WATER USE AGREEMENT AND EASEMENT This Water Use Agreement and Easement("Agreement")is made this day of 2012, by and between Mark Eberl and Jacquelyn Ebed("the Eberly")and the Eden's Reserve Homeowners Association,a Colorado Corporation("the Association"). The Eberly and the - Association may collectively be referred to herein as the "Parties." RECITALS A. The Edens are the owners of Lot 9 of the Eden's Reserve PUD,the final niat of which was recorded on September 27, 1999 at Reception No, 2722939 In the records of the Clerk and Recorder of Weld County,Colorado, B. The Eberis are also the owners of the 15.359 acre parcel surrounding and including Logan Reservoir as depicted on the Plat(the "Logan Reservoir Parcel"),and all water rights decreed to or associated with Logan Reservoir, • C. As a condition of the Ratification of, and First Amendment to:the Declaration of Covenants, Conditions,and Restrictions (the "Covenants")for Eden's Reserve, a planned community,dated , 2012, the Eberis agreed to provide to the Association an agreement for use of water from Logan Reservoir for hors-potable irrigation ry purposes by the members of the Association, including use and maintenance of a 110 gpm water pump and pipeline(s)(the Irrigation System") on the Logan Reservoir Parcel for such purposes, and an easement for use of the Logan Reservoir Parcel for purposes of open space and recreation. D. This Agreement is intended to define the rights and obligations of the parties with regard to the Association's use of water from Logan Reservoir and the irrigation System, as well as the Association's access to the Logan Reservoir Parcel for open space and recreation, as required by the Covenants, WATER MU 1. The Association owns and operates an irrigation System, part of which is currently located on the Logan Reservoir Parcel, used for delivery of non•potabie irrigation water to the following areas: Lots 1 through, inclusive;and the open space along the berm located on the south edge of WCR 32, and on both sides of Grace Way at the entrance which are currently sprinkled,all of which are included in the Eden's Reserve PUD. The area that may be irrigated by the Association under this Agreement is referred to as the Irrigated Area".The Eheris own the water pump and agree to transfer title to the Association by bill of sale upon execution of this Agreement. The Association may continue to use the existing irrigation System for continued delivery of nom potable irrigation water • from Logan Reservoir to the Irrigated Area under the following terms and conditions: a. The Association may divert water from Logan Reservoir only for nonpotable outdoor irrigation use on the Irrigated Area. b. The Association may not use any water from Logan Reservoir on any other property or for any ether purpose. e. Total annual diversions by the Association shall not exceed 3,x )0,000 gallons per year for the entire Irrigated Area,or such lesser amount as may be needed for irrigation of that area without unreasonable waste. 3tstitl,:nrim and lFirat Amendment,Dedstxtion oiEdcn's Rai•:vr f` 5 3834831 03/27/2012 03:43 PM Page 28 of 45 d. The Association and its members shall develop an irrigation schedule to allocate pumping time between the individual lots and open space to avoid conflicts in the use of the irrigation System. That schedule may be revised from time to time without amending this Agreement. e. Diversions bythe Association shall be limited to the period of on or about May 15 through on or about September 15 of each year as water is reasonably available. The Parties agree and acknowledge that the date water is first available is dependent upon parties other than the Eber€s, and that historically such date has occurred each year within seven to ten (740)days on either side of May 15. The Eberis shall noti€y the Association each year when such water becomes available, and shall further notify the Association each year when such water is no longer available, historically on or about September 15. f. The Association shall have soil:. responsibility for operation, maintenance, repair and replacement of the irrigation System. g. The Irrigation System shall not he used for delivery of water to Lot 9. 2. The Eberis may provide water in €_ogan Reservoir from the storage water right decreed from St.Wain Creek in the amount of 28 acre-feet per year and appropriation date of October 1, 1882,as decreed in Civil Action No. 4790 in Boulder County on March 13, 1907, and/or the storage water right from return flows, seepage and drainage water tributary to St.\drain Creek in the amount of 28 acre-feet per year with the appropriation date of De₹>ember 31, 1933, as decreed in Case No. 81CW384, in the District Court,Water Division No. 1 on December 1, 1982,to the extant such use is consistent with those decrees which are owned by the Eber€'s. 3. Water Quantity and Quality. The Eherls do not warrant their ability to deliver water from St. Wain Creek or any other decreed sources for storage in Logan Reservoir, but shall make a good faith effort to deliver such water to storage in a sufficient amount each year to meet their obligations under this Agrment. The Ebert shall pay all costs associated with their ownership of the water rights and delivery of the water to Logan Reservoir, The Association shall pay all costs associated with its ownership of the Irrigation System and delivery of water to the irrigated Area.The water delivered into Logan Reservoir is untreated raw water of whatever quality is now or in the future available from the decreed sources. The quality of water delivered under this Agreement will he on an ''as is" basis only and the Eberis neither expressly nor irnpliedly warrant the quality of such raw water. 4. The water provided to the Association under this Agreement shall only be used for supplemental outdoor irrigation use on the irrigated Area, and may not be used for any other purposes on or off of the said specified locations. The use of the said water may not he assigned to any other person or any other property without written permission from the Ebers. 5. interruption of Water Supply Beyond the [bens' Control. While it is the intention of the[beefs to maintain a water supply adequate to meet the delivery obligation under this Agreement, both parties recognize that the water supply decreed for Logan Reservoir is dependent upon sources from which the supply is variable in quantity and beyond the control of the Eberis, The Feeds shall have na liability in tort Of contract on account of any failure to accurately anticipate availability of water supply, or because of an actual failure to supply water due to inadequate runoff or inadequate storage arising from an occurrence beyond the reasonable control of the Eherls, including, but not P nift U a and r3 Amendmrnt f.6cima;wr:6f Eden's Reslere 3834831 03/27/2012 03:43 PM Page 29 of 45 limited to, less then average snow pack,act of God, strike, war, insurrection. or inability-to serve arising out of an order of any court,or the lawful order of any governmental administrative body or agency clothed with authority to regulate matters pertaining to water, public utilities, public health, or pollution control. 6, Emergency Water Shortages. From time to time emergency situations may arise where there is a necessity to limit both the r berl's and the Association's use of water from Logan Reservoir, The need for such limitation on an emergency basis shall be determined by the Ebeds in the exercise of their reasonable discretion from time to time as occasion may require, provided that any such limitation in use Shall he reasonably apportioned between the Association and the Eberis based upon their relative rights to water in Logan Reservoir. In the event of a shortage,the Eberis may, adopt reasonable restrictions on the use of water from Logan Reservoir by the Association and the Eberis on a pro rata basis until such emergency conditions or shortage is received. 7. Term. The Association's right to divert water from Logan Reservoir pursuant to this Agreement is perpetual In nature, for so long as Lots 1 through 8 continue to he used for residential purposes. However,if all of the Association members discontinue use of water from Logan Reservoir for a period of five consecutive years or more, the water diversion rights of the Association and its members pursuant to this Agreement shall be deemed abandoned and shad automatically terminate, in order to effect termination of the Association's water diversion rights under this Agreement,the Eberls shall give notice of termination to the Association at the address provided under this Agreement 8. Reserved rights of the Eberis. The Eberis reserve title to all water rights. The Eberis reserve the right to use Logan Reservoir and the Logan Reservoir Parcel for all lawiiui purposes not inconsistent with this Agreement. Such rights include, but are not limited to,the Eberis right to use Logan Reservoir and all water stored in the reservoir or diverted through the reservoir for their own purposes,to irstaii additional diversion facilities in Logan Reservoir or on the Logan Reservoir Parcel, including inlet and outlet facilities or pumping facilities, to use the lake for delivery of other water or water rights owned now or in the future by the Eberis or any future owner of Lot 9,to operate and maintain Logan Reservoir and all inlet,outlet and outer related facilities,to restore the historic storage'capacity,enlarge,deepen or expand the storage capacity,and to modify the reservoir in any manner not inconsistent with the rights granted under this Agreement. Except for emergencies,excavation or construction work on the darn or within the reservoir storage space shall be limited to the period between October land April 30 so as not to interfere with the delivery of water to the Association. in addition, the Eberls reserve the right to fill,drain, empty, and refill Logan Reservoir at their discretion, provided it does not interfere with the rights granted to the Association by this Agreement. The Eberis' reserved rights include ell rights of access to Logan Reservoir,to operate, maintain, repair, replace and enlarge any and ail facilities,and ail other rights of ownership includingsurface, subsurface,and mineral rights. The Eberis also reserve the right to grant other nonexclusive easements for access to and use of Logan Reservoir,the Logan Reservoir Parcel,or water stored in Logan Reservoir for the current and future owners of Lot 9 of the Eden's Reserve POD. The Ebeds also reserve the right to allow any other person to store and deliver other water through Logan Reservoir for use on or off of Lot 9, provided it does not interfere with the rights granted to the Association by this Agreement. 9. Grant of Nonexclusive Easement for the irrigation System. The Eberis hereby grant to the Association a nonexclusive easement on and across the Logan Reservoir Parcel for operation, maintenance, repair and replacement of the existing irrigation System for delivery of water stored in Logan Reservoir as defined by this Agreement. No excavation,disturbance of earth,or dewatering is allowed unless approved by the Eber'€s. Any relocation of the pump,equipment, piping,wiring,or :.3utisa;m and Finn Amendment,Dnekittenen of ent!?'s ges3.,ve van: 37 3834831 03/27/2012 03:43 PM Page 30 of 45 other parts of the irrigation System on the Logan Reservoir Parcel must be approved by the Eberis, which approve!shall not be unreasonably withheld,conditioned or delayed. The easement shall be for the use and benefit of the Association and its members for the purposes described in this Agreement. The easement includes a perpetual right of access through, over, under and across the Logan Reservoir Parcel, as is reasonably necessary for the purposes of Association's use under this Agreement. This easement is intended to burden the Logan Reservoir Parcel only,and to benefit the Association and the owners of Lots 1.through 8 of the Eden's Reserve PUD only.Operation of the irrigation System shall be limited to pedestrian access only. Motorized vehicles and equipment may be used only as needed for maintenance, repair or replacement of the Irrigation System.The Eberis shall have the right at all times to access and inspect the water pump and meter to confirm the Association's compliance with this Agreement. 10.Grant of Nonexclusive Easement for Recreational Open Space Use, The Eberis hereby further grant to the Association a nonexclusive easement on and across the Logan Reservoir Parcel for recreational open space use by the owners of Lots 1.through 8 of the Eden's Reserve PUD and their guests. The said owners and their guests shall nave the right to access end use the Logan Reservoir Parcel for recreational activities including but not limited to walking, picnicking, fishing, swimming,and non motorized boating. The said Owners and their guests shall not have any night to use motorized vehicles of any kind on the Logan Reservoir Parcel, including boats,except as required for maintenance of the Irrigation System as set forth in paragraph 9 above or for emergency purposes. This grant does not include the right to construct or install any buildings or improvements, or to plant any trees or other vegetation within the Logan Reservoir Parcel.The said owners and their guests shall have reasonable access to the lake. The[beds shall have the right to designate the location or locations of such access as long as such designation does not unduly restrict access to the lake under this Agreement. Use of the lake and shore by the said owners and their guests shall he subject to reasonable rules established by the Eberis, which rules shall not unnecessarily restrict the rights granted under this Agreement. Except as set forth in this paragraph,the Association may not permit third persons to exercise the recreational and open space use rights granted by this Agreement, This grant of recreational and open space use rights shall be appurtenant to and for the benefit of the Association and Lots 1.8 of the Eden's Reserve PUD and may not be trensfen•ed, assigned or conveyed apart or separately from such land. it insurance. The Association shall procure and maintain all risk liability insurance with an insurer authorized to do business in Gniorade, with coverage amounts not less than $1,000,000 per occurrence 11,000,000 in aggregate,with the Eberis and their successors and assigns endorsed as additional insureds. Upon request of the Eberis,the Association shall furnish to the Eberis annual certificates of such insurance, providing that the policy shall not be cancelled or terminated without at least 30 days written notice to the [beds. 1.2.Mechanics Liens. The Association agrees to pay and discharge all claims for labor performed and material and services furnished in connection with the construction,operation, maintenance, repair of replacement of any improvements within the easement premises, and the Association shall take any and all steps necsssary to forestall the assertion of claims or liens against the easement premises or any other real estate owned by the Eberle, Notwithstanding the foregoing, the Association shall not be required to pay any claims for labor, materials,or services which the Association in good faith disputes and which the Association, at its own expense, diligently contests; provided, however, if the Association does wish to contest any such claim,the Association shall, not later than 20 days after the notice of filing of any claim or lien or notice of intent to file such a lien, either f iie a surety bond sufficient to release said claim or lien, and promptly give notice of such filing to the lien holder or claimant, ail as permitted by Colorado statute,or make other arrangement therefore satisfactory to the Eberle. • P,Mi:amn tad i'iret Anteod, cnt,Deciutwien cf Eden's Rcsart•e 3834831 03/27/2012 03:43 PM Page 31 of 45 13,indemnification and Hold Harmless, The Association shall indemnify the Ebeds against, and hold the Etter fs harmless from and for,any and all claims, €lability,damages or injury related to or resulting from the construction,operation, maintenance, repair or replacement of the Association's Irrigation System, and shall further indemnify the Eberis against,and hold the Eberts harmless from and for,any and all claims, liability, damages,or injury related to or resulting from recreational or open space use of the Logan Reservoir Parcel as set forth in this.Agreement. 14.Notices. Any notice required or permitted by-this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid,addressed to the part to whom such notice is intended to be given at the address set forth on the signature page below,or at such other address as has been previously furnished in writing to the ether party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mait .l.5.Contacts • Eberis: Eden's Reserve Homeowners Association: Mark and Jacquelyn(Jackie) Eber€ 2672 Grace Way Mead,Co 80542 303-886-4785 or 303-809-245€ 16,Assignment of Use. The use of water from Logan Reservoir through the Irrigation System is limited to the use by the owners of Lots 1 through 8 for supplemental outdoor landscape irrigation. and by the Association for outdoor irrigation of the open space along the berm located along MICR 32,and both sides of Grace.Way at the entrance of the Eden's Reserve Ptii,and does not give the Association the right to release any water from Logan Reservoir for any other person or use at any other location. The Association's rights under this Agreement may only be assigned to a successor organization for the use and benefit of the successor organization and the owners of Lots 1 through 8. The Eberly may assign their rights and obligations under this Agreement to any future owner of Logan Reservoir and the subject water rights, The Eberis shall provide written notice of such assignment to the Association. 17.Remedies. In the event that either party defaults in the performance of any of its obligations under this Agreement, in addition to any and all other remedies provided in this Agreement or by law or equity, each party shall have the right of specific performance against the other. In the event of litigation,the prevailing party shall be entitled to its litigation costs, including reasonable attorney's: fees, 18.Default, Right to Cure. in the event that either party believes that the other is in default of any obligation under this Agreement,the non defaulting party shall give written notice of the alleged default to the defaulting party. If a notice of default is provided,the party accused of the default shall either cure it or provide a written statement explaining why it is not in default. if the alleged default is not cured or otherwise resolved within thirty(30) days,the parties may resort to their remedies. 19.Binding E€fects. This Agreement shall inure to the benefit of,and be binding upon,the parties, and their respective legal representatives,successors, heirs and assigns; provided,however,that nothing contained in this paragraph shall: be construed to permit the assignment of this Agreement r1n11fieation aid 91e1 Rmend ent,Dec rttion of Fdr.: s itrser.•e Cap 19 3834831 03/27/2012 03:43 PM Page 32 of 45 except as otherwise specifically authorized in this Agreement. The rights and obligations of en owner of Lots 143 under this Grant shall terminate(as to the selling owner)and shali be vested in the new owner upon the transfer of the owner's interest in the land except that an owner's liability for acts or omissions o:.curdng prior to transfer shall suevive transfer. 20.integration and Amendnient. This Agreement represents the entire agreement between the Parties as to the specific subject(natter hereof, and there are no oral or collateral agreements or understandings, This Agreement may be amended only by an instrument in writing signed by the parties, 21.Counterpart Execution. This reement may be executed in counterparts,each of which shall be deemed an original, but ail of which together shall constitute one and the same instrument representing the agreement of the pities to this Agreement. MARK AND JACQUELYN EBERL • • Mark Eberl Jacquelyn Eberi STATE OF COLORADO ) as. • COUNTY OF ; } The foregoing instrument was acknowledged before me this day of 2012. by Mark Eberl. Witness my hand and official seas. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY©F The foregoing instrument was acknowledged before me this day of„b,a 2012, by Jacquelyn Eberl. Witness my hand and official seal. My commission expires: RAW le Lkm 3ud kiss:A:;tr;:dfaaru,L ziartiac Iidkn's Reitivr. Page.20 3834831 03/27/2012 03:43 PM Page 33 of 45 Notary Public EDEN'S RESERVE HOMEOWNERS ASSOCIATION Print Name Print Title: STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 202,by (company)by (person) its (position), Witness my hand and official seal. My commission expires: www Notary Public niiiineisizm,infi Fie;.AmeAwitrsA,D aFior,o Silk^!Rencrvt P ,cZi 3834831 03/27/2012 03:43 PM Page 34 of 45 EXHIBIT I) TO RATIFICATION OF, AND FIRST AMENDMENT TO,THE II.ECLMIATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR EDEN'S RESERVE, A PLANNED COMMUNITY NITY- SPECIAL WARRANTY 1 im (Auscho Fenn) Rxnfic:ti+manti FiLs7.Ame'kfine7,i,:cls;athn:S d:»`s ii sei*e R,v 22 3834831 03/27/2012 03:43 PM Page 35 of 45 SPECIAL WARRANTY DEED! • THIS DEED is dated , and is made between Mark A. Ebcrl andJacquelvn A. Eberi, the "Grantors", of the County of Weld and State of Colorado, and Eden's Reserve Homeowners' :% . Association,1SzG„a.Colorado nf7n•k?i'Oit corporation, the"Grantee.","Lm'lrCiC legal address Iis �theS, WIY'NESS, that the Grantors, for and in consideration of the sum of TEN DOLLARS, ($ 10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grant, bargain,sell,convey and confirm time the Grantee and the Grantee's successors and assigns .forever, all the real property, tow,eier with any improvements thereon, located tat to County of el( and State of Colorado,described as follows (the"Property"): See Exhibit A attached hereto also known by street address as: vacant land and assessor's schedule or parcel number: 1207.21002010 TOGETHER with all and singular the liereditanients and appurtenances thereunto belonging, or in anywise appertainhi t, the reversion', remainders,rent,issues and profits thereof,and all the Cat itse, right, title, interest, claim: and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; EXCEPT, Grantors expressly hereby reserve to themselves and their successors and assigns the redwing: (1) one half of the oil,gas, and other minerals in, on, or under, or that May be produced from, the Property; and (ii) any and all right, title, interest, and claim they have in and to the private irrigation easement on the Property as depicted on the Eden's Reserve. PUP Final Plat as recorded at Reception No. 2722939 in the records of the Clerk and Recorder of Weld County, Colorado. TO HAVE AN!) TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantors, for the Grantors and. the Grantors' heirs and assigns, clo covenant and agree that the Grantors steal! and,-will WARRANT THE TITLE AND DEFEND the above described premises, hwt not any =gaining vacated street or alley,if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grardors except and subject to: L,i none; or the toll-owing matters: any irrigation ditch or other easements as depleted on the Eden's Reserve PUP Final Plat as recorded at Reception No. 2722939 in the records of the Clerk and Recorder of Weld County, and all other mutters affecting the Property shown in the real property records of the Clerk and Recorder of Weld County, Colorado, WFTNESS WHEREOF,the Grantors have executed this deed on the date. set forth above. Mark A.Eheri Jacquelyn A..E.beri STATE OF COLORADO ) ss. County of WELD nits &on esid i'Er:t Amendment,1) t sra eft of Eden',Resnrar 3834831 03/27/2012 03:43 PM Page 36 of 45 The foregoing instrument was acknowledged before me this day ef ,20 by Mark A Witness my hand and official seat. My corn vision expires: Notary Public Nwr.ie and.Address orPersori Creating Newly Created Legal Description.( 38-35-106,5,CRS) • • niaifttaissi wid first.Arnandmenc Ndl::ahcc o:."1;t:=5 newtv1 3834831 03/27/2012 03:43 PM Page 37 of 45 EXHIBIT A TO SPECIAL WARRANTY DEED LEGAL DESCRIPTION: A PARCEL OF LAND.KNOWN AS"OPEN SPACE AND PRIVATE IRRIGATION EASEMENT",AS PLATTED AND RECORDED IN EDEN'S I?ESE.R YE['UD, A SUBDIVISION OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION TWENTY-ONE,TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OP'TEE:SIXTH PRINCIPAL MERIDIAN, COUNTY OE WELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 9 EDEN'S RESERVE PUD AS PLAITED AND RECORDED, WELT)COUNTY RECORDS; FROM WHENCE THE SOUTHWEST CORNER OF SAID LOT 9 BEARS S89C23'39"W, AND WITH ALL,OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE,EASTERLY LINE OF SAID LOT 9,N04"44'41"W,672.58 FEET;THENCE N29°47`5 7"W.671.77 FEET TO THE POINT OF.BEGINNING; THENCE NS9°35'2T"w A.DISTANCE OE 328.15 FEET;THENCE Wi'TF1 A NON-TANGENT cum TURNING'TOTIIT:L.:EFT yam AiN ARC LENGTH OF 1.12.83 FEET, A RADIUS OE' 65.00 FEET,A DELTA ANGLE OF 99"27'14",A CHORD BEARING OF N00"45'07"W,AND.A CHORD LENGTH OF 99.19 FEET; THENCE WITH A REVERSE CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 2223 FEET,A RADIUS OF 25.00 FE.F;I.,A DELTA ANGLE OF 52°I9'48",A CHORD H.E:ARI:NG OE N24°18'50"W,AND A CHORD LENGTH OF 22.05 r EET THENCE N01'51'0513 A DISTANCE OF 143.56 Fl-il THENCE.WITH A€2{.IRV b'I URNI.NG TO THE LEFT WITH AN ARE'LENGTH.OF 140,71 FEET', A RADIUS-OE 260.00 FEET, A DEUTA ANGLE OF 3P00`26", A CHORD BEARING OF N13"39'09"W,AN.D A CHORD LENGTH OF 339.00 PEET; THENCE N29°09`2:2"W A DISTANCE OF 530.42 FEET;THENCE WITH A NON-TANGENT CURVE TURNING TO'THE I.,fEFF WITH AN ARC LENGTH OF 351.38 FEET,A.RADIUS OF 442.22 FEET, A DELTA ANGLE OF 58°28'53", .A CHORD BEARING OF 1\58`2.3'48"W, AND A CHORD LENGTH OF 4 32.04 .FEET:THENCE WITH A REVERSE CURVE TURNING TO THE RIGHT WITH A\ARC'LENGTH OF 37.27 FEET,A RADII'S OF 25.00 F'1 T,A 'DELTA ANGLE OF 8`.'24'41",A CHORD BEARING OF N44°55'.S•$'% ,AND A CHORD LENGTH OF 33.91 I ES:I N02"13'34".W A DISTANCE OF 214.99 FEET;T; ETIENC3 WITH A CUR\`P.TURNING G TO THE RIGHT WITH AN ARC LENGTH OF)9.97 FEET, A RADIUS OF 25.( ?FEET,A DELTA ANGLE OF 91"30'14",A CHORD BEARING OF N43°34'33"E,AND A CHORD LENGTH OF 35.85 FEET: T.H.ENCE N89"22'40)"E A DISTANCE?OF 15.46 H:i.r,T;nIENcE 800`9720"E A DISTANCE OF 184.00 FEET;THENCE N89'22`40"EE A DIS'1'A.NC:E OF 2:5.041 FEET; '-(I:\34"13'_+2"W A. DISTANCE OE 256.94 FEET;THENCE N89°22'40"E A DISTANCE OE 170.64 FEET;THENCE 80097120"E A DISTANCE.OF 165,0O FEET;THENCE 329"47'57"E.A DISTANCE OF 1409.18 FEET TO THE POINT OF BEGINNING, THUS DESCRIBED PARCEL OF LAND CONTAINS 248513 SQUARE FEET OR.5.705 ACRES MORE OR LESS. Rati&.atim and rim.Anaandmrnt,1?eelesM cn Rdenis Reserve Prgv 25 3834831 03/27/2012 03:43 PM Page 38 of 45 Legal Description prepared by: A.MICHAEL RASCAL ., C( I,O.PLS.NO.23500 1052 Sixth Street Court,Berthoud,CO 80513 December 16,2011 • Ratk£uatinn and That Amandmant,€each at:on of Eden"aitcerte #` :o ad 3834831 03/27/2012 03:43 PM Page 39 of 45 EXHIBIT E TO RATIFICATION OF.AND FIRST AMENDMENT TO,THE DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR. EDEN'S RESERVE,,A PLANNED COMMUNITY ROAD MAINTENANCE AGREEMENT (Attached Form) • • Ratit atic,n and t irnn A _ntr:mt,Difeiaatinis iN R:den'5 Rr.st vr. 3834831 03/27/2012 03:43 PM Page 40 of 45 ROAD MAINTENANCE AGREEMENT • This Road Maintenance Agreement (hereinafter the "Agreement") is entered into effective this day of ._._...... , 2012, by and among Mark A. Ebert and Jacquelyn A. Ebert (together the "Eberls") and the Eden's Reserve Homeowners Association, a Colorado non-profit corporation (the "lIOA"). The Eberis and the.HOA.shall be referred to collectively herein as the "Parties," BACKGROUND OF AGREEMENT A. The i3OA consists of eiaht residential lots,known as Lots 1-8, inclusive, of the Eden's Reserve PING) ("Eden's Reserve")as shown on the plat for Eden's Reserve (the "Plat") recorded on September 27, 1999 at Reception No. 2722939 in the records of the Clerk and Recorder of Weld County, Colorado, B. The Eberis are the owners of Lot 9 of Eden's Reserve as shown on the:Mat, C. The owners of Lots 1-9, inclusive, of Eden's Reserve are referred to herein as the ("Lot Owners"). 1). Lots 1-9, inc.hisive, of Eden's Reserve are all served and accessed by the street known as Grace Way, as shown on the Plat. E. Grace Way is a public,non-assessed roadway, hut is not maintained by'Weld County and is instead to be maintained by the BOA. F. Because Lots 1-9 of Eden's Reserve are all accessed and served by Grace Way,the Parties desire to enter into this Agreement to provide for the ry maintenance of Grace Way. YGREEMEN i NOW,THEREFORE, in consideration of the mutual grants, covenants and promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged,the Parties agree as follows: I, I$$ackaround Statements: 'Ube foregoing Background of.Agreement is fully incorporated herein by this reference, and the statements therein are not merely recitals but shall constitute material teens and agreements of the Parties. • 2. Ma ntenance: Ratiit lien:and FFiest,A;;ndrnem.ikc'.aratEon of£de'i's Roseau. rage°( 3834831 03/27/2012 03:43 PM Page 41 of 45 2,1 The costs of repair,maintenance, clearing,trash removal, snow plowing, street lighting (if any), utility charges (if any), property taxes(if any), and other expenses of upkeep and preservation of Grace Way shall be shared, as follows: Party Slain The Eberis (owners of Lot 9) 1/9 or 11,11 % The ROA (shared by owners of Lots 1-8) 8/9 or 88.S9'14 Routine repairs, including repair or replacement of concrete and paving, clearing, trash removal and snow plowing will be conducted by the i-WOA from time to time as deemed necessary by the BOA in the exercise of its reasonable discretion in accordance with paragraph 2.3. in.the event that the number of lots served by Grace Way increases or decreases,the relative shares of the costs of maintenance and repair of Grace Way shall automatically be adjusted accordingly. 2,2 The BOA, and any successor thereto, hereby agrees to act in a reasonably diligent manner in maintaining and repairing Grace Way, The standard.for maintenance and repair for Grace Way to be reasonably followed by the BOA shall be comparable to the standards of maintenance and repair followed in other similar residential estate zone developments of comparable size within Weld County. Notwithstanding the prior sentence, the BOA shall be deemed to have satisfied its obligations as provided hi this Section if Grace Way is maintained and repaired in a manner and condition as di ected by the approval of not less than.two-thirds(2/3)of the Lot Owners, 23 The following terms and conditions shall govern with respect to repair and maintenance: (1)the costs and contractor to perform any such repair and maintenance improvements beyond customary plowing of snow or filling of potholes shall require the approval by vote or written Consent of not less than two-thirds(2/3) of the Lot Owners, following notice from the BOA of the plan to make such improvements and an estimate of the anticipated costs; (ii) if the Eberly or any owner in the BOA shall fail or refuse to pay any such invoiced amount within 30 days, such failure shall be considered a default on the terms of this Agreement. The amount of such unpaid invoice or special assessment, together with interest on such amount accruing at the rate of one percent(1%) per month, shall constitute a lien upon the delimiting owner's lot upon the recording of notice thereof; and(iii) the non-defaulting Parties shall be entitled to initiate legal proceedings against the defaulting lot owner to collect all amounts due hereunder, In any such legal action,the defaulting owner shall be required to pay all of the costs and expenses of such proceedings, including the costs, expenses and attorney's fees for filing a notice of claim of lien and all reasonable attorneys' fees incurred in connection with such legal proceedings. 3, Enforcement Provisions • Rafifs2,EiwS`nti Fir5n Acneix,me!it,₹ni339aw,E??Edars Rzsc,Yc Page 29 3834831 03/27/2012 03:43 PM Page 42 of 45 3.1 The Parties agree that they will not.use Grace Way in a manner inconsistent with the others' rights of access and use thereof, The.Parties agree not to park.vehicles on Grace Way Or place or store any equipment or materials or place or construct any structures, whether temporary or permanent, on Grace Way. 3.2 In the event of violation of the teens of tilts Agreement by a party,the other party hereto may give written notice to the party in violation at the last known address of such party. Such party shall have 24 hours to remove or Ci)rreet. the t'iolatFt:n, it the Y'loiatrng party fails to do so, the other party hereto may remove or correct the violation, if possible, and that party shall be entitled to reimbursement for all expenses incurred in conjunction with remedying the violation.. Injunctive relief shall.also be available in the event of violation(s)or threatened violation(s) of this Agreement. 3,3 Each party agrees that, upon request of the other party, it will certify from time to time to any person designated that there are no breaches of this Agreement, or, if the certifying part,' believes that breaches may exist,then such party shall specify, in.detail, the nature of the breacb(es). 1f any party fails to respond to such request within 20 days of the date of the request, such failure to respond shall be deemed a violation of the terms of this• Agreement which shall entitle the requesting party to the remedies set forth in paragraph 3.2. 3.4 This Agreement and the terms, conditions and provisions hereof may he enforced by the Parties hereto and their respective successors, assigns and.personal representatives; and in the event legal or administrative suits or proceedings are brought against any party for the purpose of such enforcement,the prevailing party shall recover from the non-prevailing party all costs associated therewith, including, but not limited to, reasonable attorneys' fees. 3.5 The BOA and any successor thereto shall maintain a comprehensive system of books and accounts showing and reflecting the costs and expenses of the maintenance and repair of Grace Way. All such books and records shall be available for inspection by the Eberis • ac a reasonable time upon a request for such.inspection by the Eberls. 4. Rights and Obligations of Successors This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns and personal representatives, and the burdens and benefits hereof shall run with the land and shall be appurtenant thereto. IN WITNESS WHEREOF, the parties hereto have executed this Road Maintenance Agreement the day and year stated herein above: aAf r.cA kw and firsthmendinu'r.,et^.idiAaJCi Ee.Ldm,'s%p'ave 13g.e 30 3834831 03/27/2012 03:43 PM • Page 43 of 45 THE BOA: EDEN'S RESERVE HOMEOWNERS' ASSOCIATION By: Its: STATE OF COLORADO )ss. COUNTY OF WELD ) The foregoing instrument. was acknowledged. before ra ; this day of 2012, by , as of Eden's Reserve Homeowners' Association, a Colorado eo[poratmn. Witness my hand and official seal. My commission expires: Notary Public Re: Icathic ? ss-st ott,J;neat.Nttc,t so,of 3:;dcr,'s:�•:x;:n 3834831 03/27/2012 03:43 PM Page 44 of 45 THE EDER'.S: Mirk A.:Eberl Jacquelyn A. Ebert STATE OF COLORADO ) )ss. COUNTY OFWEl:T) The ibregoing :instrument. Was acknowledged before me this day of 2W 2, by Mark A.Ebert and Jacquelyn A. Ebert Witness my hand and official seal. Mc commission expires: Notary Public. CONSENT OF THE OWNERS OF LOTS .t$ OF EDEN'S RESERVE; and Michael Anthony Nand Revocable Mary Ellen Nand Revocable Trust, Trust, Owner,Lot I Owner, Lot and Bradley J.Fedorczyk, Owner, Lot 2 Deborah E. kedorezy k, Owner, Lot 2. Belle R. Conway, Owner, Lot .7 and Derek Skelton, Owner, Lot 4 __._. Mark Skelton, Owner, Lot 4 and fames E.:. Lohr, Owner, Lot 5 Rebecca L, Lit, Owner,Lot.5 and Curtis Schrick, Owner,Lot 6 Denene I#. Schricl<, Owner,Lot tj and John . vtltetoe, Owner,Lot 7 Ve'rna.i. \'ittet?e, Owner,Let 7 ?tuiYlrbaibn bs1 First Amendmimt,.rk is utio ofakit,o's.R' s<ss't. P4;(.' 3834831 03/27/2012 03:43 PM Page 45 of 45 and Lut {T es K. Wilson, Owner,Lot 8 Kristin(1 Wits 3n Owner, Lot 8 • • • • tindliatiai and First Amad rant,Dat t on of c3&i'•:Re+:erae Page 33 Hello