HomeMy WebLinkAboutSUNOL ACRES (LOT 1, STROEBEL M.R.D.) - PDP - 31-97 - SUBMITTAL DOCUMENTS - ROUND 1 -.4.
through a duly written and recorded Instrument: provided, however. that this Declaratko may not
be amended without the written consent of the Declarant. so long as the Doelaratit owns a Lot
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within the Pmperrj. The provisions of this Declaration pertaining to the maintenance of the Reads
may not be altered or amended without the written approval of the Board of County
Commissioners of Lorimer County or a municipality should the Property be annexed to such
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municipality a a fum.. date.
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Section 5: i-imftarient on the Asqocistlon. Unless seventy-five percent (75%) of the
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Owners and seventy five percent (75%) of the First Mortgagee have given their written approval,
the Association shall not be entitled to:
(a) Change the method of determining obligations. assessmenta, dues, or other
charges which may ba levied against an Owner, or
(b) By act or omission change, waive, at abandon any wlcwa of regulations or
enforcement thereof pertaining to the architecnusl deti$n or exterior appearance of'any building or
other ttiwctim or the upkeep of Lw wand planting within the Property.
:- $ & Notice of __� faole The Association shall pmvWc each First Motgagee with
written notice of any default in the performance of any obligations under these covenants by Its
mortgagor which is not: aced within ddny (30) days. 71ta Association shall also sad to each First
Matgagaa a copy of any notice of lien provided for hQEi1L
IN WM4ESS WHEREOF, the Dcelm=t has caused this Declaration to be executed so as
of the day and year first above written.
vin Strobel
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Section 3: t1radinff- Each Owner of a Lot shall maintain the grading And drainage
patterns of the Lot as kidlicated in the subdivision plans on file with the planning Office Of LAHMW
County. Colorado.
Section 4: Wamr Flow, Mhe Owner of a I.At shall M impede or hinder in any way the
.water falling on the Lot from reaching the drainage courses established for the Lot and the
sett pro
petty.
- DisclafiMCL The Declarant shall not be liable for any less or damage to the
Section 5.
dog fiurt, or in any way connected with soil
improvements construcod on any Lag caused by. r=W
conditions on any LADL
ARTICLE VIIL r-ENERAL PROVISTONS
Section 1: Fit ement- Enforcement of this Declaration shall be by appropriate
proceedings at law err in equity against dtose persons or entities violating or attempting to violate
='�` `' any covenant. cordidon, a resaicdon herein eonainted Such judicial proceedings shall be for the
urpose of removing a violation resuainin a futtue violation. for roeovery of damages [o any
violation, o for such other and [urtlter relief as soy be available Such judtcul proceedings may
`ram, be prosecuted by sa Owner. by the Architoctrcal Control Cotmnittee or b� the Assodadoe Lt the
Y �;. went it becomes ntecessary to cornnteetex an action to enforce this Deelanuen, the mart shall award
°: to the prevailing m such Gtigadon in addition to such damages es the Court troy deem just
�'�r- and proper, a� um equal ro the costs and reasonable attomey's fees incurred by the
abatementa' prevailing party in oonoectiar with such litigation Ilte hilure to enforce or to cause the
of y violation of this Declaration preclude or prevent the enforcement thereof or of a
further or continued violatio4 whethersuch violation shall be of the same at of a different
provision of this Declaration.
Section 2: Sevembili 3r, Should any part or puts of this Declaration be declared invalid
or Ulm, -riforceable by any court of competent jurMiCtiO06 such decision shall not affect the validity
of the remaining ptovision&
Section 3: Duration. 'Ibis Declaration shall run with the land. "I be binding upon all
persons owning Lasand any persons hereafter acquiring said Lots, and shall be in Weer for a
period ofthitty (30) years from and after the due hereof, after which period this Declaration shall
automdcafly be extended for additional periods of ten (10) years each unless the Owners Of
seventy -
rive percent (75%) of the Lots and seventy-five percent (75%) of the Fist Mortgagees
shall ciccL in writing duly filed, to terminate this Declaration at the end of said specified period; in
which ease. this Declaration shall cease to be and &WI be of no further force or effect.
Notwithstanding the foregoing. the provisions of this Declaration penaining to the maintenance,
repair, and renovation of the Roads shall not expire, but shall be perpetual unless specifically
lsiiR micased by the Board of County Commissioners of Larimer County Ora municipality should the
be annexed -.a Pc4 natiikitnifty at a Um d;.m
SOCtkA 4: zmcn
AMMdrj or tXd in whole or in
tills Declarsc,.on try be ah�ed
Y-!ivc pc=nt (75%)of the Lots so elect
'part at any time the fte recot cd Owners of sevent
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Section 24: Trash CDflection. The Association shall have the right to require that any
trash collection within the Property be performed by one company and that cash be collected from
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all Lots by such company on the same day of each week. The Association shall select the trash
company based on competitive bids. The cost of trash collection shall be paid by each Owner
directly to the trash collection company. and the Association shall Dot have the duty to assess the
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cost of trash collection as a Common Expenses Nothing herein contained shall be construed to
This Section 24 not
prohibit an Owner from personally disposing of trash from his Lot shall
apply to a contractor during the construction of a Residential Dwelling or other improvements on a
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Lot. Contractor may dispose of trash. rubbish, debris, and other construction materials from
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the Lot either personally or by contracting with a trash collection company. The trash collection
company may eve trash, rubbish, debris, and other construction materials from the Lot during
the construction of the Residential Dwelling as often as the watractor deems appropriate.
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- Section 25: Mineral .xaa tiott No mining or extraction of oil. gas, gmvd, or other ..
minerals shall be permitted on an Lot '
Section 26: CalM All Dwellings and other structures constructed on any Lot shall be
stained or painted earth -me colon as approved by the Architectural Control Commatw
Section 27: Siding, Not less than thirty per (30%) of the gross area of the front of
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each residence shall be constructed of brick or other masonry approved by the Architectural
Control Committee. The gross area of the second stay and the gunge door shall be excluded from
the gross area of the froat of the msidenoo for purposes of determining the percentage of brick to
be included on the fseat of the Residence The ate of the front door and my windows shall
be included in determining die total gross an of the ttoot of the Residence.
Section 2g: RmL The roof of each Residence shall have a minimum of 6112 pitch and a
minimum overhang of twelve (12) inches Roof material to be cede wood shingles (82 or better).
Section 29. Driveways_ All driveways shall be constructed as approved by the
Architectural Control Committee The Owner of each La shall instill a culvert at the entrance to
his driveway u required by the Latimer County Engine r.
Section A Reatbdi 'si - No LAX may be further subdivided without the approval of
teventy-five pemrnt (75%) of the members. Except for Lot I which Ownen may subdivide once
without approval of the member. in the event of the subdivision of Lot I into two new lots, the
Owner of the two new lots shall automatically become Members of the Association and subject to
the covenants and by-laws thereoL This provision shall ors be consmxd to prohibit or prevent the
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dodieafiea or conveyance of any portion of a Lot as an easement for public utilities.
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ARTICLE VIL DRAINAGE
Section 1: L The soils within the State of Colorado consist of both
expansive soils and low -density soils which will adversely affect the integrity of the Residence if
the Residence and the Lot on which it is constructed are not properly maintained. Expansive soils
eoania clay minerals which have the characteristic of changing volume with the addition or
subtraction of .aura, thereby resulting in sweJing and/or shrinking soils Thor s+tidition
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moisture to !ow-4*wty soils =us . zralipwr-! at' sod grins, thereby ra.:ting in eonwGdasion
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and/or troll.• pse cf :he soda
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Section 19- UdsLam Nothing shall be done or permitted on any Lot which is or may
..-comc a nuisance. No obnoxious or offensive activities or commercial businesses or tisda shall
t conducted on any Lot, except boom occupations as defined and permitted by the zoning
_:.Iudon of Larimer County. Colorado, or other governmental entity having jurisdiction ever c ,a
perty. No W shag be used. in whole or in part, for the storage of any property or thing
wi:l cause such W to appear in an unclean or untidy condition or drat will create an eyesore. 00
subsmace, thing, or material which emits foul or obnoxious odors or causes any noise that mi 09
disturb tine peace, quiet. comfort. or Serenity of the occupants of surrounding Lots shall be
Section 20: 6aim*lt No animals, livestock. or poultry of any kind shall be raised.
bred. or kept on any Lot, with the following CXCCPUM
Household pets such n doss and eats "I be permitted on any Lot, provided that
all dogs shall be restricted by leash or chain or confined by fewe within the Lot or are Properly
trained and are at all times within the control o(at.,J c%=Ucd by the Owner. Household pets may
not be kept, bred, or maintained on say Lot for commercial purposes. No in= than two (2) adult
dogs and two (2) adult cats shall be kept on any one LoL. Livestock shall be limited to no mom
than two (2) horses or two (2) 11anut per W for recreational purposes only. No stallions over
sixteen (16) months of age are permitioiL.,-
Section 21: �rna%%M Destruction of jm==mcnts- In the event any Residence or
other structure constructed a Log is damgcd, cittict, in whole or in part. by rim or other
casualty. said Residence or other structure shall be promptly rebuilt or remodeled to comply with
this Dccbmdm or in the alternative. if the Residence or other structure is not to be rebuilt. RU
remaining portions of the damaged suucmm including the foundation and all debris, shall be
promptly removed from the 1.*% and the Lot shall be restated to its "mral condition existing prior
to the construction of the Residence or other strucaire.
Section it Storage Tanks and Containers. No elevated tanks of any kind shall be
crected, placed, or permitted to remain on any Lot unless such tanks are screened from view from
other Lots And from the swat by fencing or landscaping in a manner approved by the Architectural
Control Committee. All air conditioning. refrigeration, cooling, heating. or other mechanical
equipment or system which is located outside of a Residence or oil= structure on a Lot shalt be
screened from view from other Lots and from the streets by fencing or landscaping approved by
the ArchimcmMI Control COmmimr-
Section 23: Sjjm No sip of any character shall be displayed or placed upon any Lot.
with the following exceptions:
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(a) Out: (1) sip per Lat of not more than six (6) square feet in too area
advertising a W for sale shall be permitted on any Lon
(b) The Doclarant or the Association shall have the right to place a permanent
sip at the entrance l0the Property idcmifying the denlopment:
(c) Until such time as the Declarant is no longer the Owner of a Lot. the
Decivitnt or %is agwts shall have the right to place one or more signs on the Property. without
jimint:iou of size, offering the Proycrty 06 J.012 of 6C PMPCItY fir s;.Ic; And
(d) Additional jigns may I%- jimmmod if appiuvc4 bw the Architcct -id Co-Luo'
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Section 12. B +ildina size_ No Residence shall be erocted. altered, a permuted m
,. remain on any Lot of the Pro�per7 unless the ground floor area thereof. exclusive of 6wmcnts. i
( open porches. and garages, isnot less titan eighixn hundred (1.8W) square fed for asingle-carry ^j
t Residence and a total of twenty-one hundred (2.100) zquzr feet fur a muiu-level Residence ilte f
t square footage of basements, wwk-outs. and garden levels shall teat be included in determining the
:. squaro footage of a multi -level Residence. For purposes of this provision: the terms "basement."
"walk -out." and "garden levels" shall mean any level, a portion of which ls constructed below the
r ground elevation.
Section 13: CiiamFGi. Each Residence shall include an attached or detached garage
having space for not less than two (2) vehicles nor more than four (4) vehicles
_ Section 14: Feltner, If the Owner of a Lot desires tofence the perimeter boundary of
the Lot, the fence shall be a greet -tinted, minimum two -mil, tenon-jointod fence. Except for the
cast line of Las 3 and 4, the north property line of Lot 4, and the south propene line of
-y Lot . whkh may be barbed v rc fence. Ilea vesting wood fence on La 1 is acceptable until such
.time that it is replaced and tr ce it should conform m this section. An Owner may construct a -
Qnv�ry fence around a patio , dock garden. or other enclosed era, provided that such farce shall
be apFoved by die Architectural Control Comrrrittee
Section 15: nline_s. Any clothesline tobe installed on the Property most be
_ approved by the Archit2:wClorhe
ro Control Committer.
Section 16: Antennas No antenna or other device for the transmission or reception of
television or radio signals or any other form of electro-magnetic radiation, including, by example
and not limitation, satellite dishes, shall be erected. used. or maintained outdoors on any Lot.
whether attached to a building or structure or otherwise, unless approved by the Architectural
Control Committee.
j sTY` Section 17: 11 r of Vehicle•- Beats. campers. recreational vehicles, snowmobiles.
s+ . all -terrain vehicles. motor homes trailers, machines. and inoperative automobiles not be
stored or permitted to remain on any Lao except within fully -enclosed garages or within fully -
screened. fenced areas approved by the Architectural Control Committee. For purposes of this
provi ion, any disassembled or partially disassembled car or truck. or any car or truck which has
not been moved under its own power for more than one (1) week shall be Considered an
inoperative automobile subject to the terms of this provision. The Owner of Lot 1 shall be
permitted tostore farm implements on his lot until June 1,1996
Section lft Maintenance of Lots ts. Each Owner shall keep or cause to
be kept all buildings, fence& and other structures located on his Lot in good repair. Rubbish.
refuse, garbage. and other solid, semi -solid, and liquid waste shall be kept within sealed
conminas, shall not be allowed to accumulate on any Lot, and shall be disposed of in a sanitary
manner. No Lot shall be used or maintained as a dumping ground for such materials. All
containers shall be kept in a neat. clean. and sanitary condition and shall be scored inside a garage
a other approved structure. No trash. litter. or junk shall be permitted to remain exposed upon
: A any La and visible from adjacent srras or other Lots. Burning of trash on any Let shall be
prohibited. No lumber or other building materials dull be stored or permitted to remam on any Lot
ce;:ss screened from view from otter Lots and from the arises. except for reasonable storage I
during constr czia:
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endfCe^In[. �Illlln til(Ca \+) IlWnths after the issuarm of a eertliiCatO Of
4 occupancy for the Residential Dwelling, the Owner shell submit two (2) complete copies of a
lamiscaye plan m the AmAtx;.• _l Con- C.,.. �i ss 10 ir^dscape plan Fall show the k silo^
of any trees, shrubs. gas:, or other landscaping on the Lot at the'time of application and all trees,
to be instilled on the Lot no Architectural
shrubs. gram and other landscapin:9Control tree shall review the posed
e plan m determine whether the proposed landscaping
! is compatible with landscaping installed or proposed on other Lou within the Property. whether
• ' ..; the Property and whether
the proposed landscaping will maintain a haoniorelationship within
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the proposed landscaping will serve to preserve and enhance the values of Lots within the
Properr)r. Should the Architatunl Control Committee fail to approve or disapprove the landscape
plan within thirty (30) days after a completed landscape plan is submitted to the Architectural
Control Committee. then such approval shall not be required. All landscaping show^ on the
landscape plan shall be installed on the al by the Owner within one (1) ye
ar after issuance of a
ardf sate of occupancy for the RA Dwelling constructed on the Lot Prior m completion
Of
' e Lot
the landscape plan, each Owner is responsible for maintaining his Lot. including keep'
free of debris, trask and weeds. Large a dons of the La may be maintained in the native state.
subject tothe approval of the Asehitca rid Control Committee•
l::%, If the Owner fails m submit the lardscape plan to the Architectural Control Committee ..
within three (3) months after the issuance of a eermfteata of occupancy for the Residence
constructed on the Ownces La or if the landscape plan submitted by the Owner is not acceptable
d-. m the Architectural Control Committee. then the Association shall have the right, but not the
e:. obligation, to eater upon the Lot and install such landscaping asthe Architectural Control
committeedeems appropriate
with the landscaping on other Las within the Property. if
the Owner fails to
install all landscaping shown on an approved landscape plan within one (1) yeas
after the issuance of a eatificate of occupancy for the Residential Dwelling constructed on the La.
then the Association shall have the right but not the obligation, to enter upon the Lot and install the
shown on the landscape lan- In the event the Association installs landscapingon a
cam: landscaping lk?•
I.ot pursuant m the terms of this provision. the Owner shall reimburse the Association for vests
and expenses incurred in installing such landscaping within ten (10) days after notice from the
Association for the costs of installing the landscaping as herein provided. such costs shall become
3 an unpaid assessment. which may be collected by the Association in the cams manner as all Other
r" assessments pursuant to Article V of this Declaration.
• Section 9: 1Ise Restrictions and Bvimintr'M1rt+r• No building or other structure shall be
uected, altered. placed, or permitted to remain on any Lot other than one (1) single-family
: Residence per Lot with attached or detached garage, and other appurtenant structures. Out
buh7di p for livestock or storage must be approved by the Architectural Control Committee and
..:, i - may not use metal siding or roofing.
Section I& Te�oonary SM&M =a No stntcorres of a temporary eharaew, including.
by example and not limitation, trailers, converted trailers, shacks. basements, tear. gauges, or
accessary buildings, shall be used on any La as a residence temporarily err Permanently.
_ section l l: ht prance at tnre.<•±•^onat s. No Etna• wall, hedge, or shrub planting
�=E which obstructs sight lines as elevations between two (2) feet and six (6) fat above the street shall
be placed or permitted to remain on any corner La unless it is placed at least thirty-seven (37) fat
;ge frusti the iaesection of both suects. No tree or obstruction shall be permitted to remain on a
conies La unless the `.^liagc 'lce is maintained at suf6dent height to prevent obstruction of sight
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Section q: Rules and Quidellnes. The Architectural Control Committee may issue
rules setting forth procedutrs for the submission of plans for approval and nuy also issue
guildelinea setting forth the criteria that the Architectural control Committed will use In considering
T plans submitted to it far approval
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Section S: Review of pion. and CimsR_cAtim The Architectural Control Committee
shall consider and act upon any and all requests submitted for in approval The Architectural
Control Committee shall approve plans and specifications submitted to it only i! it determine the the construction, alteration, and additions conteorpLaW thereby. and in the location as indiated,
will comply with this Declaration. will serve to reserve end enhance the values of lots within the
: Property, and will mai an harmonious relationshipp among stnu tutus vegetation. topograPhY,
and the overall development of the Property. The Arehiteetural Control Committee shall consider
the quality of workmanship, type of materials, and harmony of exterior design with other
yResidences located within the Property. Should the Architectural Control Committer fail to
,r approve or disapprove the plans and spedfications submitted to it by an Owner of a lot within ,
thirty (30) days after compieto auba+idon of all required documents, then such approval shall not
structure shall be erected a allowed to required provided, however, th., no building a other -
_s: on any lot which violates the covenants or Ms trictions contained in this Declaration. Thor ,
n of inconsistent with this
issuance of a building permit a license for the constructio
Declaration shall nor prevent the Assodation or any Owner from enforeirtg the provisions of this
Declaration
Section & No Wiver of Future Aotrroval. The approval by the Architectural Control
3 Committx of any proposal or plans and specifications for any waft to be done on a lot shall not
be deemed m constitute a waiver of any nght m withhold approval or consent toany similar
proposals, plans, specifi ation& drawings, or other tatter subsequently or additionally submitted
for approval by the same Owner at by another Owner. 1
- Section 7: ConstructionCanscuetioa of a Residence or other structure approved by
the AmItitecnval Control Committer shall commencewithin twelve (12) months after approval the plate and spttifieadons. and the Owner shall thereafter proceed diligently with such
concoction. The exterior of any such structure shall be completed within six (6) months of the .
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date of commencement of construction. The Architectural Control Committer may grant an
on is requested by
extension of the foregoing time periods for good cause and when such extensi
the Owner. Upon approval of plans and specifications for the construction of a Residence on a
lot, the Architectural Control Committer shall have due right to require the Owner of the Lot to
deliver to the Architecnaal Control Committee a reasonable amount not to exceed Two Hundred
;' . Fdry Dollar (f?SO) m be held by the Asltiteetmal Control Committer as a clean-up deposit ("the
w`+" Deposit'} Ibc Deposit shall be raurtued w the Owner within thirty (30) days after the Residence
^i� .. has been completed and all excess debris removed from the I oe If the exterior of the Residence is
not completed within six (6) months after the date of eotnmeru cmerrt of construction. then the
' _ Ownet shall forfeit the Deposit (Forfeittue of the Deposit based upon the failure m complete
consuucrion of the Residence within the time pertuitted shall trot liati[ any right which the
.y Associatioti rosy have to enforce the terms o! this Declaration.) It the Residence is completed
within six (6) months of eommeticeaunt of oonsmsction but all excess debris hat not been
�• � removed flan the I.a within such time period. then the Ard»tecntral Control Committer shall have
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the right. but not the obligation. to enter upon the l.a and remove such excess deduct
the cost of such removal from the Deposit. The balance of the Deposit. if any, shall be returned to
the Owner within thirty (3(! days &fur all excess debris has been removed f m die I.oe
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Architecnud Control Canmiaea shall be pursuant to this Declaration. and any APPMYRI gnnmd
sh:1atts m b1 net be considered approval of the structural safety or inteerity of the improverne
buillddmg zoning resolutions,
constructed or conformance of such improvements with codes.
subdivWon regulations, or other governmental rules and regulations applicable to the Property.
Section 2 ControL No construction. alteration. addition, modification, decoration,
redecoration, or reconstruction of any building, fence, wall. structure, or other improvement
within the Property shall be cotr m=cd or maintained until the plans and specifications thereof
shall have been approved by the Amhiteennal Control Committee.
_ 'Section 3: Submiadnn Bach application for approval shall include the fallowing . .
... " . 4. (a) Two (2) complete copies of a site plats of the Lot The site plan a" show,
'. the following information with a sale of one (1) inch on the plans for each twenty (20) feet of
actual distance on the Lac :
(1) Fimahedelevation ocftheImprovement;
r - CZ)) ldi mfootprintdimensions from front rear. and side
property I of the Lot;
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(3) Driveways and walkways located on the LAM .
": ° .... (4) Any eaiating structures on the LAC and
(5) LA=donof WVrovemans with resources to utility Una and
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(b) Two (2) complete sets of construction plans and specifications. Said plans
and specifications shall include the following minimum information:
Rcside=6 which plans shall tins
(1) Floor of all levels of
sufficicaddetail describe thns
e te elements of the floc plan design:
(2) Total xpure footage for each level of any Residence;
(3) Building elevedons on an sida of the proposed structurt:
sufficient detail to determine roof form and material. window
locations, siding mucrial, and door placemmC
(4) A written description of the materials to be used in the toot and
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exterior walls the smtccne;
(5) The sift, type. and material to be incorporated in any fencing to be -
looted on the LoC and
(f) The color of any paint or stain to be applied to the improvements
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Section 4: t tebilary of Grantee Except for a First Mortgagee who acquires tide w a
Lot pursuant to foreclosure or a deed in lieu of foreclosure as provided in Section I hereinabova.
the grantee of a Lot shall be indy and severally liable with die grantor for all unpaid Assessments
assessed the Lot essed and due prior to the time of the grant or conveyance. without prejudice to
the granteem 's right to recover from the grantor the amounts paid by the grantee; provided. however.
that upon written request and payment of a reasonable fee established by the Association not to
exceed Twenty Dollars ($20), any such prespecuve grantee shall be entitled to a statement from the
Association setting fords the amount of the unpaid Assestmenu, if any. with respect to the subject
Lot the amount of die current Assessment the period covered by the current Assessment: the data
the current Assessment comes due; and the statement shall be conclusive upon the Association.
Unless such request far a statement of indebtedness shall be iled with by the Associadoo
within ten (10) days of such request. then the grantee shall not be liable for, nor shall the Lot be
conveyed subject to, a lien for any unpaid Assessments against the subject Lot as of the date of the .
requestfor stattatseat of indebtedness
' AR'IICLEVL AaCHrtFCRmALCOP7iROL-
Section 1:' ' Archi oral Control ommittee- .
(a) M embershilL The Architectural Control Committee shall initially consist of
two (2) persons. So long as the Declarant is the Owner of two (2) or more Lots. the Declarant
shall appoint the members of the Architectural Control Committee^ At such time as the Declarant is
no longer the Owner of two (2) or more Los within the Property. then the members of the
Architectural Control Committee shall be all members of the Assoctadon.
(b) Ic= Each member of the Architectural Control Committee shall serve at
the pleasure of the person or entity appointing such member. In the event of the death or
resignation of any member of the ArcWtectural Control Committee, the person or entity that
appointed such member shall appoint a successor-
(c) DecisionsAll decisions of the Architectural Control Committee shall be by
a majority vote of those members of the Committee present at a meeting at which a quorum us
present. A majority of the members of the Architectural Control Committee shall constitute a
quorum.
(d) nsnpon, The members of the Architectural Control Committee shall
out be endued to any compensation for services performed pursuant to this Doclarzom
peieration. The Arehitecaual Control Committee shall have the power to
delegate the responsibility for reviewing any application submitted to the Architectural Control
Committee to a professional architect, Imidscape architect, engineer, or other professional puwmi
who is qualified to pass on the issues raised is the application. The Architectural Control
Committee shall also have the power to require that the applicant pay the fees reasonably insured
by the Architectural Control Committee in retaining such professional to review the application
submicad
(l) Nonliabilirv- No member of the Architocnnal Control Comrnittec shall be
liable to the Association i s to uny `)vmer cT member fo• any loss. damage, or injury arising Oct of
ors. conrxcUoo wt h the performance of the :_utic; jf r- Architectural Control Co . nutree uwier
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ARTICLE V. LIEN PORN Yb'EM OF ASSESSMEIYiS
Section 1 Pffeet of Nonpayment of A se ment Remedies of the •edoen_ k
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shall be the duty of each Owner to pay his proportionate share of all Assessments made by the
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Association pursuant to this Declaration. Unpaid Assessments shall ben interest from the due due
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until paid at the rate of eighteen percent (18%) per annum In addition, any Owner who fails to
Association
pay an Assessment when due ("the Defaulting Ownen shall be obligated to pay to the
on demand all costs and expenses lncmred by the Association, including reasonable attorneys
i:.
fees, in attempting to collect the delinquent Assessment. The total amount due from a Defaulting
Including unpaid Assessments, id attorney's fees, shall constitute a lien
Owner, interest. toss, an
on the Defawnng Owner's Lot prior to all other liens and cneumbranees, recorded or unrecorded.
cxcepc ..
7.
`
a ... (a) Taxes, special assessments. and special taxes theretofore or thereafter levied by
any political subdivision or municipal corporation of this state and other state and federal taxes
which. by law. are a L<:a on the interest of such Owner prior to the preexisting recorded
encumbrances thereon: And
+r a (b) All stun: paid on a Fuss Mortgage.
.The liar for unpaid Assessments herein created shall be prior to and saxpenar to any homestead
by any law or the United States or State of
`I
exemption or other exemption under or virtue of
Colorado now existing or hereafter enacted; and each Owner. by acceptance of a deed to a Lot.
expressly waives and releases any such homestead right or exemption. but only with respect to the
' .
Assessment lien. Any First Mongagee who obtains title to a La pursuant to foreclosure or a deed
in lieu of foreclosure win acquire such Lot, free and clear of any claim or lien for unpaid
as is which accrue prior to the date the Fast Mortgagee would be entitled to receive a deed
from the public trustee. sheriff. or other foreclosing agent. regardless of whether the Fire
�-^,
"
Mortgage actually obtains or records such deed
Section Z Pvidenee of Lien- To evidence such line for unpaid Assessments. the
Association shall prepare a wriaen notice setting forth the amount. the mama of the Defaulting
Owner, and a description of the Defaulting Owner's Lot. Such notia shall be signed on behalf of
the Association by in officer of the Association and shau be recorded in the retards or the Clerk
by foreclosure by the
and Recorder of Larimer County. Colorado. Such Gen may be enforced
The lien
*'
Association of the Defaulting Owner's La in like manner as mortgages on real property.
f i
provided herein shall be in favor of the Association and for the benefit of all Owners in any such
i'aeeosure, Defaulting Owner be required to all costs and expenses of such
the shall pay
proccedxngs: the costs, expenses, and attomry's fees for riling the notice of claim of lien; and all
reasonable utorney's fen incurred in connection with such foreclosure. The Defaulting Owner
shall also be requited topay to the Asmciaton any Assessments due and owing during the period
of foreckwum and the Association shall be coated to the appointment of a receiver to collect the
:-
.. same:. The Association shah have the power to bid on the Lot at the foreclo o m sale and m
acquire, hold, lose, mortgage, and convey the same. Any encumbrancer holding a Gen on a La
may, but shall not be required to, pay any unpaid Assessments due and owing with respect thatux
'mot
and upon such payment, such encumbrancer shall have a lien on such Lot for the amount paid of
the shrine rank as the lien of his or its encumbrance.
p>;;se�J Oblinticn to Pay Ass's<_ments_ Asseurnenu tune by the
„
Araeaty n against e:cn 0. ier sC+ll !tee per and indivduL: debt of the Owner atthe time
that Ane"nrat is rode Juit ao recur a stoney Iutigmten: nor c,ryatd Assessments. interest.
"
costs expenses, and attorneys fees shah be r�intainahle without foreclosing or waiving the lien
f0emm . the Same.
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$action, 3: Soeciat Asa«++±cots for Canitsl Irrorovenxnn In addition to the annual
' Assessments authorixed above, the Association may levy, in any assessment yur. a spacial
Assessment applicable to that year only for the purpose of defraying, In whole or in the cost
of any constructio,t, reconstruction, repair. or tephccement of the Ronda. yrmddall�at+++Y such
Assessment shall have the assent of seventy-five percent (75%) of rises votes of the Members who. '
am voting in person or by proxy at a meeting duly called for this purpose.
Section 4; �i and Quorum Rx env Action ALthori+ed t to 'ea Section':_ Written
notice of any meeting called for the purpose of taking any action authortrod under Sc
cnon 3 shall
be sent toall Members not less than thirty (30) days not mom than slaty (60) days in advance of
the meeting. At the first such meeting called the presence of the Members or of proxies entitled to
_ east sixty peroent (6D%) of all the votes of the Membes quorum.
shall constitute a If the required
- quorum is not presets4 another meeting may be called, subject to the same notice requitement. and
y
+ the required quonun at the subsequent meeting shall be one-half (42) of the required quortun at the
I g meetng: No such subsequent recent) ng shall be held more than sixty (60) days following
meeting. .
Section 5: UnYomm Rate of Assessment. Both annual and special Assessments must
r. be fixed at a uniform sate for W Lori
Section &Msintenance bX i Arimer unty_ In the event the Association
ry shag fail o maintain the Rands in a reasonable order end condition ur accordance with the Oti�1a1
plan submitted with the final subdivision pL4 the Board of County Commissioners far Lamont
County may serve written notice upon the Association or upon the Owners setting forth the manner
in which the Association has failed to maintain the Roads in a reasonable condition, and said notice
-Z shall include a demand that such deficiencies of maintenance be cured within thirty (30) days
thereof: anti shall state the date and place of a hearing thereon. which shall be held within footrace
(14) days of the notice At such bearing, the County may modify the terms of its original notice as
to the deficiencies and may give an extension of time within which they shall be cured. If the
deficiencies set forth in the original notice or in the modifications thereof are not cured within thirty
(30) days or any extension thereof. the County. in order to preserve the taxable values of the
Property and to prevent the Roads from becoming a public nonce and public liability, may
undertake to maintain the same for a period of one (1) year. Before the expiration of said year. the
County, upon its initiative or upon the written request of the Association. shall call a public hearing
upon nonce to such Association and to the Owners, to be held by the Board of County
a. Commissioners, at which bearing such Association or the Owners shall show cause why such
'N maitucru rice by the County shall nod at the election of the County, continue for the suing
yar. If the Board of County Commissioners shall determine that the Association is ready and able
tomainain the Roads in a reasonable condition, the County shall cease to maintain the Roads at
the cod of said year. If the Board of County Commissioners shall determine such organiration is
not ready and able to maintain the Roads in a reasonable condition. the County may. at its
disaedw Continue to mainmin said facility during the next suaxoding year. subject to a srmiLr
bearing sod desermimtion in cub yea thaafka.
The coat of such maintenance by the county shall be paid by the Owners, and any unpaid
Assessments shall become a tax Ilea upon the Lon• The County shall file a notice of such lien in
the office of the Clark and Recorder upon the Lots affected by such hen and shall certify such
s umpad Assessments to the County Treasurer for collection. enf0rcemcn4 and rcmiwrKe in the
manner providc, by la:w ;or the roUeetim enfoxcxen4 and remittance of general 7openy, a.--s-
Section 19. "Roa' shall mean and refer to all toads and adjacent ditches within the
"Roach' ..
/ Property as designated on clue Plat which do not receive County maintenance. ("Roads" shall as
include private driveways to be constructed and maintained by the Owners of lydividual Lots.)
Section 20. *Single-family* shall mean and not more
of thanthree (3persons
Individual pcpOf P
related by blood or marriage or any unrelated group
together in a Residence.
ARTICLE E t1 •_ I w TIOh NENIRERSHT AND VA)M O RIGI-R'S Section 1: j�tmbenhie. Every Owner of a Lot sbaU become a Member of the
Association upon acquisition of sariot be
id I.or. Membership shall be appurtenant of law upon the sate of
separated fietm ownership of the Lot, Membership shall pass by operation
such I.o4 which sale may be by dead ew by bistan.Ma. had Contract.
$ Z Voting. Each Owner shall have one (1) vote for each Lot owned. when
more than one havvis or entity holds ns Shficial interest in a L-Ot As ah be Members o[ the Association, buint ut be
in
considered:common, or odter`ttise, all such pQ3O
considered as only one (1) Owner for voting Purpose=
Section 3: �Sgyatio Rvks and R LgWAdQ The Association shall have the right
and the power to adopt such reasonable rules and regulations as it. in its sound discretion. shall
detrsmine from time to time necessary. provided. however. that said noes and regulations shall not
bediscriminam y.
ARTICLE III. OWNFRC R1GiIIS
Section 1 Qbljga° < of rv�he A+atien The Association. subject to the rights of the
Members set forth in this Declaration. shall be responsible for the maintenance, repair, renovation.
management. and control. for the benefit of the Members, of the Roads. and P�« is
thereon and shall keep the same in good. clean. atautive, and sanitary condition.
ARTICLE IV. s ccrce tf( FOR COMMON E7�SES
Sewoti le: The Declarant. for
each Lot owned. hereby cove a m. and each Owner of any La by acceptance of a deed tbaetCre.
whether or Cot it shall be so expressed in such deed, is deemed to covenant and agree to pay all
Assessments dosed by the Association to mew the cu m ned common Expenses Assessments
for the estimated Common Expertsrs shall be due annually of at such other intervah as may be set
by the Assodatim from time to time The Association shall prepare and deliver by mail to each
Owner a statement for the atonal Assessment for Common E:prnsea
:. 2 Amount o[ Ass smenr The amount of the Assessment for the estimated
section tbe
Common Expenses which AWI be paid by each Owner shall be determined thed�'vidinu�
smn the wssoeisdoo r. OM"iy dctas.nes to be Pad by ill Owners b vr. share of such
cM
of jam witht% m ?top. sod the V-:aer of ea, s l.a shall pay his Pruxwn
aB>7egate sum.
Ile
d
Section 7: 'Common Ex
penses- shall mean and refer to the actual cost to the
Assnxiation'of the [ollowlnI: tepsrt*. maintenance,
nratattce. renovation. ant improvement of the Roads;
management and administration of the Association: legal and accounting fees: Insurance premiums;
wages; expenses and liabilitiea incurred by the Association pursuant to or by reason of this
Declaration; the payment of any deficit from a previous period: and the creation of a reasonable
reserve fund It shall be mandatory for the jamcelish out of the annual assesunCtIt an men of those etanents of the Roads that
adequate reserve fund for maintettanec, rePW,and
must be replaced on a periodic basis.
Section B. 'Declarant' shall mean and refer to Calvin Strobel and Beverly Strobel, or
any person or entity that purchases all or a portion of the Property with the intent to develop and
sell the property in more than one pared if such person or entity assumes in writing the obligations
of the Declarant under this Declaradom .
Section ¢ 'Declaradon' shall mean and refer toss Declaration amendments th�erveteon�rs�
Conditions and Restrictions L Sttobel M.R.D. and all properly
section 10: 'Fast Moapgeo' shag mean and refer toan institutional lender who holds
either a first deed of trust or a fast mortgage on a La
Seedom l l: "I of shall mean and refer to each individual lot of the property intended to
be sold, ttaasfared. or conveyed as a separate pared by theDeclarant. as designated on the Plat.
Section 12 "Member" shall mean and refer to each person who has an ownership
inteea in a Lot
S
Section 13: "Mortgage' shall mean and refer to moch rtgage.deed of trum or other
°=
similar security instrument held or owned by a Mortgagee s any Lot
ee' shall mean and refer to a Mortgagee under a Mortgage or a
Section 14 'Mongag se th
deed trust or similar security instrument. For the purpoo[ is
beneficiary under a of
Declaration, no person shall be deemed a Mortgagee until written node of such interest has been
and address of the Mortgagee.
given IO the Association. together with the name
`
Section lk •owner•' shall mean and refer to the record owner, whether one or more
having such interest merely as a seeuriry for the
y
persons err entities, of any Lot, but etcluding those
Qerfrmmance of an obligation. In the event a Lot is sold by what is commonly known as an
land contras or contract for deed. the purchaser under such contract shall be the
t
stallment
•gwnet" free the of this Declaration and the seller shall be considered to have an interest
for the perf=uI CC of the contract the
I
h
in the Lot which isby
jeer of the contract as security
f Strobel MILD, in the
to
and Recorder Latimer Section 1& 'Plat' shallot � ry and any amendmer nts thcmw or
office of the Cleric
y
supplements thereof. -.
Section 17: shad mean and refer tothat certain teal property situated in the
legally described as Strobel M.R.D.. according n he
County of Leaner. `'am or wlorado,
mcotded Plat thereof. Cqn y d'srr•nR. Spate of Colorado
Section Ig •lecsidence shall UIC+- 3 refer to a single-family residential dwelling
_
constructed or to be constructed on a Lor.
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1 91020957 05/16/91 11:52100- ig- pAGIS 14 FZZ $70.00
STATI DOC 7.11C ll-00
..--DzxznGn
RzcORDn, LARIMn cOuXTY.Co
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DECLARATION OF COVENANTS,
COMMONS AND RESTRIC71ONS
FOR
STROBEL M.R.D.
,THIS DECLARATION is made this day of 1991, by
Calvin Strobel and Beverly Strobel ("the Declarant
WUNESSEM
WHEREAS. the Declarant are the owner of that certain real property lowed In the County
of Lorimer. State of Colorado. legally described as follows ('the property )
A ll of Lots 1. 2, 3. and 4. Strobel M R.D. according to the recorded Plat thereof, County
of Latimer. State of Colorado.
WHEREAS, the DwAsrant desires to establish certain standards covering the Property by
of protective covenants to insure the lasting beauty, value, and enjoyment of the Property, to
Declarant desires to subject:
this end and for the benefit of the Property and the Owners thereof, the
the property to the casements. covenants. conditions, restrictions, charges. and Hens hereinafter set
leirtlL.
NOW. JIUMMRF, the Declarant hereby publishes and declares that the Property shall
i
leased. subleased and occupied subject to the following
be held, sold. conveyed. transferred,
which shall run with the Property and shall be
casements, covenants, conditions, and restrictions w
binding upon and inure to the benefit of all parties having any right. title. or interest in the Property
or any portion thereof. that bum personal mpreSentauffles. MCCCOOM and assilpts.
ARTICLE 1. T)EFrNMONS
Section in securing the prior written approval or
1: 'A at "Consent* shall am
consent as required hatin before doing. maldn& or suffering that for which such approval or
consent is required.
Semon 2: wArdurectural Control comrructW shall mean and refer to the committee
established to review and approve plum for the construction of improvements On Lots as set forth
VI at this Declaration.
'Articles ofincorporationo shall mean the Articles oflocxAporati011 Of the
as the same may fivm time to time be amended.
Section. & 'Assessment* shall mean and refer to any assessment levied, charged. or
_d
440a*
us Doc r
against in Owner and/or his Lot in accord ace with the provisions of this Declaration.
Ascaa 0
sociation,
D ss o
Section 5: 'Association* shall mean and refer to Strobel IvLR.D. Association, a
C401m nonprofit corporadon. to P=cssorx and assignor.
Ado
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Sccdw 'BY -Laws' shall me--; anu reic- to the duly adopted Sy-i A" of &.z
Associatim as the same may from tiLr_- to am be amaki.-e-
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