HomeMy WebLinkAboutCIMARRON SQUARE - Filed OA-OTHER AGREEMENTS - 2003-07-31DECLARATION OF
EASEMENTS, COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
CIMARRON SQUARE
WHEREAS, Thomas D. Murphy, III, hereinafter referred to as
"the Developer," is the owner of that certain parcel of real
property located in the City of Fort Collins, County of Larimer,
State of Colorado, known as Cimarron Square, legally described on
Exhibit "A" attached hereto and incorporated herein by reference
and hereinafter referred to as "the Property"; and
WHEREAS, the Developer desires to create a residential
community on the Property with common areas and common facilities
for the benefit of said community; and
WHEREAS, the Developer desires to provide for the maintenance
of the common areas and common facilities and desires to establish
certain standards for development of the Property as a planned
residential community by means of protective covenants to insure
the lasting beauty, value, and enjoyment of the Property. To
this end, together with such additions as may hereinafter be made
thereto, for the benefit of the Property and the Owners thereof,
the Developer desires to adopt, and to subject the Property to,
the easements, covenants, conditions, restrictions, charges, and
liens hereinafter set forth; and
WHEREAS, the Developer will incorporate under the laws of
the State of Colorado as a nonprofit corporation, Cimarron Square,
P.U.D. Homeowners' Association, hereinafter referred to as "the
Association", for the efficient preservation of the values and
facilities of the community and will delegate and assign to the
Association the powers and duties of maintaining the common areas
and common facilities, enforcing the covenants and restrictions
of this Declaration, and collecting and disbursing the charges
and assessments hereafter created.
NOW, THEREFORE, the Developer hereby publishes and declares
that the Property shall be held, sold, conveyed, transferred,
leased, subleased, and occupied subject to the following easements,
covenants, conditions, restrictions, reservations, uses, locations,
and obligations which shall run with the Property and every
portion thereof and shall be binding upon the Developer and all
parties having any right, title, or interest in the Property or
any portion thereof, their heirs, administrators, successors, and
assigns, and shall inure to the benefit of the owners thereof.
ARTICLE I: DEFINITIONS
Section 1: "Plat" shall mean and refer to the recorded plat
of Cimarron Square, recorded in the Office of the Clerk and
Recorder of the County of Larimer, State of Colorado, including
any amendments thereto or replats thereof but excluding subsequent
filings if any. I.
Section 2: "Development Plan" shall mean and refer to the
final development plan for Cimarron Square, as approved by the
City Council of the City of Fort Collins, Colorado.
Section 3: "Lot" shall mean and refer to any lot designated
on the Plat, exluding and excepting the General Common Areas.
Section 4: "Building Envelope" shall mean and refer to that
portion of a Lot within which the residence, dwelling, apartment
the dedication or conveyance of portions of Lots for additional
easements for public utilities, nor prevent the Developer from
replatting all or any portion of the Property.
Section 17: Driveways. Owners of Lots 1 through 21 as
designated on the Plat hereby expressly agree to share common
driveways and common sidewalks with adjoining Lot Owners as pro-
vided in the :Development Plan. Any easement is hereby established
over and across such sidewalks and driveways for the use and bene-
fit of the Owners of said adjoining Lots, the members of their
families, and their guests, invitees, lessees, tenants, and sub-
tenants. Said adjoining Lot Owners further agree to share equally
in the costs of installing and maintaining said driveways and
sidewalks. Curb cuts for driveways shall be permitted only as
designated on the Plat and in the Development Plan.
Section 18: Fences. No fences, hedges, or walls shall be
erected or maintained on any Lot or other portion of the Property
except as are installed by the Association or approved by the
Committee.
Section 19: Landscaping. Each Lot Owner shall, within a
reasonable time after completion of construction of a building or
other structure upon a Lot, sod the Limited Common Areas of his Lot
and shall install, at a minimum, the landscaping indicated in the
Development Plan. All landscaping of the General Common Areas and
buffer landscaping along South Shields Street and West Drake Road
as indicated in the Development Plan shall be installed by the
Developer at his cost.
Section 20: Liability. The Committee shall not be liable for
damages by reason of any action, inaction, approval, or disapproval
by it with respect to any request made pursuant to this Article.
ARTICLE VI: USE OF PROPERTY
Section 1: Residential Use. All property designated on the
Plat for residential use shall be used, improved, and devoted
exclusivley for residential use and in accordance with the Develop-
ment Plan. No building shall be located on any Lot outside the
boundaries of the Building Envelope as designated on the Plat and in
the Development Plan. Eaves, steps, and open porches (not roofed)
shall not be considered as part of a building provided, however,
that this shall not be construed to permit any portion of a building
to encroach upon any other Lot.
Section 2: Business and Nuisances. No retail, wholesale,
manufacturing, or other type of business, professional offices, or
home occupations of any kind shall be permitted on any Lot or in
any Living Unit. No activity which may be or may become an annoyance
or nuisance shall be carried on upon any Lot or in any Living Unit
or anywhere on the Property.
Section 3: Maintenance of Property. Each Owner of a Lot and
the Owners of Condominium Units within a Lot shall maintain the
Limited Common Areas and shall keep all buildings and other improve-
ments situated on the Lot in good order and repair which shall
include the painting or other appropriate external care of all
buildings and other improvements in a manner and with such frequency
as is consistent with good property management. In the event the
Committee is not satisfied with the level of maintenance of the
Limited Common Areas or any building or other structure situated
upon a Lot, it shall so notify the Owner in writing and the Owner
shall have thirty (30) days thereafter in which to restore the
Limited Common Area, building, or other structure to a level of
maintenance acceptable to the Committee. If, in the opinion of the
Comu»ittee, the Owner has failed to bring the Lot to an acceptable
st. nklard within such thirty (30) day period, the Committee may order
the necessary repair, maintenance, and restoration of the Limited
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Common Areas, building, or other structure; and all costs related to
such maintenance, repair, or restoration shall become a special
assessment upon such Lot or the Condominium Units located thereon.
Multiple owners of Lots or Condominium Units shall be jointly and
severally liable for such assessment.
ARTICLE VII: EASEMENTS
Easements for installation and maintenance of utilities and
drainage facilities are hereby expressly reserved as designated on
the Plat. Within said easements, no structure, landscaping, or
other material shall be placed or permitted to remain which may
damage or interfere with the installation or maintenance of
utilities or which may change the direction or flow of drainage
channels in said easements or which may obstruct or retard the flow
of water through drainage channels in said easements. The easement
area within each Lot shall be landscaped and maintained by the
Owner of said Lot except such improvements for which a public
authority or utility company is responsible.
ARTICLE VIII: RESPONSIBILITY OF THE DEVELOPER
Section 1: Developer's Work. The Developer is undertaking
the work of developing a planned residential community within the
Property. The completion of that work and the sale and other
disposal of the Lots is essential to the welfare of the Property.
In order that said work may be completed and the Property developed
as a planned residential community, nothing herein contained
shall:
A. Prevent the Developer, his contractors, or his sub-
contractors from doing on the Property or on any Lot whatever is
reasonably necessary or advisable in connection with the completion
of said work; or
B. Prevent the Developer or his representatives from
erecting, constructing, and maintaining on any portion of the
Property such structures as may be reasonably necessary for the
conduct of his business in completing said work and establishing
the Property as a planned residential community and disposing of
the Lots by sale or otherwise; or
C. Prevent the Developer from maintaining such signs
on any part of the Property as may be necessary for the sale or
disposition thereof.
Section 2: Development of the Common Areas. The Developer
hereby expressly agrees to construct a swimming pool, bath house,
and two (2) tennis courts in such areas as are designated on the
Plat and indicated in the Development Plan. The Developer shall
commence construction of the tennis court facilities no later than
such time as forty percent (40%) of Lots 1 through 25 and 30 through
32 inclusive as designated on the Plat have been sold and shall
complete such work within a reasonable time thereafter. The
Developer shall commence construction of the swimming pool and bath
house facilities no later than such time as eighty percent (80%)
of Lots 1 through 25 and 30 through 32 inclusive as designated on
the Plat have been sold and shall complete such work within a
reasonable time thereafter. All costs of such construction shall
be borne by the Developer. The Developer may retain the legal
title to the General Common Areas or any portion thereof until such
time as he deems appropriate, but in any event, the Developer shall
convey the General Common Areas to the Association when construc-
tion of all of the above -described improvements has been completed,
when eighty percent (80%) of all Lots have been sold by the Developer,
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and when, in the opinion of the Developer, the Association is
capable of maintaining the General Common Areas.
ARTICLE IX: GENERAL PROVISIONS
Section 1: Duration. The covenants and restrictions of
this Declaration shall run with and bind the land for a period of
thirty (30) years from the date this Declaration is recorded in
the Office of the Clerk and Recorder of the County of Larimer,
State of Colorado, after which time they shall be automatically
extended for successive periods of ten (10) years unless terminated
by an instrument signed by Owners of two-thirds (2/3) of the
Living Units permitted within any Building or other structure to
be constructed upon any portion of the Property as indicated on
the Plat and in the Development Plan. Any such instrument must
be recorded in the Office of the Clerk and Recorder of the County
of Larimer, State of Colorado.
Section 2: Amendment. This Declaration may be amended at
any time by an instrument signed by Owners of two-thirds (2/3) of
the Living Units permitted within any Building or other structure
to be constructed upon any portion of the Property as indicated
on the Plat and in the Development Plan, provided that Section 6 of
Article 9 herein shall not be so amended. Any such instrument must/
be recorded in the Office of the Clerk and Recorder of the County
of Larimer, State of Colorado.
Section 3: Enforcement. Enforcement of this Declaration
and these covenants, conditions, and restrictions shall be by
appropriate proceedings at law or in equity against those persons
violating or attempting to violate any covenant or covenants.
Such judicial proceeding shall be for the purpose of removing a
violation, restraining a future violation, for recovery of
damages for any violation, for recovery of assessments due, or
for such other and further relief as may be available. Such
judicial proceeding may be prosecuted by any Owner or by the
Association on behalf of its members and the Association may
assess the costs of such prosecution as a Common Expense. Tie
failure to enforce or to cause the abatement of any violation of
this Declaration shall not preclude or prevent the enforcement
thereof of a future or continued violation whether such violation
shall be of the same or of a different provision within these
covenants.
Section 4: Severability. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
way affect any other provisions which shall remain in full force
and effect.
Section 5: Limitation. So long as the Developer owns any
Lot, Condominium Unit, or other portion of the Property, the
Association may not use its resources or take a public position
in opposition to the general plan for development of the Property
as provided in the Development Plan. Nothing in this section
shall be construed to limit the rights of the members acting as
individuals or in affiliation with other members or groups.
Section 6: Provision for Maintenance by the City of
Fort Collins. In the event the Association fails or refuses to
maintain the General Common Areas as herein provided in a reason-
able order or condition, in accordance with the Development Plan,
the City of Fort Collins, Colorado may assume, upon a Resolution
adopted by a majority of the members of the City Council, the
duties and responsibilities of the Association and may assess and
collect the cost of any such maintenance in the same manner as
the Association and shall have a lien against the Lot or Condominium
Unit of any Owner who shall fail or refuse to pay any such
assessment when due as herein provided.
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IN WITNESS WHEREOF, this Declaration of Easements, Covenants,
Conditions, and Restrictions for Cimmarron Square was executed
the 1= day of September, 1978.
omas D. murphIV, III
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing Declaration of Easements, Covenants, Conditions,
and Restrictions for Cimarron Square was subscribed and sworn to
before me this day of September, 1978, by Thomas D. Murphy
III.
My Commission expires:�-
WITNESS my hand and official seal.
i
Notary u is
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EXHIBIT "A"
EXHIBIT "A" ATTACHED TO AND MADE PART OF THE DECLARATION OF
EASEMENTS, COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CIMARRON
SQUARE.
REAL PROPERTY DESCRIPTION
A tract of land located in the NW1/4 of Section 26, Township 7
North, Range 69 West of the 6th P.M., Larimer County, Colorado
being more particularly described as follows: Considering the West
Line of said Section 26 as bearing S. 00°26'28" E. and with all
bearings contained herein relative thereto: Commencing at the
Northwest corner of said Section 26; thence along the West line of
the NW1/4 of Section 26, S. 00126'28" E. 822.89 feet to a point;
thence leaving said West line and continuing easterly N. 89°33'32"
E. 50.00 feet to a point on the east right-of-way line of Shields
Street, said point being the True Point of Beginning; thence
northerly along said east right-of-way line N. 00°26'28" W. 747.32
feet to a point; thence along the arc of a curve to the right 39.46
feet, whose radius is 25.00 feet, delta is 90025146" and long chord
bears N. 44°46'25" E. 35.49 feet to a point on the south right-of-
way line of Drake Road; thence continuing easterly along the said
right-of-way line N. 89159118" E. 724.43 feet to a point; thence
leaving the :said south right-of-way line and continuing southerly
along the west boundary of Woodwest 1st and 3rd Filings, a sub-
division filed in the City of Fot Collins, Larimer County, Colorado,
S. 00000142" E. 766.92 feet; thence westerly along the north boundary
of Woodwest 3rd Filing, a subdivision filed in the City of Fort
Collins, Larimer County, Colorado, S. 89*33132" W. 743.85 feet to
a point, said point being the True Point of Beginning.
Said tract of land contains 13.1916 acres gross.'
s
building, or other structure must be constructed as described and
designated on the Plat and in the Development Plan.
Section 5: "Living Unit" shall mean and refer to any portion
of a structure situated upon the Property which is designed and
intended for the use and occupancy, as the living quarters, of a
person, family, or group of persons as permitted by the Code of the
City of Fort Collins, Colorado.
Section 6: "Condominium Unit" shall mean and refer to any
Living Unit within the Property designated as a condominium, pur-
suant to the Colorado Condominium Ownership Act, on a condominium
map recorded in the Office of the Clerk and Recorder of the County
of Larimer, State of Colorado.
Section 7: "General Common Areas" shall mean and refer to all
real property and the improvements located thereon described and
designated on the Plat and in the Development Plan for the common
use and enjoyment of the Owners.
Section 8: "Limited Common Areas" shall mean and refer to that
portion of each Lot which lies outside the Building Envelope as _
described and designated on the Plat and in the Development Plan and
which is limited to or reserved for the common use and enjoyment of
the Owner or Owners of said Lot or the Condominium Units located
thereon.
Section 9: "Common Expenses" shall mean and refer to the cost
of maintenance and care of the General Common Areas which shall
include, by way of example and not limitation, installation and
maintenance of common lighting; repairs and renovations of any real
or personal property owned by the Association and any structures
located thereon; casualty, public liability, and other insurance;
taxes; special assessments; water charges and other utility fees;
road repair, maintenance, and renovation; management and adminis-
tration costs; wages; legal and accounting fees; operational fees;
expenses and li_abilites incurred by the Association pursuant to or
by reason of this Declaration or the Articles of Incorporation and
By -Laws of the Association; the payment of any deficit remaining
from a previous period; the creation of a reasonable contingency,
reserve, sinking, or surplus fund; other sums declared Common
Expenses by the provisions of this Declaration; and all other sums
lawfully assessed by the Association pursuant to the Articles of
Incorporation and By -Laws of the Association.
Section 10: "Owner" shall mean and refer to the record owner,
whether one (1) or more persons or entities, of any Lot or Condo-
minium Unit including contract purchasers but excluding those
having an interest merely as security for the performance of an
obligation. Owner shall not include those persons or entities
having a leasehold interest in a Living Unit.
ARTICLE II: MEMBERSHIP AND VOTING RIGHTS
Section 1: Members. Every Owner shall be a member of the
Association. Membership shall be appurtenant to and may not be
separated from an ownership interest in any Lot or Condominium Unit.
All members shall be subject to and shall abide by these covenants,
the Articles of: Incorporation and By -Laws of the Association, and
all rules and regulations adopted by the Board of Directors of the
Association pursuant to this Declaration and the Articles of Incor-
poration and By -Laws of the Association. Membership shall pass by
operation of law upon the sale of a Lot or Condominium Unit which
may be by deed or installment land contract. Membership shall
terminate upon such sale but such termination shall not relieve or
release any former Owner from any liability or obligation incurred
as a result of these covenants or in connection with membership in
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the Association nor shall such termination impair any rights or
remedies which the Association or its members may have against such
former Owner as a result of a breach of these covenants and the
obligations incident thereto.
Section 2: Voting Rights. The Association shall have three
(3) classes of voting membership:
Class A: Class A members shall be all Owners of Lots and
shall be entitled to one (1) vote for each Living Unit permitted
within any building or other structure to be constructed upon the
Lot as indicated on the Plat and in the Development Plan.
Class B: Class B members shall be all Owners of Condo-
minium Units and shall be entitled to one (1) vote for each Condo-
minium Unit owned.
Class C: The Class C member shall be the Developer who
shall be entitled to one and one-half (1 1/2) votes for each Living
Unit permitted within any building or other structure to be con-
structed upon any Lots owned by said Developer as indicated on the
Plat and in the Development Plan.
When more than one (1) person or entity holds a beneficial
interest in a Lot or Condominium Unit, which shall include an
interest by joint tenancy or tenancy in common, all such persons
shall be members of the Association and shall be subject to these
covenants and the Articles of Incorporation and By -Laws of the
Association; but the vote attributable to such Lot or Condominium
Unit shall be cast as such persons among themselves determine; and
no division of the vote attributable to such Lot or Condominium Unit
shall be permitted.
ARTICLE III: COMMON AREAS
Section 1: Obligations of the Association. The Association,
subject to the rights of the Owners as set forth in this Declara-
tion, shall be responsible for the exclusive management and control
of the General Common Areas and all improvements thereon including
furnishings and. equipment related thereto and shall be responsible
for the maintenance and repair of the General Common Areas and
facilities and shall keep the same in good, clean, attractive, and
sanitary condition, order, and repair.
Section 2: Members' Easements of Enjoyment. Subject to the
provisions herein, every Owner of a Lot or Condominium Unit shall
have a right and easement of enjoyment in and to all of the General
Common Areas which right and easement shall be appurtenant to and
shall pass with title to every Lot and Condominium Unit. Any Owner
may delegate his right and easement to the General Common Areas to
members of his family, his guests, invitees, lessees, tenants, and
subtenants who shall be subject to the Articles of Incorporation,
By -Laws, and rules and regulations of the Association.
Section 3: Limitation on Easements. The Owners' easements of
enjoyment created hereby shall not be exercised in any manner which
substantially interferes with the purposes for which the General
Common Areas are provided or with the right and easement of any
other Owner with respect thereto and shall be subject to the '
following:
A. The right of the Association to establish reasonable
rules and regulations, and to charge reasonable admission and other
fees for the use of the General Common Areas.
B. The right of the Association to
an Owner to use the General Common Areas for
any assessment against his Lot or Condominium
suspend the right of
any period during which
Unit remains unpaid or
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for a period not to exceed sixty (60) days for violation of the
rules and regulations of the Association by the Owner, members of
his family, his guests, invitees, lessees, tenants, or subtenants.
C. The right of the Association to dedicate or transfer
all or any part of the General Common Areas to any public agency,
authority, or utility for such purposes and subject to such condi-
tions as may be agreed by the members. No such dedication or
transfer shall be effective unless approved by two-thirds (2/3) of
the votes entitled to be cast by members of the Association.
D. The right of the Developer or the Association, in
accordance with the Articles of Incorporation and By -Laws of the
Association, to mortgage all or any part of the General Common Areas
for the purpose of making improvements in or repairs to property
owned by the Association. In the event of a default under such
mortgage, the mortgagee shall have the right, after taking possession
of the General Common Areas, to charge reasonable admission or other
fees as a condition to continued use and enjoyment of the General
Common Areas by the members and, if necessary, to permit the use and
enjoyment of the General Common Areas by the general public until
the mortgage debt is satisfied whereupon the possession of the _
General Common Areas shall be returned to the Association and all
rights of the members hereunder shall be fully restored.
E. The right of the Association to make a special assess-
ment upon any Lot or Condominium Unit in the event any General
Common Area is damaged or destroyed by an Owner or any member of his
family, his guests, invitees, tenants, subtenants, or lessees for
the costs of repairing such damage in a good and workmanlike manner
in conformance with the original plans and specifications of the
area involved or as the area may have been modified subsequently by
the Association.
F. The right of the Association to permit members of the
general public to use the General Common Areas as provided in the
Articles of Incorporation, By -Laws, and rules and regulations of
the Association and to charge such individuals a reasonable fee for
the use of the General Common Areas.
Section 4: Use of the General Common Areas. No Owner shall
place any structure whatsoever upon the General Common Areas nor in
any way alter, damage, or injure the General Common Areas. No
Owner shall deny, directly or indirectly, free access to any part
of the General Common Areas to any member of the Association or
other person entitled to use the General Common Areas.
Section 5: Limited Common Areas. Title to the Limited Common
Areas shall be retained by the Owner of each Lot. Limited Common
Areas shall not be conveyed to the Association, and members of the
Association shall have no right to use or enjoy Limited Common Areas
except as otherwise agreed between the Owner and the occupants of
Living Units within any building or other structure situated upon
each Lot. Notwithstanding the foregoing, there is hereby estab-
lished a blanket easement upon, over, and across the Limited Common
Areas for the purpose of pedestrian access from each Lot to the
General Common Areas which easement shall be for the use and benefit
of all the Owners, the members of their families, their guests,
invitees, lessees, tenants, and subtenants.
In the event any building, fence, or other improvement on any
Lot abutts upon or is so close to an adjoining Lot as to reasonably
require entry upon the Limited Common Areas of such adjoining Lot
for the purpose of performing exterior maintenance to improvements
on said Lot, the Owner of said Lot shall after reasonable notice to
the Owner of such adjoining Lot have the right, exercising due care,
to enter upon such adjoining lot and, if necessary, the roof and
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exterior of any building or other structure upon said adjoining
Lot for the purpose of performing exterior maintenance upon the
Owner's Lot or any building or other structure upon said Lot.
ARTICLE IV: COVENANTS FOR MAINTENANCE; ASSESSMENTS
Section 1: Covenant for Maintenance. The Developer hereby
covenants and each Owner of any Lot or Condominium Unit by accept-
ance of a deed thereof, whether or not it shall be so expressed
in such deed, is deemed to covenant and agree to pay general
assessments and special assessments for capital improvements
which shall be established and collected by the Association as
hereinafter provided.
Section 2: General Assessments.
A. Purpose of Assessment. The general assessments
levied by the Association shall be used exclusively to promote
the recreation, health, safety, and welfare of the residents of
the Property and, in particular, for the improvement, maintenance,
and operation of the General Common Areas and facilities and for
the payment of Common Expenses.
B. Method of Assessment. By vote of two-thirds (2/3)
of the Directors, the Board of Directors of the Association shall
fix the total general assessment for each year which assessment
shall be sufficient to meet the obligations imposed upon the
Association by this Declaration. The Board shall set the date(s)
such assessments shall become due. The Board may provide for
collection of assessments annually or in monthly, quarterly, or
semi-annual installments provided, however, that upon default in
the payment of any one (1) or more installments, the entire
balance of the annual assessment may be accelerated at the option
of the Association and be declared due and payable in full.
C. Basis for Assessment. Each Owner of a Lot shall
pay his proportionate share of the total general assessment based
upon the number of Living Units permitted within any building or
other structure constructed upon such Lot as designated on the
Plat and indicated in the Development Plan. Owners of Condominium
Units shall be assessed based upon ownership of one (1) Living
Unit. The Owners of Lots 22 through 32 inclusive as designated
on the Plat shall be assessed at a rate equal to 1.2 times the
assessment of Owners of the remaining Lots. Notwithstanding the
foregoing, the Owners of unimproved Lots shall be assessed an
amount equal to one-half (1/2) of the amount assessed Owners of
developed Lots as herein -above provided.
Section 3: Special Assessments for Capital Improvements.
In addition to the general assessments authorized hereinabove,
the Association may levy in any assessment year a special assessment
applicable to that year and not more than the next two (2) suc-
ceeding years for the purpose of defraying, in whole or in part,
the costs of any construction, reconstruction, repair, or replacement
of a capital improvement upon the General Common Areas including
fixtures and personal property related thereto, provided that any
such assessment shall have the assent of two-thirds (2/3) of the
votes entitled to be cast by members of the Association. Each
Owner shall be assessed his proportionate share of any such
special assessments for capital improvements based upon the
number of Living Units permitted within any building or other
structure to be constructed upon such Lot as designated on the
Plat and indicated in the Development Plan. Owners of Condominium
Units shall be assessed based upon ownership of one (1) Living
Unit.
Section 4: Exempt Property. All property dedicated to and
accepted by a :local public authority and all property owned by a
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charitable or nonprofit organization exempt from taxation by the
laws of the United States or the State of Colorado shall be exempt
from the assessments created herein. However, no lands or improve-
ments devoted to dwelling use shall be exempt from said assessments.
Section 5: Lien for Nonpayment of Assessments. It shall be
the duty of each Owner of a Lot or Condominium Unit to pay his
proportionate share of the general and special assessments and any
and all other assessments levied by the Association. If any Owner
shall fail or refuse to pay any such assessment when due, the amount
thereof shall constitute a lien on that Owner's Lot or Condominium
Unit as set forth in the deed of conveyance to said Owner; and upon
the recording of notice thereof by the Association, such lien shall
be constituted upon such Owner's interest in said Lot or Condominium
Unit prior to all other liens and encumbrances, recorded or unre-
corded, except (a) taxes, special assessments, and special taxes
theretofore and thereafter levied by any political subdivision or
municipal corporation of this State, any other state, or federal
taxes which by law are a lien on the interest of such Owner prior to
pre-existing recorded encumbrances thereon, and (b) all sums unpaid
on a first mortgage or first trust deed of record, including all
unpaid obligatory sums as may be provided by such encumbrance, and
including additional advances made thereon prior to the arising of -
this lien.
Section 6: Evidence of Lien. To evidence such lien for
unpaid assessments, the Association shall prepare a written notice
setting forth the amount, the name of the Owner of the Lot or
Condominium Unit, and a description of the Lot or Condominium Unit.
Such notice shall be signed on behalf of the Association by an
officer of the Association and shall be recorded in the Office of
the Clerk and Recorder of the County of Larimer, State of Colorado.
Such lien shall attach from the date of recording in the Office of
the Clerk and Recorder and may be foreclosed by foreclosure by the
Association of the defaulting Owner's Lot or Condominium Unit in
like manner as mortgages on real property. The lien provided for
herein shall be in favor of the Association and for the benefit of
all of the members of the Association. In any such foreclosure, the
Owner shall be required to pay all costs and expenses of such
proceedings; the costs, expenses, and attorneys' fees for filing the
notice and claim of lien; and all reasonable attorneys' fees'incurred
in connection with such foreclosure. The Owner shall also be
required to pay to the Association any assessments due and owing
during the period of foreclosure, and the Association shall be
entitled to the appointment of a receiver to collect the same. The
Association, on behalf of the members, shall have the power to bid
on the Lot or Condominium Unit at the foreclosure sale and to
acquire, hold, lease, mortgage, and convey the same. The Associa-
tion shall send to each first mortgagee a copy of the notice of lien
provided for herein. Any encumbrancer holding a lien on a Lot or
Condominium Unit may, but shall not be required to, pay any unpaid
assessments duE? and owing with respect thereto; and upon such
payment, such encumbrancer shall have a lien on such Lot or Condo-
minium Unit for the amount paid of the same rank as the lien of his
or its encumbrance.
Section 7: Personal Obligation to Pay Assessments. Assess-
ments made by the Association against each Owner of a Lot or
Condominium Unit shall be the personal and individual obligation
of the Owner at: the time the assessment is made. Suit to recover a
money judgment for unpaid assessments shall be maintainable without
foreclosing or waiving the lien securing the same. No Owner may
exempt himself from payment of general or special assessments by
waiver of the use or enjoyment of the General Common Areas or
abandonment of his Lot or Condominium Unit.
Section 8: Liability of Grantee. The grantee of a Lot or
Condominium Unit shall be jointly and severally liable with the
grantor for all unpaid assessments against the Lot or Condominium
Unit assessed and due prior to the time of grant or conveyance
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without prejudice to the grantee's right to recover from the grantor
the amounts paid by the grantee provided, however, that upon payment
of a reasonable fee not to exceed Twenty Dollars ($20) and upon
written request any such prospective grantee shall be entitled to a
statement from the Association setting forth the amount of the
unpaid assessments, if any, with respect to the subject Lot or
Condominium Unit, the amount of the current assessment, the period
covered by the current assessment, the date the current assessment
comes due, and the amount of any credit for advance payments or for
prepaid items. Said statement shall be conclusive upon the Associa-
tion. Unless such request for a statement of indebtedness shall be
complied with by the Association within ten (10) days of such
request, then such grantee shall not be liable for nor shall the Lot
or Condominium Unit be conveyed subject to the lien for any unpaid
assessments against the subject Lot or Condominium Unit.
ARTICLE V: ARCHITECTURAL CONTROL
Section 1: Architectural Control Committee. An Architectural
Control Committee consisting of three (3) or more persons (herein-
after referred to as "the Committee") shall be appointed by the
Developer. At such time as all buildings, structures, and other
improvements have been constructed upon all Lots within the Property
as indicated in the Development Plan, the Committee shall be appointed
by the Board of Directors of the Association.
Section 2: Approval. The Committee shall regulate the external
design, appearance, use, location, and maintenance of the Property
and of any improvements thereon. No improvements, alterations,
repairs, change of paint colors, excavation, changes in grade, or
other work which in any way alters the exterior of any Lot or the
improvements located thereon from its natural or improved state
existing on the date such property was first conveyed by the Developer
to an Owner shall be made or done without the prior approval of the
Committee unless otherwise expressly provided in this Declaration.
No building, fence, wall, residence, or other structure shall be
erected, maintained, improved, altered, made, or constructed on any
Lot until the construction plans and specifications and a plot plan
showing the location of the structure have been approved by the
Committee as to the quality of workmanship and materials, harmony
of external design with existing structures, and as to location
with respect to topography, finish grade elevations, relationship
to existing setback lines, and as to the square footage of the
living area within any building.
In deciding whether to approve or disapprove plans and specifi-
cations submitted to it, the Committee shall use its best judgment
to insure that all improvements, construction, landscaping, and
alteration on any portion of the Property conform to and harmonize
with other structures within the Property. The Committee may adopt
development guidelines to inform Owners of the specific standards
which will be applied in approving or disapproving proposed con-
struction. Such guidelines may amplify but may not be less restric-
tive than the regulations and restrictions stated in this Declaration.
Such guidelines shall include the rules and regulations of the
Committee with respect to the submission of plans and specifications
for approval, the time or times within which such plans or specifi-
cations must be submitted, and may state such other policies which
the Committee will consider in approving or disapproving proposed
construction of or alteration to buildings and other structures
within the Property. Such guidelines shall be adopted and amended
by vote of two-thirds C2/3) of the members of the Committee.
Section 3: Procedures. An application together with plans
and specifications for any such improvement, alteration, repair, or
construction shall be submitted to the Committee which shall approve
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or disapprove such plans and specifications in writing within
thirty (30) clays. In the event the Committee fails to approve or
disapprove the plans and specifications submitted to it within
said thirty ('30) day period, then such approval shall not be
required and shall be deemed to have been given. However, no
building or other structure shall be erected or allowed to remain
on any Lot which violates any of the covenants or restrictions
contained herein. An applicant may appeal any adverse decision
of the Committee to the Board of Directors of the Association who
may reverse or modify such decision by a two-thirds (2/3) vote.
Section 4: Building Size and Location. No building shall
be erected, altered, or permitted to remain on any Lot unless the
living area thereof, exclusive of open porches and garages, shall
be not less than one thousand (1,000) square feet per Living Unit
within said building for those buildings constructed on Lots 1
through 21 inclusive as designated on the Plat, not less than
eight hundred (800) square feet per Living Unit for those buildings
constructed on Lots 22 through 25 and 30 through 32 inclusive as
designated on the Plat, and not less than seven hundred feet
(700) square feet per living Unit for those buildings constructed
on Lots 26 through 29 inclusive as designated on the Plat. The
Committee may grant relief from the minimum square foot requirements
of this section 4 for good cause.
Construction of a building or other structure upon any Lot
as designated. on the Plat and in the Development Plan shall
commence within two (2) years from the date said Lot is first
sold or transferred from the Developer and shall be completed
within a reasonable time thereafter. In the event construction
is not commenced within said two (2) year period, and completed
within a reasonable time thereafter, the Developer shall have the
right to repurchase the Lot from the then Owner of said Lot at
the original purchase price paid by the initial purchaser to the
Developer for such Lot without interest thereon.
Section 5: Household Pets. No animals, livestock or poultry
of any kind shall be raised, bred, or kept on any portion of the
Property or within any Living Unit except that dogs, cats,*and
other household pets may be kept provided that they are not kept,
bred, or maintained for any commercial purpose. Household pets
shall be subject to the rules and regulations adopted by the
Association and any governmental ordinances or laws. Dogs shall
be leashed atall times when outside a Living Unit, and the pet
owner shall confine his dog for excretions to the Limited Common
Area appurtenant to his Living Unit. Pets constituting a nuisance
may be ordered by the Association to be kept within a Living Unit
or ordered expelled from the Property.
Section 6: Advertising. No advertising, signs, or billboards,
except signs offering a Lot or Condominium Unit for sale nor
other unsightly objects or nuisances shall be erected, placed, or
permitted to remain in or on any portion of the Property. No
business activity of any kind whatever shall be conducted on any
portion of the Property or within a Living Unit.
Section 7: Planting or Gardening. No planting or gardening
shall be permitted on any Lot or other portion of the Property`
except as designated by the Association and as approved by the
Committee.
Section 8: Antennas. No exterior television
antennas of any sort shall be placed, allowed, or
any portion of any improvement or other structure
Lot or any other portion of the Property.
or radio
maintained upon
located upon a
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Section 9: Commercial Vehicles. No trucks or other commercial -
type vehicles except pickup trucks as defined by the Committee shall
be stored or parked upon any Lot or other portion of the Property
except in a closed garage or in areas designated by the Committee
nor shall such vehicles be parked on any residential street except
while engaged in transport to or from a building or other structure.
Section .10: Unused Vehicles. Unused automobiles or other
unused vehicles of any kind shall not be stored or parked on any Lot
or other portion of the Property except in a closed garage or in
areas designated by the Committee. Unused vehicles shall not be
parked on any residential street. "Unused vehicle" shall be defined
as any vehicle which has not been driven under its own propulsion
for a period of one (1) week or longer. A written notice describing
the unused vehicle and requesting removal thereof shall be per-
sonally served upon the Owner; and if such vehicle has not been
removed within seventy-two (72) hours thereafter, the Association
shall have the right to remove the same without liability to the
owner; and the expense thereof shall be charged against the owner.
If such owner shall be a member of the Association, the cost thereof
shall be assessed as a special assessment against his Lot or Condo-
minium Unit.
Section 11: Recreational Vehicles. No boats, trailers,
campers, or other recreational vehicles shall be parked in front
of or in open view of any Lot for more than twenty-four (24) hours.
Nothing herein contained shall prevent the Owner of any Lot from
storing any such vehicle within an enclosed garage or otherwise out
of view from the surrounding Lots and the adjacent.streets.
Section 12: Garbage and Refuse. No Lot or other portion of
the Property may be used or maintained as a dumping ground for
rubbish, trash, garbage, or other waste and the same shall be
disposed of in a sanitary manner. All containers or other equipment
for the storage or disposal of garbage and trash shall be kept in a
clean and sanitary condition. Trash containers for each Lot shall
be kept within its appurtenant garages or other areas to be desig-
nated by the Committee except during days designated for pickup and
disposal. The burning of trash in outside incinerators, barbeque
pits, or other structures is prohibited.
Section 13: Temporary Structures. No structure of a temporary
character, trailer, mobile home, basement, tent, camper, shack,
garage, outbuilding, or accessory building shall be used on any Lot
for human habitation during construction or at any other time.
Section 14: Storage. No tanks for the storage of gas, fuel
oil, or other matter shall be erected, placed or permitted on any
Lot. All clothesline equipment, service yards, wood piles, or
storage areas shall be located within the confines of enclosures
such as privacy fences or other screening devices located so as to
conceal such areas from the view of neighboring Lots or adjacent
streets.
Section 15: Garages. All buildings constructed upon Lots 1
through 21 inclusive as designated on the Plat shall have an
attached garage or carport for at least two (2) cars per Living
Unit within such building.
Section 16: Resubdivision. No Lot shall be resubdivided into
smaller Lots nor conveyed or encumbered in any less than the full
original dimensions as indicated on the Plat. This restriction
shall not prevent the conveyance or encumbrance of adjoining or
contiguous Lots or parts thereof in such manner as to create parcels
of lend having a greater street frontage then the street frontage on
cither of the Lots shown on the Plat, nor prevent the creation of
Condominium Units of any Lot. Nothing herein contained shall prevent
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