Butterfield Homeowners Association

Butterfield Covenants

AMENDMENT IN ITS ENTIRETY
AND RESTATEMENT OF DECLARATION OF COVENANTS
FOR BUTTERFIELD SUBDIVISION, DOUGLAS COUNTY, COLORADO

This Amendment in its Entirety and Restatement of Declaration of Covenants for Butterfield Subdivision, Douglas County, Colorado, is made and entered into by the undersigned owners of Lots in Butterfield Subdivision.

WITNESSETH:

THAT, WHEREAS, John L. Sieber and Lawrence E. Frickey ("Declarant") were formerly the owners of certain real property ("Property") shown and described on that certain plat of Butterfield Subdivision, recorded on September 13, 1979, at Reception No. 241926, in the office of the Clerk and Recorder of Douglas County, Colorado, as the same may be or has been amended from time to time ("Plat"); and

WHEREAS, Declarant heretofore executed and recorded a certain Declaration of Covenants for Butterfield Subdivision, Douglas County, as recorded on September 13, 1979, in Book 369 at Page 980, Reception No. 241927, as amended by that certain First Amendment to Declaration of Covenants for Butterfield Subdivision, Douglas County, recorded on September 12, 1984, in Book 539 at Page 32, Reception No. 335642, both of which were recorded in the office of the Clerk and Recorder of Douglas County, Colorado (collectively the "Original Declaration"); and

WHEREAS, Article IX, Section 3 of the original declaration permits amendment of the Original Declaration with the signed consent of the owners of not less than fifty-one percent (51%) of the privately owned land in the Property; and Article X, Section 3, of the First Amendment to Declaration of Covenants for Butterfield Subdivision, Douglas County, permits amendment thereto with the written consent of the Owners of fifty-one percent (51%) of the privately owned Lots in the Property.

WHEREAS, the undersigned owners desire hereby to amend in its entirety and restate the Original Declaration for the purposes hereinafter set forth.

NOW, THEREFORE, the undersigned owners, constituting the owners of at least fifty-one percent (51%) of privately owned Lots in the Property, and at least fifty-one percent (51%) of the privately owned land in the Property, hereby amend in its entirety and restate the Original Declaration and state and declare that all of the Property shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions, easements, rights-of-way, obligations, liabilities, charges, and other provisions set forth herein, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all persons or entities having any right, title or interest in the Property, or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. Specifically, it is the intention of the undersigned, as expressed by their execution of this instrument, that the Property shall be developed and maintained as a highly desirable rural residential area. It is the purpose of this document that the present natural beauty, growth, native setting, and surroundings shall always be protected insofar as possible in connection with the uses and structures permitted by this instrument.


ARTICLE I
DEFINITIONS

1. “Association” shall mean and refer to Butterfield Homeowners' Association, Inc., a Colorado non-profit corporation, its successors and assigns. The Association shall act by and through its Board of Directors and officers.

2. “Butterfield” or “Property” shall mean and refer to that certain real property shown and described on the Plat.

3. The “Committee” or “Environmental Committee” shall mean and refer to the committee elected or appointed by the Association to review and approve or disapprove plans for improvements and other matters, all as more fully provided in this Declaration.

4. “Declaration” shall mean and refer to this Amendment in its Entirety and Restatement of Declaration of Covenants for Butterfield Subdivision, Douglas County, Colorado, as amended from time to time.

5. “First Mortgage” shall mean and refer to any unpaid and outstanding mortgage, deed of trust, or other security instrument encumbering a Lot, recorded in the records of the office of the Clerk and Recorder of Douglas County, Colorado, having priority of record over all other recorded liens except those governmental liens made superior by statute (such as general ad valorum tax liens and special assessments).

6. “First Mortgagee” shall mean and refer to any person named as a mortgagee or beneficiary under any First Mortgage, or any successor to the interest of any such person under such First
Mortgage.

7. “Lot” shall mean and refer to any separate numbered lot or plots of land shown upon the Plat, as the same may be amended from time to time, with the exception of any public streets and Tract “A” (as shown on the Plat), but together with all appurtenances and improvements now or hereafter thereon.

8. “Member” shall mean and refer to each Owner of a Lot which is subject to assessment hereunder; membership in the Association shall be appurtenant to, and may not be separated from, ownership of a Lot.

9. “Original Declaration” shall mean and refer to that certain Declaration of Covenants for Butterfield Subdivision, Douglas County, as recorded on September 13, 1979, in Book 369 at Page 980, Reception No. 241927, as amended by that certain First Amendment to Declaration of Covenants for Butterfield Subdivision, Douglas County, recorded on September 12, 1984, in Book 539 at Page 332, Reception No. 335642, both of which were recorded in the office of the Clerk and Recorder of Douglas County, Colorado.

10. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

11. “Plat” shall mean and refer to that certain plat of Butterfield Subdivision, recorded on September 13, 1979, at Reception No. 241926, in the office of Clerk and Recorder of Douglas County, Colorado, as the same may be or has been amended from time to time.

12. “Property” shall mean and refer to that certain real property shown and described on the Plat, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.


ARTICLE II
MEMBERSHIP AND VOTING RIGHTS

1. Membership. Every owner of a Lot which is subject to assessment hereunder shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot.

2. Classes of Membership. The Association shall have one class of voting membership. Each member shall be entitled to one vote for each Lot owned. When more than one person holds the fee interest in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they determine, including a fractionalized vote, but in no event shall more than 100% of one vote be cast with respect to any such Lot.


ARTICLE III
ENVIRONMENTAL COMMITTEE

1. Environmental Committee. The Committee shall be composed of not less than three (3), nor more than five (5), Members, with the number thereof to be designated from time to time by the Board of Directors of the Association. The Committee shall be elected by the Members, at an annual or special meeting called for that purpose, with such Committee members to be elected for terms of two (2) years each. The terms of one-half (1/2) of the Committee members, plus or minus one such member, shall expire annually. Any vacancy on the Committee shall be filled by appointment by the remaining members of the Committee, with such appointee to serve for the remainder of the term he or she is assuming. Notwithstanding the foregoing, the members of the Committee shall have the responsibility, power, and authority to act in the capacity as provided in this Declaration.


2. General Requirements.

(a) The Committee shall require that no improvements, including but not limited to dwelling houses, landscaping, courts, ponds, flag poles, antennas, fences, walls, address signs, garages, drives, parking areas, curbs, and walks, may be constructed erected, installed or altered, nor natural vegetation be altered or destroyed; nor landscaping development be installed, performed or changed on any Lot, unless complete plans for such construction, alteration, or improvements are approved in writing by the Committee prior to commencement of work. If the Committee fails to approve or disapprove such plans within thirty (30) days after complete plans for such work have been submitted to the Committee, then all of such submitted plans shall be deemed to be approved. The Committee shall protect the seclusion of each home from others insofar as possible. Refusal or approval of plans and specifications by the Committee may be based upon any grounds, including purely aesthetic grounds within the sole and uncontrollable discretion of the Committee or its assigns.

(b) Whether or not provision is specifically stated in any conveyance or acceptance of title hereto or by taking possession, each Owner covenants and agrees to comply with the provisions of the aforesaid subsection (a), and further agrees that no improvement shall be constructed, erected, installed, or altered on such Owner's Lot other than in accordance with the plans and specifications and plot plan approved thereof. No corrugated-type building and no metal buildings shall be allowed. The appearance of any building or other structure to be constructed on any Lot must enhance the environmental surroundings, and the Committee must approve or disapprove the structure, and the exterior of any ancillary buildings must be constructed of the same or similar materials as the main dwelling.

(c) Approval by committee shall not be deemed to constitute compliance with the requirements of any local building codes, fire codes, zoning codes, or any other requirement or regulation of any other person, agency, or entity which derive authority from any source outside this Declaration; and it shall be the sole responsibility of the Owner or other person submitting plans to the Committee to comply therewith. The issuance of a building permit or license, which may be in contravention of this Declaration, shall not prevent the Committee from enforcing these provisions.

3. Environmental Committee Not Liable. The Committee shall not be liable An damages to any person or entity submitting any plans for approval, or to any person or entity by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such plans. Any person submitting plans to the Committee for approval, by so doing, agrees and covenants that he, she or it will not bring any action or suit to recover damages against the Committee, its members as individuals, or any of its advisors, employees, or agents.

4. Variances. Where circumstances, such as topography, location of trees, vegetation or other physical interference require, or when the Committee believes, in its discretion, that a variance from the requirements set forth herein is desirable and in conformity with the preservation of the value of Butterfield, the Committee may, by at least a two-thirds (2/3) vote of its members, allow reasonable variances to the requirements set forth herein; however, the Committee reserves the right, if it deems it necessary or appropriate, to mail notices of any proposed variance to each Owner at the time when request is made and under consideration.' In the event such notice is given in accordance with Article X, Section 5, hereof, and in response thereto either the majority of Owners of Lots adjacent to the Lot seeking a variance, or the Owners of ten percent (10%) of the Lots (other than the Lot for which the variance is being considered), notify the Committee in writing within fifteen (15) days after the notices are sent in, that such Owners object to the variance so requested, the Committee shall set a hearing date within thirty (30) days thereafter to determine whether or not to grant said variance. Notice of such hearing date shall be mailed to all Owners no less than ten (10) days prior to the date thereof, specifying the place, and the date and time of such hearing. Any variance request that requires a hearing, as aforesaid, shall be granted by the Committee only with the approval of at least sixty percent (60%) of the votes of Members who are voting in person or by proxy at such hearing.

5. Written Records. The Committee shall, for a period of at least five (5) years after submission, keep a complete record of all applications submitted to it (including one (1) set of all architectural plans so submitted), as well as all actions of approval or disapproval and other actions taken by it under the provisions of this Declaration.

6. Plan Approval. Except as otherwise provided herein, a majority of the total members of the Committee shall-be necessary to approve plans. The Committee shall disapprove any plans submitted which are not sufficient for the Committee to exercise the judgment required by this Declaration.

7. Preliminary Approval. Persons who anticipate constructing improvements within Butterfield must own a Lot, or must contemplate the purchase of a Lot {in which case a preliminary design of improvements may be submitted to the Committee for informal review). The Committee shall not be committed or bound by any informal review until complete design plans are submitted and approved or disapproved.

8. Estoppel Certificate. The Committee shall be authorized to, and shall, upon the reasonable request of any interested person, furnish a certificate with respect to approval or disapproval by the committee of any change in the existing state of a Lot; and any person, without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all matters set forth therein.


ARTICLE IV
GENERAL RESTRICTIONS

1. Zoning Regulations. No Lot shall be occupied, used by, or for, any structure or purpose which is contrary to the zoning regulations of Douglas County, Colorado, or any other governmental unit having jurisdiction over the Property.

2. Signs. One (1) or more subdivision entry signs, on a Lot shall be permitted of a style and design as approved by the Committee. One (1) “For Rent” or “For Sale” sign, per Lot shall be permitted, provided such is no larger than 20 inches x 26 inches. Other than the foregoing, no advertising, signs, billboards, unsightly objects, or nuisance shall be erected, altered, or permitted on any Lot, unless approved by the Committee.

3. Animals. No animals may be raised or bred on any Lot for commercial purposes. Notwithstanding the foregoing:

(a) Domestic household pets will be allowed; however, no more than two domestic household pets of each species will be allowed per Lot. No pet shall be allowed off of its owner's Lot except under strict control of its owner.

(b) Pigs, goats, cows and cattle, stallions, fowl and poultry, and other livestock or other outdoor animals are expressly prohibited in Butterfield. However, horses (except stallions) subject to the provisions herein below, will be allowed if they are corralled in an area not to exceed 1,500 square feet.

(1) No horses will be permitted upon Lots 1 through 9, and 50 through 57, inclusive, as numbered on the Plat. On all other Lots, no more than two (2) horses will be allowed per Lot.

(2) The owner of any horse(s) within Butterfield must feed said animals with food procured away from the Property in order to protect the environment. In the event it comes to the attention of the Committee that any Owner is overgrazing any portion of the Property, the Committee shall be entitled to obtain an immediate restraining order from a court of competent jurisdiction, together with any other form of relief which may be deemed appropriate, including but not limited to reseeding of damaged areas at the cost of such Owner.

4. Irrigation.

(a) The office of the state Engineer, state of Colorado, recommends that household wells for Butterfield be drilled to the Dawson Aquifer, and that the same be restricted for in-house use only plus irrigation for landscaping and a maximum of two (2) horses. The Owners are further advised that the office of the state Engineer, state of Colorado, will recommend that for additional water requested, wells could be drilled into the Denver and Arapahoe Formations; however, restrictions may be placed thereon.

(b) The restrictions contained herein shall be considered maximum water usages per Lot, subject to such other regulations or restrictions as may be placed upon any Lot by the office of the State Engineer., State of Colorado, or other government agency or entity with jurisdiction thereover.

5. No Resubdivision. No numbered Lot, as described on the Plat, shall be resubdivided into smaller tracts or lots, nor any portion of such Lot (less than the whole) conveyed or encumbered, except as permitted on the Plat; however, conveyances or dedications of easements for utilities or private lanes or roads may be made for less than all of one Lot.

6. Disturbed Vegetation. It shall be the responsibility of all Owners to use their Lot in such a manner as to disturb as little natural vegetation as possible, leaving said natural vegetation for natural beauty and erosion protection. In the event any portion of any Lot should be disturbed through construction, erosion or any other cause, the Owner thereof shall seek assistance from the Douglas County Soil Conservation District as to the method and manner of reseeding such disturbed area. Additionally, any ground disturbed by construction shall .be either restored to a natural state, or landscaped as provided in Article V, Section 6 hereof, within twelve (12) months after the date of completion of such construction.

7. Service Yards and Trash. Service equipment, trash, woodpiles or storage areas shall be screened by planting or fencing approved by the Committee to conceal them from view of neighboring Lots, drives, and roads. The Owner of each Lot shall, promptly after deposit of the same, remove from Owner's Lot all refuse and trash thereon; the same shall not be allowed to accumulate or be burned in Butterfield.

Trash placed at curbside for pick-up shall be enclosed in garbage containers with lids. Plastic or paper bags or other easily penetrated containers sitting outside closed containers (garbage cans) at curbside are not permitted.

8. Underground Utility Lines. All utility lines, water lines, gas lines, telephone lines, electricity lines, etc., within the limits of Butterfield, must be underground and may not be above ground, except transformers, meters or light standards approved by the Committee.

9. Exterior Lighting. All exterior lighting and standards shall be approved by the Environmental Committee. Each dwelling shall have an outside lighting post which shall be located no further than 20 feet from the constructed dwelling and which must be equipped with a photo cell or other automatic device to insure night lighting.

10. Garages. Any dwelling constructed in the Subdivision must include an attached garage designed for a minimum of two (2) cars. The minimum square footage for the garage shall be 450 square feet. The maximum size for an attached and approved garage shall be four (4) stalls with a maximum square footage of 1,200 square feet (or such larger square footage as may be permitted by applicable County or municipal codes). The doors of a garage shall not be permitted to face towards the public roadway side of the dwelling site and shall remain closed when not in use. The Committee may grant a variance to this requirement by a two-thirds (2/3) vote of the Committee members, if such variance is needed due to location or drainage problems that may arise on a Lot.
11. Off-Street Parking. Each dwelling shall be constructed with adequate off-street parking area for at least two automobiles per residence. No parking shall be allowed within the road right-of-way.

12. Cinderblock or Concrete Foundations; Facing. No foundation of cinderblock-or concrete shall be exposed. Facing on a structure must be of wood, brick, or stone; no artificial stone facing or any other manufactured product of this nature shall be allowed without the written approval of the Environmental Committee.

13. Fencing. All fences shall be decorative in nature and must be of wood, brick, and/or stone construction and approved in writing by the Committee. Fencing will be limited to corrals as described in Article IV, Section 3 (b) hereof, and to the landscaped areas of the Lot as described in Article V, Section 6 hereof. No fencing may be placed across or upon any bridle easement or road right-of-way or any other easement as shown on the recorded plat(s) of Butterfield.

14. Businesses. No commercial businesses of any kind may be conducted or permitted in Butterfield.

15. Antennas. Radio, short wave, television, dish or other types of antenna, satellite receivers or transmitters, shall be enclosed within the structure of the house. An exception for dish antennas will be considered by the Committee provided that such is screened by landscaping approved by the Committee. Dishes may only be black or other dark color, as permitted by the Committee in its discretion, and shall not exceed 11 feet in diameter.

16. External Structures. External structures, such as (but not limited to) clothes lines, above-ground storage tanks, wind generators, and other such extraneous external structures, are expressly prohibited.

17. Roofs. All roofs shall be constructed of either natural wood cedar or tile.

18. Occupancy Limitations. No residential structure on any Lot shall be occupied by more than two (2) unrelated persons (that is, persons not related by blood or marriage), plus their servants and occasional guests.

19. Vehicles.
(a) Exterior storage or parking of trucks in excess of 3/4 ton, construction equipment, commercial vehicles, unlicensed automobiles and trucks, recreational vehicles, camper trailers, mobile homes, busses, tractors over 20 horse power, and other such vehicles, is prohibited.

(b) One (1) one-stall or two-stall horse trailer is permitted on lots which qualify as horse property (see Article IV, paragraph 3, (b)(l) for excluded lots). Horse trailers shall be parked/stored to minimize exposure to the roadway to the extent possible.
(c) Exterior storage or parking of other vehicles, construction equipment, utility trailers, boat trailers, tractors under 20 horse power, and such vehicles not specified in (a) and (b) of this section is not permitted without a written permit provided by the Environmental Committee. Permits will specify the vehicle, location and any required screening or landscaping.

The Committee shall consider the ability to place the vehicle(s) in an inconspicuous location on the property when determining if a permit will be granted.

(d) More than one (1) vehicle may be included in a. permit, but only one (1) permit will be valid for any property. The issuance of a permit will supersede any previously granted permit. A permit may be revoked by the Committee if the provisions of the permit are violated. A request for a permit shall be submitted in writing to the Environmental Committee and must include a description of the vehicle(s) to be parked or stored and a sketch of the property indicating parking/storage location.

The committee shall approve or disapprove the permit in writing within thirty (30) days. Failure of the Committee to act within thirty (30) days will constitute temporary permission which will be approved or revoked at such time as the Committee issues final written approval or disapproval.

d. Notwithstanding the other provisions of this Section, temporary parking, but not storage, of recreational vehicles, campers, and boats for up to two (2) weeks is permissible to accommodate visitors' vehicles. Short-term parking of up to two (2) days is permitted for recreational vehicles, campers and boats prior to and immediately following their use for recreational purposes.

20. Heating and Cooling Units. Heating and cooling units, with the exception-or solar panels, shall not be permitted on the roof of any structure within the Subdivision. All solar panels shall be placed on the roof only, shall be required to be flush or nearly flush with the roof surface, and shall be subject to review and approval by the Committee.

21. No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any Lot or within Butterfield, nor shall anything be done or placed on any Lot which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. Habitually barking, howling or yelping dogs and/or excessive use of recreational vehicles or equipment shall be deemed a nuisance. Patios and balconies shall not be used for storage other than patio furniture.

22. No Hazardous Activities. No activities shall be conducted on any Lot and no improvements shall be constructed on any Lot which are or might be unsafe or hazardous to any person or property without limiting the generality of the foregoing, no firearms shall be discharged upon any Lot, no open fires shall be lighted or permitted on a Lot except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well-designed interior fireplace, and no reflective glass shall be installed or located on any Lot or improvement thereon.

23. No Drilling or Mining. No oil or gas drilling, water drilling (with the exception of a water well as provided for herein and two septic tanks per Lot), oil or gas development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derricks or other structure designed for the use in boring for oil or natural gas shall be erected, maintained, or permitted on any Lot.


ARTICLE V
RESTRICTIONS ON RESIDENTIAL TRACTS

1. Restrictions. The maximum size of any ancillary building to a dwelling-may not exceed 1,200 square feet in area and must resemble the main dwelling in style and in pitch.

2. Number and Location of Buildings. No Buildings or structures shall be placed, erected, altered, or permitted to remain on any Lot other than:

(a) One single-family dwelling house with attached garage;
(b) One attached or unattached garage; and
(c) One service type barn, stable or shed of similar construction as the main dwelling.

3. Dwelling House. A detached garage, barn, stable or shed shall not be erected on a Lot until after commencement of construction of the dwelling house on the same Lot. All construction and alteration work shall be completed within nine (9) months after commencement thereof. This period of construction may be extended by an additional three (3) month period if said extension is made necessary by reason of inclement weather, inability to obtain materials, strikes, acts of God, or similar delays beyond the control of the Owner of the applicable Lot. The exterior construction of a building must be completed, including treating or painting of wood, before occupancy.

4. Dwelling Size. The heated living area of each dwelling, exclusive of porches-and garages and basements, shall not be less than 2,500 square feet for a one-story dwelling, and 3,200 square feet for a multi-level dwelling with a minimum of 1,800 square feet on the main level.

5. Driveways and Access Roads. All driveways and access roads shall be graveled, asphalted or paved prior to the occupancy of the dwelling to which such driveway or road provides access. The entrance of the driveway or access road to the dwelling shall be constructed with either a culvert or concrete pan of suitable specifications as determined by the Committee in accordance with County or other applicable code.

6. Landscape Development. Native trees or brush growing on any Lot, any Douglas County Soil Conservation District Easement, or any other property in Butterfield, shall not be removed, transplanted, trimmed, cleared, or native rocks removed, or grading performed, unless first approved in writing by the Environmental Committee. Plans for landscaping shall be submitted to and approved in writing by the Committee and shall conform with minimum standards adopted by the Committee. The Environmental Committee reserves the right to require the planting of mature evergreen trees on certain sites in the development. This requirement shall not exceed five (5) trees per Lot which must have a caliper of at least three (3) inches as measured one foot above ground level, or which must be at least eight feet in height.


ARTICLE VI
COVENANT FOR ASSESSMENTS

1. Creation of the Lien and Personal Obligation for Assessments. Each Owner of-any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees and shall be personally obligated to pay to the Association annual assessments or charges, and special assessments. The annual and special assessments, together with interest, late charges, costs, and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. The obligation for such payments by each Owner to the Association is an independent covenant with all amounts due, from time to time, payable in full when due without notice or demand (except as otherwise expressly provided in this Declaration), and without set-off or deduction. All Owners of each Lot shall be jointly and severally liable to the Association for the payment of all assessments, fees and charges attributable to their Lot. The lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property. In any foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorneys' fees. The Board of Directors or managing agent of the Association may prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot and a description of the Lot. Such a notice shall be signed by a member of the Board of Directors or by the managing agent of the Association and may be recorded in the office of the Clerk and Recorders of the County of Douglas, Colorado. The lien for each unpaid assessment attaches to each Lot at the beginning of each assessment period and shall continue to be a lien against such Lot until paid. The costs and expenses for filing any notice of lien shall be added to the assessment for the Lot against which it is filed and collected as part and parcel thereof. Each assessment, together with interest, late charges, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment became due. In a voluntary conveyance of a Lot, the grantee thereof shall be jointly and severally liable with the grantor for all unpaid assessments on such Lot as of the date of conveyance, without prejudice to the grantee's right to recover from the grantor any amounts paid by the grantee therefor. The Association's lien on a Lot for assessments shall be superior to any homestead exemption now or hereafter provided by the laws of the state of Colorado or any exemption now or hereafter provided by the laws of the United states. The acceptance of a deed to land subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said assessment lien.

2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Property, and for all of those purposes and activities which may be required of the Association or which the Association may be empowered to pursue pursuant to this Declaration or the Articles of Incorporation or Bylaws of the Association. Without limiting the generality of the foregoing, the Association shall be authorized, in its discretion, to utilize assessments to maintain, repair, improve, and preserve Tract A as shown on the Plat, bridle paths and any other publicly dedicated property, and any fencing or other improvements now or hereafter located on any of the foregoing, and to enforce the terms and provisions of its Declaration, the Articles of Incorporation, Bylaws and rules and regulations of the Association.

3. Maximum Annual Assessment

(a) The maximum annual assessment, from the date hereof until commencement of the next fiscal year of the Association that begins after recording of this Declaration, shall be Seventy-Five and 00/100 Dollars ($7.5.00) per year for each Lot.

(b) Beginning with commencement of the second and each subsequent Association fiscal year after recording of this Declaration, the Board of Directors of the Association may, without a vote or other approval of the Members, increase the annual assessment against each Lot by ten percent (10%) over the prior year's annual assessment. The Board of Directors shall notify the Members of any increase in the amount of the annual assessment at least thirty (30) days in advance of the effective date of such increase.

(c) Beginning with commencement of the second and each subsequent Association fiscal year after recording of this Declaration, the annual assessment may be increased above that established in accordance with Section 3 (b) hereof by a vote of the Members, provided that any such increase shall have the assent of two-thirds of the Members who are voting in person or by proxy at a meeting duly called for this purpose.

4. Special Assessments. In addition to the annual assessments authorized in this Article VI, the Board of Directors of the Association may levy, in any fiscal year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any items which were not budgeted for, or adequately budgeted for, by the Association, or which are extraordinary or unanticipated expenses. Any such special assessment shall be set equally against each Lot and shall be due and payable not sooner than thirty (30) days after passage of such special assessment by the Board. Notice of any special assessment shall be given to the Owners promptly after passage thereof. The amount of special assessment in any twelve (12) month period may not exceed One Hundred and Thirty-three Percent (133%) of the annual assessment without approval of the owners of at least Fifty-One percent (51%) of the Lots.

5. Rate of Assessment. Annual and special assessments shall be fixed at a uniform rate for all Lots sufficient to meet the expected needs of the Association. Rates will not exceed limits established in Paragraph 3 and 4 above.

6. Due Dates for Annual Assessments. The annual assessments shall be due and payable in advance, on such date(s) and with such frequency (which may include installment payments), as the Board of Directors of the Association determines from time to time. Any Owner purchasing a Lot between assessment due dates shall pay a pro rata share of the last payment due.

7. Effect of Nonpayment of Assessment; Remedies of the Association. Any assessment, or installment thereof not paid within ten (10) days after the due date may bear interest from the due date at the rate of twenty-one percent (21%) per annum, or at such lesser rate as may be set from time to time by the Board of Directors of the Association, and the board may assess a late charge thereon. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against such Owner's Lot. If a judgment is obtained, such judgment shall include interest on the assessment, or installment thereof, and a reasonable attorneys' fee to be fixed by the Court, together with the costs of the action, and may include late charges, as above provided. No Owner may waive or otherwise escape liability for assessments by not using any property or facilities of the Association or by abandoning his Lot.

8. Subordination of the Lien to First Mortgages. The lien of the assessments provided for herein, including without limitation any fees, costs, late charges or interest which may be levied by the Association in connection with unpaid assessments, shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the liens for said assessment charges except that sale or transfer or any Lot pursuant to foreclosure of any such First Mortgage, or any proceeding in lieu thereof, shall extinguish the lien of such assessment charges which became due prior to any such sale or transfer, or foreclosure or any proceeding lieu thereof; provided, however, that any such delinquent assessment charges, including interest., late charges, costs and reasonable attorneys' fees, which are extinguished as provided herein, may be reallocated and assessed to all Lots as a common expense. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, shall relieve such Lot from liability for any assessment charges thereafter becoming due, nor from the lien thereof; provided, however, that in the event of foreclosure of a First Mortgage or the taking of a deed in lieu thereof, such First Mortgagee shall not be liable for unpaid assessments or other charges which accrue prior to the acquisition of title to the Lot in question by such First Mortgagee.



ARTICLE VII
DOUGLAS COUNTY SOIL CONSERVATION EASEMENT AND 100 YEARFLOOD PLAIN EASEMENT

1. No Owner shall construct any buildings, structures, fences, walls, or make any excavation within the Douglas County Soil Conservation District Easement and 100 Year Flood Plain Easement, as shown upon the Plat.

2. No Owner shall conduct any gardening or landscaping, nor shall any Owner allow the grazing of horses, operation of recreational vehicles, or any disturbance of natural vegetation within the Douglas County Soil Conservation District Easement as shown on the Plat.

3. No Owner shall permit the storage of any material, vehicles, or other sundry items within the Douglas County Soil Conservation District Easement and 100 Year Flood Plain Easement, as shown on the Plat.

4. Each Owner, under the supervision of the Committee, Douglas County, and the Douglas County Soil Conservation District, shall be responsible to maintain such portions of the Douglas County Soil Conservation District Easement and 100 Year Flood Plain Easement as may lie within the boundaries of his or her lot. Such maintenance shall include, but not be limited to, control and monitoring of headwards, removal of debris, erosion control and prevention, and such other routine clean-up service work as may be deemed necessary for the protection of such easements. In this event, each Owner shall promptly notify the Douglas County Soil Conservation District Board of each and every substantial change in condition occurring within the aforesaid Douglas County Soil Conservation District Easement and 100 Year Flood Plain Easement as shall come to the attention of such Owner. Such easements are restricted in use for such peaceable enjoyment and recreational use as will not disturb the natural state of the land within such easements.

5. No variance of this Article VII may be granted unless such variance is properly requested in writing and approved by all of the following:

(a) Environmental Committee; and
(b) Douglas County Soil Conservation District Board of Directors; and
(c) Douglas County Commissioners


ARTICLE VIII
EASEMENTS

1. Utility Easements. Declarant, in the Original Declaration reserved for themselves, their successors and assigns, perpetual easements as shown and described on the Plat, for the purpose of constructing, maintaining, operating, replacing, enlarging and repairing power, telephone, water, irrigation, storm drainage, gas and similar lines, pipes, wires, ditches, conduits, walking and riding trails. Such easements as are referenced on the Plat as combination bridle and utility easements shall remain open and unfenced; such easements as are described as ten-foot utility easements, only, may be fenced but not excavated or built upon. Additionally, the Owners hereby reserve for themselves and their assigns combination easements twenty (20) feet wide along each side of all road rights-of-way for the purposes of construction slopes, snow storage, general road maintenance and utilities, which said easements shall not be fenced, excavated or built upon.

2. Bridle Easements. Each Lot shall be subject to and encumbered by the Bridle Easements shown upon the Plat, which Bridle Easements shall be for the use and enjoyment of the Owners and their guests and invitees in accordance with the normal use of riding trails and as may be permitted by the Association from time to time in its rules and regulations. In no event shall such Bridle Easements be enclosed, fenced upon, excavated, or in any other way encumbered or restricted by any Owner. Motorized vehicles of any kind are expressly prohibited from Bridle Easements.


ARTICLE IX
ENFORCEMENT

1. Enforcement. Enforcement of the covenants, conditions, restrictions, easements, reservations, rights-of-way, liens, charges and other provisions contained in this Declaration, the Articles of Incorporation, Bylaws or rules and regulations of the Association or the Committee, as amended, may be by any proceeding at law or in equity against any persons violating or attempting to violate any such provision. The Association, the Committee, and any aggrieved Owner shall have the right to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Section, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred pursuant thereto, as well as any and all other sums awarded by the Court. Failure to enforce any covenants, restriction or other provision herein contained, or any other provision of any of the aforesaid documents, shall in no event be deemed a waiver of the right to do so thereafter.

2. Limitations on Actions. In the event any construction, alteration or site landscape work is commenced upon any Lot in violation of this Declaration and no action is commenced within thirty (30) days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any aggrieved person or entity. Said thirty (30) day limitation shall not apply to injunctive or equitable relief against other violations of this Declaration.


ARTICLE X
GENERAL PROVISIONS

1. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration.

2. Effect and Duration of Covenants. The conditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit of and binding upon each Lot, and each Owner thereof, his heirs, personal representatives, successors, and assigns, and shall continue in full force and effect until January 1, 2000, at which time they shall be automatically extended for successive terms of ten (10) years each.

3. Amendment. The conditions, restrictions, stipulations, agreements, covenants and other provisions of this Declaration shall not be waived, abandoned, terminated or amended except by written consent of the Owners of fifty-one percent (51%) of the privately owned Lots in the Property.

4. Rules and Regulations. Rules and regulations pertaining to the rights or obligations of any Owners, the Association, or the Committee, as provided in this Declaration, the Articles of Incorporation or Bylaws of the Association, or by law, may be adopted, amended or repealed from time to time by the Board of Directors of the Association or by the Committee, as applicable, and the Board of Directors may establish and enforce penalties
for the infraction thereof, including without limitation the levying and collecting of fines for the violation of any of such rules and regulations.

5. Registration of Mailing Address. Each Owner shall register his mailing address-with the Association, and except for monthly statements and other routine notices, all other notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of such person or entity at such registered mailing address. However, if any Owner fails to notify the Association of a registered address, then any notices or demand may be delivered or sent, as aforesaid, to such Owner at the address of such Owner's Lot.

6. Requirements for “Approval”, Grandfathering of Prior Approvals Any provision of this Declaration which requires the approval of the Committee, the Association, or any other person or entity shall be deemed to require that such approval be given in writing by the authorized or required person or entity. Notwithstanding the foregoing or any other terms or provisions of this Declaration to the contrary, any approvals granted by the Committee prior to recording of this Declaration in the office of the Clerk and Recorder of Douglas County, Colorado, even if such approval was for an improvement or other matter inconsistent with the terms and provisions of this Declaration, shall be deemed to have been done in accordance with the requirements of this Declaration; provided, however, .that any construction, erection, installation, addition, alteration, or other change in any such previously approved improvement shall be subject to review and approval by the Committee as provided in this Declaration.

7. Conflicts. In case of any conflict between this Declaration and the Articles of Incorporation or Bylaws of the Association, the terms and provisions of this Declaration shall control; in case of any conflict between the Articles of Incorporation and Bylaws of the Association, the terms and provisions of the Articles of Incorporation shall control.

8. Counterparts. This Declaration may be signed in one or more identical counterparts. In the event this Declaration is signed in such counterparts, then it is the intent of the undersigned parties that counterpart signature pages and acknowledgment provisions may be attached to one copy of the body hereof and the resulting composite shall be deemed to constitute the Declaration, as hereinabove defined, for all purposes (including without limitation recording of the same).