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DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAND CREEK PARK LANDOWNER'S
ASSOCIATION
THIS DECLARATION is made this
25th day of July, 1978, by WESTERN LAND AND INVESTMENT CORPORATION, a Wyoming
Corporation, hereinafter referred to as "the Declarant."
WITNESSETH:
WHEREAS, the Declarant is the
owner of that certain parcel of real property located in the County of Larimer,
State of Colorado, legally described on Exhibit "A" attached hereto and
incorporated herein by reference, and hereinafter referred to as "the
Property"; and
WHEREAS, the Declarant desires
to provide for the maintenance of roads and desires to establish certain
standards covering the Property by means of protective covenants to insure the
lasting beauty, value, and enjoyment of the Property. To this end and for the
benefit of the Property and the Owners thereof, the Declarant desires to
subject the Property to the easements, covenants; conditions, restrictions,
charges, and liens hereinafter set forth; and
WHEREAS, the Declarant will
incorporate under the laws of the State of Colorado, as a nonprofit
corporation, the Sand Creek Park Landowners' Association, hereinafter referred
to as "the Association," for the efficient preservation of the values and
facilities of the Property, and will delegate and assign to the Association the
powers and duties of maintaining and administering the roads and administering
and enforcing the covenants and restrictions of this Declaration and collecting
and disbursing the charges and assessments hereinafter created;
NOW, THEREFORE, the Declarant
hereby declares that the Property shall be held, sold, conveyed, transferred,
leased, subleased, and occupied subject to the following easements, covenants,
conditions, and restrictions which shall run with the Property and which are
for the purpose of protecting the value and desirability of the Property and
every portion thereof and shall be binding upon all the i3arties 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: "Owner" shall mean
and refer to the record owners, whether one or more persons or entities, of any
lot, tract, or parcel of the Property, including contract purchasers, but
excluding those having such interest merely as security for the performance of
an obligation.
Section 2: "Roads" shall mean
and refer to all roads presently existing or subsequently constructed on the
Property which are necessary to provide vehicular access from public roads to
lots, tracts, or parcels of the Property. "Roads" shall not include private
driveways constructed by individual Owners to provide access to dwellings or
other structures located upon such Owners' lots, tracts, or parcels of the
Property.
Section 3: "Fishing Areas" Shall
mean and refer to all creeks, streams, rivers, ponds, and lakes now located or
subsequently constructed on the Property together with that portion of the
Property over which the Declarant has reserved "fishing easements" as
hereinafter defined.
Section 4: "Access Pathways"
shall mean and refer to those pathways presently existing or subsequently
constructed upon the Property which are necessary to provide access, by foot,
between the Roads, parking areas as hereinafter defined, and the Fishing Areas.
Section 5: "Land Area" shall
mean and refer to the total acreage within the Property.
Section 6: "Common Expenses"
shall mean and refer to the cost of repairs and renovations of the Roads and
the cost of maintenance of the Fishing Areas, Access Pathways, and any other
real or personal property owned by the Association and any structures thereon
and shall include, by way of example and not limitation, casualty, public
liability, and other insurance; taxes; special assessments; road construction,
repair, maintenance, and renovation; management and administration costs;
wages; legal and accounting fees operational fees; expenses and liabilities
incurred by the Association pursuant to or by reason of these covenants or the
Articles of Incorporation or 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 these covenants; and all other sums lawfully
assessed by the Association pursuant to these covenants, the Articles of
Incorporation, or the By-Laws of the Association.
Section 7: "Architectural
Control Committee" shall mean and refer to the Architectural Control Committee
of the Association. Unless otherwise provided in the Articles of Incorporation
or By-Laws of the Association, the Board of Directors of the Association shall
serve as the Architectural Control Committee.
ARTICLE II: EASEMENTS
Section 1: Road Easements. The
Declarant hereby expressly excepts and reserves unto itself and to its
successors, assigns, and invitees, forever, a non-exclusive perpetual road
easement sixty feet (60') in width, over and across and thirty feet (30') on
each side of the centerline of all Roads. Except in emergency situations or in
the event of a mechanical breakdown and except in areas specifically designated
for parking purposes as hereinafter provided, parking of vehicles within the
Road Easements is expressly prohibited. Notwithstanding the foregoing, an
Owner, his tenants, guests, and invitees, may park within the Road Easements
located upon his lot, tract, or parcel of the Property. In addition, each Owner
of a lot, tract, or parcel of the Property upon which a Road Easement is
located and upon which a fishing easement has been reserved as hereinafter
defined, shall have the right and shall be obligated to designate at least one
area within his lot, tract, or parcel of the Property which may be used by
other members of the Association, their tenants, guests, and invitees, for
parking purposes. Said parking area shall be within the Road Easement located
upon the Owner's lot, tract, or parcel of the Property and shall be sufficient
in size to accommodate a minimum of ten (10) standard size automobiles, pickup
trucks, or similar vehicles. In the event an Owner of a lot, tract, or parcel
of the Property refuses to designate an area for parking purposes, the
Association may make such designation and said Owner shall be obligated to
abide by the designation of the Association.
Section 2: Utility Easements.
The Declarant hereby expressly excepts and reserves unto itself and to its
successors, assigns, and invitees, forever, a non-exclusive perpetual utility
easement twenty feet (20') in width, adjacent to, parallel with, and on each
side of all Road Easements, section lines, quarter section lines, and the
boundary lines of all lots, tracts, or parcels of the Property. There shall be
utility guying easements on all lots, tracts, or parcels of the Property as
required by the utility involved.
Section 3: Fishing Easements.
The Declarant hereby expressly excepts and reserves unto itself and to its
successors, assigns, and invitees, forever, a non-exclusive perpetual easement
sixty feet (60') in width, over and across and thirty feet (30') on each side
of the centerline of all creeks, streams and rivers located upon the Property
and over, across, and thirty (30') above the high water line of all lakes and
ponds presently located or subsequently constructed upon the Property.
Section 4: Access Pathway
Easements. The Declarant hereby expressly excepts and reserves unto itself and
to its successors, assigns, and invitees, forever, a non-exclusive perpetual
easement ten feet (10') in width, over and across and five feet (5') on each
side of the centerline of all Access Pathways.
Section 5: Maintenance of
Easements. The Declarant shall have no obligation to maintain or repair the
Roads, Access Pathways, Fishing Areas, or any of the above-described easements
once constructed or established, except to the extent that the Declarant
continues to be an Owner and member of the Association. The Association is
hereby charged with the duty and responsibility of providing for the
maintenance, repairs, and renovation of the Roads, Access Pathways, Fishing
Areas, and above-described easements.
Section 6: Conveyance of
Easements. The Declarant hereby expressly agrees to convey all Road, Utility,
Fishing, and Access Pathway Easements, hereinabove reserved, to the
Association, its successors and assigns, for the use and benefit of all Owners,
their heirs, administrators, successors, assigns, and invitees, forever, upon
the sale of all lots, tracts, and parcels of the Property by the Declarant.
ARTICLE III: OWNERS' RIGHTS
Section l: Owners' Easement of
Enjoyment. Every Owner shall have a non-exclusive right and easement in and to
the Roads, Fishing Areas, and Access Pathways which shall be appurtenant to and
shall pass within the title to every lot, tract, or parcel of the property. An
Owner's right and easement of enjoyment in and to the Roads, Fishing Areas, and
Access Pathways shall not be exercised in any manner which substantially
interferes 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
charge reasonable fees and assessments to meet the estimated Common Expenses;
B. The right of the Association to suspend the voting rights andrightto use of
the Fishing Areas and Access Pathways by an owner for any period during which
any assessment against his lot, tract, or parcel of the Property remains
unpaid; C. The right of the Association to dedicate or transfer all or any part
ofthe Road, Utility, Fishing, and Access Pathway Easements to any public
agency, authority, or utility company for such purposes and subject to such
conditions as maybe agreedbythe members. No such dedication or transfer shall
be effective unless approved by the Owners of two-thirds (2/3) of the Land Area
within the Property at a meeting duly called for such purpose as provided in
the Articles of Incorporation and By-Laws of the Association; and D. The right
of the County of Larimer and any other governmental or quasi-governmental body
having jurisdiction over the Property to have access and the right of ingress
and egress over and across the Roads, Fishing Areas, and Access Pathways for
purposes of providing police and fire protection and providing any other
governmental or municipal service.
Section 2: Association Rules and
Regulations. The Association shall have the right and power, through its Board
of directors, to adopt such rules and regulations as it, in its sound
discretion, shall determine, from time to time, necessary to regulate and
govern the use of the Roads, Fishing Areas, and Access Pathways, provided,
however, that said rules and regulations shall not be discriminatory.
Section 3: Delegation of Use.
Any owner may delegate, in accordance with the By-Laws of the Association, his
right and easement of enjoyment of the Roads, Fishing Areas, and Access
Pathways to the members of his family, his guests, invitees, and tenants
subject to this Declaration, the Articles of Incorporation, and By-Laws of the
Association, and all rules and regulations adopted by the Association.
ARTICLE IV: ASSOCIATION
MEMBERSHIP AND VOTING RIGHTS
Every Owner of a lot, tract, or
parcel of the Property shall become a member of the Association upon
acquisition of said lot, tract, or parcel. Membership shall be appurtenant to
and may not be separated from ownership of the lot, tract, or parcel of the
Property. Membership shall pass by operation of law upon the sale of such lot,
tract, or parcel, which sale may be by deed or by installment land contract.
Each Owner shall have one (1) vote (or fraction of a vote) per acre (or
fraction of an acre) owned within the Property and shall be entitled to vote as
provided in the Articles of Incorporation. and By-Laws of the Association. When
more than one (1) person or entity holds a beneficial interest in a lot, tract,
or parcel of the Property, as a joint tenant, tenant in common, or otherwise,
all such persons shall be members of the Association but shall be considered as
only one (1) Owner for voting purposes.
ARTICLE V: ASSESSMENT FOR COMMON
EXPENSES
Section 1: Personal Obligation
of Owners for Assessments. The Declarant, for each lot, tract, or parcel of the
Property owned, hereby covenants, and each Owner of any lot, tract, or parcel
of the Property by acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay all assessments
imposed by the Association to meet the estimated Common Expenses. Assessments
for the estimated Common Expenses shall be due yearly or at such other
intervals as may be set by the Association from time to time. The Association
shall prepare and deliver by mail to each member a statement for the yearly
assessment.
Section 2: Amount of
Assessments. Assessments made for the Common Expenses shall be based upon the
cash requirements deemed to be the aggregate sum which the Association shall,
from time to time, determine to be paid by the Owners, including the Declarant,
to provide for the Common Expenses. The amount of the assessment which shall be
paid by each Owner of a lot, tract, or parcel of the Property shall be
determined by dividing the aggregate sum the Association determines to be paid
by the owners as hereinabove provided by the total number of acres within the
Property; and the Owner of each lot, tract, or parcel of the Property shall pay
his proportionate share of said aggregate sum based upon the number of acres
owned within the Property. In no event shall said assessment exceed
Seventy-Five Dollars ($75) per year per thirty-five (35) acre lot, tract, or
parcel of the Property. This limitation may be waived by an Owner who wishes to
pay in access of said limitation in any one year and may be revised by the
Association as future needs dictate as provided in the Articles of
Incorporation and By-Laws of the Association. In the event any lot, tract, or
parcel of the Property is subdivided, each person or entity purchasing a
portion of any such subdivided lot, tract, or parcel of the Property shall be
an Owner for purposes of thse covenants and shall be obligated to pay the
assessment for Common Expenses as herein provided. Notwithstanding the
foregoing, the Declarant shall not be obligated to pay an assessment in excess
of that paid by an Owner of thirty-five (35) acres irregardless of the number
of acres actually owned by the Declarant.
Section 3: Date of Commencement
of Assessment. The assessment provided for herein shall commence at the time of
the conveyance of the first lot, tract, or parcel of the Property from the
Declarant. The Board of Directors of the Association shall fix the amount of
the assessment and establish the date such assessment is to be paid as provided
in the Articles of Incorporation and By-Laws of the Association.
Section 4: Provision for
Maintenance by the Board of County Commissioners. In the event the Association
fails to maintain the Roads in reasonable order and condition, the Board of
County Commissioners of the County of Larimer may assume the responsibilities
and duties of the Association and may assess and collect the cost of such
maintenance in the same manner as real property taxes are assessed and
collected.
ARTICLE VI: LIEN FOR NON-PAYMENT
OF ASSESSMENTS
Section 1: Effect of Non-Payment
of Assessments, Remedies of the Association. It shall be the duty of each Owner
to pay a proportionate share of the Common Expenses and any other expenses as
set forth in this Declaration and as assessed by the Association. Payment
therof shall be in such amounts and at such times as may be determined by the
Association. If any Owner shall fail or refuse to make any such payments when
due, the amount thereof shall constitute a lien on that Owner's lot, tract, or
parcel of the Property 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, tract, or parcel of the
Property prior to all other liens and encumbrances, recorded or unrecorded,
except (a) taxes, special assessments, and special taxes theretofore or
thereafter levied by any political subdivision or municipal corporation of this
state, and other state or federal taxes which by law are a lien on the interest
of such Owner prior to the pre- existing recorded encumbrances thereon, and (b)
all sums unpaid on a first mortgage orfirst deed oftrust 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 2: Evidence of Lien. To
evidence such lien forunpaid assessments, the Association shall prepare
awritten notice setting forth the amount, the name of the Owner of the lot,
tract, or parcel, and a description of the lot, tract, or parcel of the
Property. 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 Clark and
Recorder of the County oflarimer. State ofcolorado. 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,
tract, or parcel in like manner as mortgages on real property. The lien
provided for herein shall be in favor ofthe 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, 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, tract, or parcel of the Property at the foreclosure sale and to
acquire, hold, lease, mortgage, and convey the same. The Association shall send
to each first mortgagee a copy of the notice of lien provided for herein. Any
encumbrancer holding a lien on a lot, tract, or parcel 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, tract, or
parcel for the amount paid of the same rank as the lien of his or its
encumbrance.
ARTICLE VII: OWNERS' OBLIGATION
FOR PAYMENT OF ASSESSMENTS
Section 1: Personal Obligation
to Pay Assessments. Assessments madeby the Association against each Owner of a
lot, tract, or parcel ofthe Property 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
Roads, Fishing Areas, and Access Pathways or by abandonment of his lot, tract,
or parcel of the Property.
Section 2. Liability of Grantee.
The grantee of a lot, tract, or parcel of the Property shall be jointly and
severally liable with the grantor for all unpaid assessments against the lot
tract, or parcel ofthe Property assessed and due prior to the time ofthe grant
or conveyance 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, notto 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, tract, or parcel of the Property, 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 Association.
Unless such request for a statement of indebtedness shall be compiled with by
the Association within ten (10) daysof such request, then such grantee shall
not be liable for, nor shall the lot, tract, or parcel of the Property be
conveyed subject to, a lien for any unpaid assessments against the subject lot,
tract, or parcel of the Property.
ARTICLE VIII: ARCHITECTURAL
CONTROLS
Section 1: Land Use and Building
Type. Except as otherwise provided herein, no building shall be erected,
altered, placed, or permitted to remain on any lot, tract, or parcel fo the
Property other than single-family residential dwellings with attached or
unattached garages; unattached pump houses; residential guest houses; and
non-residential outbuildings and structures such as barns, stables, or corrals
for use specifically in connection with the care of livestock, as permitted
under these covenants, or the maintenance of equipment. The Architectural
Control Committee may grant relief from this provision for good cause.
Section 2: Approval. No building
or other structure including, but not limited to, dwellings, sheds, garages,
outbuildings, and fences shall be erected, placed, or altered on any lot,
tract, or parcel of the Property until the plans and specifications, along with
a plot plan (submitted in duplicate), showing the location of the structure,
have been approved by the Architectural Control Committee, which plans shall,
among other things, show the type of exterior material and finish, exterior
design, existing structures, if any, and location of the structure with respect
to property lines. Should the Architectural Control Committee or its successors
or assigns fail to approve or disapprove the plans and specifications submitted
to it by the Owner of a lot, tract, or parcel of the Property within thirty
(30) days after the written request therefore, then such approval shall not be
required and shall be deemed to have been given. However, no building or other
structure shall be erected or allowed to remain on any lot, tract, or parcel of
the Property which violates any of the covenants or restrictions contained
herein. At the time said plans and specifications are approved, the builder or
Owner shall proceed diligently with construction and the exterior of any such
structure shall be completed within eighteen (18) months of the date of
approval by the Architectural Control Committee. The Architectural Control
Committee may grant an extension beyond said eighteen (18) month construction
period for good cause when requested by the Owner.
Section 3: Nuisance. Nothing
which maybe or may become annoying or a nuisance to other Owners shall be
permitted on any lot, tract, or parcel of the Property. No obnoxious or
offensive activity or commercial business or trade shall be conducted upon any
lot, tract, or parcel of this Property, except that professional offices, such
as those of a doctor, lawyer, dentist, architect, or engineer, may be
maintained within the main residential dwelling. For purposes of the covenant,
ungaraged, inoperative automobiles, machines, or other equipment which remain
on any lot, tract, or parcel of the Property for more than ninety (90) days
shall be deemed to be a nuisance.
Secton 4: Temporary Residence.
No structure of a temporary character, trailer, mobile home, basement, tent, or
accessory building shall be used on any lot, tract, or parcel of the Property
as a residence. However, a pickup camper, camper trailer, motor home, or tent
may occupy a lot, tract, or parcel of the Property if there is a permanent
residential structure thereon. A pickup camper, camper trailer, motor home, or
tent may occupy a lot, tract, or parcel for a period not to exceed six (6)
months, for construction purposes, during the construction of the initial
residential structure. In addition, a camportrailer, pickup camper, motor home,
or tent may occupy a lot, tract, or parcel of the Property for a period not to
exceed one hundred eighty (180) days per calendar year for recreational
purposes. The Architectural Control Committee may grant relief from this
provision for good cause.
Section 5: Refuse and Rubbish.
Rubbish, refuse, garbage, and other wastes shall be kept within sealed
containers, shall not be allowed to accumulate on the Property, and shall be
disposed of in a sanitary manner. No lot, tract or parcel of the Property or
easement shall be used or maintained as a dumping ground for such materials.
All containers shall be kept in a neat, clean, and sanitary condition. No
trash, litter, or junk shall be permitted to remain exposed upon the Property
and visible from public roads or adjoining or nearby properties.
Section 6: Livestock. Any lot,
tract, or parcel of the Property may be used for the grazing of livestock such
as cattle, horses, and sheep. Overgrazing is prohibited; the livestock shall be
properly cared for with adequate maintenance, food, and shelter. It shall be
the responsibility of the Owner to fence the lot, tract, or parcel of the
Property when livestock are to be maintained on such lot, tract, or parcel.
Outbuildings may be erected and maintained for such animals if approved by the
Architectural Control Committee.
Section 7: Fences. Fences shall
be permitted provided, however, that any fence shall be constructed so as not
to interfere with the Road easements hereinabove established and required for
access to adjoining lands unless cattle guards are installed in place of gates.
Gates may be installed acrossthe Access Pathways but such gates shall remain
unlocked at all times. All fences shall be approved by the Architectural
Control Committee. The Architectural Committee may grant relief from this
provision for good cause.
Section 8: Advertising. No
advertising, signs, or billboards shall be erected, placed, or permitted to
remain on the Property. Notwithstanding the foregoing, signs offering a lot,
tract, or parcel of the Property for sale, shall be permitted. For a period of
two (2) years from the date these covenants are recorded in the Office of the
Clerk and Recorder of Larimer County, Colorado, such "For Sale" signs shall be
limited to those of Cabin Country, Realtors. The Architectural Control
Committee may grant relief form this provision for good cause.
ARTICLE IX: GENERAL PROVISIONS
Section 1: 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 proceedings may be prosecuted by any Owner or by the
Association on behalf of its members, and the Association may assess the cost
of such prosecution as a Common Expense. The failure to enforce or to cause the
abatement of any violation of this Declaration shall not preclude or prevent
the enforcement thereof of a further or continued violation, whether said
violation shall be of the same or of a different provision within these
covenants.
Section 2: Severability. Should
any part or parts of these covenants be declared invalid or unenforceable by
any court of competent jurisdiction, such decision shall not affect the
validity of the remaining covenants.
Section 3: Duration. The herein
included agreements, covenants, restrictions, and conditions shall run with the
land; shall be binding upon all persons owning lots, tracts, or parcels of the
Property and any persons hereinafter acquiring said lots, tracts, or parcels of
the Property; and shall be in effect for a period of twenty-five (25) years
from and after the date these covenants are recorded in the Office of the Clerk
and Recorder of the County of Larimer, State of Colorado, after which period
said covenants shall cease to be and shall be of no further force and effect
unless the Owners of two-thirds (2/ 3) of the Land Area within the Property
shall elect, in writing duly filed, to extend said covenants for an additional
specified period at which time these covenants shall cease to be and shall be
of no further force and effect unless similarly extended for an additional
period or periods. Provisions for maintenance of the Roads and Common Areas
shall not be permitted to lapse with the other covenants unless other
provisions are made for continuation of said maintenance. These protective
covenants may be altered in whole or in part at any time the then record Owners
of two-thirds (213) of the Land Area within the Property so elect through a
duly written and recorded instrument.
Section 4: General Reservations.
The undersigned, its successors and assigns, shall have the right to bring
additional adjacent properties (located in Township 12 North, Range 74 West of
the 6th P.M., Township I I North, Range75 West ofthe 6th P.M., and Township 12
North, Range 75 West ofthe 6th P.M., County oflarimer State of Colorado,
andtownship 12 North, Range 74 West ofthe 6th P.M., Township 12 North, Range 75
West ofthe Sth P.M., Township 12 North, Range 76 West of the 6th P.M., and
Township 13 North, Range 75 West of the 6th P.M., County of Albany, State of
Wyoming) within the scheme of these protective covenants and the structure of
the Association. Such additions shall be made by filing of record of a
supplement to thse protective covenants reciting (a) that this Declaration is
amended by adding thereto as "Property" the additional property to be embraced
within these covenants and the structure of the Association, and (b) that the
provisions of this Declaration, and such additions and modifications as may be
necessary to reflect the different character, if any, of the added properties
and as are not inconsistent with the scheme of these covenants, shall govern
such additional property. In no event, however, shall such supplement revoke,
modify, or add to the covenants and restrictions established by these
protective covenants with respect to the Property. No consent or approval of
such supplement or supplements shall be required of any Owner or encumbrancer
who may have acquired an interest in the Property, nor of the Association; and
such consent and approval is hereby expressly waived by such persons and
entities.
IN WITNESS WHEREOF, WESTERN LAND
AND INVESTMENT CORPORATION a Wyoming Corporation, has caused this Declaration
to be executed the day and year first above written. WESTERN LAND AND
INVESTMENT CORPORATION, a Wyoming Corporation (Recorded September 1, 1978 in
Book 1887 at Page 373 of the Larimer County Records) (signed by) Karl Schakel,
President Mike O'Dell, Vice President
LEGAL DESCRIPTION Township 12
Worth, Range 74 West of the 6th P.M. Larimer County Colorado, Section 21: All
that portion of S1/2 and Lot 1 and 2 within the County of Larimer, State
ofcolorado; Section 22; Lots3,4,5,6, and S1/2; Section 28: W1/2, SE1/4.
Township 11 North, Range 74 West of the 6th P.M. Larimer County, Colorado;
Section 1: All; Section 2: E1/2E1/2, SW1/4SE1/4; Section 10: All of Section 10
lying West of the existing county Road: Section 11: E1/2, SW1/4; Section 15:
All. FIRST SUPPLEMENT A First Supplement to Declaration of Covenants,
Conditions and Restrictions for Sand Creek Park Landowners'Association was
recorded January 26, 1979 in Book 915 at Page 110, which added additional
adjacent properties within the scheme of these protective covenants and the
structure of the Association in accordance with Article IX, Section 4. The
First Supplement was placed of record by Western Land and Investment
Corporation, a Wyoming Corporation, and signed by Mike O'Dell, Vice-President,
and Alice J. Worster, Asst. Sec., and duly motorized. REAL PROPERTY DESCRIPTION
Township 12 North, Range 74 West of the 6th P.M. Section 19: All of Lots 1 and
2 and the S1/2 lying within the County of Larimer, State of Colorado; Section
20: SE 1/4, SW 1/4 SW 1/4, E 1/2 SW 1/4; Lot 1 and E 1/2 of Lot 2; Section 29:
All; Section 30: All; Section 31: All. Township 12 North, Range 75 West of the
6th P.M. Section 23: All of that portion of Colorado Section 23, Township 12
North, Range 75 West ofthe 6th P.M., County of Larimer, State ofcolorado, lying
East of the existing County Road known as Chimney Rock Road, more particularly
described as follows; Beginning at the Southeast corner of said Section; thence
along the South line of the Southeast Quarter of said Section North 8710'56"
West 2639.68 feet to the North Quarter corner of said Section; thence along the
South line of the Southwest Quarter of said Section South 8850'35" West 477.78
feet to the centerline of the existing County Road known as the Chimney Rock
Road; thence along said centerline the following seven courses: said point
being the beginning of a curve concave to the Northwest having a central angle
of 2554'17" and a radius of 469.41 feet; thence Northeasterly along the are of
said curve 212.23 feet to the end of said curve; thence North 0829'00" East
1549.81 feet to the beginning of a curve concave to the West having a central
angle of 03 11'32" and a radius of 4665.42 feet; thence Northerly along the are
of said curve 259.93 feet to the end of said curve; thence North 0517'28" East
596.90 feet to the beginning of a curve concave to the West having a central
angle of 0200'26" and a radius of 17125.14 feet; thence Northerly along the are
of said curve 599.94 feet to the end of said curve; thence North 0317'02" East
119.96 feet to the beginning of a curve concave to the Southeast having a
central angle of 0928'41" and a radius of 578.47 feet; thence Northeasterly
along the are of said curve 95.69 feet to the end of said curve, said point
being on the North line of the State of Colorado as monumented by existing
original survey stones; thence along said North line North 8917'26" East
2621.46 feet to the Northeast corner of Colorado Section 23; thence along the
East line of the Northeast and Southeast Quarters of Colorado Section 23 South
0035'00" East 3546.50 feet more or less to the point of beginning; Section 24:
Lots 3, 4, 5, 6 and S1/2; Section 25: All; Section 26: NE 1 /4. ALL IN COUNTY
OF LARIMER, STATE OF COLORADO SECOND SUPPLEMENT A Second Supplement to
Declaration of Covenants, Conditions and Restrictions for Sand Creek Park
Landowners' Association was recorded September 21,1983 in Book2238 at Page559,
which added additional adjacent properties within the scheme of these
protective covenants and the structure of the Association in accordance with
Article IX, Section R. The Second Supplement was placed of record by Western
Land and Investment Corporation, a Wyoming Corporation, and signed by Mike
O'Dell, Vice-President, and Timothy W. Hasler, Secretary, and duly motorized.
REAL PROPERTY DESCRIPTION Township 11 North, Range 75 West of the 6th P.M.:
County of Larimer, State of Colorado; Section 3: All lying West of the County
Road; Section 4: All; Section 5: All; Section 9: All. Township 12 North, Range
75 West of the 6th P.M.: County of Larimer, State of Colorado; Section 27: All;
Section 33: All; Section 34: All. |