Covenants & Variance form

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS

FOR EAGLE RANCH Property Owners Association

THIS DECLARATION is made this 17th day of June, 2017 by the Eagle Ranch Property Owners Association Inc. ("Declarant"). The purpose is to exempt the Property (as defined below) from the Colorado Common Interest Ownership Act. Capitalized terms are defined in Article 10.1.

THIS DECLARATION SUPERSEDES AND REPLACES the Declaration of Covenants, Conditions, Restrictions and Easements for RCR at Eagle Ranch recorded in Pueblo County, 1355939. 10/26/2000 09i54A DEC C Chris Munoz 1 of 14 R 70.00 0 0.00 Pueblo County Clerk & Recorder.

ARTICLE 1 - GENERAL

Section 1.1 Common Interest Community. The name of the common interest community created by this Declaration is “Eagle Ranch Property Owners Association”, hereinafter referred to as ERPOA. ERPOA is a planned community as defined in the Colorado Common Interest Ownership Act, Section 38-33.3-103(22), Colorado Revised Statutes, but intends to be exempt from such Act. ·

Section 1.2 Property Affected. The real property described on Exhibit A is referred to in this Declaration as the “Property”.

Section 1.3 Purposes of Declaration. This Declaration is executed and recorded (a) to provide for the ERPOA to maintain non-public roads within the Property and to perform certain functions for the benefit of owners of land within the Property; (b) to define the duties, powers and rights of the ERPOA; and (c) to define certain duties, powers and rights of Owners. This Declaration restates and amends in its entirety any previous Declaration recorded against the Property. In all respects, any such previous Declaration is superseded and amended by this Declaration, which shall be the sole Declaration against the Property.

Section 1.4 Declaration. The Property, and each part thereof, shall, on and after the date this Declaration is recorded, be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions and other provisions set forth in this Declaration. The provisions of this Declaration are intended to and shall run with the land and, until their expiration in accordance with Section 10.2 hereof, shall bind, be a charge upon and inure to the mutual benefit of (a) all of the property within the Property and each part or parcel thereof; (b) the ERPOA and its successors and assign; and (d) all other persons and entities having or acquiring any right, title or interest in any property which is part of the Property or any part or parcel thereof or any Improvement thereon, and their encumbrances, claimants, heirs, personal representatives, successors and assigns.

ARTICLE 2 -PROTECTIVE COVENANTS

Section 2.1 Property Uses. All Lots in the Property shall be used exclusively for private residential single family dwelling, recreational, or agricultural uses, provided that such uses shall be specifically be limited to (1) the following uses permitted by right or by review under the zoning regulations for the Property: personal equestrian arena; farming or ranching; greenhouse and nursery; guest house (private, non-commercial); hay, grain, feed, seed and fertilizer (storage and/or wholesale; not retail); single-family residence; riding academy and/or stables; /club equestrian arena; farm products, ; and (2) any home occupation certificate granted by Pueblo County, Colorado through appropriate approvals. No dwelling unit erected or maintained within the Property shall be used or occupied for any purpose other than a single-family dwelling. Each dwelling unit shall contain no less than 1,500 square feet of heated floor area devoted to living purposes (i.e., exclusive of roofed or unroofed porches, patios, terraces, basements or garages). No dwelling unit or other improvements not built on-site shall be permitted, it being intended that all dwelling units and other improvements shall be custom built on site. This prohibition shall include, without limitation, modular homes, mobile homes and manufactured homes of any type. No Lot Owner will dump refuse or garbage on any Lot, nor will any Lot Owner build, maintain, operate or construct any structure that will cause the accumulation of animal waste, junk or obnoxious odor. No business, profession or other activity for gain shall be carried on or within any Lot or dwelling unit, notwithstanding zoning or special use permits otherwise available by Pueblo County, except for those uses as specifically allowed in this Section 2.1.

There shall be a prohibition on growing, dispensing and distributing marijuana and related substances. No Lot, dwelling unit, or other structure on a Lot may be used for any business or other commercial activity involving planting, cultivating, harvesting, selling, dispensing or distributing any form of marijuana or marijuana products. This restriction is not intended to prohibit personal marijuana use as permitted in Article XVIII, Section 16 of the Colorado Constitution.

Section 2.2 Improvements. No Improvement shall be erected within the Property, except single-family dwelling units and accompanying outbuildings, stables and other facilities necessary for the agricultural use of the Property (called "Improvements") or as approved in writing by the ERPOA Board. The single family dwelling unit should be in place in conjunction with any other Improvements or outbuildings. The ERPOA Board may grant a waiver to this requirement if appropriate. All power, telephone, gas, water, wastewater and other utility lines of every nature shall be underground.

Section 2.3 Storage. No building materials shall be stored on any Lot except temporarily during continuous construction of a building or its alteration or improvement. Storage containers can be used during construction only and shall not be on the Lot for more than six months.

Section 2.4 Temporary Residence. No pick-up, camper, camp trailer, tent, motor home, or other similar accommodation may occupy a Lot other than for recreational purposes on a temporary basis. A mobile home may be used on a Lot as a temporary residence during construction of a permanent residence on the Lot, for a period not to exceed six (6) months, after notifying the ERPOA Board in writing in advance of such use. No such facilities may be used as a permanent dwelling.

Section 2.5 Construction Completion. The exterior of all Improvements must be completed within eighteen (18) months after the commencement of construction except where such completion is impossible or would result in great hardship due to strikes, fires, national emergency or natural calamities. For purposes of this Section 2.5, "commencement of construction" for an improvement is defined as the obtaining of necessary building permits and the excavation of earth for a foundation, and for all other Improvements' is defined as the undertaking of any visible exterior work. If construction is not completed within eighteen (18) months after commencement, or if construction shall cease for a period of sixty days without permission of the ERPOA Board, the ERPOA Board will give the Owner thereof written notice of such fact, and if construction on such Improvement is not diligently commenced within thirty days after such notice, the unfinished Improvement or unfinished portion thereof shall be deemed a nuisance and shall be removed forthwith by and at the cost of the Owner.

ARTICLE 3- DENSITY, SETBACK AND QUALITY STANDARDS

Section 3.1 Limitation on Dwellings and Subdivisions. No more than one dwelling unit and a separate guest house shall be erected or maintained within any Lot. Guest houses shall not be part of a commercial operation. No Lot (notwithstanding any zoning ordinance or regulation to the contrary) shall be less than 35 acres in size. Any Lot may be re-platted or otherwise subdivided only once into not more than two lots, provided, each lot after such subdivision contains at least 35 acres.

Section 3.2 Setback Area. No building, porch, eave, overhang, projection or other part of a building shall be located within thirty (30) feet of any Lot Line. All construction must also conform to the building code, zoning code and subdivision regulations of Pueblo County, which regulations may vary from the provisions of this section and other sections.

Section 3.3 Exterior Materials and Colors. Exterior walls of all structures shall be constructed of or covered by quality materials such as clapboards, wood shingles, wood, stone, stucco or masonry. All exterior materials shall be of natural or earth tone coloring so as not to distract or contrast with the natural character of the surrounding landscape. No tar paper, tarred shingles or other types of tarred siding shall be allowed. "Natural or earth tone coloring" shall mean colors which are based in brown, beige and green and tones thereof, and of a color spectrum such that the use of the colors will not be obtrusive, and shall generally blend in with the colors of earth, rocks, and plants naturally existing on the Property.

Section 3.4 Rebuilding or Restoration. Any dwelling unit or other Improvement which may be destroyed in whole or in part by fire, windstorm or from any other cause or act of God must be rebuilt or all debris must be removed and the Lot restored to a sightly condition, such rebuilding or restoration to be completed with reasonable promptness and in any event within eighteen (18) months from the time the damage occurred.

Section 3. 5 Fencing. All animals kept by a Lot Owner must be fenced or restrained within the boundaries of the Lot.

Section 3.6 Obstructions on Common Easements. No gates or obstructions will be placed upon or block any ERPOA road unless the road terminates on the Lot Owner's property. However, a Lot Owner may place, at its expense, a cattle guard on the common easement if the cattle guard is constructed to Pueblo County road standards and has a gate on one side of the cattle guard for use by vehicles, livestock, horses; or persons otherwise using the road.

ARTICLE 4 - MAINTENANCE STANDARDS

Section 4.1 Building and Grounds Conditions. Each Owner shall maintain the exterior of the dwelling unit and all other Improvements in good condition and shall cause them to be repaired as the effects of damage or deterioration become apparent. Each Owner shall maintain the Lot, Dwelling Unit, Outbuildings, Fences and all Improvements in good repair and appearance at all times.

Section 4.2 Refuse. No unsightly objects. or materials, including but not limited to ashes, trash, rubbish, garbage, grass or shrub clippings, scrap material, tires or other refuse, or receptacles or containers therefor, shall he stored, accumulated or deposited outside or so as to be visible from any neighboring property or adjoining street, except during refuse collections.

Section 4.3 Nuisances. No noxious or offensive activity, including but not limited to producing excessive noise, lights, odors or unsightly activities shall be carried on upon any Lot or anything done thereon tending to cause annoyance or nuisance to the neighborhood. No offensive or hazardous activities may be carried on within any Lot or in any Dwelling Unit. No hog farm, feed lot or similar activity may be operated on any Lot.

Section 4.4 Inoperative Vehicles. No unused; stripped down, partially wrecked or inoperative motor vehicle, trailer, tractor, implement or machinery or part thereof shall be permitted to be parked on any street or on any Lot in such a manner as to be visible at ground level from any neighboring property or street, unless fully screened or displayed in a manner approved by the ERPOA Board.

Section 4.5 Signs. The only signs permitted on any Lot or Improvement shall.be:

(a) Signs of customary size for identification of the occupant and address of any dwelling unit;

(b) Political signs are allowed on an individual Lot but not on the road and bridge right of way and are limited in size, not to exceed 3 feet in any dimension and political signs must be removed within one week after the election date;

(c) Signs for sale by the Owner or its agents

(d) Signs as may be necessary to advise of rules and regulations or to caution or warn of danger; and

(e) Such signs as may be required by law.

All signs must be professionally made and have a professional appearance. Business and commercial signs are strictly prohibited.

ARTICLE 5 – ERPOA OPERATION

Section 5.1 ERPOA Structure. The ERPOA has been formed as a Colorado corporation under the Colorado Nonprofit Corporation Act. The ERPOA shall have the duties, powers and rights set forth in the Association Documents. As more specifically set forth hereinafter; the ERPOA shall have a Board of Directors to manage its affairs. The Board of Directors shall be elected by its Members.

Section 5.2 Board of Directors. The affairs of the ERPOA shall be managed by a Board of Directors (Board). The number, terms and qualifications of the members of the Board shall be fixed in the Articles of Incorporation and Bylaws of the Association. The Board may delegate portions of its authority to an executive committee or to other committees, to officers of the ERPOA or to agents and employees of the ERPOA, but such delegation of authority shall not relieve the Board of the ultimate responsibility for the management of the affairs of the ERPOA. Action by or on behalf of the ERPOA may be taken by the Board or any duly authorized committee, officer, agent or employee without a vote of Members, except as otherwise specifically provided in this Declaration or by Colorado law. All lawful decisions, agreements and undertakings by the Board, or its authorized representatives, shall be binding upon all Members, Owners, Related users and other Persons.

Section 5.3 Membership in ERPOA: Each Owner shall be a Member of the ERPOA. An Owner shall automatically be the holder of the membership appurtenant to such Owner's Lot, and the membership shall automatically pass with fee simple title to the Lot. Membership in the ERPOA shall not be assignable separate and apart from fee simple title to a Lot. Lots 106 and 107 as shown on the plat were excluded from the ERPOA prior to the Transfer of Control in July 2002.

Section 5.4 Voting Rights of Members. Members shall have the right to cast votes for the election of Board of Directors and on such other matters to be voted on by the Members, as provided in the ERPOA Documents. One vote is allocated to each Lot and Members shall have one vote for each Lot owned. Owners with unpaid assessments, liens or interest on unpaid assessments waive their voting rights until the debt is paid in full. Voting rights and procedures may be further defined in the Articles and Bylaws of the ERPOA.

ARTICLE 6 -DUTIES AND POWERS OF ASSOCIATION

Section 6.1 General Duties and Powers of ERPOA. The ERPOA has been formed to further the common interests of the Members. The ERPOA Board shall have the duties and powers to take such action as is necessary to perform it obligations under the ERPOA Documents.

Section 6.2 Duty to Manage and Care for Roads. The ERPOA Board shall manage, operate, care for, maintain and repair all ERPOA roads within the Property with the exception of Pueblo County owned roads such as Burnt Mill Road and Little Burnt Mill Road and roads for maintaining the canals on the Property. ERPO roads within the Property include Reba Court, Kaitlyn Drive, Nolan Drive, Siegel Way, Eagle Ranch Road, Shadow Lane, Jessie Court, Abby Lane and Madison Lane.

Section 6.3 Power to Engage Employees Agents and Consultants. The ERPOA Board shall have the power to hire and discharge employees and agents (except as otherwise provided in management contracts) and to retain and pay for such legal and accounting services as may be necessary or desirable in connection with the performance of any duties or the exercise of any powers of the Association under the Association Documents.

Section 6.4 Variance. The ERPOA Board shall have the right to grant a variance or clarification to any Lot Owner that that desires an interpretation or clarification of these Covenants. The ERPOA Board shall set a fee for review of the variance request based on estimates of cost to the Association for the review and may include a legal opinion, consultants or contractors cost and any reasonable cost associated with the review. Variance requests shall be in writing and signed by the Lot Owner asking for a specific variance. The Lot Owner requesting the variance shall contact all adjoining Lot Owners to obtain their written opinion on the variance request. In lieu of a written opinion, the adjoining Lot Owners should attend the Board meeting at which the variance request is heard to express their opinion to the Board. The ERPOA Board response shall be in written form approving or denying the variance request. An administrative fee may be imposed by the ERPOA Board for the review as well as the costs of review described above.

Section 6.5 General Corporate Powers. The ERPOA shall have all of the ordinary powers and rights of a Colorado corporation formed under the Colorado Nonprofit Corporation Act, as amended from time to time.

ARTICLE 7 – DELETED FROM PRIOR DECLARATIONS AND THIS ARTICLE IS INTENTIONALLY BLANK

ARTICLE 8 – ASSESSMENTS

Section 8.1 Obligation for Assessments: Each Owner, for each Lot owned within the Property, by acceptance of a deed therefor or interest therein, whether or not it shall be so expressed in such deed, shall be deemed to covenant and agree to pay to the ERPOA, in the manner, amounts and times prescribed herein, all Assessments which are described in the ERPOA Documents and which shall be both a personal obligation of the Owner and a lien against his Lot as provided therein. Each Owner shall be jointly and severally liable to the ERPOA for the payment of all Assessments attributable to them and/or their Lot. No Owner may waive or otherwise escape personal liability for the payment of the Assessments provided for herein by non-use of the Property or the facilities contained therein, by abandonment or leasing of his Lot, or by asserting any claims against the ERPOA

Section 8.2 Purpose of Assessments. The Assessments levied by the ERPOA shall be used for the improvement and maintenance of roads within the Property, and payment of other expenses specifically set forth herein.

Section 8.3 Common Assessments. The Common Assessments may include, and shall be limited to, the following common expenses:

(a) Repairs and maintenance for ERPOA roads within the Property;

(b) Expenses of management of the ERPOA and its activities;

(c) Taxes and special assessments upon the ERPOA real and personal property;

(d) Premiums for all insurance which the ERPOA is required or permitted to maintain;

(e) Common services to Owners as approved by the ERPOA Board;

(f) Wages for ERPOA employees and payments to ERPOA contractors;

(g) Legal and accounting fees for the ERPOA;

(h) Any deficit remaining from a previous Assessment year; ·and

(i) The creation of reasonable contingency reserves for future road maintenance expenses and administration expenses.

Common Assessments shall be paid annually as provided in Section 8.6.

Section 8.4 Maximum Common Assessments. As a Limited Expense Community the maximum annual Common Assessment may not exceed $400.00 plus increases in the Consumer Price Index or the maximum allowed by law to remain exempt under the Colorado Common Interest Ownership Act.

Section 8.5 Common Assessment Procedure.

(a) The ERPOA Board shall set the total annual Common Assessment based upon an advanced budget of the ERPOA’s requirements for the following Assessment year. Within thirty days after adoption of the ERPOA’s budget for each year by the Board, the Board shall mail by ordinary first-class mail, by e-mail, or otherwise deliver; a Summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing or other delivery of the budget summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Board.

(b) After approval of the budget by the Owners the ERPOA Board shall cause to be prepared, delivered or mailed to each Owner, at least thirty days in advance of the date payment is due, a payment statement setting forth the annual Common Assessment. All payments of Common Assessments shall be due and payable, without any notice or demand, on the due dates declared by the ERPOA Board. Common Assessments shall be applicable to all Lots.

Section 8.6 Rate of Assessments. Common Assessments shall be sufficient to meet the expected needs of the ERPOA as set forth in these covenants. Common Assessments shall be allocated equally and uniformly among all Lots so that each Owner is obligated to pay an equal Common Assessment for each Lot owned. The rates for Common Assessments shall be determined by dividing the total Common Assessments payable for any Assessment period, as determined by the ratified budget, by the number of Lots then subject to this Declaration. The resulting quotient shall be the amount payable with respect to each Lot.

Section 8.7 Special Assessments. In addition to Common Assessments, the ERPOA Board may, subject to the provisions of this section, levy Special Assessments for the purpose of raising funds to deal with unanticipated matters concerning the Property or the ERPOA. · Special Assessments shall be equally, uniformly imposed upon Lots as provided in Section 8.5 The ERPOA Board shall notify Owners in writing of the amount of any Special Assessment and of the manner in which, and the dates on which, any such Special Assessment is payable, and the Owners shall pay any such Special Assessment in the manner so specified. The maximum amount of any Special Assessment may not exceed, including Common Assessments, the maximum amount allowed by law to remain exempt under the Colorado Common Interest Ownership Act (See Section 8.4)

Section 8.8 Costs of Enforcement Late Charges and Interest. If any Assessment is not paid within thirty (30) days after it is due, the Owner will be additionally required to pay all costs of enforcement, including without limitation, reasonable attorneys' fees, court costs, witness expenses, and all related expenses, and to pay a reasonable late charge to be determined by the Board. Any Assessment which is not paid within ten days after the date of any notice of default given as set forth herein shall bear interest from the due date at a rate determined by the ERPOA Board, not to exceed the lower of twenty-one percent per annum, or the maximum rate permitted by law, from the due date until paid.

Section 8.9 Notice of Default and Acceleration of Assessments. If any Assessment is not paid within thirty days after its due date, the Board of Directors may mail a notice of default to the Owner. The notice shall substantially set forth (a) the fact that the installment is delinquent; (b) the action required to cure the default; (c) a date not less than twenty days from the date of mailing of the notice by which such default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in the foreclosure of the lien for the Assessment against the Lot of the Owner. If the delinquent Assessment and any collection expenses, late charges or interest thereon, plus any other sums due as of the date of payment, are not paid in full on or before the date specified in the notice, the Board, at its option, may enforce the collection of the Assessment and all charges and interest thereon in any manner authorized by law or in the ERPOA Documents. ·

Section 8.10 Lawsuit to Enforce Assessments. The Board may bring a suit at law to enforce any Assessment obligation. Any judgment rendered in such action shall include any late charge, interest, and either costs of enforcement against the defaulting Owner, including without limitation, reasonable attorneys' fees.

Section 8.11 Lien to Enforce Assessments. The ERPOA shall have a lien for Assessments. Each Owner, by acceptance of a Deed to his or her Lot within the Property, agrees to pay to the ERPOA all assessments, together with interest, late charges, and expenses of collection, and agrees that any unpaid ERPOA assessments, interest, and fees shall be a lien upon the Lot against which the assessment is made. In addition to or in lieu of bringing suit to collect Assessments, the ERPOA may foreclose its lien as provided by law and in this section. The Board may elect (but is not required to) to file a claim of lien against the Lot of the defaulting owner by recording a notice ("Notice of Lien") substantially setting forth: (a) the amount: of the claimed delinquency, (b) the interest and expenses of collection which has accrued thereon, (c) the legal description and street address (if assigned) of the Lot against which the lien is claimed, and (d) the name of the record Owner thereof. Such Notice of Lien shall be signed and acknowledged by an officer of the ERPOA Board or other duly authorized agent of the ERPOA. The lien shall continue until the amounts secured thereby and all subsequently accruing amounts are fully paid or otherwise satisfied. When all amounts claimed under the Lien, including, without limitation, all court costs, recording costs and filing fees, have been fully paid or satisfied, the ERPOA Board shall execute and record a notice releasing the Notice of Lien, if recorded, upon payment by the Owner of a reasonable fee as fixed by the ERPOA Board to cover the cost of preparing and recording the release of the Notice of Lien. Unless paid or otherwise satisfied, the lien may be foreclosed through a Colorado court of competent jurisdiction in accordance with the laws of the State of Colorado applicable to foreclosure of real estate mortgages (not including deeds of trust), or in any other manner permitted by law. The ERPOA Board shall have the right and power to bid on the Lot at the sale and to acquire and hold, lease, mortgage, and convey the same.

ARTICLE 9 - EASEMENTS

Section: 9.1 Easements.

(a) Easement for Access Roads, The ERPOA has ownership of a 75-foot right of way for the non-county owned access roads shown on the plat map and identified in Section 6.3, for non-exclusive use and access by all Members, and their invitees. ·

(b) Other Easements. All other easements shall be as shown on the plat map for the Property, as amended from time-to-time, and as provided herein.

Section 9.2 Utilities.

(a) The ERPOA has perpetual, alienable, divisible and releasable easement(s) and the right from time to time to grant or vacate such easements to others over, under, in and across all access road(s) conveyed or to be conveyed pursuant to Section· 9.1 or otherwise by deed or plat map for use of an or part of such areas for lines for transmission of electric current or impulses or electronic signals, for heat and fuel lines, for water and wastewater lines, for utility lines, for drainage and for other similar or dissimilar facilities and purposes, and for any one or more of such purposes.

(b) The ERPOA reserves a 20 feet easement along the outer boundary of the Property as shown on the plat map. The ERPOA also reserves a 10 feet utility easement along each side of all lot lines of individual lots as shown on the plat map.

(c) If any utility or quasi-utility company furnishing a service covered by the easement(s) created herein requests a specific easement by separate recordable document, the ERPOA Board has the right and authority to grant such easement. The easement(s) provided for in this section shall in no way affect, avoid, extinguish or modify any other recorded easement on the Property.

Section 9.3 Easements Deemed Created. All conveyance of Lots hereafter made, shall be construed to grant and reserve the easements contained in this Article 9, whether or not specific reference to such easement(s) or to this Article appears in the instrument of such conveyance.

ARTICLE 10 -DEFINITIONS AND MISCELLANEOUS

Section 10.1 Definitions. Unless otherwise expressly provided in this Declaration, the following words and phrases, whenever used in this Declaration, shall have the meanings specified in this Section 10.1.

(a) 10.1.1. Assessment. "Assessment" shall mean a "Common Assessment," pursuant to Section 8.3 or a · Special Assessment pursuant to Article 8. 8.

(b) 10.1.2 ERPOA. "ERPOA" shall mean Eagle Ranch Property Owners Association, Inc., a Colorado non-profit corporation, its successors and assigns.

(c) 10.1.3 ERPOA Documents. "ERPOA Documents" shall mean the various operative documents of the ERPOA, including:

(a) The Articles of Incorporation of the ERPOA; ·

(b) The Bylaws of the ERPOA; and

(c) This Declaration of Covenants and all amendments to this Declaration.

(d) 10.1.4 Board of Directors. "Board of Directors“, or "Board" shall mean the Board of Directors of the ERPOA.

(e) 10.1.5 Improvement(s). "Improvement(s) shall mean those dwelling units and other facilities as defined in Section 2.2.

(f) 10.1.6 Property. "Property" shall mean the real property described on Exhibit A, together with any and all Improvements now or hereafter on such real property and appurtenances and rights to such real property except Lots 106 and 107 as shown on the plat.

(g) 10.1.7 Declaration. "Declaration" shall mean this Declaration of Covenants.

(h) 10.1.8 Lot. "Lot" shall mean a parcel of land subject to this Declaration which is identified as a Lot in a subsequent plat recorded against the Property.

(i) 10.1.9 Member. "Member" shall mean a member of the ERPOA, who must also be an Owner. Membership in the ERPOA shall be appurtenant to, and may not be severed from, ownership of a Lot.

(j) 10.1.10 Owner. "Owner" shall mean the record title holder, whether one or more Persons, of fee simple title to a Lot, including sellers under executory contracts of sale and excluding buyers thereunder.

(k) 10.1.11 Person. "Person" shall mean a natural person, a corporation, a partnership or any other public or private entity recognized as being capable of owning real property under Colorado law.

(l) 10.1.12 Rules and Regulations. "Rules and Regulations" shall mean the rules and regulations adopted by the ERPOA Board concerning the operation of the ERPOA.

Section 10.2 Term of Declaration. Unless amended as herein provided, all provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration shall be effective for twenty years after the date when this Declaration was originally recorded, and, thereafter, shall be automatically extended for successive periods of ten years each unless terminated by agreement of the Owners with a simple majority of the eligible voting Members of the ERPOA.

Section 10.3 Amendment of Declaration by Members. Except as otherwise provided in this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended or repealed at any time upon approval of the amendment or repeal by Members with at least a simple majority of eligible voting Members.

Section 10.4 Remedies Cumulative. Each remedy provided under the ERPOA Documents is cumulative and not exclusive.

Section 10.5 Costs and Attorneys' Fees. In any action or proceeding under the ERPOA Documents, the party which seeks to enforce the ERPOA Documents and prevails, shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorneys' fee and expert witness fees.

Section 10.6 Limitation on Liability. The ERPOA; the Board of Directors, and any member, agent or employee of any of the same shall not be liable to any Person for any action or for any failure to act if the action or failure to act was in good faith and without malice, and shall be indemnified by the ERPOA to the fullest extent permissible by the laws of Colorado, including without limitation, circumstances in which indemnification is otherwise discretionary under Colorado law, in accordance with and subject to the terms and limitations contained in the Bylaws.

Section 10.7 Governing Law. The ERPOA Documents shall be construed and governed under the laws of the State of Colorado.

Section 10.8 Severability. Each of the provisions of the ERPOA documents shall be deemed independent and severable, and the invalidity or unenforceability or partial invalidity or partial enforceability or any provision or portion thereof shall not affect the validity or enforceability of any other provision.

Section 10.9 Number and Gender. Unless the context requires a contrary construction, as used in the ERPOA documents, the singular shall include the plural and the plural the singular, and the use of any gender shall include all genders.

Section 10.10 Captions for Content. The titles, headings and captions used in the ERPOA Documents are intended solely for convenience of reference and are not intended to affect the meaning of any provisions of this Declaration.

Section 10.11 Mergers or Consolidation. The ERPOA may merge with another incorporated association to the extent permitted by law. Upon a merger or consolidation of the ERPOA with another association, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of the ERPOA as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer and enforce the covenants, conditions and restrictions established by this Declaration governing the Property together with the covenants and restrictions established upon any other property, as one plan.

Section 10.12 Conflicts in Documents. In case of any conflict between this Declaration and the Articles of Incorporation or the Bylaws of the Association, this Declaration shall control. If there is a conflict between the Articles of Incorporation and the Bylaws of the Association, the Articles of Incorporation shall control.

The undersigned as the Board of Directors of the Eagle Ranch Property Owners Association hereby certify and attest the eligible voting Members of the ERPOA voted in favor of the above and foregoing amendments to the Declaration by ballot at the annual meeting on June 17, 2017.

(for a copy of the signed Declaration, please see the attached PDF)

Exhibit A - LEGAL DESCRIPTION

COUNTY OF PUEBLO, STATE OF COLORADO

TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH P.M.

SECTION 5: ALL LYING WEST OF LITTLE BURNT MILL ROAD; LESS THAT PORTION CONVEYED TO PUEBLO COUNTY BY QUIT CLAIM DEED RECORDED JULY 19, 1995, IN BOOK 2817 AT PAGE .700

SECTION 6: ALL LESS 3 8. 531 ACRES IN MINREQUA CANAL

SECTION ·7: ALL LYING WEST OF LITTLE BURNT MILL ROAD; LESS

(1) 3.506 ACRES FOR MINNEQUA CANAL;

(2) APPROXIMATELY 4 ACRES FOR COUNTY ROAD

SECTION 8: NW/4 NW/4 LYING WEST OF LITTLE BURNT MILL ROAD

SECTION 18: ALL LYING WEST OF BURNT MILL ROAD; LESS 7 ACRES FOR COUNTY ROAD

SECTION 19: ALL LESS

(1) 11 ACRES FOR COUNTY ROAD

(2) 59 ACRES TO SCANIO IN THE N/2 LYING NORTH OF BURNT MILL ROAD AND EAST OF LITTLE BURNT MILL ROAD

SECTION 20: NW/4 SW/4 AND THE N/2; LESS THAT PORTION OF THE N/2 LYING NORTH OF BURNT MILL ROAD; AND LESS THAT PORTION IN SE/4 NE/4 CONVEYED TO SAN ISABLE ELECTRIC IN DEED BOOK 1582 AT P4GE 916

SECTION 29: NW/4

SECTION 30: ALL LESS 3 ACRES FOR COUNTY ROAD

EXCEPT THEREFROM ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY OF BURNT MILL ROAD AND LITTLE BURNT MILL ROAD;

TOWNSHIP 22 SOUTH, RANGE 66 WEST OF THE 6TH P.M.

SECTION 1: SE/4, S/2 NE/4

SECTION 12: E/2, SE/4 SW/4

SECTION 13: ALL

SECTION 24: ALL

SECTION 25: ALL LESS 7 ACRES IN COUNTY ROAD

SECTION 34: SE/4 SE/4

SECTION 35: E/2 NE/4 / N/2 SE/4 / SW/4 SE/4' SW/4; LESS 8 ACRES FOR COUNTY ROAD

SECTION 36: N/2, N/2 SW/4; LESS 3 ACRES IN COUNTY ROAD

TOWNSHIP 23 SOUTH, RANGE 66 WEST OF THE 6TH P.M.

Continued on next page

Continuation of Exhibit A - Legal Description

Order Number: 200001758

SECTION 2 N/2 NW/ 4, SW/4 NW/4

SECTION 3 NE/4 NE/4 {LOT 1), S/2 NE/4; LESS 2 ACRES FOR COUNTY ROAD

EXCEPT THAT PORTION OF SAID SECTIONS 2 AND 3 CONVEYED TO PUEBLO COUNTY IN DEED RECORDED OCTOBER 24, 1989 IN BOOK 2465 AT PAGE 251

Exhibit A - LEGAL DESCRIPTION

COUNTY OF PUEBLO, STATE OF COLORADO

TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH P.M.

SECTION 5: ALL LYING WEST OF LITTLE BURNT MILL ROAD; LESS THAT PORTION CONVEYED TO PUEBLO COUNTY BY QUIT CLAIM DEED RECORDED JULY 19, 1995, IN BOOK 2817 AT PAGE .700

SECTION 6: ALL LESS 3 8. 531 ACRES IN MINREQUA CANAL

SECTION ·7: ALL LYING WEST OF LITTLE BURNT MILL ROAD; LESS

(1) 3.506 ACRES FOR MINNEQUA CANAL;

(2) APPROXIMATELY 4 ACRES FOR COUNTY ROAD

SECTION 8: NW/4 NW/4 LYING WEST OF LITTLE BURNT MILL ROAD

SECTION 18: ALL LYING WEST OF BURNT MILL ROAD; LESS 7 ACRES FOR COUNTY ROAD

SECTION 19: ALL LESS

(1) 11 ACRES FOR COUNTY ROAD

(2) 59 ACRES TO SCANIO IN THE N/2 LYING NORTH OF BURNT MILL ROAD AND EAST OF LITTLE BURNT MILL ROAD

SECTION 20: NW/4 SW/4 AND THE N/2; LESS THAT PORTION OF THE N/2 LYING NORTH OF BURNT MILL ROAD; AND LESS THAT PORTION IN SE/4 NE/4 CONVEYED TO SAN ISABLE ELECTRIC IN DEED BOOK 1582 AT P4GE 916

SECTION 29: NW/4

SECTION 30: ALL LESS 3 ACRES FOR COUNTY ROAD

EXCEPT THEREFROM ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY OF BURNT MILL ROAD AND LITTLE BURNT MILL ROAD;

TOWNSHIP 22 SOUTH, RANGE 66 WEST OF THE 6TH P.M.

SECTION 1: SE/4, S/2 NE/4

SECTION 12: E/2, SE/4 SW/4

SECTION 13: ALL

SECTION 24: ALL

SECTION 25: ALL LESS 7 ACRES IN COUNTY ROAD

SECTION 34: SE/4 SE/4

SECTION 35: E/2 NE/4 / N/2 SE/4 / SW/4 SE/4' SW/4; LESS 8 ACRES FOR COUNTY ROAD

SECTION 36: N/2, N/2 SW/4; LESS 3 ACRES IN COUNTY ROAD

TOWNSHIP 23 SOUTH, RANGE 66 WEST OF THE 6TH P.M.

Continued on next page

Continuation of Exhibit A - Legal Description

Order Number: 200001758

SECTION 2 N/2 NW/ 4, SW/4 NW/4

SECTION 3 NE/4 NE/4 {LOT 1), S/2 NE/4; LESS 2 ACRES FOR COUNTY ROAD

EXCEPT THAT PORTION OF SAID SECTIONS 2 AND 3 CONVEYED TO PUEBLO COUNTY IN DEED RECORDED OCTOBER 24, 1989 IN BOOK 2465 AT PAGE 251