AMENDMENT OF DECLARATION
That certain Restated Declaration of Covenants, Conditions, Restrictions and Easements for Turkey Ridge Ranch dated May 15, 2003, and recorded at Reception No. 200200354123 of the records of Huerfano County, Colorado ("Declaration") is hereby amended by Read Creek Branch of Colorado, Inc., as Declarant, as follows:
RECITAL
Pursuant to Section 10.3 of the Declaration, the Declarant may amend the Declaration until the Transfer of Control Date (as defined therein), or, if necessary to correct an error or omission at any time so long as Declarant owns one or more Lots in the Property. Declarant acknowledges that the Transfer of Control Date under the Declaration has not occurred.
Now therefore, pursuant to Section 10.3 of the Covenants, the Declarant amends the Declaration as follows:
Section 3.1 of the Declaration is amended and restated in its entirety as follows:
Section 3.1 Limitation on Dwellings and Subdivisions. No more than one dwelling unit and a separate guest house (if allowed by County zoning) shall be erected or maintained within any Lot. No Lot (notwithstanding any zoning ordinance or regulation to the contrary) shall be less than 35 acres in size. Prior to the Transfer of Control Date, any Lot may be replatted or otherwise subdivided with Declarant's consent, which may not be unreasonably withheld. After the Transfer of Control Date, any Lot may be replatted or otherwise subdivided into two or more lots without Declarant's consent, provided, each lot after such subdivision contains at least 35 acres. The foregoing sentence shall not apply to or re-strict Declarant's rights to further subdivided lots owned by Declarant.
In all other respects, the Declaration is hereby ratified and reaffirmed by the Declarant.
RED CREEK RANCH OF COLORADO, INC.
By: Joseph R. O' Brien, Vice President
STATE OF COLORADO ss. (COUNTY OF PUEBLO)
The foregoing instrument was acknowledged before me this 4 day of October 2003, by Joseph R. O' Brien, as Vice President of Read Creek Branch of Colorado Inc., a Colorado corporation.
Witness my hand and official seal.
Lisa M. Potts
Notary Public
My Commission Expires January 25, 2006
RECITAL
Pursuant to Section 10.3 of the Declaration, the Declarant may amend the Declaration until the Transfer of Control Date (as defined therein), or, if necessary to correct an error or omission at any time so long as Declarant owns one or more Lots in the Property. Declarant acknowledges that the Transfer of Control Date under the Declaration has not occurred.
Now therefore, pursuant to Section 10.3 of the Covenants, the Declarant amends the Declaration as follows:
Section 3.1 of the Declaration is amended and restated in its entirety as follows:
Section 3.1 Limitation on Dwellings and Subdivisions. No more than one dwelling unit and a separate guest house (if allowed by County zoning) shall be erected or maintained within any Lot. No Lot (notwithstanding any zoning ordinance or regulation to the contrary) shall be less than 35 acres in size. Prior to the Transfer of Control Date, any Lot may be replatted or otherwise subdivided with Declarant's consent, which may not be unreasonably withheld. After the Transfer of Control Date, any Lot may be replatted or otherwise subdivided into two or more lots without Declarant's consent, provided, each lot after such subdivision contains at least 35 acres. The foregoing sentence shall not apply to or re-strict Declarant's rights to further subdivided lots owned by Declarant.
In all other respects, the Declaration is hereby ratified and reaffirmed by the Declarant.
RED CREEK RANCH OF COLORADO, INC.
By: Joseph R. O' Brien, Vice President
STATE OF COLORADO ss. (COUNTY OF PUEBLO)
The foregoing instrument was acknowledged before me this 4 day of October 2003, by Joseph R. O' Brien, as Vice President of Read Creek Branch of Colorado Inc., a Colorado corporation.
Witness my hand and official seal.
Lisa M. Potts
Notary Public
My Commission Expires January 25, 2006
