402111 Page 1 of 55 Judy Benine, Clerk & Recorder Huerfano County, CO RP $0.00 01-05-2015 02:10 PM Recording Fee $281.00

AMENDMENT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR

PANADERO SUBDIVISION

This Amendment to Amended Declaration of Covenants, Conditions and Restrictions for Panadero Subdivision ("Amendment") is made effective the jO' day of c&iM beJl^ „, 2014.

RECITALS

Whereas, the Declaration of Covenants, Conditions and Restrictions for Panadero Subdivision were recorded on November 2,1981 in Book 362 at Page 111 in the offices of the Clerk and Recorder of Huerfano County, Colorado (the "Original Declaration"); and

Whereas, the Original Declaration was amended by that particular Amended Declaration of Covenants, Conditions and Restrictions for Panadero Subdivision which was recorded on January 29, 2008 at Reception No. 379076 in the offices of the Clerk and Recorder of Huerfano County, Colorado (the "Amended Declaration"); and

Whereas, the Amended Declaration was amended by that particular Amendment to Declaration of Covenants, Conditions and Restrictions, Panadero Property Owners Association which was recorded on April 22,2010 at Reception No. 388092 in the offices of the Clerk and Recorder of Huerfano County, Colorado ("Second Amendmenf); and

Whereas, to the extent the Amended Declaration or Second Amendment conflicts with or varies the terms of the Original Declaration, the terras of the Amended Declaration and Second Amendment control (the Original Declaration, the Amended Declaration and the Second Amendment are collectively referred to as the "Declaration"); and

Whereas, Article 1.X, Section 2 of the Amended Declaration provides that the Declaration may be amended at any time after the first twent>' years following the date of the Declaration by an instrument signed by a majority of the Members; and

Whereas, a majority of the Members desire to amend the Declaration as provided herein and have signed this Amendment.

Now Therefore, the Declaiation is amended as follows:

1. Article 1, Section 1 of the Declaration is hereby amended to add the following definition:

( j ) "Community Wildfire Protection Plan" shall mean and refer to any community wildfire protection plan (as that term is defined by Colorado statutes) including, without limitation, the La Veta Fire Protection District Community Wildfire Protection Plan dated October 23, 2011, and any successor, supplement or amendment to such plan.

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1. Article V, Section 2 of the Declaration is hereby amended by adding tlie following subsection (d);

(d) Subject to the remaining provisions of this Declaration, the right of the Association to regulate the use, maintenance, repair, replacement and modification of the Common Area, including all improvements located thereon or thereunder. This right shall expressly include the right to carry out and implement one or more Community Wildfire Protection Plans, which may include, without limitation, removal or reduction of flammable vegetation (whether alive or dead) and fuel hazards, and mitigation burning.

3. Article VIII , Section 5 is hereby deleted in its entirety, and the following is substituted therefor:

SECTION 5. Landscaping. All landscaping shall reflect the natural environment of the area. No existing live trees, other vegetation or rocks shall be removed from a Lot except upon approval of the Architectural Review Committee tbr purposes of conistruction of a dwelling, or to provide for safety and defensible space. Dead vegetation may be removed without approval of the Architectural Review Committee, but may only be disposed of in accordance with any policies or rules adopted by the Association's Board of Directors, which may include mitigation burning.

4. Article VIH, Section 6 is hereby deleted in its entirety, and the following substituted therefor;

SECTION 6. Easements. Easements for the installation and maintenance of fences, utilities, and drainage facilities are reserved as set forth in the plats of Panadero Development, Filing No. 1 and Panadero Developmenl, Filing No. 2, both as recorded in the office of tlie Clerk and Recorder of Huerfano County, Colorado.

5. Article W I , Section 7 is hereby deleted in its entirety, and the following substituted therefor:

SECTION 7. Trash. No garbage, refuse, rubbish, trash or cuttings shall be deposited on any: (a) hot unless placed in a suitable container; (b) street; (c) road; or (d) Common Area. The burning of garbage, refuse, rubbish, trash or cuttings in outside incinerators, barbeque pits or fire pits or the like, is prohibited, it being intended that, except as provided herein, all garbage, refuse, rubbish, trash or cuttings and the like shall be hauled from the properties Garbage cans must be located inside garages oh the Owner's Lot or otherwise hidden from view from the street fronting the Lot. The provisions of this Section 7 shall not apply to any mitigation bum carried out by the Association or any Owner in compliance with the provisions of this Declaration.

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6. Article VIII , Section 16 is hereby deleted in its entirety, and the following substituted therefor:

SECTION 16. Mitigation Burning. Notwithstanding any other provision of the Declaration or this First Amendment to the contrary, mitigation burning of timber, underbrush, and other vegetation clearing may be carried out and executed by the Association or Owner, subject to the following restrictions: (a) Only the Association may carry out and execute mitigation burning on the Common Area, except that no mitigation burning may take place on the parking areas located on Tracts F 8c J, Panadero Filing No. 1; (b) Owners may carry out and execute mitigation burning only on their Lot, after approval of the Board of Directors, and only i f the mitigation burning is performed by personnel trained in mitigation burning; (c) Mitigation burning may only be performed during times when there is adequate snow cover on. the ground, as determined by the Board of Directors. (d) I f an Owner elects to create defensible space around a dwelling on an Owner's Lot, tlie Board of Directors may require the Owner to dispose of the debris resulting from the creation of the defensible space in a manner required by the Board of Directors, which may include either by way of mitigation bum or off-site disposal. (e) All mitigation burns shall be in compliance with applicable requirements of flie La Veta Fire Protection District, including issuance of a bum peraiit. Any Ovmer carrying out or executing a mitigation bum shall provide a copy of the bum permit to the Association before carrying out and executing the bum.

7. Except as modified herein, the Declaration shall remain in full force and effect and as modified, is hei'eby ratified.

8. Attached hereto collectively as Exhibit A, and incorporated herein by this reference are the signature pages of at least a majority Members evidencing their approval of tliis Amendment.

Dated this /£) day of J^.^i-v\^3£i?^ 2014.

PANADERO PROPERTY OWNERS ASSOCIATION, a Colorado nonprofit corporation

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) SS.

STAFE OF COLORADO )

COUINTY OF //•:.̂ :̂,.ff 4^ )

The foregoing instrument was acknowledged before me this / 20 /•;/ by

day of as President of PANADERO

PROPERTY OWNERS ASSOCIATIDR a Colorado nonprofit corporation.

Witness my hand and official seal

My commission expires: r^x ^x.a/ '/.

NOi:%RY PUBiJO S W E OF COLORADO

'--Notary Public /

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