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Declaration of Annexation - Hidden Pointe

Declaration of Annexation - Hidden Pointe

 

(continued from previous page) dated March 8, 2005 and recorded March 10, 2005 at Reception Number 2005020904 in the offices of the Clerk and Recorder of Douglas County, Colorado, whereby, among other provisions, the Property would be annexed into the Master Association and to subject the Property to the provisions of the Master Declaration, and the parties agree to the annexation of the Property upon and subject to the terms and provisions set forth in the Amended and Restated Parks Authority Agreement; and

WHEREAS, the Hidden Pointe Homeowners Association, Inc. believes that mutual interests of the owners and users of the Property will be served if the Property is subject to the Master Declaration.

NOW THEREFORE, pursuant to the provisions of the Master Declaration and the Application and Agreement, the Hidden Pointe Homeowners Association, Inc. hereby subjects the Property to the provisions of the Master Declaration upon and subject to the following conditions, stipulations, requirements, terms and provisions:

1.  In the event of any conflict between the Master Declaration and the Hidden Pointe Declaration or the Hidden Pointe Declaration Amendment, the Hidden Pointe Declaration, as amended, shall control. In the case of any conflict between the Hidden Pointe Declaration, as amended, and the Design Guidelines (as defined in the Master Declaration), the Hidden Pointe Declaration, as amended, shall control. The Hidden Pointe Declaration, as amended, shill constitute and be deemed to be a Supplemental Declaration as defined in the Master Declaration, and the Hidden Pointe Homeowners Association, Inc. shall constitute and be deemed to be a Subassociation as defined in the Master Declaration.

2. There shall be one Delegate District in the Master Association for the Property. The Delegate shall be appointed as determined by the Hidden Pointe Homeowners Association, Inc.. Further, each Lot as defined in the Hidden Pointe Declaration shall constitute a Privately Owned Site as defined in the Master Declaration, and, subject to the preceding sentence, the voting rights allocated to Privately Owned Sites in the Master Declaration shall be the same as the voting rights which are allocated to Lots in the Hidden Pointe Declaration.

3. Common Areas (as defined in the Hidden Pointe Declaration) which are owned by the Hidden Pointe Homeowners Association, Inc., or the use of which is limited to members of one or more, but less than all of the Subassociations, shall not constitute Common Areas under the Master Declaration and, therefore, shall be subject to the use and enjoyment only of those persons as provided in the Hidden Pointe Declaration and shall not be subject to the use and enjoyment of other persons not subject to the Hidden Pointe Declaration.

4. From and after the date of recording this Declaration of Annexation, each Own of a Lot subject to the Hidden Pointe Declaration and the Hidden Pointe Declaration Amendment shall have all rights, privileges and obligations of an Owner of a Privately Owned Site under the Master Declaration.

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