Please note that documents for the Overlook are contained on two pages:

Table of Contents          Top of page ONE          Top of page TWO

DISCLAIMER

The copies of the Declaration of Covenants, Conditions, and Restrictions of Piney Creek Maintenance Association, Inc., the Declaration of Covenants, Conditions, and Restrictions of Piney Creek Recreational Association, Inc., and the Protective Covenants for each neighborhood filing within Piney Creek are provided for convenience only.  No reliance should be placed on the reprint of these documents on this Internet site.  The actual recorded documents can be found at the office of the Clerk & Recorder for Arapahoe County located at 5334 S. Prince St., Littleton, CO 80120.

DECLARATION OF

CONDITIONS AND RESTRICTIONS

FOR THE OVERLOOK AT PINEY CREEK

THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (hereinafter referred to as the "Declaration") is made this _____ day of __________, 1984, by Centex Homes Corporation, a Nevada corporation (hereinafter referred to as "Declarant").

R E C I T A L S:

A. Declarant is the owner of the real property located in the County of Arapahoe, State of Colorado and described on Exhibit I attached hereto and by this reference incorporated herein (hereinafter referred to as the "Real Property").

B. Declarant has prepared a plan of the surface of the ground of the Real Property, together with diagrammatic floor plans of the buildings and other improvements presently under construction thereon. Said plan envisions construction on the Real Property of a cluster home project containing forty-six (46) single family residences. Each single family residence is to contain a one-car or two-car attached garage and is to range in size from approximately 1,100 square feet to approximately 1,800 square feet.

C. Declarant contemplates the possibility of construction of a maximum of one hundred fifty-two (152) additional single family residences upon adjacent land owned by Declarant and, therefore, wishes to provide for expansion of this cluster home project to include such additional land and residences if and when constructed.

D. By subjecting the Real Property to this Declaration, it is the desire, intent and purpose of Declarant to establish a uniform plan for the development, improvement and sale of the lots within the Real Property, to enhance the desirability of living on the Real Property and to increase and preserve the attractiveness, quality and value of the lands and improvements therein.

E. This Declaration shall apply only to the Real Property and to such additional real property as has been hereafter subjected to this Declaration in the manner set forth below in Article II.

DECLARATION

NOW, THEREFORE, Declarant hereby declares that the Real Property is and shall henceforth be owned, held, conveyed, devised, encumbered, leased, improved, used, occupied and enjoyed subject to the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Real Property. Declarant further publishes and declares that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the Real Property as covenants running with the land and equitable servitudes enforceable at law or in equity, as the case may be, and shall be a burden upon the Real Property and be a burden upon and inure to the benefit of all parties having, acquiring or owning any right, title or interest in the Real Property or in any improvements located thereon, their grantees, successors, heirs, personal representatives, devisees and assigns, however said right, title or interest obtained.

ARTICLE I

DEFINITIONS

The following terms and phrases shall have the following meanings when used herein unless the context otherwise specifies or requires.

SECTION 1.01. Association . "Association" shall mean The Overlook Homeowners Association, the nonprofit Colorado corporation described in Article XI hereof and its successors.

SECTION 1.02. Board . "Board" shall mean the Board of Directors of the Association.

SECTION 1.03. Cluster Area. "Cluster Area" shall mean each area within The Overlook which is designated on any recorded subdivision plat of The Overlook as a "Block". Each Cluster Area shall be composed of those Lots on which Dwelling Units that have direct vehicular access thereto off of a common Private Cul-de-sac are located or will be located, together with the Courtyard Common Area adjacent to and associated with said Lots.

SECTION 1.04. Common Driveway. "Common Driveway" shall mean any driveway within The Overlook located on one or more Lots that provides access to two (2) Dwelling Units from the same Private Cul-de-sac.

SECTION 1.05. Courtyard Common Area. "Courtyard Common Area" shall mean each unit of land within The Overlook which is designated on any recorded subdivision plat of The Overlook as a "Tract" and which contains a Private Cul-de-sac. Each Courtyard Common Area shall be owned by the Association for the common use and enjoyment of the Owners of those Lots on which Dwelling Units that have direct vehicular access from the Private Cul-de-sac forming part of that Courtyard Common Area are or will be located and shall be associated with the aforesaid Lots. The Courtyard Common Areas to be owned by the Association at the time of the conveyance of the first Lot are described on Exhibit II attached hereto and by this reference incorporated, herein.

SECTION 1.06. CPI. "CPI" shall mean the Consumer Price Index for All Urban Consumers for Denver-Boulder, Colorado, for All Items, 1967=100, as published by the U.S. Department of Labor, Bureau of Labor Statistics, or if said index should ever cease being published, such reasonably similar index as may be designated by the Board.

SECTION 1.07. Declarant. "Declarant" shall mean and refer to Centex Homes Corporation, a Nevada corporation, and its successors and assigns if such successor or assign should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and is designated as a successor Declarant by the Declarant.

SECTION 1.08. Declaration . "Declaration" shall mean this instrument as it may be amended from time to time.

SECTION 1.09. Dwelling Unit. "Dwelling Unit" shall mean the house which Declarant intends to construct and in fact constructs on a Lot for occupancy as a single-family residence and any alterations or replacements thereof.

SECTION 1.10. Improvement , "Improvement" shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to buildings, outbuildings, patios, tennis courts, swimming pools, cabanas, garages, doghouses, mailboxes, aerials, antennas, roads, driveways, parking areas, fences screening walls, retaining walls, stairs, decks, landscaping, hedges, windbreaks, planting, planted trees and shrubs, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities,

SECTION 1.11. Lot. "Lot" shall mean any unit of land which is designated on any recorded subdivision plat of The Overlook as a "Lot", with the exception of the Courtyard Common Areas.

SECTION 1.12. Managing Agent . "Managing Agent" shall mean the person, firm or corporation (except Declarant while there is a Class B Member pursuant to Section 11.02 of this Declaration) employed by the Association pursuant to Section 11.04(c) of this Declaration, and delegated any of the duties, powers or functions of the Association or the Board pursuant to said Section.

SECTION 1.13. Member . "Member" shall mean any person or entity who is a member of the Association.

SECTION 1.14. Mortgage. "Mortgage" shall mean a mortgage or a deed of trust, as the case may be, given on a Lot or the Courtyard Common Area to secure the payment of a debt, which mortgage or deed of trust is duly recorded in the real property records of Arapahoe County, Colorado. The term "Mortgage" shall also mean any executory land sales contract for a Lot wherein the Administrator of Veterans Affairs, an officer of the United States of America, is identified as the seller, whether or not such contract is recorded and whether such contract is owned by the Administrator or has been assigned to another and whether or not the real property records in the office of the Clerk and Recorder of the County of Arapahoe, Colorado, show the said Administrator as having the record title to the Lot.

SECTION 1.15. Mortgagee. "Mortgagee" shall mean a mortgagee under a mortgage or a beneficiary under a deed of trust, as the case may be, which mortgage or deed of trust is given on a Lot or the Courtyard Common Area to secure payment of a debt and is duly recorded in the real property records of Arapahoe County, Colorado. The term "Mortgagee" shall also mean the Administrator of Veterans Affairs, an officer of the United States of America, and his assigns under any executory land sales contract for a Lot wherein the said Administrator is identified as the seller, whether or not such contract is recorded and whether or not the real property records in the office of the Clerk and Recorder of the County of Arapahoe, Colorado, show the said Administrator as having the record title to the Lot.

SECTION 1.16. Natural Materials. "Natural Materials" shall mean stone, rock, finished or unfinished lumber, brick or other similar materials, but shall not mean cinder block, concrete block, stucco or metal siding. The determination as to whether any specific material constitutes a Natural Material as its use is proposed in a given structure in The Overlook shall be made by the Board.

SECTION 1.17. Notice and Hearing . "Notice and Hearing" shall mean ten (10) days' prior written notice given as in Section 19.01 of this Declaration provided and a hearing open to all Members at which the person to whom the notice is directed shall have the opportunity to be heard in person or by counsel at his expense.

SECTION 1.18. Owner. "Owner" shall mean the record owner, whether one or more persons or entities, of an aggregate fee simple title to any Lot which is part of The Overlook, including Declarant, but excluding those having such interest merely as security for the performance of an obligation.

SECTION 1.19. Person. "Person" shall mean a natural individual or any partnership, joint venture, corporation, unincorporated association, trust or other entity with the legal right to hold title to real property.

SECTION 1.20. Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the Improvement or other proposal in question, including but not limited to those indicating size, shape, configuration or materials, all site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to the Improvement or proposal in question.

SECTION 1.21. Private Cul-de-sac . "Private Cul-de-sac" shall mean each paved, cobbled or bricked courtyard and drive located within each Courtyard Common Area which provides vehicular access to Dwelling Units from dedicated streets.

SECTION 1.22, Public Sidewalk Area. "Public Sidewalk Area" shall mean and refer to the portion of the public right-of-way between the curb and the common property line between the Real Property and the public right-of-way of the streets, roads or cul-de-sacs shown on the Plat of Piney Creek No. 7 as dedicated or to be dedicated to the public (except for East Progress Drive), including without limitation the sidewalk, lawn, and other improvements or landscaping thereon.

SECTION 1.23. Real Property. "Real Property" shall mean that certain real property described on Exhibit I attached hereto, together with all easements appurtenant thereto.

SECTION 1.24. The Overlook. "The Overlook" shall collectively mean the Real Property and all Improvements located or to be located on the Real Property.

ARTICLE II

SUBJECTION OF LAND TO THIS DECLARATION

SECTION 2.01. Reservation of Right to Expand. Declarant, and other Persons with Declarant's written consent, hereby expressly reserve the right to submit in phases, from time to time, all or some of the additional real property described on Exhibit III attached hereto and by this reference incorporated herein, and the Improvements constructed or to be constructed thereon, to this Declaration. Upon the recording of a Notice of Addition of Land containing the provisions set forth below in this Article, the terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations contained in this Declaration shall apply to the added real property in the same manner as to the real property originally subject to this Declaration; and thereafter, such added real property, together with the Improvements constructed or to be constructed thereon, shall for all purposes be treated as an integral part of The Overlook and the rights, privileges, duties and liabilities of all Persons subject to this Declaration shall be the same with respect to all added real property as with respect to the real property originally covered by this Declaration. The Notice of Addition of Land referred to hereinabove shall contain the following provisions:

(a) A reference to this Declaration, which reference shall state the date of recordation hereof and the Book and Page, and the reception number wherein this Declaration is recorded;

(b) A statement that the provisions of this Declaration shall apply to the added real property as set forth herein;

(c) An adequate legal description of the added real property; and

(d) Declarant's written consent.