HomeMy WebLinkAbout4.0 Covenants & RestrictionsDECLARATIONS OF COVENANTS AND RESTRICTIONS AND
UNINCORPORATED HOMEOWNERS ASSOCIATION AGREEMENT
QUEEN SUBDIVISION
THIS DECLARATION, made this 1 day of December, 2011 by Darryl R. Queen and
Cathy C. Queen, owners and all future owners of all the hereinafter property and hereinafter
referred to as "declarants" or "owners", do hereby declare:
WHEREAS, declarants are the owners of a certain tract of land situated in the W 1/2 of
Section 3, Township 7 South, Range 89 West of the 6th PM in the County of Garfield and State of
Colorado, and have caused the same to be divided into two lots; and
WHEREAS, the declarants desire to subject said lots of land to certain restrictions,
conditions, and covenants regulating the use and development thereof;
NOW, THEREFORE, said owners declare that the following described land, and all parts
or portions thereof, shall be restricted by the covenants, conditions, restrictions, charges and
agreements hereinafter set forth.
PROPERTY DESCRIPTION
A tract of land situate in the West 1/2 of Section 3, Township 7 South, Range 89 West of
the 6th PM, more particularly described as follows:
Commencing at a No. 5 rebar, from which the west quarter corner of said Section 3
bears N.79°44'54"W. a distance of 1034.42 feet (record tie: N.79°52'06"W. a distance of
1027.34 feet); thence 5.06 °31'20"E. a distance of 500.98 feet to a rebar and illegible
plastic cap; thence 5.88 °19'53"W. a distance of 503.74 feet; thence N.16 °39'43"E. a
distance of 292.33 feet to a rebar and cap, PLS #12770; thence N.06 °42'55"E. a distance
of 223.62 feet to a rebar and cap, PLS #12770; thence N.88 °15'11"E. a distance of
336.81 feet to the point of beginning.
RESTRICTIONS
A. This property shall not be used except for residential purposes, and no building shall
be erected, altered, placed or permitted to remain on said property other than one
detached, single-family dwelling together with private garage, guest house, private
stable or barn, or two residential outbuildings.
B. No dwelling shall be constructed on said land with an original construction area of
less than 900 square feet of living space on one floor, or on two floors in the event
of split-level construction.
C. There is reserve, for all utility purposes, a right-of-way and easement five feet in
width along each side of all interior lot lines and a right-of-way and easement ten
feet in width along all lot lines bordering all public road rights-of-way.
D. No noxious or offensive activities shall be carried on upon the property or any part
thereof, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
E. No live swine or other livestock shall be raised, grown or slaughtered, nor any
poultry raised or grown upon any part of said tract of land. This shall not, however,
prohibit the raising or horses, dogs or cats for the personal use of the owners or said
land, provided that such animals shall not be raised commercially or used for any
commercial purposes, and when so raised upon said premises shall be securely
fenced within the property owned by the owner thereof.
F. No structure of a temporary character, trailer, mobile home, basement, tent, shack,
garage, barn or other outbuilding shall be used on any part of the above described
property at any time as a residence, either temporarily or permanently; that no
building shall be placed on said land by means of other than new construction, and
no building shall be used as a residence, even though new construction, which has
been prefabricated and built elsewhere, it being the intent of these covenants to
prohibit the use of mobile homes as a residence on said property which have been
pre -built and moved to the property. This covenant, however, shall not prohibit
precut homes which are actually constructed on the property.
G. No outside toilet facilities or temporary outbuildings shall be permitted upon any of
said land, and each lot owner shall be personally responsible for the proper
disposition of his own garbage and trash, snow plowing and snow removal, and shall
keep the premises in a clean and sanitary condition.
H. The Individual Sewage Disposal System (ISDS) permit shall be applied for at the time
of the building permit. The IDSD shall be pumped and cleaned at least once every
four (4) years or as needed.
I. These covenants shall run with the land, and be binding upon all parties and all
persons claiming through or under the owners thereof for a period of fifteen years
from date hereof, after which period these covenants shall be automatically
extended for successive periods of ten years, unless an instrument signed by a
majority of the then owners of lots of land in this area, and approved by the Board
of County Commissioners, has been recorded agreeing to change the covenants in
whole or in part. That in the event Garfield County shall adopt appropriate zoning
regulations covering this area with provisions therein contained for variances from
the existing zoning laws, theses covenants may be changed or altered by the
appropriate zoning authority upon following the procedure for variances as may
therein be provided.
J. The proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County.
K. Per Glenwood Springs Fire Department: a 2000 gallon water tank with two
connections on it that allow Glenwood Springs Fire Department access to draft
water from it and another designed for rapid filing. Maintain fire protection water
system. Using Colorado State Forest Service guidelines, create and maintain a
defensible space landscape around the structures put on the lot. Use Firewise
construction designs and materials for new structures built on the lot. Design
ingress and egress to meet 1997 Uniform Fire Code maximum grade, 10%, and
minimum clearance of 13 feet 6 inches. Structures over 3500 square feet to be
sprinkled to NFPA 13D standards. Any fire protection system installed on either Lot
1 or Lot 2 are not intended for the exclusive use of the respective lot and are
expected to be used for the benefit of adjacent property owners.
L. Any building permit submitted to Garfield County Building and Planning Department
for the newly created lot (lot 2) shall include a site specific grading plan that
addresses the drainage issues raised by Zancanella & Associates' report authored by
Tim Beck dated April 28, 2004.
M. Enforcement shall be by proceedings at law or in equity against any person or
persons violating or attempting to violate any covenant either to restrain violation or
to recover damages, or both.
IN QFNESS WHEREOF, the undersigned have hereunto set their hands and seals on this
t% day of December, 2011.
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD
Darryl R. t ueen
Cathy C. (Aileen
The foregoing Declaration of Covenants and Restrictions was acknowledged before me
this 8144 day of December, 2011 by Darryl R. Queen and Cathy C. Queen.
Witness my hand and official seal.
My commission expires:
NATALIE ZANCANELLA
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 06/24/2015
Not : ry Public