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HomeMy WebLinkAboutHOA Covenants for Mayfly Bend Ranch SubdivisionDECLARATION OF PROTECTIVE COVENANTS FOR MAYFLY BEND RANCH SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS AND COMMON OWNERSHIP PLAN is made this i &day of e , 2002 by George R, Kilby and Farley S. Kilby pursuant to and in accordance with t e Colorado Common Interest Ownership Act. ARTICLE 1 GENERAL PURPOSE OF COVENANTS, SUBMISSION, DEFINED TERMS, DESCRIPTION 1) Purpose. These Covenants shall govern and be applicable to that certain real property situated in Garfield County, Colorado known as Mayfly Bend Ranch Subdivision (hereinafter Subdivision or Mayfly Bend) as defined and described in the Final Plat therefor ailed for record in the Office of the Clerk and Recorder of Garfield County as Reception No .. /116 (hereinafter Final Plat). It is the intention of George R. Kilby and Farley S. Kilby (hereinafter Declarant) expressed by their execution of this instrument, that the lands within Mayfly Bend be developed and maintained as a highly desirable scenic, agricultural, equestrian, fishing and residential area that will continue to be a part of the surrounding natural landscape. It is the purpose of these covenants to preserve the open space, wildlife habitat and the landscape that gives this area its present natural beauty and preserve the character of the property in addition to the views and setting of the Subdivision to the greatest extent possible, and the Lots therein shall always be protected as much as possible with respect to uses, structures, landscaping and general development as permitted by this instrument. 2) Property Submission. Declarant hereby submits the real property described in EXHIBIT A, together with all easements, rights of way, and appurtenances thereto and any buildings, fixtures, and improvements thereon (hereinafter Property) to the provisions of the Colorado Common Interest Ownership Act (hereinafter Act) and to this Declaration. In the event the Act is repealed, the provisions of the Act on the effective date of this Declaration shall remain applicable hereto. Declarant further declares that the Property shall be held, leased, mortgaged or sold and conveyed subject to the following terms, easements, reservations, restrictions, covenants and conditions. Declarant further declares that this Declaration shall run with the land and shall be binding upon alt parties having any right, title or interest in the Property or any part thereof, their heirs, devisees, legal representatives, successors, and assigns and shall inure to the benefit of each and every Owner of a Lot (hereinafter Owner or Lot Owner). 3) Defined Terms. Each capitalized term not otherwise defined in this Declaration shall have the meaning specified or used in the Act. 4) Name of Common interest Community. The name of the Common Interest Community is Mayfly Bend Ranch. 5) Type of Common Interest Community. The type of Common Interest Community is a planned community. Page -1- W Les, re -conic di t ri-ft JAMES M. LARSON A PROFESSIONAL CORPORATION P 0 Box 272 GI.ENWOOD SPRINGS. COLORADO 81602 IMEN 1:1IMMO -ID. Nom- u >d -m %.. MEM n14 as ir num a) =m Ems �4," N 6) Association Name. The name of the Association is the Mayfly Bend Ranch Homeowners Association, Inc. a Colorado non-profit corporation (hereinafter Association or HOA). 7) Property Location. The Property constituting the Common Interest Community is located in Garfield County, State of Colorado. Private property rights exist on bordering properties and Mayfly Bend Lot Owners are cautioned not to trespass thereon. 8) Property Description. The Property shall consist of five (5) residential Lots, and one (1) common use open space Lot, all of which are more particularly described on the Final Plat. Lots I through 5 are designated for construction of single-family residences according to the terms of this document. All improvements will be restricted to Building Envelopes and Landscape Envelopes as shown on the Final Plat or as defined herein. a) The common open space parcel is known as Tract 1 and contains approximately 20.384 acres in size and will be owned and maintained by the Association for the benefit of the Owners. Uses of Tract 1 shall be restricted to agricultural and other common uses that are described further in Article III and elsewhere in this Declaration and in the deed transferring title of Tract 1 to the Association. b) Lot 5 is designated as Lot 5 or the Barn Lot. A common barn facility may be built on this lot and may be made available to the Subdivision Lot Owners and others by subsequent document. The Declarant may retain ownership of this Lot and may build a barn and related agricultural facilities, which may be used to serve as a central facility for the Subdivision, for continued agricultural use of the Barn Lot and/or the open space parcel, and/or general support for the Subdivision. This facility may include a dwelling space that may be used to employ a residential property manger who might supervise agricultural activities on the open space parcel known as Tract 1 and general management functions for the subdivision. The barn may include other facilities for the Lot Owners' use under the HOA provisions or to enable the care and sheltering of Owners' horses as well as other common space for the Owners' use. Nothing herein shall restrict use of this lot as a residential lot or the rights of the Owner of Lot 5. 9) Lot Description. Lots 1 through 5 on this property are approved for construction of a single- family dwelling. Lot Owners are advised, however, that any dwelling structure, beyond a single family dwelling on a lot, must have the approval of the appropriate Garfield County authority and the Architectural Committee (hereinafter Architectural Committee or AC) of the Association. The Lot owners are advised that a portion of each lot is designated as Landscape Envelope (hereinafter LE) and the remainder of the lot is designated as Non - Development Easement (hereinafter NDE). All construction and improvement will be confined to the LE, except that a lot owner may put a water well or portion of a septic field on the NDE portion of their lot if approved by the AC and Garfield County Authority. A Building Envelope (hereinafter BE) will be designated within the LE and all dwelling space must be constructed within that area. The Association will manage the NDE portions of all lots for farming, ranching and permitted common uses. The NDE portion of these lots may be irrigated and fenced by the Association for livestock control and farming purposes. The Association will be responsible for care and maintenance of the NDE portions of all lots, and the cost will be borne by the Association. Owners may also allow a portion of their LE to be fenced as described for the NDE, and in that event the Association will care for that portion as though it were NDE. The Association may construct a farming or ranching structure on Page -2- - smo in CJIz =O.9en M lk s m u°F baa � o =- MN� €11 T. IME o IOC g. The rights of the Association over the Common Elements pertaining to farming and ranching, as described in this Article, shall also extend to the NDE portions of the Owners' lots. An Owner may further extend to the Association these rights over a portion of their LE, and in exchange the Association shall care for this extended area in the same manner as the Common Elements without cost to the Owner. An Owner may not prohibit construction of any fencing required for livestock control on the NDE portion of their Lot. 2) Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat as being for the benefit of the Association. Except by agreement with a property Owner, the Association shall have no obligation to pay any amount for the use and enjoyment of such easement. The Association shall pay for the cost of maintaining and repairing any improvements that it places on any easements. 3) Easements for Access and Repairs. The Association shall be entitled to an easement across any of the Lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, or for necessary repairs or emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approval of the Subdivision granted by the Garfield County Board of Commissioners and to determine and enforce compliance with any of the provisions of these Covenants. ARTICLE IV USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant thereto, shall be constructed on any Lot in Mayfly Bend. That dwelling must be located within the BE shown on the Final Plat. 2. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are strictly prohibited in Mayfly Bend. 3. Outbuildings. Owners will be permitted to build customary outbuildings on their lots provided such construction is located within the area designated as LE. All such improvements must comply with the Garfield County Zoning Resolution, must have the required Garfield County permits, and must have the approval of the Architectural Committee of the HOA, as provided below. Owners are reminded that all building, development, and other improvements, including owner fencing and landscaping must be located within the LE and all dwelling space must be within the BE designated for each lot. No outbuildings on these Lots shall exceed 2,200 square feet m building footprint, exclusive of open overhangs or open shed areas, nor be in excess of 25 feet in height. All building heights shall be determined by measuring from the finished grade to the midpoint between the eave and the peak of the roof of said building. Greenhouses shall be permitted within the Subdivision, provided that they do not exceed 500 square feet. Auxiliary buildings such as tool sheds, work areas, or auxiliary building shall not exceed 16 feet in height, and the like shall be permitted provided any individual outbuilding does not exceed 1,000 square feet. No more than two such greenhouses and auxiliary buildings shall be permitted on each Lot. The design and location of all outbuildings shall be approved by the Architectural Committee. The provisions of this section shall not apply to Lot 5. Page -5-