HomeMy WebLinkAbout1.0 Amended Protective CovenantsRecorded at 4-5 P.N. June 2, 1970
Reception No. 246512 Chas.S.Keegan,Reco -aer..
Book 410
Page 505
AMENDED PROTECTIVE COVENANTS FOR CEDAR CREST SUBDIVISION (THIRD FILING)
LOCATED IN GARFIEI.D COUNTY, COLORADO
KNOW ALL MEN BY THESE PRESENTS That WESLEY TENBROOK and FRANCES TENBROOK, being the
owners of the land comprising the Cedar Crest Subdivision (Third Filing) located in
Garfield County, Colorado, and being desirous of protecting property values, and protect-
ing the health, convenience, welfare and use of the owners of Lots within said Subdivision,
do hereby declare and adopt the following use and building restrictions each and all of
which shall be applicable to and run with the Lots in Cedar Crest Subdivision as the same
appear on the plat filed for record on July 23, 1968, as Document No. 241367 in the office
of the Garfield County Clerk and Recorder, said restrictions being as follows:
1. The Subdivision to be affected hereby is a part of the following
described tract of land, to -wit:
A tract of land in the SLI/SE'', Sec. 34, SWASW',4 Sec. 35, T. 5 S.,
R. 89 W., 6th P.P. and Lot 4, Soc. 5, T. 6S., R 89 W., 6th P.M.
more particularly described as follows: Beginning at corner #1
from which the SW corner of Sec. 35 bears N. 84°05' E. 74.77 feet;
thence N. 89°48' E. 697.7+ feet along a fence to corner #2; thence
N. 1°26' E. 1329.13 feet along the W. line of the Glenwood Springs
Golf Club and the Sunny Acres Subdivision to corner #3; thence
S. 89°42' W. 654.31 feet along the N. line of the SW)4SW'✓'v of Sec. 35
to corner #4; thence S. 89°50' W. 566.74 feet along the N. line of
the SE',4SL% of Sec. 34 to corner #5; thence S. 0°06' W. 1320.00 feet
to corner #6; thence S. 63°02' E, 30.36 feet to corner #7; thence
S. 73° 29' E. 10.00 feet along a fence to corner #8; thence N.
89°24' E. 223.61 feet along a fence to corner #9; thence N. 880
28' E.
137.08 feet along a fence to corner #10; thence N. 87°50' E. 94.75
feet along a fence to corner. #1, the point of beginning, containing
36.81 acres, more or legis..
2. No Lot shall be resubdivided and no Lot shall be used except for residential
purposes. No building shall be erected. or permitted to remain on any Lot other than one
detached single family dwelling not to exceed 22 feet in heighth from the outside grade
to roof ridge, a private garage for not more than three cars, providing the limitations
herein shall not be construed to rostrict split-level construction. It shall be permissible,
however, to erect such temporary structuren as may be deemed necessary to facilitate
operation during the development and construction. period. Such temporary structures shall
be removed not later than ten days after development and construction shall be deemed to have
been completed.
3. Residence building shall be so constructed that the first floor area of the
main structure, exclusive of open porches, patios and garages shall be not less than 900
square feet except that, in case of tri -level structures where the main living area is spread
over two contiguous and adjacent levels, the combined square footage of said contiguous and
adjacent levels comprising the main liv=ing arca shall be construed as the first floor for
purposes of satisfying this covenant.
4. No building shall be erected, placed, or altered on any Lot until the con-
struction plans and specifications and a plan showing the location of the structure have
been approved by the Architectural Control. Committee as to quality of workmanship and
materials, harmony of design with existing structures, and as to location with respect to
topography and finish grade elevation. No fence or wall shall be erected placed or
altered on any Lot nearer to any street than the minimum building setback line unless simi-
larly approved. Approval shall be as provided in paragraph 18.
5. No building shall be loca::d on ;;t .Lot nearer than thirty (30) feet to the
front line or nearer than fifteen (15) feet to the side street line. No building shall be
located nearer than ten (10) feet to an interior Lot line. For the purpose of this
covenant, eves, steps, patios, and open porches shall not be considered as a part of the
building except as pertains to open porches in. relation to interior Lot lines; provided
however, that this shall not be construed so as to permit any portion of a building on a
Lot to encroach on a neighboring Lot, rii h't of tray, or easement.
3ook 410
i'af>e 506
6. No structure of a temporary character, trailer, mobile home, basement, tent,
shack, garage, barn or other outbuilding shall be used on any part of this tract of land at
any time as a residence, either temporarily or permanently; 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 intention of these covenant: to prohibit the use of mobile homes as a residence
on said property which has been prebuilt and moved to the property. This covenant, however,
shall not prohibit precut homes which are actually constructed on the property.
7. Easements for installation and maintenance of utilities and drainage facilities
are reserved as shown on the recorded plat. Within these easements, nc structure, planting
or other material shall be placed or permitted to remain which may damage or interfere
with the installation or maintenance of utilities, or which may change the direction of flow
of drainage channels in the easements, or which may obstruct or retard the flow of water
through drainage channels in the easement. The easement area of each Lot and all improvements
in it shall be maintained continuously by the owner of the Lot, except for those improvements
for which a public authority or utility company is responsible.
8. No noxious or offensive activity shall be carried on upon any Lot, nor shall
anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
9. No oil, natural gas, mining, quarrying, or other similar development operation
of any kind shall be permitted upon. or in any Lot, nor shall derricks, tanks, or other
structures pertinent to these operations be permitted on any Lot.
10. No sign of a professional nature shall be displayed to the public view except
one professional sign of not more than one square foot, one sign of not more than six square
feet advertising the property for sale or rent, or signs of any dimension used by the build-
ing and developer to advertise during the development, construction and sales period.
11. No animals, livestock, or poultry of any kind shall be raised, bred, or kept
on any Lot, except that dogs, cats or other household pets may be kept provided they are not
kept, bred, or maintained for commercial purpones.
12. No Lots shall be used or maintained as a dumping ground for rubbish or storage
area for junk. Trash, garbage or other waste shall not be kept except in sanitary containers.
All incinerators or other equipment for the storage or disposal. of such material shall be
kept in a clean and sanitary condition.
13. No fence, wall, hedge or shrub planting,; which obstructs sight lines at eleva-
tions between two and six feet above the roadways shall be placed or permitted to remain on
any corner Lot within the triangular area formed by the street property lines and a line con-
necting them at points 25 feet from the intersection of the street lines, or in the case of
a rounded property corner from the intersection of the street property lines extended. The
same sight line limitations shall apply on any Lot within TO feet from the intersection of
a street property line with the edge of the driveway or alley pavement. No tree shall be
permitted to remain within such distance of such intersections unless the foliage line is
maintained at sufficient height to prevent obstruction of such sight lines.
14. No individual water supply system and no individual sewage disposal system
shall be permitted on any Lot.
15. These covenants shall run with the land and shall be binding on all owners of
Lots and all persons claiming under them for a period of 25 years from the date these covenants
are recorded, after which time said covenants shall be automatically extended for successive
periods of ten years unless an instrument signed by the then owners of a majority of the Lots
has been recorded, agreeing to change in whole or in part.
16. Enforcement shall be by proceedings of law or in equity against any person or
persons vilating or attempting to violate any covenant, either to restrain violation or
to recover damages.
410 4111 'ook 410
Page 507
17. Invalidation of any one of these covenants by judgement or court order shall
in no way
affect any of the other provisions which shall remain in full force and effect.
majority shalleyof the
18. The Architectural Control Comm�oodeSpring be composed
ofWesley
ley Ten roo ,
In the eventraof death or resignation
units Tenay de and L. L. Finley all of Glen
committee may designate a representative to act for it.
of the committee, the remaining members shall have full authority to designate
of any member property in this Subdivision. Neither the
a successor, who shall be a resident and owner of p P entitled compensation for
m
service of the performed
committee nor itsorepresentative
rce ennan . Ata any timethhen record owners
ofta change
majority therL t shall thisrecorded written
the of
the Lots shall have the power through a duly
the membership
of the committee or to withdraw from the committee or restore to it any of its
powers and duties.
in of any Lot makes the distances of setback,
19 Variance provision. If the terrabe secured by applying to the
as stipulated in paragraph 5, not feasible a variance may
Architectural Committee.
Dated this _ day of June, 1970.
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD ) dayof June, A.D.
The foregoing instrument was acknowledged before me this
1970, by,WESIEY TENBROOK and FRANCES TENBROOK.
c,
- co i e*on expires
S and and official seal.
U C ti ` :
rI
Notar2t Public