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PROTECTIVE COVENANTS FOR CEDAR CREST SUBDIVISION
FIFTH FILING
LOCATED IN GARFIELD 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
(Fifth Filing) located in Garfield County, Colorado, and being desirous of protecting
property values, and protecting 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 , 1972, as Document No. in the office of the Garfield
County Clerk and Recorder, said restrictions being as follows:
1. The Subdivision to be affected hereby is particularly described in
Exhibit A which is attached hereto and by this reference made a part hereof.
2. No Lot shall be resubdivided and no Lot shall be used except for resi-
dential purposes. No buildings shall be erected or permitted to remain on any Lot
other than the following: one detached single family dwelling not to exceed 25 feet
in height from the outside grade to roof ridge; and one private garage, attached or
detached, for not more than three cars. The limitations herein stated shall not
be construed to restrict split-level construction. It shall be permissible, however,
to erect such temporary structures 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 living area shall be con-
strued as the first floor for purposes of satisfying this covenant.
4. No building shall be erected, placed, or altered on any Lot untilt he 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 workman-
ship 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 similarly approved. Approval shall be as provided in paragraph 18.
5. No building shall be located on any 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, right of way, or easement.
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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 covenants
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, no
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 easements.
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 building and developer to advertise during the development, construction
and sales period; provided, however, that any of such permitted signs shall conform
to all governmental laws regulating the same.
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 purposes.
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
elevations 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 connecting 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
10 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
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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. The restrictions, covenants and conditions contained in this document
shall run with the land and shall be binding on all owners of Lots and all persons
claiming under them for a period of twenty-five years from the date this document
is recorded and from year to year thereafter, unless sooner amended or terminated
by written recorded instrument executed by the then owners of a majority of the
Lots within Cedar Crest Subdivision (Fifth Filing) according to the aforesaid plat.
16. Enforcement shall be by proceedings of law or in equity against any
person or persons violating or attempting to violate any covenant, either to
restrain violation or to recover damages.
17. Invalidation of any one of these covenants by judgment or court
order shall in no way affect any of the other provisions which shall remain in full
force and effect.
18. The Architectural Control Committee shall be composed of Wesley
Tenbrook, Frances Tenbrook and L.L. Finley all of Glenwood Springs, Colorado.
A majority of the committee may designate a representative to act for it.
In the event of death or resignation of any member of the committee, the remaining
members shall have full authority to designate a successor, who shall be a resident
and owner of property in this Subdivision. Neither the members of the committee
nor its representative shall be entitled to any compensation for services performed
pursuant to this covenant. At any time, the then record owners of a majority of
the Lots shall have the power through a duly recorded written instrument to
change the membership of the committee or to withdraw from the committee or
restoreto it any of its powers and duties.
19. Variance provision. If the terrain of any Lot makes the distances
of setback, as stipulated in paragraph 5, not feasible a variance may be secured
by applying to the Architectural Control Committee.
Dated this cv G day of July, 1972.
STATE OF COLORADO )
ss.
COUNTY 1F GARFIELD)
The foregoing instrument was acknowledged before me this.24Aday of
July, A.D. 1972, by WESLEY TENBROOK AND FRANCES TENBROOK.
My commission expires ,(Qe.ce.444,444.. f 73.
Witness my hand and official seal.
-3-
o ary Publis
EXHIBIT A TO PROTECTIVE COVENANTS FOR CEDAR CREST
SUBDIVISION (FIFTH FILING)
LOCATED IN GARFIELD COUNTY, COLORADO
A parcel of land situated in the SE=,SEµ of Section 34, also in the SW4SW4
of Section 35, all in Township 5 South, Range 89 West of the Sixth Princ-
pal Meridian, Garfield County, Colorado, lying Southerly and Westerly of
"Cedar Crest Subdivision Second and Third Filings" said parcel of land
is described as follows:
Beginning at a point on the Southerly right-of-way line of Rock Ledge Drive,
whence an iron post with a brass cap, found in place and properly marked
for the Southeast Corner of said Section 34 being the same as the South-
west Corner of said Section 35 bears: S.02°14'16" E. 1144.11 feet; thence
S.00443'41" E. 106.26 feet; thence S.68°15'00" E. 76.82 feet; thence S.21°
45'00" W. 171.05 feet; thence N.68°15'00" W. 8.00 feet; thence 187.94 feet
along the arc of a curve to the left, having a radius of 489.46 feet, the
chord of which bears: N.79°15'00" W. 186.79 feet; thence S.89°45'00" W.. 149.70
feet;•thence 23.47 feet along the arc of a curve to the left, having a radius
of 15.00 feet, the chord of which bears: S.44°55'30" W. 21.15 feet; thence
S.00°06'00" W. 182.42 feet; thence N.89°54'00" W. 50.00 feet; thence 23.56
feet along the arc of a curve to the right, having a radius of 15.00 feet, the
chord of which bears: S.45°06'00" W. 21.21 feet; thence N.89°54'00" W. 109.28.
feet; thence N.00°06'00" E. 644.07 feet; thence N.89°50'00" E. 341.00 feet;
thence S.01°33'28" W. 160.83 feet; thence S.17400'00" E. 50.00 feet; thence
N.73°00'00" E. 51.00 feet; thence 121.48 .feet along the arc of a curve to
the right, having a radius of 401.54 feet, the chord of which bears: N.81°
•40'01" E. 121.01 feet, to the point of beginning..
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GARFIELD COUNTY,COLORADO
A strip of land being approximately 10 feet in width, situated in the NW4SWI; of
Section 35, Township 5 South, Range 89 West of the Sixth Principal Meridian, said
strip of land being described as follows:
Beginning a- a point on the. Northerly line of the Cedar Crest Subdivision,
Second Filing, said point being the Northeast Corner of Loy 4, also the
Northwest corner of Lot 3 of said Second Filing, whence an iron post with
7 brass cap, found in place and properly marked for the Southwest Corner
of said Section 35 bears: S.08°41'18" W. +336.40 feet; thence N.39425'32"
E. 43.86 'ee-; `hence N.27°22'07" W. 64.48 feet; thence N.86438'59" W. 21.
18 feet; thence N.21°44'39" E. 10.54 feet; thence S.86°38159" E. 33.26
feet; thence S.27°22'07" W. 80.95 fee-; thence S.39125'32" W.36.60 fees to
a point on the Northerly line of said Second Filing; thence S.89°42'00" W.
13.00 feet along the Northerly line of said Second Filing, to the point of
beginning.
The above described strip of land contains 0.03 acres, more or less.
",.ARROW AND WALKER, INC.
Robert [S. Scarrow, iieg. Land Surveyor
July 15,1970
I
ROBERT D. SCARROW L.S. PRES. & MGR.
TOM WALKER L.S.
ROBERT A. WAMSLEY L.S.
JEAN COLE L.S.
ROBERT L. LONGFELLOW P. E.
iS!avocu anc1 (11PaLjez, gnc.
Reg. Land Surveyors and Engineers
Box 460
Glenwood Springs, Colo. 81601
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ELECTROTAPE
CLARY COMPUTER
WILD THEODOLITE
ZIESS LEVEL
INSTRUMENT RENTALS
Description for the Preliminary Map of Cedar Crest Subdivision Fifth Filing
A parcel of land situated in the SE4SE4 of Section 34, also in the SW4SW4
of Section 35, all in Township 5 South, Range 89 West of the Sixth Princ-
pal Meridian, Garfield County, Colorado, lying Southerly and Westerly of
"Cedar Crest Subdivision Second and Third Filings" said parcel of land
is described as follows:
Beginning at a point on the Southerly right-of-way line of Rock Ledge Drive,
whence an iron post with a brass cap, found in place and properly marked
for the Southeast Corner of said Seddon 34 being the same as the South-
west Corner of said Section 35 bears: S.02°14'16" E. 1144.11 feet; thence
S.00°43'41" E. 106.26 feet; thence S.68°15'00" E. 76.82 feet; thence S.21°
45'00" W. 171.05 feet; thence N.68°15100" W. 8.00 feet; thence 187.94 feet
along the arc of a curve to the left, having a radius of 489.46 feet, the
chord of which bears: N.79°15'00" W. 186.79 feet; thence S.89°45100" W.. 149.70
feet;:thence 23.47 feet along the arc of a curve to the left, having a radius
of 15.00 feet, the chord of which bears: S.44°55130" W. 21.15 feet; thence
S.00°06'00" W. 182.42 feet; thence N.89°54'00" W. 50.00 feet; thence 23.56
feet along the arc of a curve to the right, having a radius of 15.00 feet, the
chord of which bears: S.45°06'00" W. 21.21 feet; thence N.89°54'00" W. 109.28
feet; thence N.00°06'00" E. 644.07 feet; thence N.89°50'00" E. 341.00 feet;
thence S.01°33'28" W. 160.83 feet; thence S.17°00'00" E. 50.00 feet; thence
N.73°00'00" E. 51.00 feet; thence 121.48 feet along the arc of a curve to
the right, having a radius of 401.54 feet, the chord of which bears: N.81°
40'01" E. 121.01 feet, to the point of beginning.
•
CITY ATTORNEY
JOHN A. THULSON
• CITY OF •
GLENWOOD SPRINGS, COLORADO
"AU Year 'Round Health And Pleasure Resort"
December 16, 1970
CITY MANAGER
A. E. AXTELL
TO WHOM IT MAY CONCERN:
The City of Glenwood Springs gets its water supply
from a spring -fed creek known as the Grizzley Meadows
Area. There has never been a time in 50 years that there
has not been a sufficient supply of water for this City.
In fact, the City has judicated a sufficient supply of
water to feed a city of 20,000 people.
We have a microstrainer filter plant, and, of course,
chlorinate all water.
The same water supply that serves the City also
serves the Cedar Crest Subdivision on the fringe •rea
of Glenwood Springs.
Very truly yours,
A. E. Axtell
City Manager
City of Glenwood Springs
AEA:ja
DIRECTOR OF FINANCE
OARY J. POWELL
• of
GARFIELD COUNTY PLANNING COMMISSION MEETING - 7-26-72
At the Garfield County Planning Commission Meeting,
July 26, 1972 Mark Bearwald made a motion to recommend to
the County Commissioners that the Cedar Crest Subdivision
Filing #5 be approved subject to the following conditions:
An acceptable type of drain plan on the 20 ft
easement at the end of Rock Ledge be presented.
(A storm drain from Rock Ledge Drive to Tanager Drive.)
A letter to the County Commissioners from the West
Glenwood Sanitation District stating their ability
to supply water and sanitation facilities.
The motion was seconded by Jack Mitchell and carried
unanimously.
At the Garfield County Planning Commission Meeting,
July 26, 1972 Jack Mitchell moved we recommend to the
County Commissioners that the Panoramic View Subdivision be
approved subject to the following conditions:
A report from a geologist to determine if adequate,
potable water can be obtained by the wells.
Approval of the County Sanitarian on each sewage
disposal unit.
The wording in the Covenants changed to read that
there can be only one single family dwelling per lot.
In the wording "residential outbuildings", the
"residential" shall be stricken.
The motion was seconded by Carl Bernklau and carried
unanimously.
D'
Dotti Pretti, Secretary
Garfield County Planning Commission
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ROARING FORK SCHOOL DISTRICT RE -1
LUCIAN H. ALLEN. SUPERINTENDENT
NICHOLAS R. MASSARO. ASSISTANT SUPT.
P. 0. BOX 820
GLENWOOD SPRINGS. COLORADO 81601
July 21, 1972
Garfield Board of County Commissioners
Glenwood Springs
Colorado 81601
RE: Request For Approval Of Cedar Crest
Subdivision Filing #5 (13 lots)
Gentlemen:
The Board of Directors of Roaring Fork School District RE -1
by resolution approved on July 18, 1972, authorizes the school
administrative staff to answer request for School Board ap-
proval of subdivision sites of fifty lots or less in accord-
ance with guidelines developed in the School Board policy.
In accordance with the Board policy, I am recommending the
donation of the value of thirteen fiftieths (13/50) of an
acre to be deposited with the County Commissioners for the
purchase of future school sites. The School District has no
other comments or objections concerning this proposed sub-
division.
Sincerely yours,
Lucian H. Allen
LHA/mlw
cc: Robert A. Wamsley
MT. SOPRIS
SOIL CONSERVATION DISTRICT
July 21, 1972
County Commissioners
Garfield County
Glenwood Springs, Colorado 01601
Gentlemen:
This is the fifth filingn f
CedardCrest Subdivision. Work
done in the past has be
opinion there has been no apparent Quality, and in the
Board's
damage to the areaea .
We have no additional recommendations over what has been do
in the past.
ne
Mt. Sopris Soil Conservation District Board
Flaven Cerise, Chairman
( Jean Blue, Secretary.
o:ewxKYmY`9`5�
2014 Blake Avenue
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GARFIELD COUNTY
ENVIRONMENTAL HEALTH &
PUBLIC HEALTH NURSING SERVICE
GLENWOOD SPRINGS, COLORADO 81601
PHONE 'CifAX)CATA
July 19, 1972 945-7255
Cedar Crest
P.O. Dox 460
Glenwood Springs, Colorado 81601
Dear Sir:
This letter is regarding the purposed Subdivision known as
Cedar Crest, and located in Wiest Glenwood.
This office hos no objections to this purposed subdivision
as long as the ;Jest Glenwood Water and Sanitation Districts
agree and are able to serve this area.
If there are any further questions please contact this office.
Sincerely,
c)t
,-nes C. Roark,
rk, Saniiarian
arf. Co. Environmental
Health
JOHN A. LOVE
Governor
DIVISION OF WATER RESOURCES
Department of Natural Resources
101 Columbine Building
1845 Sherman Street
Denver, Colorado 80203
July 17, 1972
Cedar Crest
P.O. Box 460
Glenwood Springs, Colorado 81601
Re: Cedar Crest, Filing No. 5
Dear Sir:
This is to acknowledge receipt of the plat for the above referenced
subdivision. I am returning same without favorable comment until such
time as I receive a formal request for review of this subdivision from the
Garfield County Planning Commission as required under Senate Bill 35.
Very truly yours,
C. J Kuiper
Sta - Engineer
CJK/JAD: j lh
Enclosure
cc: Kirk Thomas
C. J. KUIPER
State Engineer
•
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF GARFIELD AND STATE OF COLORADO
CIVIL ACTION NO. 5433
IN RE THE ORGANIZATION OF WEST
GLENWOOD SPRINGS SANITATION DISTRICT,
GARFIELD COUNTY, COLORADO
0 RDE R
This matter coming on to be heard on the Petition of the West Glenwood
Springs Sanitation District for the inclusion of the following described
real property within the boundaries of said district, to -wit:
All that part of the SW4SW4 Sec. 35, T. 5 S., R. 89 W., 6th P.M.',
described as follows: Beginning at the SW corner of said Sec. 35;
thence along the South section line of said Sec. 35 N. 89°50' E.
623.55 feet, more or less, to a fence located and in place (said
fence extending northerly along the westerly side of the Glenwood
Springs Golf Club and Lot 12, Sunny Acres Subdivision); thence along
said fence N. 1°26' E. 1322.03 feet, more or less, to a point on the
North line of the said SW4SWk Sec. 35; thence along the North line
of the said SW'kSW4 Sec. 35 S. 89°42' W. 654.31 feet, more or less,
to the NW corner of the said SW'SW' Sec. 35; thence along the West
Section line of said Sec. 35 S. 0°06' W. 1320.0 feet, more or less
to the point of beginning, containing 19.37 acres, more or less;
the SE,SE'k Sec. 34, T. 5 S., R. 89 W., 6th P.M.; and
All that part of Lot 4, Sec. 5, T. 6 S., R. 89 W., 6th P.M. described
as follows: Beginning at the SW corner of Sec. 35, T. 5 S., R. 89 W.,
6th P.M.; thence along the South section line of said Sec. 35 to the
NE corner of Lot 4, T. 6 S., R. 89 W., 6th P.M,; thence S. 1°26' W.
7.10 feet, more or less, to the NE corner of the Vista Heights Sub-
division as shown and described on the plat of said subdivision filed
with the Clerk and Recorder of Garfield County, Colorado, as Doc.
No. 211495; thence westerly along thenortherly line of said Vista
Heights Subdivision as shown and described on saidplat to the NW
corner of said Subdivision; thence continuing along a fence located
and in place S. 89°24' W. 223.61 feet; thence N. 73°29' W. 10.00
feet; thence N. 65°02' W. 30.36 feet to a point on the South section
line of Sec. 34, T. 5 S., R. 89 W., 6th 1%1M.; thence along said
section line N. 89°50' E. 566.74 feet, more or less, to the point
of beginning, together with all water and ditch rights belonging to
and used in connection with the above described real estate,
and the Court having read said Petition and being fully advised in the premises
finds that the action required for the inclusion of said lands within said District
as defined by Chapter 89-5-22 (1) C.R.S. 1963 have been complied with by the Board
of Directors of said District, and accordingly,
IT IS ORDERED that the real property hereinabove described should be and
the same is hereby ordered to be included within the boundaries of aid District.
Done in Chambers at Glenwood Springs, Colorado, this,- day of July, 1967.
DISTRICT COURT OF GAR IF ELD COUNTY~
GLENWOOD SPRINGS, COIORADO
Certified to hF, a full,' true and correct copy of the
original 113y cusf fiy.
Dated L/2/
:.--
moNJ a RTWIlf....................
_.._..___..._..� Clerk
-Deputy
BY THE COURT:
Judge