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HomeMy WebLinkAbout1.0 Declaration of Protective CovenantsDECLARATION OF PROTECTIVE COVENANTS FOR COTTONWOOD HOLLOW SUBDIVISION WHEREAS, GAILEN B. SMITH and PAMELA D. SMITH (Declarants) are the owners of the real property described in Exhibit "A" attached hereto and incorporated herein by this reference, which property is situated in the Cattle Creek area, Garfield County, State of Colorado, described as the Cottonwood Hollow Subdivision, as the same appears on the Final Plat filed for record on , 1984 in the office of the Clerk and Recorder, Garfield County, Colorado; and WHEREAS, Declarants, being desirous of protecting property values and protecting the health, convenience and welfare of the owners of the lots in the Subdivision do hereby make, establish, publish, declare and impose the Following restrictive and protec- tive covenants, conditions, uses, limitations and obligations; and which covenants shall apply to all persons who now own or may hereafter acquire an interest in any portion of the Subdivision and all of which covenants shall be deemed to run with the title of the land and inure to the benefit of and be binding upon the Owner and the Owner's successors in interest in title to the Subdivision or any portion thereof, so long as these restrictive and protective covenants shall remain in force. 1.0 DEFINITIONS. As used in these Protective Covenants, the following words and terms shall have the following meanings: 1.1 Subdivision shall mean Cottonwood Hollow Subdivision. 1.2 HOA shall mean Cottonwood Hollow Homeowners' Associa- tion. 1.3 ACC shall mean the Architectural Control Committee for the Subdivision. 1.4 Lot shall mean any lot, tract or parcel of land in the Subdivision. 1.5 Unit shall mean a residential dwelling unit. 1.6 Owner shall mean the owner of a lot or unit in the Subdivision. 2.0 HOMEOWNERS' ASSOCIATION. 2.1 Homeowners' Association. Any and all owners of lots in the Sudivision upon accepting a deed for that property agree 1 to and shall be a member of, and be subject Lo, the obligations and duly enacted bylaws and rules of th' Cottonwood :Hollow Homeowners' Association. Voting in the Association shall be on the basis of one lot, one vote. The purposes for which this corporation shall be organized are as follows: A. To perform such architectural control, review and planning duties and to enforce protective covenants, limita- tions and restrictions governing the use and occupancy of lands, and the construction and alteration of structures and improvements upon the land. B. To establish, maintain and enforce all nece nary and reasonable rules and regulations concerning the use of all land and interest in land or properly and property rights owned, managed, or held by the Association and members thereof. C. To charge and collect such fees as may be set by the Board of Directors for the use of Facilities, properties owned or operated by the Association, and its cost, assess- ments, and fees will be made by the Association and payment of the same shall be mandatory by the property owners wLthin the Subdivision. Such assessment shall become a lien on the property to the extent not paid upon the recordation of a Notice of Delinquent Assessment duly signed by the Pri;:_ident or Secretary of the A,isociation. The Association shall have the right to recover its reasonable attorney's fees, Court costs and any other collection costs, in any legal proceeding concerning delinquent assessments, or otherwise pertaining to violations of these covenants. 2.2 Individual Seetic Systems. It will be the responsi- bility of the HOA to ensure proper maintenance of iniividual septic systems. The program should include the annual inspection and pumping of a system as necessary. Any and all expenditure for pumping and maintenance of the septic system will be the sole responsibility of s:he owner. 2.3 Maintenance of Cottonwood Hollow Lane. Road mainte- nance and repair of the cul-de-sac, as well as snow removal, shall be the responsibility of the HOA. The payment of such upkeep shall be divided in a fair and equitable manner by the owners of lots served by the cul-de-sac. 2.4 Plan of Augmentation. Each lot owner shall comply with and be subject to the terms and conditions of the Plan of Augmentation and any water rights under which any individual well 2 is operated. Amendments to the Plan of Augmentation for Cotton- wood Hollow Subdivision must be approved by the HOA. The HOA shall then make Application to the Water Court. The HOA ehall not be held liable for any result of said Application, and the lot owner shall reimburse the HOA for all cost and attorney's fees in processing the Application. 3.0 EASEMENTS AND RIGHTS -OF --WAY. 3.1 Easements and rights-of-way for roads, driveways, electricity, phone, lighting and any other kinds of public or quasi -public utility service are reserved as shown on Exhibit "A". No permanent barriers shall be erected or maintained on, across, or within the areas reserved for easements or rights-of-way, and access shall be provided as required. 3.2 Utility Lines. No new power lines, phone lines or television cable shall be permitted unless said lines are buried underground and out of sight from the transformer pole to the structure, at the owner's expense. 3.3 Utility Easements. The existing fifteen (15) foot wide utility easement shown on Exhibit "A" shall remain as granted to Holy Cross Electric Association prior to the recording of the Cottonwood Hollow Subdivision Final Plat, except that it shall include, but not be limited to, telephone and cable televi- sion lines. All new twenty (20) foot wide utility easements shown on Exhibit "A" shall include, but not be limited to, elec- tric power, telephone and cable television lines. Guy wires and anchors may be located outside all easements with the approval of the HOA. In the event that any new line cannot be located within the easements as shown on Exhibit "A", the resulting easements shall be so described in a metes and bounds description and recorded with the Garfield County Clerk and Recorder. The loca- tion of transformer poles providing service to each lot shall be approved by the HOA. 4.0 MAINTENANCE OF PROPERTY. 4.1 The owner of each lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such maintenance as may he required for the property. 4.2 No noxious or offensive conduct or activity shall be carried on upon any lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighbor- hood. 4.3 Clotheslines, equipment, garbage cans, service yards, woodpiles, or storage areas shall be adequately screened by plant- ing or construction to conceal the same from neighboring lots and streets. 3 4.4 The outside burning of trash, rubbish or other materials shall be absolutely prohibited. Standard and approved outdoor fireplaces shall be allowed for the preparation of foodstuffs and heating only. 5.0 USE OF LOTS. Each lot owner shall comply with the Garfield County Subdivision Regulations and the Garfield County Zoning Regulations. These aforementioned regulations shall govern the allowable use of the lot and designate any and all restrictions of the land. 6.0 RESUBDIVISION PROHIBITED. The resubdivision of a lot is prohibited; however, the combining of lots into one lot shall be allowed, provided that the number of dwelling units on said new lot does not exceed the number of dwelling units approved for the separate lots before the single lot was created, and if approved by Garfield County. 7.0 ARCHITECTURAL CONTROL COMMITTEE. 7.1 Committee. The Architectural Control Committee (ACC) shall consist of three members who shall be initially designated by the owner, for an initial term of ten (10) years. Thereafter the terms shall be for five (5) years each and the members of the ACC shall be appointed by the HOA, subject to the requirement that they are a member of the HOA. 7.2 ACC Authori4ty. The ACC shall have the responsibility and authority to review, study, make recommendations and sugges- tions for changes to, and approve or reject proposed improvements within the area described in the plat map of the Subdivision, of which these restrictive and protective covenants are made a part. 7.3 Rules. The ACC shall make such rules and by-laws and adopt such procedures as it may deem appropriate to govern its proceedings. 7.4 Approval of Plans. No building, landscaping, parking or vehicular driveway, fence, wall or other improvement shall be constructed, erected, altered or added to, on any lot until build- ing plans and site plans and specifications showing color, loca- tion, materials, landscaping, and such other information relating to such improvements as the ACC may reasonably require sh,ll have been submitted to and approved by the ACC in writing. The owner shall not forward any notice of approval of such plans to a plan- ning, zoning, or building department of Garfield County ;until such time as the ACC has completed its final review and approval of such plans. 7.5 Criteria. In approving such plans and specifica- tions, the ACC shall consider: 4 7.5.1 The suitability of the improvements and materials which aro 10 be constructed on the site considering the location; 7.5.2 The nature of adjacent and neighboring improvements; 7.5.3 The quality of the materials to be utilized in any proposed improvements; 7.5.4 The effect of any proposed improvement on the viewplain of any adjacent or neighboring property; 7.5.5. The soil review for the site upon which any building is to be constructed and the results of soil tests for the particular site; 7.5.6 A drainage plan for the particular site and the effect of such drainage plan upon the overall subdi- vision drainage plan; and 7.5.7 The landscaping plan for a particular site which shall include designated parking and drive areas. 7.6 Effect of the ACC's Failure To Act. In the event the ACC fails to approve or disapprove plans and specifications submitted to it within sixty (60) days of submission and no suit to enjoin the construction has been commenced prior to the comple- tion thereof, approval shall not be required and the related covenants shall be de .ermined to be fully complied with. 7.7 Liability of ACC. The ACC shall not be liable in damages to any person submitting requests for approval or to any lot owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such requests. 8.0 STRUCTURES IN THE SUBDIVISION. All structures in the Subdivision shall be designed to blend into and complement the natural surroundings. 8.1 No more that, one (1) single family dwelling shall be erected upon any lot. Two (2) detached outbuildings used as a garage, stable, barn, and/or shed are permitted if approved by the ACC. 8.2 All structures to be built on any single lot shall be within the designated and platted building envelope, with the exception of non-inhiLbitable outbuildings which may be sited outside of the building envelope with ACC approval.. 8.3 The mininum size of each single-family structure shall be not less than 1200 square feet of floor area, exclusive of open porches, garages and carport. 5 8.4 No structure shall be permitted on any lot which exceeds twenty-five (25) feet in height from the highest natural finished grade line immediately adjoining the foundation or structure. No radio, short wave or television antenna over five (5) feet above the highest roof line shall be permitted unless approved by the ACC. 8.5 No structure shall be erected by means of other than new construction, it being the purpose of this covenant to insure that old buildings will not be moved from previous locations and placed upon a lot. 8.6 All structures shall have exterior materials of either brick, stone, stucco, lumber, or a combination thereof. Exposed cinderblock and concrete block shall not be allowed unless approved by the ACC. Exposed concrete foundation walls should either be clad with a siding material or screened from public view with landscaping. Metal roofing is permitted provided it is of an earthtone or natural green color. 8.7 Each structure shall be completed within one (1) year from date of commencement of construction. 8.8 No structure of a temporary character, trailer, base- ment, tent, shack, garage, barn or any other outbuildings of any description shall be used on any lot except on a temporary basis, not exceeding six (6) months, by the construction company constructing a structure on a lot. 8.9 Landscaping shall blend with natural vegetation. No living tree shall be removed or cut down without approval of the ACC. All areas cut, filled, or disturbed by any construction or other activity shall be fully restored and landscaped. 9.0 FENCES. Architectural screen fences, limited to six (6) feet above ground level and constructed of natural wood, are allowed, providing they are located within the buildng envelope and approved by the ACC. All other fencing shall be open, wood post and wood rail, or wood post and plain wire (no barbed wire shall be permitted). Fences shall be constructed no higher than forty-two (42) inches high, preferably with a solid wood Lop rail. Under no circumstances shall a fence cross Cattle Creek. 10.0 ANIMALS. 10.1 The grazing of livestock shall occur only in fenced pasture area capable of supporting grazing. Animals are restricted from grazing during non -growing seasons. A maximum of four (4) horses per lot shall be allowed, except on the lots not 6 capable of supporting livestock, those_ being 5, 6, 10, 12 and 13. Paddock areas should be located on relatively flat ground and constructed as herein provided.. 10.2 Domestic animals must be kept within the boundary of the lot of the owner. Dogs shall not be allowed to run loose. They shall be fenced, chained, or housed. 10.3 Lots must be kept clean, sanitary and reasonably free from refuse, insects and waste at all times. 10.4 No hunting, shooting, trapping or otherwise killing or harming of wildlife shall be permitted. 11.0. EFFECT AND DURATION OF COVENANTS. These covenants run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 2000, at which 'imp said covenants shall be automatically extended for successive periods of ten (10) years unless by vote reflected by signed documents duly recorded by the majority of then owners it is agreed to change said covenants in whole or in part. 12.0 ENFORCEMENT. 12.1 Procedure for. Enforcement. If any person shall violate or threaten to violate any of the provisions of these covenants, Owner or his successors or assigns, or any owner of real property in the Subdivision may, but without obligation to do so, enforce the provisions of the instrument by: 12.1.1 Entering upon the property where the violation or threatened violation exists and removing, remedying and abating the violation; such self-help shall be exercised after having given fifteen (15) days prior written notice to the owner or owners of the proper- ty upon which the violation exists and provided the owner shall have failed within such time to take such action as may be necessary to conform to the covenants; or 12.1.2 Instituting such proceedings at law or in equity as may be appropriate to enforce the provisions of this instrument, including a demand for injunctive relief to prevent or remedy the threatened or existing violation of these covenant and for damages. 12.1.3 In the event any party with any rights provided under the terms of these restrictive and protective 7 covenants must bring legal action for the enforce- ment of such covenants, then the prevailing party in such action shall be entitled to the recovery of reasonable attorney fees and costs of litigation, including reasonable costs of expert witness fees, if any. 13.0 AMENDMENT. A vote of two-thirds of the owners of the various lots in the Subdivision shall be necessary to amend these covenants until January 1, 2000. 14.0 SEVERABILITY. Invalidation of any one of the provisions of this instrument by judgment or court order or decree shalt in no way affect any of the other provisions which shall remain in full force and effect. EXECUTED this day or , 1.984. GAILEN B. SMITH PAMELA D. SMITH STATE OF COLORADO ) ss. County of Garfield The foregoing was acknowledged before me this day of September, 1984 by GAILEN B. SMITH and PAMELA D. SMITH. Witness my hand and official seal. My commission expires: Notary Public