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Home My WebLink About1.0 Protective CovenantsProtective Covenants Brent L. and Roxanne Lough being the fee owners of that real property described and exhibit A attached hereto and incorporated herein by this reference, the property, hereby declares and establishes that said real property shall be subject to the following limitations, covenants, agreements, restrictions, conditions, easements, and charges (hereinafter collectively referred to as covenants) , all of which are declared and agreed to be for the purpose of enhancing the value, desirability, and attractiveness of said property and every part thereof. All of the covenants appurtenant to and shall run with the said property and shall be binding on all parties having any right, title or interest in said lands or any part thereof and are as follows: ARTICLE I RESIDENTIAL PURPOSE 1. Definitions. The term residential purpose as used herein shall be construed and held to include the use of a residence as a home and a principal dwelling place by the owner thereof. The term residence as used herein shall be construed and held to include single family dwellings. 2. Limitation. No part of the property shall be used for other than a single family residential purpose unless specified by Garfield County Zoning. ARTICLE II ARCHI 1`ECTURAL CONTROL 1. Membership. The initial architectural control committee shall consist of all owners of parcels within the properties provided that if any parcel is owned by multiple parties, such parties shall have one vote. In the event all of the parcel owners shall fail or be unable to agree on any question brought before the committee the declarant hereof shall decide such question. 2. Approval by Architectural Control Committee. Before anyone shall commence the construction, remodeling, addition to, or alteration of any building, wall, fence, hedge, or other structure whatsoever, or any excavation or other sight modification which will destroy or otherwise alter the natural vegetation on any lot, there shall be summitted to the architectural committee, a complete set of plans and specifications for said work and no such structures or improvement of any kind shall be erected, altered, placed or maintained, nor any excavation or sight modification commence, upon any lot unless and until the final plans, elevations and specifications thereof have received such written approval as herein provided. 3. Method of Approval. The Architectural Control Committee shall approve or disapprove, in writing, said plans and specifications within thirty days from the receipt thereof. In the event that no action is taken to approve or disapprove such plans and specifications within said thirty day period, the provision requiring approval of said plans and specifications shall be deemed to have been waived. 4. Limitations of Construction. Any Construction within the property shall be built in place and no mobile homes or modular homes shall be placed upon the property. 5. Completion of Structures and Improvements. Construction of installation of any structure or improvement shall proceed promptly and diligently after approval by the committee. Unless the time is extended by the committee in writing, failure to complete the structure within six months after the date of approval shall constitute an automatic revocation of the approval and any partially completed or installed structure shall not then be thereafter permitted to remain on the property for a period of one month after the committee requests removal of the partially constructed or installed structure. ARTICLE III GENERAL RESTRICTIONS ON USE 1. Zoning Regulations. No part of the property shall be used by or for any structure or purpose or in any manner which is contrary to the applicable zoning regulations of Garfield County, Colorado. 2. Service Yards and Trash. Each residence must maintain an enclose service yard of sufficient size to conceal garbage cans, cloths lines, wood piles and storage piles from lots, roads and all common areas within or adjacent to the property. No above ground oil, gasoline or water tanks shall be permitted on any lot including propane tanks which shall be buried. 3. Underground Utility Lines. All utility pipes and lines within the property must be buried underground and may not be carried on overhead poles nor above the surface of the ground, except for the overhead utility lines currently serving the said property. All such services must be buried underground from the point where said utility take off from transformers and terminal points supply by the declarent. 4. Sanitary Systems. No sewage disposal system, sanitary system, cesspool or septic tank shall be constructed or used on any partial unless fully approved as to design, capacity, location and construction by all proper health agencies of the State of Colorado and the County of Garfield. 5. Walls and Fences. a. Privacy fences adjacent to a residence shall not be subject to a height restriction and may inclose an area of not more than 5,000 sq. ft. , provided that such fence is not closer than 50 feet to any parcel boundary. b. Fences located on the perimeter boundary of any parcel shall be no more than 48 inches in height and shall be constructed of natural wood material. Barbed wire fences are specifically prohibited upon the property. 6. Cleanliness and Unsightly Growth. Each parcel shall be kept in a clean, sightly and wholesome condition at all times. No trash, litter, junk, boxes, container, bottles, cans, unlicensed or inoperable automobiles and motor vehicles, lumber other building materials , shall be permitted to remain exposed on any parcel so as to be visible to any neighboring parcel or road, except as is necessary during the period of construction. ARTICLE IV ENFORCEMENT 1. Judicial Relief. Any violation of the provisions,conditions,or restrictions contained herein shall warrant the declarant or any other parcel owner to apply to any court of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce the same in court; and, the court may award the plaintiff his court cost and reasonable attorneys fees. No delay on the part of the declarant or any other person in the exercising of any right, power, or remedy contained herein shall be construed as a waiver thereof or an acquiescence therein. The various rights and remedies of all persons hereunder shall be cumulative and the declarant or any property owner may use any or all of said rights without in any way affecting the ability of the declarant or any other property owner to use or rely upon or enforce any other rights. Article V General Provisions 1. Amendment and Termination. The restrictions, covenants, and conditions in these Protective Covenants shall continue to run with the Land until such time that the owners of property shall agree to amend or delete parts herein. And said changes are recorded with the Garfield County, Clerk & Recorder. 2. Severability. Each of the covenants, restrictions,and conditions contained herein shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 3. Water System Ownership. The water storage tank that is currently located on the property is gravity fed from the Teller Springs Community water system with independent pumps that service the two pieces of property herein. Each property owner shall be responsible for maintenance of their own pump system. Also each owner shall be responsible for payment of all water usage and all included regulations to the Tellar Springs Water Board. In the event of a failure or necessary maintenance to the storage tank the expenses shall be shared equally between both owners. 4. Road Maintenance. The section of the road that is shared by both properties shall share in the maintenance and upkeep of said section of road, the remaining parts of the roadways shall be maintained in good condition by the properties they serve and all expense in doing so shall be paid by the individual owners of the properties they serve. Brent L. Lough Roxanne Lough STATE OF COLORADO } ss. COUNTY OF GARFIELD} Subscribed and sworn to before me this day of 1999, by Brent L. Lough and Roxanne Lough. Witness my hand and official seal. My commission expires: Notary Public