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HomeMy WebLinkAbout1.03 Protective Covenants• • PROTECTIVE COVENANTS FOR LAZY DIAMOND A SUBDIVISION LOCATED IN GARFIELD COUNTY, COLORADO Know All Men By These Presents that C. E. AXTHELM CO. and E. R. AXTHELM CO., being the owners of Lazy Diamond A Subdivision located in Garfield County, Colorado, and being desirous of protecting property values and the health, convenience, welfare and use of the owners of lots therein, 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 Lazy Diamond A Subdivision as the same appear upon plat thereof filed for record on 1992, as Document No. in the office of the Garfield County Clerk and Recorder, said restrictions being as follows: 1. DEFINITIONS. As used in these Protective Covenants, the following words, terms and letter designations shall have the following meanings: Association. Subdivision. 2. Association. 1.1 "Subdivision" shall mean Lazy Diamond A Subdivision. 1.2 "Association" shall mean the Lazy Diamond A Homeowners 1.3 "Lot" shall mean a lot in the Subdivision. 1.4 "Owner" shall mean the owner of a lot in the Subdivision. 1.5 "ACC" shall mean the Architectural Control Committee for the LAZY DIAMOND A HOMEOWNERS ASSOCIATION. 2.1 Each Owner shall automatically become a member of the 2.2 The purposes and powers of the Association are as set forth in its Articles of Incorporation and Bylaws and include, but are not necessarily limited to, the management, control and maintenance of: 2.2.1 The water distribution system; 2.2.2 Roadways dedicated to the public, 2.2.3 All common areas; 2.2.4 Irrigation system. • • 3. SINGLE FAMILY RESIDENTIAL USE ONLY. The property in the Subdivision is intended to be developed for single family residential purposes only with all structures designed to blend into and complement the natural surroundings. 3.1 No more than one (1) detached single family dwelling and separate guest house shall be erected upon any lot, except for such accessory buildings and structures which are now located on Lot No. 1, and except for one (1) attached or detached garage on each lot for not more than four (4) automobiles and one (1) barn on each lot for domestsic animals so long as animals are not raised for commercial purposes. 3.2 No building or structure intended for or adapted to business, commercial or manufacturing purposes, nor any multiple family dwellings, shall be erected, placed, maintained or permitted upon any lot. 3.3 All structures shall be sited on each lot by the ACC. Unless varied by the provisions of paragraph 18.4 hereafter, no structure on any lot shall be constructed loser than twenty-five (25) feet to any side lot line or closer than fifty (50) feet from any front lot line. In siting a structure, the ACC shall approve its location as near to the spot selected by the Owner as shall not impede or restrict the view plane of other Owners and otherwise meet the criteria set forth in paragraph 18.2 hereafter. 3.4 No structure shall be placed or located on any lot in such a manner that will obstruct, divert or otherwise alter the natural water drainage courses and patterns. Likewise no landscaping or changes to the existing terrain shall be made which shall obstruct, divert or otherwise alter such drainage. 3.5 The minimum size of each structure erected shall be not less than fifteen hundred (1,500) square feet measured on the outside foundation walls, exclusive of open porches, garages, carports or barns. 3.6 No structure shall be permitted on any lot which exceeds twenty- seven (27) feet in height from the highest natural finished grade line immediately adjoining the foundation or structure. 3.7 No building 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. 3.8 All structures shall be constructed of either brick, stone, lumber or a combination thereof. The use of cinderblock shall not be allowed unless it is faced with another material herein approved. All roofs shall be finished with approved shingles. 3.9 No structure shall be placed or erected upon any lot which is, ever has been or could be made the subject of a specific ownership tax as now defined in Title 42 of 2 • • the Colorado Revised Statutes, nor shall structures constructed in the fashion and manner as trailers be allowed. 3.10 Each structure shall be completed within one (1) year from date of commencement of construction. 4. RESUBDIVISION PROHIBITED. The resubdivision of a lot is prohibited. 5. EXISTING FOLIAGE. The existing foliage and vegetation on each lot shall be preserved in as near a natural state as possible. To this end, the same shall not be removed further than thirty (30) feet from the foundation lines of any structure and only to the extent necessary to install driveways, sidewalks and sewage disposal facilities. 6. UTILITY LINES. No gas lines, light and power lines, telephone lines or television cable shall be permitted unless said lines are buried underground and out of sight from their primary source at the lot line to the dwelling and at the Owner's expense. The ACC may, however, allow overhead light, power, telephone and television lines and cables if the same would not detract from the view of other Owners and the cost of placing the same underground would be great. 7. SEWAGE DISPOSAL. Each residence shall contain at least one (1) fully equipped bathroom and all sewage shall be disposed of by means of an individual, mechanical sewage treatment facility or septic tank and leach field as shall be approved by the Colorado State Health Department and local health agencies having jurisdiction thereof. Owners shall maintain such treatment facilities in good operating condition. 8. NO TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, 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 dwelling on a lot. 9. NO COMMERCIAL USE. There shall not be permitted or maintained upon any lot or any part thereof any trade, business or industry, except that Owners may rent or lease their dwelling for residential purposes when not required for the Owners' use. Renting or leasing of a dwelling may only be done for the entire dwelling. No apartments or other divisible use of the dwelling shall be utilized by anyone other than the Owner and any such use shall be deemed a commercial use and subject to immediate injunction by the Association or other Owners. 10. FENCES AND HEDGES. No fences or hedges shall be constructed, grown or maintained on any lot higher than five (5) feet above ground level, but this restriction shall not apply to patio fences attached to dwellings. 3 • • 11. ANIMALS. 11.1 The ACC may require any Owner to remove any animal if, in the opinion of the ACC, lands are overgrazed or the animal constitutes an annoyance to the Owners of neighboring tracts. 11.2 All animals, including dogs and cats, must be kept within the boundary of the lot of the Owner. 11.3 Lots must be kept clean, sanitary and reasonably free from refuse, insects and waste at all times. 11.4 All animals must be so maintained that they do not become a nuisance to the neighborhood and do not run at large, endanger or harass other animals, including wildlife, upon neighboring lands and public domain. 12. MAINTENANCE OF PROPERTY. 12.1 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 be required for this purpose. 12.2 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 neighborhood. 12.3 Clothes lines, equipment, garbage cans, service yards, woodpiles or storage areas shall be adequately screened by planting or construction to conceal the same from view of neighboring lots and streets. 12.4 The outside burning of any trash, rubbish or other materials shall be absolutely prohibited. Standard and approved barbecues and fireplaces shall be allowed for the preparation of foodstuffs only. 1[3. VEHICLES. 13.1 All motor vehicles must be currently licensed and operational. 13.2 No vehicles, boats, campers, trailers, snowmobiles or other such recreational vehicles or devices shall be stored or permitted to remain for more than three (3) continuous days on any lot unless the same are stored from view in a garage or screened from view. 4 • • 13.3 No business vehicles shall be permitted which do not completely enclose within the vehicle all machinery, equipment and other evidence of the trade, craft or business other than the signs affixed to the vehicles advertising the same. 14. SIGNS. No billboards, signs or other advertising devices of any nature shall be erected, placed, maintained or permitted, provided that this restriction shall not be construed to prevent appropriate name and address signs and signs that advertise property for sale or rent insofar as it is necessary to promote the sale and development of such properties. 15. EASEMENTS. Easements and rights-of-way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipe, conduits, apparatus for the transmission of electrical current, telephone, television and radio lines and for the furnishing of water, gas and sewer service or for the furnishing of other utilities and irrigation ditches and laterals, together with the right to enter for the purpose of installing, maintaining and improving the same along, across, upon and through a strip of land twenty (20) feet in width along all interior lot lines of all lots and twenty (20) feet in width along all outside boundary lines of the Subdivision. 16. ROADWAYS. All roadways in the Subdivision designated "private" shall be conveyed to the Association upon the sale of all lots. Such roadways shall be subject to an easement and right-of-way for ingress and egress for the installation and maintenance of utilities as provided in paragraph ? above. The cost, maintenance and snow removal shall be funded by fees collected as assessments by the Association as provided in the Bylaws thereof. All such roadways may be made public by recording in the office of the Clerk and Recorder of Garfield County, Colorado a deed of dedication thereof properly executed by the officers of the Association and accepted by the Board of County Commissioners of Garfield County, Colorado. Each roadway desired to be made public shall meet Garfield County's secondary roadway specifications and shall be made such at the expense of the Association. 17. WATER. 17.1 Domestic. The domestic water supply shall be from a central water system which shall be operated by the Association. Such water shall be for domestic in-house use only and the irrigation of grass, shrubs, trees or other foliage shall be only as permitted by the Association. All water shall be metered by water meters approved by the Association. 17.2 Irrigation. Irrigation water for use on the lots and the common areas shall be from a central water system which shall be operated by the Association. The amount of water allocated to each owner, his extent and time of use, and all other matters pertaining to irrigation water shall be as from time to time established by the Association. 18. ACC. 18.1 No improvements of any kind, including, but not limited to, dwelling houses, garages, fences, swimming pools, tennis courts, parking areas, drives, antennas, -5- • • flagpoles, walks and every other type of improvement shall ever be constructed or altered on any lands within the Subdivision, including the common areas, nor may any vegetation be altered or destroyed, nor any landscaping performed on any tract unless three (3) complete sets of architectural plans and specifications for such construction, alteration or landscaping are submitted to the ACC prior to the commencement of such work. All decisions of the ACC shall be in writing. One (1) set of such plans and specifications shall remain on file and become a permanent record of the ACC. In the event the ACC fails to take any action within fifteen (15) days after complete architectural plans and specifications for such work have been submitted to it, then all of such architectural plans shall be deemed to be approved. 18.2 The ACC shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the land within the Subdivision conform to and harmonize with the natural surroundings and with existing structures as to external design, materials, color, setting, height, topography, grade and finished ground elevation. The ACC shall protect the seclusion of each home site from other home sites as much as possible. 18.3 Architectural plans and specifications submitted under paragraph 18.1 hereof shall show the nature, kind, shape, height, materials, floor plan, location, exterior color scheme, alterations, grading and all other matters necessary for the ACC to properly consider and make a determination thereon. The ACC shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by these covenants. 18.4 The ACC may grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these restrictions. 18.5 The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval or to any Owner by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such architectural plans. 18.6 The initial members of the ACC shall be: Larry S. Axthelm 4264 County Road 117 Glenwood Springs, CO 81601 Evelyn Axthelm 601 21st Street, Apt. 401 Glenwood Springs, CO 81601 -6- • • Dianne Axthelm 4264 County Road 117 Glenwood Springs, CO 81601. A majority of the ACC may designate a representative to act for it. Should a member resign or become unable to act, the other members shall appoint a successor. Subsequent to the sale of all lots, one or more members may be replaced by written designation recorded in the Garfield County Clerk and Recorder's office showing approval by a majority of the Owners. 19. COVENANTS RUN WITH LAND. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until the year 2011, at which time 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 the then Owners it is agreed to change said covenants in whole or in part. 20. ENFORCEMENT. If any Owner or person acting by, through or under him shall violate or attempt to violate any of the covenants herein stated, it shall be lawful for the ACC or any Owner or the Association to prosecute any suit in law or in equity to restrain and enjoin the violation of such covenants and to recover damages for such violations and recover all costs and attorney fees necessary to enforce the provisions of these covenants. 21. SEVERABILITY. The invalidation of any one of these covenants by judgment or court order shall not effect any of the other provisions which shall remain in full force and effect. DATED this day of , 1992. C. E. AXTHELM CO. By E. R. AXTHELM CO. 7 By