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HomeMy WebLinkAbout5.0 Protective CovenantsA • i DECLARATION OF PROTECTIVE COVENANTS FOR LOS ADOBES SUBDIVISION WHEREAS, Robert N. Rivers and Los Adobes Joint Venture, a Colorado Joint Venture, consisting of John Peter Greene, Mary Ann Greene, Richard Stephenson and JoAnn Stephenson, (hereafter, in the aggregate, called "Declarant") have caused certain property located in Garfield County, Colorado, in Government Lots 5, 6, 9 and 10 of Section 27, Township 7 South, Range 88 West of the Sixth Principal Meridian, to be surveyed, subdivided and platted into residential lots and open areas as shown on the plat of LOS ADOBES SUBDIVISION, which plat has been filed for record in the real property records of Garfield County, Colorado on the _ day of , 1993 as Reception No. NOW, THEREFORE, Declarant, the owner in fee simple of all lands included within said Los Adobes Subdivision as so platted and above-described, does hereby declare and acknowledge that all the lands included within Los Adobes Subdivision are and shall hereafter be subject to all of the following covenants, conditions, restrictions, easements, assessments, and limitations and shall be held, transferred, sold, conveyed and occupied subject thereto, to wit: ARTICLE I - DEFINITIONS 1. Los Adobes Subdivision. The words "Los Adobes Subdivision", (hereafter referred to as the "Subdivision"), as used in these covenants shall mean all the lands included within the filed plat of Los Adobes Subdivision above referred to. 2. Lots. All of the subdivided lots designated on the recorded plat of the Subdivision as Lots numbered 1 through 7. 3. Homeowners Common Area. The area designated on the recorded plat of the Subdivision as "Open Space" shall be Homeowners Common Area to be owned by the Los Adobes Homeowners Association, Inc., as hereafter provided. 4. Los Adobes Homeowners Association, Inc. The Los Adobes Homeowners Association, Inc., is a non-profit Colorado Corporation, incorporated under such name and shall be sometimes hereafter referred to as the "Association". 1 • 5. Member or Members. The words "Member" or "Members" as used in these covenants shall mean the owner or owners of record of the individual Lots within the Subdivision and as such, those persons comprising the Members of the Association and entitled to vote on matters requiring decisions by the Association. 6. Board of Directors. "Board of Directors" or "Board" shall mean and refer to the duly elected and qualified members of the Board of Directors of the Association, acting in an official capacity. 7. Building Envelopes. "Building Envelopes" are those areas within the Subdivision delineated by broken line description and so labeled, situated within each of the Lots described on the above -referenced recorded plat. Except as otherwise provided in this Declaration all dwelling units and accessory buildings, located on the Lots shall be constructed only within the designated Building Envelopes. 8. Lot Owner. "Lot Owner" shall mean and refer to the record title owner, whether one or more persons or entities, of a fee simple interest in any Lot in the Subdivision. ARTICLE II - PURPOSE OF COVENANTS 1. General Requirements. It is the intention of Declarant, expressed by its execution of this instrument, that the lands within the Subdivision be developed and maintained as a highly desirable scenic and pastoral residential area. It is the purpose of these covenants that the present natural beauty and view, the natural vegetation and growth and native setting and surroundings of the Subdivision shall always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. It is further the purpose of these covenants that the residential dwelling structures within the Subdivision be constructed using design and exterior stucco generally reflecting the architecture and design of the type commonly known as pueblo adobe with dominant exterior color reflecting the earth colors predominate in the Subdivision. ARTICLE III - LOS ADOBES SUBDIVISION HOME OWNERS ASSOCIATION 1. Membership in Los Adobes Homeowners Association, Inc. Every Lot Owner shall be a Member of the Association. The purpose of the Association shall be to exercise any right or privilege given to it expressly in this Declaration or by law, together with every other right or a right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to further the interest of the Lot Owners of 2 1 • the Subdivision. Each Lot shall be entitled to one (1) vote in all matters involving membership decision. It is understood that if title to a Lot is held by more than one (1) person or entity, the membership related to that Lot shall be shared by all such persons or entities in the same proportionate interest and by the same type of tenancy in which title to the Lot is held. Each such membership shall be appurtenant to the Lot upon which it is based; it shall be transferred automatically by conveyance of title to that Lot and shall not be transferred except in connection with such conveyance. No person or entity, other than a Lot Owner, shall be a Member of the Association. 2. Nonliability. Neither Declarant, the Association, nor its Board, its officers, its directors or its committees shall be liable or accountable in damages for any action taken pursuant to authority contained in or derived from this Declaration. 3. Governance. Governance of the Association shall be in accordance with the Articles of Incorporation and By-laws of the Association, as each may be amended from time to time; provided, however, that the Association may also make, adopt and promulgate rules and regulations to implement and enforce the rights, privileges and responsibilities conferred upon or assumed by the Association pursuant to this Declaration or applicable contract or law. 4. Rights and Duties of the Association. The Association shall have the right to accept title to and possession of any real property or interest therein, including improvements thereon, and to any personal property, equipment or any other asset. The Association shall also have the right to incur any debt and pay any obligation, encumbrance, tax or assessment of whatever nature relating to such property or necessary or convenient to enable the Association to further the interest of the Lot Owners. Except as otherwise stated herein, the Association shall provide for the care, operation, management, maintenance, repair and/or replacement of all roads and streets within the Subdivision, all easements or rights-of-way established and conveyed to the Association or its Members, all drainage easements or rights -or -way, pipes or facilities within the Subdivision and those aspects of the Subdivision water supply system as hereinafter specified. All of the foregoing to be known and referred to herein as "common facilities". The Association shall assume all duties required of it by applicable law or as a successor to the Declarant. The rights of the Association shall be broadly construed to allow it to implement the policies established in this Declaration and to promote the health, safety, common good and general welfare of the people owning the Lots or residing within the Subdivision. 5. Assessments. Except as may otherwise be provided by this Declaration, each Lot Owner, including Declarant shall be obligated to pay any assessments duly imposed by the Board of Directors or 3 the Association. To the extent the Association is responsible therefor, assessments may be duly levied for purposes necessary to promote the health, safety and welfare of the Lot Owners and residents of the Subdivision, including but not limited to: payment of the expenses for maintaining, improving and snowplowing all private roads, driveway easements and accesses, within the Subdivision; payment of expenses for administering and maintaining the water rights in connection with the water system to the extent hereafter provided as well as the irrigation water rights used in conjunction with the Homeowners Common Area; payment of expenses for implementing and maintaining a security system for residents of the Subdivision; payment for expenses of implementing and maintaining fire protection systems; payment for expenses for construction and maintenance of other common facilities; payment for expenses for the taxes, utility charges and insurance premiums applicable to the Homeowners Common Area and common facilities; and payment of any and all other costs of -the operation of the Association and the performance of its various functions as set forth herein or required by law. Each Lot Owner, by acceptance of a deed for a Lot,- whether or not it is so expressed in the deed, shall be deemed to covenant and agree with each other Lot Owner, with Declarant and with the Association to pay to the Association annual assessments for the purposes set forth herein and any special assessments for capital improvements or other matters provided for herein. A. Annual Assessments. The total annual assessments against all Lots shall be based upon advance estimates of cash requirements for the Association to'provide for the payment of all estimated expenses arising from or connected with the functions of the Association as set forth herein. These estimates may include, but shall not be limited to, expenses of management, taxes and special governmental assessments, premiums for all insurance which the Association is required or permitted to maintain, charges arising out of the maintenance of the water rights associated with the water supply systems domestic and irrigation, repairs and maintenance of any designated private roads or easements, repairs and maintenance or the common facilities and other assets of the Association, wages for Association employees, legal and accounting fees, any deficit remaining from a previous period, and any other expenses or liabilities which may be regularly incurred by the Association for the benefit of the Lot Owners under and by reason of this Declaration, or applicable law or contractual provision or the rules and regulations of the Association. In addition, the Board of Directors may establish contingency and reserve funds for the maintenance and improvements of any designated private road within the Subdivision, the water supply system, and any other anticipated costs or expenses of the Association in pursuit of its purposes. Notwithstanding the foregoing, contingency and reserve funds shall only be in such an amount as the Board may deem necessary and appropriate for such purposes. Any assessment may include sums allocated for such contingency and reserve funds. 4 • • Annual assessments shall be apportioned equally among all Lot Owners in accordance with their respective Lot ownership. Thus, as the Subdivision is constituted, each Lot Owner's pro rata portion of the common expenses associated with an annual assessment shall be one-seventh (1/7), there being seven (7) Lots in the Subdivision. B. Special Assessments. In addition to the annual assessments authorized by this Article, the Association may levy a special assessment, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement, or for any other expenses, including a capital expense, incurred or to be incurred as provided in this Declaration or the Articles or By-laws of the Association. Any such special assessment shall be borne and paid in the same prorated manner as annual assessments. 6. Notice of Assessments. The Association shall give written notice to each Lot Owner, sent to that Owner's last known address as it appears on the records of the Association, as to the amount of any annual assessment with respect to his Lot on or before twenty (20) days prior to the date upon which that assessment shall be due and payable. Failure of the Association to give timely notice of any assessment as provided herein shall not affect the liability of the Lot Owner for such assessment, but the date when payment shall become due in such case shall be deferred to a date twenty (20) days after such notice shall have been given. Except as otherwisedetermined by the Board, notice of special assessments shall be in accordance with the procedures set forth herein for annual assessments or in accordance with such other procedures as may be determined by the Board of Directors. 7. Enforcement of Assessments. Any delinquent assessment may be enforced or collected in any one or combination of manners set forth in this Declaration. The pursuit of any course of action as a means of collecting or enforcing an assessment shall not be deemed to waive the right of the Association to pursue any other method, either at the same time or subsequently. No Owner may exempt himself from liability for his contribution toward any assessment by waiver of the use or enjoyment of any benefit of Lot ownership or Association membership or by abandonment of his Lot. The Association, and it alone, shall be charged with the responsibility of collecting and enforcing any delinquent assessment, and regardless of the means it employs to do so, the Lot Owner or other person charged with responsibility for any assessment shall pay the attorney's fees and costs incurred by the Association in collecting and enforcing the assessment. A. Personal Obligation of Lot Owner. The payment of any assessment shall be the personal obligation of each Lot Owner 5 • s to the Association. Suit to recover a money judgment for such personal obligation shall be maintainable by the Association. B. Lien for Non -Payment of Assessments. All sums assessed by the Association, together with interest, attorney's fees and costs, shall constitute a lien on the Lot assessed, which lien shall be superior and prior to all other liens and encumbrances, excepting only: (a) tax and special assessment liens on the Lot in favor of any governmental assessing entity; and (b) all sums unpaid on any first mortgage or deed of trust of record on the Lot, including any unpaid advances as may be provided for in such instrument. To evidence such a lien, the Board of the Association shall prepare a written notice setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot and the Lot's legal description. Such notice shall be signed by an officer of the Association and shall be recorded in the Office of the Garfield County Clerk and Recorder. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in the same manner in which mortgages on real property may be foreclosed in Colorado. The Lot owner shall be required to pay the Association any assessments against the Lot which become due during the period of foreclosure and these shall be automatically included in the amount of the lien. If requested by the Association while engaged in such foreclosure, a receiver shall be appointed with respect to the management of any property or the collection of payment of any interim assessments with respect to the Lot. The costs associated with the receiver shall also be added to the amount of the lien. The Association shall have the power to bid on the Lot at the foreclosure sale and to acquire and hold, convey, lease, encumber, use or otherwise deal with the Lot. The Association shall, upon written request, deliver written notice to any encumbrancer of any Lot concerning the amount of.any unpaid assessment remaining unpaid for longer than twenty (20) days after it became due. By acceptance of a deed or conveyance of a Lot, each Lot Owner agrees that the Association's lien on a Lot for assessments as hereinbefore -described shall be superior to the Homestead Exemption provided under Colorado law. Any recorded lien for nonpayment of an assessment or other charge may be released by the Association's recording a release of lien in the Office of the Garfield County Clerk and Recorder. 8. Taxation of Association Property. Any provision in this Declaration to the contrary notwithstanding, to the extent permitted by law, all common facilities owned by the Association shall be assessed and valued with the respective Lots, and the obligation to pay taxes assessed on the Association's said property shall be ratably apportioned among the Owners of Lots within the Subdivision. 6 • • ARTICLE IV - ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee shall consist of all members of the Board of Directors, as said Board of Directors shall be constituted from time to time. Said Architectural Committee shall have and exercise all of the powers, duties and responsibilities set out in this instrument. 2. Approval by Architectural Committee. No improvements of any kind, including but not limited to, dwelling houses and structures, barns, stables, outbuildings, landscaping, swimming pools, tennis courts, ponds, parking areas, fences, walls, garages, drives, antennae, flag poles, curbs and walks, shall ever be erected, altered or permitted to remain on any Lot or lands, including Homeowners Common Area, within the Subdivision unless the complete architectural plans, specifications and a site plan showing the location within a Lot Building Envelope and orientation thereof and proposed site improvements, grading and clearing plans for such erection -or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work. The Architectural Committee shall consider the materials to be used on the external features of said buildings or structures, including exterior colors, harmony of external design with existing structures within the Subdivision, location and height with respect to topography and finished grade elevations and harmony of landscaping with the natural setting and native trees, bushes and other vegetation within the Subdivision, with particular consideration of those matters set forth in Article II hereof. The complete architectural plans and specifications must be submitted in at least two complete sets, and must include at least four different elevation views and be accompanied by computer imaging showing the height and mass of the improvement. One complete copy of plans and specifications shall be signed for identification by the Lot Owner and left with the Architectural Committee. In the event the Architectural Committee fails to take any action within 45 days after complete architectural plans for such work have been submitted to it, then all of such submitted architectural plans shall be deemed to be approved. In the event the Architectural Committee shall disapprove any architectural plans, the Lot Owner submitting the same may appeal the matter at the next annual or special meeting of the Members of the Association, where an affirmative vote of at least a majority of the Members' votes entitled to be cast at said Members' meeting shall be required to change the decision of the Architectural Committee. 3. Variances. Except with regard to location of improvements within the respective Building Envelopes, where circumstances, such as topography, soil conditions, location of property lines, location of trees and brush, or other matters require, the Architectural Committee, by an affirmative vote of a majority of the members of the Architectural Committee, may allow 7 • reasonable variances as to any of the covenants and restrictions contained in this instrument and may allow reasonable modifications in the placement of utilities outside the easements reserved in Article VII hereof on such terms and conditions as it shall require; provided that no such variance shall be finally allowed until 30 days after the Architectural Committee shall have mailed a notice of such request for variance to each Member of the Association. In the event Members representing fifty percent (50%) or more of the votes entitled to be cast at the last preceding annual meeting of the Members of the Association shall notify the Architectural Committee in writing of their objection to such variance within said 30 -day period, the variance shall not be allowed until such time as it shall have been approved by an affirmative vote of more than a majority of the votes entitled to be cast at an annual or special meeting of the Association . 4. Preliminary Approvals. Any person or legal entity who anticipates constructing improvements on lands within the Subdivision, whether they already own a Lot in the Subdivision or are contemplating the purchase of a Lot, may submit preliminary sketches, and computer imaging of such improvements showing the height and mass of the improvement to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches shall be submitted in at least two sets, shall contain a proposed site plan and shall contain sufficient general information on all the aspects that will be required to be in the complete architectural plans and specifications to allow the Architectural Committee to act in giving an informal preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval. 5. Architectural Plans. The Architectural Committee shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by these covenants. 6. Architectural Committee Not Liable. The Architectural Committee shall not be liable in damages to any person or entity submitting any architectural plans for approval, or to any Owner or Owners of Lots within the Subdivision, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. Any person acquiring the title to any Lot in the Subdivision, or any person submitting plans to the Architectural Committee for approval, by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the Architectural Committee, its members as individuals, or its advisors, employees, or agents. 7. Written Records. The Architectural Committee shall keep and safeguard for at least five years complete permanent written 8 • • records of all applications for approval submitted to it (including one set of all preliminary sketches and all architectural plans so submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of this instrument. ARTICLE V - GENERAL RESTRICTIONS ON ALL LOTS, OTHER AREAS AND COMMON FACILITIES 1. Zoning Regulations. No lands within the Subdivision shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the applicable zoning and use regulations validly in force from time to time in Garfield County, Colorado. 2. No Mining, Drilling, or Quarrying. No mining, quarrying, tunnelling, excavating, or drilling for any substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, but excluding water, shall ever be permitted within the limits of the Subdivision. 3. Construction Restrictions. Lot Owners shall be responsible for keeping any construction site located on their Lot as neat and clean as reasonably possible during construction activity. All cans, lunch bags, trash, etc. must be deposited into trash cans or a dumpster. Open burning within the Subdivision of construction materials or other debris resulting from construction activity is prohibited. 4. Signs. No "For Rent" or "For Sale" signs shall be allowed on lands or Lots in the Subdivision. Entrance signs for driveways in style, design and size approved by the Architectural Committee shall be permitted. No advertising signs, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any lands or Lots in the Subdivision. 5. Animals. Lot Owners and occupants of Lots within the Subdivision may not have or keep any animals, except dogs, household cats, fish or birds belonging to the household, in the Subdivision. The Architectural Committee may authorize the keeping of horses and other animals in the Homeowners Common Area so long as there is, in the opinion of the Architectural Committee, sufficient pasture and facilities to accommodate the keeping of such horses and other animals. No dogs or other household animals shall be permitted to run at large within the Subdivision. 6. Service Yards and Trash. All clothes lines, equipment, service yards or storage piles on any Lot in the Subdivision shall be kept screened by adequate planting or fencing so as to conceal the same from the view of neighboring Lots and roads. All rubbish and trash shall be removed from all Lots in the Subdivision and shall not be allowed to accumulate and shall be placed in such 9 • • Common Area containers as designated .by the Architectural Committee. 7. Underground Utility Lines. All water and gas pipelines, and electrical, telephone and all other utility lines within the limits of the Subdivision must be buried underground and may not be carried on overhead poles nor above the surface of the ground except such utilities as a windmill, which, in the sole and exclusive judgment of the Architectural Committee, have beneficial energy features justifying their "above ground" existence. 8. Number and Location of Buildings. No buildings or outbuildings shall be placed, erected, altered, or permitted to remain on any Lot other than one (1) single-family dwelling with an attached or detached garage. All such buildings shall be constructed within the Building Envelopes and no Lot shall be used for commercial or business purposes, but all Lots shall be used exclusively for residential purposes. Subsequent to completion of staking of the foundation or "footprint" of any building improvement to be -constructed on a Lot, the Lot owner shall obtain certification by a Registered Land Surveyor that the proposed location of the building improvement is within the Building Envelope for the Lot. 9. Completion of Construction. Any exterior construction activity, on any Lot once commenced, shall be completed (including clean-up of the premises) not more than twelve (12) months after commencement thereof. 10. No Resubdivision. No Lot in the Subdivision shall ever be resubdivided nor conveyed or encumbered in any less than the full original dimensions of such Lot as shown on the aforesaid recorded Plat of the Subdivision; provided that conveyance or dedications of easements for utilities, access, or private roads shall not constitute a resubdivision. 11. Maintenance of Property. All Lots and improvements thereon shall be kept and maintained by the owner thereof in clean, safe, attractive and sightly condition and in good repair. 12. Towers, Satellite Dishes and Antennae. No towers, and no exposed or outside radio, television or other electronic antennae exceeding the roof line by more than three (3) feet shall be allowed or permitted to remain on any Lot in the Subdivision, except as may be otherwise permitted in the sole and exclusive judgment of the Architectural Committee. Satellite dishes are permitted, but their location and plans for screening must be approved by the Architectural Committee prior to installation. 13. Trees and Landscaping. Except for such cutting or altering of trees and bushes and other natural vegetation growing on a Lot as is necessary to be done in connection with construction 10 • • of improvements or landscaping previously approved in writing by the Architectural Committed, there shall be no further cutting or altering of trees or bushes or other natural vegetation growing on any Lot, and no further landscaping thereof, if such cutting or altering or landscaping would change or alter the natural growth and native setting of the Subdivision, except as may be authorized in writing by the Architectural Committee. 14. Tanks. No elevated tanks of any kind other than one liquified petroleum storage tank shall be erected, placed, or permitted upon any Lot. Any tank used in connection with any dwelling house or other structure on any Lot, including tanks for storage of gas, fuel, oil, gasoline, oil, or water, shall be buried. Only tanks used for storage of liquified petroleum shall be permitted to be installed above ground and then screened in a manner approved by the Architectural Control Committee. 15. Used or Temporary Structures. No used, or previously erected or temporary house, structure, house trailer, or non- permanent outbuilding shall ever be placed, erected, or allowed to remain on any Let except during construction periods, and no dwelling house shall be occupied in any manner prior to its completion. 16. Exterior Lighting and Sound. All exterior light standards, and all exterior sound generating or emitting systems on any Lot shall be approved by the Architectural Committee for harmonious development and the prevention of lighting and sound nuisances to other Lots within the Subdivision. No loud, offensive or other disturbing or disruptive activities shall be allowed or permitted or tolerated on any lands within the Subdivision. 17. Off -Street Parking. No dwelling house shall be constructed on any Lot unless there is concurrently constructed on the same Lot adequate off-street parking area for at least four (4) automobiles, including garage areas. No recreation vehicles, mobile homes, trailers, boats, tractors, snow removal equipment, trucks (other than pick-up trucks) or vehicles not currently registered and having current license plates shall be parked in the Subdivision except in enclosed garages. 18. Garbage Disposal and Septic Systems. Each dwelling house or other structure containing a kitchen constructed on any Lot in the Subdivision, if equipped with a garbage grinder or garbage disposal unit, must be of a type approved by the Architectural Committee. Use of garbage disposals is discouraged. No sewerage disposal system, sanitary system, cesspool, or septic tank shall be constructed, altered or allowed to remain or be used on any Lot unless fully approved as to design, capacity, location, and construction by all proper public health agencies of the State of Colorado and the County of Garfield and also by the Architectural Committee. 11 • • 19. Fences. It is the general intention that there shall be no fencing within the Subdivision except surrounding the Homeowners Common Area. The Architectural Committee, in its sole exclusive judgment, may, however, permit fencing of Lots with such requirements as to materials, design and height as it imposes. 20. No Noxious, Illegal or Hazardous Activities. No noxious or illegal activity of any nature shall be permitted or carried on within the Subdivision. No activities shall be conducted on any Lot or other area within the Subdivision and no improvements constructed on any Lot or other area which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged within the Subdivision, and no open fires shall be lighted or permitted within the Subdivision except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well- designed interior fireplace, or except such campfires or picnic fires in portions of the Homeowners Common Area designated for such use by the Association. ARTICLE VI - RESTRICTIONS ON HOMEOWNERS COMMON AREA 1. Improvements. No improvements of any kind or nature shall be constructed, altered, or allowed to remain on the Homeowners Common Area except non-commercial stables, or barns, riding ring, jumping course, clubhouse, swimming pools, tennis courts, lakes and ponds, greenhouses, recreational facilities, bridle paths, fences or similar improvements or common utilities and facilities for the benefit or use of all of the Members of the Association, and roads giving access to other lands, Lots and areas in the Subdivision. All such improvements shall be approved by the Architectural Committee as elsewhere herein provided. 2. Rights of Lot Owner. Subject to the rights of the Association herein and such reasonable rules and regulations as it may promulgate, every Lot Owner shall have the right to use and benefit from the Homeowners Common Area and common facilities as hereinafter defined. 3. Delegation of Use. Any Lot Owner may delegate his right of use and benefits from the Homeowners Common Area and common facilities to the members of his family, his tenants or guests who occupy his Lot. 4. Personal Property. The Association may acquire, and hold for the use and benefit of all Lot Owners, tangible and intangible personal property and may dispose of the same by sale or otherwise. The beneficial interest of each Lot Owner in such property shall not be transferrable by the Lot Owner except that the transfer of 12 • • title to a Lot shall transfer to the transferee all of the transferor's beneficial interest in such personal property without any reference thereto or execution of a bill of sale. Each Lot Owner may use such personal property in accordance with the purposes for which it is intended, without hindering or encroaching upon the lawful rights of the other Lot Owners, subject to the provisions hereof and any applicable rules and regulations of the Association. The sale of a Lot under foreclosure or execution shall entitle the purchaser thereof to the beneficial interest in the personal property associated with the Lot and to membership in the Association. 5. No Subdivision of Homeowners Common Area. The Homeowners Common Area shall not be subdivided. ARTICLE VII - EASEMENTS RESERVED -MAINTENANCE 1. Utility Easements Reserved. There are hereby created, granted and reserved to the Association perpetual easements ten feet in width along all boundary lines of each Lot in the Subdivision for the purpose of constructing, maintaining, operating, replacing, enlarging, and repairing electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, ditches and conduits, and for purposes of pedestrian and equestrian access for the benefit of the Lot Owners. 2. Maintenance of Roads. All private roads in the Subdivision, including driveway easements and accesses, as shown on the recorded plat thereof shall be maintained and repaired by the Association, such maintenance to include without limitation, grading and snowplowing. ARTICLE VIII - DOMESTIC WATER SUPPLY 1. Water Rights, Well Permits and Water Allocation Contracts. All well permits and water rights associated with the wells hereafter referred to shall be owned by the Association and the Water Allocation Contracts entered into between the Declarant and the Basalt Water Conservancy District and subsequently assigned to the Association, shall be performed, administered and enforced by the Association in accordance with the terms thereof. The Association shall include all costs and expenses in connection with such water rights and Water Allocation Contracts in its annual budget and shall pay the same from Lot Owner assessments as hereinabove provided. 2. Domestic Water Wells. The domestic water supply for the Lots shall be provided by four (4) water wells located upon easements numbered and identified on the aforesaid recorded Plat of the Subdivision (except for Well No. 1 which shall serve only 13 • • and be located entirely on Lot 7) and such wells shall serve the following respective Lots: Well No. Lots Served 2 1, 2 and 4 3 3 and 6 4 5 In the event it is determined that a suitable well cannot be located or sustained on the designated easements, the Lot Owners shall, upon request by the Association, grant an easement or easements upon their respective Lots for purposes of drilling, installing, maintaining and repairing a suitable replacement well or wells for any well found to be unsuitable either initially or in the future. Such easement shall include in addition to the well and associated facilities, an easement for underground water lines to be installed to distribute the water to the Lot or Lots to be served. Any disturbance to the surface of a Lot resulting from the installation, maintenance or repair of any such facilities shall be restored to its previous condition as nearly as possible at the sole expense of the Association. Each of the well installations, well houses, pumps, pipelines and other facilities and equipment subsequent to their initial installation by Declarant, shall be maintained, repaired, and replaced by the Lot Owners whose Lots are served by each of such wells, respectively. ARTICLE IX - ENFORCEMENT 1. Enforcement Actions. The Association shall have the right to enforce this Declaration by means of any legal or equitable action available, including actions for damages and injunctive relief, on behalf of itself and all or part of the Lot Owners with the Subdivision. In addition, each individual Lot Owner within the Subdivision shall have the same right to prosecute any such action for violation of this Declaration. In the event of any such action, the Association or Lot Owner or Owners shall, if it or they prevail in such an action, be entitled to receive reasonable attorneys' fees and court costs from the person violating this Declaration. 2. Limitations of Actions. In the event any construction or alteration or landscaping work is commenced upon any of the Lots in the Subdivision in violation of this Declaration no action is commenced within 120 days thereafter to restrain or enjoin such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. Said 120 -day limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. 14 • • ARTICLE X - GENERAL PROVISIONS 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the Lots and other areas in the Subdivision, and the benefits thereof shall inure to all Lot Owners in the Subdivision, and the benefits and burdens of said Declaration shall run with the title to all of the Lots and other areas in the Subdivision. 2. Termination of Covenants. This Declaration shall remain effective for a term of twenty (20) years from the date that this instrument is recorded, after which time they shall be automatically extended for successive periods of twenty (20) years each; provided, however, that the Association by a vote of at least seventy-five percent (75%) of the total votes entitled to be cast by the Members, may terminate this Declaration effective as of the end of such initial or any successive term. 3. Amendments or Covenants. This Declaration may be amended by the Association by a vote of at least seventy-five percent (75%) of the total votes entitled to be cast by the Members; provided, however, that no amendment shall be permitted which attempts to enlarge or expand upon any obligation of Declarant, its successors or assigns, without its prior written consent to such enlargement or expansion by the Declarant. 4. Revocation of Existing Protective Covenants. By its execution hereof, the Declarant hereby revokes in their entirety the Protective Covenants for Sunnyside Subdivision, recorded as Reception No. 302326 in Book 545 at Page 193 of the records of Garfield County, Colorado. 5. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions hereof. 6. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of this Declaration. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed this day of , 1993, to be effective at the date and time of recording hereof. LOS ADOBES JOINT VENTURE By: Robert N. Rivers John Peter Greene Joint Venturer 15 • • By: John Peter Greene, Individually Mary Ann Greene Joint Venturer By: Mary Ann Greene, Individually Richard Stephenson Joint Venturer STATE OF COLORADO ss. COUNTY OF GARFIELD DECLARANT By: JoAnn Stephenson Joint Venturer The foregoing instrument was acknowledged before me this day of , 1993 by John Peter Greene, Mary Ann Greene, Richard Stephenson and JoAnn Stephenson as all of the Joint Venturers of Los Adobes Joint Venture, and by John Peter Greene and Mary Ann Greene, individually. Witness my hand and official seal. My commission expires SEAL: Notary Public STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of , 1993 by Robert N. Rivers. Witness my hand and official seal. My commission expires SEAL: 16 Notary Public