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HomeMy WebLinkAbout1.03 Declaration of Protective CovenantsReception#: 827819 11130/2012 02:23:10 PM Jean Alberico 1 of 6 Rec Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS ORR-SMITH SUBDIVISION EXEMPTION Garfield County, Colorado THIS DECLARATION OF COVENANTS is made and entered into by Lacy Orr and Gil Smith ("Declarants") on the day and year hereinafter set forth. WITNESSETH: Declarants, owners in fee of that real property described as Lot 1, Lot 2, Lot 3, Lot 4, and Lot 5 of Orr -Smith Subdivision Exemption, Garfield County, Colorado, as described in the Exemption Plat recorded as Reception No. $21$15 in the Office of the Garfield County Clerk and Recorder, desire to subject and to place upon that real property certain covenants, conditions and restrictions set forth herein, for the purpose of protecting the value and desirability of said property, for purpose of furthering the development of the property and in order to comply with conditions of approval of Garfield County for Orr -Smith Subdivision Exemption. NOW, THEREFORE, THE UNDERSIGNED hereby declare that Lot 1, Lot 2, Lot 3, Lot 4, and Lot 5, Orr -Smith Subdivision Exemption, shall be held, sold and conveyed subject to the following covenants and conditions: ARTICLE 1 Single Family Residential Use 1.1 The Lots in Orr -Smith Subdivision Exemption are developed for single family residential purposes only with all structures designed to blend into and compliment the natural surroundings. 1.2 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. 1.3 All structures shall be constructed of either brick, stone, lumber or a combination thereof. Stucco exterior covering is allowed. The use of cinder block shall not be allowed unless it is faced with another material herein approved. United States Forest Service and Colorado State Forester Wildfire Prevention guidelines should be incorporated into residential site planning and design. 1.4 Barns used for housing of livestock and other agricultural activities shall be allowed on each lot. The accessory structures shall be designed to blend in and compliment primary residential structures. 1.5 No structure of a temporary character, trailer, basement, tent, shack or any other outbuildings of any description shall be used on any Lot, except on a temporary basis, not exceeding twelve months, by the construction company constructing a dwelling on a Lot. .111 101, 11111 Recepttonll. 827819 11/30/2012 02:23;10 PM Jean Alberico 2 of 8 Rec Fee:$46.00 Doo Fee:0.00 GARFIELD COUNTY CO 1.6 The Lots are located in a geologically sensitive area and therefore may be prone to hazards including landslides, unstable slopes, collapsible soils, shallow ground water, perched water, and erosion. The development of each Lot shall be designed to eliminate or mitigate the potential effects of hazardous site conditions by a qualified professional geotechnical engineer. No building permit for any of the Lots shall be accepted by the County without a geotechnical report by a professional geotechnical engineer. 1.7 No structure shall be erected on Lot 5 outside the Building Envelope designated on the Exemption Plat. Structures located on Lots 1, 2, 3, and 4 shall comply with the Garfield County minimum set back requirements for the Rural Zone District. Further, no structure on any Lot shall be allowed within 35 feet of the high water mark of Garfield Creek. ARTICLE 2 Utility Lines and Roadways 2.1 No new gas 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. ARTICLE 3 Pets and Animals 3.1 All animals, including dogs and cats, must be kept within the boundary of each Lot and under the control of the Owner. All animals must be so maintained that they do not become a nuisance or annoyance to the neighborhood so as to unreasonably interfere with or disturb the use, enjoyment and access to any other occupant of the Lots. Permitted domestic animals shall not run at large, endanger or harass other animals, including wildlife, upon neighboring lands and public domain. ARTICLE 4 Fireplaces 4.1 No open hearth, solid -fuel fireplaces will be allowed on any of the lots. One new solid - fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., and regulations promulgated thereunder, shall be permitted in a dwelling unit. Dwelling units shall be permitted an unrestricted number of natural gas or propane burning stoves and appliances. ARTICLE 5 Lighting 5.1 All exterior lighting on the Lots shall be the minimum reasonably necessary for the safe use of the premises, and to the extent possible, all exterior lighting shall be directed downward and toward the interior of the Lot, except when absolutely necessary to provide for safety lighting on the premises. 1111n k ' iniho W.Irrow:riff win 11111 Reception#: 827819 11/30/2012 02:23:10 PM Jean Alberico 3 of 8 Rec Fee:$46.00 Doo Fee:0.00 GARFIELD COUNTY CO ARTICLE 6 Agricultural Living 6.1 Colorado is a "Right -to -Farm" State pursuant to C.R.S. § 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as part of a legal and non -negligent agricultural operations. It should be understood that farming and ranching operations will continue on Lot 1 to include, but not be limited to raising of ranch type animals (Le., horses). 6.2 All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. ARTICLE 7 Domestic and Irrigation Water 7.1 The domestic water supply for Lot 1 shall be provided by an individual domestic well located on Lot 1 and permitted under Colorado Division of Water Resources Well Permit No. 80600 for 1 single family residence and irrigation of lawn and garden estimated at 5,000 square feet. The domestic water supply for Lot 2 shall be provided by an individual domestic well located on Lot 2 and permitted under Colorado Division of Water Resources Well Permit No. 152526 for 1 single family residence and irrigation of 1 acre of lawn and garden. The domestic water supply for Lots 3, 4 and 5 shall be provided by a shared domestic well pursuant to the Declaration of Well Water Use and Maintenance filed concurrently herewith. The Well, which is located on Lot 4, is permitted under Colorado Division of Water Resources Well Permit No. 271770 for domestic use in 3 single family residences, 1 acre of lawn and garden irrigation and domestic livestock. Only Lot 5 is entitled to use the shared well for lawn and garden irrigation. Homes on all Lots must be equipped with individual water softening and water conditioning systems. 7.2 The irrigation water supply for Lots 1, 2, 3, and 4 shall be provided by 2.0 cfs of the Young & Hess Ditch water right decreed in Case No. 94CW122, District Court, Water Division 5, Colorado. The Young and Hess Ditch right shall be governed by the Declaration of Irrigation Water Use and Maintenance filed concurrently herewith. The irrigation water supply for Lot 5 3 . 1111 KIMiTLIP111145 11111 ' Reception#: 827819 11!30!2012 02:23:10 PM Jean Atberico 4 of 8 Rec Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO shall be provided by the water well permitted under Colorado Division of Water Resources Well Permit No. 271770 for 1 acre of irrigation. ARTICLE 8 Individual Sewage Disposal System Maintenance 8.1 Each residence shall contain at least one fully equipped bathroom, and all sewage shall be disposed of by means of an individual sewage disposal systems ("ISDS") which 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. 8.2 Each ISDS shall be designed by a professional engineer registered in the State of Colorado, pursuant to C.R.S. § 12-25-111 and shall adequately address the soil percolation conditions present at the Lot site. ARTICLE 9 Fire Protection 9.1 There shall be an automatic fire suppression system installed in all new residences constructed in the Orr -Smith Subdivision Exemption. The systems shall be designed according to NFPA 13D standards with 25 minutes of water storage and visual/audible flow alarm. 9.2 Due to the flammable vegetation and slope on Lot 5, the Owners of Lot 5 shall be required to implement the Colorado State Forest Service's Defensible Space standards. The area called Defensible Space has two zones. The size of Zone One is at least 15 feet, measured from the edge of the structure but can vary depending on the percent of the surrounding slope. Within Zone One, several specific treatments are recommended: a) Plant nothing and allow no shrubs or trees to grow within 3 to 5 feet of any structure. If landscaped grass is allowed to grow in the area around the structure it must not grow taller than 6 inches; b) If the structures are built with non-combustible siding, such as rock or stucco, a widely -spaced foundation planting of low growing shrubs or other "fire -wise" plants are acceptable; and c) It is ideal to remove all flammable vegetation, specifically native trees, in Zone One to reduce the fire hazard. If a native tree is kept in Zone One is should be considered part of the structure and the zone extended out around it and/or isolated from other surrounding trees. Landscaped trees, particularly deciduous species, are allowed in Zone One as long as they are not right next to the structure, no shrubs are growing beneath them and they are on a watering system to insure adequate plant moisture. Zone Two is an area of fuel reduction designed to reduce the intensity of any wildfire approaching the structure. Within this zone, the following is recommended: a) Trees and shrubs should be thinned so there is at least a 10 foot space between crowns. Crown separation is measured from the furthest branch on one tree to the nearest tree crown. On steep slopes, allow more space between tree crowns; b) Trees may be clumped together in two or threes to create a more natural appearance, but adequate spacing between clumps must be maintained; and c) Ladder fuels, such as small shrubs, young trees and very low growing branches, should be 4 Reception#: 827819 11/30/2012 02:23:10 PM Jean Alberico 5 of 8 Rec Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO removed from beneath remaining trees. These fuels can feed a wildfire and produce greater heat and intensity. ARTICLE 10 Weed Management 10.1 Control of noxious weeds is the responsibility of individual lot owners in compliance with the Colorado Noxious Weed Act and the Garfield County Weed Management Plan. Lot owners will be responsible for providing ongoing weed management services for their property. The individual lot owners will be encouraged to participate in the weed eradication program established by Garfield County. ARTICLE 11 Revegetation of Disturbed Areas 11.1 Site disturbance will be limited to private driveways and areas around individual residences. Other than the existing shared driveway for Lots 1 and 2 there are no other common access drives. Access for Lots 3, 4 and 5 will be from County Road 312. Areas disturbed by construction activity will be revegetated with grasses (both native grasses and turfgrass) that are compatible with the vegetation that currently is present on the site. 11.2 Disturbance on Lot 5, outside of developed turfgrass areas, will be seeded with the following seed mix and at the rate specified: SEEDING SCHEDULE Description Lbs.IPLS/Acre* Intermediate Wheatgrass `Oahe' Western Wheatgrass `Arriba' Slender Wheatgrass 'San Luis' Indian Ricegrass 'Nez Par' Sheeps Fescue `Covar' Blue Gramma `Hachita' Sand Dropseed Blue Flax 'Appar' 4.0 3.0 3.0 3.0 1.5 1.5 0.1 0.75 Total 16.85 Lbs./PLS/Acre *Lbs./Pure Live Seed/Acre 11.3 Disturbance along private drives and around the residences on Lots 2, 3 and 4 will be 5 1111 In grmiftrillANI 1V1.109VNIRRIA.1101 11 III Reception#: 827819 11/30/2012 02:23:10 PM Jean Alberico 6 of 8 Rec Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO seeded with both pasture grassses and turfgrasses. Seed will be sowed by means of hydraulic seeding equipment or by seed drilling using a brillion or approved seed drilling implement. Once the seed has been sowed, the seeded areas shall be fertilized with a fertilizer containing an analysis of 18/46/0 at a rate of 200 lbs./acre. After seed and fertilizer has been installed, all seeded areas shall receive either a mulch treatment of fiber or straw mulch. 11.4 Topsoil will be stockpiled during construction of driveways and residential structures for re -use during landscape work. Upon completion of improvements, topsoil will be spread on disturbed areas prior to re -seeding and landscape work. ARTICLE 12 Conditions of County Approval 12.1 The use of all Lots shall be in strict accordance with the Plat notes contained on the Exemption Plat. All owners of Lots shall use and occupy their respective Lots in conformity with all governmental regulations applicable thereto. ARTICLE 13 Re -Subdivision Prohibited 13.1 The re -subdivision of any Lot is prohibited unless the subdivision process through Garfield County is completed. ARTICLE 14 Enforcement/Homeowners Association 14.1 Declarants hereby declare themselves to be an unincorporated non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act, known as the Orr -Smith Homeowners Association for the purposes stated herein. Each Lot shall have one vote in the Orr -Smith Homeowners Association; provided, however that in any vote on issues concerning domestic or irrigation water only those Lots affected shall be entitled to cast a vote. The Orr Smith Homeowners Association shall be responsible for enforcing and acting upon the covenants, terms, conditions and provisions contained herein as well as those within the Declaration of Well Water Use and Maintenance and the Declaration of Irrigation Water Use and Maintenance. If, however, the Association fails to take action, these covenants, terms, conditions and provisions may be enforced and acted upon by the owner of any of the Lots, their successor and assigns. In the event legal proceedings are brought against any party for the purpose of such enforcement or action, the prevailing party shall recover from the non -prevailing party all costs associated therewith including, but not limited to, reasonable attorney's fees. 6 1111 Wh N III ID1 114E 19Chi1MN'CIIIMI 11111 ' Reception#: 827819 11/30/2012 02:23:10 PM Jean Alberico 7 of 8 Rao Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO ARTICLE 15 Governing Law 15.1 This Declaration shall be construed and governed under the laws of the State of Colorado. ARTICLE 16 Severability 16.1 Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability or partial invalidity or partial unenforceability of any provision or portion hereof shall not affect the validity or enforceability of any other provision. ARTICLE 17 Term of Declaration 17.1 Unless amended, each and every term, covenant, condition and restriction contained in this Declaration shall run with and bind the land, and shall be effective for a period of twenty years after the date this Declaration is recorded, and thereafter shall be automatically extended for successive periods of ten years each, but may, at any time, be amended or terminated by unanimous vote of the owners of each of the lots within the Orr -Smith Subdivision Exemption, with the approval of the Board of Commissioners of Garfield County, Colorado. ARTICLE 18 Binding Effect 18.1 This Declaration shall be binding upon and inure to the benefit of Declarants and their successors in interest and ownership of Lot 1, Lot 2, Lot 3, Lot 4, and Lot 5, Orr -Smith Subdivision Exemption, and to any person or entity having any right, title or interest in either of said Lots, or any part thereof, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned hereby state and declare that the foregoing Declaration of ProtectiveCovenants for Orr -Smith Subdivision Exemption shall be effective this day of 'r , 2012 DATED this 16 day of , 2012. 7 1111 ?"BIhiiRI011441/i' GrMtIrkiRN 111 Reception#: 827819 11/30/2012 02:23:10 PM Jean Alberico 8 of 8 Reo Fee:$46.00 Doo Fee:0.00 GARFIELD COUNTY CO STATE OF MONTANA ) ) ss. COUNTY OF RAVALLI ) 8 The foregoing instrument was acknowledged before me on this day of , 2012, by Lacy Orr and Gil Smith. Witness my hand and official seal. My commission expires: No,) .) .• "lK1Yk* KATHY L. PETERSON �(t NOTARY PUBLIC for the NOTA1t1AL1 n8�t91eo!idontane SEAL. J . R0 My Commi�eion at EMontane xpire+, ,�y.��yy Novembet le, 2014 h M1 115\ Nota rs1 Public