HomeMy WebLinkAbout2.0 Protective Covenants• •
PROTECTIVE COVENANTS FOR ASGARD
SUBDIVISION, GARFIELD COUNTY, COLORADO
CHARLES J. BECKER, as the fee owner of Asgard Subdivision,
desiring to insure the development and continuity thereof as a
rural residential area, hereby declares to and for the benefit
of all persons who may hereafter purchase and from time to time
own lots in Asgard Subdivision, that the ownership or holding of
said lots shall be subject to the following protective covenants
and conditions, all of which shall be deemed to be appurtenant to
and run with the land.
1. SCOPE. The covenants, conditions and restrictions
herein contained shall apply to the whole of Asgard Subdivision
as the same appears on plat recorded in the office of the Clerk and
Recorder of Garfield County, Colorado, as Document No.
2. LAND USE. The property is intended to be developed
for single family residential purposes only. No more than one
detached single family dwelling shall be erected upon any one
building site, excepting such appropriate accessory buildings as
a guest house, private garage, barn and utility building. Accessory
buildings shall_ blend with and compliment the general architectural
scheme and design of the family dwelling. No building or structure
intended for or adapted to business, commercial or manufacturing
purposes, nor any multiple family dwelling shall be erected, placed,
maintained or permitted upon such property.
3. RE -SUBDIVISION. No lot shall ever be resubdivided
into smaller lots or tracts, nor conveyed or encumbered in any
less than the full original dimension.
4. SET -BACK RESTRICTION. The principal building erected
on each lot shall he located no nearer than 25 feet to any lot line.
5. 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 as
a residence, except on a temporary basis,not exceeding 12 months
while construction of the dwelling is in process.
6. BUILDING MATERIALS. All structures shall have an
exterior surface of wood, stone, glass, brick or combination therof.
No structure shall be allowed which is, or ever has been, or could
be made subject to an ad valorem tax of the State of Colorado.
7. NO COMMERCIAL USE. There shall not be permitted
or maintained upon any lot or anypart thereof any trade, business
or industry except that owners may rent or lease for residential
purposes when not required for the owners' use.
8. MINIMUM LOT SIZE. The minimum size of any house
erected shall not be less than 1,000 square feet measured on the
outside wall, exclusive of open porches, garages, or carports.
SEWAGE DISPOSAL
9. Each residence shall contain one fully equipped
bathroom and all sewage shall be disposed of by means of a septic
tank and leeching field of such types and specifications as shall
be approved by the Colorado State Department of Health.
10. ANIMALS. The keeping of animals shall be allowed
provided that said animals are well kept and provided for and
do not become a health hazard or nuisance to the neighborhood and
are fenced and do not run at large.
110 OFFENSIVE CONDUCT. No noxious or offensive conduct
or activities shall be carried on upon any lot or in any structure
thereon which may constitute a health hazard, nuisance or annoyance
to the neighborhood. All lots shall be kept clean and free of
rubbish and trash and the structures thereon shall be kept in good
repair. Parking of old automobiles other than those in running
condition and currently licensed shall be prohibited.
12. VARIANCES. The Board of Adjustment 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 covenants and
restri.ctiops contained herein. Such variances or adjustments shall
be granted in case the granting thereof shall not be materially
detrimental or injurous to other property or improvements of the
neighborhood and shall not defeat the general intent and purpose
of these protective covenants.
(a) The Board of Adjustment shall consist of
or three other members
appointed by them, which members shall be owners of lots in
Asgard subdivision.
(b) Applications for variances shall be in writing,
spelling out in detail the variance requested. Action of
the Board of Adjustment shall be made within 30 days and
their decision shall be final and conclusive. Failure to
act' within said 30 day period shall be deemed a denial of
the variance,request.
13. PERIOD OF COVENANTS. These covenants are to run
with the land and shall be binding upon allparties and all persons
claiming under them until , at which time said'
covenants shall be automatically extended for successive periods
of five years unless by vote reflected by signed document, duly
recorded by the majority of the then owners, wherein it is agreed
to change said covenants in whole or in part.
VIOLATIONS
14. If any lot owner or persons acting by, through or
under him,shall violate or attempt to violate any of the covenants
herein stated, it shall be lawful for other persons owning lots in
said subdivision to prosecute any suit in law or in equity to
restrain and enjoin the violation of such caenants and to recover
damages for such violation and to recover all costs and attorney
fees necessary to enfocce the provisions of these covenants.
INVALIDATION
15. The invalidation of any one, of the covenants by
judgment or court order shall in nrwise affect any of the other
provisions which shall remain in full force and effect.
Dated this day of , 1971.
Charles J. Becker