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HomeMy WebLinkAbout2.0 Convenants21CC r q� 140cesp•.i .. 3O198S-- Rippartler PROTEC^IVc COVENANTS FOR RIFLE CREEK ESTATES SUBDIVISION LOCATED TN GARFIELD COUNTY, COLORADO 5u1A 544 mE3 i 3 FEP 28 r38e.__.- THOMAS L. EMMER, DOROTHY E. EMMER, ROBERT L. MEISNER, and LOIS 1. MEISNER, being the sole owners of all that real property known RIFLE CREEK ESTATES, consisting of Lots 1 through 27 as subdivided and platted according to the Final Map thereof comprising of two (2) sheets and filed for record in the office of the Garfield County, Colorado, Clerk and Recorder on December 10, 1979 as Rec. No. 300096, and being desirous of protecting property values, and protecting the health, convenience, welfare and use of the owners of Lots 1 through 27, RIFLE CREEK ESTATES, do hereby declare and adopt the following use, building and development restric- tions, each and all of which shall be applicable to and run with each of said Lots 1 through 27, RIFLE CREEK ESTATES, except that portion of Lot 7 lying below elevation 5,660 feet above mean sea level. The intent is that the portion of Lot 7 below 5,660 feet mean sea level shall not be affected, or the use thereof altered, in any way by the within Protective Covenants. Said Lots 1 through 27, RIFLE CREEK ESTATES, with the exclusion of that portion of Lot 7 below elevation 5,663 m.s.1., shall be hereinafter referred to as "the Subdivision". The Protective Covenants, intended to be applicable to and run with the title of the lots in "the Subdivision", are as follows. to -wit: 1. Land Use. The propeity in said Subdivision is intended to be developed for single family residential purposes only in a rural setting and notif and with all structures designed to blend into and compliment the natural surroundings. Lots 1 through 27, inclusive, RIFLE CREEK ESTATES, shall be: used for residential purposes with only one (1) hab table dwelling per lot, with t..s only exceptions being (i) any Community Recreational Facilities constructed on "Open Space" land, and (ii) all the land below elevation 5,660 feet on Lot 7. Only two (2) outbuildings, namely a garage and a barn, are allowed on residential lots. Such outbuildings shall be at least 400 square feet each on the ground level and consistent with the architecture of the main dwelling. No elevated tanks, towers or structures are allowed. 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. Subject, to the other provisions in these covenants, use of any lot for pasture of horses or the raising of crops when a dwelling shall first have been constructed thereon shall not be construed as being incompatible with residential purposes. Land designated "Open Space" on the recorded subdivision maps of RIFLE CREEK ESTATES shall remain natural except as noted in Sections 1 and 7. 2. Homeowners Association. (a) A non-profit corporation will he organized under the laws of the State of Colorado, the name of which will be "RIFLE CREEK ESTATES HOMEOWNERS ASSOCIATION" (Associat3.on). The Association will own and be responsible for repair, replacement, maintenance, alterations, and upkeep of: any private community roads or easements; all common utilities within the subdivision, • • Box 544 ?AM 1'74 including the domestic and irrigation water systems; and land and recreation facilities on "Open Space". The Association will also be responsible for the enforcement of these Protective Covenants, and shall have such other duties as are prescribed by its Articles of Incorporation and corporate bylaws. (b) Each individual or entity or combination of owners upon acquiring title to a lot in the Subdivision shall automatically become a member of the Association and shall be entitled to one (1) vote in the Association on all matters. There shall be one (1) vote for each lot regardless of the number of individuals or entities owning any lot. (c) The board of directors of the Association may assess each member a fee at all appropriate times to cover the costs of maintenance and improvements to the property and facilities owned by the Association or for which the Association is responsible, and for such other special purposes as determined by a majority of the voting members. Each assessment so levied shall become a lien on the land and improvements of each owner in said Subdivision to the extent of the assessment levied. The board of directors shall be entitled to maintain an action in the District Court of. Garfield County, Colorado for the purpose of recovering any unpaid assessments and for the purpose of foreclosing the lien against the lands and improvements of the defaulting lot owner. Damages may include costs of said action plus reasonable attorney's fees. (d) The water supply for Subdivision in- house domestic purposes will come from a central system. Water from such system shall be limited to one hundred (100) gallons per person per day per lot for in-house domestic purposes. No irrigation shall be permitted from the domestic system but shall be from a separate system. Water for irrigation purposes shall be limited to that amount reasonably necessary to irrigate 0.25 acres of irrigated area on each lot. The Homeowners Association shall have all powers reasonably necessary to compel the lot owners to limit water use so as to comply with this paragraph and to otherwise prevent all waste of water. 3. Architectural Control Committee. (a) The board of directors of the Association will appoint an ARCHITECTURAL CONTROI COMMITTEE (ACC) consisting of at least three (3) members, any of whom may be a member of the board. No building or fencing shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure or fence have been approved in writing by the ACC. No grading or landscaping shall be undertaken without the prior approval in writing of the ACC. (b) The ACC shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the lands within the Subdivision conform 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 ssisite ll notbefrom other home sites insofar as possible. Approval unreasonably withheld, and shall be deemed automatically -2- boox 544 pr:F.375 granted if no action is taken within thirty (30) days from the date a request is made by a lot owner for the approval of a proposal. .Any lot owner suffering a rejection may appeal to the board of directors or ultimately to a majority vote of the voting members of the Association. No member of the ACC shall receive any compensation for services performed pursuant to this covenant. (c) 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 eason of the application of the restric- tions contained herein. Such variances or adjustment shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood arl shall not defeat the general intent and purpose of these restrictions. (d) The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval, or to any owner or owners of lands by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. (e) The initial members of the ACC shall be: THOMAS L. EPIMER, DOROTHY E. EMP"ER, ROBERT L. MEISNFR A majority of the ACC may designate a representative to act for it. At any time the then record owners of the majority of lots in the Subdivision shall have the power through any duly recorded instrumen:: co change the membership of said ACC. In the event of the death, resignation or inability to act of any member of the ACC, the remaining members shall have full authority to designate a successor. 4. Resubdivision. No residential lot in RIFLE CREEK ESTATES shall ever be resubdivided with the exception of Lot 7 where the land below 5,660 feet elevation may be resubdivided from the balance of Lot 7 and rezoned in accordance with applicable laws, rules and regulations. 5. General Restrictions on Residential Lots. (a) The site of all structures of all kinds on each lot shall be approved by the ACC using the criteria described in these covenants, unless varied by she provisions of paragraph 3(c) hereof. (b) No structures of any sort on any lot shall be constructed closer than fifty feet (50') from any lot line. (c) No fences shall be constructed or maintained on any lot in the subdivision higher than four and one-half feet (411'), but this restriction shall not apply to patio fences in connection with dwellings. (d) All fences shall be constructed of wood or. wood by-products; provided, however, on any back lot line or side lot line which is shielded from view from other lots, materials other than wood may be utilized if previous permission therefor is given by the ACC. • :)44 Pa,F.376 (e) Wire fencing shall not be allowed on any lot boundaries bordering on community roads, whether public or private. (f) No structure of a temporary rcharacter,rn or trailer, mobile home, basement, tent, shack, garage, other outbuilding shall be used on any part of the Subdivision at any time as a residence, either temporarily or permanently. No building shall be placed on said land ylao means f oather than new construction; and no building sha residence. even though new construction, which has been completely prefabricated and built elsewhere, it being the intention of these covenants to prohibit the use of mobile homes as a residence on said property. This covenant, however, shall not prohibit precut homes which are partially constructed on the property, nor the temporary use for no more than a six (6) month period of trailers during construction for storage of tool' and materials. (g) Each residential lot, as described in 1 hereof may have only one (1) habitable dwelling constructed thereon. This dwelling shall have at least ,000dsquareons, feet of finished living area measured byoutside excluding carports, garages, attics, unfinished basements, utility and storage areas, open porches and entrances. At least 1,600 square feet of this area shall constitute room with two (2) sides or more above ground. The remaining 400 square feet ve rooms ll ground level sand lawith ) at least one (1) exterior accessatathatt level. (h) 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 ay the Colorado State Health Department and local health agencies having jurisdiction thereof. Owners shall install and maintain such treatment facilities in good operating condition and shall cause the same to be inspected by qualified persons at least once each twenty-four (24) months. Copies of the results of each inspection shall be furnished to the ACC and the Garfield County Health Department. If inspections are not so made, the ACC shall cause the same to be made and the cost thereof shall be assessed to theny owne. No lot d in thatr rwould tend stolpollute l be enearby n1streams rorrother for asources of water. (i) No building shall be placed upon the property herein 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 property in said Subdivision. (j) Exterior lighting must be approved by (k) No structures shall be permitted on any lot which exceed thirty feet (30') in height from the highest natural finished grade line immediately adjoining the founda- tion or structure. No radio, short wave or television antenna over five feet (5') above the highest roof line shall he permitted unless approved by the ACC. the ACC. -4- • 1 OBOOK 544 e+'E377 (1) Clothes lines, equipment garbage cans, service yards, wood piles or storage areas shall be adequately screened by planting or construction to conceal the same from view of neighboring lots and streets. (m) No gas lines, light and power lines, telephone lines or television cables 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 if the same would not detract from the view of other property owners and the cost of placing the same underground would be great. (n) The owner of any lot in said subdivision shall complete construction of any structure thereon within one (1) year after commencement. (o) Every dwelling shall provide off-street parking, excluding garages or carports, for the regular use of at least four (4) vehicles. (p) No structures 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. No lot shall be graded such that natural water or irrigation water overflow is diverted from existing drainage or along other than existing topography. (q) The roof and exterior finish of all dwellings and outbuildings shall be of a natural color consistent with the surrounding area. Doors and trim may be excluded from the effect of this subparagraph if approved by the ACC. 6. Use Restrictions. 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 for residential purposes when not required for the owner's use. No oil, natural gas, mining, quarrying, or other similar development operation of any kind shall be permitted upon or in the Subdivision, nor shall derricks, tanks, or other structures pertinent to these operations be permitted in the Subdivision. 7. Community Recreation Facilities. The 27.51 acres of land designated "Open Space" shall be available for the private use of all Rifle Creek Estates homeowners, including any future residents on the lands adjacent to the Subdivision that may be developed by Emmer, his heirs or assigns as part of Rifle Creek Estates. Riding trails, picnic tables and shelters, and other recreational facilities may be constructed on this land upon apr,-oval of a majority of the residents, as defined above, prior to the time of construction. 8. Animals. Owners and lessees of residential dwellings may have a reasonable number of ordinary household -5- • • BU]K 544 MF37,3 pets, not kept or bred for commercial, purposes, so long as such pets do not constitute any annoyance to other owners. Owners and lessees may keep one (1) horse per full acre of ground owned or leased in the Subdivision. Additional horses may be kept on their property for short periods if such horses have permanent pasture elsewhere. No other livestock shall be allowed. The ACC may, however, require any owner to remove any animals if, in the opinion of the ACC, lands are overgrazed or the animals constitute an annoyance to the owners of neighboring tracts. Family pets, other than dogs and cats, must be kept within an enclosed area which must be kept clean, sanitary and reasonably free from refuse, insects and waste at all times. All animals must be so maintained that they do not become a nuisance to the neighborhood and do not run at large or endanger or harass other animals, including wildife upon neighboring lands, and public domain. As authorized by the statutes of the State of Colorado and regulations of the Wildlife Commission of the State of Colorado, it shall be permissible for any person to capture or kill a cat or dog when such cat or dog is endangering or harassing wildlife. 9. Nuisances. 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. 10. Vehicle Restriction. No snowmobiles or two - wheeled motorized vehicles shall be operated in the subdivision, except that motorcycles may be utilized for transportation in and out of the subdivision. 11. Signs. No billboards, signs, or other advertising devices of any nature shall be erected, placed, maintained or permitted upon the property in said Subdivision, provided that this restriction shall not be construed to prevent appropriate name and address signs and signs that advertise the property for sale or lease insofar as it is necessary to promote the sale and development of such property. 12. Private Roads. Individw.1 lot owners are responsible for the construction and maintenance of private roads on their lots. Where such roads cross drainage areas, eighteen inch (18") culverts shall be installed by the lot owners. 13. Outside Burning. The outside burning of any trash, rubbish or other materials shall be absolutely pro- hibited. Standard and approved barbeques and fireplaces shall be allowed for the preparation of foodstuffs only. 14. Maintenance of Residential Lot. No lot shall be used or maintained as a dumping ground for rubbish or storage area for junk or unused vehicles. All business- related materials, equipment and supplies shall at all times be kept in an enclosed area. The owner of any lot shall keep the structures thereon in good repair, doing such maintenance as may be required for this purpose. Each dwelling shall be equipped with a garbage disposal unit. Garbage cans must be contained in a covered area at all times. -6- 543 ' 37:3 15. Wildlife. No hunting, shooting, trapping or otherwise killing or harming of wildlife, except tcoyotes, shall be permitted in the Subdivision, it being hereof to conserve and protect all wildlife to the fullest extent possible. 16. Easements and Rights-Of-WaY. Easements and rights-of-way in perpetuity are hereby reserved for the erection, construction, maintenance cusand r perhe tion of nsofswires, cables, pipe, conduits and app of electrical current, telephone, televvision anderaddio,linesor and for the furnishing of water, gas, the furnishing of other utility purposes, together er with hnthe right to enter for the purpose of installing, won and through and improving said utilities along, a strip of land twenty feet (20') in width along all interior lot lines of all lots (ten feet (10') on either side of fd said lot lines), and ten feet (10') in width along boundary lines of the Subdivision. Inc?ividual 1,t owners are responsible for the installation andtmaintenances of all lines from the respective tap paints 17. Duration of Covenants. These covenants are to run with the land and shall be b nding upon all parties and all persons claiming under them until June 1, 2005, at which time said covenants shall be automatically extended sfor vote successive periods of twenty-five (25) Yrntle mabr yroy reflected by signed documents duly recorded by of the then owners it is agreed to change said covenants in whole or in part. 18. Enforcement. If any lot owner or persons acting by, through or under him should violate or attempt to violate any of the covenants herein stated, it shall lbe e or lawful for the ACC, the Association or any other p persons owning lots in said resdtraisiond enjoinsthetviolation any suit in law or in equity of such covenants and to recover damages for such violations and to recover all costs and attorney fees necessary to enforce the provisions of these covenants. 19. Severability. The invalidation of any one of these covenants by judgment or court order shall in no way affect any of tha other provisions which shall remain in full force and effect. These covenants shall ebe in addition to, and not in substitution for, all applicable zoning and other governmental laws, ordinances, resolutions, rules and regulations which shall be strictly followed and adhered to in all respects. Dated this .7L` day of 1 14104044).., THOMAS L. E'rIME 1 (0.7� .—.-sus-l-�a.� DDOROTH E. MMER �=v -BERT L. ISNER C hJ LOI`; I. MEISNER DECLARANTS • • STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. BinK 544 ra,E * O Th , 19 gO , by THOMAS L .e foregoing insttument was acknowledged before me this Z? day of yly�c-�- MEISNER, and LOIS I. EMMER, DOROTHY E. EMMER, ROBERT. MEISNER, Declarants. My commission expires: WITNESS my hand and official seal. * 1. 4 �r4r4.o t c o � °4.p — Notary Put li.c • • RECEIVED AUG 0 3 1999. ADDENDUM TO THE PROTECTIVE COVENANTS FOR RIFLE CREEK ESTATES SUBDIVISION LOCATED IN GARFIELD COUNTY, COLORADO Fowler, Marais, LLC, a limited liability company registered in the state of Colorado, being the sole owner of all the property known as Rifle Creek Estates Filing 2, lots 1 to 7 as subdivided and platted according to a final map comprising of two sheets and filed for record in the Office of the Garfield County Clerk and Recorder along with these covenants, desiring t0 protect property values and specifically lets 1 to 7 of Rifle Creek Estates Filing 2, hereb_ adopt the following use, building and development restricti:ns each one of which shall be applicable to, and shall run with each of the lots 1 to 7 of Rifle Creek Estates Filing 2. The existing 27 lot subdivision known es Rifle Creek Estates shall hereafter be referred to as "Filing 1" and lots 1 to 7 of Rifle Creek Estates Filing 2 shall hereafter be referred to as "Filing 2". There snail be rio separate governing body for Filing 2. Instead, Filing 2 owners shall become members of the governing body in place for Filing 1, namely the Rifle Creek Homeowners Association. The protective covenants intended to apply to, and run with the title of the lots in Filing 2 are as follows: 1. Existing covenants. All of the covenants and restrictions that apply to Filing 1, as amended since their adoption, shall apply to Filing 2 unless modified in these covenants. Pursuant to an agreement between Fowler, Marais, LLC and the Rifle Creek Homeowners Association dated April 1, 1999, Fowler, Marais, LLC and all subsequent owners of Filing 2 lots shall be full members of the existing Rifle Creek Estates Homeowners Association (with all of the privileges and obligations of full and unrestricted "first class" membership) and shall be governed and bound by Filing 1 Covenants as well as the Bylaws governing the operations of the Rifle Creek Homeo hers Assc_iati:n. Filing 1 covenants are recorded in boo}: 544 page 373 on record at the Garfield County Clerk and Recorder's office. 2. Maintenance of Mesa Drive Extension. The extension of Mesa Drive beyond the Filing 1 boundary and, into Filing 2 shall be dedicated to the County. The Rifle Creek Homeowners Association as a body shall not assume responsibility for the maintenance of the extension of Mesa Drive. The maintenance and upkeep of the Mesa Drive extension shall be the exclusive obligation of Filing 2 owners. The Rifle Creek Homeowners Association shall establish a sub- committee comprising of Filing 2 owners who shall be responsible for 1 • • sett ig uo an account for road maintenance and collecting an annual levyof $120.00 per lot from Filing 2 owners. The sub -committee shall have the right to adjust the levy as circumstances require and to expend the monies in the account as they deem necessary. All future maintenance of Mesa Drive's extension shall be paid for from the funds collected and maintained by the sub -committee exclusively for that purpose. It is the clear intention that no Filing 1 owner shall ever be asked to contribute to the maintenance of the extension of Mesa Drive. Non-payment of this levy by a Filing 2 owner shall be sub_ct to the same penalties that govern nen-payment of the water assessment. 3. Dogs. One dog will be allowed for each residential unit within Filing 2 and the dog shall be required to be confined within the owners' property boundaries. For other animals, see Filing 1 Covenants. 4. Fireplaces. No open hearth solid fireplaces will be all,:wed anywhere in Filing 2. One new solid fuel h'.;rni st:. _ as defined c- C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. =_11 dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 5. Lighting. In addition to the exterior lighting requirements contained in the Rifle Creek Estates Covenants, all exterior lighting in Filing 2 will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 6. Sewer. In the future event that Filing 2 owners' property has the reasonable ability to connect with any municipal or central sewer system, the subject property owners shall be required to connect to said system and remove any existing individual sewage disposal systems which may be located on said property, within one year of the effective date of service availability. 7. Weed control. Control of noxious weeds is the responsibility of each property owner in Filing 2, with respect to his or her own property. 8. Farming operations. Garfield County has a Right -to -farm -and - ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued by owners in Filing 2. 9. Driveways. In designing driveways to individual homes in Filing 2, consideration should be given to the weight of emergency apparatus (fire trucks, etc) and accessibility during adverse weather conditions. 2 • • 10. Address posting. Each Filing 2 owner shall post an address where it is readily identifiable by emergency responders. Where a residence is set back from the street, the address shall be posted where the driveway accesses Mesa Drive. Address lettering shall be at least 4 inches high and inch wide and shall contrast with background colors. 11. Defensible space. Vegetation shall be removed from near any structures on the properties in Filing 2 to provide a safe zone in the event of a wildfire. 12. Septic disposal systems. A percolation test shall be undertaken for each lot in Filing 2 prior to the construction of an individual septic disposal system. 13. Construction practices. Detrimental construction practices such as the removal of vegetation shall be avoided. See the Lincoln DeVore Report dated 5/21/81 (attached), for other construction recommendations. The durat7:on of these covenants, their enforcement and severability are the same as for those in place for Filing 1. DATED THIS DAY OF , 1999 CARLYLE FOWLER, MANAGER FOR: FOWLER, MARAIS, LLC 3 • • STATE OF COLORADO SS. COUNTY OF MESA The foregoing instrument was acknowledged before me this day of , 1999 by Carlyle Fowler in his capacity as Manager of, and on behalf of Fowler, Marais, LLC. My commission expires Notary Public SEAL 4