The URL can be used to link to this page

Home My WebLink About5.0 Declaration of Protective Covenants1 uiiii 11111 1111111 1111 111 iiiiii 1111111 111 11111 iui uii 670665 03/22/2005 10.58A B1672 P69 M ALSDORF 1 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS WILKS SUBDIVISION EXEMPTION Garfield County, Colorado THIS DECLARATION OF COVENANTS is made and entered into by Edward Jacob Wilks and Maria Gloria Wilks on the day and year hereinafter set forth. WITNESSETH: The undersigned, owners in fee of that real property described as Parcels A and B, Wilks Subdivision Exemption, Garfield County, Colorado, desire to subject and to place upon said 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 the Park Subdivision. NOW, THEREFORE, THE UNDERSIGNED hereby declare that Parcel A and Parcel B, Wilks Subdivision Exemption, shall be held, sold and conveyed subject to the following covenants and conditions: ARTICLE 1 Pets Not more than one dog of any age or breed shall be kept upon a Parcel at any time. When outside, all dogs and other pets shall be leashed or restrained within an enclosure. In the event this covenant is violated, the owner in the Parcel not in violation may take such action as is reasonably necessary to correct the violation, including injunctive relief for the removal of any pets creating a violation of this covenant. ARTICLE 2 Fireplaces No open hearth, solid -fuel fireplaces will be allowed on any of the Parcels. One (1) 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. 1E111 11111 111E1 1111 111 111111 11111 111 1111111111111 670665 03/22/2005 10:58A B1672 P70 M ALSDORF 2 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO ARTICLE 3 Lighting All exterior lighting on either Parcel shall be the minimum reasonably necessary for the safe use of the premises, and to the extent possible, all exterior lighting shall be directed inward and downward and toward the interior of the respective Parcels, except when absolutely necessary to provide for safety lighting on the premises. ARTICLE 4 Agricultural Living 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. 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 5 Water and Landscaping Restrictions Use of water by Parcels A and B under Colorado Division of Water Resources Permit No. No. 234731 shall not exceed that identified in the Permit and the Water Well Community Sharing Agreement of even date and recorded in the Office of the Garfield County Clerk and Recorder. ARTICLE 6 Conditions of County Approval The use of all Parcels shall be in strict accordance with the conditions of approval and Plat restriction contained in the County Resolution approving the Wilks Subdivision Exemption. All owners of Parcels shall use and occupy their respective Parcels in conformity with all governmental regulations applicable thereto. 2 AIM 1E11 1111111 1111 III 111111 1E111111 11111 N 1111 670665 03/22/2005 10:58A 81672 P71 M RLSDORF 3 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO ARTICLE 7 Individual Sewage Disposal System Maintenance The owner of each Parcel shall perform on the individual sewage disposal system serving the Parcel such routine maintenance and repair as is sufficient to allow the system to perform in good working order, including, but not limited to, pumping the tank every two (2) years. ARTICLE 8 Fire Protection Addresses shall be posted where the driveway intersects the County road. Letters shall be a minimum of 4 inches in height, 1/4 inches in width, and contrast with background colors. Driveways shall be constructed to accommodate the weights of emergency apparatus in adverse weather conditions. Combustible materials shall be thinned from around structures so as to provide a defensible space in the event of a wildland fire. ARTICLE 9 Enforcement / Homeowner's Association The undersigned declare themselves to be an unincorporated non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act, known as the Wilks Subdivision Exemption Homeowners Association for the purposes herein stated. The Wilks Subdivision Exemption Homeowners Association shall be responsible for enforcing these Protective Covenants. If, however, the Homeowners Association fails to take action, these covenants and the terms, conditions and provisions hereof may be enforced by the owner of either of the Parcels, their successors and assigns. In the event legal proceedings are brought against any party for the purpose of such enforcement, the prevailing party shall recover from the non -prevailing party all costs associated therewith, including, but not limited to, reasonable attorney's fees. ARTICLE 10 Governing Law This Declaration shall be construed and governed under the laws of the State of Colorado. 3 1111111 11111 1111111 1111 111 111111 1111111111 11111 1111111 670665 03/22/2005 10:58A 61672 P72 M ALSDORF 4 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO ARTICLE 11 Severability 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 12 Term of Declaration 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 (20) years after the date this Declaration is recorded, and thereafter shall be automatically extended for successive periods of ten (10) years each, but may, at any time, be amended or terminated by unanimous vote of the owners of each of the parcels within the Wilks Subdivision Exemption, with the approval of the Board of Commissioners of Garfield County, Colorado as to those terms of this Declaration required by the Board of Commissioners of Garfield County during the subdivision exemption approval process. ARTICLE 13 Binding Effect This Declaration shall be binding upon and inure to the benefit of the Declarants and their successors in interest and ownership of Parcels A and B, Wilks Subdivision Exemption , and to any person or entity having any right, title or interest in either of said Parcels, 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 Protective Covenants for the Wilks Subdivision Exemption shall be effective this day of , 2005. DATED t 1/41' day of Edward 7acob Wilks 4 , 2005. Maria Glori Wilks 1111111 1111111111111111 111 1111111111111 111 11111 1111 1111 670665 03/22/2005 10:58A 81672 P73 M ALSDORF 5 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this // day of /%'��r�✓� , 2005, by Edward Jacob Wilks and Maria Gloria Wilks. Witness my hand and official seal. My commission expires: „c— s v 7 5 Notary Public til • OF COLO�'P�