HomeMy WebLinkAbout1.0 Declaration of Covenantsat ��12,9 o'clock,M. �;,r 3 19f1980"ecorde�'
Reception No. 305861MILDRED ALSDORF, RECORDER
BO1X 552 neE36S
COTTONWOOD ESTATES
DECLARATION OF COVENANTS AND RESTRICTIONS
Eagle and Garfield Counties, Colorado
KNOW ALL MEN BY THESE PRESENTS that FRANK SHRIVER, being
desirous of protecting the health, convenience, welfare, and
property values of the property hereinafter described does
hereby declare and adopt the following protective covenants,
conditions, and restrictions, all of which run with the land
and shall be binding upon the undersigned and all parties
acquiring any interest in the real property hereinafter
described.
ARTICLE I - RECITALS
Section 1. The Declarant. Frank Shriver constitutes
the sole and only owner of the property hereinafter described
and is hereinafter referred to herein as the "declarant."
Section 2. The Property. Declarant is the owner of
the following described real property situated in the
Counties of Eagle and Garfield, and State of Colorado,
to -wit:
Township 6 South, Range 87 West of the 6th P.M.
Section 34: NE1/4NW1/4; S1/2NW1/4; E1/2.
Township 7 South, Range 87 West of the 6th P.M.
Section 3: Lots 3 and 4.
Section 4: Lots 1 and 2
Said property has been divided into tracts and platted as
Parcels 1-17, as shown on that certain plat of Cottonwood
Estates, recorded as Document No .•ZO+2.2a'' , in the records
of the Clerk and Recorder of Eagle County, Colorado, and
recorded as Document No. 3 O b0 , in the records of the
Clerk and Recorder of Garfield County, Colorado. All of the
BOOK 552 . PAGE369
above described real property is sui.ject to the within
Declaration Of.. Covenants And Restrictions
Section 3.. Cottonwood Estates:. When hereafter used
herein, the term "Cottonwood Estates" shall mean and referto
the real property described in Section 2 above. The term
"Cottonwood Estates" and the term "the property" as used
herein are interchangeable terms which mean and include the
property described in Section 2 above.
Section 4. Lots A "lot" means
(a) Any one of the original seventeen platted parcels
referenced in Article I, Section 2, above, as shown
on the plat of Cottonwood Estates, and/or
(b) Any lot, tract or parcel, consisting of ten acres
or more, into which any one or more of said
original platted parcels may be further subdivided,
as permitted under the provisions of Article IV,
Section 2, and/or.
(c) Any lot, tract or parcel established pursuant to
any exemption granted by the declarant, pursuant to
the provisions of Article VI, Section 2, of this
Declaration, and/or
(d) Any lot, _tract or parcel subdivided, developed, or
otherwise established by the declarant and made
subject to this Declaration by. the declarant,
pursuant to the provisions of Article VI, Section
2, and/or the provisions of Article VI, Section 4,
of this Declaration, and or
(e) Any lot, tract or parcel, regardless of size, which
is created by order of any Court in this state or
by operation of law,. or pursuant to the law of
eminent domain.
ARTICLE II - THE PROPERTY OWNERS ASSOCIATION
Section 1. The Association. When used herein, the term
"Association" shall mean and refer to Cottonwood Estates
Property Owners Association, Inc., its successors and
assigns, a Colorado corporation not for profit.
Section 2. Membership. Every owner of a lot in cotton-
wood Estates shall be entitled and required to be a member of
the Association. Membership shall be appurtenant to and
inseparable from the lot upon which it is based and shall be
BOOK. 552 PhGE370
transferred automaticallyby the transfer (in whatsoever
form)of that lot. Ownership of a lot shall be the sole
qualification for membership. No person or entity other than
an ownerof a lot in Cottonwood Estates may be a member of
the Association. Each lot shall be entitled to one vote.
Owners,. of more than one lot shall have the right to cast the
aggregate number of votes that the lots which they own repre-
sent. If' any lot is owned by multiple parties, all such
parties shall bemembers; provided, however, that the vote to
which such lot is entitled shall be exercised as the several
owners, among themselves, shall determine, but in no event
shall morethan one vote be cast with respect to any one
lot.
Section 3.• Exercise Of Powers. The Association may
exercise any right. or privilege given it expressly by this
Declaration or by law, and every other right, privilege and
.power reasonably to he implied from the existence of any
right or. privilege given it herein or by its Articles Of
Incorporation or By -Laws or reasonably necessary to effectu
ate its. function and purposes. Without .limiting the general—
ity .of
eneral•ity.of the foregoing, the Association shall have the power
and authority, but shall not be obligated to perform the
following• functions in the nature .of community services,
to -wit:
(a) To provide for the maintenanceof roads and road-
ways within Cottonwood Estates or servicing Cotton-
wood_Estates (.including, without. limitation, the
performance of snow removal services);
(b) To acquire and develop water and water rights for a.
common: water system for the henef,i.t of. dots within
Cottonwood Estates and :to pay the costs.of drilling
orotherwise.deve.loping and acquiring wells,
springs, or other'sources of water and related
water rights
(.c) :To .install and construct water systems, sewer
systems, roadways,' install and extend electric
Ei Tm: 552...1 TE 371
power lines and to otherwise extend, install and
construct utilities and utility lines of whatsoever
nature to service lots within Cottonwood Estates;
(d) To acquire and maintain greenbelt areas, parks and
such other common facilities as may be approved by
a majority of the members.
Section 4. Assessments. The Association shall have the
right to levy and make assessments in accordance with its
Articles Of Incorporation or. By -Laws for the following
purposes:
(a) To pay all charges for electricity or other
utilities attributable to or connected with the
operation of any common water system and all
operational costs and expenses associated
therewith;
(b) To pay all charges for electricity attributable to
common lighting and street lights;
(c) To pay all charges resulting from or connected. with
the performance of any of the permitted functions
described in Section 3 above;
(d) To pay the costs of any and all capital improve-
ments and installations and the maintenance
thereof;
(e) To pay premiums for all insurance which the
Association may deem ad"isable or necessary to
carry;
(f) To pay the Association's management expenses, legal
and accounting fees;
(g) To pay taxes and special assessments levied against
any property or property rights owned by the
Association;
(h)
To promote the recreation, health, safety and
welfare of the owners and occupants of the
property;
To create a reasonable contingency reserve surplus
ot sinking fund;
To pay any other expenses and liabilities which may
be incurred by the Association for the benefit of
the owners of lots in Cottonwood Estates under or
by reason of. this Declaration or the Association's
Articles Of Incorporation or. By -Laws.
Section 5.
Payment Of Assessments. Each owner shall be
personally 1. iable to the Association for all assessments.
levied against his lot during they period of his ownership
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BOX 552 NGE3?2
thereof. All sums assessed to any lot by the Association
shall be secured by a lien on that lot'in favor of the
Association. Such lien shall be subordinate to any valid tax
and special assessment liens on the lot in favor of any
governmental assessing authority, and to the lien for any
sums -unpaid on a first mortgage or deed of trust of record on
such lot. Except as herein provided-, such assessment lien
shall be superior to all other liens and encumbrances on such
lot. No owner may exempt himself from liability for such
assessments or assessment liens by waiving use of any of the
common services, facilities, or property, or by abandonment
of his lot. The transfer (by whatever method) of any lot
shall not effect the assessment lien; provided, however, that
the sale or transfer of a lot as a result of a foreclosure of
a prior mortgage deed or deed of trust, through the courts or
through the Public Trustee or through any proceeding in lieu
of foreclosure, shall extinguish the lien of such assessments
which became due prior to the sale or tra►4sfer, but shall not
relieve any former owner of personal liability therefore. No
such sale or transfer shall relieve such lot from liability
for any assessments and assessment liens thereafter
accruing.
Section 6. Collection Of Assessments. Assessments
shall be due and payable within thirty days after the date
the same are levied. If not paid within that time, the same
shall be considered delinquent. All delinquent assessments
shall bear interest from the date of delinquency at the rate
of 18% per annum, and the Association may further assess a
late charge for each month the delinquency continues. The
Association shall have the right to bring an action at law
V X • 552 • Pr.E.373
against the owner: personally obligated to.pay ;any assess-
ments.:.:In addition to such action,..or:.: as an :alternative,:.the
Association; -may record in the office of the Clerk and
Recorder of the county or counties in which -the property is
located a statement of lien setting forth the name of the.
owner, the legal description of the lot, the -name Of the
association, and the amount of::the' delinquent assessment-,
which: statement shall be signed and acknowledged by an execu-
tive officer of the Association: and which shall be served
upon the -owner of the property by ordinary mail, mailed to
the address of the lot, or to -such other address as the Asso-
cation mayhave in its records :for the owner of the prop-
ert.y. Upon the expiration of not less than ten days follow-
ing`the mailing of suchnotice, the Association may proceed
to foreclose the statement of lien in the same manner as
provided for the foreclosure of mortgages on real property.
The.Rssociation shall be entitled to recover as a part of any
action, whether a foreclosure action as described above or a
personal action, the full amount of all delinquent assess-
:ments, together with interest, late charges, costs, and
expenses of suit, including, without limitation, costs and
expenses of depositions and its reasonable attorney's fees
.incurred.
Section 7. Proration Of. Assessments Upon Sale. Upon
the resale of any lot, by any grantee of the declarant or any
subsequent owner, any periodicassessments attributable to
the lot shallbe prorated as of the date of closing unless
otherwise expressly agreed by the' parties.
Section 8. Suspension Of Community Services. In the
event any assessment made by the Association shall not be
paid when'.due, then at the election of the Board of Managers:
of the Association, and in addition to any other :provisions
)i)" r! E374:
for enforcement or collection of such unpaid -assessments, any
utility or community service provided by the Association may
he suspended, discontinued, or shut off, in whole or in part,
at any time during any period of default in payment of such
assessment.
Section 9. Equality Of Assessments. Subject to the
provisions of Sections 10 and 11 below, each lot (regardless
of the acreage contained in such lot) shall bear an equal
proportionate share of any assessment.
Section 10. Nonuser Exemption Assessments attribut-
able or connected with snow removal and the maintenance and
operation of any common water system or other common utility
system shall be levied separate and apart from all other
assessments until, in the case of snow removal, the common
roadways are accepted for maintenance by the county or other
appropriate governmental authority, and, in the case of the
maintenance and operation of any utility system, until such
time as all lots are improved and physically connected to
that particular utility system. Lots shall be divided into
two categories for purposes of such assessments, to -wit:
"users" and "nonusers." Any lot within Cottonwood Estates,
upon which any building whatsoever has been erected, shall be
deemed a user for purposes of the snow removal and road
maintenance assessment. Any lot within Cottonwood Estates
with improvements physically connected to any common utility
system shall be deemed a user for purposes of the assessment
attributable to that utility system. Lots enjoying user
status, and only those lots, shall each bear an equal propor-
tionate share of such separate assessments.
Section 11. Separate Assessments. Notwithstanding
anything herein contained to the contrary, separate
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BflflX
t r?.('•E375.
assessments shall be established by the Association `for road
maintenance, snow removal, and any other utilities or
community services which benefit, accommodate, and service
less than all of the lots, and only those lots benefiting
from such services shall bear an equal proportionate share of
such separate assessments. For purposes of this section, any
roadway or other common utility subject to separate assess
ment shall be conclusively deemed to afford an equal benefit
to all of the lots serviced thereby (e.g,, all of the lots
serviced by a common roadway shall bear an equal proportion-
ate share of the assessments for road maintenance and snow
removal regardless of the proximity of any particular lot
serviced thereby to the county road or other public right of
way).
Section 12. Capital Assessments. The Association may
develop, acquire, procure or expand water rights, water
systems, road systems, and extend and install such utility
lines and develop, install and construct such other common
improvements and facilities as may be required or approved by
a majority of the lot owners. The Association shall levy
special assessments for the purpose of defraying, in whole or
in part, all costs attributable to the acquisition, construc-
tion, maintenance and operation thereof. Such assessments
shall be levied only against those lot owners electing to
utilize or be serviced by such common improvements and/or
acquisitions. Those lots so electing, and only those lots
shall bear an equal proportionate share of such assessments.
Lot owners subsequently electing to connect to or utilize the
same shall pay an appropriate connection fee for that lot's
equal proportionate share of the Association's capital
investment therein, which sums shall he placed in a separate
fund and applied against future operational and maintenance
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BD X 55' m376
costs attributable .thereto All costs of connection and
extension from common trunk lines shall be paidby the
connecting lot owner...:
Section 13 Special Assessments`. The Association shall..
have the power to levy and make special assessments for the
purpose of defraying, in whole or in part, the costs of
performing any of the functions permitted under this
Declaration, at any time
Section 14. Commencement Of Assessments. Assessments
shall commence with regard to each lot immediately upon the
declarant's conveyance of such lot to any party or parties.
The declarant shall have no obligation to pay assessments
with regard to lotsor anypart of the property retained by
him;
Section 15. Assessment Certificates. Upon request, the
Association shall provide an owner, prospective purchaser,
mortgagee or prospective mortgagee, of any lot a certificate
in writing signed by an officer of the Association setting
forth the amount of any assessments, interest or late charges
due in connection with any specified lot. A reasonable
charge may be made by the Association for the issuance of
such certificates..:
-ARTICLE III - MAINTENANCE OF COMMON FACILITIES.
Section 1. Association's Duties. The Association
shall maintainand'keep in good repair all of the common
facilities, including, without limitation,. all common
roadways,.any wells, water systems, sewer systems, utility
lines, or distribution lines constructed or installed by the
'Association or the declarant rand not accepted for maintenance
by the county: or other appropriate governmental.authorities
The Association shall further perform such other maintenance,
repair, and service functions in the nature of community
`1n2K 552 PAGE 377
services, as the members shall,_ from time to time,
designate.
Section 2. Owners' Duties. Each owner shall be respon-
sible for and keep and maintain in good repair any sewer
lines, water lines and other utility lines located upon his
lot from the point of connection with any common trunk
lines.
Section 3. Determination Of Responsibility. The
responsibility for the performance of any maintenance,
repair, or other service in the nature of a community func-
tion or maintenance duty, not expressly delineated above,
shall be determined by the Association. In the event any
ambiguity should be found to exist with regard to the
construction or interpretation of the foregoing sections of
this Article, the determination with regard thereto made by
the Association shall be conclusive.
Section 4. Miscellaneous. Notwithstanding anything
herein contained to the contrary, any maintenance or repair
of common roadways or common facilities of whatsoever nature,
required by reason of the willful or negligen'L act of any
owner, his agents, employees, members of his family or
quests, shall be the sole responsihity and obligation of such
owner. The Association and the declarant, or either of them,
shall have the right to perform such maintenance or make such
repairs and recover such costs from the owner responsible.
ARTICLE IV - USE RESTRICTIONS
Section 1. Land Use. The property in Cottonwood
Estates is intended to be developed for single family
residential purposes only. No more than one detached, single
family dwelling shall be erected on any one lot, excepting
such appropriate assessory buildings as a guest house, a
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BOOK 552 P1GE378
private garage, barn and/or other utility building. Such
accessory buildings shall blend with and complement` the.
general architectural scheme and design of the single family.
dwelling. NO building or structure intended foror adapted
to business, commercial, or manufacturing purposes, nor any
multiple family dwellings shall be erected, placed, main-
tained or permitted upon the property.. No structure of a
temporary character, trailer, basement, tent, shack, garage,
barn, or any other out buildings of any description shall be
used on any lot as a residence.
Section 2. Further Subdivision Limited. The resubdivi-
sion of a lot within Cottonwood Estates shall be permitted,
subject to all applicable governmental zoning, subdivision,
and building codes, rules and regulations; provided, however,
that in no event shall any such further subdivision create or
result in the creation of any lot, parcel or tract containing
less than ten acres. For purposes of this section, that part
of Lot 2, Section 4, T. 7 S., R. 87 W. of the 6th P.M., lying
and being within Garfield County, Colorado, shall be
conclusively deemed to consist of ten (10) acres.
Section 3. Original Construction. No building shall be
placed upon the property herein by means other than new
construction without the express written approval of the
Architectural Control Committee, it being the purpose of this
covenant to insure that old buildings shall not be removed
from their existing locations and placed upon any part of the
property without such express written approval.
Section 4. Temporal Structures Restricted. No tempor-
ary buildings or structures of any kind, including, but not
limited to, towed or self-propelled trailers, mobile homes or
campers shall be constructed or permitted to remain upon any
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h`t^K 552.PAGE379
part of the :proper.ty,': except 'for typicalconstruction shacks
and/or tool and material storage sheds Which' Shall be used in.
connection with and permitted.. to remain- .:only during periods
:of construction of permanent improvements.
Sectiom:.5.. Diligence:` Required. All construction and
alteration work within the property shall be pursued dili-
gently and shall be completed as promptly as reasonably
possible,•. the .site of any such construction shall be kept
clear and free;from unnecessary and unreasonable accumula-
tions of trash and. debris.
Section 6. No.Mobile Homes. No mobile homes, trailers,
or similar vehicles or structures shall be placedupon the
property. The prohibition of this section.shall apply
regardless of whether or not the same shall be set on wheels,
jacks, or upon a,permanent or temporary foundation, it being
.the intention of the declarant to:provide for an absolute
prohibition of the placement or maintenance of any such
vehicles or structures upon the property.
Section:7. No Mining. No mining, quarrying, tunneling,
excavating or :drilling for any substance within the earth,
including oil,gas, minerals, gravel, sand, rock and earth
sha>li ever be permitted on any part of the property.
Section 8. No Offensive: Activities. No noxious or
offensive activity of any type shall he carried on upon the
Property,. nor shall anything be done or permitted which may
be: or become a nuisance or danger to the owners or occupants
of lots within Cottonwood Estates or of adjoining
properties:
Section 9. Rules And Regulations .. The Association is
expressly empowered to adopt and promulgate such rules and
regulations as.
may,. from time to time, deem necessary or
12
desirable to regulate the use and activities upon the prop-
erty in a manner consistent with the purposes of this Decla-
ration. By way of example; and not by way of limitation, the
Association shall have the right to restrict or prohibit the
discharge of firearms within the boundaries of the property.
Section 10. Animals. All pets and animals kept upon
any part of the property shall at all times be under the
control of their owner, well mannered and behaved. Any
damage caused by any animal permitted upon the property by an
owner, his family or guests shall be the financial
responsibility of such owner. No animals of any kind shall
be raised, bred, or maintained upon the property for any
commercial purposes. The Association shall have the power
and authority to, from time to time, promulgate reasonable
rules and regulations concerning the keeping of animals upon
the property.
ARTICLE V - ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee. For pur-
poses of further insuring safe and aesthetically pleasing and
consistent development of the lots within Cottonwood Estates,.
an Architectural Control Committee is appointed. The Board
of Managers of Cottonwood Estates Property Owners Associa-
tion, Inc., as the same may, from time to time, be consti-
tuted, shall comprise the Architectural Control Committee.
The Association shall have the privilege and authority to
delegate any duty, supervisory function, or authority granted
to it with regard to use restrictions or construction of
improvements within the property to the Architectural Control
Committee.
Section 2. Committee Approval Required. No building
wall or other structure of any type shall be placed upon any
InK
lot unless and until the plans and specifications therefore
and the location site thereof shall have been approved in
writingbythe Architectural Controlsu
Committee. Each ch
building, wall or structure shall be placed upon the premises
only in accordance with the plans and specifications so
.approved. The Committee may refuse approval of plans and
specifications or the location site proposed upon any reason7
able basis. The rejection of any plans and specifications
shall be accompanied with a brief explanation.
Section 3. Alterations. No alteration in the exterior
appearance of any building or other improvement or structure
shall be made without the approval of the Architectural
Control Committee in like manner.
Section 4. Failure To Act. If the Architectural
Control Committee shall fail to approve or disapprove the
plans and specifications submitted by any lot owner within
thirty days after submission and written request therefore,
then such approval shall not be required; provided, however,
that no building or other structure may be erected which
violates any of the use restrictions contained herein.
ARTICLE VI - GENERAL PROVISIONS
Section 1. Enforcement. The failure of any owner to
comply with the provisions of this Declaration or with the
Articles of Incorporation or By -Laws of the Association shall
give rise to a cause of action in the Association as well as
any aggrieved lot owner for the recovery of damages or for
injunctive relief, or both. Failure by the Association or by
any owner to enforce any such right shall in no event be
deemed a waiver of the right to do so in the future.
Section 2. Exemption. Notwithstanding anything
contained in this Declaration to the contrary-, neither the
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P,nE3,8
declarant nor any ' of the = declarant' s activities shall . be
subject. to this Declaration Of. Covenants And Restrictions or
to the control. Or under the jurisdiction of the Association
or. the. Architectural control Committeefora period: of ten
years from the date hereof. Additionally, at any time during
said ten yearperiod, the declarant shall have the absolute
power and authority to grant any lot or lots temporary or
perpetual relief or exemption from any or all of the terms of
this Declaration, provided, however, that any relief or
exemption so granted shall be reduced to writing executed by
the declarant, acknowledged in the manner of a deed, and
recorded in the office of the Clerk and Recorder of the
county in which the property is situate, before the same
shall become effective. THE DECLARANT HEREBY EXPRESSLY
RESERVES the right to develop and/or subdivide any portion or
portions of the property into such lots and lot sizes and for
such uses (including, without limitation, single family
residences, multa-family residences, townhouses,
condominiums, commercial uses, etc.) as may now or hereafter
be permitted under the law.
Section 3. Assignment. The declarant may assign, in
whole or in part, any of its privileges,exemptions, rights,
and: duties under this Declaration to any other party.
Section 4. Addition Of Other Property. Additional real
property adjoining or in the vicinity of the property may
be included and become a part of Cottonwood Estates and the
owners thereof may be admitted to membership within the
Association, the same as if such additional real property was
originally a part of Cottonwood .Estates, upon the recording
by the declarant in the office of the Clerk and Recorder of
Eagle County, and in the office of ` the Clerk and Recorder of.
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BOOK 552 PAGE383
Garfield`County, an instrument containing the legal
description of such additional real`property.and declaring
the same an addition to Cottonwood Estates and setting forth
a Declaration Of 'Covenants And Restrictions for such
additional real property similar or dissimilar to the
provisions of this Declaration. Such Declaration may adopt
this Declaration,,in whole or in part,,and may contain -and
establish such additional provisions as are consistent with
the intended development of such additional real property.
Section 5. Provision Of Utilities. The Declarant shall
have the right and authority to extend water service and
other utility services, as well as distribution lines there
fore, to adjoining or nearby real property whether or not the
same is made an addition to Cottonwood Estates; provided,
however, that any additional operating expenses or capital
expenditures resulting from such extensions shall be paid by
the declarant or the owners of such other property, or shall
otherwise be handled in a manner so as not to burden the
Association or the owners of lots within Cottonwood Estates
with additional costs.
Section 6. Revocation Or Amendment. This Declaration
shall not be revoked or amended unless owners representing
75% of the total lots within Cottonwood Estates consent and
agree to such revocation or amendment by written instrument
duly recorded; provided, however, that the unanimous written
approval of the owners shall be required in order to revoke
or amend the provisions of Sections 10, 11, and 12 of Article
II.
Section 7. Duration. This Declaration shall continue
in effect until revoked or terminated in the manner herein-
above provided.
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BOOK 552 r oE384
and provisions hereof shall nevertheless remain in full force
and effect.
IN WITNESS WHEREOF, the undersigned declarant, has here-
:F.-
unto
ere
Sunto set his hand and seal thisday of A.D.
1980.,.:.
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing
Frank Shriver
)ss.
.
instrument: was acknowledged befo/.iiie'"tYiis
2- day of �crrir ', A. D. 1 980, by FRANK SHRIVER. �� '�v 4' k..% •!:::),t,
_
Witness my ha�id and official seal. : t, '�, '�r�r% �t1 x�
My commission expires:
Notary Public