HomeMy WebLinkAbout04.0 Covenantsa
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Recorded at...��pr_yoe�'cloai P >r JUL 2 71918 8DUK5I 3 FACE 322
Reaoptlon No. 2(1 7265 311a Stephens. Recorder
DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Robert Chimento, hereinafter called "Declarant," is the
owner of the following described real property situate in the County
of Garfield, State of Colorado, to wit:
See E;a;ibit atteLiied hereto and incorporates herein by
reference.
WHEREAS, the above described property is presently unimproved; and
WHEREAS, Declarant desires to insure that said property shall be
developed and maintained as a highly desirable rural 'residential area
and that said property's scenic and secluded qualities be preserved
insofar as possible;
NOW, THEREFORE. Declarant does hereby publish and declare that
the following terms, covenants, conditions, easements, uses, restrictions,
limitations and obligations shall be deemed to run with the land, shall
be a burden upon and a benefit to Declarant, Declarant's heirs, personal
representatives, successors, and assigns and any persons acquiring or
owning an interest in the real property, in improvements, their grantees,
lessees, successors, heirs, executors, administrators, devisees or
assigns.
1. Definitions. Unless the context shall expressly provide other-
wise, the following definitions shall apply:
a. "Easement" means all private roads and utility easements
referred to in this document.
b. "Protected Property" means all that property described
in Exhibit "A" attached hereto.
c. "Residential Estate" means a parcel deeded by Declarant
to a third party which is located in the Protecteo rroperty.
d. "Owners" means the person or persons or entity or entities,
Including Declarant, who own fee simple titre to a Residential Estate.
e. "Home Occupation or Profession" means an occupation or
profession customarily conducted entirely within a dwelling and carried
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BUu65I 3 PAGE 323
on by the occupants thereof, which use is clearly incidental and
secondary to the use of the dwelling for dwelling purposes and does
not change the charact?; thereof and in connection with which there is
no display, or stock and trade, or outside storage or equipment, or
cormssodity sold upon the premises. and not more than two (2) persons
are engaged in such occupation. Such uses as barber shop. beauty
parlor, tea room, tourist home, animal hospital, and dancing school
shall not be deemed to be Home Occupations.
2. .Architectural Committee.
a. Architectural Committee. The Architectural Committee
shall consist of all the owners. Said Architectural Committee shall
have and exercise all of the powers, duties and responsibilities set
out in this agreement.
b. Approval by Architectural Committee. No improvements of
any kind, including, but not limited to, dwelling houses, out buildings,
swimming pools, parking areas, walls, garages, drives, antennae,
curbs and walks, shall be erected, altered, or permitted to remain on
any residential estate within the Protected Property; nor shall any
excavating, clearing, or landscaping be done in conjunction therewith
on any Residential Estate within the Protected Property, unless the
complete architectural plans and specifications and site plan showing
the orientation for such erection or alteration and landscaping are
submitted to and approved by the Architectural Committee prior to
commencement of such work. The Architectural Committee shall consider
and bate its decision upon: design of the improvements, materials to
be used on the external features of said buildings or structures,
external colors, location with respect to topography and grade elevation,
harmony of landscaping with the natural settings and native trees,
bushes and other vegetation. In the event the Architectural Committee
fails to take any action within forty-five (45) days after the archi-
tectural plans for such work have been submitted to it, then such
architectural plans shall be deemed to be approved. An affirmative
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BUUK513 PACE 324
vote of at least the majority of the votes entitled to be cast at a
_ting of the Aechite•.tural Committee shall control. The Owner of
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6.1Aential Estate for which the plans <<re submitted shall not be
entitled to vote.
c Rales and Regulations. The Architectural Committee shall
have the power to prescribe reasonable rules and regulations to aid in
carrying out Via provisions of these Covenants.
d. Variances. Where circumstances, such as topography,
location of property lines, location of trees and bushes, or other
matters require, the Architectural Committee may, after onen hearing,
by an affirmative vote of the majority of the members of the "rchitec-
Lural Committee, allow reasonable variances as to any of the Covenrnts
and Restrictions contained in this instrument, its terms and conditions.
at may be required, piuvided, buwever, that nu such variance snail be
finally allowed until thirty (30) days after notice has been mailed of
such hearing and request to each member of the Architectural Committee.
e. General Requirements. The Architectural Committee shall
exercise its best judgment to see that all improvements. construe mgt ,
landscaping and alterations on the Residential Estates within the
Protected Property conform with the general declaration and purposes
of these Covenants. The Architectural Committee shall protect the
seclusion and natural view of each Residential Estate insofar as
possible in the development of the Protected Property pursuant to these
Covenants.
f. Architectural Plans. The Architectural Committee shall
dicannroys eny errhitpct.;•yl plans submitted which are nut sufficient
to enable the Architectural Committee to exercise a judgment required
by these Covenants.
o. Architectural Committee Not Liai.le. The Architectural
Committee shall not be liable in damages to any person or association
submitting any architectural plant for approval or to ary Owner or
Owners of Residential Estates within the Protected Property by reason
MA 563 PAGE 325
of any action, failure to act, approval, disapproval, or failure to
approve or disapprove, with regard to such architectural plans. Any
person or association acquiring the title to a Residential Estate in
the Protected Property, or any person or association submitting plans
to the Architectural Committee for approval, by doing so does agree and
covenant that he, she or it will not bring any action or suit to recover
damages against the Arcnitectural Committee, its members as individuals
or its advisors, employees or agents.
i,. Written Rccc ds. TF_ Architectural rnmmittee shell pre-
serve for a reasonable time complete written records of all applications
for approval submitted (including one (1) set of all preliminary sketches
and all architectural plans so submitted] and all actions of approval or
disapproval, and all actions taken by it under the provisions of this
instrument.
3. General Restrictions.
a. Zon1n . No Residential Estate within the Protected Pro-
perty shall ever be occupied or used by or for any improvement, structure
or purpose or in any manner which is contrary to the zoning regulations
of Garfield County, Colorado, validly in force from time to time.
b. Mining, etc. No mining, quarrying, excavating or drilling
for any substances within the earth, including oil, gas, minerals,
gravel, sand, rock and earth shall ever be permitted within the limits
of the Protected Property.
c. No Business Uses. No land within the Protected Property
shall ever be occupied or used for any commercial or business purposes
or for noxious activity, and ne thi nu aha i i be dom.: u.;,�riz tta:i t., d:
done on any of said lands which is a nuisance or which may become a
nuisance to the Owner or Owners of any said lands. A Ho= O‘uupation
or Profess!^.^. is allowable if it meets all other conditions and
restrictions of these Covenants.
d. Signs. With the exception of one (1) "For Rent" or
'For Sale" sign. which shall not be larger than twelve by twenty
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BUU6S 13 PAGE 326
(12 x 20) inches,and one (1) entrance gate sign of a style and design
approved by the Architectural Committee, no advertising signs, bill-
boards, unsightly objects, or nuisances shall be erected, altered, or
permitted to remain on any Residential Estate in the Protected Property.
e. Animals. Owners and lessees of Residential Estates
within the Pr'.tet.ted Property may have ordinary household pets. in-
cluding horses, belonging to the household in the Protected Property.
Such pets shall be kept and restrained exclusively within the boundaries
of the pet owner's Residential tstate and must not annoy the aeries of
other Residential Estates or property adjacent. The Architectural
Committee shall have the Dower to require an Owner or lessee of a
Residential Estate within the Protected Property to remove any household
pet which is not disciplined or which does constitute an undue annoyance
to Owners and lessees of Residential Estates within the Protected
Property or adjacent property. Owners and lessees of Residential Estates
within the Protected Property may have such other animals, including
cattle, as are approved by the Architectural Committee, after finding
that the keeping of such animals is in conformity with the purpose of
these Covenants.
f. Re -subdivision Prohibited. No Residential Estate within
the Protected Property shall ever be re -subdivided into smaller lots,
estates or parcels or conveyed or encumbered in any less than the full
original dimensions of the Residential Estate, provided that conveyance
or dedications of easements for utilities or private roads may be made
for less than all of one (1) lot.
(,. 6ww,s..,rw [states. If LI,U L or flti•C contiguous
dentist Estates are owned by the same Owner or Owners, they may be
rvibined into one (1) or more l'vger Residential Estates by means of
a written document executed aced ..:knowledged by all the Owners thereof,
approved by the Architectural Committee, recorded in the real property
records of Garfield County. Colorado. Thereafter, the new and larger
Residential Estates shall be considered as one (1) Residential Estate
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BOUIc55I 3 PACE 327
for the purpose of these Covenants. The combining of two (2) or more
Residential Estates will not diminish the number of votes which the
Owners thereof are entitled to cast under the provisions of this document.
h. Service Yards and Trash. Equipment service or storage
piles on any Residential Estate in the Protected Property shall be kept
f to be concealed from the
screened by Qom• -u uG tC YldTitir�y or fencing +� ••+
view of neighboring Residential Estates and access roads. All rubbish
and trash shall be removed from all Residential Estates in said Pro-
tected Property and shall not be allowed to accumulate and snail nut be
burned thereon.
4. Restrictions on Residential Estates.
a. Number and Location of Buildings. No building or structure
shall be placed, altered, erected, or permitted to remain on any Residential
Estate other than:
i. One (1) detached single-family dwelling house.
ii. One (1) detached guest or servant house with a
minimum of four hundred (400) square feet on the first or ground floor
thereof, excluding open porches and garages.
iv.
v.
One (1) attached or detached garage.
One (1) attached or detached tool or storage shed.
Such buildings as are necessary for shelter and
keeping of allowed animals.
b. Dwelling House to be Constructed first.
other building shall be constructed on any Residential
No garage or
Estate until
after commencement of construction of the dwelling house, guest house
or servant house on the same Residential Estate except
specifically permitted by the Architectural Committee.
and alteration work shall be entirely ccm;leted within
after commencement of the construction.
c. Setbacks. All buildings and structures
Estates in the Protected Property shall be set back at
(200) feet from all Residential Estrte boundary lines.
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as otherwise
All construction
twelve (12) months
on all Residential
least two hundred
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d. Tanks. No elevated tanks of any kind shall be erected,
placed or permitted upon any Residential Estate. Any tank used in con-
.nection with any dwelling house or other structure of any Residential
Estate, including tanks for storage of gas, fuel oil, gasoline, oil or
water shall be buried.
e. Used or To Structures. Nu used n rn..i...»ly
erected or temporary house, structure, house trailer or non -permanent
out building shall ever be placed. erected or allowed to remain on any
Resiwrtial Estate eAcept duriily construction periods; and no structure
designed to be inhabited by humans shall be occupied in any manner prior
to its completion.
f. Unlicensed and Abandoned Vehicles. No unlicensed vehicles,
abandoned vehicles or ,junk vehicles shall be ailuwwi to remain Vit any
Residential Estate within the Protected Property.
5. Easements Reserved.
a. Easements Reserved.
1. There are hereby created and reserved perpetual ease-
ments, as described in (ii.) and (iii.) below, for the purpose of con-
structing, maintaining, operating, replacing, enlarging and repairing
water wells. ulectil., telephone, water, irrigation, sewer, gas and
similar lines, pipes, wires, ditches and conduits, walking and riding
trails. and private roads for ingress and egress.
ii. Along that portion of a perimeter of a Residential
Estate which is also a portion of the exterior boundary of the Protected
Property the easement created and reserved in section (i.) above shall
be twenty (20) feet in width.
Ili. Along the perimeter of each Residential Estate to
which (11.) above does not apply. including any portion of said perimeter
which abets on a private road, the easement created and reserved in (i.)
above shall he ten (10) feet in width on each side of the perimeter
boundary of each Residential Estate.
b. Fence Licenses Within Utility Easements. No fence or
other improvements shall be placed in any of the easements within
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Residential Estates created and reserved under section (a) of this
paragraph 5 unless prior written authorization shall have been obtained
from the Architectw it Committee. 4ny such authorization shall be deemed
to be a revocable li,;ense and the Owner or Owners of the Residential
Estate upon which said fence is constructed shall promptly remove the
sane at their expense upon request of the Architectural Committee.
Damage to any such fence occasioned by the construction, maintenance and
repair of any utilities or systems shall be repaired by the Amer or
r nen of the Residential Estate at tnei, sole expense.
c. Elimination of Utility Easements. Upon approval of the
Architectural Committee of a request that certain easements be eliminated
on the original boundary lines of Residential Estates which are no longer
to be boundary lines upon the combining of lnts pursuant to section (7)
of paragraph 3. the then Owner of such easement shall be released and
quit claim such easement upon such terms and conditio as the A-rhi-
tectural Committee may establish.
d. Ownership of Easements. All easements and rights created
and reserved in section (a) of this paragraph shall be vested in the
undersigned Declarant, his successors and assigns, until such time as
he shall have executed and delivered an instrument in writing transferring
the same or part thereof to all Owners of the Residential Estates. Prior
to such transfer, the undersigned Declarant, his successors or assigns.
may authorize the use of said easement. either temporarily or permanently.
for the purposes set forth in section (a) of this paragraph for the benefit
of lands not included in the Protected Property. Upon any such transfer
to all exners of the Residential Estates. the undersigned Declarant, his
successors and assigns. shall be relieved from all continuing responsi-
bilities therefor.
b. Toads.
a. The undersigned Declarant hereby conveys to all Owners
for the private use of all Owners of Residential Estates within the
Protected Property a non-exclusive easement over an,: acre• all the
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private roads presently constructed or to be constructed within the
Protected Property.
b. Maintenance of Roads. All private roads within the
Protected Property, not including personal driveways for the benefit
of Residential maintained , shell Estatesb-
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ments to cover costs of maintenance and repair shall be levied pursuant
to paragraph 7.
7. Assessment for Common Expenses. The Owners of the Residential
Estates shall be obligated to pay the assessments imposed by the
Architectural Committee to meet the common expenses incurred in con-
nection with such Residential Estates. The assessments shall be made
pro rata according to each Owner's total acreage compared to the total
acreage of the Protected Property (142 acres). Assessment for the
estimated common expenses shall be made on an annual basis, unless
otherwise provided for by the Architectural Committee.
8. Owner's Personal Obligation for Payment of Assessments. The
amount of the common expenses assessed against or incurred on account
of the Residential Estates shall be the personal and individual debt
of the Owner thereof. Suit to recover a money judgment for an unpaid
common expense shall be maintainable by the Architectural Committee or
any aggrieved Owner without foreclosure or waiving the lien searing
the same. No Owner may exempt himself from liability for his contri-
bution towards the common expenses by waiver of the use or enjoyment
of any benefit conferred upon the Protected Property or by abandonment
of his Residential Estate.
S. Lien for firm -Payment of Common Expenses. All stens due or
unpaid for the share of conmon expenses chargeable to a Residential
Estate, including interest thereon at the legal rate, shall constitute
a lien on such Residential Estate superior (prior) to all other liens
and encumbrances except:
a. Tax and special assessment liens Oc: the Residential
Estate in favor of any assessing entity; and
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b. All sums unpaid on a first mortgage or first deed of
trust of record, including all unpaid obligatory sums as may be
provided by such encumbrance, including additional advances, refinance
or extension of these obligations made thereon prior to the arising of
such a lien.
To evidence such a lien, the aggrieved Avner may, but shall
not be required to, prepare a written notice setting forth the amount
of such unpaid undebtedness, the name of the defaulting Owner of the
Residential Estate and a description of the Residential Estate. Such a
notice shall be signed by the aggrieved Pwner, as appropriate, aid may
be recorded in the office of the clerk and recorder of the l.ouHty of
Garfield, St::' of Colorado. Such lien for the failure of common
expenses shall and may be enforced by foreclosure on the defaulting
Owner's Cesidential Estate by the aggrieved Owner in a like manner as
a mortgage or deed of trust on real property upon recording of . notice
of claim thereof. In any such foreclosure, the defaulting owner shall
be required to pay the costs and expenses of such proceedings, the
costs and expenses for filing the notice or claim of lien, and all
reasonable attorney's fees. The foreclosing party shall have the power
to bid in the Residential Estate at foreclosure sale and to acquirft
and hold, lease, mortgage and convey the same.
The amount of the common expenses chargeable against the
Residential Estates and the costs and expenses, including attorney's
fees, of collecting the same shall also be a debt of the Owner thereof
at the time the same is due. Suit to recover money judgment for unpaid
Poen expense shall be maintainable without foreclosing or waiving the
lien securing the same.
Any encumbrancer holding a lien on a Residential Estate may
pay any unpaid coon expense payable with respect to such Residential
Estate. Such encumbrancer shall have a lien on such Residential Estate
for the amount paid of the same priority as a lien of his encumbrance.
i7;. Wt11 "y for Daemon Expense U!on Transfer of Residential
Estate. Upon payment of a reasonable fee not to exceed ten dollars
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($10.00) and upon the written request of any Owner or any mortgagee or
prospective mortgagee of a Residential Estate, the Architectural
Committee shall issue a written statement setting forth the amount of
the unpaid common expenses, if any, with respect to the subject Resi-
dential Estate, the amount of the anticipated annual assessment, and
the date such assessment becomes due, credit for advance payments, if
any, which shall be conclusive upon the issuer of such statement'in
favor of all persons who rely thereon in good faith. Unless such request
fin- a statement u. nwcv wuncSb iS GinTi'piicu' w;111 *Rhin LCR (13) days,
all unpaid common expenses which become due prior to the date o7 making
such request shall be subordinate to the lien of the person requesting
such a statement.
The grantee of a Residential Estate shall be jointly and
severally liable with the grantor for all unpaid assessment% against
the latter for his proportionate share of the common expenses up to the
time of the grant or conveyance, without prejudice to the grantee's right
to recover from the grantor the amounts paid by the grantee therefor,
provided. however, that, upon payment of a reasonable fee not to exceed
ten dollars ($10.00), and upon written request, any prospective grantee
shall be.entitled to a statement from the Architectural Committee,
setting forth the amount of the unpaid assessments, if any, with
respect to the subject Residential Estate, the amount of the estimated
annual assessment, and the date that such assessment becomes due,
credit for advance payments, which shall be conclusive upon the issuer
of such statement. Unless such request for statement of indebtedness
shall be complied with within ten (10) days of such request. such
grantee shall not be liable for, nor shall the Residential Estate con-
veyed be subject to a lien for, any unpaid a,..._ments against said
Residential _state.
11. Construction of an Irrigation System. The Architectural
Committee shall havt the power to authorize construction of an irri-
gation system for the benefit of the Protected Property if the Owners
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of the majority of the acreage within the Protected Property approve the
same. The financing of the construction shall be by assessment cn each
individual share held, owned or beneficially owned in the Missouri Heights
Irrigation Company. In no event shall the assessment levied exceed three
hundred dollars ($300.04) per share. Any further amounts needed for
coep'.etior of the system shall be raised by imposing an assessment on the
users of the system. Such assessment shall be considered an assessment for
common expense and shall be enforced as provided for in paragraphs 8 and 9.
12. Right of First Refusal by Owners.
a. In the event any Owner of a Residential Estate in the
Protected Property other than the Declarant shall wish to sell the same and
shall have received a bona fide offer therefor from a prospective purchaser,
including an offer from another Owner, the selling Owner shall give written
notice thereof to the remaining Owners together with a copy of such nffer
and terms thereof. The remaining Owners, individually and collectively,
shall have the right to purchase the subject Residential Estate upon the
same teras and conditions as set forth therefor, provided written notice
of such election to purchase is given to the selling Amer or his agent
together with a matching down payment of deposit during the twenty- (20)
day period immediately following receipt of the notice of the offer to
purchase.
In the event that two (2) or more remaining Owners shall
have given their notice to the selling Owner provided above. the deter-
mination of who among the competing Owners shall have the right to purchase
the R.;siiantiel Estate she'.' to made AT ff-IlewF. The selling Owner shall
notify all Owners who submitted their notice of election to purchase and
provided the down payment of deposit as required hereinabove to submit
sealed bids to the Architectural Committee within twenty (20) days of
receipt of such notice. The Architectural Committee shall open all such
bids upon the thirtieth (30th) day following the day the selling Owner
mailed such notice to the competing Anvers. and the Owner submitting
the bid offering the highest purchase price for the subject Residential
Estate shall have the right to purchase the same.
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auu(5I 3 PAGE 334
In the event any Owner shall attempt to sell his Residential
Estate without affording to the other Owners the right of fist refusal
herein provided, such sale shall be voidable and may be voided by
certificate of non-compliance by the Architectural Committee, duly
recorded in the recording office where the Declaration is recorded.
However, in the event the Architectural Committee has not
recorded such a certificate of non-compliance within one (1) year from
date of recording in the case of a deed delivered in violation of this
paragraph, such conveyance shall be conclusively deemed to have been
made in compliance with this paragraph and no longer voidable.
In no case shall the right of first refusal reserved herein
affect the right of an Owner to subject his parcel to a trust deed, mort-
gage. or other security interest.
The failure of or refusal by the Owner to exercise the
right to so purchase shall not be constituted or be deemed to be a waiver
of such right to purchase when an Owner receives any subsequent bona fide
offer from a prospective purchaser.
The right of first refusal as provided herein shall extend
and run for the life of Robert Chimento of Aspen, Colorado, and his now
living descendents and the survivor of them plus twenty-one (21) years.
Except as provided in (b) below, and except upon transfer
of a title to the public trustee or to a first mortgagee, each grantor
of a Residential Estate, upon transferring or conveying his interest,
shall incorporate in such instrument of conveyance an agreement that the
grantee carry out the ,rr;,vt:''ons of the right of first refusal as rror
vided in this paragraph.
b. Exemption From Right of First Refusal. In the event of
any default on the part of an Owner under any first mortgage which
eotltlas the holder thereof to foreclose the same, any sale under such
foreclosure, includim; delivery of a deed to the first mortgagee in lieu
of such foreclosure. shall be made free and clear of the provisions of
paragraph (a) and the purchaser or grantee under such deed In lieu of
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foreclosure of such Residential Estate shall be thereupon and there-
after subject to the provisions of this Declaration. If the purchaser
following such foreclosure sale or grantee under a deed in lieu of such
foreclosure shall be the then holder of the first mortgage or its
nominee, the said holder or nominee may thereafter sell and convey the
Residential Estate free knd clear of tiie uruvihiunb ui (a) above. The
grantor shall thereupon and thereafter be subject to all of the pro-
visions thereof.
The following transfers are exempt from the provisions
of (a):
1. The transfer by operation of a law of a deceased's
joint tenant's interest to the surviving joint tenant.
1i. The transfer of a deceased's interest to a devisee
or devisees by will or its heirs at law under intestacy laws.
iii. The transfer of an Owner's interest to a relative
within the third degree.
iv. The transfer of all of an Owner's interest by
treasurer's deed pursuant to a sale for delinquent taxes.
v. The transfer of all or any part of a partner's
interest as a result of a withdrawal, death or otherwise to the remain-
ing partners carrying on the partnership business and/or to a person
or persons becoming partners.
vi. The transfer of all or part of a partner's interest
between one (1) or more partners and/or to persons becoming partners.
vii. Tne transfer of a corporation's interest to
persons formerly owning the stock of the corporation as a result of
dissolution.
viii. The transfer of the resulting entity following
a corporate merger of consolidations, provided, however, that at least
fifty percent (50%) of the stock of the resulting entity is owned by
share stockholders of the corporation formerly owning the Residential
Estate.
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If the Owner of the Residential Estate can establish
to the satisfaction of the Architectural Committee that the proposed
transfer is not a sale, then such a transfer shall not be subject to
the provisions of (a) above.
(c) Certificate of Compliance, Right of First Refusal. Upon
written request of any prospective transferee, purchaser or an existing
or prospective mortgagee of any Residential Estate, the Architectural
Committee shall forthwith, or,where time is specified, at the end of
that time. issue a written and acknowledged certificate in recordable
form evidencing:
i. With respect to a proposed sale under (a), that
proper notice was given by the selling Owner and that the remaining
Owners did not elect to exercise their option to purchase.
ii. With respect to a deed to the first mortgagee or
its nominee in lieu of foreclosure and a deed from such first mortgagee
or its nominee, pursuant to paragraph (b), that the deeds were, in fact,
given in lieu of foreclosure and were not subject to the provisions of
(a).
iii. With respect to any contemplated transfer which is
not in fact a sale, that the transfer will not be subject to the pro-
visions of (a).
Such certificate shall be conclusive evidence of the
facts contained therein.
12. Enforcement.
a. Enforcement Action. rhe Architectural Committee shall
hove the :lght to pr.sccute i!y ,, ti'n to enforce xn' of th• provisions
of any or all of these Covenants by injunctive relief, on behalf of
itself and all or a part of the Owners of Residential Estates in the
Protected Property. in addition. each Owner of a Residential Estate
within the Protected Property shall have the right to prosecute any
action for injunctive relief and for damages by reason of violation
of these Covenants.
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b. limitations Actions. In the event any construction 'r
alteration or landscaping wo•k is commenced on any of the Residential
Estates in the Protected Property in violation of these Covenants and
no action is commenced within ninety (90) days thereafter to restrain
such violation, then injunctive or equitable relief shall be denied; but
an action for damages shall be available to any party aggrieved. Said
ninety- (90) day limitation shall not apply to injunctive or equitable
relief against other vlolat' .ns of these Covenants.
13. General Provisi,ns
a. Covenants to un. A11 of the Covenants contained in this
instrument shall be a burde )n the title to all of the Residential
Estates in the Protected Pr .2rty, and the benefits thereof shall inure
to the Owners of all of the esidential Estates in the Protected
Property; and the benefits , a the burdens of all said Covenants shall
run with the title to all o' the Protected Property.
b. Termination c Covenants. The Covenants contained in this
instrument shall terminate on June 1, 2028. These Covenants may be
amended by a vote of the Own•rs of three-fourths (3/4) of the total acres
contained in the Protected Property, provided a properly certified copy
of the resolution of amendment be placed on record in Garfield County,
Colorado. If these Covenants are amended on June 1, 2028, then they
shall continue in effect as amended for so long thereafter as may be
stated in such amendment.
c. Severability. If any part or parts of these Covenants
be declared invalid or unenforceable by any court of competent juris-
diction, such decision shall not affect the validity of the remaining
Covenants.
d. Paragraph Headiness. The paragraph headings In this
instrument era for convenience only and shall not be construed to be
a part of the Covenants contained herein.
-16-
1.1
BOL513 DU 338
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The f regoing instrument was acknowledged before me this /4( day
of , 1978, by ROBERT CHIMENTO.
......... my hand and official seal.
•,IOTARy Viti1cormiissi on expires 3/..:1/fg.
.:k.;a-Usk-IC34" 1":
•
Notary Pu
C " k
.... ............... •••
....... • s-
M1 i34 FEB 2 1 1979
R000rdee�.
,. . 7 _ _ o' :1ac_z.._./3 T4
Recept ion No .22
,9._=?44 !Mildred Al::dori•, Recorder
STATE OF COLORADO
County of Pitkin
ss.
AFFIDAVIT
Robert J. Chimento being duly sworn states as follows:
1. That I am the owner of the real property situated
in Garfield County which is more specifically described in
Exhibit A, attached hereto.
2. That on July 27, 1978, I caused to be recorded in
Book 513 at Page 322 of the veal property records of Garfield
County, a Declaration of Protective and Restrictive Covenants
covering said property.
3. That a description of the property affected by
said Declaration was inadvertently omitted from such recording.
4. That said property to be affected by said Declaration
of Protective and Restrictive Covenants recorded in Book 513 at
Page 322 is the property described in said Exhibit A.
Further the affiant saye h not.
77 /,
DATED this t2l' day of Chu4=-7_ , 1979.
Robert J. Chimento
Subscribed and sworn to before me this :7, 1""day of
February, 1979.
Witness my hand and official seal.
,014.13
My commission expires: ) ,5, '.3D . c,� ✓ ° .
NotaXy rublic
EXHIBIT "A"
A parcel of land situated in Lot 4 and in Lot 7 of Section 18, Township 7 South,
Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colo-
rado, lying Southerly, Easterly and Northerly of a fence as constructed and in
place, said parcel of land is described as follows:
Beginning at a point in said fence whence the.Southwest Corner of said Section 18 bears:.
S.02'06'34" W. 1342.07 feet; thence N.01°22'17" W. 1908.1.0 feet along, said fence; thence
:7.89'39'26" E. 821.22 feet along said fence; thence South 1906.88 feet; thence S.89°331
55" W. along said fence _775,55 feet, more or less to the point of beginning.
and
A parcel of land situated in Lots 4, 7, and 12 also in the NW1/4SE1/4, all in Section 18,
Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield,
State of Colorado, lying Southerly of a fence as constructed and in place and West-
erly of the Westerly right-of-way line of County Road No. 100. said parcel of land
is described as follows:
Beginning at a point whence the Southwest Corner of said Section 18 bears: S.31°
29'00" W. 1579.57 feet; thence North 1906.88 feet to a point in said fence; thence
N.89°39'26" E. along said fence, 2378.66 feet to a point on the Westerly right-of-
way line of said County Road; thence S.31°02'00" E. 959.80 feet along said right-
of-way lin..; thence 224.50 feet along the arc of a curve to the right, having a
radius of 295.02 feet, the chord of which bears: S.09°14'00" E. 219.12 feet;
ciente S.12-2.4'00" W. 460.16 feet along said right-of-way line; thence West
2483.18 feet; thence South 430.50 feet; thence S.89°33'55" W. 525.30 feet, more
or less to the point of beginning.
-A
800X0903'rt: i 219
RECORDED 1•.349 O'CLOCK 4.M. REC it 463512
MAY 2 3 1994 MILDRED ALSOORF, GARFIELD COUNTY CLERK
AMENDMENT TO
DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the undersigned are the owners of all of the real property situate in the County
of Garfield and State of Colorado which is subject to Declaration of Protective and Restrictive
Covenants recorded in the office of the Clerk and Recorder of Garfield County, Colorado as
Reception No. 287265 in Book 513 at Page 322 and amended by Reception No. 441983 in Book 849
at Page 271 (Covenants);
WHEREAS, Exhibit A to the Covenants was omitted at the time the Covenants were
recorded; however, said Exhibit A was recorded as an attachment to Affidavit recorded in the office
of the Clerk and Recorder of Garfield County, Colorado as Reception No. 292244 in Book 523 at
Page 201;
WHEREAS, the property subject to the provisions of the Covenants consisted of seven (7)
parcels, six (6) of which contained approximately seventeen (17) acres each and one (1) of which
contained approximately thirty-five (35) acres;
WHEREAS, paragraph 3.f of the Covenants prohibits the resubidivision of any of the parcels
subject to the provisions of the Covenants into smaller lots;
WHEREAS, on February 19,1992, the parcel containing approximately thirty-five (35) acres
was divided into two (2) parcels containing approximately seventeen (17) acres each by conveying
one of the parcels to Arthur Waldron Ackerman III and Susan Moore Ackerman by deed recorded
in the office of the Clerk and Recorder of Garfield County, Colorado in Book 824 at Page 578
(Ackerman Parcel);
WHEREAS, the parties hereto desire to amend the Covenants to allow the division of the
tract containing approximately thirty-five (35) acres into two (2) parcels containing approximately
seventeen (17) acres each;
NOW, THEREFORE, the undersigned agree as follows:
1. The Covenants are hereby amended by providing that paragraph 3.f of the
Covenants shall read as follows:
3. f. Subdivision Prohibited. Except for that portion of the
property described in Exhibit A hereof which contains approximately
thirty-five (35) acres, no Residential Estate within the Protected
Property shall ever be re -subdivided into smaller lots, estates or
parcels or conveyed or encumbered in any less than the full original
dimensions of the Residential Estate, provided that conveyance or
dedications of easements for utilities or private roads may be made
Amendment to Covenants Page 1 of 8
P.tt
�3 6a ktie , 60 V /tn a3
!�o7
• BOOKO9O3;'hci 220
for less than all of one (1) lot. That portion of the property
described in Exhibit A hereof which contains approximately thirty-five
(35) acres may be divided once into two (2) parcels containing
approximately seventeen (17) acres each.
2. The division of the thirty-five (35) acre parcel which occurred prior to the
adoption of these Covenants and which resulted in the creation of the Ackerman Parcel is herchy
ratified and confirmed the same as if the division took place subsequent to the recordation of this
document.
3. The second parcel created by the division of the thirty-five (35) acre parcel
is described in Exhibit A attached hereto and made a part hereof.
4. Except as herein provided, all other terms and conditions of the Covenants
arc hereby ratified and confirmed.
5. The execution hereof may he by counterparts and, when the signature pages
and acknowledgement clauses containing thc signatures of all of the owners of thc property subject
to the Covenants arc attached hereto, the document shall be considered as one instrument.
IN WITNESS WHEREOF thc parties have hereunto set their hands and seals the day and
year set opposite the name of each.
Date: '.f -2-/ - 9-/ d
Date: 14' 2 /-
Date: -
Date:
Date:
Date:
Date:
ARTHUR WALDRON ACKERMAN 111
tom. •9 � .4."�
SUSAN MOORE ACKERMAN
ROBERT R. BACON, aka Robert. Bacon
MICFIELE T. BACON. aka Michele Bacon
MARK M. TYE
A. RAYMOND TYE
Amendment to Covenants Page 2 of 7
Boox0903 221
for Icss than all of one (1) lot. That portion of the property
described in Exhibit A hereof which contains approximately thirty-five
(35) acres may bc divided once into two (2) parcels containing
approximately seventeen (17) acres each.
2. The division of the thirty-five (35) acre parcel which occurred prior to the
adoption of these Covenants and which resulted in thc creation of the Ackerman Parcel is hereby
ratified and confirmed thc same as if the division took place subsequent to the recordation of this
document.
3. The second parcel created by the division of the thirty-five (35) acre parcel
is described in Exhibit A attached hereto and made a part hereof.
4. Except as herein provided, all other terms and conditions of the Covenants
arc hereby ratified and confirmed.
5. The execution hereof may be by counterparts and, when the signature pages
and acknowledgement clauses containing the signatures of all of thc owners of the property subject
to the Covenants are attached hereto, the document shall bc considered as one instrument.
IN WITNESS WHEREOF the parties have hereunto sct their hands and seals the day and
year sct opposite the name of each.
Date:
Date:
Date: 4//aG/9v
Date: y/ 79V
Date:
Date:
ARTHUR WALDRON ACKERMAN 111
SUSAN MOORE ACKERMAN
RO ERT R. BACON, aka RobertBacon
MICHELE T. BACON, aka Michele Bacon
MARK M. TYE
A. RAYMOND TYE
Aniendn:en< to Corenmus Page 2 of 7
• aow(0903 ptr..; 222
for less than all of one (1) rot. That portion of the property
described in Exhibit A hereof which contains approximately thirty-five
(35) acres may he divided once into two (2) parcels containing
approximately seventeen (17) acres each.
2. The division of the thirty-five (35) acre parcel which occurred prior to the
adoption of these Covenants and which resulted in the creation of the Ackerman Parcel is hereby
ratified and confirmed thc same as if the division took place subsequent to thc recordation of this
document.
3. The second parcel created by the division of the thirtyfivc (35) acre parcel
is described in Exhibit A attached hereto and made a part hereof.
4. Except as herein provided, all other terms and conditions of the Covenants
arc hereby ratified and confirmed.
5. The execution hereof niay he by counterparts and, when the signature pages
and geknowledgement clauses containing the signatures of all of the owners of thc property subject
to the Covenants arc attached hereto, the document shall be considered as one instrument.
IN WITNESS WHEREOF the parties have hereunto set their hands and scats the day and
year scl opposite the name of each.
Date:
.Date:
Dale:
Date:
Date: 11-)-5-- q g
Date:
ARTHUR WALDRON ACKERMAN 111
SUSAN MOORE ACKERMAN
ROBERT R. BACON, aka Robert Bacon
MICHELE T. BACON, aka Michele Bacon
MARK M. TYE
A. RAYMOND TYE
Amendment mens !v C'vrenru,Gs I'age 2 of 7
BooK0903 PAC; 223
for Icss than all of one (1) lot. That portion of the property
described in Exhibit A hereof which contains approximately thirty-five
(35) acres may be divided once into two (2) parcels containing
approximately seventeen (17) acres each.
2. The division of the thirty-five (35) acre parcel which occurred prior to the
adoption of these Covenants and which resulted in the creation of the Ackerman Parcel is hereby
ratified and confirmed the same as if the division took place subsequent to the recordation of this
document.
3. The second parcel created by the division of the thirty -live (35) acre parcel
is described in Exhibit A attached hereto and made a part hereof.
4. Except as herein provided. all other terms and conditions of the Covenants
arc hereby ratified and confirmed.
5. The execution hereof may be by counterparts and, when the signature pages
and acknowledgement clauses containing the signatures of all of the owners of the property subject
to the Covenants arc attached hereto, the document shall be considered as one instrument.
IN WITNESS WHEREOF the parties have hereunto set their hands and scats the day and
year set opposite the name of each.
Date:
Date:
Date:
Date:
Date:
Date: `74 /9/
ARTHUR WALDRON ACKERMAN III
SUSAN MOORE ACKERMAN
ROBERT R. BACON, aka Robert Bacon
MICIIELE T. BACON, aka Michele Bacon
Amendment to Covenants l'nge 2 of 7
Date:
Date:
Date.:
Date:
STATE OF COLORADO )
) ss.
COUNTY OF )
eoolt0903 224
MICHAEL A. TYE
')GGT ROONEY
DONNA CIIIMENTO SIMPSON
SUtvLMEI(S BROMWELL
The above and foregoing instrument was acknowledged before me this
1994, by Arthur Waldron Ackerman 111.
Witness my hand and seal.
Address:
My commission expires:
STATE OF COLORADO
COUNTY OF
SS.
Nohu), Public
The above, and foregoing instrument was acknowledged before me this
, 1994, by Susan Moore Ackerman.
Witness my hand and scal. .
Address:
My conunission expires:
Notary Public
Ainenu/neral to (*o 'enanls !'age 3 of 7
day of
day of
AFP.: 2F. ''? I G13:32PI•I In QOM 11?P.SE C -PEI IC'LE
•
Date:
Date:
Date: 7 2_ 7 y
Date:
Date:
Date:
8nnx0903:'.tt::225
MICHAEL A. TYE
BRIDGET M. ROONEY
De NNA CHIMENI;O SIMPSO
SUMMERS BROMWELL
JAMES R. BYRNES
VALERIE P. BYRNES
STATE OF COLORADO )
) ss.
COUNTY OF
The above and foregoing• instrument was acknowledged before me this day of
, 1994, by Arthur Waldron Ackerman 1II.
Witness my hand and seal.
Notary Public
Address:
My commission expires:
Amendment to Covenants Page 3 of 8
1)a(c:
Date:
Datc•
Date:
• •
2
STATE OF COLORADO )
ss.
COUNTY OF )
800x0903: v.; 226
MICHAEL A. TYE
BRIDCLT M. ROONEY
DONNA CIIIMENTO SIMPSON
AWE
s
(14,--7.-v-,---__S /
S N1�9CRS I ROs\ ,LL
'I he above and foregoing instrument was acknowledged hcforc me this
1994. by Arthur Waldron Ackerman III.
Witness niy hand and seal.
Address:
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF )
Notary Public
day of
The above and foregoing instrument was acknowledged before me this day of
. 1994. by Susan Moore Ackerman.
Witness my hand and seal.
Address:
My commission expires:
i?rnrrrdnum! (o Coirrnorrls
Notary Public
Page 3 of 7
Date:
Date:
Date:
Date:
Date: S _ 3 -
Date: X - .3 -2.
STATE OF COLORADO )
) ss.
COUNTY OF
Bonx0903r!r:227
MICHAEL A. TYE
BRIDGET M. ROONEY
DONNA CIII,MENTO SIMPSON
SUMMERS BROM1'VELL
J MgS R. BYRN
VALERIE P. BYRN
The above and foregoing instrument was acknowledged before me this
, 1994, by Arthur Waldron Ackerman III.
Witness my hand and seal.
Address:
My commission expires:
Notary Public
Amendment to Covenants Page 3 of 8
day of
Dale:
Date:
Date:
Date:
• •
STA 1'E OF COLORADO )
COUNTY OF )
SS.
8001(0903 Ptr.; 228
MICHAEL A. TYE
BRII)GET M. ROONEY
DONNA CIHMENTO SIMPSON
SUMMERS RROMWELL •
The above and foregoing instrument was acknowledged before me this ..L 1 day of
Ai- , L , 1994, by Arthur Waldron Ackerman RI.
Witness niy hand and seal.
NotPublic
Address: a4 �� t2 . 1 00
Nly commission expires: V - - % F
STATE OF COLORADO )
) ss.
COUNTY OF )
The above and foregoing instrument was acknowledged before me this ../ day of
x . 1994, by Susan Moore Ackerman.
itncss my hand and seal.
'Address: -1-43 o Ci7 2d„.. r
My commission expires: y — u — `"
Not y Public 77
Amanda:enl In Coi'enanis Page 3 ti 7
&TATE OF COLORADO )
) ss.
COUNTY OF e/ )
B00K0903 •'m 229
The above and foregoing instrument was acknowledged before mc this ,2 7'"4elay of
. 1994, by Robert R. Bacon. also known as Robert Bacon..
•Vilit.ncss my hand and seal.
Notary Public
. nCId'ress: O 30 q / 33, (laxboit‘ec--�
My ciiinmissicm expires: 0g/9 q
STATE OF COLORADO )
COUNTY OF 6-arfie/d) ss.
The abyvc and foregoing instrument was acknowledged before. nic this (:R7'"' day of
/ ! . 1994, by Michele T. Bacon, also known as Michele Bacon..
. 'itncss my hand and seal.
•
Notary Public
•Address: O3Oy ffw y /33, Cat -Lintel
My commission expires: ./9/91
STATE Of COLORADO
) ss.
COUNTY OF
The above and foregoing instrument was acknowledged before inc this Today of
. 1994. by Mark M. Tye.
Witness my hand and seal.
Notary Publi
/�cldress:. ,5/ 7 &j, /.c,
My commission expires: /4/��f
114.4
Amendment to CorennnI.v Page 4 of 7
8001(09031.m 230
NI\ C
STA CE OF:r--r .'.Q4 "PO )
COUNTY OF Q ' ,_ ss.
� Thc, : hove �
r�_
nd foregoing instrument was acknowledged bcforc me this >'.•.day of
l_.��✓,�y� , 1994, by A. Raymond Tyc.
itncss my hand and seal.
Address: S
My commission expi s: IJl S
Notary Public.
STATE OF COLORADO )
) ss.
COUNTY OF
•
The above and foregoing instrument was acknowledged before me this day of
1994, by Michael A. Tyc.
Witness niy hand and seal.
Notary Public
Address:
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF
Thc above and foregoing instrument was acknowledged bcforc me this day of
, 1994, by Bridget M. Rooney.
Witness my hand and seal.
Notary Public
Address:
My commission expires:
i1 mcndnrcvd to Corcnrrnts Page 5 of 7
STATE OF COLORADO )
) SS.
COUNTY OF )
BooxO9Q3 P4t ; 231
The .above and foregoing instrument was acknowledged before me this clay of
, 1994, by A. Raymond Tyc.
Witness my hand and seal.
Notary Public
Address:
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF
The above and foregoing instrument was acknowledged before me this day of
1994, by Michael A. Tyc.
Witness my hand and scal.
Notary Public
Address:
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF
' above and foregoing instrument was acknowledged before mc this 9 day of
1994. by Bridget M. Rooney.
Wi ess my hand and seal.
o y Pubfu.
Address: 6. 'V'4" X /33, lo•
My commission expires: /0///f 7
0103 dO
H3830VA'c\'
4 i JItiu354
Amendment 10 Corenanis Page 5 of I��� '' •., . *
=t=:: =4Pr I I WSOi•Igr1t1F._,E CHPE:rIEd E
STATE OF COLORADO
COUNTY OF
) ss.
}
P..
aoo'0903m;i232
The above and foregoing instrument was acknowledged before me this day of
, 1994, by Bridget M. Rooney.
Witness my hand and seal.
Address:
My commission expires;
CALIFoPNIA
STATE OF COLORADO )
COUNTY OF VT* -)Rh )
ss.
Notary Public
The above and foregoing instrument was acknowledged before me thisa_'un day of
, 1994, by Donna Chimento Simpson.
Witness my hand and seal.
Address:
My commission ex�-a�_
pires; `
7
STATE OF COLORADO )
) ss.
COUNTY OF )
Notary Public
TRICIA MOLD O
cOM A o W31�10
Notary Eta —
WEts,;�:'r,M� 9 L91Y
The above and foregoing instrument was acknowledged before me this
, 1.994, by Summers Bromwell.
Witness my hand and seal.
Address:
My commission expires:
Notary Public
Amendment to Covenants Page 6 of 8
day of
• •
STATE OF COLORADO )
) ss.
COUNTY OF )
BOOK0903 233
The above and foregoing instrument was acknowledged before me this day of
, 1994, by Donna C.himcnto Simpson.
Witness my hand and seal.
Address:
My commission expires:
STATE OF COLORADO
COUNTY OF aidir
)
)
SS.
Notary Public
The .above and foregoing instrument was acknowledged before me this /2,6 day of
/fit tL! . 1994. by Su, 6"""%.,� mwcll.
,P�Y PU@�.c� --- / .,
S ( vsj,GeRa Ns l'y Public.,
r,
1'..TEOFc_ s
Witness my hand and seal.
Address:�, '///A 7yN3 l-•:
My commission expires: /t,// 97
STATE OF COLORADO )
) ss.
COUNTY OF )
The ahovc and foregoing instrument was acknowledged before me this day of
. 1994. by
Witness my hand and seal.
Notary Public
Address:
My commission expires:
Amendment to C orcnnr:Gs Page 6 of 7
Boox0903 iv: 234
STATE OF COLORADO )
) ss.
COUNTY OFF rr i'k,'� )
The above and foregoing instrument was acknowledged before me this J day of
, 1994, by James R. Byrnes.
Withess my hand and seal.
Address: i,5 L-_QccvA) 12 al, S IY\ • V •,C o
My commission expires: q - 1 `i-`'Ro
STATE OF COLORADO )
ss.
COUNTY OF -P; -1-1.2j )
M
Notary Public
Fill)! s
The above and foregoing instrument was acknowledged before me this day of
, 1994, by Valerie P. Byrnes.
Witneds my hand and seal.
4/1
Notary Publi
Address: 1,5 cut.,•,N., lad SIMV) C o V 1 ! ;-
My
My commission expires: L,
Amendment to Covenants Page 7 of 8
snnx09031>>:t:r235
EXHIBIT A
Attached to and Forming a Part of Amendment to Declaration of Protective and
Restrictive Covenants
A parcel of land situated in Lots 4 and 7 of Scction 18, Township 7 South, Range 87 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, lying easterly and southerly of a
fence Zine as constructed and in place, said parcel being more particularly described as follows:
Commencing at the southwest corner of Scction 18 of said township and range, being a Garfield
County brass cap in place; thence N. 01°57'27" E. 1342.35 feet to a point in said existing fence line,
also being a rebar and cap L.S. #7972 in place; thence continuing along said fence line N. 01°221
W. 957.32 feet to the true point of beginning; thence continuing along said fence line N. 01°2217"
W.950.48 feet to a rebar and cap L.S. #7972 in place; thence continuing along said existing fence
line N. 89°06'15" E. 795.52 feet; thence leaving said fence line S. 01°17'18" E. 962.00 feet; thence S.
89°56'08" W. 794.31 feet to the true point of beginning.
Amendment to Covenants Page 8 of 8
