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HomeMy WebLinkAbout1.26 Riverbend PUD Declarations and Convenant InfoAppendix O – Riverbend PUD Declarations and Covenants Appendix O.1 • Protective Covenants Riverbend Filing No. 1 (Reception No. 281327) Appendix O.2 • Declaration of Protective Covenants Cedar Ridge Appendix O.3 • Declaration of Protective Covenants Riverbend Filing No. 5 I .il r .rl t ' r t,"; t t 4 DECII\RATION OF PROTIECTIVE COVENANTS FOR CEDAR RIDGE STIBDIVISION GARFIELD COUNTY, COIORADO : ',*'t"i'ii irti" PURPOSE OF COVENANTS: It is the intention of the fee ohrner of the Cedar Ridge Subdivision (hereinafter ltsubdivisiontr), expressed by execution of this Declaration, that the lands within the Subdivision be developed and maintained as a highly desirable rural residential area. It is the purpose of these covenants thatthe present natural beauty, natural growth and native setting and surroundings of the Subdivision always be protected insofar as ispossible in connection with the uses and structures permitted by this Declaration. NOW, THEREFORE, ithe undersigned fee ohrner of the Cedar Ridge Subdivision hereby declares that aII of the lots within the Subdivision shall be he1d, sold and conveyed subject to the following: WAITR. AT{D SEWER. WATER SERVICE: Domestic water shall be provided to eachdwelling from the Water & Sewer Company at Riverbend, Inc. A 3/4service will be provided at the county right-of-way and wiII be theIot owners' responsibility beyond that point. Monthly water feeswill begin upon initial occupancy of the residence. These taps arefor one single family dwelling and any other use other than singlefanily shall be prohibited. SEWER SYSTEM: Sanitary sehrage disposal shatl be provided to Lot 3 of the Subdivision by The Water & Sewer Company at Riverbend, Inc. The sewer tap shall be the responsibility of thelot owner at the sewer main. Monthly sewer fees sha1l begin uponinitial occupancy of the residence. This sewer tap is for onesingle fanily dwelling and any other use other than single familyshall be prohibited. Lot l- of the Subdivision, an existing single family residence, has its own individual and fully operable septic tank and leach field for disposal of sewage water. The owners shall be responsible for operation and/or maintenance of septic system. Lot 2 of the Subdivision, with an existing structure/ proposed single family residence shall install an engineered septicsystem pursuant to the percolation test results prepared by CTL/THOII{PSON, INC., a consulting engineering firm, Glenwood Springs, Colorado, or its successors. The owner of Lot 2 shall beresponsible for installation, operation and/or maintenance ofseptic system. PROPERTT USE RESTRICTIONS SPECIFIC REQUIREI{ENTS FOR BUILDINGS : 1. All building construction naterials sha1l be netr,except for the linited use of antique treatments, fixtures andaccessories. No building structure originally constructed in wholeor in part at another location (including nobile homes) shall be moved onto any Lot. No trailers for construction or temporaryhousing shall be permitted during construction or at any othertime. 2. Each fanily dwelling, except those that may alreadyexist, sha1l have a ground footprint of not less than L,?OO squarefeet of finished living area, exclusive of open porches, garages,balconies and decks. 3. No new building or any part thereof shall be erectedon any lot closer to the respective lot lines than as follows: Twenty-five (25) feet from front lot line*;Twenty-five (25) feet from rear lot line*; andTen (10) feet or one-half the height of theprincipal building, whichever is greater, fromside lot line*. Eaves, steps and open porches shall not be considered part of thebuilding in computing setbacks. ,tExcept those that may already exist. 4. AII building foundations shal1 be designed byengineers licensed to practice in the State of Colorado. 5. AII new utilities shall be placed underground. 5. No open hearth wood-burning devises will be allowedwithin the Subdivision. Each dwelling unit will be allowed one (1) EPA Phase ff stove, and an unlimited number of natural gas/propane devices. 7. No elevated tanks shall be permitted on any lot forstorage of gas, fuel, water, oil or other substances. Any storagetank shall be buried below ground level, except for those that mayalready exist. 8. All cut slopes created during construction shall berepranted with native grasses using certified weed-free seed. a b c 2 9. Except to the extent necessary for constructionpurposes, Iiving trees, the trunks of which are two (21 or more inches in dianeter and which naturally exist upon a lot, shall not be cut down or removed. 10. The area of irrigated lawn for each lot shall not exceed 3,500 square feet. The balance of the lot shall be seeded in native grasses not reguiring irrigation. Vegetable and flower gardens not exceeding 500 square feet may be irrigated. Ll,. No lot may be subdivided. L2. OnIy one (1) dog will be allowed for each dwellingunit. Kennels shall be required for confining dogs of those orrners who wish to have a dog, except for those dogs that may alreadyexist. AI1 animals and pets shall be kept under the control of an owner at all times and shall not be permitted to run free on other lots. No dog sha1l be allowed to bark excessively. Should any dog chase or molest deer, elk, poultry or any domestic animals or personsr or destroy or disturb property of another, the ohrner ofthe offending dog shall be prohibited from continuing to keep theoffending dog on such owner's lot. If necessary, to protect witdlife or other owners' domestic animals, persons or property,additional steps, including the destruction of the offending dog, may be taken. 13. No cattle, sheep, goats, pigs or other livestockshall be kept or maintained on any }ot. Poultry and game birdsshall be allowed on Lots L, 2 and 3r so long as such poultry/game birds are not kept for commercial purposes and do not makeobjectionable noises or otherwise constitute a nuisance or inconvenience to any residents of the Subdivision. Lot 2 shall bepermitted to have two (2) horses. A mare with a colt at her sideshall be considered one (1) horse. No stud horses shall be kept.No commercial animal breeding activities of any kind shall bepermitted within the Sr.lbdivision. L4. No chain link fencing shall be allowed except forthe sole purpose of constructing dog kennels. L5. The owners of Lot 1 and Lot 2 wiII share egually in any cost of repairs or maintenance of the thirty (30) foot easementof the access road to such lots for the purpose of ingress and egress. L6. The guidelines of the Colorado State Forester fornildfire preventionr ds set forth in the most current edition ofItWildfire Protection in the Wildland Urban Interfacer rr or its successor, as issued by the Colorado State Forest Service, shall be observed in the construction of all structures. 3 a ENtrIORCEMEI\T, AI}TENDMENT AND REhIEWAL These covenants and restrictions are to run with the landand shall be binding upon all parties and all persons claiming under them until January L, 2OL7. At that tine, said covenants andrestrictions shall automatically extend for successive ten (10) year periods unless othenuise changed by vote of the then najorityof tract owners. These covenants and restrictions may be enforced by anyIot owner. The right of enforcement shall include the right tobring an action for damagesr ES well as an action to enjoin anyviolation of this Declaration. In any such action, the prevailingparty shall be entitled to recover its costs and reasonableattorneys fees incurred. r')Executed this day of L996.t .-1 \ ,y'--' . i) / 1 -v= ((i (ti,{/.Lt. ({r')l('i) Becky D.wafner STATE OF COLOR.,ADO COUNTY OF this ))ss ) Witness my hand and official seal. My connission expires:/t15-?7 TheBft-foregoingT instnynent uas acknowledged before me on day of r{'Or,a.tzu(,f,[ , L99G, by Becky D. Warner. 4 DECLARATION OF PROTECTTVE COVENAIYTS FOR RTVERBEND P.U.D. FILING NO.5 A Common Interest Planned Community The RB WATER & SEWER COMPAIYY a Colorado Corporation, as the fee owner of RIVERBEND P.U.D. FILING NO. 5 (Subdivision), desiring to insure the development and continuity of the Subdivision as a residential subdivision for itself, its successors, legal representatives, assigns and grantees, hereby declares to and for the benefit of all persons who may hereafter purchase and from time to time own lots in the Subdivision that said ownership il1d hslding of said lots shall be subject to the following protective covenants and conditions, all of which shall be deemed to be appurtenant to and run with the land and inure to the benefit of and be binding upon the owners of said lots, their heirs, successors and assigns. ARTICLE I. PIIRJOSE OF COVENAI\TS It is the intention of the fee owner of the Subdivision, (hereinafter sometimes Declarant) expressed by the execution of this instnrment, that the lands within the Subdivision be developed and maintained as a highly desirable rural residential area. It is the purpose of these covenants that the present natural beauty, natural growth and native setting and suroundings of the Subdivision always be protected insofar as is possible in connection with the uses and stnrctures permitted by this instrument. ARTICLE II. DEFIMTIONS A. SUBD[VISION. Whenever the term "Subdivision" is used in these covenants, it shall mean all the lands included in the Riverbend P.U.D. Filing No. 5, and as described on the plat filed for record with the Office of the Clerk and Recorder,Garfield County, Colorador as Reception No. _, Book -_--_, Page _.. The Subdivision is a common interest planned community located entirely in Garfield County, Colorado. The SuMivision shall popularly be known as " Riverbend Filing No. 5 SuMivision" and the homeowner's association shall be known by that rulme. B. RESIDENCE. The term "Residence", "tlnit" and "Dwelling" as used herein shall mean the sixteen (16) single family structures as depicted on the plat of the Subdivision above referenced. C. RESIDENTIAL PLIRPOSE. The term "Residential Purpose" as used herein shall be constmed and held to include the use of a residence as a home and principal dwelling place by the owner thereof. Rental of said unit shall be permissible only if rented to a single family. D. FAMILY. The term "single family" shall mean a household composed of a husband and wife, children and other relatives, or any combination of a man or wife and children or other relatives, having natural or moral duties to one another. E. ASSOCIATION. The term "Association" shall mean the Riverbend Filing No. 5 Homeowner's Assotihion. The Association shatl be a not-for-profit Colorado corporation formed for the pulpose of operating the homeowner's association with the SuMivision. F. BOARD. The term "Board" shall mean the Board of Directors.of the Association. All other terms as used herein shall be defined consistent with the meanings contained at C.R.S. 38-33.3-103 or as otherwise defined under the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101, et seq. G. Architectural Control Committee. The terrt "Architectural Control Committee" shall mean the administrative body responsible for the enforcement and administration of the provisions goveming architectural control set forth in Paragraph V herein. The Architectural Contol Committee shall be composed of the Board and two (2) lot owners elected or otherwise designated by the owners of lots within Riverbend Filing No. I Subdivision, Riverbend Filing No. 2 Subdivision, and Riverbend Ranchettes ARTICLE III. MEMBERSHIP IN RTVERBEND P.U.D. FILING NO. 5 HOMEOWI{ERS ASSOCIATION, INC. All persons or associations (other than the Association) who own or acquire the title in fee to any of the lands in the SuMivision shall automatically become members of the Association. The owner'or owners of each lot shall be entitled to one (1) vote for each lot owned and shall be liable to pay assessments on the basis of one sixteenth (l/16) of all assessments for each lot owned In the event title to any lot is obtained by eminent domain procedwes by a public utility and used for utility pulposes, the fractional interest of each owner shall be modified to reflect the number of lots remaining afrer such taking. For example, if one lot is so takerU the fractional interest of each owner shall be l/lsth. In the event additional lots are added to the Subdivision pursuant to Article )ilI A. 2. hereirU the converse shall apply -- the fractional interest of each owner shall be modified to reflect the number of lot(s) added by Declarant. For example, if one lot is so taken, the fractional interest of each owner shall be Lll7th. ARTICLE IV. Riverbend PUD Filing 5 Protective Covenants Page 2 MEMBERSHIP IN TTIE RIYERBEND WATER AI\[D SEWER COMPAI\IY All persons or associations (other than the Association) who own or acquire the title in fee to any of the lands in the Subdivision shall automatically become members of the Riverbend Water and Sewer Company, a Colorado non-profit corporation, shall be issued certificates to reflect the same and shall be required to execute a written service contact with the corporation for domestic water and sewage treatment. The owner or owners of each lot shall be entitled to one (1) vote for each lot owned. For purposes of this paragraph, the owner of each unit within the heretofore denominated multi-family units shall be deemed to be a lot owner. Pursuant to the procedures set forth in its Articles of Incorporation and the Subdivision Improvements Agreement executed by the Declarant and Garfield County, the Riverbend Water and Sewer Company shall issue additional memberships to all residents of Riverbend Subdivision Filings Nos. I and 2 and Riverbend Ranchettes who execute service contacts with the Riverbend Water and Sewer Company for the purpose of receiving water and sanitary sewage disposal services from the Company. ARTICLE V. ARCIIITECTURAL COI{TROL A. PLAI\I SLIBLITTALS. Before anyone shall conrmence the construction, remodeling, addition to, or alteration of any building, swimming pool, wall, fence or other structure whatsoever, on any lot, there shall be submitted to the Architectural Control Committee two (2) complete sets of the plans and specifications for said work, and no such structure or improvement of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefor have received such written approval as herein provided. The plans and specifications shatl be submitted to the Architectural Contol Committee and approval received from the Architectural Control Committee prior to application for a building permit from Garfield County or other public entity having jurisdiction thereof. Such plans shall include plot plans showing the location on the lot or property of the wall, fence or other such structtue proposed to be construcbd, placed, altered or maintained, and elevation of same, together with the proposed color schemes for roofs and exteriors thereof, indicating materials for the same. The Architectural Control Committee shall have the right to refuse to approve any such plans or specifications which are not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon such plans and specifications, it shall have the right to take into consideration the suitability of the proposed building, structure or other improvement and the materials of which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the Riverbend PUD Filing 5 Protective Covenants Page i effect of the building or other structure as planned on the view-plane from the adjacent or neighboring property. All plan submittals shall meet the following criteria: L Each single family dwelling shall have a ground footprint of no less than 850 square feet of fmished living are4 exclusive of open porches, gzuages, balconies and decks. 2. Each multi-family dwelling shall have a combined ground footprint of no less than 850 sq. feet of finished living area exclusive of open porches, guages, balconies and decks. 3. No building shall exceed 27 feet in vertical height measured from the finished elevation of the intersection of the center of the front steet with a line drawn from the center of the lot perpendicular to the front line of the lot, such total height to include the roof. 4. No building or any part thereof shall be erected on any lot closer to the respective lot lines and as follows: a. Single-family units. (l) Front lot line 25 feet. (2) Rear lot line 25 feet bu,din*, *rri"8"r,.I::,::t line l0 feet or one-half the height of the principal b. Multi-family (1) Front lot line 25 feet (2) Rear lot line 25 feet (3) Side lot line l0 feet or one-third the height of the principal building, whichever is greater Eves, steps and open porches shall not be considered part of the building in computing set- backs. 5. Siding materials shall be stucco, brick, rock, wood, masonite siding and such other materials as may be approved by the Architectural Contol Committee. Roofing materials shall be fiberglass shingles, colored clay, colored metal or clay or concrete tile, the colors of said materials to be approved by the Architecttual Contol Committee. Riverbend PUD Filing 5 Protective Covenants Page 4 6. . All building foundations shall be designed by engineers licensed to practice in the State of Colorado. 7 . Except to the extent necessary for construction purposes, living trees the trunk of which is two inches (2") or more in diameter and which naturally exist upon a lot shall not be cut, trimmed or removed from such lot except z$ may be approved by the Architectural Control Committee. 8. The area of inigated lawn for each lot shall not exceed 3,500 square feet. The balance of the lot shall be seeded in native grzuises not requiring irrigation (e.9. crested wheat), indigenous trees, bushes and shrubs may also be planted. Vegetable and flower gardens not exceeding 500 squue feet in area may be irrigated 9. Neither external television nor radio antennas shall be allowed except such antennas as may be approved in writing by the Architectural Contol Committee. 10. No elevated tanks of any kind shall be permitted on any lot for storage of gas, fuel, water, oil or other substances. Any storage tank shall be buried below ground level. I 1. Each dwelling shall provide oflstreet parking for at least two standard sized automobiles. B. VARIANCES. The Architectural Contol Committee may grant variances from the strict application of these protective covenants, subject to the following conditions: l. A detailed written application for variance shall be submitted to the Architecnral Contol Committee supported by plat or drawings and with the processing fee of $25.00 plus any costs or fees the Committee may incur in having the request evaluated or reviewed. 2. Proof acceptable to the Architectural Control Committee of at least ten (10) days advance written notice to all Subdivision property owners within two hundred (200) feet from the exterior boundaries of the site. 3. The variance granted shall conform to all building, zoning and./or other ordinances ofthe County of Garfield where an appropriate variance shall have been approved by the County of Garfield Riverbend PUD Filing 5 Protective Covenonts Page 5 4. An affirmative finding by the Architectual Control Committee that the variance will not create substantial adverse effects on other Subdivision lot owners and is in conformity with the quality and objective standards of the Subdivision. C. ARCHITECTURAL CONTROL COMIVIITTEE NOT LIABLE. The Architectural Control Committee shall not be responsible to any person or entity in any manner whatsoever for any defect in any plans or specifications submitted or as revised by the Architectural Control Committee, nor for any work done pursuant to the requested changes of said plans and specifications. ARTICLE VI ASSESSMENTS D. ASSESSMENTS. Each lot owner shall be obligated to pay any assessments duly imposed by the Association in the percentage set forth in Article III above. To the extent the Association is responsible therefor, assessments may be duly levied for purposes necessary to promote the health, safety and welfare of the lot owners and residents of the Subdivision, including, but not limited to, payment of the expenses for maintaining, improving and snowplowing all roads; maintenance of open space, including revegetation thereof; taxes, utility charges and insurance premiums applicable to the open space and common facilities; and all other costs of the operation of the Association and the performance of its various functions as set forth herein or required by law. Each owner of any lot, by acceptance of a deed therefor, whether or not it is so expressed in the deed shall be deemed to covenant and agree with each other and with the Association to pay to the Association annual assessments for the purposes set forth herein and any special assessments for capital improvements or other matters provided for herein. E. AIINUAL ASSESSMENTS. The total annual assessments against all lots shall be based upon advance estimates of cash requirements for the Association to provide for the payment of all estimated expenses arising from, or connected with, the functions of the Association as set forttr herein and any other expenses or liabilities which may be regularly incurred by the Association for the benefit of the lot owners. F. SPECIAL ASSESSMENTS. In addition to the annual assessments authorized by this Article, the Association may levy a special assessment, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacemen! or for any other expense, including a capital expense, incurred or to be incurred as provided in these Protective Covenants or the Articles Riverbend PUD Filing 5 Protective Covenants Page 6 or Bylaws of the Association. Any such special assessment shall be paid in the same prorated manner as annual assessments. G. ADOPTION OF BUDGET. Within thirty (30) days after the adoption of the annual budget, the Board of the Association shall mail a summary of the budget to all lot owners and shall set a date for a meeting of the lot owners to consider ratification of the budget not less than fourteen (14), nor more than sixty (60), days after mailing of the sunmary. Unless at the meeting seventy- five percent (75%) of all lot owners reject the budget, the budget shall be ratified. In the event the proposed budget is rejected, the budget last ratified by the lot owners shall be continued trntil a subsequent budget is proposed and ratified H. NOTICE OF ASSESSMENTS. The Association shall give written notice to each lot owner, sent to that owner's address as it appears on the records of the Association, as to the amount of any annual assessment with respect to his lot on or before twenty (20) days prior to the date upon which that assessment shall be due and payable. Failure of the Association to give timely notice of any assessment as provided herein shall not affect the liability of the lot owner for such assessment, but the date when payment shall become due in such case shall be defened to a date twenty (20) days after such notice shall have been given. Except as otherwise determined by the Board, notice of special assessments shall be in accordance with the procedures set forth herein for annual assessments or in accordance with such other procedures as may be determined by the Board of Directors. Atl assessments shall bear interest at the rate of t'welve percent (12%) per annum from due date until paid. I. ENFORCEMENT Of' ASSESSMENTS. Any delinquent assessment may be enforced or collected in any one or combination of manners set forth in these Protective Covenants. The pursuit of any course of action as a means of collecting or enforcing an assessment shall not be deemed to waive the right of the Association to pursue any other method, either at the same time or subsequently. No owner may exempt himself from liability for his contribution toward any assessment by waiver of the use or enjoyment of any benefit of lot ownership of Association membership or by abandonment of his lot. The Associatiorl and it alone, shall be charged with the responsibility of collecting and enforcing any delinquent assessment and, regardless of the means it employs to do so, the lot owner or other person charged with responsibility for any assessment shall pay the attorney's fees and costs incurred by the Association in collecting and enforcing the assessment. J. PERSONAL OBLIGATION OF LOT OWIIER AI\[D PURCHASER. All surns assessed by the Associatiorl together with interest, attorney's fees and costs, shall constitute a lien on the lot assessed, which lien shall be superior and prior to all other liens and encumbrances, excepting only: Riverbend PUD Filing 5 Protective Covenants Page 7 l. liens and encumbrances recorded before the recordation of this Declaration; 2. a security interest on the lot which has priority over all other security interests on the lot and which was recorded before the date on which the assessment sought to be enforced became delinquent; provided, however, the lien created by this paragraph shall be prior to such security interest to the extent of the assessments based on the budget of the Association which would have become due, in the absence of any acceleration, dtuing the six (6) months immediately preceding institution by either the Association or any party holding a lien senior to any part of the lien of the Association created under this paragraph of an action or a non-judicial foreclosure either to enforce or to extinguish the lien; 3. liens for real estate taxes and other governmental assessments or charges against the lot; Recording of this Declaration shall constitute record notice and perfection of the lien of the Association. No further recordation of any claim of lien for assessments shall be required. A lien created under this paragraph, however, shall be extinguished unless proceedings to enforce the lien are instituted within six (6) years after the full amount of the assessments become due. Such lien may be enforced by foreclosure of the defaulting owner's lot by the Association in the same manner in which mortgages on real property may be foreclosed in Colorado. The lot owners shall be required to pay the Association any assessments against the lot which become due during the period 'of foreclosure and these assessments shall be automatically included in the amount of the lien. The Association shall have the power to bid on the lot at the foreclosure sale and to acquire and hold" convey, lease, encunber, use or otherwise deal with the lot. K. STATEMENT OF uI{PAID ASSESSMENTS. The Association shall turnish to a lot owner or such lot owner's designee, or to a holder of a security interest or its designee, upon written request delivered personally or by certified mail, first class, postage prepaid, return receipt to the Association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such owner's unit. The statement shall be fumished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board of Directors and every lot owner. If no statement is fumished to ttre lot owner or holder of a secr:rity interest or their designee, delivered personally or by certified mail, first class, postage prepaid, retum receipt requested, to the enquiring party, then the Association shall have no right to assert a lien upon the lot for unpaid assessments which were due as of the date of the request. Riverbend PUD Filing 5 Protective Covenants Page I ARTICLE VII GEI\TERAL RESTRICTIONS ON USE L. ZONING REGLTLATIONS. No lands within the SuMivision shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the applicable zoning regulations of Garfield County, Colorado. M. BUSINESS, COMMERCIAL OR TRADE USES. No lands in the Subdivision shall ever be occupied or used for any commercial, business or trade purpose and nothing shall be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of said lands, with the exception, however, that the use of a portion of the lands for sale of lots by the Declarant shall be permitted. Use of a residence for a business purpose shall be authorized provided such use is non-observable from other lots, does not generate any vehicular traffic or noise and does not alter the premises in any fashion. N. AIYIMALS AND AGRICLJLTLIRE. Residents may keep a dog, cat or other animal which is a bona fide household pet on lands within the Subdivision, so long as such pet is not kept for commercial purposes and does not make objectional noises or otherwise constitute a nuisance or inconvenience to any of the residents of the Subdivision. No cattle, sheep, goats, pigs, poultry or other livestock shali be kept or maintained on any lot. No lands shall be used for agricultural purposes except for normal residential gardening of flowers, fruits and vegetables. Except as expiessly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board. No farm or ranch animals shall be permitted to be boarded within the Subdivision. A lot owner shall be entitled to keep a murimum of one (l) mature dog on his property. A mature dog shall be considered to be any dog older than fotu (4) months. The owner shall at all times exercise control over his or her pet and the same shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in full contol of such dog. Dogs shall be leashed, chained, fenced, "electric fenc€d," kenneled or housed at all times. Metal fencing will be allowed for the purposes of kenneling dogs. Location of kennels shall be subject to review ofthe Board. The Board shall have the right to assess and enforce penalties against owners violating these restrictions applying to dogs as follows: l. One Hundred Dollars ($100.00) for the first violation committed by an owner's dog; 2. One Hgndred Dollars ($100.00), plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. Riverbend PUD Filing 5 Protective Covenants Page 9 Should any dog be caught chasing or molesting deer, elk, poultry or any domestic animals, the Board shall be authorized to prohibit the lot owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other lot owners' domestic animals. Areas where a lot owner keeps any animals shall be kept clean and free of refuse, insects and waste at all times. No commercial animal breeding activities of any kinds shall be permitted within the Subdivision. Nonuithstanding the foregoing, no animal(s) may be kept within a lot or the residence which, in the good faith judgment of the Board, results in any annoyance or is obnoxious to residents in the vicinity or to lot owners within the Subdivision. Except as expressly limited hereur, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board. O. SIGNS. No advertising or signs of any character shall be erected, placed, permitted or maintained on any lot or stnrcture within the Subdivision other than one (l) "For Sale" or "For Rent" sign not to exceed three (3) feet by six (6) feet in size approved by the Board and a name plate and street number of the occupant. P. IINDERGROIIND UTILITY LII\IES. All utility pipes and lines within the limits of the Subdivision must be buried underground and may not be carried on overhead poles nor above the surface of the ground. All such services must be buried underground from the point where said utilities take offfrom transformers and terminal points supplied by the developer. Existing overhead power lines now in place are excepted. a. CONSTRUCTION OF DWELLING HOUSE. All construction and alteration work shall be prosecuted diligently, and each building, structure or improvement which is commenced on any residential lot shall be completed within twelve (12) months from the corlmencement of construction. No persons may live in or use as a dwelling place a partially constructed building. In the event of a breach of this covenant, the Declarant and/or the Association shall have the right to complete construction of any uncompleted building, structure and improvement at the cost and expense of the Owner, which cost and expense shall become a lien against the property the same as a lien for assessments and which may be enforced as a lien for assessments. R. TEMPORARY STRUCTURES. No temporary house, trailer, tent, garage or outbuilding shall be placed or erected upon any part of any lot in the Subdivision; provided, however, that during the actual construction of any improvement on any lot, a necessary temporary building for the storage of materials may be erected and maintained by the person doing the constrUction. Riverbend PUD Filing 5 Protective Covenants Page 10 S. TOWERS AI\[D AIYTENNAS. No towers or radio and television antennas shall be erected or permitted to remain on any residential lot within the SuHivision except that normal radio and television antennas attached to a dwelling house may project up to six (6) feet above the highest point of the roof of the structure. Satellite dishes shall be permitted as approved by the Board. T. EXTERIOR LIGHTING. All exterior lighting and light standards on residential lots shall be approved by the Board for harmonious development and the prevention of lighting nuisance to other residents of the Subdivision. U. WATER SYSTEM. Domestic water shall be provided to each dwelling pursuant to written service contract with the Riverbend Water and Sewer Company; the construction, operation and/or maintenance by the lot owner of wells or other facilities designed to provide domestic water is prohibited. V. SEWER SYSTEM. Sanitary sewage disposal shall be provided to each dwelling pursuantto written service contactwiththe Riverbend Water and Sewer Company; the construction, tperation and/or maintenance of individual septic tanks, leach fields or other facilities designed or used to dispose of sewage waste is prohibited W. WALLS ^AliD FENCES. Walls and fences shall be limited to six (6) feet in height measured from the adjoining ground surface inside the wall or fence. No chain link fences shall be permitted, except for kennels. x. CLEANLINESS AI\[D UNSIGHTLY GROWTH. EaCh IOt ShAII At AII tiMCS bC kept in a clean, sightly and wholesome condition. No ffash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed on *y lot so as to be visible to any neighboring lot or road. Each lot shall be limited to a maximum of irrigated lawn area as shall be specified in an agreement to be entered into between the developer, RB Water and Sewer Company and GarFreld County, Colorado. y. FIREPLACES AI\ID STOYES. No openhearth, solid fuel devices will be allowed anywhere within the Subdivision. All dwelling units will be allowed an unrestricted number of natural gas burning fireplaces or appliances. All dwelling units will be allowed one (l) new woodburning stove as defined Uy C.n.s. 25-7-401, et. seq., and the regulations promulgated thereunder. p.... LOW FLOW PLLIMBING FD(TLIRES. Low water flow toilets, showers, faucets shall be installed and utilized at all times in all dwelling units. Riverbend PUD Filing 5 Protective Covenants Page 11 ARTICLE VIII ROADWAYS All roadways within the Subdivision shall be public; provided, however, the Association shall maintain all such roadways, including snow removal.. ARTICLE IX WATER All domestic and irrigation water for the Subdivision shall be provided by The Riverbend Water and Sewer Company Title to the water rights shall be vested in The Riverbend Water and Sewer Company Membership in the The Riverbend Water and Sewer Company shall be limited to those residents of Riverbend PUD Filing 1, 2 and 5. ARTICLE X SEWER All sanitary sewage teatnent for the Subdivision shall be provided by The Riverbend Water and Sewer Company Title to all facilities incident thereto shall be vested in The Riverbend Water and Sewer Company Membership in the The Riverbend Water and Sewer Company shall be limited to those residents of Riverbend PUD Filing 1,2 and 5. ARTICLE XI EASEMENTS AIYD OPEN SPACE . Easements and rights of way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipes, irrigation ditches (in addition to any irrigation ditches which now exist in place), conduits and apparatus of the transmission of electrical current, telephone, television and radio lines and for the furnishing of water and gas in the street or for the furnishing of other utility purposes, together with the right of entry for the purpose of installing, maintaining and improving said utilities along, across, upon and through those portions of the subdivision identified and set forth in the plat of the Subdivision above referenced. All easements of record and areas designated "Green Belt Area" or "Common Area" on plats of the SuMivision, as finally recorded, are hereby reserved for the common use of the owners of los within the Subdivision for recreational purposes or such purposes as may be determined by the Association. Riverbend PUD Filing 5 Protective Covenants Page 12 ARTICLE XII ENFORCEMENT A. JUDICIAL RELIEF. Any violation of the provisions, conditions or restrictions contained herein shall authorize the Declarant, the Association or any lot owner to apply to any court of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce the same. No delay on the part of the Declarant or any other person in the exercising of any right, power or remedy contained herein shall be construed as a waiver thereof or an acquiescence therein. Various rights and remedies of all persons hereunder shall be cumulative and the Declarant, the Association or any lot owner may use any or all of said rights without in any way affecting the ability of the Declarant, the Association of any lot owner to use or rely upon or enforce any other right. Any lot owner found by a court to have violated these covenants shall be liable to the prosecuting pafiy for all costs, including attorney fees. B. DECLARANT'S RIGHT TO REMEDY VIOLATIONS. If the owner of any lot shall default in the performance of any covenant or condition hereof or shall violate any of the covenants or rules herein contained, the Declarant or the Association may, after thirty (30) days notice to said owner, or without notice if in the opinion of the Declarant or Association an emergency exists, perform such covenant or condition or remedy such violation for the account and at the expense of the said owner. If the Declarant or Association shall incur any expense, including reasonable attorneys' fees in instituting, prosecuting (including an action against an owner for default or violation), or defending any action or proceeding instituted by reason of any default or violation, said expenses shall be included and added to any judgment made or given to the Declarant or Association. ARTICLE XIII SPECIAL DECLARANT RIGHTS AI\D DEVELOPMENT RIGHTS All special declarant rights/development rights set forth in this section are applicable between the Declarant, its successors and assigns, and any subsequent Owner of Lots in Subdivision (hereinafter in this paragraph "property"). Nothing herein shall discharge the Declarant or others exercising special declarant/development rights to obtain any required approvals from the appropriate governmental entities and comply with any and all resolutions, ordinances, statutes and law relating to the exercise of such development rights. If these special declarant/development rights are exercised in any portion of the described property, the Declarant is not precluded from exercising saidt rights in any portion of the remainder of such property at a later date. No statement is made as to the order in which portions of the property are added or subject to the exercise of special declarant/development rights. The Declarant hereby reserves the following development rights and Riverbend PUD Filing 5 Protective Covenants Page 13 other special Declarant rights for exercise within twenty-five (25) years of the date of this Declaration: A. SPECIAL DECLARANT RIGHTS. The following special declarant rights are reserved by Declarant: 1. to complete all subdivision improvements indicated on the plat filed on record with the Office of the Clerk and Recorder,Garfield County, Colorado, as Reception No.-, Book _, Page _, ild the maps, plans and specifications filed with the Garfield County Department of Building and Planning. 2. to exercise all development rights set forth at Article XIII.B. herein. 3. to maintain a sales offrce and/or management offtce upon any unsold lot within the subdivision and to place advertising signs therein. 4. to use easements through the common elements for the purpose of making improvements within the subdivision or within real estate which may be added to the subdivision. 5. to make the Riverbend PUD Filing 5 Homeowners Association subject to a master association 6. to appoint or remove any director or officer of the Riverbend PUD Filing 5 Homeowners Association. The powers reserved to Declarant under this subparagraph 6 are expressly subject to the following: a- Not later than sixty (60) days after conveyance of rwenty-five(25) percent of the units that may be created to unit owners other than Declarant, at least one member and not less than twenty-five(25) percent of the members of the Board must be elected by unit owners other than Declarant. b. Not later than sixty(60) days after conveyance of frfty(50) percent of the units that may be created to unit owners other than Declarant, not less than thirty- three(33) and one-there percent of the members of the Board must be elected by unit owners other than Declarant. c. Regardless ofthe period contol provided Declarant under this declaratioru said control shall terminate no later than either sixty(60) days after conveyance of seventy-five(75) percent of the units that may be created to unit owners other than Riverbend PUD Filing 5 Protective Covenants Page 14 Declarant, two years after the last conveyance of a unit by Declarant in the ordinary course of business or two years after any right to add new units was last exercised. 7. to amend or supplement the Declaration and/or plat in connection with the exercise of the development or special declarant rights set forth herein B. DEVELOPMENT RIGHTS The following development rights are reserved by Declarant: l. Declarant shall have the right to divide into to separate interests, Lots 5 through 9, depicted on the plat filed for record with the Office of the Clerk and Recorder, Garfield County, Colorado as Reception No. -, Book -, Page -' 2. Declarant shall have the right, subject to the terms and conditions of the contract between Declarant and Riverbend Water and Sewer Company, filed for record withthe Clerk and Recorder of Garfield County, Colorado as Reception No. -, Book -, Page - to connect without tap fee or other charges, twenty-one(21) residential units to the water and sewage fieatnent systems owned and operated by the Riverbend Water and Sewer Company. In the event excesscapacity remains in the water system and/or the sewer system after said twenty-one(21) units have been connected thereto, Declarant shall have the exclusive right to utilize, without incurring tap fees or other charges, all said remaining excess capacity. 4. Declarant shall have the right to utilize for its own purposes, all water and water rights not consumed or otherwise utilized by the homeowners within the Subdivision or Riverbend PUD Homeowners Association stemming from the following sources: 5. Declarant shall have the right to withdraw property from the Subdivision or from any added property or to convert property presently subdivied for residential use into open space The property subject to this right of withdrawal shall include all lands within the Subdivision. ARTICLE XIV MAXIMUM NUMBER OF RESIDENTIAL I.INTTS The marimum number of residential units that may be developed within the subdivision is twenty one (21). ARTICLE XV GEITERAL PROVISIONS Riverbend PUD Filing 5 Protective Covenants Page 15 A. COYENAI\ITS TO RUN WITH LAI\D. All the restrictions and covenants contained herein shall constitute covenants running with the land as to all of the lands within the Subdivision. It shall continue to be binding upon the owners of said lands and in all persons claiming by, through or under said owner for a period of twenty-one (21) years from the date this document is filed for record with the Clerk and Recorder of Garfield County, Colorado; provided, however, that the owners of seventy-five percent(75%) of the lots in the Subdivision may release all of the lots hereby restricted from any one or all of these restrictions by executing and acknowledging an appropriate instrument in writing for said purpose and filing the same for record with the Clerk and Recorder of Garfield County, Colorado, in the manner then required for the recording of land instruments. B. BEIYEFIT OF ALL. The provisions contained herein are for the benefit of and shall be binding upon the Declarant and the purchasers and subsequent owners of each of said lots. Each purchaser of lots included within this Declaration, by acceptance of a deed to same, shall be subject to each and all of the restrictions, conditions, covenants and agreements contained herein and to the jurisdiction, right and power of the Declarant. By acceptance hereof by each owner, such owner shall for himself, his heirs, personal representatives, successors and assigns, covenant and agree and consent to and with the grantees and subsequent owners of each of said lots, to keep, observe, comply with and perform said restrictions, covenants, conditions and agreements contained herein. C. COfINTY PLAT APPROVAL. Approval of the ptat of the Subdivision recorded as provided in Article II.A above shall in no manner imply that this Declaration of Covenants complies with federal and state regulations regarding subdivision covenants. D. NOTICES. All notices given hereunder to lot owners affecting the Subdivision shall be given by regular United States Mail, postage prepaid, addressed to each owner at the address as it appears on the records of the Association. E. VARIANCES. The Declarant hereby reserves the right to grant a reasonable variance or adjustnent of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason ofthe application ofthe restrictions contained herein. Such variances or adjustnents shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these restrictions. F. SEYERABILITY. In the event any one or more of the provisions, conditions, restrictions or covenants contained herein shall be held by any court of competent jurisdiction to be null and void, all remaining restrictions and covenants herein set forth shall remain in full force and effect. Riverbend PUD Filing 5 Protective Covenants Page 16 Dated this day of STATE OF COLORADO ) couNTY oF GARFTELD ] tt 1995 THE RIYERBEND WATER & SEWER COMPAIIY,INC. By: Diane R. Boat, President The foregoing instrument was subscribed and sworn to before me this day of 1995, by Steven J. Boat, President of The Water & Sewer Company at Riverbend, Inc. Witness my hand and official seal. Notary Public Address: ' My commission expires: Riverbend PUD Filing 5 Protective Covenonts Page 17