HomeMy WebLinkAbout1.46 Declaration of Protective Covenants for Riverbend(,, r;-:;N\'\-^z1f
DECLAMTION OF PROTECTIVE COVENANTS
FOR RIVERBEND
GAR!'rELD COUNTY, COLORADO
ARTICLE ONE
Property SubJect to thisDeclaratlon of protective Covenants
Hamlrton R. Duncan, Jr. ("Declarantt') ls the owner of at1 of that propertywiEhln the subdlvlslon named Rlverbencl ln Garfield county, cororado. The realproPerty which ls, and shalr be conveyed, transformed, ociupied, and sold subJectto the condltions, covenants, resLrlctions, reservatlons ""d ;;;";;;.;";; ;";'forth within the various clauses and covenants of thls declaratlon ls locatedin the county of Garfield, State of colorado, and is to inclucle that porglon ofsald property encompasslng Fl1lngs r through IV more partlcularly described asfollows:
A parcer of land being Phases 1, 2,3, and 4 of Riverbend subdivislonsituated 1n rhe SEk of Sectlon 34 and in the 1ry!1SI,Jk of Sectior,:S, ,Iown_ship 5 south, Range 90 west of the sixth principal Meridian, also in Lot 4of section 5 and in Lots r, 2, and in the sLNnk of sectlon 6, Township 6south, Range 90 trrlesc of the sixEh Principal l,teridian, county of Garf ield,state of colorado, said parcel of land is aescribecl as follows:
Beglnntng at a polnt whence the Southeast corner of sald Section 34 bears:N.72"37'25" 8- 3692.20 feet; thence N.45"45,00" E. 140.00 feet; thenceN.58"10'00" E. _\77.00 feeE; rhence N.64"00,00,, E. 162.00 feer; thence N.4go00'00" E. 117.00 feet; thence N.53'20r00,, E. 93.00 feer; thence N.61045r00,,E' 189'00 feet; thence N.75"37'00" E. 85.oii ru.t; rhence N.84"30,00,,E. 110.00feet; thence s-87'12'00" E. 100.00 feet; rhence N.76.45,00" E.40.00 feet;tlrence N.52"37'00" E. 45.00 feet; thence N.37"48'00" E. 2o5.oo r..a; thenceN.49005'00" E. 195.00 feet; thence N.82.15'00,,E.40.00 feet; rhence N.36"36r00" E. 55.00 feet; thence N.5g"18,00,,E. 185.00 feer; thence N.64040,00,,E' 115'00 feet; thence N.72'45r00" E. os.oo r."a; rhence N.84"05,00', E. 105.00feet; thence N.74'00'00" E. 160.00 r..i; it,u.,." s.68.33'00,, E. g5.oo feet;rhence s.28"30'00" E. 290.00 feet; thence N.33"00,00,,r. io.oo reet; thence146.57 feet along ilre arc of a curve to the left, havlng a radlus of 3g3.r7feeE, the chord of which bears: N.43o57'30,,8. : 45.6g feet; thence N.11"o5roo,,E' 70'00 feet; thencc 255-51 feet along the arc of a curve to the left, havlnga radius of 297.25 feet, the chord of whict hears: N.13o32r30,,w. Zql.l2feet; thence N.38"10'00" w. 273.OO feet; thence 2go.56 feet a10ng the arc ofa curve to the llgh!, havlng a radius of.243.63 feer, the chord of whlch bears:N.04'00'00" I^/. 273.65 feeE; thence N.30"10,00,,E. r00.00 feet; thence N.47"06'00" il. 60.00 feet; thence N.27'00'00,, I{. a:s.oo feet; rhence N.0go20r00,,W. 440.93 feet i thence S.81"28'00,, trJ. 560.g2 f cet; rhence N. 33"50,00,, W.365.00 feet; thence N.53'r0'00', E. 330.00 r"ui; rhence 232.L7 feet alongthe arc of a curve_tg tle 1efE, having a radius of 4L6g.53 feet, the chordof rshlch bears: N.51"34'16" E. 232.14 feet; ah..,.. N.iigo5g ,32,, E. 364.47feet; thence s.46000'00" E. 208.g2 feet; thence s.10"31,00,,E. 95.00 feet;thence s-31"46t43" }I. 340.63 feet; thence 140.09 feet along the arc of acurve to the l"f!r having a radlus of 445.92 feet, the chord of whlch bears:s'66'05r00" E' 139.51 teJt; thence s.75"05r00,,Ii.150.00 feer; rhence 176.93feeE along the arc of a curve Eo--the left, having a r:adius of 217.30 feet, thechord of which bears: N.Bl"35'30" E. rzz-os i..r; rhence N.5B"ld,o0,,E. 17g.00feeti thence N.53"15'00" E. 22o.oo feet; thence 340.93 feet a10ng the arcof a curv. ao al:..right, havrng a racrius of 2L7.61 feet, the chord of whichbears: N.63'32'04" E. 307.12 feet; rhence s.71.35,00,,E. rgo.0o feet; thenee20L'52 feet along the arc of a clrye-ro the righr, having a radius of. L474.oLfeet, the chord of which bears: s.67"40,00,,n. 201.37 feet; thence s.63"45,00" E' 121.83 feet; thence 7g4,lg feet along the arc of a curve to the right,
havlng a radius of 226'618 feet, tlte clrortl of rvhicrr be.rs: s.39o12t30,,E. 1g8.31feet; thence s-14"40'00" E.1g.g2 feet; thence 12r.39 fcet along the arcr:f a curv. ,o :I:..left, having a radius of 191 .24 feet, the chord of whichbears: s'33o45'00" E. 125.05 ieet; rtrence s.52"50,00" E.
-iio.oo feer; Lhence208'77 feet along the arc of a crrrve to Ihe i ef t, havinl; a rarlius of 829.72fcet, the chord oI wrrjcrr be.rs: s.60.02,30,, Ii. 20g.22 feert; thence s.67"r5,00,,[' 137 ' 00 f eet; tttence 1g4 '52 f cet al ong tlrr., ,:rrc of . curve to trre 1ef t, havrnga radius of 377'81 feet, the chord or riiich bears: s.82o00r00,,8.192.3g feet;thencc s'13'00t00" Ij. 80.48 feet; thence s.83"r5,00,,Ii. a.zi-r.ut; thence 23s.7Lfeet along the arc of a curve to..tlre right, Ir;rvirrg a ritclitrs of.457.gI feet, thec'hc'rrd of which bears: N-82"00'00" 1.I. Zij.ti io.,.; rhence N.67"15'00" w. r37.00feet; rltence 228'90 [ct:I along the arc of .1r crrrve to tlre rigtrt, havi.g a radiusof 909 -72 feet, the chord of which bears;: N.60"02,30,, I,/. iVa.n feet; thenceN'52"50'00" tr'I- 210.00 fcet; thence 1g0.68 fcerr. along the arc of a curve to ther:ight, having a raclius of 271.24 feet, tlre c:lrord 6f wtrir:5 Sears: N.33"45r00,,I'/' 177'36 feet; thcnce N.1.4"40'00" t^I.'ra.nz-i,,.,; rherrce 12it.66 feet along thearc of a curve to the 1eft, havlng a raclius of-146.6g feet, the chord of whichbears: N' 39"12'30" I{. 121.85 f eet; the,c. N. (r3o45,,00,, 1.1. iir. ill f eet i rhence96'51 feet alon$ the arc of a curve to the left, having r.a.Ii.rs of 13g4.01 feet,the chord of r'rhich bears: N.65o44'00" w. go.i; feet; thence s.7go45,00,,IJ. 290.00feet; thence s'05"00'00" E. 80.00 feet; thence s.2g.-55,00,, Ir. r9r.50 feet; thences'18"35'00" I'r- 45.00 feet; thence s.04;45,00,, IJ. 25.00 feetl thence s.00045,00,,E' 30'00 feet; thence s-52"50'00" !,t. 58.00 ieer; rhence s.28"45,00,, vI. 65.00feet; thence s'16"05'00" E. 45.00 feet; thernce s.43"09,00', ;. 40.00 feer-; thences'11"24'00" w- 15-00 feet; thence s.3i.0g,00,, IJ. 35.00 feer; thence s.26010,00,,Ii' 52'00 feet; thence S.02"/r5'00" E. r:0.00 fe,et; thence s.09.35,00,,w. 135.00feet; thence s.13"10'00" vi. g5.00 feet; th.,n." s.25or0,00,,i,1. g3.00 feet;thence s'19"30'00" 1I. 64-00 feet; thence s.42"10,00,, I.r. 40.00 feet; thence s.34"10'00" I{. 60.00 feer; thence s.27"07,00,,rrr. :s.oo fcet; rhenee s.55"45,00,, I.I.35.00 feet; thence S.77'10'0n"-i{. 150.00 fcer; thence N./r7"06,00,, l{. 100.00fect; thence s.30"10'00" I4r. 90.00 feet; tlr.nce s.43o1,gr5g,, h:.767.83 feer, moreor lerssi thence S.13o/+0'00" tr,I. 5g5.00 feet; rherrce I,1.g7"57,00,,I./. 190.00 feet;thence I!- 44'04 '00" trI. g0. o0 f eet ; thence s. 33.00 ,00,, Ii. zr s . oo f eet ; thences.57'00t00" li. 60.00 feet; thernce s.05"(J0,58,, n. D4.20 fcet; tl,rence s.38"40,00" IJ' 13-5'00 fcet; thence N.23"35'00" t,t. 1d+),5 fccri rhence s.33"00'00,,tr,;.20'00 feet; thence /r9'08 feet atorrg the arc of a curve to the right, having aritdius of 608'58 feet, the chord of rvhich b.:rrs: s.3I>o1g,37,,[.I . 49.07 feet;thence s'23'35'00" E. L7B.gl fcet; thtnc. S.3g"110,00,, r,J. tz,o.oo feerr; thences'64"26'00" tr{' 140.o0 feet; thence N.21ro:r0'00" r.\r. 1ltt.35 feet; thenee s.63"55,00" rr. 60.00 feet; ttrence s.20.04r00,, E. 174.61 feet; rhe.ce s.64"26'00,, ,.,.868'57 feet; thernce s.71'51'00" trJ. 400.00 f;;;; thence I,1.2g.56'00" I{. 180.00feet; tltence s'72"30'00" 1rI. 370.00 foeL; tlrc,nc:e 133.66 fcer a1c,:ng the arc ofa curve to tlte right, having ;r radirrs of 1044.31 feet, the chord of which bears:s'76"10'00" I'I. 133'57 feet; thence s.79"50'00" I^/. 60.00 feer; rhence 4L6.45feet alonB the arc of a curve to the right, having a raclius of 142.95 feet,the chord of ruhich bc:ar.s: N.16"421 30,, w. zgtr-04 f i,ct; ttre:nce N.12"00,00,, E.I82.00 f eet , r/tore ()r I e.ss to t.he point o f bcg i nrr ing.
The above described parcel of land r:ontains B3.91 a(:rLls, mot:e or 1ess.
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ARTICLE TWO
General Purposes and Definitions
A. The real property described in Article One hereof is subiect to the
conditions, covenants, restrictions, reservations, and easements hereby declared
to ensure the best use and the most appropriate development and improvement of
each building site thereof; to protect the owners of building sites against such
improper use of surrounding building sites as will depreciate the value of their
property; to preserve, so far as practical, the natural beauty of such property;
to prevent the construction of improper or unsuitable improvements; to encourage
and secure the erection of attractive dwellings thereon; and in general to create
and keep the subdivision, insofar as possible, desirable, attractive, beneficial,
and suitable in architectural design, materials and appearance i to guard against
fires and unnecessary interference with the natural beauty of the subdivision and
to provide adequately for the improvement of said property; all for the mutual
benefit and protection of the owners of lots in the subdivision.
B. As used herein the following words and terms shall have the following
meanings:
"Subdivision" shall mean the land described in Article One. Declarant may,
pursuant to the following provisions of this declaration, amend Article One to
include aLL or any part of the adjoining land owned by it at the time of the
amendment.
"Lot" shaIl mean each 1ot reflected on the recorded plat of the subdivision.
"Single Family Residence" shall mean a single family residential building
together with not more than one (1) out building. "Out building" shall mean an
enclosed covered buitding to be used as a garage or for other storage purposes
not directly attached to the main structure which it serves.
"Riverbend Property Owners Association" shall mean that certain property
or^7ners association whi-ch is a non-profit corporation of which any owner of
property within the subdivision shatl become a member immediately and automatically
upon becoming an owner within the subdivision (hereinafter such association may
sometimes be referred to as the "Association").
"Architectural Control Committee" shall mean that certain committee estab-
lished by the Associ-ation to initially review and approve constructi.on plans and
plans for improvement of the lots within the subdivision.
ARTTCLE THREE
Covenants and Conditions
A. Land Use and Building Type.
No building site sha1l be used except for residential purposes, and each
site sha1l be limited to one single family residence or the appropriate number
of living units as determined by the plat. No building shall be erected, altered,
placed or permitted to remain on any site other than for residential or recreation-
aI purposes, for a private garage, barn, and other out buildings incidental to
residential use of the premises. No trailer, motor or mobile home, basement,
tent, shack, garage, or other out building erected on a buifding site covered
by these covenants shall at any time be used for private habitation, temporarily
or permanently, except for a period not to exceed two (2) months, unless approved
in writing by the Association. No lot sha1l be used for any commercial or business
purposes whatsoever. The foregoing covenants sha11 not apply to Declarant or its
agent, real estate sales officer corrv€oience store, and the activiEies conducEed ln
connecti-on with the development, farming, ranching, or the providing of servicesto the development or publlc.
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B.Approval of Construction P1ans.
No building or other structure shall be constructed, erecLed, or maintained
on any Iot, nor shall any addition thereto or change or alteration therein be
made unless it complies with the Garfield County, Colorado zoning ordinances in
existence with respect to the property and until the complete plans and specifi-
cations (including, but not limited to, the floor, elevations, plot, grading'
and landscaping plans); provisions for off-street parking, the specifications
of principal exterior materials, color schemes and the location, character, and
method of utilization of all utilities have been submitted to the Architectural
Control Committee of the Association and approved in writing by the Association.
A Certificate of Approval signed by the president or vice-president of the Associa-
tion shal1 be sufficient to show compliance with this Artic1e. Each building or
other structure shall be constructed, erected, and maintained in strict accordance
with the approved plans and specifications.
In passing upon aI1 such plans and specifications, the Association shall
take into consideration (a) the suitability of the proposed building or other
strueture and the materials of which it is to be erected; (b) the harmony thereof
with the surroundings; and (c) the effect of the building or other structure, as
planned, on the view from adjacent or neighboring lots. The Association shall
use reasonable judgment in passing upon al"1 such plans and specifications, but shall
not be liable to any person for its actions in connection with submitted plans
and specifj-cations unless it be shown that it acted with malice or wrongful intent.
The Association shall act upon the plans and specifications submitted to it
within thirty (30) days after such submittal. If no action is taken by the
Association within such 30-day period, the plans and specifications shall be
deemed approved. 1f within such 30-day period the Association rejects such plans
or requests changes therein and the plans are resubmitted, the Association shall
again have thirty (30) days upon which to act upon such plans and specifications.
C. Minimum Floor Area and Building Heights.
No main residential structure shall be permitted on any building site covered
by these covenants, the habitable floor area of which, exclusive of basements,
porches, and garages, is less than 1,000 square feet. The maximum height of
any building shalt be in compiiance with the Garfield County zoning ordinances.
D.Set Back Requirements
There sha1l be no general rule for the location of improvements with relation
to property lines, but t.he location of such improvements shall receive the advance
approval of the Association in paragraph B above required and all such sites shall
conform to the Jefferson County zoning regulations then i-n effect.
E. Fences.
No fence, waII, or similar type barrier of any kind sha11 be constructed,
erected, or maintained on any lot for any purpose whatsoever except such fences,
wal-Is, or barriers as may be approved by the Association.
F. Signs.
No signs of any kind shall be displayed to the public view on any part of
the property, except one sign of not more than two (2) square feet designating
the owner of any building site, one sign of not more than five (5) square feet
advertising the property for sale or rent, except temporary signs used by Declarant
or its agent, to advertise property or services in Riverbend.
G. Easements
Easements and rights-of-way as described on the recorded pJ-at of Riverbend
have been reserved for po1es, wires, pipes, and conduits for electricityr gdsr
telephones, sewer, drainage water, snow removal and other utility and road pur-
poses together with the right of ingress and egress for further construction,
maintenance and repair thereof as shown on the recorded ptat of the subdivision.
Equestrian and pedestrian trails aLso are designated on the plat of the subdivision.
Road rights-of-way and easements shown on the plat contain utility easements,
and easements for other purposes. No dwelling, improvement, material, equipment,
or refuse shall be placed on any part of said property within the area of easements
reserved so as to interfere with the use thereof as reserved.
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H.Garbage and Refuse Disposal
No part of the property above or below ground shall be used or maintained as a dump-
ing ground for refuse, trash, garbage, debris, or other waste; at all times the property
shall be maint.ained in a sanitary condition. Reasonable precaution sha11 be t.aken against
flre hazards and no outdoor burning of any klnd shall be permltred u.,on the premlses (ex-
cept for cooking). Each property owner sha11 provide suitable recepLacles for the temporary
st.orage and collecElon of refuse and all such recepLacles shal.l be screened from publlc
view and protected from dj-sturbance. These restrictions also apply to contracrors doing
construction. No motor vehicle of any type shall be permitted to remain on Ehe property
in a non-operating condition for more than thirty (30) days in any calendar year. Any suchvehicle which does not display current and valid license plates and safeEy inspection stickeras required by state 1aw shall be deemed to be in a "non-operating condltlon".
I. Trees.
Living trees, Ehe trunk of which is four (4) inches or more in diameter, naturallyexisting upon a lot, except to the extent necessary for construction purposes, shall not
be cut, trimmed, or removed from the properties except as may be approved by the Assoclation
Livestock and PoulEry.
No animals, livestock, or poultry of any kind shall be raised, bred, or kept on anyportlon of the proPerty for any commercial purpose. Household pecs kept for recreatlonal
purPoses musE be kept wlthin the dwelling or a kennel or cage unless accompanied by and
under the control of the owner. The Association shal1 have the power to lmpound any house-hold peE allowed to run free and uncontrolled wirhin the subdivlsion. A first offense
shal1 be punlshable by a fine of $25. A second offense shall be punishable by a fine of
$100. In the case of a third offense by the same resi<ient, the Association shall require
the removal from the subdivision of all domestic pets or^/ned by the resident.
K. Landscaping.
Irrigated lavrn sizes for all classlfications of loEs shall be limited to 2500 squarefeet. The balance of the lot should be seeded in native grasses not requirlng irrigationsuch as Crested Wheat. Indigenous trees, bushes, and shrubs can be planted and watered.
Gardens not exceeding 500 square feet may also be watered.
L. Contlnuity of Construction.
J.
A11 structures commenced in this subdivision
pletion and shall be completed wirhin twelve (12)
unless approved in writing by the Associatlon.
shall be prosecuted dillgenEly to com-
months of issuance of bullding permi.t
M.Nuisance and Fire Arms.
No noxi-ous or offensj-ve activity shall be carried on within the subdivision nor shallanything be done or permitted which w111 consEitute a public nulsance thereln; nor shallany fire arms be discharged wlthin the subdivlsion. Fire arms as rrsed hereln shall beconstrued to mean not only rifles and pistols and cannons, but fireworks, explosives, ai"rrifles, BB guns, or similar devices.
N. Parking.
Parking shall be accommodated on site with no parking allowed on public st.reets. Eachsite shall provi-de at least a one-car garage, or equlvalent covered parking area, and the
minimum of two additional parking unlts should be accommodated in the driveway design.
O. Outside Antenna
Neither external television nor radio antennas sha11 be allowed, except such antennasas might be erected by the Declarant for use by the community.
P.Interference with Ranch Operation.
Because of the physical danger, as well as a potential dol1ar loss, it ls essentlal
Ehat residents do not interfere with ranching activities or trespass on ranch properEy.Non-interference with ranching activities w111 be strictly enforced. Any representativeof the Board of the Assocj-ation or the ranch operator sha1l have the right to contact theGarfield County Sheriffrs Department regarding trespassing on prlvate land. Any residentcausing damage to crops, lj-vestock, ranch buildlngs or equipment sha1l be assessed a pen-alty by the Board of the Association sufficient to cover the dollar value of said damage.
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a.Non-App1 icability .
The foregoing covenants shal1 noE apply to Declarant or lts agents, employees, realestate sales offices and activities conducted in connection with the development, the con-struction of subdlvision facilities, and the providing of services to the development.
The foregoing Covenents shall not apply t.o the Convenience Store site according to theRiverbend Plat, which site is set aslde for commercial purposes. No business shall beconducted on such 1ot that results in noxious odors, nolse or loud muslc, or in boisterousand unseemly behavlor.
ARTICLE FOUR
Riverbend Property Owners Association
A. Membershlp.
For the PurPose of maj-ntaining roads, traffic control, general plantlng wlthln road-lIay areas, and all common servlces of every klnd and nature required or deslred withln thesubdivislon for the general use and benefit of all lot owners, each and every 1or owner,in accepting a deed or contracL for any 1ot in the subdivislon, agrees to and sha1l be a mem-ber of and be subject to the obllgations and duly enacted by-laws and rules of the Rlver-bend Property owners Association, a non-profit corporation.
B. Assessments.
Payment of dues and assessments to the Association sha11 be in such amounts and atsuch times as may be determined by the Assocj-ation Board of Directors.
C.Llen for Assessments.
rf any lot or^mer shall fail or refuse to make any such payment of dues and assessmentwhen due, the amount thereof shall constitute a lien on the 1ot as set forth in the deedof conveyance to the orrmer, and upon the recording of notice thereof by the Assoclation inthe offlce of the Recorder of Deeds of the County in which the property is situated, suchlien shall be constituted upon such owner's interest prior to all other 1lens and encumbrances,recorded or unrecorded, excePt only (a) taxes, speclal assessments and speclal taxes there-tofore or thereafter levled by any political sub<llvision or munlcipal corporation of thisstate and other state or federal taxes which by law are a lien on the interest of' suchlot oumer prior to pre-existing recorded encumbrances thereon, and (b) al1 sums unpaid on afirst mortgage or first deed of trust of record, including ali unpaid obllgatory sums asmay be provlded by such encumbrance.
The Associatj-on shall send a notlce, postage prepaid, to any such encumbrancer whoseencumbrance was recorded prior to the time of recording the notice of li-en provided for inthis section, at the address shown in the recorded encumbrance; provided that if such en-cumbrancer has furnished the Associ-ation with another address, then such other address shallbe used, and said Association shall not foreclose 1ts sald lien untl1 aE least thlrty (30)days after the date of depositing such notice in the United States malls, postage prepaid,to the address of such encuobrancer.
Any encumbrancer holding
spect to such lot, and, J-f so
to the unpaid balance secured
and lien righEs as the unpaid
a lien on a 1ot may pay any
provided in an encumbrance,
by hls lien, and such added
balance to which added.
conmon expenaes payable with re-
may add the amount of such paynent
amount shall have the same prlorlty
The lien provided for in this section shall be in favor of the Assoclation and shallbe for the benefit of all other 1ot owners, and may be foreclosed by an action brought inthe name of the Assoclatlon in a like manner as a mortgagee of subdlvided real propert.y.rn any such foreclosure the owner shall be required to pay the costs and expenses of suchproceedings, the costs and expenses for fi1lng the notice or claim of lien, and all reason-able attorney fees. The owners sha1l also be required to pay the Assoclatlon all assesamentsfor the 1ot during the period of foreclosure, and the Assotiition sha1l be entltled to aReceiver to collect the same. The Association actlng on behalf of the lot owners, sha1lhave the power to bid 1n the i-nterest so foreclosed at foreclosure sale and to acquire andhold, 1ease, mortgage and convey the same; and to subrogate so much of its rlghts to suchlien as rnay be necessary or expedlent to an insurance company whlch will continue to givetotal coverage in spite of nonpayment of such defaultlng o*"L.'s portion of the premlum.
The Assoclatlon and lts officers and dlrecEors shall not be llable or account.ablei-n damages for any acti-on taken pursuant to the provisions of this Declaratlon.
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D. Certificate of Assessments -
Upon payment of a reasonable fee not to exceed T\uenty-Five dollars and uponthe written request of any owner, mortgagee, prospective grantee or prospectivemortgagee, of a lot, the Association -- by its financial officer -- shall issuea written certificate setting forth the amount of unpaid common expenses, if any,with respect to the subject lot; the amount of the current assessment and thedate upon which such assessment becomes due; and credit for advanced payments orfor prepaid items (including, but not rimited to, insurance premiums). suchcertj'ficate shall be conclusive upon the Association in favor of al1 persons whorely thereon in good faith. unless such request for a certifi-cate of Assessmentsbe compired within ten (10) days of the receipt of the request, then (a) in thecase of a request by a mortgagee or prospective mortgagee, all unpaid commonexpenses which become due prior to the date of making such request shall besubordinate to the tien of said mortgagee or prospective mortjagee, or (b) inthe case of a request by a prospective grantee, he shall not be liable for, norshal] the lot conveyed be subiect to a lien for, dny unpaid assessments or conrmonexpenses which became due prior to the date of making such request. No failureto comply with such request, if made by the owner, shall relieve him from personalliability for, or the subject lot from the lien for, dny unpaid assessments orconmon expenses. The provisions contained in this paragraph shall not apply uponthe initial_ transfer of the 1ot by Declarant.
ARTICLE FIVE
Violation, Enforcement, Term, and
Severa.bility of Covenants
A. A Violation of Covenants.
Whenever there shall have been built on any lot, a structure which is inviolation of these covenants or restrictions herein contained, such persons asare authorized by the Board of the Association shall have the right to enter uponthe property as to which such violation exists, and to summarily abate and removeat the expense of the owners thereofr dtry erection, thing, or condition that mayexist thereon contrary to the intent and meaning of the provisions thereof; andthe Association, its agents ancl assigns shal-l not thereby be deemed guilty of anymanner of trespass for such entry, abatement, or removal. The costs and expensesof such entry, abatement, and removal shall become a.l-ien upon the lot upon therecording by the Association of a sworn statement with respect thereto in theGarfield County real property records. rn addition, if any person shall violateor threaten to violate any provisions of this instrument, it sha]L be lawful forany person or persons owning the real property in the subdivision or for theAssociation to institute proceedings at 1aw or in equity to enforce the provisionsof this instrument, to restrain the person violating or threatening to viol-atethem, and to recover damages, actual and punitive, together with reasonableattorney's fees, for such violations.
B. Term of Covenants.
The covenants and restrictions and other provisions of this document shalIrun with and bind the Iand, and sha1l inure to the benefit of and be enforceableby the Association, or the owner of any land subject to this document, their re-spective regal representatives, heirs, successors, and assigns until June 1 , LggT ,after which time the same sharl be automatically extended for successive periodsof ten (10) years.
C. Amendrnent.
This Declaration may be amended at any time by recording an instrument signedby the then owners of two-thirds (2/3) of the sites agreeing to amend said covenantsand restrictions in whol-e or in part; provided, however, that for a period of five(5) years from the date hereof, no such amendment shall be effective without thewritten approval" by Declarant appearing on said instrument of amendment. Declarantmay amend Article one to incl-ude additional land wj-thin the property coveredby these covenants so long as such land adjoins land then covered by these covenants,and is owned by Declarant at the time of the amendment. (For the purposes of thisparagraph, land separated only by roads shall be deemed to "adjoj-n"). The Amendment
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to include such land sha11 be effected by Declarant having recorded a declarationdescribing the land to be included, setting forth such additional limj-tations,restrictions, covenants and conditions as are applicable to such land; anddeclaring the land is to be held, so1d, conveyecl, encumbered, leased, occupiedand improved subject to the covenants.
D. County Regulations.
To the extent that the applicable county or other governmental regulations,ruLes, or codes and ordinances or laws are more restrictive in their altowableland utilization than these covenants, they shall supercede these covenants andgovern at aI1 times.
E. Severability.
Tnval-idation of any of these covenants ororders shall in no way affect any of the otherin full force and effect.
part thereof by judgments or courtprovisi-ons hereof which shall remain
ARTTCLE STX
General Conditions
The following general conditions and stipulations are hereby imposed uponall- sites:
A' The Riverbend Property o/rnerrs Association shall have the right toenforce any and atl- Iimitations, restrictions, covenants, conditions, obligations,liens and charges now or hereafter imposed by the Riverbend covenants upon allproperty owners within Riverbend.
B' The Board of Directors may, from time to time, promulgate rules andregulations relating to the properties, which rures and regurations shall- bebinding upon the owners and occupants of a1r sites within the properties.
e' A11 renters of units within the property shall be governed by and subjectto the provisions of these covenants. The payment of assessments shall conti-nueto be the responsibility of the owner of record. The number of occupants in anyunit may be limited by rules and regulations promulgated by the Board of Directors.
D' Any act or omj-ssion which violates these Riverbend covenants is herebydeclared to be and to constitute a nuisance and may be enjoined and abated. whetheror not relief sought is for negative or affirmative action by the Associationor through the Association by any owner or owners.
E' Failure to enforce any provision of the covenants shall not constitutea waiver of the right to enforce.
F' Any notice required to be sent to any owner under the provisions ofthis Declaration shall be deemed to have been properry sent when mailed postpaid,to the last known address of the person who appears as member or owner on therecords of the Association at the time of such mailing.
Executed this day of 10??
Hamilton
Attest
R. Duncan, Jr.
By
STATE OF COLORADO
City and County of Denver
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) ss.
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day
The
The foregoing instrument wasof
Riverbend Subdivision -
acknowledged before me this
, 1976, by Hamilton R. Duncan,
My commission expires:
-8-Notary Public
Jr. , Grrner of