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HomeMy WebLinkAboutCovenantsFiled for Record at 2:30 O'Clock P.M. June 22,`1967 Reception No. 127739 Peggy E. Coble Recorder Protective Covenants for Black Birch Estates Whereas, Charles E. Worth and Ann G. Worth (CEW and AGW) are the owners of Black Birch Estates, situate in the SW/4, Section 1, Town- ship 10 South, Range 85 West, 6th P.M., Pitkin County, Colorado, according to the Plat thereof, recorded as Document #127234, Plat Book 3 at page 244, of the Records of Pitkin County, Colorado, and the owners now desire to place certain protective covenants on said Subdivision for the use and benefit of the persons who from time to time shall hold title to or otherwise have an interest in the lots comprising said Subdivision for the purpose of establishing Black Birch Estates as a desirable residential area of permanent nature and the highest quality. Now, therefore, CEW and AGW.hereby declare to and for the benefit of all persons who may hereafter purchase and from time to time hold and own any of said property, that said property is subject to the following protective covenants and conditions, all of which shall be deemed to run with the land and inure to the benefit of and be binding upon the owners at any. time of said lots, their heirs, successors and assigns, to wit: I All building lots in Black Birch Estates shall be used for residen- tial purposes only, which limitation shall exclude -commercial and business uses, multi -family dwellings. No structures or buildings shall be erected, placed, altered, or permitted to remain on any lot other than one single.family dwelling which may -include porches, garages and other permanent improvements, but not a guest house, nor shall any lot be occupied at any time by more than a single family and its guests. No basement, garage, tent, temporary struc- ture or other building erected on any lot shall at any time be used as a residence temporarily or permanently, nor shall any temporary structure be used as a residence or permitted on any lot. No lot or tract may be used as a road access to any property situate beyond the boundaries of the subdivision as platted. II No lot may be subdivided or in any manner made into a lot with boundaries other than as shown on said plat of Black Birch Estates, providing, however, that adjoining property owners may relocate common lot lines by buying or selling property from each other, providing that such sales will not violate any restrictions con- tained herein, any zoning regulations of Pitkin County, and the relocated lot line shall be the line used for set -backs, and the resultant lot shall thereafter be treated for all purposes as a single lot. Contiguous lots under single ownership may be treated as a single lot regarding set -backs and said owner may build across interior platted lot lines. III Any and all buildings including porches, decks, garages and other structures shall be set back at least 25 'ft. from front lot lines; r- 4-1 9 J b o 0 K 2;?"' I PAGE 4 bi.: which are the lot lines fronting on or adjoining onto roadways and cul-de-sacs; 15 ft. from side lot lines and 10 ft. from rear lot lines; excepting from the above, certain set -backs on those lots specified below: Rear set -backs on lots 4, 5 and 6 shall be 75 ft. The set -back from the Northeast side lot line of lot 6 shall be 50 ft. and the front set -back on lot 7 shall be south of the Tagert Ditch. Set -backs on all lots bordering the Roaring Fork and Castle Creek shall be 15 ft. or more from the River Bank including decks and porches. IV No noxious trade or offensive activity shall be carried on upon any lot nor shall any thing be done which may become an annoyance, nuisance or danger to the neighborhood. Without limitation to these, the following items shall be considered noxious, offensive, annoying or dangerous: use of poisonous sprays, motorcycles, offensive odors, loud or annoying sounds, discharge of firearms, bright outdoor lighting, mining or drilling operations. V The following will not be allowed on any lot: outdoor television antennas, exposed garbage or trash cans, incinerators, above ground oil or gas tanks, fences. higher than 6 ft., signs, lumber, scrap, refuse or trash. Trucks, boats and similar equipment shall be housed or well screened. No animals shall be kept on any lot except dogs and small household pets which shall be kept on the owners lot and only as long as the pet or dog does not bother or annoy other lot owners. Animals which are even slightly noisy shall be kept indoors. VI Tracts,A, B, C,to be placed under common ownership, shall be used only as foot paths and utility easements as necessary. VII All power lines, telephone lines and other utilities shall be buried underground, providing, however, that CEW and AGW reserve the right and privilege to erect and maintain power and telephone lines over- head for distribution of these services within said subdivision where necessary. VIII All sewerage systems shall terminate in an approved manner sub- ject to the following limitations: the closest point of the structure of a disposal system shall not'be less than 75 ft. to the bank of the Roaring Fork or Castle Creek or less than 75 ft. to the line between level ground and the steep slopes on lots 1, -2- 800K 4, 52 6. At such time as sewerage is available through a Public Sanitation System, property residents shall connect to such facil- ities within a reasonable time. IX Lot owners constructing fences, landscaping or other structures upon any utility or ditch easement located in or platted on the map of Black Birch Estates shall have the sole liability to re- place or restore any such fence, landscaping or structure as may be destroyed or damaged through construction, maintenance or re- pair of any utility service or ditch. R. The stream bed and banks of the Roaring Fork and Castle Creek shall not be altered, changed or in any way affected by any lot owner, it being in the best interest of the subdivision to preserve the River and banks in its natural state. No trees shall be cut or destroyed except as may be required for construction of the residence. Out- side watering shall be used from ditches where available. ►M The undersigned owners of Black Birch Estates, or someone duly se- lected by said owners shall be and shall serve as the Architectural Control Committee, herein referred to as the ACC, until such a time as 80% of the lots within said subdivision shall have been sold; thereafter the lot owners of record may elect three lot owners to . serve as the ACC. The representatives of the lot owners shall serve as provided in By -Laws as drawn up. No buildings, structures, fences, walls shall be erected, altered or permitted to remain on any lot, nor shall any trees be cut until complete plans, specifications and site plan showing building lo- cations'have been approved in writing'by the ACC. In considering such plans,the ACC shall base its decision upon the design, exterior building materials, building compatibility with existing structures, consideration of topography, natural features and surroundings so as to compliment the area aesthetically with a minimum' impact. Specific guide lines include: the ground floor level of any residence erected on any lot, exclusive of porches, basements, garages and subsidiaries shall not be less than 1,000 sq. ft. Roof design and pitch will be given careful consideration in order to achieve structural soundness, durability and pleasing appearance. A -frame buildings will not be allowed. Buildings on lots 1, 2, 3, 4, 5 and 6 will be limited to no more than 15 ft. in height, measured from average grade to roof peak. Buildings on lots 7 through 18 shall not exceed 24 ft. in height as measured above, and providing that the above height limitations may be waived by the ACC in writing. -3- N�'•is PAGE All exterior construction of any structures and improvements on any lot shall be completed within one year of the date of approval of the plans by the ACC and landscaping thereof shall be completed in an additional six months. In furtherance of the concepts of de- sign and durability of materials, the following exterior materials will not be approved: metal siding or roofs, plastics, imitation stone or wood, asphalt or asbestos siding, asphalt roofing shingles, glass bricks or other composition and imitation materials. Cinder blocks, stucco and white paint may be used but subject to specific approval by the ACC. Roofing should consist of wooden shakes, slate, tile, sod or built-up tar and gravel. Final building tone should be subdued and compatible with the surroundings. If the ACC fails to approve or disapprove plans submitted to it within thirty days, it shall be presumed said plans are approved. In the event that plans are disapproved in writing, the lot owner may re -submit plans in 15 days for reconsideration thereof. All plans will be reviewed by a member of the ACC who is a registered architect. A fee of $50.00 will be charged for such review of plans which the land- owner agrees to pay on demand. The ACC may inspect any structure during construction. XII The invalidation of any of the foregoing restrictions shall not effect the validity of any other restriction, it being the intent of the undersigned that each provision shall be severable. XIII If any property owner within the above described subdivision shall violate.or attempt to violate any restriction contained herein, it shall be lawful for any other property owner in the subdivision to prosecute the violator to prevent violation or to recover damages therefrom. XIV The restrictions, covenants and conditions created and established herein for the benefit of Black Birch Estates and each lot therein shall continue in full force and effect for twenty-one years from the date hereof and shall be extended automatically for continuous ten year periods unless modified or terminated in the following manner: 'prior to the expiration date of said twenty-one year period said restrictions, covenants and conditions may be terminated or modified by the recording of an appropriate written instrument in the office of the Clerk and Recorder of Pitkin County, Colorado, executed by a majority of the record lot owners and CEW and AGW or the successor of CEW and AGW designated in writing. After the initial twenty-one year period, modification or termination may be accomplished in a like manner with written consent of the record owners of 80% of the lots. XV 800 �. 9 AGE A Homeowners Association (HOA) shall be formed as a non-profit corporation to manage the.interests of lot owners in Black Birch Estates. The owners of each lot shall be members of the HOA, en- titled to one vote for each lot owned and shall be required to pay assessments levied by HOA, The HOA may be formed upon demand of 50% of the record lot owners in said subdivision or by CEW and AGW after two years from the date of execution of this instrument. The functions of the HOA shall include but not be limited to: owner- ship of real property, improvements, roads, water mains, wells and related equipment and water rights deeded toit by CEW and AGW; maintenance of roads, snow removal, maintenance and operation of the water system,,payment of taxes and other bills related to its operations, providing insurance as necessary and levying assessments on lot owners for services provided in a uniform manner and without profit. Assessments shall be payable annually and determined on the basis of a yearly budget and small emergency reserve. Upon formation of the HOA, CEW and AGW shall deed thereto: tracts A, B, C, all roads and cul-de-sacs as shown on the plat of Black Birch Estates, all water mains, wells and equipment and one-half cubic feet per second of time of adjudicated water from the Tagert Ditch, If any;;lot owner fails to pay assessments levied by the HOA, then the HOA shall have_a lien against the lot of the said owner for the amount due and unpaid, plus costs and expenses of collecting, plus interest on the balance at 6% per annum by recording notice of fa -lure to pay in the Office of the County Clerk and Recorder of Pitkin County, Colorado. The lien may be foreclosed in the same manger as a deed of trust in the State of Colorado. In addition tol$ther legal remedies for non-payment of assessments, any services prol,rided by the HOA may be discontinued until the assessments shall hav� been paid. Prior to. the formation of the HOA,' CEW and AGW shall provide road maintenance, snow removal; water supply -and water line maintenance for a nominal sum agreed upon by the lot owner and CEW and AGW. �jIn Witpess whereof, the owners have executed this instru- mentl• this > Z µday of 1967 . 3• 1 STATE 01 COLORADO) ,? ) s s . County.6f Pitkin ) T.he f oregoing day of June, Wo]'th �Ann G. Worth instrument was acknowledged before me 1967 by Charles E. Worth and Ann G. r W..-ttness my hand and official seal. Notary Public My commission expires: