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PROTECTIVE COVENANTS & DEED RESTRICTIONS
1 The following words shall have the folLowing meanings as used herein,
to-wit;
(")property: The land conveyed from Patrick 11. Fitzgerald to
located in Section 3 & 9,
Ibp. 7 S., R. 89 W., 6th P.M.,comprising approximatelY acres.
(b)Lot or buildi site: The land that is the subject hereof.
2. The property shall not be resubdivided.
3. The property is intended to be developed for single family residential
p.,rpo""" only. No more than one detached single family dwelling shall be
erected upon any one b,-rilding site, excePt private Sarage. Said accessory
building sha11 blend with and compliment the general architectural scheme
and design of the family dwelling. No building or structure intended for
or adapted to business, commercial or manufacturing PurPoseS' nor any
multipi-e family dwe11ing, sha1l be erected, placed, maintained, or per-
mitred upon such ProPerEY.
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5
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Architectural Control and Site Approval: The nature'
and general layout of any residence to be constructed
to Patrick M. Fitzgerald for his approval' Also, the
of said residence shall be subject to same approval'
No sEructure of
garage, barn, or
on any 1ot.
style, construction
shalI be submitted
site and location
No structures of any sort, on any 1ot, shall be constructed closer than
rwenty five (25) feet to any side fot line or closer than fifty (50) feet
from any front lot IIne. Also, no hedges or fence shall be constructed,
gro\",rr or maintained on any lot in the subdivision higher than 4L feet,
6, t.."" higher than 25 feet in height, but. this restriction shall not
apply to any natural growth within the area or to patio fences in connection
with dwellings.
a temporary character, tral1er, basement, tent, shack,
any other outbuildings of any description shall be used
There shaIl not be permitted or maintained upon any
any trade, business or industry, excePt that owners
residential purposes, when not required for ownerts
The minimum size of any house erected shall not be less than 1200 square
feet measured on the outside walls not including porchest garagest or
carPorts
Each residence sha11 contain at least one fully equipped bathroom and all
sewage shaI1 be disposed of by means of an individual mechanical sewage treat-
ment faclllty and leach field as shall be approved by the Colorado State
Health Department and loca1 health agencies having jurisdlction thereof'
No tract shaIl be used in any manner or for any PurPose that would tend to
pollute nearby streams or other sources of water'
1ot
may
us e.
or any Part thereof,
rent or lease for
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Contt
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Protective Covenants & Deed Restrictions
Page 2
10. The keeplng of livestock, poultry, goats and other animals shall be pro-
hibited, except that this restriction shall not apply to family Pets and
a maximum of two horses per tract of 5 acres, provided that said animals
are well kept and provided for and do not become a health hazard or a
nuisance to the neighborhood.
1I. No noxious or offensive conduct or activity sha1l be carried on upon any
. tract or in any structure thereon which rnay constitute a health hazard,
nuisance or annoyance to the neighborhood.
L2. The outside burning of any trash, rubbish or other materials shaI1 be
absolutely prohibited. Standard and approved barbeques and fireplaces
shall be allowed for the preparation of foodstuffs only'
13.No gas lines, light and power 1ines, felephone lines or television cables
shall be permitted unless said lines are buried underground and out of
sight f.rorn their primary source at the 1ot line to the dwelling and at the
o*r"rts expense. Any buEane or propane tanks used to service residences
shal1 be installed underground.
The owner of any 1ot shall complete construction of any structure thereon
vithin one (1) year af ter colrunencement.
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15. The owner of any lot shal1 keep the same clear and free of
trash and shall keep the structures thereon in good repair,
maintenance as may be required for this purpose'
20.
2L.
rubbish and
doing such
16. No building sha1l be placed upon the property herein by means of other
than new construction; it being the purpose of this covenant to insure
that o1d buildings will not be moved from previous locations and placed
uPon ProPerty.
L7. No structure shall be placed uPon any lot which is, or ever has been, or
could be made the subject of a specific ownership tax as now defined in
Chapter 13 of the Colorado Revised Statutes, f963'
18. No billboards, signs, or other advertising devices of any nature sha1l be
erected, placed, maintained or permitted upon the property provided that
this restriction sha1l not be construed to Prevent apPropriate name and
address signs and signs that adverEise the property for sale or rent
insofar as it is necessary to promote the sale and develoPment of such
proPerty.
19.No hunting, shooting, trapping or otherwise killing or harming
life shall be permitted--it being the intent hereof to conserve
tect all wildlife to the fullest extent possible'
of wild-
and pro-
No structure sha1l be placed or located on any lot in such a manner that
witl obstruct, diverE or otherwise alter the natural water drainage
courses and patterns. Likewise, no landscaping or changes to the existing
terrain shall be madewhictr sha1l obstruct, divert or otherwise alter such
drainage.
The existing foliage and vegetation on each lot shall be preserved in as
near a natural "t.iu as possible. To this end, the same shall not be
removed further than twenty feet from the foundation lines of any structure
and only to the extent necessary to instalJ- driveways, sldewalks and
selrage disPosal facilities.
Cont t
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Protective Covenants & Deed Restrictions
?age 3
22.
23.
24.
25. The invalidation of anY one
shall in no wj-se effect any
fuI1 force and effect.
Easements and rights of way in perpetuity are hereby reserved for the
erection, construction, maintenance and operation of wires, cables, PlPe,
conduits and apparatus for the transmission of electrical current, tele-
phone, televisl-on and radio lines and for the furnishing of water, gasr
"u*.t service, or for the furnishing of other utility PurPoses, together
with the right to enter for the Purpose of installing, maintaining and
improving said utilities aIong, across, upon and through a strip of land
ten feet in width along the entire boundary of the property. In the
event that the property is resubdivided, easements and rights of way as
hereinafter sgated shaIl be reserved along all interior lot lines the same
being ten feet in w-idth on each side of each such l-ot line.
These covenants are to run with the land and shall be binding upon all
parties and all Persons cI-aiming under them until January 1, 1981, at
which time said covenants shal1 be automrtically extended for successive
periods of ten (I0) years, unless by vote refl-ected by signed documents
iuly recorded by the majority of the then owners, it is agreed to change
said covenants in whole or Part.
If any lot owner or persons acting by, through or under him should violate
or attempE to violate any of the covenants herein stated, it shal1 be law-
ful for any lot owner or any other person to whose benefit these covenants
extend to prosecute any suit in 1aw or in equity to restrain and enjoin
the violation of such covenants and to recover daur,ages for such violations
and to recover all costs and attorney fees necessary to enforce the pro-
visions of these covenants.
of these covenants by judgement or court order
of the other provisions, which shall- remain in