Recorded at 8:30AM July 28, 1972
Reception no. 152586 Carroll Hier book 233 page 645
DECLARATION OF PROTECTIVE COVENANTS
For McArthur Ranch Filing No. 3
A Subdivision of a portion of Sections 20 and 21, Township 6 South, Range 67 West, in Douglas County, Colorado.
WHEREAS, Francam Enterprises, Inc. is the owner of the above-described real property, it is its desire to maintain said real property as a first class residential area, and does hereby for itself, its successors, grantees or assigns, impose and establish conditions and protective covenants with respect to the above real property as follows:
(1) No tract shall be used for any purpose other than Residential or Agricultural purposes. No building shall be erected, altered, placed or permitted to remain on any lot, other than one detached single family dwelling with necessary garage and one shelter or stable not to exceed 600 square feet in size. A guest house may be permitted with the express approval of the architectural committee. All buildings shall be built out of first class materials. Necessary buildings, corrals, water facilities and other structures, for the purpose of keeping permissible livestock, shall be permitted. No building or structure shall be constructed which will obliterate the view of any other existing dwelling, or exceed two stories in height.
(2) All fencing for road frontage shall be decorative in nature, and shall be approved by the architectural committee prior to building of the fence. No barbed wire or electrical fence shall be maintained around the perimeter of any lot, and no fencing shall be higher than 4 feet 6 inches above the ground level.
(3) No structure of a temporary nature, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used as a family dwelling; except that a furnished apartment in barn or garage building, or a guest house, may be permitted for hired help or nonpaying guests of the owners, provided there is a dwelling on said tract. In no event shall said additional dwelling be rented or used for any purpose other than bona fide guests or hired help of said owner.
(4) The principal dwelling shall have a minimum fully enclosed ground area devoted to living purposes, exclusive of porches, terraces and garage, of 1400 square feet; except that where the said principal dwelling is a 1 ˝ or 2 story dwelling, the minimum may be reduced to 1200 square feet of ground floor area, providing that the total living area of the 1 ˝ or 2 floors is not less than 1600 square feet. No credit for floor space will be allowed for any finished area or basement having a finished floor more than 3 feet below finished grade level.
(5) No more than one residence is permitted per lot or tract as designated on recorded plot, except aforementioned guest house.
(6) No building shall be permitted to be built on any lot nearer than a minimum of 35 feet from all lot lines.
(7) Easements and rights of way are hereby reserved for bridle paths and for poles, wires, pipes and conduits for lighting, heating, electricity, gas, telephone and any other utility service purpose, all of which shall be confined to a strip of land 10 feet in width along all of the side and rear tract lines of each building site. Within these easements, no structure, planting or other materials shall be placed, planted, or permitted to remain which shall interfere with the flow of water through the drainage channels in the easements or cause any interference therewith. Any easements designated for use as bridle paths in conjunction with utilities shall not permit the construction of any fence, wall, plantings or structure of any type which will interfere with, in any way maintaining a clear right of way in said easement, and maintenance of all bridle paths shall be the responsibility of the adjoining property owners.
(8) No noxious of offensive trade or activity shall be conducted upon any portion of the property, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the owner of any other portion of the property. Hunting of any kind, or the discharge of firearms on any part of the property is forbidden.
(9) No temporary structure or portion of any building, basement, garage, or dwelling shall be occupied as living quarters until the exterior of the building has been fully completed, and any building commenced must be fully completed within one year from the start of construction. No temporary structures of any character, trailer, mobile home, basement, shack, tent, garage or barn shall be used on any lot at any time as a residence.
(10) An architectural committee composed of the five Board of Directors of McArthur Ranch Metropolitan Recreational District, or appointed by the chairman of the Board of said District, shall have the right to approve or refuse to approve all plans for new construction or improvements to existing structures. Prior to starting new construction, plans shall be submitted to the architectural committee for approval or disapproval, and for suggestions to be made by the architectural committee. The committee shall take into consideration suitability of the proposed construction, the type of materials of which it is to be built, and the harmony of the proposed construction with the surroundings of the area. It is the intent and purpose that all new construction shall be complimentary to the natural surroundings and protect the seclusion of each home from others, keeping in mind the desires of the lot owner for view or other natural problems which may exist on any specific lot. If the architectural committee fails to disapprove the plans submitted within 14 days after submission, then the plans shall be deemed approved. If any portion of the plans submitted are disapproved by a majority of the architectural committee members, then the plans shall be changed and resubmitted, prior to construction. If plans are disapproved by the architectural committee, their reasons for disapproval shall be provided to the property owner in writing. The architectural committee shall have the authority and may, when circumstances such as topography, property lines, vegetation, geological conditions or for any other suitable reasons dictate, allow reasonable variances of any of these covenants or requirements, providing a majority of the members of said committee vote in favor of said variance. Any variance granted shall be in writing and signed by a majority of said committee.
(11) Each tract is included in McArthur Ranch Metropolitan Recreational District, and is subject to assessments by the Board of Directors of said District. Each lot owner shall pay any assessment made by said Board of Directors of the McArthur Ranch Metropolitan Recreational District, for use, maintenance, and construction of recreational facilities in the recreational areas provided by said District, within 30 days after said assessment has been made. A lot owner is defined as being any person who has a right to possession of said lot, either through contract, deed, lease, or any other legal agreement giving him the right of possession. Each lot owner agrees to comply with all the rules and regulations governing the use and maintenance of the recreational facilities propounded by the Board of Directors of McArthur Ranch Metropolitan Recreational District, including the payment of the assessments previously mentioned. Said assessment shall not exceed the sum of $10.00 per month, or $120.00 per year, without a vote of all the property owners in McArthur Ranch Metropolitan Recreational District. Each lot owner shall be entitled to one vote for each lot that he owns in any such election in regard to assessments. Should any assessment not be paid within 30 days after it is billed by the Recreational District Board of Directors, then said assessment shall bear interest at the rate of 6% per annum, and if not paid within 12 months from the date of the assessment, the assessment may be collected in an action at law, and use of the recreational facilities by such lot owner or owners may be prohibited, until such time as the assessments are brought up to date. Further, all costs, including Court costs and attorneys’ fees to collect such assessment, shall be made a part of any judgment rendered to collect the assessment and shall be paid by the lot owner.
(12) No sign of any type shall be displayed to the public view on any lot, except signs used to advertise the property for sale, and such sign shall not exceed 6 square feet in area, and signs placed by the builder or developer offering the property for sale shall be permitted until the area has been completely sold out.
(13) Although this land is zoned rural residential, certain types of animals shall not be permitted, such as goats and swine. Dogs, cats and other household pets and two grazing animals [amended to 4, see below] may be kept on each lot so long as they are confined, and do not totally destroy the natural grass, and are not kept for commercial purposes.
(14) No portion of the property shall be used or maintained as dumping ground for rubbish, trash, garbage, junk cars, machinery, and other waste. Trash, garbage, and other waste shall be kept in sanitary containers. All incinerators and equipment for storage and disposal of such material shall be concealed from view and kept in a clean and sanitary condition.
(15) Tri-County Health Department and State Water Pollution Control have the right of approval for the type of sewer disposal system to be used on each individual tract. Each individual tract must be specifically engineered as to the type of system which will be necessary for each tract, as some tracts are not suitable for normal septic tanks.
(16) These covenants are to run with the land, shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument, signed by the majority of the then owners of the lots, has been recorded, agreeing to change said covenants in whole or in part.
(17) All utilities, including telephone and public service utilities shall be underground, and any lot which is not in a designated underground area, by the Public Service Company of the State of Colorado, shall bury any underground service laterals necessary to serve the property. No overhead service laterals will be permitted on any lot.
(18) Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any of these covenants. Judgement shall be either to restrain the violation through injunctions or to recover damages, or both.
(19) Invalidation of any one of these covenants by judgment or Court order shall in no wise [way] affect any of the other provisions which shall remain in full force and effect.
Francam Enterprises, INC.
By ____________________________
RENE W. CHOUZENOUX, President
Attest:
____________________________
WILLIAM E. MYRICK, Secretary
AMENDEMENT--------------------------------------------------------------------------------------
Recorded at 9:00AM April 12, 1973
Reception no. 159767 Carroll Hier book 244 page 926
AMENDED
DECLARATION OF PROTECTIVE COVENANTS
For McArthur Ranch Filing No. 3
The previous instruction on the Covenants allowing for two (2) hoofed animals on any lot is hereby amended and enlarged to four (4) hoofed animals on any lot in the Third Filing.
This Amendment to the Covenants is made and entered into this 30th day of March, 1973, by all of the owners of property in McArthur Ranch Filing No. 3 as shown by their signatures thereon.
Francam Enterprises, INC.
By ____________________________
RENE W. CHOUZENOUX, President
Attest:
____________________________
WILLIAM E. MYRICK, Secretary
________________
Klaas Gunnick
________________
Roland R. Henkel
________________
Jody C Henkel
________________
Donald H. Lareau, Jr.
________________
Marten Ann Lareau
Record & return to:
Atlas Realty & Investment Co.
6501 S. Santa Fe Dr.
Littleton, Colorado 80120