SUBDIVISION COVENANTS
Antelope Valley
 Protective Covenants

 
NOW THEREFORE,  in consideration of the acceptance thereof by the several purchasers and grantees (his, her, their or its heirs, executors, administrators, personal representatives, successors and assigns, and all persons or concerns claiming by , through or under such grantees ) of deeds to lots in said tract of land, said LIVINGSTON PROPERTIES, INC. hereby declares to and agrees with each and every person who shall be or who shall become owner of any of said lots hat said lots, in addition to the ordinances of the County of Custer, Colorado shall be and are hereby bound by the covenancts set forthe in these presents and that the property described in these restrictions shall be held and enjoyed subject to and with the benefit and advantage of the following restrictions, limitations, conditions and agreements, to wit:
1.     LOT SIZE:  No lot in Antelope Valley shall be less than one acre in size.  For purposes of this convenant recordements and access roads may be included as part of said lots.
2.     DWELLING SIZE:  The groudn floor area of the main structure, exclusive of open porches, garages and basements, shall be ot less than 600 sq ft. for a one story dwelling, nor less than            500 sq ft. for a dwelling of more than one story.
3.     BUILDING LOCATION:  No building shall be erected nearer than thirty (30) feet to any boundary along a street or so that nay part of said building is closer than fifty (50) feet to any of the          other boundary lines of said premises.  In case of single ownership of more than one the tract, this restriction shall apply to the parcel as a whole. For the purposes of this covenant,                    eaves, steps and open porches shall be considered as part of building.
4.     EXCEPTIONS TO SETBACK RESTRICTIONS:   Terraces, walls, fences, low platforms or steps, swimming pools and similar low, unroofed and unscreened construction may be erected            outside the setback lines, provided that such construction shall not interfere with the exposure of view of reasonable privacey of adjoining or fac ing properties and shall be in compliance            with the prevailing zoning regulations.  No structure, wall, fence, or hedge over five (5) feet in height shall be constructed, erected, placed, planted, set out, maintained or permitted upon            any tract within twenty-five (25) feet of any boundary line thereof which extends along any street or othr public way, except that this restriction shall not apply to any portion of said                      dwelling house, the location of which shall be governed by the provisions of Restriction 3 above.
5.     TEMPORARY RESIDENCES:   No structure of temporary character,  trailer, basement, tent or acessory building shall be used on any tract as a residence, temporarily or permanently,              provided however, for such use and location during the contruction phase of the permanent dwelling, and for short periods for vacation camping and vacation use.
6.     TIME OF CONSTRUCTION:  Once constuction shall have been initiated on any structure, including walls, fences, residences, ancillary buildings or any other structure, construction of                that particular structure, wall, fence, residence, andcillary building or other structure shall be completed within one(1) year of the time such construction was initiated, except unusual                  circumstances may extend said time.
7.     EASEMENTS:  Easements for installation and maintenance of utilities, drainage facilities, roadways, bridle paths, hiking trails, and such other purposes incedent to developement of the            property are reserved as shown on the recorded plat.   Such easements will be kept open and readily accessible for service and maintenance of utility and drainage facilities.
8.     NUISANCES:  Nothing shall be done or permitted on any tract which may be or become an annoyance or nuisance to the neighborhood.  No noxious or offensive activiteis or commercial          business or trade shall be carried on upon any tract, except that home occupation of professional persons shall be permitted.
9.     REFUSE AND RUBBISH:  Rubbish, garbage or other waste shall be kept and disposed of in a sanitary manner.  Containers or other equipment for the storage or disposal of garbage,              trash, rubbish or other refuse shall be kept in a clean, sanitary condition.  All garbage or trash containers, oil tanks and bottle gas tanks must be underground or place din a walled-in                   areas to so that they shall not be visible from adjointing properties or from public streets.  No trash, litter/jumkl shall be permitted to remain exposed upon the premises and visible from               public roads or adjoining nearby premises.
10.    CLEARING OF TREES:  There shall be no removal of trees from an lot except that which must be removed in connection with construction on the property, landscaping or that which is             consistent with good conservation practices.
11.     ENFORCEMENT:  Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to             recover damages. The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so                     thereafter as to the same breach or as to a breach occurring prior to or subsequent thereto and shall not bear or afffect its enforcement.  The invalidation by any court of any restriction               herein contained shall not in any way affect any other restrictions but they shall remain in full force and effect.
12.    EXTERIORS:  All exterior finishes that are of a unique design ad vary from surrounding homes in the general area shall be approved by an architectural control committee made up of               property owners residing within Antelope Valley.  Said committee to be made up at a future date.  Until such committee is made up, final approval will be made by Livingston Properties,             Inc.
13.    SEWAGE:  All permanent residences in Antelope Valley must be provided with sewage treatment and disinfection facilities as approved by the Colorado Department of Public Health.
14.    WATER:   All Streams, lakes, and ponds within Antelope Valley will have fifty (50) foot easmenets around their shores from which propertry owners and their guests may fish and enjoy               other recreational attributes of said water.  This covenant will apply to all platted lots within said subdivision.
15.     HUNTING:  Absolutely no hunting of any type will be allowed within the boundaries of Antelope Valley whether on private lands or in areas set aside for Common Usage.


DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  


 
Blumenau Homeowners' Association Declaration of Protective Covenants 
 
DECLARATION OF PROTECTIVE COVENANTS (DPC) FOR BLUMENAU SUBDIVISION, FILINGS 1 & 2 ORIGINALLY FILED  IN CUSTER COUNTY ON NOVEMBER 6, 1973, IN BOOK 168 ON PAGE 160; AND ARE HEREBY AMENDED AS OF JULY 25, 2015 AS FOLLOWS: 
 
 THIS DECLARATION is made the 25th day of July 2015, by the Blumenau Homeowners' Association (BHA), a Colorado Non-Profit Corporation, having its principal address at P.O. Box 368, in the Town of Westcliffe, County of Custer, State of Colorado. 
 
 WITNESSETH:  Whereas, the BHA represents the real property owners within Blumenau Subdivision, Filings 1 and 2, as depicted on plat maps numbers 108524 and 109522 on file in the County Assessor's Office, Custer County, State of Colorado. 
 
 WHEREAS, the State of Colorado Water Court Decree W-4062 (aka the Water Augmentation Plan) dated July 2, 1979, directed the organization of the BHA and its compliance with the requirements and findings of the Decree including these covenants and all restrictions thereto. 
 
1. HOMEOWNERS' ASSOCIATION:  The Blumenau Homeowners' Association (Association), a  Colorado non-profit corporation, or its successor in interest, shall regulate, administer and  enforce this Declaration of Protective Covenants.  Its duties shall include, without limitation,  maintenance of signs and property, administration and enforcement of the Water  Augmentation Plan, and the general administration and control of the Subdivision.  Each and  every lot owner, in accepting a deed or contract for any lot in the Subdivision, agrees to and  shall be a member of the Association and be subject to the duties and obligations created by the  duly enacted Bylaws and Articles of Incorporation of the Association.  By purchasing a lot in the  Subdivision, the owner  agrees to be subject to such assessments as may from time to time be  levied on such owner by the Association.  Nonpayment of such assessments may result in a  recorded lien to be placed against such owner's lot(s).  The Association shall operate as a non profit corporation.  All books, records, Articles of Incorporation, Bylaws and Resolutions of the  Association shall be available for inspection by any prospective purchaser of a lot or any  owner  of a lot at any reasonable time.   
 
2. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION: 
 
 A.  MEMBERSHIP:  Every person or organization who is a record owner of title to any lot which is        subject by this Declaration to assessment by the BHA, shall be a Member of the BHA. 
 
  B.  VOTING RIGHTS:  Members, in "good standing" (see Bylaws), of the BHA shall be entitled to vote in         person or by proxy:  one (1) vote for each lot for which title is held or portion thereof. 
 
 
 
 
3.  ASSESSMENTS:  The Association shall have the power and authority to impose assessments  against its members from time to time.  Such assessments and payment thereof shall be made   in accordance with the Articles of Incorporation and Bylaws of the Association.  The Association  may impose assessments for the maintenance of signs, for the administration of the Water  Augmentation Plan, for legal fees, for the construction and maintenance of any property, real or  personal, owned, controlled or managed by the Association and for any other purpose  authorized by the Association.  Payment of such assessments may be secured by a lien upon all  property in the Subdivision owned by the member liable for such assessment.  The Association  may bring an action under Colorado law to foreclose the lien on such property.       
 
4. ARCHITECTURAL CONTROL :  No structure, including walls and fences, shall be erected,  converted, placed, added to, or altered, on any lot until the plans and specifications of the  nature, kind, shape, height, materials and locations, have been submitted to and approved in  writing by the Board of Directors of the BHA.  If action to approve or disapprove plans as  submitted is not taken with thirty (30) days, approval is automatic.  For Your Information:  The  BHA approval letter will be required by Custer County Zoning before a building permit will be  issued. 
 
5. BUILDING SIZE, TYPE AND USE:  All lots designated on the Plats for Blumenau Subdivision,  Filings 1 and 2 are designated for and restricted to residential use, either for vacation or year  round dwellings.  Such structures shall be one single family dwelling of not less than six hundred  (600) square feet on the ground level, (exclusive of garages, carports, open porches, patios,  decks or court areas).  All structures must be securely attached to a slab on grade or other type  of permanent foundation.   Not more than one main dwelling shall be erected or placed on any  one lot.  Accessory buildings or structures, usual to a residence, may be erected or placed  thereon, included is a private stable, shed or animal shelter.  These structures require no  minimum dimensions, however, use of any structure for commercial purposes is prohibited.   Installation of mobile homes, trailers, or other non-permanent homes for the main dwelling is  prohibited.  Prefabricated or modular homes (aka factory built homes), if approved by the  Architectural Committee, must have the wheels removed and be installed on a permanent  foundation.  The height limit for all structures is twenty-five (25) feet. 
 
6. BUILDING LOCATION:  No building shall be erected nearer than fifty (50) feet to a street  boundary, or closer than fifty (50) feet to any other lot boundary.  In cases of a single ownership  of one or more adjacent lots, this restriction applies to tracts as a whole.  For the purpose of the  covenant, eaves and open porches or decks shall be considered part of the building's  extreme dimensions. 
 
7. TIME FOR CONSTRUCTION:  Once construction is started, the exterior of the building must be  enclosed within eighteen (18) months. 
 
 
 
 
Page 2, DPC dated July 25, 2015 

 8. TEMPORARY RESIDENCES:  No basement, shed, tent, trailer or trailer house, or structure of a  temporary nature may be used as permanent living quarters.  Temporary residency shall be  permitted on site during the allowable construction period of eighteen (18) months as identified  in paragraph 7.  Portable chemical toilets approved by the county zoning ordinances may be  used on site during the eighteen (18) months construction period also.  This covenant does not  preclude vacation camping in tents, trailers, or campers for a period not to exceed thirty (30)  continuous days. 
 
9. FENCING:  Fencing which is constructed on lot lines contiguous to road right of ways as shown  on the recorded plat of Blumenau Subdivision, Filings 1 and 2 must be placed no further  outward from the center of any lot than the interior easement line which is indicted by notes on  said plats.  Fences may be constructed on interior lot lines in contradiction of paragraph 10 of  these covenants except that in such cases the lot owner shall be liable for expenses of damage,  repair, and replacement of such fencing as may be incurred by the installation of any utility  systems.  Any utility entity, either public or private, shall have the right to breach any fencing or   other obstructions located on a utility easement for purpose of construction and servicing  without incurring any liability for damage thereto. 
 
10. EASEMENTS:  Easements for installation and maintenance of utilities, roadways, bridle paths,  hiking trails and such other purposes incident to development of the property as reserved and  shown by notes on the recorded plats of Blumenau Subdivision, Filings 1 and 2, will be kept  open and readily accessible for use, service and maintenance. 
 
11. OBSTRUCTIONS TO VISION AT INTERSECTIONS:  No fence, wall, hedge, tree, or shrub planting  which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways  shall be placed or permitted to remain on any corner tract within the triangular area formed by  the street property lines and a line connecting them at points twenty-five (25) feet from the  intersection of the street lines, or in the case of a rounded property corner from the intersection  of the street property line extended.  The same sight line limitation shall apply on any tract  within ten (10) feet from the intersection of a street property line with the edge of a driveway or  access road on any tract. 
 
12. NUISANCES:  Nothing shall be done or permitted on any tract which may be or become an  annoyance or nuisance to the neighborhood.  No noxious or offensive activities shall be carried  on upon any tract.  These types of events are those which would be in violation of local and state laws and ordinances and which would be enforced by local authorities. 

DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  
 
STATE OF COLORADO: Filed for Mary Kattnig, Recorder  COUNTY OR CUSTER: Record Jan 23, 1986 at 10:50 o’clock AM Reception No. 142199 Book 199 Page 377-380 
 
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CENTENNIAL RANCH AND ASPEN MOUNTAIN RANCH 
 
 
This Declaration of Covenants, Conditions and Restrictions (Declaration) is made this 1st day of December, 1985, by BEA KAY REAL ESTATE CORP., a Wisconsin corporation and THOUSAND PEAKS TIMBER AND RANCHING CO., a Colorado corporation (Declarant), being the legal owner of all of the following described premises, situated within the Counties of Custer and Huerfano, Colorado, to wit; 
 
 See Exhibit A attached hereto and incorporated herein by this reference. 
 
The Declarant has subdivided or intends to subdivide all of the Property and to sell parcels therein (Parcels) subject to certain protective restrictions, conditions, limitations, reservations and covenants (Protective Restrictions) in order to insure the most beneficial development of the property. 
 
NOW, THEREFORE, the Declarant hereby declares that Protective Restrictions are imposed on the Property as follows: 
 
1.  BINDING EFFECT: The Declarant intends that from and after the date of recordation of this Declaration, all of the Property shall be subject to the provisions of this Declaration and the provisions of the Declaration shall run with, bind and burden the Property.  All conveyances of Property or any Parcel thereof, shall be subject to this Declaration from and after the date of recordation, all provisions thereof shall be binding upon each owner of any Parcel of the Property, his heirs, executors, administrators, successors and assigns, and by accepting deeds to any Parcel of the Property, the owners thereof for themselves and their heirs, executors, administrators, successors and assigns, agree that they shall be personally bound by all provisions of this Declaration. 
 
2.  ZONING RESTRICTIONS: All Parcels of the Property shall be governed by the rules and regulations imposed by the appropriate County Planning and Zoning Department.  Any and all improvements and structures placed on any parcel and development of any Parcel must adhere to such zoning requirements.  
 
3.  NUISANCES: No noxious or offensive activity shall be carried on upon any Parcel nor shall anything be done thereon which may be or may become an annoyance or detriment to other Parcels. 
 
4.  LIVESTOCK AND POULTRY: If any animals, livestock or poultry of any kind are raised, bred or kept on any Parcel, said Parcel must be fenced so that no animals, livestock or poultry will encroach onto any other Parcel within the Property.  The Declarant or its assigns reserves the right to 
graze cattle on Parcels within the Property, unless the owner thereof installs fencing around such Parcel. 
 
5.  GARBAGE AND REFUSE DISPOSAL:  No Parcel shall be used or maintained as a dumping ground for rubbish, trash, garbage and other waste shall not be kept, except in sanitary containers.  Approved incinerators or other equipment for the storage or disposal of such material shall be kept in a clean, dry and sanitary condition.  No outside rubbish burners shall be allowed.  Individual owners must haul garbage off their Parcel within a reasonable time or use a privately owned garbage pickup service which is available in the area of the property. 
 
6.  JUNK: No Parcel shall be used or maintained as a junkyard or for storing or merchandising of material classified as junk. 
 
7.  RE-SUBDIVIDING: None of the Parcels shall be re-subdivided into smaller lots or parcels nor conveyed or encumbered in less than the full original dimensions of such Parcels as shown by the recorded Plat referenced above unless and until the purchase price of said Parcel has been paid in full to the Declarant or its successors or assigns, and then only in compliance with the rules and regulations of the appropriate County and the State of Colorado. 
 
8. ACCESS: Under no circumstance shall any owner of any Parcel build or cause to be built a fence eliminating access to the easements for utilities and roadways. 
 
9.  SEWAGE DISPOSAL:   Pending availability of sewers, sewage disposal shall be effected by means of individual septic tanks.  All septic tanks and disposal fields must be approved by the appropriate County Department of Health. 
 
10.  DRAINAGE: Under no circumstances shall any owner of any Parcel, be permitted to deliberately alter the topographic conditions of said owner=s Parcel in any way that would permit additional quantities of water from any source. Other than what nature originally intended, to flow from said owner=s Parcel onto any adjoining Parcel or public right-of-way.  EXCEPTION: The subdivision may find it necessary from time to time to alter the natural drainage of the roads so that the road system would not be damaged by excessive water. 
 
11.  TITLE SUBJECT TO RESTRICTIONS: Nothing contained in this Declaration shall impair or defeat the lien of any Agreement, Mortgage or Deed of Trust made in good faith and for value, but title to any Parcel obtained through sale in satisfaction of any Agreement, Mortgage or Deed of Trust shall thereafter be held subject to all provisions of this Declaration. 
 
12.  MEMBERSHIP IN CENTENNIAL RANCH AND ASPEN MOUNTAIN RANCH ASSOCIATION: 
 
Section 1.  An Owner of a Parcel shall automatically become a member of the CENTENNIAL RANCH and ASPEN MOUNTAIN RANCH ASSOCIATION (Association) and shall remain a member of the Association until such time as his ownership ceases for any 
reason, at which time his membership in said Association shall automatically cease.  Ownership of a Parcel shall be the sole qualification and criteria for membership. 
 
Section 2.  The Association shall have one class of voting membership, as follows:   Members shall be all Owners and shall be entitled to one vote per unit owned.  When more than one person holds an interest in any unit, all such persons shall become members.  The vote for such unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any unit.  
 
13.  CREATION OF THE MAINTENANCE ASSESSMENTS: The Declarant, for each Parcel owned within the Properties, hereby covenants, and each Owner of any Parcel by acquiring an ownership interest therein, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges of a maximum of $100.00 commencing Jan 1, 1986, as established by the Board of Directors.  Such assessment to be established and collected as provided herein.  In the event a Parcel has not been sold by Declarant on or before January 1, 1986, the assessment as to the Parcel shall not commence until its first conveyance by Declarant. 
 
The annual and special assessments, together with interest, costs of collection and reasonable attorneys’ fees, shall be a charge on the land and shall be a continuing lien upon the Parcel against which each such assessment is made.  Each such assessment, together with interest, cost of collection and reasonable attorneys’ fees, shall also be the personal obligation of the person who was the Owner of such Parcel at the time when the assessment fell due.  The personal obligation for the delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 
 
14.  PURPOSE OF ASSESSMENTS: The assessments levied by the Association shall be used exclusively to promote the health, safety and general welfare of the residents in the Properties and for maintenance of the roadways within the Subdivision. 
 
15.  EFFECT OF NONPAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION: Any assessment, charge, or fee provided for in this Declaration, not paid within thirty (30) days after the due date shall, at the election of the Association, pay a “late charge” in a sum to be determined by the Association. The Association may bring, without electing a remedy, any and all actions and seek any and all relief against the owner personally obligated to pay the same, and/or to foreclose the lien against the Parcel in a like manner as a mortgage of real property.  No owner may waive or otherwise escape liability for the assessments provided for hereby by non-use of the roadways or abandonment of his Parcel.  In any action taken against the Owner to collect delinquent assessments, the Owner shall be obligated to pay all costs and all attorney fees incurred by the Association. 
 
16.  SUBORDINATION OF THE LIEN TO MORTGAGES: The lien of the assessments, provide for herein shall br subordinate to the lien of any first mortgage or deed of trust.  Sale or transfer of any Parcel shall not affect the assessment lien.  However, the sale or transfer of any Parcel pursuant to mortgage foreclosure, deed of trust sale, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.  No such 
sale or transfer shall relieve such Parcel from liability for any assessments thereafter becoming due or from the lien thereon.   17.  DURATION; AMENDMENT: The Protective Restrictions shall be binding on all Parcels of the Property and the owners thereof for a period of 25 years from the date of the original recording thereof, at which time said Protective Restrictions shall automatically become renewed for an additional period of 25 years.  Provided, however, that these Protective Restrictions may be amended by written agreement of record owners of 75% (Changed to 67% by Senate Bill 05-100 June 2005) of Units at any time, if such amendments are recorded in the appropriate county recorder’s office.   18.  ENFORCEMENT: Each and all of the Protective Restrictions shall be enforceable by injunction or by other causes of action available to any owner of a Parcel, or to the Declarant or its successors and assigns.  Invalidation of any Protective Restriction by judgment or court order shall in no way affect any other Protective Restriction, and all other Protective Restrictions shall remain unmodified, in full force and effect. 
 
19.  ATTORNEYS FEES: In the event that any legal action is brought in order to enforce any of the Protective Restrictions, the party prevailing in such action shall be paid by the non-prevailing party all costs and attorney’s fees incurred in such action. 
 
 
DATED:  this 1st day of December, 1985.   BEA KAY REAL ESTATE CORPORATION A Wisconsin corporation and THOUSAND PEAKS TIMBER AND RANCHING COMPANY A Colorado corporation by Tim O’Reilly Its President 
 
STATE OF COLORADO    )                                               )    ss. County of El Paso                 ) 
 
On this, the 1st day of December, 1985, before me, the undersigned Notary Public, personally appeared T.J. O’Reilly, who acknowledged himself to be the President of BEA KAY REAL ESTATE CORP., a Wisconsin corporation, and THOUSAND PEAKS TIMBER AND RANCHING COMPANY, a Colorado corporation, and that he as such Officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the Companies by himself as such Officer. 
 
IN WITNESS WHEREOF, I hereunto set my hand and official seal. 
 
                                                                             Cindy A. Sanders 

                                                                              Received Jan 8, 4:38 p.m. 1986, 
 
Department of State, State of Colorado.  Filed Jan 8, 1986, State of Colorado, Department of State.  
 
Recordings: Original Custer County  Book 199 Pages 377-380  Reception 142199 01/23/1986 Huerfano County Book 376 Page 583  Reception 302728 02/10/1986 Custer County  Book 199 Pages 744-751  Reception 142463 02/28/1986 Amendment Article 17, added PAMIB Custer County  Book 268 Page 40  Reception 166290 07/22/1994 Huerfano County Book 26M Page 11  Reception 11266 07/26/1994 Amendment Article 17, changed 75% to 67%, other minor changes Custer County  Book 270 Page 249  Reception 166813 09/06/1994 Huerfano County      Reception 347957 02/28/2001 Amendment Article 17, withdrew PAMIB amendment, invalidated subsequent amendment Custer County  Book 497 Page 317  Reception 198585 06/04/2004 Huerfano County      Reception 367765 05/1

DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for thesE AssociationS referenced herein.  
DECLARATION OF PROTECTIVE COVENANTS
FOR CRISTO VISTA NO. 6 SUBDIVISION

 
KNOW ALL MEN BY THESE PRESENTS THAT:
Livingston Properties Inc., a Colorado corporation, Lawrence E. Livingston and Victoria Anne Livingston, is the owner of certain real estate, known as the Cristo Vista No. 6 Subdivision (Subdivision), lying and being in the County of Custer, State of Colorado; to wit:
A subdivision including parts of Sections 8, 9, and 17, Township 22 South, Range 71 West of the 6th Principle Meridian, specifically described on a the plats of the Cristo Vista No. 6 recorded in the records of Custer County, Colorado on September 28, 1979, under Reception Number 122180; the vacation plat of Cristo Vista No. 6 recorded in the records of Custer County, Colorado on September 17, 1980, under Reception Number 124962; the plat of Cristo Vista No. 6A recorded in the records of Custer County, Colorado on September 17, 1980, under Reception Number 124963; and the plat of Cristo Vista No. 6B recorded in the records of Custer County, Colorado, on August 14, 1981, under Reception Number 127993.
Livingston Properties, Inc., Lawrence E. Livingston and Victoria Anne Livingston hereby make, declare and establish the following covenants, conditions, reservations, limitations and restrictions upon which and subject to which all lots, portions of lots and all other real estate in the Subdivision as described above, shall be improved, conveyed or sold by it as owner thereof. Each and every one of these covenants, conditions, reservations, limitations and restrictions is and all are for the benefit of each owner of land in such Subdivision, or any interest therein, and shall inure to and pass with each and every parcel of such Subdivision, and shall bind the respective successors in interest of each lot or parcel in the Subdivision. These covenants, conditions, reservations and restrictions are and each thereof is imposed upon such lots, for the mutual benefit and protection of all owners of such lots, and are to be construed as restrictive covenants running with the title to such lots and with each and every parcel of the Subdivision.
  1. Homeowners' Association. The Cristo Vista No. 6 Subdivision Homeowners Association (Association), a Colorado non-profit corporation, or its successor in interest, shall regulate, administer and enforce this Declaration of Protective Covenants. Its duties shall include, without limitation, maintenance of roads and signs, administration and enforcement of the Water Plan for Augmentation, and general administration and control of the Subdivision. Each and every lot owner, in accepting a deed or contract for any lot in the Subdivision, agrees to and shall be a member of the Association and be subject to the duties and obligations created by the duly enacted Bylaws and Articles of Incorporation of the Association. By purchasing a lot, the owner of any lot in the Subdivision agrees to be subject to such assessments as may from time to time be levied on such owner by the Association. Nonpayment of such assessments may result in a recorded lien to be placed against such owners' lot. The Association shall operate as a non-profit corporation. All books, records, Articles of Incorporation, By-Laws and Resolutions of the Association shall be available for inspection by any prospective purchaser of a lot or any owner ofo a lot at any reasonable time.
  2. Duration. All of the covenants, condition, reservations, limitations and restrictions shall continue and remain in full force and effect at all times as against the owner of any lot in the Subdivision, regardless of how he acquired title, until the commencement of the calendar year 2004, on which date these covenants, conditions, reservations, limitations and restrictions shall terminate and end, and thereafter be of no further legal or equitable effect on such premises or any owner thereof; provided, however, that these covenants, conditions, reservations, limitations and restrictions shall be automatically extended for a period of ten years, and thereafter in successive ten-year periods, unless one or before the end of one of such extension periods or the base period the owners of a majority of the lots in the Subdivision shall by written instrument duly recorded declare a termination of the same. Although these covenants, conditions, reservations, limitations and restrictions may expire as herein provided, any and all remedies for violations of these covenants, conditions, reservations, limitations or restrictions committed or suffered prior to such expiration shall be absolute.
  3. Assessments. The Association shall have the power and authority to impose assessments against its members from time to time. Such assessments and payment thereof shall be made in accordance with the Articles of Incorporation and Byl ws of the Association. The Association may impose assessments for the construction and maintenance f streets and roads in the Subdivision or providing access to the Subdivision for administration of the ater Plan for Augmentation, for construction and maintenance of any property, real or personal, owne , controlled or managed by the Association and for any other purpose authorized by the Association. Pa ment of such assessments shall be secured by a lien upon all property in the Subdivision owned by the ember liable for such assessment. The Association may bring an action under Colorado law to foreclose he lien on such property.
  4. Architectural Control. No structure, incl ding walls and fences, shall be erected, converted, placed, added to or altered on any lot in the Subdiv sion until the construction plans and specifications and a plan showing the location of the structure has Peen approved in writing by the Architectural Control Board, formed by the Association, as to quality of wo(kmanship and materials, harmony of external design with existing structures, topography near the area a d finished grade elevation. If action to approve or disapprove plans as submitted is not taken withi thirty (30) days, such plans shall be considered approved.
  5. Building Use and Type. All lots not de ignated on the plat of the Subdivision as being for business, commercial, fire well or fire station sites use shall be restricted to residential use either as vacation homes or year round dwellings. Such struc res shall be only single family dwellings and shall be for residential use only. Auxiliary buildings and stru ures usual to a residence may be erected or placed thereon. Not more than one dwelling shall be erected on any lot except that one guest house which shall consist of not less than 600 square feet on the grouid floor level may be erected in addition to the main dwelling. Private stable, shed or animal shelter with 00 minimum dimensions shall be permitted provided such are not used for any commercial purposes. Il building and other structures are subject to the approval required in Paragraph 4 above.
  6. Dwelling Size. No dwelling shall be ere ed or placed on any lot unless such dwelling has a ground floor area of not less than 600 square feet e clusive of garages, carports, open porches, patios or court areas.
  7. Temporary Residences. No basement, shed, tent, trailer or trailer house, or structure of a temporary nature may be used as temporary or ermanent living quarters. This covenant does not preclude vacation camping in tents, trailers or cam ers for a period not to exceed thirty (30) continuous days.
  8. Building Location. No building shall be erected nearer than fifty (50) feet to any street, or twenty-five (25) feet to any boundary line of any lot. In case of single ownership of more than one tract, this restriction shall apply to the parcel as a whole. For the purpose of this covenant, eaves, steps and open porches shall be considered as part of the building.
  9. Construction. Once construction of any type of structure on a lot is started it must be completed within 12 months. Prior to commencement and occupancy, all necessary government permits shall be obtained and all governmental requirements shall be met.
  10. Fencing. Fencing which is constructed on lot lines contiguous to road right of way as shown on the recorded plat of the Subdivision must be placed no further outward from the center of any lot than the interior easement line which is indicated by notes on said plat. Fences may be constructed on interior lot lines, except that in such case the lot owner shall be liable for expenses of damage, repair and replacement of such fencing as may be incurred by the installation of any utility systems. Any utility entity, either public or private shall have the right to breach any fencing or other obstructions located on a utility easement for purposes of construction and servicing without incurring any liability for damage thereto.
Il. Easements. Easements for installation and maintenance of utilities, roadways, bridle paths, hiking trails, access and such other purposes incident to development of the Subdivision shall be reserved as shown by notes on the recorded plat of the Subdivision, and will be kept open and readily accessible for use, service and maintenance.
12.Obstructions to Vision at Intersections. No fence, wall, hedge, tree or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the inward line of the street easements, and a line connecting them at points twenty-five (25) feet from the intersection of the inward line of the street easements, or in the case of a rounded property corner from the intersection of the inward line of the street easements extended until they intersect. The same sight-line limitation shall apply on any portion of a lot within ten (10) feet from the intersection of a street easement line with the edge of a driveway or access road on any lot.
13.Nuisance. Nothing shall be done or permitted on any lot which may be or become an annoyance or nuisance to the neighborhood. No noxious or offensive activities shall be carried on upon any lot.
14.Garbage and Refuse Disposal. No part of any lot above or below ground shall be used or maintained as a dumping ground for rubbish, trash, garbage, debris or other waste. At all times the property shall be maintained in a sanitary condition. Reasonable precautions shall be taken against creating fire hazards and no outdoor burning of any kind shall be permitted in the Subdivision (except for cooking) unless in an approved incinerator with ash control, or specifically approved by the Association.
15.Clothes Drying Area. Outdoor clothes drying will be permitted only in the rear yard and in the case of corner lots must be not closer than sixty (60) feet from the nearest easement line for any street.
16.Signs. All signs displayed in the Subdivision must first be approved by the Association. This covenant does not prohibit the display of builders or realty-type signs, or small professional signs, not to exceed one (I) square foot in area per side. The Association reserves the right, however, to require modification or removal of such signs if they are deemed not to be in keeping with the area and Subdivision décor.
17.Water and Sewage. All water wells and sewage disposal systems placed upon any lot must comply with the requirements of Custer County and the State of Colorado Health Department. NO sewage tank or field system shall be nearer than fifty (50) feet from any lot line, except with the consent of the appropriate health official, and no sewage, waste water, trash, garbage or debris shall be emptied, discharged or permitted to drain into any body of water in or adjacent to the Subdivision. No outside toilets or privies shall be permitted on any lot. All toilet facilities must be part of the residence or garage and shall be of a flush type and connected to a proper sewage disposal system.
18.Animals. No animals, livestock or poultry of any kind shall be housed, raised or kept on any lot either temporarily or permanently, except that commonly accepted domestic pets may be kept provided they are not kept or maintained for any commercial purposes and except that one horse for each two acres of land owned may be kept for recreational purposes. No stables, corrals, or any structure for the housing or feeding of horses shall be located or placed closer than twenty-five (25) feet to any adjoining lot line nor closer than one hundred (100) feet to any road or street. All stables, corrals, or any structures for the housing or feeding or horses shall be approved as to location and design by the Association and shall be maintained in a sanitary condition. Horses, pets or any other animals authorized under this Declaration shall be treated humanely and shall be contained on the lot of their owners.
19.Chimneys and Fireplaces. All chimneys and fireplaces shall have a protective wire inside the chimney near the top to prevent any burning particles from escaping said chimney.
20.Preservation of Natural Timber. Live trees shall not be removed or damaged, except as required for on-site construction of buildings, streets, roads and driveways, conservation and control of soil erosion and clearing of easements, Live trees may be removed to enhance the view only upon approval of the Association.
21.Hunting and use of Firearms. No hunting of any kind or discharge of firearms shall be permitted in the Subdivision,
22.Fireworks. The use of or discharge of fireworks of any kind in the Subdivision shall not be permitted.
23.Driveways. Culverts in conformance with the regulation of the Custer County Department of Roads, but in no event less than fifteen (15) inches in diameter, must be installed at road entrance driveways in all instances in which proper drainage would otherwise be obstructed.
24.Drainage. Nothing shall be done on any lot which will significantly obstruct or prevent the natural and/or proper flow of drainage.
25.Storage. Materials shall not be stored on any lot unless they are enclosed in a structure, except that building materials intended for use in the erection of a building or auxiliary structure on such lot may be kept in the open during the construction period, but not to exceed 12 months. No motor vehicle of any type shall be permitted to remain on the property in a non-operating condition for more than 30 days in any calendar year. Any vehicle which does not display current and valid license plates, and any type inspection sticker required by state law, shall be deemed to be in a "non-operating condition."
26.Re-subdividing. Further division of lots as shown on the recorded plat of the Subdivision shall not be permitted. It is the intent of the Association to maintain a minimum lot size of approximately five (5) acres. In the event a lot owner in the Subdivision requests permission to re-subdivide his lot, and can show sufficient justification, the Association may grant such re-subdivision. Should such permission be granted, the re-subdivision must comply with all laws and ordinances of Custer County and the State of Colorado involving zoning, subdivision, water rights, and health and sanitation standards. In no event will the Association permit re-subdivision in any instance where the esthetic values, natural amenities and pollution and contamination control would be disregarded.
27.Amendment of Declaration.
(a)Except as provided in (c) below, Livingston Properties, Inc., Lawrence E, Livingston and Victoria Anne Livingston, their successors or assigns, expressly reserves the right:
(1)From time to time to amend or revoke this Declaration or any restrictive covenants then in existence, but no such amendment or revocation shall apply to lots that are sold prior thereto without the written consent of a majority of the then owners of any such lots.
(2)To enter into agreements with the grantee of any lot or lots (without the consent of the grantee of other tracts or adjoining or adjacent property) to deviate from those covenant conditions, reservations, limitations and restrictions set forth herein, and any such deviation which shall be manifested by agreement in writing shall not constitute a waiver of any such covenant, condition, reservation, limitation or restriction as to the remaining lots in the Subdivision.
(b)The Association may amend or revoke this Declaration or any restrictive covenants then in existence, provided the consent of 75% of the membership of the Association is obtained.
(c)This Declaration shall not be amended or changed in any manner with respect to water use, water supply or administration of the Water Plan for Augmentation without approval of the Water Court having authority over the Plan for Augmentation.
28.Enforcement. Enforcement shall be by proceedings at law or in equity by the Association against any person or persons violating or attempting to violate any covenant condition, reservation, limitation or restriction set forth herein, either to restrain violation or to recover damages. In any enforcement action by the Association, all costs incurred in such enforcement action, including reasonable attorney's fees, shall be paid by the person or persons against whom the Association is bringing the action. The Association, its agents or assigns, further reserves the right, whenever there shall have been an obvious violation of one or more of the provisions of these covenant conditions, reservations, limitations or restrictions set forth herein, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner and such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to breach occurring prior to or subsequent thereto and shall not bar or affect its enforcement.
29.Assignment by Livingston Properties, Inc., Lawrence E. Livingston and Victoria Anne Livingston. Livingston Properties, Inc., Lawrence E. Livingston and Victoria Anne Livingston may assign any and all their rights, powers, obligations and privileges under this Declaration to any corporation, association or person.
30.Flood Plain. A flood plain, as shown on the plat of the Subdivision, is hereby created, and any construction of a permanent nature in such flood plain is hereby prohibited. A variance from this covenant may only be granted by Custer County.
31.Water. Each residence may be served by a single unit well or more than one residence may be served by a multiple unit well. Each residence is restricted to the use of water for domestic, in-house use and for occasional livestock watering. Use of water for irrigation purposes is specifically prohibited. Each lot owner shall install a water meter or other measuring device that is satisfactory and acceptable to the Division Engineer for Water Division 2. Water use and water supply in the Subdivision shall be subject to the terms and conditions of the Judgment and Decree issued in Case No. 80CW9 by the District Court, Water Division No. 2, State of Colorado, on May 29, 1981.
32.Waste Water Disposal. All waste water disposal systems within the Subdivision shall be designed by a professional engineer registered in the State of Colorado. Each residence shall be equipped with a non-evaporative sewage disposal system.
33.Structural Foundation. All foundations of a permanent or temporary nature being constructed on an area in the Subdivision that has a slope greater than 30% shall be designed by a professional engineer registered in the State of Colorado.
34.Severability. In validation of any one of the covenant conditions, reservations, limitations or restrictions set forth herein, by judgment or court order shall in no way affect the validity of any of the other provisions which shall remain in full force and effect.
35.Prior Declarations. This Declaration hereby replaces and supercedes any and all prior protective covenants filed for record or established with respect to the real estate included in the Subdivision. All such prior protective covenants are considered void and of no effect.
EXECUTED this 31 st day of January, A.D., 1984.
    [signed]            LIVINGSTON PROPERTIES, INC.
Victoria Ann Livingston Lawrence E. Livingston
[notarized]


DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  
DECLARATION OF PROTECTIVE COVENANTS for
CODY PARK
FREMONT COUNTY, COLORADO

 
CODY PARK LAND & CATTLE COMPANY, the owners of real property situated in the County of Fremont and State of Colorado, known as CODY PARK FILING I and all subsequent Maps of CODY PARK, as shown by the plats and/or maps thereof recorded with the County Clerk and Recorder, Fremont County, Colorado, in order to protect the living environment and preserve the values in said development, hereby declare that the development shall be held, leased, sold and conveyed, subject to the covenants, restrictions and provisions hereinafter set forth, and that each covenant, restriction and provision shall inure to and run with the land and shall apply to and bind the respective successors in interest of the present owners. The property composing the above mentioned development is made specifically subject to the following described covenants.
INTENT: It is the intent of these covenants to protect and enhance the value, desirability and attractiveness of said property, and to prevent the construction of improper or unsuitable improvements. Restrictions are kept to a minimum while keeping in constant focus the right of property owners to enjoy their property in attractive surroundings free of nuisances, undue noise, and danger. Further, it is intended that the natural environment be disturbed as little as possible.
ll. PROPERTY OWNERS ASSOCIATION: CODY PARK Property owners Association will be operated as per the by-laws of the association.
(a)MEMBERS: Every property owner will automatically be a member of the Property Owners Association.
(b)PURPOSE: The purpose of the association is to use its authority, as given in the by-laws:
(1)To enforce these protective covenants
(2)To assess property owners monthly dues, and
(3)To see that assessment funds are used as intended; pay common area costs, extend electricity lines, to own and provide upkeep and improvements to all non-county roads in CODY PARK for the use of all tract owners of CODY PARK FILING I and all subsequent Maps of CODY PARK, and to convey said roads to the County of Fremont upon acceptance of said county.
Should any property owner fail to pay assessments when due, the Property Owners Association may file a lien against the owner for collection purposes.
DWELLINGS: No permanent structure shall be built on CODY PARK that is less then 800 square feet of living space, unless such structure is given prior approval from the Property Owners Association. No structure shall be constructed on CODY PARK for any commercial activity.
SET BACKS: No structure may be erected within fifty feet of the right-of-way line of any road within CODY PARK nor within twenty-five feet of any side or real line of any parcel.
TRASH AND RUBBISH: Rubbish, garbage or other waste shall be kept and disposed of in a sanitary manner, and all containers shall be kept in a clean, sanitary condition.
VI.          EASEMENTS: Utility easements shall extend twenty-five feet on either side of all boundary lines for all parcels at CODY PARK.
Vil. NUISANCES: No owner shall cause or allow the origination of excessive odors or sounds from his tract. No owner shall cause or allow any other nuisances of any kind whatsoever to exist on his parcel. In case of a dispute, at the request of an owner, the Property Owners Association board shall make the final determination of what constitutes a nuisance.
VIN.      ANIMALS: Animals will be allowed on CODY PARK for personal use Of parcel owners. Any animals raised for commercial activity must be approved by the Property Owners Association. Commercial feed lots and swine shall be prohibited from CODY PARK.
IX.         MOTOR VEHICLES: No motorized vehicle which is either nonoperational or non-licensed shall be kept or stored on any parcel, unless said vehicle is kept or stored in a fully enclosed building.
x. TEMPORARY RESIDENCES: No structure of temporary character, recreational vehicle, camper unit, trailer, basement, tent or accessory building shall be used on any tract as a residence. Recreational vehicles, camper units and tents may be used for vacation camping for consecutive periods not to exceed ninety (90) days.
MOBILE HOMES: Mobile homes shall not be permitted on any parcel within CODY PARK except those areas that may be specifically designated for mobile homes. Doublewide mobile homes, in excess of 800 square feet, may be approved by the Property Owners Association if the home has a pitched roof, wood siding, shingles, and placed on a permanent foundation.
XII. LAND USE: Commercial wood harvesting, mining (including the removal of soil, gravel or rock) is prohibited.
Xlll. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
XIV. TERMS OF COVENANTS: These covenants and restrictions are to run with the land and shall remain in full force and effect for ten 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 a majority of the then owners of the tracts has been recorded, changing said covenants in whole or part.
xv. SEVERABILITY: Invalidation of any of these covenants or any part thereof by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect.
XVI.COUNTY REGULATIONS: To the extent that the applicable county or other governmental regulations, rules, codes, ordinances or laws are more restrictive in their allowable land utilization than these covenants, they shall supersede these covenants and govern at all times.
XVII.COUNTER PARTS: This instrument may be executed in a number Of counter parts any one of which may be considered an original,
(signed]
[notarized]

DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  


 
Board of Directors Cuerno Verde Owners Association 

 
 
Contact Information: Cuerno Verde Owners Association P.O. Box 116, Westcliffe, CO 81252  
 
Please refer to the CVOA website for current list of Directors and contact information:    http://www.cuernoverde.org/.  



DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  


 
                                      22/555721 P}                 126
County Clerk Colorado
AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS
FOR REAL PROPERTY IN THE DILLEY RANCH FILING #1 2 3 AND 4 CUSTER COUNTY COLORADO


 
(As Amended May 16th, 2013)
This Amended and Restated Declaration of Protective Covenants for Real Property in the Dilley Ranch Filing #1,2,3 and 4, replaces in their entirety all previously recordeA or adopted Declarations of Protective Covenants for Dilley Ranch Filing    and 4.
In order to protect the living environment and preserve the values in the real property described as Dilley Ranch, filings one, two, three, and four, as further described on the plats filed in the records of Custer County, at Reception Numbers 154846, 157509, 159339 as amended at 159691, and 160904 (said filings originally including a total of 81 lots) but excluding Dilley Ranch filing #5, a vacation and re-plat of lots 14 and 15 Dilley Ranch filing #4 at reception #165341 (hereinafter "the Real Property"). The Real Property described above shall be held, leased, sold and conveyed subject to the covenants, restrictions and provisions hereinafter set forth, and that each covenant, restriction and provision shall inure to and run with the land and shall apply to and bind the respective successors in interests of the present owners, whose signature(s) appear(s) below. Specifically, the Real Property shall be subject to the following covenants:
1. INTENT: It is the intent of these covenants to protect and enhance the value, desirability and attractiveness of the Real Property, and to prevent the construction of improper or unsuitable improvements. Restrictions are kept to a minimum while keeping in constant focus the right of property owners to enjoy their property in attractive surroundings free of nuisances, undue noise, and danger. Further, it is intended that the natural environment be disturbed as little as possible.
11.         PROPERTY OWNER ASSOCIATION: The Dilley Ranch Property Owners Association (the Association) will be operated as per the by-laws of the Association.
  1. Members: Every property owner of a parcel located within the Real Property will automatically be a member of the Association.
  2. Purpose: The purpose of the Association is to use its authority as given by the by-laws:
(1) To enforce these protective covenants;
  1. To assess property owners' yearly dues;
  2. To provide upkeep and improvements to all non-county roads in the Real Property; provided, however, the Association has no obligation to develop any roads that do not exist on the date these Amended and Restated Covenants are adopted. All roads within the Real Property, with the exception of designated County Roads, are the property of the Association;
  3. To represent all property owners in matters of mutual interest; and,
  4. To do all things necessary to maintain an Agricultural status with the Custer County Assessor.

127

Should any property owner fail to pay assessments when due, the Association may collect reasonable attorney's fees, costs, and expenses required to collect such dues, and assessments; collect interest at the statutory rate on any amount in default, accruing from the due date until date of payment; bring an action at law or in equity, or both, against any owner; and proceed to file a lien and pursue a judicial foreclosure of a lien on real property in the manner and form provided by Colorado law.
111. LIMITED EXPENSE PLANNED COMMUNITY: The Association has functioned and has been intended to function as a limited expense planned community as the same is defined at C.R.S. 38-33.3-116. The annual average common expense liability of each residential parcel or unit, exclusive of optional user fees and any insurance premiums paid by the Association, may not exceed four hundred dollars as that amount has been increased by the provisions of C.R.S. 38-33.3-116 (3). The Association is, pursuant to the provisions of C.R.S. 38-33.3-116, subject only to the provisions of C.R.S. 38-33.3-105 to 38-33.3-107 and does not adopt any of the other provisions of the Colorado Common Interest Ownership Act.
 
 

FURTHER SUBDIVISION OR CONSOLIDATION OF PARCELS OR LOTS: No further subdivision of any parcel or lot within the Real Property shall be allowed. Internal boundary line vacation or adjustment of privately owned parcels or lots will be allowed only upon the written approval of the Association Board of Directors, as provided herein. The Association Board of Directors shall be given sixty (60) day written notice of the proposed boundary line vacation or adjustment. Future assessments of Association member fees or dues will be based upon the original number of parcels. By way of example only, if a member wishes to vacate the lot line between two lots or parcels and thus create a single parcel the member will still be assessed Association fees or dues based upon two lots or parcels. Any boundary line vacations or adjustments which are permitted will be named as a lot number and filing number of the Dilley Ranch Subdivision to avoid future confusion. A notice of record or other document suitable to the Association Board of Directors will be recorded along with any boundary line rearrangement or adjustment to inform future owners of the method of future Association fees and dues, such document to be signed by the member/property owner and a designee of the Board of Directors.
 DWELLINGS: No permanent dwelling structure shall be built on the Real Property that is less than 1,000 square feet of living space. No commercial activity which invites public traffic in the course of doing business shall be permitted unless approved by the Association Board of Directors. However, only one additional dwelling structure of 500 square feet or less of living space, which is not used for any commercial purpose and is intended for use only by guests and visitors, built after the permanent dwelling structure is completed and capable of being occupied, shall be permitted.
 SETBACKS: No structure may be erected within fifty feel of the boundary line of any road with the real property or within fifty feet of any side or rear line of any parcel.

128

Vll. TRASH AND RUBBISH: Rubbish, garbage or other waste shall be kept and disposed of in a sanitary manner and all containers shall be kept in a clean and sanitary condition.
Vlll. UTILITY EASEMENTS: A ten (10) foot utility easement is hereby set aside on each side of all side and common rear lot lines and a twenty (20) foot utility easement is hereby set aside on the interior side of all exterior lot lines. All future electric and phone lines shall be extended underground, excepting that the Association Board of Directors may approve overhead lines where the terrain would make the placement of underground lines difficult.
NUISANCES: No owner shall cause or allow the origination of foul or offensive odors or excessive noise from his tract. No owner shall cause or allow any other nuisances of any kind whatsoever to exist on his parcel. In case of a dispute, at the request of an owner, the Association Board pf Directors shall make the final determination of what constitutes a nuisance.
 
 

x. ANIMALS: Animals will be allowed on the Real Property for personal use of parcel owners. Any animals raised for commercial activity must have prior written approval of the Association Board of Directors. Commercial feed lots and swine, except swine kept through the supervision of a recognized public youth program, shall be prohibited from the real property.
MOTOR VEHICLES: No motorized vehicle which is non-operational shall be kept or stored on any parcel, unless said vehicle is kept or stored in a fully enclosed building.
 TEMPORARY RESIDENCES: No structure of temporary character, including a recreational vehicle, camper unit, trailer, basement, tent or accessory building, shall be used on any tract as a residence. Recreational vehicles, camper units and tents may be used for vacation camping for periods not to exceed ninety (90) days in any calendar year.
xm. MOBILE HOMES: HUD sanctioned and UBC sanctioned mobile homes of all widths, trailer homes, trailer coaches, recreational vehicles used as a dwelling structure, and modular homes shall not be permitted on any parcel within the Real Property. Manufactured homes shall not be permitted on any parcel within the Real Property unless such structure is given prior approval by a two thirds majority of the Association Board of Directors.

XIV. LAND USE: All wood harvesting, renewable energy structures, and mining (including the removal of minerals, soil, gravel, or rock) that are commercial in nature are prohibited.
ENFORCEMENT: Enforcement of these covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant. The Association shall be entitled to collect reasonable attorney's fees, costs, and expenses required to enforce the terms of these covenants from any owner found to be in violation of these covenants. Invalidation of any one of these covenants or restrictions by court order shall in no way affect any other provisions which shall remain in full force and effect.

129

xvl. TERMS OF COVENANTS: These covenants and restrictions are to run with the land and shall remain in full force and effect for ten years, after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by a majority of the members of the Association has been recorded, changing said covenants in whole or part.
XVII. SEVERABILITY: Invalidations of any one of these covenants or any part thereof by court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect.
xvm. COUNTY REGULATIONS: To the extent that the applicable county or other governmental regulations, rules, codes, ordinances or laws are more restrictive in their allowable land utilization that these covenants, they shall supersede these covenants and govern at all times.
XIX. COUNTERPARTS: This instrument may be executed in a number of counterparts, any one of which may be considered an original. This Amended and Restated Declaration of Protective Covenants has been approved by a majority of the members of the Association as evidenced by their signatures which are attached hereto.
SO STATED, on behalf of the members of the Association described hereinabove, pursuant to Article Il (b)(4) of these amended covenants and the Dilley Ranch Covenant Amendment Ballots, recorded herewith by:
President
STATE OF COLORADO )
COUNTY OF CUSTER )
The foregoing Amended and Restated Declaration of Protective Covenants For Real Property in the Dilley Ranch Filing #1, 2, 3, and 4 Custer County, Colorado, as Amended the 16 th day of May, 2013, was acknowledged before me this
, 2013 by ,
President of the Dilley Ranch Property Owners Association, Inc.
Witness my hand and official seal.
My commission expires



DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  


 

DECLARATION OF PROTECTIVE COVENANTSBull Domingo Ranch Property Owners’ Association, Inc.


(hereafter referred to as BDRPOA), and its members as owners of real property in Bull Domingo Ranch Subdivision, situated in the county of Custer, State of Colorado, as shown by the plats and/or maps of said subdivision recorded with the Custer County Clerk and Recorder,  in  compliance with Covenant XIV, entitled, Terms of Covenants, of the Original Declaration of Protective Covenants of  Bull Domingo Ranch Joint Venture, recorded at Reception No. 14538, Book No. 203, Page No. 754 (as shown in the attached affidavit) in order to protect the living environment and preserve the values within said subdivision.

HEREBY DECLARE that the property within the confines of Bull Domingo Ranch Subdivision shall be held, leased, sold and conveyed subject to the following covenants, and that each covenant shall inure to and run with the land and shall apply to and bind all current members and their respective successors in interest. The following covenants have been approved in writing by a majority of BDRPOA’s members and the property within the Bull Domingo Ranch Subdivision are made subject to their provisions.
 
  1. INTENT. It is the intent of these covenants to protect and enhance the value, desirability and attractiveness of said property, and to prevent the construction of improper or unsuitable improvements. Restrictions are kept to a minimum while keeping in constant focus the right of property owners to enjoy their property in attractive surroundings free of nuisances, undue noise, and danger. Further, it is intended that the natural environment be disturbed as little as possible.
 
  1. PROPERTY OWNERS’ ASSOCIATION. BDRPOA will be operated as per the by-laws of the association.
    1. MEMBERS: Every property owner will automatically be a member of the Property Owners’ Association
    2. PURPOSE: The purpose of BDRPOA is to use its authority, as given in the by-laws:
      1. To enforce these protective covenants.
      2. To assess property owners annual dues, and
      3. To see that assessment funds are used as intended; pay common area costs, extend electricity lines, to own and provide upkeep and improvements to all non-county roads in Bull Domingo Ranch for the use of all tract owners of Bull Domingo Ranch Map No. 1 and all subsequent Maps of Bull Domingo Ranch, and to convey said roads to the County of Custer upon acceptance of said county.
 
Should any property owner fail to pay assessments when due, the Property Owners’ Association may file a lien against the owner for collection purposes.
 
  1. (A) HOMES. After January 1, 1998, no residential structure shall be built on Bull Domingo Ranch that is less than
800 square feet of living space enclosed by the perimeter of the building, exclusive of garage, porches, balconies, sun decks, roof-overhangs and out-buildings. No structure to exceed 25 feet height limit and/or the Custer County height limit. All homes commenced on Bull Domingo Ranch shall be prosecuted diligently to completion and all exteriors of homes to be completed within 15 months of start of construction. Any exception to these rules must be given prior approval by the Board of Directors or the committee assigned to this purpose.  If such exception is beyond the bounds of County limitations, approval of the appropriate County agency is mandatory. The use of metal shipping/cargo containers as living space shall not be permitted on Bull Domingo Ranch. (Updated 11/13/2016)
 
III. (B) HOME OCCUPATION. Home occupation for business usage is allowed on Bull Domingo Ranch as defined by Custer County Regulations with the following additional restrictions:
  1. No advertising or signage within Bull Domingo Ranch.
  2. All such home businesses must receive prior approval from the BDRPOA Board of  Directors and must meet the Custer County Home Occupation definition. No County permit is required other than zoning permits for structure and septic system.
  3. Will not involve the use of hazardous materials.
  4. No parking areas, other than normal for the residence, will be allowed nor shall there be such additional traffic as to infringe on the rights of any Bull Domingo Ranch property owner(s).  In case of a dispute, follow the Grievance Procedure. The BDRPOA Board of Directors shall make the final determination of what constitutes “normal” and “infringe.”
  5. Any business, which requires a special or conditional use permit from Custer County, would not qualify as Home Occupation, and would, therefore, be prohibited.
 
  1. (C) ACCESSORY/OUTBUILDING/CARGO CONTAINERS.  Defined as a building, subordinate to and
located on the same lot with a residential building, the use of which is clearly incidental to that of the residential building or to the use of the land, and which is not attached by any part of a common wall or common roof to the residential building. A Custer County building permit is required to install or construct any accessory, outbuilding, or cargo container.
Use of a shipping/cargo container (referred to as “cargo container” hereafter) as a permanent accessory or outbuilding is not permitted on Bull Domingo Ranch. If a cargo container was approved for use as a permanent accessory/outbuilding prior to August 1, 2016 by the BDR Board of Directors, it is “grandfathered” and can remain on the property. Additional cargo container(s) or the replacement of the existing container(s) are not allowed after the aforementioned date. (For temporary accessory or outbuilding, please see Article X, Temporary Residences). To  legally document all property owners with the grandfathered status, please notify the Board by email or telephone if you currently have a cargo container. This will protect your grandfathered status and alleviate any forced removal in the future.  (Added 11/13/2016)
 
  1. SETBACKS. No structure may be erected within fifty feet of the right-of-way line of any road within Bull Domingo Ranch nor within fifty feet of any side or rear line of any parcel. Owners to obtain current county regulations when filing for building permit from Custer County Zoning Office.
 
  1. TRASH AND RUBBISH. Rubbish, garbage or waste shall be kept and disposed of in a sanitary manner, and all containers shall be kept in a clean, sanitary condition. In case of a dispute, follow the Grievance Procedure. The Property Owners’ Association Board of Directors shall make the final determination of what constitutes “trash and rubbish.”
 
  1. EASEMENTS. Utility easements shall extend twenty-five feet on either side of all boundary lines for all parcels at Bull Domingo Ranch.
 
  1. NUISANCES. No owner shall cause or allow the origination of excessive odors, sounds or lights from their  parcel. No owner shall cause or allow any other nuisances of any kind whatsoever to exist on their parcel. In case of a dispute, follow the grievance procedure. The Property Owners’ Association Board of Directors shall make the final determination of what constitutes a nuisance.
 
  1. ANIMALS. Animals will be allowed on Bull Domingo Ranch for the personal use of property owners. Any animals raised for the purpose of commercial and/or agricultural activity must be approved by the BDRPOA Board of Directors.  Commercial feedlots, commercial swine operations and commercial poultry operations shall be prohibited.  All requests for Board approval shall be in writing and contain a full and complete description of the activity requested.
 
  1. MOTOR VEHICLES. No motorized vehicle, which is either non-operational or non-licensed, shall be kept or stored on any parcel, unless said vehicle is kept or stored in a fully enclosed building.
 
  1. TEMPORARY RESIDENCES. No structure of temporary character, recreational vehicle, camper unit, camper shell, trailer, basement, tent or accessory building shall be used on any tract or parcel as a permanent residence  except that during the period of construction of a permanent residence. With a written request to the Board of Directors or the designated committee, a temporary structure may be permitted for a period not to exceed six (6) months. Upon showing good cause, the Board of the designated committee may grant an extension of time.
Recreational vehicles, camper units, trailers and tents may be used for vacation camping for consecutive periods not to exceed a total of 90 days in any 12 consecutive months. After 90 days, the unit must be removed from Bull Domingo Ranch. Upon showing good cause, the Board or the designated committee may grant an extension of time.
Whenever possible, the temporary structure, recreational vehicle, camper unit, camper shell, trailer, tent or accessory building shall be placed in an area sheltered from any neighbor’s view and from any road.
 
  1. MOBILE HOMES. Mobile homes shall not be permitted on any parcel within Bull Domingo Ranch, except those areas that may be specifically designated for mobile homes. Double-wide mobile homes, in excess of 800 square feet, may be approved by the Property Owners’ Association if the home has a pitched roof, wood siding, shingles, and placed on a permanent foundation.
 
  1. LAND USE. Commercial wood harvesting, mining (including the removal of soil, gravel or rock) is prohibited. Quarrying, crushing and screening of rock and gravel from any property on Bull Domingo Ranch solely for the purpose of maintaining Bull Domingo Ranch roads is allowed, provided written permission is obtained from any owners of parcels used and the adjacent property owners.  The Property Owners’ Association will be responsible for obtaining  any and all necessary permits. The properties used shall be returned to the parcel owner in a useable condition as mutually agreed upon.
 
  1. ENFORCEMENT. Enforcement shall first be by following the BDRPOA Grievance Procedure.  Should this fail  to satisfy the parties then it shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
 
  1. TERMS OF COVENANTS. These covenants and restrictions are to run with the land and shall remain in full force and effect, but may be amended by the affirmative vote of two-thirds of all the lot owners. Each owner shall be entitled to one vote per lot. The owners of at least one-third of the lots may call for a vote on the proposed amendment. Copies of the proposed amendment shall be sent to each lot owner(s) at their last recorded mailing address as shown in the books of BDRPOA by first class mail. The notice shall provide that the vote shall be held at a time and place in Custer County, Colorado, at least 30 days after the mailing of said notice. Voting may be by mail, in person, or by written proxy.
 
  1. SEVERABILITY. Invalidation of any of these covenants or any part thereof by judgment or court order shall in  no way affect any of the other provisions thereof, which shall remain in full force and effect.
 
  1. COUNTY REGULATIONS. To the extent that the applicable county or other governmental regulations, rules, codes, ordinances or laws are more restrictive or impose higher standards in their allowable land utilization than these covenants, they shall supersede these covenants and govern at all times.
 
  1. AIRCRAFT. All aircraft operation from, or to, any premise within the confines and jurisdiction of Bull Domingo Ranch, other than a medical or emergency aircraft or helicopter, is prohibited. An aircraft is herein defined as a device that is used, or intended to be used, for flight in the air. This will include, but not be limited to, the following: airplanes, airships, balloons, gliders, gyroplanes, gyro dynes, helicopters and ultra lights.
 
  1. HUNTING. (Colorado law states that a property owner(s) is entitled to hunt his own land.) Hunting on Bull Domingo Ranch is limited to member’s property only. Invited hunting guests may include, but not be limited to, other members of BDRPOA.
Owners planning to hunt their own property, or having invited guests hunt their property, must register themselves and their guests with Bull Domingo Ranch Security or the committee responsible for monitoring hunting during the various hunting seasons.
Registration must be done each year on the form provided by BDRPOA prior to the opening of hunting season
and will include the following:
  1. Names of all persons hunting their property,
  2. During which season(s) and which game will be hunted.
  3. Bull Domingo Ranch map(s) and parcel(s) numbers being hunted.
 
Each member assumes responsibility for themselves and their guests to meet all federal, state and local laws, rules  and regulations pertaining to hunting, including all rules and regulations imposed by BDR.
 
  1. COUNTER PARTS. This instrument may be executed in a number of counter parts any one of which may be considered an original.
 
DEFINITIONS:
The following definitions shall apply in the interpretation of these covenants:
Hazardous or toxic substances: EPA-defined hazardous and toxic material described in Resource Conservation and Recovery Act.
Motor Vehicles: Means a machine propelled or pulled by power other than human power designed to travel along the ground by use of wheels, treads, tracks, runners or slides and shall include, without limitation, automobiles, trucks, motorcycles, tractors, field machinery, buses, campers, snowmobiles, all terrain vehicles, utility and travel trailers, bulldozers, earth-moving or compacting equipment, backhoes or truck bed/boxes which are:
  1. Inoperable;
  2. Not capable of travel in connection with their normal power source;
  3. Partially or wholly dismantled; or
  4. Without current license plates, unless exempt from registration
Noise Pollution: means sound that is unduly offensive to any reasonable person. Person: any natural person, firm, partnership, association or corporation. Rubbish:
  1. Any trash, garbage or litter;
  2. Any abandoned objects or materials including without limitations, newspapers, magazines,  glass,  metal plastic, packaging or construction materials, vehicles, furniture, appliances, animal waste and carcasses of dead animals;
  3. EPA-defined hazardous and toxic substances or any noxious or offensive matter of any kind. D. Any object likely to cause injury to any person, or to create a traffic hazard.
 



DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  


 

 

*228774*
2:10 PM

                                                                        i                         

July 2016
SECOND AMENDED DECLARATION OF PROTECTIVE COVENANTS
FOR EAGLE SPRINGS RANCH FILING NO. 1 AND
AMENDED DECLARATION OF PROTECTIVE COVENANTS

FOR

EAGLE SPRINGS RANCH FILING NO. 2 CUSTER COUNTY, COLORADO
 
 

WHEREAS, Eagle Springs Ranch Property Owners Association, LLC (hereinafter "Association"), a duly formed and registered limited liability company in Colorado, and pursuant to the Colorado Limited Liability Company Act is the successor to Eagle Springs Ranch, LLC, the original Declarant, due to property conveyance thresholds set out in various governing documents for the property having been met, does have the authority to promulgate and amend protective covenants for that certain real property in the County of Custer, State of Colorado, more particularly described as follows:
Eagle Springs Ranch Filing No. 1 according to the plat thereof recorded on November 13, 2002 at Reception Number 193337 of the records of Custer County, Colorado and Eagle Springs Ranch Filing No. 2 according to the plat thereof recorded on the 26th day of June, 2006 at Reception
Number 204915 of the records of Custer County, Colorado (the "Property");
WHEREAS, Association desires to manage and maintain a limited expense, planned community pursuant to the Colorado Common Interest Ownership Act (CCIOA) as set forth in Colorado Revised Statutes section 38-33-101, et seq. (the "Act") on the property, the name of which is Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2; and
WHEREAS, Association hereby declares that the property shall be managed and maintained subject to the following conditions, covenants, restrictions and easements which shall run with the land and be binding on a!! parties, their heirs, successors and assigns claiming any right, title or interest in all or any part of the property; and

                                                                                                          2:10 PM                       Kelley
                                                                                                                                                  SSI MSO                       County
WHEREAS, Association, a homeowners/property owners association per CCIOA and duly registered with the Department of Regulatory Affairs, State of Colorado hereby submits the property to the provisions of sections 38-33.3-105, 38-33.3-106 and 38-33.3-107, C.R.S., and the Association does not reserve any development right.
USE RESTRICTIONS, COVENANTS AND EASEMENTS
  1. Building Use and Type: All lots designated shall be restricted to single-family residential homes. All buildings must comply with the Custer County Zoning Resolution which, among other requirements, imposes height restrictions. As shown on the recorded plat, there is a no build area for elevations above 9800 feet in elevation. Not more than one dwelling shall be erected or placed on any lot except that if permitted by county zoning and land use restrictions one guest house may be erected in addition to the main dwelling. If a guest house is built in advance of the main dwelling, construction on the main dwelling must begin no later than 18 months after completion of the guest house. Restoration of existing historic homestead cabins is encouraged; such structures do not fall under the main dwelling or guest house restrictions. Private stables, sheds or animal shelters shall be permitted provided such conform with county zoning regulations. All structures must be approved by the Design Committee prior to construction.
  2. Dwelling Size: No primary dwelling shall be erected or placed on any lot unless such dwelling has a minimum ground floor area of fifteen hundred (1500) square feet. Any guest house, if permitted, the ground floor area shall have a minimum of eight hundred (800) square feet. All measurements shall not include garages, carports, decks, open porches, patios or court areas. No minimum dimensions shatl apply for stables, sheds or other animal shelter.
  3. Temporary Residences: No basement, shed, tent or structure of a temporary nature may be used as temporary or permanent living quarters. This covenant does not preclude vacation camping in tents, trailers or campers for a period not to exceed fortyfive (45) continuous days or ninety (90) days per year. Any person using a lot for vacation camping must make adequate provisions for sanitation such as providing for a porta-potty or using a full self-contained camper.
  4. Building Location: No building shall be erected nearer than one hundred (100) feet to any lot line. In case of single ownership of more than one lot, this restriction shall apply to each lot, unless lot line has been vacated. Eaves, steps, decks, and open porches shall be considered part of the building. All building plans shall be submitted to the Design

2:10 PM

SSI MSO

Committee for approval prior to construction being commenced. All plans for construction (including grading) must also be submitted to the Custer County Planning and Zoning Department before construction or grading is commenced.
  1. Time of Construction: Once construction is started it must be completed within eighteen (18) months.
  2. Easements: Easements for installation and maintenance of utilities, roadways, trails and other such purposes incident to development of the property as reserved and shown by notes on the recorded plats of Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2 will be kept open and readily accessible for use, service and maintenance.
Such easements are for the benefit of the owners of lots within both Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2, their guests and invitees, and not for the general public.
  1. Nuisances: Nothing shall be done or permitted on any lot, which may be or become an annoyance or nuisance to the neighborhood. No noxious or offensive activities shall be conducted on any lot. In particular, no excessive odors or sounds may be emitted for any lot. The use of chainsaws, trail bikes, four wheelers, ATV's, motorbikes, motorcycles, snowmobiles or other similar off-road type vehicles shall be used only between the hours of 7a.m. and 9p.m. For purposes of this covenant "excessive noise" shall be defined as seventy (70) decibels measured at the property line.
  2. Garbage and Refuse Disposal: No part of the property above or below ground shall be used or maintained as a dumping ground for rubbish, trash, garbage, debris or other waste. At aft times the property shall be maintained in a neat and sanitary condition. Reasonable preventions shall be taken against fire hazards and no outdoor burning of any kind including but not limited to garbage, slash and other foliage, except cooking and campfires and approved wood burning and/or heating devices, shall be permitted on the premises without a valid fire permit. All property owners shall comply with any and all county and state fire bans and restrictions, if any.
  3. Water and Sewage: All water wells and sewage disposal systems placed upon any lot shall comply with the requirements of Custer County and the State of Colorado Health Department. No septic tank or teach field system or engineered system shall be nearer than one hundred (100) feet to any lot line. No sewage, waste water, trash, garbage or debris shall be emptied, discharged, or permitted to drain into any body of water in or adjacent to the subdivision. All toilet facilities must be part of the residence or

2.•10PM
                                                                                                                   MSO               CountyClerk
permitted auxiliary buildings and shaft be of a modern flush type and connected with a proper septic system or other system approved by the State of Colorado and/or Custer County. At! water wells shall be in compliance with the requirements of the Colorado State Water Engineers' Office and be permitted by the State of Colorado.
  1. Mining Operations: No oil, gas, coal, sand, grave! or other mineral development, drilling, refining, quarrying, mining, crushing, manufacturing or processing operations of any kind shall be permitted upon or in any portion of the property; nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted. The foregoing shall not be construed to prevent the drilling of water wells to serve the premises for domestic purposes or domestic propane tanks. The right to drill a water well is governed by regulations adopted by the Colorado State Engineer's Office.
  2. Hunting, Trapping and Use of Firearms: No hunting or trapping of any kind shall be permitted in any of the areas covered by these covenants. Further, no use of or discharge of firearms shall be permitted within any of the land area herein covered. Firearms as used herein shall be construed to mean, (but not limited to) rifles, pistols, shotguns, and cannons and also fireworks, explosives or similar devices.
  3. Hiking: A hiking easement is reserved in Eagle Springs Ranch Filing No. 2 as shown on the recorded plat. Hiking is at the risk of the hiker(s). The property owners association witl defend and indemnify any owner injured on the hiking easement.
  4. Commercial Activity: No store, office or other place of business of any kind shall be erected or permitted on any lot and no commercial activity shall be permitted except a "cottage industn/' as permitted by Custer County regulations and home-based businesses such as "consulting services" which do not require the public or employees to be on site, or delivery and other commercial vehicles to be regularly on the property.
  5. Mobile, Modular or Manufactured Homes: No mobile homes, manufactured homes or modular homes are permitted within Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2. For purposes of this covenant, log homes or pre-cut homes, which are approved by the Design Committee and are to be assembled on site are not prohibited. All homes must be of new construction and placed on a permanent foundation.
  6. Re-Subdivision: There shall be no re-subdividing of any tots, with the exception of Lot #7 of Eagle Springs Ranch Fifing No. 1. This lot may be subdivided one (1) time into two (2)
 

12/5 2016 2:10 PM
RS75 DSO NS0 SSI MSO
lots containing not less than 35 acres each if allowed by the ordinances and regulations of Custer County at the time of any re-subdivision.
  1. Utilities: All utilities shall be underground. Propane tanks may be allowed by the Design Committee to be above ground so long as fencing or other suitable screening prevents view from roads or other properties.
  2. Pets: All animals, and pets shall be penned, chained or fenced at owner's expense. Domestic animals or fowl genera!ly recognized as household or yard pets can be maintained on any lot.
  3. Animals and Livestock: Animals and livestock will be permitted within Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2. Animals and livestock shall include, but are not limited to; horses, cows, llamas. However, swine, sheep and goats are not permitted, except for 4-H animal and livestock projects limited to six (6) per year during the months of March thru July. Adequate fencing to maintain atl animals and livestock shall be provided by property owner. Maintenance includes, but is not limited to keeping all animals and livestock areas free of odor and unsightly debris and manure piles. This covenant may be enforced by the Design Committee.
  4. County, State and Federal: To the extent that applicabte county or other governmental regulations, rules, codes, ordinances or taws are more restrictive in their allowabte land utilization than these covenants, they shall supersede these covenants and govern at all times. To the extent that applicable county or other governmental regulations, rules, codes, ordinances or law conflict with these covenants, these covenants shall be deemed amended to comply therewith.
  5. Covenants to Run with the Land: These covenants and restrictions shall run with the land; all successive and future owners and occupants shall have the same right to invoke and enforce the covenants, conditions, restrictions and reservations applicable to this conveyance as the original parties hereto.
  6. Design Control: The Design Committee shall be charged with reviewing and approving all improvements within the subdivision. Improvements shall mean any buildings, outbuildings, stairs, decks, and any structure of any type or kind. Improvements shall also mean any roads, driveways and landscaping features that may have impact on the aesthetics of the subdivision or the common interests of the Association's members. In

12/5 2016
                                                                                   RS75 DSO             MSO
exercising its authority, the Design Committee shall be governed by these covenants and the following standards:
  1. Exteriors. All exteriors such as wood, concrete and metal on al! structures must be stained, painted or otherwise covered or protected with another material. Atl colors shall be compatible with the natural surroundings.
  2. Roof. Roof material and color shall be consistent with the architecture, color and exterior wall material of the structure or improvement. Preference will be given to non-flammable roof materials. Flat and mansard design roofs are not permitted.
  3. Passive or active solar devices, such as roof mounted solar collectors, skylights and other energy conservation features, shall be architecturally and aesthetically integrated into the building they serve or be obscured from view of adjacent lots and streets with material compatible with the structure and in a color compatible with the natural surroundings.
  4. Chimneys shall be equipped with spark arresting screen.
  5. Each owner shall maintain the exterior of the structure or dwelling, and accessory building and all other improvements, including landscaping and driveways, in good condition and shall cause them to be repaired as the effects of damage, deterioration or erosion become apparent.
  6. Any dwelling or structure which may be destroyed in whole or in part by fire, windstorm or for any other cause or act of God must be rebuilt or all debris must be removed and the lot restored to a sightly condition, such rebuilding or restoration to be completed with reasonable promptness and in any event within 18 months from and after the date of destruction.
  7. Drainage and grading shatt be maintained at al} times so as to conduct irrigation and surface waters away from any improvements and to protect the adjacent lots.
  8. No unlicensed or junked vehicle shall be allowed on any tot except for ATV's, snowmobiles, motorbikes or similar vehicles which do not normally require a license.
  9. No maintenance, servicing, repair, dismantling or repainting of any type of vehicle, boat, machine or device may be carried on except within a completely enclosed structure.
  10. One sign designating the property owner's name and/or address is permitted per lot. Address signs should be constructed with materials compatible with the natural surroundings and be of reasonable dimensions so they are not obtrusive. One professional sign of not more than six (6) square feet advertising the
*228774*
2:10 PM
NS0 SSI MSO ESO
property for sale or rent is permitted per tot. Signs are also regulated by the Custer County Zoning Code.
  1. Exterior lighting installed on any lot shall either be indirect or of such controlled focus and intensity so as not to disturb or annoy the resident of neighboring properties.
There shall be a Design Committee consisting of 3 members appointed by the duly elected Executive Board of the Association. The members of the Design Committee and their alternates shall serve until death, disability or resignation or the expiration of their term. Each member of the Design Committee shall serve a 3 year term except the initial members who shall be appointed, one to serve a one year term, one to serve a two year term and one to serve a three year term.
In passing upon any application submitted to it, the Design Committee shall apply standards and procedures set forth in the rufes and regulations adopted by the Association and shall not act arbitrarily or capriciously.
A majority of the Design Committee members in office at the time shall constitute a quorum for the transaction of business and all action taken by the Design Committee at any meeting at which a quorum is present shall be by a simple majority of those present.
It shall be the duty of the Design Committee to consider and act upon proposals or plans submitted to it for approval pursuant to the terms of this Declaration. The Design Committee's approval or disapproval shall be given in writing within a period of 30 days after complete submission of plans and specifications. If the Design Committee fails to act within said 30 day period, the improvement submitted shall be deemed approved. All proposals or plans submitted to the Design Committee shall be sent to the Design
Committee by certified mail, return receipt requested, addressed to Eagle Springs Ranch Design Committee, and sent to such address as the Design Committee may specify in writing in minutes of the Association. The proposal or plan shall include the name and maiting address of the person submitting the plan or proposal and the name and mailing address of the tot owner. Proposals or plans shall be deemed submitted when receipted for by the Design Committee and acted upon when mailed back to the person submitting them and to the lot owner by the Design Committee, certified mail, return receipt requested. At the discretion of the Design Committee, plans for relatively minor improvements may be submitted by email and communications regarding such improvements may be conducted by email. Any person desiring to erect or construct an
 
   12/5/2016                                                   car
RS75 DSO
 
improvement or alter any existing improvement or in any way change the appearance of any lot or structure on a lot shall be required to complete an application form available from the Design Committee and, after completion, submit the same to the Design Committee with plans, specifications and plot plans as required by these Covenants. Neither the Design Committee nor any member therein shall be liable to any owner or to any other person for any damage, loss or prejudice suffered or claimed on account of:
  1. The approval or non-approval of any plans, drawings and specification, whether or not defective;
  2. The construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications;
  3. The development or manner of development of any kind of land within the Subdivision.
The Design Committee shall have the authority to grant variances from the terms and conditions contained within the Declaration in the event the Design Committee finds that substantially all of the foflowing conditions exist:
  1. Any such variance will not be contrary to the interests of the owners and residents of Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2.
  2. Owing to exceptional and extraordinary circumstances, literal enforcement of the Declaration will result in unnecessary hardship.
  3. The variance will not substantially or permanently injure the use of other property within Eagle Springs Ranch Filing No.l and Eagle Springs Ranch Filing
No. 2.
  1. The variance will not alter the essential character of Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2.
  2. The variance will not weaken the general purposes of this Declaration.
  3. The variance will be in harmony with the spirit and purposes of this Declaration.
  4. The circumstances leading the applicant to seek a variance are unique to the lot or its owner and are not applicable generally to lots in Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2 or their owners.
  5. The variance is required in order to comply with applicable governmental rules and to bring construction of these improvements into compliance with governmental rules.
If a member of the Design Committee dies, becomes disabled or retires during his term, his replacement shall be selected to fill the remainder of his term by the duly elected Executive Board of the Association.
                                                                90f14                                                        Countyacrk
  1.  
 
 

Enforcement: The Association, the Design Committee, or any one or more lot owners shall be entitled to maintain legal or equitable proceedings to enjoin, abate or obtain other appropriate relief in respect to any and al! breaches of the protective covenants set forth herein against any person(s) or associations violating or attempting to violate any covenant, either to restrain violation or to recover damages. As an alternative to litigation, the Design Committee or the Association may at its election submit any dispute to arbitration to be conducted pursuant to the Colorado uniform Arbitration Act, C.R.S. 13-22-201, e.tégg. The failure to enforce any right, reservations, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter, as to the same breach, or as to any breach occurring prior to or subsequent thereto and shall not bar or effect its enforcement. Invalidation by any court of any restriction herein contained shall not in any way affect any of the other restrictions, but they shall remain in full force and effect. In the event of any legal proceedings undertaken to enforce the provision of these covenants, the prevailing party shall be entitled to recover their costs, including their reasonable attorney's fees. In the event that injunctive relief is ordered, the prevailing party shall also be entitled to recover the costs associated with bringing any violation into compliance with the terms of these covenants.
  1. Amendments: These covenants may be amended with an affirmative vote by sixtyseven percent (67%) of the votes by owners. Each lot shall be entitled to one vote. The owners of at least twenty percent (20%) of the lots may call for a vote on any proposed amendment. A notice including a copy of the proposed amendment shall be sent to each Jot owner by certified mail. The notice shall provide that the vote shall be held at a time and place in Custer County, Colorado not less than ten (10) nor more than fifty (50) days after the mailing of said notice. Voting may be by email, U.S. mail, in person or by written proxy. No amendment shall be effective unless in writing and recorded jn the Custer County records.
  2. Vegetation: Lot owners are encouraged to maintain natural plant growth on their property. Tree clearing is discouraged, except for building sites, roads and thinning to promote healthy growth. Cutting firewood for personal use is allowed, only on owner's property. Diseased trees or noxious weeds, if any, will be the property owner's obligation to dispose of in a timely manner per Custer County regulations.
  3. Fences or Enclosures: All new fencing shall be of wildlife compatible type as approved by the Colorado Division of Wildlife. Existing fencing, if replaced shall be of this type approved by the Colorado Division of Wildlife. Colorado is a 'fence out' state; however,
12 15/2016
                                                                                                             RS75 DSO                                                  County Clerk
in Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2 if a property owner chooses to have animals/livestock, it is the responsibility of the animal owner to fence in all animals/ljvestock with fencing approved by the Colorado Division of Wildlife regulations. All new fences must be approved by the Design Committee.
  1. Association: All Tot owners are, by virtue of their ownership of property in the subdivision, members of the Eagle Springs Ranch Property Owners Association, LLC ("Association"). Membership shall be appurtenant to and may not be separated from ownership of a lot.
Transfer of Membership: An owner shall not transfer, pledge or alienate his membership in the Association in any way, except upon the sale or encumbrance of his lot and then only to the purchaser or mortgagee of his lot. The Association shall not create a right of first refusal on any tot and owners may transfer ownership of their lot free from any such right.
Membership: The Association shall have one (1) class of membership consisting of all owners, including the Declarant so long as the Declarant continues to own an interest in a lot. Each member shall be entitled to vote in Association matters. Each owner, including Declarant while Declarant owns any lot (with some exceptions contained hereto), is subject to all the rights and duties assigned to owners under Association documents.
Management of the Association: Once the period of Declarant control ends there shall be a slate of Managers, known as the Executive Board, to be elected by members at the annual meeting of the Association, that shall solely be responsible for the management and business operations of the Association as set forth in the Association Operating Agreement, as well as the enforcement of the covenants, restrictions, easements and requirements of this Second Amended Declaration and Amended Declaration. There shall be seven (7) board members (Managers) in three 'groups': 'A' which has two members-at-large; 'B' which has two members - the treasurer and the vice president; and 'C' which has three members- the president, the secretary and a member-at-large. Members of each group are elected for three years except that the initial 'A' group will only serve one year and the initial 'B' group will only serve two years. The Executive Board will meet on a schedule of its choosing, but must hotd an in-person annual meeting and keep the books of the Association and pay obligations in a responsible and reasonable manner of its choosing and in keeping with the Association's Operating Agreement and these Covenants. If a member of the Executive Board dies, becomes
 

I l

County Clerk
disabled or retires during his term, his/her replacement shall be selected to fill the remainder of his/her term by the remaining members of the Executive Board.
Notwithstanding any provisions of this Declaration or the Operating Agreement to the contrary, the unit owners, by a vote of sixty-seven percent (67%) of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any Member of the Association Executive Board with or without cause.
Voting: There shall be one vote per lot. Except as set forth in paragraph 23 (Amendments), votes regarding Association business must be cast in person by lot owners at a duly called meeting of the Association, or by a written proxy presented at said meeting. If only one of several owners of a iot is present at a meeting of the Association, the owner present is entitled to cast the vote allocated to the tot. If more than one of the owners are present, the vote allocated to the tot may be cast only in accordance with the agreement of a majority of the owners. There is a majority agreement if any one of the owners casts the vote allocated to the lot without protest being made promptly by another owner of the lot to the person presiding over the meeting. The owners shall vote upon such matters as come before them and, at the annual meeting, shall vote on the appropriate 'group' of Executive Board Managers for the Association.
Books and Records: The Association shall make available for inspection, upon request, during normal business hours or under reasonable circumstances, to owners and to mortgagees current copies of the Association documents and the books, records and financial statements of the Association. The Association may charge a reasonable fee for copying such materials. The Association shall keep financial records sufficient to comply with the provisions of C.R.S. 38-33.3-317.
Independent Contractor: The Association may employ or contract for the services of an independent contractor to whom the Executive Board may delegate certain powers, functions or duties of the Association. The independent contractor shall not have the authority to make expenditures except upon prior approval and direction by the Executive Board of the Association.
Rights of Action: The Association, on behalf of itself and any aggrieved owner, shall be granted a right of action against any and all owners for failure to comply with the provisions of the Association documents or the covenants or with decisions of the Executive Board made pursuant to authority granted to the Association. The owners shall have a right of action against the Association for failure to comply with the
CountyClerk
provision of the Association documents or with decision of the managers made pursuant to authority granted to the Association in the Association documents. In any action covered by this section, The Association or any owner shall have the right but not the obligation to enforce the Association documents and/or covenants by any proceeding at law or in equity. The prevailing party in any such action shatt be entitled to reimbursement from the non-prevailing party or parties, for all reasonable costs and expenses, including attornevs fees in connection with such actions as provided in C.R.S. 38-33.3-123. Failure by the Association or by any owner to enforce compliance with any provision of the Association documents shall not be deemed a waiver of the right to enforce any provision thereafter.
Enforcement. Each lot owner grants to the Association a lien upon the lot of the owner to secure the faithful performance by the owner of each of the terms and conditions contained herein. If any owner shall fail to comply with this Declaration within thirty (30) days after the Association shall have deposited in the United States mail a notice to the owner of the failure to comply. The Association shall have the right to:
  1. Cause the necessary work to be done and to have a lien upon the land of the non-complying owner for the reasonable cost of such work. If within sixty (60) days, the non-complying owner does not pay to the Association the sum secured by any such lien, then the Association may foreclose the lien in compliance with the mortgage foreclosure laws of the State of Colorado for the aggregate of the reasonable cost of such work and al! costs incurred by the Association in foreclosing the lien, including a reasonable attornevs fee.
  2. Proceed with a civil suit in the appropriate court of Jaw to enforce the provisions contained herein through an injunctive action or otherwise. In the event the Association is successful in its arbitration proceedings or civil suit, the owner shall be liable for all costs incurred by the Association, including reasonable attornevs fees.
The Association may also exercise any right or privilege expressly granted to the Association including, but not limited to, the right to a lien for unpaid assessments and to institute suit therefore as provided in C.R.S. 38-33.3-316.
If any unit owner fails to timely pay assessments or any money or sums due to the Association, the Association may require reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure without the necessity of commencing a legal proceeding as provided in C.R.S.
                                                                                                                                                        MSO                      County Clerk
For any failure to comply with any provision of the declaration, bylaws, articles, or rules and regulations, other than the payment of assessments or any money or sums due to the Association, the Association, any unit owner, or any class of unit owners adversely affected by the failure to comply may seek reimbursement for its costs and reasonable attorney fees and costs incurred as a result of such failure to comply, without the necessity of commencing a legal proceeding as provided in C.R.S. 38-33.3-123(1)(b).
  1. Declarant Control: The Association shall initially be controlled by the Declara nt, who may appoint the Managers, members of an Executive Board and the Design Committee. Declarant control terminates not later than the earlier of sixty (60) days after conveyance of seventy-five percent (75%) of the lots to owners other than the
Declarant, or two (2) years after the last conveyance of a tot by Declarant in the ordinary course of business.
Within sixty (60) days after the lot owners other than Declarant elect a majority of members, the Declarant shall deliver to the Association all property of the lot owners and of the Association held by or controlled by the Declarant, including without (imitation the documents required by C.R.S. 38-33.3-303(9).
The lot sales threshold of seventy-five percent (75%) of total lots contained in Eagle
Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2 was deemed met by July
2015 at which time Declarant delivered all pertinent property in its possession to the
Association, and at an appropriate Annual Meeting held at that time, control of the Association was transferred to an Executive Board, duly elected by lot owners present, but for an interim period of only one year. An ongoing Executive Board, per the provisions of this Second Amended Declaration and Amended Declaration, was duly elected at an appropriate Annual Meeting held in July 2016 by lot owners and written proxies present.
  1. Dues: The average annual liability of each lot with respect to common expenses of the subdivision ("Assessments") exclusive of optional users fees and any insurance premiums paid by the Association, shall not exceed the amount specified from time to time in Section 38-33.3-116(3) of the Colorado Common Interest Ownership Act. Average annual per lot dues/assessments are to be established by the Executive Board of the Association, for the following calendar year, by July of each year and discussed with Members at the Annual Meeting. Pursuant to C.R.S. 38-33.3-117, the annual average common expense liability of each lot, (exclusive of optional user fees and any insurance premiums paid by the Association), may not exceed $400.00 adjusted for

                                                                                                                                                  MSO                      County Clerk
changes in the Consumer Price Index as set forth in C.R.S. 38-33.3-116(3): as of the date herein, the allowable amount is estimated to be approximately $650 per lot per year. Each lot owner (excluding original Declarant) is liable for assessments made against the owner's lot, which shall be of an equal amount per lot. Assessments shall be payable on December 31 for the following year.
  1. Maintenance: Association dues shall be used to pay for the maintenance of subdivision roads within Eagle Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2 including snow plowing and the maintenance of the easements shown on the recorded
Plat, all of which are for the benefit of the owners of lots within both Eagfe Springs Ranch Filing No. 1 and Eagle Springs Ranch Filing No. 2, their guests and invitees, and not for the general public.
  1. Savings Clause: in the event that any of the provisions contained herein of these covenants shall be deemed invalid, the remainder thereof shall remain in full force and effect.
Signed and delivered thisday of Decemß61'C 2016.
EAGLE SPRINGS RANCH PROPERTY OWNERS ASSOCIATION, LLC

By:
                                                                                      Its: OF                               
2016
SUZANNE E. CRIDER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY (D 19964012442
W COMMISSO! EXPIRES APRIL 11 mm
Association, LLC. Witness my hand and official seal. My Commission expires:




DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  


 
  1. CONSOLIDATED DECLARATION OF PROTECTIVE COVENANTS

FOR EASTCLIFFE I,II,III, AND IV

  1.      On November 2, 1970, Eastcliffe Lands, Inc. a Colorado Corporation, submitted the real property described in that certain Declaration of Protective Covenants for Eastcliffe I recorded in the real property records of Custer Coyunty, Colorado at Reception No. 104479 in Book 165 at Page 124 to its covenants, conditions and restrictions, as amended by that certain Amendment to the Protective Covenants recorded June 21, 2002 at Reception No. 0192095 in Book 432 at Page 168 ( collectively, the FIling I Declaration);
  2.       One June 2, 1971, Eastcliffe Lands, Inc., a Colorado corporation, submitted the real property described in the certain Declaration of Protective Covenants for Eastcliffe II  recorded in the real property records of Custer Count, Colorado at Reception No. 105031 in Book 165 at Page 538 to its covenants, conditions and restrictions, as amended by certain Amendment to the Protective Covenants recorded on June 21, 2002 at Reception No. 0192094 in Book 432 at Page 167 (collectively, the "Filing II Declaration") ;
  3.       On January 10, 1972, Eastcliffe Lands, Inc., a Colorado Corporation submitted the real property described in theat certain Declaration of Protective Covenants for EAstcliffe III recorded in the real property records of Custer County, Colorado at Reception No. 105874 in Book 166 at page 144 to its covenants, conditions and restrictions, as amended by that certain Amendment to the Protective Covenants recorded June 21, 2002 at Reception No. 0192096 in Book 432 at Page 169 (collectively, the "Filing III Declaration") ; 
  4.      On July 3, 1973, Eastcliffe Lands, Inc., a Colorado Corporation, submitted the real property described in that cerain Declaration of Protective Covenants for Eastc liffe IV recorded in the real property records of Custer County, Colorado at Reception No. 107976 in Book 167 at page 766 to its covenants, conditions and restrictions, as amended by that certain Amendment fot the Protective Covenants recorded July 17, 2012 at Reception No. 00219291 in Book 696 at Page 155 (collectively, the "Filing IV declaration")  (collectively, the "Original Declarations") Book 696 at Page 155 (collectively, the "Filing IV Declaration") (Collectivley, the "Original Declarations"). 
  5.       The Owners within the Eastcliffe I, II, III, and IV communities (Collectively, the "Community") subject to the Original Declarations desire to consolidate the Original Declarations into one consolidated document by virtue of this Consolidated Protective Covenants for Eastcliffe I, II, III, and IV ("Consolidated Declaration"), and intend, upon the recording of this Consolidated Declaration, that the Original Declarations shall be superseded and replaced by this Consolidated Declaration; and
  6.       The Original Declarations provided for and allows for this Consolidated Declaration in Paragraphs 27 of the Filings I, II, and III Declarations and in Paragraph 28 of the Filing IV Declaration, which provide as follows:    These covenants and restrictions are to run with the land and shall remain in full fore and effect for twenty (20) years from the date these covenants are recorded, after which time said covenants shall automatically extended for success periods of ten(10) years unless an instrument signed by a majority of the then owners of the tracts has been recorded, changing said covenants in whole or in part.
  7.       All Owners are aware of the provisions of the Original Declarations allowing for amendment, by virtue of the record notice of the Original Declarations, by acts and disclosures, newsletters or notices of the Association and by other means;
  8.       The amendements within this Consolidated Declaration have been prepared and determined by the Association and by theOwners that have approved this Consolidated Declaration to be reasonable and not burdensome;
  9.       The purpose of this consolidated Declaration is to combine all of the Original Declarations into one document, and to remove referenced to the developer and replace those with references to the Association where appropriate.
  10.       The purpose of the Association as provided in the Original Declarations is to preserve the value and desirability of the community and the lots and to further the interests of the residents  of the community and members of the Association; and
  11.  Pursuant to the requirements set forth in Paragraphs 27 or 28 of the Original Declarations, at least a majority of hte owners of hte tranct within each of Filings I through IV, separatlehy, have approved this Consolidated Declaration.   
NOW THEREFORE, the Original Declarations are replaced, superseded, and consolidated by the covenants, servitudes, easements and restrictions set forth below and all property set forth in Exhibit A of this Consolidated Declaration shall be subject to this Consolidated Declaration:
  • ARCHITECTURAL CONTROL:  No structure, including walls and fences, shall be erected, converted, placed, added to or altered on any lot until the contruction plans and specifiecations and a plan showing the location of the structure has been approved in writing by the Eastcliffe Home Owner's Association ( "Association") as to quality of workmanship and materials, harmony of external design with existing structures and to topography and finished grade elevation.  If action to approve or disapprove plans as submitted is not taken by the Association within thrity (30) days, approval is automatic.
  •  BUILDING USE AND TYPE:  (see amendment section)  All lots not designated on the plats of the community as being for business or commercial use shall be restricted to residential use, either as vacation homes or year round dwellings.  Such structures shall be only one family dwelling and shall be for residential use only.  Auxiliary buildings or structures usual to a residence may be erected or placed thereon.  Not more than one dwelling shall be erected or placed on any lot except that one guest house which shall consist of not less than 600 square feet on the ground floor level may be erected in addition to the main dwelling.  Private stable shed or animal shelter with no minimum dimensions shall be premitted provided such are not used for any commercial purposes and subject to approval  by the provisions
  • DWELLING SIZE:  No dwelling shall be erected or placed on any lot unless such dwelling has a ground floor area of not less than 600 square feet. exclusive of garages, carports, open porches, patios, or court areas.
  • TEMPORARY RESIDENCES:  No basement, shed, tent, trailer, trailer house, or mobile home, or structure of a temporary nature may be used as temporary or permanent living quarters.  This covenant does not preclude vacation camping in tents, trailers or campers for a period not to exceed thirty (30) continuous days.
  • BUILDING LOCATION:   No building shall be erected nearer than one-hundered (100) feet to any bondary along a street, or so that nay part of said builidng is closer than twenty-five (25) feet to any of the other boundary lines of said premises.  In case of sigle ownership of maore than one tract, this restriction shall apply to the parccel as a whole.  For the purpose of this covenant, eaves, steps and open porches shall be considered as a part of the building.
  • TIME OF CONSTRUCTION:  Once construction is starred the exterior portion of it mush be completed within 12 months.
  • FENCING:  Fencing which is constructed on lot lines contiguous to road right of ways as shown on the recorded plats of the Community must be placed no further outward from the center of any lot than the interior easement line which is indicated by notes on said plats   Fences may be constructed on interior lot lines in contradiction of Paragraph 8 of these covenants except that in such case the lot owner shall be liable for expenses or damage, repair and replacement of such fencing as may be incurred by the installation of any utility systems.  Any utility entitiy, either public or private shall have the right to breach any fencing or othr obstructions located on a utility easement for purposes of construcion and servicing without incurring any liability for damage thereto
  • EASEMENTS:  Easements for installation and maintenance of utilities, readwasy, bridale pathes, hiking trails and such other purposes incident to developement of the property as reserved an shown bu notes on the recoreded plats of the Community, will be kept open and readily accessible for use, service and maintenance.
  • OBSTRUCIONS TO VISION AT INTERSECTIONS:  No fence, wall, edge, tree, or shrub planing with obstructs sight lines at elevations between two and six feet above the roadways shall beplaed or permitted to remain on any corner tract within the triangular area formed by the street proprty lines and line connecting them at points twenty -five (25) feet from the intersection f the streetr lines, or in the c ase of a rounded properyt corner from the intersection of the street property line extended.  The same sight-line limitation shall apply on any tract within ten (10) feet from the intersection of a street property line with the edge of a driveway aor access road on any tract.
  • NUISANCE:  Nothing shall be done or permitted on any tract which may be or become an annoyance or nuisance to the neighborhood. No noxious or offensive activities shall be carried on upon any tract.
  • GARBAGE AND REFUSE DISPOSAL:  No part of the property in the Community or below ground shall be used or maintained as a dumping ground for rubish trash, garbage, debris, or other waste.  At all times the property shall be maintained in a sanitary condition.
  • CLOTHES DRYING AREA:  Outdoor clothes drying will be permitted only in the rear yard and in the case of corner lots must be not closer than sixty (60)  feet from the side street line.  Only rotary type clothes-lines shall be installed on the premises.
  • SIGNS:  All signs displayed upon any of the premises or tracts must be first approved by the Association.  This covenant does not prclude the display of builders or realty -type signs, or small professional signs, not to exceed on e (1) square foot in area per side.  The association reserves the right, however, to require modification or removal of such signs if they are deemed not to be in keeping with the area and subdivision decor.
  • WATER AND SEWAGE:  All water wells and sewage disposal systems placed upone any tract shall comply with the zoning requirements of Custer County and the State of Colorado Health Dept.  No sewage tank or field system shall be nearer than fifty (50) feet to any tract line except with the consent of the appropriate health official of the State, and not sewage, waste water, trash, garbage or debris shall be emptied, discharded or permitted to drain into any body of water in or adjucent to the subdivision.  No outside toilets or privies shall be permitted on any tract.  All toilet faciliteis must be a part of the residence or garage and shall be of a modern flush type and connected with a proper sewage tank system.
  • WATER WELLS:  A permit for construction of a domestic water well on any lot in the community must be obtained form the office of the State Engineer, Division of Water Resources, Department of Natural Resources, 101 Columbine Building, 184
  • 5 Sherman Street, Denver, CO 80203. Such permit must be for water which will be used for household purposes only.
  • SEWAGE:  A permit for the construciton and installation of an on  site sewage system on any lot in the Community such as a convention septic tank and leach field must be otained throught the Custer County Zoning and Health Officer.  Soils and percolation factors must meet the standards for such systems as prescribed by the State of Colorado Department of Health.  In the event that soil conditions preclude the use as a conventional leach field at the desired location, then approval throught he Custer County Zonig Health Officer must be obtained for the installtion of an alternate type individual sewage system such as an Aerobic type system which is approved by the State of Colorado Department of Health.
  • ANIMALS:  No animals, livestock or poultry of any kind shall be housed, raised or kept on any tract or property either temporarily or permanently, except that commonly accepted domestic pets may be kept provided they are not kept or maintained for any commercial puposes and except that one horse for each two acres of land owned may be kept for recreational purposes.  No stables, corrals, or any structure for the housing or feeding of horses shall be locateed or placed closer than fifty (50) feet. to any adjoining lot line nor closer than one hundred (100) feet ot a public street.  All stables, corrals, or any structure for the housing or feeding of horses shall be approved as to location and design by the Association and shall be maintained in compliance with all lawful sanitary regulations.  In case of sigle ownership of more than one  tract then the setback restrictions of this covenant concerning horses shall apply to the parcel as a whole.  Horses, pets or any other animals as authorized under this covenant, shall not have free rein in the Community, and shall be contained on the property of their owner.
  • FIRE PREVENTION:  The following fire prevention measures shall be adhered to and complied with throughout the Community:  ​​
  1. ​All chimneys and fireplaces shall have a protective wire screen inside the chinmey near the top to prevent any burning /ignited particles from escaping said chimney.
  2. All structures shall be designed and constucted to prevent the accumulation of trash and debris underneiht the structure.  A building permit must be obtained from Custer County Zoning Officer.
  3. Should any  tract owner elect to install a water storage cistern, sich cistern shall have an opening of not less than four (4) inches in diameter which shall be accessible to the hose of the Eastcliffe water/fire tank truck for the purpose of filling the cistern for domestic water use or withdrawing water from the cistern for fire fighting.
  4. Reasonable preventions shall be taken against all fire hazards, and not outdoor burning of any kind shall be prmitted upon the premises (except for cooking) unless in an approved incinerator with ash control.
  • MINING OPERATIONS:  No oil, gas, coal, sand, gravel, or other minteral develpment, drilling, refining, quarrying, mining crushing manufacturing, or processing operations of any kind shall be permitted upon or in any portion of the property; nor shall oil or gas wells, tanks, tunnels, minieral excavations or shafts be permitted.  The foregoing shall not be construed to prevent the drilling of water wells to serve the premises. for domestic purposes.
  • PRESERVATION OF NATURAL TIMBER:  Live trees shall not be removed or damaged, except as required for on-site construction, conservation and soil erosion purposes.
  • HUNTING AND USE OF FIREARMS:   No hunting of any kind shall be permitted in any of the areas covered by these covenants.  Further, no use of or discharge of firearms shall be permitted within any of the land area herein covered.
  • FIREWORKS:  The use of or discharge of fireworks of any kind in the area covered by these covenants shall be expressly forbidden.
  • DRIVEWAYS:  Culverts in the size as precribed by Custer County Department of Roads, but in no event less than one (1) foot in diameter, use be installed at road entrance driveways in all instances in which proper drainage would otherwise be obstructed..
  • DRAINAGE:  Nothing shall be done or any lot which will obstruct or prevent the natural and/or proper flow of drainage.  Also, no earth work shall be done which would destroy or damage the function of existing soil erosion earth construction.  Further, no dwelling or residence shall be sited in a natural drainage area or an area suject to inundation as determined b the Custer County Zoning Office.
  • STORAGE:  No lot may be used for the storage of property in the open, except that builiding materials intended for use in the erection of a building or auziliary structure on the premises may be kept in the open during the construction period, but not exceed six months in any event.  No motor vehicle of any type shall be permitted to remain on the property in a non-operating condition for more than 30 days in any colendar year.  Any such vehicle which does not display current and valid license pltes, and safey inspection sticker where required by state law, shall be deemed to be in a "non-operating condition".
  • EASTCLIFFE HOME OWNERS ASSOCIATION:  There is hereby established an Eastcliffe Home Owners consisting ofall lot owners in the Community.  The board of direcotrs shall be responsible for architectural control, enforcement of all covenants as contained herein, and road maintenance not performed by Custer County, , and general government of ensuing Bylaws of the Eastcliffe Home Owner's Association.
  • WATER DEVELOPMENT EASEMENT: NOT APPLICABLE (DELETED AND VACATED PER JOINT RESOLUTION #115113 DATED JULY 18, 1977, RECORDED WITH CUSTER COUNTY CLERK BOOK 173 PAGE 298).
  • RE-SUBDIVIDING:  Normally, further division of tracts as shown on the recorded plats of the Community will not be permitted.  It is the intent of these covenants that lal tracts within the Community shall be a minimum of five (5) acres.  In the event a tract owner in the Community presents a request for permission to re-subdivide, and can show sufficient justification, the Association will afford all possible consideration.  Should such permission be granted, the re-subdivider must complh with all laws and ordinances of Custer County and the State of Colorado involving zoning,  subdivision and health and sanitation standards,  In no event will the Association permit re-subdivision in any instance wherby the esthetic values, natural ameniteies and pollution and contamination contraol would be detrimental to other tracts and owners within the Community.  This covenant shall not apply to Tact #80 in Eastcliffe IV due to its large size, but in no other event shall this tract be re-subdivided into tracts less than 35 acres in size.
  • RIGHT OF EASTCLIFFE HOMEOWNERS ASSOCIATION:  Eastcliffe Home Owners Association.,  its successors or assigns expressly reserves the right:
  1. From time to time to amend or revoke any restrictive convenants then in existance, but no such amendment or revocation shall apply to tract that are sold prior thereto without the written consent of a majority of the then owners any such tracts.
  2. To enter into agreements with the grantee of any lot or lots (without the consent of the grantee of other tracts or adjoining or adjacent property) to deviate from those conditions, restrictions, limitations and agreements herein set forth, and any such deviation which shall be manifested by agreement in writing shall not constitute a waiver of any such condition, restriction, limitation, or agreement as to the remaining lots in said sub-division, and the same shall remain fully enforceable on all other tracts located in the said subdivision by the origianl Sub-divider its successors or assigns, and the grantees of tother lots exept as against the tract where such deviation is permitted.​
  • TERM AND AMENDMENT OF COVENANTS:  These covenants and restrictions are to run with the land and shall remain in full force and effect for twenty (20) years from the date therse covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the tracts has been recorded, changing siad covenants in whole or part.
  • ENFORCEMENT:  Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover doamges.  The association, its agents or assigns, furhter reserves the right, whenever there shall have been an obvious violation of one or more of the rpovisions of these covenants to enter upone the property where such a violation exists and summarily abate or remove the same at the expense of the owenr and such entry and abatement or removal shall not be deemed a tresspass.  The failure to enforce any right, reservation, restriction, or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to breach occurring prior to or subsequent thereto and shall not bar or affect its enforcement.  The invalidation by any court or any restricitoni herein contained shall not in any way affect any of the other restrictions but they shall remain in full force and effect.
  • EASTCLIFFE HOME OWNERS ASSOCIATION:  EastcliffeHome Lowners Association may assign any and all of its rights, powers, obligations and privileges under this instrument to any ccorporation, association, or person.
  • SEPARABILITY:  Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
 



DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  


 

DECLARATION OF PROTECTIVE COVENANTS
FOR LEY SUBDIVISION

CUSTER COUNTY, COLORADO


Ronald L. Albritton, being the owner of more than three fourths (3/4) of the lots in Ley Subdivision hereby declares the following covenants for Ley Subdivision.
  1. EASEMENTS: Easements for installation and maintenance of utilities, drainage, irrigation, roadways, bridle paths, hiking trails and other such purposes incident to the development of the property are reserved as shown on the recorded plat. Such easements will be kept open and readily accessible for service and maintenance of utility and drainage facilities.
  2. RUBBISH AND REFUSE: Rubbish and garbage or other waste shall be kept and disposed of in an orderly manner so that such materials shall not be visible to nor exposed to the owners of other tracts herein. No tract shall be used for dumping of trash, refuse, or waste. No lot shall be used for storage of unlicensed or unserviceable vehicles.
  3. PRESERVATION OF THE ENVIRONMENT: There shall be no changes to the natural features of the property except for the purpose of building, or replanting grasses, shrubs or trees consistent with the natural environment.
  4. PRESERVATION OF WILDLIFE: Any change which will improve the natural wildlife habitat is encouraged. There shall be no disturbance in any way of animals, birds or fish which nest, den or live upon the land or in the streams, which are listed as rare or endangered species by the applicable state or federal agency. The application of sound wildlife management is earnestly solicited.
  5. HUNTING: No hunting or discharge of firearms or fireworks is permitted within any Of the land area covered by these covenants.
  6. TEMPORARY RESIDENCE: No structure of temporary character, trailer, basement, tent or accessory building shall be used on any lot as a residence, temporarily or permanently, provided however for such use and location during the construction phase of a permanent dwelling and for short periods of 30 days or less for vacation camping and vacation use. Once construction has begun on a permanent dwelling, construction must be completed within twelve (12) months.
  7. No lot shall be used except for residential purposes. No building or structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height, a private garage for not more than three (3) cars and a neat appearing barn and/or storage building. No building shall be placed on any lot other than one resulting from new construction on the site. Mobile homes are not permitted. No building shall be constructed nearer than twenty-five (25) feet to any boundary lines of said property. No metal fencing shall be constructed or erected within one hundred (100) feet of any subdivision roadway. All fences in the subdivision must be maintained in good repair.
  8. STREET MAINTENANCE: Should a majority of the lot owners determine that repairs or improvements to any of the subdivision roadways are necessary, a contractor if necessary or a public body, acceptable to a majority of the lot owners shall be employed or authorized to perform such repairs or improvements and the actual cost shall be paid by every lot owner in the subdivision based on the amount of footage fronting on the common roadways of the subdivision.
  9. COMMON AREA FOR RECREATION: An area is platted and set aside exclusively for the use of residents Of the subdivision.
  10. NOXIOUS OR OFFENSIVE ACTIVITY: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood.

Il. No dwelling shall be permitted on any lot with an enclosed and heated floor area of the main structure, on the main floor, exclusive of open porches and garages, of less than six hundred (600) square feet.
12.SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professionally made. A sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction or sales period. These signs must conform to county zoning regulations.
13.DRILLING, MINING: No oil drilling, oil development operations, quarrying or mining operations of any kind shall be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot.
14.COVENANT PERIOD: Unless an instrument, signed by a majority of the owners of the lots has been recorded, agreeing to change or void said covenants in whole or in part, these covenants are to run with the land and shall be binding on all parties and all persons under them for a period of twenty five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years.
15.LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except horses, dogs, cats or other pets may be kept provided they are not kept, bred or maintained for any commercial purpose.
16.VIOLATIONS: In the event of any violations of these covenants or any attempt to violate the same, any person or persons owning property subject to these covenants may bring an action by law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violations or recover damages for violation.
17.INVALIDATION: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the provisions which shall remain in full force and effect.
[signed] Ronald L. Albritton
[notarized]



DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  

THINGS TO KNOW ABOUT MISSION PLAZA, A PRIVATE COMMUNI'I'Y WESTCLIFFE. COLORADO

  1. Each lot owner is a member of the Property Owners Association, Inc. and is entitled to one vote per lot

  2. There is an association fee of $125 per year. "This is to maintain the private plaza and other common areas

  3. Mission Plaza is governed by an active Property ()wners Association, Inc., strict covenants & restrictions, and a definite architectural design review board.
  4. Houses are to have a minimum of I square Inust be single story, with a tnaxilnum height of 1 6 {bet. Homes are to be traditional southwest style, (colonial, pueblo, Santa Fe, territorial).
  5. The property owners are responsible for any utility hool
  6. The prices listed for Mission Plaza lots are subject to change. Please check with owners of lots for currnet price and financing infölmation.
ARCHITECTURAL GUIDELINES
l .         Homes in Mission Plaza shall be traditional, Santa Fe style southwestern homes.
  1. Drawing of front, sides, back of house with height and width measurements must be approved.
  2. Middle of the house to be in the middle of the lot.
  3. Front of house to be parallel to the road.
  4. Sides of house to be parallel with sides of the lot where possible.
  5. Maximum building height shall be 16 feet, Any trees to be no taller than 16 feet.
  6. Roofline should have a minimum of three different heights, vary at least two feet, not including porches
  7. When possible garage doors should not face the street.
  8. Exterior must be earth tone stucco, and must be approved.
  9. Any roofs that show shall be traditional style with colored tile or uncoated corrugated metal that will rust. Color of tile must be approved.
l l .       Fences must be stucco and gates must be wood or wrought iron and approved.
AMENDED DECLARATION OF COVENANTS BY

MISSION PLAZA FILINGS NO. 1 AND NO. 2

THIS AMENDED DECLARATION OF COVENANTS BY MISSION PLAZA (the "Declaration") is made as of  2004, by Michael Pearl, Dorothy J. Pearl, Paul D. and Mary A King (the "Declarant").
RECITALS
  1. Declarant is the owner of that certain real property located in the County of Custer, Colorado, more particularly described on the attached Exhibit A (the 'Property").
  2. Declarant desires to create a common interest community pursuant to the Colorado Common Interest Ownership Act as set forth in Colorado Revised Statutes 5 38-33.3-101 et seq. (the "Act") on the Property, the name of which is Mission Plaza P.U.D. Filing No. 1 and Mission Plaza P.U.D. Filing No. 2.

c. Declarant has previously recorded a declaration of covenants for Mission Plaza with the Clerk and Recorder of Custer County, Colorado in Book 380 at Page 29 of the records of Custer County, and it is Declarant's intent that this amended Declaration in all respects replace the original declaration, so that said original declaration is now deemed null and void. Article 17 of the original declaration provided for amending it, and this Declaration conforms to all requirements of the original declaration for amendments.
ARTICLE 1
DECLARATION AND SUBMISSION
Section 1.1 Declaration. Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following covenants, restrictions and easements which shall run with the land and be binding on all parties and heirs, successors and assigns of parties having any right, title or interest in all or any part of the Property. Additionally, Declarant hereby submits the Property to the provisions of the Act.
ARTICLE 2
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration, the Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto, shall have the following meanings:
Section 2.1 "Agency" means any agency or corporation that purchases or insures residential mortgages.
Section 2.2 "Articles" mean the Articles of Incorporation for Mission Plaza Property Owners' Association, Inc. a Colorado non-profit corporation, currently on file with the Colorado Secretary of State, and any amendments that may be made to those Artides from time to time.
Section 2.3 "Annual Assessment" means the Assessment levied pursuant to an annual budget.
Section 2.4 "Assessments" means the Annual, Special and Default Assessments levied pursuant to Article 10 below. Assessments are also referred to as a Common Expense Liability as defined under the Act.
Section 2.5 "Association" means Mission Plaza Property Owners' Association, Inc., a Colorado nonprofit corporation, and its successors and assigns.
Section 2.6 "Association Documents" means this Declaration, the Articles of Incorporation, the Bylaws, the Map and any procedures, rules, regulations or policies adopted under such documents by the Association.
Section 2.7 "Bylaws" means the Bylaws adopted by the Association, as amended from time to time.
Section "Clerk and Recorder" means the office of the Clerk and Recorder in the County of Custer, Colorado.
Section 2.9 "Common Element" means all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the Owners, The Common Elements, if any, are owned by the Owners and consist of General Common Elements, if any, and Limited Common Elements, if any.
2.9.1 "General Common Elements" means all tangible physical real and personal properties of this Project, including streets and easements as shown on the recorded plat, except Limited Common Elements and the Residential Units.
2.9.2 "Limited Common Elements" means those parts of the Common Elements which are either limited to or reserved in this Declaration, on a Map or by action of the Association, for the exclusive use of an Owner of a Residential Unit or are limited to and reserved for the common use of more than one but fewer than all Owners.
Section 2.10 "Common Expenses" means (i) all expenses expressly declared to be common expenses by this Declaration or the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Elements; (iii) insurance premiums for the insurance carried under Article 9; and (iv) all expenses lawfully determined to be common expenses by the Executive Board.
Section 2.11 "County" means the County of Custer, Colorado.
Section 2.12 "Declaration" means this Declaration and the Map, and amendments and supplements to the foregoing.
Section 2.13 "Executive Board" means the governing body of the Association.
Section 2.14 "First Mortgage" means any Mortgage that is not subject to any monetary lien or encumbrance except liens for taxes or other liens that are given priority by statute.
Section 2.15 "First Mortgagee" means any person named as a mortgagee or beneficiary in any First Mortgage, or any successor to the interest of any such person under such First Mortgage.
Section 2.16 "Manager" means a person or entity engaged by the Association to perform certain duties, powers or functions of the Association, as the Executive Board may authorize from time to time.
Section 2.17 "Map" means all final Plats of the subdivided Parcels recorded on a phase by phase basis with the Clerk and Recorder, depicting a plan and elevation schedule of the Properw subject to this Declaration and any supplements and amendments thereto.
Section 2.18 "Member" means every person or entity that holds membership in the Association.
Section 2.19 "Mortgage" means any mortgage, deed of trust or other document pledging any Residential Unit or interest therein as security for payment of a debt or obligation.
Section 2.20 "Mortgagee" means any person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such person under such Mortgage.
Section 2.21 "Owner" means the owner of record, whether one or more persons or entities, of fee simple title to any Residential Unit, and "Owner" also includes the purchaser under a contract for deed covering a Residential Unit with a current right of possession and interest in the Residential Unit.
Section 2.22 "Parcel" means each platted, numbered and recorded division of vacant land as depicted on the Map.
Section 2.23 "Project" means the common interest community created by this Declaration and as shown on the Map, consisting of the Property and the Common Elements.
Section 2.24 "Property" means the real property described in Exhibit "A" attached hereto, together with such additional property as is subjected to this Declaration in accordance with Article 18.
Section 2.25 "Residential Unit" means one single family dwelling, including stand alone units as well as individual units of multi-family structures, together with the appurtenant interest in the Common Elements.
Section 2.26 "Successor Declarant" means any person or entity to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and Recorder.
Section 2.27 "Supplemental Declaration" means an instrument which annexes property to this Declaration.
Section 2.28 "Supplemental Map" means a supplemental Map of the Project which depicts any change in the Project through a Supplemental Declaration. The initial phase recordings are not supplemental and do not require amendment to this document.
Each capitalized term not otherwise defined in this Declaration or in the Map shall have the same meanings specified or used in the Act.


ARTICLE 3
NAME, DIVISION INTO RESIDENTIAL UNITS, RESTRICTIONS ON USE
Section 3.1 Name. The names of the subdivisions are Mission Plaza P.U.D. Filing No. 1 and Mission Plaza P.U.D. Filing No. 2, which may collectively be referred to as Mission Plaza. The subdivisions are a common interest community pursuant to the Act.
Section 3.2 Association. The name of the Association is Mission Plaza Property Owners' Association, Inc. Declarant has caused the Association to be incorporated as a non-profit corporation under the laws of the State of Colorado.
Section 3.3 Number of Residential Units. The maximum number of Residential Units in the Project is 106, exclusive of parcels annexed to the Project.
Section 3.4 Identification of Residential Units. The identification number of each Residential Unit is shown on the Map.
Section 3.5 Description of Residential Units. Each Residential Unit shall consist of surveyed and platted undeveloped, vacant land.
Section 3.6 Restrictions on Use. Use and enjoyment of each Residential Unit shall be subject to the following restrictions and such additional restrictions as the Executive Board may propose and are accepted by the Owners by a vote of two-thirds of the majority of all Owners:
3.6.1 Dwellings. No permanent Residential Unit shall be built that is less than 1000 square feet of living space, No commercial activity shall be permitted unless approved by the Association.
3.6.2 Resubdivision. No Parcel shall be re-subdivided nor shall any more than the maximum number of Residential Units allowed by State Law or Westcliffe Ordinance be erected on any one Parcel.
3.6.3 Set Backs. No structure may be erected within fifty feet of the right-of-way line of any road within Mission Plaza or within twenty-five feet of any side or rear line.
3.6.4 Association Power. The Association shall have the right and power to prohibit storage or other activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Residential Unit or the Common Elements, if any.
3.6.5 Trash and Rubbish. Rubbish, garbage or other waste shall be kept and disposed of in a sanitary manner, and all containers shall be kept in a clean, sanitary condition.
3.6.6 Nuisances. No owner shall cause or allow the origination of excessive odors or sounds from his property. No owner shall cause or allow any other nuisances of any kind whatsoever to exist on his property.
3.6.7 Animals. Livestock and poultry may be kept for the personal use of each Parcel owner. Animals, livestock or poultry may be kept for commercial purposes only if approved in writing by the Association. Commercial feed lots and swine are prohibited in Mission Plaza.
3.6.8 Motor Vehicles. No motorized vehicle which is either nonoperational or non-licensed shall be kept or stored in Mission Plaza, unless said vehicle is kept or stored in a fully enclosed building.
3.6.9 Temporary Residences. No structure of temporary character, recreational vehicle, camper unit, trailer, basement, tent or accessory building shall be used on any tract as a residence except for vacation camping for periods not to exceed ninety (90) days in any calendar year.
3.6.10 Mobile Homes. Mobile homes and modular homes shall not be permitted on any Parcel within Mission Plaza. Manufactured housing which meets all requirements of the Uniform Building Code and H.U.D. standards may be permitted with the prior approval of the Architectural Committee. All homes must be placed on a permanent foundation.
3.6.11 Land Use. Commercial wood harvesting, mining (including the removal of soil, gravel or rock) is prohibited. To the extent possible the natural vegetation shall be preserved.
3.6.12 Hunting. Hunting on any parcel is expressly prohibited.
3.6.13 Sewage Disposal. Sewage disposal shall be only through central or municipal sewage treatment facilities. All other forms of sewage disposal are expressly prohibited unless a waiver of this provision is obtained from the Executive Board upon demonstration of the reliability, safety, and odor controls on the proposed system to the Executive Boards satisfaction.
3.6.14 Fences. Fences shall not be erected on any parcel within the Association without the approval and consent of the Executive Board. Buried wire and hidden pet control fences transmitting an electric or high frequency signal detectable only through a transmitter are excluded from the approval process, Declarant may construct a fence within the twenty-foot utility easement reserved in Article 7, section 7.2, along the perimeter line of the Property during the period of Declarant control. The cost of constructing the fence shall be borne by Declarant. Declarant shall be responsible for maintaining the fence until Declarant control ends under the terms of the Articles, Bylaws, and this Declaration. When Declarant control ends, any existing fence shall become a Common Element of the Association and shall be maintained by the Association pursuant to the terms of Article 8, section 82, or such fence may be removed at the Association's expense upon a vote of a simple majority of the Owners.
3.6.15 Diversion of Water. Diversion of water from surface creeks, streams, springs or other channels, or through underground wells is expressly prohibited within the Association unless a valid well permit has been obtained by the Owner from the State Water Engineer or a valid water right is adjudicated by a court of competent jurisdiction.
ARTICLE 4

MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS

Section 4.1 The Association. Every Owner of a Residential Unit shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Residential Unit.
Section 4.2 Transfer of Membership. An Owner shall not transfer, pledge or alienate his membership in the Association in any way, except upon the sale or encumbrance of his Residential Unit and then only to the purchaser or Mortgagee of his Residential Unit. The Association shall not create a right of first refusal on any Residential Unit and Owners may transfer ownership of their Residential Units free from any such right.
Section 4.3 Membership. The Association shall have one (1) class of membership consisting of all Owners, including the Declarant so long as Declarant continues to own an interest in a Residential Unit. Except as otherwise provided for in this Declaration, each Member shall be entitled to vote in Association matters as set forth in Article Ill of the Bylaws. Each Owner, including Declarant while Declarant owns any Residential Unit, is subject to all the rights and duties assigned to Owners under the Association Documents.
Section 4.4 Voting. There shall be one vote per Residential Unit.
  1. The owner(s) of each Residential Unit shall have one vote except that the Declarant shall have two votes per residential unit owned until 75% of the Residential Units are sold. In the event improvements have not been constructed on a Parcel, the owner of such undeveloped or partially developed Parcel, including the Declarant as the case may be, shall be considered an owner of a Residential Unit for voting purposes.
  2. If only one of several owners of a Residential Unit is present at a meeting of the Association, the owner present is entitled to cast all the votes allocated to the Residential Unit. If more than one of the owners are present, the votes allocated to the Residential Unit may be cast only in accordance with the agreement of a majority in interest of the owners. There is majority agreement if any one of the owners casts the votes allocated to the Residential Unit without protest being made promptly to the person presiding over the meeting by another owner of the Residential Unit.
Section 4.5 Declarant Control. Declarant shall be entitled to appoint and remove the members of the Association's Executive Board and officers of the Association to the fullest extent permitted under the Act and as may be set forth in the Association's Articles or Bylaws. The specific restrictions and procedures governing the exercise of Declarant(s right to so appoint and remove Directors and officers are set out in the Articles and Bylaws of the Association. Declarant may voluntarily relinquish such power by recording a notice executed by Declarant with the Clerk and Recorder but, in such event, Declarant may at its option require that specified actions of the Association or the Executive Board as described in the recorded notice, during the period Declarant would otherwise be entitled to appoint and remove directors and officers, be approved by Declarant before they become effective.
Section 4.6 Books and Records. The Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances, to Owners and to Mortgagees, current copies of the Association Documents and the books, records and financial statements of the Association prepared pursuant to the Bylaws. The Association may charge a reasonable fee for copying such materials.
Section 4.7 Manager. The Association may employ or contract for the services of a Manager to whom the Executive Board may delegate certain powers, functions or duties of the Association, as provided in the Bylaws of the Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the Executive Board.
Section 4.8 Rights of Action. The Association on behalf of itself and any aggrieved Owner shall be granted a right of action against any and all Owners for failure to comply with the provisions of the Association Documents, or with decisions of the Executive Board made pursuant to authority granted to the Association in the Association Documents. The Owners shall have a right of action against the Association for failure to comply with the provisions of the Association Documents, or with decisions of the Executive Board made pursuant to authority granted to the Association in the Association  In any action covered by this section, the Association or any Owner shall have the right but not the obligation to enforce the Association Documents by any proceeding at law or in equity, or as set forth in the Association Documents, or by mediation or binding arbitration if the parties so agree. The prevailing party in any arbitration or judicial relief shall be entitled to reimbursement from the nonprevailing party or parties, for all reasonable costs and expenses, including attorneys' fees in connection with such arbitration or judicial relief. Failure by the Association or by any Owner to enforce compliance with any provision of the Association Documents shall not be deemed a waiver of the right to enforce any provision thereafter.
Section 4.9 Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents, by the Act, and by the Colorado Nonprofit Corporation Act.
Section 4.10 Notice. Any notice to an Owner of matters affecting the Project by the Association or by another Owner shall be sufficiently given if in writing and delivered personally, by courier or private service delivery, or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner's Residential Unit.
ARTICLE 5

POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION

Except as provided in the Bylaws and the Act, the Executive Board may act in all instances on behalf of the Association, to:
5.1.1 Adopt and amend bylaws and rules and regulations;
5.1.2 Adopt and amend budgets for revenues, expenditures and reserves and collect Assessments;
5.1.3 Hire and terminate managing agents and other employees, agents and independent contractors;
5.1.4 Institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Project;
5.1.5 Make contracts and incur liabilities;
5.1.6 Regulate the use, maintenance, repair, replacement and modification of Common Elements, if any;
5.1.7 Cause additional improvements to be made as a part of the Common Elements, if any;
5.1.8 Acquire, hold, encumber and convey in the name of the Association any right, title or interest to real or personal property, except that Common Elements, if any, may be conveyed or subjected to a security interest only if Members entitled to cast at least eighty percent (80%) of the votes agree to that action and if all Owners of Residential Units to which any Limited Common Element is allocated agree in order to convey that Limited Common Element or subject it to a security interest;
5.1.9 Grant easements, leases, licenses and concessions through or over the Common Elements, if any;
5.1.10 Annex additional property, pursuant to Article 18, which does not result in an increase in Annual Assessments of more than 10% per Owner;
5.1.11 Impose and receive any payments, fees or charges for the use, rental or operation of the General Common Elements, if any;
5.1.12 Impose charges for late payment of Assessments, recover reasonable attorney fees and other legal costs for collection of Assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and after notice and opportunity to be heard, levy reasonable fines for violations of the Association Documents;
Impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid Assessments;
5.1.14 Provide for the indemnification of its officers and Executive Board and maintain and officers' liability insurance;
5.1.15 Assign its right to future income, including the right to receive Assessments;
5.1.16 Exercise any other powers conferred by the Declaration or Association Bylaws;
5.1.17 Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association; and
5.1.18 Exercise any other powers necessary and proper for the
governance and operation of the Association.
ARTICLE 6
MECHANICS LIENS
Section 6.1 No Liability. If any Owner shall cause any material to be furnished to his Residential Unit or any labor to be performed therein or thereon, no Owner of any other Residential Unit shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his Residential
Section 6.2 Indemnification. If, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the Common Elements, if any, or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner or Owners, within twenty (20) days after the date of filing thereof, and further shall indemnify and hold all the other Owners and the Association harmless from and against any and all costs, expenses, claims, losses or damages including, without limitation, reasonable attorneys' fees resulting therefrom.
Section 6.3 Association Action. Labor performed or materials furnished for the Common Elements, if any, if duly authorized by the Association in accordance with this Declaration or its Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements, if any. Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against an individual Residential Unit or Units.
ARTICLE 7

EASEMENTS AND RESTRICTIONS

Section 7.1 Recorded Easements and Restrictions. The Property shall be subject to all easements and restrictions as shown on any Map or plat, those of record, those provided in the Act (including easements for encroachment set forth in Section 214 of the Act and an easement for maintenance of any such encroachment), and otherwise as set forth in this Article.
Section 7.2 Utility Easements. There is hereby created an easement upon, across, over, in and under 10 feet on each side of the common side and interior rear of the structure containing one or more Residential Units lines and 20 feet on the interior side of Residential Unit lines on the perimeter of the Propetty for ingress and egress, installation, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, gas, telephone, cable TV, electricity, and fences. Said easement includes future utility services not presently available to the Residential Units which may reasonably be required in the future. By virtue of this easement, it shall be expressly permissible for the companies providing utilities to erect and maintain the necessary equipment on any of the Residential Units and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across and under the roofs and exterior walls of the improvements, all in a manner customary for such companies in the area surrounding the Property, subject to approval by the Association as to locations.
Section 7.3 Reservation of Easements, Exceptions and Exclusions. The Association is hereby granted the right to establish from time to time, by declaration or otherwise, utility and other easements, permits or licenses over the Common Elements, if any, for the best interest of all the Owners and the Association. Each Owner is hereby granted a perpetual non-exclusive right of ingress to and egress from the Owner's Residential Unit over and across the General Common Elements, if any, and Limited Common Elements, if any, appurtenant to that Owner's Residential Unit, which right shall be appurtenant to the Owner's Residential Unit, and which right shall be subject to limited and reasonable restriction on the use of Common  if any, set forth in writing by the Association.
Section 7.4 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties.
Section 7.5 Round Mountain Water & Sanitation District Special Use Area. The Property is located within a Special Use Area of the Round Mountain Water & Sanitation District and may be subject to higher rates and/or restricted uses not applicable to other areas of said District in accordance with Round Mountain Water & Sanitation District Resolution Number 1-1984, as amended.
ARTICLE 8

MAINTENANCE

Section 8.1 Maintenance by Owners. Each Owner shall maintain and keep in repair his Residential Unit and any structures or buildings thereon, including the fixtures thereof to the extent current repair shall be necessary in order to avoid damaging other Owners.
Section 8.2 Maintenance by Association. The Association shall be responsible for the maintenance and repair of the Common Elements, and particularly the streets, (unless necessitated by damage caused by the negligence, misuse or tortious act of a Owner or Owner's Agent) including any drainage structure or facilities and any fences constructed by Declarant within the utility easement reserved in Article 7, Section 7.2 for Residential Units with perimeter lot lines, and such maintenance and repair shall be the Common Expense of all Owners. This maintenance shall include, but shall not be limited to, upkeep, repair and replacement, subject to any insurance then in effect, of all landscaping, walls, fences, gates, signage, irrigation systems, sidewalks, driveways and improvements, if any (which shall include without limitation snow removal services unless performed by another private or public organization formed for such purposes), located in the Common Elements, if any. In the event the Association does not maintain or repair the Common Elements, if any, Declarant shall have the right, but not the obligation, to do so at the expense of the Association.
Section 8.3 Association Maintenance as Common Expense. The cost of maintenance and repair by the Association shall be a Common Expense of all of the Owners, to be shared by each Owner equally.

ARTICLE 9 INSURANCE

Section 9.1 General Insurance Provisions. The Association shall acquire and pay for, out of the assessments levied under Article 10 below, any insurance policies required by the Colorado Common Interest Owners Act and such other insurance as the Executive Board may, within discretion, determine desirable for the protection of the Common Elemenb if any. Such insurance shall conform to the requirements set forth in C.R.S. 538-33.3-313(4)(a)-(d). An insurance policy issued to the Association does not obviate the need for Owners to obtain insurance for their own benefit.
Section 9.2 Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses.
Section 9.3 Fidelity Insurance. Fidelity insurance or fidelity bonds must be maintained by the Association to protect against dishonest acts on the part of its officers, directors, trustees, independent contractors and employees and on the part of all others including any manager hired by the Association, who handle or are responsible for handling the funds belonging to or administered by the Association. In addition, if responsibility for handling funds is delegated to a Manager, such insurance must be obtained by or for the Manager and its officers, employees and agents, as applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain waivers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar terms or expressions.
Section 9.4 Workers' Compensation Insurance. The Executive Board shall obtain workers' compensation or similar insurance with respect to its employees, if applicable, in the amounts and forms as may now or hereafter be required by law.
ARTICLE 10
ASSESSMENTS
Section 10.1 Obligation. Each Owner, including Declarant while an Owner of any Residential Unit, is obligated to pay to the Association (1) the Annual Assessments; (2) Special Assessments; and (3) Default Assessments.
Section 10.2 Budget. Within thirty (30) days after the adoption of any proposed budget for the Association by the Executive Board pursuant to the terms of Article Il, section 2.2 of the Bylaws, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Executive Board. The Executive Board shall adopt a budget and submit the budget to a vote of the Owners pursuant to the provisions in the Bylaws. The Executive Board shall levy and assess the Annual Assessments in accordance with the annual budget.
Section 10.3 Annual Assessments. Annual Assessments made for Common Expenses shall be based upon the estimated cash requirements as the Executive Board shall from time to time determine to be paid by all of the Owners. Estimated Common Expenses shall include, but shall not be limited to, the cost of routine maintenance and operation of the Common Elements, if any, expenses of management and insurance premiums for insurance coverage as deemed desirable or necessary by the Association, landscaping of the Property, care of grounds within the Common Elements, if any, routine repairs, replacements and renovations within and of the Common Elements, if any, wages, common water and utility charges for the Common Elements, if any, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, payment of any default remaining from a previous assessment period, and the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance deductibles and general, routine maintenance, repairs and replacement of improvements within the Common Elements, if any, on a periodic basis, as needed.
Annual Assessments shall be payable in monthly installments on a prorated basis in advance and shall be due on the first day of each month. The omission or failure of the Association to fix the Annual Assessments for any assessment period shall not be deemed a waiver, modification or release of the Owners from their obligation to pay the same. The Association shall have the right, but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year.
Section 10.4 Apportionment of Annual Assessments. The Common Expenses shall be allocated among the Residential Units equally for Common Expenses in effect on the date of assessment.
Section 10.5 Special Assessments. In addition to the Annual Assessments, the Association may levy in any fiscal year one or more Special Assessments, 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 replacement of improvements within the Common Elements, if any, or for any other expense incurred or to be incurred as provided in this Declaration. This Section 10.5 shall not be construed as an independent source of authority for the Association to incur expense, but shall be construed to prescribe the manner of assessing expenses authorized by other sections of this Declaration. Any amounts assessed pursuant to this Section shall be assessed to Owners according to their Allocated Interests for Common Expenses, subject to the right of the Association to assess only against the Owners of affected Residential Units any extraordinary maintenance, repair or restoration work on fewer than all of the Residential Units shall be borne by the Owners of those affected Residential Units only, and any extraordinary insurance costs incurred as a result of the value of a particular Owner's Residential Unit or the actions of a particular Owner (or his agents, servants, guests, tenants or invitees) shall be borne by that Owner. Notice in writing of the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners, and no payment shall be due less than ten (10) days after such notice shall have been given.
Section 10.6 Default Assessments. All monetary fines assessed against an
Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Residential Unit which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least ten (10) days prior to the due date.
Section 10.7 Effect of Nonpayment; Assessment Lien. Any Assessment installment, whether pertaining to any Annual, Special or Default Assessment, which is not paid on or before its due date shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions:
  1. Assess a late charge for each delinquency in such amount as the Association deems appropriate;
  2. Assess an interest charge from the due date at the yearly rate of eighteen percent (18%), or such other lawful rate as the Executive Board may establish;
  3. Suspend the voting rights of the Owner during any period of delinquency;
  4. Suspend the rights of the Owner, and the Owner(s family, guests, lessees and invitees, to use Common Element facilities during any period of delinquency;
  5. Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once;
  6. Bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and
  7. Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Residential Unit shall constitute a lien on such Residential Unit. The Association may institute foreclosure proceedings against the defaulting Owner's Residential Unit in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorneVs fees incurred in connection with the enforcement of the lien. The Association shall have the power to bid on a Residential Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
Section 10.8 Personal Obligation. Each Assessment against a Residential Unit is the personal obligation of the person who owned the Residential Unit at the time the Assessment became due and shall not pass to successors in title unless they agree to assume the obligation. No Owner may exempt himself from liability for the Assessment by abandonment of his Residential Unit or by waiver of the use or enjoyment of all or any part of the Common Elements, if any. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, and all reasonable attorneys fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration.
Section 10.9 Payment by Mortgagee. Any Mortgagee holding a lien on a Residential Unit may pay any unpaid Assessment payable with respect to such Residential Unit, together with any and all costs and expenses incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Residential Unit for the amounts paid with the same priority as the lien of the Mortgage.
Section 10.10 Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Executive Board and upon fourteen (14) days' written request to the Association's registered agent by personal delivery or certified mail, first-class postage prepaid, return receipt, any Owner, designee of Owner, Mortgagee, prospective Mortgagee or prospective purchaser of a Residential Unit shall be furnished with a written statement setting forth the amount of the unpaid Assessments, if any, with respect to such Residential Unit. Unless such statement shall be issued by personal delivery or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party (in which event the date of posting shall be deemed the date of delivery) within fourteen (14) days after receipt of the request, the Association shall have no right to assert a lien upon the Residential Unit over the inquiring party's interest for unpaid Assessments which were due as of the date of the request.
Section 10,11 Maintenance Accounts; Accounting. If the Association delegates powers of the Executive Board or its officers relating to collection, deposit, transfer or disbutsement of Association funds to other persons or to a manager, then such other persons or manager must (a) maintain all funds and accounts of the Association separate from the funds and of other associations managed by the other person or manager, (b) maintain all reserve and working capital accounts of the Association separate from the operational accounts of the Association, and (c) provide to the Association an annual accounting and financial statement of Association funds prepared by the manager, a public accountant or a certified public accountant.
ARTICLE 11
DAMAGE OR DESTRUCTION
Section 11.1 The Role of the Executive Board. Except as provided in Section 8.2, in the event of damage to or destruction of all or part of any Common Elements improvement, or other property covered by insurance written in the name of the Association under Article 9, the Executive Board shall arrange for and supervise the prompt repair and restoration of the damaged property (the property insured by the Association pursuant to Article 9 is sometimes referred to as the "Association-Insured Property").
Section 11.2 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for above, constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as Special Assessments, the remainder to be divided among the Residential Units first to the Mortgagees and then to the Owners, as their interests appear.
ARTICLE 12

CONDEMNATION

Section 12.1 Rights of Owners. Whenever all or any part of the Common Elements shall be taken by any authority having power of condemnation or eminent domain or whenever all or any part of the Common Elements is conveyed in lieu of a taking under threat of condemnation by the Executive Board acting as attorney-in-fact for all Owners under instructions from any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the taking or conveying. The Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by law.
Section 12.2 Partial Condemnation; Distribution of Award; Reconstruction. The award made for such taking shall be payable to the Association for the benefit of the Owners and Mortgagees and, unless otherwise required under the Act, the award shall be disbursed as follows:
If the taking involves a portion of the Common Elements on which improvements have been constructed, then, unless within sixty (60) days after such taking Declarant and Owners who represent at least sixty-seven percent (67%) of the votes of all of the Owners shall otherwise agree, the Association shall restore or replace such Common Elements so taken on the remaining land included in the Common Elements to the extent lands are available for such restoration or replacement in accordance with plans approved by the Executive Board. If such Common Elements are to be repaired or restored, the provisions in Article 11 above regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any Common Elements, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be distributed equally among the Residential Units, first to the Mortgagees and then to the Owners, as their interests appear.
Section 12.3 Complete Condemnation. If all of the Property is taken, condemned, sold or otherwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this Declaration shall terminate, provided that the approval is first obtained of fifty-one percent (51%) of First Mortgagees of Residential Units subject to First Mortgages (which percentage is measured by votes allocated to such Residential Units), and the portion of the condemnation award attributable to the Common Elements shall be distributed as provided in Section 11.2 above.
ARTICLE 13
ASSOCIATION AS ATTORNEY-IN-FACT
Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful attorney-in-fact for the purposes of purchasing and maintaining insurance pursuant to Article 9, including the collection and appropriate disposition 

of the proceeds thereof, the negotiation and settlement of losses and execution of releases of liability, the execution of all documents, and the performance of all other necessary to purchase and maintain insurance as well as dealing with any improvements covered by insurance written in the name of the Association pursuant to Article 9 upon their damage or destruction as provided in Article 11, or a complete or partial taking as provided in Article 12, above. Acceptance by a grantee of a deed or other instrument of conveyance or any other instrument conveying any portion of the Property shall constitute appointment of the Association as the grantee's attorney-in-fact, and the Association shall have full authorization, right and power to make, execute and deliver any contract, assignment, deed, waiver or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney-in-fact.
ARTICLE 14
RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS
Section 14.1 Reservation of Withdrawal Rights. Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to withdraw from the provisions of this Declaration individual Residential Units and/or Common Elements, provided however that none of the real estate may be withdrawn after any Residential Unit has been conveyed by Declarant to a purchaser.
Section 14.2 Other Reserved Rights. Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to: (a) maintain and relocate sales offices, management offices, signs advertising the Project, of any size, on one or more Residential Units and within the General Common Elements so long as Declarant or Successor Declarant continues to be an Owner of a Residential Unit or the period of Declarant control has not terminated and (b) construct a fence within the twenty foot utility easement for Residential Units with perimeter boundary lines as reserved in Article 7, section 7.2 of this Declaration.
Section 14.3 Termination of Rights. The rights reserved to the Declarant for itself, its successors and assigns in this Article shall expire, unless sooner terminated as required by the Act, (A) Sixty days after conveyance of 75 percent of initially designated 106 Residential UniÉ to Owners other than Declarant; (B) Two years after Declarant has ceased to offer Residential Units for sale in the ordinary course of business; (C) Two years after any right to add new Residential Units was last exercised. Any management contracts, contracts or leases between the Association and the Declarant or an affiliate of the Declarant, or any contracts or leases which are not bona fide or were unconscionable to the Owners may be terminated by the Executive Board after the end of the Declarant control upon not less than 90 days notice to the other party.
Section 14.4 Transfer of Records. Within sixty (60) days after the Owners other than the Declarant elect a majority of the members of the Executive Board, the Declarant shall deliver to the Association all property of the Owners and of the Association held by or controlled by the Declarant, including the following:
14.4.1 The original or a certified copy of this recorded Declaration;
14.4.2 An accounting for Association funds and financial statements from the date the Association received funds and ending on the date the period of Declarant control ended;
14.4.3 The Association funds or control thereof;
14.4.4 A copy of any plans and specifications used in the construction of the Common Elements, if any;
14.4.5 All insurance policies in force;
14.4.6 All certificates of occupancy, if any;
14.4.7 Any other permits issued by governmental bodies applicable to the common interest community and which are currently in force or which were issued within one year prior to the date on which Owners other than the Declarant took control of the Association;
14.4.8 Written warranties of any contractors, subcontractors, suppliers, and manufacturers that are still effective;
14A.9 A roster of Owners and mortgagees and their addresses and telephone numbers, if known, as shown in the Declarant's records;
14.4.10 Employment contracts in which the Association is a contracting party; and
14.4.11 Any service contract in which the Association is a contracting party or in which the Association or the Owners have any obligation to pay a fee to the person(s) performing the service.
ARTICLE 15
DESIGN REVIEW
Section 15.1 Purpose and Intent. It is the purpose and intent of the Declarant that property values in Mission Plaza be enhanced and maintained at all times, and it is believed that purpose can be achieved through intelligent architectural and design control of building design, placement and construction, including but not limited to architectural style, shapes, and exterior building colors and materials, and fencing and landscaping. This architectural control will extend to the exterior of buildings and structures, fences, streeÉ, driveways, walks, landscaping and alterations or additions to the Common Elements.
Section 15.2 Authority and Control. No structure, including walls and fences, wells, or sewage disposal systems shall be erected, converted, placed, added or altered on any Parcel until the construction plans and specifications to include materials and colors to be used and a plan showing the location of the structure have been submitted to and approved in writing by the Executive Board of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Executive Board. The review of submitted plans should include consideration of quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to other structures planned, topography and to finished grade elevation. Disapproval of plans and specifications may be based on any ground including purely aesthetic grounds. Structural color schemes will be compatible with the natural environment of Mission Plaza. Natural or earth colors are encouraged. In the event the Executive Board or its designated committee fails to approve or disapprove complete submitted plans within sixty (60) days after receiving said written request, including said complete plans and specifications, approval will not be required, and compliance with this Article will be deemed to have occurred.
ARTICLE 16

MORTGAGEE'S RIGHTS

The following provisions are for the benefit of holders, insurers or guarantors of First Mortgages on Residential Units. To the extent permitted under Colorado law and applicable, necessary or proper, the provisions of this Article apply to this Declaration and also to the Articles, Bylaws and Rules and Regulations of the Association.
Section 16.1 Distribution of Insurance or Condemnation Proceeds. In the event of a distribution of insurance proceeds or condemnation awards allocable among the Residential Units for losses to, or taking of, all or part of the Common Elements, neither the Owner nor any other person shall take priority in receiving the distribution over the right of any Mortgagee who is a beneficiary of a First Mortgage against the Residential Unit.
Section 16.2 Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against Residential Units may, jointly or singularly, pay taxes or other charges which are in default and which may or have become a charge against any Common Elements, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such Common Elements, and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association.
Section 16.3 Audited Financial Statement. Upon written request from any Agency or Mortgagee which has an interest or prospective interest in any Residential Unit or the Project, the Association shall prepare and furnish within ninety (90) days an audited financial statement of the Association for the immediately preceding fiscal year, at the expense of such Mortgagee.
Section 164 Notice of Action. Any First Mortgagee and any Agency which holds, insures or guarantees a First Mortgage, upon written request to the Association (which shall include the AgencVs name and address and the Residential Unit number), will be entitled to timely written notice of:
16.4.1 Any proposed amendment of the Association Documents effecting a change in (a) the boundaries of any Residential Unit or the exclusive easement rights appertaining thereto, (b) the interest in the Common Elements appurtenant to the Residential Unit or the liability of Assessments relating thereto, (c) the number of votes in the Association relating to any Residential Unit, or (d) the purposes to which any Residential Unit or the Common Elements are restricted or any amendment set forth in Section 17.2 below;
16.4.2 Any proposed termination of the common interest community;
16.4.3 Any condemnation loss or any casualty loss which affects a material portion of the Project or which affects any Residential Unit on which there is a First Mortgage held, insured or guaranteed by such Agency;
16.4.4 Any delinquency in the payment of Assessments owed by a Owner subject to the Mortgage where such delinquency has continued for a period of sixty (60) days;
16A.5 Any lapse, cancellation or material modification of any insurance policy maintained by the Association pursuant to Article 9.
Section 16,5 Action by Mortgagee. If this Declaration or any Association Documents require the approval of Mortgagees then, if any Mortgagee fails to respond to any written proposal for such approval within thirty (30) days after such Mortgagee receives proper notice of the proposal (or such longer time as may be set forth in the notice), such Mortgagee shall be deemed to have approved such proposal provided that the notice was delivered to the Mortgagee by certified or registered mail, return receipt requested.
Section 16.6 Liability of First Mortgagee. Notwithstanding any other provision of this Article 16, a First Mortgagee shall not be liable for any assessment, charge, penalty or fine and the lien for any such assessment, charge, penalty or fine shall be junior to any First Mortgage on a Residential Unit taken in good faith, for value, and perfected by recording in the office of the Clerk and Recorder for Custer County, Colorado, prior to the time a lien for failure to pay any such amount is recorded. Any First Mortgagee who acquires title to such Residential Unit by foreclosure or deed in lieu of foreclosure shall acquire title to such Residential Unit free and clear of any lien for unpaid assessments attributable to expenses of the Association arising after the date upon which the First Mortgage receives a deed to the Residential Unit. The Association shall retain the right to collect all unpaid assessments, charges, penalties or fines from any excess bid at foreclosure or from the predecessor Owner pursuant to Article 10, Paragraph 10.8.
ARTICLE 17

DURATION OF COVENANTS AND AMENDMENT

Section 17.1 Term. The covenants and restrictions of this Declaration shall run with and bind the land for twenty years and shall be automatically extended for successive twenty year periods, unless an instrument is signed revoking or terminating the subdivision pursuant to the provisions of Article 17.3 of this Declaration or the Act.
Section 17.2 Amendment. This Declaration, or any provision of it, may be amended at any time by Owners holding not less than sixty-seven percent (67%) of the votes possible to be cast under this Declaration at a meeting of the Owners called for that purpose. Annexation of property which will result in an increase of Annual Assessments to each Owner of less than ten percent (10%) of the Annual Assessments assessed in the previous year shall not require an affirmative vote of the First Mortgagees or the Owners. If approval of the First Mortgagees is required, such approval shall first be obtained from fifty-one percent (51%) of First Mortgagees of Residential Units subject to a First Mortgage (which percentage is measured by votes allocated to such Residential Units). A First Mortgagee shall be entitled to notice and the right to approve amendments, in accordance with Sections 16.4 and 16.5 above, if the amendment to the Association Documents add any material provisions which establish, provide for, govern or regulate any of the following:
17.2.1 Voting;
17.2.2 Increases in Annual Assessments greater than 10% of the Annual Assessments assessed in the previous year, Assessment liens or subordination of such liens;
17.2.3 Reserves for maintenance or repair and replacement of the Common Elements;
17.2.4 Insurance or fidelity bonds;
17.2.5 Reallocation of interests in the Common Elements, or rights to use of the Common Elements;
17.2.6 Responsibility for maintenance and repair of the Project;
Expansion or contraction of the common interest community, the addition or withdrawal of property to or from the common interest community, or annexation except as provided in Article 18;
17.2.8 Boundaries of any Residential Unit;
17.2.9 The interests in the Common Elements;
17.2.10 Convertibility of Residential Units into Common Elements or of Common Elements into Residential Units;
17.2.11 Hazard or fidelity insurance requirements; and
17.2.12 Restoration or repair of the Association (after damage or partial condemnation) other than as specified herein.
Any amendment must be executed by the President of the Association and recorded, and approval of such amendment may be shown by attaching a certificate of the Secretary of the Association to the recorded instrument certifying the approval of a sufficient number of Owners of the amendment. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right and power to modify and amend this Declaration and the Map to the fullest extent permitted under the Act.
Section 17.3 Revocation. This Declaration shall not be revoked nor shall the regime created hereby be terminated (except as provided in Article 11 regarding total destruction and Article 12 regarding total condemnation), without (a) the consent of all of the Owners evidenced by a written instrument duly recorded with the Clerk and Recorder and (b) the consent of sixty-seven percent (67%) of First Mortgagees of Residential Units subject to First Mortgages (which percentage is measured by votes allocated to such Residential Units).
ARTICLE 18
ANNEXATION OF ADDITIONAL PROPERTY
Section 18.1 Annexation with Approval of Executive Board or Owners.
The Executive Board of the Association may annex residential real property whose use is harmonious with the uses of the Property within the Association to the provisions of this Declaration upon request by and with the consent of the owner of such property after the period of Declarant Control, as set forth in Article 14, Section 14.3, has ended. Any such proposed annexation shall be approved by the Executive Board by a vote of a simple majority of a quorum of Directors entitled to vote, as such quorum is defined in the Bylaws, and without notice to or first obtaining the affirmative approval of the majority of the Owners unless the proposed annexation will result in an increase in Annual Assessments to all Ownets of more than 10% of the Annual Assessments assessed in the previous year. In such a case, the Owners shall receive notice of the proposed annexation as provided in Article 4, Section 4.10 and shall be entitled to vote on the proposed annexation. Mortgagees requesting notice under Article 16 of this Declaration shall be notified pursuant to that Article and entitled to vote on any proposed annexation which requires a vote of the Owners as further provided in Article 16. After approval of by the First Mortgagees of Residential Units subject to First Mortgages as set forth in Articles 16 and 17 has been obtained, a twothirds (67%) majority of all of the Owners entitled to cast a vote shall constitute approval of the proposed annexation and corresponding increase in Assessments.
After approval by the Executive Board or the Owners, as the case may be, annexation shall be accomplished by filing a Supplemental Declaration and a Supplemental Map, describing the property being annexed, with the Clerk and Recorder. Any such Supplemental Declaration shall be signed by the President and the Secretary of the Association and by the owner of the annexed property. The owner proposing the annexation shall bear the cost of having a
Supplemental Map of the annexed propeG' prepared by a licensed surveyor. If an affirmative vote of the First Mortgagees and the Owners was required, the Supplemental Declaration and Supplemental Map shall be accompanied by a
certificate of the Secretary of the Association certifying the approval of a sufficient number of First Mortgagees and Owners of the proposed annexation. Any annexation shall be effective upon filing unless otherwise provided in the Supplemental Declaration.
Section 18.2 Acquisition of Additional Common Elements. Declarant may convey additional real estate, improved or unimproved, located within the Association or adjacent thereto, which upon conveyance or dedication to the Association shall be accepted by the Executive Board on behalf of the Association and thereafter shall be maintained by the Association at its expense for the benefit of all its members.
Section 18.3 Amendment. This Article shall not be amended without the written consent of Declarant, so long as the Declarant owns more than 25 percent of the Residential Units.
Section 18.4 Effect. The filing of a Supplemental Declaration and Supplemental Map, annexing property to the Association shall not be construed as an amendment to this Declaration requiring a vote of 67% of the Owners under Article 17, Section 17.2 of this Declaration.
ARTICLE 19
GENERAL PROVISIONS
Section 19.1 Restriction on Declarant Powers. Notwithstanding anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act.
Section 19.2 Enforcement. Except as otherwise provided in this Declaration, the Executive Board, Declarant or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant or by any Owner to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter.
Section 19.3 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 19.4 Conflicts Between Documents. In case of conflict between this Declaration and the Articles and the Bylaws of the Association, this Declaration shall control. In case of conflict between the Articles and the Bylaws, the Articles shall control.
Section 19.5 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall be reduced to a maximum period of time which shall not violate the rule against perpetuities as set forth in the laws of the State of Colorado.

DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  


 

STATE OF COLORADO 
COUNTY OF CUSTER. 
RECORD: NOV 10 1970 AT 3:36 O’CLOCK PM 
RECEPTION NO. 104509 BOOK 165 PAGE 136 
  
DECLARATION OF AGREEMENT 
ESTABLISHING PROTECTIVE COVENANTS  IN SILVER CLIFF HEIGHTS FILING #6 
  

KNOW ALL MEN BY THESE PRESENTS: THAT; 
WHEREAS, LDS, INC. IS THE OWNER OF CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF CUSTER, STATE OF COLORADO, DESCRIBED AS SILVER CLIFF HEIGHTS, FILING #6, AND, 
WHEREAS, THE OWNER DESIRES TO PLACE CERTAIN RESTRICTIONS ON SAID PREMISES FOR THE USE AND BENEFIT OF THEMSELVES AND THEIR GRANTEES, IN ORDER TO ESTABLISH AND MAINTAIN SUCH PREMISES AS A PROTECTED COMMUNITY; 
NOW, THEREFORE, FOR ITSELF AND ITS GRANTEES, LDS, INC., HEREBY PUBLISHES, ADKNOWL.EDGES, DECLARES,AND AGREES WITH, TO AND FOR THE BENEFIT OF ALL PERSONS WHO MAY HEREAFTER PURCHASE AND FROM TIME TO TIME HOLD AND OWN ANY OF THE SAID TRACTS THAT THEY OWN, AND HOLD SAID ABOVE— DESCRIBED TRACTS SUBJECT TO THE FOLLOWING RESTRICTION COVENANTS AND CONDITIONS, ALL OF WHICH SHALL BE DEEMED TO RUN WITH THE LAND AND TO INURE TO THE BENEFIT OF AND BE BINDING UPON THE OWNERS AT ANY TIME OF ANY OF THE SAID TRACTS, THEIR HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, TO—WIT; 
PART A. SPECIAL AGREEMENTS. 
1. CLEARING OF TREES: THERE SHALL BE NO REMOVAL OF TREES FROM ANY LOT EXCEPT THAT WHICH MUST BE REMOVED IN CONNECTION WITH CONSTRUCTION ON THE PROPERTY, LANDSCAPING OR THAT WHICH IS CONSISTENT WITH GOOD CONSERVATION PRACTICES. 
2. EASEMENTS: EASEMENTS FOR INSTALLATION AND MAINTENANCE OF UTILITIES, DRAINAGE FACILITIES, ROADWAYS, BRIDLE PATHS, HIKING TRAILS AND SUCH OTHER PURPOSES INCIDENT TO THE DEVELOPMENT OF THE PROPERTY ARE RESERVED AS SHOWN ON THE RECORDED PLAT. SUCH EASEMENTS WILL BE KEPT OPEN AND 
READILY ACCESSIBLE FOR SERVICE AND MAINTENANCE OF UTILITY AND DRAINAGE FACILITIES. 
3. NUISANCES: NOTHING SHALL BE DONE OR PERMITTED ON ANY TRACT WHICH MAY BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE REASONABLE REQUIREMENTS OF THE NEIGHBORHOOD. NO NOXIOUS OR OFFENSIVE ACTIVITIES SHALL BE CARRIED ON UPON ANY TRACT. 
4. RUBBISH AND REFUSE: RUBBISH, GARBAGE OR OTHER WASTE SHALL BE KEPT AND DISPOSED OF IN AN ORDERLY MANNER SO THAT SUCH MATERIALS SHALL NOT BE VISIBLE TO NOR EXPOSED TO THE OWNERS OF OTHER TRACTS HEREIN. NO TRACT SHALL BE USED FOR DUMPING OF TRASH OR REFUSE. 
PART B. SPECIAL COVENANTS PERTAINING TO RE—SUBDIVISION. 
WHEREAS, ALL TRACTS IN THE PRESENT PLAT ARE IN EXCESS OF FIVE ACRES AND IT IS THE INTENTION OF LDS, INC., THAT ALL OWNERS BE PERMITTED THE MAXIMUM FREEDOM OF USE POSSIBLE OF THEIR INDIVIDUAL TRACTS WHICH DO NOT INFRINGE ON THE RIGHTS OF THE OTHER OWNERS. IT IS UNDERSTOOD, HOWEVER, THAT SOME OF THE TRACTS MAY BE RE—SUBDIVIDED AT SOME FUTURE DATE AND, 
NOW, THEREFORE, THE FOLLOWING COVENANTS AND RESTRICTIONS SHALL APPLY TO ANY TRACT OR LOTS CONSISTING OF LESS THAN FIVE ACRES. 
1. TEMPORARY RESIDENCES. NO STRUCTURE OF TEMPORARY CHARACTER, TRAILER , BASEMENT, TENT OR ACCESSORY BUILDING SHALL BE USED ON ANY TRACT AS A RESIDENCE, TEMPORARILY OR PERMANENTLY, PROVIDED, HOWEVER, FOR SUCH USE AND LOCATION DURING THE CONSTRUCTION PHASE OF THE PERMANENT DWELLING, AND FOR SHORT PERIODS FOR VACATION CAMPING AND VACATION USE. 
2. LIVESTOCK AND POULTRY: NO ANIMALS, LIVESTOCK, OR POULTRY OF ANY KIND SHALL BE RAISED, BRED, OR KEPT ON ANY LOT, EXCEPT HORSES, DOGS, CATS OR OTHER PETS MAY BE KEPT PROVIDED THEY ARE NOT KEPT, BRED OR MAINTAINED FOR ANY COMMERCIAL PURPOSE. 
3. GARBAGE AND REFUSE DISPOSAL. NO LOT SHALL BE USED OR MANTAINED AS A DUMPING GROUND FOR RUBBISH, TRASH, GARBAGE, OR OTHER WASTE SHALL NOT BE KEPT EXCEPT IN SANITARY CONTAINERS. ALL INCINERATORS OR OTHER EQUIPMENT FOR THE STORAGE OR DISPOSAL OF SUCH MATERIAL SHALL BE KEPT IN A CLEAN AND SANITARY CONDITION. 
4. COUNTY, STATE, OR FEDERAL REGULATIONS: ALL COUNTY, STATE OR FEDERAL REGULATIONS PERTAINING TO PUBLIC HEALTH, WELFARE AND LAND USE MUST BE COMPLIED WITH. 
PART C. GENERAL PROVISIONS. 
1. TERMS OF COVENANTS. EACH OF THE COVENANTS, RESTRICTIONS, AND RESERVATIONS SET FORTH HEREIN SHALL CONTINUE TO BE BINDING FOR A PERIOD OF TEN YEARS FROM THE DATE OF FILING HEREOF IN THE OFFICE OF THE CLERK 
AND RECORDER OF CUSTER COUNTY, COLORADO, AND SHALL AUTOMATICALLY BE CONTINUED THEREAFTER FOR SUCCESSIVE PERIODS OF TEN YEARS EACH PROVIDED, HOWEVER, THAT THE OWNERS OF SEVENTY—FIVE PERCENT OF THE LOTS WHICH ARE SUBJECT TO THESE COVENANTS MAY RELEASE ALL OR PART OF THE LAND SO RESTRICTED FROM ANY ONE OR MORE OF SAID RESTRICTIONS, OR MAY CHARGE OR MODIFY ANY ONE OR MORE OF SAID RESTRICTIONS BY EXECUTING AND ACKNOWLEDGING AN APPROPRIATE AGREEMENT OR AGREEMENTS IN WRITING FOR SUCH PURPOSES AND FILING THE SAME IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF CUSTER COUNTY, COLORADO, AT LEAST ONE YEAR PRIOR TO THE EXPIRATION OF THE FIRST TEN—YEAR PERIOD, OR ONE YEAR PRIOR TO THE EXPIRATION OF ANY SUCCESSIVE TEN—YEAR PERIOD THEREAFTER. 
2. ENFORCEMENT. ENFORCEMENT SHALL BE BY PROCEEDINGS IN LAW OR IN EQUITY AGAINST ANY PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE ANY COVENANT EITHER TO RESTRAIN VIOLATION OR TO RECOVER DAMAGES. 
3. SEVERABILITY. INVALIDATION OF ANY ONE OF THESE COVENANTS BY JUDGMENT OR COURT ORDER SHALL IN NO WISE EFFECT ANY OF THE OTHER PROVISIONS WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. 
IN WITNESS WHEREOF, THE SAID OWNERS HAVE HEREUNTO SET THEIR HANDS AND SEALS ON THIS 2ND DAY OF NOVEMBER 1970. 
LDS, INC 
PAUL DWYER PRESIDENT  JERRY D. HILL SECRETARY 
STATE OF COLORADO, COUNTY OF EL PASO: THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 2ND DAY OF NOVEMBER, 1970. WITMESS MY HAND AND OFFICIAL SEAL.MY COMMISSION EXPIRES MARCH, 18, 1973.   


DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  
 

Declaration of Protective Covenants for Spread Eagle Springs and Spread Eagle Pines
Custer County, Colorado Amended August 30, 2003 

 
 
ARTICLE ONE 
 
Property Subject to this Declaration of Protective Covenants. ROBERT C. NELSON, GARY E. CHUBB, JANET CHUBB, DONALD D. CHUBB, AND KAROLYN CHUBB (“Declarant”) are the owners of all of the property within the subdivisions “Spread Eagle Springs” and “Spread Eagle Pines” in Custer County, Colorado.  The real property which is, and shall be conveyed, developed, occupied, used, and sold subject to the conditions, covenants, restrictions, reservations and easements as set forth within the various clauses and covenants of this declaration is the real property located within the plat of Spread Eagle Springs and Spread Eagle Pines. 
 
 
ARTICLE TWO 
 
General Purpose and Definitions 
 
A.  The real property described in Article One hereof is subject 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; to protect the owners of dwelling sites against an improper use which will depreciate the value of property within the aforesaid plat; 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, energy efficient and water conserving dwellings thereon; and in general to create and keep the subdivisions, insofar as possible, desirable, attractive, beneficial, and suitable in architectural design, materials and appearance, and to guard against fires and unnecessary interference with the natural beauty of the subdivision and to provide adequately for the 
 2 
improvement of said property all for the mutual benefit and protection of the owners of property in the subdivision. 
 
B.  As used herein the following works and terms shall have the following meanings: 
 
1. “Subdivision” shall mean the land described in Article One.  Declarant may amend Article One to include all or any part of the lands located in the area of the subdivision presently owned or subsequently acquired by Declarant.  
 
2. The term “subdivided lands” shall include all lands platted in the Spread Eagle Springs, Spread Eagle Pines, and all lands contained in future plats of land of the Declarant. 
 
3. “Lot” shall mean any lot in any plat of the subdivided lands. 
 
4. “Single Family Residence” shall mean a single-family residential building together with its out buildings.  “Out building” shall mean an enclosed, covered building to be used as a caretaker’s house, guest house, ranch hands or farm hand house, garage or such other buildings for storage purposes not directly attached to the main structure which it serves.  The use and total number of the approval of such “out buildings” shall be subject to Architectural Control Committee. 
 
5. “Architectural control Committee” shall mean the committee established by the Declarant in these Covenants. 
 
 
ARTICLE THREE 
 
Covenants and Conditions 
 
A. Land Use and Building Type 
 
All dwellings erected on any lot covered by these covenants, must be of the type that is constructed “on-site”.  Travel homes, mobile homes or homes that are pre-fabricated off site and moved in for erection will not be allowed in this subdivision.  No building site shall be used 
 3 
except for the purposes indicated on the plat of the subdivisions and on all plats of subdivided lands.  No trailer, motor or mobile home, tent, shack, garage, barn, or other out building erected on a building site covered by these covenants shall at any time be used for private habitation, temporarily or permanently, except for a period not to exceed 2 months, unless approved in writing by the Architectural Control Committee.  This covenant shall not apply to Declarant, its agents, servants and employees during the period of the development of the subdivisions and the sale of the lots therein. 
 
B. Approval of Construction Plans   1. No building or other structure shall be constructed, erected, maintained on any lot, nor shall any addition thereto or change or alteration therein be made, nor shall any site preparation (tree cutting, excavation, road construction, etc.) be done, unless it complies with the Custer County, Colorado zoning resolutions in existence with respect to the property and until the complete plans and specifications (including, but not limited to, the floor plan, elevations, plot plan, grading and landscaping plans, provisions for off-street parking, the specifications of principal exterior materials, color schemes and the locations, character, and method or utilization of all utilities) have been submitted to the Architectural Control Committee, and a Certificate of Approval has been issued to the lot owner by said committee.  A Certificate of Approval signed by the Chairman or ViceChairman of the Architectural Control Committee shall be sufficient to show compliance with this Article.  Each building or other structure shall be constructed, reconstructed, erected, repaired, and maintained in strict accordance with the approved plans and specifications.    2. In passing upon all such plans and specifications, the Architectural Control Committee shall take into consideration (a) the suitability of the proposed building or other structure and the materials of which it is to be erected, (b) the harmony thereof which the surroundings and the (c) effect of the building or other structure, as planned, on the view from adjacent or neighboring lots.  The Architectural Control Committee shall use reasonable judgment in passing upon all such plans and specifications, but shall not be liable to any persons for its actions in connection with submitted plans and 
 4 
specifications unless it is shown that it acted with malice or wrongful intent. 
 
3. Each property owner, his heirs, assigns and legal representatives hereby releases and covenants not to sue the Architectural Control Committee or any member thereof for any negligence in either the denial or the granting of its approval for any plans submitted for its review.  Further, the approval of such plans by the Architectural Control Committee is not, and shall not be construed as an assertion that such plans reflect designs that are safe or in any way free from design defects or that construction in accordance with such plans will necessarily result in compliance with any applicable codes. 
 
4. The Architectural Control Committee shall act upon the plans and specifications submitted to it within 30 days after such submittal.  Such action may be approval, denial or the request for additional information.  If within such 30 day period the Architectural Control Committee rejects such plans or requests changes therein and the plans are resubmitted, the Architectural Control Committee shall again have 30 days upon which to act upon such plans and specifications. 
 
 
C.  Minimum Floor Area and Building Heights 
 
1. No single-family residential structure shall be permitted on  any building site covered by these covenants, the habitable floor area of which, exclusive of basement, porches, and garages, is less than 1000 square feet on the first level, nor less than 1,600 square feet total habitable floor area, provided however, dwellings whose masses are generally parallel to the natural terrain of the land are encouraged and the Architectural Control Committee shall have authority to waive the minimum limitation of 1000 square feet on the first level, providing always that the maximum height of any building shall not be in excess of that allowed by the Custer County Zoning Resolution. 
 
 2. No single family dwelling shall be permitted on a single family lot at an appraised value of less than $165,000.00, exclusive of the 
 5 
cost of the lot, based upon cost levels prevailing on the date the Certificate of Approval is granted. 
 
D.  Building Location and Sitting 
 
There shall be no general rule for the location of improvements with relation to property lines, but the location of such improvements shall receive the advance approval of the Architectural Control Committee. 
 
E.  Fences 
 
No fence, wall or similar type barrier of any kind shall be constructed, erected, or maintained on any lot for any purpose whatsoever, except such fences, walls or barriers as may be approved by the Architectural Control Committee. 
 
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 2 square feet designating the owner of any building site, one sign of not more than 5 square feet advertising the property for sale or rent, and except temporary signs used by Declarant, or its agent to advertise property in Spread Eagle Springs or Spread Eagle Pines.  No commercial signs (type and size) shall be erected or constructed until approved by the Architectural Control Committee. 
 
G.  Easements 
 
Easements and rights-of-way as described on the recorded plats of Spread Eagle Springs and Spread Eagle Pines have been dedicated for poles, wires, pipes, and conduits for electricity, gas, telephones, sewer, drainage water, snow removal and other utility and public road purposes.  No dwelling, improvement, material, equipment, or refuse shall be placed on any part of said easements and rights-of-way shown on the plat so as to interfere with the use thereof as dedicated. 
 
 
 
 
 6 
H.  Garbage and Refuse Disposal and Inoperative vehicles 
 
No part of the property above or below ground shall be used or maintained as a dumping ground for refuse, trash, garbage, debris, or other waste; at all times the property shall be maintained in a sanitary condition.  A garbage disposal shall be installed at the time of construction in every dwelling unit.  It shall be the responsibility of the owners to maintain a garbage disposal in operating condition at all times.  Each property owner shall provide suitable receptacles for the temporary storage and collection of refuse and all such receptacles shall be screened from public view and protected from disturbance.  These restrictions also apply to contractors during periods of construction.  No motor vehicle of any type shall be permitted to remain on the property in a non-operating condition for more than 30 days in any calendar year, unless stored in a garage.  Any such vehicle, which does not display current and valid license plates, shall be deemed to be in a “non-operating condition”.  
 
I.  Trees 
 
Spread Eagle Springs and Spread Eagle Pines residents are encouraged to maintain natural plants and growth on their property.  Approval must be obtained from the Architectural Control Committee to cut down or clear trees or shrubs on homesites. 
 
J.  Re-subdividing 
 
Further subdividing of any lot in the Spread Eagle Springs or Spread Eagle Pines is not allowed during the period covered by the covenants. 
 
K.  Domestic Animals and Pets 
 
Domestic animals generally recognized as house or yard pets can be maintained on any lot.  If an owner chooses to keep house or yard pets, said owner shall at all times have them under his or her control whether or not within the owner’s Lot or Unit.  Animals shall not be permitted to run at will, and at the option of the Architectural Control Committee, steps may be taken to control any animals not under the immediate control of their owners, including the right to impound 

animals not under such control and charge reasonable fees to their owners for their return.  The Declarant shall have the right to adopt further rules and regulations to enforce this provision. 
 
L.  Home Occupation 
 
Certain home occupations shall be allowed provided that all home occupations are subject to the prior review and approval of the Architectural Control Committee. 
 
M.  Noxious or Offensive Activity 
 
No noxious or offensive activity shall be carried on within any lot or any of the Units nor shall anything be done or permitted which will constitute a public nuisance therein, nor shall any firearms be discharged within the subdivision.  Firearms as used herein shall be construed to mean not only rifles and pistols and cannons, but fireworks, explosives, air rifles, BB guns or similar devices. 
 
N.  Horses 
 
These Protective Covenants strictly prohibit the maintenance of horses on any lot in this subdivision. 
 
O.  Continuity of Construction 
 
All structures commenced in these subdivisions shall be completed with reasonable diligence but in any event must be completed within 9 months of issuance of building permit unless an extension of time is approved in writing by the Architectural Control Committee. 
 
P. Trailbikes, Motorbikes, Motorcycles, Snowmobiles and other off the road vehicles 
 
The use of trailbikes, motorbikes, motorcycles, snowmobiles or other similar off the road type vehicles are specifically prohibited from the equestrian and pedestrian easements as designated on any plat.  The use of these vehicles on individual lots is allowed provided that the use of such vehicles does not create a noxious, offensive or environmentally degrading activity or a public nuisance. 
 8 
 
The Architectural Control Committee shall have the right to adopt further rules and regulations to enforce this provision. 
 
Q.  Landscaping 
 
1. Landscaping must follow the existing natural appearance of the property. 
 
2. Enhancement of the natural landscape, where desirable, is encouraged but the landscape materials should generally be limited to indigenous species. 
 
3. Natural landscaping, using native grasses and wild flowers is encouraged.  Trees and shrubs may not be trimmed or pruned to an unnatural shape.  Mounding of earth for environmental effect may be done.  The use of manufactured materials, such as artificial turf, is prohibited.  All natural surface areas disturbed by construction shall be returned promptly to their natural condition and replanted for environmental effect (i.e. summer cooling, winter wind shielding) is encouraged.  All landscape plans are subject to the approval of the Architectural Control Committee. 
 
R.  Water 
 
The water available within the subdivision shall under no circumstances be used for irrigation, yard watering, or livestock.  The owners of any lot or unit in any plat of subdivided lands, their agents, servants, employees, guests, and invitees shall comply with all of the provisions of any water decree affecting the subdivided lands. 
 
S.  Maintenance 
 
All improvements constructed within the subdivision shall be maintained by the property owner in an attractive condition. 
 
 9 
T.  Oil and Mining Operations 
 
No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any lot.  No derrick or other structure designated for the use in boring for oil or natural gas shall be erected, maintained or permitted upon a lot. 
 
U.  Obstructions to Vision at Intersections   No fence, wall, hedge, tree or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner tract within the triangular area formed by the street property lines and a line connecting them at a point 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property line extended.  The same site-line limitation shall apply on any tract within 10 feet from the intersection of a street property line with the edge of a driveway or access road on any tract. 
 
V.  Water and Sewage 
 
1. All water wells and sewage disposal systems placed upon any tract shall comply with the zoning requirements of Custer County and the State of Colorado Health Department.  No sewage tank or field system shall be nearer than 50 feet to any tract line except with the consent of the Architectural Control Committee, and no sewage, wastewater, trash, garbage or debris shall be emptied, discharged or permitted to drain into any body of water in or adjacent to the subdivisions.  No outside toilets or privies shall be permitted on any tract.  All toilet facilities must be a part of the residence or garage and shall be of a modern flush type and connected with a proper sewage tank system. 
 
2. Water wells.  Any well shall be used for domestic purposes only in accordance with the laws of the State of Colorado, and no irrigation will be allowed. 
 10 
3. Sewage.  A permit for the construction and installation of an on site sewage system on any lot in Spread Eagle Springs or Spread Eagle Pines, such as a conventional septic tank and leach field, must be obtained through the Custer County Zoning/Health Officer.  Soils and percolation factors must meet the standards for such systems as prescribed by the State of Colorado Department of Health.  In the event that soil conditions preclude the use of a conventional leach field at the desired location, then approval through the Custer County Zoning/Health Officer must be obtained for the installation of an alternate type of individual sewage system such as an Aerobic type system, which is approved by the State of Colorado Department of Health. 
 
W.  Fire Prevention 
 
The following prevention measures shall be adhered to and complied with throughout Spread Eagle Springs and Spread Eagle Pines: 
 
1. All chimneys and fireplaces shall have a protective wire screen inside the chimney near the top to prevent any burning/ignited particles from escaping said chimney. 
 
2. All structures shall be designed and constructed to prevent the accumulation of trash and debris underneath the structure. 
 
3. Reasonable preventions shall be taken against all fire hazard, and no outdoor burning of any kind shall be permitted upon the premises (except for cooking) unless in an approved incinerator with ash control. 
 
4. At least a ¾ inch outside hydrant connected to the main service line, with appropriate length hose and nozzle connected and stored. 
 
X.  Driveways 
 
Culverts in size as prescribed by the Custer County Department of Roads, but in no event less than 1 foot in diameter, must be installed 
 11 
at road entrance driveways in all instances in which proper drainage would 
 at road entrance driveways in all instances in which proper drainage would otherwise be obstructed. 
 
Y. Drainage 
 
Nothing shall be done on any lot which will obstruct or prevent the natural and/or proper flow of drainage.  Also, no earth work shall be done within the subdivision which would destroy or damage the function of existing soil erosion earth construction.  Further, no dwelling or residence shall be sited in a natural drainage area or an area subject to inundation as determined by the Architectural Control Committee. ARTICLE FOUR 
 
Spread Eagle Home Owners Association 
 
A.  Membership 
 
For the purpose of promoting the health, safety, and welfare of the owners of the lots within the subdivision and all lots in plats which have protective covenants similar to these protective covenants and in which the owners of the lots are made members of the Spread Eagle Home Owners Association each and every person, upon becoming an owner, in any of the said subdivided lands agrees to and shall be a member of and be subject to the obligations and receive the benefits of the Articles of Incorporation of the “Spread Eagle Home Owners Association, Inc.” and the by-laws of said Association. 
 
B.  Assessments 
 
Payment of dues and assessments to the Association shall be in such amounts and at such times as may be determined by the Association. 
 
C.  Lien for Assessments 
 
1. If any owner shall fail or refuse to make any payment of dues or assessment when due, the amount thereof shall constitute a lien upon the defaulting owner’s property.  Upon the 
 12 
recording of notice thereof by the Association in the office of the County Clerk and Recorder of Custer County, Colorado, such lien shall then be perfected upon such owner’s property.  Such a lien shall be a first and prior lien over all other liens and encumbrances except general ad valorem taxes, and special assessments of any taxing authority in the State of Colorado. 
 
2. The Association shall send a notice, postage prepaid, to any mortgagee or beneficiary of any deed of trust unreleased at the time the lien of the Association was recorded advising such mortgagee or beneficiary that the Association has perfected a lien on the property upon which he has a mortgage or deed of trust and the amount of such lien and further advising the mortgagee or beneficiary that the Association will not foreclose its lien until at least 30 days after the date of depositing such notice in the United States mails. 
 
3. Any mortgagee or beneficiary may pay any delinquent dues or assessment with respect to such property. 
 
4. The lien provided for in this section shall be in favor of the Association and shall be for the benefit of all other property owners, and may be foreclosed by an action brought in the name of the Association in a like manner as a mortgage of real property.  In any such foreclosure, the owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorney fees.  The owners shall also be required to pay the Association all assessments for the property during the period of foreclosure, and the Association shall be entitled to a Receiver to collect the same.  The Association acting on behalf of the property owners shall have the power to bid in the interest so foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. 
 
 13 
5. The Association and its officers and directors shall not be liable or accountable in damages for any action taken pursuant to the provisions of this Declaration. 
 
D.  Certificate of Assessments 
 
Upon payment of a reasonable fee not to exceed $25.00 and upon the written request of any owner, mortgagee, prospective owner or prospective mortgagee of a Lot, the Association, by its financial officer, shall issue a written Certificate setting forth the amount of unpaid dues and assessments, if any, with respect to the subject Lot; the amount of the current assessment and the date upon which such assessment becomes due; and credit for advanced payments of such assessment becomes due; and credit for advanced payments or for prepaid items if any.  Such Certificate shall be conclusive upon the Association in favor of all persons who rely thereon in good faith.  Unless such request for a Certificate of Assessments be complied within 10 days of the receipt of the request, then (a) in the case of a request by a mortgagee or prospective mortgagee, all unpaid dues and assessments which become due prior to the date of making such request shall be subordinate to the lien of said mortgagee or prospective mortgagee, or (b) in the case of a request by a prospective grantee, he shall not be liable for, nor shall the Lot conveyed by subject to a lien for any unpaid dues and assessments or expenses which become due prior to the date of making such request.  No failure to comply with such request, if made by the owner, shall relieve him from personal liability for, or the subject property from the lien for, any unpaid dues and assessments or expenses which become due prior to the date of making such request.  No failure to comply with such request, if made by the owner, shall relieve him from personal liability for, or the subject property from the lien for, any unpaid dues and assessments or expenses.  The provisions contained in this paragraph shall not apply upon the initial transfer of any Lot by Declarant. 
 
 
 14 
ARTICLE FIVE 
 
Architectural Control Committee 
 
The Architectural Control Committee shall consist of Robert C. Nelson, Donald D. Chubb, Karolyn Chubb, Ronald L. Albritton and Glenda B. Albritton.  A majority of the Committee may delegate a representative to act for it.  In the event of the death or resignation of any member of the Committee, the Board of Directors of the Spread Eagle Home Owners Association, Inc. shall appoint a replacement.  The members of the Committee shall not be entitle to any compensation for services performed pursuant to these covenants, nor shall any member of said Committee, its representative or their successors be liable in damages for any error in judgment. 
 
 
ARTICLE SIX 
 
Violation, Enforcement, Term and Severability of Covenants 
 
A.  A Violation of Covenants Whenever there shall have been built on any lot a structure which is in violation of these covenants or restrictions herein contained, such persons as are authorized by the Board of Directors of Spread Eagle Home Owners Association, Inc., the Declarant, and the Architectural Control Committee, or any one of them, shall have the right to enter upon the property as to which such violation exists and to summarily abate and remove at the expense of the owners thereof any erection, thing or condition that may exist thereon contrary to the intent and meaning of the provisions thereof; and Association, its agents and assigns shall not thereby be deemed guilty of any manner of trespass for such entry, abatement, or removal.  The costs and expenses of such entry, abatement, and removal shall become a lien upon the lot upon the recording by the Association of a sworn statement with respect thereto in the Custer County real property records.  In addition, if any person shall violate or threaten to violate any provisions of this instrument, it shall be lawful for any person or persons owning real property in any subdivision whose lot owners are members of the said Home Owners Association, the Board of Directors of said Home Owners Association, the Declarant, and the 

Architectural Control Committee, or any one of them, to institute proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive, together with reasonable attorney’s fees, for such violations. 
 
B.  Term of Covenants 
 
Each of the covenants, restrictions and reservations set forth herein shall be for the benefit of and be binding upon each lot in the subdivision and each owners of property therein, his successors, representatives and assigns, and shall be deemed covenants running with the land.  These covenants shall be null and void 25 years after the date of their recordation in the office of the Clerk and Recorder of Custer County, Colorado, unless specifically reaffirmed by a majority of the owners of property in the subdivision and a majority of the owners of property in other subdivisions who are members of the said Home Owners Association prior to such expiration. 
 
C.  Amendment 
 
The conditions, restrictions, stipulations and agreements, and covenants contained herein shall not be waived, abandoned, terminated nor amended except by written consent of two-thirds of the owners of property within Spread eagle Springs and Spread Eagle Pines and two-thirds of the owners of lots in other subdivisions who are members of said Home Owners Association subject to these Covenants, provided, however, that Declarant may amend Article One to include additional land within the property covered by these covenants.  The amendment to include such land shall be effected by Declarant having recorded a declaration describing the land to be included, setting for  such additional limitations, restrictions, covenants and conditions as are applicable to such land; and declaring the land is to be held, used, sold, conveyed, encumbered, leased, occupied and improved subject to the covenants. 
 
 16 
D.  Severability 
 
Invalidation of any of these covenants or any part thereof by judgments or court orders shall in no way affect any of the other provisions here of which shall remain in full force and effect. 
 
Executed this 17th day of December, 1982 
 
 
/s/Robert C. Nelson 
 
Robert C. Nelson 
 
 
/s/Gary E. Chubb 
 
Gary E. Chubb 
 
 
/s/Janet Chubb 
 
Janet Chubb 
 
 
/s/Donald D. Chubb 
 
Donald D. Chubb 
 
 
/s/Karolyn Chubb 
 
Karolyn Chubb 
 
 
STATE OF COLORADO ) 
 
     )  ss. 
 
COUNTY OF CUSTER  ) 
 

DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  

 DECLARATION OF PROTECTIVE COVENANTS
 FOR THE VACATION AND REPLAT OF 
 THE WOODS AT BUCK MOUNTAIN FILING NO. 2 
 

 
Luning Prak Limited Liability Company, the “Declarant” and the owner of real property situated in the County of Custer, State of Colorado, known as the Woods at Buck Mountain Filing No. 2, a planned community, legally described on Exhibit A attached hereto, in order to protect the living environment and preserve the values in the Woods at Buck Mountain, Filing No. 2, does hereby declare that the land shall be held, leased, sold and conveyed, subject to the covenants, restrictions and provisions hereinafter set forth, and that each covenant, restriction and provision shall inure to and run with the land and shall apply to and bind the successors and assigns of the present owners.  The property composing the above mentioned land is made specifically subject to the following described covenants. 
 
INTENT:   It is the intent of these covenants to protect and enhance the value, desirability, and attractiveness of said property, and to prevent the construction of improper or unsuitable improvements.  Restrictions are kept to a minimum while keeping in constant focus the right of property owners to enjoy their property in attractive surroundings free of nuisances, undue noise, and danger.  Further, it is intended that the natural environment be disturbed as little as possible. 
 
I. PROPERTY OWNERS ASSOCIATION:  The Woods at Buck Mountain, Filing No. 2 Property Owners Association will be operated as per the by-laws of the association and governed by the Board of Directors.  The Board of Directors shall be elected annually by the property owners. II.  
 
(a) Members:  Every property owner will automatically be a member of the Property Owners Association and will be required to remain members in good standing as long as they own the property. 
 
(b) Purpose:  The purpose of the Association is to use its authority, as given by the bylaws of the Association, 
 
1) To enforce the protective covenants. 2) To assess property owners yearly dues.  Should any property owner fail to pay assessments when due, the Property Owners Association may file a lien against the owner for collection purposes. 3) To provide upkeep and improvements to all non-county roads in the Woods at Buck Mountain, Filing No. 2. 4) To represent all property owners in matters of mutual interest. 
 
III. NUMBER, IDENTIFICATION AND DESCRIPTION OF UNITS:  The maximum number of lots in the project is forty-four (44) and the identification, number and description of each Lot is shown on the Vacation and Replat of the Woods at Buck Mountain Filing No. 2. 
 
IV. BUILDING USE AND TYPE:  All Parcels designated shall be restricted to residential use either as vacation homes or year-round dwellings.  Such structures shall be only one family dwellings and shall be for residential use only.  Auxiliary buildings or structures usual to a residence may be erected or placed thereon.  Not more than one dwelling shall be erected or placed on any lot except that one guesthouse and one caretaker’s house may be erected in addition to the main dwelling.  Private stable, shed or animal shelter with no minimum dimensions shall be permitted provided such are not used for any commercial purposes. 
 Revision 3    September 2014  Page 2 of 5 
 
V. Architectural Committee: The POA Board of Directors shall appoint an Architectural Committee and this committee shall approve any building plans prior to their implementation (Main House, Caretaker or Guest House, Barn, Garage or exterior structures).  It is the lot owner’s responsibility to submit all building plans to the Architectural Committee for review at least 60 days prior to their implementation.  The plans shall meet all State and County regulations as well as the covenants for The Woods at Buck Mountain regarding (Dwelling Size, Setbacks, Earth Tone Construction, Water and Sewage, easements and lighting, etc.).  The lot owner shall familiarize themselves with all building covenants and direct any questions to the Architectural Committee.    No excavation or construction will be permitted until the lot owner receives a letter of final approval from the Architectural Committee.  
 
VI. DWELLING SIZE:  No primary dwelling shall be erected or placed on any parcel at the Woods at Buck Mountain Filing No. 2 unless that dwelling has a ground floor area of not less than 1,000 square feet, however, the guest house and caretaker’s house ground floor area shall be of not less than 600 square feet exclusive of garages, carports, open porches, patios, or court areas unless such structure is given prior approval from the Property Owners Association.  In addition, no fencing is to be erected until construction begins on the primary dwelling. 
 
VII. SETBACKS:  A professional survey (PPE, Perk, Plot, and Elevation) shall be submitted with the lot owners building plans to ensure setbacks requirements are met; and water and sewage requirements are met as stated in section IX.  A Benchmark will be required if the building height does not meet the County requirement.  No structure may be erected within one hundred (100) feet of the right-of-way line of any road within the Woods at Buck Mountain, Filing No. 2, nor within one hundred (100) feet of any side or rear line of any parcel.  In the case of purchasers owning more than one parcel (if the parcels are contiguous) and building a single dwelling, this restriction shall apply to the parcel as a whole.  For the purpose of these covenants, eaves, steps and open porches shall be considered as a part of the building. 
 
VIII. TIME OF CONSTRUCTION:  Once construction is started (as defined by the installation of footings and foundations) all exterior construction excluding decks, patios and landscaping must be completed within eighteen (18) months. 
 
IX. EARTH TONE CONSTRUCTION:  All improvements and structures (house, barn, garage, guest house, etc) shall be constructed of earth tone materials (logs, natural stone, etc) or finished in earth tone colors (e.g., brown, grey, green, etc.)  Reflective materials are specifically prohibited.  It shall be the burden of the Lot Owner to be in compliance with this covenant, therefore, if the Lot Owner has any concern(s) whatsoever that the planned structure or improvement may violate this covenant, they are to consult the Property Owners Association architectural committee.    The POA Board of Directors shall appoint an architectural committee and this committee shall approve any building plans prior to their implementation.  
 
X. WATER AND SEWAGE:  All water wells and sewage disposal systems placed upon any parcel shall comply with the requirement of Custer County and the State of Colorado Health Department, and the Colorado Division of Water Resources.  No septic tank or field system shall be nearer than one hundred (100) feet to any parcel line, and no sewage, waste water, trash, garbage or debris shall be emptied, discharged, or permitted to drain into any body of water in or adjacent to the Subdivision.  No outside toilets or privies shall be permitted on any parcel, except, once construction has started a temporary “port-a-pot” may be placed for use during the construction phase for a period not to exceed eighteen (18) months.  All permanent toilet facilities must be a National Sanitary Foundation (NSF) approved system. 
 
 
 
 Revision 3    September 2014  Page 3 of 5 
 
XI. LIGHTING:  Outdoor lighting will be designed and used to comply with the spirit of “Dark Skies” although the International Dark Sky Association standards are not mandated.  The POA Board of Directors will arbitrate complaints and decide when lighting becomes a nuisance. 
 
XII. EASEMENTS:  A ten (10) foot utility easement is hereby set aside on each side of all side and common rear lot lines and a twenty (20) foot utility easement is hereby set aside on the interior side of all exterior lot lines exclusive of road frontages.  All future electric and phone lines shall be extended underground, excepting that the Property Owners Association Board may approve overhead lines where the terrain would make the placement of underground lines difficult.  Easements for installation and maintenance of utilities, roadways and such other purposes incidental to development of the property as reserved and shown by noted on the recorded plat of  The Woods at Buck Mountain, Filing No. 2, will be kept open and readily accessible for use, service and maintenance. 
 
XIII. NO-BUILD EASEMENTS:  Pursuant to and consistent with the vacation and Replat of the Woods at Buck Mountain Filing No. 2, a no- build easement has been set aside on Lots 5, 35, 36, 37, 38, 39, 40, 43, and 44 as shown on the shaded areas of the Vacation and Replat.  This no–build area is defined as any portion of the Lots lying above 8,300 feet of elevation above mean sea level.  A no build easement is also hereby set aside on Lots 9 and 10 as shown on the shaded areas of the Vacation and Replat.  This no-build area is defined as any portion of the Lots indicated lying above 8,360 feet of elevation from mean sea level. 
 
XIV. UNDERGROUND UTILITY LINES:  Contractors are strongly encouraged to ascertain the location of underground utility lines and to contact Sangre de Cristo Electric in not sure of the location. If a contractor causes interruption of power to an occupied house by severing the underground power line, a penalty of $200 shall be paid to the POA.  If the power interruption continues for more than four hours, the penalty shall be increased by $50 per hour for every hour or part of the interruption in excess of four hours.  Such penalty shall be applicable seven days a week, 24 hours a day.              XV. CENTRAL MAILBOX:  All mail shall be delivered to a central mailbox located at a location designated by the property owners association.  Individual mailboxes are not permitted.  Signs at individual lots shall be limited to the street number or owner’s name.  Other signs shall be approved by the POA Board of Directors prior to erection and shall be of the design specified by the Property Owners Association. 
 
XVI. TRASH AND RUBBISH:  No part of the property above or below ground shall be used or maintained as a dumping ground for rubbish, trash, garbage, debris or other waste.  All rubbish, garbage or other waste shall be consolidated away from homes in a central location and disposed of in a sanitary manner.  All containers shall be bear-proof and kept in a clean, sanitary condition.  Reasonable preventions shall be taken against fire hazards and no outdoor burning of any kind shall be permitted upon the premises (except for cooking) unless in an approved incinerator with ash control. 
 
XVII. NUISANCES:  No owner shall cause or allow the origination of excessive odors or sounds from his parcel.  No owner shall cause or allow any other nuisances of any kind whatsoever to exit on his parcel.  In case of dispute, at the request of an owner, the Property Owners Association Board of Directors shall make the final determination of what constitutes a nuisance. 
 
XVIII. ANIMALS:  Animals will be allowed on the Woods at Buck Mountain Filing No. 2 for personal use of parcel owners.  Dogs and other pets shall be properly supervised by their owners so that they do not become a nuisance to other property owners.  This includes running free off their owners property, chasing livestock or wildlife.  The POA Board of Directors will decide when a pet becomes a nuisance.  Birdfeeders will be allowed if maintained so as not to attract bears and are brought in at night.  Feeding of other wildlife is prohibited. Commercial feedlots and swine shall be prohibited from the Woods at Buck Mountain filing 2. 
 Revision 3    September 2014  Page 4 of 5 
 
 
XIX. PLAYGROUNDS:  Playgrounds shall be constructed of wood, without any brightly colored parts.  Placement in a location not visible from the road is highly recommended. 
 
XX. MOTOR VEHICLES:  No motorized vehicle which is either non-operational or nonlicensed shall be kept or stored on any parcel, unless said vehicle is kept or stored in a fully enclosed building. 
 
XXI. TEMPORARY RESIDENCES:  No structure of temporary character, recreational vehicle, camper unit, trailer, basement, tent or accessory building shall be used on any parcel as temporary or permanent living quarters.  Recreational vehicles, camper units and tents may be used for vacation camping for periods not to exceed thirty (30) continuous days. 
 
XXII. MOBILE HOMES:  Mobile homes or any buildings which could reasonably be construed as being a mobile home shall not be permitted on any parcel within the Woods at Buck Mountain Filing No. 2.  Any dispute as to what shall constitute a mobile home shall be decided by the Woods at Buck Mountain Filing No. 2 POA Board of Directors. 
 
XXIII. RECREATION VEHICLES (RV’S):  Lot owners and their guests may park one RV per lot for one or more periods cumulatively not exceeding thirty days per year.  Permanently stored RV’s may remain on the premises if stored in an earth tone building or stored in a location screened by trees and not visible from any point on  adjoining properties. 
 
XXIV. GUEST AND CARETAKER DWELLINGS:  A property owner may rent out his house, including his guest and caretaker’ house.  Guest and caretakers houses may not be rented out separately from the main dwelling.  Conversion of a property to a timeshare form of ownership is specifically prohibited.      XXV.  LAND USE:  Commercial wood harvesting, mining (including the removal of soil, gravel, or rock) and or oil or gas production is prohibited; nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted.  The foregoing shall not be construed to prevent the drilling of water wells to serve the premises for domestic purposes.  There shall be no re-subdivision of any of the said parcels.  
 
XXVI. HUNTING, TRAPPING, AND USE OF FIREARMS:  No hunting, trapping of any kind shall be permitted in any of the areas covered by these covenants.  Further, no use of or discharge of firearms shall be permitted within any of the land areas herein covered with the only exception being that an individual lot owner or their invitees may target shoot on their lot only. 
 
XXVII. COMMERCIAL ACTIVITY:  No store, office or other place of business of any kind shall be erected or permitted upon any of the residential lots or any part thereof and no commercial activity shall be permitted. 
 
XXVIII. ENFORCEMENT:  Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant. 
 
 
XXIX. TERMS OF COVENANTS:  These covenants and restrictions are to run with the land and shall remain in full force and effect for ten 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 a majority of the land owners of the parcels has been recorded, changing said covenants in whole or in part.  All successive and future owners and occupants shall have the same right to invoke and enforce the covenants, conditions, restrictions and reservations applicable to this conveyance as the original parties thereto. 
 
 Revision 3    September 2014  Page 5 of 5 
 
XXX.  SEVERABILITY:  Invalidation of any of these covenants or any part thereof by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. 
 
XXXI. COUNTY, STATE, AND FEDERAL REGULATIONS:  To the extent that the applicable county or other governmental regulations, rules, codes, ordinances or laws are more restrictive in their allowable land utilization than these covenants, they shall supersede these covenants and govern at all times.  All county, state and federal laws and guidelines shall be followed in regards to zoning, zoning laws, building and building codes, water and water rights, if any. 
 
XXXII. COUNTERPARTS:  This instrument may be executed in a number of counter parts any of which may be considered an original.  
 
XXXIII. FEES AND ENFORCEMENT:  All parcels within The Woods at Buck Mountain, Filing No. 2 shall be subject to assessment for Property Owners Association fees in an amount to be determined by the Association. Assessments may be increased only by majority vote of the members of the Association. In no event shall annual dues Assessments exceed $400 per year, except that this amount may be increased annually on July 1, 2001 and as of January 1 of each succeeding year in accordance with any increase in the United States department of labor bureau statistics final consumer price index for the Denver-Boulder consolidated metropolitan statistical area for the preceding calendar year.  Any increase in Association dues will also require written assurance that any such increase will not cause additional regulatory or other requirements to be imposed upon the Association, Declarant or any property owner. 
 tH
Assessments for fees will commence upon conveyance at the date of closing, however, under no circumstances will the Declarant herein be responsible for association dues.  Whenever the obligation to pay fees arises after the start of the calendar year, the first year’s fees will be prorated to the commencement date for the parcel involved.  Fees shall be payable in advance in January of each year.  Each property owner shall be responsible for payment of all fees and any costs (including attorney fees) necessary to enforce any violation of these covenants affecting his or her parcel.  Failure to pay fees shall be deemed a violation of these covenants.  Unpaid fees and costs shall also be a lien and may be foreclosed in the same manner as a mechanics lien. 
 
XXXIV. AMENDMENTS:  These covenants may be amended by the affirmative vote of two-thirds of all the parcel owners.  As the property sells, each owner shall be entitled to one vote per parcel owned.  The Board or one third of the owners may submit proposed amendments.  Each owner shall receive the proposed amendments by e-mail unless certified mail is requested. The notice shall provide that the vote shall conclude at a time at least 60 days after the e-mail / mailing. Voting may be by mail, e-mail, in person or by written proxy.   



DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  

DECLARATION OF PROTECTIVE COVENANTS for THE WOODS AT GEM MOUNTAIN

Luning Prak Limited Liability Company, the owner of real property situated in the Counties of Custer and Fremont and State of Colorado, known as The Woods at Gem Mountain and legally described on Exhibit A attached hereto, in order to protect the living environment and preserve the values in The Woods at Gem Mountain, does hereby declare that the land shall be held, leased, sold and conveyed, subject to the covenants, restrictions and provisions hereinafter set forth, and that each covenant, restriction and provision shall inure to and run with the land and shall apply to and bind the successors and assigns of the present owners. The property composing the above mentioned land is made specifically subject to the following described covenants. I. INTENT: It is the intent of these covenants to protect and enhance the value, desirability and attractiveness of said property, and to prevent the construction of improper or unsuitable improvements. Restrictions are kept to a minimum while keeping in constant focus the right of property owners to enjoy their property in attractive surroundings free of nuisances, undue noise, and danger. Further, it is intended that the natural environment be disturbed as little as possible. II. PROPERTY OWNERS ASSOCIATION: The Woods at Gem Mountain Property Owners Association will be operated as per the by-laws of the association, (a) Members: Every property owner will automatically be a member of the Property Owners Association and will be required to remain members in good standing as long as they own the property. (b) Purpose: The purpose of the association is to use its authority, as given in the by-laws: (1) To enforce these protective covenants, (2) To assess property owners yearly dues. Should any property owner fail to pay assessments when due, the Property Owners Association may file a lien against the owner for collection purposes, as such liens and enforcement rights are provided in Colorado Revised Statues §38-33.3-315 and 316. (3) To provide upkeep and improvements to all non county roads in The Woods at Gem Mountain. In the event snow removal expense threatens to consume more than 20% of the annual P.O.A. funds collected, The Woods at Gem Mountain Property Owners Association Board of Directors must approve expenditure of additional money from the P.O.A. fund for additional snow removal. (4) To represent all property owners in matters of mutual interest. (5) To administer and lease grazing rights. III. BUILDING USE AND TYPE: All parcels designated shall be restricted to residential use either a vacation homes or year round dwellings. Such structures shall be only one family dwellings and shall be for residential use only. Auxiliary buildings or structures usual to a residence may be erected or placed thereon. Not more than one dwelling shall be erected or placed on any lot except that one guest house and one caretakers house may be erected in addition to the main dwelling. Private stable, shed or animal shelter with no minimum dimensions shall be permitted provided such are not used for any commercial purposes. IV. DWELLING SIZE: No primary dwelling shall be erected or placed on any parcel at The Woods at Gem Mountain unless that dwelling has a ground floor area of not less than 1,000 square feet, however, the guest house and caretaker’s house ground floor area shall be of not less than 600 square feet exclusive of garages, carports, open porches patios or court areas unless such structure is given prior approval from the Property Owners Association. V. SETBACKS: No structures may be erected within one hundred (100) feet of the right-of-way line of any road within The Woods at Gem Mountain, nor within one hundred (100) feet of any side or rear line of any parcel. In the case of purchasers owning more than one parcel and building a single dwelling, this restriction shall apply to the parcel as a whole. For the purpose of these covenants, eaves, steps and open porches shall be considered as a part of the building. VI. TIME OF CONSTRUCTION: Once construction is started, it must be completed within twelve (12) months. VII. TRASH AND RUBBISH: No part of the property above or below ground shall be used or maintained as a dumping ground for rubbish, trash, garbage, debris or other waste. All rubbish, garbage or other waste shall be consolidated away from homes in a central location and disposed of in a sanitary manner. All containers shall be bear-proof and kept in a clean, sanitary condition. Reasonable preventions shall be taken against fire hazards and no outdoor burning of any kind shall be permitted upon the premises (except for cooking) unless in an approved incinerator with ash control. VIII. EASEMENTS: A ten (10) foot utility easement is hereby set aside on each side of all side and common rear lot lines and a twenty (20) foot utility easement is hereby set aside on the interior side of all exterior lot lines exclusive of road frontages. All future electric and phone lines shall be extended underground, excepting that the Property Owners Association Board may approve overhead lines where the terrain would make the placement of underground lines difficult. Easements for installation and maintenance of utilities, roadways and such other purposes incidental to development of the property as reserved and shown by notes on the recorded plat of The Woods and Gem Mountain, will be kept open and readily accessible for use, service and maintenance. IX. NUISANCES: No owner shall cause or allow the origination of excessive odors or sounds from his parcel. No owner shall cause or allow any other nuisances of any kind whatsoever to exist on his parcel. In case of a dispute, at the request of an owner, the Property Owners Association board shall make the final determination of what constitutes a nuisance. X. ANIMALS: Animals will be allowed on The Woods at Gem Mountain for personal use of parcel owners. Dogs shall be physically restrained. Pet food may not be exposed or stored outdoors. Feeding of wildlife, including hummingbirds, squirrels, etc. is prohibited. Commercial feed lots and swine shall be prohibited from The Woods at Gem Mountain. XI. MOTOR VEHICLES: No motorized vehicle which is either non-operational or non-licensed shall be kept or stored on any parcel, unless said vehicle is kept or stored in a fully enclosed building. XII. TEMPORARY RESIDENCES: No structure of temporary character, recreational vehicle, camper unit, trailer, basement, tent or accessory building shall be used on any parcel as temporary or permanent living quarters. Recreational vehicles, camper units and tents may be used for vacation camping for periods not to exceed thirty (30) continuous days.


XIII. MOBILE HOMES: Mobile homes or any building which could reasonably be construed as being a mobile home shall not be permitted on any parcel within The Woods and Gem Mountain. XIV. LAND USE: Commercial wood harvesting, mining (including the removal of soil, gravel or rock) and oil or gas production is prohibited; nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted. The foregoing shall not be construed to prevent the drilling of water wells to serve the premises for domestic purposes. There shall be no re-subdivision of any of the said parcels. XV. GRAZING LEASE: All parcel owners within The Woods at Gem Mountain will hold their interest in their property subject to the terms of that certain Grazing Lease dated August 1, 1992 between Job Luning Prak and Irving Storey. A copy of said lease will be provided to those parcel owners requesting same. XVI. WATER AND SEWAGE: All water wells and sewage disposal systems placed upon any parcel shall comply with the requirements of Custer and Fremont Counties, and the State of Colorado Health Department, and the Colorado Division of Water Resources. No septic tank or field system shall be nearer than one hundred (100) feet to any parcel line except with the consent of the appropriate health official of the State, and no sewage, waste water, trash, garbage or debris shall be emptied, discharged, or permitted to drain into any body of water in or adjacent to the subdivision. No outside toilets or privies shall be permitted on any parcel, except, once construction has started a temporary “port-a-pot” may be placed for use during the construction phase for a period not to exceed twelve (12) months. All permanent toilet facilities must be a part of the residence or garage and shall be of a modern flush type and connected with a proper septic tank system. XVII. HUNTING, TRAPPING AND USE OF FIREARMS: No hunting, trapping of any kind shall be permitted in any of the areas covered by these covenants. Further, no use of or discharge of firearms shall be permitted within any of the land area herein covered with the only exception being that an individual lot owner or their invitees may target shoot on their lot only. XVIII. COMMERCIAL ACTIVITY: No store, office or other place of business or any kind shall be erected or permitted upon any of the residential lots or any part thereof and no commercial activity shall be permitted. XIX. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, as such liens and enforcement rights are provided in Colorado Revised Statues §38-33.3-315 and 316. XX. TERMS OF COVENANTS: These covenants and restrictions are to run with the land and shall remain in full force and effect for ten 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 a majority of the land owners of the parcels has been recorded, changing said covenants in whole or part. All successive and future owners and occupants shall have the same right to invoke and enforce the covenants, conditions, restrictions and reservations applicable to this conveyance as the original parties hereto. XXI. SEVERABILITY: Invalidation of any of these covenants or any part thereof by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. XXII. COUNTY, STATE AND FEDERAL REGULATIONS: To the extent that the applicable county or other governmental regulations, rules, codes, ordinances or laws are more restrictive in their allowable land utilization than these covenants, they shall supersede these covenants and govern at all times. All county, state and federal laws and guidelines shall be followed in regards to zoning, zoning laws, building and building codes, water and water rights, if any. XXIII. COUNTER PARTS: This instrument may be executed in a number of counter parts any one of which may be considered an original. XXIV. FEES AND ENFORCEMENT: All parcels within The Woods at Gem Mountain shall be subject to assessment for Property Owners Association fees in an amount to be determined by the Association. Assessments may be increased only by majority vote of members of the Association. In no event shall Assessments exceed $300.00 per year except that this amount may be increased by the greater of 12% per annum or the percentage increase, if any, in the “Consumer Price Index-All Urban Consumers” for Denver, Colorado, between January 1 of the year in question and of the preceding year. Any increase in Association dues will also require written assurance that any such increase will not cause additional regulatory or other requirements to be imposed upon the Association, Declarant or any property owner, as such liens and enforcement rights are provided in Colorado Revised Statues §38-33.3-315 and 316. Assessments for fees will commence upon conveyance at the date of closing. Whenever the obligation to pay fees arises after the start of the calendar year, the first year’s fees will be prorated to the commencement date for the parcel involved. Fees shall be payable in advance in January of each year. Each property owner shall be responsible for payment of all fees and any costs (including attorney fees) necessary to enforce any violation of these covenants affecting his or her parcel. Failure to pay fees shall be deemed a violation of these covenants. Unpaid fees and costs shall also be a lien and may be foreclosed in the same manner as a mechanics lien. XXV. AMENDMENTS: These covenants may be amended by the affirmative vote of two-thirds of all the parcel owners. The Luning Prak Limited Liability Company is entitled to one vote per parcel not yet sold, and will turn over control of the Property Owners Association when 75% of the parcels have been sold. As the property sells, each owner shall be entitled to one vote per parcel owned. The owners of at least one-third of the parcels may call for a vote on the proposed amendment. Copies of the proposed amendments shall be sent to each parcel owner by certified mail. The notice shall provide that the vote shall be held at a time and place in Custer County or Fremont County, Colorado at least thirty (30) days after the mailing of said notice. Voting may be by mail, personally or by written proxy. 

DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  

DECLARATION OF PROTECTIVE COVENANTS FOR UTE MESA SUBDIVISION

KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, Chubb Investments, Inc., a Colorado Corporation, is owner of certain real estate situate, lying, and being in the County of Custer, State of Colorado; To-wit: A Subdivision located in Township 22 South, Range 73 West of the 6th P.M., Sections 8, 9, and 17, according to the recorded plat thereof in the office of the County Clerk and Recorder, County of Custer, State of Colorado. NOW THEREFORE, in consideration of the acceptance hereof by the several purchasers and grantees (his, her, their, or its heirs, executors, administrators, personal representatives, successors and assigns and all other persons or concerns claiming by, through, or under such grantees) of deeds to lots, in addition to the ordinances of the County of Custer, Colorado, shall be and hereby bound by the covenants set forth in these presents and that the property described in these restrictions shall be held and enjoyed to and with the benefit and advantage of the following restrictions, limitations, conditions, and agreements, to-wit: 1. Architectural Control: No structure, including walls and fences, shall be erected, converted, placed, added to or altered on any lot until the construction plans and specifications and a plan showing the location of the structure has been approved in writing by the proper representatives of Chubb Investments, Inc. as to quality of workmanship and materials, harmony of external design with existing structures and to topography and finished grade elevation. If action to approve or disapprove plans as submitted is not taken within thirty (30) days, approval is automatic. 2. Building Use and Type: All lots not designated on the Plat as being for business or commercial use shall be restricted to residential use either as vacation homes or year round dwellings. Such structures shall be only one family dwellings and shall be for residential use only. Auxiliary buildings or structures usual to a residence may be erected or placed thereon. Not more than one dwelling shall be erected or placed on any lot except that one guest house which shall consist of not less than 600 square feet on the ground floor level may be erected in addition to the main dwelling. Private stable, shed or animal shelter with no minimum dimensions shall be permitted subject to approval by the provisions of Paragraph One (1) above. No modular or trailer homes, domes or Quonset homes. 3. Dwelling Size: No dwelling shall be erected or placed on any lot unless such dwelling has a ground floor area of not less than 1,000 square feet exclusive of garages, carports, open porches, patios or court areas. 4. Temporary Residences: No basement, shed, tent, trailer or trailer house, or structure of a temporary nature may be used as temporary or permanent living quarters. This covenant does not preclude vacation camping in tents, trailers or campers for a period not to exceed thirty (30) continuous days. 5. Building Location: No building shall be erected nearer than three-hundred feet (300) to any boundary along a street, or so that any part of said building is closer than one hundred (100) feet to any of the other boundary lines of said premises. In case of single ownership of more than one tract, this restriction shall apply to the parcel as a whole. For the purpose of this covenant, eaves, steps and open porches shall be considered as a part of the building. 6. Time of Construction: Once construction is started it must be completed within 12 months. 7. Fencing: Fencing which is constructed on lot lines contiguous to road right of ways as shown on the recorded plat of Ute Mesa must be placed no further outward from the center of any lot than the interior easement line which is indicated by notes on said plat. Fences may be constructed on interior lot lines in contradiction of Paragraph 8 of these covenants except that in such case the lot owner shall be liable for expenses of damage, repair and replacement of such fencing as may be incurred by the installation of any utility systems. Any utility entity, either public or private shall have the right to breach any fencing or other obstructions located on a utility easement for purposes of construction and servicing without incurring any liability for damage thereto. 8. Easements: Easements for installation and maintenance of utilities, roadways, bridle paths, hiking trails and such other purposes incident to development of the property as reserved and shown by notes on the recorded plat of Ute Mesa, will be kept open and readily accessible for use, service and maintenance. 9. Obstructions to Vision at Intersections: No fence, wall, hedge, tree, or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner tract within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property line extended. The same sight-line limitation shall apply on any tract within ten (10) feet from the intersection of a street property line with the edge of a driveway or access road on any tract. 10. Nuisance: Nothing shall be done or permitted on any tract which may be or become an annoyance or nuisance to the neighborhood. No noxious or offensive activities shall be carried on upon any tract. 11. Garbage and Refuse Disposal: No part of the property above or below ground shall be used or maintained as a dumping ground for rubbish, trash, garbage, debris or other waste. At all times the property shall be maintained in a sanitary condition. Reasonable preventions shall be taken against fire hazards and no outdoor burning of any kind shall be permitted upon the premises (except for cooking) unless in an approved incinerator with ash control. 12. Signs: All signs displayed upon any of the premises or tracts must be first approved by Chubb Investments, Inc. This covenant does not preclude the display of builders or realty-type signs, or small professional signs, not to exceed one (1) square foot in the area per side. Chubb Investments, Inc. reserves the right, however, to require modification or removal of such signs if they are deemed not to be in keeping with the area and subdivision décor. 13. Water and Sewage: All water wells and sewage disposal systems placed upon any tract shall comply with the zoning requirements of Custer County and the State of Colorado Health Department. No sewage tank or field system shall be nearer than fifty (50) feet to any tract line except with the consent of the appropriate health official of the State, and no sewage, waste water, trash, garbage or debris shall be emptied, discharged or permitted to drain into any body of water in or adjacent to the subdivision. No outside toilets or privies shall be permitted on any tract. All toilet facilities musts be a part of the residence or garage and shall be of a modern flush type and connected with a proper sewage tank system. 13a. Irrigation Water Rights: Individual lot owners will be responsible and must provide access adequate for water right owners to maintain the creeks and ditches. Ute Mesa lot owners will have the right to water for livestock ONLY. No obstruction or deviation of the natural free flow of water in said creeks and ditches will be permitted. 14. Animals: No animals, livestock or poultry of any kind shall be housed, raised or kept on any tract or property either temporarily or permanently, except that commonly accepted domestic pets may be kept provided they are not kept or maintained for any commercial purposes and except that one horse for each ten acres of land owned may be kept for recreational purposes. No stables, corrals, or any structure for the housing or feeding of horses shall be located or placed closer than one hundred fifty (150) feet to any adjoining lot line nor closer than three hundred (300) feet to a public street. All stables, corrals, or any structure for the housing or feeding of horses shall be approved as to location and design by Chubb Investments, Inc. and shall be maintained in compliance with all lawful sanitary regulations. In case of single ownership of more than one tract then the setback restrictions of this covenant concerning animals as authorized under this covenant, shall not have free rein of the subdivision known as Ute Mesa, and shall be contained on the property of their owner. 15. Chimneys and Fireplaces: All chimneys and fireplaces shall have a protective wire inside the chimney near the top to prevent any burning particles from escaping said chimney. 16. Mining Operations: No oil, gas, coal, sand, gravel, or other mineral development, drilling, refining, quarrying, mining crushing manufacturing, or processing operations of any kind shall be permitted upon or in any portion of the property; nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted. The foregoing shall not be construed to prevent the drilling of water wells to serve the premises for domestic purposes. 17. Hunting and Use of Firearms: No hunting of any kind shall be permitted in any of the areas covered by these covenants. Further, no use of or discharge of firearms shall be permitted within any of the land area herein covered. 18. Fireworks: The use of or discharge of fireworks of any kind in the area covered by these covenants shall be expressly forbidden. 19. Driveways: Culverts in size as prescribed by the Custer County Department of Roads, but in no event less than one (1) foot in diameter, must be installed at road entrance driveways in all instances in which proper drainage would otherwise be obstructed. 20. Drainage: Nothing shall be done on any lot which will obstruct or prevent the natural and/or proper flow of drainage. 21. Storage: No lot may be used for the storage of property in the open except that building materials intended for use in the erection of a building or auxiliary structure on the premises may be kept in the open during the construction period, but not to exceed six months in any event. No motor vehicle of any type shall be permitted to remain on the property in a non-operating condition for more than 30 days in any calendar year. Any such vehicle which does not display current and valid license plates, and safety inspection sticker where required by state law, shall be deemed to be in a “nonoperating condition.” 22. Ute Mesa Home Owners Association: There is hereby established a Ute Mesa Home Owners Association consisting of all grantees in Ute Mesa. It is the intent of Chubb Investments, Inc. that eventually, at a time to be determined by Chubb Investments, Inc., that a Board of Directors for the said association will be initially appointed by the said Corporation, and thereafter the said association will assume the said corporation’s responsibility in regard to architectural control enforcement of all covenants as contained herein, any road maintenance not performed by Custer County, and general government of ensuing by-laws of the Ute Mesa Home Owners Association. 23. Re-subdividing: Further division of tracts as shown on the recorded plat of Ute Mesa will not be permitted. It is the intent of Chubb Investments, Inc. to maintain a minimum tract size of forty (40) acres. In the event a tract owner in Ute Mesa presents a request for permission to re-subdivide, and can show sufficient justification, Chubb Investments, Inc. will afford all possible consideration. Should such permission be granted, the re-subdivider must comply with all laws and ordinances of Custer County and the State of Colorado involving zoning, subdivision and health and sanitation standards. In no event will Chubb Investments, Inc. permit re-subdivision in any instances whereby the esthetic values, natural amenities and pollution and contamination control would be disenhanced. 24. Right of Chubb Investments, Inc.: Chubb Investments, Inc., its successors or assigns, expressly reserves the right: a. from time to time to amend or revoke any restrictive covenants then in existence, but no such amendment or revocation shall apply to tracts that are sold prior thereto without the written consent of a majority of the then owners of any such tracts. b. to enter into agreements with the grantee of any lot or lots (without the consent of the grantee of other tracks or adjoining or adjacent property) to deviate from those conditions, restrictions, limitations and agreements herein set forth, and any such deviation which shall be manifested by agreement in writing shall not constitute a waiver of any such condition, restriction, limitation, or agreement as to the remaining lots in said subdivision, and the same shall remain fully enforceable on all other tracts located in the said subdivision by the original Subdivider, its successors or assigns, and the grantees of other lots except as against the tract where deviation is permitted. 25. Term of Covenants: These covenants and restrictions are to run with the land and shall remain in full force and effect for twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the tracts have been recorded, changing said covenants in whole or part. 26. Enforcement: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Chubb Investments, Inc., its agents or assigns, further reserves the right, whenever there shall have been an obvious violation of one or more of the provisions of these covenants, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner and such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to breach occurring prior to or subsequent thereto and shall not bar or affect its enforcement. The invalidation by any court of any restriction herein contained shall not in any way affect any of the other restrictions but they shall remain in full force and effect. 27. Chubb Investments, Inc.: Chubb Investments, Inc. may assign any and all its rights, power, obligations and privileges under this instrument to any corporation, association or person. 28. Separability: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the Grantor has caused these presents to be signed this 25th day of march, A.D. 1983 


DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  

DECLARATION OF PROTECTIVE COVENANTS for TIMBER RIDGE RANCH


Timber Ridge Ranch, the owner of real property situated in the County of Custer and State of Colorado, known as Timber Ridge Ranch, in order to protect the living environment and preserve the values in Timber Ridge Ranch and legally described on Exhibit A* attached hereto, does hereby declare that the land shall be held, leased, sold and conveyed, subject to the covenants, restrictions and provisions hereinafter set forth, and that each covenant, restriction and provision shall inure to and run with the land and shall apply to and bind the successors and assigns of the present owners. The property comprising the above mentioned land is made specifically subject to the following described covenants. I. INTENT: It’s the intent of these covenants to protect and enhance the value, desirability and attractiveness of said property, and to prevent the construction of improper or unsuitable improvements. Restrictions are kept to a minimum while keeping in constant focus the right of property owners to enjoy their property in attractive surroundings free of nuisances, undue noise, and danger. Further, it is intended that the natural environment be disturbed as little as possible. II. PROPERTY OWNERS ASSOCIATION: The Timber Ridge Ranch Property Owners Association will be operated as per the by-laws of the association, (a) Members: Every property owner will automatically be a member of the Property Owners Association. (b) Purpose: The purpose of the association is to use its authority, as given in the by-laws: 1) To enforce these protective covenants, 2) To assess property owners yearly dues. Should any property owner fail to pay assessments when due, the Property Owners Association may file a lien against the owner for collection purposes. 3) To provide upkeep and improvements to all non-county roads in Timber Ridge Ranch. 4) To represent all property owners in matters of mutual interest. 5) To administer and lease grazing rights. III. DWELLINGS: No permanent structure shall be built on Timber Ridge Ranch that is less than 1,000 square feet of living space, unless such structure is given prior approval from the Property Owners Association. No commercial activity shall be permitted unless approved by the Property Owners Association Board. IV. SETBACKS: No structure may be erected within fifty feet of the right-of-way line of any road within Timber Ridge Ranch, nor within twenty five feet of any side or rear line of any parcel unless approved by the Property Owners Association Board. V. TRASH AND RUBBISH: Rubbish, garbage or other waste shall be kept and disposed of in a sanitary manner. Rubbish, garbage and other waste shall be consolidated away from homes in a central location. All containers shall be bear-proof and kept in a clean, sanitary condition. VI. UTILITY EASEMENTS: A ten (10) foot utility easement is hereby set aside on each side of all side and common rear lot lines and a twenty (20) foot utility easement is hereby set aside on the interior side of all exterior lot lines. VII. NUISANCES: No owner shall cause or allow the origination of excessive odors or sounds from his parcel. No owner shall cause or allow any other nuisances of any kind whatsoever to exist on his parcel. In case of a dispute, at the request of an owner, the Property Owners Association board shall make the final determination of what constitutes a nuisance. VIII. ANIMALS: Animals will be allowed on Timber Ridge Ranch for personal use of parcel owners. Any animals raised for commercial activity must be approved by the Property Owners Association. Dogs will be physically restrained. Pet food may not be exposed or stored outdoors. Feeding of wildlife, including birds, hummingbirds, squirrels, etc. is prohibited. Commercial feed lots and swine shall be prohibited from Timber Ridge Ranch. IX. MOTOR VEHICLES: No motorized vehicle which is either non-operational or non-licensed shall be kept or stored on any parcel, unless said vehicle is kept or stored in a fully enclosed building. X. TEMPORARY RESIDENCES: No structure of temporary character, recreational vehicle, camper unit, trailer, basement, tent or accessory building shall be used on any tract as a residence. Recreational vehicles, camper units and tents may be used for vacation camping for periods not to exceed ninety (90) days in any calendar year. XI. MOBILE HOMES: Mobile homes shall not be permitted on any parcel within Timber Ridge Ranch. XII. LAND USE: Commercial wood harvesting, mining (including the removal of soil, gravel or rock) and oil or gas production is prohibited. Further subdivision of less than thirty-five acres is prohibited. Any subdivided parcel will be covered by these Covenants and become an automatic member of the Timber Ridge Ranch Property Owners Association. Wire fencing shall be no higher than forty-two (42) inches with a fourteen (14) inch space between the first and second wire. There shall be a sixteen (16) inch space between the bottom wire and the ground. XIII. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant. XIV. TERMS OF COVENANTS: These covenants and restrictions are to run with the land and shall remain in full force and effect for ten 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 a majority of the land owners of the tracts has been recorded, changing said covenants in whole or part. XV. SEVERABILITY: Invalidation of any of these covenants or any part thereof by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. XVI. COUNTY REGULATIONS: To the extent that the applicable county or other governmental regulations, rules, codes, ordinances or laws are more restrictive in their allowable land utilization than these covenants, they shall supersede these covenants and govern at all times. XVII. COUNTER PARTS: This instrument may be executed in a number of counter parts any one of which may be considered an original. XVIII. FEES AND ENFORCEMENT: All parcels within Timber Ridge Ranch shall be subject to assessment for Property Owners Association fees in an amount to be determined by the Association. Assessments may be increased only by majority vote of members of the Association. In no event shall Assessments exceed $295.00 per year except that this amount may be increased by the greater of 12% per annum or the percentage increase, if any, in the “Consumer Price Index-All Urban Consumers” for Denver, Colorado, between January 1 of the year in question and of the preceding year. Any increase in Association dues will also require written assurance that any such increase will not cause additional regulatory or other requirements to be imposed upon the Association, Declarant or any property owner. Assessments for fees will commence upon conveyance at the date of closing. Whenever the obligation to pay fees arises after the start of the calendar year, the first year’s fees will be prorated to the commencement date for the parcel involved. Fees shall be payable in advance in January of each year. Each property owner shall be responsible for payment of all fees and any costs (including attorney fees) necessary to enforce any violation of these covenants affecting his or her parcel. Failure to pay fees shall be deemed a violation of these covenants. Unpaid fees and costs shall also be a lien and which lien may be foreclosed in the same manner as a mechanics lien. Developer does not pay assessments but is responsible for contributing any necessary funds so that any obligation of the Association is met by the Developer until such time as the Developer transfers his interest 

in and control of the Association.
[signed] Joseph M. Bradley, Timber Ridge Ranch President [notarized]

*Exhibit A The land referred to in these covenants is situated in the State of Colorado and is described as: CUSTER COUNTY TOWNSHIP 23 SOUTH, RANGE 71 WEST OF THE 6TH P.M. SECTION 35: SE ¼; S ½ NE ¼; SE ¼ NW ¼; E ½ SW ¼; SW ¼ SW ¼ SECTION 34: S ½ S ½ (EXCEPT THE SESE) SECTION 33: S ½ SE ¼ TOWNSHIP 24 SOUTH, RANGE 71 WEST OF THE 6TH P.M. SECTION 2: N ½ N ½; SW ¼ NW ¼ SECTION 3: N ½ SECTION 4: N ½ NE ¼; SE ¼ NE ¼ EXCEPT LOT 1 WESTCLIFFE RANCH SUBDIVISION

DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  

DECLARATION OF PROTECTIVE COVENANTS for SCHULZE RANCH 

Leslie F. Schulze and Myrtle F. Schulze, the owners of real property situated in the County of Custer, State of Colorado, known as Schulze Ranch, as shown by the plats and/or maps thereof recorded with the County Clerk and Recorder, Custer County, Colorado, in order to protect the living environment and preserve the values in said development, hereby declare that the development shall be held, leased, sold and conveyed, subject to the covenants, restrictions and provisions hereinafter set forth, and that each covenant, restriction and provision shall inure to and run with the land and shall apply to and bind the respective successors in interest of the present owners. I. INTENT: It is the intent of these Covenants to protect and enhance the value, desirability and attractiveness of said property. Restrictions are kept to a minimum while keeping in constant focus the right of property owners to enjoy their property in attractive surroundings free of nuisances, undue noise, and danger. Further, it is intended that the natural environment be disturbed as little as possible. The property affected by these Covenants is legally described as follows: See Attached Schedule A* and is hereinafter referred to as Schulze Ranch. II. HOMEOWNERS ASSOCIATION: Schulze Ranch Homeowners Association is a Colorado not-forprofit corporation and will be operated pursuant to the By-Laws of the association, as the same may be changed or amended from time to time by vote of the members. (a) MEMBERS: Every property owner of property in Schulze Ranch will automatically be a member of the Homeowners Association. For purposes of these Covenants a property owner is one who holds an interest in a lot in Schulze Ranch by reason of a Deed or Installment Land Contract (Agreement for Sale and Purchase of Property). (b) PURPOSE: The purpose of the association is to use its authority, as given in the By-Laws: 1) To administer and uphold these Protective Covenants. 2) To assess and collect fees. 3) To maintain roads. 4) To represent all owners in matters of mutual interest. 5) To administer and lease grazing rights. (c) LIEN FOR ASSESSMENTS: Should any property owner fail to pay assessments when due, the Homeowners Association may file and record a lien against the owner for collection purposes, which shall be foreclosed in the matter provided by statute for mechanics liens. The developers of Schulze Ranch shall not be required to pay annual dues, or any other assessments, during the development and sale of lots on undeveloped lots for sale. If they should retain and build on a lot for personal use, then they shall be assessed fees and dues on the same basis as other lot owners. III. DWELLINGS: No permanent structure shall be built on Schulze Ranch which is less than 1000 square feet, unless such structure is given prior approval from the Homeowners Association. No structure shall be constructed on Schulze Ranch for any commercial activity. All dwellings shall be of new construction. No building or other structure shall be constructed, erected or maintained, nor shall any addition or alteration thereto be made until the complete plans and specifications have been submitted to and approved by the Board of Directors of the Homeowners Association. Plans shall be submitted at least 30 days prior to the commencement of construction and shall be deemed approved unless rejected, or unless additional information is requested, within 30 days. All lots shall be used for residential purposes only. In passing upon such plans and specifications, the Board of Directors shall take into consideration: (a) the suitability of the proposed building or other structure and the materials with which it is to be constructed; (b) the harmony thereof with the surroundings; (c) the effect of the building or other structures, as planned, on the view from adjacent or neighboring lots, and (d) any matter concerning drainage around the lot and adjacent lands. IV. RESUBDIVISION: No lot shall be resubdivided nor shall any more than one residential unit (together with necessary outbuildings approved by the Homeowners Association) be erected on any one lot. V. SET BACKS: No structure may be erected within fifty feet of the right-of-way line of any road within Schulze Ranch nor within twenty-five feet of any side or rear line. VI. TRASH AND RUBBISH: Rubbish, garbage or other waste shall be kept and disposed of in a sanitary manner and all containers shall be kept in a clean, sanitary condition. VII. EASEMENTS: A six foot utility easement is set aside on each side of all side and common rear lot lines. A twelve foot utility easement is set aside on the interior side of all exterior lot lines. Said easements run with the land and may be used for the benefit of other owners of land within Schulze Ranch. VIII. NUISANCES: No owner shall cause or allow the origination of excessive odors or sounds from his property. No owner shall cause or allow any other nuisance of any kind whatsoever to exist on his property. In case of a dispute, at the request of an owner, the Board of Directors of the Homeowners Association shall make the final determination of what constitutes a nuisance. IX. ANIMALS: Livestock and poultry may be kept solely for the personal use of each lot owner, providing no animals, livestock or poultry shall be kept for commercial purposes. Commercial feed lots and swine are prohibited in Schulze Ranch. All animals on lots, other than dogs or cats, must be fenced in, and the Colorado law of fencing out shall not apply. X. MOTOR VEHICLES: No motorized vehicle which is either non-operational or non-licensed shall be kept or stored on Schulze Ranch, unless said vehicle is kept or stored in a fully enclosed building. XI. TEMPORARY RESIDENCES: No structure of temporary character, recreational vehicle, camper unit, trailer, basement, tent or accessory building shall be used on any tract as a residence. Recreational vehicles, camper units and tents may be used for vacation camping for periods not to exceed ninety (90) days per calendar year. XII. MOBILE HOMES: Neither mobile nor modular homes shall be permitted on any lot within Schulze Ranch. All homes must be placed on a permanent foundation. XIII. LAND USE: Commercial wood harvesting, mining (including removal of soil, gravel or rock) is prohibited, except as herein provided. No trees (except dead timber) may be cut without advanced written permission of the Homeowners Association. Developers shall be permitted to complete the open pit mining project currently in operation on Lot 2 of the subdivision. Upon completion or abandonment of the project, developers shall be responsible for reclamation of the property in accordance with local and state regulations. XIV. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity by either the Homeowners Association or any individually aggrieved owner of property in Schulze Ranch against any person or persons violating or attempting to violate any Covenant. In validation of any of these Covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. In the event legal action is necessary, the prevailing party shall be entitled to its costs, including attorney’s fees, which may be enforced by lien as provided in Paragraph II(c) above. XV. TERMS OF COVENANTS: These covenants and restrictions run with the land and shall remain in full force and effect for twenty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive period of ten years, unless an instrument signed by a majority of the then owners of the lots has been recorded, changing said covenants in whole or in part. The purchaser(s) of each lot within Schulze Ranch shall be entitled to one vote per lot owned as set forth in the By-Laws of the Homeowners Association. XVI. SEVERABILITY: In the event that any of the provisions of these Covenants shall be deemed invalid, the remainder thereunder shall continue in full force and effect. [signed] Leslie F. Schulze and Myrtle F. Schulze


DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.  

SILVER CLIFF RANCH PROTECTIVE COVENANTS

KNOW ALL MEN BY THESE PRESENTS: SILVER CLIFF LAND AND CATTLE COMPANY (Declarant) is the owner of that certain property described as SILVER CLIFF RANCH, a portion of which is shown by the plat thereof recorded in the records of Custer County, Colorado. Declarant intends to sell, dispose of and convey the lots as set forth and delineated on such plat, and desires to subject those lands and the lots comprising said lands to the protective covenants, conditions, restrictions and reservations hereinafter set forth and referred to as “covenants.” NOW, THEREFORE, Declarant does hereby establish a general plan for the protection, maintenance, development and improvement of said land and such covenants are for the mutual benefit of all lots now comprising said land, and Declarant has fixed, and does hereby establish the covenants upon said land for the mutual benefit of the lots comprising said property and of each owner thereof, and such covenants shall run with the land and shall inure to and pass with each and every parcel or lot therein, and shall apply to and bind the respective owners, their successors and assigns. SAID COVENANTS ARE AS FOLLOWS: 1. BUILDING LOCATION. Said land shall be used for residential purposes only and no residential building shall be permitted which shall house more than one family. No building shall be erected nearer than thirty (30) feet to any boundary along a street, or nearer than twenty-five (25) feet to any of the other boundary lines of said lot. For the purpose of this covenant, eaves, steps and open porches shall be considered as a part of the building. No lot is to be resubdivided into smaller tracts or lots or conveyed or encumbered in any size less than the full dimensions shown on the recorded plat. 2. BUILDING SIZE. No main residential structure shall be permitted on any lot, the habitable floor space of which, exclusive of basements, porches and garages is less than 550 square feet. Appropriate ancillary buildings with no minimum dimensions, in keeping with the architecture of the principal building shall be permitted. However, no used or previously erected or temporary house, structure, or nonpermanent outbuilding shall be placed, erected or allowed to remain on any of the land except during construction periods and no dwelling house shall be occupied in any manner prior to its completion. Tents, trailers and campers will be permitted for vacation use for short periods of time prior to or during home construction. 3. ANIMALS. Ordinary household pets may be kept on said lands. Horses may be kept only on such lots as have obtained a well permit authorizing the watering of horses. No lot may have greater than two horses per lot. All other animals may be kept only with the prior written permission of the Declarant. 4. EXTERIOR. Any building erected upon any of said lots shall be sided with brick, stone, wood, or combination thereof, shall be roofed with wood, asbestos, or tile shingles and shall be of earth and/or subdued colors. 5. TIME OF CONSTRUCTION. Once construction has been initiated on any structure, including walls, fences, residences, ancillary buildings or other structures, construction of that particular structure shall be completed within one (1) year of the time such construction was initiated. Such time periods may be extended under unusual circumstances in the discretion and with the written approval of Declarant. 6. SEWAGE. No sewerage disposal system, sanitary system, cesspool, or septic tank shall be constructed, altered, or allowed to remain or be used in any tract unless fully approved as to design, capacity, location, and construction by all proper public health agencies of the State of Colorado and the Town of Silver Cliff and by Declarant. All such sewage disposal systems, sanitary systems, cess pools, or septic tanks shall be of the non-evapo-transpirative type, and any leach fields shall be constructed below the normal root zones of ordinary plants. 6.5 WATER. The provision of obtaining water for any lot shall be the responsibility of the individual property owner. Water to all lots shall be provided by way of individual or multiple unit wells. All future well permits shall provide that water withdrawal from all wells will be used only for in-house purposes and for occasional livestock watering of horses. Use of water for any purpose outside the dwelling unit, such as for swimming or wading pools, irrigation of trees, shrubs, lawns, or car washing is prohibited hereafter. All property owners, before submitting an application for well permit, shall have same approved by the Declarant or any homeowner’s association created subsequent hereto. Once said well application is approved by the State engineer, a copy of same shall be provided to the Water Court, Water Division No. 2, by each property owner receiving said well permit. Each property owner shall install a water meter or other measuring device satisfactory to the Division Engineer and provide access to same by the Division Engineer and readings of same as may, from time to time, be required by the Division Engineer. Property owners will be bound by all of the provisions of the Findings of Fact, Conclusions of Law, Judgment and Decree, District Court, Water Division 2, State of Colorado, Case No. 84CW4 as same may be applicable to them. 6.6 WELL PERMITS. All well permits must be submitted to Silver Cliff Land and Cattle Company, or a successor homeowner’s association, for its approval prior to submission to the State of Colorado. To receive approval by Silver Cliff Land and Cattle Company, a building permit must accompany the well permit application. Silver Cliff Land and Cattle Company, or a successor homeowner’s association, may waive the requirement of a building permit if it determines that conditions warrant. The well permit should also be accompanied by the appropriate filing fee as required by the State of Colorado. 7. NUISANCES. Said land shall not be occupied or used for any commercial or business purposes nor for any noxious or offensive activity and nothing shall be done or permitted to be done on said land which is a nuisance or might become a nuisance to the owner or owners of any of the surrounding lands including the disposal of trash and junked cars. L.P. Gas tanks, oil tanks, garbage and trash containers must be underground or placed in walled-in areas so as not to be visible from adjoining properties or from public streets. 8. ZONING INFLUENCE. All zoning and other laws, rules and regulations of any government under whose jurisdiction said land lies are considered to be a part hereof and enforceable hereunder and all owners of said lands shall be bound by such laws, rules and regulations. 9. HUNTING. No hunting will be allowed within the boundaries of Silver Cliff Ranch. 10. TERM. These covenants shall be binding on all owners of said land until such time as they are amended. These covenants may be changed at any time by an amendment signed by the ownership of a simple majority of the lots. 11. ENFORCEMENT. Enforcement of these Covenants shall be by proceedings at aw or in equity against any person or persons violating or attempting to violate any Covenants herein, either to restrain such violation or to recover damages. The Declarant, any property owner, or any subsequently formed homeowner’s association shall have full power to enforce the provisions of District Court Water Division No. 2, Case No. 84CW4 and all of the provisions thereof by any proceedings at law or in equity. The Declarant or its agents, assigns, or any homeowner’s association to be subsequently formed by the property owners reserve the right, whenever there shall be an obvious violation of one enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner. Such entry, abatement, or removal shall not be deemed a trespass. The failure to enforce any right, reservation, restriction, or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to breach occurring prior to or subsequent thereto and shall not bar or affect its enforcement. Declarant may assign any and all of its rights, powers, obligations, and privileges under this instrument to any corporation, association, or person. 12. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

[signed] SILVER CLIFF LAND AND CATTLE CO., James N. Blue, President


DISCLAIMER:  This is for informational purposes only, Westcliffe Home and Ranch, LLC, and its assigns in no way take responsibility for the information referenced above or the covenants recorded by and for the Homeowner's Association referenced herein.