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HomeMy WebLinkAboutEASTBOROUGH - Filed OA-OTHER AGREEMENTS - 2003-07-31DECLARATION OF PROTECTIVE COVENANTS FOR ALL LANDS KNOWN AS EASTBOROUGH KNOW ALL MEN BY THESE PRESENTS: That Harry L. McCabe and Leroy I. Wreyford, being the owners in fee simple of all lands in Eastborough, a tract of land located in the NW 1/4 of Section 30, Township 7 North, Range 68 West of the 6th P.M., Fort Collins, Larimer County, State of Colorado, as shown on this Plat and described in the Statement of Owner- ship, Subdivision, and dedication hereon, does hereby estab- lish these Protective Covenants, for the benefit and protec- tion of said Plat of Eastborough, and of the undersigned, and of each and every person hereinafter acquiring ownership of land herein; 1. Land Use and Building Type. No lot shall be used except .for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling and private attached garage. 2. Dwelling Quality and Size. All improvements shall be constructed of good and suitable material of first class workmanship. The minimum areas shall be: 950 square feet for one story houses, excluding basement; 750 square feet for the first story of a multiple story house; 850 square feet for main floor and the upper level adjoining the main' floor for tri- level houses. 3. Building Location. The minimum building setback line shall be: (a) Front line, 30 feet; (b) Interior lot line, 7 feet; (c) Rear lot line, 15 feet; (d) Side street line, 15 feet. 4. Height. No structure shall exceed 35 feet in height from finished grade level to maximum roof height. 5. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lots as a residence, either temporarily or permanently, or for any other permanent purposes. 6. Easements. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on this plat. Within these easements, no structures, planting, or other materials shall be placed, or permitted to remain, which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in these easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained by the owner of the lot, except those for which a public authority or utility company is responsible. 7. Nuisances Prohibited. No noxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may be or may become a nuisance to the neighborhood. 8. Covenants Running With Land. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date hereof, unless by vote of a majority of -2- the then owners, it is agreed to change said covenants in full or in part, at which time said covenants shall be automatically extended for successive periods of ten (10) years. 9. Severability of Covenants. Invalidation of any of these covenants by judgment or Court Order shall in no wise effect any of the other covenants, which shall remain in full force. 10. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred, or kept, on any lot, except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes. 11'. Architectural Control. No building shall be erected, placed, or altered on any lot until the construction plans and specifications and plans showing the location of the structure have been approved by the architectural control committee as to quality of workmanship and materials, harmony of exterior design with existing structures, and the location with respect to topography, finished grade ele- vations, and relation to existing setback lines. 12. Fences. Fences shall be erected only in accor- dance with the City of Fort Collins Ordinance and shall be subject to review and approval by the Architectural Control Committee. Fences shall be of all wood construction. 13. Membership Committee. The Architectural Control Committee its composed of Harry L. McCabe, 870 Savings. Building, -3- Fort Collins, Colorado 80521; Leroy I. Wreyford, 333 West Drake, Fort, Collins, Colorado 80521; and Dick Siever, 2120 South College Avenue, Fort Collins, Colorado 80521; and the majority of the Committee may designate a representative for it. In the! event of the death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor to fill the vacancy. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services rendered under this Covenant. At any time, the recorded owners of a majority of the lots shall have the power, through a written instrument, to change the member- ship of the committee, or to withdraw from the committee, or to restore to it, any of its powers and duties. 14. Procedure. The Committee's approval or disapproval as required by the covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, approval will not be required and the covenants shall be deemed to have been fully complied with provided that express or implied approval shall be automatic in the event deviation from the plans and specifications submitted is made at any time prior to completion of construction. In the event no action hereunder has been commenced by the time said residence is completed, it shall be presumed all covenants have been fully complied with. -4- 15. `.signs. No signs of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, signs used by a builder to advertise the property during the construction and sales period, and the subdivision identifi- cation signs and structures placed at the entrance or entran- ces to the subdivision by the undersigned. 16. Oil and Minin Operations. No oil drilling, oil development operations, or 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 or in any lot. No derrick or other structure designated for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot. 17. Garbage and Refusal Disposal. No lot shall be used or maintained 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. 18. :Site Distance at Intersections. No fences, walls, hedges, or shrub planting which obstructs site lines at elevations between lands six feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection 515 of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same site line limitations shall apply on any lot within ten feet of the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained as sufficient height to prevent obstruction of such lines. 19. Severability. If the parties hereto, or any of them, or their heirs, or assigns, shall violate, or attempt to violate any of the covenants herein, it shall be lawful for any other person, or persons, owning any real property situate in said subdivision or development to prosecute any proceeding at law or in equity against the person, or persons, violating any such covenant, and either to prevent him, or them from so doing, or to recover damages or other dues for such violation. 20. Residences. Per Lot. The erection of more than one dwelling per lot or the resubdivision of lots is pro- hibited unless the written consent of the committee is obtained. 21. Continuity of Construction. All structures commenced shall be prosecuted diligently to completion and shall be completed within.six months of commencement, except with the written consent of the committee. 22. Move and Set. All construction within the sub- division shall be new construction and no previously erected building, structure, or improvement shall be moved and set upon any lot from any other location. ffm 23. Radio and TV Antennaes. Radio and TV aerials and antennaes shall not exceed eight feet higher than the ridge of any structure, and shall be attached to said structure. 24. Storage of Boats, Campers,.Trailers, et cetera. No boats, campers, trailers, or other such contraptions, devices, or vehicles shall be stored or permitted to remain for more than five (5) continuous days on any lot, except within enclosed garages or in completely enclosed, 100q- secured-from-vision areas, in the rear yard of the residence structures situate thereon. In no event shall more than two such vehicles be allowed to be stored on any lot as herein provided. 25. Storage. No tanks for the storage of gas, fuel, oil, or any other matter shall be erected, placed or permitted above the service of the lot. All clothesline equipment, service yards, wood piles or storage piles shall be screened and shall be located within the confines of enclosures, such a privacy fences or walls, located on the owner's property line, so as to conceal them from the view of the neighboring lots or streets. 26. Businesses, Nuisances, and Signs. No retail, wholesale, manufacturing, repair, business or professional offices, or home occupations of any kind, shall be permitted on any lot or in any living unit. No activity which may be or become an annoyance or nuisance shall be carried on upon any lot or in any living unit or anywhere on the properties. 27. Garages. Each residence shall have an attached car garage or car port for at least two cars but not more than three cars plus storage space. -7- 28. Solar Homes. No unit shall be constructed so as to obstruct the solar collection of long waive radiation from the sun installed in any structure either under construc- tion or already completed. Nor shall, any plantings or trees be allowed to so obstruct. 29. No yard fence of any kind shall be located or extended near to the front lot line than the minimum front lot line setback as provided in Paragraph 3 above. IN WITNESS WHEREOF, the undersigned have executed this Declaration of Protective Covenants this J� as day of A.D. , 197.7. a rr I Mrr;, ha STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this S-'rO'- day of , A.D., 1977, by Harry L. Mc Cabe and Leroy I. 4reyford. My Notarial ommission expires o q Acts., oC --r.2�z��� Notary Public W10