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HomeMy WebLinkAboutCEDAR VILLAGE THIRD - Filed OA-OTHER AGREEMENTS - 2003-07-31DECLARATION OF PROTECTIVE COVENANTS FOR CEDAR VILLAGE, THIRD FILING KNOW ALL MEN BY THESE PRESENTS: That Miller Properties, Inc., being the owner in fee simple of all lands in CEDAR VILLAGE, THIRD FILING does hereby establish these Protective Covenants for the benefit and protection of said CEDAR VILLAGE, THIRD FILING and of the undersigned, and of each and every person hereinafter acquiring ownership of land herein. 1. LAND USE AND BUILDING TYPE. No building shall be erected, placed altered or maintained on any lot other than single family residences and such accessory buildings as may be required for ordinary resi- dential use with such residence by a single family. 2. ARCHITECTURAL CONTROL. No buildings shall be erected, placed, changed or altered on any lot until the construction plans and specifications and a plan showing the location of the principal building or residence, and all accessory buildings and all incidental improvements have been submitted to and approved by the Architectural Control Committee as to quality of workmanship and materials required, harmony of height and external design with existing and planned structures, and loca- tion of improvements with respect to lot lines, topography, and finish grade elevations. 3. DWELLING QUALITY AND SIZE. All improvements shall be constructed of good and suitable materials, of first class workmanship. The ground floor area of the main structure, exclusive of open porches and garages shall not be less than 700 square feet. 4. BUILDING LOCATION. No residential building shall be located on any lot nearer than 20 feet to the front line or nearer than 15 feet to any side street line and no building shall be located nearer than 5 feet to an interior lot line. For the purpose hereof, eaves, steps, uncovered porches, or patios shall not be considered as part of a building, provided, however, that this shall not be construed to permit: any portion of a building on a lot to encroach on another lot. 5. LOT AREA. No residence shall be on a lot or on parts of lots having an area of less than 6000 square feet. 6. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done upon any residence which may be or may become an annoyance or nuisance to the neighborhood. 7. ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control Committee consists of three members, namely, Bruce E. Miller, Charles L. Hoburg, and Dan R. Jensen, all of Fort Collins, Colorado, and the decision of any two members of said Committee shall determine all questions as to the conduct of said Committee. In the event of the death or resigna- tion of any member of the Committee, the remaining members shall have full authority to appoint a successor. No Committee member shall be entitled to compensation for services rendered pursuant to these covenants. The Committee's approval or disapproval of plans and speci- fications, as required by these covenants shall be in writing. In the event that such approval or disapproval be not made within 30 days after plans and specifications have been submitted to the Committee, or in any event, if no suit to enjoin construction has been commenced prior to the completion of the improvements, approval will not be required and the related covenants shall be deemed to have been fully" complied with. 8. TERM. 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 30 years after these covenants have been recorded, after which time, they shall be automatically extended for successive periods of 10 years, unless an instrument in writing, signed by a majority of the then record owners of said lots has been recorded, agreeing to change said covenants in whole or in part. 9. ENFORCEMENT. Enforcement hereof may be had by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, to enjoin, restrain and abate the violation and to recover damages. 10. SEVERABILITY. Invalidation of any of these covenants, by judgement or court order shall in no way affect any of the other covenants which shall remain in full force and effect. 11. EASEMENTS. Easements for the installation and maintenance of utili- ties, drainage facilities and irrigation water lines, together with right; of ingress and egress for maintenance are reserved and indi- cated upon the recorded plat. No building or other structure shall be constructed, erected, or placed upon any easement thus reserved excepts fences which shall in any event be subject to the rights of the lawful users and owners of such easements. The area within the street right-of-way between the property line and sidewalk line, the same being approximately 5 feet in width, shall be left clear of shrubs and trees and is hereby reserved for gas mains or other utili- ties and drains to serve this subdivision. 12. FENCES. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line. 13. TEMPORARy STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 14. SIGNS. No sign, of any kind shall be displayed to the public view on any residence lot except one sign of not more than 5 square feet advertising the property for sale. Signs advertising the subdivision and signs by contractors and builders of larger dimensions than that last mentioned advertising for initial sale, properties they have built, or upon which they propose to build may be allowed for reasonable temporary periods of time suitable to the purpose to be served, in the discretion of the Architectural Control Committee. 15. LIVESTOCK AND POULTRy. No animals, livestock or poultry of any kind shall be raised, kept or bred on any residence lot, except that dogs, cats, or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose. 16. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be per- mitted upon or in any lot. 17. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge 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 lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same sight line limitations shall apply on. any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight line. Witness our hands and seals this 23rd day of A.D., 1978. MTT.T.FR PRnpFRTIES, INC. March ATTEST: /G"..t , Charles L. Hoburg, Secretary STATE OF COLORADO) )ss COUNTY OF LARIMER Acknowledged before me this 23rd day of March by Dan R. Jensen as President of A.D., 1978, Miller Properties, Inc., and by Charles L. Hoburg as Secretary of Miller Properties, Inc. Notary Public My notarial commission expires October 25 1980 N - a