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