HomeMy WebLinkAboutELLIOTT MILLER FOOTHILLS WEST ELEVENTH - Filed OA-OTHER AGREEMENTS - 2003-07-31DtCupATIoB or PSO?wI11lt C#ri'txim appiic4me to the Luiott-awer Footialis vest
subdivision, Rleven-th tiling, situate in the northwest quarter of the xwtb Mast
quarter of section 119 towaship 7 berth, Range 69 vest of the Sixth P.N., City of
Fort Collins, COunty of Lariser, state of Colaradm, executed this Z7 ..'�aq
of _ Oatobua, 1971, WITASS"THI
1. LAYD fist AND unLonh a TYPE t no building shall be arected s placeds
altered or maintained on any lots in the Elliott -hiller peat subdivision, Eleventh
Filing other than single family, duplexs, out+ multiple family residences and such
sccesst»y huilaiagaa a: may be requSmrad for orctiaary residential use with such
residences.
x. ARCHITECTURAL CWTROW No bull4iva shall be erected, plsaed, changed tic
altered upon, any of the lots or traaots of this suWivisioa unless axd until the
construction plmuns and speci.ficationeq and a pilot sbowiag %us location at the
prinaihay structures, accessory buildings, landscaping (inaluding shrubbery and
twee locations) and all incidental imampraveareau have be4m oubmitted to and approved
by tb* Architectural Control Committee as to quality of voxrhaameastaip and materials
to be used, harmony o: height aaad extermal design with existing and planned
structures, and location of improvements with respect to lot lintel, topograpby and
finish grade: clevat!:oss.
3. AP". ITEC'PURAL CONTROL C=I?'Y i Tbs ArchitautuPal Coutrrel Committee
shall consist of throw (3) members, namely Alvin L. biller, FaLd P. Fuller, and
Bruce E. 'Miler, all of Fort Collins, Colora4o. "ch ewtmittee mettber shall
have one vote and a majority, vote &bail control on all questions. In the event
of the death or raaignati= of an) member, of the Ca"ittee, the remsinissg saws
shall have full authority to appoint a successor. No Committee member shall be
entitled to oompensaltion for services rendered hereunder. The Committee's
approval or disapproval of plan:; and specifications &h ll be in mwtriting. In the
event that such approval or dlaapyroval be not made witbin thirty (3o) days after
plans and specifications have been submitted to the Ccaaaaaaittee, the provisions of
this par&Eraph No. 3 shall not be raised in oL-Jostian to the subject coastsruatiou
our use; rrvvidad aluayms, however, tlsat as actions or waist of actions an the Fart
of the Architectural Control Committee shall be taken to permrit a vasrlanee or
waiver of the provisions of those Protective Covowwtsi atmd p"visied still
farther that the said Architectural Control Ccmittss r4r any meab" thereof
shall never be liable for dames to any person or party whatsoever on account
of its or their conduct and action or inaction hereunder.
4. BUILDING LOCATIONS# So single family ,residential building shall be
located on any lot nearer than thirty (30) feet to the front lot line, and so
two family residential building shall be located an any, lot nearer than fifteen (15)
feet to the front lot 110e; no multiple family building shall be located sears►
then fifteen (15) feet to the front lot line; am shall any baWing be located
hearer than fifteen (15) fast to any side street line. The distance betusen single
family residential buildings and the interior line separating aeWately-awned
properties shall be sot nearer than one foot for each three feet or fretatioa thereof
of such building heigght, except that in no case shall such single family residential
building be nearer than "vim feet to any such interior line, ataQ no tiro famUy or
baultiple family residential building shall be located nearer than one foot for eaaah
three feet or fraction thereof of such Wilding height, except that no such two
family Or multiple family residential building shall be located nea-er than five foot
to any such interior line. In all instances, so aide yard will be required for a
detached garage or other permitted accessory building located forty-five or more
from the maininum building setback line. No dwelling &ball be located on interior lets
(lose, not corner lots) nearer than fifteen feet to the rear lot line. For the
purpose herof, "vest steps, uncovered porobas and patios shall not be considered a
part of the building.
S. NUISANCES' No noxious or offensive activity aball be married cc upon
any lot, nor shall anything be done upon any residenae lot which say be or.
become an annoyance or nuisance to the neighborhood, including. without any
limitation upon the coverage of this restriction by the specifications, livestock,
poultry and animals of all sorts, except dogs, cats and other household pets
which are not kept, 1w-ed or maintained for any commercial purpose.
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6. rUCESs No few* or wall shall be erected, placed or altered on any
lot nearer to any street than the minimum building setback line.
7. TEMPORARY STRUCTURESt 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.
8. SIGNS: No sign, of any kind, shall be displayed to the public view
on any residence lot except one sign of not more than five 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 tine suitable to the purpose to be
served, in the discretion of the Architectural Control Coenxittee.
9. EASEMENTS: Easements for the installation and maintenance of
utilities, drainage facilities and irrigation waterlines, together with rights
of ingress and egress for maintenance are reserved and indicated upon the
recorded plat.
10. SERERAHILITY: Invalidation of any of these covenants, by judment
or court order shall in no wise affect any of the other covenants which shall
remain in full force and effect.
11. ENFOR.CEMENTs Enforcement of these covenants may be by owner of
property within the Elliott -Miller Foothills Vest Subdivision, Eleventh Filing, or
by the Architectural Control Cc mnittee, by proceedings at law or in equity against any per-
sons violating or attempting to violate any covenants, to enjoin, restrain, and abate
the violation, and to recover damages.
12. TERMi: These Protective Covenants are to run with the land in this
Subdivision and shall be as to all of said land and lots and tracts, -binding
on all parties and persons claiming an interest therein or thereunder for a
period of thirty (30) years after these covenants have been recorded, after
which time, they shall. be automatically extended for successive periods of ten
(10) years, unless an instrument in writing, signed by a majority of the thou
record owners of said lots and tracts, has boon recorded agreeing to change said
covenants in whole or part.
IN WITNESS WHEREOFs These covenants have been executed this day and year
first above written, in Larimer County, Colorado.
ATTESTS FOOTHILLS WEST DEVELOPMENT CORPORATION
ecreti y
%SEAL)
STATE OF COLORADO)
) on.
COUNTY OF LARIMER)
by
President
The above -find foregoing instrument was acknowledged before me this
day of i., _„ --- �, 12719 by Alvin L. !Biller as President and Enid P— Miler
as Secretary of Itth lls nest Development Corporation.
My commission expires
Witness my hand and official seal.
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NOTARY PUBLIC, 'i