Loading...
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. -2- 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. -%cam-C�-�_/��• - - -2� - '�-- / �,� NOTARY PUBLIC, 'i