Loading...
HomeMy WebLinkAboutENGLISH RANCH FIFTH - Filed OA-OTHER AGREEMENTS - 2003-07-31SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, THE ENGLISH RANCH, FIFTH FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO TABLE OF CONTENTS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, EAEMENTS AND RESTRICTIONS THE ENGLISH RANCH, FIFTH FILING ARTICLE I - I:NTRODUCTION 1.1 Fifth Filing . . 1.2 , . Development ofFifthFiling • . . . . . . 1 1.3 Additional Covenants, Conditions. and. Restrictions 1 ARTICLE II - DEFINITIONS 2.1 General . . 2.2 _ . . . . Fifth Filing . , , , , . 1 . . , . . . . ARTICLE III - PURPOSE OF SUPPLEMENTAL DECLARATION . 3.1 General Plan and Declaration 3.2 . . . . . . . . . . Covenants Appurtenant . . 2 . . . ARTICLE IV - ADDITIONAL USE RESTRICTIONS 4.1 Land Use and Building Type . . 4.2 . _ . . Definition of Story . . . . 2 4.3 _. _. Building Location . . . . . . . . . 2 4.4 . . . . . . . . . . . . Lot Area and Width 2 4.5 . . . . . . . . . . . . . . . Roofing Material . . 3 4.6 Easements for Utilities and Drainage• � . . . 3 4.7 . . . . . . . . Solar Energy Installations 3 . . 4 ARTICLE V - MISCELLANEOUS PROVISIONS 5.1 Amendment and Duration 5.2 Adoption b . . . . . . . . . P y Reference 4 . . . . . 4 i SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS, THE ENGLISH RANCH, FIFTH FILING This Supplemental Declaration of Covenants, Conditions and Restrictions (hereinafter the "Supplemental Declaration") is made this _ day of �� , 199_, by Bartran & Company, Inc., a Colorado Corporation, ( hereinafter the Declarant"); W I T N E S S E T H: ARTICLE I - INTRODUCTION 1.1 Fifth Filina: Declarant is the Owner of the property constituting the English Ranch, Fifth Filing, a subdivision in the City of Fort Collins, Colorado, according to the plat thereof recorded in the Office of the Clerk and Recorder of Larimer County, Colorado, on the day of 199 , at Reception Number Said property is identified as the "Fifth Filing" herein. 1.2 Development of Fifth Filing: The Fifth Filing is part of the development land described and identified in the Declaration of Covenants, Conditions, and Restrictions The English Ranch recorded on April 7, 1992, at reception no. 92025524 of the records of the Larimer County Clerk and Recorder (hereafter the "Master Declaration"). By this Supplemental Declaration the Declarant is annexing the Fifth Filing to the English Ranch Project Area pursuant to Section 3.2 of the Master Declaration and thereby subjecting all of the lots and tracts in the Fifth Filing to the Covenants, Conditions and Restrictions of the Master Declaration. In furtherance of the Master Declaration the Declarant has caused the Subdivision Plat for the Fifth Filing to be prepared and recorded in the Office of the Larimer County Clerk and Recorder. Declarant intends to sell Lots in the Fifth Filing for use as sites for Detached Single Family Dwellings as contemplated by the plan for development of The English Ranch Area. 1.3 Additional Covenants Conditions and Restrictions: Pursuant to the provisions of Section 6.3 of the Master Declaration this Supplemental Declaration imposes additional covenants, conditions and restrictions on the property constituting the Fifth Filing and on the Owners of Lots therein. ARTICLE II - DEFINITIONS 2.1 General: Unless otherwise expressly provided herein the capitalized terms in this Supplemental Declaration shall have the same meaning as any similarly capitalized and defined terms in the Master Declaration. 2.2 Fifth Filing shall mean the lands subdivided by the Subdivision Plat of The English Ranch, Fifth Filing, as more particularly described in Section 1.1 hereof. ARTICLE III - PURPOSE OF SUPPLEMENTAL DECLARATION 3.1 General Plan and Declaration: This Supplemental Declaration is hereby established as a part of, pursuant to and in furtherance of the common and general plan for the development, improvement and sale of property within the Fifth Filing and for the purpose of enhancing and protecting the value, desirability and attractiveness of the Fifth Filing. Declarant for itself, its successors and assigns hereby declares that the Fifth Filing and each part thereof shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject not only to the covenants, restrictions, limitations, reservations, exceptions and other provisions set forth in the Master Declaration, but also to those set forth herein, all of which are declared to be a part of, pursuant to and in furtherance of a common general plan of development, improvement, enhancement and protection of the Fifth Filing. 3.2 Covenants Appurtenant: The provisions of the Master Declaration and of this Supplemental Declaration are intended to and shall run with the land and shall binding upon and inure to the benefit of (a) the Fifth Filing, (b) Declarant and (c) all persons having or acquiring any right, title or interest in any property in the Fifth Filing or any improvements thereon and their heirs, personal representatives, successors and assigns. ARTICLE IV - ADDITIONAL USE RESTRICTIONS 4.1 Land Use_ and Building Type: No Lot in the Fifth Filing shall be used except as the site of a Detached Single Family Dwelling and such appurtenant structures as may be approved by the Architectural Standards Committee and erected thereon in conformance with the Master Declaration and this Supplemental Declaration. 4.2 Building Area. The ground floor area of the residence on lots in the Fifth Filing, exclusive of open porches and garages, shall be not less than 1,000 square feet for a one story dwelling nor less than 700 square feet for a dwelling of more than one story. A basement or garden level area designed and constructed to be used as living space within a dwelling and located under another level of the dwelling designed to be used as living space shall be considered a story for the purpose of this covenant. For split level residences the main floor of the entire structure shall be considered as one story regardless of differences of elevation between the various levels. 4.3 Build_ing Location: No building shall be located on any 2 Lot nearer than 20 feet to the front lot line, five feet to any interior side lot line, 15 feet to any side street lot line or nearer than 15 feet to the rear lot line. For the purpose of this provision, eaves, steps and open porches shall not be considered as a part of the building; provided, that this provision shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. 4.4 Lot. Area and Width: No dwelling shall be erected or placed on any Lot having a width of less than 45 feet at the minimum building set -back line, nor shall any dwelling be erected or placed on any Lot having an area of less than 7,500 square feet. 4.5 Roofing Material: The roofs on all buildings within the Fifth Filing shall be shingled with taper sawn cedar shingles, taper sawn pine shingles, medium weight cedar shakes of #2 grade or better, or such other materials as may, from time to time, be specifically approved by the Architectural Standards Committee. 4.6 Easements for Utilities and Drainage: Easements for the installation and maintenance of utilities and drainage facilities are dedicated as shown on the Fifth Filing Subdivision Plat. Within these easements no structures, plantings 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 or which may obstruct or retard the flow of water through drainage channels. Except as provided below, a fence may be erected across a drainage channel provided there is an adequate space between the bottom of the fence and the surface of the ground beneath the fence which will allow the passage of drainage water. Such space shall be no less than four inches; provided, however, that the Architectural Standards Committee may require a larger space if it deems the same necessary or desirable. The easement area of any property in the Subdivision and all improvements in it shall be maintained continuously by the Owner of the property except for those improvemen s for which a public authority or utility company is responsible. he easements dedicated on the Fifth Filing Subdivision Plat include a utility and drainage easement eleven foot in width adjoining the south boundary of the subdivision (Lots 293 through 296 inclusive). An irrigation lateral is now located along the south boundary of the Fifth Filing, approximately one-half of said lateral being located on the Fifth Filing and then other half being located on property adjoining the Fifth Filing on the south. The south five feet of the 11 foot wide total easement may be used by the owner of the irrigation lateral for the purpose of maintaining the irrigation lateral in its present location. The remainder of said 11 foot wide easement shall be used for the installation and maintenance of utility lines. No fence shall be located on any Lot within five feet of the south line of the Fifth Filing.' The irrigation lateral carries irrigation water easterly across the county road to irrigate property located in the West Half of Section 33, Township 3 I .5 14 O �� mil. t P_ C -. J' O "A/ ' e'er} , 7 North, Range 68 West of the 6th P.M. tom--right--to---ope-r-a-te___an.cLmaintain � � t'therefor and the_.irrigation lateral --shall terminate --when the -propert-y_--so-_.served-by the irrigation latera} is water came -reed from farming use, and there is no longer any irrigation __.carried- through---such-.--irr-igati-on---lateral-for-tyre purpose"of irrigating -..said lands. Thereafter said easement shall exist only for the purpose of installing and maintaining utility lines and drainage facilities, and fences may then be erected by the owners of the lots abutting the south line of the Fifth Filingwithin the south five feet of the Lot � CoK� 4.7 Solar Enercry Installations: The Architectu�Yal andards ' Committee shall approve the plans and specifications' for the installation of residential solar systems, provided that the Committee determines, in its sole discretion, that such plans and specifications demonstrate the exercise of reasonable measures to minimize the potential adverse aesthetic impact of the installation on other portions of the Fifth Filing and other property in the English Ranch Project Area. Any such Architectural Standards Committee approval shall have no effect upon the enforceability of any other use restrictions in the Master Declaration or this Supplemental Declaration. The Committee may promulgate standards and guidelines against which to examine any such plans and specifications. Any such standards and guidelines restricting the installation or use of a solar energy m shall not significantly increase the cost of the systemnorsignificantly decrease its efficiency. ARTICLE V - MISCELLANEOUS PROVISIONS 5.1 Amendment and Duration: This Supplemental Declaration may be amended or repealed at any time only by complying with the applicable requirements of Section 6.1 and 6.4 of the Master Declaration; provided, however, that the approval by Owners required under Section 6.4 of the Master Declaration shall require the approval only of 75% of the Owners of Lots in the Fifth Filing. This Supplemental Declaration shall continue and remain in full force and effect for so long as the Master Declaration remains in effect, in accordance with Section 6.1 thereof. 5.2 A_doot:ion B Reference: Sections 6.2, 6.4, 6.5, 6.6, 6.7, 6-8, 6.9, and 6.10 of the Master Declaration are incorporated herein by reference, and the provisions thereof shall apply to this Supplemental Declaration. 4 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be execute on the day and year first above written. BARTRAN & COMPANY, INC., A Colorado Corporation By: President ATTEST: Secretary STATE OF COLO:RADO ) COUNTY OF LAR:IMER ss. The foregoing instrument was acknowledged before me this day of December, 1994, by William D. Bartran as President and A--E. March, Jr. as Secretary of Bartran & Company, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: 5 Notary Public