HomeMy WebLinkAbout20101456.tiff 11111111111111111111111111111 IIII 111111 III 11111 IIII IHI
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$� BUXMAN ESTATES SUBDIVISION
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
I. PREAMBLE
THIS DECLARATION made and executed this 3 day of January, 2004, by
Donald D. Buxman, Doris F. Buxman, Harold C. Buxman, Lisa Rae Buxman, as owners
of Lot B of RE-2339 being part of the W2SW4 of Section 21, Township 6 North, Range 66 -
west of the 6t P.M., Weld County, Colorado, Lots 1 - 8 of the Buxman Estates Subdivision,
are a part of the above-described legal description as shown on the subdivision plat
recorded at Reception No.
WHEREAS, Declarant desires to develop the property for residential purposes.
Declarant deems it desirable to subject the property to the covenants, conditions and
restrictions set forth in this Declaration in order to preserve the values of the individual lots
and to enhance the quality of life for all owners of such lots.
WHEREAS, Declarant, therefore, declares that all of the Property is and shall be
held, transferred, sold, conveyed and occupied subject to the terms, restrictions,
limitations, conditions, covenants, obligations, liens, rights of ways, and easements, which
are set forth in the Declaration all of which shall run with the Property and shall inure to the
benefit of, and be binding upon, all parties having any right, title or interest in the Property
or any portion thereof, and such person's heirs, grantees, legal representatives,
successors and assigns.
WHEREAS, Declarant hereby submits the real estate identified above to the
provisions of the Colorado Common Interest Ownership Act, Sections 36-33.3-101 (The
Act), et. seq., Colorado Revised Statutes, as it may be amended from time to time. In the
event The Act is repealed, the Act, on the effective date of this Declaration, shall remain
applicable.
NOW, THEREFORE, the undersigned owners do hereby declare that all of the
properties described above shall be held, sold and conveyed subject to the following
restrictions, covenants and conditions which are for the purpose of protecting the value and
desirability of and which shall run with the real property and be binding on all parties having
any right, title or interest in the described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner. The purpose of
these restrictions is to ensure the use of the property for attractive country residential
purposes, to prevent nuisances, to prevent the impairment of the attractiveness of the
property, and to maintain the desired tone of the subdivision and intended purposes of the
property and thereby to secure to each site owner the full benefit and enjoyment of his or
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her home with no greater restriction on the free and undisturbed use of each lot than is
necessary to ensure the same advantages to the other site owners.
II. DEFINITIONS
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General: The words and terms defined in this Article shall have the meanings herein set
forth unless the context clearly indicates otherwise.
Association: Shall mean and refer to Buxman Estates Homeowner's Association, a
Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The
members of the Association shall be Lot Owners as defined herein.
Common Areas: Shall refer to all real Property or interests therein owned by the
Association and easements and rights of way for the common use and enjoyment of the
Owners, together with and including, but not by way of limitation, the road Sunshine Lane,
utilities, and utility easements.
Developer: Shall mean Donald D., Harold C., Doris F. and Lisa Rae Buxman, owners of
the Property, their successors and assigns.
Developer Responsibilities: Shall refer to the road constructed pursuant to specifications
required by Weld County known as Sunshine Lane.
Developer shall install a gravel road according to the specifications of.Weld County.
The Association shall maintain, repair, and replace the road after the Developer has
installed such facility.
Developer shall plant non-weed natural vegetation in the right of way adjacent to Sunshine
Lane.
The Association shall maintain and replace non-weed vegetation after the Developer has
planted such vegetation and said Association has assumed responsibilities.
Lot: Shall mean and refer to any parcel or plot of land located withih the exterior
boundaries of the Property described on Exhibit "A" and owned by the "Owner", with the
exception of any "Common Area".
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Road and Utility Easements: Shall mean and refer to the road Sunshine Lane and all
utility easements presently existing on the Property or subsequently constructed by the
Declarant on the tracts or parcels of the property. "Roads" and "Utility Easements" shall
not include private driveways or utility extensions constructed by individual Owners to
provide access and utilities to dwellings or other structures located upon such Owner's lot
of the Property.
Single Family Dwelling: Shall mean an independent structure designed and occupied as
a residence for a single family.
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Subdivision: Shall mean and refer to Buxman Estates.
Other terms may be defined in specific provisions contained in the Declaration and shall
have the meaning assigned by each such definition. -4
III. DURATION OF RESTRICTIONS
Should any mortgage or deed of trust be foreclosed on the property to which this
instrument refers, then the title acquired by such foreclosure and the person or persons
who thereupon and thereafter become the owner or owners of such property, shall be
subject to and bound by all of the restrictions enumerated herein.
IV. LAND USE
No building or other structure shall be erected upon each lot except for one private
residential dwelling, together with no more than two detached outbuildings per lot. Each
private dwelling may have an attached garage, patio, porch or breezeway which shall not
be considered detached outbuildings so long as such structure is attached to the private
dwelling.
No trailer, basement, tent, shack, garage, barn or other structure erected on the said
premises shall at any time be used as a residence, temporarily or permanently, nor shall
any structure of a temporary character be used as a residence.
V. BUILDING SPECIFICATIONS
Minimum Square Footage and Building Height. The ground floor finished area of any
residence, exclusive of open porches, patios and vehicle garages, shall not be less than
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2000 square feet for a one-story residence; not less than 1400 square feet for the first floor
and not less than 2400 square feet above grade of a bi-level, tri-level, raised ranch or,two
story residence.
The external siding of each private dwelling inclusive of attached garages, carports,
porches and patios shall be constructed of a minimum of 40 percent masonry materials
either brick or stone, brick or stone masonry veneers or stucco.
Any and all structures constructed upon or placed upon the subdivision, including but not
limited to residential dwellings and all detached outbuildings shall be built to and comply
with the Uniform Building Code as adopted by the Uniform Building Code for the State of
Colorado.
No trailer houses or mobile homes, manufactured or modular homes or structures are
permitted.
Each lot owner agrees to maintain adequate ground cover free of noxious weeds on their
described property so wind or water erosion does not occur and cause damage to adjacent
property. Any ground cover loss due to construction shall be replaced within the first
growing season.
VI. RESTRICTIONS AGAINST KEEPING LIVESTOCK
Animal units to include equine, bovine and 4-H type animals as allowed in the E (Estate)
zone district as defined in the Weld County Code, and subsequent amendments, shall be
kept or maintained on any lot of the subdivision and such animal units shall be maintained
in proper animal enclosures or corrals and may not be allowed to roam or graze at large
upon the common areas of the subdivision.
No more than two dogs and two cats, not including unweaned litters, are allowed per lot.
Dog(s) and/or cat(s) are restricted to their respective lots and must not be allowed to roam
at large. Proper animal enclosures and restraint shall be maintained.
All agricultural activities and the raising of any livestock or produce of any nature permitted
herein must be incidental to the normal residential land use of the property and not be of
a commercial nature. Any animal pens, stalls, cages and enclosures shall be maintained
on a regular basis to assure a neat and orderly appearance and a clean and healthy
atmosphere. The maintenance of any equines or other animals upon the premises shall
not be allowed if offensive odors, noise or dust are allowed to escape onto the adjoining
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property owners.
VII. PROHIBITED USES
Each lot shall, at all times, be kept in a clean, sightly and wholesome condition. No trash,
litter,junk, boxes, containers, bottles, abandoned, unlicensed or disabled cars, abandoned
or disabled farm implements or machinery, car parts, car bodies or machinery parts shall
be permitted to remain exposed to view upon any such lot.
VIII. SANITARY SEWER
Each respective lot owner shall construct and maintain on his or her lot an individual
sanitary sewer system pursuant to all rules and regulations of local, county and state
authorities. Activities such as permanent landscaping, structures, dirt mounds, or other
items are expressly prohibited in each absorption field envelope.
IX. NUISANCE
Nothing shall be done or permitted to be done upon any lot which shall be or may become
an annoyance or nuisance to the adjoining property owners. No noxious, illegal, dangerous
or offensive activity shall be carried on upon any lot of the subdivision. No instrumentalities
creating loud and obnoxious noises shall be allowed on any lot of the subdivision.
X. GARBAGE AND REFUSE DISPOSAL
No lot or part of any lot of the subdivision 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 containers or other equipment for storage or disposal of such materials shall be kept
in a clean and sanitary conditions and the owner of each respective lot shall dispose of
their own trash, garbage and waste. Incinerators and burning of trash are not allowed.
XI. HOME OCCUPATIONS
Home occupations may be allowed in accordance with Weld County land use and zoning
regulations for the (E) Estate Residential Zone and subsequent amendments.
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XII. HOMEOWNERS RESPONSIBILITIES, MAINTENANCE AND IMPROVEMENTS
The title owners of Lots 1 through 8 shall collectively be the Buxman Estates Homeowners
Association and shall be jointly responsible for all inspections, suitability of conditions,
maintenance, improvements and costs associated with the access, roads, easements,
common areas and appurtenances, etc. The Buxman Estates Homeowners Association
shall meet at least once per year to evaluate the condition of the common areas and joint
responsibilities according to the General Provision of the covenants. All legal remedies are
available to the Buxman Estates Homeowners Association for enforcement of these
covenants and for the maintenance and payment of expenses according to the-General
Provisions.
XIII. GENERAL PROVISIONS
A. Severability. Invalidation of anyone of these covenants or restrictions by
judgment or court order shall not affect any other provisions hereof and the
same shall remain in full force and effect.
B. Amendment. The covenants and restrictions of this agreement shall run with
and bind the land for a term of 20 years from the date these protective
covenants are recorded, after which time they shall be automatically
extended for successive periods of 10 years. These protective covenants,
paragraphs I. through XI, may be amended at any time by first notifying Weld
County, and an instrument signed by not less than 6 of the 8 lot owners. Any
such amendment must be recorded in Weld County. Paragraph XII can only
be amended with prior consent of the Weld County Board of County
Commissioners. Paragraphs XIII., XIV. and XV shall not be amended by any
actions of an individual lot owner, the Homeowner(s) in common or the
Buxman Estates Homeowners Association. For purposes of this paragraph
each lot shall be allowed one vote regarding any amendment as allowed
herein.
XIV. RESTRICTIONS ON REPLATTING OR SUBDIVIDING
No replatting or further subdivisions of Buxman Estates shall be allowed unless approved
by the Homeowners Association and in accordance with applicable Local, State and
Federal regulations.
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XV. WELD COUNTY RIGHT-TO-FARM COVENANTS
WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, ranking fifth in total market value of agricultural
products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with longstanding agricultural practices and
a lower level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas; open views, spaciousness, wildlife, lack
of city noise and congestion, and the rural atmosphere and way of life. Without neighboring
farms, those features which attract urban dwellers to rural Weld County would quickly be
gone forever.
Agricultural users of the land should not be expected to change their long established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well
run agricultural activities will generate off-site impacts, including noise from tractors and
equipment' slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from
ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out
of the way of residential development without threatening the efficient delivery of irrigation
to fields which is essential to farm production.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be
a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural
production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches- available resources. Law
enforcement is based on responses to complaints more than on patrols of the county and
the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed, will not provide the same kind of surface expected from
a paved road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Snow removal for road's within
subdivisions are of the lowest priority for public works or may be the private responsibility
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of the homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban
dwellers.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high-speed traffic, sand burs, puncture vines, -
territorial farm dogs, and livestock present real threats to children. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood. Parents are responsible for their children.
IN WITNESS WHEREOF the undersigned, being the owners of all lots of the Buxman
Estates Subdivision, Weld County, Colorado, have hereunto set their hands and seals the
date and year first written above.
1)
Donald D. Buxman Doris F. Buxman /
Harold C. Buxman Lisa Rae Buxman
STATE OF COLORADO }
}ss
COUNTY OF WELD }
The foregoing instrument was acknowledged before me, a Notary Public, this 3 day
of January, 2004, by names in the signature blocks above.
WITNESS my hand and official seal.
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My commissions expires:
tiz
Notary Public
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