HomeMy WebLinkAbout962421.tiff COVENANTS FOR
WEST HILL-N-PARK FOURTH. FILING
The following Covenants shall bind and inure to the benefit of
the owners of all parcels of real estate within West Hill-N-Park
Fourth Filing, Weld County, Colorado, and whose grantor was West
Hill-N-Park, Inc . or its heirs or assigns, and to any and all
owners and their heirs, successors and assigns .
1 . Except as to Lots 34, 35, 36, 37, 38 and 39 in Block 1
and Lot 56 in Block 10 , every lot in the subdivision shall be
occupied for single family residential purposes only by either a
conventional fixed-location home constructed on the lot, or
manufactured home (as defined in Amended Section 10 . 1 .M of Weld
County Ordinance No. 89-DD) . Lots 34, 35, 36 , 37, 38 and 39 in
Block 1 and Lot 56 in Block 10 shall be occupied for single family
residential purposes only by a conventional fixed location home
constructed on the lot . No buildings shall be erected, altered,
placed or permitted to remain on any lot other than one detached
single family dwelling not exceeding two stories in height and a
private garage for not more than three vehicles . One tool shed of
factory origin, maximum of 10 feet by 12 feet, may be placed upon
lot .
2 . No dwelling shall be constructed or erected on any lot at
a cost of less than $45, 000 . 00 . Said sum shall be increased or
decreased proportionately for changes in the consumer price index
after the date on which these Covenants are recorded. It is the
purpose of this Covenant to assure that all dwellings shall be of
a quality equal to or better than that of the dwellings in West
Hill-N-Park Third Filing also known as Arrowhead South pursuant to
the recorded Third Filing Covenants . The area of dwellings,
exclusive of open porches and garages, shall be as follows :
a. Not less than 800 square feet for a one story dwelling;
b. Not less than 900 square feet for the total of any two
adjacent levels of a dwelling with three or more levels;
c . Not less than 800 square feet on the upper level of a two
level home where the lower is a garden level; and
d. Not less than 600 square feet per story for a home of two
stories or more .
3 . 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.
4 . No sign 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 six square feet advertising
the property for sale or rent, or signs used by a builder to
advertise the property during the construction and sales period.
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5 . No lot shall be used for an open storage of construction
materials or any other material, except during the construction of
an authorized improvement .
6 . No noxious or offensive trade or activity shall be
conducted upon any lot .
7 . No animals of any kind shall be raised, bred or kept upon
any lot for commercial purposes .
8 . No patio, carport or other addition to a home shall be
located any nearer than 10 feet to the rear lot line and 5 feet
from side lot line .
9 . Fencing shall be either of two styles - Elcar type chain
link, four or five feet in height, or cedar or redwood board
fencing not to exceed six feet in height . No fencing shall be
placed on the front twenty feet of lot .
10 . In no event shall any portion of any home or other
structure be erected over any easement for utilities or otherwise .
11 . No lot as platted shall be subdivided for the purpose of
making two or more lots . No more than one home shall be permitted
on any one lot .
12 . Easements for utilities and maintenance thereof are
reserved as shown on the recorded plat .
13 . Natural drainage associated with any lot shall not be
altered so as to drain onto the adjacent properties .
14 . All trash, garbage and other household debris shall not
be allowed to accumulate for more than seven (7) days before
disposal . Each property owner shall be responsible for the proper
storage and disposal of trash, garbage and household debris in
accordance with the current rules of the County Health Department .
15 . No animals or fowl of any kind shall be kept or
maintained on any lot; except that either two dogs, two cats, or
two caged birds may be kept as pets. The total number shall not
exceed three animals and can be a combination thereof, but cannot
be more than two of same species . All animals shall be confined to
the individual property owners premises, and such confinement shall
not be on the portion of the lot bordering upon the streets or
walkways of the subdivision.
16 . No motor vehicle which is not currently licensed, capable
of moving under its own power, and equipped with functioning lights
and all other equipment required by law for operation on public
highways shall be kept, stored or allowed to stand on any lot, nor
be parked on the street .
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17 . No boat, trailer, camper or habitable motor vehicle shall
be kept or stored on any lot except within an enclosure which will
screen such boat, trailer, or vehicle from view from the street and
adjoining lots; nor shall it be parked on street for a period
longer than forty-eight hours .
18 . Each lot shall be accompanied by a voting and assessable
membership in the West Hill-N-Park Property Owners Association.
By-laws for the Association will be developed, changed, and
enforced by the Board of Directors of the Association.
19 . The developers of West Hill-N-Park Fourth Filing shall
maintain the designated open spaces and parks until such time as
50% plus one of the total lots have been sold to other voting
members . At that time, the Owners Association shall be responsible
for the maintenance of all said parks, tot lots, buffer zones,
storage areas and other areas designated for the use of all
residents of West Hill-N-Park Fourth Filing.
20 . Due to the damages to streets and ways within West Hill-
N-Park Fourth Filing occasioned by the use of said streets and ways
by semi-tractor/trailer rigs, no lot owners or occupants, or
invitee of the same, shall traverse the street or ways within the
subdivision with a vehicle with a gross weight greater than five
tons .
21 . Invalidation of any one of these Covenants by judgment or
Court order shall in no way affect any of the other provisions
which shall remain in full force and effect .
22 . All of the above described Covenants shall be effective
through September 1 , 2005, and said Covenants shall be effective
thereafter for additional ten year periods without any further
action of the West Hill-N-Park Property Owners Association, unless
prior to the commencement of any additional ten year period
appropriate action is taken by West Hill-N-Park Property Owners
Association to terminate the effect of the above Covenants . Any
such action taken by the West Hill-N-Park Property Owners
Association shall be filed of record with the Weld County Clerk and
Recorder in a form which will substantially inform any interested
party as to the termination of the above Covenants.
23 . These Covenants may be enforced by the West Hill-N-Park
Property Owners Association or by the owner or owners of any lot in
West Hill-N-Park Fourth Filing.
Dated this 15th day of September, 1995 .
WEST HILL-N-PARK, INC.
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'Bv g i %/ i' _ L
President / L-
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CERTIFICATE OF RESOLUTION
OF
BOARD OF DIRECTORS
OF
HILL 'N PARK SANITATION DISTRICT
The undersigned, secretary of Hill 'N Park Sanitation
District, hereby certifies that the foregoing resolution was passed
by the Board of Directors of the Hill 'N Park Sanitation District
on the 30th day of August, 1995 , and that such resolution remains
in full force and effect on the date hereof, to wit :
WHEREAS, West Hill 'N Park, Inc . , the owner of West Hill 'N
Park Subdivision, Weld County, Colorado, has heretofore constructed
and paid for expansion of the District' s sewer treatment facilities
in order that the District would have treatment facilities
sufficient to serve West Hill 'N Park Subdivision and in exchange
therefor, the District agreed to and is contractually committed to
provide sewer service to West Hill 'N Park Subdivision;
WHEREAS, the owners of Carriage Estates, a subdivision of Weld
County, Colorado, have requested that the District provide sewer
taps and sewer treatment services for the remaining undeveloped
lots in said subdivision;
WHEREAS, it has been determined that the tap fee of the
District charged to owners of lots in Carriage Estates Subdivision
be $150 . 00 per tap; however, the owners of Carriage Estates
Subdivision with which the District has had direct contact have
agreed to pay $1, 288 . 00 for single family or duplex zoned lots and
$2 , 150 . 00 for four-plex zoned lots (see attached letter) , and the
District is required to provide engineering studies on the adequacy
of the facilities after the treatment facilities have reached 80%
of capacity, and in the event that the District grants sewer taps
to the owners of undeveloped lots in Carriage Estates, the
treatment facilities will exceed 80% of capacity and accordingly,
the District must collect increased tap fees from the owners of
undeveloped lots in Carriage Estates to fund such studies;
NOW, THEREFORE, BE IT RESOLVED, provided that the Board of
County Commissioners grants to West Hill 'N Park, Inc . , the
platting of West Hill 'N Park, Fourth Filing Subdivision, the
District will grant to the owners of Carriage Estates Subdivision
sewer taps on the payment of a tap fee of $1, 288 . 00 for single
family or duplex zoned lots and $2 , 150 . 00 for four-plex zoned lots;
and
BE IT FURTHER RESOLVED that the District has determined the
foregoing action is the only alternative and is necessary to avoid
breach of its contractual commitments to provide sewer taps and
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sanitation facilities to the owners of West Hill 'N Park
Subdivision.
Dated this 30th day of August, 1995 .
Secretary of Board of irectors of
Hill 'N Park Sanitation District
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