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Home My WebLink About770622.tiff 09817 3 o'clock ,� DEC 14 1977 Recorded m -�_. ( Ra. No. 1738760 Mary Ann Fewntein, Recorder ON DECLARATION AND ESTABLISHMENT OF CONDITIONS, RESERVATIONS AND RESTRICTIONS FOR RIVER VIEW c' SUBDIVISION •J CO N KNOW ALL MEN BY THESE PRESENTS : '-I THOMAS J. COWAN of Greeley, Weld County, Colorado, being the owner (sometimes hereinafter referred to as ,=• Subdivider) of the following described property, situate in e0 the County of Weld, State of Colorado, known as River View to-wit; A tract of land located in the Eh of the SEa of the SEa of Section 26 , Township 6 North, Range 66 West of the 6th P.M. Weld County, Colorado, lying South of County Road No. 64 , being more particularly described as follows : V Beginning at the SE corner of said Section 26 , and considering the south line of tte SEa of said Section 26 , as bearing N 89 23 ' 50" W, with all other bearings contained herein relative thereto; Thence N 89° 23 ' 50" W, along the S line of the SEa of said Section 26 , 671. 66 feet; Thence N 00° 04 ' 31" E, 1037. 00 feet to a point on the S right of way line of County Road No. 64 ; Thence S 71° 11 ' 57" E, along the S right of way line of County Road No. 64 , 709 . 20 feet to a point on the E line of the SEa of said Section 26; Thence S 00° 04 ' 38" W, along the E line of the SEa of said Section 26 , 815. 51 feet to the SE corner of said Section 26 ; Said described parcel of land contains 14. 282 acres , more or less. has established a general plan for the improvement and develop- ment of said property, and does hereby establish the covenants , conditions , reservations and restrictions upon which and subject to which all lots shall be improved or sold and conveyed by him as owner thereof. Each and every one of these covenants, condi- tions , reservations and restrictions is and all are for the benefit of each owner of land in such subdivision, or any interest therein, and shall inure to and pass with each and every lot or parcel of such subdivision, and shall bind the respective successors in interest of the present owner thereof. These covenants , conditions, reservations and restrictions are and each thereof is imposed upon such lots , all of which are to be construed as covenants running with the title to such lots : 1. Residential Use. No lot shall be used except for single-family residential purposes. No building or structure intended for or adapted to business purposes , and no apartment house, double house, lodging house , rooming house, or other multiple-family dwelling, hospital , sanatorium or pro- fessional office shall be erected, placed, permitted, or main- tained on such premises , or on any part thereof. No improvement or structure whatever, other than a first class private dwelling house, patio walls , swimming pool, and customary outbuildings , garage, carport may be erected, placed or maintained on any lot in such premises. 770622 PC oi5O n04-817 11238760 2 . Garages, which shall be for the use only of the occupants of the residence to which they are appurtenant, may be attached or detached from the residence but may not have entrances facing the street. 3. Clotheslines , Equipment, etc. All clotheslines , garbage cans , equipment, coolers, wood piles, or storage piles shall be walled in to conceal them from the view of neibhbor- ing lots , roads, or streets. Plans for all enclosures of this nature must be approved by the Subdivider prior to construction. 4. Setback Lines. No building, structure , fence, hedge, outbuilding, or appurtenance of any nature shall be located closer than 30 feet from any lot or property line. 5. Livestock, Poultry and Pets. No animals , livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs , cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose; and that any household pet so kept shall be contained within a fenced enclosure or on leash when outside fenced enclosure at all times. 6 . Construction- Temporary Structures. Each lot owner shall start construction of his, her or their dwelling within 12 months of the date of purchase and delivery of deed and possession of such lot to such purchaser and when construction of such dwelling has once begun work thereon must be prosecuted diligently and must be completed within a reason- able time not to exceed 18 months from the date such work was begun. No dwelling rhay be occupied during construction nor at any time prior to its being fully completed. 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. 7 . Dwelling Cost, Quality and Size. No dwelling shall be permitted on any lot the cost of construction of which is less than $ 75, 000. 00 , based upon cost levels prevail- ing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwell- ings shall be of a quality of workmanship and materials sub- stantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one story open porches and garages , shall be not less than 1500 square feet for a one-story dwelling, nor less than 1000 square feet for a dwelling of more than one story or the ground floor area of a story and a half. 8 . Easements. Easements for installation and mainte- nance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements , no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and mainte- nance of utilities , or which may change the direction or flow of drainage channels in the easements , or which may obstruct or retard the flow of water through drainage channels in the ease- ments. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. -2- • ?s17 1938760 t S- 3 9 . Nuisances. No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any lot that will emit foul or ob- noxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort, or serenity of the occupants of surrounding property. Trash, garbage and other waste shall be removed from the premises at least once each week. 10. Signs. No billboards or advertising signs of any character shall be erected, placed, permitted, or maintained on any lot or improvement thereon except as herein expressly permitted. A name and address sign, the design of which shall be furnished to the lot owner on request by the Subdivider or Committee shall be permitted. No other sign of any kind or design shall be allowed. The provisions of this paragraph may be waived by the Subdivider or Committee only when in their discretion the same is necessary to promote the sale of property in and the development of the subdivision area. Nothing herein shall be construed to prevent the Subdivider or Committee from erecting, placing or maintaining sign structures and offices as may be deemed necessary by him for the operation of the subdi- vision; provided, however, no billboard or advertising or other sign of any character shall be erected, placed, permitted or maintained which does not conform to the Weld County Zoning Regulations. 11. Oil and Mining Operations. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, placed, or permitted upon any part of such premises, nor shall any oil, natural gas, petroleum, asphaltum, or hydrocarbon products or minerals of any kind be produced or extracted therefrom. 12. Mail and Delivery Boxes. The Subdivider shall determine the location, color, size, design, lettering, and all other particulars of all mail or paper delivery boxes and standards and brackets and name signs for such boxes in order that the area be strictly uniform in appearance with respect thereto.. 13. Off-Street Parking--Commercial and Recreational Vehicles, Each lot owner shall provide off-street parking on his, her or their lot for parking of at least 4 automobiles. The off-street parking area shall be surfaced with gravel , asphalt or concrete. Such off-street parking shall be exclu- sive of enclosed garage space. No boats, commercial or recreational vehicles , construction, or like equipment or mobile or stationary trailers of any kind shall be permitted on any lot of the subdivision unless first approved by the Subdivider and kept in a garage or other completely enclosed structure. 14. Fences, Walls and Hedges. No fence, wall , hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway into a residence. No trees shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. -3- 1738760 " 817 s y 15. Division of lots. No lot shall be resubdivided except as approved by the Subdivider, and any resubdivision of any lot shall conform with the Weld County Subdivision Regulations. 16. Radio and TV Antennas . Radio and TV aerials and antennas shall not exceed eight feet above the ridge of any structure and shall be attached to said structure. 17. Restrictions as to Height of Dwelling, Trees and Shrubs. Dwellings constructed on Lots 5 through 9 , in- clusive, shall not exceed one story in height and dwellings on Lots 1 through 4 , inclusive, shall not exceed two stories in height. No trees or shrubs shall be planted on Lots 5 through 9 , inclusive , which when planted or when fully grown will block or restrict the view to the west of the owners of Lots 1 through 4 , inclusive. The planting and positioning or location of trees and shrubs on said Lots 5 through 9 , in- clusive, must be approved by the Subdivider or Committee. 18. Ground Cover-Maintenance of Ditch. Owners shall endeavor to maintain adequate ground cover, shrubs and trees with native or adaptive (irrigated) grasses and species in order to provide protection to the area from potential wind and water erosion. The owners of Lots 5 through 9 , in- clusive , shall keep and maintain the irrigation ditch as it exists over and across their respective lots clean and free from weeds and debris and they may, if they so desire , subject to approval of the Subdivider or Committee utilize the ditch as it exists over and across their respective properties in their landscaping scheme. 19. Approval of Plans--Subdivider/Committee. For the purpose of further insuring the development of the lands so platted as an area of high standards, the Subdivider or Committee reserve the power to control the buildings , structures and other improvements placed on each lot, as well as to make such exceptions to these reservations and restrictions as the Subdivider or Committee hereinafter designated, shall deem necessary and proper. Whether or not provision therefor is specifically stated in any conveyance of a lot made by the Subdivider, the owner or occupant of each and every lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees that no building, wall or other structure shall be placed upon such lot unless and until the plans and specifications therefor and plot plan have been approved in writing by the Subdivider or Committee hereinafter provided. Each such building, wall or structure shall be placed on the premises only in accordance with the plans and specifications and plot plan so approved. Refusal of approval of plans and specifications by Subdivider or Committee may be based on any ground, including purely aesthetic grounds which, in the sole and uncontrolled discretion of the Subdivider or Committee shall seem sufficient. No alteration in the exterior appearance of the buildings or structures shall be made without like approval. If no Committee exists or if the Committee shall fail to approve or disapprove the plans and specifications within 30 days after written request therefor, then such approval shall not be required; provided that no building or other structure shall be erected which violates any of the covenants herein contained and all such buildings, structures and improvements shall conform in all respects with the Weld County Zoning Regulations. Wherever in this Declaration the Subdivider or Subdivider or Committee is referred to, it is intended that such reference shall include Thomas J. Cowan as Subdivider, and the Committee he or the majority of the lot owners shall -4- 1' 38"160 �p'�81'7 .5-- 5- appoint. The Committee, when constituted, shall have all of the duties , rights and authority that are granted to the Subdivider. 20. Remedies for Violations. For a violation or a breach of any of these reservations and restrictions by any person claiming by, through or under the Subdivider, or by virtue of any judicial proceedings,;the Subdivider, and the lot owners , or any of them severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach of any of them. In addition to the foregoing right, the Subdivider shall have the right, whenever there shall have been built on any lot any structure which is in violation of these restrictions, to enter upon the property where such violation of these restrictions and reservations exists and summarily abate or remove the same at the expense of the owner, and any such entry and abatement or removal shall not be deemed a trespass. The failure promptly to enforce any of the reservations and restrictions shall not bar their enforcement. 21. Homeowners' Association. A Homeowners' Association in the form of a general partnership shall be organized for the purpose of maintaining roads , traffic control, general planting within roadway areas , and all common community services of every kind and nature required or desired within the subdivision, including by way of illustration, street lighting, operation and maintenance of irrigation pump and pump apparatus , lateral ditch and Nauman Ditch, for the general use and benefit of all lot owners. Each and every person, by accepting a deed or contract to purchase any lot in the subdivision shall agree to become a member of and shall be subject to the obligations and the By-laws, rules and regulations of the River View Homeowners ' Association. The Association shall be organized and shall become effective as soon as all nine lots in the subdivision have been sold by the Subdivider. The Subdivider shall convey North 35th Avenue Court in the subdivision to the Homeowners ' Association. 22. Term. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said cove- nants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 23. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall rein in full force and effect. Dated and signed at Greelex7Colorac is 5th day of December, 1977 . OMAS J. 0 STATE OF COLORADO ) ) ss. N g YC©,UNTY OF WELD e% .. foregoing instrument was acknowledged before me this Z ' �IARYSf %ay of December, 1977 by THOMAS J. COWAN. t Witness my hand and official seal. ?„ . ; " • 4 4 :commission expires c� iale1,,,, j /yg/ P �� % *rf"i ca. zv •. , tarublic -5- 1 - s 6 ' d a A' n R E 2 t\,( I w O4 t di gig © 8 18 1 }4 yC. § W il 5 , ,{ W 0 \ C-, 6 z m W"V N a H § = 3lrien<. °�° 4 /-� ,- %.1 V J Hello