OWNERS CERTIFICATE OF PROTECTIVE COVENANTS FOR MESA ANTERO FILING 3 For the purpose of providing an orderly development of the entire tract, and for the further purpose of providing adequate restrictive covenants for the mutual benefit of ourselves and our successors in title to the subdivision of said tract, we hereby impose the following restrictions and reservations to which it shall be incumbent upon our successors to adhere: 1. All lots within Filing 3, with the exception of two recreation areas shown on the plat for Filing 3, shall be known and designated as residential building lots. No structure shall be erected, altered, placed or permitted to remain on any residential building lot other than one single-family dwelling not to exceed two stories in height and a private garage of not more than three vehicles and other outbuildings incidental to residential use of the lot. 2. No residences, additions or incidental outbuildings shall be constructed on any building lot in Filing 3 of the subdivision until the building plans, specifications and site plan showing the location of such structures have been approved in writing by the Mesa Antero Architectural Control Committee as to conformity and harmony of external design with existing structures of the subdivision as to location of such buildings with respect to topography, easements, and finished grade elevations in compliance with the covenants of the subdivision. All structures are to be constructed on site. Modular, manufactured or mobile homes are specifically prohibited. Construction in Filing 3 shall be considered to have begun upon either the delivery of building supplies or equipment to the lot or the breaking of ground for the foundation, whichever occurs first. Exterior construction shall be completed within one year unless extension is granted by the Architectural Control Committee. The membership of that Committee shall be a maximum of six persons and a minimum of four persons, each representing a different filing if feasible. Each member shall be a full-time resident. The term of membership shall be three years, terms shall be staggered to maintain continuity of the Committee and members shall not serve consecutive terms. In the event of the death or resignation of any member of said Committee, the remaining member or members shall have - 1 -
full authority to designate a successor. In the event said Committee fails to approve or disapprove within thirty days any said plans and specifications that have been submitted to it, approval will not be required and this covenant shall be deemed to have been fully complied with. The members of the Committee shall not be entitled to any compensation for services performed pursuant to this covenant. At any time, the then owners of a majority of the lots, one vote per lot, shall have the power through a duly recorded written instrument to change the membership of the Committee or to restore it to any of its powers and duties. 3. No building shall be located on any lot nearer to the front lot line or nearer to the side lot line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any residential lot nearer than 50 feet to the front lot line. No dwelling shall be located nearer than 25 feet to a side lot line. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon either another lot or easement. 4. No building shall be located within the restricted building approach line as shown on the plat for Lots #54, 55, 56, 57, 58, 59, 60, 61, 67, 68, 69, 70, 71, 72, 73, 74. Lots will have individual aeration type disposal systems within Lots #67, 68, 69, 70, 71, 72, 73, 74. 5. No dwelling shall be erected or placed on any building plot which has an area of less than 1,000 square feet. 6. Easements for installation and maintenance 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 maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. 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, Mesa Antero Water Association or a utility company is responsible. - 2 -
7. No business or trade shall be carried on upon any residential lot. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Dusk-to-dawn exterior lighting is prohibited. 8. No structure of a temporary character, trailer, mobile home, recreational vehicle, tent, shack, barn, garage, basement, outbuilding or structures of a similar nature shall be used as a residence during construction of a singlefamily dwelling or at any other time, either temporarily or permanently. 9. 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 they are not kept, bred, or maintained for any commercial purpose. 10. No sign of any kind shall be displayed to the public view on any lot except one sign of professional quality of not more than five square feet limited to the name of the property, name of the owner(s), and street name/number; one temporary sign of not more than five square feet advertising the property for sale or rent; or one temporary sign of not more than five square feet used by a builder to advertise the property during the construction and sales period. 11. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2010, at which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by the then owners of a majority of the lots, one vote per lot, has been recorded, agreeing to change said covenants in whole or in part. 12. No lot as subdivided shall be re-subdivided into more than one residential building site. 13. No trash, solid waste, unsightly materials or other refuse may be thrown, placed, or dumped on any lot in Filing 3, whether vacant or occupied. Trucks larger than pickups or similar vehicles, construction equipment, or machinery of any kind shall not be stored on any lot either temporarily or permanently other than in connection with necessary construction or maintenance work for said property. - 3 -
14. No fences or walls of any type or nature whatsoever shall ever be constructed, erected, placed, or maintained forward of the front building limit or setback line on each lot, as same is shown on the recorded plat of Filing 3, provided, however, that it is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. Moreover, no automobile, truck, trailer, recreational vehicle, mobile home, tent, or temporary structure of any nature whatsoever shall ever be temporarily or permanently parked, located, or otherwise maintained forward of the front building setback or limit line on each lot, as same as shown on the recorded plat of Filing 3, provided, however, that it is not the intention of this paragraph to exclude the temporary parking of passenger vehicles on any portion of the garage driveway that is located in front of such front building limit or setback line on each building site. 15. 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. 16. Should the owner and/or tenant of any lot or lots or building sites in Filing 3 violate any of the restrictive covenants and/or conditions contained herein, and thereafter refuses to correct same and to abide by said restrictions and conditions contained herein, after reasonable notice, then in such event, any owner of any lot or building site in Filing 3 may institute legal proceedings to enjoin, abate and/or correct the violation or violations, and the owner of the lot or lots or building sites permitting the violation of such restriction and/or conditions shall pay all attorney fees, court costs, and other necessary expenses incurred by the person instituting such legal proceeding to maintain and enforce the aforesaid restrictions and conditions, and attorney fees are to be fixed by the Court, and it is further agreed that the amount of said attorney fees, court costs and other expenses allowed and assessed by the court, for the aforesaid violation or violations, shall become a lien upon the land, as of the date legal proceedings were originally instituted, and said lien shall be subject to the foreclosure in such action, so brought to enforce such restrictions, in the action, in the same manner as liens upon real estate, the procedure as to which is fixed by statute. 17. The recreation area as shown on the plat for Filing 3, which is generally known as Blue Spruce Park, is hereby dedicated to the property owners - 4 -
within Mesa Antero Subdivision. A second recreation area, formerly known as the Stables Area, is deeded to Mesa Antero Property Owners Association. 18. There shall be no individual private water wells drilled in Filing 3. All lots in Filing 3 shall be served through a central water system in accordance with the decree of the Colorado District Court, Division 2, Case No. W-4086 dated October 30, 1984 and Case No. 97CW147 dated September 21, 1999. Water is for in-house use only. Individual septic systems shall be used in Filing 3, but only after submitting plans and obtaining approval from the Chaffee County Building Department or other appropriate governing bodies. In some cases engineered systems may be required. 19. Hunting or discharge of firearms in Filing 3 is prohibited. Executed this 15 th day of November, 1999-5 -