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SUPPLEMENTARY DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS SUPPLEMENTARY DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS ("Supplementary Declaration") is made as of this 10th day of March, 1975, by THE FIRST NATIONAL BANK OF DENVER, a National Banking Association, (hereinafter referred to as "Declarant") for and on behalf of GENESEE LAND COMPANY, a limited partnership, which partnership is hereinafter referred to as the "Developer."
R E C I T A L S:
A. Declarant is the record owner of certain real property located in Jefferson County, Colorado (the "Property") described more particularly on Exhibit I attached hereto, made a part hereof and incorporated by reference herein.
B. Declarant has heretofore or will contemporaneously herewith record a Declaration of Covenants, Conditions and Restrictions ("Declaration") with reference to the Property.
C. Pursuant to the aforesaid Declaration, Declarant has the right, by supplementary declaration to place protective covenants on the Property or portions thereof.
D. For the purpose of this Supplementary Declaration the definitions contained in the Declaration are incorporated by reference herein.
NOW, THEREFORE, the Declarant declares that the Property, is and shall be held, transferred, sold, conveyed, leased and occupied subject to the protective covenants, conditions and restrictions set forth in this Supplementary Declaration, all of which shall run with the land.
Section 1. Single Family Lots. ("Lot (s)")
(a) Permitted Uses.
(1) No noxious or offensive activity shall be carried on at any Lot, nor shall anything be done or placed therein which may be or become a nuisance or cause unreasonable embarrassment, disturbance or annoyance to other Owners in the enjoyment of their Lots or the General or Special Common Properties.
(2) Home occupations shall be limited by right to persons engaged in the professions of medicine, dentistry, law, design and fine arts, and other self-employed types of occupations, including but not limited to accounting, realty, needle crafts and collecting and marketing of objets d'art. All home occupations shall be subject to the approval of the Architectural Review Committee and the following provisions:
(i) Any occupational use must be located within the dwelling used by such person for his or her home and no external evidence thereof shall be permitted.
(ii) The total area devoted to occupational use shall not exceed twenty-five percent (25%) of the gross floor area of the dwelling, and in no event shall the same exceed four hundred (400) square feet. Garages or porches, attached or otherwise, shall not be included in the floor area.
(iii) Only one assistant not a resident of the premises may be employed at any one time.
(iv) Such home occupations may be engaged in by the occupant only, and may not be transferred between ownerships or from Lot to Lot.
(v) Other similar home occupations may be engaged in if not detrimental to other Owners if permitted by the Jefferson County Zoning Code, and only if such activity is approved by the Architectural Review Committee.
(3) No oil or gas drilling or the extraction thereof or mining operations shall be permitted on any Lot. No Lot Owner shall be permitted to drill a well intended for the extraction of water from the ground, nor construct a septic or sewage disposal system on any Lot without prior approval of the Architectural Review Committee. The Genesee Water and Sanitation District shall install or cause to have installed water distribution and sewer collection lines to a point proximate to the property line of each Lot or in the roads adjacent thereto, and connection by the Lot Owner to the facilities of the District shall be mandatory.
(4) No Lot shall be used except for residential purposes, except as provided in Subsection l (a)(2) of this Supplementary Declaration. Each dwelling constructed on a Lot shall contain a minimum of one thousand five hundred (1,500) square feet of fully enclosed floor area devoted to primary living space (exclusive of roofed or unroofed porches, terraces, garages, unfinished basements or other structures). A maximum of two (2) buildings shall be permitted on each Lot, one of which shall be utilized as a residence, with the other building serving as a garage, studio, greenhouse, guest or servant quarter or combination thereof. The restrictions set forth in this Subsection (4) may be varied or waived by the Architectural Review Committee at its discretion upon good cause shown.
(5) In order to preserve the natural quality and aesthetic appearance of the existing geographic areas within the Property, all property lines shall be kept free and open one to another and no fences or plantings simulating fencing shall be permitted on any Lot or Lot lines. except where, in the opinion of the Architectural Review Committee, a fence or other enclosure, as a structure or aesthetic feature of a design concept, will contribute to and be in keeping with the character of the area.
(6) No clothes line or equipment intended for children's recreational use, such as swing sets and slides, shall be placed within the Lot in such a way as to be exposed to view from roads, General or Special Common-Properties or other Lots unless said clothes line or equipment is surrounded by fencing or other screening approved by the Architectural Review Committee. This restriction is intended to shield from view, in a practical and attractive way, such installations and shall not be so construed as to exclude installations tastefully hidden among trees or rock formations.
(7) No exterior antennas shall be permitted, except as approved by the Architectural Review Committee, and in any event, such antennas shall be placed in such a manner and location as to be least visible from neighboring Lots, General or Special Common Properties or roads.
(8) No elevated tanks or appurtenances of any kind shall be erected, placed or permitted upon any part of a Lot. Any tank used in connection with any dwelling (e.g., for storage of gas, oil or water) and any type of refrigeration or heating apparatus must be located underground or concealed by appropriate fencing or screening. The restrictions contained in this subsection (8) may be varied or waived only with the prior approval of the Architectural Review Committee.
(9) All electric, telephone, television, radio and other utility lines shall be placed underground when extended from the Lot line to any dwelling or other improvement on a Lot.
(10) No exterior horns, whistles, bells or other sound devices except security devices used exclusively to protect the security of dwellings and other improvements located thereon or essential to the function of community services shall be placed or used on any Lot or on the General or Special Common Properties.
(11) No permanent exterior lighting of any sort shall be installed or maintained on any dwelling or other improvement on a Lot, the light source of which is visible from a neighboring Lot or Lots, the General or Special Common Properties, or Roads or which lighting is not otherwise in conformity with lighting standards promulgated by the Architectural Review Committee from time to time.
(12) Trees shall not be cut or tree roots disturbed by trenching on a Lot without prior approval of the Architectural Review Committee.
(b) Special Lot Restrictions.
(1) Height. In no event shall any dwelling or other improvement on a Lot exceed a height of thirty-five (35) feet. Measurements shall be taken from the highest point of natural grade adjacent to the foundation of such dwelling or other improvement. On the following enumerated lots, the Architectural Review Committee shall discourage and has the right to prohibit the construction of a dwelling, or any portions thereof or attachments thereto, or other improvement which are more than 17 feet in height above the elevation listed below for the respective Lot. The elevation datum set forth below is based upon topographic surveys in the possession of the Developer and the information contained in such surveys as to elevations shall, for the purpose of these restrictions on height be deemed conclusive. Copies of the aforesaid topographic surveys are available at the office of the Developer for review.
Lot Number
Elevation
24 7735
26 7732
On the S1/2
For the N1/2
See * Below
27 7724
29 7720
30 7712
31 7716
32 7728
33 7734
36 7710
37 7708
39 7698
40 7688
44 7686
45 7670
50 7662
*No building, nor any portion thereof, nor attachments thereto, nor other improvement,
may exceed elevation 7734 on the North one-half of Lot 26.
(2) Setback. On Lots 24, 25, 26, 34, 37 and 46, the Architectural Review Committee shall have the right to prohibit construction of any dwelling or other improvements in certain portions thereof designated as setback areas. The approximate setback areas are shown on Exhibit 2 to this "Supplementary Declaration", which Exhibit is entitled "Development Guide Genesee Filing No. Two, Amendment No. 1" and dated July, 1974. For exact information regarding such setback restrictions on the aforesaid Lots, a Lot Owner should consult detail maps regarding such Lots, copies of which are available at the office of Developer or the Architectural Review Committee.
(3) General. The restrictions and limitations set forth in Section l(b)(1) and (2) of this Supplementary Declaration are in addition to but not in lieu of the other restrictions and limitations contained in the Declaration and any Supplementary Declarations. The restrictions set forth in this Section l(b) may be varied or waived by the Architectural Review Committee at its discretion upon good cause shown.
(c) Livestock and Pets.
No domestic animals or fowl totaling more than three (3) generally recognized house or yard pets shall be maintained on any Lot. If an Owner chooses to keep house or yard pets, said Owner shall at all times have them under his or her control, whether within the Owner's Lot or in any other location within the Property. Animals shall not be permitted to roam at will, and at the option of the Developer or the Foundation, steps may be taken to control any animals not under the immediate control of their owners, including the right to impound animals not under such control and charge substantial fees to their Owner for their return. The Developer and Foundation shall have the right to adopt further rules and regulations to enforce this provision.
No horses shall be kept or otherwise maintained within Lots. Further, no horses shall be ridden or otherwise permitted on any of the General or Special Common Properties, except in those areas specifically designated by the Developer or the Foundation for such purpose.
(d) Landscaping and Maintenance.
(1) Lot Owners are encouraged to landscape their Lots, using indigenous species. The Architectural Review Committee shall retain the right to require that trees or shrubs on a Lot be located or trimmed so as to preserve or enhance the view from other Lots within the immediate vicinity.
(2) No Lot shall be used or maintained as a dumping ground for rubbish. No garbage or trash or other waste shall be place anywhere other than in covered sanitary containers which shall be maintained in good and clean condition. - Containers shall be made of a material which will minimize noise during handling. No waste shall be burned upon any Lot. All garbage and trash collection and disposal shall be in strict compliance with the rules of the Foundation.
(3) No exterior fires shall be permitted except for barbecue fires contained within receptacles designed for that use. No coal or other type of fuel which gives off smoke, excepting wood and charcoal, shall be used for heating, cooking or any other purpose within a Lot unless approved by the Architectural Review Committee.
(4) A Lot and all improvements thereon shall be maintained at all times by the Owner in good condition and repair. The Owner shall cause all dwellings and other improvements to be refinished, resurfaced or repaired periodically as effects of damage, deterioration or weather become apparent. Appearance, color, type of painting or stain or other exterior condition shall not be changed without prior approval of the Architectural Review Committee. All appropriate repairs and replacements shall be made as often as necessary. Unsightly conditions shall constitute a nuisance as defined in Section (a)(1) hereof.
(5) Each Lot-Owner shall maintain the landscaping as approved by the Architectural Review Committee upon his Lot in good condition. An Owner shall remove weeds and water and trim lawns and shrubs as often as the same shall become necessary, and otherwise remove waste materials from his Lot.
(e) Automobile, Boat, and Camper Parking.
(1) Trucks, trailers, mobile homes, truck campers, boats and commercial vehicles shall not be kept, placed or maintained upon any Lot, road, private drive or on the General or Special Common Properties in such a manner that such vehicle or boat is visible from neighboring Lots, General and Special Common Properties or roads. The provisions of this paragraph shall not apply to temporary construction shelters or facilities maintained during and used exclusively in connection with the construction of any dwelling or other improvement permitted by this Supplementary Declaration. An appropriate parking area shall be designated by the Developer for the parking and storage of recreational vehicles, and all such vehicles not placed within Lots in conformity with the above requirements shall be parked in the approved storage area. A reasonable charge may be made by the Developer for use of such vehicle parking area. Commercial vehicles engaged in the delivery or pick-up of goods or services shall be exempted from the provisions of this paragraph providing that they do not remain within a Lot in excess of the reasonable period of time required to perform such commercial function.
(2) Each dwelling shall include at least two completely enclosed and two outside parking places within the Lot. Temporary parking shall be permitted on roads and streets only in areas designated by the Architectural Review Committee and may be prohibited by the Foundation or the Developer from time to time in order to permit the clearance of snow accumulation on and maintenance of the roads and streets.
(3) No trailer, vehicle, or boat shall be constructed, reconstructed or repaired upon any Lot in such a manner that such activity is visible from neighboring Lot, General or Special Common Properties or roads.
(4) All garage doors shall be kept closed at all times, with the exception of those times a vehicle is actually entering or exiting the garage. The door may remain open for periodic maintenance of the door or garage area.
(f) Signs.
No signs whatsoever shall be permitted within any Lot, with the exception of those listed below:
(1) Signs required by legal proceedings.
(2) Residential identification signs constructed of materials which are compatible with the architecture of the area, and these shall be subject to the approval of the Architectural Review Committee prior to erection thereof. Such signs shall not exceed a total face area of two square feet.
(3) Signs of the type usually used by contractors, subcontractors and tradesmen may be erected during the authorized time of construction, provided those signs do not exceed a total face area of two square feet.
(4) For Sale or For Rent signs may be erected upon a Lot, provided that no more than one sign is erected and that such sign does not exceed a total face area of two square feet unless otherwise approved in advance in writing by the Architectural Review Committee.
(5) No sign shall exceed a height of four feet from grade.
(g) Butane, Propane, Fuel Oil and Natural Gas. Unless otherwise permitted by the Architectural Review Committee, if at any time, natural gas lines are extended to a point proximate to a Lot and natural gas service thereafter is provided to a dwelling on a Lot, the Owner of such dwelling shall discontinue use of liquefied propane, butane gas or fuel oil and shall connect to and utilize the aforesaid natural gas distribution services.
Section 2. Detached and Semi-Attached Dwelling and Rental Units.
(a) All of the provisions of Section 1 of this Supplementary Declaration shall be applicable to any detached or semi-attached Dwelling and Rental Units, or combination thereof, which may be constructed on Lot 1A, Genesee Filing No. Two, Amendment No. 1, except as modified by (b), (c), and (d) of this Section 2.
(b) The height of any detached Dwelling or Rental Unit an Lot 1A, shall be limited to thirty-five (35) feet above grade. The height of any semi-attached Dwelling or Rental Unit on Lot 1A shall be limited to twenty-five (25) feet above grade. Measurements shall be taken from the highest point of the natural grade adjacent to the foundation of such Dwelling or Rental Unit or other improvement on such Lot.
(c) If approved by the Architectural Review Committee, garages may be totally detached from the Dwelling or Rental Unit and need not be joined by any architectural feature.
(d) Construction of more than one (1) Dwelling or Rental Unit on Lot 1A shall be permitted, and each such Dwelling or Rental Unit constructed thereon shall contain a minimum of one thousand two hundred (1,200) square feet of fully enclosed floor area devoted to living purposes (exclusive of roofed or unroofed porches, terraces, garages, unfinished basements or other structures.)
Section 3. General and Special Common Properties.
(a) No noxious or offensive activity shall be carried on at any of the General or Special Common Properties, nor shall anything be done or placed therein which may be or become a nuisance or cause unreasonable embarrassment, disturbance or annoyance to Owners in the enjoyment of their Lots or the General or Special Common Properties.
(b) All uses of General and Special Common Properties shall be subject to rules and regulations of the Foundation as promulgated and revised by the directors thereof from time to time.
(c) No improvement, excavation or other alteration shall be made so as to alter the General and Special Common Properties from their natural or existing state at the time of conveyance by the Developer to the Foundation unless approved in advance by the Architectural Review Committee or the Developer.
(d) Areas within the General and Special Common Properties to be utilized for recreational facilities may be so developed by either the Developer or the Foundation, subject only to prior approval of the Architectural Review Committee.
(e) Uses of the undeveloped and unimproved General or Special Common Properties shall be limited to those activities which do not materially injure or scar the General or Special Common Properties or the vegetation thereon, substantially increase the cost of maintenance thereof or cause unreasonable embarrassment, disturbance or annoyance to Owners in their enjoyment of their Lot or the General or Special Common Properties unless sanctioned or approved by the Architectural Review Committee.
(f) There shall be no camping or picnicking in the General or Special Common Properties except in those areas specifically designated by the Foundation for that purpose.
(g) There shall be no fires started or maintained in the General or Special Common Properties, except fires started by theFoundation or its employees incidental to the maintenance of the General or Special Common Properties and except for cooking and campfires in those areas designated for that use and in recreational facilities in which the same shall expressly be permitted.
(h) No domestic animals shall be permitted on General or Special Common Properties except:
(1) Generally recognized house or yard pets accompanied by and under the control of their Owners;
(2) Horses upon paths and other areas designated as bridle paths and upon equestrian facilities intended for that use.
(i) The use of snowmobiles, motorcycles, or other motorized vehicles off the roadway expressly prohibited within the General or Special Common Properties except as required for emergency and maintenance purposes.
(j) Use of bicycles shall be limited to the roads and bike trails provided for their use.
Section 4. Limitation on Annual Assessments.
With reference only to the Property covered by this supplementary Declaration, the annual assessments provided for pursuant to the Declaration shall not commence until September 1, 1975; provided, however, that the Owner of any Single Family Lot, Private Dwelling Unit or Rental Unit shall be exempted from any annual assessment payments until one (1) year from the date of conveyance from the Developer to the first Owner thereof or until the date of occupancy of the dwelling on a Single Family Lot, or of the Dwelling. or Rental Unit, whichever is earlier. Further, in no event shall the annual assessments hereunder exceed the sum of Six Hundred Dollars ($600.00) per annum during the period through December 31, 1977. After December 31, 1977, the annual and special assessments shall be in such amounts as are fixed by the Board of Directors of the Foundation pursuant to the Declaration, and shall be without limitation. The Six Hundred Dollar ($600.00) limitation on annual assessments during the period through December 31, 1977, as previously described herein, shall be applicable to the regular annual Foundation assessment only and nothing contained in this Supplementary Declaration or in the Declaration shall prohibit, by implication or otherwise, special assessments for capital improvements, emergencies, exterior maintenance and capital contributions all as provided for in Sections 3, 4, and 5 of Article V of the Declaration.
IN WITNESS WHERE-OF. The First National Bank of Denver has executed this instrument the day and year first above written
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