HomeMy WebLinkAboutBIGHORN ESTATES DECLARATION OF COVENANTS & RESTRICTIONS LEGAL.pdf75 south fronlrge roed
vail, colorado 81657
(303) 476-7000 olflce ol communlty devolopment
November 3, L988
Ms. Jody Carruthers
Eagle County Assessor P.O. Box 449 Eagle, Colorado 81631
Re: Bighorn Estates, Vail
Dear Jody:
Recently I needed to find out the property owners in Bighorn Estates. As usual , your employees gave me prornpt service.
However, our office shows more lots existing than your office does, and, although we don't need any more infornation at this time, we thought you night like to see the plats of the subdivision.
First, the eighorn Estates Subdivision contained 1t- lots. Then lots 1.0 and l-1 were re-subdivided into 7 lots. I have enclosed both plats. I hope the plats will help you untangle this very confusing situation.
Thanks to aII of you for your continuing help to us. Good luck in attenpting to find these property owners!
s
L- t"') t^ /'t FoJ r-L r,-(.
oJo'r""r.
,,'1
Betsy Rodolack
ereIy,
Planning Technician
.r. _ a I ?11 t, Lrv
4 - 13'71 a
made thi, /6'houv or /ZBel ,
<-.,
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l0
communi ty; and
herei n-
af ter ca'l I ed Devel oper,
,, IITNESSETH:
l'lHEREAS, 0eveloper is the owner of the rea'l property
described in Article II of this 0eclaration and desires to
create thereon a residentia'l conmunity; and
I.IHEREAS, Devel opeli ntends to acqui re by purchase or
otherwi se add i tional l and adjacent to the rea'l property descri bed
in Article II of this Dec'l aration and to create thereon open
space and common faci'l 'i ti es for the benef i t of the said
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l'lHEREAS, Developer desire6 to provide for the
preservation of the values and amenities _in said community
and for the maintenance of said open spaces and other common
faci'lities; and, to this end,i desires to subject the real
property described in Art'ic'le' II together w'ith such additions
as may hereafter be made thereto (as provided in Article II)
to the covenants, restriction's, easements, charges and I iens,
hereinafter set forth, each uhA.l'l of which is and are
for the benef it of said propelrty and each owner thereof ; and.
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l.lHEREAS, Developer has deemed it desirable, for the
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,tion of the va'l ues and amenities in said efficient preserva
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community, to create an agenc'y to t,'lhich shou'l d be de'l egated
and assigned the powers of maintaining and adminis.eering
the community pt operties and faci lities and administering
and enforcing the covenants and restrictions and col'l ecting
and disbursing the assessments and charges hereinafter
crea ted ; and
'l.lHEREAS, Deve'loper
of the State of Colorado, a
nas
s ra
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i ncorporated under the I aws
non-profi t corporati on ,
.lt
NANC Y RE I NEC KE
for the purpose THE BIGHORN ESTATES HOME Ol^lNERS ASSOCIATION,
of exercising the functjons aforesa'i d;
. N0ll THEREF0RE, the Developer'declares that the real
property described in Article II, and such additions thereto
as may hereafter be made pursuant to Article II hereof, ls
and shall be held, transferred, sold, conveyed and occupied
subject to the covenants, restrictions, easements, charges
and liens (sometimes referred to as "covenants and restricti I
:
ons t' )
herelnafter set forth.
o
at
les
ed.
ARTICLE i '
i
Definitions
t'ion 'l . The fol'lo,wing words when used in this
or any Supplementaj 0eclaration (unless the
I 'l'l prohibit) shalli have the fol'lowing mean'ings:
I (a) "Associatiori" shall mean and refer to the
ATES HOME OWNERS AsSOCIATION..
i (b) 'rThe Properti es " shal'l mean 'and ref er to
i sting properties,i and addi tions thereto r as are
!
thi s Dec j'aration or any Supp'l emental 0ecl aration
rovisions of ertiJt e I I, hereof.
I (c) "Common Proierties" sha'l I mean and ref'er
I eas of land shown lon any recorded subdivision pl
erties and intended to be devoted to the common
I oyment of the ownErs of The Properties.
I (d) l'Lot" shall lmean and refer to any plot of
upon any recorded isubdivision map of The propert
I ception of Common iProperties as heretofore defin
i (e) "Sl ng'le-Family Dwel'l i ngs" shal I mean and
detached princip.i Urilding designed for or used
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ng exclusive'l y byjone family as an independent
I g unl c -..1
I (f) "Two-FamilyjDwelling" sha'l1 mean and refer
i
n
q
Se
tio
sh
t5
he
to
he
ea
Pro
en
own
ee
x
p
v
j
x
n
Decl a ra
context
B IGHORN
al1 suc
subject
'under t
to thos
. of The
use and
'land sh
wJ th th
refer to a
as a dwe'l l
housekeepi
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to a detached princ'i pa1 building dest'gned for or used as a
dwe'l ling exclusively by two famil ies' each 'l iving as an
i ndependent housekeepi ng uni t. \
(S) "Multifamily Structure" shal'l mean and refer
to a detached principa'l building containing townhouses' rot.l
houses or apartments designed for or used by three or more
fami'l ieS, each family living as an'independent housekeeping
unit, the tota'l number of families in residence not exceeding
the total number of dwe'lling lnits.
I . th\ utiving Uniti' shall \rrl
I or more rooms in a dwelling designed
I family for 'l iving purposes and having
sanitary fac'ijities.
I . t 1,1 ,,Fami ' \.,
(t )
(2)
(3)
-3-
mean and refer to one
for occupancy by one
its own cooking and
I v" sha,l I mean and refer to:
I A single individual , doing his own
gooking, and'l iving upon the premises
I as a sqparate housekeeping unit; or
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A col 'l ect'i ve body of persons doi ng
I their own cooking and l iving together
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upon the premises as a separate house-
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keeping unit in a domestic re'l ation-
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shi p based upon birth, marriage, or
employment as domestic servants; or
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-l A group of no more than four unre'l ated
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persons doing their own cooking and
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l'ivingltogether on the premises as a
separate housekeeping unit pursuant to
a mutua'l housekeeping agreement.
i er" shal'l mean and refer to the record
more persons or entities, of the fee
I ot or Living Unit situated upon The 'i
thstanding any applicable theory of the
ttOwn
one or
any L
notwi
?
mortgage, shall not mean or refer to the
unti'l such mortgagee has a'cquired title
or any proceeding in'lieu of foreclolure
(k) ,'Member,, shall mean and refer to a'l 't those
Owners who are members of the Assoc.iation as provided in
Article III, Section I, hereof.
(l ) "Condominiunr Unit,, sha'l i mean an apartment
ln a. building organized under the condominlum Ownership Act
of Colorado. :
.---t-.---ARTICLE II
I Property Subject ;to this Declaration:
i
Additions Thereto
Section 'l . Existino propertv. The real property
which is,. and shal'l be, held,i transferred, so'ld, conveyeo,
I and occupied subject to this lDeclaration is'l ocated.in the
;County of Eag1e, State. of Co'l'orado, and is more particul ar.l y
: described as fol'lows: i
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mortgagee lnless and
pursuant to foreclosure
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i'l and situated in the County olorado, more particularly -
:: Commencing at the Northwest
,'-Townshi p 5 South, Range 80 cipa'l Meri dian; thence S llest iine of said Section 'l 2,nt on the Southwesterly Right-
Highway No. 6; thence S -
eet al ong sar'd Ri ght-of -Way urvature of a curve to the 'of 29'l 5.00 feet; thence the arc of said curve and 0.17 feet to the point of 3ul7'00" E along said R.i ght-eet to the Northwest Corner
ON FOURTH ADDITION: thence nd Souther'l y I ine of said ollowing four^coursesi (l) S et; ( 2) S 3'i '00'00u lll ..i46.00
" l,l'l 48.00 feet, and (4) S eet to the most Westerly Corner division which'is the true point
_description; thence continiring Iine of said subdivision on s 66013,01', E 240.00 feet:8.50 feet and (l) S Oqogd,00u S 33036'00" |rJ 487.22 feet;672.02 feet; thence N 32049'00,,oint on the South I ine of Lot SiON, RESUBOIVISION OF LOT 2O .
A parcel of of Eagle, State of C descri bed as f ol'l ows Corner of Section l2
West of the 6th Prin
6019 r 69tt E a'l onq tne 998.67 feet to i poi
of-Way 1i ne of U. S.
46\'24 '00,, E 799.70 t 'l ine to a point of c
I eft havi ng a rad i us Southeasterly al ong Right-of-Way- l ine 55 tangency; thence S 5 of-Way I'i ne 921 .00 f Of BIGHORN SUBDIViSi
al ong the l.les t,erl y a subdivision on the f
20004,'f 'l " l,l 7g.92 fe feet (3) s 68000'00
39e45, 00" E |09.52 f of Lot 3 of said sub of beginning or- this along the Sourherly three courses; (l )(2) S Zgo:O,oo,, a i5 E 46.08 feet; thence thence N 5'l o24' 36 u ll E 326.08 feet to a D 20-3 BIGHORN SUEDIVi
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lof
'Exi
provided that such additions a
Plan of Development. Such Gen
show the proposed addition to'
(l ) a general indicati'on of s:i
i proposed addition, if made, w,
for its just share of Associai
shown thereon and the generatl
I statement to this effect. i
The additions authori'
!
subsection, shall be made by I
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Dec'l aration of Covenants and I
!additional property which sha
nafter be referred to I
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0" E 91.99 feet t ot 20-3: thence S
the South line of
DJVISION FOURTH
beginn'ingr contai
ence S 83045'0
rner of.said L
52 feet aiong of BIGH0RN SUB true point of
e or less,
ty shall herei
r
r
AMENDED PLAT; t
the Southeast c
39045'00" E'l7l
subdivi s'i on and
ADDITION to the
5.9792 acres mo
which real prope
sti ng Property. "
o
sa'id
ni ng
al
as
Section 2. Add'itions to Existins Pr0perty.
lands may become subject to this Declaration in. the
manner:
(a)
of Deve'l oprnent. The Devel opeh,
Additlonal
following
have the right to bring within
I
additiona'l properties in futur
their heirs and assigns, shal'l
the scheme of this Dec'l aration
e stages of the developnent
re i n accord v{i th a Genera'l
eral Pl an of Devel opment sha'l l
the Existing Property and contain
ze and'location of the additional
i'l I become subject to assessment
tion expenses. Unless otherwise
Plan shal'l not bind the Developer'
development stage and proposed'land use therein; (2) the
approximate size and 'l ocation' of common properties proposed
for the additional stage; (3i) the general nature of proposed
conmon facilities and improvements; (4) a statement that the
:
.l
adhere to the P'l an 'i n any sub
stated therein, iuch General j
their he'i rs and assigns, to make the proposed addition or to
sequent development of the land
Plan sha'l 'l contain a conspicuous
zed under this and the succeeding'
fi 1 i ng of record a. Suppl ementarY
Restrictons witft respect to the
1'l extend the scheme of the
thls Dec'l aration to such property.covenants and restrictions o
-c-
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Such Supp'l ementary Dec'l aration may contain such
complementary additions and modifications of the 'covenants
and restrictions contained in this Declaration as may be
necessary to reflect the different character, if'any, of
the added properties and as are not inconsistent with the
scheme of this Declaration. In no event, however, shall
such Supp'lenentary Dec'l aration revoke, modify or add to
the covenants established by this Declaration within the
Existing Property.
(b)'0ther Additions. Upon approva'l in writing
of the Association pursuant to a vote of its members as
provided in its Artic'les of Incorporation, the owner of any Provloeo In lts Artlctes ot tncorporarton, Ene owner or any
property who desires to add it to the scheme of this Dec'l arati(
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and to subject it to the jurisd'iction of the Association, may
fi'l e of record a Supplementary Dec'l aration of Covenants and
Restrictions, as described in subsection-(a) hereof..:
. (c) Merqers. Upon a merger or conso'l idation
!the Association with another rassociation as provided in i
Artic'l es of Incorporation, idr p"op.rties, rights and
of
ts
ob'ligations may, by'operation of 1aw, be transferred to another
I surviving or consolidated association or, alternatively,
I the properties, rights and obligations of another association I
I may, by operation of 'l aw, be iadded to the properties, rights
I and ob'l igations of the Association as a surviving corporat'i on
i
Pursuant to a merger. The surviving or consolidated association
may administer the covenants
sTrvtvlng 0r consolldated assocla
:s iand restrjctions established by
this Dec'laration within the Existing Property together lvith
the covenants and restrictions establ ished upon any other
properties as one scheme. No such merger or consolidation,
however, shall effect any revocation, change or addition to
the covenants estab'l ished by thi s Dec'i arati on wi thi n the
Existinlg Property except as hereinafter provided.
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ARTICLE I i I
' Membership and Voting Rights in the Assoc'iation
Section l. Membership. Every person or entity who
is a record owner of a fee or undivided fee, interest in any
Lot which is subject by covenants of record to assessment by
the Association shall be a nember of the Association, p@g!_
!!g!. any such person or entity who holds such interest merely
.as a securi ty for the performance of an obl igation sha't'l not
be a menber. In the event Condominium Units are created on
{the properties, the fee ot.lner; of each such unit shal'l also be
entitted to membership in thel Association.
Section 2. Votinq Biqhts. The Association sha'll
have two classes of voting membership:
i
C'lass A. C'llass A menbers shall be alI i
those owners as djefined in Section 1 with :l : the exception of 'the Developer. Class A
' members shai'l be lent'i t'l ed to one vote for
each Lot (or Condominium Unit) in which they
sha'l 'l more than one vote be cast wi th respect
to any such Lot (or Condominium Unit).
C'l ass B. C'l ass B members shall be the
0eveloper. The C'l ass B member sha'll be entitled tto t"o votes tor eaci Lot (or Condominium Unit) in
..wh.ich
it holds the. interest required for membership
.: by Section I' 'providgd that the C'lass B membership
:
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)
:
ho'ld the intererj.."quired for membership by
i Section'1. t,Jhen lmore than one person ho't ds
such i nterest o" I inr.""rts 'i n any Lot ( or
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Condominium Unit)' al'l:such persons shall be
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members, and the lvote for such Lot (or
Condominium UnitJ shall be exercised as they
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among themselves:deternine, but in no event
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A
D
c1
c1
' shall cease and become converted to Class A
Membership on the happerting of any of the
following events, whicheVer occurs ear'l 'ier:
(a) when the tota'l votes outstanding in the
membershl p equa'l the tota'l votes outstandi ng i n the
membershi p i or
(b) on rJune I , '1974.
From and after the happening of
I ever occurs ear'l i er, the Cl ass B rnember
be a Class A member entit'l ed to one vote
i
Condominium Unit) in which iti holds the
for membership under. Section l.
I
For purposes of determining the votes al'l owed
this section, when a Lot, other than a Lot containing
Condomi ni um Uni ts , contaJ ns more than one 1 i vi ng uni t,
the Lot and not the living units shall be counted.
ARTiCLE IV
Property Rights ln ,the Common Properties
Secti on I . Members ' .Easements of En jo.vment. SubJect
to the provisions of Section 13, "u"ry Member shall have a
I right and easement of enjoyment in and to the Common Properties
and such easement sha'l I be ap'purtenant to and sha11 pass with
,the title to every Lot (or Li'ving Unit).
Section 2. EL!!-ll--S-e l4Clflqls Easemetqts, The rights
and easements of enjoyment created hereby shal'l be subject
to the fol I owi ng: I
(a) ttre right of the Developer and of the
I Association, in accordance with its Artic'les and By-Laws, to t'
borrow money for the purpose lof
i nprovi ng the Conrnon Propert'i es
i and in aid thereof to mortgage said properties. In the event
of a default upon any such mortgage the lender's rights here-
under s.ha11 be'l imited to a right, after taking possession
of such properties, to charge admission and other fees as a
-8-
ass
ass
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these events, which-
shall be deemed to
for each Lot (or
i nterests requi red
under
onl Y
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condition to continued
necessary, to open the
wider publ ic unti'l the
the possession of such
Association and al'l ri
be fully restored; and
enjoyment by the members and, if
enjoyment of such properties to a
mortgage debt' is satisfied. whereupon
properties shal'l be returned to the
ghts of the Members hereunder shal'l
take such
a bove -
(b) the right of the Association'to
are reasonab'l y necessary to protect the
i properties against horeclosure; and
steps
d escri
in its
of any
a5
bed
:
(c) the right of, the Association, as provided
Artic'l es and By-Laws, to suspend the enjoyment rights
I
Member for any period during which any assessment
I l.'remains
days for
and
.'
reasonabl e
Properti es;
'transfer a'l 'l
(d ) the
admission
and
(e)
0r
unpaid, and for any period not to exceed thirty
an infraction of. itsl pub'l ished rules and regul
(30)
ations
r.l ght of the Association to charge
fees for the use of the Common and other
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the rtght ofi the Association to dedicate or
any part of the Common Properties to any
public agency, authorityr of utility for such p.urposes and
subject to such conditionr uri may be agreed to by the Members,
i provided that no such dedication or transfer, determination
as to the purposes or as to the conditions thereof, shall be
effective unless an instrument signed by Members entitled to
.cast two-thirds (2/3) of the yotes of each class of"membership
has been recorded, agreeinS tp such dedication, transfer,
'purpose or condition, and unless written notice of the proposed
Section l. Creation of the Lien and Persona'l 0b'l iqa-
y-
r is sent to every Member at
nce of any action taken.
CLE V
enance Assessments
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:agreement. and action thereund,
I least ninety (90) days in adv,
:
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ART .l '.,..|
. ,':' Covenant for Main'
o lo
tion of Assessments. The Developer for each Lot (and Living
unit) owned by him w'ithin The properties hereby c'ovenants and
each 0wner of any Lot (or L'i ving uni't) by acceptance of a deed
theref or, whether or not i t sha'l 'l be so expressed i n any sucn
deed or other conveyance, be deeded to covenant and agree to
pay to the Association: (l ) annual assessmbnts or charges;
(2) special assessments for capita'l improvements, such assess-
ments to be f ixed, estab'l .i shed, and co1'l ected f rom time to time
as hereinafter provided. The annual and specia'l assessments,
together with such interest thereon and costs of co'l lection
thereof as herei nafter provided, shal l be a charge on the I and
and shall be a continuing 'r ien upon the property against which
.each such assessment is rnade. Each such assessment, together
with such interest thereon and cost ot- co'l lection thereof as
hereinafter provided, sha|r arso be the personar obr igation of
the person who was the Owner of such property at the time when
the assessment fel'l due. i
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Section 2. Purpose of Assessnents. The assessrnents
levied by the Association sha'l r be used exclusively for the
purpose of promoiing the recreation, health, safety, and
we'l fare of the residents in rhe properties and in particul ar
for the purchase, leasing, imiprovement and maintenance of
I properties, services, and faci'l ities devoted to this purpose
and re'l ated to the use .nd .n;g'oyrent of the common properti es
I and of the homes situated upon The properties, inc.l uding, but
I not 'l imited to, the payment of taxes and insurance thereon
and repair, replacement, and. additions thereto, and for the
cost of I abor, equi pment, material s , management, and .super_
vision thereof.
Sect'ion 3. Basis and Maximunr of Annua'l Assessments
The annual.assessment sha'l I be deternined by vote of the
Members. at their first meeting for the next succeeding yea
and at each annua'l neet'ing thereafter for each succeeding
r
year.
_,i-._-
Section 3 hereof, the Associa
year a special assessment, ap
the purpose of defraying, in
any construction or reconstru
replacement of a described ca
Common Propert,ies, inc'l uding
persona'l property related the
assessment sha'l I have the ass
of each c'l ass of Members who
proxy at a meeting duly ca11e
notice of whjch sha'l I be sent to al'l Members at least thirty
(30) days in advance and shalil set forth the purpose of the
meeting.
Section 5
Sectjons 3 and 4. The quorun required for any action
authorized by Sections 3 and i4 hereof shal I be as fo'l 'l ows:
I At the first meet,ing ica'l led, as provided in Sections
I 3 and 4 hereof, the presence:at the meeting of Members, or
ofproxies,entit.ledtocase;sjxty(60)percentofal]the<
votes of each c'lass of membership sha'l 'l constitute a quorum.
If the required quorum is not forthcoming at any meeting,
another meeti ng nay be cai I ed , ( subject to the noti ce requi re-.
ment set forth in Section 4), and the required quorum at
any such subsequent meeti ng shal l be one-ha'l f of the requ'i red
quorum at the preceding meeting, provided tha" no such
I subsequent meeting sha'l 'l be he'l d more than sixty (60)
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Qgorum fo,r Any Action Authorized Under
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The Board of 0irectors of the Association may, after
consideration of current maintenance costs and future needs
of the Associaiton, fix the actual a'ssessment for any year
at a lesser amount
o-o
Section 4. Soecia'l Assessments for Capita'l Imorove-
ments. In addition to the annual assessments authorized by
tion may ievy in any assessment
p'l icabie to that year on1y, for
who'l e or i n part, the cost of
ctionr unexpected repair or
pita'l improvement upon the
the necessary fixtures and
reto, provided that any such
ent of two-thirds of the votes
are voting in person or by
d for this purpose, written
d ays
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following the preceding meeting.
Section 7. Duti es of the Board of Di rectors . The
Board of Directors of the Associatioh sha]i.fix the amount of
the assessment against each Lot (or Livlng Unlt) for each
assessment period at least thirty iaOl auyt in advance of such
date or period and sha'l 1 , at that t jme, pr.epare a roster of
the properties and assessments applicable thereto whjch shall
be kept in the office of the Association and shall be open
to inspection by any 0wner. I
sent to
'l,lritten notice of thei assessment sha'l I thereupon be
every Owner subject thereto.
The Association sha'lli upon demand at any time furnish
Owner 'l iable for said assessment a certificate in
signed by an officer of the Association, setting forth
said assessment has been paid. Such certificate
conclusive evidence of payment of any assessment
stated to have been pa'i d.
Section 8. Effect of Non-pavnent of Assessment:tne
Persona'l 0b'l iqation of the Ot/ner; The Ljen; Remedies of
to any
wri ti ng
whe ther
shal'l be
therei n
Associati ts are not paid on the date
sha'l I become del inquent and
rest thereon and cost of
ter provided, thereupon become
rty which sha'll bind-such property
, his heirs, devisees, personal
The persona'l ob'l i gation of the
ent, however, sha'l 'l remain his
atutory peri od and sha'l l. not
e unless expressly assumed by
ot paid within thirty (30) days
e assessment sha'l I bear interest
2-
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er
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If the assdssm
such as.sessmen
r with such in
reof as herein
ien on the pro
f the then Own
s and ass i gns .
pay such asses
ation for the
ccessors Jn ti
he
he
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ve
ig
su
e
+
t
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+
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r
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hen due
hall, to
o'l'l ec ti o
c0ntinu
n the ha
epresent
hen Owne
ersonal
ass to h
hem.
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+
after
.'If.the
the d e'l i
assessment is
nquency date,
i
50 t,
from the date of delinquency at the rate of 6I per annumr
and the Association may bring an action at law against the
Owner personally obligated to pay th'e same or to ioreclose
the'lien against the property, and there shall be,added to
the amount of such assessment the costs of preparing and
fi'l ing the complaint in such action, and in the event a
Judgment is obtained, such judgment shall include interest
on the assessment as above provided and a reasonable attorney.
fee to be fixed by the couri' together with the costs of the
action.'
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The 't ien of the assessments irovided for herein shall be ';subordinate to the 'l ien of any mortgage or.mortgages now or
.hereafter' placed upon the p16perties subject to assessnenc;
provided, however, that suctrlsubordination shail apply onry
I to the assessments whi.ch have become due'and payable prior to
a decree of forec'r osure, or any other proceedi ng i n 'l i eu of
forec'l osure. such sa'l e or transfer sha'l 'l not relieve such
Property from 'l iability for any assessments thereafter becomi
'due' nor from the lien of any such subsequent assessment.
Secti on 'l 0. Exempt propert.v. The fol .l owi ng properEy
ng
ments, charge and lien created herein: (a) a1l properties to
the extent of any easement or other interest therein dedicated
and accepted by the 'roca'r public authority and devoted to
I public use; (b) all common properties as defined in Article
I, Section I hereof; (c) all properties exempted from taxation
by the'laws of the State of Colorador upoD the terms and to .
the extent of such 1ega1 exemption.
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I Notwithstanding any provisions hereJn,
lmprovements devoted to dwe'lling use sha.ll be
said assessments, charges or i'l iens.
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no'l and or
exempt from
Jo't
ARTICLE VI
Party ljal l i
'section I . genera'l Ru'l es of' Law to App'l y.Each wa'l l
which is bui'l t as part of the origina'l construction of the
homes upon The Properties and placed on the dividing line
between the Lots shall co.nstitute a party wall, and to the
extent not inconsistent with the provisions of this Article,
the general rules of law regarding party wal'ls and of liability
for property damage due to negligent or wilful acts or
omissions shal'l apply thereto.
Section 2. Sharin I ne
1
Section 3. Destructi,oll by 'Fire or '0ther Casua'l t
If a party wal'l is destroy.a or damaged by fire or other
:casualty, any Owner who has u,sed the wa'l 1 may restore it,
and if the other 0wners thereafter make use of the wa] l,
they shall contribute to the lcost of restoration thereof in
proportion to such use withouit prejudice however, to the
I right of any such Owners to c:al'l for a l arger contr j bution
from the others under any rulle of 'law regarding llability
i for negligent or wilfu'l acts ior omissions.
Section 4. t,leatherprioofing. NotvJithstanding
i other provision of this Artic'le, an Owner who by his
or wi I I f ul act causes tne parlty wa'll to be exposed to
;
elements sha'l I bear the whole cost of furnishing the
I protection against such el ements.
Section 5.Riqht to 'Contribution Runs with Land.
ght of any 0wner to contribution
this Artic'le sha'll be appurtenant ,i
pass to such Owner,s sriccessors i
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party wal
the wa'll i
cost of reasonab'l e repa i r and
shall be shared by the 0wners
proportion to such use.
The rl
under
s ha'l I
maintenance of a
who make use of
any
negl i gent
the
necessary
from any
to the
n title.
other Owner
I and and
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Section 6. Arbitration. In the event of any dispute
arising concerning a party wal'l , or.under the provisions of
this Article, each party shal'l choos,e one arbitrator, and
such arbi trators shal I choose one addi ti ona'l arbi trator, and
the decision of a rnajority of all the arbitrators shal'l be
fina'l and conclusive of the question involved.
ARTICLE VI I
rchl tectural Control Commi ttee
Section l. Revjew by Comnittee. No building, fence,
wa'l 'l , or other structure sha't I be commenced , erected or
maintained upon The Properties, nor sha11 any exterior
addition to or change or alteration therein be made until
the p'l ans and specifications si,o*ing the nature, kind, shape,
height, materials, and locatiion of the same shall have been
submitted to and approved in,writing as to harmony of external
deslgn and location in relati'on to surrounding structures and .!
topography by an architectural committee composed of three
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(3) or more representatives a,ppointed by the Board of the
Association. In the event th'e committee fai'l s to approve or
disapprove such design and'location within thrity (30) days
after said plans and specificiations have been submitted to i
or in any event, if no suit tlo enjoin the addjtion, alterati
i or change has been commenced iprior to the completion thereof,
approval wil'l not be required' and this Artic'le will. be deemed
i to have been f u'l1y compl ied wi th.
Section 2.'Criteria.l In passing upon such pl ans
and specifications, The Commi'ttee shal'l consider:
(a) the suitabi'lity of the improvement and
whlch lt is to be constructed to the site
i to be located; i
I (b) the nature of
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material s of
'which it is
upon
adjacent and neighborlng
improve.ments;
U3
the guality of the materia'ls to be utilized
improvement; and
the effect of any proposed improvement on
any adjacent or neighboring property.
I be an objective of The Committee to make
improvement will be so simjlar or so dissimilar
viclnity that values, monetary or aesthetic,
(c)
in any proposed
(d)
the outlook of
It shal
certain that no
to others in the
will be impaired
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: ARTICLE VI ii
I Exterior Mai ntenance
Section 1. Exterior Maintenance. In addition to
maintenance upon the Common properties, the Association may
provide exterior malntenance upon each Lot and Living uni t
which ls subject to assessnent under Articl e V hereof, as 'follows: paint, repair, repllace and care for roofs, gutters,
i
downspouts, exterior building surfaces, trees, shrubsr gt^dSSl
walks, and other'€xterior improvements..
Section 2. Assessnent of Cost. The cost of such
against the Lot or
e is done and shall be
mai ntenance assessment
Unjt is subject under
annual assessment or
ion of the Owner and
spects as provided in
oard of 0irectors of
t 'l be assessed
I ch maintenanc
of the annua'l
!
I ot or Living
I part of such
I n and obllgat
I ble lin a'll re
ed that the B
exterior maintenance shal
' .Llving Unit upon which su
added to and become part
or charge to which such L
Artic'le V hereof and, as
charge, it sha'll be a'lie
shall, become due and paya
Artlcle V hereof. provid
when estab'l ishing the annua'l assessment
or Living Unit for any assessment year as
!.rtic'l e V hereof, may add thereto the estimated
rior naintenance for that year but shal1,
such adjustnent with the owner as is necessary
ctual cost thereof.
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the Association,
.against each Lot
, required under A
cost of the exte
thereafter , ma ke
to refl.ect the a
t-*:r
:
Section 3. Access at Reasonable Hours. For the
Purpose solely of performing the exterior naintenance
authorized, by this Artic'l e, the Asso'ciation, through its
duly authorized agents or employees shall have ilre right, after
reasonable notice to the 0wner, to encer upon any Lot on
exterior of any Livlng Unit at reasonable hours on any day
except Sunday.
ARTICLE IX
I
. Land Use
'Section l. Resident.ial Usaqe. No building shal.l be
the deve'l opment.
Section 2. Easementsi and Riqhts-of_Wav. Easements
and rights-of-way for roads, jtiSfrtilg, heating, electricjty,
.l 9as, telephone, water, sewera',ge, brid'le paths and pedestrian
traffic, and any other kind o:;f public or quasi-public uti.lity
service are reserlved as showni on the plat of Bighorn Estates,
I First Fil ing. I'lo fence, wal'li, hedge, barrier or other
.!'tmpr0vement sha'l I be erectedror maintained along, on, across , or within the areas reserved for .; rhr . srs. yr\r rrvr eaSements and rights-of-Way.
Section 3. Common pr,operty Usaqe. Commoh property
nay be reserved for recreational use by the Owners. No
structu.ies wiil be erected onl ,corron property without the
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n for private residential purposes on
pment. iOnly one building per Iot |rill
I l through 9, each such building to
two'l iving units. Uses allowabje in
t
subdivi,sion of Lots'10 and l.l shall be
a.l I owab'l e in Lots 'l -through 9, and in
I ll, or lany subdivlsion thereof , may
i-family structures. No l,iving unit ln
I
be occu.pi ed by more than one fam.i 1y.
t any kin:d whatever wJIl be permitted in
constructed other tha
any I ot i n the deve'l o
be permitted on Lots
contain no more than
Lots '10 and 'l'l or any
the same as the uses
addltion, Lots l0 and
a'l so be used for mu] t
the development shall
No commerc i a'l us es of
oo
approval of the Architectural Controi Committee. The
Architectural Contro'l Committee sha1l give its approval
only to structures which serve, or which are inci.dental to,
a recreational purpose or purposes. It sha'l 1 be the obJective
of the Architectural Control Committee to preserve the Conmon
Property in an unspoiled condition as nearly as may be
possible giving allowance, nonetheless, to recreational
development, as herelnabove provided by the terns of this
I secti on.
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Section 4. Siqns. No signs, billboards, poster
boards or advertising structulre of any kind shaIl be erected
or maintained on any lot or structure whatsoever, except
such signs as have been approved by the Architecturai Control
.Committee as reasonably necessary for the identification of
I
1 . l,|ater. Each structure designed for
by human beings: sha'l 'l connect with the tvater
Bighorn Water District. No private we'l 'l
source of,water for human consunption or
. Sewaqe. yEach structure designed for
residences.
Section 5
occupancy or use
facil ities of the
shall be used as
irrigation.
Section 6
occupancy or use
facilities of the
No facllity shal'l
those provided by
Section 7
other refuse niay
Bi ghorn Estates .
not be permitted.
burning of refuse i
use0 by'any person
Contro'l,i committee.
receptacles for the
by human be
upper Eag l
ngs shall connect Hith the sewerage
Val ley Sanitatjon District.
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be used fon the disposal of sewage other than
the Upper Eagl_e Val1ey Sanitation District.
. Trash and Garbaqe. No trash, ashes or
be thrown oq dumped on any land within
The burning of ref use out of doors sha'l 'l
I
No incinerators'or other devise for the
i ndoors shaj'l be constructed, insta'l 'l ed or
i except as:approved by the Architectura'l
Each property owner shall provide suitable
c0l I ection of refuse. Such receptacl es
!t'
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l
.Jr e-
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shal'l be screened from public view and protected from disturbance.
Section 8. Livestock. No anima'ls, lives'tock, horses
or pou'l try of any kind except dogs,'cats and other household
pets shall be kept, raised or bred in Bighorn Estates' exqePt
in areas designated for such purPoses by the Architectura'l
Control Commi ttee.
Section 9. Trees. No trees shall be cut or removed
in Bighorn Estates, except with prior written approval of the
Architectural Control Committee or by persons designated by
the Committee to grant or deny such approval..
Section'l 0. Locationl on Lots. The location of
--
improvements nust be approved 'i n advanc'e by the Architectural
Contnol Committee. In d.eti"nintng the proper location for
I
each improvement, the Committee sha'l'l consider the 'l ocation
i of existing and future improvements in the development'
l
'l ight, air, view, access' te_rraln, traffic fl ow, and other
- factors to the end of achieving the best and most harmonious
overal'l use of 'l and in the development.
Section I I . Landscap-i nq and Gardeni nq. Al l surface
areas disturbed by construction sha'l I be returned promptly
to their natura'l condition uriU repianted in nat'ive grasses 'I
except where such areas are to be improved by the construction
r of gardens,'lawns and exterior'living areas, which will be
i pernitted only after the pians thereof shall have been approved
I
by the Architectural Control lCommittee.
i Section 12. TemDorary Structures. No temporary
structure, excavation, basement, trai'ler or tent sha'll be
permitted except as may be necessary during construction and
. authorized by the Architectural Control Committee.
'Section'l 3. Continuity of Construction. A'l 1 structures
'
commenced .shal l be prosecuted dilligently to completion and
sha'l I be comp'l eted wi thi n I2;months of commencement ' excePt
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with utritten consent of the Architectura'l Control Gommittee.
Section 'l 4. Nuisances. No.noxious or offensive
activity shall be carried on nor shal 1 anything be done or
permitted which sha'll const'itute a public nuisance.
Section 'l 5. Area RdQuirements. No structure designed
for human use or habitation shall be constructed unless the
aggregate floor area, exclusive of open porches, basements,
carports and garages, s.hal'l be jn excess of l,'l 00 square
fee t.
Ahrat^r F w AIl ltlt,LE A
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Genera'l iprovisions
I
Section 1.. Duration., The covenants and restrictions
of thls Declaration sha'l I runr w'i th and bind the land, and
i shal'l inure to the benefit of and be enforceable by The
I Association, or the 0wner of lany land subject.to this
Dec't aration, their respectiver legal representatives, heirs,'j successors, and assigns, for a term of 2l years from the date
I this Dec'laration is recorded,i after which t.ime said covenanEs
i shal'l be automatically extended for successive periods of
I or in part. (For purposes of meeting the two-thirds require-
ment, when Living Units are clounteO, the Lot or Lots upon
I which such Living Units are s'ituated sha'l 'l not be counted.)
i Provided, however, that no su'ch agreement to change shall be
effective un'less made and re(ordeo three (3) years in advance
of the effective date of sucti change, and unless written
notice of the proposed agreement.is sent to every Owner at
i least ninety (90) days in advance of any action taken.
.i
.section 2.' Not'i ces. i Any notice required to be sent
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. ten ('l 0) years un'l ess an inst'rument signed by the then-0wners
of two-thirds of the Lots (or: Living Units) has been recorded,
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agreeing to change said cove{ants and restrictions in who'l e
to any .Member or 0wner under provisions of this Declaration he
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IN !lITNESS ItHERE0F, the
have hereunto set their
or
undersigned, being the Declarants
hands and seals this &
ti--.
sha'l 'l be deemed to have been proper'l y sent when mai'l ed,
postpaid, to the last known address.of the person'who appears
as Member or 0wner on the records of'the Association at the
tine of such mailing. :
Section 3. Enforcement. Enforcement of these covenants
and restrictions sha] 'l be by any proceeding at law or in equity
against any person or persons violating or attempting to
violate any covenant or restriction, either to restrain
violation or to recover damages, and against the 'l and to
enforce any lien created by these covenantsi and failure by
the Association or any 0wner to enforce any covenant or
restriction herein contained:shal'l in no event be deeined a
:
waiver of the right to do soithereafter.
Section 4, Severabi'l ity. Inva'l idatlon of any one of
covenants or restrictions by judgment or court order
in no wise affecl .ny othen provisions which shall
in fu'll force and effect.
Section 5. Amendment. The conditions, restrictions i
stipulations, agreements and icovenants contained herein
sha'l I not be waived, abandonjO, terminated, or amended except
by'vote of 75% or nore of the Members of the Association.
Section 6. FHA/VA Approval . As 'l ong as there is a
Class B membership, the following actions wi'll require the
prior approval of the Federa'l Housing Administration or the
Veterans Adninistration:' Annexation of additional properties,
I dedication of Common Area, and amendment of this Declaration
of Covenants, Conditions andrRestrictions. The provisions of
this Section sha'l I be and remain in ef f ect only 'in the event
FHA and/or VA approva'l of the propert'ies is sought, granted
and rel led upon.
thes e
s ha'l l
remai n
herein I
?1-
''.' .. t_-
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.'rt
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day of / ,lsz
The foregoi n instrum
/6Vaay or
STATE 0F C0L0RAD0 )) ss.
COUNTY OF EAGLE )
thi s
and
ent was
,_, 197/,
acknow'l eagdd
by JAMES A.
NANCY REINECKE.
My Commi ssion
lJitness my hand and of f ici a'l seal .l, d/ //zv expi resr:
22-
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CY REINECKE
(Decl arants )