DECLARATION OF PROTECTIVE COVENANTS FOR UTE MESA SUBDIVISION KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, Chubb Investments, Inc., a Colorado Corporation, is owner of certain real estate situate, lying, and being in the County of Custer, State of Colorado; To-wit: A Subdivision located in Township 22 South, Range 73 West of the 6 th P.M., Sections 8, 9, and 17, according to the recorded plat thereof in the office of the County Clerk and Recorder, County of Custer, State of Colorado. NOW THEREFORE, in consideration of the acceptance hereof by the several purchasers and grantees (his, her, their, or its heirs, executors, administrators, personal representatives, successors and assigns and all other persons or concerns claiming by, through, or under such grantees) of deeds to lots, in addition to the ordinances of the County of Custer, Colorado, shall be and hereby bound by the covenants set forth in these presents and that the property described in these restrictions shall be held and enjoyed to and with the benefit and advantage of the following restrictions, limitations, conditions, and agreements, to-wit: 1. Architectural Control: No structure, including walls and fences, shall be erected, converted, placed, added to or altered on any lot until the construction plans and specifications and a plan showing the location of the structure has been approved in writing by the proper representatives of Chubb Investments, Inc. as to quality of workmanship and materials, harmony of external design with existing structures and to topography and finished grade elevation. If action to approve or disapprove plans as submitted is not taken within thirty (30) days, approval is automatic. 2. Building Use and Type: All lots not designated on the Plat as being for business or commercial use shall be restricted to residential use either as vacation homes or year round dwellings. Such structures shall be only one family dwellings and shall be for residential use only. Auxiliary buildings or structures usual to a residence may be erected or placed thereon. Not more than one dwelling shall be erected or placed on any lot except that one guest house which shall consist of not less than 600 square feet on the ground floor level may be erected in addition to the main dwelling. Private stable, shed or animal shelter with no minimum dimensions shall be permitted subject to approval by the provisions of Paragraph One (1) above. No modular or trailer homes, domes or Quonset homes. 3. Dwelling Size: No dwelling shall be erected or placed on any lot unless such dwelling has a ground floor area of not less than 1,000 square feet exclusive of garages, carports, open porches, patios or court areas. 4. Temporary Residences: No basement, shed, tent, trailer or trailer house, or structure of a temporary nature may be used as temporary or permanent living quarters. This covenant does not preclude vacation camping in tents, trailers or campers for a period not to exceed thirty (30) continuous days. 5. Building Location: No building shall be erected nearer than three-hundred feet (300) to any boundary along a street, or so that any part of said building is closer than one hundred (100) feet to any of the other boundary lines of said premises. In case of single ownership of more than one tract, this
restriction shall apply to the parcel as a whole. For the purpose of this covenant, eaves, steps and open porches shall be considered as a part of the building. 6. Time of Construction: Once construction is started it must be completed within 12 months. 7. Fencing: Fencing which is constructed on lot lines contiguous to road right of ways as shown on the recorded plat of Ute Mesa must be placed no further outward from the center of any lot than the interior easement line which is indicated by notes on said plat. Fences may be constructed on interior lot lines in contradiction of Paragraph 8 of these covenants except that in such case the lot owner shall be liable for expenses of damage, repair and replacement of such fencing as may be incurred by the installation of any utility systems. Any utility entity, either public or private shall have the right to breach any fencing or other obstructions located on a utility easement for purposes of construction and servicing without incurring any liability for damage thereto. 8. Easements: Easements for installation and maintenance of utilities, roadways, bridle paths, hiking trails and such other purposes incident to development of the property as reserved and shown by notes on the recorded plat of Ute Mesa, will be kept open and readily accessible for use, service and maintenance. 9. Obstructions to Vision at Intersections: No fence, wall, hedge, tree, 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 tract within the triangular area formed by the street property lines and a line connecting them at points twenty-five (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 line extended. The same sight-line limitation shall apply on any tract within ten (10) feet from the intersection of a street property line with the edge of a driveway or access road on any tract. 10. Nuisance: Nothing shall be done or permitted on any tract which may be or become an annoyance or nuisance to the neighborhood. No noxious or offensive activities shall be carried on upon any tract. 11. Garbage and Refuse Disposal: No part of the property above or below ground shall be used or maintained as a dumping ground for rubbish, trash, garbage, debris or other waste. At all times the property shall be maintained in a sanitary condition. Reasonable preventions shall be taken against fire hazards and no outdoor burning of any kind shall be permitted upon the premises (except for cooking) unless in an approved incinerator with ash control. 12. Signs: All signs displayed upon any of the premises or tracts must be first approved by Chubb Investments, Inc. This covenant does not preclude the display of builders or realty-type signs, or small professional signs, not to exceed one (1) square foot in the area per side. Chubb Investments, Inc. reserves the right, however, to require modification or removal of such signs if they are deemed not to be in keeping with the area and subdivision décor. 13. Water and Sewage: All water wells and sewage disposal systems placed upon any tract shall comply with the zoning requirements of Custer County and the State of Colorado Health Department. No sewage tank or field system shall be nearer than fifty (50) feet to any tract line except with the consent of the appropriate health official of the State, and no sewage, waste water, trash, garbage or debris shall be emptied, discharged or permitted to drain into any body of water in or
adjacent to the subdivision. No outside toilets or privies shall be permitted on any tract. All toilet facilities musts be a part of the residence or garage and shall be of a modern flush type and connected with a proper sewage tank system. 13a. Irrigation Water Rights: Individual lot owners will be responsible and must provide access adequate for water right owners to maintain the creeks and ditches. Ute Mesa lot owners will have the right to water for livestock ONLY. No obstruction or deviation of the natural free flow of water in said creeks and ditches will be permitted. 14. Animals: No animals, livestock or poultry of any kind shall be housed, raised or kept on any tract or property either temporarily or permanently, except that commonly accepted domestic pets may be kept provided they are not kept or maintained for any commercial purposes and except that one horse for each ten acres of land owned may be kept for recreational purposes. No stables, corrals, or any structure for the housing or feeding of horses shall be located or placed closer than one hundred fifty (150) feet to any adjoining lot line nor closer than three hundred (300) feet to a public street. All stables, corrals, or any structure for the housing or feeding of horses shall be approved as to location and design by Chubb Investments, Inc. and shall be maintained in compliance with all lawful sanitary regulations. In case of single ownership of more than one tract then the setback restrictions of this covenant concerning animals as authorized under this covenant, shall not have free rein of the subdivision known as Ute Mesa, and shall be contained on the property of their owner. 15. Chimneys and Fireplaces: All chimneys and fireplaces shall have a protective wire inside the chimney near the top to prevent any burning particles from escaping said chimney. 16. Mining Operations: No oil, gas, coal, sand, gravel, or other mineral development, drilling, refining, quarrying, mining crushing manufacturing, or processing operations of any kind shall be permitted upon or in any portion of the property; nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted. The foregoing shall not be construed to prevent the drilling of water wells to serve the premises for domestic purposes. 17. Hunting and Use of Firearms: No hunting of any kind shall be permitted in any of the areas covered by these covenants. Further, no use of or discharge of firearms shall be permitted within any of the land area herein covered. 18. Fireworks: The use of or discharge of fireworks of any kind in the area covered by these covenants shall be expressly forbidden. 19. Driveways: Culverts in size as prescribed by the Custer County Department of Roads, but in no event less than one (1) foot in diameter, must be installed at road entrance driveways in all instances in which proper drainage would otherwise be obstructed. 20. Drainage: Nothing shall be done on any lot which will obstruct or prevent the natural and/or proper flow of drainage. 21. Storage: No lot may be used for the storage of property in the open except that building materials intended for use in the erection of a building or auxiliary structure on the premises may be kept in the open during the construction period, but not to exceed six months in any event. No motor vehicle of any type shall be permitted to remain on the property in a non-operating condition for more
than 30 days in any calendar year. Any such vehicle which does not display current and valid license plates, and safety inspection sticker where required by state law, shall be deemed to be in a nonoperating condition. 22. Ute Mesa Home Owners Association: There is hereby established a Ute Mesa Home Owners Association consisting of all grantees in Ute Mesa. It is the intent of Chubb Investments, Inc. that eventually, at a time to be determined by Chubb Investments, Inc., that a Board of Directors for the said association will be initially appointed by the said Corporation, and thereafter the said association will assume the said corporation s responsibility in regard to architectural control enforcement of all covenants as contained herein, any road maintenance not performed by Custer County, and general government of ensuing by-laws of the Ute Mesa Home Owners Association. 23. Re-subdividing: Further division of tracts as shown on the recorded plat of Ute Mesa will not be permitted. It is the intent of Chubb Investments, Inc. to maintain a minimum tract size of forty (40) acres. In the event a tract owner in Ute Mesa presents a request for permission to re-subdivide, and can show sufficient justification, Chubb Investments, Inc. will afford all possible consideration. Should such permission be granted, the re-subdivider must comply with all laws and ordinances of Custer County and the State of Colorado involving zoning, subdivision and health and sanitation standards. In no event will Chubb Investments, Inc. permit re-subdivision in any instances whereby the esthetic values, natural amenities and pollution and contamination control would be disenhanced. 24. Right of Chubb Investments, Inc.: Chubb Investments, Inc., its successors or assigns, expressly reserves the right: a. from time to time to amend or revoke any restrictive covenants then in existence, but no such amendment or revocation shall apply to tracts that are sold prior thereto without the written consent of a majority of the then owners of any such tracts. b. to enter into agreements with the grantee of any lot or lots (without the consent of the grantee of other tracks or adjoining or adjacent property) to deviate from those conditions, restrictions, limitations and agreements herein set forth, and any such deviation which shall be manifested by agreement in writing shall not constitute a waiver of any such condition, restriction, limitation, or agreement as to the remaining lots in said subdivision, and the same shall remain fully enforceable on all other tracts located in the said subdivision by the original Subdivider, its successors or assigns, and the grantees of other lots except as against the tract where deviation is permitted. 25. Term of Covenants: These covenants and restrictions are to run with the land and shall remain in full force and effect for twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the tracts have been recorded, changing said covenants in whole or part. 26. Enforcement: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Chubb Investments, Inc., its agents or assigns, further reserves the right, whenever there shall have been an obvious violation of one or more of the provisions of these covenants, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner and such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to breach occurring prior to
or subsequent thereto and shall not bar or affect its enforcement. The invalidation by any court of any restriction herein contained shall not in any way affect any of the other restrictions but they shall remain in full force and effect. 27. Chubb Investments, Inc.: Chubb Investments, Inc. may assign any and all its rights, power, obligations and privileges under this instrument to any corporation, association or person. 28. Separability: 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. IN WITNESS WHEREOF, the Grantor has caused these presents to be signed this 25 th day of march, A.D. 1983. [signed] [notarized]