Declaration of Protective Covenants, Conditions and Restrictions For Coyote Ridge Subdivision THIS DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICITONS (hereinafter sometimes referred to as declaration ) dated as of August 19 th 2010 is executed by HLC Enterprises LLC (hereinafter referred to as developer). WITNESSTH WHEREAS, Developer is the owner of certain real estate in the County of Fremont, State of Colorado; and WHEREAS, developer desires to provide for the protection and preservation of the values, amenities, desirability and attractiveness of the property referenced as Coyote Ridge Subdivision; and WHEREAS, Developer desires to record the protective covenants in this Declaration in order to put all potential owners of lots on notice as to the terms of these conditions, including but not limited to, a disclosure that Coyote Ridge is to be developed as a community with craftsman/cottage style homes. NOW, THEREFORE, Developer as legal titleholder of the Properties of Coyote Ridge, and for its heirs and assigns, declares as follows: ARTICLE I Definitions The following words when used in this declaration or any supplemental declaration hereto (unless the context shall prohibit) shall have the following meanings:
1.1 Declaration shall mean and refer to this Declaration of Protective Covenants, Conditions and Restrictions applicable to the properties and which is recorded in the Office of the Register of Deeds for Fremont County, Colorado. 1.2 Developer shall mean and refer to HLC Enterprises LLC, having a principle place of business in Canon City, CO 81212. Mailing address: Box 458, Canon City, CO 81215, its heirs and assigns. ARTICLE II Properties Subject to This Declaration 2.1 Submission of the properties to the declaration. The Developer, as legal titleholder of the Properties, hereby submits and subjects the Properties to the provisions of this declaration. This Declaration shall constitute covenants running with the land and binding upon all parties now owning and hereafter having or acquiring any right, title or interest in the Properties or any part thereof, and shall inure to the benefit of all individuals who acquire lots in this development. ARTICLE lll Architectural Requirement 3.1 There shall only be single-family construction on the residential lots. 3.2 The Architectural Review Committee is the sole authority for the approval of all construction plans and landscape plans for each lot within this development. Lot owners must submit their proposed construction and landscaping plans to the Architectural Review Committee and obtain the committees approval prior to the commencement of any construction. Each plan will also show rear, front and side elevations. 3.3 Minimum floor areas. (a) The floor area of a one story house shall have a minimum of 1800 square feet living area. (b) The floor area of a two story house will have a minimum of 2000 square feet of living space. 3.4 Materials: The principle exterior of the homes at Coyote Ridge Subdivision will consist of at least 20% (twenty) stone and 80% (eighty) siding materials which will blend together with the stone. It is the intention of this restriction to allow our homes to follow the craftsman/cottage style home look. The Declaring must be approved by the Design Committee in advance, and any deviation from the above. All buildings of any nature must be approved by the Architectural Review Committee and must be consistent with the overall architectural theme of the development. HLC Enterprises, LLC agent and manager Erin Tierney; Colorado Licensed Realtor, Maretta Beal, Colorado Licensed Realtor and James Characky, Colorado Licensed Realtor, collectively known as Team JEM will serve as the prime realtors for the Development and Architectural Review Committee. 3.5 Driveways will be constructed of concrete, asphalt pavement and/or cobblestone pavers. Gravel driveways will not be permitted.
3.6 Garages: No garage will face the street. Every garage will either be a rear loaded, facing the rear of the yard or a side loaded, facing the side of the yard. Any variance will require approval from the Architectural Review Board. 3.7 Fences: Any fence erected upon any lot in the coyote ridge subdivision shall be constructed of wood, stone, or brick only. Any erected fence in the rear yard shall not exceed 6 (six) feet in height as per building code regulations. The decorative or finished side of all fences shall face adjacent dwellings, lot or street. 3.8 Accessory Buildings: All other dwellings situated on the same lot, will be harmonized in appearance to the main dwelling on the lot and must be approved by the Architectural Review Committee prior to construction. 3.9 Lot owners will be required to install a five foot wide sidewalk per Fremont County specifications, along the entire frontage of their parcel directly adjacent to the curb and gutter, prior to being issued a Certificate of Occupancy. ARTICLE IV Restrictions 4.0 Land Use and Building type: No lot shall be used, except for residential purposes. No temporary structure, mobile home, recreational vehicles or incomplete structure may be used on the property at any time, temporarily or permanently as a residence. All lots shall be constructed on and completed construction within 2 years of purchase. 4.1 Vehicles: Inoperable vehicles, unlicensed vehicles not for immediate use may not be kept or parked on the property or any public street. Vehicles may not be assembled, disassembled or serviced on the property or any public street unless completely hidden from public view. No boat, jet-ski, trailer camper or recreational vehicle should be kept stored or parked on any public street. All recreational vehicles shall be kept on owner s property, hidden from view. This paragraph shall not apply to construction vehicles used by the developers. 4.2 Livestock, poultry and pets; No animal, livestock or poultry of any kind shall be raised, bred or kept on any lot exception, household pets such as dogs or cats may be kept provided they are confined to the lot by fence. Any objectionable noises that become an annoyance or a nuisance of any sort to the neighborhood will be in violation of these restrictions of the Coyote Ridge Subdivision. ARTICLE V Conditions and Protective Covenants 5.1 Nuisance: All lots shall be kept in a neat and clean condition. No trash rubbish machinery, inoperable or junk vehicles building materials or property or roadways. No part of any lot shall be used as dumping ground of any junk, trash, sewage, rubbish or garbage Machinery trailers, garden and maintenance equipment shall be kept in an enclosed structure or screened from view at all times except when in use. Refuse garbage and trash shall be kept at all times in a sanitary container. No lumber, shrub or tree
clippings or plant waste or metal or bulk materials or scrapes of refuge or trash or unlicensed automobiles parts, machinery or equipment shall be kept stored or allowed to accumulate on any of the sites/lots. The architectural Control committee of its own motion or of the committee s designee, may enter on a it to remove any and the cost of such removal shall be chargeable / to the owner of the offending lot. Any such entry shall not be deemed a trespass. Further the owner of any lot shall not permit any noxious, dangerous or illegal activity to be conducted, carried on or practiced in any area of the Coyote Ridge Subdivision. 5.4 No window or air-conditioning units shall be installed in any residence, outbuilding or any other structure visible from the street. 5.5 No signs of any kind shall be displayed to the public on any lot except one professional sign of not more than one square foot or one sign of not more than 5 square feet advertising the property for sale or rent or signs used by the builder to advertise the property during construction and sale. ARTICLE Vl General Provisions All of the provisions requirements restrictions and conditions therein above set forth shall be construed as covenants running with the land and binding upon the parties and their respective heirs, successors and assigns, and it being the purpose and intent thereof that such provision and conditions shall ensure to the benefit and advantage of the owner of any of the lots or parcels of land in the coyote ridge sub-division. 6.1 Enforcement: Any restrictions conditions or protective covenants that are in violation will be subject to a written notice of the violations and a set number of days 7 (seven) to rectify the violation. If no attempt has been made to resolve these violations then further action must be taken. The Developer has all rights to enforce these covenants and if necessary rely on the courts. 6.2 Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which will remain in full force and effect. 6.3 The property owners shall pay all legal fees incurred to enforce said covenants. 6.4 Landowner shall have the right to enforce these restrictive covenants but not to the extent of the developer. HLC ENTERPRISES LLC 6.5 The Developer, HLC ENTERPRISES LLC the residential landowners and their heirs, successors and assigns assume no responsibility or liability for any accidents, illnesses or any damage of any kind or character occurring on any property belonging to said owners/and or their heirs successors or assigns in said subdivision. 6.6 Duration: these restrictions shall be appurtenant to and run with the land and shall be binding upon the developer and all heirs and assigns to the property for a period of twenty years. From the date of the filing of this declaration twenty years after the recordation of this instrument, said covenants should be automatically extended for successive periods of ten years each.
Article VII Amendments Anything contained herein to the contrary notwithstanding, these documents may be amended by the Developer or after December 31, 2015 by a majority vote from the Coyote Ridge Subdivision homeowners. The amendment may be to modify, release or amend any of the conditions and restrictions of this document, in the same shall be recorded in the Registrar s Office Fremont County Colorado. IN WITNESS WHEREOF, the Developer has caused this Declaration of Restrictive Covenants, Conditions and Restrictions to be executed on the day and date first above written. Developer: (Signed and Notarized Original on file with Fremont County Clerk) HLC Enterprises LLC, Erin Tierney STATE OF COLORADO ) COUNTY OF FREMONT ) Before me, the undersigned, a notary Public in and for the state in county aforesaid personally appeared Erin Tierney as of HLC Enterprises LLC the within named bargainer with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence) and who acknowledged that he executed the foregoing instrument as such for HLC Enterprises LLC, for the purposes therein contained. Witness my hand and official seal on this the day of 2010 Notary Public My Commission Expires: