Owners Certificate of Protective Covenants For Mesa Antero Filing 4 These protective covenants are provided for the purpose of establishing and maintaining orderly development and improvement within Mesa Antero Subdivision Filing 4, and for the mutual benefit of all property owners and their successors who hold title to property within Filing 4. Therefore, the following protective covenants impose restrictions and reservations with which all Filing 4 property owners and their successors must comply. 1.0 Organizational Covenants 1.1 These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2019, at which time said covenants shall be automatically extended for successive periods of ten (10) 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. One year prior to renewal of the covenants, a covenant review committee shall be convened. The elected representatives of Filing 4 then serving on the Mesa Antero Architectural Control Committee (MAACC) and the Mesa Antero Property Owners Association (MAPOA) shall co-chair the committee, or if unavailable or unwilling to act as Chair, shall identify a full-time resident in Filing 4 to act as Chair. All lot owners in Filing 4 shall be invited to participate on the covenant review committee. The covenant review committee shall tabulate the ballots and file the final covenants with the Chaffee County Clerk and Recorder. 1.2 Invalidation of any one of these covenants by legislation, judgment, or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 1.3 All lots within Filing 4 shall be known and designated as residential building lots. 1.4 The areas shown on the plat for Filing 3, which are generally known as Blue Spruce Park and the Stables Area, are deeded to the Mesa Antero Property Owners Association. A third area, generally known as the Wetland Area, is located in Filing 2. These three areas are dedicated for recreational use by all property owners of the Mesa Antero Subdivision. 1.5 Should any owner of any lot or building site in Filing 4 (Owner 1) believe that another owner and/or tenant of any lot or lots or building sites in Filing 4 (Owner 2) has violated any of the restrictive covenants and/or conditions contained herein, and Owner 2 thereafter refuses to correct same and to abide by said restrictions and conditions contained herein, after reasonable notice, then in such event, Owner 1 may institute legal proceedings to enjoin, abate, and/or correct the alleged violation or violations. If the court finds that Owner 2 has in fact willfully and intentionally violated these covenants, Owner 2 shall pay all attorney fees, court costs, and other necessary - 1 -
expenses incurred by Owner 1. 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. 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. 2.0 Lot Development Covenants 2.1 No lot as subdivided shall be re-subdivided into more than one residential building site. 2.2 No building shall be located within the restricted building approach line as shown on the plat for Filing 4 for Lot numbers 135, 136, 137, 138, 139, 140, 142, 143, 147, 148, 149, 150, 151, 152, 153, 154, and 155. 2.3 Individual septic systems shall be used in Filing 4, but only after the lot owner (or his/her contractor) has submitted plans and obtained approval from the appropriate Chaffee County regulatory body. Lot numbers 135 and 148 through 155 may require evaporative-transpiration sewage systems. 2.4 All lots in Filing 4 shall be served through the central water system operated by the Mesa Antero Water Association 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. The Water Court decree specifies that water is for in-house use only. 2.5 Easements for installation and maintenance of utilities and drainage ditches along County roads are reserved as shown on the recorded plat for Filing 4. Within these easements, no structure, planting, or other material shall be placed or permitted to remain that may a.) damage or interfere with the installation and maintenance of utilities, b.) change the direction of flow of drainage ditches, or c.) obstruct or retard the flow of water through drainage ditches. The easement area of each lot shall be maintained continuously by the owner of the lot, except for those improvements that are the responsibility of a public authority, a utility company, or the Mesa Antero Water Association. Refer to Section 4.5 for required setbacks for structures. 3.0 Architectural Control Committee Operational Covenants 3.1 No residence, addition, incidental outbuilding, or other structure shall be constructed, placed, or its exterior altered on any building lot in Filing 4 until the plans, specifications, and site plan showing the location or exterior alteration of such structure has been approved in writing by the Mesa Antero Architectural Control Committee (Committee) as to a.) the location of such structure with respect to setbacks, topography, and finished grade elevations, b.) compliance with all structural restrictions - 2 -
specified within the covenants of Filing 4, and c.) the compatibility of the external design with existing structures in the subdivision. Committee standards and guidelines are posted on the Mesa Antero website at www.mesaantero.org. 3.2 Filing 4 shall elect (by a majority of the votes cast; one vote per lot) a full-time resident to be its representative on the Committee. The serving Filing 4 representative shall post on the community bulletin board 60 days before the end of his/her term, a notice of vacancy. Any full-time Filing 4 resident may submit his/her name to the Filing 4 representative to be included on the ballot. The term of membership shall be three (3) years and the representative shall not serve consecutive terms unless there are no other residents willing to represent the Filing. In the event of the resignation or death of the Filing 4 representative, the Committee shall have full authority to designate a successor from Filing 4 (if available) for the remainder of the term. 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 representative on the Committee or the powers and duties of the Committee as they apply to Filing 4. 3.3 The members of the Committee shall not be entitled to any compensation for services performed pursuant to these covenants. The Committee may determine and charge a fee to cover certain administrative expenses. 3.4 In the event the Committee fails to approve or disapprove within thirty (30) days any plans and specifications that have been submitted to it, it shall be understood that approval is granted and that the lot owner shall be deemed to have fully complied with Section 3.1. Any Mesa Antero lot owner may file an appeal of a Committee decision within the appeals period established by the Committee. The appeals process is posted on www.mesaantero.org. 3.5 In no event shall the Committee or any of its members be subject to litigation for any action or omission related to the implementation of these Covenants other than willful misconduct, gross negligence, or criminal conduct. 3.6 Any approval of plans granted by the Committee shall be valid for a period of three (3) years. 3.7 Construction in Filing 4 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 (1) year, unless an extension is granted by the Committee. 4.0 Architectural Element Covenants 4.1 No residential structure shall be erected, altered, or placed on any residential building lot other than a.) one (1) single-family dwelling not to exceed two (2) stories in height, b.) an attached garage with not more than three (3) single or one (1) double and - 3 -
one (1) single garage doors, and c.) other outbuildings or structures incidental to residential use of the lot (e.g., detached garages or shops). Dwellings and outbuildings are not to exceed twenty-eight (28) feet above pre-construction grade. Towers, for any purpose, are not to exceed forty (40) feet above pre-construction grade. Preconstruction grade is defined in Architectural Control Committee guidelines. 4.2 The single-family dwelling specified in Section 4.1 shall not be less than 1,000 square feet of living space on the main level. Garages shall not be considered as living space. 4.3 The total square footage of all incidental space (e.g., garage and outbuildings) shall not exceed the total square footage of the living area of the dwelling. In any event, total incidental space (both attached and detached) shall not exceed 2,800 square feet. 4.4 All residential structures are to be constructed or assembled on-site and must rest on and be attached to a permanent foundation with engineered footings. Modular construction that meets International Building and International Residential Code requirements and is approved by the Architectural Control Committee is permitted. The property owner is responsible for providing certification to the Architectural Control Committee that a proposed modular structure meets International Building and International Residential Code requirements. 4.5 No building shall be located on any lot nearer to the front, side, or rear lot lines, as shown on the Filing 4 plat, than the minimum building limit or setback lines specified in this covenant. No building shall be located on any lot nearer than fifty (50) feet to the front lot line. No building shall be located nearer than twenty-five (25) feet to a side or rear lot line. With regards to setbacks, eaves, steps, and walkways shall not be considered as parts of the building; however, open porches and decks shall be considered to be part of the building. 4.6 No fences or walls of any type or nature whatsoever shall ever be constructed, erected, placed, or maintained nearer to the front, side, or rear lot lines, as shown on the Filing 4 plat, than the minimum building limit or setback lines on each lot, as specified in Section 4.5. However, it is not the intention of this paragraph to exclude the use of vegetation to landscape yards forward of setback lines. The Architectural Control Committee may, in its discretion, waive in whole or in part the restrictions in this paragraph as to fences and enclosures, provided such waiver must be in writing. 4.7 Dusk-to-dawn exterior lighting (e.g., pole- or wall-mounted yard lighting; tower lighting) is prohibited. Low voltage solar powered lighting for the purpose of illuminating porches, steps, walkways or driveways is permitted dusk to-dawn. All newly installed or modified exterior lighting shall be downward facing and fully shielded to prevent any direct light from projecting above the horizontal. All exterior lighting shall be fully compliant with Architectural Control Committee guidelines by January 1, 2012. 4.8 Alternative or renewable energy devices are allowed on Filing 4 lots subject to the same placement restrictions for buildings as specified in Section 4.5. Any alternative or - 4 -
renewable energy device installed or erected on any lot shall be constructed in accordance with guidelines established by the Mesa Antero Architectural Control Committee and found on www.mesaantero.org. 5.0 Lot Use Covenants 5.1 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 single family dwelling or at any other time, either temporarily or permanently. 5.2 No automobile, truck, trailer, recreational vehicle, mobile home, tent, or temporary structure of any nature whatsoever shall be parked, located, or otherwise maintained forward of the front, side, or rear building limit or setback lines on each lot, as same is specified in Section 4.5. No tent shall be permanently located on any lot. However, it is not the intention of this paragraph to exclude the temporary parking of passenger vehicles on any portion of the driveway that is located forward of such front or side building limit or setback lines. 5.3 The storage or placement of recreational vehicles on building lots should take into consideration the visual or aesthetic impact of such placement on neighbors. Reasonable effort should be made to park or screen recreational vehicles and boats so that they are not conspicuous from subdivision roads or neighboring homes. 5.4 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. 5.5 Derelict cars, trucks, trailers, or any other vehicle of similar condition are not to be openly stored, either temporarily or permanently on any lot. Derelict is defined as inoperable (unable to move under its own power); or is partially or totally dismantled; or has all or portions of its bodywork missing or substantially damaged; or is not registered, if registration is required to operate on public property. 5.6 Home business, occupation, trade, or related activities are allowed in Filing 4 but must adhere to the following requirements: No on-premises employees except for immediate family members living in the residence, No on-premises clientele, All activity must take place within the confines of the approved residence or outbuildings on said lot, - 5 -
No use of mechanical, electrical, or other equipment or items that may be heard or observed by neighbors, No exterior evidence of the business (e.g., equipment or materials storage for the business or signs marketing the activity), Vehicle maintenance/repair- and bed & breakfast- type businesses are specifically prohibited, Garage/yard sales by residents (not to exceed two weekends per year per resident) are allowed, The business is in compliance with other Covenant restrictions for Filing 4, and The business is in compliance with state and Chaffee County laws and regulations relating to operating a business in a residential community. 5.7 Lessees or renters of any property or residence shall be provided, by the owner, with a copy of the protective covenants and required to sign a document that certifies that they have read, understand, and will comply with same; and such document shall be part of the lease or rental agreement. The property owner shall be responsible for any violation of the covenant provisions by the tenant and shall be subject to enforcement under Section 1.5 of these covenants. 5.8 No trash, solid waste, unsightly materials, or other refuse may be thrown, placed, or dumped on any lot in Filing 4, whether vacant or occupied. 5.9 No noxious or offensive activity (including, but not limited to, excessive dog barking or loud nighttime noise) shall occur on any lot. 5.10 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 (5) 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 (5) square feet advertising the property for sale or rent; or one temporary sign of not more than five (5) square feet used by a builder to advertise the property during the construction and sales period. Political signs may be displayed no earlier than forty-five (45) days before and seven (7) days after an election, may not exceed one (1) sign per political office or ballot issue, and may not exceed thirty-six (36) inches by forty-eight (48) inches. Service flags may be displayed that do not exceed nine (9) inches by sixteen (16) inches. The American flag may be displayed that does not exceed forty-eight (48) inches by seventy-two (72) inches. In the event that there should be any conflict between this covenant regarding political signs and flags, and state or federal legislation or regulations, the latter shall prevail. 5.11 No animals of any kind, including livestock, poultry, and domestic pets, shall be bred, raised, or kept on any lot for any commercial purpose. Animals kept as household - 6 -
pets are permitted, subject to Chaffee County Resolution Number 2001-04 or revision thereof, which can be found on www.mesaantero.org. 5.12 Hunting is prohibited in Filing 4. 5.13 The discharge of firearms, except to protect persons or property, is prohibited in Filing 4. Filed with Chaffee County Clerk and Recorder on November 20, 2009 Reception #: 384908-7 -