EROA Covenants for
Filing 2&3, 4&5
NOTE: There are a few differences between the Covenants of Filings 2&3 and 4&5. The differences are delineated by the use of brackets [ ]. Most of the differences are clarifications from when the Covenants for Filings 2&3 were written to when the Covenants for Filings 4&5 were written. In particular, Section 8, WATER, adds material relevant to the Water Court.
THE ELKHORN RANCHES
FILINGS 2-3 [4-5]
STATE OF COLORADO )
) DECLARATION OF PROTECTIVE COVENANTS
COUNTY OF PARK )
KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the declarant, THE ELKHORN RANCH COMPANY, hereinafter sometimes called subdivider, is the owner of all the following described property situate in the County of Park and State of Colorado, to wit:
THE ELKHORN RANCHES, FILINGS NO. 2 AND 3 [4 AND 5] 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 persons or concerns claiming by, through or under such grantees) of deeds to tracts in The Elkhorn Ranches hereby declares to and agrees with each and every person who shall be or who shall become an owner of any said tracts, that said tracts, in addition to the ordinances and zoning laws of the County of Park, Colorado, shall be and are hereby bound by the covenants set forth in these presents and that the property described in these restrictions shall be held and enjoyed subject to and with the benefit and advantage of the following restrictions, limitations, conditions and agreements, to wit:
1. INTENT: It is the intent of these covenants to protect and enhance the value, desirability, and attractiveness of said property. Restrictions are kept to a minimum while keeping in constant focus the right of property owners to enjoy their property in attractive surroundings free of nuisances, undue noise, and danger. Further, it is intended that the natural environment be disturbed as little as possible.
2. BUILDING TYPE AND USE: All tracts in the subdivision [4&5, add: except for outlots] are zoned R-1 (residential) by the [4&5, add: applicable] Park County regulation. Property owners should consult said zoning regulation for specific zoning use and restrictions prior to any construction.
3. DWELLING SIZE: The ground floor area of the main structure, exclusive of open porches, garages, and basements, shall be not less than 600 square feet for a one-story dwelling, nor less than 500 square feet for a two-story dwelling. No dwelling shall be more than two stories above ground.
4. BUILDING LOCATION: No building shall be erected nearer than twenty-five (25) feet to any boundary along a street, or so that any part of said building is closer than twenty-five (25) feet to any [other] boundary line[s] of said premise[s]. In case of single ownership of more than one tract, this restriction shall apply to the parcel as a whole. For the purposes of this covenant, eaves, steps, and open porches shall be considered as a part of the building.
5. BUILDING APPEARANCE: In order not to impair the appearance of the subdivision, the exterior of each dwelling or other structure located on any tract shall be maintained in good [4&5: acceptable] repair and painted condition [4&5, add: as the Board of Directors may, from time to time, determine.] Structural color schemes shall be compatible with the natural environment of the subdivision. Natural or earth colors are encouraged. If a structure is placed on temporary supports or blocks, dwellings must be skirted within thirty (30) days after installation.
6. EASEMENTS: Easements for installation and maintenance of utilities, roadways, and such other purposes incident to development of the property are reserved [4&5: granted] as shown on the recorded plats [4&5, add: recorded in Park County, Colorado, and ]. Such easements [4&5: rights-of-way] will be kept open and readily accessible for use, service and maintenance.
7. NUISANCES: Nothing shall be done or permitted on any tract which may be or become an annoyance or nuisance to the neighborhood [any portion of the subdivision]. No noxious or offensive activities shall be carried on upon any tract. No unlicensed vehicles shall remain on the property for more than ninety (90) days.
8. WATER: Water shall be supplied to the subdivision by each individual lot owner drilling his own individual well. [4&5, add: The individual lot owners's water supply is subject to the terms and conditions of the Decree in Case No. W-8107 (75) in the District Court of Water Division No. 1, Greeley, Colorado, and of record in the office of the Clerk and Recorder, Park County, Colorado.] Before a lot purchaser can construct a well on his property, he must obtain a well permit from the Colorado State Engineer's Office [4&5, add: in Denver, Colorado]. Domestic well permits and household use only well permits will be the only types of permits granted for construction of wells on the property. [4&5, add: The above described Decree provides for 7 domestic well permits and 453 household-use-only well permits. These will be the only types of permits granted for construction of wells on the property.] Those property owners obtaining domestic well permits will be limited to not more than 5,000 [4&5: 1,000] square feet of lawn and/or garden area to be irrigated from such well, along with a normal household use. Those lot owners obtaining household-use-only well permits are not allowed any external use of water, such as irrigation of lawns or gardens, nor are they allowed outside hydrants for watering of domestic animals.
9. SEWAGE: Due to the climatic conditions of Park County, and certain agreements made in the water augmentation plan, evapotranspiration sewage effluent disposal systems will not be allowed in this subdivision. Only sand filtration (engineered specifications which preclude evaporations at the surface) or acceptable absorption disposal systems shall be permitted in the subdivision. [4&5, add: Each lot owner must obtain State and, if applicable, County Health Department approval for the installation and use of an on-site sewage disposal system.]
10. FIREARMS: No hunting or discharge of firearms shall be allowed within the subdivision.
11. GARBAGE AND REFUSE DISPOSAL: No tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall not be visible from public roads.
12. SIGNS: No signs of any kind shall be displayed to the public view on any tract except one sign of not more than six (6) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sale period.
13. CULVERTS: Buyers shall furnish where necessary at their own expense one county approved culvert of a minimum size of 15 inches, required for a private access road to their property.
14. CLEARING OF TREES: There shall be no removal of living trees from any tract except that which must be removed in connection with construction on the property, landscaping, or that which is consistent with good conservation practices.
15. COMMON AREAS: (Outlots) The common areas are for the enjoyment of all property owners. Individual users shall cooperate to police trash and maintain the common areas in a clean, neat and natural condition in keeping with the spirit and decor of a high caliber second home community. There shall be no overnight camping in the common areas. (Outlot)
16. THE ELKHORN RANCH OWNERS ASSOCIATION (EROA): Purchasers of tracts in the subdivision automatically become members of The Elkhorn Ranch Owners Association, hereinafter referred to as EROA. Purchasers of tracts understand that membership in and full support of EROA is an absolute requisite for every purchaser and owner of a tract or tracts in The Elkhorn Ranches [4&5: subdivision]. The purposes of EROA are to assume ownership and control of, and responsibility for the common areas within the subdivision; to provide surveillance over the property, to include, but not to be limited to maintenance of signs and enforcement of protective covenants; [2&3: to govern the Elkhorn Ranches as required] and to attend to such other matters as may be determined necessary by the EROA directors. Tract purchasers understand that payment of dues to EROA and full cooperation with EROA decisions and policies are requirements concomitant with tract purchase and ownership, that periodic dues and/or fees will be required which must be promptly paid, and that nonpayment of such dues and/or fees will cause a recorded lien to be placed against the defaulting member's tract or tracts.
EROA will operate as a non-profit organization, its books may be examined at all reasonable times by property owners, and [4&5, add: copies of] rules and by-laws separate from these protective covenants will be provided [to] each purchaser prior to purchase of his tract. EROA will not create unreasonable burden, requirements or costs upon property owners in the Elkhorn Ranches [4&5: subdivision]. Examples of EROA responsibilities [4&5, add: for purposes of illustration but not in limitation of EROA rights and duties include the following][2&3, are]: the regulation and enforcement of the terms and conditions of the water augmentation plan and court decree concerning the water rights perfected [4&5: obtained] by the subdivider to provide well permits for the subdivision; payment of taxes on community areas; maintenance of community areas and community area equipment such as picnic tables; maintenance of lakes and dams; stocking of lakes with fish; establishment and enforcement of fishing rules and regulations; maintenance of common drinking water sources; enforcement of protective covenants; surveillance over property to prevent theft or vandalism; repainting or replacing of signs; surveillance over adjacent development and new county or state laws in order to maintain property owners' rights and uphold values.
Subdivider may retain control of and responsibility for above functions until seventy-five percent (75%) of all tracts are sold, at which time full responsibility must be vested in the EROA , excepting that subdivider also may progressively relinquish control to the EROA as indicated by circumstances and in its sole discretion. [4&5: the sole discretion of the subdivider].
17. ARCHITECTURAL CONTROL COMMITTEE: The Elkhorn Ranch Owners Association will have a specific committee designated by it [4&5: the Board of Directors] as an architectural control committee. Each person wishing to erect a structure on his property shall submit his plans and specifications to the architectural control committee for approval before commencing construction.
18. BUILDING PERMITS: Park County requires a building permit before a property owner can construct on his property. Building permits may be obtained from the Park County Building Inspector in Fairplay, Colorado.
19. TERMS OF COVENANTS: Each of the covenants, restrictions, and reservations set forth herein shall continue to be binding for a period ten (10) years from the date of the recording hereof in the office of the Clerk and Recorder of Park County, Colorado, and shall automatically be continued thereafter for successive periods of ten (10) years each; provided, however, that the owners of sixty-five percent (65%) of the tracts which are subject to these covenants may change or modify [4&5, add: any] one or more of said restrictions, except those which deal with the use of water which are controlled by court decree, by executing and acknowledging an appropriate agreement or agreements in writing for such purposes and recording the same in the office of the County Clerk and Recorder of Park County, Colorado.
20. ENFORCEMENT: Enforcement shall be proceedings in law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
21. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
22. SUBDIVIDER MAY ASSIGN: The Elkhorn Ranch Company may assign any and all of its right, powers, obligations and privileges under this instrument to any other corporation, association or person.
IN WITNESS WHEREOF, The said subdivider has hereunto set its hand and seal on this [2&3: 7th day of July, 1975.] [4&5: 31st day of August, 1976.]
THE ELKHORN RANCH COMPANY