Covenants

Oak Hills

DECLARATION of COVENANTS, CONDITIONS and RESTRICTIONS*

This Declaration is made on the date hereinafter set forth by Eaton Land & Cattle Company II, a general partnership, hereinafter referred to as ‘Declarant’:

WITNESSETH:

WHEREAS, Declarant is the owner of certain real property situated in the County of Douglas, State of Colorado which is more particularly described on Exhibit A attached and by this reference made a part hereof:

NOW THEREFORE the Declarant hereby declares that all of the property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of causing all land situated in Oak Hills to be developed and maintained as a highly desirable rural residential area and for the further purpose of protecting and preserving the natural environment of the area including the small animal wildlife which presently inhabits the area and in general providing pleasant surroundings for those persons who choose to make their home in Oak Hills.

ARTICLE I

DEFINITIONS

1. ‘Association’ shall mean and refer to the Oak Hills Owners Association Inc., (a Colorado non-profit corporation), its successors and assigns organized exclusively for the promotion of social and recreational welfare of its members and for enforcement of these restrictive covenants.

2. ‘Owner’ shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any tract which is a part of the property above described, including contract sellers, but excluding those having such interest in any tract merely as security for the performance of an obligation.

3. ‘Member’ shall mean and refer to every person or entity who holds a membership in the Association.

4. ‘Properties’ shall mean and refer to that certain real property herein before described and such additions thereto as my hereafter be brought within the jurisdiction of the Association.

5. ‘Common Area’ shall mean all real property (including any improvements thereto) owned by the Association for the common use and enjoyment of the Owners.

6. ‘Tract’ Shall mean and refer to any plot of land designated by number on the recorded plat of the subdivision. All such land shall be used for residential purposes only and no business or commercial enterprise shall be permitted within the subdivision.

7. ‘Subdivision’ shall mean all of the land shown on the recorded plat of Oak Hill, a subdivision authorized and approved by appropriate officials of the County of Douglas in the State Colorado.

ARTICLE II

OAK HILLS OWNERS ASSOCIATION

1. Membership. Every owner of a tract shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any tract within the subdivision. Ownership of the tract shall be the sole qualification for membership in the Association.

2. Classes of Membership. The Association shall have two classes of voting membership:

a. Class A. Class A members shall be all of the owners with the exception of the Declarant. Each Class A member shall be entitled to one vote for each tract owned. When one or more persons or entities holds an interest in any tract, all such persons or entities shall be members; provided, however, that the vote for such tract shall be exercised as they among themselves shall determine, but in no event shall more than one vote be casted with respect to any tract.

b. Class B. Class B member(s) shall be the Declarant and shall be entitled to three votes for each tract owned. The Class B membership shall cease and be converted to a Class A membership on the happening of either of the following events whichever first occurs:

i. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
ii. On January 1, 1983.

3. Responsibilities of membership. The Association by and through its Environmental Committee and/or its Board of Managers shall be responsible for maintaining the subdivision as a highly desirable rural residential area. Further, by assessments hereinafter set forth to each owner, the Association shall maintain and pay the cost of upkeep on dedicated roadways, if necessary, until the officials of Douglas County assume responsibility for maintaining said roadways.

4. Declarant’s Responsibility for Roadways. It is specifically represented and covenanted by the Declarant of Oak Hills that it shall maintain and pay the cost of upkeep on all dedicated roadways within the subdivision until _____________, 19___, all at no cost to any other owner of any tract within the subdivision.

5. Environmental Control Committee. There shall be appointed by the Board of Managers of the Association an Environmental Control Committee (hereinafter referred to as the ‘Committee’) consisting of not less than three persons who shall be owners of tracts within the subdivision. Members of the Committee may also be member of the Board of Managers of the Association. The Committee shall have and exercise all the powers and responsibilities contained in these covenants for the enforcement of the provisions hereof.

6. Approval of Plans by Environmental Control Committee. No improvements including without limitation dwelling houses, barns, swimming pools, flag poles, fuel tanks, reception antennas, fences, walls garages, driveways, parking areas, walkways and all other related construction shall be constructed or altered nor shall natural vegetation be damaged nor shall landscape development be performed unless completed detailed plans and specifications for all such construction or alterations shall have been approved in writing by the Committee prior to the commencement of work. The said Committee in reviewing such plans shall review the site plan for each tract prior to commencement of the construction of a dwelling thereon and shall in its review include a review of the position of the dwelling upon the tract. If the committee fails to approve or disapprove said plans in writing within thirty days after said plans and specifications have been submitted to it, then said plans shall be deemed to have been approved. In the event that the Committee shall disapprove said plans, the person or entity submitting said plans may appeal such decision to the Association where a two-thirds majority of the votes entitled to be cast at such meeting shall be required to overrule the decision of the Committee.

7. Variances. Where in the opinion of the Committee circumstances dictate, the Committee may allow reasonable variances from the covenants contained herein upon such terms and conditions as it may impose; provided, however, that no such variance shall be granted until at least thirty days after the committee shall have mailed a notice of such proposed variance to each member of the Association at that member’s address as it appears upon the records of the Association. In the event that owners possessing and controlling 10% of the votes of the Association shall notify the Committee in writing of their objections to such proposed variance within said thirty day period, the variance shall not be granted until such time as it shall have been approved by a two-thirds majority of owners entitled to vote in a vote held at a meeting of the Association.

8. Record of Proceeding. The Committee shall maintain complete records of its official acts and proceedings pursuant to these covenants. Said records shall be maintained for at least five years prior to being destroyed or discarded.

ARTICLE III

ASSESSMENTS

1. Creation of the Lien and Personal Obligations for Assessments. The Declarant, for each tract within the subdivision, hereby covenants and each owner of any tract by acceptance of a deed therefore, whether or not it shall be deemed to covenant and agree to pay to the Association any and all assessments or charges determined by such Association. Any assessment, together with interest thereon and costs of collection thereof as herein provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest thereon and the cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person or entity who was the record owner of such property as the time when such assessment fell due.

2. Purpose of Assessments. The assessments, if any, levied by the Association shall be used for the purpose of promoting the health, safety, and welfare of the residents of the properties and in particular for the improvement and maintenance of the roadways and any common areas within the subdivision. The determination as to what expenditures are necessary for the health, safety, and welfare of the residents of the properties shall be left to the sole discretion of the Board of Manages of the Association. However, without limiting the other expenses which the Board may in its discretion determine to be include for such purposes, the Board of Managers is expressly authorized to make assessments to pay for maintenance and repair the roadways within the subdivision and for the cost of enforcement of any and all provisions of this Declaration, said costs to include expenditures for attorney’s fees if any incurred in enforcement of these covenants.

3. Period of Assessment. The board may in its discretion establish a regular periodic scheme of making assessments against the properties in the subdivision on a monthly or quarterly basis. The board may also make special assessments from time to time as such assessments shall become necessary. All assessments shall be fixed at a uniform rate for all tracts within the subdivision. Upon declaring an assessment the Board of Managers shall mail a written notice of such assessment to all owners at their addresses as they appear upon the records of the Association. Such notice shall state the due date of the Assessment which shall be not less than 15 days subsequent to the mailing of such notice. From and after such due date, assessments shall bear interest at the rate of 10% annum.

4. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment, which is not paid when due shall be delinquent. The Association may bring an action at law against the owner personally obligated to pay the delinquent assessment. In addition to any such action or as an alternative thereto the Association may, but shall not be required to, file with the Clerk and Recorder of the County of Douglas, State of Colorado, a statement of lien with respect to the property setting forth the name of owner, the tract designation, the name of the association, and the amount of delinquent assessments then owing. Said statement shall be duly signed and acknowledged by one of the Board of Managers of the Association and shall be served upon the owner of the tract and any first mortgagee of record by certified mail to the address of said owner and mortgagee as shown upon the records of the Association. At any time subsequent to thirty days following the mailing of such notice, the Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Colorado, or in any other manner as provided by law. In either a personal or foreclosure action the Association shall be entitled to recover, as part of the action, interest, its costs, and a reasonable attorney’s fee with respect to the foreclosure or the action at law. No owner may waive or otherwise escape liability for the assessments provided herein by non-use or abandonment of his tract.

5. Subordination of the Lien to Mortgages. The lien of the assessment provided for herein shall be subordinated to the lien of any first mortgage. Sale or transfer of any tract shall not affect the assessment of the lien; however, the sale or transfer of any lot pursuant to first mortgage foreclosure or any proceeding or conveyance in lieu thereof shall extinguish the lien of such assessments as to the payments which became due prior to such sale or transfer, but shall not relieve any former owner of personal liability therefore. No sale or transfer shall relieve such tract from liability for any assessments thereafter becoming due or from the lien thereof. The lien for assessments shall be prior in right to all other liens against each such tract except for that of general property taxes to any taxing authority and except for the lien of any first deed of trust or mortgage as set forth in this paragraph.

6. Assessment Certificate: The Association shall upon the request of any owner, mortgagee, or contract purchaser issue its certificate issued by an officer or agent of the Association certifying whether or not any assessment with respect to any tract is presently due and unpaid. Such certificate shall set forth the total amount owing as of the date of the certificate. The Association shall be entitled to collect a reasonable fee for the issuance of any such certificate. Such certificate shall be conclusive evidence in favor of any third person relying thereon in good faith.

7. Registration of Addresses. For the purposes of notices of assessment under this Article and for purposes of all other notices which are required under this Declaration, each owner and each first mortgagee shall inform the Association in writing of its address. Mailing of any and all notices required under this Declaration to such address shall be and constitute effective notice of the matters set forth in any notice so mailed.

ARTICLE IV

EASEMENTS

1. Utility Easements. Each owner shall have an easement across, over, along and under the areas designated on the recorded plat of the subdivision as utility easements for the purpose of construction, maintenance, operation, replacement, enlargement and repair of electrical, telephone, water, irrigation, storm, drainage, sewer, gas and similar lines, pipes, wires, ditches or conduits.

2. Pedestrian and Bridal Paths. Each owner shall have and enjoy an easement over, across, along and upon the areas designation upon the recorded plat of the subdivision as pedestrian and bridal trails for the purpose construction, maintenance, and repair of such trails and for the use of such trials.

ARTICLE V

RESTRICTIONS ON USE OF ALL TRACTS

1. Compliance with all laws. No lands within this subdivision shall be occupied for any purpose or used in any manner which violates any law ordinance, statute, or zoning regulation of the County of Douglas and/or the State of Colorado.

2. Single Family Dwelling. All dwellings within the subdivision shall be single-family dwellings. In this connection ‘single family’ means one mane and/or female head of a household and his or her blood relatives or legally adopted dependents. Use of a dwelling by multiple families is strictly prohibited.

3. Unnatural Drainage. Under no circumstances shall any owner of tract be permitted to deliberately alter the topographic conditions of said tract in any way which would permit unusual additional quantities of water from any source to flow from said tract unto any other property or public right-of-way other than what would have ordinarily so flowed had the tract been left in its original, unaltered state prior to development of the subdivision.

4. Signs. One ‘For Rent’ or ‘For Sale’ sign shall be permitted on each tract when needed but no such signs shall be larger than 20 inches by 26 inches in size. One entrance or gate sign of style and size to be approved by the Environmental Control Committee shall be permitted on any lands within the subdivision.

5. Density. No numbered tracts as shown on the recorded plat of the subdivision shall be resubdivided or reduced to smaller lots or tracts it being the expressed intention of the Declarant that the subdivision become and remain a low density rural residential area.

6. Trash and Waste Removal. All rubbish, trash, garbage and/or waste of every nature and kind shall be kept and disposed of in a sanitary manner. No lands within the subdivision shall be used or maintained as dumping ground for rubbish, trash, garbage and/or waste materials. All containers for rubbish, trash, garbage or other waste of every nature and kind shall be kept and disposed in a sanitary manner. No rubbish, trash, garbage or other waste shall be exposed to view from public roadways or adjacent properties. No burning of wastes of any kind shall be permitted within the subdivision.

7. Protection of Animals. No hunting of any species of animal life by any means whatsoever shall be permitted. No poisoning of animal life shall be permitted. No discharge of firearms or fireworks shall be permitted. No conduct on the part of any person whatsoever shall be permitted which is designed to or does in fact frighten animal life. It is the expressed intention of the Declarant that all owners of land within the subdivision and their quests, invitees, and licensees shall at all times act to protect the animal life, both wild and domestic, which inhabits the area from harassment or harm.

8. Fires. No open burning of any kind shall be permitted without the written permission of the Committee other than in fireplaces or barbecues which are equipped with spark arresting screens.

9. Family Gardens and Lawns. A family garden and/or lawn area not to exceed 15,000 square feet in size shall be permitted on each tract. No DDT or other chemical pesticides harmful to animals or humans or any other contaminates to the environment shall be permitted within the subdivision.

10. Domestic Animals. No animals shall be kept, bred, raised or maintained within the subdivision for commercial purposes without the expressed written approval of the Committee. Domesticated animals may be kept and maintained so long as the presence of said animals does not create a condition or nuisance to others and so long as it does not damage the ecology of the subdivision. All dogs must be under control by an owner of a tract at all times. Horses are particularly encouraged within the subdivision. However, the tracts within the subdivision are not of sufficient size to provide the minimum nutrients of a horse’s diet. Therefore, all horses must be fed supplementally. No horse shall be permitted to overgraze the available pasture area on any tract which overgrazing would harm the ecology of the area and disrupt the balance of nature and the environment. All hay, geed, grain and other animal food used for supplemental feeding shall be stored in an enclosed building or shall be stored directly adjacent to a barn or stable.

11. Motorized Vehicles. No motorized vehicle of any kind shall be permitted in any common area nor in any area established as a pedestrian or bridal trail. No aircraft or helicopters shall be permitted within the subdivision.

12. Landscape. No rock, gravel, clay or other minerals or substances shall be excavated or removed from any property for commercial purposes.

13. Temporary Structures. No temporary structure, mobile home, camper, trailer, bus or other similar vehicle shall be occupied or used as residence or for housing purposes within the subdivision.

14. Commercial Vehicles. No commercial type vehicle or truck shall be stored or parked on any tract except in an enclosed garage. No such vehicle shall be parked on any road or access right-of-way except when engaged in transportation to or from a residential dwelling on a tract within the subdivision. For the purpose of this paragraph, a ‘¾’ ton or smaller vehicle commonly know as a pickup truck and which is not used for commercial purposes shall not be deemed to be a commercial truck or vehicle.

ARTICLE VI

BUILDING RESTRICTIONS ON ALL TRACTS

1. Structures Permitted. No building or structure shall be placed, erected, altered or permitted to remain on any tract other than those as follows:

a. One single family dwelling; and
b. One attached or detached garage; and
c. One barn or stable not to exceed 900 square feet in floor space; and
d. Necessary service buildings; and
e. Necessary or cosmetic fencing.

2. Set Backs. No structure or improvement other than fencing shall be permitted nearer than 75 feet to any tract boundary line.

3. Fencing. All perimeter and other fencing shall be of new construction. Fencing including corrals, paddocks, yards, and related enclosures may be of wood or stone. If made of wood, posts must be cresoted, painted or peeled lumber. Dimension lumber must be painted, peeled or stained. Electric fences are permitted only with the written permission of the Committee. In no event shall a fence be permitted in areas designated on the recorded plat of the subdivision as pedestrian and/or bridal trail easements.

4. Order and Progress of Construction. The first improvement to be constructed upon each tract shall be the dwelling house thereon. Construction of the dwelling house and garage shall be completed within 9 month from the start of construction unless construction is delayed unavoidably due to acts of God, Labor strikes or other calamity. No dwelling shall be occupied prior to the completion of all construction thereon and issuance of a certificate of occupancy therefore by the County of Douglas.

5. Size of Dwelling. The ground floor of each dwelling exclusive of porches and garages, shall not be less than 1800 square feet for a one story dwelling nor less than 1200 square feet for a multi-level dwelling. A dwelling consisting of one and half stories or more including split-level dwellings shall contain a floor area exclusive of basement, which shall not be less than 1800 square feet.

6. Building Height. The maximum height of any building within the subdivision shall be thirty feet. Building height shall be defined as the vertical distance from the average finish grade level of the structure directly above ground level. This maximum building height may be waived by the Committee when in their opinion any proposed structure relates to sound architectural planning and land use and when such structure conforms to the overall design and pattern of the development of the subdivision.

7. Clothes line and Exterior Tanks. No clothes lines, swimming pool, filter tanks, fuel tanks of any kind, or similar protuberances above ground level shall be permitted unless screened from view of roadways and adjacent properties. All methods of screening said improvements must first be approved in writing by the Committee.

8. Lighting. All exterior lighting including methods of lamination and type and design of light poles or standard shall first be approved in writing by the Committee.

9. Off street Parking. Each dwelling shall be constructed so as to include either attached to or detached from the dwelling a garage of sufficient size to enclose at least two standard size automobiles plus adequate off street parking for other motorized vehicles and/or nonmotorized trailers possessed by the owner of any tract. No parking shall be permitted in the dedicated road rights-of-way or common areas.

10. Foundation Facing. No foundation of cinder block or concrete shall be exposed to view. Facing may be of wood, brick, or stone. No metal facing or other similar manufactured facing material shall be permitted unless first approved in writing by the Environmental Control Committee.

11. New Construction. Only new construction shall be permitted within the subdivision. No used buildings or used materials on buildings shall be permitted within the subdivision.

12. Mental Structures. No metal structures other than fencing material shall be permitted unless first approved in writing by the Committee.

13. Water, Sewer and Garbage Disposal System. Individual wells upon each tract must be drilled to a depth of at least 400 feet. Each such well must be cased and cemented to a dept of at least 200 feet below surface to prevent tributary water from entering the well. In order to insure the 100 year life of the individual wells no owner may use the water from any such well to irrigate more than 15,000 square feet of lawn and garden area. All septic system must be individually engineered. Each dwelling or structure containing a kitchen shall be equipped with a garbage disposal unit.

ARTICLES VII

GENERAL PROVISIONS

1. Enforcement. The Association, the Environmental Control Committee or any owner shall have the right to enforce by any proceeding at low or equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, Environmental Control Committee or by any owner to enforce any covenant or restrictions herein contained shall in no event be deemed to be a waiver of the right to do so thereafter. In the event any construction, alternation, or site landscape work is commenced upon any portion of the subdivision in violation of these covenants and no action is commenced one year after said commencement to restrain such violation then injunctive or equitable relief shall be denied. However, an action for damages shall still be available to any party aggrieved. This one-year limitation of action shall not apply to an injunctive or equitable relief against violation against these covenants not concerning construction, alternation or site landscape work.

2. Amendment. The conditions, restrictions, stipulations agreements and covenants contained herein shall not be waived, abandoned, terminated, or amended except by written consent of 75% of the property owners of the tracts within the subdivision. Any such action shall require approval of 100% of the first mortgagee of record.

3. The Effect and Duration of Covenants. The covenants and restrictions of the Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association and/or the owner of any tract subject to the Declaration their heirs, successors, and assigns for a term of 20 years from the date this Declaration is recorded after which time said covenants shall be automatically extended for successive period of 10 years unless amended as provided above.

IN WITHNESS WHEREOF the undersigned being the record owners of all private lands within the subdivision have hereunto set their hands and seals this 25th day of August 1978.

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AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR OAK HILLS
DC9322750

This Amendment (‘Amendment’) to the Declaration of Covenants, Conditions and Restrictions for Oak Hills is made by Oak Hills Owners Association, Inc., a Colorado non-profit corporation the ‘Association’).

Recitals

Oak Hills Subdivision was established by the recordation in the records of the Douglas County, Colorado Recorder, of a Declaration of Covenants, Conditions and restrictions for Oak Hills on September 1, 1978 in Book 340, at Page 726, as Reception No. 222846, and a Declaration of Covenants, Conditions and Restrictions for Oak Hills recorded July 23, 1979 in Book 366, at Page 141, as Reception No. 233347 (collectively the ‘Declaration’). The legal description of Oak Hills Subdivision is attached hereto and incorporation by this reference as Exhibit A. The Owners have voted to amend the Declaration in order to add a new Section 14 to Article VI, requiring the removal of all construction and related material from Tracts located within the Subdivision, except when there is active construction on a Tract. Terms which are defined in the Declaration shall have the same meaning herein, unless otherwise defined.

Now, therefore, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Declaration is amended as hereinafter provided.

1. The Recitals are incorporated as a substantive part of this Amendment.

2. Article VI of the Declaration is amended by adding thereto a new section 14 as follows:

14. Removal of Construction Materials. Except during periods of active construction, no construction materials of any nature whatsoever shall be maintained upon a tract unless such materials are located and stored inside of a dwelling, garage, barn or stable, or otherwise blocked from view of the Owners and occupants of all Tracts and the users of the streets within the Subdivision in a manner approved by the Environmental Control Committee. For the purposes of this Section, ‘active construction’ shall mean the period of time beginning with the date that construction materials are first located on a Tract for the purpose of constructing a building or other structure permitted pursuant to Article VI, Section 1, after approval of such construction by the Environmental Control Committee, and concluding on a date thirty days after completion of such building or structure; subject, however, to all of the requirements of the Oak Hills Guidelines established by the Environmental Control Committee of the Association. Furthermore, for the purposes of this Section, completion of construction of a dwelling shall be deemed to occur upon the issuances of a certificate of occupancy therefore.

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