Parkwest/The Ridge

Protective Covenants

PART A - PREAMBLE

WHEREAS, The undersigned are the sole owners in fee simple of THE RIDGE Subdivision;

AND WHEREAS, the owners are about to sell, convey, and dispose of a portion of the property above-described and desire to subject said property to certain protective covenants, conditions, restrictions and charges, all of which are hereinafter set forth, to the end that harmonious and attractive development of the property may be accomplished, and that the health, comfort, safety, convenience may be promoted and safeguarded.

NOW, THEREFORE, the following Protective Covenants are adopted to regulate and control the use of the following described land, to-wit:

Lots 1 through 52 inclusive, Block 1;
Lots 1 through 25 inclusive, Block 2;
Lots 1 through 32 inclusive, Block 3;
Lots 1 through 12 inclusive, Block 4;
Lots 1 through 41 inclusive, Block 5;
THE RIDGE Subdivision, City of Lakewood, County of Jefferson, State of Colorado.

PART B ?– RESIDENTIAL COVENANTS

B-1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential or church purposes. No building shall be erected, altered, placed, or permitted to remain on any log other than on detached, single-family dwelling not to exceed two and one-half (2 ½) stories in height and a private garage for not more than four (4) cars.

B-2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design and with existing structures and as to location with respect to topography and finished grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum building setback line, as defined in paragraph B-4 below, unless similarly approved.

B-3. DWELLING COST, QUALITY AND SIZE. No dwelling costing less than $30,000.00 to build shall be permitted on any lot based upon cost levels prevailing in this area on the date these covenants are recorded, it being the intention and purpose of the covenantor to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall no be less than 850 square feet for a one-story dwelling, no less than 700 square feet for a dwelling of more than one story.

B-4. BUILDING LOCATION.
(a) No building shall be located on any lot nearer to the front lot line or nearer to the side street lines than minimum setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 20 feet to the front lot line, except those lots that front exclusively on the bulb of a cul-de-sac, where no building shall be located nearer than 10 feet to the front lot line.
(b) No building shall be located nearer than 20 feet to any side street line. No building shall be located nearer than 5 feet to any interior log line. No dwelling shall be located on any interior lot nearer than 20 feet to the rear lot line.
(c) For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that his shall not be construed to permit any portion of a building on a lot to encroach upon another lot.

B-5. LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 60 feet at the minimum setback line, nor shall any dwelling be erected or placed on any lot having an area of less than 7,500 square feet.

B-6. EASEMENTS. Easements for the installing and maintenance of utilities and drainage facilities are dedicated to the County of Jefferson over the rear of each lot as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction and flow or drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

B-7. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No free-standing radio or T.V. tower or accessory structure shall be constructed on any lot. Where antennas, radio or T.V. are installed on the roof of a dwelling, said antenna shall not exceed 5 feet in height or 8 feet in diameter. No outside storage or inoperative vehicles or machinery of any type will be permitted. No recreational vehicles, accessories or equipment shall be stored on any lot nearer to the street than the front building line and such storage behind the front building line shall be completely screened from view by a solid fence which shall not exceed 6 feet in height.

B-8. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot, at any time, as a residence, either temporarily or permanently. Neither shall any building or structure be moved onto any lot, except temporarily by the developer or builder for purposes of building and selling property during the development and sales period.

B-9. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

B-10. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained for any commercial reason.

B-11. ANIMALS, LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised, bred or kept on any log, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes.

B-12. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, compost or other waste shall not be kept except in covered sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

B-13. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight-lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by street property lines and the line connecting them to a point 25 feet from the intersection of the street lines, or, in the case of rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of the driveway or alley. No tree shall be permitted to remain within such distances or such intersections unless the foliage line is maintained at such height as will avoid obstruction of such sight-lines.

B-14. STEET LIGHTING. All lots are subject to and bound by public utility tariffs which are not an may in the future be fixed by the Public Utilities Commission of the State of Colorado relating to street lighting in the subdivision, together with rates, rules and regulations therein provided and subject to all future amendments and changes thereto. The owner or owners shall pay as billed a portion of the cost of public street lighting in the subdivision according to rates, rules and regulations, including future amendments and changes on file with the Public Utilities Commission of the State of Colorado.

PART C ?– ARCHITECTURAL CONTROL COMMITTEE

C-1. MEMBERSHIP. The Architectural Control Committee is composed of Paul S. Walden, John N. Walden and Thomas T. Grimshaw, 1978 South Garrison Street, Lakewood, Colorado. In the event of death or resignation of any of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor such representatives as it may designate, shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then recorded owners of a majority of the lots shall have the power through duly recorded written instrument to change the membership of the Committee or to withdraw from or restore to the Committee any of its power and duties.

C-2. PROCEDURE. The Committee’s approval or disapproval, as required in these covenants, shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.

PART D – GENERAL PROVISIONS

D-1. TERM. These covenants are to run with the land and shall be binding on and shall endure to the benefit of, all parties to, and all person claiming by, through or under them for a period of 30 years from the date these covenants are recorded, after which time, said covenants shall be automatically extended for successive periods of 10 years unless an instrument has been signed by a simple majority for the then record owners of the lots and recorded, agreeing to change said covenants in whole or in part. Verified statements in such and instrument regarding ownership shall constitute prima facie evidence of the truth of such statement for the purpose.

D-2. ENFORCEMENT. Enforcement shall be by proceeding 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.

D-3. SERVABILITY. 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.

PAUL S. WARDEN


ATTEST:

The foregoing instrument was acknowledged before me this 1st day of Sept. 1976, by Paul S. Walden.

Witness my and hand and official seal.

LONNIE JO MOHR
Notary Public

My commission expires: Jan. 26, 1977