Section 1. Residential Use. No lot or lots embraced in the properties shall be used for other than single family residence purposes, the same to house one (I) family consisting of one (I) couple and their lineal descendants. There shall not exist on any lot as shown on the plat recorded at the Arapahoe County Clerk and Recorder’s Office at any time more than one residences. All buildings or structures erected upon said property shall be of new construction. No garage, carport or porch shall be constructed except as an integral part of the residence it is intended to serve. Any garage or carport shall not hold more than three cars.
Section 2. Building Standards. All structures shall conform with the current edition of the Uniform Building Code published by the International Conference of Building Officials as a guide for sound construction, furthermore, all buildings shall conform to current editions of the National Electric and National Plumbing Codes.
Section 3. Building Height. The designated maximum building height shall be considered as the vertical distance from the average finished ground level of the building site to the highest point of the structure directly above said ground level. The designated maximum building height requirements may be waived by the Committee when in their opinion, such structures relate to sound architectural planning and land use, and conform to the overall design and pattern of the development.
Section 4. Dwelling Cost, Quality and Size. No dwelling shall be permitted on any lot at a cost of less than $25,000.00 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of this covenant to assure that all dwellings shall be of a quality of workmanship and material substantially 'the same or better than that which can be produced on 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 be not less than 800 square feet for a one-story dwelling, nor less than 500 square feet for a dwelling of more than one-story.
Section 5. Lot Area and Width. No dwelling shall be erected or placed on any lot having a width of less than 50 feet at the building setback line.
Section 6. Time for Construction. At the time plans and specifications receive approval from the Committee, the prospective builder shall proceed diligently with construction of said building, and the same shall be ready for occupancy within a maximum period of one (1) year, time from the date of commencement; excepting, however, that this period may be extended by written instrument as may be deemed reasonable by the Committee if said extension is made necessary by reason of inclement weather, inability to obtain materials, strikes, act of God, etc.
Section 7. Occupancy of Structure. No structure shall be occupied or used for the purpose for which it was designed or built until the same shall be approved and/or inspected by the County Building Inspector or such other official designated by Arapahoe County. No structure erected upon any lot shall be occupied in any manner while in the course of construction nor at any time prior to its being fully completed, as herein required.
Section 8. Building Exterior. The exterior portions of all buildings shall have manufactured finished surface materials, natural stone, or shall be painted or stained upon completion so that all exposed surfaces shall have a finished appearance.
Section 9. Air Conditioning Units Television or Communication Antennas. No air conditioning unit, evaporative cooler, radio, television antennae or other object shall be placed upon the roof or fireplace chimney of any residence or building except or unless such air conditioning unit, or object, is architecturally concealed from view and plans for concealment have been submitted to and approved by the Committee.
Section 10. Parking and Storage. At least one off-street parking space shall be required for each residence. No vehicle, whether operational or not, shall remain parked in the front of any residence for more than three (3) calendar days. Vehicles to be parked for more than three (3) days or to be stored for indefinite periods of time will be concealed within an enclosed garage or in the rear of the residence which is concealed from view by a six foot high privacy fence surrounding the rear yard area. For purposes of this section, a vehicle is defined as an automobile, truck, tractor, trailer, camper, boat, motorcycle, or any other motorized vehicle.
Section 11. Clearing of Trees and Grading. All the tress cleared will be disposed of in such a way that all lots, whether vacant or occupied by a residence, shall be kept free of accumulations of brush, trash or other materials which say constitute a fire hazard or render a lot unsightly, provided, however, that this shall not operate or restrict grantees from storing fireplace wood in neat stacks on their lots.
Under no circumstances shall the Owner of any lot or parcel of land disturb the nature soil or grasses unless the Owner immediately thereafter constructs upon, paves, gravels, or replants such area with ground cover approved by the Committee. The ground may be cultivated for gardening, provided, however, that no garden is maintained for commercial purposes.
A grading plan shall be presented to the Committee for their approval prior to commencing construction of any residence unit on any lot and no additional grading on any lot shall be permitted without prior approval by the Committee.
Section 12. UNNATURAL DRAINAGE. UNDER N0 CIRCUMSTANCES SHALL THE DRAINAGE CHARICTERISTICS OF ANY LOT(S) AS ESTABLISHED BY DECLARANT BE ALTERED BY ANY PROPERTY OWNER (S) DURING THE COURSE OF LANDSCAPING OR SUBSEQUENT CONSTRUCTION WITHIN THE SITE(S). DRAINAGE SWALES AND CHANNELS ESTABLISHED BY DECLARANT SHALL NOT BE ALTERED, OBLITERATED, OR BLOCKED BY A PROPERTY OWNER(S). THE ELEVATION OF A LOT SHALL NOT BE CHANGED SO AS TO MATERIALLY AFFECT THE SURFACE ELEVATION OR GRADE OF THE ADJACENT LOTS.
Section 13. Temporary Residences. No structure of temporary character, no trailer, converted trailer, mobile home, basement, tent or accessory building, shall be used on any lot as a residence, temporarily or permanently, and no used structure of any sort shall be moved onto any lot, except that the Committee may approve the use of trailers or mobile homes, for a designated length of time, not to exceed six (6) months, to be used solely for a temporary residence or construction headquarter during the construction of the permanent residence. The approval in the above case by the Committee is expressly subject to the approval and issuance of a permit in each case by the County of Arapahoe.
Section 14. Sight Distance at Intersections. On corner lots, no planting of shrubs, trees or flowers or the erection of any fence or structure over 30 inches above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection or the street lines, or in the case of rounded property corner from the intersection of the street property lines extended.
Section 15. Nuisance. Nothing shall be done or permitted on the properties which may be or become an annoyance or nuisance to the subdivision development. No noxious or offensive activities or commercial business or trade shall be carried on or upon any lot. No lot shall be used in whole or in part for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material emit foul or obnoxious odors, or that which will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property.
Section 16. Garbage and Refuse Disposal. No lot, out-lot, or vacant parcel shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except 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.
Section 17. Walls. No boundary wall or fence shall be constructed with a height of more than six (6) feet and no boundary line hedge or shrubbery shall be permitted with a height of more than six (6) feet. No wall or fence of any height shall be constructed on any lot until after the height, type, design and approximate location therefore shall have been approved in writing by the Committee. The heights or elevations of any wall or fence shall be measured from the existing elevations of the property at or along the applicable points or lines. Any questions as to such heights may be completely determined by the Committee. A building permit will be required from the City or County also.
Section 18. Tanks, Etc. No elevated tanks of any kind shall be erected, placed or permitted on any part of such premises, provided, that nothing herein shall prevent the permitting of the placing of tanks and other water system apparatus on the properties. Any tanks for use in connection with any residence
Section 19. Signs. No sign of any character shall be displayed or placed upon any of the lots in the properties except one professional sign of not more than three square feet in area per side advertising the property for sale, house numbers, occupant's name or signs used by a builder to advertise the property during any construction and sales period. All signs are subject to the approval of the Committee.
Section 20. Subdivision of Lots. None of the lots shall at any time shall be divided, subdivided, or re-subdivided unless said division, subdivision or re-subdivision is permitted under the regulations, codes and ordinances of the County of Arapahoe, State of Colorado. In the event of said division, all property thereunder shall be subject to all other provisions hereof.
Section 21. Mining. No derrick or other structure designed for the use in boring for oil or natural gas shall be erected, placed or permitted upon any part of such premises, nor shall any oil, natural gas, petroleum, asphalt, or hydrocarbon, products or minerals of any kind be produced or extracted therefrom.
Section 22. Construction. Declarant, during the construction period, shall have the right to ingress and egress over the properties owned by Declarant, and the right to store materials thereon and to make such other use thereof as in discretion may be necessary to complete any construction thereon. The exercise of the rights secured to the Declarant herein shall not unreasonably interfere with the rights of access to occupation, use and enjoyment by any Owner of his residence, parking area or his access to a public way from his premises.
Section 23. Setbacks. No building shall be located on any building site nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat and as provided by law. In any event, no building shall be located on any building site nearer than that which is permitted by law; or fifteen (15) feet to the front lot line, or nearer than that which is permitted by applicable law of ten (10) feet to any side street line. No dwelling shall be located on any interior site nearer than that which is permitted by applicable law of fifteen (15) feet to the rear lot line. For purposes of this covenant, eaves, steps and open porches shall not be considered as a part of the building, provided, however, that this shall not be constructed to permit any portion of the building site to encroach upon another building site as platted in the subdivision.