Columbine Knolls Protective Covenants updated February 4, 2018
PART A. PREAMBLE
A. On March 16, 1964, Ridgewood Development Co. No. 2, a Limited Partnership, submitted the real property described on Exhibit A to those certain Protective Covenants for a Portion of Columbine Knolls — Filing No. 1 recorded in the real property records of Jefferson County, Colorado at Reception No. 036829 in Book 1690 at Page 380 to its covenants, conditions and restrictions (the “Filing 1 Declaration”);
B. On July 5, 1966, Ridgewood Development Co. No. 2, a Limited Partnership, submitted the real property described on Exhibit A to those certain Protective Covenants for a Portion of Columbine Knolls — Filing No. 2 recorded in the real property records of Jefferson County, Colorado at Reception No. 194218 in Book 1882 at Page 530 to its covenants, conditions and restrictions (the “Filing 2 Declaration”);
C. On November 13, 1967, Ridgewood Development Co. No. 2, a Limited Partnership, submitted the real property described on Exhibit A to those certain Protective Covenants for a Portion of Columbine Knolls — Filing No. 4 recorded in the real property records of Jefferson County, Colorado at Reception No. 259541 in Book 1980 at Page 399 to its covenants, conditions and restrictions (the “Filing 4 Declaration”);
D. On August 6, 1968, Ridgewood Development Co. No. 2, a Limited Partnership, submitted the real property described on Exhibit A to those certain Protective Covenants for a Portion of Columbine Knolls — Filing No. 5 recorded in the real property records of Jefferson County, Colorado at Reception No. 290842 in Book 2038 at Page 64 to its covenants, conditions and restrictions (the “Filing 5 Declaration”);
E. On August 13, 1969, Ridgewood Development Co. No. 2, a Limited Partnership, submitted the real property described on Exhibit A to those certain Protective Covenants for a Portion of Columbine Knolls — Filing No. 6 recorded in the real property records of Jefferson County, Colorado at Reception No. 339011 in Book 2125 at Page 57 to its covenants, conditions and restrictions (the “Filing 6 Declaration”);
F. On June 23, 1970, Ridgewood Development Co. No. 2, a Limited Partnership, submitted the real property described on Exhibit A to those certain Protective Covenants for a Portion of Columbine Knolls — Filing No. 7 recorded in the real property records of Jefferson County, Colorado at Reception No. 374678 in Book 2189 at Page 415 to its covenants, conditions and restrictions (the “Filing 7 Declaration”);
G. On May 27, 1971, Ridgewood Development Co. No. 2, a Limited Partnership, submitted the real property described on Exhibit A to those certain Protective Covenants for a Portion of Columbine Knolls — Filing No. 8 recorded in the real property records of Jefferson County, Colorado at Reception No. 422507 in Book 2263 at Page 970 to its covenants, conditions and restrictions (the “Filing 8 Declaration”);
H. On May 19, 1972, Ridgewood Development Co. No. 2, a Limited Partnership, submitted the real property described on Exhibit A to those certain Protective Covenants for a Portion of Columbine Knolls — Filing No. 9 recorded in the real property records of Jefferson County, Colorado at Reception No. 491631 in Book 2377 at Page 115 to its covenants, conditions and restrictions (the “Filing 9 Declaration”); and
I. On March 16, 1964, Ridgewood Development Co. No. 2, a Limited Partnership, submitted the real property described on Exhibit A to those certain Protective Covenants for Columbine Grove — Filing No. 1 recorded in the real property records of Jefferson County, Colorado at Reception No. 036830 in Book 1690 at Page 385 to its covenants, conditions and restrictions (the “Columbine Grove Declaration”);
(collectively, the “Original Declarations”).
J. The Owners within the Columbine Knolls Filings 1-2 and 4-9 and Columbine Grove — Filing No. 1 communities subject to the Original Declarations desire to consolidate the Original Declarations into one consolidated document by virtue of this Consolidated Protective Covenants for Columbine Knolls Filings 1-2 and 4-9 and Columbine Grove — Filing No 1(“Consolidated Declaration”), and intend, upon the recording of this Consolidated Declaration, that all prior recorded protective covenants, declarations, amendments and supplements thereto shall be superseded and replaced by this Declaration; and
K. The Original Declarations provide for and allows for this Consolidated Declaration in Paragraphs El, which provide as follows:
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty 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 signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
L. All Owners are aware of the provisions of the Original Declarations allowing for amendment, by virtue of the record notice of the Original Declarations, by acts and disclosures, newsletters or notices of the Association and by other means;
M. The amendments within this Consolidated Declaration have been prepared and
determined by the Association and by the Owners that have approved this Consolidated Declaration to be reasonable and not burdensome;
N. The purposes of this Consolidated Declaration is to combine all of the Original Declarations into one document.
0. The purpose of the Association as provided in the Original Declarations is to preserve the value and desirability of the community and the lots and to further the interests of the residents of the community and members of the Association; and
P. Pursuant to the requirements set forth in Paragraphs E-1 of the Original Declarations, at least a majority of the owners within each of Filings 1-2 and 4-9 and Columbine Grove — Filing NO. 1, separately, have approved this Consolidated Declaration.
NOW THEREFORE, the Original Declarations are replaced, superseded, and consolidated by the covenants, servitudes, easements and restrictions set forth below:
B-1. FULLY-PROTECTED RESIDENTIAL AREA. NOW, THEREFORE, said owner does hereby declare, impose, and establish conditions and protective covenants as hereinafter provided upon the real property above described.
C-1 LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half stories in height and a private garage.
C-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 with existing structures, and as to location with respect to topography and finish 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 unless similarly approved.
C-3. DWELLING SIZE. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1000 square feet for a one-story dwelling, nor less than 800 square feet for a dwelling of more than one-story.
C-4 EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five feet of each lot. 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 of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through 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.
C-5 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.
C-6 PARKING AND VEHICLES. Mobile homes may not be parked or stored on a lot, either temporarily or permanently. Recreational vehicles may not be parked or stored on a lot, either temporarily or permanently, unless such parking or storage is entirely within the garage on a lot. Recreational vehicles are defined as motor homes and any other self-contained motorized recreational vehicles; campers of any type, including but not limited to camper trailers, truck campers, or any vehicles or trailers intended to be slept in; trailers of any type intended for use on public roads, including but not limited to hauling trailers, boat trailers, and flatbed trailers; boat of any type and accessories thereto; aircraft; snowmobiles; personal watercraft; and any off-road vehicles. This definition is intended to be interpreted as broadly as possible.
C-7 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.
C-8 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 structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
C-9 PETS. Household pets such as dogs, cats and other such animals that are allowed by the Jefferson County Zoning Resolution (as may be amended from time to time), may be kept on any lot, according to the standards set forth therein, provided that they are not kept, bred or maintained for commercial purposes.
C-10 GARBAGE AND REFUSE DISPOSAL. No lot 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.
C-11 SIGHT DISTANCE AT INTERSECTIONS No fence, wall, hedge or shrub planting which obstructs sight-lines at elevations between 2 and 6 feet 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 of the street lines, or in the case of a 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 a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight-lines.
PART D. ARCHITECTURAL CONTROL COMMITTEE
D-l. MEMBERSHIP. The Architectural Control Committee shall be composed of three or more members who shall be appointed by the Board of Directors of the Columbine Knolls Homeowners Association. In the event of death or resignation of any member of the committee, the Board of Directors of the Columbine Knolls Homeowners Association shall have full authority to designate a successor. The members of the Committee shall not be entitled to any compensation for services performed pursuant to this covenant.
D-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 E. GENERAL PROVISIONS
E-1 TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time said covenants shall automatically be extended for successive periods of 10 years. Any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended, revised, removed or repealed, and new provisions, covenants, conditions, restrictions or equitable servitudes may be added, at any time upon approval of owners holding at least a majority of the total votes of properties (50% + 1) subjected to this Declaration. The owner advocating for such change must twice notify all owners entitled to vote of the proposed amendment and hold at least two meetings of the owners for discussion of the proposed amendment. The notice mandated herein must be sent no less than 15 days prior to each meeting, meetings must be at least 21 days apart, must include the name and address of the proposer and the text of the actual amendment to be voted upon and be signed by the owners sending such notice. Such meeting venue must accommodate no less than 100 persons.
In order to be counted, all ballots must be received within 90 days of the receipt of the first ballot cast. Prior to recording, all ballots must be submitted for review and counting by an attorney licensed to practice in the state of Colorado. The attorney shall issue an opinion as to the sufficiency of the vote (the “Attorney Opinion”) which shall be attached to the amendment for recording.
The amendment or repeal shall be effective upon recordation in the office of the Clerk and Recorder of Jefferson County which recording shall include (i) the Amendment; (ii) a certificate of the person recording the amendment certifying that the process set forth above has been complied with; and (iii) the Attorney Opinion evidencing that the votes received are sufficient to pass the Amendment.
E-2 ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damages.
E-3 SEVERABILITY. 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.
PART F. SUPPLEMENT TO COVENANTS
F-1. PUBLIC STREET LIGHTING. All lots are subject to and bound by Public Service Company tariffs which are now and may in the future be filed with 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 Public Service Company rates, rules and regulations, including future amendments and changes on file with the Public Utilities Commission of the State of Colorado.
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