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Primero Ranch Protective Covenants |
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AMENDMENT TO DECLARATION OF
PROTECTIVE COVENANTS FOR PRIMERO RANCH The undersigned, being the owner of real property in Las Animas County described in the Declaration of Protective Covenants for Primero Ranch recorded at Book 903, Pages 611-617 on April 26, 1994 of the records of Las Animas County, desire to modify said existing Protective Covenants of record in their entirety. The undersigned ordain to republish and redeclare the Declaration of Protective Covenants in their present form as set forth below: Primero Ranch Company, the owner of real property situated in the County of Las Animas and State of Colorado, known as Primero Ranch and legally described on Exhibit A attached hereto, in order to protect the living environment and preserve the values in Primero Ranch, Does hereby declare that the land shall be held, leased, sold and conveyed, subject to the covenants, restrictions and provisions hereinafter set forth, and that each covenant, restriction and provision shall inure to and run with the land and shall apply to and bind the successors and assigns of the present owners. The property compromising the above-mentioned land is made specifically subject to the following described covenants: INTENT: It is the intent of these covenants to protect and enhance the value, desirability and attractiveness of said property, and to prevent the construction of improper or unsuitable improvements. 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. PRIMERO RANCH ASSOCIATION: The Primero Ranch Property Owners Association will be operated as per the by-laws of the Association:
SETBACKS: No structure may be erected within one hundred feet of the right-of-way line of any road within Primero Ranch, nor within fifty feet of any side or rear line of any tract unless approved by the Primero Ranch Association Board. TRASH AND RUBBISH: Rubbish, garbage, or other waste shall be kept and disposed of in a sanitary manner. UTILITY EASEMENT: A twenty (20) foot utility easement is hereby set aside on each side of all side and common real lot lines and a forty (40) foot utility easement is hereby set aside on the interior side of all exterior lot lines. NUISANCES: No owner shall cause or allow the origination of excessive odors or sounds from his tract. No owner shall cause or allow any other nuisance of any kind whatsoever to exist on his tract. In case of a dispute, at the request of an owner, the Primero Ranch Association Board shall make the final determination of what constitutes a nuisance. ANIMALS: No use of animals for commercial activity will be allowed unless approved by the Primero Ranch Association Board. MOTOR VEHICLES: No motorized vehicle which is either non-operational or non-licensed shall be kept or stored on any tract, unless said vehicle is kept or stored in a fully enclosed building. TEMPORARY RESIDENCE: No structure of temporary character, recreational vehicle, camper unit, trailer, basement, tent or accessory building shall be used on any tract as a residence. Recreational vehicles, camper units and tents may be used for vacation camping for periods not to exceed ninety (90) consecutive days in any calendar year. MOBILE HOMES: Mobile homes shall not be permitted on any tract within Primero Ranch. LAND USE: Commercial wood harvesting and mining (including the removal of soil, oil, gas, gravel, or rock) is prohibited. Further subdivision of less than thirty-five acres is prohibited. Any subdivided tract will be covered by these Covenants and become an automatic member of the Primero Ranch Association. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant. TERM OF COVENANTS: These covenants and restrictions are to run with the land and shall remain in full force and effect for ten years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by not less tan two-thirds (2/3) majority of the land owners of the tracts has been recorded, changing said covenants in whole or part. SEVERABILITY: Invalidation of any of the covenants or any part thereof by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in fill force and effect. COUNTY REGULATIONS: To the extent that the applicable county or other governmental regulations, rules, codes, ordinances or laws are more restrictive in their allowable land utilization than these covenants, they shall supersede these covenants and govern at all times. COUNTER PARTS: This instrument may be executed in a number of counter parts any one of which may be considered an original. FEES AND ENFORCEMENT: All tracts within Primero Ranch shall be subject to assessment for Primero Ranch Association fees in an amount to be determined by the Association. Assessment may be increased only by majority vote of members of the Association. In no event shall Assessments exceed Three Hundred Dollars ($300.00) per year except that this amount may be increased by the greater of twelve per-cent (12%) per annum or the percentage increase, if any in the “Consumer Price Index-All Urban Consumers” for Denver, Colorado, between January 1 of the year in question and of the preceding year. Any increase in Association dues will also require written assurance that any such increase will not cause additional regulatory or other requirements to be imposed upon the Association, Declarant or any property owner. AMENDMENTS: These Covenants may be amended by the affirmative vote of two-thirds (2/3) of all the tract owners. The Primero Ranch Company is entitled to one vote per tract not yet sold, and will turn over control to the property owners when eighty per-cent (80%) of the tracts have been sold. As the property sells, each owner shall be entitled to one vote per tract owned. The owners of at least one-third of the tracts may call for a vote on the proposed amendment. Copies of the notice shall provide that the vote shall be held at a time and place in Las Animas County, Colorado at least thirty (30) days after the mailing of said notice. Voting may be by mail, personally or by written proxy. Assessments for fees will commence upon conveyance at the date of closing. Whenever the obligation to pay fees arises after the start of the calendar year, the first year’s fees will be prorated to the commencement date for the tract involved. Fees shall be payable in advance in January of each year. Each property owner shall be responsible for payment of all fees and any costs (including attorney fees) necessary to enforce any violation of these covenants affecting his or her tract. Failure to pay fees shall be deemed a violation of these covenants. Unpaid fees and costs shall also be a lien and may be foreclosed in the same manner as mechanics lien. Developer does not pay assessments but is responsible for contributing any necessary funds so that any obligation of the Association is met by the Developer until such time as the Developer transfers his interest in and control of the Association. |
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