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KIOWA COUNTY ECONOMIC
DEVELOPMENT FOUNDATION

KIOWA CREEK ESTATES
PROTECTIVE COVENANTS

PURPOSE OF COVENANTS

The undersigned, Kiowa County Economic Development Foundation hereafter referred to as KCEDF, as developers, do hereby adopt and establish protective covenants in respect of that certain land located in Kiowa County, Colorado, known as KIOWA CREEK ESTATES. The Foundation does hereby establish a general plan for the protection, maintenance, development and improvement of said land.

These covenants hereby fix the protective conditions upon and subject to which all lots, parcels and portions are held, leased, or sold, and/or conveyed by them as such owners, each and all of which is and are for the mutual benefit of each plot and of each owner thereof, and shall run with the land and shall inure to and pass with each lot and parcel of land, and shall apply to and bind the respective successors in interest thereof, and further are and each thereof is imposed upon said plot as a mutual equitable servitude in favor of each and every parcel of land therein as the dominant tenements, and in favor of the KCEDF.

The within covenants are established for the regulation of use of property within said development and to further and protect the safety, health, and welfare of all owners and residents of property within said development, and to protect and enhance the value of each owner’s and resident’s property located within said development. Within the stated purpose of these covenants, the provisions of these covenants are mandatory, and shall be binding upon each lot within the development, PROVIDED, HOWEVER, that it is the intent and design of the developers that each parcel of property within the site may be utilized and occupied in such manner as to provide each owner and resident with freedom of occupancy and use to the maximum extent possible to insure quality of lifestyle, consistent with the rights of others. Accordingly, each provision of the within covenants, while set forth as mandatory requirements herein, may be subject to amendment and change upon proper application and the imposition of standards and criteria to maintain and enhance the value of remaining properties within the development, such amendments to be accomplished by the unanimous vote of the Homeowners’s and Architectural Control Committee, (HACC), all as hereinafter set forth.

DURATION OF COVENANTS

The within covenants shall be binding and in full force and effect for a minimum period of thirty (30) years after the adoption and recording of the same.

Thereafter, said covenants shall be automatically extended for additional thirty (30) year terms unless a majority vote of the owners of property located within the development site, vote to discontinue the covenants. One vote shall be allotted to each separate platted property owner within the development.

ENFORCEMENT OF COVENANTS

A. The Homeowner’s and Architectural Control Committee (HACC), hereinafter established, is hereby empowered to enforce any provision of the within covenants, in its discretion. Enforcement shall be by such means as may be necessary, including the institution and maintenance of legal action upon such theory and cause as may be available, such as, but not limited to, injunction, damages and the like. In addition, the HACC shall have the right to cause any charge or assessment levied against property within the development to be certified and recorded as a lien upon and charged against said property and collected in like manner as if the same were ad valorem taxes against said property.

B. In respect to enforcement of the within covenants by the HACC, the Committee shall first make verbal request upon the homeowner, or resident, for correction of any provision violating the within covenants. In the event the violating condition is not corrected pursuant to the verbal request for correction within a reasonable period, to be determined solely by the HACC, then the HACC shall make written request, to be served upon the homeowner or resident in person or by certified mail, return receipt requested, for correction of the condition. The homeowner or resident shall have a maximum of thirty (30) days in which to cause the condition to be brought into compliance with these covenants, or such longer period as may be determined in the sole discretion of the HACC. In the event the homeowner or resident does not cause the violating condition to be brought into compliance, the HACC shall cause enforcement action to be brought as above described. If there is an alleged violation of any condition of these covenants which results in legal action being brought to resolve the same, then the prevailing party shall be entitled to an award of any and all reasonable attorney’s fees incurred as a result of such legal action.

C. If a homeowner or resident fails to bring a violating condition into compliance after notice is given as provided for in Subparagraph B of this Article concerning enforcement of covenants, such homeowner or resident authorizes the HACC, its agents and employees, to re-enter the premises for the purpose of bringing said violation into compliance. Said re-entry shall not constitute a trespass by the HACC. All expenses incurred in bringing a violating condition into compliance shall be levied against the property and shall be certified and recorded as a lien upon and charged against said property and collected in like manner as if the same were an ad valorem tax against said property. If a legal action is required to collect said expenditures, then the prevailing party shall be entitled to reasonable attorney’s fees and costs incurred in said collection activities.

D. As a further remedy, but not by limitation of remedies, should a property owner or resident fail to bring a violating condition into compliance after being properly notified as provided in Subparagraph B of this Article titled "Enforcement of Covenants", then a notice in writing may be served on such property owner or resident by the HACC, notifying such party that the HACC elects that the title to the whole of the property in question shall revert to Kiowa County Economic Development Foundation, or its assigns, and thereupon, the title to the whole of such premises shall immediately and without the necessity of any further action on the part of the HACC revert to and revest in Kiowa County Economic Development Foundation, or its assigns and the property owner or resident shall lose and forfeit all of such person’s rights, title and interest in and to the whole of the conveyed premises and to the improvements and fixtures thereon, and the KCEDF or its assigns, shall have the right of re-entry to the property conveyed by this instrument. If legal action is required to enforce this right of reverter, the prevailing party shall be entitled to its reasonable attorney’s fees and costs incurred as a part of said legal action. No reversion or forfeiture shall render invalid or operate in any way against the lien of any mortgage or deed of trust given with respect to the conveyed property in good faith, and for value; and on any such reversion or forfeiture, the Foundation or its assigns shall take title to the conveyed land subject to any such mortgage or deed of trust. Provided, however, that should any such mortgage or deed of trust be foreclosed, then the title acquired by such foreclosure and the person or persons who thereby and thereafter become the owner or owners of the conveyed premises, shall be subject to and bound by all the restrictions contained in this instrument; and further provided that the KCEDF or its assigns may enforce any covenants, conditions and restrictions by any other appropriate action at its sole option.

HOMEOWNER’S AND ARCHITECTURAL CONTROL COMMITTEE

There is hereby created a Homeowner’s and Architectural Control Committee (HACC), which committee shall be comprised of three (3) to five (5) members. Unless and until at least fifteen of the total platted lots in the development are sold, developed and occupied, the HACC shall be comprised of three (3) members of the Board of Directors of the Kiowa County Economic Development Foundation to be appointed by the same.

After sale, development and occupancy of fifteen of the platted lots, each landowner occupying their land shall have one (1) vote for each of two (2) additional seats on the HACC, each of said additional HACC members to serve a three (3) year term.

The HACC shall perform all duties delegated to it by these protective covenants.

RE-SUBDIVIDING

No additional re-subdividing of the platted lots in this development shall be permitted except on lots whose original platted size was ten acres or larger, without HACC’s written approval. Those lots whose original platted size was ten acres or larger shall be permitted to be separated into additional parcels. HOWEVER, no single parcel either sold or retained shall be smaller than five acres without the HACC"s written approval.

The purchase of multiple lots will be allowed. HOWEVER, all property boundary guidelines for each parcel must be maintained separately if the lots are to be resold as separate parcels.

LOCATION, DWELLINGS AND SETBACKS

All dwellings, improvements, or other permanent structures shall have a minimum setback from all property lines, public roads and easements as follows:

3/4 acre or less

1. Minimum front yard setback of thirty-five (35) feet from the front property line or 75 feet from the road centerline, whichever is greater.

2. Minimum side yard of sixteen (16) feet on each side.

3. Minimum rear yard of twenty (20) feet from the rear property line to the nearest building line, excepting fences, walls, and hedges when used as a property line or boundary line separation.

4. Minimum setback from power lines or transmission lines shall be twenty-five (25) feet unless a lesser amount is approved by the servicing power company.

5. All lots must provide a minimum of sixteen feet of horizontal ground clearance for utility access. The location of this access will vary by lot and must be cleared with the HACC which has sole discretion in determining this matter.

1 through 3 acres

1. Minimum front yard setback of thirty-five (35) feet from the front property line or 75 feet from the road centerline, whichever is greater.

2. Minimum side yard of sixteen (16) feet on each side.

3. Minimum rear yard of twenty-five (25) feet from the rear property line to the nearest building line, excepting fences, walls, and hedges when used as a property line or boundary line separation..

4. Minimum setback from power lines or transmission lines shall be twenty-five (25) feet unless a lesser amount is approved by the servicing power company.

Over 3 acres

1. Minimum front yard setback of Fifty (50) feet from the front property line or 100 feet from the road centerline, whichever is greater.

2. Minimum side yard of 25 feet on each side.

3. Minimum rear yard of twenty-five (25) feet from the rear property line to the nearest building line, excepting fences, walls, and hedges when used as a property line or boundary line separation.

4. Minimum setback from power lines or transmission lines shall be twenty-five (25) feet unless a lesser amount is approved by the servicing power company.

MAXIMUM LOT COVERAGE:

Notwithstanding uses permitted herein, no more than fifty (50) percent of the total lot area shall be used for the dwelling, parking and other structures unless written approval is granted by the HACC.

HEIGHT OF STRUCTURES AND FLOOR SPACE

Any dwelling or improvement over one story in height from natural ground level will require prior approval from the HACC. The Committee intends to discourage, and has the right to prohibit the construction of any dwelling or other structure which would appear excessive in height when viewed from the roads, drives, or other lots. Dwellings whose masses are generally parallel to the natural terrain of the lots will be encouraged.

All dwellings on lots larger than two (2) acres are strongly encouraged to have at least a one car garage, preferably attached, of a minimum size of 200 square feet.

DWELLING MINIMUM STANDARDS

It is the intent of the within covenants that Kiowa Creek Estates shall be generally developed with single family dwellings. However, owing to the nature of this development, structures constituting multiple family dwellings will be considered for construction within the development area, PROVIDED, HOWEVER, that any structure proposed as a multiple family dwelling shall be allowed only upon the express, written approval of the HACC.

(a) All residential structures within the development area shall be constructed in conformity with all building and construction codes enacted by the Kiowa County Zoning and Planning Board, and the HACC may require an inspection to be performed, at owner’s expense, during construction to insure compliance with said codes.

(b) All building plans must be submitted to the HACC prior to the start of construction.

(c) Each and every dwelling unit on the premises shall consist of at least 1,200 square feet of living area unless permission is granted in writing by the HACC for a variance.

(d) Once construction of improvements is started on any lot, the improvements must be substantially completed in accordance with plans and specifications, as approved, within 12 months. "Substantially complete" means a building that is completely closed in, windows and doors installed, outside walls completed and finished to approved building plans and final roof installed; in addition, any final grading must be completed and the Lot must be cleared of construction debris, and the Owner or builder must provide proof of applicable plumbing and electrical final inspections. Extensions of the above time limit for building completion may be approved at the sole discretion of the HACC..

(e) There is no mandatory style of architecture in Kiowa Creek Estates. The only constant is quality and harmony with the particular lot and general landscape. "A" frame type structures will not be allowed. The HACC must approve all design, exterior finishes, and construction plans, including minimum floor square footage, of all residences and any other garages, outbuildings, or structures prior to construction.

(f) The external materials of all dwellings and auxiliary buildings shall be architecturally compatible with one another and be generally of muted colors, to blend with the surrounding landscape and adjacent dwellings. Foundation walls shall not be exposed unless approved by the committee, and then shall be finished to blend with the upper walls of the dwelling.

(g) Roofs shall have a minimum pitch of 4 in 12, and minimum overhang of 16 inches, unless otherwise approved by the HACC. Shingles and/or metal roofs shall blend with the color and architecture of the main dwelling.

(h) Manufactured homes shall be permitted, so long as the same shall meet or exceed all standards and specifications of the latest addition of the Uniform Building Code, as promulgated by the International Conference of Building Officials, PROVIDED HOWEVER, that said manufactured homes shall be restricted as hereinafter set forth, as to location within the development. Manufactured homes shall meet the roofing and overhang requirements previously described. Mobile Homes, defined as those housing units which meet only the HUD standards established in 1976, shall not be allowed. Manufactured homes must also meet all other requirements set forth in these Covenants.

Manufactured homes shall be restricted to lots to be determined by the HACC.

(i) No mobile home, house trailers, RVs or similar sorts of movable housing (as determined by the HACC) shall be used as permanent dwellings. This section and restrictions in it do not apply to factory built dwellings or so-called modular homes, designed to be placed on permanent foundations and finished to look like permanent dwellings.

(j) Owners shall take appropriate measures to contain edges of driveways, landscaping, or any other structures to prevent erosion and washouts, and not disturb planned or natural drainage.

Driveway culverts, if required, will be approved by the HACC and installed by the owner.

(k) Solar Panels and related equipment, whether included in the original construction or added at a later date, shall be designed and constructed so as to appear as an integrated part of the building architecture.

(l) The exterior portions of all buildings shall be painted or stained upon completion or shall have color mixed in the final structural application, so that all such materials shall have a finished appearance.

(m) Clothes lines, propane tanks, etc. shall be installed or located so as not to detract from the aesthetic values of the property and shall be so placed to be concealed as much as possible from view from all public right of ways.

(n) Owners are responsible for the maintenance, repair and replacement of the improvements and properties located within their Lot boundaries. Each Lot shall, at all times, be kept in a clean, sightly, and wholesome condition. All structures must be properly maintained, relating to painting, repairs, etc.

(o) All lots, whether occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in such manner as to prevent their becoming unsightly by the accumulation of rubbish, inoperable vehicles or debris thereon.

SEWAGE DISPOSAL SYSTEMS

Where approved for such use, the design and construction of all individual sewage disposal systems shall be installed in compliance with health requirements of the local, county, district, state or federal health departments. A copy of these minimum standards is available from the County Zoning Committee.

ELECTRICAL POWER

No source of electrical energy shall be brought to the property or used upon the property until the HACC has approved plans and specifications for the erection of approved improvements upon any lot.

OUTDOOR LIGHTING

(a) All outdoor lighting must be fully shielded or hooded so that the light is cast downward.

(b) Outdoor lights may not directly illuminate areas beyond the Owner’s property.

Any variance of these requirements must have the written approval of the HACC.

LANDSCAPING

The front yard of each lot improved with a residence dwelling shall be landscaped no later than twelve months after the date of first occupancy unless written approval is granted by the HACC for an extension. Xeriscaping is encouraged. The balance of each lot not landscaped shall be kept in the natural state of the property, with protective measures taken to prevent soil, grass or natural plant erosion or damage. Owners are encouraged to plan for landscaping costs in the construction cost budget. All plantings, landscaping, vegetable gardens, wood piles, and other appurtenances in respect to this development property shall be kept in a clean, orderly manner.

DUST CONTROL

Under no circumstances shall the owner or resident of any lot or parcel of land disturb the natural soil or grasses unless the owner or resident shortly thereafter, constructs on, paves, gravels, or re-plants such disturbed areas with ground cover approved by the HACC.

NRCS shall inspect the grass on each lot as deemed necessary by the HACC..

FENCE AND WALLS

Any retaining walls, fences, etc. shall be of materials compatible with the dwelling architecture, and shall not divert or alter existing planned or natural drainage onto other properties or roads. No retaining wall, fence or other structure shall be constructed which impairs the line of sight from any driveway into the road. The HACC must approve any retaining walls, fences and other structures, prior to construction.

ANIMALS

The possession and maintenance of domesticated dogs, cats, and other common household pets shall be allowed on the properties in the development, provided that the number of domestic animals thus kept and maintained shall not be excessive. This may vary due to breed, type, animal behaviors, location of lot and the proximity of neighbors. The HACC shall have final determination in this matter.

The lots are located in an area with walking trails, wetlands, and other natural areas not being developed for housing. Therefore, dogs are not allowed off their Owner’s Lots unless they are under the Owner’s control. Any uncontrolled domestic animals may be removed at the owner’s expense. Each owner is financially responsible for any damage caused by any pet or animal kept on the owner’s lot.

It shall be permitted for the keeping of not more than two (2) horses on lots having an area of three (3) acres or more. The number of horses may be increased at the discretion of the HACC and only with their written approval. The keeping of other farm animals shall not be allowed without the written approval of the HACC. No horses, shall be kept or maintained nor any stable, barn or corral constructed within fifty (50) feet of any dwelling or other building used for human habitation, or within one hundred (100) feet of the front lot line of the lot upon which it is located or within one hundred (100) feet of any public park or similar institution.

NRCS shall check the grass as deemed necessary by the HACC to determine if the animals are overgrazing.

PEST CONTROL

All barnyards, stables, or other structures or areas where animals are located, shall be kept clean and free of insects and pests and of obnoxious odors.

EASEMENTS

Easements for installation and maintenance of roads, utilities and drainage facilities are reserved on all platted lots. 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.

Any building, fencing, garden or other improvement established in easements shall be at the owner’s risk and subject to removal without liability of the party causing removal of such improvement.

UNNATURAL DRAINAGE:

Under no circumstances shall any owner of any lot of parcel of land be permitted to deliberately alter the topographic conditions of his lot or parcel of land in any way that would permit additional quantities of water or concentrated flows from any source, other than what nature originally intended, to flow from his property onto any adjoining property or public right of way.

TEMPORARY STRUCTURES

No mobile home, tent or shack or other temporary building, improvement or structure shall be placed upon any property, except that temporary structure necessary for storage of tools and equipment and for office space for architects, builders and foremen during actual construction, and only with prior approval of HACC may be allowed.

USE AND SIGNS

(a) No lot and no dwelling on any lot shall be used for any purpose other than a residence. Home occupations shall be permitted, so long as the same are in compliance with the

Kiowa County Zoning Regulations and do not cause undue vehicular congestion, excessive noise, or other objectionable influences. No commercial business will be allowed in the residential housing area of this development with the exception of in-home businesses. The

HACC shall have sole discretion in determining if a business qualifies as an in-home business.

(b) One (1) professionally made sign of not to exceed six (6) square feet in area identifying and advertising products produced on the premises, or containing only the name and title or occupation of the occupant shall be allowed. Larger signs must have the written approval of the HACC.

( c) One temporary sign of not to exceed six (12) square feet in area giving the names of the contractors, engineers, and architects during construction period shall be allowed. Larger signs must have the written approval of the HACC.

(d) No sign, advertisement, billboard or advertising structure of any kind shall be erected or allowed on any of the unimproved lots, and no signs shall be erected or allowed to remain on any lots improved or unimproved except as expressly listed above, PROVIDED HOWEVER, that a temporary permit for signs for structures to be sold or exhibited may be first obtained by application to the HACC. The HACC may approve the location of these signs.

TRASH

No trash, ashes or other refuse or debris may be thrown or dumped on the property. The burning of trash or refuse out of doors shall follow Kiowa County guidelines for such. All outdoor trash containers must be enclosed by a fence or other structure to prevent blowing of trash and unsightly appearance. Weekly trash removal service is required if it is available through either the town or county.

NOXIOUS AND UNSIGHTLY ARTICLES

No noxious, offensive or illegal activities shall be carried out on any lot. Nothing shall be done on any Lot that shall be or become an unreasonable annoyance or nuisance to the neighborhood.

No Owner of a Lot shall be permitted to store unlicensed or inoperable motor vehicles on a Lot or any street. No abandoned vehicles, including stripped down or salvaged vehicles, shall be parked or stored on any lot unless in a garage or other building.

All trailers, recreational vehicles, motorcycles, garden and maintenance equipment not stored inside a garage or other building shall be parked in an orderly manner. No RV or mobile home shall be used as a residence for longer than two (2) weeks without first getting permission from the HACC.

Owners are responsible for the maintenance, repair and replacement of the improvements and properties located within their Lot boundaries. Each Lot shall, at all times, be kept in a clean, sightly, and wholesome condition consistent with the community appearance as a whole. The

HACC has the authority to enter, replace, maintain, repair and clean up Lots which do not conform to the standards set forth herein, after written notice as previously stated. The HACC may charge and collect from the Owner all reasonable costs as an assessment.

DISCLAIMER OF LIABILITY

Nothing herein established, whether rule, regulation, requirement, limitation or condition shall be construed, interpreted, or enforced in such manner as to impose any responsibility or liability whatsoever, upon the developers, Kiowa County Economic Development Foundation, or the HACC for personal injury, loss or property damage claimed as a result of the within covenants. The condition of the property, including but not limited to, such matters as subsurface geologic and hydro logic condition, and the means, methods, materials and manner of construction and development are always, in the final analysis, within the discretion and determination of the individual owner and contractor, and nothing herein contained shall operate as any sort of guaranty or warranty by the developers, or the HACC concerning such aspects of condition and construction.

AMENDMENTS

Any provision of these covenants may be amended at any time by the majority vote of the HACC; PROVIDED, HOWEVER, that no such amendment shall have the effect of abrogating, changing or voiding the terms and conditions of the development agreement.

For More information please contact

Jan Richards
KCEDF Community Coordinator
PO Box 250
Eads, CO  81036
719-438-2200
kcedf@kcedfonline.org


 

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Revised: 05/13/14 04:42:24 PM