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
Copyright © 2007 - 2012 by Kiowa County Economic Development
Foundation.
All
rights reserved. Do not duplicate or redistribute in any form.
Web Design By Sharon
|
Revised:
05/13/14 04:42:24 PM |
|