Homestead HOA (Jeffco)

Covenants

Homestead Filing 2

DECLARATION OF PROTECTIVE COVENANTS

FOR

THE HOMESTEAD, FILING NO. 2, A REAL ESTATE SUBDIVISION

(Includes amendments from 1990 and 1992)

Buffalo Park Development Company (hereinafter referred to as the "Developer") being the Developer of that real property within the subdivision named The Homestead, Filing No. 2, in Jefferson County, Colorado the plat of which was filed with the Clerk and Recorder of Jefferson County, Colorado, June 1st, 1973, at Book 41 and page 37.

Developer hereby makes and declares the following restrictions upon the use of such real property as covenants which shall be attached to and run with the land, and be binding upon Owners and upon all persons claiming under or through Owners and upon all future owners of any part of such real property, so long as these covenants remain in effect:

1. DEFINITIONS: As used herein, the following words and terms shall have the following meanings:

Subdivision The Homestead, Filing No. 2

Lot A lot within the Subdivision

Single Family A residence designed for occupancy by one family
Dwelling together with one outbuilding

Outbuilding An enclosed, covered building to be used as a private garage for not more than three cars or for other storage purposes, or a stable for stabling horses, not directly attached to the main structure which it serves

Architectural A committee established for architectural control as
Committee described in Section 26 of this Declaration.

2. GENERAL PURPOSES: These covenants are made for the purpose of creating and keeping the Subdivision desirable, attractive, beneficial and suitable in architectural design, materials and appearance and to guard against fire and unnecessary interference with the natural beauty of the Subdivision for the mutual benefit and protection of the owners of Lots in the Subdivision. Each purchaser of a Lot, by acceptance of a deed to same, shall be subject to the restrictions, conditions, covenants, and agreements contained herein, and shall comply with and perform said restrictions, conditions, covenants and agreements contained herein.

3. RESIDENTIAL USE: Each Lot in the Subdivision shall be used for residential purposes only and no building shall be erected, placed or maintained on any Lot other than one Single Family Dwelling.


4. APPROVAL OF CONSTRUCTION PLANS: No building or other structure shall be constructed, erected or maintained on any Lot, nor shall any addition thereto or change or alteration therein be made until complete working plans and specifications (including but not limited to the floor plan, elevations, plot and grading plans, location of utility lines [it shall be at the sole discretion of the Architectural Committee whether utility lines shall be above or below ground], the specifications of principal exterior materials, exterior color schemes and the locations, character and method of utilization of all utilities) have been submitted to and approved in writing by the Architectural Committee or its successors or assigns and submitted by the owner to the Zoning, Planning and Building Department of Jefferson County or the existing municipal authority at that time and approved by the same.

Each building, or other structure shall be constructed, erected and maintained in strict accordance with the approved plans and specifications.

In passing upon all such plans and specifications, the Architectural Committee shall take into consideration the suitability of the proposed building or other structure, the materials of which it is to be built as related to the Lot, the harmony with the natural surroundings, and the effect the building or other structure, as planned, will have on the ecology and view from adjacent or neighboring Lots. The Architectural Committee agrees to use reasonable judgment in passing upon all such plans and specifications, but the Architectural Committee shall not be liable to any person for the Architectural Committee's actions in connection with submitted plans and specifications, unless it be shown that the Architectural Committee acted with malice or wrongful intent.

If written approval or disapproval is not made within thirty days from the date the plans and specifications are submitted to the Architectural Committee, then such approval shall not be necessary and all plans, specifications and plot plans shall be considered approved. There shall be no charge made by the Architectural Committee for this service.

5. ROAD APPROACHES AND PARKING: Prior to commencing the construction of a residence on any Lot, a proper approach from the roadway to the residence shall be built by the Lot owner after approval thereof by the Architectural Committee, and sufficient parking on the site shall be provided to accommodate the cars of the owner and guests, keeping in mind a location for snow removal during winter months.

No vehicle of any kind, including but not limited to, automobiles, trucks, buses tractors, trailers, camping vehicles, boats, boat trailers, snowmobiles, mobile homes, two and three-wheeled motor vehicles, or other wheeled vehicles shall be permitted to be parked on any public road within the Subdivision between the hours of 2:00 o'clock A.M. and 6:00 o'clock A.M. of any day; provided, however these restrictions shall not prohibit the parking in rights-of-way of construction equipment and vehicles under the control of Buffalo Park Development Co., until the roads within the Subdivision are accepted for maintenance by the county. After acceptance for maintenance, the parking of such construction equipment and vehicles shall not be allowed.

6. EASEMENTS: Easements and rights-of-way are hereby reserved as shown or described on the recorded plat of the Subdivision. In addition, easements are hereby reserved in all dedicated streets in the Subdivision for water and all other utilities and easements are hereby reserved across the front ten (10) feet of all Lots in the Subdivision for use by owners of Lots in the Subdivision and by the general public for hiking and horseback riding. No public or private road easement or access to other adjacent property will be allowed across any Lot or portion of Lot contained within this Subdivision.

7. FENCES: No fence, wall or similar type barrier of any kind shall be constructed, erected or maintained on any Lot for any purpose whatsoever, except such fences or walls as may be approved by the Architectural Committee as an integral or decorative part of a building to be erected on a Lot or to be used as a restraint for livestock, and in no event shall any fence, wall or barrier of any kind be constructed, erected or maintained within ten (10) feet from any front Lot line.

8. SIGNS: No signs, billboards or other advertising structure of any kind shall be erected, constructed or maintained on any Lot for any purpose whatsoever, except such signs as have been approved by the Architectural Committee for identification of residences.

9. WATER AND SANITATION: At the time plans and specifications for construction of any building on a Lot are submitted to the Architectural Committee for approval, the person or persons submitting such plans or specifications shall notify the Developer that water and sewer utility services are desired and specify the date on which utility connections will be needed whereupon:

(a) In the event a central water and/or central sewer system is provided to the Subdivision by the Developer, Buffalo Park Development Company or a Special Water and/or Sanitation District, water distribution and sewer collection lines will be provided to the Lot line and the owner or owners of said Lot shall connect with said water and/or sewer utility lines at their sole cost and expense in accordance with the specifications established by the Developer, Company or District. If such central facilities are not completed and available for service at the time said Lot owner or owners are ready to connect, temporary service may be provided until such time as the central facilities are ready for use, and there is hereby reserved by the Developer an easement and right-of-way over and across each and every Lot in the Subdivision for the purpose of installing, operating, maintaining, repairing, removing and replacing such temporary and/or permanent water and/or sewer facilities which easement and right-of-way is reserved for use by the Developer, Buffalo Park Development Company or any Special Water and/or Sanitation District providing such utility service to the Subdivision.

If central water facilities are provided to the Subdivision as aforesaid no Lot or Lots or the owner or owners thereof may use or be served by private wells as a source of water for either human consumption or irrigation or for any other use. If central sewer facilities are provided to the Subdivision as aforesaid no Lot or Lots or the owner or owners thereof may make any irrigation or other use of sewer effluent from any temporary or permanent facilities installed as a part of said central sewer facilities.

The providing of central water distribution and/or sewer collection facilities shall be a question to be determined by Buffalo Park Development Company and the Grantor in their sole and absolute discretion and they shall be under no obligation to provide such facilities as a result of these covenants.

(b) In the event a central water and/or central sewer system will not be provided to the Subdivision pursuant to the provisions of section (a) hereof, the Developer shall so notify the person or persons submitting plans and specifications as aforesaid by written notice within sixty days after submission of said plans and specifications.

If central sewer facilities will not be provided to the Subdivision the Lot owner or owners so notified shall thereupon be free, after their obtaining necessary governmental permits, to install and utilize an "individual sanitary sewage disposal system" which for purposes of these covenants shall mean all facilities and equipment for the disposal of sewage through a process of an approved septic system or an aerobic digestion unit with extended aeration and filtration and disinfection and subsurface disposal. No septic system using an evaporative type treatment shall be allowed. If central water facilities will be provided as aforesaid the section (a) prohibition on the use of sewer effluent shall remain in full force and effect and said Lot owner or owners shall make no use whatever of the effluent from their "individual sanitary sewage disposal system".

If central water facilities will not be provided to the Subdivision the Lot owner or owners so notified shall thereupon be free, after their obtaining necessary governmental permits, to drill or otherwise install and utilize a private well and the restriction of section (a) hereof prohibiting the use of a private well shall be of no further force or effect as to the Lot or Lots for which plans and specifications were submitted as aforesaid.

10. SUBSEQUENT INCLUSION IN WATER AND/OR SANITATION DISTRICT: If at any time prior to January 1, 1985, a Special Water and/or Sanitation District formed pursuant to the provisions of Chapter 89, Colorado Revised Statutes 1963, as amended or subsequent amendments or re-enactments thereof, shall include real property adjoining The Homestead, Filing No. 2, or any Lot thereof by reason of the formation of a new Water and/or Sanitation District or the inclusion of such adjoining property into an existing Water and/or Sanitation District, the owners of each and every Lot within The Homestead, Filing No. 2 shall, upon the written request of the Developer, petition for and consent to the inclusion of all Lots within The Homestead, Filing No. 2, into such Water and/or Sanitation District and sign and execute a petition for inclusion of their respective Lot or Lots into such Water and/or Sanitation District.

Should the owner or owners of any Lot or Lots refuse, be unable or be unavailable to sign and execute a petition for inclusion of their respective Lot or Lots into such Water and/or Sanitation District, Developer reserves and is hereby made, constituted and appointed the true and lawful attorney for such owner or owners of such Lot or Lots and in their name, place and stead for their sole use and benefit to sign and execute said petition for inclusion, hereby giving and granting unto the Developer full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as such Lot owner or owners might or could do if personally present, with full power of substitution and revocation hereby ratifying and confirming all that said Developer or its substitutes shall lawfully do or cause to be done by virtue hereof.

If water and/or sewer are made available, the owner or owners must cease use of his privately installed facilities.

11. CHANGE OF WATER COURSE: No river, stream, lake, pond, spring or water course shall be changed or altered until written application for such change or alteration is made to Developer and written approval for such change or alteration is given by Developer.

12. TRASH: No trash, ashes or other refuse shall be thrown or dumped on any land within the Subdivision. Each property owner shall provide suitable receptacles for the temporary storage and collection of refuse and all such receptacles shall be screened from public view and protected from disturbance. Each Lot at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, inoperable cars, lumber or other building materials shall be permitted to remain exposed on any Lot so as to be visible to any neighboring Lot or road, except as necessary during the period of construction.

13. TREES: No living trees shall be cut, trimmed or removed from any Lot except upon prior written approval of the Architectural Committee.

14. LANDSCAPING: All surface areas disturbed by construction shall be returned promptly to their natural condition and replanted in native grasses, except where such areas are to be improved by the construction of living areas, which will be permitted only after the plans and specifications therefor shall have been approved by the Architectural Committee. No more than 200 square feet of any Lot shall be irrigated.

15. HEIGHT, SET BACK & AREA REGULATION:

(a) MINIMUM AREA OF A BUILDING SITE: The minimum site area for a dwelling or other main building shall be one Lot as designated on the Subdivision plat.

(b) FRONT YARDS: All buildings erected on a Lot, including all accessory buildings, shall have a minimum front setback of 100 feet. No part of the front yard established by the required setback may be used for off-street parking.

(c) SIDE YARD: All buildings erected on a Lot, including all accessory buildings, shall have a minimum side setback of 50 feet.

(d) REAR YARD: All buildings erected on a Lot, including all accessory buildings, shall have a minimum rear setback of 50 feet.

(e) HEIGHT: No building shall be constructed which has a height in excess of 35 feet above the natural grade at the front foundation line of such building.

16. CONTINUITY OF CONSTRUCTION: All structures in the Subdivision shall be prosecuted diligently to completion and the exterior shall be completed within twelve months after construction is commenced.

17. FIRE DAMAGE: In the event that a structure is destroyed, wholly or partially by fire or any other casualty, said structure shall be properly rebuilt or repaired to conform to this declaration or, all the remaining structure, including the foundations and all debris shall be removed from the Lot within twelve months after said destruction.

18. NUISANCE AND FIREARMS: No noxious or offensive activity shall be carried on within the Subdivision, nor shall anything be done or permitted which shall constitute a public nuisance therein, nor shall any explosives, fireworks of any type, firearms including air rifles, bb guns and bows and arrows or similar devices be discharged within the Subdivision. No overhead street or yard lights in excess of 100 watts shall be installed in the Subdivision without first obtaining the written approval of the Architectural Committee.

19. TOILETS: There shall be no outside toilets placed on any Lot, except temporary toilets for use only during construction on the Lot.

20. SUBDIVIDING OF LOTS: No Lot or Lots shall be subdivided, except for the purpose of combining portions with an adjoining Lot, provided that no additional Lot or building site is created. Any ownership or single holding by any person comprising the whole of one Lot and part or parts of one or more adjoining Lots shall be deemed a single Lot. Not less than one entire Lot as originally platted shall be used as a building site.

21. SQUARE FOOTAGE: Each residence constructed shall have not less than 1400 square feet of floor area devoted to living purposes exclusive of unroofed or roofed porches, terraces, basements, breezeways, garages and car ports.

22. TERMINATION AND AMENDMENT OF COVENANTS: These covenants shall run with the land and be binding upon and enure to the benefit of Owners, their personal representatives, heirs, successors and assigns, and all persons acquiring any interest in any of the Lots in said Subdivision until January 1, 1985, at which time said covenants shall be automatically extended to January 1, 2020; provided that at any time after January 1, 1985, these covenants can be terminated by the recording of an appropriate instrument of termination executed by persons who own at least one-half of the Lots in said Subdivision. These covenants may be amended, modified or terminated at any time by the recording of an appropriate instrument of amendment or termination executed by persons who own at least two-thirds of the Lots in said Subdivision. For purposes of these covenants, the word "person" shall include corporations, trusts and partnerships, general and limited, as well as natural persons.

23. ENFORCEMENT: If any person shall violate or threaten to violate any of the provisions of this instrument, it shall be lawful for any person or persons owning real property in the Subdivision or for the Developer to institute proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive that may result from said violation, together with costs of suit and attorney's fees.

24. SEVERABILITY: Invalidation of any one or more of the provisions of this instrument by judgement or court order or decree shall in no wise affect any of the other provisions which shall remain in full force and effect.

25. REASONABLE VARIANCE: The Architectural Committee hereby reserves the right to grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these restrictions.

26. ARCHITECTURAL CONTROL: An Architectural Committee composed of five members shall be established for the purposes of architectural control and variance or adjustment in accordance with this Declaration. Four members of the Architectural Committee shall be appointed by The Homestead Homeowners Association and one member shall be appointed by Buffalo Park Development Co.; provided, however, after Mariposa Associates and Buffalo Park Development Co. have sold all of their Lots within the Subdivision, all members of the Architectural Committee shall be appointed by The Homestead Homeowners Association. Each member of the Architectural Committee shall serve for as long as the organization entitled to appoint the member chooses.

27. HOMEOWNERS ASSOCIATION: Every person or entity, except the Developer, who is a record owner of a fee or undivided fee interest in any Lot within The Homestead, Unit 1 (AKA Filing 1), or in The Homestead, Filing 2 (including 2nd ADDITIONS A & B), or The Homestead Addition, whose covenants provide for mandatory membership in The Homestead Homeowners Association, including contract buyers not of record where the Developer is the owner of record, shall be a member of The Homestead Homeowners Association (hereinafter referred to as "the Association"). The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot situated within the Filings named above.

28. ASSESSMENT FOR COMMON EXPENSES: Each member of The Homestead Homeowners Association for each Lot it owns within the Subdivision, and each owner of any Lot within the Subdivision, shall be obligated to pay a membership fee and the estimated assessments established by the Association; provided, however, the Developer shall not be subject to such membership fees or assessments nor shall any Lots owned by the Developer be subject thereto until sold by the Developer. The fees and assessments shall be fixed and collected from time to time as provided herein and in the Articles of Incorporation and By-Laws of The Homestead Homeowners Association. The fees and assessments which are unpaid together with interest thereon and costs of collection thereof as provided in the Articles and By-Laws shall be a charge on the land and shall constitute a lien upon the assessed Lot which shall be superior to all other liens and encumbrances except tax and special improvement district assessment liens, and except all sums unpaid on a first mortgage or first deed of trust of record. The Association shall be entitled to foreclose such liens as provided in the Articles and By-Laws. Each such assessment, together with such interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the owner of such property at the time the assessment became due. The personal obligation shall not pass to his successors in title unless expressly assumed by them.

The assessment levied by the Association shall be used exclusively for the purpose of promoting the health, safety, welfare and recreation of the residents in the Subdivision or in other property hereinafter made subject to this Declaration, and in particular for the purchase of any real or personal property, the creation, improvement and maintenance of common services and facilities (including the formation, annexation or merger with special improvement districts for water and/or sanitary sewer services), devoted to this purpose and related to the use and enjoyment of the Lots and the homes situated thereon. The assessments for common expenses shall be based upon the cash requirements deemed by the Board of Directors of the Association necessary to pay all estimated expenses of the Association connected with the purposes described herein, and providing such reserves as the Board of Directors deems proper in order to accomplish the objects and purposes of the Association.

29. COMPLIANCE WITH DECLARATION, ARTICLES AND BY-LAWS OF ASSOCIATION: Each member shall comply strictly with the provisions of the Declaration as amended, the Articles of Incorporation and By-Laws of the Association, and the decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. In addition to the rights granted pursuant to paragraph 23 of the Declaration, failure to comply with any of the provisions of this paragraph shall be grounds for an action to recover sums due and for damages or injunctive relief or both, including costs of suit and attorney fees, maintainable by the Board of Directors in the name of the Association on behalf of the Owners or, in a proper case, by an aggrieved Owner.

Homestead Unit 1

DECLARATION OF PROTECTIVE COVENANTS

FOR

THE HOMESTEAD, UNIT I, A REAL ESTATE SUBDIVISION

(This document includes amendments from 1972 and 1990)

Mariposa Associates (hereinafter referred to as the "Developer") and Lewis D. Hammer and Florence E. Hammer (all three of whom are hereinafter collectively called the "Owners") are the sole owners of all that real property within the subdivision named The Homestead, Unit I, in Jefferson County, Colorado the plat of which was filed with the Clerk and Recorder of Jefferson County, Colorado, on May 3rd, 1971, under reception number and recorded in Map Case, No. 33 at Pages 26,27,28.

Owners hereby make and declare the following restrictions upon the use of such real property as covenants which shall be attached to and run with the land, and be binding upon Owners and upon all persons claiming under or through Owners and upon all future owners of any plat of such real property so long as these covenants remain in effect:

1. DEFINITIONS: As used herein, the following words and terms shall have the following meaning:

Subdivision The Homestead, Unit I

Lot A lot within the Subdivision

Single Family A residence designed for occupancy by one
Dwelling family together with one outbuilding

Outbuilding An enclosed, covered building to be used as a private garage for not more than three cars or for other storage purposes, or a stable for stabling horses, not directly attached to the main structure which it serves

2. GENERAL PURPOSES: These covenants are made for the purpose of creating and keeping the Subdivision desirable, attractive, beneficial and suitable in architectural design, materials and appearance and to guard against fire and unnecessary interference with the natural beauty of the Subdivision for the mutual benefit and protection of the owners of Lots in the Subdivision. Each purchaser of a Lot, by acceptance of a deed to same, shall be subject to the restrictions, conditions, covenants, and agreements contained herein, and shall comply with and perform said restrictions, conditions, covenants and agreements contained herein.

3. RESIDENTIAL USE: Each Lot in the Subdivision shall be used for residential purposes only and no building shall be erected, placed or maintained on any Lot other than one Single Family Dwelling.


4. APPROVAL OF CONSTRUCTION PLANS: No building or other structure shall be constructed, erected or maintained on any Lot, nor shall any addition thereto or change or alteration therein be made until complete working plans and specifications (including but not limited to the floor plan, elevations, plot and grading plans, location of utility lines [it shall be at the sole discretion of the Developer whether utility lines shall be above or below ground], the specifications of principal exterior materials, exterior color schemes and the locations, character and method of utilization of all utilities) have been submitted and approved in writing by Developer or Developer's successor or assign or designated representative and a copy thereof filed permanently with Developer or its successors or assigns, and submitted to the Zoning, Planning and Building Departments of Jefferson County or the existing municipal authority at that time and approved by the same.

Each building, or other structure shall be constructed, erected and maintained in strict accordance with the approved plans and specifications.

In passing upon all such plans and specifications, Developer shall take into consideration the suitability of the proposed building or other structure and the materials of which it is to be built to the Lot upon which it is to be erected, the harmony thereof with the natural surroundings and the effect of the building or other structure, as planned, on the ecology and the view from adjacent or neighboring Lots. Developer agrees to use reasonable judgment in passing upon all such plans and specifications, but Developer shall not be liable to any person for Developer's actions in connection with submitted plans and specifications, unless it be shown that Developer acted with malice or wrongful intent.

If written approval or disapproval is not made within thirty days from the date the plans and specifications are submitted to the Developer, then such approval shall not be necessary and all plans, specifications and plot plans shall be considered approved. There shall be no charge made by the Developer for this service.

5. ROAD APPROACHES AND PARKING: Prior to commencing the construction of a residence on any Lot, a proper approach from the roadway to the residence shall be built by the Lot owner after approval thereof by Developer, and sufficient parking on the site shall be provided to accommodate the cars of the owner and guests, keeping in mind a location for snow removal during winter months. No vehicle of any kind, including but not limited to, automobiles, trucks, tractors, trailers, camping vehicles, boats, boat trailers, snowmobiles, mobile homes, two and three-wheeled motor vehicles, or other wheeled vehicles shall be permitted to be parked on any public road within the Subdivision between the hours of 2:00 o'clock A.M. and 6:00 o'clock A.M. of any day; provided, however these restrictions shall not prohibit the parking in rights-of-way of construction equipment and vehicles under the control of Buffalo Park Development Co. until the roads within the Subdivision are accepted for maintenance by the county. After acceptance for maintenance, the parking of such construction equipment and vehicles shall not be allowed.

7. EASEMENTS: Easements and rights of way are hereby reserved as shown or described on the recorded plat of the Subdivision. In addition, easements are hereby reserved in all dedicated streets in the Subdivision for water and all other utilities and easements are hereby reserved across the front ten (10) feet of all Lots in the Subdivision for use by owners of Lots in the Subdivision and by the general public for hiking and horseback riding.

8. FENCES: No fence, wall or similar type barrier of any kind shall be constructed, erected or maintained on any Lot for any purpose whatsoever, except such fences or walls as may be approved by Developer as an integral or decorative part of a building to be erected on a Lot or to be used as a restraint for livestock, and in no event shall any fence, wall or barrier of any kind be constructed, erected or maintained within ten (10) feet from any front Lot line.

9. SIGNS: No signs, billboards or other advertising structure of any kind shall be erected, constructed or maintained on any Lot for any purpose whatsoever, except such signs as have been approved by Developer for identification of residences.

10. WATER AND SANITATION: At the time plans and specifications for construction of any building on a Lot are submitted to Grantor for its approval, the person or persons submitting such plans and specifications shall notify Grantor that water and sewer utility services are desired and specify the date on which utility connections will be needed whereupon:

(a) In the event a central water and/or central sewer system is provided to the Subdivision by the Grantor, Buffalo Park Development Company or a Special Water and/or Sanitation District, water distribution and sewer collection lines will be provided to the Lot line and the owner or owners of said Lot shall connect with said water and/or sewer utility lines at their sole cost and expense. If such central facilities are not completed and available for service at the time said Lot owner or owners are ready to connect, temporary service shall be provided until such time as the central facilities are ready for use, and there is hereby reserved by the Grantor an easement and right-of-way over and across each and every Lot in the Subdivision for the purpose of installing, operating, maintaining, repairing, removing and replacing such temporary and/or permanent water and/or sewer facilities which easement and right-of-way is reserved for use by the Grantor, Buffalo Park Development Company or any Special Water and/or Sanitation District providing such utility service to the Subdivision.

If central water facilities are provided to the Subdivision as aforesaid no Lot or Lots or the owner or owners thereof may use or be served by private wells as a source of water for either human consumption or irrigation or for any other use. If central sewer facilities are provided to the Subdivision as aforesaid no Lot or Lots or the owner or owners thereof may make any irrigation or other use of sewer effluent from any temporary or permanent facilities installed as a part of said central sewer facilities.

The providing of central water distribution and/or sewer collection facilities shall be a question to be determined by Buffalo Park Development Company and the Grantor in their sole and absolute discretion and they shall be under no obligation to provide such facilities as a result of these covenants.

(b) In the event a central water and/or central sewer system will not be provided to the Subdivision pursuant to the provisions of section (a) hereof, the Grantor shall so notify the person or persons submitting plans and specifications as aforesaid by written notice within sixty days after submission of said plans and specifications.

If central water facilities will not be provided to the Subdivision the Lot owner or owners so notified shall thereupon be free to drill or otherwise install and utilize a private well and the restriction of section (a) hereof prohibiting the use of a private well shall be of no further force or effect as to the Lot or Lots for which plans and specifications were submitted as aforesaid.

If central sewer facilities will not be provided to the Subdivision the Lot owner or owners so notified shall thereupon be free to install and utilize an "individual sanitary sewage disposal system" which for purposes of these covenants shall mean all facilities and equipment for the treatment and disposal of sewage through a process of an approved septic system or an aerobic digestion unit with extended aeration and filtration and disinfection and subsurface disposal; provided however, that only if central water facilities will also not be provided shall the Lot owner or owners so notified be free to use their sewer effluent for irrigation or other uses. If central water facilities will be provided as aforesaid the section (a) prohibition on the use of sewer effluent shall remain in full force and effect and said Lot owner or owners shall make no use whatsoever of the effluent from their "individual sanitary sewage disposal system".

11. SUBSEQUENT INCLUSION IN WATER AND/OR SANITATION DISTRICT: If at any time prior to January 1, 1985, a Special Water and/or Sanitation District formed pursuant to the provisions of Chapter 89, Colorado Revised Statutes 1963, as amended or subsequent amendments or reenactments thereof, shall include real property adjoining The Homestead Subdivision, Unit I, or any Lot thereof by reason of the formation of a new Water and/or Sanitation District or the inclusion of such adjoining property into an existing Water and/or Sanitation District, the owners of each and every Lot within The Homestead, Unit I, Subdivision shall, upon the written request of the Developer, petition for and consent to the inclusion of all Lots within The Homestead Subdivision, Unit I, into such Water and/or Sanitation District and sign and execute a petition for inclusion of their respective Lot or Lots into such Water and/or Sanitation District.

Should the owner or owners of any Lot or Lots refuse, be unable or be unavailable to sign and execute a petition for inclusion of their respective Lot or Lots into such Water and/or Sanitation District, Developer reserves and is hereby made, constituted and appointed the true and lawful attorney for such owner or owners of such Lot or Lots and in their name, place and stead for their sole use and benefit to sign and execute said petition for inclusion, hereby giving and granting unto the Developer full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as such Lot owner or owners might or could do if personally present, with full power of substitution and revocation hereby ratifying and confirming all that said Developer or its substitutes shall lawfully do or cause to be done by virtue hereof.

12. CHANGE OF WATER COURSE: No river, stream, lake, pond, spring or water course shall be changed or altered until written application for such change or alteration is made to Developer and written approval for such change or alteration is given by Developer.

13. TRASH: No trash, ashes or other refuse shall be thrown or dumped on any land within the Subdivision. Each property owner shall provide suitable receptacles for the temporary storage and collection of refuse and all such receptacles shall be screened from public view and protected from disturbance. Each Lot at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, inoperable cars, lumber or other building materials shall be permitted to remain exposed on any Lot so as to be visible to any neighboring Lot or road, except as necessary during the period of construction.

14. TREES: No living trees shall be cut, trimmed or removed from any Lot except upon prior written approval of Developer.

15. LANDSCAPING: All surface areas disturbed by construction shall be returned promptly to their natural condition and replanted in native grasses, except where such areas are to be improved by the construction of living areas, which will be permitted only after the plans and specifications therefor shall have been approved by the Developer. No more than 200 square feet of any Lot shall be irrigated.

16. HEIGHT, SET BACK & AREA REGULATION:

(a) MINIMUM AREA OF A BUILDING SITE: The minimum site area for a dwelling or other main building shall be one Lot as designated on the Subdivision plat.

(b) FRONT YARDS: All buildings erected on a Lot, including all accessory buildings, shall have a minimum front setback of 100 feet. No part of the front yard established by the required setback may be used for off-street parking.

(c) SIDE YARD: All buildings erected on a Lot, including all accessory buildings, shall have a minimum side setback of 50 feet.

(d) REAR YARD: All buildings erected on a Lot, including all accessory buildings, shall have a minimum rear setback of 50 feet.

(e) HEIGHT: No building shall be constructed which has a height in excess of 35 feet above the natural grade at the front foundation line of such building.

17. CONTINUITY OF CONSTRUCTION: All structures in the Subdivision shall be prosecuted diligently to completion and the exterior shall be completed within twelve months after construction is commenced.

18. FIRE DAMAGE: In the event that a structure is destroyed, wholly or partially by fire or any other casualty, said structure shall be properly rebuilt or repaired to conform to this declaration or, all the remaining structure, including the foundations and all debris shall be removed from the Lot within twelve months after said destruction.

19. NUISANCE AND FIREARMS: No noxious or offensive activity shall be carried on within the Subdivision, nor shall anything be done or permitted which shall constitute a public nuisance therein, nor shall any explosives, fireworks of any type, firearms including air rifles, bb guns and bows and arrows or similar devices be discharged within the Subdivision. No overhead street or yard lights in excess of 100 watts shall be installed in the Subdivision without first obtaining written approval of Developer.

20. TOILETS: There shall be no outside toilets placed on any Lot, except temporary toilets for use only during construction on the Lot.

21. SUBDIVIDING OF LOTS: No Lot or Lots shall be subdivided, except for the purpose of combining portions with an adjoining Lot, provided that no additional Lot or building site is created. Any ownership or single holding by any person comprising the whole of one Lot and part or parts of one or more adjoining Lots shall be deemed a single Lot. Not less than one entire Lot as originally platted shall be used as a building site.

22. SQUARE FOOTAGE: Each residence constructed shall have not less than 1400 square feet of floor area devoted to living purposes exclusive of unroofed or roofed porches, terraces, basements, breezeways, garages and car ports.

23. TERMINATION AND AMENDMENT OF COVENANTS: These covenants shall run with the land and be binding upon and enure to the benefit of Owners, their personal representatives, heirs, successors and assigns, and all persons acquiring any interest in any of the Lots in said Subdivision, until January 1, 1985, at which time said covenants shall be automatically extended to January 1, 2000; provided that at any time after January 1, 1985, these covenants can be terminated by the recording of an appropriate instrument of termination executed by persons who own at least one-half of the Lots in said Subdivision. These covenants may be amended, modified or terminated at any time by the recording of an appropriate instrument of amendment or termination executed by persons who own at least two-thirds of the Lots in said Subdivision. For purposes of these covenants, the word "person" shall include corporations, trusts and partnerships, general and limited, as well as natural persons.

24. ENFORCEMENT: If any person shall violate or threaten to violate any of the provisions of this instrument, it shall be lawful for any person or persons owning real property in the Subdivision or for the Developer to institute proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive that may result from said violation together with costs of suit and attorney's fees.

25. SEVERABILITY: Invalidation of one or more of the provisions of this instrument by judgement or court order or decree shall in no wise affect any of the other provisions which shall remain in full force and effect.

26. REASONABLE VARIANCE: The Developer hereby reserves the right to grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent or purpose of these restrictions. The provisions of this paragraph shall also apply to any amendments to this Declaration.

27. ARCHITECTURAL CONTROL: An Architectural Control Committee composed of five members shall be established for the purposes of architectural control and variance or adjustment in accordance with paragraphs 4 and 26 of the Declaration. Two members of the Committee shall be appointed by Mariposa Associates, two members shall be appointed by Buffalo Park Development Co., and one member shall be appointed by The Homestead Homeowners Association; provided, however, after Mariposa Associates has sold all of its Lots within the Subdivision, all members of the Committee shall be appointed by The Homestead Homeowners Association. Each member of the Committee shall serve for as long as the organization entitled to appoint the member chooses.

28. HOMEOWNERS ASSOCIATION: Every person or entity, except the Developer, who is a record owner of a fee or undivided fee interest in any Lot within the Subdivision or in The Homestead, Filing 2, including 2nd Additions A & B, and The Homestead Addition, whose covenants provide for mandatory membership in The Homestead Homeowners Association, including contract buyers not of record where the Developer is the owner of record, shall be a member of The Homestead Homeowners Association (hereinafter referred to as "the Association"). The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot situated within the Subdivision or such added property.

29. ASSESSMENT FOR COMMON EXPENSES: Each member of The Homestead Homeowners Association for each Lot it owns within the Subdivision, and each owner of any Lot within the Subdivision, shall be obligated to pay a membership fee and the estimated assessments established by the Association; provided, however, the Developer shall not be subject to such membership fees or assessments nor shall any Lots owned by the Developer be subject thereto until sold by the Developer. The fees and assessments shall be fixed and collected from time to time as provided herein and in the Articles of Incorporation and By-Laws of The Homestead Homeowners Association. The fees and assessments which are unpaid together with interest thereon and costs of collection thereof as provided in the Articles and By-Laws shall be a charge on the land and shall constitute a lien upon the assessed Lot which shall be superior to all other liens and encumbrances except tax and special improvement district assessment liens, and except all sums unpaid on a first mortgage or first deed of trust of record. The Association shall be entitled to foreclose such liens as provided in the Articles and By-Laws. Each such assessment, together with such interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the owner of such property at the time the assessment became due. The personal obligation shall not pass to his successors in title unless expressly assumed by them.

The assessment levied by the Association shall be used exclusively for the purpose of promoting the health, safety, welfare and recreation of the residents in the Subdivision or in other property hereinafter made subject to this Declaration, and in particular for the purchase of any real or personal property, the creation, improvement and maintenance of common services and facilities (including the formation, annexation or merger with special improvement districts for water and/or sanitary sewer services), devoted to this purpose and related to the use and enjoyment of the Lots and the homes situated thereon. The assessments for common expenses shall be based upon the cash requirements deemed by the Board of Directors of the Association necessary to pay all estimated expenses of the Association connected with the purposes described herein, and providing such reserves as the Board of Directors deems proper in order to accomplish the objects and purposes of the Association.

30. COMPLIANCE WITH DECLARATION, ARTICLES AND BY-LAWS OF ASSOCIATION: Each member shall comply strictly with the provisions of the Declaration as amended, the Articles of Incorporation and By-Laws of the Association, and the decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. In addition to the rights granted pursuant to paragraph 24 of the Declaration, failure to comply with any of the provisions of this paragraph shall be grounds for an action to recover sums due and for damages or injunctive relief or both, including costs of suit and attorney fees, maintainable by the Board of Directors in the name of the Association on behalf of the Owners or, in a proper case, by an aggrieved Owner.

Amendment Homestead Unit 1

AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS FOR
THE HOMESTEAD, UNIT 1, A REAL ESTATE SUBDIVISION

WHEREAS, a Declaration of Protective Covenants affecting the Subdivision named The Homestead, Unit 1 (AKA Filing No. 1), in Jefferson County, Colorado was recorded on May 21, 1971, in Book 2262, Page 307, and was subsequently amended by a document entitled Amendment to Declaration of Protective Covenants for The Homestead, Unit 1, a Real Estate Subdivision dated May 1, 1972, recorded May 9, 1972 in Book 2373, Page 111, and was subsequently amended by a document entitled Amendment to Declaration of Protective Covenants for The Homestead, Unit 1, a Real Estate Subdivision recorded October 1, 1990, reception No. 90084260 (said Declaration of Protective Covenants as amended is hereinafter referred to as "the Declaration"); the plat of said Subdivision being recorded on May 3, 1971 in Map Case No. 33 at Pages 26, 27, 28; and

WHEREAS, the Declaration provides, among other things, that the Declaration may be amended at any time by the recording of an appropriate instrument of amendment executed by persons who own at least two-thirds (2/3) of the Lots in said Subdivision; and

WHEREAS, the undersigned persons own at least two-thirds (2/3) of the Lots within said Subdivision and desire to amend the Declaration;

NOW THEREFORE, the Declaration is hereby amended as follows:

1. Every reference to "Unit 1" is amended to be replaced with "Filing No. 1", which is the more common terminology.

2. Section 1 is amended to add the following definition: "Architectural Committee: A committee established for architectural control as described in Section 27 of this Declaration."


Lot
1_____ 2_____ 3_____ 4_____ 5_____ 11_____

12_____ 13_____ 14_____ 15_____ 16_____ 17_____

18_____ 19_____ 20_____ 21_____ 22_____ 23_____

25_____ 26_____ 27_____ 28_____ 29_____ 30_____

31_____ 32_____ 33_____ 34_____ 35_____ 36_____

37_____ 38_____ 39_____ 40_____ 41_____ 42_____

43_____ 44_____ 45_____ 46_____ 47_____ 48_____

49_____ 50_____ 51_____ 52_____ 53_____ 54_____

55_____ 56_____ 57_____ 58_____ 60_____ 61_____

62_____ 63_____ 64_____
 3. Section 27 is amended to read:
"27. ARCHITECTURAL CONTROL: An Architectural Committee composed of five members shall be established for the purposes of architectural control and variance or adjustment in accordance with this Declaration. Four members of the Architectural Committee shall be appointed by The Homestead Homeowners Association and one member shall be appointed by Buffalo Park Development Co.; provided, however, after Mariposa Associates and Buffalo Park Development Co. have sold all of their Lots within the Subdivision, all members of the Architectural Committee shall be appointed by The Homestead Homeowners Association. Each member of the Architectural Committee shall serve for as long as the organization entitled to appoint the member chooses."


4. All references to "Developer" or "Grantor" concerning architectural control are amended to be replaced with "Architectural Committee"; specifically, all eleven references in Section 4, the one reference in Section 5, the one reference in Section 8, the one reference in Section 9, the first reference only in Section 10, the one reference in Section 14, the one reference in Section 15, the one reference in Section 19 and the one reference in Section 26.

5. Since the Declaration will expire on January 1, 2000, Section 23 is amended to change the year "2000" to "2020".

6. Since the numbering of sections in the original Declaration skipped the number 6, the section numbering is amended after number 5 to maintain numerical sequence, ie. section 7 becomes section 6, section 8 becomes section 7 and so on to the end of the Declaration.

All other covenants and restrictions in the Declaration shall remain the same.

Lot
1_____ 2_____ 3_____ 4_____ 5_____ 11_____

12_____ 13_____ 14_____ 15_____ 16_____ 17_____

18_____ 19_____ 20_____ 21_____ 22_____ 23_____

25_____ 26_____ 27_____ 28_____ 29_____ 30_____

31_____ 32_____ 33_____ 34_____ 35_____ 36_____

37_____ 38_____ 39_____ 40_____ 41_____ 42_____

43_____ 44_____ 45_____ 46_____ 47_____ 48_____

49_____ 50_____ 51_____ 52_____ 53_____ 54_____

55_____ 56_____ 57_____ 58_____ 60_____ 61_____

62_____ 63_____ 64_____