September 26, 2004
Dale Lake
702 West Quarry Road
Covenants for filings 1, 2, and 3 are compared here, paragraph by paragraph. The paragraphs for each filing are numbered in parentheses. Filing 1 and 2 each have a total of 15 paragraphs. Filing 3 has a total of 19 paragraphs. Those paragraphs that are similar between filings are contained within the boxed areas. Text in red indicates text to be deleted in the next filing. Text in green indicates new text.
Comment: Fence
restrictions were removed from this paragraph for Filing 3 where it was given
its own new paragraph, numbered 2. Filing 3 restricted the size of the
outbuilding and added control for the architectural control committee regarding
guest houses as well as adding a two-story height restriction.
Filing 1: (1) No tract shall be used
for any purpose other than Residential or Agriculture [sic] purpose. No building shall be erected, altered,
placed or permitted to remain on any lot, other than one detached single family
dwelling with necessary garage and outbuildings, which may include a guest
house. All buildings shall be built out of first-class building materials.
Necessary buildings, corrals, water facilities and other structure, for the
purpose of keeping permissible livestock, shall be permitted. No building or structure shall be
constructed which will obliterate the view of any other existing dwelling. No
solid fence shall be constructed in excess of six (6) feet in height.
Filing 2: (1) No tract shall be used for any purpose other than Residential or
Agricultural purposes. No building
shall be erected, altered, placed or permitted to remain on any lot, other than
one detached single family dwelling with necessary garage and out-buildings,
which may include a guest house. All buildings shall be built out of first
class building materials. Necessary buildings, corrals, water facilities and
other structures, for the purpose of keeping permissible livestock, shall be permitted. No building or structure shall be
constructed which will obliterate the view of any other existing dwelling. No solid fence shall be
constructed in excess of 6 feet in height.
Filing 3: (1) No tract shall be used
for any purpose other than Residential or Agricultural purposes. No building shall be erected, altered,
placed or permitted to remain on any lot, other than one detached single family
dwelling with necessary garage and one shelter or
stable not to exceed 600 square feet in size.
A guest house may be permitted with the express approval of the
architectural committee. All buildings shall be built out of
first class materials. Necessary buildings, corrals, water facilities and other
structures, for the purpose of keeping permissible livestock, shall be
permitted. No building or structure
shall be constructed which will obliterate the view of any other existing
dwelling, or exceed two stories in height.
Comment: Filing 3 moved the fence verbiage from paragraph 1 into this new paragraph.
Filing 3: (2) All fencing for road frontage shall be
decorative in nature, and shall be approved by the architectural committee
prior to building of the fence. No
barbed wire or electrical fence shall be maintained around the perimeter of any
lot, and no fencing shall be higher than 4 feet 6 inches above the ground
level.
Comment: No changes between filings except for the paragraph numbering (3) for filing 3.
Filing 1: (2) No structure of a temporary nature, trailer, basement, tents, shacks, garage, barn or other outbuilding shall be used as a family dwelling; except that a furnished apartment in barn or garage building, or a guest house, may be permitted for hired help, or non-paying guests of the owners, provided there is a dwelling on said tract. In no event shall said additional dwelling be rented or used for any purpose other than bona fide guests or hired help of said owners.
Filing 2: (2) No structure of a temporary nature, trailer, basement, tents, shacks, garages, barn or other outbuildings shall be used as a family dwelling; except that a furnished apartment in barn or garage building, or a guest house, may be permitted for hired help, or non-paying guests of the owners, provided there is a dwelling on said tract. In no event shall said additional dwelling be rented or used for any purpose other than bona fide guests or hired help of said owners.
Filing 3: (3) No structure of a temporary nature, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used as a family dwelling; except that a furnished apartment in barn or garage building, or a guest house, may be permitted for hired help or nonpaying guests of the owners, provided there is a dwelling on said tract. In no event shall said additional dwelling be rented or used for any purpose other than bona fide guests or hired help of said owner.
Comment: Lot 1 was
given special attention but is not mentioned in the other filings for obvious
reasons. Filing 3 increased the minimum size for primary structures and added a
restriction to what could be counted as finished area.
Filing 1: (3) The principal dwelling shall have a minimum fully enclosed
ground area devoted to living purposes, exclusive of porches, terraces and
garage, of 1200 square feet; except that where the said principal dwelling is a
1-˝ or 2 story dwelling, the minimum may be reduced to 1000 square feet of
ground floor area, providing that the total living area of the 1-˝ or 2 floors
is not less than 1400 square feet, except Tract No. 1,
which has a minimum of 800 square feet.
Filing 2: (3) The principal dwelling shall have a minimum fully enclosed ground area devoted to living purposes, exclusive of porches, terraces and garage, of 1200 square feet; except that where the said principal dwelling is a 1 ˝ or 2 story dwelling, the minimum may be reduced to 1000 square feet of ground floor area, providing that the total living area of the 1 ˝ or 2 floors is not less than 1400 square feet.
Filing 3: (4) The principal dwelling
shall have a minimum fully enclosed ground area devoted to living purposes,
exclusive of porches, terraces and garage, of 1400
square feet; except that where the said principal dwelling is a 1 ˝ or 2 story
dwelling, the minimum may be reduced to 1200
square feet of ground floor area, providing that the total living area of the 1
˝ or 2 floors is not less than 1600 square
feet. No credit for floor space will be allowed for
any finished area or basement having a finished floor more than 3 feet below
finished grade level.
Comment: “guest house” is specifically mentioned for filing 2 and 3.
Filing 1: (4) No more than one residence is permitted per lot or tract as designated on recorded plat.
Filing 2: (4) No more than one residence is permitted per lot or tract as designated on recorded plat, except aforementioned guest house.
Filing 3: (5) No more than one residence is permitted per lot or tract as designated on recorded plot, except aforementioned guest house.
Comment: Filing 3 building setbacks are 35 feet on all sides. Filing 1 and 2 were allowed 25-foot setbacks on the “side” lot lines.
Filing 1: (5) No building shall be permitted on any building lot nearer to the front building line set back than a minimum of 35 feet, or nearer than a minimum of 25 feet from the side lot line.
Filing 2: (5) No building shall be permitted on any
building lot nearer to the front building line set back than a minimum of 35
feet, or nearer than a minimum of 25 feet from the side
lot line.
Filing 3: (6) No building shall be permitted to be built on any lot nearer than a minimum of 35 feet from all lot lines.
Comment: Bridle paths in filing 1 are the responsibility of the homeowners’ association. In filings 2 and 3 those areas become the responsibility of the adjoining property owners.
Filing 1: (6) Easements and rights of way are hereby reserved for bridle
paths and for poles, wires, pipes, and conduits for lighting, heating,
electricity, gas, telephone and any other utility service purposes, all of
which shall be confined to a strip of land 10 feet in width along all of the
side and rear tract lines of each building site. Within these easements, no structure, planting or other materials
shall be placed, planted or permitted to remain which shall interfere with the flow
of water through the drainage channels in the easements or cause any
interference therewith. The easements
areas of each lot shall be maintained continuously by the lot owners with the
exception of easements designated for use as bridle paths. Any easement designated for use as a bridle
path in conjunction with utilities shall not permit the construction of any
fence, wall, plantings or structure of any type which will interfere in any way
with maintaining a clear right of way in said easement, and maintenance of all
bridle paths shall be by the local homeowners’
association.
Filing 2: (6) Easements and rights of
way are hereby reserved for bridle paths and for poles, wires, pipes, and
conduits for lighting, heating, electricity, gas, telephone and any other
utility service purposes, all of which shall be confined to a strip of land 10
feet in width along all of the side and rear tract lines of each building
site. Within these easements, no
structure, planting or other materials shall be placed, planted or permitted to
remain which shall interfere with the flow of water through the drainage
channels in the easements or cause any interference therewith. The easements areas
of each lot shall be maintained continuously by the lot owners with the
exception of easements designated for use as bridle paths. Any easements designated for use as a bridle
path in conjunction with utilities shall not permit the construction of any
fence, wall, plantings or structure of any type which will interfere with, in
any way maintaining a clear right of way in said easement, and maintenance of
all bridle paths shall be the responsibility of the
adjoining property owners.
Filing 3: (7) Easements and rights of way are hereby reserved for bridle paths and for poles, wires, pipes and conduits for lighting, heating, electricity, gas, telephone and any other utility service purpose, all of which shall be confined to a strip of land 10 feet in width along all of the side and rear tract lines of each building site. Within these easements, no structure, planting or other materials shall be placed, planted, or permitted to remain which shall interfere with the flow of water through the drainage channels in the easements or cause any interference therewith. Any easements designated for use as bridle paths in conjunction with utilities shall not permit the construction of any fence, wall, plantings or structure of any type which will interfere with, in any way maintaining a clear right of way in said easement, and maintenance of all bridle paths shall be the responsibility of the adjoining property owners.
Comment: No changes between filings.
Filing 1: (7) No noxious of offensive trade or activity shall be conducted upon any portion of the property, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the owner of any other portion of the property. Hunting of any kind on any part of the property is forbidden.
Filing 2: (7) No noxious of offensive trade or activity shall be conducted upon any portion of the property, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the owner of any other portion of the property. Hunting of any kind on any part of the property is forbidden.
Filing 3: (8) No noxious of offensive trade or activity shall be conducted upon any portion of the property, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the owner of any other portion of the property. Hunting of any kind, or the discharge of firearms on any part of the property is forbidden.
Comment: No changes.
Filing 1: (8) No temporary structure or portion of any building, basement, garage, or dwelling shall be occupied as living quarters until the exterior of the building has been fully completed, and any building commenced must be fully completed within one year from the start of construction. No temporary structures of any character, trailer, mobile home, basement, shack, tent, garage or barn shall be used on any lot at any time as a residence.
Filing 2: (8) No temporary structure or portion of any building, basement, garage, or dwelling shall be occupied as living quarters until the exterior of the building has been fully completed, and any building commenced must be fully completed within one year from the start of construction. No temporary structures of any character, trailer, mobile home, basement, shack, tent, garage or barn shall be used on any lot at any time as a residence.
Filing 3: (9) No temporary structure or portion of any building, basement, garage, or dwelling shall be occupied as living quarters until the exterior of the building has been fully completed, and any building commenced must be fully completed within one year from the start of construction. No temporary structures of any character, trailer, mobile home, basement, shack, tent, garage or barn shall be used on any lot at any time as a residence.
Comment: No changes.
Filing 1: (9) No sign of any type shall be displayed to the public view on any lot, except signs used to advertise the property for sale, and such sign shall not exceed six (6) square feet in area, and signs placed by the builder or developer offering the property for sale shall be permitted until the area has been completely sold out.
Filing 2: (9) No sign of any type shall be displayed to the public view on any lot, except signs used to advertise the property for sale, and such sign shall not exceed 6 square feet in area, and signs placed by the builder or developer offering the property for sale shall be permitted until the area has been completely sold out.
Filing 3: (12) No sign of any type shall be displayed to the public view on any lot, except signs used to advertise the property for sale, and such sign shall not exceed 6 square feet in area, and signs placed by the builder or developer offering the property for sale shall be permitted until the area has been completely sold out.
Comment: These two
paragraphs are new to filing 3. They make provisions for a Metropolitan
Recreational district and an architectural control committee consisting of
members from the Recreational district.
Filing 1 has a provision for a homeowners’ association but it does not
appear in filing 2 or 3 covenants. Note
that the architectural committee is not associated with the homeowners’
association.
Filing 3: (10) An architectural committee composed of the five Board of Directors of McArthur Ranch Metropolitan Recreational District, or appointed by the chairman of the Board of said District, shall have the right to approve or refuse to approve all plans for new construction or improvements to existing structures. Prior to starting new construction, plans shall be submitted to the architectural committee for approval or disapproval, and for suggestions to be made by the architectural committee. The committee shall take into consideration suitability of the proposed construction, the type of materials of which it is to be built, and the harmony of the proposed construction with the surroundings of the area. It is the intent and purpose that all new construction shall be complimentary to the natural surroundings and protect the seclusion of each home from others, keeping in mind the desires of the lot owner for view or other natural problems which may exist on any specific lot. If the architectural committee fails to disapprove the plans submitted within 14 days after submission, then the plans shall be deemed approved. If any portion of the plans submitted are disapproved by a majority of the architectural committee members, then the plans shall be changed and resubmitted, prior to construction. If plans are disapproved by the architectural committee, their reasons for disapproval shall be provided to the property owner in writing. The architectural committee shall have the authority and may, when circumstances such as topography, property lines, vegetation, geological conditions or for any other suitable reasons dictate, allow reasonable variances of any of these covenants or requirements, providing a majority of the members of said committee vote in favor of said variance. Any variance granted shall be in writing and signed by a majority of said committee.
Filing 3: (11) Each tract is included in McArthur Ranch Metropolitan
Recreational District, and is subject to assessments by the Board of Directors
of said District. Each lot owner shall pay any assessment made by said Board of
Directors of the McArthur Ranch Metropolitan Recreational District, for use,
maintenance, and construction of recreational facilities in the recreational
areas provided by said District, within 30 days after said assessment has been
made. A lot owner is defined as being
any person who has a right to possession of said lot, either through contract,
deed, lease, or any other legal agreement giving him the right of
possession. Each lot owner agrees to
comply with all the rules and regulations governing the use and maintenance of
the recreational facilities propounded by the Board of Directors of McArthur
Ranch Metropolitan Recreational District, including the payment of the assessments
previously mentioned. Said assessment
shall not exceed the sum of $10.00 per month, or $120.00 per year, without a
vote of all the property owners in McArthur Ranch Metropolitan Recreational
District. Each lot owner shall be
entitled to one vote for each lot that he owns in any such election in regard
to assessments. Should any assessment
not be paid within 30 days after it is billed by the Recreational District
Board of Directors, then said assessment shall bear interest at the rate of 6%
per annum, and if not paid within 12 months from the date of the assessment,
the assessment may be collected in an action at law, and use of the
recreational facilities by such lot owner or owners may be prohibited, until
such time as the assessments are brought up to date. Further, all costs, including Court costs and attorneys’ fees to
collect such assessment, shall be made a part of any judgment rendered to
collect the assessment and shall be paid by the lot owner.
Comment: Nearly the same from filing to filing but filing 3 states that animals must be confined and must not destroy the natural grasses.
Filing 1: (10) Although this land is agriculturely [sic] zoned, there are certain types of animals which shall not be permitted; such as goats and swine. Dogs, cats and other household pets and grazing animals may be kept so long as they are not kept for commercial purposes.
Filing 2: (10) Although this land is agriculturaly [sic] zoned, there are certain types of animals which shall not be permitted; particularly goats and swine. Dogs, cats and other household pets and grazing animals may be kept, so long as they are not kept for commercial purposes.
Filing 3: (13) Although this land is zoned rural residential, certain types of animals shall not be permitted, such as goats and swine. Dogs, cats and other household pets and two grazing animals may be kept on each lot so long as they are confined, and do not totally destroy the natural grass, and are not kept for commercial purposes.
Comment: “concealed from view” added in filing 3.
Filing 1: (11) No portion of the property shall be used or maintained as dumping ground for rubbish, trash, garbage, junk cars, machinery, and other waste. Trash, garbage, and other waste shall be kept in sanitary containers. All incinerators and equipment for storage and disposal of such material shall be kept clean and sanitary.
Filing 2: (11) No portion of the property shall be used or maintained as dumping ground for rubbish, trash, garbage, junk cars, machinery, and other waste. Trash, garbage, and other waste shall be kept in sanitary containers. All incinerators and equipment for storage and disposal of such material shall be kept clean and sanitary.
Filing 3: (14) No portion of the property shall be used or maintained as dumping ground for rubbish, trash, garbage, junk cars, machinery, and other waste. Trash, garbage, and other waste shall be kept in sanitary containers. All incinerators and equipment for storage and disposal of such material shall be concealed from view and kept in a clean and sanitary condition.
Comment: New to filing 3.
Filing 3:
(15) Tri-County Health Department and State Water Pollution Control have the
right of approval for the type of sewer disposal system to be used on each
individual tract. Each individual tract
must be specifically engineered as to the type of system which will be
necessary for each tract, as some tracts are not suitable for normal septic
tanks.
Comment: No changes.
Filing 1: (12) These covenants are to run with the land, shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument, signed by the majority of the then owners of the lots, has been recorded, agreeing to change said covenants in whole or in part.
Filing 2: (12) These covenants are to run with the land, shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument, signed by the majority of the then owners of the lots, has been recorded, agreeing to change said covenants in whole or in part.
Filing 3: (16) These covenants are to run with the land, shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument, signed by the majority of the then owners of the lots, has been recorded, agreeing to change said covenants in whole or in part.
Comment: This paragraph does not appear in filings 2 or 3. It specifically mentions a date (1969) for the end of maintenance of roadways. The maintenance of bridle paths seems to not have a termination date. It has a “unanimous vote” restriction which would probably prevent anything from every being changed.
Filing 1: (13) A homeowners’ association is hereby established to
provide services not provided by governmental authorities. All owners of lots in Filing No. 1 of
McArthur Ranch shall be members of said association and shall be entitled to
one vote for each lot owned in the conducting of the affairs of said
homeowners’ association. The purpose of
the association is to maintain existing roadways until January, 1969, and,
thereafter, if necessary, and to provide maintenance of all bridle paths for
the term of these covenants. Additional
recreational improvements or facilities may be made by said homeowners’
association; such as swimming pools, tennis courts, etc., upon unanimous vote
of the then members of the association, at the time of the approval of said
additional recreational facilities.
Comment: Overhead power lines were forbidden in filings 2 and 3.
Filing 1: Absent
Filing 2: (13) All utilities including telephone and public service utilities shall be underground, and any lot which is not in a designated underground area, by the Public Service Company of the state of Colorado, shall bury any underground service laterals necessary to serve the property. No overhead service laterals will be permitted to any lot.
Filing 3: (17) All utilities, including telephone and public service utilities shall be underground, and any lot which is not in a designated underground area, by the Public Service Company of the State of Colorado, shall bury any underground service laterals necessary to serve the property. No overhead service laterals will be permitted on any lot.
Comment: About the same for all filings but with some more specific wording added for filing 3.
Filing 1: (14) Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants; either to restrain violation, or recover damages.
Filing 2: (14) Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants; either to restrain violation or recover damages.
Filing 3: (18) Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any of these covenants. Judgement shall be either to restrain the violation through injunctions or to recover damages, or both.
Comment: No changes.
Filing 1: (15) Invalidation of any one of these covenants by judgment or court order shall in no wise [sic] affect any of the other provisions which shall remain in full force and effect.
Filing 2: (15) Invalidation of any one of these covenants by judgment or court order shall in no wise [sic] affect any of the other provisions which shall remain in full force and effect.
Filing 3: (19 ) Invalidation of any one of these covenants by judgment or Court order shall in no wise [sic] affect any of the other provisions which shall remain in full force and effect.