Covenants

AMENDED DECLARATION OF PROTECTIVE COVENANTS

OF

FOXX VALLEY RANCH

EL PASO COUNTY, COLORADO

TO WHOM IT MAY CONCERN:

WHEREAS, Foxx Valley Ranch, a Colorado General Partnership duly authorized to do business in the State of Colorado, they and the other owners listed herein on the signature page of this document, are the owners of the following described real property situated in El Paso County, Colorado, to-wit: W1/2, SW1/4 Section 18; All of section 19, 20, 29, 30 & 32; S1/2, NW1/4 Section 21; W1/2, NE1/4, W1/2, SE1/4 of Section 28 Township 16S, Range 61W; w1/2 of Section 33, Township 16S Range 61W of the 6th P.M.

WHEREAS, the owners are desirous of protecting and preserving the present and future values of the above described property and desire to develop and maintain a quality subdivision, and

WHEREAS, the owners believe it necessary and proper to place the following covenants and restrictions on said property for the mutual protection and benefits of present and future owners of lots in said subdivision,

NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the owners do hereby establish and declare the following covenants and restrictions upon the above described property and do hereby declare that all rights, titles and interest in and to all of the above described property shall henceforth be subject to the covenants and conditions as herein set forth:

I. ARCHITECTURAL CONTROL COMMITTEE

(a) Composition. The Architectural Control Committee (hereafter referred to as the “ACC”) is composed of Declarant or his designated agent. After construction of five (5) complete dwelling units within the subdivision, Declarant shall appoint one (1) additional member of the ACC from among the tract owners to serve for three (3) years, after witch that member of the ACC shall be elected for a minimum three (3) year term by simple majority vote of tract owners. Declarant may thereafter appoint a second additional tract owner ACC member for a similar initial term and subsequent election in similar manner. Declarant shall remain on ACC until all tracts have been sold; however, at its option and timing, Declarant may relinquish full control of the ACC to three (3) tract owners and resign, at witch time all three (3) members will be subject to election as provided herein.

Any elected member of the ACC whose performance is found objectionable by other property owners may be removed by a two-thirds (2/3) majority of the tract owners. In the event of the death or resignation of any elected member of the ACC, Declarant and/or successor to fulfill the remaining term.

(b) Liability of ACC. Neither Declarant, ACC, nor and persons acting therefore, shall be liable in damages to any person submitting requests for approval or to any lot owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such requests or with regard to any other good faith actions taken by the ACC under authorization of provisions

(c) Compensation. Neither the member of the ACC nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant.

(d) Voting. A simple majority vote, or one vote if there is only one member of the ACC, will determine approval or disapproval. The ACC will coordinate and work in concert with each other and report their decisions as a group and not individually.

II. LAND USE, BUILDING SIZE AND TYPE.

Except for areas designated as open space, no tract is to be used for any purpose other than residential or agricultural, unless otherwise specified. No more than one single family dwelling may be erected or placed on any tract with no less than eight hundred (800) square feet of floor area, exclusive of porches and garage, EXCEPT, that one guest house witch shall consist of not more than (600) square feet, nor less that two hundred (200) square feet, exclusive of porches and garage, may be erected in addition to the main dwelling. Square footage requirements may be waived by the ACC for uniqueness of design or building site limitations after individual case consideration. No construction shall be made in violation of any zoning.

III. LOCATION AND NATURE OF STRUCTURES AND APPURENANCES.

No building or appurtenances thereto shall be located nearer than fifty (50) feet from the exterior boundaries of any tract. A variance to this restriction may be granted by the ACC. In case of single ownership of two or more tracts, the covenant shall apply to the partial as a whole.

No septic tank or waste disposal facilities shall be located nearer then fifty (50) feet from the exterior boundaries of any lot and no outside toilets shall be erected or maintained, an lavatories and toilets shall be located inside the principal residences and connected with waste disposal facilities witch meet the approval of the Colorado State Health Department, El Paso County Health Department and the ACC. Septic tanks and leech field disposal systems will be located where acceptable percolation rate and quality can be maintained. Construction material of any fences must be approved by the ACC. Open range will be in effect.

All chimneys and fireplaces shall have protective wire inside the chimney near the top to prevent and burning particles from escaping.

If any structure be abandoned, Declarant and or the ACC shall have the authority to remove all or portions of such structures so as to prevent its being unsightly and a detriment to the area. Notice of intent to remove will be posted on the tract ten (10) day prior to such action, and in the event such removal becomes necessary, the owner of the tract shall be liable for all reasonable costs of such work.

IV. EASEMENTS.

Easements for installation and maintenance of utilities, roadways, snow removal and such other purposes incident to development of the property as reserved and shown by notes on the plan will be kept open and readily accessible for use, service and maintenance by the individual property owners. No motorized vehicles shall be permitted to use any easement right of way.

V. ANIMALS.

No owner shall have more than two (2) livestock animals of any kind (cows, horses, pigs, ect.) per family housed on the property unless the animals have a secondary feeding source, (not to exceed ten (10) total animals per thirty-five (35) acre tract). All animals must be fenced in or under control at all times. Kennels, stables, corrals, poultry of any kind will be permitted on any tract with prior written approval of the ACC.

VI. PRESERVATION OF NATURAL RESOURCES.

No oil, gas, coal, sand, gravel, or other mineral development, drilling, refining, quarrying, mining, crushing, manufacturing, or processing operations of any kind shall be permitted upon or in and portion of the property; nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted, unless such activity is under the control of Foxx Valley Ranch. The foregoing shall not be construed to prevent the drilling of water wells to serve the premises for domestic purposes nor the use of propane tanks.

VII. WELLS

Each residential tract shall contain no more than one (1) water well. No wells shall be drilled on any tract until a permit therefore has been first obtained from the State of Colorado or other regulatory authority, and their requirements thereto having been met. The drilling or use of any well on this ranch in a manner contrary to the provisions of the covenant or contrary to the conditions set forth in violation of these protective covenants. Declarant hereby assigns to officials, the right to enforce the covenants contained in the paragraph VII, as fully as Declarant itself could do.

VIII. HUNTING, FIREARMS, FIREWORKS, AND NUISANCES.

No hunting of any kind shall be permitted in any of the areas covered by these covenants. Further, no use or discharge of firearms shall be permitted within any of the land area herein covered. The use of or discharge of fireworks of any kind in the area covered by these covenants shall also be expressly forbidden. No noxious or offensive activity shall be conducted on any portion of the property, nor shall anything be done which may be or may become an annoyance or nuisance to the neighborhood.

IX. GARBAGE AND REFUSE DISPOSAL

Trash, garbage and other waste shall be kept in sanitary containers. Incinerators can be utilized for the disposal of garbage and trash on the premises. No tract or portion thereof shall be used for dumping trash or garbage. Any items considered unsightly or offensive by the ACC shall be removed by the owner of the tract on witch said items are located. Reasonable preventions shall be taken against fire hazards.

X. Signs.

All signs displayed upon any of the premises or tracts must be first approved by the ACC. This covenant does not preclude the display of builder or realty-type signs, or small professional signs, not to exceed on (1) square foot in area per side. The ACC reserves the right, however, to require modification or removal of signs if they are deemed not to be in keeping with the area and subdivision décor.

XX. STORAGE.

No tract may be used for the storage of property in the open, except that building material intended for use in erection of a building or auxiliary structure on the premises may be kept in the open during the construction period, but not to exceed six (6) months in any event. No motor vehicle of any type shall be permitted to remain on the property in a non-operating condition for more than thirty (30) days in any calendar year. Any such vehicle which does not display current and valid license plates, and safety inspection stickers where required by state law, shall be deemed to be in a non-operating condition.

XII. PROPERTY ASSESSMENT.

The Declarant shall have the right to charge the owner of each tract of land a reasonable sum of money for the purposes of installing utilities, maintain private roads throughout the property and other such uses as shall be deemed appropriate for the improvement of the property, in the sole and absolute discretion of the Declarant. Assessments shall be on a per acre basis. All monies collected shall be held in a trust account and used exclusively for the purposes stated herein. An accounting shall be made to the property owners paying into the account not less than annually. By collecting this assessment, the Declarant, its successors and assigns, assumes no responsibility for the developing, installing, or maintaining the property, or any utilities, private roads, or improvements of whatsoever kind or nature within the property, or any tract contained within the property. The sole responsibility and liability of the Declarant is to see that the money expended for the purposes stated in this paragraph. The sole and exclusive purpose for the collection of this assessment shall be to attempt to pro rate and share the costs of improvements among the several owners of tracts with property.

XIII. PROPERTY OWNERS’ ASSOCIATION.

A Property Owners’ Association may be formed if desired by the owners of tracts in the property, and the sole qualification for membership shall be ownership of a fee interest in any tract in the property. Purposes of such an association could be development and maintenance of private roads, government, installation and maintenance of utilities, maintenance and improvement of signs and properties, recreational enjoyment, development of services and facilities, publicity, enforcement of the protective covenants, ect. If a simple majority of all tract owners elect to form such an association, then all owners agree to and shall become members and be subject to such assessment as may be fixed by the Board of Directors of said property Owners’ Association. Owners shall have one vote for each thirty-five (35) acres owned. The Property Owners’ Association shall have the right to make assessments, witch may be increased or decreased by a majority vote of all owners on an annual basis. Tracts unsold or repossessed belonging to Declarant, its successors or assigns, are non-assessable, but carry one vote for each thirty-five (35) acres owned.

The Declarant shall have the right to turn over the collection of the property assessment to the Property Owners’ Association. Upon such collection being turned over, the Declarant shall have no further responsibility for the collection, use or expenditures of such property assessment. The assessment shall then become a property owners assessment.

XIV. ENFORCEMENT

Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Covenants are for the use, convenience and protection of all property owners. Declarant and the ACC, together or separately, or through authorized agents ot employees further reserve the right, whenever ther shall have been an apparent violation of one or more of the provisions of these covenants and after ten (10) days’ notice to the owner, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner and such entry and abatement or removal shall not be deemed a trespass. Property owners in the property expressly agree to abide by injunctions without necessity of bond, in order to simplify judicial proceedings to remedy covenant violations. In addition, if a judicial action is necessary to prohibit a covenant and a violation is established, the violator(s) shall pay and agree to pay all costs of the enforcement proceedings, including reasonable attorney’s fees. The failure to enforce any right, reservation, restriction, or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior to or subsequent thereto and shall not bar or affect its enforcement. The invalidation by any court or any restriction herein contained shall not in any way affect any of the other restrictions but they shall remain in full force and effect.

The Declarant and/or the ACC shall have the right to record a lien against and property in the event the property owner fails to pay assessments due under these covenants. Declarant and/or ACC is empowered to file such lien if, with thirty (30) days of written notification to owner of amount due, owner has not made payment in full. Such lien will run with the land unless said property is repossessed by Declarant, its successors or assigns, in witch case the lien will be considered null and void and will be released. All liens shall apply to the land and improvements.

XV. GENERAL PROVISIONS

These covenants are to run with the land and shall be binding upon all parties and all parties claiming under them for a period of twenty (20) years from the date hereof, after witch time, said covenants shall be automatically extended for successive periods of ten (10) years. These covenants may be amended by an instrument signed by 75% or more of the then owners of tracts which are subject to these covenants agreeing to said change in covenants, and setting forth the respective changes in the covenants. The signature of only one owner of a tract owned by more than one owner is required for purposes of changing the covenants under this paragraph.

XVI. NOTICES

Any notices required to be given to any owner or other person under the provisions of these Protective Covenants shall be deemed to have been properly given when mailed, postage prepaid, to the last known address of the record owner of the tract in which the member has an interest.

XVII. DECLARANT MAY ASSIGN.

The undersigned Declarant or its successors may assign any and all of its rights, powers, obligations and privileges under this instrument to any other corporation, association or person.

To view a signed and notarized copy of this document go to the archive page. It is all so on file with the county clerks office book 6079 pages 33 through 38.