Crystal Park First Filing Covenants

KNOW ALL MEN BY THESE PRESENTS : That the undersigned, being the owner in fee simple of all of the lands in Crystal Park, First Filing, a subdivision located in Larimer County, Colorado, does hereby establish these Protective Covenants for the benefit and protection of said Crystal Park, First Filing, and of the undersigned, and of each and every person hereinafter acquiring ownership of land therein.

          1.       ARCHITECTURAL CONTROL : No building or other structure including but not limited to dwellings, sheds, garages, outbuildings, or fences, shall be erected, placed or altered on any site until the plans and specifications and a plot plan showing the location of the structure have been approved by the Architectural Control Committee, which plans among other things, shall show the type of exterior material, exterior design, existing structures and location of the structure with respect to the typography and finish grade elevations.

Should the Architectural Control Committee or its successors or assigns fail to approve or disapprove the plans and specifications submitted to it by the owner of a tract or tracts within the subdivision, within thirty (30) days, after written request therefore, then such approval shall not be required and shall be deemed to have been given; provided however, that no building or other structure shall be erected or allowed to remain on any tract which violates any of these covenants or restrictions.

At the same time said plans and specifications receive approval, the building or owner shall proceed diligently with the building, and the same shall be completed within the minimum period of one year’s time from the date of approval by the Architectural Control Committee. The Architectural Control Committee shall be composed of William Mutter, Arnold Davis and Robert J. Harrington. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any of the members of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, not its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.

          2.       LAND USE AND BUILDING TYPE : No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain o any lot other than one detached single family dwelling and private garage, attached or detached, for not more than 3 cars.

          3.       DWELLING SIZE : Any dwelling house shall occupy floor area of not less than 600 square feet. The Architectural control Committee may, at its discretion, permit dwellings of less than 600 square feet. In computing such minimum area, the area of open porches, car ports and garages shall not be included.

          4.       BUILDING LOCATION : The location of any building upon the site shall be with the approval of the Architectural Control Committee, and no building shall be placed so as to interfere with any easements.

          5.       RESUBDIVISION : No further subdivision of any tract as shown on the plat shall be permitted except on the prior approval of the Architectural Control Committee. In no event shall any tract be less than four acres.

          6.       EASEMENTS : There shall be an easement thirty feet in width along, adjacent to and parallel to all streets and roads and along all exterior boundaries of the subdivision; and there shall also be easements wherever the same shall be delineated on the plat, if any.

          7.       A TEMPORARY RESIDENCE : No structure of a temporary character, trailer, basement, tent or accessory building shall be used on any tract as a residence, except that one trailer, tent or pick-up camper may occupy a lot for a period not to exceed three months during any calendar year.

          8.       WATER : All water, wells and sewage disposal systems laced upon any lot shall comply with the requirements of the State of Colorado Health Department and the Health Department of Larimer County, Colorado. Any residence constructed on any lot shall, if so permitted, be connected with any public or community water or sewage disposal system which may hereafter be formed or created to serve the subdivision so long as said public system is in existence and makes services available to the lot.

          9.       CLEARING OF TREES : Approval shall be obtained from the Architectural Control Committee to cut down, clear or kill any trees on any tract except those trees which are located on that portion of a parcel of land which will be occupied by a dwelling which is approved by the Architectural Control Committee.

          10.     PRIVATE AUTOMOBILES : No inoperative private automobiles, machines or rubbish shall be placed and remain on any lot for more than thirty (30) days unless stored or pared in a car port.

          11.     NUISANCE : Nothing shall be done or permitted on any tract which may become annoying or a nuisance to the neighborhood. No obnoxious or offensive activities or commercial business or trade shall be carried on upon any tract except professional offices such as that of a doctor, lawyer, dentist or engineer may be maintained within the main dwelling upon the specific approval of the Architectural control Committee.

          12.     REFUSE AND RUBBISH : Rubbish, garbage and other waster shall be kept and disposed of in a sanitary manner. No tract or easement shall be used or maintained as a dumping ground for rubbish unless so delineated as such on the plat. All containers or other refuse shall be kept in a neat, clean sanitary condition. Burning of trash shall be permitted only in containers designated for that purpose and at such time of the year as it shall not constitute a fire hazard.

          13.     DURATION OF RESTRICTION : The foregoing agreement, covenants, restrictions and conditions shall run with the land; shall be binding upon all persons now owning property in the above described subdivision and persons hereinafter purchasing said parcels of land; and shall be in effect for a period of twenty (20) years from and after the date of these covenants, after which period said covenants shall cease to have any further force or effect unless owners of more than 50 percent of the total area shall elect in writing to continue for an additional twenty (20) year period, at which time these covenants shall ceased to be and be of no further force or effect.

          14.     ENFORCEMENT : Enforcement of these covenants shall be by appropriate proceedings by law or in equity against those persons violating, or attempting to violate any covenants or covenants. Such judicial proceedings shall be for the purpose of removing a violation, restraining a future violation, for the recovery of any damages for any violation, for the recovery of any assessments due the Crystal Park Subdivision, or for any such other and further relief as may be available.

          15.     SEVERABILITY : In the event that any one or more of these covenants shall be invalid or of no further force or effect by any court the remaining covenants shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this 7^th day of 1971.

LEE E. STUBBLEFIELD by DONALD B. WEIXELMAN, his attorney in fact

Declaration of Protective Covenants

CRYSTAL PARK FIRST FILING

          It is covenanted and agreed by the subdividers, their heirs, successors and assigns that all utilities including water, sewer, gas, power and telephone, drainage and fire protection shall be constructed and/or maintained by the property owners or the particular utility owners; and that the County of Larimer is in now way responsible for providing any services with this subdivision.

          It is covenanted and agreed by the subdividers, their heirs, successors and assigns that ten foot (10') easements are to be provided along all sides and rear lot lines whether shown on the drawing appearing on sheet 1 of 2 or not. It is further covenanted and agreed that easements not to exceed twenty feet (20') in width will be provided without cost across any lots in this subdivision upon request by any licensed utility company provided said easements are not within twenty foot (20') of any existing or planned structure and/or that said easement description is signed by the owner or owners of record of the lot in question.

          It is covenanted and agreed by the subdividers, their heirs, successor and assigns that all roads within this subdivision and the access roads through Roosevelt National Forest land shall be constructed and maintained by the owners of this subdivision unless the Board of County Commissioners accepts these roads as stated below and that all roadways will have a deeded Right-of-way of fifty (50') and all cul-de-sacs or roadways that enter the Roosevelt National Forest land will have a fifty foot (50') radius turn-around.

          Further Protective Covenants for this subdivsion are as filed contemporaneously herewith in the office of the County Clerk and Recorder of Larimer County, Colorado.

CRYSTAL PARK ROAD MAINTENANCE AGREEMENTS

          KNOW ALL MEN BY THESE PRESENTS that the undersigned, LEE E. STUBBLEFIELD, being the owner of the following described parcel of land, to-wit : CRYSTAL PARK - FIRST FILING do hereby make this declaration of covenants which shall be applicable to the hereinabove described parcel of land :

          1.       Lee E. Stubblefield shall hereinafter be referred to as Developer, and his grantees, successors and assigns shall hereinafter be referred to as Tract Owners.

          2.       Developer will construct and repair the existing roads leading to and on the property and continue to maintain the same through December 31, 1971.

          3.       The Tract Owners, from and after December 31, 1971, will be obligated to maintain the roads and to bear the costs thereof. The amount of the costs shall be paid by each Tract Owner and will be determined by dividing the total cost of maintenance by the total number of Tract Owners. For purposes of this determination, persons owning property in joint tenancy or in tenancy in common will be considered to be the Owner of one (1) tract of land.

          4.       At not time shall any Tract Owner be obligated to pay more than Twenty Dollars ($20.00) in any one year for road maintenance. This provision may be waived by the express consent of any Tract Owner who wishes to pay in excess of said amount.

          5.       The decision of 66-2/3 per cent of the Tract Owners shall determine the nature, type and amount of work which shall be done towards road maintenance and repair, and all the Tract Owners shall be obligated by the decision of 66-2/3 per cent of the Tract Owners, the maximum cost thereof not to exceed Twenty Dollars ($20.00) per year, except as herein above provided.

          6.       In the event that an expense shall be incurred for road maintenance, any Tract Owner may enforce the terms and conditions of this agreement in any court of law or equity, and may obtain a judgement thereof.

          7.       It is covenanted and agreed that the taxes and conditions of this agreement shall be for the mutual use and benefit of all the present and future Tract Owners and that this agreement shall constitute covenants which run with and are attached to the land.

          8.       All payments shall be made to the Architectural Control Committee, as provided by the Protective Covenants as filed upon this Subdivision. In the event that said Architectural Control Committee shall fail or refuse to act, the Tract Owners, themselves, may by a 66-2/3 per cent majority vote of the Tract Owners, determine to whom payments are to be made and the manner and time of payments.

          9.       In the event that any one Tract Owner shall own more than one (1) lot as designated on the Plat of this Subdivision, he shall nevertheless be considered to be one (1) Tract Owner for the purposes of this agreement. In the event that any lot shall be subdivided, then each of the owners of the various subdivisions of the lot shall be considered a Tract Owner.

          IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7^th day of July, 1971.

Signature on file for LEE E. STUBBLEFIELD by DONALD B. WEIXELMAN, his attorney in fact