COVENANTS CONTAINED ON PLAT OF GLACIER VIEW, FOURTH FILING  

NOTE: Maintenance of all roads, parks, and other common facilities within this subdivision shall be the responsibility of all property Owners within this subdivision through the Glacier View Road and Recreation Association. Failure to adequately maintain these roads, parks, and other common facilities shall result in a lien upon the lots affected.

Lots 1 thru 5 shall not have direct access to County Road No. 74 E.  

Telephone service is not provided for in this subdivision.  

No buildings Are permitted within drainage areas.  

All roads shown on this plat, except County Read No. 74E, are private, for the private use and benefit of the lots and their invitees, however, all roads shown on this plat are to be reserved as perpetual easements for the installation and maintenance of utilities and drainage facilities. Also, all easements shown on this plat are hereby reserved as perpetual easements for the installation and maintenance of utilities, irrigation, and drainage facilities.  

NOTE: Tracts A, B, C, D, E, F, G and H, shown on this plat, are hereby reserved for utility purposes and may be used by the Glacier View Meadows Water and Sewer Association.

PUBLIC HEALTH COVENANT: All lots shall be under the jurisdiction of the Glacier View Meadows Water and Sewer Association, a Colorado Corporation, and may be required to connect to and utilize the facilities of a community water supply and sewage treatment system in accordance with the rules of the Association.  

Those systems that are not served by the community water supply and sewage system must be designed by a registered engineer and approved by the Association and the Larimer County Health Department. Permits for all sewage disposal systems must be obtained from the Larimer County Health Department before installation.  

APPROVED: By the Larimer County Board of County Commissioners on this Ist day of March, A.D., 1976. All dedications are hereby accepted on behalf of the public. This approval does not constitute acceptance of responsibility by the County for the construction, repair, or maintenance of any streets, highways, alleys, bridges, right-of-way or other improvements designated on this Plat.

APPROVED: By the Larimer County Health Authority this 8th day of March, A.D., 1976. All construction on this subdivision, or any lot therein, including the development of domestic water, and the provision of sewage treatment shall be done in a manner which will meet all of the requirements of the Colorado Department of Health and the Larimer County Public Health Department and the officers authorized to enforce such requirements.  

SUPPLEMENTAL DECLARATION OF PROTECTIVE COVENANTS FOR

GLACIER VIEW MEADOWS SUBDIVISION, FOURTH FILING 

KNOW ALL MEN BY THESE PRESENTS that this Supplemental Declaration of Protective Covenants is made this 24th day of November, 1975, for the following described parcels of land:

All of Glacier View Meadows Subdivision, Fourth Filing 

hereby adopting, ratifying, confirming and incorporated herein the provisions of the Protective and Design Covenants Master Declaration for Glacier View Meadows recorded in the office of the Clerk and Recorder of Larimer County, Colorado, under reception number 42093, and further in addition thereto establish the following supplemental covenant thereto:  

1.           TYPE OF BUILDING: No building shall be erected or permitted to remain on any portion of the property hereinabove described other than a single family resident with a garage either attached or detached, which garage shall not be for more than two vehicles. Appropriate out-buildings shall be permitted with the written approval of the Architectural Control Committee.  

2.           DWELLING HEIGHT: The maximum dwelling height shall be 35 feet or two (2) levels. Building height shall be considered as the vertical distance from the average finished ground level of the building site to the highest point of the structure directly above said ground level. The designated maximum building height requirement may be waived by the Architectural Control Committee when in their opinion such structures relate to sound architectural planning and land use, and conform to the overall design and pattern of the development.  

3.           DENSITY: Not more than one residence may be built upon any lot or portion thereof.  

4.           HOME OCCUPATIONS: Home occupations shall be permitted with the prior written approval of the Architectural Control Committee.

5.           ROADS: All roads within the subdivision shall be considered as private roads for the private use of the owners of the tracts comprising the subdivision and such roads are not public dedicated roads, except where otherwise indicated delineated as public roads on the plat. The maintenance of the private roads shall be the responsibility of the Glacier View Road and Recreation Association, and each of the owners shall be liable for prorata charges assessed by said Glacier View Road and Recreation Association which charge shall not exceed the annual charge of $100.00 for each membership. Said cost and charges shall be payable to the Glacier View Read and Recreation Association at its registered office. In the event that any tract owner shall fail to maker his annual payments as herein provided, said annual assessment New be collectible in a court of competent jurisdiction and shall become a lien upon the land. The rules, regulations and by-laws and articles of incorporation of the Glacier View Road and Recreation Association shall govern the construction, operation and maintenance of roads and recreational facilities. This covenant shall run with and be binding upon the land, and may be removed only with the approval of the County of Larimer. 

6.           TRAILS: Certain easements have been designated on the plate of Glacier View Meadows Subdivision Fourth Filing, as "Foot Trails" and "Riding Trails." Said easements shall remain unobstructed for the joint use of the members of the Glacier View Road and Recreation Association. Trails designated as "Foot Trails" shall be used only for foot or pedestrian use and horses shall not be permitted. Trails designated as "Riding Trails" shall be used only for pedestrian or foot use and persons riding horses.  

7.           HORSES: Horses, for personal use of the residents, may be kept and maintained for their personal use, upon the hereinafter described following lots, pursuant and in accordance with rules and regulations as the Architectural Control Committee may from time to time designate. Said horses shall be maintained in a good and husbandlike manner and the property shall not be overgrazed (in the exclusive opinion of the Architectural Control Committee). All stable areas shall be constructed and maintained in accordance with such rules and regulations as the Architectural Control Committee may from time to time designate. Commercial riding and boarding operations are expressly prohibited. Lots permitting horses are as follows; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 17, 18, 19, 20, 21, 22, 29, 30, 31, and 32.

8.           MANAGEMENT AND MAINTENANCE OF GREENBELT AREAS: The management and maintenance of those areas designated an the plat of Glacier View Meadows Subdivision, Fourth Filing, as "greenbelt areas" or "open space" shall be managed and maintained by the Glacier View Road and Recreation Association. Said management and maintenance shall be pursuant to and subject to the terms and provisions of an agreement limiting or defining the use thereof, between Glacier View Meadows Development Company and Glacier View Road and Recreation Association, or any amendments thereto or any agreements hereafter entered into.  

SUPPLEMENTAL DECLARATION OF MASTER DECLARATION

OF GLACIER VIEW MEADOWS WATER AND SEWER ASSOCIATION

KNOW ALL MEN BY THESE PRESENTS that this Supplemental Declaration of Protective Covenants is made this 22nd day of March 1976, for the hereinafter described parcels of land in Glacier View Meadows Fourth Filing ratifying, confirming and incorporating herein the provisions of the Glacier View Meadows Water and Sewer Association, Master Declaration dated February 20, 1976 and recorded in Book 1687 at Page 163 of the records of the Clerk and Recorder of Larimer County, Colorado. 

(1)          All lots in Glacier View Meadows Fourth Filing shall be subject to the Glacier View Meadows Water and Sewer Association amended Master Declaration for both water and sewer.

(2)          This declaration may be amended with the approval of the majority of the aforementioned lot owners and the Board of County Commissioners of the County of Larimer.

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seats the year and date first above mentioned.

GLACIER VIEW ROAD & RECREATION ASSOCIATION RULES & REGULATIONS  

GENERAL: The Road and Recreation Office is located on Mt. Evans Court, near Firehouse #1 at Red Feather Lakes Road and Green Mountain Drive (gate 8). Office hours are 0:00 A.M. to 4:30 P.M. Tuesday through Saturdays. Hosts are responsible for actions of their guests.  

ANIMALS: All domestic animals must at all times be under the control of the owner. Glacier View Meadows Road & Recreation Association supports the Larimer County Animal Control Laws and Enforcement. Copies of ordinances concerning animal control can be obtained at the Glacier View Office.

It is unlawful for any person to knowingly or negligently allow or direct an animal which he owns or which is under his control to harass wildlife. To report wildlife harassment, call the Division of Wildlife 484-2836. If possible have several neighbors call in or get the animals on video or cassette tape as it is very helpful to the responding officer.

CAMPER/TRAILERS: The Protective Covenants of Glacier View Meadows limit the amount of time temporary dwellings such as camper/trailers may occupy GVM lots which is for a period not to exceed six(6) months during any calendar year. Property owners bringing campers/trailers into Glacier View must register them at the Association Office.

FISHING REGULATIONS: The daily bag and possession limits for fish taken from Glacier View Meadows waters (Batterson, Crellin, and Riddle Lakes) is three (3) per angler and eight (8) per lot ownership unit, including members, guests, and children.

Members and guests will have their current Road and Recreation membership (guest) cards displayed on their persons while fishing.

Annual guest fishing permits, up to (4) four per lot ownership, obtainable at the office at a charge of $10.00 per permit, allow guest(s) to fish Glacier View Lakes.

To keep Glacier View waters free of trash fish, use or possession of live minnows or dead fish of any species classified as bait fish is prohibited. Chumming or baiting is also prohibited. No more than one (1) rod and line or hand line may be used by any angler, and it must be personally attended.

Colorado fishing licenses are not required for fishing in Glacier View waters but such license or a voucher from the R&R office verifying that the fish were taken from private waters is needed before the fish may be taken from Glacier View Meadows lands. Lacking license or voucher, persons transporting fish are subject to arrest by officers of the Division of Wildlife,

Fish caught in excess of prescribed limits will be released if alive, or they will be confiscated. Further monetary penalties and restriction of privileges may be assessed.

HORSES: Saddle horses and riders are expected to travel on the roads and trails specifically approved for their use. Horses are not to be ridden or led across a private lot without permission of the owner.

HUNTING: Hunting, capturing, or killing vertebrate wildlife other than fish is forbidden within the boundaries, including all greenbelts, of Glacier View Meadows at all times. The only exceptions are actions taken by proper authorities in the interest of public safety, to destroy severely disabled animals, and actions taken to aid structures of vermin. Proper authorities include all law enforcement officials acting in an official capacity and, if delegated by the Colorado Division of Wildlife, the Manager of Glacier View Meadows Road and Recreation Association.

Members see reminded that trespassing while hunting is severely punished by the Division of Wildlife and that there are very few rights of ways other than our established roads whereby one can go from GVM to land open to hunting. It is the member’s responsibility to inform their guest regarding public vs private property.

During Big Game Hunting seasons, guest hunters must display guest cards (not merely letters of introduction) or be accompanied by their respective hosts who must carry their membership cards. Members an Guest must possess a signed, by the landowner, letter of access to travel across private land not owned by the member. The letter shall include the date of signature and specific dates that the access has been granted for. BLANKET ACCESS LETTERS ARE NOT ACCEPTABLE. Violations will be reported to the Division of Wildlife. Verbal approval is not sufficient proof of the right of access. Violators can be reported to authorities for trespassing. Violations will result in monetary penalties and limitations of privileges.

NUISANCE: Procedures for dealing with violations of Covenant 4.17 will be as follows:

              1.           Upon notification of a violation of Covenant 4.17, the Manager will, within a reasonable period of time, do a personal investigation to verify the existence of a violation. If a violation does exist, the Manger will notify the violator, in writing, of the violation. The Manager will also detail the steps necessary to correct the violation. The violator will be given a period of two weeks to correct the violation.

              2.           At the end of two weeks, the Manager will verify that the violation has been corrected. If not, the Manager will direct our Board Attorney to send a certified letter to the violator. In said letter our Attorney will identify the violation, detail steps necessary to correct the violation, and notify the violator of an additional two week period to comply. The Attorney will also notify the violator of the existence of a monetary fine for noncompliance.

              3.         At the end of the additional two week compliance period, the Manager will again verify that the violation has been corrected. If not, the violator will be fined in accordance with the Glacier View Road and Recreation Association Uniform Schedule of Penalties.

              4.         Under extenuating circumstances and upon recommendation by the Manager, the Board may modify the above meet compliance periods by a majority vote of the Board.

SHOOTING AND FIREWORKS: The shooting firearms on or over areas within the boundaries, including greenbelts, is forbidden at all times. Exceptions include only self protection or actions of proper authorities in the interest of public safety or to destroy severely disabled animals. Proper authorities include all law enforcement officers acting in an official capacity and, if delegated by the Colorado Division of Wildlife, the Manager of Glacier View Road and Recreation Association.

No fireworks of any sort may be discharged on or over areas within the boundaries of Glacier View Meadows at any time.

TRAFFIC AND VEHICULAR: Glacier View Meadows road are private roads maintained by and for the members of Glacier view Road and Recreation Association. All vehicles shall bear the current GVM membership emblem. Any member has the authority to remind anyone of apparent violations of theme regulations, and to forward details, including tho vehicle license number, to the Board of Directors.

All vehicles, automobiles, trucks, tractors, motorcycles, motor bikes, scooters, mopeds, all-terrain vehicles, and snowmobiles must comply with the following regulations at all times.

Speed Limit: All Glacier View Meadows roads are 25 miles per hour or less as conditions dictate.

Vehicles must meet all Colorado safety specifications. Specifically, the muffler, brakes, steering, lights (including stop, turn, and backup signals), and horn must be in effective working order. Vehicles must travel only on established roads.

As a special safety precaution, small, low-profile vehicles--all vehicles likely to be operated by children--including motorcycles, scooters, mopeds, all-terrain vehicles, snowmobiles, and bicycles must carry pennants. The pole must fly the pennant seven feet above the ground. The pennant's color must be international orange, and each pennant must bear the filing and lot number of the responsible property owner in black numerals 3" high. Pennants and poles may be obtained at the Association office at cost.

TRASH FACILITY: The trash facility is located in the first filing east of the association office. The facility is on a payer use basis.

The Compactor is for household garbage only, The following items shall not be disposed of in compactor:

Hazardous Materials, Household Chemicals, Construction Materials, Iron or Metal, Tree Branches, Appliances, Furniture or Automobile parts/tires.

For other than household trash please call the Larimar County Landfill at 498-5770.

Recycling: A recycling bin is provided by Larimer County and is located in the first filing next to the trash facility. The bin is for Newspapers, aluminum & metal cans, glass jars and bottles and #1&2 plastics. Only newspapers need to be separated.

PENALTIES:

Please obtain a copy of the uniform schedule of penalties at the office.

In accordance with the Bylaws of the Road and Recreation Association, Article VII, Section 3, members are responsible for all penalties levied as a result of the action of the member or the member’s quest’s).

* * * R&R Rules a Regulations revised 5/91, 8/93, 3/94, 9/95, 4/98. * * *

PROTECTIVE AND DESIGN COVENANTS

MASTER DECLARATION

FOR

GLACIER VIEW MEADOWS

              KNOW ALL MEN BY THESE PRESENTS: That this Master Declaration of Protective and Design Covenants made this day of , 1972 for all such lots, tracts or subdivided areas filed in the records of Larimer County, Colorado and known as Glacier View Meadows, as may be designated by this Master Declaration or any Supplemental Declarations which may be recorded in addition hereto affecting separate plat filings of Glacier View Meadows setting forth specific regulations within such separate subdivision plat filing, which together with this Master Declaration shall constitute the Protective and Design Covenants of Glacier View Meadows.

              NOW THEREFORE, in consideration of the acceptance hereof by the purchasers and grantee(s), their executors, administrators, successors, and assigns and all persons or concerns claiming by, through or under such grantees of deeds to such lots or parcels in Glacier View Meadows Subdivisions as may be designated by the subdivider and which shall adopt these covenants. It is hereby declared that each and every person who shall be or who shall become owners of any of said lots that Siad lots, in addition to the regulations of the county of Larimer, Sate of Colorado, shall be and are hereby bound by the covenants set forth in these presents and that the property to which these restrictions are applicable shall be held and enjoyed, subject to and with the benefit and advantage of the restrictions, limitations, conditions and agreements as set forth in this Master Declaration and any Supplemental Declarations hereto.

I. PURPOSES

1.1 General : This Master Declaration or any Supplemental Declaration as may be applied to lots, tracts or subdivided areas n Glacier View is designated for the purposes of providing for the preservation of the values and amenities of Glacier View Meadows, to establish certain standards so as to secure the full benefit and enjoyment of an individual’s homes and/or property, to insure the lasting beauty and investment value of the area and to provide for the maintenance of open spaces and other common facilities.

1.2 Particular : This Declaration and all applicable Supplemental Declarations are executed to define and describe certain provisions, covenants, conditions, and restrictions which may be made applicable to some or all property in Glacier View Meadows; to provide for adequate management to perform certain obligations with respect to some or all of the property within Glacier View Meadows; and to establish the manner and extent to which property may be made subject to the provisions set forth in this Declaration or may be made subject to the provisions set forth in this Declaration or may be subject to additional or different provisions, covenants, conditions and restrictions and to establish the effect of such.

II. DEFINITIONS

2.1 Definitions in General : For purposes of this Declaration and all Supplemental Declarations, certain terms and words are herein defined. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural include the singular. The word “shall” is mandatory and not permissive; the word “structure” includes the word “building”. The following additional words and phrases shall have the following meanings :

2.2 Architectural Control Committee : The Committee made up of or appointed by the Subdivider for the purposes of maintaining, a style and nature of building design which is architecturally harmonious with the physical character of the area.

2.3 Association : Association shall mean Glacier View Meadows Association, Inc., a Colorado corporation not for profit, to be formed and incorporated to be and constitute the Association to which reference is made in this Declaration and to further the common interests of some or all owners of any real property which may become subject to the provisions of this Declaration or in any amendments or supplemental declarations made hereto.

2.4 Building : See Structure.

2.5 Committee : The Architectural Control committee for Glacier View Meadows.

2.6 Common Open Spaces : Common Open Space shall mean any parcel of property designated on a recorded plat or described in a recorded instrument which is clearly identified and designated as “common Open Space”.

2.7 Condominiums : Any building constructed where certain lands and/or improvements are held in common ownership by participating individuals under mutual agreement as governed by the laws of the condominium Ownership Act of the Sate of Colorado, or other applicable laws, or by mutual agreement between the parties.

2.8 Declaration : Declaration shall mean this document and any amendments or supplemental declarations made thereto.

2.9 Dwelling : Any structure or portion thereof which is designed and used exclusively for residential purposes.

2.10. Dwelling - Multiple Family : A structure consisting of two or more dwelling units.

2.11. Dwelling - Single Family : A structure consisting of one dwelling unit.

2.12. Dwelling Unit : One or more rooms in a swelling designed for occupancy by one family.

2.13 Grade Level : The average of the ground levels or a lot, prior to construction thereon, measured at the center of all walls of a building.

2.14 Landscaped Easement : Landscaped easement shall mean any portion of any lot or other parcel of property designated on a recorded plat or described in a recorded instrument as “Landscaped Easement”.

2.15 Lot : A lot shall man any parcel of property shown on a recorded plat as a lot, tract or parcel or so described in a recorded instrument. The term lot is in contradistinction of land identified on any recorded plat or described in any recorded instrument as common open space, landscaped easement, easement, or right-of-way.

2.16 Off-Street Parking Space : Off-street parking shall be of two classifications : (1) Surface off-street parking; (2) covered or underground off-street parking. An off-street parking space shall consist of the following area requirements:

(1) A surface off-street parking space shall consist of at least 200 square feet of area for parking of the vehicle and snow storage. In addition, adequate space shall be provided to allow for proper ingress, egress and vehicle maneuvering; however, the gross area requirements for off-street parking shall consists of not less than 400 square feet per parking space.

(2) A covered or underground off-street parking space shall consist of at least 200 square feet of area for parking of the vehicle. In addition, adequate space shall be provided to allow for proper ingress, egress, vehicle maneuvering; however, the gross area requirements for off-street parking shall consist of not less than 300 square feet per parking space.

2.17 Property : Property shall mean any land or improvements which now or may hereafter be subject to the Declaration including lots, tracts or parcels and any other property under any other designation, including public or private streets, roads, easements or ways and including any and all improvements on any of the foregoing.

2.18 Structure : Any building constructed or erected for the support, shelter or enclosure of persons, animals or chattels, but not including fences, walls used as fences or retaining walls less than six (6) feet in height, but shall include swimming pools.

2.19 Structure Alteration : Any change in the supporting members of a building, such as bearing walls, partitions, columns, beams, girders or any complete rebuilding of the roof or exterior walls.

2.20 Structure Height : The vertical distance of all walls of a structure measured from the grade level of a lot, prior to construction thereon, to the highest point of the roof surface exclusive of chimneys, ventilators, pipes and similar apparatus.

2.21 Subdivider : Subdivider shall mean Glacier View Meadows, a Limited Partnership; any successors or assign of Glacier View Meadows, a Limited Partnership, under an instrument specifically designating such successor or assign as a successor or assign under this Declaration.

2.22 Variance : Any exception to the provisions of this Declaration specifically authorized in writing by the subdivider or this Architectural Control Committee.

III. PROPERTY SUBJECTED TO DECLARATION PROVISIONS

3.1 Regulated Property : Any real property which has heretofore, is now, or may hereafter be subdivided by plat filed in the records of Larimer County, Colorado, in the name and style of Glacier View Meadows and specifically made subject hereto and by reference adopting the provisions hereof.

3.2 Supplemental Declaration : Any real property may be made subject in whole or in part to any or all the provisions, covenants, and restrictions of this Declaration by the recording, in the office of the County Clerk and Recorder of Larimer County, Colorado, or an instrument (hereinafter called a Supplemental Declaration) executed by the subdivider, describing the property, and stating that, except as may be specifically stated in such Supplemental Declaration, and such provisions shall be effective upon the recording thereof.

IV. ARCHITECTURAL CONTROL

4.1 Architectural Control Committee: There is hereby created an architectural Control Committee for the purpose of maintaining, within Glacier View Meadows a general character of development, a style and nature of building design and compatibility of visual appeal which is homogeneous to the area’s natural features and aesthetically pleasing within the physical setting.

Membership of the Architectural Control Committee shall be composed of Donald B. Weixelman, John P. Zakovich and O. J. Harvey.

A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining member shall have full authority to designate a successor. If in the event of death or physical incapacity no member of the committee is able to designate a successor the then recorded owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee, to increase or decrease its number, or to withdraw from the Committee or restore to it any of its power and duties. Under no circumstances shall the members of the Committee, not its designated representative be entitled to any compensation for services performed pursuant to this covenant, except; however, at the discretion of the Committee said members or designated representatives may be reimbursed for any actual costs expended in implementation of Committee obligations.

4.2 Right to Make Rules, Regulations and Grant Variances : The Architectural Committee may, but shall not be required to adopt reasonable rules and regulations, hold, fix the time and place of its meetings, appoint a chairman and secretary. It shall remain the prerogative and in the jurisdiction of the Committee to review applications and grant approval for exceptions to this declaration. Variations from these requirements restrictions may be made only when it determines that such exceptions and variations are not in any way detrimental to the general public health safety or welfare, the Committee among others may provide for enforcement of the rules and regulations as set forth in this declaration through injunctive relief, or otherwise.

4.3 Duties of the Architectural Control Committee : no building shall be erected or altered until the construction plans and specifications regarding quality of workmanship, type of materials and harmony of external design shall have been approved by the Architectural control Committee. Also, a site plan shall be submitted to said Architectural control Committee, for their approval, showing the location of the proposed structure upon the lot as well as the location of said proposed structure with represent to topography, finish grade elevation and any existing structures on or adjacent to said lot.

Should the Architectural Control Committee, its successors or assigns fail to approve or disapprove the plans and specifications submitted to it by the owner of a lot in Glacier View Meadows within thirty (30) days after written request thereof, then such approval shall not be required, provided, however, that no building or other structure shall be erected or be allowed to remain on any lot which violates any of the covenants or restrictions contained herein. The issuance of a building permit or license, which may be in contravention of these protective covenants, shall not prevent the Architectural Control Committee from enforcing these provisions.

4.4 Legal Responsibility and Enforcement : It shall be lawful, in the event of a breach of any of the covenants or conditions of this Declaration, for the owner of any lot in Glacier View Meadows to institute, maintain and prosecute any proceedings in law, or in equity against the person violating any of the provisions of this Declaration for injunctive relief and specific performance thereof, or to recover damages for the violation thereof.

4.5 Indemnification : The Architectural Control Committee shall be held harmless from all liability, loss, cost, damage and expense, including attorneys’ fees, arising with respect to the enforcement of this Declaration.

4.6 Dwelling Size : Each dwelling unit shall occupy a minimum floor area for living purposes actually and fully enclosed within the structure of not less than 800 square feet. In computing such minimum area, the area of open porches, carports and garage shall not be included.

4.7 Building location : The location of any building upon a lot shall be with the approval of the Architectural Control Committee, and no building shall be placed so as to interfere with any easements.

4.8 Time For Construction : At the time plans and specifications receive approval from the Architectural Control Committee, the prospective building shall proceed diligently with construction of said building, and the same shall be completed within a maximum period of twelve (12) months’ time from the date of commencement; excepting however, that this period may be extended as may be deemed reasonable by the Architectural Control Committee if said extension is made necessary by reason of inclement weather, inability to obtain material, strikes, acts of God, etc.

4.9. Building Exterior : The surface material, color and finished appearance of all buildings or structures shall be approved by the Architectural Control Committee.

4.10 Roof Appurtenances : No air-conditioning units, evaporative cooler or other object other than a radio or T.V. antenna shall be placed upon the roof of any dwelling or building except or unless such air-conditioning unit is architecturally concealed from view and plans for concealment have been submitted to and approved by the Architectural Control Committee.

4.11 Water and Sewage Disposal : All water, wells and sewage disposal systems placed upon any lot shall comply with the requirements of the Sate 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 service available to the lot.

4.12 Clearing of Trees : Approval shall be obtained from the Architectural Control Committee to cut down, clear, or kill any trees on any lot. Further, each and every owner agrees that all the trees cleared by him will be disposed of in such a way that all lots, whether vacant or occupied by dwellings, shall be kept free of accumulations of brush, trash or other materials which may constitute a fire hazard or render a lot unsightly, provided, however, that this shall not operate or restrict owners from storing fireplace wood in neat stacks on their lots.

4.13 Grading : Under no circumstance shall the owner of any lot disturb the natural soil or grasses unless he immediately thereafter constructs upon, paves, gravels or replants such area with ground cover approved by the Architectural control Committee. A grading plan shall be presented to the Architectural Control Committee for their approval prior to commencing construction of any dwelling unit on any lot and not additional grading on any lot shall be permitted without prior approval by the Architectural Control Committee.

4.14 Unnatural Drainage : Under no circumstances shall any owner of any lot be permitted to deliberately alter the topographic conditions of his lot in any way that would permit unusual additional quantities of water from any source, other than what nature originally intended, to flow from his property onto any other property or public right-of-way.

4.15 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 the calendar year.

4.16 Private Automobiles and Other Vehicles or Machinery : No inoperative private automobiles and other vehicles or machinery shall be placed and remain on any building site for more than 48 hours unless stored or parked in a garage or carport. However, this covenant shall not be applicable for equipment being used in conjunction with construction of a dwelling unit open a lot.

4.17 Nuisance : Nothing shall be done or permitted on any lot which may or become annoying or a nuisance to the neighborhood. No obnoxious or offensive activities or commercial business or trade shall be carried on upon any tact 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 in each case.

4.18 Refuse and Rubbish : Rubbish, garbage or other waste 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. Burring 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.

4.19 Signs : No sign of any character shall be displayed or placed upon any of the lots in Glacier View Meadows except one professional sign of not more than three (3) square feet in area per side advertising a home occupation, property for sale, house numbers, occupant’s name, or signs used by a building approved in writing by the subdivider to advertise the property during the construction and sales period. All signs are subject to the approval of the Architectural Control Committee.

4.20 Animals : No animals, livestock, or poultry of any kind shall be housed, raised or kept on any lot, either temporarily or permanently, except that commonly accepted domestic household pets but not including horses, may be kept, provided they are not kept or maintained for any commercial purposes, and are not a nuisance to adjoining property owners. Dogs may be kept upon the premises so long as they are securely confined in an enclosure such as a pen, restricted by a suitable leash or chain or having been properly trained are at all times within the control of the owner under voice command and are not running at large. Horses or other farm animals may be kept in certain filings of Glacier View as may be indicated by the subdivider.

4.21 Fences : No fences shall be erected or installed unless the owner of the lot can show specific cause and necessity for installation of a fence and receive approval for installation of said fence from the Architectural Control Committee. Under no circumstances shall a fence be installed unless its location on the lot and the materials from which it is to be constructed are approved by the Architectural Control Committee or as may be set forth in a Supplemental Declaration.

4.22 Commercial Vehicles : No commercial-type vehicles and no trucks shall be stored or parked on any building site or tract except in a closed garage, nor parked on any road or accessway except while engaged in transportation to or from a dwelling. For the purpose of this Declaration, a 3/4 ton or smaller vehicle, commonly known as a pickup truck shall not be deemed to be a commercial vehicle or truck.

4.23 Re-subdividing : No further subdivision of any tract as shown on the plat shall be permitted except on the prior approval of the Architectural Committee.

4.24 State of Property Repair and Failure to Make Repairs : All property owners, for the benefit of the general health, safety, and welfare of the general public, must keep their property in a sound state of repair which is complimentary to the area and in equal or better repair than adjacent properties. Any owner of property who, in the opinion of the Architectural Control Committee does not keep his property and improvements thereon in a sound state of repair, said Committee may give notice to the property owner in writing, listing the specific improvements to be made and recommending that said property and improvements be brought up to a good state of repair. If after thirty (30) days from notification the recommended improvements have not been made, said improvements may be made at the owner’s expense plus ten (10) percent of the actual cost of repair. Said repair costs shall be charged to the property as a lien thereon.

V. SUPPLEMENTARY PROVISIONS

5.1 Duration of Restrictions : 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.

5.2 Amendment or Revocation : At any time while any provision contained in this Declaration is in force and effect, it may be amended or repealed, with the written consent of the Architectural Control Committee; by the recording of a written instrument specifying the amendment and executed by the owners of not less than 2/3 of the area of the property then subject to this Declaration. No such amendment or repeal shall be effective with respect to the holder of the mortgage or deed of trust recorded prior to recording of the instrument specifying the amendment or repeal unless such holder executes the said instrument.

5.3 Effect of Provisions of Declaration : Each provision, covenant, condition, restriction and agreement contained in this Declaration shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any real property subject to this Declaration is conveyed, whether or not set forth or referred to in any such conveyance or other instrument; and any person or entity accepting any right, title or interest in any parcel of property subject to this Declaration shall be conclusively deemed to have accepted and adopted the provisions, covenants, conditions, restrictions and agreement herein contained as a personal covenant for such person or entity and it shall be binding on such person or entity and their heirs, executors, administrators, successors and assigns and the provisions hereof are made for the benefit of not only the Glacier View Meadows development and the Architectural Control Committee, but for the benefit of the owners of all property the subject of this Declaration. 

5.4 Limited Liability : Neither the subdivider, any member of the Architectural Control Committee or successor thereof shall be liable to any party for any action or for any failure to act with respect to any matter contained within this Declaration if the action taken or failure to act was in good faith and without malice.

5.5 Severability : Invalidity or unenforceability of any provision of this Declaration in whole or in part by any judgement or court order shall not affect the validity or enforceability of any other provision or valid and enforceable part of a provision of this Declaration.

5.6 No Waiver : Failure to enforce any provision in this Declaration shall not operate as a waiver of any such provision, or of any other provision, restriction, covenant or condition.

IN WITNESS WHEREOF, Glacier View Meadows, a Limited Partnership, has executed the foregoing Protective and Design Covenants and Supplemental Declarations on this day and year first above written.

GLACIER VIEW MEADOWS, a Limited Partnership