Covenants
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Filed August 1969 in Laramie County, Wyoming in Book 896 at Page 76 as contained in the Declaration of Harriman Heights Subdivision recorded contemporaneously with the Plat in Larimer County, Colorado DECLARATION OF PROTECTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS, The North Plains Land Company, a Wyoming Corporation, being the owner in fee of the area known as Harriman Heights Ranchettes, located in Laramie County, Wyoming, and described as follows :
A tract of land situate in the Southeast 1/4 of Section 17 and in Lot 1, Section 20, and in Lots 3 and 4, Section 21, all in Township 12 North, Range 70 West of the Sixth P.M., County of Laramie, State of Wyoming and in Lot 2 and the Southwest 1/4 of Section 21, Township 12 North, Range 70 West of the Sixth P.M., County of Larimer, State of Colorado, which considering the East line of the Southeast 1/4 of said Section 17 as bearing S 00° 07' W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 17, and run thence N 89° 28' E 1686.59 feet along the North line of Lots 3 and 4 of said Section 21 to a point on the Southwesterly right-of-way line of the Union Pacific Railroad; thence along said right-of-way line, S 65° 35' E 695.31 feet, and again along the arc of a 3064.90 foot radius curve to the left a distance of 329.02 feet, the long chord of which bears S 68° 39' 32" E 328.87 feet; thence S 01° 12' 30" W 921.94 feet along the East line of Lot 3 of said Section 21 to the Southeast corner of Lot 3 of said Section 21; thence S 89° 59' W 901.77 feet along the South line of lot 3 of said Section 21 to the Northeast corner of Lot 2 of said Section21; thence S 12° 04' E 1350.71 feet along the East line of Lot 2 and the Southwest 1/4 of said Section 21; thence S 65° 36' W 649.46 feet; thence N44° 23' W 331.02 feet; thence along the arc of a 272.60 foot radius curve to the right a distance of 89.09 feet, the long chord of which bears N 35° 01' 13" W 88.69 feet; thence N 25° 39' 27" W 43.58 feet; thence along the arc of a 412.04 foot radius curve to the left a distance of 74.38 feet, the long chord of which bears N 30° 49' 44" W 74.27 feet; thence N 36° 00' West 183 feet; thence along the arc of a 1137.13 foot radius curve to the left a distance of 194.39 feet, the long chord of which bears N 40° 53' 50" W 194.13 feet; thence N 45° 47' 40" W 500.00 feet; thence along the arc of a 373.23 foot radius curve to the right a distance of 86.60 feet, the long chord of which bears N 39° 08' 50" W 86.40 feet; thence N 32° 30' W 92.00 feet; thence along the arc of a 355.99 foot radius curve to the left a distance of 73.52 feet, the long chord of which bears N 38° 25' W 73.39 feet; thence N 44° 20' W 296.00 feet; thence along the arc of a 108.58 foot radius curve to the left a distance of 61.02 feet, the long chord of which bears N 60° 26' W 60.22 feet; thence N 76° 32' W 90.00 feet; thence along the arc of a 143.14 foot radius curve to the right a distance of 119.13 feet, the long chord of which bears N 52° 41' 30" W 115.72 feet; thence N 28° 51' W 117.00 feet; thence along the arc of a 151.43 foot radius curve to the left a distance of 65.63 feet, the long chord of which bears N 41° 17' W 65.21 feet; thence N 53° 43' W 528.00 feet; thence along the arc of a 1079.89 foot radius curve to the right a distance of 203.38 feet, the long chord of which bears N 50° 14' 54" W 203.27 feet; thence N 40° 46' 47" W 258.67 feet; thence along the arc of a 1013.84 foot radius curve to the left a distance of 193.66 feet, the long chord of which bears N 52° 15' 07" W 193.38 feet; thence N 57° 43' 28" W 527.76 feet; thence along the Easterly right-of-way line of the County Road, N 24° 03' E 255.31 feet, and again along the arc of a 499.06 foot radius curve to the left a distance of 99.67 feet, and again N 12° 36' 27" E 287.47 feet, and again along the arc of a 277.01 foot radius curve to the right a distance of 118.17 feet, the long chord of which bears N 24° 49' 44" E 117.28 feet, and again N 37° 03' E 348.00 feet, and again along the arc of a 166.09 foot radius curve to the left a distance of 115.16 feet, the long chord of which bears N 17° 11' 18" E 112.86 feet, and again N 02° 40' 27" W 329.40 feet to a point on the Southwesterly right-of-way line of the Union Pacific Railroad; thence along said right-of-way line along the arc of a 11,259.0 foot radius curve to the right a distance of 157.21 feet, the long chord of which bears S 65° 59' E 157.20 feet, and again S 65° 35' E 1073.16 feet to a point on the East line of the Southeast 1/4 of said Section 17; thence S 00° 07' W 780.61 feet along the East line of the Southeast 1/4 of said Section 17 to the point of beginning, containing 173.7153 acres more or less. do hereby covenant and agree that all of said land and all lots therein are held subject to and with the benefit of all the restrictions, conditions, covenants, charges and agreements contained within the Declaration of Protective Covenants, and it does hereby covenants and agree that said land now owned by it shall be subject to the covenants and restrictions hereinafter set forth. For the purposes of this Declaration of Protective Covenants, site shall mean any lot, acreage, tract or otherwise conveyed by the North Plains Land Company of the above described property. 1. The Buyer of any site shall not resell his site without first giving at least thirty (30) days written notice to the North Plains Land Company and the North Plains Land Company shall have the first right to buy said site on the same terms as otherwise offered. 2. No excavation for stone, gravel or earth shall be made on any site except to excavate and grade for the purpose of building a home. 3. All lavatories and/or toilets shall be built indoors and connected with an outside septic tank, septic pool or system approved by the North Plains Land Company. 4. No residence of any kind of what is commonly known as boxed or sheet metal construction shall be built on any lot or tract unless the same shall be covered over on the outside walls with stucco, weatherboard, brick, stone and other veneer material and with the approval of the North Plains Land Company. No building shall be moved onto any lot or tract without the consent of the North Plains Land Company. 5. No manufacturing or commercial enterprise or enterprises of any kind for profit shall be maintained upon in front of or in connection with any site hereby conveyed nor shall said site in any way be used for other than strictly residential purposes. This shall not be construed, however, as preventing the practice of medicine. 6. No part of any site shall be used or occupied injuriously to effect the use, occupation or value of the enjoining or adjacent site for residential purposes or in the neighborhood wherein said site is situated. 7. No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 8. No cow, hog, goat or similar animal shall be kept or maintained on any site or any portion thereof, nor shall any chicken yard be maintained thereon. 9. No signs, billboards, or advertising devices except those used in the sale of the property sites, shall be placed on any site or building on any site except such signs as to identify the ownership of said sites. 10. No fence made of iron posts and barb wire shall be erected or maintained on any site. 11. Not more than one residence shall be erected or constructed upon any site except that any owner may also erect a guest home on their site. 12. Nothing but a single private dwelling or residence designed for the occupancy of one family shall be erected on any site. 13. No structure of a temporary character shall be used as a residence. 14. No building shall be placed less than 150 feet from the property line of any site without permission of the North Plains Land Company. 15. All plans and specifications for buildings to be constructed on any site shall be submitted to the North Plains Land Company and their approval obtained before construction work for said building shall commence. 16. These restrictions, reservations and covenants are made for the benefit of any and all persons who may own, or may hereafter own, sites in the above described property and such persons are specifically given the right to enforce these restrictions, reservations and covenants. 17. No site conveyed by the North Plains Land Company as part of the above described property shall be sub-divided. 18. There shall be no hunting or use of firearms on any site on the above described property. 19. No mobile home shall be converted to a permanent dwelling on any site without the approval of the North Plains Land Company. 20. The purchaser of any site will not cut down any trees or bushes except to remove dead trees and bushes or except for the purpose of building a residence.
21. No horse, pony, mule, or like animal will be maintained on any site. 22. The owner of the site will not block or damage any water shed or change any rock formations other than making rock gardens or improving the site. 23. No purchaser of a site will maintain any private dump or dump grounds on any site nor will they abandon any old car on any site. Dated this 11th day of August, 1969. Signed, sealed and delivered in the presence of : [Corporate Seal] NORTH PLAINS LAND COMPANY [signature on file] By: [signature on file] J. W. Norris Abe Rosenberg Secretary Its President CORPORATION ACKNOWLEDGMENT
STATE OF WYOMING ) ) SS: COUNTY OF LARAMIE ) On this 11th day of August, 1969, personally appeared Abe Rosenberg, to me personally know, who, being by me duly sworn, did say that he is the President of North Plains Land Company, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Abe Rosenberg acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and notarial seal this 11th day of August, 1969. [Notary Seal] [signature on file] Notary Public My commission expires on the 14th day of Dec, A.D., 1969. Filed as Reception Number 90050533 on November 2, 1990 in the Larimer County, Colorado records.
STATE OF WYOMING ) ) ss. COUNTY OF LARAMIE )
STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) EXTENSION OF DECLARATION OF PROTECTIVE COVENANTS Pursuant to the action taken by a majority vote of the landowners and approval for execution of this document by the Board of Directors of the Harriman Heights Homeowners Association on June 3, 1990 at a meeting regularly convened and held for that purpose, the Declaration of Protective Covenants of the Harriman Heights Homeowners Association filed on the 12th day of August, 1969 in the office of the County Clerk of Laramie County, Wyoming as Book 896 Page 76 and filed in the office of the County Clerk and Recorder of Deeds of Larimer County, Colorado are hereby geographically extended to include the following additional lands owned by the undersigned who hereby adopt and consent to inclusion under the Harriman Heights Homeowners Association and Declaration of Protective Covenants and consent and adopt the rights and duties appertaining thereto. The foregoing land to be added to the area covered by the Harriman Heights Homeowners Association and Declaration of Protective Covenants, as said lands initially were included in the Harriman Heights First and Second Filings, Laramie County, Wyoming and Larimer County, Colorado, is as follows :
A tract of land situate in the Southwest 1/4 of Section 21, Township 12 North, Range 70 West, of the Sixth P.M., Larimer County, Colorado, which, considering the South line of said Southwest 1/4 as bearing due East and West and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the South quarter corner of said Section 21 and run thence N 12° 04' W 790.00 feet along the East line of said Southwest 1/4; thence West 265.27 feet; thence South 421.16 feet; thence West 846.75 feet; thence South 351.39 feet to a point on the South line of said Southwest 1/4; thence East 1227.17 feet to the point of beginning, said tract containing 13.000 acres, more or less. (Norman R. Black and Mary Black, husband and wife)
Tract 1: Beginning at a point on the East line of the Southwest 1/4 of said Section 21, which bears N 12° 04' W 1175.80 feet from the South 1/4 corner of said Section 21, and run thence N 12° 04' W 552.40 feet to a point on the Southerly right-of-way line of Edgemont Lane; thence along said Southerly right-of-way, S 65° 36' W 458.71 feet; thence S 40° 06' 40" E 498.83 feet; thence N 81° 43' 30" E 214.07 feet to the point of beginning, containing 3.8827 acres more or less, and being subject to all rights-of-way and easements as they now exist or of record.
Tract 2: Beginning at a point which bears N 12° 04' W 1175.80 feet, and again S 81° 43' 30" W 214.07 feet from the South 1/4 corner of said Section 21, and run thence N 40° 06' 40" W 498.83 feet to the Southerly right-of-way line of Edgemont Lane; thence along said Southerly right-of-way, S 65° 36' W 190.75 feet; thence S 42° 18' E 72.50 feet to the approximate centerline of the existing road; thence along said centerline, S 02° 42' E 216.70 feet, and again S 57° 50' W 163.80 feet, and again S 05° 26' E 108.97 feet, and again S 68° 29' E 227.37 feet; thence leaving said right-of-way, run N 55° 04' 20" E 430.44 feet to the point of beginning, containing 4.4130 acres, more or less, and being subject to all rights-of-way and easements as they now exist or of record. All being a part of the Southwest 1/4 of Section 21, Township 12 North, Range 70 West of the 6th P.M., in Larimer County, Colorado.
Tract 3: Beginning at a point on the East line of the Southwest 1/4 (one-quarter) of said Section Twenty-one (21), which bears North 12° 04' West 790.00 feet from the South 1/4 (one-quarter) corner of said Section Twenty-one (21), and run thence North 12° 04' West 385.80 feet; thence South 81° 43' 30" West 214.07 feet; thence South 55° 04' 20" West 430.44 feet to a point on the approximate centerline of the existing road; thence along said centerline, South 68° 29' East 88.09 feet, and again South 59° 31 East 239.07 feet; thence leaving said right-of-way, run North 59° 50' East 106.60; thence East 265.27 feet to the point of beginning, containing 3.7832 acres, more or less, and being subject to all rights-of-way and easements as they now exist or of record. Being a part of the Southwest 1/4 (one-quarter) of Section 21, Township 12 North, Range 70 West of the 6th P.M., in Larimer County, Colorado. (Lorin K. Henning and Beverly Jo Henning, husband and wife) Undertaken, approved and executed this 30th day of June, 1990. Attest : BOARD OF DIRECTORS OF THE HARRIMAN HEIGHTS HOMEOWNERS (NO SEAL) ASSOCIATION By: [Walter Higikly?, signature on file] [Annette E. Aldrich, signature on file] Asst Secretary President [Norman R. Black, signature on file] Norman R. Black [Mary M. Black, signature on file] Mary Black [Lorin K. Henning, signature on file] Lorin K. Henning [Beverly Jo Henning, signature on file] Beverly Jo Henning
The foregoing instrument was acknowledged before me by Norman R. Black and Mary Black this 13th day of June, 1990. Witness my hand and official seal. [Notary Seal] [Notary signature, signature on file] My Commission Expires : 8-22-93 NOTARY PUBLIC The foregoing instrument was acknowledged before me byLorin K. Henning and Beverly Jo Henning this 8th day of June, 1990. Witness my hand and official seal. [Notary Seal] [Notary signature, signature on file] My Commission Expires : 9-17-92 NOTARY PUBLIC The foregoing instrument was acknowledged before me by Annette E. Aldrich as President and attested thereto by Walter Higikly? as Asst Secretary of the Harriman Heights Homeowners Association this 30th day of June, 1990. Witness my hand and official seal. [Seal] [Clerk, Supreme Court Supreme Court Building Cheyenne, Wyoming signature, signature on file] My Commission Expires : NOTARY PUBLIC RECORDED RCPTN # 94024618 03/21/94 11:20:00 # PAGES - 1 FEE $5.00 K RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 AND RECORDED RECEIVED LARAMIE COUNTY CHEYENNE, WYOMING 1994 MAR 29 AM 11:18 139083 NOTICE REGARDING ARCHITECTURAL CONTROL COMMITTEE This document pertains to those certain protective covenants recorded in book 1247, pages 1843-1844 of the Larimer County, Colorado, Land Records. The Harriman Homeowners Association met on March 13,1994, following due notice to all members of the association. At that meeting, members of the association discussed paragraphs of the Declaration of Protective Covenants referring to the "North Plains Land Company." That entity having dissolved, the Harriman Homeowners Association, pursuant to paragraph 16 of the declaration of protective covenants referred to above, determined that it should select an architectural control committee. Thereafter, the association voted on the proposal and adopted the proposal. Mary Black, President of Harriman Homeowners Association certifies that this document accurately recites the action taken at the legally constituted meeting, upon notice, held March 13, 1994. DA TED: March _, 1994. [signature on file] Mary Black Mary Black
STATE OF WYOMING ) ) COUNTY OF LARAMIE ) Sworn to before me by Mary Black on March 16, 1993. [signature on file] Theresa A. Flowers Notary Public SEAL RECORDED RCPTN # 94024619 03/21/94 11:20:00 # PAGES - 2 FEE - $10.00 M RODENBERGER RECORDER, LARIMER COUNTY, CO STATE DOC FEE - $00.00
AND
RECORDED COPY TO ASSESSOR RECEIVED LARAMIE COUNTY CHEYENNE WY 1994 FEB 25 PM 3 :39 137024 NOTICE REGARDING PROTECTIVE COVENANTS
This document pertains to those certain protective covenants recorded in book 896, pages 76-80 of the Laramie County, Wyoming, Land Records, recorded August 12, 1969." for. Harriman Heights First Filing.
The Harriman Homeowners Association met on October 4, 1986, following due notice to all members of the association. At that meeting, members of the association discussed paragraph seven of the Declaration of Protective Covenants, which provides that:"No obnoxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or becomes an annoyance or nuisance to the neighbor. "
During the meeting, the membership discussed licensed and unlicensed ATV's, 3-wheelers, 4-wheelers, motorized dirt bikes and the like as they pertain to paragraph seven of the Declaration of Protective Covenants and determined that a proposed resolution regarding the same should be discussed at the next meeting.
Thereafter, the association met again on November 8, 1986, following notice to all members of the association in the form of the minutes of the October 4, 1986, meeting of the association which were mailed to the homeowners together with a copy of the proposed amendment after the October 4, 1986, meeting.
At the November 8, 1986,meeting,pursuant to notice, the membership discussed the proposed language to be appended to paragraph seven of the Declaration of Protective Covenants. Objections to the proposed language were called for. Discussion was held and following the discussion the president of the association called for a vote. The result of the voting was to adopt the following as a clarification of paragraph seven of the Declaration of Protective Covenants:
Travel by licensed or unlicensed A TV's, three wheelers, four-wheelers, motorized dirt bikes and the like, on or off roadways and driveways within Harriman Heights, shall be prohibited as to all non residents and kept to a minimum (ie. for transportation purposes only) as to all residents of Harriman Heights.) All such vehicles must be driven slowly and only by licensed operators. All vehicles operated within Harriman Heights must be equipped with adequate mufflers.
Keith Henning, President of Harriman Homeowner's Association, from October 4, 1986 to June 25, 1988, by his signature below, certifies that the attached document is the document appended to paragraph seven of the Declaration of Protective Covenants, as adopted by a vote of the membership at a legally constituted meeting, upon notice, held November 8, 1986.
DATED: September 24, 1993.
[signature on file] Keith Henning Keith Henning STATE OF WYOMING ) ) COUNTY OF LARAMIE )
Sworn to before me by Keith Henning on September 24, 1993.
[signature on file] Stella A. Deeder Stella A. Deeder, Notary Public State of Wyoming ) 030339 ) ss. RECEIVED LARAMIE COUNTY County of Laramie ) CHEYENNE, WY ‘87 JUN 22 PM 1 02 State of Colorado ) ) ss. County of Larimer ) WAIVER AND RELEASE OF PROTECTIVE COVENANTS CONTAINING RIGHT OF REPURCHASE OF LOTS In consideration of the premises and for other good and valuable consideration, the undersigned as last directors of North Plains Land Company, a dissolved Wyoming corporation, do hereby release, extinguish and void all rights derived from Section 1 of Protective Covenants for Harriman Heights, First and Second Filings:
As recorded in Book 896, page 76, of the records of the County Clerk, Laramie County, Wyoming, and if otherwise recorded also in Larimer County, Colorado, as hereby forever releasing any right or option to repurchase lots within the Harriman Heights Subdivision, First and Second Filings, Laramie County, Wyoming, and Larimer County, Colorado. Dated this 18 day of May, 1987. NORTH PLAINS LAND COMPANY, a dissolved Wyoming corporation, By : [signature on file] Abe Rosenberg Abe Rosenberg By : [signature on file] James W. Norris James W. Norris By : [signature on file] Robert Mordahl Robert Mordahl LAST DIRECTORS
State of Wyoming ) ) ss. County of Laramie ) Subscribed and sworn to before me by Abe Rosenberg, James W. Norris, and Robert Mordahl. By : [signature on file] Kathy Daniels Notary Public BOOK 1247 at PAGES 184 and 1844 [two page document] |