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PROTECTIVE COVENANTSFOR PINEY CREEK FILING 6A (MORNINGSIDE) THESE PROTECTIVE COVENANTS are made and entered into by Village Homes of Colorado, Inc., a Colorado corporation ("Village Homes"). WITNESSETH:
WHEREAS, Village Homes is the owner of that certain real property in the County of Arapahoe, State of Colorado, which is described on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS,
Village Homes desires to subject and place upon the above-described property certain covenants, conditions, restrictions, easements, reservations, rights-of—way, obligations, liabilities and other charges set forth herein for the
purpose of protecting the value and desirability of said property and for the purpose of furthering a plan for the improvement, sale and ownership of said property, to the end that a harmonious and attractive development of said
property may be accomplished and the health, comfort, safety, convenience and general welfare of the Declarant, its successors and assigns in said property, or any portion thereof, may be promoted and safeguarded, NOW, THEREFORE,
Village Homes hereby declares that all of the properties described above shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions, easements, rights—of—way, obligations, liabilities, charges
and other provisions set forth herein, which are for the purpose of protecting the value and desirability of, and which shall run with, the above-described property and be binding on all parties having any right, title, or interest
in the above-described property or any part thereof, their heirs, personal representatives, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS 1. "Architectural Review Committee" shall mean and refer to the committee appointed by the Declarant to review and approve or disapprove plans for Improvements, as more fully
provided in these Protective Covenants. 2. "Declarant" means Village Homes, a Colorado corporation, and/or any other Person to whom the Declarant has assigned the rights reserved to the Declarant under these Protective
Covenants. 3. "Improvements" shall mean and refer to all exterior improvements, structure, and any appurtenances thereto or components thereof of every type or kind, and all landscaping features, including, but not
limited to, buildings, outbuildings, swimming pools, tennis courts, patios, patio covers, awnings, solar collectors, painting or other finish materials on any visible structure, additions, walkways, sprinkler systems, garages,
carports, driveways, fences, including gates in fences, screening walls, retaining walls, stairs, decks, landscaping, hedges, windbreaks, plantings, trees, shrubs, flowers, vegetables, sod, gravel, bark, exterior light fixtures,
poles, signs, exterior tanks, and exterior air conditioning, cooling, heating and water softening equipment. 4. "Master Association" means the Piney Creek Maintenance Association, Inc., a Colorado non-profit
corporation, its successors and assigns. The real property described on Exhibit A
is or shall be subject to that certain Declaration of Covenants, Conditions and Restrictions of Piney Creek Maintenance Association, Inc., as recorded on November 9, 1983, in Book 4007 at Page 423. To the extent that there are conflicts between the provisions of these Protective Covenants and the Master Declaration, the provisions of the Master Declaration shall control.
5. "Person" means a natural person, a corporation, a partnership, an association, a trust, or any other entity or any combination thereof. ARTICLE II
ARCHITECTURAL REVIEW COMMITTEE 1. Composition of Committee.
The Architectural Review Committee shall consist of three (3) or more persons appointed by the Declarant; provided, however, that at such time as all the real property described on Exhibit A
to these Protective Covenants has been conveyed by Declarant to the first Unit owner thereof (other than Declarant), and each Lot within such real property includes a residential structure with a final Certificate of Occupancy, the then—existing and future members of the Architectural Review committee shall succeed to all the rights, powers and duties of the Declarant as provided in this Section 1. Two members of the Committee may jointly designate a representative to act for them. The power to "appoint," as provided herein, shall include without limitation the power to: constitute the initial membership of the Architectural Review Committee; appoint member(s) to the Architectural Review Committee on the occurrence of any vacancy therein, for whatever reason; and remove any member of the Architectural Review Committee, with or without cause, at any time, and appoint the successor thereof. Each such appointment may be made for such term(s) of office, subject to the aforesaid power of removal, as removal, as may be set from time to time in the discretion of the appointor.
2. Review by Committee. No Improvements shall be constructed, erected, placed, altered, planted, applied or installed upon any Unit unless said Improvements are in full compliance with certain design guidelines
promulgated from time to time by the Architectural Review Committee or unless two (2) sets of complete plans and specifications therefor (said plans and specifications to show exterior design, height, material, color, and location
of the Improvements, plotted horizontally and vertically, location and size of driveways, location, size, and type of landscaping, fencing, walls, windbreaks and grading plan, as well as such other materials and information as may
be required by the Committee), shall have been first submitted to and approved in writing by the Architectural Review Committee; provided, however, that the Declarant shall be exempt from seeking or obtaining Architectural Review
Committee approval during Declarant's development of, construction on, or sales of any Unit or residences on any Unit. The Architectural Review Committee shall exercise its reasonable judgment to the end that all Improvements
conform to and harmonize with the existing surroundings, residences, landscaping and structures. In its review of such plans, specifications and other materials and information, the Architectural Review Committee may require as a
condition to its considering an approval request that the applicant(s) reimburse the Committee for the actual expenses incurred by the Committee in the review and approval process. The Architectural Review Committee may also
require a reasonable fee to accompany each application for approval. The Architectural Review committee may also issue rules or guidelines regarding anything relevant to its functions, including, but not limited to, minimum
standards and procedures for the submission of plans and specifications for approval. 3. Procedures. The Architectural Review Committee shall approve or disapprove all requests for approval within forty-five (45) days
after the complete submission of all plans, specifications, and other materials and information which the Committee may require in conjunction therewith; provided, however, that failure to so act within said period shall not be
deemed to constitute approval of any much request. 4. Vote and Appeal. A majority vote of the Architectural Review Committee is required to approve a request for approval pursuant to this Article, unless the Committee has
appointed a representative to act for it, in which case the decision of such representative shall control. In the event a representative acting on behalf of the Architectural Review Committee approves or denies a request for
architectural approval, the Unit owner whose application has been denied shall have the right to an appeal of such decision to the full Committee, upon a request therefor approval or denial by the Committee's representative. 5.
Records. The Architectural Review Committee shall maintain written records of all applications submitted to it and all actions taken by it thereon, and such records shall be available to Unit owners for inspection at
reasonable hours of the business day. 6. Inspection of Completed Work.
(a) Upon the completion of any Improvement, the owner of the Improvement shall give written notice of completion the Architectural Review Committee. (b) Within fifteen (15) days thereafter, the Architectural Review
Committee or its duly authorized representative may inspect such Improvement. If the Architectural Review Committee finds that such work was not done in strict compliance with all approved plans and specifications submitted, it
shall notify the owner as provided herein in writing of such noncompliance within such period, specifying in reasonable detail the particulars of non-compliance, and shall require the owner to remedy the same. (c) If, upon
the expiration of forty-five (45) days from the date of such notification, the owner of the Improvements shall have failed to remedy such non-compliance, the Architectural Review Committee may commence an action at law or in
equity to require the removal or reconstruction of the non-complying Improvement. The Architectural Review Committee may inspect all work in progress and give notice at any time of non-compliance as provided in subparagraph
(2) above. No further work shall be done, pending resolution of any dispute, which would hamper correction of the non-complying item if the Architectural Review Committee shall find such non-compliance exists.
7. Liability. The Architectural Review Committee and the members thereof, as well as any representative of the Committee appointed to act on its behalf, shall not be liable in damages to any person or for the attorneys'
fees or court costs of any person submitting requests for approval or to any Unit owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove in regard to any matter within its
jurisdiction hereunder. 8. Variance. The Architectural Review Committee may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Article or Article III hereof, in order to overcome
practical difficulties or prevent unnecessary hardships arising by reason of the application of any such conditions and restrictions. Such variances or adjustments shall be granted only in case the granting thereof shall not be
materially detrimental or injurious to the other property or improvements in the neighborhood and shall not militate against the general intent and purpose hereof. 9. Waivers. The approval or consent of the Architectural
Review Committee or any representative thereof to any application for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the committee or any representative
thereof as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. ARTICLE III RESTRICTIONS 1.
General Plan. It is the intention of the Declarant to establish and impose a general plan for the improvement, development, use and occupancy of the Units, all in order to enhance the value, desirability, and attractiveness of
the Units and subserve and promote the sale thereof. 2. Dwelling Size.
No residence shall be permitted on a Unit subject to these restrictive covenants unless it is in conformation with the following minimum permitted dwelling sizes: the main floor for a dwelling, exclusive of open porches, garages, and garden level and walkout basements, shall be not less than 1800 square feet for the one story dwelling, or less than 1200 square feet for a dwelling of more than one story.
3. Building Location. No residence shall be located on any Unit nearer to the front, side or rear lot lines than the minimum building setback lines shown on the plat or as provided by applicable law, whichever is greater.
In any event, no building shall be located on any Unit nearer to the front street line than seventeen ( 17 ) feet nor nearer to any side street line than fifteen ( 15
) feet. A residence located on any Unit may have, zero clearance to any interior side lot line if a minimum of ten ( 10
) feet is maintained between buildings. No building shall be located on any Unit nearer to the rear lot line than eighteen ( 18 ) feet. Covered patios, decks, fireplace stacks and other ancillary Improvements shall
not be considered as part of the residence; provided, however, that such Improvements shall not be located nearer the rear lot line than ten ( 10 ) feet. 4. Residential Use. Subject to Section 5 of this
Article III, Units shall be used for residential use only, including uses which are customarily incident thereto, and shall not be used at any time for business, commercial or professional purposes; provided, however, that a Unit
owner may use his Unit for professional or home occupation(s) so long as the applicable zoning permits such us, there is no external evidence thereof, such as signage, and no unreasonable inconvenience, such as excessive traffic,
to other residents of the Units is created thereby. 5. Declarant's Use. Notwithstanding anything to the contrary contained in these Protective Covenants, it shall be expressly permissible and proper for Declarant, its
employees, agents, and contractors, to perform such reasonable activities, and to maintain upon portions of the Units such facilities as Declarant deems reasonably necessary or incidental to the construction and sale of Units, and
development and construction of Improvements, specifically including, without limiting the generality Of the foregoing, locating, maintaining and relocating management offices, signs, model units and sales offices, in such numbers,
of such sizes, and at such locations as it determines in its reasonable discretion. Notwithstanding the foregoing, Declarant shall not perform any activity or maintain any facility on any portion of the Units in such a way as to
unreasonably interfere with or disturb any Unit owner, or to unreasonably interfere with the use, enjoyment or access of such Unit owner, his family members, guests or invitees of and to his Unit and to a public right-of-way. 6.
Household Pets. No animals, livestock, birds, poultry, reptiles or insects of any kind shall be raised, bred, kept or boarded in or on the Units; provided, however, that the Unit owners may keep a reasonable number of dogs,
cats, or other domestic animals which are bona tide household pets, so long as such pets are not kept for any commercial purpose and are not kept in such number or in such manner us to create a nuisance to any resident of the Units.
7. Temporary Structures; Unsightly Conditions. Except as hereinafter provided, no structure of a temporary character, including, but not limited to, a house trailer, tent, shack, storage shed, or outbuilding shall be
placed or erected upon any Unit; provided, however, that during the actual construction, alteration, repair or remodeling of a structure or other Improvements, necessary temporary structures for storage of materials may be erected
and maintained by the person doing such work and provided that temporary facilities may be constructed for purposes of housing sales and construction during the period of development, sale and construction of units. The work of
constructing, altering or remodeling any structure or other Improvements shall be prosecuted diligently from the commencement thereof until the completion thereof. Further, no unsightly conditions, structures, facilities, equipment
or objects shall be so located on any Unit as to be visible from a Street or from any other Unit. 8. Miscellaneous Improvements.
(a) No advertising or signs of any character shall be erected, placed, permitted, or maintained on any Unit other than a name plate of the occupant and a street number, and except for a "For Sale," "Open
House" or "For Rent" sign of not more than five (5) square feet. Notwithstanding the foregoing, reasonable signs, advertising, or billboards used by the Declarant in connection with the sale or rental of the
Units, or otherwise in connection with development of or construction on the Units, shall be permissible, provided that such use shall not interfere with the Unit owners' use and enjoyment of their Unit or with their ingress or
egress from a public way to their Unit. (b) No clotheslines, chain-linked (or other) dog runs, drying yards, service yards, wood piles or storage areas shall be so located on any Unit as to be visible from a street or from
the ground level of any other Unit. (c) No types of refrigerating, cooling or heating apparatus shall be permitted on a roof and no such apparatus shall be permitted elsewhere on a Unit, except when appropriately screened and
approved by the Architectural Review Committee. (d) Except as may otherwise be permitted by the Architectural Review committee, no exterior radio antenna, television antenna, or other antenna, satellite dish, or audio or
visual reception device of any type shall be placed, erected or maintained on the any Unit, except inside a residence or otherwise concealed from view; provided, however, that any such devices may be erected or installed by the
Declarant during its sales or construction upon the Units. (e) No wind generators of any kind shall be constructed, installed, erected or maintained on the Units. (f) No fences or gates within existing fences, other than
those allowed under the Design Guidelines, shall be constructed, installed, erected or maintained on any Unit unless approved by the Architectural Review Committee and except such fences or gates, in such locations, as were
installed or permitted to be installed by the Declarant in its construction of Improvements on the Units. (g) Any exterior lighting installed or maintained on the Units shall either be indirect or of such Controlled focus and
intensity so as not to disturb the residents of adjacent or nearby property. Flood lighting shall be limited to the equivalent of not more than four (4) 100 watt bulbs. Low voltage lighting shall be limited to no more than
twelve (12) fixtures per Unit.
9. Vehicular Parking, Storage and Repairs.
(a) No house trailer, camping trailer, boat trailer, hauling trailer, boat, or accessories thereto, truck (larger than 3/4 ton), self-contained motorized recreational vehicle, motorcycle, or other type of recreational
vehicle or equipment, may be parked or stored on the Units unless such parking or storage is within the garage area of any Unit or located on a paved area of the Lot and suitably screened from view by a fence not to exceed five
feet (5') in height unless the Unit is bounded by an arterial street, in which case a six foot (6') fence shall be permitted adjacent to such arterial in accordance with the requirements of the Architectural Review Committee
such that such vehicle will not be visible from the ground level of any adjacent Unit or from the street, and such storage site shall be located so as to provide paved access from the site to a public Street. None of the
aforesaid restrictions shall be interpreted to prohibit a vehicle parked as a temporary expedient for loading, delivery or emergency. This restriction, however, shall not restrict trucks or other commercial vehicles which are
necessary for construction or for the maintenance of the Units or any Improvements located thereon. (b) Except as hereinabove provided, no abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked
on any Unit. An "abandoned or inoperable vehicle" shall be defined as any automobile, truck, motorcycle, or other similar vehicle, which has not been driven under its own propulsion for a period of seventy-two (72)
hours or longer, or which does not have an operable propulsion system installed therein; provided, however, that otherwise permitted vehicles parked by Unit owners while on vacation (for a maximum of two (2) weeks) or during a
period of illness shall not be deemed to be abandoned. (c) In the event the Master Association shall determine that a vehicle is parked or stored on any Unit in violation of subsections (a) or (b) of this Section 9, then a
written notice describing said vehicle shall be personally delivered to the owner thereof (if such owner can be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the owner thereof cannot be
reasonably ascertained), and if the vehicle is not removed within a reasonable time thereafter, as determined by the Master Association in its discretion from time to time, the Master Association shall have the right to remove
the vehicle at the sole expense of the owner thereof. (d) No activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any kind of vehicles, trailers or boats, may be
performed or conducted on any Unit unless it is done within completely enclosed structure(s) which screen the sight and sound of the activity from the street and from adjoining property. The foregoing restriction shall not be
deemed to prevent washing and polishing of any motor vehicle, boat, trailer, motor-driven cycle, or other vehicle, together with those activities normally incident and necessary to such washing and polishing.
10. Sight Distance at intersection. No Improvement having a height in excess of three (3) feet above the elevation of the lowest point the crown of the adjacent roadway shall be placed or permitted to remain on any corner
Unit within the triangle formed by measuring from the point of the intersection of the front and exterior side lot lines a distance of thirty (30) feet along said front and side lot lines, connecting the points so established to
form a sight triangle on the area of the lot adjacent to the street intersection. The foregoing to the contrary notwithstanding, it is expressly understood that the provisions of this section shall be subject to any applicable,
laws. 11. Height Restrictions. No Improvement shall exceed the heights permitted by applicable ordinances, rules or regulations or thirty-five (35) feet in height, whichever is less, as measured vertically from the average
finished grade immediately adjacent to such Improvement to the highest point of the Improvement, including rooftop appurtenances. 12. Nuisances. No nuisance shall be permitted on any Unit nor any use, activity or practice
which is a source of annoyance or embarrassment to, or which offends or disturbs the resident of any Unit or which interferes with the peaceful enjoyment or possession and proper use of any Unit, or any portion thereof, by its
residents. As used herein, the term "nuisance" shall not include any activities of Declarant which are reasonably necessary to the development and construction of, and sales activities on, the Units; provided, however,
that such activities of the Declarant shall not unreasonably interfere with any Unit owner's use and enjoyment of his Unit, or with any Unit owner's ingress and egress to or from his Unit and a public way. No noxious or offensive
activity shall be carried on upon any Unit nor shall anything be done or placed on any Unit which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. Further, no immoral, improper, offensive or
unlawful use shall be permitted or made of any Unit or any portion thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the Units, or any portion thereof, shall be observed. 13.
Units Not to be Subdivided. No Unit shall be subdivided, except for the purpose of combining portions with an adjoining Unit provided that no additional building site is created thereby. Not less than one entire Unit, as
conveyed, shall be used as a building site. 14. No Hazardous Activities. No activities shall be conducted on any Unit or within Improvements constructed on any Unit which are or might be unsafe or hazardous to any person
or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any Unit and no open fires shall be lighted or permitted on any Unit except in a contained barbecue unit while attended and in use
for cooking purposes or within an interior fireplace. 15. No Annoying Light, Sounds or Odors. No light shall be emitted from any Unit which is unreasonably bright or causes unreasonable glare; no sound shall be emitted
from any Unit which is unreasonably loud or annoying; and no odor shall be permitted from any Unit which is noxious or offensive to others. 16. Restrictions on Trash and Materials. No refuse, garbage, trash, lumber, grass,
shrub or tree clippings, plant waste, metal, bulk materials, scrap or debris of any kind shall be kept, stored, or allowed to accumulate on any Unit unless placed in a suitable container suitably located solely for the purpose of
garbage pickup. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No garbage or trash cans or receptacles shall be maintained in an exposed or unsightly manner. 17.
Minor Violations of Setback Restrictions. If upon the erection of any structure, it is disclosed by survey that a minor violation or infringement of setback lines has occurred, such violation or infringement shall be deemed
waived by the owners of each Unit immediately adjoining the structure which is in violation of the setback, and such waiver shall be binding upon all other Unit owners. However, nothing contained in this Section 17 shall prevent
the prosecution of a suit for any other violation of the restrictions, covenants, or other provisions contained in these Protective Covenants. A "minor violation," for the purpose of this Section, is a violation of not
more than four (4) feet beyond the required setback lines or Unit lines. This provision shall apply only to the original structures and shall not be applicable to any alterations or repairs to, or replacements of, any of such
structures. 18. Rules and Regulations. Rules and Regulations concerning and governing the Units may be adopted, amended or repealed from time to time by the Architectural Review Committee. 19. Units to be Maintained
. Each Unit shall at all times be kept in a clean, sightly and wholesome condition by the Unit owner of the Unit. No trash, litter, junk, boxes, containers, bottles, cans, implements or machinery shall be permitted to remain
upon any Unit except as necessary during the period of construction or as provided in Section 12 of this Article. 20. Leases. The term "lease," as used herein, shall include any agreement for the leasing or
rental of a Unit, or any portion thereof, and shall specifically include, without limitation, month-to-month rentals and subleases. Any Unit owner shall have the right to lease his Unit, or any portion thereof, under the following
conditions:
(a) All leases shall be in writing, and a copy of the lease delivered to the Master Association or the Master Association's Managing Agent, if any; and (b) All leases shall provide that the terms of the lease and lessee's
occupancy of the leased premises shall be subject in all respects to the provisions of these Protective Covenants and that any failure by the lessee to comply with any of the aforesaid documents, in any respect, shall be a
default under the lease; and (c) No lease shall be for less than thirty (30) days.
21. Maintenance of Grade and Drainage. As more fully provided in that certain Declaration of Covenants Concerning the Maintenance of Certain Improvements to Real Property as the same has been or will be recorded in the
real property records of Arapahoe County, Colorado, each Unit owner shall maintain the grading upon his Unit at the slope and pitch fixed by the final grading thereof, including landscaping and maintenance of the slopes. Each Unit
owner agrees, for himself and his successors and assigns, that they will not in any way interfere with the established drainage pattern over any real property which they have a duty to maintain, from adjoining or other real
property. In the event that it is necessary or desirable to change the established drainage over any Unit or other real property which a Unit owner has a duty to maintain, then the party responsible for the maintenance of such real
property shall submit a plan to the Architectural Review Committee for its review and approval, in accordance with the provisions of Article II of these Protective Covenants. For purposes of this Section 21, "established
drainage" is defined as the drainage which exists at the time final grading of a Unit is completed. 22. Street Lighting. The Units shall be subject to and bound by the Intermountain Rural Electric Association tariffs
which are now and may in the future be filed with the Public Utilities Commission of the State of Colorado relating to street lighting together with rates, rules and regulations therein provided and subject to all future amendments
and changes thereto. The then owner of each Unit shall be billed a portion of the costs of public street lighting for the Units according to the Intermountain Rural Electric Association rates, rules and regulations, including
future amendments and changes, on file with the Public Utilities Commission of the State of Colorado. 23. Easement for Encroachments. To the extent that any Improvements located on any Unit encroaches on any other Unit, a
valid easement for the encroachment exists. The easement does not relieve a Unit owner of liability in case of willful misconduct nor relieve a Declarant or any other Person of liability for failure to adhere to the plats and maps.
24. Easements for Drainage and Utilities. Easements for the installation and maintenance of utilities, drainage facilities, public or private improvements and access thereto are reserved as shown on the recorded plats
affecting the Units and any amendments to such plats or as established by any other instrument of record. Declarant hereby reserves, to itself and to the Master Association, easements for drainage or drainage facilities across the
five (5) rear and five (5) side feet of each Unit. As more fully provided in Article III, Section 21, of these Protective Covenants, no Improvements shall be placed or permitted to remain on any Unit nor shall any change in grading
be permitted to exist which may change the direction of flow or obstruct or retard the flow of water through channels or swales within such rear and side yard drainage easements. Declarant reserves to itself and to the Master
Association the right to enter in and upon each five foot rear and side yard drainage easements and at any time to construct, repair, replace or change drainage structures or to perform such grading, drainage or corrective work as
Declarant may deem necessary or desirable in their sole discretion from time to time. All conveyances of any Unit hereafter made, whether by the Declarant or otherwise, shall be construed to grant and reserve the easements
contained in these Protective Covenants even though no specific reference to such easements or to this Article appears in the instrument of such conveyance. ARTICLE IV
GENERAL PROVISIONS 1. Enforcement. Enforcement of these Protective Covenants may be by any proceeding at law or in equity against any Person violating or attempting to violate any such provision. Any aggrieved Unit
owner shall have the right to institute, maintain and prosecute any such proceedings. For each claim, including, but not limited to, counterclaims, cross-claims and third-party claims, in any legal proceeding to enforce the
provisions of these Protective Covenants, the court shall award to the party prevailing on such claim the prevailing party's reasonable collection costs and attorney fees and costs incurred in asserting or defending the claim.
Failure by any Unit owner to enforce any covenant, restriction or other provision herein contained, or any other provision of any of the aforesaid protective Covenants, shall in no event be deemed a waiver of the right to do so
thereafter. 2. Severability. All provisions of these Protective Covenants are severable. Invalidation of any of the provisions of any such documents, by judgment, court order or otherwise, shall in no way affect or limit
any other provisions which shall remain in full force and effect. 3. Duration, Revocation, and Amendment.
(a) Each and every provision of these Protective covenants shall run with and bind the land for a term of twenty (20) years from the date of recording of these Protective Covenants, after which time these Protective
Covenants shall be automatically extended for successive periods of ten (10) years each. These Protective Covenants may be amended during the first twenty (20) year period, and during subsequent extensions thereof, by a vote or
agreement of the owners of at least sixty-seven percent (67%) of the owners.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 24th day of 1993.
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DECLARANT: |
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VILLAGE HOMES OF COLORADO, INC.,A Colorado Corporation |
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By:___________________Its: President |
STATE OF COLORADO COUNTY OF ARAPAHOE |
)) ss. ) |
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The foregoing instrument was acknowledged before me this 24th day of June, 1993 by
John E. Osborn as President of Village Homes of Colorado, Inc., a Colorado corporation, Declarant. |
Witness my hand and official seal. |
My commission expires September 6, 1993 |
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/Signed/Notary Public |
EXHIBIT ATO PROTECTIVE COVENANTS FOR PINEY CREEK FILING NO. 6A (MORNINGSIDE) The Property:
Lots 1 through 9, Block 1; Lots 1 through 30, Block 2; Lots 1 through 27, Block 3; Piney Creek Filing No. 6A, the plat for
which was recorded December 29, 1992, in Book 107, Pages 3 and 4, in the office of the Clerk and Recorder of Arapahoe County, Colorado. ASSIGNMENT OF ARCHITECTURAL CONTROL OR APPOINTMENTOF AREA REVIEW COMMITTEE PINEY CREEK FILING 6A MORNINGSIDE WHEREAS, on June 30, 1993, Village Homes of Colorado, Inc. as Declarant, recorded Protective Covenants for Piney
Creek Filing 6A, also known as Morningside, in Book 7007, Page 212 in the Arapahoe county records; WHEREAS, Lots 1 through 9, Block 1; Lots 1 through 30, Block 2; Lots 1 through 27, Block 3; Piney Creek Filing No. 6A,
were annexed into the Piney Creek Maintenance Association pursuant to an Annexation of Additional Land, recorded on September 7, 1993, in Book 7119, Page 075 in the Arapahoe County records;
WHEREAS, pursuant to Article II, Section 1, the Architectural Review Committee shall consist of three (3) or more
persons appointed by the Declarant; provided, however, that at such time as all the real property described on Exhibit A
to these Protective Covenants has been conveyed by Declarant to the first Unit Owner thereof, (other than Declarant),
and each Lot within such real property includes a residential structure with a final Certificate of Occupancy, the
then-existing and future members of the Architectural Review Committee shall succeed to all the rights, powers and duties of the Declarant as provided in this Section 1;
WHEREAS, pursuant to Article I, Section 4 of the Protective Covenants for Filing 6A, the real property described on Exhibit A
is or shall be subject to that certain Declaration of Covenants, Conditions and Restrictions of Piney Creek Maintenance Association, Inc. as recorded on November 9, 1983, in Book 4007 at Page 423. To the extent that there are
conflicts between the provisions of these Protective Covenants for Filing 6A and the Master Declaration, the provisions of the Master Declaration control;
WHEREAS, C.R.S.38-33.3-302(1) (o) of the Colorado Common Interest Ownership Act allows the Maintenance Association to exercise any other powers conferred by its Declaration or Bylaws;
WHEREAS, C.R.S.38-33.3-302(1) (p) of the Colorado Common Interest Ownership Act allows the Association to exercise all other powers that may be exercised in this state by legal entities of the same type as the Association;
WHEREAS, C.R.S.38-33.3-302(1) (q) of the Colorado Common Interest Ownership Act allows the Association to exercise any other powers necessary and proper for the governance and operation of the Association;
WHEREAS, Declarant and the Architectural Review Committee for Filing 6A find it to be in the best interests of all Owners
within Piney Creek Filings 1, 2, 3, 4, 5, 6A, 7, 8, 9 and 12 that covenant enforcement in all Filings be controlled and enforced
by the Piney Creek Maintenance Association and a single Architectural Control Committee, to consist of members from all Filings;
WHEREAS, Declarant and the Architectural Control Committee for Filing 6A share a common goal of establishing standard architectural control, methods and procedures for all of the Filings located within Piney Creek;
WHEREAS, the appropriate parties for the other Filings have also assigned architectural control for each of the Filings
located in Piney Creek to the Piney Creek Maintenance Association and a single Architectural control Committee; and WHEREAS, Declarant approves of and adopts the Board Resolution of the Board of Directors for Piney Creek
Maintenance Association Regarding Architectural Control of which this Assignment is made a part of and which was recorded on January 12, 1995 in Book 7833, Page 186 of the Arapahoe County, Colorado, records.
NOW, THEREFORE, after extensive review, the parties hereby agree that: 1. The Architectural Review Committee of Filing 6A hereby appoints the Piney Creek Architectural Control Committee
General Council as the future Architectural Review Committee for Filing 6A. 2. Architectural Control and enforcement of all covenants and architectural guidelines is hereby relinquished by the
Architectural Review Committee for Filing No. 6A and assigned to the Piney Creek Maintenance Association and the Piney Creek Architectural Control Committee General Council.
3. The Piney Creek Maintenance Board of Directors and the Piracy Creek Architectural Control Committee General Council
shall have the power to remove and appoint members of the Architectural Control Committee General Council as deemed
necessary by the Board and Council. However, reasonable attempts shall be made to have three residents within Filing 6A serve on the Architectural Control Committee.
4. Said relinquishment and assignment is hereby accepted by the Piney Creek Maintenance Association and the Piney Creek Architectural Control Committee General Council.
5. Said relinquishment and acceptance are effective as of the date this document is recorded in the records of Arapahoe County, Colorado.
DECLARANT:VILLAGE HOMES OF COLORADO, INC. |
PINEY CREEK MAINTENANCE ASSOCIATION, INC. |
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By: /signed/Title: President Date: 7/26/95 |
By: /signed/ Leslie C. RossTitle: President Date: 8/21/95 |
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FILING 6A ARCHITECTURAL REVIEW COMMITTEE |
PINEY CREEK ARCHITECTURAL CONTROL COMMITTEE GENERAL COUNCIL |
/signed//signed/ /signed/ Date: 31 January 1995 |
By: /signed/ T.J. WoroszTitle: Chairman Date: 8/22/95 |
ANNEXATION OF ADDITIONAL LANDTO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PINEY CREEK MAINTENANCE ASSOCIATION
KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, Piney Creek Development co. has heretofore executed and caused to be recorded that certain Declaration of
Covenants, Conditions and Restrictions of Piney Creek Maintenance Association, recorded November 2, 1983, in Book
4007 at Page 423 in the office of the Clerk and Recorder of Arapahoe County, Colorado (the "Declaration"); and
WHEREAS, the rights of Piney Creek Development Co. as the Declarant under the Declaration were assigned to M.D.C. Land Corporation by an Assignment of Declarant Rights recorded June 21,1991, in Book 6184 at Page 787 of the Arapahoe
County records. M.D.C. Land Corporation is referred to herein as "Declarant." WHEREAS, Article 19, Section 4b(i) of the Declaration permits the annexation of additional land thereto by the Declarant
until ten (10) years from the date the Declaration was recorded. Each annexation is to be effected, if at all, by recording a
document in the office of the Clerk and Recorder of the County of Arapahoe, Colorado, which document shall provide for annexation to the Declaration at the property described therein.
NOW, THEREFORE, the undersigned Declarant, with the express consent and approval of the owner of the property described in Exhibit A and the express consent and approval of Piney Creek Maintenance Association, Inc., does annex
the land described in Exhibit A, attached hereto and incorporated herein by this reference, said annexation to be effective
upon the recording of this Annexation of Additional Land in the office of the Clerk and Recorder of the County of Arapahoe, Colorado. The property described in said Exhibit A shall be subject to all rights, duties, privileges, and
obligations set forth in the Declaration, including, without limitation, all provisions regarding obligations to pay assessments to the Piney Creek Maintenance Association, Inc., and any rights to cast votes as members of said
Association. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal this 6th day of August , 1993.
ATTEST:By: /signed/ Kenneth Ryerson Its: Vice President |
M.D.C. LAND CORPORATIONBy: Paris G. Reece III Its: Vice President |
State of ColoradoCity and County of Denver |
)) SS. ) |
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The foregoing instrument was acknowledged before me this 6th day of August 1993, by
Paris G. Reece III as Vice President of M.D.C. Land Corporation |
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/signed/ Susan M. LichtNotary Public |
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Village Homes of Colorado, Inc., the owner of the property described in Exhibit A, hereby ratifies, approves
and consents to the annexation of the property described on Exhibit A hereto to the Piney Creek Maintenance Association. |
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ATTEST: |
VILLAGE HOMES OF COLORADO, INC. |
By: /signed/Its: Secretary |
By: /signed/Its: _____________ |
STATE OF COLORADOCOUNTY OF Arapahoe |
)) SS. ) |
The foregoing instrument was acknowledged before me this 28th day of July, 1993, by
John E. Osborn as President and _______ as Secretary of Village Homes of Colorado, Inc. |
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/signed/Notary Public |
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Piney Creek Maintenance Association, Inc. hereby ratifies, approves and consents to the annexation of the
property described on Exhibit A hereto to the Piney Creek Maintenance Association. |
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ATTEST: |
PINEY CREEK MAINTENANCE ASSOCIATION, INC. |
By: /signed/ Janet L. MuellerIts: President |
By: /signed/ Allan L. CunninghamIts: Treasurer |
STATE OF COLORADOCOUNTY OF Arapahoe |
)) SS. ) |
The foregoing instrument was acknowledged before me this 20th day of July, 1993
, by Janet L. Mueller as President and Allan L. Cunningham as Treasurer of Piney Creek Maintenance Association, Inc. |
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/signedNotary Public |
EXHIBIT ATO ANNEXATION OF ADDITIONAL LAND TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PINEY CREEK MAINTENANCE ASSOCIATION The Property: Lots 1 through 9, Block 1; Lots 1 through 30, Block 2; Lots 1 through 27, Block 3; Piney Creek Filing No. 6A, the plat for
which was recorded December 29, 1992, in Book 107, Pages 3 and 4, in the office of the Clerk and Recorder of Arapahoe County, Colorado. DEPARTMENT OF VETERANS AFFAIRS APPROVAL
Having determined that this Statment of Intention to Annex Additional Real Property to Declarations of Covenants, Conditions and Restrictions for Piney Creek Filing 6A
is in accord with the general plan heretofore approved by the Department of Veterans Affairs, the Department of Veterans Affairs hereby approves and Consents to this Statement of Intention to Annex Additional Real Property.
IN WITNESS WHEREOF, the Department of Veterans Affairs has caused its name to be hereunto subscribed by its authorized representative this 24th day of Aug, 1993.
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DEPARTMENT OF VETERAN AFFAIRS |
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By: /signed/ Joe RenoTitle: Agent |
STATE OF COLORADOCOUNTY OF Jefferson |
)) SS. ) |
The foregoing instrument was acknowledged to before me this 24th day of Aug., 199
3 by Joe Reno as Agent of the Department of Veterans Affairs. |
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/signed/Notary Public |
My commission expires 9-26-95 |
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