Woodside HOA Covenants,
AMENDED DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
(Additional Amendments to CC&Rs)
THIS DECLARATION, made this 31st day of March, 1976, by WOODSIDE LTD., a Colorado corporation, hereinafter referred to as "Declarant."
WHEREAS, Declarant is the Owner of certain real property situate in the Counties of Park and Jefferson, State of Colorado, which real property is legally platted, subdivided and described as follows:
Woodside Park, Unit 2, Unit 3 and Unit 4
AND WHEREAS, Declarant desires to amend that certain Declaration of Covenants, Conditions, and Restrictions, executed December 19, 1975 and recorded in Book 2804 beginning at Page 140 of the records of the County Clerk and Recorder of the County of Jefferson, State of Colorado and also recorded in Book 249 beginning at Page 384 of the records of the County Clerk and Recorder of the County of Park, State of Colorado, by amending said prior Declaration of Covenants, Conditions and Restrictions in its entirely as to the real property described above.
NOW THEREFORE, Declarant hereby declares that all of the real property described above shall be held, sold and conveyed subject to the following easements restrictions, covenants and conditions, in addition to the provisions as set forth in applicable County Land Use Regulations (LURs). Where a conflict exists between the requirements of these easements restrictions, covenants and conditions and the requirements of a LUR(s), the more restrictive of the two takes precedence. Said easements restrictions, covenants and conditions, as complemented by the architectural regulations, are for the purpose of protecting the value and desirability of the above described real property and shall run with the land and be binding hereafter on al/parties having any right, title or interest in and to said real property or any part thereof their heirs, successors and assigns. Said easements, restrictions, covenants and conditions shall inure to the benefit of each Owner as hereafter described. (Amended February 20, 2012 - See amendment document)
Section 1. "Committee" shall be defined as Woodside Park Architectural Control Committee, its successors and assigns.
Section 2. "Owner" shall be defined as the record owner, whether one or more persons or entities, of a fee simple estate in any Lot which is a part of Properties.
Section 3. "Properties" shall be defined as that certain real property hereinbefore described.
Section 4. "Lot" shall be defined as the parcels of land shown upon the recorded subdivision plat of the Properties.
Section 5. "Declarant" shall be defined as Woodside Ltd., its successors and assigns.
LAND USE AND BUILDING TYPES
Section 1. LOTS AND DWELLINGS:
All Lots shall be zoned in accordance with applicable County practices and shall be used only for purposes allowed under the zoning classification set down, except that one or more Lots may be used for the erect/on of a country club, equestrian center, or other similar establishment for the benefit of all Owners of the Lots. Exception: As title to the existing equestrian center is held by the Woodside Park Units 2 3 and 4 Home Owners Association (HOA) and HOA funds are used for the operation and maintenance of that facility, only dues paying members of the HOA, and their accompanied quests, shall be permitted full access to and use of the premises. (Amended February 20, 2012 - See amendment document) Except as herein provided, no building shall be erected, altered, placed or permitted to remain on any Lot except for one detached single-family dwelling and private garage per Lot and multiple family dwellings provided that the number of Lots equal to the number of family units in a multiple dwelling is included in the legal description by which said multiple dwelling is thereafter known and described, and provided further that the additional Lott so included shall remain as open space for the use and benefit of the Owner of the multiple family dwelling. Only new dwelling construction shall be permitted in this subdivision and no older buildings shall be moved onto any Lot. Guest houses are permitted to be constructed by written permission obtained from the Committee.
All Lots shall be zoned in accordance with applicable County practices and shall be used only for purposes allowed under the zoning classification set down, except that one or more Lots may be used for the erect/on of a country club, equestrian center, or other similar establishment for the benefit of all Owners of the Lots. Exception: As title to the existing equestrian center is held by the Woodside Park Units 2 3 and 4 Home Owners Association (HOA) and HOA funds are used for the operation and maintenance of that facility, only dues paying members of the HOA, and their accompanied quests, shall be permitted full access to and use of the premises.
Section 2. DWELLING SIZE:
The ground floor area of any main dwelling structure shall contain not less than 1200 square feet of finished living area for a one story dwelling exclusive of garages and not less than 800 square feet of finished living area for a multiple story dwelling exclusive of garages. Any multiple story dwelling shall have at least 1400 square feet of finished living area.
Section 3. BUILDING LOCATION:
No building shall be located on any Lot nearer than 50 feet to any road right of way or nearer than 50 feet to any side or rear Lot line.
Section 4. BUILDING DESIGN AND COMPLETION:
Exterior design and location of all buildings must be approved in writing by the Committee before construction is commenced. and all applicable building codes, permits and County approvals must be obtained prior thereto. Exteriors of buildings must be completed within 6 months from start of construction. No dwellings shall be occupied unless and until a Certificate of Occupancy has been obtained from the applicable County.
Section 5. TEMPORARY STRUCTURES:
No structure of a temporary character nor any trailer, mobile home, basement, tent, shack garage, or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.
Section 6. ANIMALS:
The keeping of any and all animals shall be in accordance with applicable County LURs except that under no circumstance shall more than 4 equine animals be allowed to be kept on any one Lot. (Amended February 20, 2012 - See amendment document)
Any corral area constructed to maintain authorized animals shall not exceed, in area, 25% of the Lot size. All corrals, stalls and barns shall be located at least 50 feet from any dwelling and at least 100 feet from any watercourse or water well. All corrals, stalls and barns shall be routinely cleared of organic waste which shall be removed from the Lot. Runoff containing organic waste shall not be allowed to drain onto adjacent Lots or any watercourse. Any grazing outside such enclosed area shall be kept to a minimum so as to ensure adequate natural grass cover to avoid erosion. (Amended February 20, 2012 - See amendment document)
Section 7. FENCES AND OUTBUILDINGS:
Prior to any construction, the designated erection of all fences and outbuildings, such as barns must be approved in writing by the Committee. No. fences of which any part is what is commonly known as barbed wire shall be approved. Any livestock fence must be set back at least 100 feet from the front Lot line of any Lot.
Section 6. NUISANCES:
No noxious of offensive activity shall be carried on upon any Lot, either as a hobby or business, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.
Section 9. AUTOMOBILES:
No inoperative automobiles or other vehicles or machinery without a valid license shall be placed upon any Lot for longer than 10 days unless stored in a garage or carport.
Section 10. Hunting:
Hunting is prohibited within the subdivision. (Amended February 20, 2012 - See amendment document)
Section 1. EASEMENTS:
There are hereby reserved for the purpose of installing and maintaining public, quasi-public and/or private utilities, certain easements, which easements are reserved as described on the recorded plat of this subdivision. No encroachments shall be made upon any of such easements. The building of fences, buildings, garages, and similar structures, and the planting of shrubbery, trees, and other plants, shall not interfere with the full and unrestricted use of such easements.
Declarant reserves the right to assign any and all easements presently existing or hereinafter granted for the installation and maintenance of utilities or for any other use should the same appear to be necessary for the benefit of any Lot. In such event, any walls, fences, paving, planting or other improvement placed thereon by the Owner of the Lot upon which the easement lies shall be removed as required by Declarant or its assigns and at the expense of the Owner of any such Lot.
Said easements may be usable as equestrian and pedestrian trails and such use therefore shall be placed under the control of the Committee. Said Committee shall be responsible for implementing such use and for promulgating such rules and regulations as may be deemed appropriate.
Section 1. ARCHITECTURAL CONTROL:
No building shall be erected, placed or altered on any Lot until the construction plans, specifications and site p/an showing the location of the structure have been approved by the Committee. Committee approval shall not be required for interior alterations. Approval by the Committee is notice that the submitted plans do meet covenant requirements. However, it remains the responsibility of the plan submitter to obtain any and all required County building permits and to abide by any and all applicable County building codes. (Amended February 20, 2012 - See amendment document)
The approval of the Committee shall not be unreasonably withheld and the Committee shall act upon all such requests of the Owners whether by way of approval or disapproval, within thirty (30) calendar days of the Owner's submission to the Committee of the required plans and specifications. In the event of disapproval by the Committee, the Committee shall specify its reasons for disapproval and indicate the action necessary to bring the plans and specifications into conformity so that the necessary approval may be obtained.
Section 2. ARCHITECTURAL CONTROL COMMITTEE:
There is hereby created the Woodside Park Architectural Control Committee for the purpose of maintaining within the Properties a style and nature if building design which is homogeneous with and complementary to the environmental setting of the subdivision.
Section 3. MEMBERSHIP:
The Committee shall initially be composed of the Declarant or its agent and the same shall serve until successors are elected and/or appointed. The Declarant will relinquish responsibility of the Committee to a five-member Committee made up of Owners at such time as Declarant may decide.
It shall remain the prerogative and within the jurisdiction of the Committee to review applications and grant approval for any amendments to this Declaration. Amendments to this Declaration may be made only when such amendments do not in any way detract from the purposes of this Declaration as set out above.
Section 1. AMENDMENT OF COVENANTS:
These covenants, conditions and restrictions are to run with the land and shall be binding upon all parties and all persons claiming thereunder in perpetuity. (Amended February 4, 2009 - See amendment document)
Section 2. ENFORCEMENT:
Where applicable, enforcement of these covenants, conditions and restrictions will be in accordance with County LUR provisions. (Amended February 20, 2012 - See amendment document)
In the event County LUR provisions are not applicable or specified, enforcement.. Enforcement of these covenants, conditions and restrictions by the Committee or any Owner, shall be by a proceeding at law or in equity against any person or persons violating or attempting. to violate any covenant, condition or restriction either to restrain such violation or attempted violation or to recover damages. Failure by the Committee or by any Owner to enforce any covenant, condition or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In all other regards the COVENANTS shall remain in full force and effect. (Amended February 20, 2012 - See amendment document)
Section 3. HOMEOWNERS ASSOCIATION:
It shall remain the prerogative of the home and lot owners of Woodside Park, Units 2, 3, and 4, to establish and operate a Homeowners Association (‘BOA”), which has occurred. The HOA as it currently exists, functions in accordance with governing bylaws as adopted by its membership and under Colorado law. in addition, the HOA Board of Directors and the Architectural Control Committee will work in mutually supportive roles to protect the value and desirability of the real property contained within the geographical boundaries of the development (Amended February 4, 2009 - See amendment document)
Section 4. SEVERABILITY:
Invalidation of any one of the within Covenants, Conditions or Restrictions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. (Amended February 4, 2009 - See amendment document)
IN WITNESS WHEREOF, the undersigned has on the day and year first above written executed this DECLARATION.
WOODSIDE LTD. (Duly signed by authorized officer, witnessed, and notarized on March 31st, 1976)
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