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HomeMy WebLinkAboutbocc.con.010.2005CONTRACT 00¥ ~R ~DGE IN WOODY C~EK SUBDI~SION~UD WHEREAS, JAMES H. COLLINS (hereinafter referred to as "Declarant") has caused certain real property in Pitkin County, Colorado, to be surveyed, subdivided and platted into three lots (collectively, the "Lots" or individually, "Lot 1", "Lot 2" or "Lot 3") as shown on the plat of RIVER RIDGE IN WOODY CREEK SUBDIVISION/PUD (hereinafter "Subdivision"), which plat has been filed for record in the real property records of Pitldn County, Colorado, on the ct 54~ day of ~Ar.x~c.~ ,2005 in Plat Book -/2__ at Pages ~ (hereinafter referred to as "Plat"). NOW, THEREFORE, Declarant, as the owner in fee simple of all of the lands included within said Subdivision as so platted and above described, does hereby declare and acknowledge that Lot 1, Lot 2 and Lot 3 within the Subdivision, as shown on the Plat are and shall hereafter be subject to the covenants, restrictions, and limitations contained hereinafter; provided, however, that these Covenants are applicable to Lot 3 only where a particular condition, restriction or term expressly states that Lot 3 is subject to it. ARTICLE I. GENERAL RESTRICTIONS I. Development, such as overhangs, decks, and other projections, shall occur within the approved building envelopes as shown on the Plat and shall not extend beyond the envelope. 2. No new development, including grading, excavation, fill placement, berming, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building or development envelopes unless otherwise approved by the Pitkin County Community Development Department ("CDD") or County Commissioners ("BOCC"), except for activities such as agricultural cultivation, field maintenance, weed control, irrigation practices, ditch and/or pond construction and necessary wildfire mitigation. Utility and driveway extension and maintenance shall occur within the approved building or access envelopes. Well and septic locations may occur outside of the building envelopes in locations approved by the CDD or BOCC and the Pitkin County Environmental Health Department. Landscaping may occur outside of the building and development envelopes pursuant to a landscaping plan approved by the CDD or as indicated on the Landscaping Plan approved by the BOCC as part of the Final Plat approval for the Subdivision. 3. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 4. On Lots 1 and 2, wood-burning devices (traditional or certified) shall be prohibited. Gas logs on these lots shall be allowed. The fireplace on Lot 3 shall be converted or removed and replaced with either a certified wood burning stove or one gas fireplace, at which time the Owner Page: 2 of 9 03/09/2005 11:44r SILVIA DAVIS PITKIN COUNTY CO R 46.00 D 0.00 of Lot 3 shall obtain a fireplace/woodstove permit from the CDD. 5. If any structures are located downhill of an irrigation ditch, the ditch shall be lined or culverted as necessary. Basements and septic systems shall he located and designed in a manner that avoids impact from ditch seepage or flood irrigation. 6. Passive solar design and excess insulation shall be utilized in the construction of residences. 7. Water conserving fixtures shall be installed in residences. 8. Any contract for the construction of residences shall have a construction management plan that will encourage: car-pooling of workers, on-site tool storage and recycling and reused materials. The amount of fill removed from the sites shall he accomplished through limited excavation, regrading, and use of the fill on-site. Noise and dust shall be controlled during construction. 9. Each of Lots 1 and 2 shall be allowed 5,750 square feet of floor area. Additional square footage may be pursued through GMQS competition or the use of transferable development rights ("TDRs") or any other available process under the Pitkin County Land Use Code. The total floor area for residences and any barns or agricultural buildings allowed collectively on both Lots 1 and 2 shall be limited to 22,500 square feet. This floor area shall be allocated between Lots 1 & 2 either on the Final Plat or at the time of sale of the first of Lots 1 or 2 and memorialized in a recorded document acceptable to the County. In no event shall the floor area contained in a residence on Lot 1 exceed 8,250 square feet nor shall the floor area contained in a residence on Lot 2 exceed 11,250 square feet. Floor area in excess of 8,250 square feet attributable to a residence on Lot 1 or 11,250 · square feet attributable to a residence on Lot 2 may be attributed to an agricultural building or barn structure, and may be constructed on either Lot 1 or Lot 2, provided that total floor area for a residence and a barn or agricultural building on either Lot 1 or Lot 2 shall not exceed 15,000 square feet. For example, if Lot 2 built 11,250 square feet of floor area in a residence, it could have up to 3,750 square feet of floor area for a bum or agricultural building. In such case, Lot 1 would have a total of 7,500 square feet of floor area available (11,250 + 3,750 = 15,000 maximum on Lot 2, subtracted from 22,500 square foot maximum for both lots = 7,500 square feet of floor area available for all uses on Lot 1. Lot 3 shall be allowed 5,750 square feet of growth management exempt residential floor area by right as the fathering parcel. Additional floor area may be pursued through GMQS competition or the use of TDR's or any other available process under the Pitkin County Land Use Code. Additional barn floor area may be allowed pursuant to regulations in effect at the time of building permit for such barn. -2- Page: 3 of 9 03/09/2005 ]! SZLVIfl DI~VZS PITKIN COUNTY CO R 46.00 D 0.00 10. The Owners of Lots 1 and 2 shall place and maintain gravel on the driveways serving those and shall treat them with dust retardant until such time as they are paved or chip-sealed to prevent dust contamination. The Owner of Lot 3 shall treat its driveway with dust retardant until such time as they are paved or chip-sealed to prevent dust contamination 11. Certified lumber shall be used in construction framing of the new residences on Lots 1 and 2. Native stone shall be used whenever possible in landscaping and construction. 12. On the new lots, automatic sprinklers shall be installed in all dwellings. 13. Each building envelope for Lots 1 & 2 establishes a Foundation Setback which is approximately 20 feet from the top of the slope above the Roaring Fork River. No building foundation shall be located closer to the top of said slope than the Foundation Setback. ARTICLE II. WILDLIFE RESTRICTIONS The following restrictions shall govern development of Lots 1, 2 and 3, except that subparagraph # 1 shall not apply to Lot 3 so long as it is Owned by the Declarant or an entity in which the Declarant is a principal or a beneficiary. 1. One dog shall be allowed per lot. Prior to the issuance of a Certificate of Occupancy, a kennel shall be constructed. 2. All waste storage shall comply with Wildlife Protection Ordinance No. 010-2001. Prior to Certificate of Occupancy, compliance with the ordinance shall be verified. 3. Fencing shall comply with Pitkin County guidelines at the time of installation. 4. Native vegetation shall be preserved outside ofthe building and development envelopes, with the exception of agricultural cultivation and any thinning and spacing required to accommodate wildfire mitigation. 5. Fruit-bearing trees and shrubs should be avoided in any landscaping. 6. Each lot owner shall comply with the provisions of the Pitkin County Noxious Weed Management Plan. 7. The ponds created shall have a littoral shelf and shall be fenced from grazing livestock except for a watering location. -3- Page: 4 of' 9 03/09/Z005 1~ :4zh SILVIA onvIs PITKIN COUNTY CO R 46.00 O 0.00 8. Anyhaystacks for horses shall be fenced at the owner's expense with 8' high mesh game proof fencing. ARTICLE III. WILDFIRE RESTRICTIONS The following conditions shall govern development of Lots 1 and 2 in order to reduce the dangers posed by wildfires and shall also govern development of Lot 3 upon the replacement and redevelopment of the single family residence that exists on it as of the date of recording these Covenants: 1. For a distance of 10 - 15' around all structures, maintain vegetation at a height of 6" or less with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be planted with this perimeter. 2. Conifer trees shall not be planted close to any structures. Branches of these trees shall be no closer than 10 feet measured from the outmost branches. 3. Each owner of Lots 1 and 2 respectively shall be responsible for the continued maintenance of the defensible space vegetation requirements. 4. Roofs shall have a non-combustible roof covering on a Class A assembly. Wood shake/shingles roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas tmless they comply with the following: a. All roof coverings shall be noncombustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly. b. Ail roof covetings shall have a surface that shall facilitate the natural process of clearing the roof. c. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. d. Roofs shall be installed as required by the UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. e. All roof designs, covetings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 5. Vents shall be screened with corrosive resistant wire mesh with mesh ¼ inch maximum. -4- Page: 5 of 9 SILVIA DAVIS PITKIN COUNTY CO R 46.00 D 0.00 6. Roofs and gutters shall be kept clear of debris. 7. Yards shall be kept clear of all litter, slash, and flammable debris. 8. All flammable materials and firewood/wood piles) shall be stored on a parallel contour a minimum of 15 feet away from any structure. 9. Swimming pools shall be accessible by the Fire Departments. 10. Fences shall be kept clear of brush and debris. 11. Wood fences shall not be connected to the structure. 12. Fuel tanks shall be installed underground with an approved container. 13. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2-hour fire-resistive construction on the exterior side of the walls. 14. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 15. Addresses shall be clearly marked and visible with minimum 2" non-combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on a non-combustible post. 16. Any outbuildings or additional buildings shall adhere to the same standards as structures. 17. All new utility lines shall be buried within the driveways. ARTICLE IV RESTRICTIONS ON AGRICULTURAL PRESERVATION AREA, RIPARIAN PROTECTION ZONE AND NON-DEVELOPMENT AREA 1. Agricultural Preservation Area ("APA"). The "Agricultural Preservation Areas" are located as shown on the Final Plat for the Subdivision. It is intended that these areas be restricted against activities that interfere with agricultural uses and historic irrigation practices. The restrictions and obligations set forth herein shall be binding upon the Owners of lots within which these areas are located (Lots 2 and 3). Said Owners shall satisfy the obligations set forth herein on each of their respective properties. Each Owner shall undertake the active control of noxious weeds in these areas -5- as well as on the rest of their property. No buildings, structures, or improvements of any nature shall be placed, erected, altered, or permitted to remain on the APA, except for necessary utility installations, fences, ponds, irrigation structures, farm or ranch accessory structures, equestrian activity fields and facilities, and any private road which provides access and any other road necessary for agricultural operations, all subject to any requisite County approvals. 2. Riparian Protection Zone ("RPZ"). The RPZ is located as shown on the Final Plat for the Subdivision in the area identified as "Riparian Protection Zone." It is the intent of the RPZ that it be an area of riparian values within which natural vegetation is undisturbed and habitat for migratory waterfowl use will be enhanced. No cattle or horse grazing nor buildings, structures, or improvements of any nature shall he placed, erected, altered, or permitted to remain on the RPZ, except for necessary utility installations, fences, ponds, irrigation structures and facilities and private trails. If necessary for the furtherance of the RPZ intent, private roads may be constructed within the RPZ and vegetation may be planted or removed from the RPZ for purposes of enhancement of its riparian or waterfowl environment or for flood, fire or pest control, all pursuant to further review and approval by the Division of Wildlife and the Community Development Department, except in case of emergency. Generally, activities designed to enhance habitat that are approved by the CDOW and Community Development Department may be undertaken in the RPZ. 3. Non-Development Area ("NDA"). The NDA is located as shown on the Final Plat for the Subdivision in the area identified as "Non-Development Area." It is the intent of the NDA that no development shall be allowed within it except for development which is of the kind permitted in the Agricultural Preservation Areas. ARTICLE V COMMON DRIVEWAY 1. Driveway Use and Maintenance. The Owners of Lots 1 and 2 share a common driveway within Lot 2 as shown and dedicated on the Plat as a "30.0' Access & Utility Easement," referred to herein as the "Common Driveway." The terms of use of the Common Driveway shall be governed by the dedication on the Plat and the terms and conditions set forth herein. 2. Guest Parking. The owners of Lot 1 and Lot 2 shall each have the right to have their occasional guests park along one side of the Common Driveway. This does not allow for overnight parking or long term parking. It is intended that this be for occasional guest parking when there are parties or other special events at each residence. Such parking shall not obstruct the movement of vehicles, including emergency vehicles to each property. 3. Improvements within the Easement. Both the owner of Lot 1 and the Owner of Lot 2 shall each have the right to construct a mailbox and identification sign within the Common Driveway within Lot 2 alongside the driveway and in the vicinity of the intersection of the Common Driveway -6- Page: '7 of $ 03709/2005 11:44 DAVIS PITKIN COUNTY CO R 46.00 D 0.00 with the County Road. No improvements constructed by the owner of Lot 2 within the Common Driveway shall obstruct access by the Owner of lot 1. Utility improvements shall be permitted within the Common Driveway provided they are underground to the extent possible, excluding for example, electrical vaults and similar surface apparatus. The costs of such utilities shall be paid by the Owner who's property is served thereby. The Owners of Lots 1 and 2 shall equally share the costs of and be responsible for maintenance and replacement when necessary, of the landscaping installed by Declarant, if any, along the Common Driveway. 4. Snow Plowing. The Common Driveway shall have regular snow plowing which shall keep it passable for ordinary passenger vehicles. The costs of said snowplowing shall be shared equally by the Owners of Lots 1 and 2. Snow plowing for each property's garage and other areas lying outside the Common Driveway shall be the responsibility of each property. 5. Maintenance and Repair. The Common Driveway shall be maintained and repaired in a good and passable condition for ordinary passenger vehicles. Dust suppressants shall be used as necessary. The cost of such maintenance and repair, dust suppression and any future construction or resurfacing of the driveway shall be shared equally between Lot 1 and Lot 2. 6. Drainage Improvements. Maintenance or repairs or new construction, necessary to accommodate the protection of the Common Driveway from erosion, ditch water or runoff, shall be borne equally by the Owners of Lot 1 and Lot 2. 7. Determination and Payment of Costs. If the Owners of Lot 1 and Lot 2 cannot agree as to the amount of the costs to be incurred for any of the foregoing items or the necessity of such work for items which are not specifically addressed herein, they shall select a local building contractor who shall review any cost or work proposals and shall finally determine whether the work is necessary and/or whether the cost proposals are reasonable. If the parties cannot agree on the selection of the contractor, then the selection of the contractor shall be made by any district or county court judge in Pitkin County, Colorado. 8. Emergency Measures. In the event an emergency occurs which requires immediate maintenance or repair to the easement or improvements located therein, either Owner of Lot 1 or Lot 2 may cause such work to be done and shall attempt to contact the other party in order to discuss the necessary work prior to its being undertaken; provided, however, that if the other party is not immediately available, said work may be done and the parties shall share the costs incurred as provided herein. 9. Lien for Costs. If either Owner of Lot 1 or Lot 2 fails to pay its share of costs, the non- defaulting party shall have right institute litigation to collect such sums as are due and shall also have the right to file a lien on the non-paying party's real property and may enforce said lien by aj udicially authorized sale. In addition, any costs incurred by one party which are to be shared which are not -7- paid by the other party with'm thirty (30) days of an invoice therefore, shall earn interest at the rate of eighteen (18%) percent per annum. In any collection action or any other litigation instituted to enforce or interpret the proxasions of this Article, the prevail'rog party shall be entitled to an award of its attorney fees and onsts. ARTICLE VI AMENDMENT AND MISCELLANEOUS PROViSiONS 1. Amendment. These Covenants maybe amended byunanimous consent of the owners of the lots directly affected by the restriction or provision being mended, ha no event shall any amendment be made which directly and adversely affects a lot which has not consented to the amendment. Notwithstanding the foregoing, the consent of the BOCC shall be required for any amendment to Articles l, Il, Ill, IV or VI. Said amendment shall be evidenced by a recorded document setting forth the amendment mad executed by all requisite parties. 2. Benefit and Enforcement. These covenants shall be perpetual unless revoked by the Owners Lots 1,2 and 3, with the written consent of the County. These Covenants shall run with the land and shall benefit and burden and be enforceable bythe owners of Lots 1, 2 and 3, and with respect to the provisions of Axticles 1, Il, HI. IV or VI, thc Board of County Commissioners of Pitkin County, Colorado. In the event of any litigation concern'rog a breach of the terms of these Covenants or seeking their enforcement, the prevailing party shall be awarded its reasonable attorney fees and COSts. 3. Agricultural Property Tax Classification - Uses. The primary purpose of ownership and use of all property in the Collins Subdivision is for residential purposes. All improvements and uses of lands within the Collins Subdivision are associated with residential use of the property. Any activities occurring on the property, or uses of thc property which would cause the properties to be classified as agricultural land pursuant to Title 39, Colorado Revised Statutes, are prohibited. IN WITNESS WHEREOF, Declarant, as the owner in fee of all of the lands subdivided and described on the Plat has executed this instrument this :~ t day of '7"4.,v' ~f ,2005. By: ~ins -8- STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged ~, t;,~,'~ )/ ,2005 by James H. Collins. before me this c~/~J day of WITNESS my hand and seal. My commission expires: N:\COLL1NS\subdiv\decs-f-( 1 - 14-05).wpd -9-