PROTECTIVE COVENANTS
CHEKSHANI PUD
County of La Plata, State of Colorado
Leon M. Moczarny and Frances M. Moczarny, whose address is 1217 Cedar Street, Wausau, Wisconsin 54401, being the legal and record owners of the subdivision known as Chekshani PUD, which is a portion of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4), and the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) of Section 23, Township 34 North, Range 9 West, N. M. P. M., La Plata County, Colorado, for the protection and benefit of all present and future owners of lots in Chekshani PUD do hereby encumber all of said lands and lots as shown on the official plat thereof with the following protective covenants.
1. LAND USE AND BUILDING TYPE. No lot or Lots within Chekshani PUD shall be used for other than single family residence purposes. There shall not exist on any lot at any time more than one residence. No trailers, tents, shacks, barns, temporary buildings nor out-buildings shall be allowed on said lots except during periods of construction, and then only such as shall be approved in writing by, and subject to the control of, the owners above named, the subdivider, or the Chekshani Homeowners Association (Association) as said Association is hereinafter established. No garage shall be constructed except as an integral part of the residence it is intended to serve. However, in addition to the principal residence building, a guest house may be erected upon each lot for the convenience of the lot owner and not for rental purposes.
No principal residence buildings shall be constructed on any of the lots with a fully enclosed area of less than 1500 square feet, exclusive of carport, garage and open porches, if any.
2. USE AND CARE OF LOTS. The construction, maintenance or display of signs, billboards or advertising structures of any kind is prohibited except that one sign or billboard advertising the rental or sale of a lot, whether improved or unimproved shall be permitted. This restriction shall not apply to billboards erected by the owners or developer for advertising purposes.
3 . SET BACK LINES. No building, nor any part thereof, including garages or porches, shall be erected on any lot closer than 75 feet to the front lot line or closer than 25 feet to either side lot line, or closer than 25 feet to the rear lot line. Notwithstanding anything to the contrary herein, the owners, developer, or Association shall have the right to give permission in writing for a reasonable modification for the setback requirements where, in their discretion, strict enforcement of these setback provisions would work a hardship.
4. SUBDIVISION LOTS. None of the lots is they appear now on the subdivision plat shall at any time be further subdivided.
5. NUISANCES. No obnoxious or offensive activity shall be conducted on any lot. nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owner of any other lots. No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere on the lot.
6. WALLS. No boundary walls shall be constructed with a height of more than 5 feet. No wall of any height shall be constructed on my lot until after the height, type, design and approximate location therefor shall have been approved in writing by the owners, developer or Association.
7. EASEMENTS. A perpetual easement 10 feet wide along the side lot lines and 15 feet wide along the perimeter lot lines for the installation and maintenance of utilities and drainage facilities, including but not limited to electric lines, gas lines, and telephone lines, is hereby reserved and dedicated over and through the private roads and streets within this subdivision, together with an easement being 10 feet in width, which is hereby dedicated along all rear lot lines, together with the right to trim interfering trees and brush, together with the perpetual right of ingress and egress for installation, maintenance and replacement of such lines. Said easements and rights shall be utilized in a reasonable and prudent manner. A perpetual easement 15 feet wide on each side of that drainage ditch known as the Piccoli Ditch as shown on the final plat for Chekshani PUD is hereby reserved and dedicated for the maintenance and improvement necessary, on said ditch.
No building, wall, fence or other structure shall be erected or maintained on any part of any area included within any easement herein above created.
HOMEOWNERS ASSOCIATION.(a) The developer will construct principal residence building in conformance with the Protective Covenants herein, and will provide for all utilities on each of these lots prior to selling any interest therein. As part of the conveyance of each lot with the principal residence buildings so sold there shall be conveyed an undivided one-seventh interest in the common area as shown on the final plat for Chekshani PUD as recorded. The deed of conveyance shall reflect such interest. Said undivided one-seventh interest in the Common Area shall not be conveyed or in any way separated from the interest in the lots with which it is conveyed, nor shall the partitioning of said interest be allowed.
(b)Upon the completion and sale of all seven lots as shown on the final plat for Chekshani PUD as recorded, together with the principal residence buildings thereon, the lot owners shall become members of the Chekshani Homeowners Association, which Association shall be formed for the purpose of the enforcement of these Protective Covenants and for whatever other purpose they may deem appropriate. Under- no circumstances however, shall the Association be empowered to grant the resubdivision or partitioning of any lots or interest in the Common Area.
(c)For the purpose of further insuring the development of the land so platted as an area of high standards, the power is hereby reserved to the Association to control the buildings, structures and other improvements placed on each lot, with the exception of the principal residence buildings, as well as to make such exceptions to these restrictive covenants as the Association shall deem necessary and proper.
(d)Whether or not provision therefore is specifically stated in any conveyance of a lot from the owners above named, the owner or occupant of each and every lot by acceptance of title thereto and by taking possession thereof, covenants and agrees that no building, wall or other structure shall be placed upon such lots unless and until the plans and specifications therefor have been approved in writing by the Association. Each such building, wall or structure shall be placed on the premises only in accordance with the plans and specifications so approved. If no Association exists, or if the Association shall fail to approve or disapprove the plans and specifications within thirty (30) days after written request therefor. then such approval shall not be required, provided that no building or other structure shall be erected which violates any of the covenants herein contained.
(e) Within ten (10) days after the formation of the Chekshani Homeowners Association, the owners shall convey or cause, to be made available to the Association all their interest in and to their right to water by and through the Florida Water Conservancy District hereinafter called Project Water. Said water right is in the amount of ten acre feet per year and is to be used for irrigation purposes only, as agreed upon by the lot owners.
9.ENFORCEMENT. These covenants may be enforced by the Association or by any lot owner or owners in proceedings at law or in equity against any person, persons, or corporation violating or attempting to violate them. Suit may ask for damages, injunctive relief, or any other relief, or any combination thereof. The invalidation of any one or more of these Protective Covenants by any Court of competent jurisdiction in no wise shall affect any of the other Protective Covenants. but they shall remain in full force and effect,.
10.COVENANTS TO RUN WITH THE LAND. The Protective Covenants, as herein provided are to run with the lands herein described and shall be binding on all parties and all persons owning lots in Chekshani PUD, or claiming under them, for a period of twenty-five (25) years from the date of recording of these covenants. After twenty-five (25) years, these Protective Covenants shall be automatically extended for Consecutive periods of ten (10) years each, until or unless a majority of owners of lots in Chekshani PUD shall cause to be recorded in La Plata County, Colorado, an instrument rescinding or changing, these Protective Covenants. Such instrument shall designate the number of lot owners and shall be signed and acknowledged by a majority of the total number of lot owners before a Notary public.
Executed this 30th day of September, 1975.