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10-08-1981 Restatement of 2nd Amend to Protect Convenants of WR Subdivsion in TOAFee $48.00pd STATE, tll' COLORADO, COUNTY ()1' P,AlSIX BOOK _330__ PACE 077 MUM D] 1) AT 2:00 P m October T, R1 ?CRPTit1N No. ^222 111NI:'t i'1•: PnIuLps, -� r.. Restatement of anI Mond Amvn:dment to Protective Covenants of WiIdrid)yo Snhdivision In the. Town of Avon, f talc C-( My-, Colorado 1J11i 1iI AS, W "ildridlYc Developn tit „Co)n } >a),y "(:xercises its power pursuant to Paragraph 32 of the Protective Covenants of Wildriripe Subdivision as recorded on .lulu I2, 1979 in Kok 289 at Pape 123, Reception No. 184524 and hereby amends in total the abav(- rrference.d Protective Covenants and arendment thereto; WHEREAS, ;Jildridge Development Company desires to place certain restrictions on the use of the subject land For the benefit of WDC and the grantees, successors or assigns of 1JI11; in onhi r In estnhlish and maintain the character and value of real Mtate in cliv vicinity n£ the Town of Avon. NOW T"ERE ORE, in consider:)Cicm of then premises, the WOC For itself and its grantees, successors and assigns does hereby impose, onrabIish, Pub I)sh, acknowIodpo, decInry an,l ague with, to and For thf> brnef it. Of A I parsons who may acquire an KI oust in any of tilt Lract : or lota in the tti l,dridgo Subdivision snblect ro till' Followiofr restrictions, COVC,tant R, and conditions, all of which sh.)il he deemed to run with tho land rand inure Co thr bonefit of :)till ho, hindinr upon the t-MC, its respective hranCec °s, successors :)nd as.vil o�. i. Definitions: As us ed herein Be following words and terms Hall hnvo the 1`0110winp meanings: l.l. Architectural and Landscape n(osipn ruidelines - I)e:sin CuidPI hies under separate cover, which set forth the desip:) and Sicinp of huildings and grading rend landscaping of Property. I.2n. CommiCtee - The Covenants (:or),,rittee evtahlisi)ed to administer and enforce provisions of these Covor)ants. 1.2h. DRI1 - Desipn Review Board or Be Town of Avon. 1.2c. MID - Avon McLropolitan (cantor and fire) District. 1.2d. UEVSD - Upper Emile Vall,•v -nnitntion (S('w(tr) District. I.2e. Town - Town of Avon, C')loradn. 1.'1. Commercial Traci - Light t:c) „nnrrciat - ttrtail s: ►lt :inrl commercial :service uses limiit-d to fond, g;rocercios, ltaus(.- hold and wtomot i ve i L ems provided for tile. Convenience of the Subdivision residents, their guests and visitors; care- taker apartment units and municipal services are included in IiFhC commercial uses. 1 .4. Dwelling Unit - One or n)re rooms in addition to a kitchen and bath facilities, in a permanent building, designerl for and used as a riwcllitil; exc1u,iv,'1_y by one family of one or more human heing;s as an "'dependent Itnctsekeeping unit and independent of other such fnmi lies; ,uch dwelling; units shall not include mobile homes, hotela, lodf,r units, clubs, hospitals, temporary structures Such as tents, railroad cars, trailers, motor homes or motor campoi!;, campern, street ears, metal prefabricated sections or similar units. 1.5. Dnple,x ]tesidential 1,ot - A last which cat, he used coley for residential purposes and upon) which not morn than one building, containing no more than two dwr=lling ttttit :; attncht :d by at least one common wall or floor, togethrar with tint more than one garage outbuilding, mazy lac constructed. 1,6. Lot - A lot located in the Subdivision. 1.7. Multiple Unit Residential 1,ot - A lot which cat, be used coley for multiple family residential dwelling purposes (condominiums, townhou,es alwi aipartmvnts) and upon which the number of condominium, townhouse or apartment units to he constructed shall be as shown on the gtthdivision Plat provided Chat all provisions of those protective covenant's are otherwise complied with. 1.R. Subdivision - The r'"1)divisi0n as recorded in the Office of the County Cleric of the County of I.agle, Colorado, l.9. Openspnce Tract - That portion OF the subdivision held in Lrust by wnc and used ro provide common access to the public openspaco for residents and visitors to the subdivision and the public in yenoral , open sapc•e may he used for emerpency and maintenance V13111C1t':;, t,edestrians, ba.cycllStS and cross- country skiers and may he landscaped and t1' tcd by thr WDC or Town as a picnic area upon which there may be constructed and maintained picnic shelters, tables, benches, park benches, fireplaces, barbecue pits and trash containers and related equipment storage buildings. No part of a 'Tract sh.11 1 tie o: ;erl for camping', or ovOrnig;ht stays by nny person or persons, nor ,hall them he permitted, within n►- upon the Tract, any informal or organized public or private gathering; nor any other net by any person or -2- persons (except hereinnftvr wresniv oormit:ted) wt s i c i-7• in the. judgment of the Ww', the f;ommiI tile, or the DIM may deface, alter, destroy or datnngp the Vat uraI con Ann of the vegetation or the aesthetic values of the natural environmental quality of the Tract. Improvements necessary, desirable or convenient fbr the provision and maintenance of utility services may be constructed and maintained thro1wli or cinder the Tract land, provided that such improvements shall not cause permanent disruption or alteration to the surface of the Trnct. Hikers, pedestrians, skiers and bicyclists are expressly permitted to travel on a Tract provided the surface of the Tract is not unreasonably damaged by said activities. 1,10. Cross Residential Floor Area - "Gross residential floor area" means the total floor 11-0,' within the enclosing walls of dwelling units, including closets, service areas, and interior walls within the units, but excluding; balconies, hallways, corridors, stairwells, i�arag;es, and service area. outside the dwelling unit enclosures, and uninhnhitable heating or mechnnical equipment nyoas, 1.11 Park '!Tact - A tract of Innd upon which community recreational activities may be enjoyed, and may include the construction and placing of facilities for such activities. 1.12 Plnt - The Subdivision Plat -,is recorded in the Office of the County Clark of the C "unty of Emile, Colorado, 2. Land Uses- The Subdivision shall he used For the Following purposes: BLOCK I LOT I In UNITS LOT 2 8 KNITS LnTS 3 b q LOTS 5 -8 LOTS 9 -11 LOT 12 LOTS 13 .S 14 LOT 15 LOT 10 L0TS 17 & 18 LOTS 14 -75 LMT 76 LOT 77 -3- 4 UNITS KAMI (i UNITS RAM 4 UNITS KACII 2 UNITS DELETED 4 UNITS 5 UNITS 4 UNITS EACH 1 UNITS IMMI 6 UNITS a UNITS LAND USES (CmainMd); LOTS 78 & 79 LOPS 80 -89 LOTS 90 -100 LOTS 101 & t02 LOTS 103 -ILO LOT I I I LOTS 112 -116 BLOCK 2 LOTS 1 -3 LOTS 4--12 LOT 13 LOT 14 LOPS 15 & 16 LOTS 17 & 18 IOTS I') -' i IAA A) IMTS 2h- Q LC)TS A 1 -46 LOTS 47 -56 BLOCK '1 LOTS 1 -46 LOT 47 LOTS 44 -Y) LOT 60 LOTS 61 -71 BLOCK 4 LOTS 1 -11 LOT 12 LOTS 13 & 14 LOT 15 LOTS 16 -28 LOTS 29 -32 IOTS 33 -38 LOT 39 LOTS 40 L 41 LOTS 42 & 43 LOTS 44-54 LOT 55 LOTS 56 -63 -h- A UNITS 1;AC;11 4 UNITS EACH 2 UNITS EACII 4 UNITS EACU 2 UNITS KAC11 7 UNITS I UNIT EACH 4 UNITS EACH 2 UNITS EACH 4 UNITS 6 UNITS 2 UNITS EACH 4 UNITS EACH 2 UNITS FAC!1 4 UNITS IINTTS F.AC H 4 UNITS EA(;II 2 UNITS EACH 2 UNITS EACH 1 UNIT 2 UNITS EACH I UNIT 2 UNITS F,AC1I 2 UNI'T'S EACH 1 UNIT 2 UNITS I ?ACTT I UNIT 2 UNITS EACIT DRLKTKD 2 UNITS EACH 4 UNITS (2 Duplexes or I Fnnrplex) 2 U "NIT;; F.AC;H 4 !WITS EACH 2 UNITS C:AC;11 3 UNIT`+ 2 UNITS EACH LAND USHS (Continued): LOT 64 4 UNITS LOTS 65--88 2 UNITS EACH LOTS 89 & 90 3 UNITS EACH LOT 91 nELETED BLOCK 5 N,P,O,IZ 0.46 LOT 1 4 UNITS LOTS 2, 6, 8 6 UNITS € ?AC H LOTS 3 & 5 f,i y ht Commorc i nl 5 UNITS EACH 1.01' 4 3 UNI'T'S 14TS 7 & 10 10 UNITS RACH I.OT 9 8 {WITS LOT It 12 UNITS TRACT A, F, thru N,P,O,IZ 0.46 Openspace /Drainnpe/ ROAD RIGHT -OP -WAY Access TRACT H f,i y ht Commorc i nl 338 LOTS Bh,I IIN I T S 685.311 (4 Apartments) TRACT C, D Park TRACT 0 the aIIowvd n.., >i tw,ti ,inpTox SiCs>t Drainage, Access ajrci Ilt.i lity LAND USE SUMMARY SINGLE FAMILY (I UNIT) 9 LOTS 9 UNITS 8.07 ACRES DUPLEX (2 UNITS) 267 LOTS 534 OMITS 24I.I2 AC:Ri:S 'I'RTPt_I•;X (3 UNITS) 4 LOTS 17 UNITS 6.49 101IRPLI:S (4 UNITS) 36 LOTS 144 nr.,iFS 1INIT', 36.62 ACRES UNITS) 3 LOT'S 15 II;ITTS' *r+ UNIT 1 L(rr 4 w\1 \, r'I'S 2. t st, AC:RFS h UNIT I1 LOT'S 60 UNITS 10. 80 AcR,;s 7 UNIT 1 LOT 7 1)NIT'S 1.11 ACRES ;t OMIT 2 LOTS 16 IINI "I'S 2.87 AC;I;FS 10 KNIT 3 LOTS 30 UNIT'S 6.34 ACRES 12 t l ra 1 "I' t I,O'1' 12 UNI'T'S 2.30 ACRES LIGHT COM,IMERCIAL (i TRACT) (4 APARTMI•'NTS) 0.38 ACRES PARK (2 TRACTS) 11.06 ACR €:S OPEN SPACE /ACCt?SS/ DRAINAGE (14 TRACTS) 294.43 ACRES nRAINACF /ACCESS/ UTILITY -5- IRACI) 0.46 ACRES ROAD RIGHT -OP -WAY 338 LOTS Bh,I IIN I T S 685.311 ACRES 'tllazcl< 4 LoL 39 shaI1 have fout'plex site on ,aid lot. the aIIowvd n.., >i tw,ti ,inpTox SiCs>t nr une -5- 3. Architecturnl and Lnndncnpe ile:riZn Cttidel in['s: Qsipn Cnidel ing,s for the Subdivision It:tvr been published under st'par;ntr: cover aril are hereby adopted for use as provided for in these t;nvr•nants. Tt is intended that the Cuildelines shall he followed to the r'xtent possible by all huilders, developers, property owners and rrsidenrs of thr Subdivision, and that the Committee, the DRB and all other agencies follow they Cuidelineys in their reviewing; and permitting; procr'ss, The basic Purpose of they Guidelines is to maintain the aesthetic and ecological qualities of the Subdivision by directing, that all strutures and landscaping; be compatible with one another ;end, insofar as possible, are in harmony with the natural surroundings. Covenants Committee: The Covenants Committee of the Subdivision is hereby e:stnhlisherd And shall he responsibte fur tiro adntiniatration and enforcement of the provisions of these Covenants and the Restrictions as se't fo "ll on the Subdivision Plat. 'lrmbership of the' Co,,ilt,, shall be AC least three but not nu,re: th:ut sryven 1)ct-A oil s. Thr followin;" Mulled prrson:: rtre' hl,io,v appointed Lo thr• initi,-tl t:eMM t L ee : Name �1• S, Rlai r l.. �. Goad R. stevt'nS n. Rosrnhorgt A. J. WOW. Address Avon, Colorado Avon, Colorado ;von, Colorado Avon, Colorado Avon, Colorado Wmhrrs of the COMmittee are appointed by and :;hall serve at the sole pleasure of the WDC. The Committee shall hold an organizational meetings to elocr officors and e Emi'lish oper;ttinA ntlos and r"rocedures; and it shall meet as required ro consider and approve or disapprove, appliCations for any nrorrone'd change in the existing stnte of the Subdivision or Cho Subdivision Pint. it is the inCention Of the WI)t; that till, Town and its 1)Rli shall follow and utilize rho Architectural and landscape n.sigqu Widel invn and nthrr appropriate provisions of these Covenants. 11W tdlx' shall monitor procoodings of the Town and its DRR regarding; - Ic•tions pE:rtaining: to the Subdivision and shall, when determined necessary, have the Cerrmnittee meet and consider any particular proposed activity. In this connection, the (;orr<nittev shrill consider any action taken by the Town or its l)ttR to he tan"'nount to a d0Ci'7iUll by the (WmmiLtVe eoi,hi, day, the Committee notifies the Ti)wn or the IIRI1 and the Iwrson(s) involved of the Committees objections to such decisions. in ;, "WI eve nt the ope >ratirtg: rules and procedures of the Coranittee :;hall he foElowed, l;M S. flans antl Specifications: Plans and repOcificntions submitCed hPreundt•r to they ConunitteC shall show the nnture, kind, sh.alu , height, materials, floor plans, location, exterior color scheme, alterations, grading, drainn };e, erosion control and all other mrrttern necessary for ' the Cnnm,ittec to properly consider and mnki! a detprnlir,atinrl thereon. - The. Committee shall disnpprove any plans and specifications submitted r.o.it which art. not sufricient for it' to eKerCise tht• jud}uunt algal,[ <I rsF aC 11v Chase covenants. No exterior improvemenrs of any kind, incindin}' driv,ways lead in }; Co the various structures within the Subdivision shall ever be construc_te(i, remodeled, or altered in any fashion on Inv 1,11,11, within the Snhdivision, nor may any vegetation he altered or destroyed, nor any landscaping performed unless plans and specifications for R11t:f1 construction or alturation or landscaping are submitted to and approved by the DRB and the Town, as applicable, and the Committee, when necessary, prior to the cOnlInt ncem('11C of such word[. 6, Variances: Under certain A rcumstances, such as topography, location of trees, brush, rock outcroppings, area aFSil,etic considerntions, view or other mat t e_rs , the Corinni t tee mny by n two - thirty; voC(! n low rteasona1)1 variances an long as such variance is not in conflict with Town regulations to these covenants. Approval by 9(ijoininF property owners of such variances [:}gall hr favorably considered by the CnmmitCoe in any such decisions. Afte1 approval of any proposed Chan };c, the sane shall he completed with due diligence in conformity with condiCinns of npproval. Failure to accomplish t110 rlsan }'e within on,� y(�nr after date of approval or to cOIn;)Ic!tc the chnn};e in accordance with torms of approval shall operate automatically Co revoko UP approval and the tIPC may require the prnpOrty to be restored as nearly as possible Co its previous state, The time for completion of ;Illy such work vmv he extenders by the Committee, 'Pile Commitree shall exercise its hest jud };meat to tee that all imp rovemt'nts, . >trIICt11 rt,s, inndscn in p }., am1 all all rernt ion,; on the land,; within th., Subdivision con Form and harmonize wits, the natural surrosurclin}s and with existing structures as to external design, materials, color, AMR, heid$q topography, grade, drninnge, erosion control and finished };round elevat ion. 7. liability: The Wnwittee, 141H? or ;any other Owner shnld ant, he liable in damage:: to ally person or association submitting any plans matt specifications or to ,nv Owner by realsan of any action, failure to act, approval, disnpprovaI, or failure to approve or 1Iisapprove any such plans -7- and specifications. Any owner submitting, or causing to be submitted any plans and specifications to tho Committee agree: and covenants that le will not briny; any action or scut to recover damagter, against the Committee, WUC or any other owner collectively, its members indivndcaally or its advisors, employees or agents. 8. Records: The Committee shall keep and safeguard for at In five (5) years complete permanent written records of all applications for approval submitted to it, including; one set of all plans anel specificatinns so submitted and of all actions of approval or disapproval and all outer actions taken by it under the provisions of this instrument. 9. Drainage: All plans and specifications for structures and the construction of such structures shall maintain the drainage ease�e ;t,•nts and rights -of -way within the subdivision free and clear and unobst rile. teel. No structure:, roars or other facility which encroaches upon or crnr;ses any such drainage c:a3enuent or right -of -way shall he consLructed without prior approval from the Town, the DRR or Elie Cncmnicter, as npl>licrtl>le. lo. Easements: Faaempnt6 and rights -of -way are hereby reserved as Shawn or described on the recorded Plat of the Subdivision. In addition, tite following; casements and rights -of -way are reserved. a. Easements in the road rights -oC -way of path road for water, sewer, electrical and ether utilities, together with the installation, rep.rir .ind rnaintnnance thereof; h. Crner'al e?ri :;<tnternts nmintaine>d in WrMu;ity over artd across all Tracts in the Subdivision in favor of WIXT for installation, ropair, improvesm'nt :;, removal and n2ninLe ranee of' ut i l i tv t,eci lit: ies; including water, water drainage, water storage, energy transmissinn r � ene g;Y storage, Communication and similar services. Provided, however, that' the erne and exercise of said casement shall not disturb improverrrc -nts, including; walks, drives, fencers nr landscaping, existing upon !t 'Er'act at the time of exercise or use of said easement; C. In addition Cn typical utility and drainage easomr?nts shown opt the Plat, easements ton (10) fen in width except where otherwise on the Platt, are reserved along each ride of every public roadway for slope maintenance, drainage and snow storage. 11. plater and Sewage: Each structure designed for occupance or use by human beings shnll connect with the water foci l i t ieera of the Avon MoUnpolitan ilisLrict and the sewage facilitips nr Cite Upper Eagle Valley Sanitation District. No private well shall he re,;rd as a source of water for hursnn c<�n::rempLion in the Subelivis;inn nor snail any facility nthar than those provided by the Upper Engle Valley Sanitation District he ustrd for the disposal of sewage. Groundwater wells for irrigating openspace no pars: tracts, rights -of -way and certain priv;rte landscaped areas may he established with the permission of the Curnnittee, the Tnwn and the ORB, 12. Fences: The oh Oct" of the MW is to provide for the free and uninhibited movement of all wildlife, and in approving; 'Illy fence or walls the Committee, the Town and the DRR OnII consider such nhject:ive. I•he fencing of entire lots is discourages! Vinci may he prohibited in order to maintain the nhioctive of this paragraph. No fence, other than a split wool rail fence, or wall or similar typo b:,rrier of any kind shall he constructed, erected or maintained on ;Inv lest unless approved by the DRR, except such functional or decorative Eences or walls as may be approved as Vin integral or decorative part of a huildi'W to be erected on a lot. Chain link fences will not be permirtc!d, l 1. DO.gic >n Criteria: (Further clesrrihed rn the Architectural and Landscape Design Guidelines.) 13.1. Building Heip?ht - Block 1 Height Restrictions: I.oCs 112, lll, and 116 shall have no part of any structure on these lots of I'm :(r than 24 fort, and Lots 114 and 115 shall have no part of any structure greater than 18 feet, shove finished read centerline elevation at center of lot frnntnge. No structure lncatrd on any other lot shall exceed three stories or thirty -five feet in height measured for the natural grade at tine midpoint of the structure, 13. ?.. lluildinp, Setbacks - Building sethacks ar` established on the at. As a general rule, a 25-foot setback from the street and a 10 -foot setback from the rear and side= tot lines will he required. However, Lot, 113, 114 and 116 have n "trictivu hnileliny, envelope;; de-.cribed on the Plat within which art•, Portion of any pertnanelrtt structure must: be built. I 1:3.3. Floor Area - P;o building c:nnt'aininp either one nr two living units shall he permitted or created on env site wirh grnss re,identis1 floor nrc:I (CRPA) (as Chat terns is Jo(invd in these Covenants) exclusive of open porches, eci p� os torraccs and garal;es of Less than 1,20n square feet and not k�ro;avr CII:en (1,000 square: feet. 13.4. Materials and Colors - Materials and colors are specified in the N sign Guidelines. The use of natural tvnes of materials, such as wood and stone are encouraged; however, OWL and stucco wi l t he permitted only after careful review and approval by the DRR, The colors of materials shall he generally subdued to blend with colors of the natural lnntiscape. Earth tunes are reeni%ovnded althnuph occasional accent colors used judicic,usly will he• 1101-mitted. All cxpose:cl s'tiny rneral such as flashings, chimney cap,;, , e,ut rerA, etc., shall he painted or coated to blind with Che structure, 61E 13,5, Roofs - All roofs shalt be of a rnatorinl, color and texture approved by the DRt3. No maainum or taaininarm pitch is specified except that woad shake roofs shall have a minisnin•t pitch of :1 :12. However, approval of roofs will he based on the v[snal impact of tlae roof from the neighboring sites, dwellings, roads and coamnon areas and its suitability for the climatic conditions in the nren, 13.6. Windows and Doors - All exterior windows and doors shall he of' an approved color ami finish. Aluminum winde,wr :, doors and 1 r;crecrn Frrruars will not be allowed, unless with a colorcr:l anodized finish, 13.7. Garages - All garage spaces shall he f,rliy enclosed. This specifically prohibits open or partially open carports. Visual impact of garage doors shell be minimized by such measures as siting of the dwelling, protective overhangs or proiectioos, special door facing, material and /or design. 13.8, Accessory Structures - Accossnr'y structures shall he coanpat ihln in terms of design, materials and location with tlae main residential dwelling. All other enclosures will he compatible with the dwelling and the loent ion, and design shall be sub jt rt to approval by the DRR. 1 3.9. Site .Oversye -The Innxisntrn ";i l r rt,ve'ray +,• of a !;1rucCure on anv lot shall not exceed 50% of the site area. ,Areas of upper Floor overhangs or projections less than 7 f evL nb+,vp Finished Mrade wi 1 l he inc ludo.d a s pnrC of site cove_rag+ >, 14, Signs: No signs, billboards, Poster bt,ardl; +, +- Icivertining structure! of any kind shall he erected or maintained era any lot or structure For any purposo whatsoov(tr, exco.pt such ::it;lara as have heon approved h,/ the T)ItR as ronsonably necessary for the idonrifOntion of residence, anti place; of business and the Sale thereof. 15. Trash and carhagc: 15.1. No trash, ashes or other refuse Raay h., thrown or dumped on any Lind within the Subdivision nor shall the burning of ref.lase out of doors he permitted. No incinerator or other devices For Crag imirni.ng of refuse indoors shall he constructed, instal lod or used by ally parson. Each property nwnor shall provide suitahte, rrcc,ptaclos for the collodion of refuse. Such receptacles shall he: ncreenrd from public view and protected from di9curhance. 15.2. Trash, garbage or rubbish as unod hor+,in shall include• waste, rt:lected, villnol+'9S or worthless IRattl'I' n:lt1,I'lals arlil debris, , moil sell, umaant rd , or d iscelyded at t is I ore f r"n an old i nary ho"sohold, waste, from Cho prepwation, coMinp, and c,=uraprion of food, mar'r,et refuse, waste from the handling+ of Ktor.l",r, proi,aration or sale of produce, tree, branches twins, s:, c rnsu, slat +rl, clippings, wtcdr;, leaves, and other general yard and Aardon waste maaterials; hilt shall not -1n-- include food or food products to be prepared over outdoor open Fires nor wood or other materials used for fuel in fireplaces. 16. Site i)rainap,e and C:radinp;: 16.1, Site drainage and grading shall he cinr)c with a minimum of disruption to the site and shall not drain to adjoining sites unless along, a natural drainage path, nor cnusr a condition that coul,l lead to soil erosion. The nRR will review ally proposed driveway cut or orher- grading and the drainalge plan for the ade(Placv of its reclamation provisions. In no situation shall regradinp; extend onto an adjacent site, 16.2. Driveway culverts, where required, will he installed by the Owner. Culverts shall be of n size. and IncatiOn as spreci fi(Id on tits Road Construct ion plans For the guhdivis ion an npprovrci by ,and on fi le with the "Town. 17, Lanciscaping: (Further described in the Archirec:tural .End 1,andscape Design Guidelines.) The concern of the tMC is to maintain the natural appearance of the Suhdivisi.on and the continuing; maintenance of such appearance, Owners and their representatives; or builders will be ' required to: a, Minimize sit,: disruption from gradinp, U. Revep,etate and restore gn urld (:nvcr for erosion control and a;)I)Parance reafiolls. c, Use indigenous spec, jos of plant. materials ax established by the Guidelines, d. Select mntn -made elements shat are n<)t 'clliov or reflective but. which blend and are compntihle with the Inn 1. r. Use existing or natural drainage pnthst whenever pos9ihle, f. Consider and provide for snow stnrnpo and r;urFnce! water runoff. p;. Conserve and protect rnpr,oi l , vegetnt inn, rncic fnrntar ions and unique landscape features. The Conde tee and DRR require complete lnndscgd ng plans including but nor limited to: adequate plant materails such as trees, shrubs, etc,, and their costs thereof in their overall construction budpq, The n RR rectnirr_, underground automatic irrigation systems for all landscaped are=as, 18. Parking: 1A.1. No parking shall he permitted al')nt' roadways. 18,2, 011'- street vehicle parking shall I. parking r;pnrer; 1 �)r eac It dwe I 1 i uf,. unit +)u Subdivision. At leant one of the two regi dwelliriv; unit :Ol.all be in a -11- 1 11 e puhl it (1r conta,t1) ,rr,rvidv,l on n ratio of tw„ + 1of located in the, Fired parkinp; space.;; pctr 1gl.3, Unless otherwise approved by the DRR, each pari<ing; space — exclusive of the drives between parking; rows shall he a minimum of 10 feet wide and 20 feet longs and shall he lncaterd entirely within the lot lines. 18.4. All campers, trailers, boats and similar -type recreational vehicles must be kept in a fully enclosed storage area, 18.5. Stabilized and permanently surfaced driveways and parking; areas are reclui red ; the use of stable materials pervious to water is encouraged. All non -hares surfaced driveways and parking; areas shall he constructed so as to contain edges and control erosion and wash outs. A14terinl:: u::ed to create special ptiving patterns are subject to DRR approval. 19. Temporary Structure's: No temtxorary structure, excavation, basement, trailer or tent will he permitted, except as may he determined to be necessary during construction and specifically authorized by the DRR in wri t ings. A camping tint used occasionally nn .i lot by children for play or for special community recreation purposes is permitted. 20, Continuity of Construction: All structures commnnceei ire the Subdivision shall be prosecuted diligently to completion and shall be completed within eighteen months of comme'ncPment iniless an exception is granted in wiiting> by the DRR, 21. Livestock and Pets: The keeping; of livestock and animals, except dop,s, COLS and other household pelts for personal enjovnvnt and not for cimnnercial purposes, shalt not lie allowed. '['hc, keeping; of such dot's, cats anct other household pelts shall he strictly governed by the applicable rulers and reg•,ulat inn:: adopted by the 'Down of Avon. In addition, for the purpose of protecting deter- and other wildlife, Owners are highly discouraged from bringing dogs and cats into the Subdivision. Any doges or other pets or animals brought into the Subdivision shall he leapt inside n bui tiling, or when ourside :;hall he on a leash no longer titan IO fees and completely under control of the Owner nt all times. No pets will he allowed to roam at will throughout the Subdivision. No doggy or other pet run or kennel facility shall he allowed. In the event Of violation of this rule, the t;ommittee, if netce'ssarv, will contact the proper authorities to impound the animal or to take any other action permitted by law. 22. huiNaner: No noxious nr nffe,iniv, ,u•tiviiv ::hill he carried an nor sleall anything; hr done or permitted whir.lt ;hall ron';tituttd a public nuisance in the, Subdivision, -12- 23. Trees: No treets of a din et or of four (4 ? i itches or greater nj,a1 l by cut down or removed in the Subdivision except with the prior written approval of the DRI;. 24. Exterior Mechanicnl Equipment: Water sot'tenrrti, ,r as storage tanks, si.r conditioning, equipment and other such equipment Wall not he exposed•to the public view. 25, Exterior Lighting: Exterior lightine that is suhduecd and whose 1ipltt source is not directly visible from adjacent dwellings will be permitted for such purposes as illuminating entrances, deck,, driveways and parking; areas and outer purposes as approved, Exterior "Ants are subject to prior approval by the DRA. 26, Utilities: ALL utility Men shall be bumod untderg; round inloss it is very disruptive and impractical to do so considering, circumstances. All uxre•rior electric panels shall he enclosers tr vct +t•ne<l fru=it view with WWI- than plant material, 27, Recreation Off -Road Vehicles: No pprsnn or t,roup of persons sdtall operate a snuwmubile, skimobile, skidoo, snocat or other similar type of snow vehicle or motarcvcle, trail hike, ATv nr similar moCnri•r,ed vehicle or any aircraft upon any public street, way, sidrw,aik, Tract, lot or any land within the Subdivision except for rmerg"ry or authorized roaintrnance purposes, 79. Common Driveway rntrancQ: 2R.1. Uriveway entrances, and culverts where needed, for common or a.d jac ant use by adjacent Inc ownern i9 - ir,wraped. 28.2, Common adjacent driveways and culverts taped S rt"iuirecd for the following; liste;l lots in the Subdivision: Lots 4 anti 5, li l oc k 2 LoCs 15 anti I(), Mock 2 79, Mininu,m Requirrimint: RoW reinencs and N,t oLlydn set ft>rth hermn ar, to he Considered mintiluws when applied .tnd I;ta1,' h :, increased or c'> :,:ended by the t;;u: or the roomti t tee to maintain they purl t�:,, of these Cnvritant':3, 30. Use of Architectural and Landscape Desig >n Guidelines: The WDC fully expects and intends dint all Owners of property in the Subdivision and all residents, builders, developers, all workers, and all agencies, public anti private, having; jurisdiction in the Subdivision shall refer to, use and follow the Guidelines to the fullest extent pn;;sihle. -13- 31, Effect and nuratinn of Covennnts: The corn€itinns, restrictions, stipulations, ap,reements and covenants contained herein shall be for the benefit of and be binding; upon each lot and Tract in tile Subdivision and each owner of property therein, their respective successors, representatives and assigns, and shall continue in full Force and effect until January 1, 2029, at which time they shall be nutornaticrtily extended five successive terms of ten years each. 32. Amendment: The conditions, restrictions, 'Itipulntions, agreements and covenants contained herein shall not be waived, abandoned, terminated, or amended, except by t,'ilt' up to and including Novoinber 1, 1962, and /or except by written consent of the real property owners of 75% of the surface area of the privately -owned land included within the borindaries of the Subdivision as Ole same may be then shown by the plat on Cile: in the Off ice of the Clerk rind Recorder of Engle County, Colorado. In determining the land inchWed within the boundaries of the Subdivision, thnset € merle deviprintc-rl on the Finni pint. as "To ic't" ,;hill 1 ;le count ed and s€la1 € he ,ier-nl.-d I', he owned by WDC. 33. F.nforeemvnt: Enforcement Of C ORO npocial conditions, stl €rerl1tion. and €'r,rt erl:ive Covenants shall rest with the wnC and the C:mmIllittHe, ;Ind slin€ 1 occur whenever the Town or €)RR fail, to maintain satisfactory enforcement for they honefit of rile property owners of the `;uhdivision. If any person shall violate or threaten to violate any of the previsions of this instrument, the Town of Avon, the ", the Committee or any Property owner of the Subdivision, in addition to all other available remedies, may enforce the provisions of this insLrument by ins;t itrrting such proceedings at law or in equity as may be appropriate to enforces the provisions of thi, instrument, including n demand for injunctive relipF to prevent or remedy 0"! threatened or existing violation of these Covnnants and for damages inchviNg reasonable attorneys' fees. 36. Penalties and Expenses of Enforcement; Liens For Non- Pavment of Same: It ;uly person shall violate any of the €irovisions nF this ingtrurnerit or the rules and reynlnt:inn•c promulpal.nd by Lire CuTQtl,,. pursuant rn Lhis Inscrumcnc For which Penalties are provided, or tamer expenses r.o the Corlmittee as a result of such violations, and fail Lo or refuse to pay such penalties or expenses, then such unpaid nenalries or expenses shall be chargollhle to the Ownor, inclur"11 interest, .in:€ shall constitute a lien thelron superinr (prior) to all oLiler liens any€ rnrumbrancen except- ( a ) Tax and specinI assessment € i(ns in favor e)f any as�ae:,sinf; unit; .'Intl (h) All sums unpaid on a first mortgago or first deed of trust of record, including all unpaid obli gat nry scums as may he proviried by such encumbrance and including additional advances made theron prior to the creation of such a lien. To evidence such a lien the Commi Uve shall propane a written notice setting forth the amount of such unpaid indvbt-olness, the name of the owner of record of the suhiect Property, and the legal description OF Be subject property. Such notice shall he signed by a member OF the Cnmmittrte anti shall he rocordod in the Office of the Clerk and Recorder of the Cou{lty of Earle, State of Colorado. Such lien for tie penalties or expenses shall attach from the date of the Fail"re of payment of said assessment of penalties or expenses, and may he enforced by Foreclosure on Che defaultinf, Owner's property by Che Conunittee., In the event Of such foreclosure, tier. Owner shall he required to pay the costs and expenses of such prnceedinrs the costs nod expenses for filing the notice or claim OF lien, and all reasonable attorneys' fees, The Grantor hereundor :;hall have the power to bid on said real property at any foreclosure sale and to acquire and held, lease, etc convey the same.. the amount of any such pcn,Itiey or expenses as,easr,I against such rv.i property shall Also he a debt of the Owner thoreof at the time the assessment is made. suit to recover a innnev iudrmont for any Such unpaid Penalties or expenses lien securinr may he maintained said debt. without foreclo,:inr or waiving; the Any mortnago holder or similar encumbrancer holding a lien on anv real . property in hereunder with the Subdivision respect mny to such pay any unpaid real property, penalties or cxpcoases created and upon such payment such encumbrancer shall have a lien an such real Property for tite amounts paid, said lien to be of the same priority as the 15"1 of his respective encumbrance. 35. Definition of Property Owner: The WC; shill he considered a real property owner as of the effective date of those Covenants. 15wever, as used in this instrument, the phrases "real property owner ", "property Owner ", or "owner of real property" shall mean any natural person, partnership, corporation, associaCion or other bus ;inegs entity nr relationship which shall own an estate as a co- tenant or otherwise in fee simple any Portion of the lands included within the boundaries of the Subdivision for a term of not less than five (5) yearq. Such phrases shag! not inclnde within their meaning the hnlOr nr ownr=- of any lien or secured interest in lands or improvemt-nts thereon within the Subdivision, nor any person c1niming an easement or right- of-wav for tit ility, transportation or other purpose through, over or across ally such laltds. -15- 36. Several) ility: Invati <lation of a;,y onc° of the provisions of this instrument by judf;mrnt or court order or decroe shall in no way affect any of the other provisions which shall remain in full force and eEEcrct. Execrated this day of , Wildridpe Development Companv, a partnership RY A. J. Wr.l l s, Ayent ACK Nt)tJl J'. [7f;P1I ; N'1' STATE 01' COLORADO) ) ss. CMINTY OF FACLE ) �Th,e, above and forey;oing instrumonr was acknowle,dF;ed hcfore me this -`� ti- day of - , t21(`tt,i� by A. .7. 1•lell9, nn agent of W ldr; 13,,e n(,VvI I)IT ant Company, a partnership. Pty commission expires: .- �� ?�G�LLJ /% /5183 Witness my hand and nfFicial seal, ���,� rrt<1ry Y;tbl i.� ,'Address -16 - -. ook 345 Recorded at 8:OOAri September 14, 1982 gaga 3ki' Recorder: Johnnette Phillips Eagle County kee $48.00pd STATE OF COLORADO, COUNTY OF EAGLE BOOK PAGE RECORDED AT M. �--- -- �t; RECEPTION NO. JOHNETTE PHILLIPS, i RECORDER. Restatement of and Third Amendment to Protective Covenants of Wildridge Subdivision In the Town of Avon, Eagle County, Colorado WHEREAS, Wildridge Development Company exercises its power pursuant to Paragraph 32 of the Protective Covenants of Wildridge Subdivision as recorded on July 12, 1979 in Book 288 at Page 123, Reception No. 184524 and hereby amends in total the above referenced Protective Covenants and amendment thereto; WHEREAS, Wildridge Development Company desires to place certain restrictions on the use of the subject land for the benefit -of WDC and the grantees, successors or assigns of WDC in order to establish and maintain the character and value of real estate in the vicinity of the Town of Avon. NOW THEREFORE, in consideration of the premises, the WDC for itself and its grantees, successors and assigns does hereby impose, establish, publish, acknowledge, declare and agree with, to and for the benefit of all persons who may acquire an interest in any of the tracts or lots in the-Wildridge Subdivision subject to the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit of and be binding upon the WDC, its respective grantees, successors and assigns. 1. Definitions: As used herein the following words and terms shall have the following meanings: 1.1. Architectural and Landscape Design Guidelines - Design Guidelines under separate cover, which set forth the design and siting of buildings and grading and landscaping of property. 1.2a. Committee - The Covenants Committee established to administer and enforce provisions of these Covenants. 1.2b. DRB - Design Review Board of the Town of Avon. 1.2c. AMD - Avon Metropolitan (water and fire) District. 1.2d. UEVSD - Upper Eagle Valley Sanitation (sewer) District. 1.2e. Town - Town of Avon, Colorado. 1.3. LiLght Commercial - Retail sales and commercial service uses limited to food, groceries, household and automotive items limited to the sale of gasoline, oil, and related products, but not automotive repairs, provided for the con- venience of Wildridge residents, their guests, and visitors; caretaker apartment units and municipal services are included in light commercial. 1.4. Dwelling Unit - One or more rooms in addition to a kitchen and bath facilities, in a permanent building, designed for and used as a dwelling exclusively by one family or one or more human beings as an independent housekeeping unit and independent of other such families; such dwelling units shall not include mobile homes, hotels, lodge units, clubs, hospitals, temporary structures such as tents, railroad cars, trailers, motor homes or campers, campers, street cars, metal prefabricated sections or similar units. 1.5. Duplex Residential Lot - A lot which can be used soley for residential purposes and upon which not more than one building, containing no more than two dwelling units attached by at least one common wall or floor, together with not more than one garage outbuilding, may be constructed. 1.6. Lot - A lot located in the Subdivision. 1.7. Multiple Unit Residential Lot - A lot which can be used soley for multiple family residential dwelling purposes (condominiums, townhouses and apartments) and upon which the number of condominium, townhouse or apartment units to be constructed shall be as shown on the Subdivision Plat provided that all provisions of these protective covenants are otherwise complied with. 1.8. Subdivision - The Subdivision as recorded in the Office of the County Clerk of the County of Eagle, Colorado. 1.9. Open Space Tract - May be used for municipal and utility facilities and easements when permitted by the Owner and Town of Avon. Also such tracts may be used for emergency and maintenance vehicles, pedestrians, bicyclists and cross - country skiers and may be landscaped and used by the WDC or Town as a picnic area upon which there may be constructed and maintained picnic shelters, tables, benches, park benches, fireplaces, barbecue pits, trash containers and related equipment storage buildings. Hikers, pedestrians, skiers and bicyclists are expressly permitted to travel on a Tract pro- vided the surface of the Tract is not unreasonably damaged by said activities. Open space tracts are that portion of the subdivision held in trust by WDC and used to provide common access to the public open space for residents and visitors to the sub- division and the public in general. No part of a Tract shall -2- 1 be used for camping or overnight stays by any person or per- sons, nor shall there be permitted, within or upon the Tract, any informal or organized public or private gathering nor any other act by any person or persons (except hereinafter ex- pressly permitted), which in the ,judgement of the WDC, the Committee, or the DRB may deface, alter, destroy or damage the natural condition of the vegetation or the aesthetic values of the natural environment quality of the Tract. Improvements necessary, desirable, or convenient for the provision and maintenance of utility services may be con- structed and maintained through or under the Tract land, pro- vided that such improvements shall not cause permanent dis- ruption or alteration to the surface of the Tract. 1.10. Gross Residential Floor Area - "Gross residential floor area" means the total floor area within the enclosing walls of dwelling units, including closets, service areas, and interior walls within the units, but excluding balconies, hallways, corridors, stairwells, garages, and service areas outside the dwelling unit enclosures, and uninhabitable heating or mechanical equipment areas. 1.11 Park Tract - A tract of land upon which community recreational activities may be enjoyed, and may include the construction and placing of facilities for such activities. Additionally, a Park Tract may be used for municipal and utility facilities and easements and for emergency and maintenance vehicles when permitted by the owner and the Town of Avon, Colorado, 1.12 Plat - The Subdivision Plat as recorded in the Office of the County Clerk of the County of Eagle, Colorado. 2. Land Uses: The Subdivision shall be used for the following purposes: BLOCK 1 LOT 1 10 UNITS LOT 2 8 UN ITS LOTS 3 & 4 4 UNITS EACH LOTS 5 -8 6 UNITS EACH LOTS 9 -11 4 UNITS EACH LOT 12 2 UNITS LOTS 13 & 14 DELETED LOT 15 4 UNITS LOT 16 5 UNITS LOTS 17 & 18 4 UNITS EACH LOTS 19--75 2 UNITS EACH LOT 76 6 UNITS LOT 77 4 UNITS -3- LAND USES (Continued): LOTS 1 -46 LOTS 78 & 79 2 UNITS EACH 6 UNITS EACH LOTS 80 -89 1 UN IT LOTS 48 -59 4 UNITS EACH LOTS 90 -100 LOT 60 2 UNITS EACH LOTS 101 & 102 2 UNITS EACH 4 UN ITS EACH LOTS 103 -110 2 UNITS EACH LOT 111 7 UNITS EACH LOTS 112 -116 2 1 UN PI' EACH BLOCK 2 LOTS 1 -46 LOTS 1 -3 2 UNITS EACH 4 UNITS EACH LOTS 4 -12 1 UN IT LOTS 48 -59 2 UNITS EACH LOT 13 LOT 60 4 UNITS LOTS 61 -71 LOT 14 2 UNITS EACH 6 UNITS LOTS 15 & 16 2 uNITS EACH LOTS 17 & 18 4 UNITS EACH LOTS 19 -24 2 2 UNITS EACH LOT 25 4 4 UN ITS LOTS 26 -42 1 Fourplex) LOTS 40 & 41 2 UNITS EACH LOTS 43 -46 UNITS EACH LOTS 42 & 43 4 UNITS EACH LOTS 47 -56 UNITS EACH LOTS 44 -54 2 UNITS EACH BLOCK 3 LOTS 1 -46 LOTS 1 -11 2 UNITS EACH LOT 47 UNITS EACH LOT 12 1 UN IT LOTS 48 -59 1 UNIT 2 UNITS EACH LOT 60 1 UN IT LOTS 61 -71 LOT 15 2 UNITS EACH BLOCK 4 LOTS 1 -11 2 UNITS EACH LOT 12 1 UNIT LOTS 13 & 14 2 UNITS EACH LOT 15 1 UNIT LOTS 16 -28 2 UNITS EACH LOTS 29 -32 DELETED LOTS 33 -38 2 UNITS EACH LOT 39 4 UNITS (2 Duplexes or 1 Fourplex) LOTS 40 & 41 2 UNITS EACH LOTS 42 & 43 4 UNITS EACH LOTS 44 -54 2 UNITS EACH LOT 55 3 UNITS LOTS 56 -63 2 UNITS EACH -4- LAND USES (Continued): LOT 64 4 UNITS LOTS 65 -88 2 UNITS EACH LOTS 89 & 90 3 UNITS EACH LOT 91 DELETED BLOCK 5 LOT 1 4 UNITS LOTS 2, 6, 8 6 UNITS EACH LOTS 3 & 5 5 UNITS EACH LOT 4 3 UNITS LOTS 7 & 10 10 UNITS EACH LOT 9 8 UNITS LOT 11 12 UN IT S TRACT A, F,, thru N,P,Q,R Openspace /Drainage/ Access TRACT B Light Commercial (4 Apartments) TRACT C, D Park TRACT O Drainage, Access and Utility LAND USE SUMMARY SINGLE FAMILY (I UNIT) 9 LOTS 9 UNITS 8.07 ACRES DUPLEX (2 UNITS) 267 LOTS 534 UNITS 241.12 ACRES TRIPLEX (3 UNITS) 4 LOTS 12 UNITS 6.49 ACRES FOURPLEX (4 UNITS) 36 LOTS 144 UNITS 36.62 ACRES FIVEPLEX (5 UNITS) 3 LOTS 15 UNITS 2.50 ACRES *4 UNIT 1 LOT 4 UNITS 2.46 ACRES 6 UNIT I1 LOTS 66 UNITS 10.80 ACRES 7 UNIT 1 LOT 7 UNITS 1.13 ACRES 8 UN IT 2 LOTS 16 UNITS 2.87 ACRES 10 UNIT 3 LOT S 30 UNITS 6.34 ACRES 12 UNIT 1 LOT 12 UNITS 2.30 ACRES LIGHT COMMERCIAL (1 TRACT) (4 APARTMENTS) 0.38 ACRES PARK (2 TRACTS) 11.06 ACRES OPEN SPACE /ACCESS/ DRAINAGE (14 TRACTS) 294.43 ACRES DRAINAGE /ACCESS/ UTILITY (1 TRACT) 0.46 ACRES ROAD RIGHT-OF-WAY 58.27 ACRES 338 LOTS 849 UNITS 685.30 ACRES 18 TRACTS) *Block 4, Lot 39 shall have the allowed use of two duplex sites or one £ourplex site on said lot, —5— 3. Architectural and Landscape Design Guidelines: Design Guidelines for the Subdivision have been published under separate cover and are hereby adopted for use as provided for in these Covenants. It is intended that the Guildelines shall be followed to the extent possible by all builders, developers, property owners and residents of the Subdivision, and that the Committee, the DRB and all other agencies follow the Guidelines in their reviewing and permitting process. The basic purpose of the Guidelines is to maintain the aesthetic and ecological qualities of the Subdivision by directing that all structures and landscaping be compatible with one another and, insofar as possible, are in harmony with the natural surroundings. 4. Covenants Committee: The Covenants Committee of the Subdivision is hereby established and shall be responsible for the administration and enforcement of the provisions of these Covenants and the Restrictions as set forth on the Subdivision Plat. Membership of the Committee shall be at least three but not more than seven persons. The following named persons are hereby appointed to the initial Committee: Name M. S. Blair L. D. Goad G. R. Stevens G. D. Rosenberg A. J. Wells Address Avon, Colorado Avon, Colorado Avon, Colorado Avon, Colorado Avon, Colorado Members of the Committee are appointed by and shall serve at the sole pleasure of the WDC. The Committee shall hold an organizational meeting to elect officers and establish operating rules and procedures; and it shall meet as required to consider and approve or disapprove applications for any proposed change in the existing state of the Subdivision or the Subdivision Plat. It is the intention of the WDC that the Town and its DRB shall follow and utilize the Architectural and Landscape Design Guidelines and other appropriate provisions of these Covenants. The WDC shall monitor proceedings of the Town and its DRB regarding actions pertaining to the Subdivision and shall, when determined necessary, have the Committee meet and consider any particular proposed activity. In this connection, the Committee shall consider any action taken by the Town or its DRB to be tantamount to a decision by the Committee unless within seven days the Committee notifies the Town or the DRB and the person(s) involved of the Committee's objections to such decisions. In such event the operating rules and procedures of the Committee shall be followed. —6— 5. Flans and Specifications: Flans and specifications submitted hereunder to the Committee shall show the nature, kind, shape, height, materials, floor plans, location, exterior color scheme, alterations, grading, drainage, erosion control, and all other matters necessary for the Committee to properly consider and make a determination thereon. The Committee shall disapprove any plans and specifications submitted to it which are not sufficient for it to exercise the judgment required of it by these covenants. No exterior improvements of any kind, including driveways leading to the various structures within the Subdivision shall ever be constructed, remodeled, or altered in any fashion on any lands within the Subdivision, nor may any vegetation be altered or destroyed, nor any landscaping performed unless plans and specifications for such construction or alteration or landscaping are submitted to and approved by the DRB and the Town, as applicable, and the Committee, when necessary, prior to the commencement of such work. 6". Variances: Under certain circumstances, such as topography, location of trees, brush, rock outcroppings, area aesthetic considerations, view or other matters, the Committee may by a two - thirds vote allow reasonable variances so long as such variance is not in conflict with Town regulations to these covenants. Approval by adjoining property owners of such variances shall be favorably considered by the Committee in any such decisions. After approval of any proposed change, the same shall be completed with due diligence in conformity with conditions of approval. Failure to accomplish the change within one year after date of approval or to complete the change in accordance with terms of approval shall operate automatically to revoke the approval and the WDC may require the property to be restored as nearly as possible to its previous state. The time for completion of any such work may be extended by the Committee. The Committee shall exercise its best judgment to see that all improvements, structures, landscaping, and all alterations on the lands within the Subdivision conform and harmonize with the natural surroundings and with existing structures as to external design, materials, color, siding, height, topography, grade, drainage, erosion control and finished ground elevation. 7. Liability: The Committee, WDC or any other Owner shall not be liable in damages to any person or association submitting any plans and specifications or to any Owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove any such plans -7- and specifications, Any Owner submitting or causing to be submitted any plans and specifications to the Committee agrees and covenants that he will not bring any action or suit to recover damages against the Committee, WDC or any other Owner collectively, its members indivudually or its advisors, employees or agents. 8. Records: The Committee shall keep and safeguard for at least five (5) years complete permanent written records of all applications for approval submitted to it, including one set of all plans and specifications so submitted and of all actions of approval or disapproval and all other actions taken by it under the provisions of this instrument, 9. Drainage: All plans and specifications for structures and the construction of such structures shall maintain the drainage easements and rights -of -way within the subdivision free and clear and unobstructed. No structure, road or other facility which encroaches upon or crosses any such drainage easement or right -of -way shall be constructed without prior approval from the Town, the DRB or the Committee as applicable. 10. Easements: Easements and rights -of -way are hereby reserved as shown or described on the recorded Plat of the Subdivision. In addition, the following easements and rights -of -way are reserved: a. Easements in the road rights -of -way of each road for water, sewer, electrical and other utilities, together with the installation, repair and maintenance thereof; b. General easements maintained in perpetuity over and across all Tracts in the Subdivision in favor of WDC for installation, repair, improvements, removal and maintenance of utility facilities including water, water drainage, water storage, energy transmission, energy storage, communication and similar services. Provided, however, that the use and exercise of said easement shall not disturb improvements, including walks, drives, fences or landscaping, existing upon a Tract at the time of exercise or use of said easement; C. In addition to typical utility and drainage easements shown on the Plat, easements ten (10) feet in width except where otherwise noted on the Plat, are reserved along each side of every public roadway for slope maintenance, drainage and snow storage. 11. Water and Sewage: Each structure designed for occupance or use by human beings shall connect with the water facilities of the Avon Metropolitan District and the sewage facilities of the Upper Eagle Valley Sanitation District. No private well shall be used as a source of water for human consumption in the Subdivision nor shall any facility other than those provided by the Upper Eagle Valley Sanitation District be used for the disposal of sewage. Groundwater wells for irrigating opeaspace and park tracts, rights -of -way, and certain private landscaped areas may be established with the permission of the Committee, the Town and the DRB. 12. Fences: The objective of the WDC is to provide for the free and uninhibited movement of all wildlife, and in approving any fence or walls the Committee, the Town and the DRB shall consider such objective. The fencing of entire lots is discouraged and may be prohibited in order to maintain the objective of this paragraph. No fence, other than a split wood rail fence, or wall or similar type barrier of any kind shall be constructed, erected or maintained on any lot unless approved by the DRB, except such functional or decorative fences or walls as may be approved as an integral or decorative part of a building to be erected on a lot. Chain link fences will not be permitted. 13. Design Criteria: (Further described in the Architectural and Landscape Design Guidelines.) 13.1. Building Height - Block 1 Height Restrictions: Lots 112, 113, and 116 shall have no part of any structure on these lots of greater than 24 feet, and Lots 114 and 115 shall have no part of any structure greater than 18 feet, above finished road centerline elevation at center of lot frontage. No structure located on any other lot shall exceed three stories or thirty -five feet in height measured for the natural grade at the midpoint of the structure. 13.2. Building Setbacks - Building setbacks are established on the Plat. As a general rule, a 25-foot setback from the street and a 10 -foot setback from the rear and side lot lines will be required. However, Lots 113, 114 and 116 have restrictive building envelopes described on the Plat within which any portion of any permanent structure must be built. 13.3. Floor Area - No building containing either one or two living units shall be permitted or created on any site with gross residential floor area (GRFA) (as that term is defined in these Covenants) exclusive of open porches, patios, terraces and garages of less than 1,200 square feet and not greater than 6,000 square feet. 13.4. Materials and Colors - Materials and colors are specified in the Design Guidelines. The use of natural types of materials, such as wood and stone are encouraged; however, brick and stucco will be permitted only after careful review and approval by the DRS. The colors of materials shall be generally subdued to blend with colors of the natural landscape. Earth tones are recommended although occasional accent colors used judiciously will be permitted. All exposed shiny metal such as (lashings, chimney caps, gutters, etc., shall be painted or coated to blend with the structure. —9— 7 13.5. Roofs - All roofs shall be of a material, color and texture approved by the DRB. No maximum or minimum pitch is specified except that wood shake roofs shall have a minimum pitch of 3:12, However, approval of roofs will be based on the visual impact of the roof from the neighboring sites, dwellings, roads and common areas and its suitability for the climatic conditions in the area. 13.6. Windows and Doors - All exterior windows and doors shall be of an approved color and finish. Aluminum windows, doors and screen frames will not be allowed, unless with a colored anodized finish. 13.7. Garages - All garage spaces shall be fully enclosed. This specifically prohibits open or partially open carports. Visual impact of garage doors shall be minimized by such measures as siting of the dwelling, protective overhangs or projections, special door facing material and /or design. 13.8. Accessory Structures - Accessory structures shall be compatible in terms of design, materials and location with the main residential dwelling. All other enclosures will be compatible with the dwelling and the location, and design shall be subject to approval by the DRB. 13.9. Site Coverage - The maximum site coverage of a structure on any lot shall not exceed 50% of the site area. Areas of upper floor overhangs or projections less than 7 feet above finished grade will be included as part of site coverage. 14. Signs: No signs, billboards, poster boards or advertising structure of any kind shall be erected or maintained on any lot or structure for any purpose whatsoever, except such signs as have been approved by the DRB as reasonably necessary for the identification of residences and places of business and the sale thereof. 15. Trash and Garbage: 15.1. No trash, ashes or other refuse may be thrown or dumped on any land within the Subdivision nor shall the burning of refuse out of doors be permitted. No incinerator or other device for the burning of refuse indoors shall be constructed, installed or used by any person. Each property owner shall provide suitable receptacles for the collection of refuse. Such receptacles shall be screened from public view and protected from disturbance. 15.2. Trash, garbage or rubbish as used herein shall include waste, rejected, valueless or worthless matter, materials and debris, useless, unused, unwanted, or discarded articles from an ordinary household, waste from the preparation, cooking, and consumption of food, market refuse, waste from the handling of storage, preparation or sale of produce, tree branches, twigs, grass, shrub clippings, weeds, leaves, and other general yard and garden waste materials; but shall not -10- include food or food products to be prepared over outdoor open fires nor wood or other materials used for fuel in fireplaces. 16. Site Drainage and Grading: 16.1. Site drainage and grading shall be done with a minimum of disruption to the site and shall not drain to adjoining sites unless along a natural drainage path, nor cause a condition that could lead to soil erosion. The DRB will review any proposed driveway cut or other grading and the drainage plan for the adequacy of its reclamation provisions. In no situation shall regrading extend onto an adjacent site. 16.2. Driveway culverts, where required, will be installed by the Owner. Culverts shall be of a size and location as specified on the Road Construction Plans for the Subdivision as approved by and on file with the Town. 17. Landscaping: (Further described in the Architectural and Landscape Design Guidelines.) The concern of the WDC is to maintain the natural appearance of the Subdivision and the continuing maintenance of such appearance. Owners and their representatives or builders will be required to: a. Minimize site disruption from grading. b. Revegetate and restore ground cover for erosion control and appearance reasons. c. Use indigenous species of plant materials as established by the Design Guidelines. d. Select man -made elements that are not shiny or reflective but which blend and are compatible with the land. e. Use existing or natural drainage paths whenever possible, f. Consider and provide for snow storage and surface water runoff. g. Conserve and protect topsoil, vegetation, rock formations and unique landscape features. The Committee and DRB require complete landscaping plans including but not limited to: adequate plant materails such as trees, shrubs, etc., and their costs thereof in their overall construction budget, The DRB requires underground automatic irrigation systems for all landscaped areas. 18. Parking: 18.1. No parking shall be permitted along the public or common roadways, 18.2. Off- street vehicle parking shall be provided on a ratio of two parking spaces for each dwelling unit on a lot located in the Subdivision. At least one of the two required parking spaces per dwelling unit shall be in a garage. _11- 18.3. Unless otherwise approved by the DRB each parking space exclusive of the drives between parking rows shall be a minimum of 10 feet wide and 20 feet long and shall be located entirely within the lot lines, 18,4. All campers, trailers, boats and similar -type recreational vehicles must be kept in a fully enclosed storage area. 18.5. Stabilized and permanently surfaced driveways and parking areas are required; the use of stable materials pervious to water is encouraged. All non -hard surfaced driveways and parking areas shall be constructed so as to contain edges and control erosion and wash outs. Materials used to create special paving patterns are subject to DRB approval. 19. Temporary Structures: No temporary structure, excavation, basement, trailer or tent will be permitted, except as may be determined to be necessary during construction and specifically authorized by the DRB in writing. A camping tent used occasionally on a lot by children for play or for special community recreation purposes is permitted. 20. Continuity of Construction: All structures commenced in the Subdivision shall be prosecuted diligently to completion and shall be completed within eighteen months of commencement unless an exception is granted in writing by the DRB. 21. Livestock and Pets: The keeping of livestock and animals, except dogs, cats and other household pets for personal enjoyment and not for commercial purposes, shall not be allowed. The keeping of such dogs, cats and other household pets shall be strictly governed by the applicable rules and regulations adopted by the Town of Avon. In addition, for the purpose of protecting deer and other wildlife, Owners are highly discouraged from bringing dogs and cats into the Subdivision. Any dogs or other pets or animals brought into the Subdivision shall be kept inside a building or when outside shall be on a leash no longer than 10 feet and completely under control of the Owner at all times. No pets will be allowed to roam at will throughout the Subdivision, No dog or other pet run or kennel facility shall be allowed. In the event of violation of this rule, the Committee, if necessary, will contact the proper authorities to impound the animal or to take any other action permitted by law. 22. Nuisance: No noxious or offensive activity shall be carried on nor shall anything be done or permitted which shall constitute a public nuisance in the Subdivision. -12- 23. Trees: No trees of a diameter of four (4) inches or greater shall be cut down or removed in the Subdivision except with the prior written approval of the DRB. 24. Exterior Mechanical Equipment: Water softeners, gas storage tanks, air conditioning equipment and other such equipment shall not be exposed to the public view. 25. Exterior Lighting: Exterior lighting that is subdued and whose light source is not directly visible from adjacent dwellings will be permitted for such purposes as illuminating entrances, decks, driveways and parking areas and other purposes as approved. Exterior lights are subject to prior approval by the DRB. 26. Utilities: All utility lines shall be located underground unless it is very disruptive and impractical to do so considering circumstances. All exterior electric panels shall be enclosed or screened from view with other than plant material. 27. Recreation Off -Road Vehicles: No person or group of persons shall operate a snowmobile, skimobile, skidoo, snocat or other similar type of snow vehicle or motorcycle, trail bike, Ai`V or similar motorized vehicle or any aircraft upon any public street, way, sidewalk, Tract, lot or any land within the Subdivision except for emergency or authorized maintenance purposes. 28. Common Driveway Entrance: 28.1. Driveway entrances, and culverts where needed, for common or adjacent use by adjacent lot owners is encouraged. 28.2. Common adjacent driveways and culverts shall be required for the following listed lots in the Subdivision: Lots 4 and 5, Block 1 Lots 15 and 16, Block 2 29. Minimum Requirements: Requirements and standards set forth herein are to be considered minimums when applied and may be increased or expanded by the WDC or the Committee to maintain the purposes of these Covenants. 30. Use of Architectural and Landscape Design Guidelines: The WDC fully expects and intends that All Owners of property in the Subdivision and all residents, builders, developers, all workers, and all agencies, public and private, having jurisdiction in the Subdivision shall refer to, use and follow the Guidelines to the fullest extent possible. -13- 31. Effect and Duration of Covenants: The conditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit of and be binding upon each lot and Tract in the Subdivision and each owner of property therein, their respective successors, representatives and assigns, and shall continue in full force and effect until January 1, 2029, at which time they shall be automatically extended five successive terms of ten years each. 32. Amendment: The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, terminated, or amended, except by WDC up to and including November 1, 1982, and /or except by written consent of theXreal property owners "Of 75% of the surface area of the privately -owned land included within the boundaries of the Subdivision as the same may be then shown by the Plat on file in the Office of the Clerk and Recorder of Eagle County, Colorado. In determining the land included within the boundaries of the Subdivision, those parcels designated on the Final Plat as "Tract" shall be counted and shall be deemed to be owned by WDC. 33. Enforcement: Enforcement of these special conditions, stipulations and Protective Covenants shall rest with the WDC and the Committee, and shall occur whenever the Town or DRB fails to maintain satisfactory enforcement for the benefit of the property owners of the Subdivision. If any person shall violate or threaten to violate any of the provisions of this instrument, the Town of Avon, the DRB, the Committee or any property owner of the Subdivision, in addition to all other available remedies, may enforce the provisions of this instrument by instituting such proceedings at law or in equity as may be appropriate to enforce the provisions of this instrument, including a demand for injunctive relief to prevent or remedy the threatened or existing violation of these Covenants and for damages including reasonable attorneys' fees. 34. Penalties and Expenses of Enforcement; liens for Non-Payme nt of Same: If any person shall violate any of the provisions of this instrument or the rules and regulations promulgated by the Committee pursuant to this instrument for which penalties are provided, or cause expenses to the Committee as a result of such violations, and fail to or refuse to pay such penalties or expenses, then such unpaid penalties or expenses shall be chargeable to the Owner, including interest, and shall constitute a lien thereon superior (prior) to all other liens and encumbrances except: (a) Tax and special assessment liens in favor of any assessing unit; and (b) All sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such -14- encumbrance and including additional advances made theron prior to the creation of such a lien. To evidence such a lien the Committee shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner of record of the subject property, and the legal description of the subject property. Such notice shall be signed by a member of the Committee and shall be recorded in the Office of the Clerk and Recorder of the County of Eagle, State of Colorado. Such lien for the penalties or expenses shall attach from the date of the failure of payment of said assessment of penalties or expenses, and may be enforced by foreclosure on the defaulting Owner's property by the Committee. In the event of such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys" fees. The Grantor hereunder shall have the power to bid on said real property at any foreclosure sale and to acquire and hold, lease, mortgage or convey the same. The amount of any such penalties or expenses assessed against such real property shall also be a debt of the Owner thereof at the time the assessment is made. Suit to recover a money judgment for any such unpaid penalties or expenses may be maintained without foreclosing or waiving the lien securing said debt. Any mortgage holder or similar encumbrancer holding a lien on any real property in the Subdivision may pay any unpaid penalties or expenses created hereunder with respect to such real property, and upon such payment such encumbrancer shall have a lien on such real property for the amounts paid, said lien to be of the same priority as the lien of his respective encumbrance. 35. Definition of Property Owner: The WDC shall be considered a real property owner as of the effective date of these Covenants. However, as used in this instrument, the phrases "real property owner ", "property owner", or "owner of real property" shall mean any natural person, partnership, corporation, association or other business entity or relationship which shall own an estate as a co- tenant or otherwise in fee simple any portion of the lands included within the boundaries of the Subdivision for a term of not less than five (5) years, Such phrases shall not include within their meaning the holder or owner of any lien or secured interest in lands or improvements thereon within the Subdivision, nor any person claiming an easement or right -of -way for utility, transportation or other purpose through, over or across any such lands, -15- Severabilit ; Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall in no way affect any of the other provisions which shall remain in ull force and effect. Executed this day of , 1982. Wildridge Development Company, a partnership By: A. J. We I1 , Agent ACKNOWLEDGMENT STATE OF COLORADO) ) ss. COUNTY OF EAGLE ) The above and oregoing instrument was acknowledged before me this Wildridge of �, 1482, by A. J. Wells, an agent of Wildridge Developmen Company, a partnership, My commission expires: Wi noss :my hand and official seal. i • 4�Y'4 �L�a� Sy. ,�;� 4•C-� ---- i Notary Public Address -16- _ STATE OF COLOR,11)0 Co U, OF EAGLE 2,0( 288 , ['A E: RECORDED AT 11:0- A.M. Su1y 11, 1979 la3 RECEPTION NO. 184524 J01METTE 1'1111-LII'S,RECORDER PROTECTIVE COVENANTS OF WILDRIDGE SUBDIVISION IN THE TOWN OF AVON EAGLE COUNTY, COLORADO WHEREAS, Wildridge Development Company, a Colorado general partnership, is the owner (hereinafter sometimes referred to as "MCI of certain real property located in the Town of Avon, County of Eagle, Colorado (hereinafter referred to as the "Subdivision "), which has been platted as the Wildridge Subdivision ( "Wildridge "), more particularly described as "all the land situated in Section 3S, Toi,,nship 4 South, Range 82 Blest, 6th P.,%-I. , Eagle County, Colorado "; and WTIEREAS, the Owners of Wildridge desire to place certain restrictions on the use of the subject land for the benefit of WDC and the grantees, successors or assigns of ;9DC in order to establish and maintain the character and value of real estate in the vicinity of the Town of Avon. NOW THEREFORE, in consideration of the premises, the WDC for itself and its grantees, successors and assigns does hereby impose, establish, publish, acknowledge, declare and agree with, to and for the benefit of all persons who may acquire an interest in any of the tracts or lots in the Wildridge Subdivision subject to the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit of and be binding upon the It'DC, its respective grantees, successors and assigns. 1. Definitions: As used herein the following words and terms shall have the following meanings: 1.1. Architectural and Landscape Design) Guidelines - Design Guidelines under separate cover, which set forth the design and siting of buildings and grading and landscaping of property. 1.2a. Committee - The Covenants Committee established to administer and enforce provisions of these Covenants. 1.2b. DRB - Design Review Board of the Town of Avon. 1.2c. AAID - Avon Metropolitan ((,pater and fire) District. 1.2d. UEVSD - Upper Eagle Valley Sanitation (sei.rer.) District. 1.2d. Town - Tovii of Avon, Colorado. 1.3 Commercial Tract - Light Commercial- Retail sales and commercial service uses limited to food, groceries, household and automotive items provided for the convenience of the Subdivision residents, their guests and visitors; caretaker apartment units and municipal services are included in light commercial uses. 1.4 Duelling Unit - One or more rooms in addition to a kitchen and bath facilities, in a permanent building, designed for and used as a dwelling exclusively by one fa -mily of one or more human beings as an independent housekeeping unit and irrdependcnt of other SL1cii families; such dwelling units shall not include mobile homes, hotels, lodge units, clubs, hospitals, temporary structures such as tents, raj l) -o, d cars, trailers, motor homes or motor campcz•s, campers, street C n's, mot rl prefabricated sections or simil:)r units. 1.5 Duplex 1.osidenti.al Lot - A lot which can be used solely for residential purposes and upon which not more than one bui lding, containing no more than two dti:elling units attached by at least one common wall or Floor, together with not more than one garage out- building, may be constructed. 1.6 Lot - A lot located in the Subdivision. 1.7 i•iultinle Unit Residential Lot - A lot which can be used solely for multiple family residential dwellinc, purposes (condominiums, townhouscs and apartments) and upon which the number of coil domil1ium, townhouse or apartment units to be constructed shall be as shown on the Subdivision Plat provided that all provisions of these protective covenants are otherwise complied with, 1.8 Subdivision - 1-he Subdivision as recorded in the Office of the County Clerk of the County of I;ale, Colorado. 1.9 Openspace "Tract - That portion of the subdivision held in trust by 17DC and used to provide common access to the public openspace for residents and visitors to the subdivision and the public in general. Openspace may be used for emergency and maintenance vehicles, pedestrians, bicyclists and cross- country skiers and may be landscaped anti used by the IMC or Town as a picnic area upon which there may be constructed and maintained picnic shelters, tables, benches, par],, benches, fireplaces, barbecue pits and trash containers and related equipment storage buildings. No Dart of a Trac+ shall be used for camping or overnight stays by any person or persons, nor shall there be Permitted, within or upon the Tract, any informal or organized public or private gathering nor any other act by any person or persons (except hereinafter expressly peznnitted), w]ii.ch in the judgment of the 11DC, . the Committee, or the DRL m.ay deface, alter, destroy or damage the natural condition of the vegetation or the aesthetic values of the natural environmental quality of the 'Tract. linprovements necessary, desirable or convenient for the provision and maintenance of utility services may be constructed and maintained through or under the Tract lane], provided that such improvc!i!ents shall not cause permanent disruption or alteration to the surface of the Tract. Hike -Ts, pedestrians, skiers and bicyclists are expressly permitted to travel on a Tract provided the surface of the Tract is not unreasonably damaged by said act:ivi.tics, - 2 1.10 Gross Residential Floor Aren. - "Gross residential floor area" means the total floor area within the enclosing trills of dwelling units, including closets, service areas, and interior walls within the units, but excluding balconies, hallways, corridors, stairwells, garages, and "service areas outside the d elling unit enclosures, and uninhabitable heating or mcchanical ccluipment areas. 1.11 Park Tract - A tract of land upon which community recreational activities may be enjoyed, and may include the construction and placing of facilities for such activities. 1.12 Plat - The Subdivision Plat as recorded in the Office of the County Clerk of the County of Eagle, Colorado. 2. Land Uses: The Subdivision shall be used for the following purposes: BLOCK 1 LOT 1 1.0 UNITS EACH LOT 2 8 Uld ITS EACH LOT 3,4 4 UNITS EACH LOT S -8 6 UNITS EACH LOT 9 -11. 4 UNITS EAC H LOT 12 -IS 2 UNITS IIACH LOT 16 -18 4 UNITS EACH LOT 19 -75 2 UNITS EACH LOT 76 6 UNITS EACH LOT 77 4 UNITS EACH LOT 78,79 6 UNITS .EACII LOT 80 -89 it IINITS EAC €€ LOT 90 -100 2 UNITS EACH LOT 101,102 4 UNITS EACH LOT 103 -110 2 UNITS LAC }I LOT 111,112 3 UNITS EACH BLOCK 2 LOT 1 -3 4 UNITS EACH LOT 4 -12 2 UNITS EACH LOT 13 4 UNIT'S EACH LOT 14 6 UNITS LOT 15,16 2 UNITS EACH LOT 17,18 4 UNITS EACH LOT 19 -24 2 UNITS EACH LOT 25 4 UNITS LOT 26 -42 2 UNIT'S EACH LOT 43 -36 4 UNTTS EACH LOT 47 -S6 2 UNITS EAC }l r i nr L, 'Z LOT 1 -71 2 UNITS EAC}I BLOCK 4 LOT 1 -4 i 2 UNITS EACII LOT 42,43 4 UNITS EACH LOT 14 -63 2 UNITS EACH LOT 64 4 UNITS LOT 65 -91 2 UNITS EACH BLOCK S LOT 1 -26 2 UNIT'S EACH TRACT A OPEN SI�NCI? /ACC( ?SS /1)1211'.1(,I? TRACT B LIGHT CWI ?"HTCIAL (1 APAR'f[I=NT'S) TRACT C, [) PAR K }'RAC`1" [i F,G,I[ 1, �. :N c .1, }�, L,I.1 A'`1[) i t)I [.:, I 2. Land Uses, continued; DUPLEX (2 HITS) TRIPLEX (3 UNIT` ;) POURPLEX (4 UNITS) 6 UNIT S UNIT 10 UNIT LIGIFP CO:`IHIRCIAL PARK PEDESTRIAN OPEN SPACE /ACCESS DRAINAGE. ROAD RMIT- Ole -WAY LAND USI'. 309 LOTS, 2 LOTS, 3S LOT'S, S LOTS, I LOT, 1 LOT, (1 TRACT) (2 TRACTS) (11 TRACTS) 5U`1'I:iR}" 638 U`1 ITS 6 UNITS 140 UNITS •I> UNIT'S S UNITS 10 UNITS S (.1 APARI- 4ENTS) 356 LOTS 5;)0 UNITS (14 TI,ACTS) 288,51 ;ACRES 1.71 ACRES HAW ACRES 7 12 ACRES 1,60 ACRES 2.35 ACRES 0.35 ACRES 11.06 ACR ES 276.10 ACRES 55.77 ACRES 679, 70 ACRES 3. Architcctural and Landscape Design Guidelines: Design Guidelines for the Subdivision have been published under separate cover and are hereby adopted for use as provided for in these Covenants. It is intended that the Guidelines shall be followed to the extent possible by all builders, developers, property earners and residents of the Subdivision, and that the Committee, the DRB and all other agencies follow the Guidelines in their reviewing and permitting process. The basic purpose of the Guidelines is to maintain the aesthetic and ecological dualities of the Subdivision by directing that all structures and landscaping be compatible with one another and, insofar as possible, are in harmony i:,ith the natural surroundings. 4. Cotenants Committee: The Covenants Com:ni.ttee of the Subdivision is hereby established and shall be responsible for the administration and enforcement of the provisions of these Covenants and the Restrictions as set forth on the Subdivision Plat. Membership of the Committee shall be at least three but not more than seven persons. The following named persons are hereby appointecl to the initial Committee: ADDRESS Avon, Colorado Avon, Colorado Avon, Colorado Avon, Colorado Avon, Colorado ?Members of the Committee are appointed by and shall serve at the sole pleasure of the +,•,DC. The Committeo shall hold an organizational inecting to elect officers and establish operating rules and pl-oceclures; and i.t shall meet as rcdui real to consider and approve or dl sa!)prove applications for any proposed char ;e in the existing state of the Mdi vision or the. Subdivision Plat, �rti ;Ir M S. flair L.D. Goad G.R. Stevens G.D, Rosenberg A.J. i;ells ADDRESS Avon, Colorado Avon, Colorado Avon, Colorado Avon, Colorado Avon, Colorado ?Members of the Committee are appointed by and shall serve at the sole pleasure of the +,•,DC. The Committeo shall hold an organizational inecting to elect officers and establish operating rules and pl-oceclures; and i.t shall meet as rcdui real to consider and approve or dl sa!)prove applications for any proposed char ;e in the existing state of the Mdi vision or the. Subdivision Plat, It is the intention of the WIC that the Too, :n and it:; DIM shall follow and tai l i ze the Architectural ruin i.andscane DesiL,n Guidelines anal other appropriato provisions of these Covenants. The I;DC shall monitor proceedings of the Town and its DR E regarding ;actions pert'a)niAig to the Subdivision and shall, when determined necessary, have the Committee meet and consider any particular pivposcd activity. In this connection, the Committee shall consider any action taken by the Moi or its DRB to be tantamount to a decision by the Committee unless within seven stays the Committee notifies the Town or the DRB and the person (s) :involved of the Committee's objections to such decisions. In such event the operating rules and procedures of the Co,:,rlit:tcc shall be Followed. 5. flans and Specifications: Plans and specifications submitted hereunder to the Coaamittce shall shoe: the nature, kind, shape, height, materials, floor plans, location, exterior color scheme, alterations, grading, drainage, erosion control, and all other l;aatters necessary for the Comwili.ttee to properly consider and matte a determination then; eon. The Committee shall disapprove any plans mid specifications submitted to it which are not sufficient for it to exercise the judgi ?sent required of it by these covenants. to exterior improvements of any kind, including driveways leading to the various structures within the Subdivision shall ever be constructed, remodeled, or altered in any fashion on any lands viithin the Subdivision, nor may any vegetation be altered or destroyed, nor :any landscapillrj performed unless plans and specifications for such construction or alteration or landscaping are submitted to and approved by the DRB and the Town, as applicable, and the Committee, when necessary, prior to the commencement of such work. G. Variances: Under certain circumstances, such as topography, location of trees, brush, rock outcroppings, area aesthetic considerations, view or Other matters, the COmlilittee may by a two-thirds vote allot, reasonable variances so long as such variance is not in conflict with Town regulations to these covenants. Approval by adjoining property owners of such variances shall be :favorably considered by the Coraanittec in any such decisions, After approval of any proposed chin o, the san.le shall be comploted with due diligence in conformity with conditions of approval. failure to accoaaIDI-ish the chaa?ge within one year after slate of approval or to complete the change in accordance with terns of approval s1la1l operate automatically to revoke the approval and the ;iDC may recluire tine property to be rest'orcd ns nearly as possible to its previous state. The tilne for completion of any such wort: may be extended by the Co:nnlittee.. - 5 - `I]IC Colllm it, tee Shall cxcl'cise its bcs1. jucl;;incni'. to sec that 31.1. improvements, structures; landscaping, and all alterations on the lands withi.11 the Subdi.vi,sl.olr conform and harmonize with the natilral surroundings and with existing structures as to external design, matcrials color, siding, hei.pht., topography, gr;adc, drainage, crosi.on control and finished ground elevation, 7. Liability; The Committee, I:DC or any other owner shall not be liable in damages to ally person or association submitting any plans and specifications or to any Owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove any such plans and specifications, Any ol.,ner submitting or causing to be submitted any plans any': specifications to the Cozllmi.ttee agrees and covenants that he will. not bring any action or suit to recover da3;lagcs against the Committee, ! %DC or any Other owner collectively its members individually or its advisors, employees or agents, S. Records: the Committee shall keep and safeguard for at least five (5) years complete permanent written records of all applications for approval submitted to it, including one set of all plans and specifications so submitted and of all actions of approval or disapproval and all othea- actions taken by it under the provisions of this instrument. 9. Drainage: All plans and specifications for structures and the construction of such structures shall maintain the draina;e easements and rights -of -way within the subdivi.si.on free and clear and unobstructed. No structure, road or other facility l:hich encroaches upon or crosses an), such drainage easement or right- of -way shall be constructed l i.t:}lout prior approval from the Town, the DRD or the Committee as applicable. 10. 10. Easements: "asements and rights- of• -l+,ay are hereby reserved as sl:o.,rr or described on the recorded ;plat of the Subdivision. In addition, the following easements and rights-of-way arc reserved: a. Easements in the road rights -of, l: a;' of each road for 1 ;ate sewer, electrical and other utilities, together With the installation, repair and maintenance thereof. b. Cencral casement maintained 1.11 perpetui.ty over and across all Tracts in the Subdivision in favor of ;:nC for install�ltion, repair, liin rovement, removal and ,lainten<urce or. utility facili.ti.es inCllzding ldatcl" water dralllaDe, water storage, ener;ly transmission, ellerny stOra COMMUnicatlon and similar services, Provided, }101rever, that the use and exercise of said casement shall. not C"Lll rh i.nlprovemcnts, inClUding l ,il;;s, drives, fences or landscapin ;, oxistillg upon a Tract at the time of exercise or use of said easement. C. In addition to typical utility and draill,'lge enscinents shol•:n the Plat, easements tell (10) feet in width except. l:hcrc otl:cr.:isc oil 111c. flat, are rcSC;rvcd 010310 each side of every nubl ic roads - -,ny for slope 1?,3inten fine! drainaf,10 ,Ind snob storage. , ]]. Water_ and — SVIVa +,c: Fach structury dcsilraacd for oc•cupanc(' or' rase i)y human beings shall connect with the water 1' :aci1]tic:s of the. Avon Metropolitan District and the sewage fac•iliti�,s: of the upper li:rglc vallcy Sanitation District. No private welI shall be r<sed as a source or water for human consumption in the Subdivision nor shall any facility other than those provided by the upper Engle Valley Sanitation District be used for the disposal of sewage. Groundwater :;ells for irrigating; openspace and park tracts, rights-of-way and certain private landscaped areas may be established with the permission of the C;oamnittee, the `I'oc,n and the DRY 12. Fences : The objective of the WDC is to provide for the free and uninhibited movement of all wildlife,and in approving any fence or walls the Committee, the Torn and the DRB shall consider such objective. The fencing of entire lots is discouraged and may be prohibited in order to maintain the objective of this paragraph. No fence, other than a split t•rood rail fence, or wall or similar type barrier of any hind shall be consfirtar.tc:d, erected or maintained on any lot unless approved by the DRB, except such functional or c]ecorati.vC fences or k'alls as may be approved as an integral or decorative part of a building to be erected on a lot. Chain link fences will not be perutitted. 13. Design Criteria: (Further described in the Architectural and Landscape Design Guidelines.) 13.1. 11ui.lding i?c.ight - No structure located on any lot shall exceed throe stories or thirty -five feat in height measur4.d for the aiaturccl grade at the midpoint of the structure.. 1.3.2. Building Setbacks - Building sctbrcks arc established on the Mat. As a general rule, a 25 -foot setback from the street and a 10 -foot setback from the rear and side lot lines 1:il be required. 13.3. Floor Area - No building containing either one or two living Mit:s shall be permitted or created on any site n�ith gross residential floor area (GRFA) (as that germ is defined in these Covenmits) exclusive of open porches, patios, terraces and ;ar-1 of less than 1,200 square feet and not greater the 6,000 square fact_. 33-1. Mate ri als and Colors -- ,Materials and colors are spec t a`rc d in the Design Guidelines, 77he use of natural typos of materials, such as rood any] stone are cncoura ed;. ho%-evcr, brick and stucco will l)e permitted only after careful review and approval by DRB, The Wars of materials shall be generally subdued to blend with colors of' tho natura l landscape, Earth tones are reconlmendcd although occasi ; :,,al accent. colo'is used judicious >1 will be l>er:: ;i.ttcci. All exposed shiny metal such is fleshings, chimney cap,, gutters, etc., shall be panted or coated iq blend with the structure. - % - r 13.5. Roof_: - Al J roofs shall be of a material., color and texture approved by the DRB. No maximum or mini mum pitch is spoc i Fi, except that wood shake roofs shall have a minimum pitch of 3:12. However, approval of roofs will be based on the visual impact of the roof from the neighboring sites, dwellings, roads and common areas and its suitability for the climatic conditions in the area. 13.6. ilindows and Doors - All exterior windows and doors shall be of an approved color and finish. Aluminum windows, doors and screen frames will not be allowed, unless with a colored anodized finish. 13.7, Garapes - All garage spaces shall be fully enclosed. This specifically prohibits open or partially open carports, Visual impact of garage doors shall be minimized by such measures as siting of the dwelling, protective overhangs or projections, special door facing material and /or design. 13.8. Accessory Structures - Accessory structures shall be compatible in terms of design, materials and location Ivith the main residential dwelling, All other enclosures will be compatible with the dwelling and the location, and design shall be subject to approval by the DRB. 13.9. Site Coverage - The maximum site coverage of a structure on any lot shall not exceed SO% of the site area, Areas of upper floor overhangs or projections less than 7 feet abovelini. shed grade will be included as part of site coverage, lei, Signs: No signs, billboards, poster boards or advertising structure of any kind shall be erected or maintained on any lot or structure for any purpose whatsoever, except such signs as have been approved by the DRB as reasonably necessn y for the identification of residences al�c places of business and the sale. thereof. 15. Trash and Garbage: 15.1. No trash, ashes or other refuse may be thrown or dunTW on any laird within the Subdivision nor shall the Burning of 7' -ufuse c, of doors be permitted. No incinerator or other device for the burniq: of refuse indoors shall be constructed, installed or used by Tiny Person. Each property owner shall provide sui.tabl.e recgoacles for the collection of refuse. Such receptacles shall be screened froin public vie:: and protected from disturbance. IS-2, Trash, garbage or rubbish as used herein shall include waste, rejected, valueless or worthless matter, materials and debris, useless, unused, unwanted, or discarded artaclos fro?R lxil Ortllnrt2'i' household, 1•:aste from tl)e preparation, cooking, and eonsulrIpci.on of food, market refuse, waste from the handling of s'tora C })i' <'liarr' "x0T) ox' sale of pi-oduce, true branches, twigs, grass, Ain& cl i Ti g heeds, lea4'CtS, and other general yard and Bard n wmge raters l , but shall not include food or Food products to be prq rued over out.'. q open firt:s nor good or other materials used for Cue] it) firepl,:IC : . - 8 - 16. Site Drainage and Grading: 16.1, Site drainage and grading shall be done with a minimum of disruption to the site and shall not drain to adjoining sites unless along a natural drainage path, nor cause a condition that could lead to soil erosion. "flit DRS will review any proposed driveway cut or other grading and the drainage plan for the adequacy of its reclamation provisions, In no situation shall regrading extend onto an adjacent site. 16.2. Driveway culverts, where required, will be installed by the owner. Culverts shall be of a size and location as specified on the Road Construction Plans for the Subdivision as approved by and on file with the Town, 17. Landscaping: (Further described in the Architectural and Landscape Design Guidelines.) The concern of the 1VDC is to maintain the natural appearance of the Subdivision and the continuing maintenance of such appearance. Owners and their representatives or builders will be required to: a. Minimize site disruption from grading, b. Revegetate and restore ground cover for erosion control and appearance reasons, c. Use indigenous species of plant materials as established by the Design Guidelines, d. Select man --made elements that are not shiny or reflective but which blend and are compatible with the land. e, Use existing or natural drainage paths whenever possible. f, Consider and provide for snow storage and surface water runoff. g. Conserve and protect topsoil, vegetation, rock formations and unique landscape features. The Committee and DRS require complete landscaping plans including but not limited to: adequate plant materials such as trees, shrubs, etc., and their costs thereof in their overall construction budget. 'I11e DRS requires underground automatic irrigation systems for all landscaped areas. 18, Parking: 18.1. No parking shall be permitted along the public or common roadways, 18.2. Off street vehicle parking shall be provided on a ratio of two parking spaces for each dwelling unit on a lot located in the SUbliViSiOTl. At least one of the two required parking spaces per dwelling unit shall be in a garage. 18.5. Unless otherwise approved by the DRS, each parking spare exclusive of the drives between parking rows shall be a minimum of 10 feet wide and 20 feet long and shall be located entirely ti•.ithin the loc. lines. - 9 - 18.4. All campers, trailers, boats and similar -type recreational vehicles must be kept in a fully enclosed storage area. H .S. Stabilized and permanently surfaced driveways and parking areas are required; the use of stable materials pervious to water is encouraged. All non -hard surfaced driveways and parking areas shall be constructed so as to contain edges and control erosion and wash outs, iaterials used to create special paving patterns are subject to ORB approval 19. Temporary Structures: No temporary structure, excavation, basement, trailer or tent will be permitted, except as may be determined to be necessary during construction and specifically authorized by the ORB in writing. A camping tent used occasionally on a lot by children for play or for special community recreation purposes is permitted. 20. Continuity of Construction: All structures commenced in the Subdivision shall be prosecuted diligently to completion and shall be completed within eighteen months of commencement unless an exception is granted in writing by the DRB. 21. Livestock and Pets: The keeping of livestock and animals, except dogs, cats and other household pets for personal enjoyment and not for commercial purposes, shall not be allowed. 'Me keeping of such dogs, cats and other household pets shall be strictly governed by the applicable rules and regulations adopted by the Town of Avon. In addition, for the purpose of protecting deer and other wildlife, owners are highly discouraged from bringing dogs and cats into the Subdivision. Any dogs or other pets or animals brought into the Subdivision shall be kept inside a building or when outside shall be on a leash no longer than 10 feet and completely under control of the owner at all times. No pets kill. be allowed to roam at will throughout the Subdivision. No dog or other pet run or kennel facility shall be allowed. In the event of violation of this rule, the Committee, if necessary, will contact the proper authorities to impound the animal or to take any other action permitted by law. 22. Nuisance: No noxious or offensive activity shall be carried on nor shall anything be done or permitted which shall. constitute a public nuisance in the Subdivision. 23. Trees: No trees of a diameter of four (4) inches or greater shall be cut clown or removed in the Subdivision except with the prior written approval of the ORB. 24. Exterior t.!cchanical Equipment: Mater softeners, gas storage tanks, air conditioning equipment and other, such equipment shall not be exposed to the public view, - 10 - 25. Exterior Lighting: Exterior lighting that is subdued and whose light source is not directly visible from adjacent dwellings will be permitted for such purposes as illuminating entrances, decks, driveways and parking areas and other purposes as approved. Exterior lights are subject to prior approval by the DRB. 26. Utilities: All utility lines shall be located underground unless it is very disruptive and impractical to do so considering circumstances. All exterior electric panels shall be enclosed or screened from view with other than plant material. 27. Recreation Off -Road Vehicles: No person or group of persons shall operate a snowmobile, skimobile, skidoo, snocat or other similar type of snow vehicle or motorcycle, trail bike, ATV or similar motorized vehicle or any aircraft upon any public street, way, sidewalk, Tract, lot or any land within the Subdivision except for emergency or authorized maintenance purposes. 28, Common Driveway Entrance: 28, 1, Driveway entrances, and culverts where needed, for common or adjacent use by adjacent lot oim ers is encouraged, 28.2. Required common adjacent driveways and culverts shall be for the following listed lots in the Subdivision: Lots 4 and 5, Block 1 Lots 15 and 16, Block 2 29, Minimum Requirements: Requirements and standards set forth herein are to be considered minimums when applied and may be increased or expanded by the VDC or the Committee to maintain the purposes of these Covenants, 30. Use of Architectural and Landscape Design Guidelines: The hIDC fully expects and intends that all owners of property in the Subdivision and all residents, builders, developers, all workers, and all agencies, public and private, having jurisdiction in the Subdivision shall refer to, use and follow the Guidelines to the fullest extent possible, 31. Effect and Duration of Covenants: The conditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit of and be binding upon each lot and tract in the Subdivision and each owner of property therein, their respective successors, representatives and assigns, and shall continue in full force and effect until January 1, 2029, at which time they shall be automatically extended five successive terms of ten years each, - 11 - 32. Amendment: The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, terminated, or amended, except by WDC up to and including November 1, 1982, and /or except by written consent of the real property owners of 7S% of the surface area of the privately -owned land included within the boundaries Of the Subdivision as the same may be then shown by the Plat on file in the Office of the Clerk and Recorder of Eagle County, Colorado. In determining the land included within the boundaries of the Subdivision, those parcels designated on the Final Plat as "Tract" shall be counted and shall be deemed to be owned by WDC, 33. Enforcement: Enforcement of these special conditions, stipulations and protective covenants shall rest with the M)C and the Committee, and shall occur whenever the Town pr DRB fails to maintain satisfactory enforcement for the benefit of the property owners of the Subdivision. If any person shall violate or threaten to violate any of the provisions of this instrument, the Town of Avon, the DRB, the Committee or any property.owner of the Subdivision, in addition to all other available remedies, may enforce the provisions of this instrument by instituting such proceedings at law or in equity as :may be appropriate to enforce the provisions of this instrument, including a demand for injunctive relief to prevent or remedy the threatened or existing violation of these covenants and for damages including reasonable attorneys' fees. 34. Penalties and Expenses of Enforcement; Liens for Iron- Payment of Same: If any person shall violate any of the provisions of this instrument or the rules and regulations promulgated by the Committee pursuant to this instrument for which penalties are provided, or cause expenses to the Committee as a result of such violations, and fail to or refuse to pay such penalties or expenses, then such unpaid penalties or expenses shall be chargeable to the owner, including interest, and shall constitute a lien thereon superior (prior) to all other liens and encumbrances except: (a) Tax and special assessment liens in favor of any assessing unit; and (b) All sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrance and including additional advances made thereon prior to the creation of such a lien. To evidence such a lien the Committee shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner of record of the subject property, and the legal description of the subject property. Such notice shall be signed by a member of the Committee and shall be recorded in the Office of the Clerk and Recorder of the County of Eagle, State of Colorado. Such lien for the penalties or 12 a expenses shall attach from the date of the failure of payment of said assessment of penalties or expenses, and may be enforced by foreclosure on the defaulting owner's property by the Committee, In the event of such foreclosure, the owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees, The Grantor hereunder shall have the power to bid on said real property at any foreclosure sale and to acquire and hold, lease, mortgage or convey the same. The amount of any such penalties or expenses assessed against such real property shall also be a debt of the owner thereof at the time the assessment is made, Suit to recover a money judgment for any such unpaid penalties or expenses may, be maintained without foreclosing or waiving the lien securing said debt, Any mortgage holder or similar encumbrancer holding a lien on any real property in the Subdivision may pay any unpaid penalties or expenses created hereunder with respect to such real property, and upon such payment such encumbrancer shall have a lien on such real property for the amounts paid, said liven to be of the same priority as the lien of his respective encumbrance, 3S, Definition of Property Q; +�ner: The IVDC shall be considered a real property owner as of the effective date of these Covenants. However, as used in this instrument, the phrases "real property owner ", "property owner ", or "owner of real property" shall mean any natural person, partnership, corporation, association or other business entity or relationship which shall own an estate as a co- tenant or otherwise in fee simple any portion of the lands included within the boundaries of the Subdivision for a term of not less than five (5) years. Such phrases shall not include within their meaning the holder or owner of any lien or secured interest in lands or improvements thereon within the Subdivision, nor any person claiming an easement or right - of -way for utility, transportation or other purpose through, over or across any such lands. - 13 - 36, $eyerab ility: Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall in no dray affect any of the other provisions which shall remain in full force and effect. Executed this l 1) day of 1979. Wildridge Development Company, a partnership Rona�d D. Allred, Agent ACKNOWLEDaIENT STATE OF COLORADO) ) ss COUNTY OF EAGLE ) The above and foregoing instrument was acknowledged before me this /O�t day of ,rve- y 1979, by Ronald D. Allred, an agent of ;t4lcr•a ��: Development Company, a partnership. '~v c ?:7 fi ss ion expires j r'y �_t �YCnGUs :ny hand and official seal. Notary PublVc I: