The Covenants of the Walnut Creek Homeowners' Association

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There shall be created an Architectural Control Committee (hereinafter the “Committee) to be composed of three (3) persons to be appointed by the majority of the Executive Board of the Walnut Creek Homeowners’ Association, a non-profit Colorado corporation.  In the event of the death or resignation of any member of the Committee, the remaining members of the Committee shall designate a successor.  No member shall receive compensation, except for expenses for services rendered by them as a member of the Committee.  No building, fence, wall or other structure shall be erected, placed or altered on any lot until the construction plans, specifications and a plan showing the location of the structure have been approved by the Committee as to quality of workmanship and materials, harmony of external design with existing or proposed structures, and as to location with respect to topography and finish grade elevation.  Any such proposal shall include a scheduled completion date for the project.  It shall be a violation of these covenants for a project to remain unfinished after the stated completion date accepted by the Committee.  The Committee shall specifically require that all dwellings and garages be composed of at least 50% brick of the finished wall area, but exclusive of doors and windows, and that only shake shingles, or such other roofing materials as may be approved by the Committee, be used for roofing material.  The Committee will approve fiberglass asphalt shingles meeting the following specifications:

Weight: Minimum 355 lbs./square
Thickness:
 Minimum 0.25 inches, 3 dimensional
Pattern: Random
Fire Rating: U.L. Class A
Warranty: 40 Years labor and materials
Wind Rating: Warranted to 90 MPH for 10 years
U.L. certified to meet ASTM D3462. All documents received by the Committee with respect to any proposed construction project will remain the property of the Committee.
Weight: Minimum 355 lbs./square
Thickness: Minimum 0.25 inches, 3 dimensional
Pattern: Random
Fire Rating: U.L. Class A
Warranty: 40 Years labor and materials
Wind Rating: Warranted to 90 MPH for 10 years
U.L. certified to meet ASTM D3462. All documents received by the Committee with respect to any proposed construction project will remain the property of the Committee.

The Committee disapproval or approval of any proposal for construction shall be given to the proposing owner, in writing, within thirty (30) days after the proposal has been submitted to and received by the Committee. Any plan or specification, relating to proposed construction, which is not disapproved in writing within this thirty day period will be deemed approved, whether written or not.

No building shall be constructed on a lot which shall exceed a height of 30 feet as measured from the lowest point of the grade established for the lot on the original plat or if not established on the original plat, the original natural ground level to the highest point on the roofline.

 

One professional sign of not more than one square foot or one sign of not more than five square feet advertising the property for sale or rent will be permitted. Political signs will be permitted up to a maximum size of 36” x 48” for 45 days before, and 7 days after an election. Political signs are defined as “a sign that carries a message intended to influence the outcome of an election, including supporting or opposing the election of a candidate, the recall of a public official, or the passage of a ballot issue.” American flags will be permitted if displayed according to the Federal Flag code, 4 U.S.C. 4 to 10. A military flag of the five branches of service will be permitted if a member or one of their families is in that service. Please be considerate of your neighbor in placement of your sign or flag.

No trash or other refuse material may be disposed of or dumped on any lot or tract, nor incinerators or other devices for burning of refuse shall be constructed, installed or used. Each property owner shall provide suitable service areas and receptacles for the collection and/or storage of refuse. All service areas shall be visually screened and enclosed, by planting or fencing, from views from adjacent lots, public roads, and drives.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other similar household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes. Additionally, no lot shall keep more than three household pets at any one time except that litters may be kept for up to three months. Any animal, whether or not domesticated or trained, which by any sound or cry, offensive odor, or dangerous nature, shall disturb the peace, safety or comfort of the neighborhood, or interfere with any person in the reasonable and comfortable enjoyment of life or property, shall not be kept or maintained. The express purpose of this covenant is to maintain the desirable residential character of the neighborhood.

No recreational vehicle, camper, trailer, basement, tent, shack, garage, barn or other outbuilding, or structure of a temporary character, shall be used on any lot at any time as a residence, either temporarily or permanently.

No noxious, offensive or illegal uses in violation of the zoning code then in effect in this subdivision shall be carried on or upon any lot or within any building, nor shall anything be done or maintained thereof which may be or become an annoyance or nuisance to the neighborhood.

All utility service lines shall be buried underground within the dedicated roadways or easements. No television or radio antennas or towers, of any kind, shall be erected higher than six feet above the highest roof line of each dwelling unit. Radio or television antennae, of any kind, must be attached to a dwelling unit. Satellite dish antennae are allowed so long as visually screened and enclosed by planting or fencing from the views of adjacent areas, public drives and roads. Any solar heating installation, or other outstanding feature, must be approved by the Committee before it may be constructed.

Should any part of these covenants be declared invalid or unenforceable by any Court of competent jurisdiction, the validity and enforceability of the remaining covenants shall not be affected.

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2000, at which time they shall be automatically extended for successive periods of fifteen years unless revoked, amended, or modified as provided in Paragraph 15 of these covenants.

Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violations or to recover damages therefor. Any person acquiring an interest in the land protected by these covenants shall have a right to bring an individual cause of action for a breach thereof. The Walnut Creek Homeowners Association shall be assigned the right, on behalf of all of the owners, to bring an action for breach of these covenants. The assignment of this right to the Homeowners Association shall be made whenever a person purchases property protected by these covenants.

The covenants may be changed in whole or in part at any time during the original period or during any of the extended periods above mentioned through a duly recorded, written and acknowledged instrument signed by at least two-thirds of the record owners of the lots protected by these covenants. Adoption of these covenants shall constitute as a complete revocation of any prior covenants on WALNUT CREEK DEVELOPMENT UNIT #1.

This Amendment to Amended Covenants for Walnut Creek Development Unit #1 (“Amendment”) is executed effective as of the 15th day of August, 2003, by the “Owners” as set out on the signature pages which follow. Such Owners own at least two-thirds of all lots protected by the Amended Covenants for Walnut Creek Development Unit #1 (“Covenants”).

  1. The Covenants were recorded on December 4, 1985 at Reception #85116961 in the records of the Clerk and Recorder of Jefferson County, Colorado, and were further amended by a document recorded June 26, 2003 at Reception #F1789264 in the records of the Clerk and Recorder of Jefferson County, Colorado.
  2. The parties set out on the signatures pages attached to this Amendment (the “Owners”) own at least two-thirds of all lots protected by the Covenants. Accordingly, pursuant to paragraph 15 of the Covenants, the Owners have the power and authority to amend the Covenants in whole or in part at any time during the original period of the Covenants or during any of the extended periods of the Covenants.
  3. The Owners desires to amend the Covenants as set forth in this Amendment, and do hereby amend the Covenants, pursuant to paragraph 15, as follows:
  1. The real property which is subject to the Covenants, previously known as all lots and real property within Walnut Creek Development Unit #1 in the County of Jefferson and State of Colorado, recorded in Plat Book 31 at Page 1 of the records of the County of Jefferson and State of Colorado, is hereby revised to DELETE the following described real property: All of Tract 8A, Walnut Creek Development, Unit One, County of Jefferson, State of Colorado. Tract 8A shall no longer be subject to the Covenants, effective as of the date of the recording of this Amendment.
  2. Except as amended by this Amendment, the Owners hereby ratify, confirm and approve the Covenants.

IN WITNESS WHEREOF, the Owners have executed this Amendment on the date set out above.