WHEREAS, SINGER HOUSING COMPANY, a Delaware Corporation and TRANSAMERICA TITLE INSURANCE COMPANY, a California Corporation, as Trustee, are owners of Lots 9 thru 25, Block 15; Lots 3 thru 51, Block 16; Lots 1 thru 12, Block 17; Lots 1 thru 8, Block 18; Lots 1 thru 9, Block 22; Lots 1 thru 8, Block 23; Lots 1 thru 54, Block 24; Lots 1 thru 8, Block 25; Lots 1 thru 9, Block 26; Lots 1 thru 54, Block 27; Lots 1 thru 30, Block 28; Lou 1 thru 13, Block 29; Lots 1 thru 20, Block 30, Lots 1 thru 52, Block 31; and Lots 1 thru 9, Block 32 all in Kipling Villas, a subdivision of a part of Jefferson County, State of Colorado, according to the recorded plat thereof and Lots 26 thru 33, Block 15; Lots 1 thru 18, Block 19; Lots 1 thru 16, Block 20, Lots 1 thru 8, Block 21; Lots 10 thru 19, Block 22 all in Kipling Villas, Amendment No. 1, a replat of part of Kipling Villas, a subdivision of a part of Jefferson County, State of Colorado, according to the recorded replat thereof and both plat and replat on file in the office of the County Clerk and Recorder of said Jefferson County, Colorado, and
WHEREAS, SINGER HOUSING COMPANY, Owner and Developer, desires that said property be developed and maintained as carefully protected subdivision and community;
WHEREAS, Transamerica Title Insurance Company, a California Corporation, as Trustee and as owner and beneficiary named in Deeds of Trust of record, consents to and cooperates with Singer Housing Company as to these covenants and for such purposes joins in the execution of the within instrument; and WHEREAS, the said Owners have previously recorded a Declaration of Protective Covenants relating to the Property in the real property records of Jefferson County, Colorado on March 12, 1975, in Book 2710 at page 353 as Reception No. 695914; and WHEREAS, the Owners have previously recorded a Declaration of Protective Covenants relating to the Property in the real property records of Jefferson County, Colorado on February 25, 1975 in Book 2705 at page 837 as Reception No. 692891; and WHEREAS, the said Owners are still the Owners of all the real property affected by mid previous Declarations of Protective Covenants
NOW, THEREFORE, the said Owners do hereby specifically revoke in their entirety any and all restrictive or protective covenants heretofore imposed on said property, or parts thereof, including by not limited to, the Declaration of Protective Covenants recorded in Book 2710 at page 353 and in Book 2705 at page 837 of the records of the office of the County Clerk and Recorder of said Jefferson County, Colorado, and does hereby publish and declare that the above described lots shall be subject to the following restrictions and conditions to run with the land, to-wit:
1. Building Site: A building site, hereinafter referred to as "site," for purposes of these covenants is defined as any area upon which a dwelling shall be erected containing minimum width and square foot areas as described in Paragraph 4 hereunder.
2. Land Use and Building Type: No site shall be used except for residential purposes and no building shall be erected, altered, placed or permitted to remain on any site other than one single-family dwelling not to exceed two and one-half (2 1/2) stories in height and a private garage or carport for not more than two cars.
3. Dwelling, Cost, Quality and Size: No dwelling shall be erected on any site with a ground floor area of the main structure exclusive of one-story open porches and garages, less than seven hundred fifty (750) square feet or a one-story dwelling, nor less than seven hundred (700) square feet for a dwelling of more than one-story. In the event there are less than seven hundred fifty (750) square feet of ground floor area in a two-story or multi-level dwelling, there must be sufficient additional square footage in finished habitable rooms or living areas on other floors or levels of the dwelling to exceed the seven hundred fifty (750) square foot minimum allowable square footage for a single- story dwelling; nor shall any dwelling be erected on any lot at a cost of less than $11,000 based upon cost levels prevailing on the date these covenants are recorded.
4. Site Area and Width: No dwelling shall be erected or placed on any site having a width of less than forty (40) feet at the building line nor shall any dwelling be erected or placed on any site having an area of less than 6,000 square feet unless approved and accepted by Jefferson County.
5. Building Location: No building shall be erected on any site nearer than fifteen (15) feet from the front site line. No building shall be erected on any site nearer than five (5) feet from the side site line for interior sites nor nearer than ten (10) feet from the side street site line of a corner site nor nearer than five (5) feet from the rear site line exclusive of easements. For the purpose of this covenant, roof overhangs, steps, open porches or stoops, slabs, and chimneys shall not be considered as part of a building and shall be permitted to extend into the side or rear yard setback by a maximum of two (2) feet, except that this shall not be construed to permit any portion of a building on one site to encroach upon another site.
6. Site Distance at Intersection: No fence, wall badge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner site within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street line, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitation shall apply on any site within ten (10) feet from the intersection of a street property line with the edge of a driveway. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
7. Nuisances: No noxious or offensive activity shall be carried on upon any site, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Development, construction and activities associated therewith or pertinent thereto by the Singer Housing Company, its agents or assigns shall not be considered noxious and/or offensive activity and/or an Annoyance or nuisances to the neighborhood.
8. Temporary Structures: No trailer, basement, tent, shack, garage, barn or any other building shall be used as a residence, temporarily or permanently at any time, nor shall any structure of a temporary character be used as a residence, except that Singer Housing Company and its designates may place on any lot or lots temporarily a trailer and/or other temporary buildings as it deems necessary for development, construction and sales purposes during the development, construction and sales period.
9. Oil and Mining Operation: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any site
10. Easements: Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. In addition, the rear five feet and the side five feet of each site are reserved for drainage and/or drainage facilities. Within these easements no structure, planting or other material shall be placed or permitted to remain which may change the direction of flow or obstruct or retard the flow of water through channels or swales in the easements except that any construction work performed by the aforesaid Owner, Singer Housing Company, or party or parties authorized by it to perform construction work may construct any buildings permitted by these covenants and if said buildings, parts or components thereof comply with Section 5 hereof "Building Location" then such building or buildings or parts or components thereof shall not be deemed a violation of this Section 10 even though there has been an intrusion into the five foot side and rear yard easements mentioned herein above. The aforesaid owner and developer, Singer Housing Company, or agents thereof, reserves the right to enter in and upon the five foot side and rear easements at any time to make changes and/or perform grading or drainage or corrective work of what-so-ever nature which it in its sole discretion deems necessary or desirable. These easement arms and improvements thereon shall be maintained continuously by the owner of the site, except for those improvements for which a public authority or utility company is responsible.
11. Garbage and Refuse Disposal: No site shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
12. Architectural Control: No building shall be erected, placed or altered on any site until the construction plans and specifications and a plan showing the location of the structure have been approved in writing by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected placed, or altered on any site unless similarly approved. The Architectural Control Committee shall be composed of W. H. Francis, Jr., 1273 Brookfield Drive, Longmont, Colorado; Robert M. Anstine, 2815 l6th Street, Boulder, Colorado; and Robert R. Millican, 1606 South Robb Way, Lakewood, Colorado. A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of lots shall have the power, through a duly recorded written instrument, to change the membership of the Committee or to withdraw from the Committee or restore to it any powers and duties, and only Singer Housing Company shall be exempt form architectural control.
In the event the Committee or its representative fails to act in regard to plans and specifications submitted to it, or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof, approval shall not be required and the related covenants shall be deemed to have been fully complied with.
13. Signs: No sign of any kind shall be displayed to the public view on any site except one professional sign of not more than one (1) square foot, except one sign of not more than six (6) square feet advertising the property or site for sale or rent and except that the developer or its agents or assigns shall be permitted to place signs on any lot or lots which it owns to advertise the property during the development, construction and sales period.
14. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
15. Street Lighting: All lots shall be subject to and bound by Public Service Company tariffs which are now and may in the future be filled with the Public Utilities Commission of the State of Colorado relating to street lighting in this subdivision, together with rates, rules and regulations therein provided and subject to all future amendments and changes thereto. The then owner or owners of sites shall pay as billed a portion of the cost of public street lighting in the subdivision according to Public Service Company rates, rules and regulations, including future amendments and changes on file with the Public Utilities Commission of the State of Colorado.
16. Terms: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date the covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the sites has been recorded, agreeing to change said covenants in whole or in part.
17. Enforcement: Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages: provided that no such action may be taken unless commenced within one (1) year of such alleged violation.
18. Severability: Invalidation of any of these covenants by judgment or court order shall in nowise affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, on the 22nd day of September, 1975, the said Singer Housing Company, a Delaware Corporation and Transamerica Tide Insurance Company, a California Corporation, have caused their names and seals to be hereunto affixed.
NOTE: This is NOT a legal document. This is a reproduction of the current covenants of record with the Jefferson County Clerk & Recorder. Every effort has been made to ensure accuracy. To obtain a legal copy of the covenants, contact the Jefferson County Clerk & Recorder at 303-271-8121.