Recotinn Mack tad Bat ARK IMARUURIE Fi er PROTECT (VE COVENANTS Fon voor 3460 au 146 CHERRY CREEK VUSTA FILING NO. 14 WHEREAS, T2402, INC., is the omer of the following described real property siumted in Us CGnnly of Atapahce, Slile of Colorado, to-wit: BLOCKS 1 AND 2 Camenciny, at the southenst concer of said Section 145 thence northerly along. the east line of said Section 14, a distance of 131.95 feet; thence of & deflection angle Cate init of S0°47°09" a distance 0” 1838.02 feet to the True Point Of Beginning; tothe sort Gnuing westerly along siid course, a distance of 245.00 feet to a point on thence cont ithensterly corner of "Cherry Cruck Vista Filing No. 13°; thence org ‘the te my boundary of said "Cherry Crock Vista Filing No. 13° the following six (6) easterly Pet) thence on a deflection angle to the left of 20°00) 00", distaice of Goes est (2) thence on 2 deflect ion angle to the right of 12°00'00", a distaee of 495.00 feet’ (3) thenes on a deflect ion angle to the right of 20°00°00", a distance of soon ect! (4) thence on a deflection angle to the left of s0°00"00", a distines ot 155.00 feet! (S) thence on a deflection angle to the right of 35°00"00", 8 distance, ot 2 races (6) thence on a deflection angle to the lett of 35°00'00", a distance, of Sait eeett to Point "A"; thence on a deflection angle to the left of 90°00'0)" distance 100 oe Feet, thence on a’deClection angle tw the left of 48°00'00", a distance of raerTe Beet’ to the True Point of Beg:nning, containing 5.161 acres, more or less- BLOCKS 3 AND 4 comencing at the aforanentioned Point "A" and continuing soutberty along said easterly boundary of "Cherry Crock Vista Filing No. 13" the followte ‘three (3) caeerey C1) thence on a deflection angle to the right of 90°00" 007 a distance of SEonSo tect; (2) thance on a deflection angle to the left of 19°22°e20, & distance 2009.86 fet; (3) thence on a deflection mle to the left of 06°46 27", n distance oe ee -8e foct'to the True Point of Boginnings thence along sald easterly and south- Grly boundary of said "Cherry Creek Vista Filing No. 13" the following eight (8) erly Dowme(d) thence on a deflection angle to the right of 12°011200, a distance of Sea fect; (2) thence on a deflection angle to the right of 06°54 49". & distance of’ 230.00 feet; (3) thence on a deflection angle to the left of 27°31! 44" Sf 105.66 feet} (4) thence on a deflection angle to the left of 26°09'47", a distance oF 320.00 feet; (5) thence on a deflection angle to the left of 15°86 2 oF eee test; (6) thence on a deflection angle to the right of 105°56" 4 of 725 00 feats (7) thence on a deflection angle to the left of S8°18,45", © distance Of 58.83 feet; (8) thence on a deflection angle to the right of 38°18" 43", a distance of 398.93 feet, said point being the intersection of said southerly of SGrerry Creek Vista Filing No. 13" and the easterly boundary of "Cherry Creek Vista Pitine No. 12"; thence along said easterly boundary of "Cherry Creek Vista Filing Wa th the following two (2) courses: (1) thence on a deflection angle to the left No. ge45'34" to the tangent of a curve to the right, its radius being ‘1,575.00 feet, Sta delta angle being 04°12'35", and arc distance of 115.72 feet to &, point of tangency; @} thence seutherly slong said’ tangent, a distance of 55.66 feet. said point also being 2) Sheereection of eaid "Cherry Creek Vista Filing No. 12" and the south line of said rhe Lh one-half of Section 23; thence easterly along said south line ov 4 deflection angle to the left of GI°19'17", a distance of 650.75 feet; thence OF & deflection angle sae e ieft of 80°00'00", a distance of 206.00 feet; thence on a deflection angle to the right of 46°00'00", a distance of 64.80 fects thence on a defiectson angle to the sere of s0°00'O0", 8 distance of 273.83 feet; thence on a deflection angle to the left of dael4'ZL, a distance of 135.19 feet; thence on a deflection angle to the right of ‘a distance of 140.00 feet; thence on a deflection angle to the right of + 3 distance of 41.37 feet; thence on a deflection angle to the right of $3", a distance of 204.97 fects thence on a deflection angle to the left of #50000" to the tangent of a curve to the right, its radius being 380.00 feet, its Gelta angle being 03°44"13", an arc distance of 24.79 feet to a point of tangeney: Sane anerttwesterly along said tangent, a distance of 225.24 fect to the True Point of Beginning, containing 8.997 acres, more or less. WHEREAS, the undersigned are desirous of maintaining said real property as a first cluss and premium residential district.0 3460 iy 147 NOW, THREFORE, said omer does for Itself, Lts grantees, succcsect and assigns bereby deckue, imose and establish conditions and protect ive covenants seri Brespect. to the real property above-d'scribed as follows: 1. LAND USE AND BUILDING TYPE: No building site shall be wed except for resideitinl purposes. No building shall le erected, altered or placed oF permitted to resident jun any building site other than detsched single family dwontine not. to exceed eee tories: In height wd a private gurage to wecurmodate not more three (3) cars. 2. ARCUI'TECTURAL CONTROL: No building, fence, wall or other structure shall be oreeted, placed or altered on any building site until the construct ion plans and Be Sitications showing the kind, shape, height, materials» floor planss exterior color Seer ictandscaping and grading plan, and a plot plan with the location of the ‘Archi- scheme, entrol Cemmittce as to the quality of and as to location with respect. te [ehtkraphy and cffect on Lbv outlook frum adjacent neighboring building sites, ‘and finish Exude glevation. No fence or exterior wall shall be erected, placed OF altered cn grvipuilding site nearer to any slrevt thin the minimm building setback bite a provided by law or exceeding forty-two (42) inches in heig't: unless ‘similarly approved. Approval shall be as provided in Paragraph 16 berco!. 3. DWELLING COST: Quility and Size: No dwelling shall be permitted on any, puildtug cite at a cost of Tess thin $35,000.00 based on cost levels prevailing on the building #iveucctive Covenants: 1re recorded, it being the intention and purpose of sate ie he to secure that all dwellings shall be of a quality of workminship and ane erenatbstantially the sane or better than that which cun be procured on the date reer eco Protective Covenants aro recorded at the minimm permitted dwelling $i76- The ground floor area of the main structure, exclusive of one store oper Traps, shill be not less than 1,100 square fect for a one story dwelling, nor less fhan 700 square feet for a dwelling of more than one story. 4. BUILDING LOCATION: No building shall be located on any building site nearer to the front lot Line or nearer to the side street Line than ‘the minimm building nettask vines stuwn in the recorded plat and as provided by law. In any events no Peinding shall be located on any building site ncarer than that which 4s permitted by applicable law; or twenty (20) feet to the front lot Line; or nearet than that which jerremnitted by applicable law or ten (10) permitted feet to any side strest line. He Reltaing shail be located nearer than that which is permitted by applicable law ov weve GB) inet to an anterior building site line. No dwelling shall be located on any iitesor bullding ite nearer than that which is permitted by applicable by law or {wenty (20) feet to the real lot line. For the purposes of this Covenant, eavess steps tnd open porches shall not be considered as part of building; provided, however. ‘that, ond Ceati not be construed to permit any portion of the building site to encroach upon another building site as platted in the Subdivision. 5. LOT AND AREA WIDTH: No dwelling shall be erected or placed on any building site leaving a width less than seventy (70) feet at the minimm building setback Line, Bit? hell any dwelling be erected or placed on ray building site having an area less ‘than seven thousand (7000) square feet. G. EASEMENTS: Easements for installation and maintenance of utilities and drainage facilities are Teserved as ebom on the recorded Plat of the Subdivision and Graintfe rear and side lot lines as shown on the recorded Plat of the Subdiviston. Githin this easenent, no structure, planting or other material shall be placed or tted to remin which my damage or interfere with the installation and maintenance Pemutilities, or which my change the direction of flow of drainage channels in the of tkents or which my obstruct or retard the flow of water through drainnge channels Snner stemming fram said easenents, However, the easanent area of each lot and all jnprovenents in it shall be mintained continously by the owner of the lot» except jmretone improvenente for which a public authority or utility company is responsible, 7. NUISANCE: The omer of any building site shall not suffer or permit any poxious or offensive activity to be conducted or carried on a practiced therem Or etn any residence or dwelling or accessory building constructed thereon or other within sed or employed for any otber purpose that will oonstitute an annoyance to the Metehborhood ofa nuisance as provide: by 1aw or that will cetract, fram the residential Value, reasonable enjoyment and quality of the premises with the Subdivision. acoor 3460 nt 148 8, ‘TEMPORARY STRUCTURES: No portion of any buliasog Oe basement or garage shill be oceupiad as living quarters prior to the ‘completion of the construction of sl latine building, wd any building mast ‘be fully completed within one (1) year th Giay: the catmarcsient of work thereon, No viructure ‘of a temporary character, Seer bile hume, Taeamunt, tont, shack, smmize, Darn ee other outbuilding shill PEACE on any building site at any time as a residence cither temporarily or perman ntly. 9, SIGNS: No signs of any Kind shall be displayed to the public view on any putlding site except sims wed by the builder, develope’ its authorized designees tat ne ise the property during the constuction and sates period, and one (1) sign of 10 te rive (9) square feet advertising any Property for ‘sale or rent shall be authorized. 10, O11 AND MINING OPEUATIONS: No oil drilling, ot} development operations, ott utining, quarrying or mining operations of any kind shall De. permitted upou or Gh any building site, nor shall ofl wells, tanks, tunnels: mineral excavations or shafts dy pommitted upon or within any building site. No ‘derrick or other structure designed BY PC ing for oil, Ratural grs or other minerals shat} be, erected, maintained or permitted upon any building site. The forcgoine, restriction shall apply equally to Cry equipment or activitics connected with the drilling ‘and permanent placement of wells used to secure water. 42. LIVESTOCK AND LOULTRY: No animals, Livestock oF poultry of any kind shall be raised, bred or kept on any building site, fale ‘and except that domesticated SOaee ents or other cotton houschold pets may be Kept 99 Jong as the aro not kept, bred or muntained for any commercial purpos 412. GARBAGE AND REFUSE DISPOSAL: No vullding site shalt be used or maintained as a dumping ground for rubbish, trash, garbage ot otber wats: Rather, said items stall ae earn epproved sanitary containers on the sites oF by te personal or persons be Kept in 2pPioce of sane so long as they in no way interfere Wien, the overall beauly desiring to te enjoyment of the other omers of property within tie ‘Subdivision. No and TeasoapiGerators shall. be pemitted and other equipment for foe lawful storage and qrterier of euch mterial shall be Kept in a clenn and sanitary ‘condition. 43. COMMERCIAL USAGE: No business building, machine Shp oy other industrial structure or building devoted to commercial or public ‘enterprise shall be erected on any part of the subject building sites, ‘and no business shall be conducted or carried any oP be practiced upon such building sites or within any ‘residence or dwelling or Prifding constructed thereon except that temporary buildings IY ‘be erected and used by sere tne. oF its designees for use in developing the the subject 44. SITE DISTANCE AT INTERSECTIONS: No fences wat?» hedge, or shrub planting shall obstruct site lines at elevations between two (2) and six (6) feet seve roadways shall be permitted to remain on any cores: building site within the felengular area formed by the street property lines, and & line connecting than at foints fifteen (15) feet from the intersection of the ‘street lines, or in the case Ponte ounded property corner from the intersection of the ‘street property lines Shtended. The same site Line limitation shall apply to ony, building site within ten Gio) feet from the Antersecton of a strect property line with the edge of a drive yoy of alley pavement. No tree shall be permitted to remain within such distance of we intersection unless the foliage line is maintained at sufficient height to Prevent obstruction of such site lines. It 1s ‘expressly understood that the fore- Poing provisions to the contrary notwithstanding shal? first be controlled by Spplicable law, if there be any in existence. 45. ARCHITECTURAL CONTROL COMMITTEE AND MEMBERSITE: ‘Whe Arch- Jtectural Control Comittee is composed of Irving Hook, 387% ‘South Quebec Street, Atecture’ Norado; Flora Hook, same, and Mindy Miller, 10571 Bast ‘Orchard Place, Englewood, Colorado. A majority of the Committee my: designate a representative eeeret for it. In the event of death of resignation of any member of the Camittee, the remaining menbers shall have full power and authority to designate a successor. Helthor the menbers of the Comittee, nor its designated representative shall be wetitied to any compensation for services performed pursuant £9 this Covenant. At any time, the record owmers of a majority of the lots within the subject Subdivision Sra have the power through a duly written instrument to change the membership cithe Committee or to withdray from the Comittee or restore 4t to any of its