DECLARATION of COVENANTS, CONDITIONS and RESTRICTIONS
for THE RUBY RANCH SUBDIVISION
Originally approved October, 1979, as amended to August, 1983,
December, 1989, and June, 2000
RECORDED RECEPTION NO.
Oct. 3, 1979 197479
Oct. 23, 1979 198512
May 20, 1981 223719
Aug 18, 1983 261612
Dec 28, 1989 380840
June 28, 2000 625749
DECLARATION of COVENANTS, CONDITIONS and RESTRICTIONS
for THE RUBY RANCH FILINGS NUMBER 1 and 2
THIS DECLARATION, made on the date hereinafter set forth by JMC
Co and
the Shirley Company, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the County
of
Summit, State of Colorado, which is more particularly described
as: The
Ruby Ranch Filings Number 1 and 2. Such property shall hereafter
be referred
to as "The Ruby Ranch".
NOW THEREFORE, Declarant hereby declares that all of the property
described
above shall be held, sold and conveyed subject to the following
easements,
restrictions, covenants, and conditions, which are for the purpose
of protecting
the value and desirability of, and which shall run with the real
property
and be binding on all parties having any right, title or interest
in the
described properties or any part thereof, their heirs, successors
and assigns,
and shall inure to the benefit of each owner thereof.
ARTICLE 1 - PURPOSE OF COVENANTS
Section 1. General Requirements. It is the intention of
the Declarant
expressed by its execution of this instrument, that the lands
within the
subdivision be developed and maintained as a highly desirable
rural residential
area. It is the purpose of these covenants that the present
natural beauty,
the natural growth and native setting and surroundings of the
subdivision
shall always be protected insofar as it is possible in connection
with
the uses and structures permitted by this instrument. It is of
primary
intent that the seclusion of each home site in the subdivision
from neighboring
home sites shall be protected insofar as is possible.
ARTICLE II - DEFINITIONS
"Association" shall mean and refer to the Ruby Ranch
Owners Association,
its successors and assigns.
"Owner" shall mean and refer to the record owner, whether
one
or more persons or entities, of a fee simple title to any Lot
which is
a part of the Property, including contract sellers, but excluding
those
having such interest merely as security for the performance of an
obligation.
"Property" initially shall mean and refer to Filings 1 and
2
of The Ruby Ranch, Summit County, Colorado, and shall mean, refer
to and
include any additional filings of The Ruby Ranch as may be annexed
pursuant
to Article XII, Section 5 hereof, and such additions thereto as
may hereafter
be brought within the jurisdiction of the Association.
"Common Area" shall mean all real property, except roads
(including
the improvements thereto) owned by the Association for the common
use and
enjoyment of the owners. Tracts "A" through "U" shall be conveyed
to the
Association at such time as a minimum of 75% of the lots in the
subdivision
have been sold.
"Lot" shall mean and refer to any plot of land shown upon
any
recorded subdivision map of the Property with the exception of the
Common
Area tracts.
"Declarant" shall mean and refer to JMC Co and the Shirley
Company,
their successors and assigns.
ARTICLE III - PROPERTY RIGHTS
Section 1. Platted Roads are Private. All platted roads
in the
subdivision are owned by the Association and are private roads for
access
to all lots within the subdivision by owners and their guests and
emergency
vehicles of public agencies. All costs of construction shall be
paid by
the Declarant so long as a Class B membership exists and all
maintenance
including snowplowing shall be performed by the Willow Brook
Metropolitan
District. No costs of road maintenance shall be borne by Summit
County.
The only exceptions to the above are those portions of Willowbrook
Road
and North Ruby Road (extended) that may, in the future, provide
public
access to abutting National Forest lands.
Section 2. Owners' Easements of Enjoyment. Every owner
shall
have a right and easement of enjoyment in and to the Common Area
tracts
which shall be appurtenant to and shall pass with the title to
every Lot,
subject to the following provisions:
(a) Common area tracts identified by letter shall remain in ownership of the declarant until 75% of the lots in the subdivision as platted and recorded are deeded to private owners. At such time the common area tracts shall be deeded by the Declarant to the Association.Section 3. Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
(b) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area.
(c) The right of the Association to suspend the voting rights and right to use the recreational facilities by an owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations.
(d) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds of each class of members has been recorded.
(e) The right of the Association to enter into written contracts allowing certain equestrian activities on the common area designated Track K which, in the opinion of the Board of Directors of the Association, enhance the concept of The Ruby Ranch subdivision remaining a working Ranch. By way of illustration, but not limitation, such activities might include grazing horses, recreational activities like barbeques, temporary meeting tents, baseball or horseshoe games, family reunion parties, sleigh and hay rides, and guided horseback rides. Each contract so entered into by the Association may not exceed three years duration; however, each contract would be subject to renewal of an additional term at the discretion of the Board of Directors of the Association.
Section 4. Stockponds West Access Easement. Owners of
property
in the Willowbrook Meadows Subdivision and the Stockponds
Subdivision,
a 67.4-acre tract annexed to the Town of Silverthorne by whatever
name
it becomes known as, and owners of The Ruby Ranch subdivision
shall have
an access easement into the area known as the Stockponds West, a
50.1-acre
tract north of The Ruby Ranch as provided and limited by the
Easement Deed
granted and recorded by JMC Co. Said access for the Willowbrook
Meadows
Subdivision and the Stockponds Subdivision shall be along routes
to be
designated and marked by JMC Co from those subdivisions. Owners of
property
in The Ruby Ranch subdivision shall have access to this easement
only by
way of a trail located in Tract R. The owners of lots 42R, 46, 47,
and
52, Filing 2, shall also have access to the Stockponds Open
Easement at
any point along the contiguous property line with said easement on
the
northerly boundary of said lots. Said access for owners of
property in
any of the three subdivisions shall be limited to pedestrian
traffic only
and specifically excludes any motorized or other vehicles (such as
mountain
bikes) of any type. Horses may be permitted only on a specific
route designed
for such use and only if signs designating such horse route are
placed
by JMC Co or its successor. Dogs may be permitted only if they are
on a
leash no longer than six (6) feet. Guests of owners of any of the
three
subdivisions shall be permitted only if accompanied by a member of
the
immediate family of an owner in one of the subdivisions and may be
required
to produce reasonable evidence of such ownership. Any owner who
does not
cooperate with the limitations and identification procedures may
be denied
access to said easement. The Association for each subdivision, or
a future
similar entity designated for the Stockponds Subdivision, shall
have the
burden of restoring any damage done through use of the easement.
ARTICLE IV - THE RUBY RANCH OWNERS ASSOCIATION
MEMBERSHIP and VOTING RIGHTS
Section 1. Formation of the Ruby Ranch Owners Association.
Prior
to the conveyance of any lot in the subdivision the Association
shall be
formed as a Colorado corporation not for profit, as provided by
the Statutes
of the State of Colorado. Articles of Incorporation are recorded
in the
records of Summit County, Colorado, are presently in effect, and
shall
be filed with the Secretary of State. They may be amended from
time to
time and such amendments shall be recorded in Summit County,
Colorado records.
A Board of Directors shall be established in accordance with the
Articles,
and the Association shall establish by-laws for each separate
tract.
Section 2. Membership in the Association. Every owner of
a lot
which is subject to assessment shall be a member of the
Association. Membership
shall be appurtenant to and may not be separated from ownership of
any
lot which is subject to assessment. The owners of separate tracts
containing
attached or detached residential units shall each be considered
full members
of the Association and subject to full assessment for each
separate tract.
Section 3. Voting Rights of Members of the Association .
The
Association shall have two classes of voting membership:
Class A. Class A member(s) shall be all owners, with the exception of the Declarant, and shall be entitled to two votes for each lot (as originally platted by Declarant) owned. When more than one person holds an interest in any such lot, all such persons shall be members. The vote for such lot shall be exercised as they determine but in no event shall more than two votes be cast with respect to any such lot. At such time as any lot (as originally platted by Declarant) is resubdivided into two lots, then each of the two resubdivided lots shall be entitled to one vote.
Class B. The Class B member(s) shall be the Declarant and shall be entitled to six (6) votes for each lot (as originally platted by Declarant) owned. At such time as any lot (as originally platted by Declarant) is resubdivided into two lots, then each of the two resubdivided lots shall be entitled to one vote. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or(b) One December 31, 1987.
Section 4. Notice and Quorum for Meetings. Written notice
of any annual or special meeting shall be sent to all members not
less
than 15 days nor more than 50 days in advance of the meeting. The
presence
of members or of proxies entitled to cast one-tenth (1/10) of all
the votes
of each class of membership shall constitute a quorum. If the
required
quorum is not present, or represented at the meeting, the members
entitled
to vote thereat shall have power to adjourn the meeting without
notice
other than announcement at the meeting, until a quorum as
aforesaid shall
be present or represented.
ARTICLE V - COVENANT for MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments.
The Declarant, for each lot owned within the Property, hereby
covenants,
and each owner of any lot by acceptance of a deed therefor,
whether or
not it shall be so expressed in such deed, is deemed to covenant
and agree
to pay to the Association: (1) annual assessments or charges, and
(2) special
assessments for the capital improvements, such assessments to be
established
and collected as hereinafter provided. The annual and special
assessments,
together with interest, costs and reasonable attorney's fees,
shall be
a charge on the land and shall be a continuing lien upon the
property against
which each such assessment is made. Such lien may be foreclosed in
the
manner provided for foreclosure of mortgages on real estate by the
law
and court rules then in effect in the State of Colorado. Each such
assessment,
together with interest, costs, and reasonable attorney's fees,
shall also
be the personal obligation of the person who was the Owner of such
property
at the time when the assessment fell due. The personal obligation
for delinquent
assessments shall not pass to his successors in title unless
expressly
assumed by them.
Section 2. Purpose of Assessments. The assessments levied
by
the Association shall be used exclusively to promote the
recreation, health,
safety and welfare of the residents in the Property and for the
improvement
and maintenance of the platted private roads and the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of
the
year immediately following the conveyance of the first lot to an
owner,
the maximum annual assessment shall be One Hundred Twenty Dollars
($120.00)
per lot. From and after January 1 of the year immediately
following the
conveyance of the first lot and an owner, the annual assessment
shall be
set by the Board of Directors as provided herein in such amount as
is adequate
to maintain the roads and provide for such other needs of the
Association's
properties as determined by the Board of Directors.
Section 4. Special Assessments for Capital Improvements.
In addition
to the annual assessments authorized above, the Association may
levy, in
any assessment year, a special assessment applicable to that year
only
for the purpose of defraying, in whole or in part, the cost of any
construction,
reconstruction, repair or replacement of a capital improvement
upon the
Common Area, including fixtures and personal property related
thereto,
providedthat
any such assessment shall have the assent of two-thirds (2/3) of
the votes
of each class of members who are voting in person or by proxy at a
meeting
duly called for this purpose.
Section 5. Uniform Rate of Assessment. Both annual and
special
assessments must be fixed according to the acreage per lot or the
original
selling price or such other criteria as may be determined by the
Board
of Directors provided the system used is uniform and fair and
applies equally
to all private lots. All assessments may be collected on a monthly
basis.
Section 6. Date of Commencement of Annual Assessments: Due
Dates.
The Board of Directors shall fix the amount of the annual
assessment against
each lot at least thirty (30) days in advance of each annual
assessment
period. Written notice of the annual assessment shall be sent to
every
owner subject thereto. The due dates shall be established by the
Board
of Directors. The Association shall, upon demand, and for a
reasonable
charge, furnish a certificate signed by an officer of the
Association setting
forth whether the assessments on a specified lot have been paid. A
properly
executed certificate of the Association as to the status of
assessments
on a lot is binding upon the Association as of the date of its
issuance.
No lot may be assessed unless and until it is a part of a plat
properly
approved and recorded with the Summit County Clerk and Recorder.
Section 7. Effect of Nonpayment of Assessments: Remedies of
the Association.
Any assessment not paid within thirty (30) days after the due date
shall
bear interest from the due date at the rate of 18 percent per
annum. The
Association may bring an action at law against the owner
personally obligated
to pay the same, or foreclose the lien against the property. No
owner may
waive or otherwise escape liability for the assessments provided
for herein
by non-use of the Common Area or abandonment of his lot. In the
event an
action at law or foreclosure is necessary to collect the
assessment, the
Association may collect its costs of collection, including
reasonable attorney's
fees and court costs.
Section 8. Subordination of the Lien to Mortgages. The
lien of
he assessments provided for herein shall be subordinate to the
lien of
any first mortgage or first deed of trust. Sale or transfer of any
lot
shall not affect the assessment lien. However, the sale or
transfer of
any lot pursuant to mortgage foreclosure or any proceeding in lieu
thereof,
shall extinguish the lien of such assessments as to payments which
became
due prior to such a sale or transfer. No sale or transfer shall
relieve
such lot owner from liability for any assessments thereafter
becoming due
or from the lien thereof.
Section 9. Special Services District. Upon vote of
membership
of the Association, the Association may convey to a special
services district,
such as a water and sanitation district or a metropolitan services
district,
the responsibility for water and other utility services, road
construction
and maintenance and such recreational facilities and other
functions as
permitted by statute and approved by the board of directors of
said district.
ARTICLE VI - ARCHITECTURAL COMMITTEE
Section 1. Architectural Committee. The Architectural
Committee
shall mean three persons with specific experience in mountain home
planning
and building appointed by the Board of Directors of the
Association, a
Colorado corporation not for profit, as presently constituted and
shall
be constituted from duties, and responsibilities set out in this
instrument.
Section 2. Approval by Architectural Committee. No
improvements
of any kind, including but not limited to dwelling houses, barns,
stables,
out-buildings, swimming pools, tennis courts, ponds, access roads,
parking
areas, fences, walls, garages, drives, antennas, flagpoles, curbs
and walks,
shall be ever constructed or altered on any lands within the
subdivision,
nor may any vegetation be altered or destroyed nor any landscaping
performed
on any tract, unless the complete architectural plans for such
construction
or alteration or landscaping are approved in writing as to the
harmony
of external design and location in relation to topography, tree
cover and
buildings on surrounding lots, by the Architectural Committee
prior to
the commencement of such work.
All buildings must be located substantially within buildable
areas assigned
to each lot as shown on a development guide map provided for each
lot.
The Architectural Committee may establish guidelines and policies
for
specific design criteria from time to time as needed to insure the
architectural
integrity of the subdivision. In the even the Architectural
Committee fails
to take any action within 30 days after complete architectural
plans for
such work have been submitted to it, then all of such submitted
architectural
plans shall be deemed to be approved. In the event the
Architectural Committee
shall disapprove any architectural plans, the person or
association submitting
such architectural plans may appeal the matter to the next annual
or special
meeting of the members of the Association, where a vote of at
least two-thirds
of the votes entitled to be cast at said meeting shall be required
to change
the decision of the Architectural Committee.
Section 3. Variance. Where circumstances, such as
topography,
location of property lines, location of trees and brush, or other
matters
require, the Architectural Committee may recommend reasonable
variances
in writing as to any of the covenants contained in this
instrument, on
such terms and conditions as it shall determine to be appropriate,
to the
Board of Directors of the Association. If the Board of Directors
does not
disapprove the recommendation, in writing, within 30 days of
receipt of
same, it shall be deemed granted and approved by the Board of
Directors.
Section 4. General Requirements. The Architectural
Committee
shall exercise its best judgement to see that all improvements,
construction,
landscaping and alterations on the lands within the subdivision
conform
and harmonize with the natural surroundings and with existing
structures
as to external design, materials, color, siting, height,
topography, grade,
and finished ground elevation. The Architectural Committee shall
protect
the seclusion of each home site from other home sites insofar as
possible.
Section 5. Preliminary Approvals. Person or associations
who
anticipate construction improvements on lands within the
subdivision whether
they already own lands in The Ruby Ranch or are contemplating the
purchase
of such lands, may submit preliminary sketches of such
improvements to
the Architectural Committee for informal and preliminary approval
or disapproval,
but the Architectural Committee shall never be finally committed
or bound
by any preliminary or informal approval or disapproval until such
time
as complete architectural plans are submitted and approved or
disapproved.
Section 6. Architectural Plans. The Architectural
Committee shall
disapprove any architectural plans submitted to it which are not
sufficient
for it to exercise the judgment required of it by these covenants.
Section 7. Architectural Committee Not Liable. The
Architectural
Committee shall not be liable in damages to any person or
association submitting
any architectural plans for approval, or to any owner or owners of
land
within The Ruby Ranch, by reason of any action, failure to act,
approval,
disapproval, or failure to approve or disapprove, with regard to
such architectural
plans. Any person or association acquiring title to any property
in the
subdivision, or any person or association submitting plans to the
Architectural
Committee for approval, by so doing does agree and covenant that
he or
it will not bring any action or suit to recover damages against
the Architectural
Committee, its members as individuals, or its advisors, employees,
or agents.
Section 8. Written Records. The Architectural Committee
shall
keep and safeguard for at least five years complete permanent
written records
of all applications for approval submitted to it (including one
set of
all architectural plans so submitted) and of all actions of
approval or
disapproval and all other actions taken by it under the provisions
of this
instrument.
ARTICLE VII - GENERAL RESTRICTIONS on ALL TRACTS
Section 1. Zoning Regulations. No lands within the
subdivision
shall ever be occupied or used for any structure or purpose or in
any manner
which is contrary to either the zoning regulations of Summit
County, Colorado,
or the approved Master Plan for The Ruby Ranch.
Section 2. No Mining, Drilling or Quarrying. No mining,
quarrying,
tunneling, excavating, or drilling for any substances within the
earth,
including oil, gas, minerals, gravel, sand, rock and earth, shall
ever
be permitted within the limits of the subdivision, except for
drilling
for water for domestic use when such drilling is done by a duly
constituted
water and sanitation or metropolitan services district.
Section 3. Home Office/Business. Individual lots within
the subdivision
may be used for a home office/business which is defined as a
commercial
enterprise conducted by a person in his residence. No other
commercial
enterprise or business shall be allowed. In order for a commercial
activity
to be considered as a home office/business within the meaning of
this section,
the following criteria shall be met:
(a) The activity shall be located on the same lot as the residence of the person conducting the home office/business, and the activity shall be entirely contained within the person's residence. The location of the home office/business shall not interfere with the provision of required parking spaces.Section 4. Signs. No advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any lot or tract in the subdivision with the exception of one "availability" (for sale or rent) shall be allowed. (See Sections 3 and 4.1)
(b) The activity is carried on by the person(s) who reside(s) at this location
(c) The activity is incidental and secondary to the use of the property for residential purposes. The amount of space used for the activity does not exceed 20% of the total building square footage contained on the property or 1000 square feet, whichever is less.
(d) The activity does not result in any objectionable noise, fumes, dust or electrical disturbance, nor does it increase traffic volumes or the amount of parking in the immediate neighborhood.
(e) The activity does not include any window or outdoor display of goods, stock in trade, or other commodities, and does not include any retail sales on the premises. A dwelling unit where a home office/business is located shall not be used as a point for customer visits, pick-ups or deliveries. The outdoor storage of goods, stock in trade and other commodities shall be prohibited.
(f) In no event shall any sign advertising the office/business be allowed.
(g) Prior to opening the home office/business, the person desiring to open the home office/business shall have notified the Association and requested approval of the home office/business. The home office/business may not be conducted without the approval of the Board of Directors of the Association. The Board of Directors of the Association has the authority to determine whether or not a particular enterprise qualifies as a home office/business and meets the requirements of these covenants.
(h) Certain businesses and commercial enterprises are specifically excluded from the criteria for a home office/business. The specific businesses which shall be excluded are by way of illustration, but not limitation: no store of any kind, no hospital, sanatorium, or other place for the care of treatment of the sick or disabled, physically or mentally; nor any public theater, bar, restaurant, or other public place of entertainment; nor any church; no children's daycare, or any residential building housing more than two families shall ever be construed, opened, or permitted to remain within the subdivision.
Section 4.1 Driveway Signs. Each lot owner will be
required to
install a standard uniform sign post in a style which has been
approved
by the Architectural Review Committee at the driveway access to
every residence.
The cost for the uniform post and sign shall be assessed at the
time of
approval of the site plan. Installation shall be the
responsibility of
the owner and shall be subject to the inspection and approval of
the Architectural
Review Committee. Each sign and post shall contain a metal plate
and reflective
numerals showing the address assigned by Summit County. In the
event the
owner wishes to sell or rent, an "availability" sign may be
installed to
hang on the uniform post. Such signs will conform to the size and
criteria
set by the Architectural Review Committee. Any availability signs
shall
be paid for by the owner prior to installation and may utilize the
listing
company's logo and name. Owners may use additional signage to
designate
their residence so long as the proposed additional signage is
approved
by the Architectural Review Committee. It shall be the owner's
responsibility
to keep the post and signage in good repair. Signs may be removed
by an
agent of the Architectural Review Committee for reason of
disrepair or
outdated listings.
Section 5. Domestic Pets. No animal shall be kept on any
lands
in the subdivision except ordinary household pets and horses (see
Article
VII, Section 6, below) belonging to the household. No more than
two dogs
and two cats per unit may be kept on any residential lot. Owners
shall
not allow their dogs and/or cats to disturb the peace and quite of
any
neighbor by barking, fighting, howling, crying or by emitting any
other
similar sound. All dogs and cats must be under direct control of
their
owners at all times and must not be allowed to roam off the
owner's residential
lot. All dogs and cats and other household pets shall be subject
to all
control provisions for such animals as enacted by Summit County
from time
to time and enforced by it. Owners may construct dog runs using
chain link
fence material, so long as the chain link fence is screed with
natural
materials and is not visible from the road or the neighboring
lots. Placement
of the dog run and materials used to construct and/or screen the
dog run
must be approved by the Architectural Review Committee prior to
construction.
Section 6. Horses. The number of horses allowed on any
residential
lot shall not exceed four (4) and must be owned or leased by the
lot owner
or other members of the lot owner's household. The Board of
Directors of
the Association may approve additional horses upon request from a
lot owner
only if all adjoining lot owners affirmatively agree to permit the
additional
horses. Owners must provide supplementary feed so that meadows on
residential
lots will not be overgrazed. Horses must be kept within a
permanent enclosed
area which must be kept clean, sanitary, and reasonably free of
refuse,
insects, and waste at all times The design and location of the
enclosed
area must be approved by the Architectural Review Committee prior
to construction.
Any owner who desires to pasture horses on their lot outside of
the permanent
enclosed area must present a grazing plan that must be approved by
the
Architectural Review Committee prior to implementation. Grazing
plan approval
will be required on an annual basis in order to ensure
compatibility with
irrigation procedures and future construction on adjacent
property. Every
owner who desires to graze horses outside of te permanent enclosed
area
is required to prevent a condition of over grazing of the meadows
on his
lot. I the event any area become denuded as a result of
overgrazing, said
owner shall be required to reseed that area to bring the ground
cover back
to a natural condition such as existed prior to the overgrazing.
Failure
to reestablish ground cover can result in the withdrawal by the
Association
of the right to maintain horses on a lot.
Section 7. Hay Meadows. The Declarant initially and,
after assignment,
the Association, owns all of the hay in the irrigated hay meadows
of the
subdivision, whether platted in open tracts, access easements or
private
lots. It is the responsibility of the Association to provide for
the irrigation
of the meadows, and fertilization, cutting and harvesting of the
hay each
season. The hay harvest yield, after any share provided to those
who irrigate
and cut and otherwise harvest the hay, shall be sold first to the
owners
of property in The Ruby Ranch and then to others at a price and at
such
timing priority as determined by the Board of Directors of the
Association.
No horses shall be allowed to graze or roam unrestricted in the
irrigated
meadows in the open area tracts or other open areas unless
specifically
authorized by the Board of Directors.
Section 8. Fences. All fences on any residential lot
shall be
constructed of wood or poles and of a design and in a location
approved
by the Architectural Committee. No fences except single strand
non-barbed
wire electric fences are permitted in the irrigated meadows. Any
such electric
fence must be removed by June 1 of each year to facilitate
irrigation and
harvesting of the hay and may be re-installed after the hay is cut
and
removed from the meadows. No fence may be constructed where it
will limit
access to or from any easement for ditches, utilities, green
belts, open
meadows or access to National Forest lands.
Section 9. Hunting and Firearms. No hunting or discharge
of firearms
shall be permitted anywhere within The Ruby Ranch subdivision.
Section 10. Forestry Maintenance. The Declarant or the
Association
shall have the right to enter upon any residential lot or tract to
remove
any dead or dying trees or other forest growth which may endanger
other
forest trees or growth because of disease, insect infestation, or
other
such causes. The cost of such treatment or removal shall be the
obligation
of the owner of the residential lot or tract where the subject
trees or
forest material is located.
Section 11. No Resubdivision. After June 1, 2000,
no lot
described on the recorded plat of the subdivision shall ever be
resubdivided
into smaller tracts or lots nor conveyed nor encumbered in any
less than
the full original dimensions as shown on said recorded plat.
Section 12. Combining Lots. If two or more contiguous
residential
lots are owned by the same owner or owners, they may be combined
into
one or more larger residential lots by means of a written document
executed
and acknowledged by all of the owners thereof, approved by the
Architectural
Committee, and recorded in the real property records of Summit
County,
Colorado. Any vacation of lot lines or easements is subject to the
approval
by the Summit County Board of Commissioners.
Section 13. Service Yards and Trash. All cloth lines,
equipment,
service yards, woodpiles or storage piles on any lot or tract in
the subdivision
shall be kept screened by adequate planting or fencing so as to
conceal
them from view of neighboring lots or tracts and streets and
access roads.
All abandoned vehicles, rubbish and trash shall be removed from
all lots
and tracts in the subdivision, shall not be allowed to accumulate
and shall
not be burned thereon. No trailer automobile or other vehicle or
boat shall
be constructed, reconstructed, or repaired upon any private area
in such
a manner than such construction, reconstruction or repair is
visible from
neighboring property or roads.
Section 14. Underground Utility Lines. All utility lines
within
the limits of the subdivision must be buried underground and may
not be
carried on overhead poles nor above the surface of the ground.
Such lines
include, but are not limited to, water, gas, electric, telephone,
intercoms
and television.
Section 15. Reseed Disturbed Surface Area. All natural
surface
areas disturbed for road or building construction shall be
resurfaced with
natural topsoil and reseeded or treed to is natural condition,
consistent
with the improvement constructed, as soon after construction as
possible
and in no case longer than 12 months after the completion of the
construction.
Section 16. No Recreational Vehicles. No motorized
recreational
vehicles such as trail bikes or snowmobiles or unlicensed
motorcycles or
all-terrain vehicles shall be operated o any roads, private lots
or common
area tracts anywhere within the subdivision unless specifically
authorized
by the Board of Directors of the Association at a meeting open to
all members
preceded by notice of the intent to consider waiver of the
prohibition.
Section 17. Rental. Owners shall have the right to
periodically
rent their residence so long as the rental activity does not
result in
any objectionable noise, fumes, dust, or electrical disturbance,
nor does
it increase traffic volumes or amount of parking within the
property and
so long as such rental conforms with the single-family residential
character
of the subdivision.
ARTICLE VIII - RESTRICTIONS on RESIDENTIAL LOTS
Section 1. Number and Location of Buildings. No buildings
or
structures shall be placed, erected, altered, or permitted to
remain on
any residential lot other than:
(1) One detached single-family dwelling house containing a minimum of 2000 sq. ft. of finished living area and one smaller apartment-type residential unit not to exceed 1000 sq. ft. of finished living area as an integral part of the dwelling house or of the garage; andNo dwelling house or other structure shall be placed, erected, altered, or permitted to remain on any residential lot at any site or location other than substantially that indicated on the development guide of the subdivision.
(2) One attached or detached garage per unit; and
(3) One barn or stable or other non-residential out-building.
Section 2. Dwelling House to be Constructed First. No
garage,
barn, stable, or other out-building shall be constructed on any
residential
lot until after commencement of construction of the dwelling house
on the
same residential lot. All construction and alteration work shall
be pursued
diligently and each building, structure, or improvement which is
commenced
on any residential lot shall be entirely completed within 18
months after
commencement of construction.
Section 3. Towers and Antennas. No towers or radio or
televison
antennas higher than three feet above the highest roof line of the
dwelling
house shall be erected on any residential lot, and all such towers
and
antennas must be structurally attached to the dwelling unit. All
such towers
or antennas must be submitted for approval by the Architectural
Committee
pursuant to Article VI of these covenants.
Section 4. Trees and Landscaping. No tress or brush
growing on
any residential lot shall be felled or trimmed nor shall nay
natural areas
be cleared, or formal lawn areas constructed, or landscaping
performed
on nay residential lot without the prior written permission of the
Architectural
Committee.
Section 5. Tanks. No elevated tanks of any kind shall be
erected,
placed, or permitted upon nay residential lot. Any tank used in
connection
with any dwelling unit or other structure on any residential lot,
including
tanks for storage of gas, fuel oil, gasoline, oil, or water shall
be buried
or if located above ground the location and screening shall be as
determined
by the Architectural Committee.
Section 6. Used or Temporary Structure. No used or
previously
erected or temporary house, structure, house trailer, or
non-permanent
out-building shall ever be placed, erected, or allowed to remain
on any
residential lot, except during construction periods, and no
dwelling unit
shall be occupied in any manner prior to its completion. Pickup
campers,
camping trailers, recreational vehicles and any other such
equipment may
be stored on private property provided it is thoroughly screened
from view
from the road and adjoining residential lots and common area
tracts.
Section 7. Exterior Lighting. All exterior lights and
light standards
on residential lots shall be approved by the Architectural
Committee for
harmonious development and the prevention of lighting nuisances to
other
lands in the subdivision.
Section 8. Off-Street Parking. No dwelling unit shall be
constructed
on any residential lot unless there is concurrently constructed on
the
same lot adequate off-street parking area for at least four
automobiles
per residential unit.
Section 9. Garbage Disposal and Sanitary Systems. Each
dwelling
unit or other structure containing a kitchen constructed on any
residential
lot in the subdivision shall be equipped with a garbage grinder or
garbage
disposal unit of a type approved by the Architectural Committee.
No sewerage
disposal system, sanitary system, cesspool, or septic tank shall
be constructed,
altered, or allowed to remain or be used on any lot or tract
unless fully
approved as to design, capacity, location, and construction by all
proper
public health agencies of the State of Colorado and the County of
Summit,
and by the Architectural Committee.
ARTICLE IX - RESTRICTIONS on COMMON TRACTS
Section 1. Improvements. No improvements of any kind or
nature
shall be constructed, altered, or allowed to remain on any common
tract
except private roads giving access to other lots and tracts in the
subdivision,
noncommercial stables or barns, training tracks, jumping courses,
polo
fields, meadows, clubhouses, swimming pools, tennis courts, golf
courses,
lakes and ponds, recreational facilities, bridle paths or similar
improvements
for the benefit of or use of all the member of the Association.
All such
improvements shall be approved by the Architectural Committee as
elsewhere
provided, and shall conform and harmonize in appearance, siting,
and cost
with existing structures on and the overall development plans for
the subdivision.
ARTICLE X - EASEMENTS RESERVED
Section 1. Utility Easements Reserved. Declarant hereby
reserves
to itself, its successors and assigns, perpetual easements ten
feet in
width on each side of the boundary line along the entire perimeter
of each
lot and tract described on the recorded plats of The Ruby Ranch
subdivision,
for the purpose of constructing, maintaining, operating,
replacing, enlarging,
and repairing electric, telephone, television, water, irrigation,
sewer,
gas and similar utility lines, including all pipes, wires,
ditches, conduits,
culverts, walking trails and riding trails.
Section 2. Irrigation Easements and Rights Reserved.
Declarant
hereby reserves to itself, its successors and assigns, until
assigned to
the Association, perpetual easements 20 feet in width across all
of the
lands in the subdivision centered along the line of all irrigation
ditches
and laterals presently in existence or hereafter constructed with
the consent
of the owners of the lands across which constructed, for the
purpose of
construction, maintaining, and operating irrigation ditches and
laterals
for the proper irrigation of all meadow lands in the subdivision
located
on any lots and tracts therein and covenants that it shall
maintain and
operate said ditches for proper irrigation of all meadow lands.
Declarant
similarly reserves to itself, its successors and assigns, the
right to,
and covenants that it will, irrigate all such meadow lands at all
reasonable
times, and to go on all lots and tracts in the subdivision for the
purpose
of irrigating such meadow lands so as to preserve and maintain
their natural
beauty.
Section 3. Easements for Private Roads. Declarant hereby
reserves
to itself, its successors and assigns, perpetual easements across
all common
areas in the subdivision for private roads giving access to the
residential
lots in the subdivision; provided that no such private road shall
ever
be constructed or used without the prior written permission of the
Architectural
Committee.
Section 4. High Pressure Gas Easement. An easement
varying in
width from 25 to 50 feet dated February 2, 1971, exists on
residential
lots 5, 11, 12, 13 and 14, and open space Tract B in Filing 1 of
The Ruby
Ranch as shown on the recorded plat thereof. The Western Slope Gas
Company
has constructed a high pressure natural gas transmission line in
this easement
and a license agreement exists with said Gas Company. No fences
may be
built anywhere within this easement. Contractors and owners of the
subject
lots should contact the local office of Western Slope Gas Company.
ARTICLE XI - ENFORCEMENT
Section 1. Enforcement Actions. The Association, the
Architectural
Committee, or any owner shall have the right to prosecute any
action to
enforce the provisions of all of these covenants by injunctive
relief,
on behalf of itself and all of part of the owners of lands within
the subdivision.
They shall have the right to enforce all restrictions, conditions,
covenants,
reservations, liens and charges now or hereafter imposed by the
provisions
of this Declaration, except as provided in Article XII, Section 1.
Failure
by the Association, the Architectural Committee, or any owner to
enforce
any covenant or restriction herein contained shall in no event be
deemed
a waiver of the right to do so thereafter.
ARTICLE XII - GENERAL PROVISIONS
Section 1. Limitations on Actions. In the event any
construction
or alteration or landscaping work is commenced upon any of the
lands in
the subdivision in violation of these covenants and no action is
commenced
within 60 days thereafter to restrain such violation, then
injunctive or
equitable relief shall be denied, but an action for damages shall
still
be available to any party aggrieved. Said 60-day limitation shall
not apply
to injunctive or equitable relief against other violations of
these covenants.
Section 2. Severability. Invalidation of any one of these
covenant
provisions or restrictions by judgement or court order shall in no
way
affect any other provisions, which shall remain in full force and
effect.
Section 3. Term and Binding Effect. The covenants and
restrictions
of this Declaration shall run with and bind the land, for a term
of twenty
(20) years from the date of this Declaration is recorded, after
which time
they shall be automatically extended for successive periods of ten
(10)
years. They shall be a burden on the title to all of the lands in
the subdivision,
and the benefits thereof shall insure to the owners, heirs,
successors,
or assigns of all of the lands in the subdivision, and the
benefits and
burdens of all said covenants shall run with the title to all of
the lands
within the subdivision.
Section 4. Amendment. The Declaration may be amended
during the
first twenty (20) year period by an instrument signed by the
owners of
not less than ninety percent (90%) of the lots, and thereafter by
an instrument
signed by the owners of not less than seventy-five percent (75%)
of the
lots. Any amendment must be recorded.
Section 4.1. Execution and Counterparts. Each owner may
sign
Amendment documents in counterparts and it is understood and
agreed that
each such signature and notary acknowledgment of owners will be
attached
to the original amendment documents for recording.
Section 5. Additional Land. Additional adjacent land
shown as
Filing 3 on the Master Plan approved by the Board of County
Commissioners
on My 5, 1979, and an enclave of approximately 18 acres located
near the
northeast portion of the master-planned area may be annexed as
additional
filings by the Declarant without the consent of members within ten
years
of the date of this instrument. It is anticipated that the
developer will
proceed with at least subsequent Filing 3 of the Master Plan as
approved
by the Board of County Commissioners, bu the developer is not
bound to
proceed with proposed additions. Residential lots in the proposed
additions,
if made, will be become subject to their just share of Association
expenses.
Section 6. Paragraph Headings. The paragraph headings in
this
instrument are for the convenience only and shall not be construed
to be
a part of the covenants contained herein.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein,
has
hereunto set its hand and seal this 28th day of
December,
1989.
Attest:
Carolyn V. Baker - Secretary
J.M. Lacy - President
The Shirley Company, a Colorado Corporation - Declarant
Julia K. Smith - Secretary
E. Neal Smith - President
EXHIBIT A
LEGAL DESCRIPTION OF FILING 1 SUBDIVISION,
THE RUBY RANCH
Know all men by these presents that JMC Co., as owner of the land
described
as follows: That tract of land being a portion of the S½ of
Section
2 and the N½ of the N¼ of Section 11, T5S, R78W of the 6th
P.M. Summit County, Colorado, being more particularly described as
follows:
Beginning at the northeast corner of the SE quarter of said Section 2; thence N89 degrees 39 minutes 13 seconds W along the north line of said southeast quarter a distance of 1103.55 feet; thence S62 degrees 51 minutes 46 seconds W a distance of 240.16 feet; thence 367.62 feet along the arc of a curve to the left having a central angle of 29 degrees 03 minutes 10 seconds and a radius of 725 feet; thence S33 degrees 48 minutes 36 seconds W a distance of 71.10 feet; thence 236.09 feet along the arc of a curve to the right having a central angle of 60 degrees 07 minutes 13 seconds and a radius of 225.00 feet; thence N86 degrees 04 minutes 11 seconds W a distance of 344.53 feet; thence 326.56 feet along the arc of a curve to the left having a central angle of 61 degrees 43 minutes 18 seconds and a radius of 305.00 feet; thence S32 degrees 12 minutes 31 seconds W a distance of 155.36 feet; thence 195.68 feet along the arc of a curve to the left having a central angle of 17 degrees 56 minutes 20 seconds and a radius of 625.00 feet; thence 24.17 feet along the arc of a curve to the left having a central angle of 06 degrees 54 minutes 00 seconds and a radius of 200.68 feet; thence S48 degrees 55 minutes 47 seconds W a distance of 564.64 feet to a point on the north line of the southeast ¼ of the southwest ¼ of said Section 2; thence N88 degrees 00 minutes 17 seconds W a distance of 1017.78 feet to the northwest corner of said southeast quarter of the southwest ¼; thence S01 degrees 02 minutes 46 seconds E a distance of 1316.64 feet to the southwest corner of said SE ¼ of the SW ¼; thence S89 degrees 53 minutes 21 seconds E along the south line of said Section 2 and the north line of said Section 11 a distance of 1371.16 feet to the northwest corner of the north ½ of the NE ¼ of said Section 11; thence S00 degrees 06 minutes 57 seconds E a distance of 1318.90 feet to the southwest corner of said north ½ of the NE ¼; thence S89 degrees 58 minutes 02 seconds E a distance of 2735.62 feet to the southeast corner of said N ½ of the NE ¼ ; thence N00 degrees 03 minutes 00 seconds W a distance of 1324.04 feet to the section corner common to the sections 1, 2, 11 and12; thence N01 degrees 33 minutes 44 seconds W along the east line of the SE ¼ of said Section 2 a distance of 2609.17 feet to the point of beginning: EXCEPTING there from that portion of the Willow Creek Placer M.S. No. 1259 lying in the SE ¼ of Section 2, T5S, R78W of the 6th P.M., Summit County, Colorado. Being more particularly described as follows: Commencing at the northeast corner of said SE ¼ thence S01 degrees 33 minutes 44 seconds E along the east line of said SE ¼ a distance of 1136.49 feet to a point on the 2-3 line of said M.S. No. 1259 , said point also being a corner on the west line of that tract of land as described in Book 201 at page 200 in the office of the Summit County Clerk and Recorder, said point also being the true point of beginning; thence N16 degrees 54 minutes 44 seconds W along said 2-3 line a distance of 587.37 feet to corner No. 3 minutes thence N73 degrees 17 minutes 16 seconds E along the 3-4 line of said M.S. No. 1259 a distance of 161.09 feet to said east line of the SE ¼; thence S01 degrees 33 minutes 44 seconds E along said east line a distance of 608.54 feet to the true point of beginning containing 2271.170 acres more or less.
NOTICE OF ADDITION OF LAND
PURSUANT to Article XII of Section 5 of the Declaration of
Covenants,
Conditions and Restrictions for the Ruby Ranch Subdivision
(hereinafter
referred to as "The Covenants") recorded under Reception No.
197479 in
the Summit County records, JMC Co. and The Shirley Company,
hereinafter
referred to as "Declarant", hereby gives notice of annexation of
additional
land known as The Ruby Ranch - Filing No. 2.
DECLARANT hereby declares that all of Filing No. 2 shall be held,
sold
and conveyed subject to The Covenants, which are for the purpose
of protecting
the value and desirability of, and which shall run with the real
property
and be binding on all parties having any right, title or interest
in the
described properties or any part thereof, their heirs, successors
and assigns,
and shall inure to the benefit of each owner thereof.
IN WITNESS WHEREOF, the undersigned being the Declarant herein,
has
hereunto set its hand and seal this 20th day of May,
1981.
JMC Co. a Colorado corporation
J.M. Lacy - President
The Shirley Company, a Colorado corporation
E. Neal Smith - President
Notarized by
Carolyn Baker on May 20, 1981