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
the Shirley Company, hereinafter referred to as "Declarant".
WHEREAS, Declarant is the owner of certain property in the County
Summit, State of Colorado, which is more particularly described
Ruby Ranch Filings Number 1 and 2. Such property shall hereafter
to as "The Ruby Ranch".
NOW THEREFORE, Declarant hereby declares that all of the property
above shall be held, sold and conveyed subject to the following
restrictions, covenants, and conditions, which are for the purpose
the value and desirability of, and which shall run with the real
and be binding on all parties having any right, title or interest
described properties or any part thereof, their heirs, successors
and shall inure to the benefit of each owner thereof.
ARTICLE 1 - PURPOSE OF COVENANTS
Section 1. General Requirements. It is the intention of
expressed by its execution of this instrument, that the lands
subdivision be developed and maintained as a highly desirable
area. It is the purpose of these covenants that the present
the natural growth and native setting and surroundings of the
shall always be protected insofar as it is possible in connection
the uses and structures permitted by this instrument. It is of
intent that the seclusion of each home site in the subdivision
home sites shall be protected insofar as is possible.
ARTICLE II - DEFINITIONS
"Association" shall mean and refer to the Ruby Ranch
its successors and assigns.
"Owner" shall mean and refer to the record owner, whether
or more persons or entities, of a fee simple title to any Lot
a part of the Property, including contract sellers, but excluding
having such interest merely as security for the performance of an
"Property" initially shall mean and refer to Filings 1 and
of The Ruby Ranch, Summit County, Colorado, and shall mean, refer
include any additional filings of The Ruby Ranch as may be annexed
to Article XII, Section 5 hereof, and such additions thereto as
be brought within the jurisdiction of the Association.
"Common Area" shall mean all real property, except roads
the improvements thereto) owned by the Association for the common
enjoyment of the owners. Tracts "A" through "U" shall be conveyed
Association at such time as a minimum of 75% of the lots in the
have been sold.
"Lot" shall mean and refer to any plot of land shown upon
recorded subdivision map of the Property with the exception of the
"Declarant" shall mean and refer to JMC Co and the Shirley
their successors and assigns.
ARTICLE III - PROPERTY RIGHTS
Section 1. Platted Roads are Private. All platted roads
subdivision are owned by the Association and are private roads for
to all lots within the subdivision by owners and their guests and
vehicles of public agencies. All costs of construction shall be
the Declarant so long as a Class B membership exists and all
including snowplowing shall be performed by the Willow Brook
District. No costs of road maintenance shall be borne by Summit
The only exceptions to the above are those portions of Willowbrook
and North Ruby Road (extended) that may, in the future, provide
access to abutting National Forest lands.
Section 2. Owners' Easements of Enjoyment. Every owner
have a right and easement of enjoyment in and to the Common Area
which shall be appurtenant to and shall pass with the title to
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
in the Willowbrook Meadows Subdivision and the Stockponds
a 67.4-acre tract annexed to the Town of Silverthorne by whatever
it becomes known as, and owners of The Ruby Ranch subdivision
an access easement into the area known as the Stockponds West, a
tract north of The Ruby Ranch as provided and limited by the
granted and recorded by JMC Co. Said access for the Willowbrook
Subdivision and the Stockponds Subdivision shall be along routes
designated and marked by JMC Co from those subdivisions. Owners of
in The Ruby Ranch subdivision shall have access to this easement
way of a trail located in Tract R. The owners of lots 42R, 46, 47,
52, Filing 2, shall also have access to the Stockponds Open
any point along the contiguous property line with said easement on
northerly boundary of said lots. Said access for owners of
any of the three subdivisions shall be limited to pedestrian
and specifically excludes any motorized or other vehicles (such as
bikes) of any type. Horses may be permitted only on a specific
for such use and only if signs designating such horse route are
by JMC Co or its successor. Dogs may be permitted only if they are
leash no longer than six (6) feet. Guests of owners of any of the
subdivisions shall be permitted only if accompanied by a member of
immediate family of an owner in one of the subdivisions and may be
to produce reasonable evidence of such ownership. Any owner who
cooperate with the limitations and identification procedures may
access to said easement. The Association for each subdivision, or
similar entity designated for the Stockponds Subdivision, shall
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.
to the conveyance of any lot in the subdivision the Association
formed as a Colorado corporation not for profit, as provided by
of the State of Colorado. Articles of Incorporation are recorded
records of Summit County, Colorado, are presently in effect, and
be filed with the Secretary of State. They may be amended from
time and such amendments shall be recorded in Summit County,
A Board of Directors shall be established in accordance with the
and the Association shall establish by-laws for each separate
Section 2. Membership in the Association. Every owner of
which is subject to assessment shall be a member of the
shall be appurtenant to and may not be separated from ownership of
lot which is subject to assessment. The owners of separate tracts
attached or detached residential units shall each be considered
of the Association and subject to full assessment for each
Section 3. Voting Rights of Members of the Association .
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
The Declarant, for each lot owned within the Property, hereby
and each owner of any lot by acceptance of a deed therefor,
not it shall be so expressed in such deed, is deemed to covenant
to pay to the Association: (1) annual assessments or charges, and
assessments for the capital improvements, such assessments to be
and collected as hereinafter provided. The annual and special
together with interest, costs and reasonable attorney's fees,
a charge on the land and shall be a continuing lien upon the
which each such assessment is made. Such lien may be foreclosed in
manner provided for foreclosure of mortgages on real estate by the
and court rules then in effect in the State of Colorado. Each such
together with interest, costs, and reasonable attorney's fees,
be the personal obligation of the person who was the Owner of such
at the time when the assessment fell due. The personal obligation
assessments shall not pass to his successors in title unless
assumed by them.
Section 2. Purpose of Assessments. The assessments levied
the Association shall be used exclusively to promote the
safety and welfare of the residents in the Property and for the
and maintenance of the platted private roads and the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of
year immediately following the conveyance of the first lot to an
the maximum annual assessment shall be One Hundred Twenty Dollars
per lot. From and after January 1 of the year immediately
conveyance of the first lot and an owner, the annual assessment
set by the Board of Directors as provided herein in such amount as
to maintain the roads and provide for such other needs of the
properties as determined by the Board of Directors.
Section 4. Special Assessments for Capital Improvements.
to the annual assessments authorized above, the Association may
any assessment year, a special assessment applicable to that year
for the purpose of defraying, in whole or in part, the cost of any
reconstruction, repair or replacement of a capital improvement
Common Area, including fixtures and personal property related
any such assessment shall have the assent of two-thirds (2/3) of
of each class of members who are voting in person or by proxy at a
duly called for this purpose.
Section 5. Uniform Rate of Assessment. Both annual and
assessments must be fixed according to the acreage per lot or the
selling price or such other criteria as may be determined by the
of Directors provided the system used is uniform and fair and
to all private lots. All assessments may be collected on a monthly
Section 6. Date of Commencement of Annual Assessments: Due
The Board of Directors shall fix the amount of the annual
each lot at least thirty (30) days in advance of each annual
period. Written notice of the annual assessment shall be sent to
owner subject thereto. The due dates shall be established by the
of Directors. The Association shall, upon demand, and for a
charge, furnish a certificate signed by an officer of the
forth whether the assessments on a specified lot have been paid. A
executed certificate of the Association as to the status of
on a lot is binding upon the Association as of the date of its
No lot may be assessed unless and until it is a part of a plat
approved and recorded with the Summit County Clerk and Recorder.
Section 7. Effect of Nonpayment of Assessments: Remedies of
Any assessment not paid within thirty (30) days after the due date
bear interest from the due date at the rate of 18 percent per
Association may bring an action at law against the owner
to pay the same, or foreclose the lien against the property. No
waive or otherwise escape liability for the assessments provided
by non-use of the Common Area or abandonment of his lot. In the
action at law or foreclosure is necessary to collect the
Association may collect its costs of collection, including
fees and court costs.
Section 8. Subordination of the Lien to Mortgages. The
he assessments provided for herein shall be subordinate to the
any first mortgage or first deed of trust. Sale or transfer of any
shall not affect the assessment lien. However, the sale or
any lot pursuant to mortgage foreclosure or any proceeding in lieu
shall extinguish the lien of such assessments as to payments which
due prior to such a sale or transfer. No sale or transfer shall
such lot owner from liability for any assessments thereafter
or from the lien thereof.
Section 9. Special Services District. Upon vote of
of the Association, the Association may convey to a special
such as a water and sanitation district or a metropolitan services
the responsibility for water and other utility services, road
and maintenance and such recreational facilities and other
permitted by statute and approved by the board of directors of
ARTICLE VI - ARCHITECTURAL COMMITTEE
Section 1. Architectural Committee. The Architectural
shall mean three persons with specific experience in mountain home
and building appointed by the Board of Directors of the
Colorado corporation not for profit, as presently constituted and
be constituted from duties, and responsibilities set out in this
Section 2. Approval by Architectural Committee. No
of any kind, including but not limited to dwelling houses, barns,
out-buildings, swimming pools, tennis courts, ponds, access roads,
areas, fences, walls, garages, drives, antennas, flagpoles, curbs
shall be ever constructed or altered on any lands within the
nor may any vegetation be altered or destroyed nor any landscaping
on any tract, unless the complete architectural plans for such
or alteration or landscaping are approved in writing as to the
of external design and location in relation to topography, tree
buildings on surrounding lots, by the Architectural Committee
the commencement of such work.
All buildings must be located substantially within buildable
to each lot as shown on a development guide map provided for each
The Architectural Committee may establish guidelines and policies
specific design criteria from time to time as needed to insure the
integrity of the subdivision. In the even the Architectural
to take any action within 30 days after complete architectural
such work have been submitted to it, then all of such submitted
plans shall be deemed to be approved. In the event the
shall disapprove any architectural plans, the person or
such architectural plans may appeal the matter to the next annual
meeting of the members of the Association, where a vote of at
of the votes entitled to be cast at said meeting shall be required
the decision of the Architectural Committee.
Section 3. Variance. Where circumstances, such as
location of property lines, location of trees and brush, or other
require, the Architectural Committee may recommend reasonable
in writing as to any of the covenants contained in this
such terms and conditions as it shall determine to be appropriate,
Board of Directors of the Association. If the Board of Directors
disapprove the recommendation, in writing, within 30 days of
same, it shall be deemed granted and approved by the Board of
Section 4. General Requirements. The Architectural
shall exercise its best judgement to see that all improvements,
landscaping and alterations on the lands within the subdivision
and harmonize with the natural surroundings and with existing
as to external design, materials, color, siting, height,
and finished ground elevation. The Architectural Committee shall
the seclusion of each home site from other home sites insofar as
Section 5. Preliminary Approvals. Person or associations
anticipate construction improvements on lands within the
they already own lands in The Ruby Ranch or are contemplating the
of such lands, may submit preliminary sketches of such
the Architectural Committee for informal and preliminary approval
but the Architectural Committee shall never be finally committed
by any preliminary or informal approval or disapproval until such
as complete architectural plans are submitted and approved or
Section 6. Architectural Plans. The Architectural
disapprove any architectural plans submitted to it which are not
for it to exercise the judgment required of it by these covenants.
Section 7. Architectural Committee Not Liable. The
Committee shall not be liable in damages to any person or
any architectural plans for approval, or to any owner or owners of
within The Ruby Ranch, by reason of any action, failure to act,
disapproval, or failure to approve or disapprove, with regard to
plans. Any person or association acquiring title to any property
subdivision, or any person or association submitting plans to the
Committee for approval, by so doing does agree and covenant that
it will not bring any action or suit to recover damages against
Committee, its members as individuals, or its advisors, employees,
Section 8. Written Records. The Architectural Committee
keep and safeguard for at least five years complete permanent
of all applications for approval submitted to it (including one
all architectural plans so submitted) and of all actions of
disapproval and all other actions taken by it under the provisions
ARTICLE VII - GENERAL RESTRICTIONS on ALL TRACTS
Section 1. Zoning Regulations. No lands within the
shall ever be occupied or used for any structure or purpose or in
which is contrary to either the zoning regulations of Summit
or the approved Master Plan for The Ruby Ranch.
Section 2. No Mining, Drilling or Quarrying. No mining,
tunneling, excavating, or drilling for any substances within the
including oil, gas, minerals, gravel, sand, rock and earth, shall
be permitted within the limits of the subdivision, except for
for water for domestic use when such drilling is done by a duly
water and sanitation or metropolitan services district.
Section 3. Home Office/Business. Individual lots within
may be used for a home office/business which is defined as a
enterprise conducted by a person in his residence. No other
enterprise or business shall be allowed. In order for a commercial
to be considered as a home office/business within the meaning of
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
install a standard uniform sign post in a style which has been
by the Architectural Review Committee at the driveway access to
The cost for the uniform post and sign shall be assessed at the
approval of the site plan. Installation shall be the
the owner and shall be subject to the inspection and approval of
Review Committee. Each sign and post shall contain a metal plate
numerals showing the address assigned by Summit County. In the
owner wishes to sell or rent, an "availability" sign may be
hang on the uniform post. Such signs will conform to the size and
set by the Architectural Review Committee. Any availability signs
be paid for by the owner prior to installation and may utilize the
company's logo and name. Owners may use additional signage to
their residence so long as the proposed additional signage is
by the Architectural Review Committee. It shall be the owner's
to keep the post and signage in good repair. Signs may be removed
agent of the Architectural Review Committee for reason of
Section 5. Domestic Pets. No animal shall be kept on any
in the subdivision except ordinary household pets and horses (see
VII, Section 6, below) belonging to the household. No more than
and two cats per unit may be kept on any residential lot. Owners
not allow their dogs and/or cats to disturb the peace and quite of
neighbor by barking, fighting, howling, crying or by emitting any
similar sound. All dogs and cats must be under direct control of
owners at all times and must not be allowed to roam off the
lot. All dogs and cats and other household pets shall be subject
control provisions for such animals as enacted by Summit County
to time and enforced by it. Owners may construct dog runs using
fence material, so long as the chain link fence is screed with
materials and is not visible from the road or the neighboring
of the dog run and materials used to construct and/or screen the
must be approved by the Architectural Review Committee prior to
Section 6. Horses. The number of horses allowed on any
lot shall not exceed four (4) and must be owned or leased by the
or other members of the lot owner's household. The Board of
the Association may approve additional horses upon request from a
only if all adjoining lot owners affirmatively agree to permit the
horses. Owners must provide supplementary feed so that meadows on
lots will not be overgrazed. Horses must be kept within a
area which must be kept clean, sanitary, and reasonably free of
insects, and waste at all times The design and location of the
area must be approved by the Architectural Review Committee prior
Any owner who desires to pasture horses on their lot outside of
enclosed area must present a grazing plan that must be approved by
Architectural Review Committee prior to implementation. Grazing
will be required on an annual basis in order to ensure
irrigation procedures and future construction on adjacent
owner who desires to graze horses outside of te permanent enclosed
is required to prevent a condition of over grazing of the meadows
lot. I the event any area become denuded as a result of
owner shall be required to reseed that area to bring the ground
to a natural condition such as existed prior to the overgrazing.
to reestablish ground cover can result in the withdrawal by the
of the right to maintain horses on a lot.
Section 7. Hay Meadows. The Declarant initially and,
the Association, owns all of the hay in the irrigated hay meadows
subdivision, whether platted in open tracts, access easements or
lots. It is the responsibility of the Association to provide for
of the meadows, and fertilization, cutting and harvesting of the
season. The hay harvest yield, after any share provided to those
and cut and otherwise harvest the hay, shall be sold first to the
of property in The Ruby Ranch and then to others at a price and at
timing priority as determined by the Board of Directors of the
No horses shall be allowed to graze or roam unrestricted in the
meadows in the open area tracts or other open areas unless
authorized by the Board of Directors.
Section 8. Fences. All fences on any residential lot
constructed of wood or poles and of a design and in a location
by the Architectural Committee. No fences except single strand
wire electric fences are permitted in the irrigated meadows. Any
fence must be removed by June 1 of each year to facilitate
harvesting of the hay and may be re-installed after the hay is cut
removed from the meadows. No fence may be constructed where it
access to or from any easement for ditches, utilities, green
meadows or access to National Forest lands.
Section 9. Hunting and Firearms. No hunting or discharge
shall be permitted anywhere within The Ruby Ranch subdivision.
Section 10. Forestry Maintenance. The Declarant or the
shall have the right to enter upon any residential lot or tract to
any dead or dying trees or other forest growth which may endanger
forest trees or growth because of disease, insect infestation, or
such causes. The cost of such treatment or removal shall be the
of the owner of the residential lot or tract where the subject
forest material is located.
Section 11. No Resubdivision. After June 1, 2000,
described on the recorded plat of the subdivision shall ever be
into smaller tracts or lots nor conveyed nor encumbered in any
the full original dimensions as shown on said recorded plat.
Section 12. Combining Lots. If two or more contiguous
lots are owned by the same owner or owners, they may be combined
one or more larger residential lots by means of a written document
and acknowledged by all of the owners thereof, approved by the
Committee, and recorded in the real property records of Summit
Colorado. Any vacation of lot lines or easements is subject to the
by the Summit County Board of Commissioners.
Section 13. Service Yards and Trash. All cloth lines,
service yards, woodpiles or storage piles on any lot or tract in
shall be kept screened by adequate planting or fencing so as to
them from view of neighboring lots or tracts and streets and
All abandoned vehicles, rubbish and trash shall be removed from
and tracts in the subdivision, shall not be allowed to accumulate
not be burned thereon. No trailer automobile or other vehicle or
be constructed, reconstructed, or repaired upon any private area
a manner than such construction, reconstruction or repair is
neighboring property or roads.
Section 14. Underground Utility Lines. All utility lines
the limits of the subdivision must be buried underground and may
carried on overhead poles nor above the surface of the ground.
include, but are not limited to, water, gas, electric, telephone,
Section 15. Reseed Disturbed Surface Area. All natural
areas disturbed for road or building construction shall be
natural topsoil and reseeded or treed to is natural condition,
with the improvement constructed, as soon after construction as
and in no case longer than 12 months after the completion of the
Section 16. No Recreational Vehicles. No motorized
vehicles such as trail bikes or snowmobiles or unlicensed
all-terrain vehicles shall be operated o any roads, private lots
area tracts anywhere within the subdivision unless specifically
by the Board of Directors of the Association at a meeting open to
preceded by notice of the intent to consider waiver of the
Section 17. Rental. Owners shall have the right to
rent their residence so long as the rental activity does not
any objectionable noise, fumes, dust, or electrical disturbance,
it increase traffic volumes or amount of parking within the
so long as such rental conforms with the single-family residential
of the subdivision.
ARTICLE VIII - RESTRICTIONS on RESIDENTIAL LOTS
Section 1. Number and Location of Buildings. No buildings
structures shall be placed, erected, altered, or permitted to
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
barn, stable, or other out-building shall be constructed on any
lot until after commencement of construction of the dwelling house
same residential lot. All construction and alteration work shall
diligently and each building, structure, or improvement which is
on any residential lot shall be entirely completed within 18
commencement of construction.
Section 3. Towers and Antennas. No towers or radio or
antennas higher than three feet above the highest roof line of the
house shall be erected on any residential lot, and all such towers
antennas must be structurally attached to the dwelling unit. All
or antennas must be submitted for approval by the Architectural
pursuant to Article VI of these covenants.
Section 4. Trees and Landscaping. No tress or brush
any residential lot shall be felled or trimmed nor shall nay
be cleared, or formal lawn areas constructed, or landscaping
on nay residential lot without the prior written permission of the
Section 5. Tanks. No elevated tanks of any kind shall be
placed, or permitted upon nay residential lot. Any tank used in
with any dwelling unit or other structure on any residential lot,
tanks for storage of gas, fuel oil, gasoline, oil, or water shall
or if located above ground the location and screening shall be as
by the Architectural Committee.
Section 6. Used or Temporary Structure. No used or
erected or temporary house, structure, house trailer, or
out-building shall ever be placed, erected, or allowed to remain
residential lot, except during construction periods, and no
shall be occupied in any manner prior to its completion. Pickup
camping trailers, recreational vehicles and any other such
be stored on private property provided it is thoroughly screened
from the road and adjoining residential lots and common area
Section 7. Exterior Lighting. All exterior lights and
on residential lots shall be approved by the Architectural
harmonious development and the prevention of lighting nuisances to
lands in the subdivision.
Section 8. Off-Street Parking. No dwelling unit shall be
on any residential lot unless there is concurrently constructed on
same lot adequate off-street parking area for at least four
per residential unit.
Section 9. Garbage Disposal and Sanitary Systems. Each
unit or other structure containing a kitchen constructed on any
lot in the subdivision shall be equipped with a garbage grinder or
disposal unit of a type approved by the Architectural Committee.
disposal system, sanitary system, cesspool, or septic tank shall
altered, or allowed to remain or be used on any lot or tract
approved as to design, capacity, location, and construction by all
public health agencies of the State of Colorado and the County of
and by the Architectural Committee.
ARTICLE IX - RESTRICTIONS on COMMON TRACTS
Section 1. Improvements. No improvements of any kind or
shall be constructed, altered, or allowed to remain on any common
except private roads giving access to other lots and tracts in the
noncommercial stables or barns, training tracks, jumping courses,
fields, meadows, clubhouses, swimming pools, tennis courts, golf
lakes and ponds, recreational facilities, bridle paths or similar
for the benefit of or use of all the member of the Association.
improvements shall be approved by the Architectural Committee as
provided, and shall conform and harmonize in appearance, siting,
with existing structures on and the overall development plans for
ARTICLE X - EASEMENTS RESERVED
Section 1. Utility Easements Reserved. Declarant hereby
to itself, its successors and assigns, perpetual easements ten
width on each side of the boundary line along the entire perimeter
lot and tract described on the recorded plats of The Ruby Ranch
for the purpose of constructing, maintaining, operating,
and repairing electric, telephone, television, water, irrigation,
gas and similar utility lines, including all pipes, wires,
culverts, walking trails and riding trails.
Section 2. Irrigation Easements and Rights Reserved.
hereby reserves to itself, its successors and assigns, until
the Association, perpetual easements 20 feet in width across all
lands in the subdivision centered along the line of all irrigation
and laterals presently in existence or hereafter constructed with
of the owners of the lands across which constructed, for the
construction, maintaining, and operating irrigation ditches and
for the proper irrigation of all meadow lands in the subdivision
on any lots and tracts therein and covenants that it shall
operate said ditches for proper irrigation of all meadow lands.
similarly reserves to itself, its successors and assigns, the
and covenants that it will, irrigate all such meadow lands at all
times, and to go on all lots and tracts in the subdivision for the
of irrigating such meadow lands so as to preserve and maintain
Section 3. Easements for Private Roads. Declarant hereby
to itself, its successors and assigns, perpetual easements across
areas in the subdivision for private roads giving access to the
lots in the subdivision; provided that no such private road shall
be constructed or used without the prior written permission of the
Section 4. High Pressure Gas Easement. An easement
width from 25 to 50 feet dated February 2, 1971, exists on
lots 5, 11, 12, 13 and 14, and open space Tract B in Filing 1 of
Ranch as shown on the recorded plat thereof. The Western Slope Gas
has constructed a high pressure natural gas transmission line in
and a license agreement exists with said Gas Company. No fences
built anywhere within this easement. Contractors and owners of the
lots should contact the local office of Western Slope Gas Company.
ARTICLE XI - ENFORCEMENT
Section 1. Enforcement Actions. The Association, the
Committee, or any owner shall have the right to prosecute any
enforce the provisions of all of these covenants by injunctive
on behalf of itself and all of part of the owners of lands within
They shall have the right to enforce all restrictions, conditions,
reservations, liens and charges now or hereafter imposed by the
of this Declaration, except as provided in Article XII, Section 1.
by the Association, the Architectural Committee, or any owner to
any covenant or restriction herein contained shall in no event be
a waiver of the right to do so thereafter.
ARTICLE XII - GENERAL PROVISIONS
Section 1. Limitations on Actions. In the event any
or alteration or landscaping work is commenced upon any of the
the subdivision in violation of these covenants and no action is
within 60 days thereafter to restrain such violation, then
equitable relief shall be denied, but an action for damages shall
be available to any party aggrieved. Said 60-day limitation shall
to injunctive or equitable relief against other violations of
Section 2. Severability. Invalidation of any one of these
provisions or restrictions by judgement or court order shall in no
affect any other provisions, which shall remain in full force and
Section 3. Term and Binding Effect. The covenants and
of this Declaration shall run with and bind the land, for a term
(20) years from the date of this Declaration is recorded, after
they shall be automatically extended for successive periods of ten
years. They shall be a burden on the title to all of the lands in
and the benefits thereof shall insure to the owners, heirs,
or assigns of all of the lands in the subdivision, and the
burdens of all said covenants shall run with the title to all of
within the subdivision.
Section 4. Amendment. The Declaration may be amended
first twenty (20) year period by an instrument signed by the
not less than ninety percent (90%) of the lots, and thereafter by
signed by the owners of not less than seventy-five percent (75%)
lots. Any amendment must be recorded.
Section 4.1. Execution and Counterparts. Each owner may
Amendment documents in counterparts and it is understood and
each such signature and notary acknowledgment of owners will be
to the original amendment documents for recording.
Section 5. Additional Land. Additional adjacent land
Filing 3 on the Master Plan approved by the Board of County
on My 5, 1979, and an enclave of approximately 18 acres located
northeast portion of the master-planned area may be annexed as
filings by the Declarant without the consent of members within ten
of the date of this instrument. It is anticipated that the
proceed with at least subsequent Filing 3 of the Master Plan as
by the Board of County Commissioners, bu the developer is not
proceed with proposed additions. Residential lots in the proposed
if made, will be become subject to their just share of Association
Section 6. Paragraph Headings. The paragraph headings in
instrument are for the convenience only and shall not be construed
a part of the covenants contained herein.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein,
hereunto set its hand and seal this 28th day of
Carolyn V. Baker - Secretary
J.M. Lacy - President
The Shirley Company, a Colorado Corporation - Declarant
Julia K. Smith - Secretary
E. Neal Smith - President
LEGAL DESCRIPTION OF FILING 1 SUBDIVISION,
THE RUBY RANCH
Know all men by these presents that JMC Co., as owner of the land
as follows: That tract of land being a portion of the S½ of
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
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
Conditions and Restrictions for the Ruby Ranch Subdivision
referred to as "The Covenants") recorded under Reception No.
the Summit County records, JMC Co. and The Shirley Company,
referred to as "Declarant", hereby gives notice of annexation of
land known as The Ruby Ranch - Filing No. 2.
DECLARANT hereby declares that all of Filing No. 2 shall be held,
and conveyed subject to The Covenants, which are for the purpose
the value and desirability of, and which shall run with the real
and be binding on all parties having any right, title or interest
described properties or any part thereof, their heirs, successors
and shall inure to the benefit of each owner thereof.
IN WITNESS WHEREOF, the undersigned being the Declarant herein,
hereunto set its hand and seal this 20th day of May,
JMC Co. a Colorado corporation
J.M. Lacy - President
The Shirley Company, a Colorado corporation
E. Neal Smith - President
Carolyn Baker on May 20, 1981