The original Declaration of Covenants document is Reception # R1881982 (Book 3058, page 17-30) filed 8/20/1979
DECLARATION & AGREEMENT
Establishing
PROTECTIVE COVENANTS
SUNDOWN SUBDIVISION AURORA, COLORADO
FIRST AMENDMENT TO THE DECLARATION AND AGREEMENT ESTABLISHING PROTECTIVE COVENANTS, SUNDOWN SUBDIVISION
THIS AMENDMENT is made this __25th___ day of ___June____, 20 02.
RECITALS
A. Dayton Financial Corporation, a Colorado corporation, created the Sundown Subdivision, also known as Andover Glen ("Community") by recording a Declaration and Agreement Establishing Protective Covenants, Sundown Subdivision in the real property records of the County of Arapahoe, State of Colorado in Book 3058, Page 17 (the "Original Declaration").
B. Pursuant to Article XIII, Section 2 of the Original Declaration, seventy-five percent (75%) of the lot owners are required to approve any amendments to Declaration.
C. The undersigned, being the President and Secretary of the Association, hereby certify that seventy-five percent (75%) of the lot owners have approved in writing this First Amendment as required under Article XIII, Section 2 of the Original Declaration and that the instruments signed by these Owners, along with the recorded copy of this First Amendment shall be placed in the Andover Glen Homeowners Association Inc.'s (the "Association") corporate records and shall be available for review and inspection upon request.
E. As amended by this Amendment, the Original Declaration is referred to as the Declaration."
NOW THEREFORE,
I. Amendments. The Original Declaration is hereby amended as follows:
(a) Repeal and Restatement. Article I, Section 1 is hereby repealed in its entirety and the following Article I, Section 1 is substituted:
Section 1. "Association" shall mean and refer to the Andover Glen Home-owners Association, Inc., it successors and assigns.
(b) Repeal and Restatement. Article II, 3rd Paragraph is hereby repealed in its entirety and the following Article II, 3rd Paragraph is substituted:
The covering of each roof shall be with cedar shingles, cedar shakes, clay or cement tiles, high definition tri-laminate asphalt or other similar asphalt products with a minimum warranty period of fifty (50) years with coloring restricted to those colors that best emulate aged cedar shake shingles, or other material satisfactory to the Committee, but in no event shall flat three-tab or T-lock asphalt shingle roofs be used.
II. No Other Amendments. Except as amended by the terms of this Amendment and previous Amendments, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is executed by the undersigned.
ANDOVER GLEN HOMEOWNERS ASSOCIATION, INC, a Colorado nonprofit corporation
By: _(signature of ) Terry Allen President
By: _(signature of ) Norm Arlt Secretary
STATE OF COLORADO ) ) ss COUNTY OF Arapahoe )
The foregoing was acknowledged before me this 25th day of June , 200_2_, by _________Terry Allen________________, as President of Andover Glen Homeowners Association, Inc., a Colorado nonprofit corporation.
Witness my hand and official seal. My commission expires: ____9-17-2005_______________
__(signature of ) Barbara Harrington Notary Public
Declaration of Covenants, Conditions and Restrictions
THIS DECLARATION, made on the date hereinafter set forth by Dayton Financial Corporation, A Colorado Corporation, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the City of Aurora, County of Arapahoe, State of Colorado, which is more particularly described as: (See Addendum A).
NOW THEREFORE, Declarant hereby declares that all of the properties described in Addendum A shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are 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 assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to The Sundown Homeowners Association, its successors and assigns.
Section 2. "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 properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described in Addendum B.
Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area.
Section 6. "Declarant" shall mean and refer to Dayton Financial Corporation, A Colorado Corporation, its successors and assigns if such successors and assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development.
Section 7. Lot and Block numbers when used herein, shall be understood and refer to the Lots and Blocks bearing the numbers given as laid out and described on the recorded plat of Sundown in the City of Aurora, hereinbefore referred to.
Section 8. A "Corner Lot" is one the front lines of which and one entire side of which abuts on two intersecting streets.
Section 9. The street or streets upon which a lot fronts shall be deemed to be the front street, except as hereinafter provided in Section 5. Any other street or streets contiguous to such a lot shall be deemed to be a side street.
Section 10. The word "Plot" as used herein is intended to mean a single piece or parcel of land containing one lot, or more than one lot used or to be used as a building site.
Section 11. An "Outbuilding" as the word is used herein, intended to mean an enclosed covered structure, not directly attached to the residence which it serves.
Section 12. A "Residence" as the word is used herein, is intended to include any attached garage.
Section 13. The word "Street" as used herein in these protective covenants, shall include any street, avenue, way, court or place shown on the recorded plat.
Section 14. "Committee" means the Architectural Control Committee.
ARTICLE II
USE OF LAND
None of said lots may be improved, used or occupied for other than private residential purposed, and no building of any kind whatsoever shall be erected or maintained thereon except private, single family dwelling houses which are not to exceed two stories in height. No structure whatever other than one private garage for not more than three (3) automobiles, and servant quarters of all masonry and/or frame construction shall be erected, placed or permitted to remain on any of the lots.
No store, office or other place of business of any kind and no hospital, sanitarium or other place for care or treatment of the sick or disabled, physically or mentally ill, nor any theatre, saloon or other place or entertainment or any church, shall ever be erected or permitted upon any of the lots, or any part thereof, and no business of any kind or character whatever shall be conducted in or from any residence on the lots.
The covering of each roof shall be with cedar shingles, cedar shakes, clay or cement tiles, or other material satisfactory to the Committee, but in no event shall asphalt shingle roofs be used.
The principle exterior material of any residence shall be materials satisfactory to the Committee or its duly authorized representative.
The ground around the exterior of the residence shall be well sloped, a slope of at least twelve (12) inches for the first ten feet is required.
In cases where the owner or a contractor raises or lowers elevation of the ground and established the finished grade elevations at any exterior property line of an adjoining lot, said contractor or owner must erect a retaining wall, at his cost, to prevent the dirt from falling or washing down on the adjoining property.
All garages shall be part of, or attached to the residence and shall have a minimum of 20-foot width on the entrance side of the garage. Not more than one residence shall be erected on any of said lots as shown on the recorded plat.
The ridge heights of any residence on any lot shall not exceed 31 feet in height as measured from the front set back of the property line. In determining the elevation of the front set back line, of all lots of the Sundown development, grading from the street gutter to the front set back line shall not exceed a slope of three (3) feet in ten (10), except as otherwise approved by the Architectural Control Committee, or as provided by City Code.
Notwithstanding the foregoing as to those lots designated as walk-outs, the ridge heights of these residences built thereon shall not exceed 35 feet in height as measured from the four corners of the house.
No lot shall be re-subdivided into smaller lots not conveyed or encumbered in any less than the original full dimension as originally conveyed by the owner(s). Nothing herein contained shall prevent the dedication or conveyance of portions of lots for public utilities, in which even the remaining portion of the lot shall, for the purpose of this provision, be treated as a whole lot.
No fence, wall or hedge shall be constructed or maintained closer to the front property line than the building. A six foot high fence shall be permitted along all properties. All fences must be wood, or other materials as approved by the Architectural Control Committee along all property lines except as provided in this paragraph.
No livestock or poultry shall be kept on any lots, only as permitted by city ordinances.
No temporary house, trailer, tent, garage or other outbuildings shall be placed or erected on the lots, and no dwelling shall be occupied in any other manner prior to completion and the issuance of a Certificate of Occupancy by the Building Inspector. The work of constructing the dwelling shall be prosecuted diligently from the commencement thereof until completion.
For the purpose of this paragraph the following formula is devised to provide landscaping the irregable land for each lot:
A) Taking the total square footage of each lot and subtracting the first floor area of the house plus the garage, all patios, driveways and sidewalks and subtracting those areas from the square footage of the lot for which you will arrive at a net square footage of said lot. The irregable land put into landscaping shall not exceed 62% of that arrived figure.
B) But in no case shall that irregable landscaping exceed 6,000 square feet.
C) All other land may be landscaped with trees, bushes, rock gardens or other natural ground cover.
D) Each Homeowner must landscape his home within 60 days after occupying home and must obtain the Architectural Control Committee's approval for landscaping.
ARTICLE III
FRONTAGE OF LOTS
For the purpose of these covenants, all lots shall be deemed to front on the street or streets on which the lot or lots abut, provided, however, when a residence is erected on a corner lot or plot, the street on which the residence fronts shall be deemed to be the front street. Any residence erected on any lot or lots, plot or plots, shall have an approved acceptable and presentable exterior on the street or streets and for all of the street or streets on which said lot or lots, plot or plots, abut.
ARTICLE IV
SET BACK OF RESIDENCE FROM STREET LINE
No residence or any part thereof, (shall be erected or maintained on any) lot or lots, plot or plots, nearer than 25 feet from the front plot line, or nearer than 5 feet from any side plot line, or nearer than 15 feet from any side street plot line, on all corner lots, or nearer 15 feet from the front plot line on a cul-de-sac or bubble (subject to Committee approval), or nearer than 20 feet from the rear plot line.
No residence or any part thereof may be erected nearer than 5 feet from the interior side line or lines of any plot except that chimneys and eaves may extend four (4) feet and bay windows may extend two (2) feet nearer said plot lines. Uncovered but not covered or enclosed porches, and terraces may extend beyond the building limit line toward the street or streets on which such plot fronts, not more than five (5) feet.
If any dispute arises as to what constitutes a front, rear or side line, the decision of the Committee shall be final.
Whenever possible the entrance to garages shall be from the side lot lines.
ARTICLE V
MINIMUM AREA FOR RESIDENCE
In case of a one story structure, a residence shall have a ground floor area of at least 1500 square feet, exclusive of garages, porches, or terraces and in the case of structures more than one story, a minimum of 1600 square feet of floor area in the aggregate of all floor area exclusive of garages, porches, terraces and basements. A garage shall be required and shall be attached to and be a part of a single family dwelling erected or placed on any site.
No tank for the storage of oil or other fluids may be maintained on any lot above the ground surface thereof.
No trailer, basement, tent, shack, barn or other similar outbuildings erected on any tract shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
No trash, ashes or other refuse may be thrown or dumped on any vacant lot in the subdivision; likewise, no grass clippings, tree or bush trimmings may be dumped on any vacant lot. Lot owners of vacant lots in the subdivision must cut weeds on such lots regularly during the growth season.
All clotheslines, equipment, trash or garbage cans, service yards, wood piles or storage piles shall be kept screened by adequate planking or fencing so as to conceal them from view of neighboring residences and streets. All rubbish, trash, or garbage shall be screened from view.
ARTICLE VII
SIGNS, BILLBOARDS AND MISCELLANEOUS STRUCTURES
'For Sale" or For Rent" signs, poster boards or advertising structures of any kind, except those belonging to Dayton Financial Corporation, or any part of any said lots is prohibited, except "For Sale" signs on homes that are resales. "Resales" being defined as houses being sold a second time, that being permitted in a sign no larger than four (4) square feet. No fence, wall or hedge, nor any pergola or other detached structure for ornamental purposes shall be erected or maintained on any part of any lot in front of the building limit line or side street line as provided herein.
ARTICLE VII
EASEMENTS RESERVED
Easements of right-of-ways are reserved over, on and under said lots, as shown on the recorded plat of Sundown for construction, maintenance repair, replacement and reconstruction of wires, pipes, and conduits for lighting, heating, electricity, gas, telephone, and other public and quasi-public utility service purposes and for sewer and pipes of various kinds.
All public utility service lines shall be underground, or as required by the Public Service Company.
No building or other structure shall be erected or maintained on any part of any area reserved as an easement and/or right-of-way, but the owners of the lots may erect and maintain a fence, wall, or hedge within the areas reserved as easements and/or right-of-ways, subject to the provisions of Article 2 hereof, and subject to, at all times, the prior right to use such areas for utility and quasi-utility purposes.
No fence, wall, hedge or landscaping shall be permitted on easements or right-of-ways that would prevent each access to fire hydrants by fire protection personnel.
Concrete drives and sidewalks are permissible as long as they cross at substantially right angles, and do not exceed 26 feet in width.
ARTICLE VIII
NUISANCE
The owner of any lot or lots shall not suffer or permit any noxious or offensive activity to be conducted or carried on or practiced thereon in any residence or dwelling or accessory building constructed thereon or to be otherwise used or employed for any purposed that will constitute an annoyance to the neighborhood or a nuisance in law or that will detract from the residential value or qualities of said premises. No derelict vehicle in an inoperative condition may be parked in any street or open to public view for a period of more than 72 hours or it will be towed away at the owner's expense. No commercial vehicles, trailer, camper, mobile home or other recreational vehicle may be parked on any residential site unless totally screened from all street and property lines. No commercial truck or vehicle may be parked on any street overnight.
ARTICLE IX
PROPERTY RIGHTS
Section 1. Owners Easements of Enjoyment. Every owner shall 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 every lot, subject to the following provisions:
a) the right of the Association to charge reasonable and other fees for the use of any recreational facility situated upon the Common Area;
b) the right of the Association to suspend the voting rights and right to use of 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 infractions of its published rules and regulations;
c) 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 2/3rds of each class of members has been recorded.
Section 2. 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.
ARTICLE X
MEMBERSHIP AND VOTING RIGHTS
Section 1. 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.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall be all owners, with the exception of the Declarant, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any 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 one vote be cast with respect to any lot. In the event more than one lot is used in construction of a single residence, the owner shall be subject to an assessment of the Homeowners Association for each lot purchased and shall also be granted one (1) for each lot owned.
Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs later:
when the total votes outstanding in the Class A membership equal the total votes outstanding in Class B membership, or
on JUNE 18 , 19 83.
ARTICLE XI
COVENANT FOR MAINTENANCE ASSESSMENTS
Community of the City of Aurora
Section 1. Creation of the lien and personal obligation for assessments. Each and every owner of a lot in the Sundown Development in accepting a deed or contract for deed shall be deemed to covenant and agree to pay to said Homeowners Association all regular and special assessment or charges by such Homeowners Association whether or not it shall be so expressed in any such deed or contract for deed. All such assessments or charges, together with interest and reasonable cost of collection if not paid when due, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment or charge is made. Each such assessment and special assessment or charge, together with interest thereon, reasonable costs of collection including attorney's fees, shall also by the personal obligation of the person(s) in ownership of such property at the time when each assessment or charge was due. The personal obligation for delinquent assessments shall not pass to such person(s), 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 properties and for the improvement and maintenance of 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 $50.00 (fifty) per lot.
a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership.
b) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above 10% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in an 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, provided that, 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. Notice and quorum for any action authorized under Sections 3 & 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 50 days in advance of the meeting. At the first such meeting called, the presence of member of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at uniform rate for all lots and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area, or as otherwise approved by the Board of Directors. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. 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.
Section 8. 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 six percent (6%) 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.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. 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 lien thereof, shall exist until the lien of such assessments go to the payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE XII
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made nor shall any landscaping be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography of the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. Initially, the Architectural Control Committee shall be appointed by the Developer and shall be empowered to act until 95% of the lots have been sold.
BUILDING COMMISSIONER APPROVAL
Approval of the plans and the requirements for the securement of a BUILDING PERMIT for the construction of any building, wall, fence, or other structure, or the alteration thereof shall be subject to the Board of its designated committee's approval. No plans shall be approved for a building permit nor shall any construction be commenced on any residence until soil tests have been made by a qualified Soil Engineer on the plat on which the residence is erected, and the proper footings and foundations to be used have been designated by a professional, licensed engineer.
In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. The Board or its designated committee shall have the authority to use the service of an architect as a consultant, and to charge a sum not exceeding $50.00 for the fees of the consultant. The consultant shall not have a right to vote-in passing upon plans and specifications.
ARTICLE XII
GENERAL PROVISIONS
Section 1. The Association, or any owner shall have the right to enforce by proceeding at law or in equity any and all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this declaration, the association or any owner. The Association or any owner who obtains a judgment that any person is violating any of the covenants hereinabove stated, shall, in addition to any other relief that might be warranted, be entitled to request that the Court enter judgment for the reasonable amount of attorney's fees and costs incurred to obtain judgment.
Section 2. Amendment. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety (90) percent of the lot owners, and thereafter by an instrument signed by not less than seventy-five (75) percent of the lot owners. Any amendment must be recorded.
Section 3. Annexation. Additional residential property and Common Area may be annexed to the properties with the consent of two-thirds (2/3) of each class of members.
WITNESS WHEREOF, the undersigned as owner in fee simple of the Real Property above described has hereunder set its hand and seal this _____ day of ______________, 1979
DAYTON FINANCIAL CORPORATION
BY: _____________________________ President ATTEST
By: ___________________ Secretary
STATE OF COLORADO ) CITY OF AURORA ) ss. COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this ___ day of ___________ 1979, by JERRY HOLZMAN, President and PENNY ZERR, Secretary of Dayton Financial Corporation.
Witness my hand and official seal My commission expires _____________, 19___
________________________________________
ADDENDUM A
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being the owners of that part of the Southwest Quarter of Section 7, Township 5 South, Range 66 West of the 6th Principal Meridian, City of Aurora, County of Arapahoe, State of Colorado, containing all of Block 1, those portions of Block 3, and the North half of Blocks 6 and 7, East of Parker Road (C.S.H. 83) all in the Villa Sites Subdivision, City of Aurora, County of Arapahoe, State of Colorado, more particularly described as follows:
Beginning at the Northwest corner of said Block 1; thence N 89 ° 53' 00" W, 1702.64 feet along the North line of said Blocks 1, 2 and 3, to a point on the East right-of-way line of Parker Road (C.S.H. 83); thence proceeding along the East right-of-way of Parker Road the following courses, S 81° 52' 45" E, 225.30 feet; thence S 27° 25' 15" E, 553.77 feet to the point of intersection of the East right-of-way of Parker Road and the East-West Centerline of said Blocks 6, 7 and 8; thence S 89° 55' 13" E, 894.5,1 feet to the Center of said Block 8; thence S 0° 11' 28" W, along the North-South centerline of said Block 8, 338.22 feet to a point on the South line of said Block 8; thence S 89° 56' 00" E, 306.42 feet to the Southeast corner of said Block 8; thence N 0° 10' 26" E, 1292.50 feet to the Point of Beginning, containing 1,483,206 square feet or 34.0497 acres, more or less, have laid out, platted and subdivided the same into lots, blocks and tracts as shown on this plat under the name and style of SUNDOWN SUBDIVISION, Filing No. 1, and by these presents do grant to the City of Aurora, State of Colorado, for the perpetual use of public, Tracts B and C and the streets and easements shown hereon and not previously dedicated for public use. The undersigned Owners for themselves, their heirs, successors and assigns, covenant and agree with the City of Aurora, that no structure constructed on any portion of the platted land shown hereon, shall be occupied or used unless and until all public improvements as defined by Title VIII, Chapter 18 of the City Code are in place and accepted by the City, or cash funds or other security for the same are escrowed with the City, and a Certificate of Occupancy has been issued by the City. Recording of the Certificate of Occupancy shall be prima facie evidence that the foregoing conditions have been complied with.
Right of way for ingress and egress for service and emergency vehicles is granted over, across, on or through any and all private roads and ways now or hereafter established on the described property, and the same are hereby designated as fire lanes and emergency and service vehicle roads, and shall be posted "No Parking - Fire Lane."
ADDENDUM B
Tract A; SUNDOWN SUBDIVISION
A tract of land within the Southwest Quarter of Section 7, Township 5 South, Range 66 West of the 6th Principal Meridian, City of Aurora, County of Arapahoe, State of Colorado, within the Sundown Subdivision, Filing No. 1, more particularly described as follows:
Beginning at the Northeast corner of Sundown Subdivision, Filing No. 1; thence N 89° 53' 00" W, along the East-West Center line of said Section 7, 958.88 feet to the True Point of Beginning; thence S 29 55' 18" £, 134.02 feet to a point on a curve; thence along curve to the left 56.22 feet, said curve having an internal angle of 4° 55' 26", a radius of 654.22 feet, and a chord which bears S 78 02' 43" W, 56.21 feet; thence N 49° 13' 34" W, 83.36 feet, thence N 74° 36' 46" W, 70.00 feet thence S 65° 14' 38" W, 203.00 feet to a point on the Easterly right-of-way line of Parker Road (C.S.H. 83); thence along said Easterly right-of-way line the following courses and distances, N 27° 25' 30" W, 200.10 feet; thence N 31 52' 45" W, 225.30 feet; thence S 89° 53' 00" E, along the East-West Centerline of said Section 7, 743.76 feet at the True Point of Beginning, containing 162,069 square feet or 3.7206 acres, more or less.
ADDENDUM
Declaration & Agreement Establishing Protective Covenants
SUNDOWN SUBDIVSION - Aurora, Colorado
WITNESS WHEREOF, the undersigned as owner in fee simple of the Real Property above described has hereunder set its hand and seal this ___21st__ day of September, 1979
DAYTON FINANCIAL CORPORATION
BY: (signature of ) Jerry Holzman President ATTEST
By: (signature of) Virginia H Kelsey Secretary
STATE OF COLORADO ) CITY OF AURORA ) ss. COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this 21st day of September 1979, by JERRY HOLZMAN, President and VIRGINIA H. KELSEY, Secretary of Dayton Financial Corporation.
Witness my hand and official seal My commission expires February 1, 19 82
(signature of notary) DiAnne M. Sprager
(This ends the document text. An original of these documents can be obtained through www.co.arapahoe.co us. - Online Tools - Legal Documents Search. The original Declaration of Covenants document is Reception # R1881982 (Book 3058, page 17-30) filed 8/20/1979; an addendum document (for signatures) is Reception # R1896254 (Book 3085, page 317) filed 9/27/1979; the 2002 Amendment document (re roofing materials and defining "Association" to be the Andover Glen HOA) is Reception # B2120148 (no Book/Page identified) filed 7/2/2002. On-line access information good as of 02/15/05.)