AMENDMENTS TO THE DECLARATION OF PROTECTIVE COVENANTS
CLEAR CREEK COUNTY, COLORADO

AS OF 3/1/01 THE FOLLOWING SUBDIVISIONS HAVE APPROVED THESE AMENDMENTS: WINTERLAND U-1,2,3,4, WL-CONDOS EAST, ST. MARY'S U-1,,5,6,7.

(The 60 day grace period has expired).

( New language is shown in ALL CAPITALS).

4. Only new construction shall be permitted within said subdivision and no used or second hand structure shall be moved onto any lot therein. EFFECTIVE 60 DAYS AFTER THE RECORDING OF APPROVED AMMENDMENTS, NEW CONSTRUCTION OF MANUFACTURED HOUSING IS NOT PERMITTED IN THIS SUBDIVISION.MANUFACTURED HOUSING IS DEFINED AS FOLLOWS:
A SINGLE-FAMILY DWELLING UNIT WHICH IS PARTIALLY OR ENTIRELY MANUFACTURED IN A FACTORY, IS NOT LESS THAN TWENTY-FOUR (24) FEET IN WIDTH AND THIRTY-SIX (36) FEET IN LENGTH, IS INSTALLED ON AN ENGINEERED PERMANENT FOUNDATION, HAS BRICK, WOOD, OR COSMETICALLY EQUIVALENT EXTERIOR SIDING AND A PITCHED ROOF AND IS CERTIFIED PURSUANT TO THE NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT, 42 U.S.C. §§5401, ET SEQ., ACCORDING TO STANDARDS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE PROVISIONS OF 42U.S.C. §§5401, ET SEQ. MANUFACTURED HOUSING IN PLACE OR UNDER CONSTRUCTION OR PERMITTED FOR CONSTRUCTION AS OF THE RECORDED DATE OF COVENANT APPROVAL, SHALL BE PERMITTED.

8. No HEALTHY timber of a size greater than 3" in diameter at the base shall be removed from CUT DOWN ON any of said lots, except as may be necessary to provide for the construction of permitted improvements upon said property, OR AS REQUIRED IN ORDER TO COMPLY WITH THE REQUIREMENTS OF CHAPTER 14, WILDLIFE HAZARD MITAGATION, OF THE 1991 UNIFORM BUILDING CODE, IN ORDER TO PROVIDE A DEFENSIBLE SPACE AROUND EACH DWELLING UNIT. CONSISTENT WITH CHAPTER 14, FELLED TREES, SLASH PILES AND COMBUSTIBLE MATERIALS SHALL BE REMOVED.

10. The provisions hereof shall be considered as covenants running with the land and all instruments affecting title of any of said lots shall be subject to the provisions hereof. Said provisions shall inure to the benefit of and be binding upon the undersigned and its principal, and their heirs, personal representatives, successors and assigns and and upon every successor in title of the undersigned; except that the owners of record of at least seventy-five percent MAJORITY (51%) may by an instrument in writing, duly executed, acknowledged, and recorded in the County of Clear Creek, change said provisions in whole or part.

11. In the event of violation of any of the provisions hereof, the undersigned, its successors & assigns, or the owner or owners of any said lots, in addition to other remedies at law or in equity, including actions for damages, may have such violation perpetually enjoined, or in the case of the erection or maintenance of any building, structure or thing in violation of any of the provisions hereof, may, by proper proceedings, have such building, structure or thing removed.

POA


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