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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.
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