Recorded May 23, 1969 at 11:30 AM Reception No. 43524 Margaret V. Chiles, Recorder

BULLERT INVESTMENT COMPANY, a Colorado corporation, being the owner in fee simple of the real property hereinafter described, does hereby make and declare the following limitations, restrictions and uses upon said property as restrictive and protective covenants, through reference hereto in all deeds and contracts for sale issued to or for any part of said property, as benefits and obligations running with the property, and as binding upon the said owner and upon all parties claiming under said owner and upon all future owners of any part of said property, so long as these restrictive covenants shall remain in force and effect as now written or as hereafter altered:

1. These covenants are hereby made applicable to all property located within ST. MARY'S SUBDIVISION, UNIT 3, according to the recorded plat thereof, Clear Creek County, Colorado.

2. No structure shall be placed, erected, altered or permitted to remain on any one numbered lot within said subdivision other than one detached single family dwelling, for private use only, a private garage, and such other enclosed and covered buildings as are incidental to such use. The exterior of any such improvement must be completed within six months after the commencement of construction.

3. No dwelling shall be erected or permitted within said subdivision with a ground-floor area, exclusive of open porches and garages, less than 600 square feet, except that any two-story dwelling may have a ground-floor area, exclusive of open porches and garages, of not less than 450 square feet, if the total floor area therein is at least 600 square feet.

4. Only new construction shall be permitted within said subdivision, and no used or second-hand structure shall be moved onto any lot therein.

5. No basement, tent, shack, garage, barn or trailer, or any other outbuilding or temporary structure shall be occupied or used as a residence, either temporarily or permanently within said subdivision.

6. No dwelling or other structure shall be erected or occupied within said subdivision until there are available such water and sanitation facilities as will comply with the standards imposed by the County of Clear Creek or other governmental authority having jurisdiction thereof. When and if such facilities shall be provided by a quasimunicipal water and sanitation district, then the facilities of such district shall be utilized exclusively to service all lots within said subdivision; and, in the event the owner of any such lot has not constructed a residence thereon and caused the same to be connected to the facilities of such district within one year after the sale of such lot by the undersigned, then such district may proceed, with or without connecting said property to its facilities, to impose, charge, assess and collect from the owner or occupant of such lot such rates, fees, tolls and charges as may be set by the Board of Directors of said district for the availability of such water and sanitation facilities and services.

7. No noxious or offensive trade or activity shall be conducted upon any of said lots nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

8. No timber of size greater than 3" in diameter at the base shall be removed from any of said lots, or destroyed, except as may be necessary to provide for the construction of permitted improvements upon said property.

9. No billboard or other advertising device shall be erected or permitted on any of said lots, nor shall anything be done or permitted on any said lot which will deface or mar the natural scenery thereon.

10. The provisions hereof shall be considered as covenants running with the land and all instruments affecting the 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 principals, and their heirs, personal representatives, successors and assigns and every grantee or lessee of any said lot, their heirs, personal representatives, and assigns, and upon every successor in title of the undersigned; except that the owners of record of at least seventy-five per cent of said numbered lots, if at least ninety per cent thereof have been sold by the undersigned, may, by an instrument in writing, duly executed, acknowledged, and recorded in the County of Clear Creek, change said provisions in whole or in part.

11. In the event of violation of any of the provisions hereof, the undersigned, its successors and assigns, or the owner or owners of any of 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; provided, however, that a use contrary to any one or more of the covenants herein for a period of at least one year voids the particular covenant or covenants so violated with respect to such use.

12. Invalidation of any of the provisions hereof by judgment or order of Court shall in no way affect any of the other provisions hereof; and lack of title or failure of title in the undersigned as to any portion of the property described herein shall not affect the validity of these provisions as to the remainder of such property.

IN WITNESS WHEREOF, Bullert Investment Company, a Colorado corporation, has caused this instrument to be executed by its President, attested by its Secretary, and its corporate seal to be affixed hereto this 22nd day of May, 1969.

Click here to view the Amendments added to this protective covenant.