|Fairway West 1st Addition
Text Copy of Covenants
Declaration of Covenants and Restrictions
THIS DECLERATION, made this 29th day of April, 1976, by FAIRWAY WEST, INC, a Colorado Corporation, hereinafter
referred to as Declarant, WITNESSETH:
WHEREAS, the Declerant is the owner of the following described property situated in the City of Loveland, County of Larimer, State
of Colorado, to-wit:
Fairway West Addition to the City of Loveland, County of Larimer, State of Colorado, according to plat filed March 25, 1976
WHEREAS, the Declarant proposes to develop the above described property under a general plan and scheme, and desires for this
purpose to create and establish certain restrictions and obligations pursuant to such general plan and scheme;
NOW, THEREFORE, the following covenants, restrictions, conditions and reservations are imposed or reserved upon the above
1. The purpose of the following covenants, restrictions, conditions and reservations is to insure the best use and most appropriate
development and improvement of the property subject hereto; to protect against the depreciation in the value of surrounding and
adjacent properties; to insure the highest and best development of said property; to prevent haphazard and inharmonious development
and improvement and in general to provide for a high type and quality improvement of said property and whether or not provision
therefore is specifically stated in any conveyance of a lot made by the Declarant, the owner or occupant of each and every lot, by
acceptance of title thereto or by taking possession thereof, covenants and agreses that no building or other structure shall be erected,
placed or altered on any lot in said Addition, nor shall any wall, fence or other enclosure be located thereon, until construction plans and
specifications therefore have been submitted to and approved by the here-inafter-provided-for Architectural Control Committee as to
the external architectural design, color, height, building materials and harmony with design of other buildings and structures located on
other lots subject to these covenants. Approval shall be as provided in Paragraph 3 below.
2. No lot located within said Addition shall be used except for single family residential purposes
3. There is hereby established an Architectural Control Committee to be composed of such persons as shall be designated in
writing by the Declarant. Members of the Committee shall serve at the pleasure of the Declarant. The following persons are designated
to serve as the initial members of said Committee: Jane Simon, Floyd Henrikson and William Bray. The Committee may designate any
person as its representative by a written instrument making such designation. The Declarant shall have the sole authority to appoint
persons to serve as members of said Committee as long as the Declarant or its successors in interest holds any interest in the above
described land. If the Declarant or its successors holds no interest in said land, then a majority of the owners of a majority of the lots
located in said Addition shall have the authority to designate members of said Committee. No members of said Committee, nor its
designated representative, shall be entitled to any compensation for services performed as a member of such Committee. The
Committee’s approval or disapproval, as required by this Declaration, shall be in writing. In the event the designated Committee or its
representative fails to approve or disapprove any construction plans and specifications submitted to it within thirty (30) days after their
submission, approval shall not be required and such plans and specifications shall be deemed to have been approved. Declarant retains
the privilege of replacing any member of the Architectural Control Committee at any time.
4. Building Quality and Size:
a. All one story residents shall have a minimum of 1,400 square feet on the ground floor excluding garages, patios and screened
b. All tri-levels, splits, 2-story, bi-levels, daylight or walkout basement homes to have 2,000 square feet overall excluding garages,
patios, and screened porches.
5. Materials and Construction:
a. All roofs to have a minimum of 4” to 12” pitch on one story residence and a 3” to 12” pitch on all others. Exposed material or
roof is to be either standard wood shingle, wood shakes or approved solar heating collector. No asphalt shingle or tar and gravel roofs
to be allowed.
b. Siding and gable ends are to be of wood, hardboard, aluminum, natural stone, rock, brick, slump block, decorative block, or
combination of these. Slump block is limited to the following sizes: 4” x 4” x 16” or 4” x 8” x 16”. Decorative Block to be limited to
twenty (20) percent of the total siding area. Fiesta stone, artificial stone products or similar artificial materials are not be allowed with
the exception of decorative block and slump block mentioned above.
c. Fences are to be constructed of wood, brick, block or combination of these. No metal or wire fencing or wood with exposed
bark to be allowed. Fence on lots adjacent to Wilson Ave. and 29th Street are to be of uniform material, color and height except at
intersections where height will be controlled by City codes and restrictions. All fences are to be maintained in good condition by lot
owner. Declarant to have privilege of constructing at either entrance to subdivision a structure that will designate the name of the
subdivision and this is to be made out of masonry or wood or a combination of both.
d. Columns: No columns to be allowed that in the sole opinion of the Architectural Control Committee does not fit in with the
architectural style and of design of the proposed home.
e. Garages: All residences to have a garage with a minimum width of twenty (20) feet.
f. Sidewalks: By accepting title to a lot, or lots, purchaser than assumes Declarant’s responsibility to the City of Loveland to
construct a sidewalk on purchaser’s lot, or lots, as shown on the plat of Faiway West 1st Addition. Sidewalks must be installed within
six months after the date of purchase. This time limit can be extended for an additional six months by approval in writing by two
members of the Architectural Control Committee.
g. Permanent storage buildings are to be attached to residences or garages and plans showing materials, elevations and size to be
approved by the Architectural Control Committee.
6. Storage: No storage of boats, campers, trailers, motor homes, buses, or trucks shall be allowed in the subdivision except for
temporary parking in the street for a period of time not to exceed seventy-two (72) hours with the following exceptions: Campers
attached to pick-ups and in ordinary use are to be allowed if parked on driveway to a garage or in an enclosed garage or on the street.
Any of the above mentioned vehicles are to be allowed if stored in the garage. No repairs to any vehicle shall be allowed except for
emergency repairs and repairs which are completed within twenty-four (24) hours. Temporary structures to be limited to structures
used by contractors in the process of constructing an approved structure but not to exceed six (6) months. This time limit can be
extended for an additional six (6) months by approval in writing by two members of the Architectural Control Committee.
7. Heating Fuel Tanks: All fuel tanks must be screened from view with an approved fence.
8. Lamp Post: Each lot owner shall erect and maintain a lamp post not less than four feet in height, together with electric bulb and
shade, at a point not less than three feet distant and not more than ten feet from the front lot line and install the necessary wiring, the
type and design of the lamp post shall first be approved in writing by the subdivider.
9. No sign of any character shall be displayed, except that the owner may display on his premises a “FOR SALE” or “FOR
RENT” or “SOLD” sign, referring only to the premises on which displayed, provided provided the size of such sign does not exceed
24” x 24”.
10. No weeds, underbrush or other unsightly growths shall be permitted to remain upon the premises hereby conveyed and no
refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. In the event the owner within ten
(10) days after receiving notice shall fail or refuse to keep the demised premises free of weeds, underbrush or refuse piles or other
unsightly growths or objects, then the Declarant may enter upon said premises and remove the same at the expense of the owner, and
such entry shall not be deemed a trespass.
11. The owner, or owners, of any of the parcels of land subject to these Covenants may enforce the restrictions and limitations
herein set forth by proceedings at law or in equity against any person or persons violating or attempting to violate any of the said
restrictions and limitations, either to recover damages for such violation or to restrain such violation or attempted violation.
12. These Covenants and Restrictions shall run with and bind the land for a term of twenty (20) years from the date this
Declaration is recorded. They shall then be automatically extended for successive periods of ten (10) years each, unless an instrument
signed by a majority of the lot owners in said Addition has been recorded. Said instrument shall provide for amending or terminating this
Declaration in whole or in part. During the first twenty (20) year period of this Declaration, it may be amended in whole or in part only
by an instrument signed by a majority of the lot owners in said Addition. All Amendments to this Declaration shall be effective only
after they have been recorded in the office the Clerk and Recorder of Larimer County, Colorado. For the purpose of determining the
majority of lot owners required by this paragraph, any lot which is subject to a mortgage or deed of trust consents to such action by an
instrument in writing, properly acknowledged and filed for recording in the office of the Clerk and Recorder of Larimer County,
13. The invalidation of any of these Covenants, restrictions, conditions or any part hereof, by any judgment, decree or order of
court shall not in any way affect the continued validity or applicability of any other covenant, restriction or condition herein contained;
and the same shall remain in full force and effect.
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