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FACSIMILE OF THE
PROTECTIVE COVENANTS
FOR BLUE MESA SUBDIVISION


Filed for record the 19th day of February, A.D. 1974, at 2:00 p.m. in Book 465, Pages 349-351, Reception Number 298910, by Marian A. Smith, Recorder.


The undersigned, being the owners of the land known as Blue Mesa Subdivision, a subdivision located in Sections 7, 8, 17 & 18, Township 47 North, Range 3 West, Gunnison County, Colorado, and Section 13, Township 47 North, Range 4 West, Gunnison County, Colorado, do hereby make and establish the following covenants and restrictions applicable to all numbered lots in said subdivision, to insure the best use and the most appropriate development and improvement of each building site thereof; to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve so far as practicable, the natural beauty of such property; to prevent the construction of improper or unsuitable improvements; to encourage and secure the erection of attractive dwellings thereon; and in general to provide adequately for the improvement of said property. The property hereinbefore described is made specifically subject to the following:


  1. All lots shall be for residential and recreational use only, with only one single-family dwelling permitted on any lot.

  1. No trailer, mobile home, or basement dwelling, nor any other structure of a temporary nature, may be erected or placed on any lot for use as a permanent dwelling, provided, however, that (a) camping on site by owner will be allowed for a period not to exceed four weeks at any one stay. All camping equipment must be removed at the expiration of the camping period, and (b) a temporary dwelling may be placed or erected on any lot for use during the period of construction of a permanent dwelling, not to exceed 6 months.

  1. No activity of a noxious nature may be conducted upon any lot, nor shall any activity be permitted which may be or may become a nuisance or annoyance to the neighborhood. No lot shall be used for any business or commercial purposes whatsoever; provided, however, that the foregoing covenant shall not apply to the real estate sales activities of the undersigned or its agents.

  1. No dwelling shall be erected or placed on any lot in this subdivision unless said dwelling has a total ground floor area, exclusive of porches or garages, of 600 square feet or more.

  1. No more than one garage, which may be either attached or separate, and no more than one utility building, will be permitted on any one lot.

  1. All buildings must have outside finish completed within a six months’ period after construction is started. All construction must comply with the Gunnison County Building Code.

  1. Open storage of building materials will be permitted during construction only, for a period not to exceed 6 months.

  1. Exterior design, color and location of all buildings and fences must be approved in writing either by the undersigned, or by an Architectural Control Committee to be designated by the undersigned, before construction is commenced. Any basic structure designed to have additions in the future must meet the minimum square feet requirement at the time of original construction.

  1. Horses may be quartered on said lots in fenced corrals only, which corrals shall not exceed 3,000 square feet in area and shall be located at least 50 feet from any stream. Said corrals shall be maintained so as not to create a nuisance to any adjoining land owner. One horse barn shall be permitted, provided its exterior design and appearance is compatible with the exterior design and appearance of the residence on said lot.

    Approval for said construction of corrals and barn shall be obtained from the undersigned of the Architectural Control Committee, as provided in paragraph 8 above. No other livestock, other than domestic house pets may be quartered or maintained on any lot. Domestic house pets must be maintained under the control of the owner at all times.

  1. No litter or trash shall be permitted to accumulate on any lot. Reasonable precaution shall be taken against fire hazards and no outdoor burning of any kind shall be permitted upon said lots (except for cooking) unless in an approved incinerator with ash control and then only if permitted by local and state laws.

  1. No abandoned vehicles shall be permitted on any lot. A vehicle shall be considered “abandoned” if it remains non-operative for a period of three weeks.

  1. No firearms, fireworks, explosives, air rifles, BB guns, or similar devices, shall be discharged on any lot.

  1. The undersigned reserve the right to assign or transfer their interests and authority under these covenants to their successors in interest in and to said subdivision.

  1. Violation of any of the covenants or restrictions herein contained shall give to the undersigned, or their agents or assigns, the right to enter upon the property as to which such violation exists, and summarily to abate and remove at the expense of the owner thereof any erection, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof; and the undersigned or their agents or assigns shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal.

  1. These covenants shall run with the land and shall bind all parties and all parties claiming under them for a period of ten years from the date of filing in the Office of the County clerk and Recorder of Gunnison County, Colorado, and shall automatically be continued thereafter for successive periods of ten years each. Subsequent to said initial ten-year period, the owners of seventy-five percent of the lots which are subject to these covenants may release all or part of the land so restricted from any one or more of said restrictions, or may change or modify any one or more of said restrictions, by executing and acknowledging an appropriate agreement or agreements in writing for such purposes and filing the same in the Office of the County Clerk and Recorder of Gunnison County, Colorado.

  1. Invalidation of any of the above covenants by judgment or court decree shall not affect the remaining provisions, which will remain in full force and effect.

ROY R. ROMER, Partner ROY R. ROMER, President
Gunnison Associates Blue Mesa, Inc.
 
ROY R. ROMER, Partner CLINT SPENCER, President
Blue Mesa, Co. Gunnison Bank & Trust


STATE OF COLORADO   )
                    )ss.
COUNTY OF GUNNISON  )

The foregoing instrument was acknowledged before me this 6th day of September, 1973, by ROY R. ROMER, Partner, Gunnison Associates, ROY R. ROMER, President, Blue Mesa, Inc., ROY R. ROMER, Partner, Blue Mesa Co., and CLINT SPENCER, President, Gunnison Bank & Trust.

         Witness my hand and official seal.

         My Commission Expires July (illegible)

                  Martha Romer, Notary Public