FACSIMILE OF THE |
FOR BLUE MESA SUBDIVISION
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.
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
lots shall be for residential and recreational use only, with only
one single-family dwelling permitted on any lot.
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.
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.
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.
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.
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.
Open storage of building materials will be permitted during
construction only, for a period not to exceed 6 months.
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
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.
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
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.
firearms, fireworks, explosives, air rifles, BB guns, or similar
devices, shall be discharged on any lot.
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.
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.
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.
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
Blue Mesa, Inc.
ROY R. ROMER, Partner
CLINT SPENCER, President
Blue Mesa, Co.
Gunnison Bank & Trust
STATE OF COLORADO )
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 &
Witness my hand and official seal.
My Commission Expires July (illegible)
Martha Romer, Notary Public