Leawood Neighbors

[NOTE: Original and amended covenants have been recorded for Filing 6]

Recorded August 23, 1976      Book 2893, Page 19, Reception No. 810237

BUILDING RESTRICTIONS AND PROTECTIVE COVENANTS
OF
LEAWOOD, FILING NO. 6

WHEREAS, K. C. Ensor Realty Co., a corporation duly organized and existing under and by virtue of the laws of the state of Colorado is the owner of the following described property located in the County of Jefferson, State of Colorado, to-wit:

All of the lots, blocks and tracts in LEAWOOD Filing No. 6 according to the plat thereof duly recorded in the office of the Clerk and Recorder of Jefferson County, Colorado , Reception Number 789575 of the records in said office, being a portion of Section 24, Township 5 South, Range 69 West.

WHEREAS, the owner desires to place certain restrictions on all the lots and blocks shown on said plat of LEAWOOD Filing No. 6 for the use and benefit of the present owner and its grantees.

NOW THEREFORE, said owner does hereby declare, impose and establish the following restrictions and conditions to run with the land, to-wit:

1. LAND USE AND BUILDING TYPE. No lots shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not more than three cars. Garage may be attached to house or separate from house.

2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in Paragraph 4.

3. ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control Committee is composed of Donald A. Lavers, Claud W. Thompson, and Edna R. Ensor whose address is P. 0. Box 246, Littleton, Colorado. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee to withdraw from the committee or restore to it any of its powers and duties.

4. PROCEDURE. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof approval will not be required and the related covenants shall be deemed to have been fully complied with.

5. DWELLING COST, QUALITY AND SIZE. No dwelling shall be permitted on any lot at a cost of less than $30,000.00 based upon costs levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1450 square feet for a one-story dwelling nor less than 850 square feet for a dwelling of more than one story. Below finished grade areas may be included in square-foot computations for two-story dwellings only when finished ceilings of such areas are 36" above finished grade. The two upper levels of a split level type house shall have a living area of not less than 900 square feet, however, a dwelling of more than one-story shall have a total finished living area of not less than 1500 square feet.

6. BUILDING LOCATION.

(A) No building shall be located on any lot nearer than 30 feet to the front lot line, or nearer than 30 feet to any side street line.

(B) No building shall be located nearer than 15 feet from any interior lot line. However, the total of the two side yards on any interior lot shall be not less than 15 feet. No dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line. Garages and other permitted accessory buildings located 75 feet back of the front lot line may set within 5 feet of the rear lot line.

(C) For the purposes of this covenants, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot, to encroach upon another lot.

7. EXTERIOR WALLS. No building shall be permitted on any lot unless all first floor exterior wall surface is constructed of masonry or a combination of frame and not less than thirty percent masonry construction. The second story exterior wall surface of a 1 1/2 or 2 story dwelling may be of any surface, frame, masonry, etc. For the purpose of this covenant door and window openings shall not be construed as exterior wall surface.

8. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear of each lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

9. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

10. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.

11. SIGNS. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

12. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

13. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose.

14. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within 10 feet from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

15. STREET LIGHTING. All lots are subject to and bound by Public Service Company tariffs which are now and may in future be filed with the Public Utilities Commission of the State of Colorado relating to street lighting in this sub-division, together with rates, rules and regulations therein provided and subject to all future amendments and changes thereto. The owner or owners shall pay as billed a portion of the cost of public street lighting in the subdivision according to Public Service Company rates, rules and regulations, including future amendments and changes on file with the Public Utilities Commission of the State of Colorado.

16. TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of fifteen years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 5 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

17. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damages.

18. SEVERABILITY. Invalidation of any one of the covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

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WHEREAS, the undersigned, being all of the owners of the lots in Leawood Filing No. 6, wish to amend said Building Restrictions and Protective Covenants;

NOW, THEREFORE, said owners do hereby publish and amend said Building Restrictions and Protective Covenants to read as follows:

Paragraph No. 5 is amended to read as follows:

5. DWELLING COST, QUALITY AND SIZE. No dwelling shall be permitted on any lot at a cost of less than $32,000.00 based upon costs levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1600 square feet for a one-story dwelling nor less than 900 square feet for a dwelling of more than one story. Below finished grade areas may be included in square foot computations for two-story dwellings only when finished ceilings of such areas are 36" above finished grade. The two upper levels of a split level type house shall have a living area of not less than 900 square feet, however, a dwelling of more than one-story shall have a total finished living area of not less than 1750 square feet.

Paragraph No. 7 is amended to read as follows:

7. EXTERIOR WALLS. No building shall be permitted on any lot unless at least thirty percent of the exterior first floor wall surface is of masonry construction. The remainder of the exterior wall surface may be of any type of construction approved by the Architectural Control Committee. For the purpose of this covenant, door and window openings shall not be construed as exterior wall surface.

Paragraph No. 19 is added to read as follows:

19. EXTERIOR ROOF CONSTRUCTION. No building shall be permitted on any lot unless all roof surfaces visible from ground level within Leawood, Filing No. 6, are of wood shingle construction, or other architectural roofing material approved by the Architectural Control Committee (e.g. Spanish tile, slate, copper).

Paragraph No. 20 is added to read as follows:

20. VEHICULAR PARKING. No vehicles, boats, campers, trailers, or other such contraptions or devices, except operable passenger cars, or operable trucks and vans of less than one (1) ton cargo capacity, shall be parked, stored or permitted to remain for more than one week on the streets or on any lot, except within enclosed garages or in enclosed areas in the side or rear yard of the residence situate thereon; Said enclosure shall completely screen vision from the ground to a height of six feet above the ground.

Paragraph No. 21 is amended to read as follows:

21. EXTERIOR ANTENNAS. No exterior radio or television antennas shall be permitted or placed on any lot.

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