WHEREAS,Witkin VII, Inc., is desirous, of maintaining said realproperty as a first-class residential district. "

2. ARCHITECTURALCONTROL. No building shall be erected, placedI1nd no exteriDr additions or alterations to,any exterior improvements orchl1nges in fences, walls or other:structures' shall be commenced, erectedor maIntl1ined until and unless the plans and" specifications showing thenature. kind, shape, height, materials;,floor,plans"exterior color sc.hemeond loco t ion of such structures' and the" grading plan and finished grade'elevations of the site to be bullt{upon shal1~have been submitted ,to and,I1pproved by the Architectural Control Committee hereinafter identified, anda copy thereof as finally approved lodged pli!rmanently with said Committee.No landscaping on any site shalLbe' done'·'until',41andscaping plan shall havebeen submitted to and approved by such ,Committee. 'Such Committee shall havethe right to refUGe to approve any'such plans" and specifications or gradingor landscaping plans which are not' suitable' or desirable in the Committee'sopinion, for I1sthetic or other reasons, and,in so passing upon such plans,specifications and grnding and landscaping plans, the CDmmittee shall hl1vethe right to take into consideration ,the suitability of the proposed building

or other improvements and of themateril11s ,of ",h1ch it is to be built,to the site upon which it is proposed'to' erecf'the same, the harmonythereof \~1th thu surroundings" the topography of the land and the effectof tho rCHidence structure or other'improvements as planned on the outlookf rom the ndJ I1cent or neighboring property, and with the general residencep Lan of thi! properties. All subscquen'i: ;'additions to or changes "of altcrn-t ions in any residence, fence ,'(\o/a11 Ot\ other' structure, including exteriorcolor scheme nnd all subaequent ,additions,to or'changes or alterations inany grading or landscaping plans'shall,be subject to the prior approvalof the Architectural Control' Committee" " "

No exterior mounted r'adio, short ,wave or televisionor other type of antenna shall be permitted except on an inte:ior roof,the elevatiDn Df which is lower than the,surrounding roof SD that suchIIntennn installation Is n~visible from any other sites, and from the streets.

No tanks of any kind, either elevated or. buried,' shall be erected,plnccrl or permitted upon any,s1ten,"ft: "

_ ., _c_ ,~,~" --,-,r __ ••..•• -' ..•.~~,,_¥~"...,Mt""",~\·""'~••.'-<.-;;::,' ,.r:,;

1. 1,AND USE AND BUILDING TYPE. No lot shaH be used forany th J nr, 0 ther thlln res identl1l1 purposes, except that Witkin VII, Inc.may IIAe residentilll dwellings for offices and model show homes, field con­struction offices and general business offices'until such time as WitkinVI I. Inc., or its I1ssigns, shall have completely developed its buildingof homes on land presently owned by Witkin"VII, Inc., or on ll1nd it mayhereafter acquire in Sections 36, 25 and 26, Township 2 South, Range 69\';est, of the Sixth P.H., Jefferson County, Colorado. No bu1,lding, exceptliS hereinl1bDvc prDvided, shall bi ere~ted, altered,placed, or permittedto remain on any lot other than one, detachedr"single family dwelling not toexceed two nnd one-half stories in height and,a'private garage for notmore than three Cl1rs, except that Witkin VII,:'"Inc~, or its detl1gnees mayerect IInd use single family dwellings as show h'omes and sales officesfor snles purposes, field construction offices,;"storage facilities and,s~nernl husiness offices. '

WHC:REAS.IHtkin VII. Inc., a Colorado corporation, is the owner ofthe following dcscribed real property, situate i,n the County of Jefferson,State of Colorado. "

Lots 252 to 319 inclusiveLAKE ARBORFILING NO.2Jefferson County, Colorado.

~O\.;. THEREFORE, said owner docs for itself, it grantees, successors11nd 118signs. hereby declare, impose and establish conditions and protec­

tive covenants with respect to the real prop~~ty above described as [01-

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PROTECTIVE COVENANTS

2235 759I'RO,!: ..ECTIVI~ COVENANTS -- PAGg 2.

No hou/le l railer, camping t rni1ur, boat::"'trai1er, hauling trniler,ruuulnR geur, or buat or nccessories thoreto, truck of nny type or van,,111111he parked, !Jtored or mnintllinnd on any site, including the streetlJadjoining a sit!!, unlesll the some ill stored, parked or mllintnined whollywItl1In the lIarage urea of the improved site or in tho back yard and shallhe concealed from the street by means of n fence,orothor acceptable screen.TI1III res trlctlon shn1 t not npply to commercial or othor vchichlos mnkin~:buslnes!J or service calls or deliveries to the,residence or owners of theBIl!!B, to the Association, or contractors within tho properties.

All garage doors shall be kept in a closed position so thnt thecontents therein are concealed from view from IIny other silen, from anycommonarea and from the street. " ..

Declarant, its successors and assigns, ~ndits employees, represontn­tiv!!s, aRcnts and contractors may maintain a business and sales office,construction facilities nnd ynrds, trucks, equipment, pnrking arens, modelre9Id,~ncen, di/Jplays fadUties, advertising signs nnd disp111Ys, and other

developer'B fncilities reasonllbly necessary, appropriate or customarily IIIncd reqllired during the cons t ruction" development and sales periods.

No huilding material of any kind or charllctershaU be plnced uponnny Lot except in connection with, construction approved liS herelnafter pro­v Ided. As soon as build ing materials· are ,placed on lIIiy Lot in such connec­tion, crJl19truction shllll be promptly ,commenced'nnd diligently prosecuted.

No clothes lines, drying yards,·'ifcrvice yards. wood piles or storageurena I1hl111be so located as to be ,v:.sible" from a Street.

Any exterior lighting installed'on nnyPLot',shI1U either be indirect'or of such controlled focusand"iritensity as .,~6,t,:;to!disturb the residonts

of tl1e ndJacent property •.. ,'"c:2i<:\;tb,>\~!i~~~~~~;~~l:;'E~.;~!;;'i3. DWELLINGCOST, QUALITYANDSIZE.;' No;;dwelling shall be permit ted

on uny lot at a cost of less than $9,OOO.00,bnsod upon cost level prevail­inR on the dnto these covenants are :~ecorded{:it being the intention lIndpurpose of the -:ovenants ,to assure that 1111..dw~ll1ngs shall he of a qualityof workmanship and materials substanUally;)ho:same or better than thatwhiel, can be produced olLthe date th'~8ecovlmants; aro recorded at the minimumcost stated herein for<the mlnimum"'struc'turQi:exclusiveof;,ono"'storyopen 'porches and garages, shall be nO;les;Ji,;',than"S50,squl1re fee't for "one-storydwelling, nor less than 900 squarc'{[(!'e'f$or\;;'the,Lmain: and upprr level of n ,

split-ievel dwelling,)10r less thll~'~{jOo;squa~'Q:,fect':'?!1the first. floor for

,d"":'~i":U::O~:::L~~!r;~:~!tE~II\P·~~~~l;(a). No building shaUbe' 1.0cnted;;on

to the front lot line or nearer 'than 1 foot;;to the, side lot line and noprincipal structure shall bo erected.'withinqo"foet,of IIny othor'principnl/I true lure. The lim! ta tionses tabliahed by:;~!1eZPlanned Building GroupOrdInance of any munidpal,County, 01' Statcf80vernmental authority havingJuriadictior. over zoning and construction '0£ 81ng1e family detached resid­ences in the LAKEARBORSUBDIVISION,shllll, gi>vern over the above sctbacklimitations when the governmentnl::author:i.ty;'lil1li~l1tions lire morc restric-

t i v e "~i;i',£ff-:iS1)2,{;~;!£ri~;~~,;;1(~f.~~,~fi~~~~i;~,;i,Wt~;',(b) . For the purpoB~~"~l;th:l.s':~~v;~~l1ttcav~s, steps, fenccs, nnd

open porches ahall no:. be considered'as' apart of a buildinK. provided,however, tha t th is shall' not be ~consi:rued', t.o permit any portion of abuilding on any lot to encroach 'upon nnother:10t. ,:

J '~.''.<' "/:.':" ~:~ --\~':::','-'::r '<,.~';~'~~'t~~:~:."~(""-'?<:

5. LO'f ARgAANDWIDTH. No dwellin8~shall bo erected or placed onany lot having a width of lcssthlln.S5 feet '.'at 'the minimum buildingset-back line, nor shall 'any dWellirlpt·be ;:'er'~cted or placed CJn any lothllvIng an urea of less tjlan 5,60q.sql!tiref.,:e~.{:,p,

• '~c :>,_ , {, ~<~:~::~~~.::~~<',-1.1~1h.,'''!_.<f;·~'::,·~~,:'\i~q~~Jf[~--;~r:._y"6. EASEMENTS.Easen;ent~ior":: iI1Btn'i1~'tio~ nnd maintcnnn~e of utili tics

and drainage facilities are reserved as;set',forth, in the recorded pillt,and over the rellr £lve feet of:,each;,lot;'" Within: thes.! casements nostructures, planting or other material shall be:placen or permitted toremaIn which may damage or interfere~!ith.th 'installation and mainten-ance of utilities, or which may changethed rection of flow ofdrainage channels in·thc' clIscme~ts,r:ot:2which may'obstruct or retard the

,')~,<~':;:r;:"";.'. "'.'At •

9. SIGNS. Except as is otherwise provided herein, no signs ofany k j nd 8hl1ll be displayed to the public view on any site except one signof not marc than six (6) feet square advertising that site or relll propertyinterest for sale or rent, except that Witkin VII, Inc., or its dcsigneeb

shl1ll be permitted t6 place signs on any lot or lots to advertise the prop­

erty during the development, construction and sales period.

2235 760

, 'MEMBERSHIP. The Architectural Control Commit tee is com-(a)posed of:

PROTECTIVE COVENANTS -- PAGE 3.

Lou Witkin, 3211 So •.Monroe Street, Denver, Colorado

Jack A. Witkin, 2979 So. Detroit Way, Denver, Colorado

Philip ~. Winn, 5~31 Co~~ey Way, D~nver, Colorado--,/~: ,_~;~~>..::;;;~,I,§).:::-~'::~;:~'~,?j~::.;~:,r,;: .. ;~"

A majority of the 'committee may designatea'representative to act for

it. In the event of death or resignntionof:any member of the committee,the remainin~ members shall have the,full'authority to designate a successor.

Neither the members of the committee~~;nor.,;its'designated representativeshall be entitled to any compen8atioI1~for:"service8 __performed pursuant to this

covenant. At any time after seven YI!ars from the ,date of the recording of

these covenants, the then recot;d,,~nrs,,'of a majority of the lots shall have

~;',~- -~> ,~;:.'., •

8. TEHPORARY STRUCTURES. No structure of's temporary character,

trailer, tent, shack, garage, barn or other outbuilding shall be usedon any lot at any time as a residence either' temporarily or permanently,

except if necessary. that tempor'ary 'buildings may bl;!erected and used byWitkin VII, Inc" or its designees for use,in developing and construction of

homes on the building sites. ,:,';:'~'j,',..\""'~ ,"':-: -i..~~1'.f.;.:~ ,.~.:

[low :>fwater through drainage channels in the easements. The casementarea of each lot and all improvements in it shall be maintained con­tinuously by the owner of the lot, except for those improvements for

which pub tic l1uthorityor utility company is }:~sponsible. '

7. NUISANCES. No noxious or offensive activity shall be carried

on upon any lot. nor shall anything be dona thereon w:lich may become an

annoyance or nuisance to the neighborhood. '

10. OIL AND HINING OPERATIONS. No oil drilling, oil development opera­tions, oil refining, quarrying or mining operations of any kind shall be

permi tted upon or in any lot, nor shall oil wells , tanks, tunnels, mineralexcavations or shafts be permitted upon or',in'sny lot~ No derrick or otherstructure designed for use in boring for~il or natural gaa shall be erected,maintained or permitted upon,any.lot.,,~~-;:';'i•.::,:'/', , _

. :..: :;_;~:i .,~;:: "~' .. ~:,' "~~)'>1';;11. LIVESTOCK AND POULTRY. NO'animals,"or'/livestock, or poultry of

any kind shall be raised, bred or kept on sny~lot,~xcept that dogs, catsor other household pets'may be kept provided that they arc not kept, bred,

or maintained for any commercial purpo,s~ " ",'':., .~­'T,..' ,

12. GARBAGE AND REFUSE DISPOSAI..;iNo garbage, refuse, rubbish, or cut­

tings shall be deposited on any StrE!et';,and ,Ita!; any, Lot' unless placed: in Ii

suitable container suitably located, solely~f6r the purpose of garbage

pick-up. All equipment for the storage ,ordisposal of such material shall

be kept in clean and sanitar~;JS~j;~:!;t,t,~\~,:;i;;~~~~){gt:':~~":/:~~Z;":,<J,.c ,,'

13. SIGHT DISTANCE AT INTERSEC1'IONS.,::'~~o~fence~wall, hedge or,shrubplanting which obstructs sight/lines at elevations betw~en 2 and '6 feetabove roadways shall be placed or permitted to remain on any corner lot

wi thin the triangular area formed by'the street property lines and a line

connecting them at points 25 feet fro~ the intersection of the street lines,or in the case of rounded property corner, from the intersection of the

street property lines extended. The same sight-line limitations shall applyon any lot within 10 feet from the intersection ,of a street property linewith the edge of a driveway or alley ,pavement:.':;'No tree shall be per-mitted to remain within such distances of such intersections unless the'

foliage line is maintained at sufficient height to prevent obstruction of

such sight lines., c,3,1~~4~~',~;,:~'*;,~~~;:;,.:.;,"'"111. ARCHITECTURAL CONTROL COMMiTTEE.'" ,

PROTECTIVI~ COVENA!'.'S-- PAGE 4.

2235 761

15. FENCES. No chain-link wire fence shall be erected on any lot.All other fences may be erected provided thc location and quality thereofare first approved in writing by the Architectural Committee and are con­

sistent with the rules and regulations as cstablished by the applicablezoning authorities having zoning jurisdiction over any of the real propertyaforesaid in these covenants.

17. TERM. These covenants are to run with the land and shall be bind­

ing on all parties and all persons claiming 'under them for 1 period ofthirty years from the date these covenants are~recorded, after which time

said covenants shall be automatically extended. for successive periods often years unless an instrument signed by a,majority of the then owne.~s of

the lots has been recorded, agreeing to,char:ge.,.saidcovenants in whole or

in part. ~:.~*\~~~,.:~;-:ft,~~~J;~t:~?.~.

16. STREET LIGHTING. All lots are subject to and bound by PublicService Company tariffs which are no\{ and may, in the future be filed with

the Public Utilities Commission of the State of Colorado relating to streetlighting in this subdivision, togeth(~r with rates,- rules and regulationstherein provided and subject to all future amendments and changes thereto.

The owner of owners shall pay as billed a portion of the cost of public

street 11gh ting in the subdivision ac:cording to·Public Service Companyrates, rules and regulations, including future amendments and changes onfile with the Public Utilities Commiflsion of.'the State of Colorado. '

(b). PROCEDURE. The committee's approval or disapproval as re­

quired in these covenants shall be in writing. In the event the committee,or its designated representative, fails to approve or disapprove within 90days after plans and specifications have been submitted to it, then approvalwill be deemed to have been given and construction may be started providedno suit to enjoin the construction was commenced during said 90 day period.

the power through a duly recorded ins trument to c~:mge the membership of

the committee or to withdraw from the cOllUDitteeor restore to it any ofits powers and duties.

2235 761

18. ENFORCEHENT.' Enforcement shall ,be,by, proceedings at law or inequi ty agains t any person or perr."ns':~violatingior 'attempting to violateany covenant either to restrain violation or. to-recover· damages. '

(' . - -,' .-~:-.' ,,;;

19. PEDESTRIAN WALKS. All 'pedestrian:walks'shown on a 'recorded plat,

whether located on the frontof"or on,the;rear,;of, or between a platted lot(s)shall be for the enjoyment, use:and benefit'of:the'owners of the several "

lots, their gues ts, invitees ~)'successors in;interest and/or agents or any ....other member of the general public on the premilles. No fence may be'erected on either side cf a pedestrian walk unless the location of such

fence is first approved }~,writing by the,Architectural Control Committee •..;:,..-),~y;. ~".' ',!' .. ,',;' '/~';-"' .. ',

'~> -:: "':.~; :"'-";~" -"~'<'., .'. ,'.

20 . ..sEVERABILITY." Invalidation of anyone of these covenants byjudgment or court order shall in no way affect any of the other pro­visions which shall remain in full. force and. affect."', .

_: -; :._ ~.' c.":\;~ :~

IN WITNESS WHEREOF, the undersigned officers' of

IUlVe hereunto set their hands and seals. t~i,s~.t!:.1971. ", '. ' ,,<.,