RESTRICTIVE COVENANTS FOR PARK LAND ESTATES OF WELD COUNTY
A planned unit development (P.U.D.) consisting of the North 112, Section 8,
Township 1 North, Range 68W of the 6th P.M.,Weld county, Colorado.
1. DEDICATION AND INTENT -
The Park Land Associates (P.L.A.), a group of airplane enthusiasts,
having pooled their money, talent and considerable effort,
have planned and created an exclusive residential
community, the Park Land Estates (P.L.E.) consisting of dwelling
sites having taxi easements radiating to an unique common
real property area of joint ownership and responsibility consisting
of approximately (40) acres dedicated to the use of and for
their aircraft and that of their guests.
Further, the P.L.A. not wishing or intending to cause a noise or
hazard nuisance to either the public or to its own people do agree
to limit any and all aircraft to be based on the P.L.E. to the light
aircraft standards as defined by the Federal Aviation Administration
(FAA.). Also, all such based aircraft shall comply with any
and all regulations as enforced by the F.A.A. and the Environmental
Protection Agency (E.P.A.) as empowered by the 92nd
Congress in the Noise Control Act of 1972.
2. RESTRICTIVE COVENANT AGREEMENT -
All lot owners in the P.L.E. - P.U.D. shall be members of Park
Land Estates, Inc., a Colorado corporation (P.L.E., Inc.) and
shall be governed by these rules and covenants. The enforcement
of these rules and covenants shall be the responsibility of the
P.L.A. Trustees in accordance with paragraph 5. hereof.
3. OWNERSHIP AND USE OF COMMON REAL PROPERTY -
Certain property identified on the P.L.E. Final Plat will be
developed and beneficially owned by P.L.E., Inc. and such
property will be jointly used with equal privileges and responsibilities
by all members of the P.L.A. and dedicated toward their
pursuit of recreational sport flying and related activities.
4. CONTENTS OF COMMON REAL PROPERTY -
Approximately (40) acres consisting of a runway with its necessary
clear areas to be built to F.A.A. utility aircraft standards.
A tie down, hangar building area for the exclusive use of all
P.L.A. members and guests aircraft storage and display. Additional
improvement to be included within this area may consist
of, but not be limited to club house building, maintenance equipment
and storage building, underground gasoline storage and
parking area for autos.
An open area of approximately (4) acres dedicated for picnic activities,
recreational sport activities (tennis, swimming, etc.) and
similar common areas.
5. RESPONSIBILITIES
P.L.E., Inc. shall be solely responsible for all maintenance, taxes
and improvements of the common real property. Internal
governing by-laws necessary for a democratic use of these
premises shall be the responsibility of the P.L.A. trustees, which
is in accordance with Trust Agreement dated August 27, 1972
and, said trustees shall have powers as are necessary to bring suit,
negotiate and do all other necessary things to enforce these
covenants for and on behalf of the owners of lots in the Park Land
Estates subdivision in Weld County, Colorado. Title to all Common
Real Property shall be vested in the Trustees for the period
of duration of these covenants for the use of the members of
P.L.A., Inc. The Trustees are further empowered to levy such assessments
against the owners of lots in P.L.E. as shall be
reasonably necessary from time to time to off-set expenses incurred
for the maintenance, taxes and upkeep of the Common
Real property. Any such assessment shall be required to be paid
in full within (20) days after date of notice thereof is given to a lot
owner by registered mail. Failure by a lot owner to pay such assessment,
when due, shall mean the Trustees shall have a right to
(a) file a lien upon the lot against which the assessment is levied
and (b) bring an action for judicial foreclosure of said lien in accordance
with the laws of Colorado. Any such unpaid lien shall
bear interest at the rate of (12%) per annum from the date of its
filing. The owner of the lot charged shall also be responsible for
all costs, expenses and reasonable attorney fees incurred on
account of any such foreclosure.
6. ARCHITECTURAL CONTROL COMMITTEE -
There will be an Architectural Control Committee (AC-C.) to
consist of (6) members of P.L.E., Inc., who shall be appointed by
the P.L.A. trustees or as appointed by their successors after the
time the trust is dissolved.
Each A.C.C. member will serve a term of (3) years, beginning
on the date that he received and accepted appointment to serve.
In the event of the death, inability or refusal to act of any of the
A.C.C. members, the trustees (or their successors, if the trust has
expired) may appoint a substitute A.C.C. member; and such
A.C.C. member shall thereupon succeed to all the rights and
duties of his predecessor.
7. ACTION BY ARCHITECTURAL CONTROL COMMITTEE -
The A.C.C. may provide rules governing its procedures pertaining
to a quorum, application forms, posting of notices and similar
matters. It is expressly provided that any person acting pursuant
to an instrument in writing signed by one or more members of the
A.C.C. and by its terms purporting to reflect a duly authorized action of
the A.C.C. shall be duly protected in the premises and shall
not thereafter be enjoined, restrained, hindered, delayed or
penalized in such regard. (The P.L.A. trustees are hereby empowered
to enforce the rules promulgated by the A.C.C., and such
enforcement may be pursued at law or in equity in any Colorado
Court of competent jurisdiction). Enforcement shall be by
proceedings at law or in equity against any person or persons
violating any covenant to restrain violations or to recover
damages and shall in no way subject any individual trustee or the
trustees to personal liability so long as said trustee or trustees
were acting in good faith in accordance with the tenor of these
covenants.
8. SEVERABILITY -
Invalidation of any one of these covenants by judgment or court
order shall in no way affect the validity of any other provisions,
which will remain in full force and effect.
9. RE-SUBDIVISION -
No lot owner may re-re-subdivide z his property until after June 6,
2053, and then, only if the Weld County authorities and the State
Division of Water Resources(and/or their respective successors)
are assured that water and sewer facilities are sufficient to serve
the re-subdivided lands, and that re-subdivision complies with all
of the requirements of Weld County then applicable to such resubdivision.
10. AIRCRAFT STANDARDS -
Each aircraft operator shall abide by all rules, regulations, and
standards set forth by the P.L.A. trustees or successors concerning
the operation of same in or near the P.L.E. subdivision.
It is not the intent or purpose of P.L.A. to create or condone a
commercial aircraft environment, but rather aviation of a private
or sport nature. Crop dusting, flight instruction for profit, commercial
aircraft activities and/or maintenance for profit will not
be allowed in the P.L.E. subdivision.
No visiting aircraft will be allowed to remain anywhere on the
P.L.E. subdivision for an accumulated period in excess of (10)
days during any (12) month period without written permission
from the P.L.A. trustees or successors.
Except for visiting aircraft, no P.L.E., Inc. member shall supply
parking space for any aircraft which is not owned (at least 114th)
by a P.L.E., Inc. member or a member of his immediate family.
Neither any P.L.E., Inc. member nor the P.L.A. trustees shall
knowingly allow any visiting aircraft to be anywhere on the P.L.E.
PUD until the aircraft operator responsible for the liability of the
aircraft has signed a liability release and has filed it with the
P.LA. trustees. This liability release shall release all P.L.E., Inc.
members and the trustees individually and collectively, from
liability of any kind for the aircraft, any and all occupants and contents
while any or all of these are on P.L.E. subdivision common
real property.
12. LAND USE, MAINTENANCE OF PREMISES -
a. No plot shall be used for any type of storage of house trailers,
trucks, machinery, heavy equipment, goods, wares, merchandise,
material, rock, gravel, sand, earth or the like except for the storage
of such materials in connection with the construction of the improvements.
b. No trash or other refuse may be thrown, deposited or dumped
on any lot or P.LA property. Each lot and the improvements
constructed thereon shall be kept in a sanitary and sightly condition
at all times. If the lot owner does not comply, the lot will be
cleaned by order of the P.L.A. trustees at the owner's expense.
Excessive growth of weeds on a lot is to be regarded as an unsightly
condition. Irrigation of lawn(s), gardens or other areas on each
individual lot shall be restricted to an area not to exceed 10,000
square feet per lot. The balance of any lot shall be used, inter,
for construction of a single family residence and accompanying
garage facilities.
c. No noxious or offensive trade or activity shall be conducted
as to become an annoyance or nuisance to the neighborhood, or
that could depress property security and value.
d. The aircraft runway to be constructed in P.L.E. shall not be
paved without the prior approval of the Board of county commissioners
of Weld County. At such time as paving does occur, retention
ponds shall be constructed on the premises by P.L.E., Inc. to
retain additional drainage flows resulting from the paving of the
runway. Such retention ponds shall be constructed in accordance
with plans approved by Weld County authorities. The operation
and maintenance of the ponds shall be the responsibility of P.L.E.
13. LAND USE. RESTRICTION AND LIMITATIONS -
a. Subject to Weld County and F.A.A. rules and regulations,
outside aerials or antennas, such as TV, amateur, FM, CB radio,
communications etc., must be approved by the A.C.C. before
erection.
b. Antennas must also meet Weld County, F.C.C. and FAA.
requirements for lighting and height.
c. No trees may be planted of a species where they potentially
would grow to a height contrary to F.A.A. recommendations in
regards to the safety of the normal traffic pattern.
d. Overnight parking of vehicles of any type will not be permitted
on streets or roadways.
e. No partial vehicle, part from a vehicle, vehicle under construction
or repair, damaged aircraft or non-operable vehicles
shall be stored or parked in the open or plain view at any time.
Exceptions will be for displays only and permission must be in
writing from the P.L.A. trustees or successors.
f. Only currently airworthy aircraft and operable vehicles (including
utility vehicles with current licenses and state inspection
stickers, (if required), will be allowed to park on the common runway
or adjacent facilities.
g. No vehicle other than aircraft or airpark maintenance
vehicles shall be operated or parked on taxiways or runway at any
time.
h. Illumination of any plot must be installed so as not to distract
or annoy adjoining property owners or traffic£on roadways, runways
and taxiways.
i. A.C.C. may, upon investigation, require the owner to alter illumination
sources to eliminate a light nuisance.
k. No sign or any kind shall be displayed to the public view on
any plot except:
A professional sign of not more than 1 square foot.
A sign of not more than 5 square feet advertising the property
for sale or rent.
A house street number not exceeding 2 square feet in size.
A sign naming who the residents are which does not exceed
1 square foot per resident.
Neither neon signs, nor signs of a flashing or animated nature will
be allowed.
Provided, all of the above are also subject to Weld County
regulations.
14. FENCES-
Will not be allowed within any of the aircraft taxi easements as
shown on the final P.L.E. plat. Any and all fences must be approved
by the A.C.C. prior to erection.
15. SAFETY MEASURES -
Except for heating, cooking and cleaning purposes, no flammable
liquid may be stored above ground and outside of a structure
in any container exceeding 5 gallon capacity.
16. LIVESTOCK AND PETS -
a. Pets and animals may be kept on the owners' lots as long as
the owner maintains and restricts them to the degree that they
present no safety, health hazard or nuisance to neighbors or
aircraft operations. Safety, health hazard or nuisances includes,
but is not limited to insects, noise and smell. Unleashed animals
or pets within any of the P.L.E., Inc. property or taxiways will be
considered a safety hazard. Caution is stressed toward such practice
as the aircraft shall at all times have the right-of-way within
these areas. Complaints from other members shall result in a
hearing before the A.C.C. If the A.C.C. decides that any or all
animals shall be removed from the P.L.E., Inc. member's lot. The
member shall remove the specified animals within (10)days of the
decision.
b. Only (3) major animals of (80 pounds or more) will be allowed
on any lot.
c. More than (3) major animals may be allowed by the A.C.C.
provided that in their opinion the animals will be properly cared
for, and will not constitute a nuisance of any kind to any part of
the balance of the community, and that the keeping of such
animals shall be in accord with Weld County regulations.
d. The raising of livestock for commercial gain is disallowed as
this is primarily a residential community.
e. Care of all animals and household pets must be in a manner
consistent with good animal husbandry.
17. TEMPORARY AND/OR PERMANENT STRUCTURES -
a. Temporary residence facilities will be governed by Weld
County regulations.
b. No structure, addition thereto, or modifications thereof shall
be started, placed, erected, installed or completed without written
approval of the A.C.C. and the proper Weld County permit.
c. Two sets of plans which clearly illustrate any proposed structures
locations, layout and standards of construction shall be submitted
to the A.C.C., one set shall be returned to the member
submitting, with the comments of the A.C.C. attached thereto.
The other set shall be retained by the A.C.C. for use in inspection
of the structure by members of the A.C.C.
Should the A.C.C. fail to approve or disapprove said plans within
(10) days after submission, then such approval will not be required
and the requirements of these covenants will be deemed
to have been met. The member will allow the A.C.C. to inspect
the structure at any reasonable time during construction as often
as deemed necessary by the A.C.C.
It is not the purpose of these covenants to restrict either the style
of architecture or the type of materials to be used in building construction.
It is anticipated that there will be a great variation in
these areas. However, structures such as unattractive pole barns
or hangars, unfinished corrugated sheet metal siding and/ or roofing
and other materials and methods comparable to these will not
be allowed.
No residence or building shall be erected such that any part is
within 50 feet of any street or 30 feet from any lot line or taxiway
easement. Special cases will be considered where the owner
shows that hardship is created by peculiar lot geometry, and subject
also to any variance requirement imposed by Weld County regulation.
The exterior of any building shall be completed within one year
after foundation work is begun. The A.C.C. will be notified as to
the beginning date prior to commencing construction.
Any residence having a maximum of (2) stories shall have a minimum
"main living floor area of 1200 square feet. "Main living
floor area" excludes any patio, porch, attic, garage, breezeway,
workshop, basement or similar, except any basement having at
least (40%) of its average interior wall height above grade may
be considered "main living area provided this area is finished to
livable standards.
Total height of any structure, exclusive of chimneys, will not be
more than (25) feet above the finish grade. Finish grade shall not
exceed more than (2) feet above existing natural grade unless additional
grading is proven to be necessary for proper drainage.
No outbuilding of more than 2,500 sq. ft. may be constructed on
any lot. Open faced structures shall be screened by fences or
plantings in such a way they do not present an objectionable view
from the street or adjacent sites.
No part of any building or structure shall be within any aircraft
easement, or within a distance from the runway which would conflict
with F.A.A. recommendations.
18. MAINTENANCE OF WATER AND/OR SEWER MAINS. FACILITIES AND
STORM DRAINAGE -
The P.L.A. trustees shall be responsible for the operation, repair
and maintenance of all water wells, pumps, water, sewer and
storm drainage mains and facilities within the P.L.E. community.
Septic systems, water and sewer laterals extending from a lot line
to an individual residence shall be the responsibility of the owner
of the residence served by same. The P.L.A. trustees are empowered
to levy such assessments against the owners of lots in the
P.L.E. subdivision as shall be necessary from time to time to ex-
.exercise the intent of this provision. Payments and enforcement for
the collection such levies and/or assessments shall be accomplished
by the P.L.E. trustees in the same manner as
prescribed in paragraph 5. of these covenants. Provided, that if at
a future date, the Agreement between P.L.E., Inc. and the Erie
Water and Sanitation District dated November 11,1974 becomes
operative, then said Agreement shall govern as to sewer mains
and facilities within the P.L.E. subdivision and the P.L.E. trustee
are hereby directed and empowered to implement the performance
of said Agreement on behalf of P.L.E., Inc.
19.- These covenants run with the land, and shall be binding on all persons
claiming under them for a period of (2) years from the date
of recording after which time said covenants shall be automatically
extended for successive periods of (5) years unless there is
executed an instrument signed by a majority of the then owners
of the plots, agreeing to change said covenants in whole or in part.
Provided, any such change shall first require approval of a
majority of Weld County Board of Commissioners before becoming
effective.
IN WITNESS WHEREOF, the trustees of Park Land Estates,
Inc. have here unto set their hands and seals on this d a y of
,1977 hereby declaring the real property first described
above to be subject to the restrictive covenants contained within.
(signed) - James R. Ernst
(signed) James R Ernst
Dean E. Cochran
(signed) Dean E Cochran
Thomas N. Gautier
(signed) Doris J. McFeeters
Doris J. McFeeters
(signed) Donald A. Mobley,
Donald Mobley
(signed) Kenneth G. Tallman
Kenneth G Tallman
(signed) Pave11 D. Dugger
Darrell D. Dugger
Recorded January 18,1978 Weld County Book 820 Rec. No. 1741822
The following Addendum to Covenants was proposed to the Parkland Homeowners Association
membership at the 1989 Annual Homeowners Meeting. The membership voted to adopt these
Addendums, however formal procedures to change the Covenants were not completed. These
Addendum are used by the Board of Directors and Architectural Control Committee as guidelines.
PROPOSED ADDENDUM TO COVENANTS
PARKLAND ESTATES, ERIE, COLORADO
FEBRUARY 25,1989
The following section will replace Section 14 of the Covenants.
FENCES
These fencing guidelines are to insure that the overall appearance of the development is protected
and apply to all fences within Parkland Estates. No fence shall be constructed within any of the
aircraft taxi easements as shown on the final P.L.E. plat. No fence shall be constructed until
approved by the Architectural Control Committee.
1. Permanent Fencing
a All fencing located along streets and the first 100 feet from the street on common property
lines of a lot shall be considered decorative fencing and will meet the following criteria:
1) Any gates utilized shall blend with the decorative fence.
2) All fences shall be constructed in a professional and workmanlike manner.
3) Chain link fencing is permitted provided it uses a rigid top rail and is buffered with
landscaping to screen it from the view of the community. Screening inserts will not be permitted.
4) Wire fabric may be used in conjunction with decorative fencing to contain animals
provided it is mounted on the residence side of the fence.
b. No permanent fence shall exceed 72 inches in height.
c. No "Drive-in" metal posts are permitted as part of a permanent fence.
d. Stand alone barbed wire and/or electric fences are not permitted as permanent fences. The
use of barbed wire and electric wire may be approved when mounted to the property owner side of
a permanent fence. All electric fences must use approved electric fence units.
2. Temporary Fencing
a Temporary fences may consist of steel posts, wire and/or electric wire and can be erected
for up to 3 months upon approval of the Architectural Control Committee. No temporary fences
will be permitted within 100 feet of the street. The Architectural Control Committee may grant a
variance to this if circumstances warrant.
3. Fire Hydrant Clearances
a No fence shall be erected that hinders or obstructs access to any fire hydrant or which
encroaches w i t h a radius of 6 feet of a fire hydrant.
4. Fencing Maintenance
a. Each lot owner in Parkland Estates will be required to maintain all fences erected on his lot.
All fences shall be maintained in such a way as to not create a safety hazard or unsightly
appearance to others in the community. Any fence in disrepair and requiring maintenance to
restore it to function and/or reasonable appearance shall be repaired by the lot owner within 60
days of notification by the Architectural Control Committee. It is the responsibility of the lot
owner to notify the committee if repair is not possible within this time. The Architectural Control
Committee may grant extensions to this time if circumstances warrant.
The following section will be added as paragraph 1 to Section 13 of the Covenants.
COMMON TAXI WAY IMPROVEMENTS
All common taxiway improvements or changes must be approved by the Architectural Control
Committee prior to any improvements or changes being made. If the improvement is paving, the
paving must meet the following requirements:
1. Taxiway must be located on the centerline of the easement.
2. Subgrade must be compacted,
3. 6 inches of compacted 314 inch roadbase must underlay paving.
4. Asphalt mix must be @x E and have a minimum thickness of 2 inches.
5. All paving must be performed with temperature at 50 degrees or higher.
These requirements may be modified in the future if better material is available at the time of
paving.
6. Width of taxiway must be 20 foot minimum.
7. Adequate culverts must be used where drainage is affected.
The following section will be added as paragraph m to Section 13 of the Covenants.
STREET/ROAD INTERSECTION VISIBILITY
Clear visibility must be maintained at all intersecting streets and driveways.
1. Street/Road Intersections - At the intersection of 2 streets or roads, clear visibility must be
maintained over the triangular area formed by a thirty (30) foot line along the edge of each road or
street from the point of intersection and a third line connecting the ends of those two lines.
2. Street/Road and Driveway Intersections - At the intersection of a road or street and a driveway,
clear visibility must be maintained over the triangular area formed by a fifteen (15) foot line along
the edge of each road or street from the point of intersection and a third line connecting the ends of
those two lines.
Any fence, structure, landscaping or vegetation within the above defined areas shall not interfere
with intersection

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