Below is a transcription of the original declarations (covenants). As it is not the original, it is listed here as a reference document. A copy of the actual original is available at the Park County government office.
Most of the covenants have expired as provided in the original declarations, the surviving text and surviving sections are listed in BOLD below. Items 3, 8, 14, and 15 are the ONLY existing covenants, and they are all called out as non-expiring water law requirements.
Recorded July 30th, 1975 by the Park County Clerk and recorder in Book 245 Page 654
DECLARATION OF PROTECTIVE COVENANTS FOR
VENTURE ’73, A REAL ESTATE SUBDIVISION
Charles E. Kauffman and Sterling E. Barclay (Grantors) are the owners of all that real property within the subdivision named VENTURE ’73 in Park County, Colorado.
Grantors hereby make and declare the following limitations, restrictions and uses upon and of such real property as restrictive and protective covenants running with the land, and as binding upon Grantors and upon all persons claiming under Grantors and upon all future owners of any part of such real property, so long as these restrictive and protective covenants shall remain in effect:
- DEFINITIONS: As used herein, the following words and terms shall have the following meanings:
Subdivision: Venture ’73
Lot: A lot within the subdivision as designated on the subdivision plat.
Outbuilding: An enclosed, covered building to be used as a garage or for other storage purposes not directly attached to the main structure which it serves. A structure used for livestock purposes is not considered an outbuilding as herein described.
Committee: Grantors shall constitute the Committee until they have sold all of the lots in the subdivision. Either Grantor may act for the Committee by signing an instrument on the Committee’s behalf specifying the action taken.
After deeds from Grantors to owners of all of the lots in the subdivision have been recorded, the Committee shall be made up on all parties owning a fee simple interest in a lot in the subdivision.
The Committee may then act
(a) By a written instrument signed by parties owning a fee simple interest in at least 24 lots, or
(b) By majority vote at a meeting called by written notice given to all parties owning a fee simple interest in a lot, at which persons owning a fee simple interest in at least 24 lots shall attend, or
(c) By the act of one or more persons appointed to act as the Committee by a written instrument signed by persons owning a fee simple interest in at least 25 lots and recorded in the real property records of Park County, Colorado.
- These covenants are made for the purpose of creating and keeping the subdivision, insofar as possible, desirable, attractive, beneficial and suitable in appearance, and guarding against fires and unnecessary interference with the natural beauty of the subdivision, all for the mutual benefit and protection of the owners of lots in the subdivision. (Italics are to indicate sections which expired on January 1, 1999.)
- Each lot in the subdivision shall be used only for residential purposes. Only single family residences and related outbuildings may be built on a lot. No mobile home, camper, trailer or other living unit designed to be transported on wheels shall be located on any lot unless otherwise approved by the Committee in writing in advance.
4. Easements and rights of way are hereby reserved as shown or described on the recorded plat of the subdivision. These are in addition easements reserved in the rights of way of each road for water and all other utilities. Unless permission Is obtained from the individual property owners, trespassing by equestrians, hikers, over snow vehicles, and others on privately owned property at places other than as provided is prohibited.
- No fence, wall or similar type barrier of any kind shall be constructed, erected or maintained on any lot, except such fences or wall as may be approved by the Committee as an integral or decorative part of a building to be erected on a lot, or for the control of livestock.
- No signs, billboards or other advertising structure of any kind shall be erected,
constructed or maintained on any lot for any purpose whatsoever, except such signs as have been approved by the Committee for identification of residences and signs used by lot owners for selling lots in the subdivision.
- No trash, ashes or other refuse shall be thrown or dumped on any land within the subdivision. There shall be no burning of refuse out‑of‑doors except in incinerators installed with the approval of the Committee. Each property owner shall provide suitable receptacles for the temporary storage and collection of refuse and all such receptacles shall be screened from public view and protected from disturbance.
- No animals, livestock, or poultry (except dogs, cats, and other pets for household enjoyment and not for commercial purposes) shall be kept, raised or bred in the subdivision.
- Upon advice of the State Forest Service, it is recommended and requested that all lot owners thin and clean the area of lodge pole pines (living and dead) on their property. This thinning and cleaning shall be at the approval of the State Forest Service. Other living trees naturally existing upon a lot shall not be cut, trimmed or removed except for construction purposes unless otherwise approved by the Grantor.
- The minimum building set‑back lines shall be as follows: All lots except 39 and 40: 40 feet from the right of way line of all county roads, and 20 feet from all other property lines.
Lots 39 and 40: 20 feet from the right of way line of all county roads, and 20 feet from all other property lines. No part of any building shall be erected in violation of these set‑back requirements without prior consent of the Committee.
- All surface areas disturbed by construction shall be returned promptly to their natural condition and replanted in native grasses.
- No temporary structure, excavation, basement, trailer, or tent shall be permitted except as may be determined to be necessary during construction and specifically authorized in writing by the Committee, except that an owner may camp on his property, using a tent, camper, or trailer, for such period not to exceed 90 days total during ownership of property, or 30 days consecutive in any calendar year if such tent, camper or trailer is located in a manner which does not violate the set‑ back requirements specified in Paragraph 10 or the provisions of paragraph 14.
- All structures commenced in the subdivision shall be prosecuted diligently to completion and shall be completed within twelve months of commencement unless an exception is granted in writing by the Committee.
- Sewage disposal systems shall be limited to non evapo‑transpiration systems which are systems that do not wholly or primarily utilize liquid evaporation or transpiration by vegetation as a means of effluent disposal. Any effluent discharge pipes shall be a minimum of three feet below ground surface.
- Water from individual wells shall be for household use only and shall not be used
for irrigation or any other outdoor purposes. The return flow from the use of individual wells must be returned to the same stream system in which the well is located.
- No noxious or offensive activity shall be carried on within the subdivision; or shall anything be done or permitted which shall constitute a public nuisance therein; nor shall any firearms be discharged within the subdivision. All temporary structures permitted under Paragraph 12 shall be located in a manner to minimize their visibility from county roads and other lots within the subdivision.
- The conditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit of and binding upon each lot in the subdivision, and each owner of property therein, his successors, representatives, and assigns and shall continue in full force and effect until
January 1, 1999,
at which time they may be extended for five successive terms of ten years each by written approval of the owners of at least 24 lots in the subdivision,
except for covenants which include Sections 3, 8, 14, and 15 above,
relating to water use in the subject development, which shall be permanent and shall run with the land. Such approval shall be recorded in the real property records of Park County, Colorado in order to be effective.
- The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, terminated, or amended except by written consent of the owners of 70 percent of the lots, or by the Committee as set forth herein.
No amendment to Sections 3, 8, 14, and 15 shall be made to conditions, restrictions and stipulations relative to water use in the subject development without like modification of court decree in Water Court W‑7785 (74).
- If any person shall violate or threaten to violate any of the provisions of this instrument, it shall be lawful for any person or persons owning real property in the subdivision, or duly elected or appointed official of Park County to institute proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual or punitive, together with reasonable attorney’s fees for such violations.
- Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall in no way effect any of the other provisions which shall remain in full force and effect.
Recorded July 30th, 1975 by the Park County Clerk and recorder in Book 245 Page