Fox Hill Filing I

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Fox Hill Homeowners’ Association Board of Directors:


Earl Justice, President
303-651-1133

Greg Emele, Vice President
303-774-6537

Christene Amundson, Secretary
303-485-6749

Wendall Murray, Treasurer
303-678-9787

Steve Schumacher, Assistant Secretary/Treasurer
303-675-7517


Chris Guyer
303-772-2151

Monte Magill
303-774-8180

Luther Rasmussen
303-678-9112

Mary Shealey
303-776-1303

Zanny Shealey
303-776-1303



DECLARATION OF PROTECTIVE COVENANTS FOR FOX HILL

The undersigned, Phil G. Skrbina, being the owner of the Lots situated in Fox Hill does heresy adopt and charge all lots in said Fox Hill Subdivision, with the exception Outlot "A," with the following protective covenants:

1. LAND USE AND BUILDING TYPE. No building shall be erected, constructed, placed, altered or retained on any lot within said subdivision other than a single family residence and such accessory buildings as may be required for incidental use by the occupants or employees of said single family residence, or required for the maintenance of such animals as may be permitted by these covenants. Each residence shall provide for off street parking for at least four cars including the space in garage or carport. In no case shall there be off street parking except in the driveway. Each lot shall at all times be kept in a clean, sightly and wholesome condition. No trash, litter, junk boxes, containers, bottles, cans, motor vehicle bodies and/or parts, lumber or other building materials shall be permitted to remain exposed upon any lot, except as necessary during the period of construction. Each lot shall at all times be kept clear of weeds and other unsightly growth. Any tanks for use in connection with any residence constructed upon said property, including tanks for the storage of gas or oil must be below ground. Large objects such as boats, truck mounted campers, trailers or trucks shall not be maintained, stored or parked on said lots unless enclosed or screened from view of streets or neighboring lots.

2. BUILDING QUALITY. No dwelling shall be built on any lot within said subdivision at a construction cost of less than $25,000.00, based upon the cost level prevailing on the date these covenants are recorded, it being the intent and purpose of these covenants to assure that all dwellings shall be of quality 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 herein stated. Any buildings placed or maintained upon any lot in the tract shall be entirely constructed thereon and same shall not nor shall any part thereof be moved or placed thereon from elsewhere. All dwellings must contain at least 1,400 square feet of living area and at least 60% exterior masonry. All roofs shall be constructed of cedar shakes or of alternative roofing materials which, in the discretion of the Board of Directors (Board) of the Longmont Fox Hill Homeowners' Association, Inc., are of at least comparable quality, and are substantially similar in color, dimensions and appearance to cedar shakes. Such alternative roofing materials shall not be installed until the advance written approval of the Board has been granted pursuant to procedures as established by the Board. All homes shall have an attached two-car garage.

3. NUISANCES. No noxious or offensive activities shall be carried on upon any lot which may become an annoyance or a nuisance to the neighborhood. No commercial livestock or poultry feeding or processing operations shall be carried on upon any lot.

4. TERM. These covenants are to run with the land, and shall be binding upon all purchasers of lots in said subdivision and all persons claiming under them, for a period of 30 years after these covenants have been recorded after which time they shall be automatically extended for successive periods of ten years, unless an instrument in writing signed by a majority of the record owners of the lots has been recorded agreeing to change said covenants in whole or in part.

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

6. SEVERABILITY. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other covenants which shall remain in full force and effect.

7. 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.

8. SIGNS. No sign 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 the builder to advertise the property during the construction and sales period.

9. 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 providing that they are not kept, bred or maintained for any commercial purpose; and so long as such household pets do not constitute a nuisance or inconvenience to any of the residents of adjoining property.

10. OIL AND MINING OPERATIONS. No oil drilling, oil development, 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 derricks or other structures for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

11. SIGHT LINES AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines or elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangle areas 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 a street property lines extended. The same sight line limitations shall apply on any lot within ten feet from the intersection of a street property line within the edge of a driveway or alley. No tree shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

12. STRUCTURE DAMAGE. In the event any structure is destroyed partially or wholly by fire or any other casualty, said structure shall be promptly rebuilt or remodeled to conform with this declaration, or all remaining portions of the structure including foundations and all debris shall be promptly removed from said lot.

13. ANTENNAS. No television, radio or other antenna or antenna-like structure shall be permitted outside the dwelling unless it is installed in such a manner as to create no eyesore either from the street or neighboring dwellings. Said antenna shall be removed, dismantled, or moved upon receipt of owner of one complaint, from any person, whether justified or not.

14. GOLF COURSE LOTS. Each lot that borders the golf course is subject to the following additional restrictions: the property line adjoining the golf course shall be planted to pfitzers every ten feet; and no fence shall be permitted within 25 feet of the property line adjoining the golf course.

15. CLOTHESLINE POLES. No clothesline poles shall be allowed.

16. NEW STRUCTURES/RENODELING. All plans for the remodeling of any existing structure which would alter the exterior appearance of such structure in any way, and all plans for the construction of any dwelling or appurtenant structure, shall be approved by the Board of Directors (Board) of the Longmont Fox Hill Homeowners' Association, Inc., a nonprofit corporate on, prior to the commencement of remodeling or construction. Appurtenant structures shall be defined to include, but shall not be limited to, solar collectors of any kind, outbuildings (including dog houses and storage buildings), fences and walls. The Board shall have the power to waive any of the foregoing covenants under special circumstances, but always keeping in mind the spirit and intent of these covenants.

The foregoing Declaration of Protective Covenants for Fox Hill was recorded on November 2, 1973 at Reception No. 085487; was amended by instrument recorded on May 11, 1984 at Reception No. 620299; and was further amended by instrument recorded on April 4, 1994 at Reception No. 1411759.

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