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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PARKSIDE
THIS DECLARATION, made this 15th day of October, 1971, by PARKSIDE SUBDIVISION, INC., a Colorado corporation, hereinafter called Declarant.
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described in Article II of this declaration and desires to create thereon a residential community with permanent greenbelts, playgrounds, open spaces, and other common facilities for the benefit of the said community; and
WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said community and for the maintenance of said greenbelts, playgrounds, open spaces and other common facilities; and, to this end, desires to subject the real property described in Article II together with such additions as may hereafter be made thereto (as provided in Article II) to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, Declarant has incorporated under the laws of the State of Colorado, as a non-profit corporation, THE PARKSIDE HOMEOWNERS' ASSOCIATION, for the purpose of exercising the functions aforesaid;
NOW THEREFORE, The Declarant declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the restrictions, covenants, conditions, charges and liens hereinafter set forth, which are for the purpose of protecting the value and desirability, and which shall run with the real property and be binding on all parties having any right, title or interest in the said properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
Definitions
The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
(a) "Association" shall mean and refer to the PARKSIDE HOMEOWNERS' ASSOCIATION, its successors and assigns.
(b) "The Properties" shall mean and refer to that certain real property hereinafter described, and such additions thereto, as may hereafter be brought within the jurisdiction of the Association.
(c) "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of its members. The Common Areas to be owned by the Association at the time of the conveyance of the first lot are described as Outlots B, C, D, E, F and G as shown on any recorded subdivision plat of The Properties.
(d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision may of The Properties with the exception of Common Areas as heretofore defined.
(e) "Owners" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of The Properties, including contract sellers, but excluding these having such interest merely as security for the performance of an obligation.
(f) "Member" shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section 1, hereof.
ARTICLE II
Property Subject to this Declaration; Additions Thereto
Section 1. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in the City and County of Boulder, and is more particularly described as follows:
PARKSIDE, a subdivision of a part of the City of Boulder, according to the recorded plat thereof on file in the office of the County Clerk and Recorder of Boulder County, State of Colorado.
all of which real property shall herein be referred to as "Existing Property."
Section 2. Additions to Existing Property. Additional lands may become subject to this Declaration in the following manner:
(a) Annexation of Additional Properties. Upon approval in writing of the Association pursuant to a vote of its members as provided in its Articles of Incorporation, the owner of any property may add such property to the scheme of this Declaration and subject it to the jurisdiction of the Association.
(b) Mergers. Upon a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Existing Property except as hereinafter provided.
ARTICLE III
Membership and Voting Rights in the Association
Section 1. Membership. Every person or entity who is a record owner of a fee interest in any Lot which is subject to covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for such membership.
Section 2. Voting Rights. The Association shall have two classes of voting membership:
Class A. Class A members shall be all those owners as defined in Section 1 with the exception of the Declarant. Class A members shall be entitled to (1) one vote for each Lot in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Lot all such persons shall be members and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot.
Class B. Class B members shall be the Declarant. The Class B member shall be entitled to three votes for each Lot in which it holds the interest required for membership by Section 1, provided that the Class B membership shall cease and become converted to Class A membership on the happening of any of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or
(b) on December 31, 1976.
From and after the happening of these events, whichever occurs earlier, the Class B member shall be deemed to be a Class A member entitled to one vote for each Lot.
ARTICLE IV
Property Rights in the Common Areas
Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 4, every member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Lot.
Section 2. Title to the Common Areas. The Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the Common Areas to the Association, free and clear of all encumbrances and liens, prior to the conveyance of the first Lot.
Section 3. Delegation of Use. Any member may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Areas and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
Section 4. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
(a) The right of the Association to limit the number of guests of members;
(b) The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and in aid thereof to mortgage said properties. In the event of default upon any such mortgage the lender's rights hereunder shall be limited to a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the members hereunder shall be fully restored; and
(c) The right of the Association to take such steps as are reasonably necessary to protect the above-described properties against foreclosure; and
(d) The right of the Association, as provided in its Articles and Bylaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and
(e) The right of the Association in accordance with its Bylaws, to charge reasonable admission and other fees for the use of the Common Areas; and
(f) The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded.
ARTICLE V
Covenants for Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or conveyance, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the esthetic pleasure, recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, and of the homes situated upon the properties.
Section 3. Basis and Maximum of Annual Assessments. Until January 1 of the year immediately following the conveyance of the first Lot to an owner, the maximum annual assessment shall be Fifty Dollars ($50.00) per Lot.
From and after January 1 of the year immediately following the conveyance of the first Lot to an owner, the maximum annual assessment may be increased effective January 1 of each year without a vote of the membership in conformance with the rise, if any, of the "Consumer Price Index-United States City Average for Urban Wage Earners and Clerical Workers-All Items" (as published by the Department of Labor, Washington, D.C.) for the preceding month of July.
From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above that established by the Consumer Price Index formula by a vote of two thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only for any purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a capital improvement upon the Common Area including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty per cent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (½) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of six per cent (6%) per annum, and the Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property; and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot, pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 10. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties dedicated to and accepted by a local public authority; (b) the Common Area, and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Colorado. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.
ARTICLE VI
Party Walls
Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
Section 5. Right to Contribution Runs with Land. The right of any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such owner's successors in title.
Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.
ARTICLE VII
Architectural Control
Section 1. Architectural Control. Before anyone shall commence the construction, reconstruction, remodeling, addition to, or alteration of any building, wall, fence, or any structure whatsoever, there shall be submitted to the Architectural Control Committee (herein referred to as the Committee), two complete sets of plans and specifications for said improvements, the erection or alteration of which is desired. No such structure or improvement of any kind shall be erected, altered, placed or maintained upon any Lot unless and until the final plans, elevations, and specifications therefor have received written approval as herein provided. Such plans shall include plot plans, location of structures and improvements, floor plans, fence plans, elevations, showing all aspects of dwelling and development of Lot as an architectural unit, together with the proposed color scheme for fences, roofs, and exteriors. In order to avoid unnecessary hardships, it is mandatory that all Lot owners contemplating such construction, or alteration, as mentioned above, should submit preliminary drawings in duplicate of such work to the Committee in order to obtain tentative action thereon before causing the preparation of detailed or complete drawings, plans or specifications or incurring substantial expense. One set of said plans and specifications and details, with the approval or disapproval endorsed thereon shall be returned to the person submitting same within thirty (30) days and the other copy thereof shall be retained by the Committee.
The Committee shall have the right to disapprove any such plans or specifications or grading or landscaping plans which are not suitable or desirable in the Committee's option, for aesthetic or other reasons, and in passing upon such plans, specifications, grading or landscaping plans, the Committee shall have the right to take into consideration the suitability of the proposed building or other structure and of the materials of which it is to be built, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land and the effect of the building or other structure or landscaping as planned on the outlook from the adjacent or neighboring property, and if it is in accordance with all of the provisions of this Declaration. The Committee may disapprove if the plans and specifications submitted are incomplete, or in the event the Committee deems the plans, specifications or details or any part thereof to be contrary to the spirit or intent of these conditions and restrictions. The decisions of the Committee shall be final. Neither the undersigned nor any architect or agent of the undersigned nor any member of the Committee by virtue of his membership therein on discharge of his duties required thereby shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans or specifications. No building or improvements of any kind constructed or placed upon any of said lots thereafter shall be moved without the prior written approval of the Committee. In the event the Committee fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, approval will not be required and there will be deemed to have been full compliance with the related covenants.
Section 2. Architectural Control Committee. The Architectural Control Committee shall consist of at least three persons all to be appointed by the Board of Directors of Parkside Homeowners' Association. The members of the Architectural Control Committee shall, as long as the restrictions, covenants and conditions herein set forth are in force and effect, perform the duties imposed on it as herein set forth. Neither the members of the Committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
Section 3. Landscaping. A landscaping plan shall be submitted to the Committee, at the time the house and lot plans are submitted or within sixty (60) days of the date of occupancy. Said landscaping plans to be approved by the Architectural Control Committee before commencement of landscaping. Approval or disapproval of such landscaping plans shall be in the same manner as set forth in Section 1 hereof.
Section 4. Fences. All fences shall be approved by the Architectural Control Committee and be designed and approved as an integral part of the design of the house.
Section 5. Waiver. The Architectural Control Committee may, at its discretion, waive any provision of Article VII and Article VIII of these Protective Covenants in the event there is a practical difficulty or unnecessary hardship.
ARTICLE VIII
Land Use Restrictions
Section 1. Land Use and Building Type. No structure or structures shall be erected, placed, altered or permitted to remain on any lot within the Properties other than detached single family dwellings, private garages, and other outbuildings incidental to residential use, except for lots numbered 43-4, 47-4, 51-4 and 55-4, which are planned as quadra-plex lots designed for not more than four Livings Units. An 'outbuilding' as used herein shall mean an enclosed covered structure not directly attached to the dwelling which it serves. A common or party wall between two dwellings shall be permitted if approved by the Architectural Control Committee.
No structure shall be erected, altered, placed or permitted to remain on any lot within the Properties that exceeds two stories in height, provided however, in no event shall a structure exceed twenty-four (24) feet in height from grade measured at the mid point of the front of the structure. No dormers or attic windows shall be permitted if the intent is to exceed the allowable height limitations.
Section 2. Dwelling Quality and Size. No residential structure shall be erected on any part of the described real property which is not compatable with the character, quality and amenities associated with the neighborhood as determined by the Architectural Control Committee in accordance with Article VII.
Each residence shall have off-street parking spaces of sufficient size to park not less than two cars.
Section 3. Building Locations. No building, primary or assessory, shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat.
No building, primary or assessory, on any lot shall be located within six feet of a primary or assessory building located on an adjacent or adjoining lot without the requisite firewall construction required by the then local Building and Fire Codes as promulgated by the Building Department of the City of Boulder, Colorado.
For the purposes of this covenant, 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.
Section 4. Resubdivision of Lots. No lot or lots, except Lots numbered 43-4, 47-4, 51-4, and 55-4 shall be subdivided except for the purpose of combining portions with an adjoining lot provided that no additional building site is created thereby. It is the intent of the Declarant that Lots numbered 43-4, 47-4, 51-4, and 55-4 shall be quadra-plex lots whereby four Living Units are created in a multifamily structure. For the purpose of this covenant, sale of a Living Unit to separate party shall not constitute a resubdividing of a lot. Any ownership or single holding by any person comprising the whole of one lot and part or parts of one or more adjoining lots shall for all purposes of this declaration of conditions and restrictions, be deemed as constituting a single lot. Not less than one entire lot as originally platted shall be used as a building site.
Section 5. Trees. No tree or trees, whether now growing or hereafter grown upon any part of the subject property shall be cut down without prior written approval of the Architectural Control Committee, provided however, that this restriction shall not apply unless such tree is more than two (2) inches in diameter as measured one (1) foot above grade, and provided further that this restriction shall not be construed to limit in any way reasonable trimming of any trees on any part of the subject property.
Each property owner shall plant and maintain no less than three trees at least one and one-half inch caliper, within sixty (60) days of occupancy of house. In the event the property owner fails to plant and maintain such trees, the Declarant, its successors or assigns may do so and recover the cost thereof from the property owner.
Section 6. Temporary Structures. No temporary house, trailer, tent, garage or outbuilding shall be placed or erected upon any part of said Lots and no residence placed or erected on any lot shall be occupied in any manner at any time prior to its being fully completed in accordance with approved plans nor shall any residence when completed be in any manner occupied until there is compliance with all requirements, conditions, covenants, and restrictions herein set forth; provided however, that during the actual construction or alteration of a building on any lot reasonable and necessary temporary buildings for storage of materials may be erected and maintained by the person doing such work. Such temporary storage buildings shall be removed upon completion of the construction, alteration or remodeling. The work of constructing, altering and remodeling any building on any part of the property shall be prosecuted diligently from the commencement and completed within one year of commencement.
Section 7. Trash, Etc. Each dwelling shall provide a fully enclosed area for containment of trash, garbage, bottles, leaves or other refuse. Each lot owner must provide for regular removal of garbage, and each lot at all times shall be kept in a clean, sightly, and wholesome condition and weeds shall be kept mowed. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any lot so they are visible from any neighboring lot or the street, except as reasonably necessary during the period of construction. In the event any structure is destroyed either wholly or partially by fire or other casualty, said structure shall be promptly rebuilt or remodeled to conform to this declaration or all debris and remaining portions of the structure including the foundations shall be promptly removed from the property. No noxious or offensive activity shall be carried on upon any part of the above-described real property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
Section 8. Nuisances. Boats, trailers, campers, tractors, equipment, etc., shall not be kept or stored so they are visible from neighboring sites or from the street. No elevated radio aerials or antennas (to include television antennas) and tanks of any kind shall be erected, placed or permitted upon any part of said property.
Any tanks for use in connection with any residence constructed on said property, including tanks for storage of gas, oil, must be below ground. All types of refrigerating, cooling or heating apparatus must be concealed.
Section 9. Signs. No sign or advertising of any character except for those of the Declarant and its sales agents shall be erected, placed, permitted or maintained on any lot subject to Section 10 of this Article except for a "For Sale" or "For Rent" sign not exceeding the size permitted in residential areas in the City of Boulder may be placed on the property by the property owner.
Section 10. Mailboxes and Property Identification. The Declarant shall provide, and the owner shall maintain, a commonly designed mailbox and address identification to be used consistently throughout the properties. No other mailbox or property identification to be permitted without the Architectural Control Committee approval.
Section 11. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any part of the above-described real property, except that dogs, cats, or other household animals may be kept thereon if they are not raised, bred, kept, or maintained for any commercial purpose, and do not make objectionable noises or otherwise constitute a nuisance or inconvenience to any of the residents of nearby property.
Section 12. Pets Within the Common Properties. Dogs, cats, and other household animals shall not be allowed to run at large within the Common Properties, but shall be at all times on a leash or other immediate control of its owner. It shall be the duty of the Homeowners' Association, or its representative, to notify the City Dog Warden of pets found at large within the Common Properties in violation of the Municipal Ordinances.
It shall be the duty of the Homeowners' Association to keep the Common Properties free from litter caused by and left by pets. The owners of any pets known to be at large shall be properly assessed by the Homeowners' Association for the cleanup expenses incurred.
Section 13. 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. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
ARTICLE IX
Creation of Outlots for the Use and Benefit of Certain Lots Within the Properties
WHEREAS, the Declarant has on the recorded plat of the Properties dedicated certain Outlots for the joint use of certain lots within the Properties more fully described as follows:
• Outlot H dedicated jointly to Lots 14, 15, 16, and 17
• Outlot I dedicated jointly to Lots 10, 11, 12, and 13
• Outlot J dedicated jointly to Lots 6, 7, 8, and 9
• Outlot K dedicated jointly to Lots 1, 2, 3, and 4
• Outlot L dedicated jointly to Lots 59, 60, 61, and 62
• Outlot M dedicated jointly to Lots 63, 64, 65, and 66
• Outlot N dedicated jointly to Lots 67, 68, 69, and 70
• Outlot O dedicated jointly to Lots 34, 35, 36, and 37
• Outlot P dedicated jointly to Lots 43-4, 47-4, 51-4, and 55-4
Such dedication is made for the purpose of providing ingress and egress to and from and for the use and benefit of the lots to which such Outlot is dedicated as hereinabove set forth, subject however, to the duty of the record owner or owners of the lots to which said Outlot is dedicated to bear their proportionate one-fourth share of the maintenance, repair, property tax, and other expense of their respective Outlot. In the event the benefited owners fail to maintain their respective Outlots in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon and to repair, maintain, and restore such outlot. The cost of such maintenance may be additionally assessed against the benefited lots, either as part of the general assessment or by special assessment, whichever is most feasible.
The record owner or owners of subject lots shall own because of such dedication, an undivided one-fourth (1/4) interest in their respective Outlot, subject however, to the duty of said record owner or owners to in no way obstruct or hinder the utilization of said Outlot for its dedicated purpose of ingress and egress to the specified lots which it serves.
ARTICLE X
Easements
Section 1. Easements for public utilities over and across the Common Area shall be those shown upon the recorded plat of The Properties, and such other easements as may be established pursuant to the provisions of this Declaration of Covenants, Conditions and Restrictions or as may hereinafter be granted over and across the Common Area by the Board of Directors of the Association.
Section 2. Declarant's Easements. Anything to the contrary herein notwithstanding, the Declarant hereby reserves an easement and right-of-way over all Common Areas and all Lots not conveyed, whether presently annexed or not, for its sole use for the purpose of constructing improvements, utilities and other matters including the right to erect temporary buildings to store any and all materials. Declarant further reserves the right to use any completed structure for the purpose of sales office or model home for demonstration purposes provided, however, the right to the use of completed structures by the Declarant shall not extend to any recreational facilities which may be erected. This easement shall cease when Declarant has conveyed the last Lot platted in this subdivision or any territory subsequently annexed as hereinabove provided, or December 31, 1976, whichever event occurs first.
Section 3. Maintenance Easements. Due to the anticipated style of improvements to be placed on certain lots within The Properties, an improvement may be located on or so near its property line so as to make entry upon an adjoining lot or lots a necessity incident to the maintenance, repair and/or replacement of such improvement. In the event the above situation shall exist, there shall be created because of such existence an easement six (6) feet in width running from such improvement for the maintenance, repair and/or replacement of such improvement. Construction of any structure shall be prohibited within these easements except as such structure shall be approved in writing by the ARCHITECTURAL CONTROL COMMITTEE.