Covenants

Edward Hawkins, looking toward inevitable future changes to Arapahoe Acres, wrote covenants for the neighborhood which are still in effect. The full text of the covenants appears below.

Recorded: November 7, 1949 Book 654 Page 492, Arapahoe Acres Subdivision — Protective Covenants on the following Described Property Situated in the CITY OF ENGLEWOOD AND COUNTY OF ARAPAHOE, STATE OF COLORADO,TO-WIT Blocks 1 to 5 inclusive, Arapahoe Acres Subdivision—Know all men by these present: That Edward B. Hawkins, the owner of the above described lots, for the use and benefit of himself and his successors and assigns, does hereby declare, represent, agree, restrict and covenant that the use, enjoyment and ownership of the above described lots shall be and the same is hereby restricted, limited, conditioned and protected as follows:

1. Land Use and Building Type: All lots in the tracts shall be known and described as residential lots. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height and a private garage for not more than two cars.

2. Dwelling Size: The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than eight hundred (800) square feet for a one story dwelling, nor less than six hundred (600) square feet for a dwelling of more than one story.

3. Building Location: No building shall be located on any lot nearer than twenty-five (25) feet to the front line, or nearer than five (5) feet to any side line or ten (10) feet to any side street line. No building shall be located nearer than five (5) feet to an interior lot line, except that no side yard shall be required for a garage or other permitted accessory building located fifteen (15) feet or more from the minimum front building setback line. No dwelling shall be located on any interior lot nearer than twenty-five (25) feet to the rear lot line. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as 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.

4. Lot area and width: No lot shall be subdivided into, nor shall any dwelling be erected or placed on, any lot having a width of less than fifty (50) feet at the minimum building setback line or an area of less than six thousand (6,000) square feet.

5. Nuisances: No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

6. Temporary Structure: 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.

7. Fences:  No fence shall be erected forward of any building setback line. This shall not be construed to prevent the erection of retaining walls nor the erection of side yard fences, subject to the approval of the Architectural Control Committee.

8. Architectural Control Committee: An Architectural Control Committee shall be maintained at all times. The approval of this Committee shall be obtained in writing before any structure is erected, any addition made to any existing structure, before the erection of any fence or retaining wall, and on all landscaping and trees, excepting only lawn and shrubbery having a potential total growth of not over four (4) feet in height. The initial Committee shall consist of Edw. B. Hawkins, Jesse M. Oldham and one architect or landscape architect. After the development is completed the Architectural Committee shall be elected by the property owners association. One member shall be an architect or landscape architect, at all times.

9. Term: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date of these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

10. 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.

11. Severability: Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.