The undersigned, owners of the real property described ...
COVENANTS. CONDITIONS AND RESTRICTIONS, SHARED WELL. AND OAD MAINTENANCE DECLARATION FOR LOT 1 and LOT 2 of DE 10 SUBDIVISION A Replat of Parcel 'A', Being a Portion of the Replat of Lot 1, Garfield Villas Subdivision
The undersigned, owners of the real property described below (hereinafter "the property"), in order to protect the value of the property for its present and future owners, hereby subject all of the property to the following Covenants, Conditions and Restrictions (hereinafter "CC&Rs"), Shared Well, and Road Maintenance Declaration. Said CC&Rs, Shared Well, and Road Maintenance Declaration shall be binding upon all future owners of the property ~or any parts thereof, unless amended or terminated pursuant to the provisions herein. Any recitation of the word "Lot" shall mean any portion of the property. The property is described as Lot 1 and Lot 2 of Denio Subdivision. CC&RS: LOT CHARACTERISTICS AND USE 1. No Lot shall be used except for single-family, residential purposes and only one (1) dwelling unit ("dwellingll) shall be pennitte on any L~~. 2. Appurtenant auxil iary buildings are permitted on any-Lot.provided however, that no trailer, camper, recreation vehicle, RV, tent, barn, garage, auxiliary building or any temporary structure shall be used on any Lot as a dwelling or residence ~..ither temporarily or permanently. A temporary construction shed may be placed on any Lot tor a period not to exceed one year, for purposes of storage of tools andlor building materials only, and may not be used for residential purposes. 3. All dwellings, building and structures shall be designed and maintained in harmony
with and respect for existing structures, topography and finish grade elevations. 4. No rubbish shall be dumped on or remain on any Lot. Trash, garbage or other waste shall be kept in sanitary containers that are maintained in a clean and sanitary condition. and regularly removed from the Property. 5. No noxious, odorous, illegal or offensive activity shall be carried on upon any Lot, nor shall anything be done or maintained thereon or therefrom which may be or become an annoyance or a nuisance to the neighborhood, including without limitation continually barking dogs, or which in any way materially interferes with the quiet enjoyment of each of the respective Lot owners; Covenants, Conditions and Restrictions, Shared Well, and Road Maintenance Declaration
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6. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, provided they an: not kept, bred or maintained for commercial purposes and that they are confined withio the
Lot boundaries or restrained on a leash. 7. No sign of any kind shall be displayed to public view on any Lot, except one ("1 j sign of not more than ten (10) square feet advertising the Lot for sale or rent or one (l) si gn of not more than ten (10) square feet used by a builder to advertise during construction, or prior to sale. 8. The grounds of each Lot shall be kept in a safe and reasonable state of repair,
cleanliness and neatness. so that the Lot appearance is not detrimental to the neighborhood as a whole. Lawns shall be mowed at reasonable intervals, and undesirable weeds shall be kept under control. Disabled vehicles, components, household furniture and appliances shall not be permitted to remain outdoors, except lawn furniture in good repair. All exterior lighting must be of a controlled focus nature and intensity, and shall not disturb adjacent property owners. Any fences shall be maintained in good repair. 9. There shall be no parking as to block the driveway easement through Lot L such easement to be used for ingress and egress for Lots 1 and 2. 10. Dirt Bikes, All Terrain Vehicles, and Snowmobiles. Dirt bikes, all terrain vehicles (commonly known as ATV's), and snowmobiles shall not be operated on the Lots or on the Common Area. Such vehicles may be ridden on the existing driveways and common access road for the limited purpose of ingress and egress. 11. Discharge of Firearms. Owners shall not discharge firearms or allow their family members, guests or invitees to discharge firearms on the property except in defense of self of self or others. Target practice and shooting ranges are expressly prohibited. 12. Firewood. Firewood. manufactured logs, and the like shall be stored within the dwelling unit or garage, or otherwise screened from view. 13. No Hunting. Hunting on the Property or Common Area is prohibited. 14. Operating a Business. Lot Owners and their invitees shall not conduct a business or commercial activity on the Property except for a "home occupation" as defined and and limited in Section 12~202 of the Bonner County Revised Code and as subsequently amended. BUILDING CHARACTERISTICS 1. Minimum Dwelling Area: a.) If a dwelling has living area on only one (1) floor above grade, the minimum first floor area shall be 1,000 square feet, exclusive of garage. b.) If a dwelling has living area On two (2) floors above grade. the minimum total floor area shall be 1500 square fet.'!t,exclusive of garage. COvenants,Conditions and Restrictions. Shared Well, and Road Maintenance Declaration
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c.) Each dwelling must be provided with at least a one car garage and off-street parking for at least two (2) additional cars (such as in the driveway). No exterior storage of boats, trailers, campers, commercial and recreational vehicles shall be permitted in the driveway of any Lot, nor shall be parked on streets adjacent to the Lots for more than 48 hours at anyone time. No exterior storage of any unlicer.sed vehicles of any kind shall be permitted 011 any Lot. 2. Lot Surfacing and Stormwater Management: Erosion must be controlled on :.111 Lots. Temporary erosion control measures shall be utilized during construction and until permanent erosion control measures are established. All surfacing, grading and landscaping must be in compliance with the Stonnwater Management Plan submitted to the Bonner Countyf'Ianning Department. 3. Any dwelling, building or structure erected or placed on any Lot shall be completed, as to exterior appearance and landscaping in front and side yards, within twelve (12) months following commencement of construction.
4. All buildings must be constructed on the Lot. No buildings may be moved onto any Lot, other than prefabricated storage buildings with an area of less than 100 square feet. 5. A single digital satellite system dish not to exceed 20" in diameter will be allowed on each Lot. No other exterior radio television or other antennas shall be permitted on any dwelling, building or structure on any Lot. 6. All structures upon a Lot shall at all times be maintained in good condition and repair, and be properly painted, stained or otherwise finished. COMMON AREA 1. Common Area Designation. The Common Area 1S designated on the plat mal' and consists of open space. 2. Ownership of Common Area. The Lot Owners shall each own an undivided one half interest in the common area and which interests shall be permanently attached to and appurtenant to Lots 1 and 2. The interests in the Conunon Area may not be severed from or transferred separately from Lots 1 and 2. 3. Use and Maintenance of Common Area. The Common Area shall remain open space and used for outdoor recreational or leisure activities. Vegetation shall be maintained to prevent a fire hazard and to provide shade, sound barrier, and habitat for wildlife. No permanent structures shall be built or personal property stored in the Common Area. 4. Damage to Common Area. Each Lot Owner shall be liable for any damage to the Common Area. arising out of or caused by the willful or negligent act of the Lot Owner, his family or invitees. Restoration shall be done at the expense of the Lot Owner causing such damage.
Covenants. Conditions and RestrictiOn$. Shared Well. and Road Maintenance Declaration
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WATER SYSTEM 1. Each Lot shall have its own well.
2. Upon approval by the Panhandle Health District, each of the two (2) lots is served, or snutled ro be served, by one e)(isting water system consisting of a well located on Lot 1. A pump, pressure tanks,
valves, and controls, are
(1150
2 and Lot 2 shall have appurtenant
a part of the water system, A waterline has been run to Lot to it an easement five (5) feet in width to maintain an~.l
replace, if necessary, the existingwaterline
in the easement.
In the event a waterline
is
excavated, the Lot Owner whose line required excavation shall be responsible for restoring the affected area to the condition that existed prior to excavation.
3.
The Lot Owners shall jointly own and share the water of the well
and
4.
The well, pump, water, tanks, valves, other equipment, and easements shall be for the
water delivery
svstern ami
shall cooperate in the maintenance costs and repairs of said well and water delivery svstern, benefit of the two (2) Lot Owners, their heirs or assigns, and shall be appurtenant and 2. The individual interests in the system shall not be transferable 5.
and
LI$~
to said lots 1
to any other property.
Each Lot Owner shall be solely responsible for the maintenance of the pipeline that brandies from the well or pressure tank to such party's point of use.
6. The lot owners, and their heirs, successors or assigns shall share equally the costs to tes or treat the water, and maintain repair or replace the well pump, casing pressure tanks and other components, 7.
with each Lot Owner paying one half (1/2) of the maintenance
Electrical utility bills related to the system shall be shared commensurate
~II
costs.
with actual
USe.
If the
parties using the well cannot agree on their respective shares of the electrical charges, either
party may elect to have adequate meters installed to determine actual meters and their installation 8.
shall
be
usages. The cost of sua,
borne by all parties equally.
The use of the water from the wells shall be restricted to residential non-ccrnmerctal
purposes,
including standard domestic uses, residential landscaping and home garden irrigation, on both Lots and the Common Area. 9.
Each Lot owner shall be entitled to a pro rata share of the waters produced by the wells, that is to say, each Lot Owner is entitled to one-half (1/2) of the water.
In times of short supply all Lot
Owners shall conserve so as not to use more than such Lot Owner's share.
ROAD MAINTENANCE 1. The owners
of
shall share
the
common
the
ordinary
or any part thereof,
their
heirs, successors
and necessary costs to maintain,
the road traversing (1/2), and Lot 2-one-half
portion
Lot t-one-half
property,
of
Covenants, Conditions and Restrictions, Shared
Lot 1,
and aS$igns,
plow and repair the
in the following
proportions:
{1/2}.
well, and Road maintenance Declaration
if
2. Should any party cause any roadways traversing the property to be damaged by use other than normal residential traffic, that party shall be responsible for costs of repair b the damaged roadway. 3. In the event the owner(s) of any Lot shall refuse to pay their share of Road Maintenance costs as set forth herein, any other Lot owner(s) shall have the right to pay such costs, and/or shall have all rights in law and equity to enforce this Road Maintenance Declaration, along with any rights under the Enforcement provisions recited below.
GENERAL PROVISIONS AMENDMENTS These CC&Rs, Shared Well, and Road Maintenance Declaration shall not 1: amended, modified or changed unless an instrument to that effect is SIgned and recorded in the records of Bonner County, Idaho, by all the then record owners.
DURATION These CC&Rs~ Shared Well, and Road Maintenance Declaration shall continue in full force for a term of twenty (20) years from the date hereof after which time the same shall be automatically extended for successive periods of ten (I 0) years, unless a Declaration of Termination is recorded meeting the requirements of an amendment to this Declaration as set forth above. Invalidation of these CC&Rs, Shared Well, and Road Maintenance Declaration, or any portion of this document by Order of a court of competent jurisdiction shall not affect any remaining terms or provisions, all of which shall remain in full force and effect.
ENFORCEMENT The undersigned, any party baving or acquiring any right, title or interest in or to any part of the property or Lot, and any governmental or quasi-governmental agency or municipality having jurisdiction over the property shall have the right 'CO enforce, by any proceedings at law or in equity, all declarations, limitations, covenants, conditions and restrictions now or hereafter imposed by these CC&Rs, Shared Well, and Road Maintenance Declaration and in such action shall be entitled to recover costs and reasonable attorney'S fees from the party against whom enforcer. ent is sought or obtained. Such actions shall include the right to prevent a violation or breach of these CC&Rs, Shared Well. and Road Maintenance Declaration by restraining order and/or injunction andlor to recover damages for violation or breach thereof.
Covenants.Conditions and Restrictions,SharedWell, an Road MaintenanceDeclaration
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The undersigned, owners of the real property described below (hereinafter "the property"), in order to protect the value of the property for its present and future owners, hereby subject all of the property to the following Covenants, Conditions and Restrictions (hereinafter "CC&Rs"), Shared Well, and Road Maintenance Declaration. Said CC&Rs, Shared Well, and Road Maintenance Declaration shall be binding upon all future owners of the property ~or any parts thereof, unless amended or terminated pursuant to the provisions herein. Any recitation of the word "Lot" shall mean any portion of the property. The property is described as Lot 1 and Lot 2 of Denio Subdivision. CC&RS: LOT CHARACTERISTICS AND USE 1. No Lot shall be used except for single-family, residential purposes and only one (1) dwelling unit ("dwellingll) shall be pennitte on any L~~. 2. Appurtenant auxil iary buildings are permitted on any-Lot.provided however, that no trailer, camper, recreation vehicle, RV, tent, barn, garage, auxiliary building or any temporary structure shall be used on any Lot as a dwelling or residence ~..ither temporarily or permanently. A temporary construction shed may be placed on any Lot tor a period not to exceed one year, for purposes of storage of tools andlor building materials only, and may not be used for residential purposes. 3. All dwellings, building and structures shall be designed and maintained in harmony
with and respect for existing structures, topography and finish grade elevations. 4. No rubbish shall be dumped on or remain on any Lot. Trash, garbage or other waste shall be kept in sanitary containers that are maintained in a clean and sanitary condition. and regularly removed from the Property. 5. No noxious, odorous, illegal or offensive activity shall be carried on upon any Lot, nor shall anything be done or maintained thereon or therefrom which may be or become an annoyance or a nuisance to the neighborhood, including without limitation continually barking dogs, or which in any way materially interferes with the quiet enjoyment of each of the respective Lot owners; Covenants, Conditions and Restrictions, Shared Well, and Road Maintenance Declaration
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6. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, provided they an: not kept, bred or maintained for commercial purposes and that they are confined withio the
Lot boundaries or restrained on a leash. 7. No sign of any kind shall be displayed to public view on any Lot, except one ("1 j sign of not more than ten (10) square feet advertising the Lot for sale or rent or one (l) si gn of not more than ten (10) square feet used by a builder to advertise during construction, or prior to sale. 8. The grounds of each Lot shall be kept in a safe and reasonable state of repair,
cleanliness and neatness. so that the Lot appearance is not detrimental to the neighborhood as a whole. Lawns shall be mowed at reasonable intervals, and undesirable weeds shall be kept under control. Disabled vehicles, components, household furniture and appliances shall not be permitted to remain outdoors, except lawn furniture in good repair. All exterior lighting must be of a controlled focus nature and intensity, and shall not disturb adjacent property owners. Any fences shall be maintained in good repair. 9. There shall be no parking as to block the driveway easement through Lot L such easement to be used for ingress and egress for Lots 1 and 2. 10. Dirt Bikes, All Terrain Vehicles, and Snowmobiles. Dirt bikes, all terrain vehicles (commonly known as ATV's), and snowmobiles shall not be operated on the Lots or on the Common Area. Such vehicles may be ridden on the existing driveways and common access road for the limited purpose of ingress and egress. 11. Discharge of Firearms. Owners shall not discharge firearms or allow their family members, guests or invitees to discharge firearms on the property except in defense of self of self or others. Target practice and shooting ranges are expressly prohibited. 12. Firewood. Firewood. manufactured logs, and the like shall be stored within the dwelling unit or garage, or otherwise screened from view. 13. No Hunting. Hunting on the Property or Common Area is prohibited. 14. Operating a Business. Lot Owners and their invitees shall not conduct a business or commercial activity on the Property except for a "home occupation" as defined and and limited in Section 12~202 of the Bonner County Revised Code and as subsequently amended. BUILDING CHARACTERISTICS 1. Minimum Dwelling Area: a.) If a dwelling has living area on only one (1) floor above grade, the minimum first floor area shall be 1,000 square feet, exclusive of garage. b.) If a dwelling has living area On two (2) floors above grade. the minimum total floor area shall be 1500 square fet.'!t,exclusive of garage. COvenants,Conditions and Restrictions. Shared Well, and Road Maintenance Declaration
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c.) Each dwelling must be provided with at least a one car garage and off-street parking for at least two (2) additional cars (such as in the driveway). No exterior storage of boats, trailers, campers, commercial and recreational vehicles shall be permitted in the driveway of any Lot, nor shall be parked on streets adjacent to the Lots for more than 48 hours at anyone time. No exterior storage of any unlicer.sed vehicles of any kind shall be permitted 011 any Lot. 2. Lot Surfacing and Stormwater Management: Erosion must be controlled on :.111 Lots. Temporary erosion control measures shall be utilized during construction and until permanent erosion control measures are established. All surfacing, grading and landscaping must be in compliance with the Stonnwater Management Plan submitted to the Bonner Countyf'Ianning Department. 3. Any dwelling, building or structure erected or placed on any Lot shall be completed, as to exterior appearance and landscaping in front and side yards, within twelve (12) months following commencement of construction.
4. All buildings must be constructed on the Lot. No buildings may be moved onto any Lot, other than prefabricated storage buildings with an area of less than 100 square feet. 5. A single digital satellite system dish not to exceed 20" in diameter will be allowed on each Lot. No other exterior radio television or other antennas shall be permitted on any dwelling, building or structure on any Lot. 6. All structures upon a Lot shall at all times be maintained in good condition and repair, and be properly painted, stained or otherwise finished. COMMON AREA 1. Common Area Designation. The Common Area 1S designated on the plat mal' and consists of open space. 2. Ownership of Common Area. The Lot Owners shall each own an undivided one half interest in the common area and which interests shall be permanently attached to and appurtenant to Lots 1 and 2. The interests in the Conunon Area may not be severed from or transferred separately from Lots 1 and 2. 3. Use and Maintenance of Common Area. The Common Area shall remain open space and used for outdoor recreational or leisure activities. Vegetation shall be maintained to prevent a fire hazard and to provide shade, sound barrier, and habitat for wildlife. No permanent structures shall be built or personal property stored in the Common Area. 4. Damage to Common Area. Each Lot Owner shall be liable for any damage to the Common Area. arising out of or caused by the willful or negligent act of the Lot Owner, his family or invitees. Restoration shall be done at the expense of the Lot Owner causing such damage.
Covenants. Conditions and RestrictiOn$. Shared Well. and Road Maintenance Declaration
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WATER SYSTEM 1. Each Lot shall have its own well.
2. Upon approval by the Panhandle Health District, each of the two (2) lots is served, or snutled ro be served, by one e)(isting water system consisting of a well located on Lot 1. A pump, pressure tanks,
valves, and controls, are
(1150
2 and Lot 2 shall have appurtenant
a part of the water system, A waterline has been run to Lot to it an easement five (5) feet in width to maintain an~.l
replace, if necessary, the existingwaterline
in the easement.
In the event a waterline
is
excavated, the Lot Owner whose line required excavation shall be responsible for restoring the affected area to the condition that existed prior to excavation.
3.
The Lot Owners shall jointly own and share the water of the well
and
4.
The well, pump, water, tanks, valves, other equipment, and easements shall be for the
water delivery
svstern ami
shall cooperate in the maintenance costs and repairs of said well and water delivery svstern, benefit of the two (2) Lot Owners, their heirs or assigns, and shall be appurtenant and 2. The individual interests in the system shall not be transferable 5.
and
LI$~
to said lots 1
to any other property.
Each Lot Owner shall be solely responsible for the maintenance of the pipeline that brandies from the well or pressure tank to such party's point of use.
6. The lot owners, and their heirs, successors or assigns shall share equally the costs to tes or treat the water, and maintain repair or replace the well pump, casing pressure tanks and other components, 7.
with each Lot Owner paying one half (1/2) of the maintenance
Electrical utility bills related to the system shall be shared commensurate
~II
costs.
with actual
USe.
If the
parties using the well cannot agree on their respective shares of the electrical charges, either
party may elect to have adequate meters installed to determine actual meters and their installation 8.
shall
be
usages. The cost of sua,
borne by all parties equally.
The use of the water from the wells shall be restricted to residential non-ccrnmerctal
purposes,
including standard domestic uses, residential landscaping and home garden irrigation, on both Lots and the Common Area. 9.
Each Lot owner shall be entitled to a pro rata share of the waters produced by the wells, that is to say, each Lot Owner is entitled to one-half (1/2) of the water.
In times of short supply all Lot
Owners shall conserve so as not to use more than such Lot Owner's share.
ROAD MAINTENANCE 1. The owners
of
shall share
the
common
the
ordinary
or any part thereof,
their
heirs, successors
and necessary costs to maintain,
the road traversing (1/2), and Lot 2-one-half
portion
Lot t-one-half
property,
of
Covenants, Conditions and Restrictions, Shared
Lot 1,
and aS$igns,
plow and repair the
in the following
proportions:
{1/2}.
well, and Road maintenance Declaration
if
2. Should any party cause any roadways traversing the property to be damaged by use other than normal residential traffic, that party shall be responsible for costs of repair b the damaged roadway. 3. In the event the owner(s) of any Lot shall refuse to pay their share of Road Maintenance costs as set forth herein, any other Lot owner(s) shall have the right to pay such costs, and/or shall have all rights in law and equity to enforce this Road Maintenance Declaration, along with any rights under the Enforcement provisions recited below.
GENERAL PROVISIONS AMENDMENTS These CC&Rs, Shared Well, and Road Maintenance Declaration shall not 1: amended, modified or changed unless an instrument to that effect is SIgned and recorded in the records of Bonner County, Idaho, by all the then record owners.
DURATION These CC&Rs~ Shared Well, and Road Maintenance Declaration shall continue in full force for a term of twenty (20) years from the date hereof after which time the same shall be automatically extended for successive periods of ten (I 0) years, unless a Declaration of Termination is recorded meeting the requirements of an amendment to this Declaration as set forth above. Invalidation of these CC&Rs, Shared Well, and Road Maintenance Declaration, or any portion of this document by Order of a court of competent jurisdiction shall not affect any remaining terms or provisions, all of which shall remain in full force and effect.
ENFORCEMENT The undersigned, any party baving or acquiring any right, title or interest in or to any part of the property or Lot, and any governmental or quasi-governmental agency or municipality having jurisdiction over the property shall have the right 'CO enforce, by any proceedings at law or in equity, all declarations, limitations, covenants, conditions and restrictions now or hereafter imposed by these CC&Rs, Shared Well, and Road Maintenance Declaration and in such action shall be entitled to recover costs and reasonable attorney'S fees from the party against whom enforcer. ent is sought or obtained. Such actions shall include the right to prevent a violation or breach of these CC&Rs, Shared Well. and Road Maintenance Declaration by restraining order and/or injunction andlor to recover damages for violation or breach thereof.
Covenants.Conditions and Restrictions,SharedWell, an Road MaintenanceDeclaration
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