HomeMy WebLinkAboutCovenantsExistingAnnieSub_05072021 J-343
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DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR ANNIE SUBDIVISION
PHASE III
Date: August , 2002,
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TABLE OF CONTENTS
Page
Declaration......... ......... ......... ... ......... ..................... ............... ...... ............1
Article I - Definitions......... ... ............ .................. ............... ...... ..........2
Article II - Membership and Voting Rights.................. ...... ...... ............... ....2
Article III - Homeowners Association... ............ ......... ...... ..........................3
Article IV -Covenant for Maintenance Assessments.,..... ................ .... .... ......4
ArticleV -Sidewalks...... ... ............ ......... ............ ...... ...... ......... ...... ... ...6
Article VI - Maintenance...... ............ ......... ............ ..................... ............6
Article VII -Utilities..... ... ....... ...................... ...... ........6
Article VIII - Architectural Controls...... ............ ......... ......... ...... ...... ............7
Article IX - Use Restrictions...... ............ ......... ... ...... ...... ......... ...... ... ... 10
Article X - Park Land Maintenance............... .................. ...... ...... ......... 11
Article XI - General Provisions... ......... .. ......... ......... ..................... ......-12
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
ANNIE SUBDIVISION
PHASE III
THIS DECLARATION is made on the date hereinafter set forth by Rosalind 1.
Smith and Roger H. Smith, hereinafter referred to as" Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the County of Gallatin,
State of Montana, which is more particularly described as:
Annie Subdivision Phase III, a Tract of land being Lot 1 of Annie Subdivision Phase II,
located in the SE 1/4 of Section 2, Township 2 South, Range 5 East, P.M.M., City of
Bozeman, Gallatin County, Montana, Plat T_-14-1
NOW THEREFORE, Declarant hereby declares that all of the properties
described above, shall be held, sold, and conveyed subject to the following easements,
restrictions, covenants, and conditions, which are for the purpose of protection the value
and desirability of, and which shall run with the real property and be binding on all
parties having any right, title or interest in the described properties or any part thereof,
their heirs, successors and assigns and shall inure to the benefit of each owner thereof.
ARTICLE I. DEFINITIONS
Section 1. "Association" shall mean and refer to Annie Subdivision Phase III
Association, its successors and assigns. The association may be incorporated as a
Montana non-profit corporation.
Section 2. "Owner" shall mean and refer to the record owner, whether one
or more persons or entitles, of a fee simple title to any Lot which is part of the properties.
Owner shall also include the purchaser under a Contract of Deed. For purposes of voting
each lot has one vote regardless of number of owners.
Section 3. "Property" or" Properties" shall mean and refer to that certain real
property hereinbefore described and such addition thereto as may hereafter be brought
within the jurisdiction of the Association.
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Section 4. " Lot" shall mean and refer to any plat of land shown upon any
recorded subdivision of the properties.
Section 5. " Declarant" shall mean and refer to Rosalind I. Smith and Roger
H. Smith.
Section 6. " Common Areas" shall mean all property that is owned by the
Association, which includes, but is not limited to waterway, park land trails, recreation
areas, retention/detention ponds, etc.
ARTICLE II. MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot, which is subject to assessment, shall be a
member of the Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot, which is subject to assessment.
Section 2. The term " Directors" shall mean the Directors of the Association
and shall consist of the following; during the first five years of the development, or until
70 % of all Lots are sold which ever occurs first, the Directors shall consist of Rosalind I.
Smith and Roger H. Smith, and a Lot Owner who shall be elected at the annual meeting
by a simple majority of the members of the Association.
Thereafter, the Directors shall consist of 3 Lot Owners, who shall be elected at the annual
meeting by a simple majority of members of the Association. The Board of Directors
shall be elected for a term set by a simple majority of the membership but not less than
one year. Each Director shall serve until replaced by his successor. Any vacancy in the
Board of Directors occurring before the next annual meeting of the members shall be
filed by the remaining Directors.
Section 3. The Directors shall have the authority to act on behalf of the
Association and its members as shall be reasonably necessary to carry out the purposes of
the Association and enforce these Covenants. The Directors shall act by majority vote.
The officers of the Association shall follow the directions of the majority vote of the
Directors.
Section 4. The Directors shall serve as the Architectural Control Committee
until and unless a majority of the members vote to have a separate Architectural Control
Committee.
Section 5. Directors shall also serve as officers which shall be designated by a
simple majority of the members at the annual meeting unless and until a majority of the
members vote to have officers elected separate and apart from the Directors.
Section 6. The duties of each of the officers shall be as follows:
a. President. The President shall preside over all meetings of the
Association. The President shall call the membership together whenever necessary. The
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President shall be the general administrative and executive officer of the Association. The
President shall perform such duties as may be specified, and exercise such powers as may
be delegated by the Association.
b. Vice President. The Vice President shall exercise the powers of the
President in the absence of the President.
C. Secret /Treasurer. The Secretary shall give notice of all meetings of
the Association, keep a record of the proceedings of the meeting of the Association and is
authorized to sign, on behalf of the Association, all records, documents and instruments
when such are authorized to be signed by the Association. He/ She shall exercise such
other duties as may be designated by the Association.
The Treasurer shall keep and maintain adequate and correct accounts of the
properties and business of the Association, including accounts of its assets, liabilities,
receipts, disbursements, gains, and losses of the Association. The Treasurer shall prepare
periodic accountings as shall be required by the Association.
Section 7. A vacancy in any office of the Association shall be filed by
appointment by the Board of Directors until the next annual meeting or his/her successor
is duly appointed or elected.
Section 8. The annual meeting of the Association shall occur on May let of
each year. Any special meeting may be called by the President, or in his or her absence,
by the Vice President. In addition, a special meeting shall be held upon call of forty-five
percent (45%) of the owners. Special meetings shall require 48 hours notice, in writing.
Notice of annual and special meeting shall be mailed to owners at the address of each
owner which is listed as such on the official plats and records of Gallatin County, as
maintained by the Clerk and Recorder, Gallatin County, or at such address as shall be
designated, in writing, by owners. The presence of members representing sixty percent
(60%) of the total votes of the membership shall constitute a quorum.
Section 9. If proposed action is favored by a majority of the votes cast at a
meeting, but such vote is less than the requisite sixty percent (60%) of the members,
members who were not present in person or by proxy may give their assent to any action
in writing, provided the same is received by the appropriate officer of the Association not
later than thirty (30) days form the date of such meeting wherein the action was voted on.
ARTICLE III- HOMEOWNERS ASSOCIATION
The Association, acting through its Board of Directors, shall have the power and
authority to take such actions shall be necessary or reasonable to care for, protect and
maintain the roads, easements, boundary fences, drainage easements and common areas;
to enforce these Covenants; to collect assessments; to set annual and /or special meetings,
and to act in any other matters set forth herein or which may serve the development,
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including the formation of special improvement districts, either public or private, for such
improvements as the Association shall approve.
The Association shall hold an annual meeting each year at such date, place and
time as shall be set by the Board of Directors. At the annual meeting, the members shall
review and approve a budget for the next year, shall elect Directors to fill any expired
term or vacant position, and shall conduct such other business as shall be reasonable or
necessary to carry out the purpose of the Association. The members shall have the
authority to set the number of Directors, which initial number shall be three.
The annual meeting of the Board of Directors shall be held immediately after the
annual meeting of the members. At the annual meeting, the Directors shall elect a
President, Vice President and Secretary/Treasurer for the Association from among the
Directors, except that the Secretary/Treasurer may be a member who is not a Director.
For the purpose of determining membership, at any meeting a person(s) or entity
(ies) shall be deemed to be a member upon the recording of a duly executed deed to any
owner or upon the recording of a Notice of Purchaser's Interest or an Abstract of
Contract of Deed showing a contract purchase by an owner. The legal title retained by the
vendor selling under contract shall not qualify such vendor for membership.
Foreclosure of a mortgage, trust indenture or the termination of foreclosure of a
contract for deed wherein title is vested in the mortgage, beneficiary or original seller on
a contract or repossession of any reason of a Lot or Unit sold under a contract shall
terminate the vendee's membership, whereupon all rights to such membership shall vest
in the legal owner.
ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien for Personal Obligation of Assessments. The
Owner of any Lot by acceptance of a Contract of Sale or a deed therefore, whether or not
it shall be so expressed in such deed or contract, is deemed to covenant and agree to pay
to the Association (a) annual assessments, or charges and (b) special assessments for
capital improvements, such assessments to be established and collected as hereinafter
provided. The annual and special assessments, together with interest, costs and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien
upon the property against which each assessment is made. Each such assessment,
together with interest, costs and reasonable attorney's fees, shall also be the personal
obligation of the person who was the Owner of such property at the time the assessment
fell due.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the recreation, health, safety and
welfare of the residents in the properties, and for the maintenance, upkeep, and
prevention of damage to the common area facilities, park land and areas set out in Article
X of these covenants.
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Section 3. Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first Lot to an Owner, the maximum annual
assessment shall be $ 40.00 per Lot. Notwithstanding any other provision herein, no Lot
owned by Rosalind I. Smith or Roger H. Smith shall be subject to annual or other special
assessments unless and until such Lot has been sold or transferred to a third party.
Thereafter, annual assessments shall be determined by the Board of Director's,
provided however, that from and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may not be
increased each year more than ten percent (10) above the maximum assessment for the
previous year without the vote or written assent of sixty percent (60%) of the
membership.
Section 4. Notice of Quorum of any Action Authorized Under Section 3. Any
action authorized under Section 3 shall be taken at a meeting called for the purpose,
written notice of which shall be sent to all members not less than ten days in advance of
the meeting.
Section 5. Uniform Rate of Assessment. Both annual and special assessments
must be fixed at a uniform rate for all deeded Lots, regardless of size or location.
Section 6. Date of Commencement of Annual Assessments- Due Dates. The
annual assessments provided herein shall be paid at the closing of the sale to an
individual Owner. Voting rights attributable to property interest shall then vest. The first
annual assessment for each Lot shall be adjusted according to the number of months
remaining in the calendar year. Written notice of the annual assessment shall be
established by the Board of Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by and office for the Association setting
forth whether the assessments on a specific Lot have been paid.
Section 7. Delinquent Dues and Assessments. After any dues or assessments
have been delinquent for a period of two months or more, the Association may mail to
the Owner a Notice of Delinquency. After any dues or assessments have been delinquent
for a period of four months or more, the Association has given notice of delinquency 30
days in advance, which shall be filed in accordance with the provisions of Title 71,
Chapter 3, M.C.A. The Association shall have all rights and remedies as provided herein.
The Declarant and each Lot Owner, by entry into an agreement to purchase a Lot
and taking title to the same, waive the right to protest any special improvement district
created and of public record in existence prior in time to Owner receiving title to any Lot.
In this regard, Owner, prior to taking title to a Lot, is advised to review or seek advice
with respect to the public record in the Gallatin County Clerk and Recorder's Office.
Further, each Lot owner waives the right to protest the creation of a Park Maintenance
District whose purposes will be to maintain, improve, and restore or replace all parts,
open space common areas, and trials with this subdivision.
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ARTICLE V. SIDEWALKS
Construction of City standard residential sidewalks fronting private lots on Roger'
s Way and Rose Avenue need not to be completed prior to issuance of building permits
for the adjoining lots. However, construction of said sidewalks must be completed prior
to occupancy of any structure on the subject lots. Upon the third anniversary of the plat
recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalks shall, without further notice, construct within 30 days said sidewalk for their
lot(s), regardless of whether other improvements have been made upon the lot. This
condition shall be included on the plat and in the covenants for the subdivision.
ARTICLE VI-MAINTENANCE
Owners are required to establish lawn or other suitable landscaping for their Lot.
They shall also mow, irrigate, control noxious weeds and otherwise maintain their Lot
and the right—of—way boulevard that adjoins their Lot so that the landscaping does not
detract from general appearance of the subdivision in the opinion of the Architectural
Control Committee. To prevent the potential for groundwater contamination, the amount
and type of chemicals applied to yards shall be restricted to acceptable standards.
In the event that the need for maintenance or repair or weed control is caused
through the willful or negligent act of the Owner, his family, guests or invitees, the costs
of such maintenance or repairs shall be added to and become a part of the assessment to
which such Lot is subject. For purposes of this Article, maintenance and repair caused by
willful acts of the Owners shall include maintenance and repairs required as a result of
utility repairs or other action or contractors or agents of the Owner performed outside the
boundary of his Lot.
In the event that the need for maintenance, repairs, and replacements of common
areas and park land, or weed control is needed, the cost shall become a part of the
assessment to which all Lots are subject.
The covenants and restrictions of this Declaration on exterior maintenance shall
run with and bind the land and shall inure to the benefit of and be enforceable by the
Association and the Owner of any Lot subject to the Declaration.
ARTICLE VII- UTILITIES
Section 1. Refuse Disposal. No part of the above-described property shall be
used or maintained as a dumping ground for rubbish, trash or garbage. All waste shall be
kept in sanitary containers.
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Section 2. Easements. At no time will patios, barbecues or other permanent
structures be erected upon any utility easement within the exterior boundary of a Lot.
Fencing of a permanent nature shall be permitted only if it is of a type that is easily and
quickly removed in the form of panels, gates or other similar units of construction.
Section 3. Reservations of Utility Easements. Each Lot in the above
described property shall be subject to an easement for the purposes of construction,
operating, maintaining, enlarging, reducing, removing, laying or relaying lines and
related facilities and equipment's for utilities including but not limited to those providing
heat, communications and electrical power. Prior to installation of fences owner shall
check with City Planning and Building Department for necessary permits and /or
appropriate location for fences.
ARTICLE VIII- ARCHITECTURAL CONTROLS
Section 1. Temporary Structures, Trailers Forbidden. No structure of a
temporary character, mobile home, manufactured home, trailer, basement, tent, shack,
garage, or any other outbuilding shall be used on any Lot at any time as a residence either
temporarily or permanently, All structures shall be new construction and must be
maintained in a reasonable manner to present a neat and attractive exterior appearance.
Section 2. Landscape Plan. Landscaping shall be completed with twelve(12)
months after the Owner's first occupancy of the residence. As part of the landscape plan
the requirement for boulevard trees shall be as required by the City of Bozeman and a
minimum of three(3)trees shall be maintained with a minimum caliper of 2 inches on the
boulevard. Corner Lots to maintain a minimum of five(5) boulevard trees. All yards
shall be planted with grass and kept in a well-maintained condition free of noxious
weeds. All front yards in addition to be Boulevard shall each have a minimum of three
(3)trees minimum caliper of 1 1/2 inches and six feet in height. All rear yards shall also
have a minimum of 3 trees with in the same caliper and height as front yard. Before
boulevard trees are planted owner must receive necessary permits from the City of
Bozeman Forestry Division or other applicable agency.
Section 3. Minimum Residence Requirements, All single story family
dwellings shall have a minimum of 1500 square feet of floor space, together with at least
a double car attached garage. All two story family dwellings shall have a minimum of
1500 square feet, with at least 800 square feet at or above grade. Except for the allowable
square footage on a second story as defined above, all square footage requirements must
be at or above grade and exclude basements, garages carports, porches, etc. It is the
intention of this Covenant to ensure that all dwellings shall be of a quality workmanship
and materials substantially the same as or better than other dwellings in the development.
All plans must be approved by the Board of Directors or their assigned representatives as
set out in Article II Section 2.
Section 4. Exterior Siding. The exterior siding of the structure shall
consist of wood, wood look—alikes or wood products, brick, stone, stucco or other
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manufactured exterior good quality materials, including insulated metal or vinyl siding.
However, no sheet or panel metal siding nor cement block siding is allowed. No panel
siding similar to T1-11 siding or plywood sheet siding is allowed.
Section 5. Roofs of Structures. The roofs shall be covered with shakes,
asphalt shingles, tiles, or shingles and no rolled roofing shall be allowed. Exposed
aluminum or silver flashing around the chimneys or roof valleys shall not be allowed
unless colored, textured or painted to match the roof design and color. Rain gutters are
allowed, provided the same are colored to match the trim or color of the roof. Steel
galvanized gutters are not allowed. The roofs shall have a minimum pitch of 6/12.
Further, all structures shall be constructed so that the roof overhand and gable ends are a
minimum of 12 inches. No house front roof plane shall be more than 30 feet without
interruption.
Section 6. Color of Structures. The primary home siding exterior colors of
the structures shall be earth tones, and complimentary accent colors, and no gloss white
or wood colors. No bright or shiny colors or exterior siding shall be allowed. For
example, bright oranges, royal blues, pinks, purples and like bright colors are not
allowed. Colors are to be compatible with the balance of the neighborhood.
Section 7. Exterior of Structures. The exterior design, style and colors
of each of the outbuilding and structures on a Lot shall conform to the design, style and
colors of the residence. Roof facial trim on any structure constructed on the real property
which is the subject of this Declaration shall extend downward on the roof and be visible
for at least 6 inches. The building should be a visual combination of forms that does not
give a"box" appearance. Breaks in the roof lines and wall lines that add interest to the
form and help define the design of the building are encouraged.
Section 8. Entrances. The main entrance to the living structures
constructed on the real property which is the subject of this declaration shall be
architecturally defined and enhanced by incorporating an entry porch or gable extending
over the entrance denoting a sense of arrival. It shall provide weather protection and
visual definition and be a minimum depth of 4 feet and 10 feet in length.
Section 9. Garages. Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are encouraged to be clearly subordinate to the
dwelling, A subordinate garage has one or more of the following characteristics:
a. The area of the garage vehicle door(s) comprise forty percent or less of the total
square footage, exclusive of any exposed roof areas, of the principal facade of the
dwelling; or
b. The facade with the garage vehicle entrance (s) is recessed at least four feet
behind the facade of the dwelling containing the main entry; or
c. The principal facade of the dwelling has been emphasized through the use of
architectural features such as, but not limited to, porches, fenestration treatment,
architectural details, height, orientation, or gables, so that the nongarage portion of the
residence is visually dominant.
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Alternative means of addressing the intent of this section will be considered.
Section 10. The height of all structures erected within the confines of the real
property, which is the subject of this Declaration, shall be controlled by the zoning and
other appurtenant regulations enacted by the City of Bozeman.
Section 11. Accessory Buildings. All necessary buildings, such as garages
and storage buildings shall be architecturally compatible with the residence on or being
constructed on the Lot and shall meet all provisions within the City of Bozeman zoning
ordinance.
Section 12. Fencing. Backyards and sideyards may be fenced with wood
or material that look like wood. The front yard toward the public road shall not be fenced.
No chain links or wire fences shall be allowed. Fences shall be maintained in good
condition and no more than 6' in height.
Section 13. Antennas and Satellite Dishes. In no case shall a satellite dish
exceed 30 " in diameter.
Section 14. Driveway Light. Each Lot shall install and maintain a driveway
entrance street light. The light shall be placed at the entrance to the personal driveway at
the time of construction of the premises. Each light shall be uniform throughout the
subdivision as set out on the detail on page 10 of these covenants.
Section 15, Dog Kennels. Dog kennels are allowed provide they do not exceed
10 feet by 20 feet in size and are located in the rear yard and totally screened by a solid
wood fence from the neighbors' view. Such kennels are to be kept in a clean and odor
free condition at all times.
Section 16. All garbage and trash shall be placed and kept in covered
containers, which shall be maintained so as not be visible.
Section 17. Outside clothes lines or other outside clothes drying or airing
facilities shall be maintained exclusively with a fenced service yard and shall not be
visible from neighboring lots or any other lots.
Section 18. There shall be no exterior fires whatsoever except barbecue fires
contained with receptacles. The burning of trash, organic matter, or miscellaneous debris
shall be prohibited whether in the open or in trash burning receptacles.
Section 19. Architectural Control Committee Approval. No buildings,
construction, parking, fence, wall or other improvements shall be placed constructed,
erected, repaired, restored, reconstructed, altered remodeled, added to or maintained on
any Lot or area until building and site plans and specifications, and such other
information as the Committee may reasonably require including, without being limited
and approved by a majority of the Architectural Control Committee in writing, nor may
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the same be commenced until the Architectural Control Committee shall have issued a
permit allowing such improvements.
Section 20, Minimum Building Standard Requirements. The Architectural
Control Committee shall require that all construction complied with the provisions of the
following standard codes or their amendments:
(1) Uniform Building Code;
(2) International Conference of Building Officials;
(3) National Plumbing Code;
(4) National Electric Code;
(5) National Fire Protective Association;
(6) Bozeman Building Code.
Section 21. Plan Rejection. The Architectural Control Committee shall
have authority to reject materials, designs, submitted with plans or the plans themselves if
they are not compatible with, or are inappropriate for the rest of the subdivision.
Section 22. Construction Compliance. All improvements, construction,
reconstruction, alterations, or remodeling requiring the approval of the Architectural
Control Committee must be completed in substantial compliance with the plans and
specifications initially approved by the Committee. All such construction must be
completed within one (1)-year form the date construction is commenced.
Section 23, Enforcement, The Architectural Control Committee shall have
the power, authority, standing and right to enforce these covenants in any court or laws or
equity when it reasonably believes the same have been violated, and shall have the
authority to revoke or suspend building permits and `or order suspension or cessation's of
any construction or work in violation of these covenants or of any permit issued by the
Committee.
Section 24. Fees. A reasonable fee not to exceed $75.00 will be charged for
approval of any plans. Said fee may be changed by the Board of Directors as set out in
Art. IV.
Section 25. Liability. The Architectural Control Committee or the
individual members thereof may not be held liable by any person for any damages which
may result from Committee action taken pursuant to these covenants which may result
from correction, amendment, change or rejection of plans, the issuance of building
permits or delays associated with such action on the part of the Committee.
ARTICLE IX- USE RESTRICTIONS
Section 1. Residence Occupancy Restrictions. No residence or other
structure erected on the real property, which is the subject of this Declaration, shall be
used for any business type activity. It is the express intent to the Declarant that the real
property, which is the subject of this Declaration, be devoted to creating a neighborhood
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consisting of single—family residential units and with no more than one family with all
members immediately related. In any dwelling in which the occupants are not
immediately related there shall be no more than one person per number of bedrooms in
each unit. For example if a residence has 3 bedrooms, three unrelated persons may reside
in said dwelling. If two bedrooms then 2 unrelated persons may reside in said residence.
Those lots designated as Duplex or four plex shall have no more than two bedrooms in
each unit. These covenants and restrictions apply equally to all such duplex or 4 plex lots
with the same force and effect as to single family lots.
Section 2. Animals. No more than two total household pets 2 dogs or 2
cats or one of each may be kept provided they are confined to the Lot of their Owner.
Household pets may not be kept, bred or maintained for any commercial purposes. Pets
cannot be allowed to become a nuisance or annoyance to neighboring property Owners,
nor can they be allowed to wander at large or bark uncontrolled.
Section 3. Storage of Equipment. No Lot or adjacent street, roadway,
side yards or alleyway shall be used for the storage of any inoperable vehicle, machinery
or equipment. No Lot shall be used for storage of any articles, vehicles, equipment or
other personal property of any quantity in excess of the immediate needs and personal use
of the Owner of a Lot or the occupants and guests thereof as the case may be, and shall
not interfere with the use of enjoyment of neighboring Lots.
Section 4. Commercial Vehicles. No Lot shall be used for the outside
parking or storage of any commercial trucks, large commercial vehicles or other heavy
equipment, except as may be necessary during reasonable periods of construction.
Section 5. Recreational Equipment. All camper, trailers, motor homes,
boats, and all other recreational equipment and the like shall only be parked on or
adjacent to the Lot in compliance with the applicable zoning code. In no event shall such
equipment be parked on roads or in side yards, nor shall any equipment be parked such
that it is visible from the streets or adjacent lots for a period exceeding 3 days in any 30
days period, unless a shorter prohibition is imposed by the City of Bozeman. Storage or
location of such equipment and vehicles, in excess of the requirements of this Section,
shall occur in an enclosed garage or other screened area with such garage or screen
having been pre-approved in writing by the Architectural Committee.
Section 6. Offensive Activity
a. No noxious odors or offensive activity shall take place upon any portion of
the above-described property, nor shall anything be done thereon which may be, or may
become, an annoyance to the neighborhood.
b. No fireworks of any kind may be bought brought into, discharged or
stored on the above- described property.
C. No firearms shall be discharged on the above-described property
Any violation of city ordinances, zoning or other regulations shall be a violation
of these covenants and can be enforced by the Association or individual Lot Owners.
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Section 7. Water ways. The Owner or Occupant of any Lot shall at all
times conduct its use in a manner that will preserve the integrity of waterways within the
Common Area, including the prevention of degradation of water quality, any reduction of
increase in the flow of said waterways, or any damage to the stream bed or banks of said
waterways. The Owner or Occupant of any Lot shall not conduct or permit the conduct of
the following activities:
a. The discharge of any liquid, solid, or gas into waterway;
b. The use of any fertilizer or herbicides other than those specifically
approved by Declarant; or the polluting of waterways; or
c. Any refuse encouraging activities;
d. A 20-foot easement extending from the bank, for access and maintenance
of all waterways has been, and is hereby reserved in perpetuity.
e, No structures shall be placed within 35 feet of the high water mark of any
watercourse within this subdivision;
f. All water rights appurtenant to lands within this subdivision shall be
owned, administered and operated by the Homeowners Association.
g. No person, owner (other than Declarant)or otherwise shall divert any
waterway onto any subdivision Lot.
ARTICLE X- MAINTENANCE
The Homeowners Association shall be responsible for the maintaining, preservation, and
care needed for the improvements on the common areas open space, pedestrian facilities,
storm water facilities and dedicated park land of the subdivision. " Park". The
maintenance shall include, but not be limited to, the mowing, trimming, watering, trash,
clean up fertilizing, and maintenance of all equipment associated there with. The
maintenance contract shall be bid and awarded annually, and paid through the
Homeowners Association,
ARTICLE XI- GENERAL PROVISIONS
Section 1. Effects of Covenants on Mortgage. A breach of any of the
foregoing provisions, conditions, restrictions, or covenants shall not defeat or render
invalid the lien of any mortgage or deed of trust made in good faith and for value on any
Lot, or portion of any Lot, and any improvements thereon, but said provisions,
conditions, restrictions and covenants shall be binding upon and effective against any
Owner thereof whose title thereto was acquired by foreclosure, trustee sale or otherwise.
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Shelley Vance-Gallatin Cc MT MISC 102.00
Section 2. Waiver of Right to Protest. Each Lot Owner waives the right to
protest the creation of RID'S and SID's as required by the Bozeman City Commission as
a condition of final plat approval, including, but not limited to, any district created for
a city wide park maintenance or otherwise. Should city create said district the district fees
collected by the Homeowners Association for park maintenance shall cease.
Section 3. Incorporation by Reference. In any conveyance of the lands
covered hereby, it shall be sufficient to insert a provision therein to the effect that the
conveyance is subject to this restriction and covenants contained in this document,
without setting forth such restrictions and covenants verbatim or in substance in such
conveyance.
Section 4. Enforcement. Enforcement of these covenants shall by procedure
of law or in equally against any person or person violating or attempting to violate any
covenants, and the legal proceedings may be either to restrain the violation of the
covenants or to recover damages, or both. Each person who has been found by a court of
competent jurisdiction to have violated one or more of these covenants shall be liable for
any attorney's fees and costs incurred in connection with the litigation. The failure of any
Owner or Owners of any Lot to enforce any of the restriction set forth herein shall be
personally binding upon any person, persons, or corporation, only with respect to
breaches committed during its, his or their ownership of or title to any of said tracts and
any part thereof.
Section 5. Severalty. Invalidation of any of these covenants by a
judgment or a court order shall in no way effect any of the other provisions, but they shall
remain in full force and effect.
Section 6. Amendment. The covenants and restrictions of this Declaration
shall run with and bind the land, for a term of twenty(20) years from the date this
Declaration is recorded, after which time they shall be automatically extended for a
period often (10) years. This Declaration may be amended by an instrument signed by
the Owners of not less than sixty percent (60%) of the Lots, each Lot being entitled to
one (1)vote.
Not withstanding the foregoing, the Declarant reserves the right to modify and amend
these Covenants at any time during the first five(5) years following the filing of the final
plat. No amendment of modification to these Covenants shall be effective to the extent
the same was a condition of final plat approval required by the Bozeman City
Commission without the express written consent of the Bozeman City Commission,
IN WITNESS WHEREOF, the undersign being the Declarant herein, has
,
hereunto set their hand the '� day of - , 2002.
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Rosalind 1. Smith Roge meth
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Shelley Vance-Gallatin Cc MT M1SC 102.00
STATE OF MONTANA }
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County of Gallatin }
On this day of August 2002, before me, a Notary Public for the State of
Montana, personally appeared Rosalind I. Smith and Roger H. Smith, known to me to be
the Declarants, and acknowledged to me they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal as of the day and year first above written.
S IL
Not ublic for the State of Montana, Donald E. White
f l E' Residing at Bozeman, Montana
�+ .r My Commission Expires:
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