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HomeMy WebLinkAboutCovenantsExistingAnnieSub_05072021 J-343 I IIII f 2080912 09�112/2002 09:29A Sh�1iaY Vano�-Gallatin Cc MT MISC 102.00 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ANNIE SUBDIVISION PHASE III Date: August , 2002, 1111111 IN 1111111111111111111111111111111111111111 20809 7 Shelley Vanoa-Gailatln Cc MT MIBC 102.00 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 2080912 II 09a112/2002 09:29A Sheller Vance-Gallatin Cc MT MISC 102.00 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. 1 I II I I IIII II 20 8091 2 Pass: a of 17 09!1212002 09.29A Sh�llay Vanoa-Gallatin Co MT MUC 102.00 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 2080912 1111111 Hill 111111111111111111111111111111111 IIII 11111111 0Pass: 5 of 17 9/1212002 09:29A gill Shelley Vanoo-Gallatin Co MT M1SC 102.00 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, 3 111 2080912 I I�IIII 1111111111111111 IN 11 09/12/2002 09:29A Sha11aY Vanoa-Sallatin Cc MT MISC 102.00 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. I 2080912 1111111 INI 1111111111111111111111111111 Page: 7 of 17 09/1212002 09:29A 1I)I I Shelley Vance-Gallatin Cc MT MISC 102.00 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. cJ Ill 111 I I 11111111111 IN 11111111111111111111 IIIIIIII 20 80 7 Shelley Vance-Gallatin Co MT MISC 102.00 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. 2080912 9�11 09e212002 09:29A II ``11��� 111111111111111 Shelley Vance-Gallatin Cc MT MISC 102.00 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 2080912 1111111111111111 IN 1111111111111111111111111111 09/12/2002{09:290 Shelley Vance-Gallatin Cc MT MISC 102.00 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. 2080912 111111 I II 1111111111111111I11111IIIIll111lIII1111 09/112/2002 017 9:29A Shelley Vance-Gallatin Cc MT MTSC 102.00 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 !Iff 111 2080912 f full fllfll Iffllf ff!!!!fflffl! Past:9/,!!! f! z,2002 09.29q Shsllay Vance-Gallatin Ca MT MISC 102.00 /�/, r//-..• i r/�;r%!is'"%./ ! ��r i /.:!.. LYjW ' ABLE 51 REZ-r L.16W • Lc:ATicr�s� /o, 2080912 09g/1212002 f 17 09:29A IIIIIII 11111111111IIII1111111111111111111111111111 Shelley Vanoa-Gallatin Co MT MISC 102.00 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 2080912 II III ��I��I 17 Page: f 09/12/200209:29A IIIII�IIII IIII III�I IIIlillllll IIIIIIIIiII Sha1Ley Vance-Gallatin Cc MT MISC 102.00 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. 1111111111111111111111 III 1111111111111111111111111111 20809191zQ 6h�11aY Vanoa—Gallatin Co M7 MISC 102.00 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. 1� I i 2080912 I III!IIIII IIII II �IIII IIIIII I IIII IIIII III IIII @911212002{09:29A I II II I 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. r c Rosalind 1. Smith Roge meth M� II I lIII�IIII II� 11III IIII 2017 o17 IIIIII IIII IIII IIIIIII i I I Shelley Vance-Gallatin Cc MT M1SC 102.00 STATE OF MONTANA } }ss. 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: .6�4 Z. � ti r 1r�