HomeMy WebLinkAboutWILLOWBROOK ESTATES CC&R - 19-00276 - 669 S 12th W - CUP Accessory Apartmentr. .
DECLARATION OF COVENANTS
"WILLOW BROOK ESTATES"
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TIIIS DECLARATION OWOVENANTS, conditions. and restrictions, hereinafter called "Declaration"
Is made and 6xeculsd this Z4 day of May. 19979 by U 8PARTNERS,
C..calal "ocho limited
Liability Company, of 3000 West 1000 North, Rnxhur Idaho. 03440, hereinafter
..,I Wf MESS ETH:
ARTICLE 1
PURPOSE AND DECLARATION
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1.1 Purpose. Declsmnt is owner of that certain real property described in 2.1 hereof, and desires to
divide the property into lots for residential and limited agricultural purposes only and desires to Impose upon
the property muti.ally beneficial restrictions upon improvement thereto and uses thereof.
1.2 Declaration. Declarant does hereby publish and declare that all of the property dascrjbed In 2.'1
hereof is hold and shall be held, conveyed, encumbered, leased, rented. used, occupied and improved.
subject to all of Ilse condibons, covenants, reshict'hons, uses. limitations, and obllcallons contained in Ihis
declaration, all of which are declared and agreed to be to the mutual benefit and fcr the improvement of the
said properly, and each part thereof, and the division of the property into trads, and shall be deemed to run
with lila land and shall be a burden and benefit to decloaml, its successors• assigns, heirs and personal
representatives, and any person acquiring or awning an interest In the real property and improvements
thereon, their grantees. successors, hens, personal representatives, and assignees
ARTICLE It
PROPERTY OWNED
2.1 Land DescAPtlon. The property covered by this description 13 located in Madison County, State
of Idaho and described as follows, lo-wd
BOUNDARY DESCRIPTION
Port of the Southwest Ouurler of 1116 Southwest Quarter of Section 25, Township
6 North, P•ange 39 East of the Boise Meridian, Vodisan County, Idaho, described
as follows:
Beginning o the Southwest corner of sold Section 25 and running Ifhence
N.021':i9 W. 535.00 feet along the Section lire; thenco N.89.47'53'E. 907.24
feel to the Nest tine of (he properly as descr3od in Inslvment he. 231564; thence
S.0'22'09'E. 535.00 feet along sold West Nno to the South line of sa;d Section
25, thence 5.89'4753-W. 907.27 feel along said South line (a 1110 point of
beginning, containing 11.14 acres. 4pif>''�7
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1.2 1`111119 0l Plat. Dodarent has proherYd end conlempleles r000rmng w9h this deasr_ ton a plat of
the property, under Ilia name of'Willow Brook Estates" , dividing it into elsven lots. Uses ata •estriclions
specified on the plat are incorporated herein by reference and the plat and this dodoralron shall be
construed together. Devalopsrs will build a county approved road consisting of pit nm and crushed rock,
and Install underground natural gas, electricity and telephone lines running to each lot
ART(bLE III
.GENERAL USE RESTRICTIONS r
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S.1 Let Sflze. This property has been sub -divided Into eleven lots as shown on the plot.• IVb lot as '•
delineated on the filed plat, shall be sub-dierded or In Any way reduced In size. This shall not prevent
adjoining property owners Isom making minor adjustments in their common boundary provided that each
such adjustment must first be approved in writing by the review board, established hereunder. Arid must bit .
In harmony with the general character of 'Willow Brook Estates" end must not be detrimental to the planning
concepts contained in this declaration. ses as
3.2 Use Concept. No lot shall be used except for residential and Imllod agricultural parpo
defined herein.
3.3 Residential. No b0ding shall be%reefed, Altered. placed nor permitted to remalr on anysuch
lot other than one detached single family residential dwelling, and private garage together with suds
outbuildings as may be allowed under 3 4 hereof.
3.4 Limited Agrlculturg There may be limited apriculturel use ort any lot, which is defined' s
follows:
(a) Livestock shell be restricted to no more than one adult animal per acre, or the equivalent, a5
dellned by Ilio standard rules utilasid by the Agricultural extension Agent of Madison County, Idaho, provided
not more than two pigs, raised only for the personal use of the owner shall be allowed on any IOL
(b) There shall be no mink farm, fox farm, or other fur farm
(c) There shell be no poultry operation on the premises, nor the selling of eggs or poultry. Within
the above limits, poultry may be raised for home use and consumption of eggs and meal.
(d) No commercial truck farming, fruit raising or greenhouse operation shall he unitized on the
promises This shall not prevent the sale of garden products or fruits and berdes, as Incidental to production
for family uses.
(e) There shall be no storage of farm machinery, fern trucks• or other agricultural equipment on the
promises, excepting those trucks and thnl egwpmont utilized within the limited raising of agricultural products
and livestock an the premises
(q Crops and other agricultural products shotl not be stored on the premises, except for personal,
family or household use, or Ilia storage of these proc ucts raised on the premises, or the storing of feed for
livestock on the promises
ARTICLE IV
REVIEW BOARD
4.1 Nature and Duties There Is established hereby a review board of three members which shall
have the duties and powers specified in the declaration, including, but not limited Io control of architecture of
buildings, cher improvements and landscaping, determination of disputed issues under the declaration
approval of variations and amendments, and enforcement of the covenants, conditions and resinuhons
herein.
4.2 Election and Term. emce R. Brand, F. David Elder, and Kirby J. Forbush aro hereby erected
to each serve a form of four years, effective upon recording of these declarations, and upon expiration of
their terms, members of the board shall Ihoreafter be elected to serve three year terms The review board.
at least thirty days prior to the expiration of their term of office, shag call en election to be hold, on the
property, after not less than twenty days notice In writing to each recorded tale owner of the property Three
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be allocated to each Id on the promisee. Cumulative voting shall be allowed. Nominations shall
be taken from the floor, and three persons receiving the highest number of voles, el secret ballot, shall serve
for ilia ensuing three years. In the event or the incapacity, death, resignation or Inability to serve of any
member of the board, prior 10 Ilio next ensuing election, the remaining members of the board shall designale
a successor to ill the unexpired term.
4.3 procedure The board shall elect a chalmran and a secretary. The chairman shell conduct all
meetings end the secretary shell keep min
and records of the pra.eedings of the board Any member
may call a meeting of tine board onion days prior written notice to the other two members. Meetings of the
board shall be oven t0 any property owner in Willow Brook Estates but the property owners need not be
given special notice of any meeting. A majority of the whole board shall be required to decide questions.
The board shall have ilia right to investgate. interview witnesses, and seek expert legal, engineering, or
other help Decislons of the board shag be binding upon all owners, unless arbilrety, capricious or contrary
to stale or federal law
4.4 Remedios Preserved. Tisa grent of power and authority to the review board shall not be
construed to prevent any property owner from bringing an action to restrain violation by any other party of
any of ilio torms and provisions of this declaration. 11.
ARTICLE V
ARCHITECTURAL CONTROLS '
5.1 Plan Approval. No construction of a residence, mejer altemtliin thereto, construction"of
outbuilding• bv'ding of fences or other major Improvement, or major landscaping construction, shall be
undertaken until plans for eadi such project have been submitted in writing to the review board for Its
approval. The review board shall act upon each application within two weeks of the dale or submission of
the written plan, and If the application, construction may not be dodertaken. rallure to do so may result in
the demolition of unapproved construction at the owners wvanso. In addition, the owner agrees to
reimburse the review committed for legal fees or demolition costs Incurred to enforce compkence with the
provislons of these covenants.
5.2 Harmony with Area. The plan of Willow Brook Estates Is to have a beautiful, well kept
residontial area, but with garden, pasture, and livestock and other uses not possible with smaller city lots. It
Is desired that there be no bizarre or unsightly structures on the premises, nor property not properly cared
for, and that to the extent possible, there should be an oeslhellc harmony between the various improvements
on the entire project and the natural surroundings. It is also desired that appropriate distances be
maintained between structures on adjoming properties. To that and the review board Is vested with
discrOlon in approving or disapproving plans for construction and Improvements
5.3 Residential Standards No part of any residence shell be constructed near* than 15 toot to
any side boundary of the lot All residences• when commenced, shall be completed, as to ilia exterior, within
reasonable promptness, and unfinished buildings shall not be lett on the property. No construction of a
residence shall be permitted which contains less than 1403 square feet total Irving area, together with
either an attached or unattached two car garage. All dwellings shall be custom-buill, rambler, split level
I vo story, or other similar design, and shall be of good quality construction In compliance with all building
codes. The residence shall be located no closer than 50 feet to the road right of ways..
5.4 outbuilding Standards. All outbuildings, cormis.and similar structures shall, when commenced•
be completed within a reasonable time, and shall not be left in an unfinished or an unsightly condition The
design of on -h shell be in harmony with the residence and surroundings. All agricultural outbuildings shall
not be built cl..)sar than 75 foot to the residence on any other lot, nor any outbuilding closer than 10 feel to a
property line.
S.5 Landscaping. Diverse kinds of landscaping shall be permitted using various ornamental Nees
and shrubs which are pleasing to the eye and attractive to bird life The property shall not be permitted to
be overgrown with noxious weeds nor continuously left in an uncared for condition
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ARTICLE VI 2S¢?fiG
SPECIFIC USE RESTRICTIONS
6.1 NoxlouS ActlVltles No rroxiaus or offensive activities shall be carried on upon said property,
not shall anything be done thereon which msy be or become an annoyance or nuisance to any of the Ji -
surrounding
surrounding owners.
6.2 Garbage and Recuse. No portion of the property shall be used or maintained as a dumping
ground for rubbish. trash, garbage, and other waste; all of which shall be kept only in sanitary containers.
The some shall be removed at reasonably close Intervals
6.3 Mobile Ilome. No mobile homss may be placed on the property. owners may perk or leave
"upon the premises their personal travel trailer or other recreational vehicles on the premises, but no
commercial rental of space may be undertaken . No basement home, tent home of Ole like may be
permitted upon the premises, except that it shall not prevent camping by family members and guests on a
non-commercial and non-offensive basis
e.4 Domestic Water. Each lot ownor will drill and malnlein at 1115 own expense a domestic Well.
I&nled on his lot, in compliance with the rules and regulations of the stale of Idaho. Lot owners have no
ditch right in the canal along 2000 West or water right In the Rexburg Canal company or the Fremont -
Madison Irrigation District
6.5 Signs Prohlhlted. No signs of any kind shall be displayed to public view on or from any lot or
r ttarcal of land, except a small sign identifying the address and owner's names, and except for temporary
adverting signs advertising the Property for sale.
6.6 Commercial Uses Prohibited. No commercial establishment, induseiel venture or business of
any type may be constructed, operated, or maintained upon said property Home occupations will be
allowed in accordance with the Madison County zoning ordinance, however.
6.7 Sewer System Each lot owner must provide and maintain al h1i bNri expense a sewage
disposal system, located on his own lot, in compilance with laws, rules, arid regult-1 sof Ute Slate of Idaho,
Department of Health, or other appropriate approving and governing agency. The sanitary systen shall be
so installed and maintained as to not pollute other property nor the water supply In the area.
Atmcl-t VII
DURATION, INTERPRETATION, AMEN ENT
7.1 Initial Term. These covenants shall remain in force and be bindhg upon the properly, and upon
all ownars and subsequent owners, or users of the property, for a period of Ulty years from the dale Ilia
covenants are recorded.
7.2 Renewal These covenants shall be automatically renewed for successive periods of len years
cacti, unless an instrument signed by a two-thirds majority of the then owners of the lots has been recorded
prior to the expiration of any term , or renewal thereof, agreeing to change said covenants in whole or in
part.
7.3 Liberal construction. The provisions of this declaration shell be liberally construedlo
effectuate Its purpose of creating a mutually benericial plan for the development and maintenance of a fine
and harmonious residential area..
7.4 Miscellaneous. The provisions of this declaration shall be. deemed Independent and severable,
and the Invalidity of or partial Invalidity of enforceability of any one provision or portion thereof shall not
effect the validity or enforceability of any other provision hereof
The masculine includes the feminine and the neuter, the singular Includes the plural, and vice versa,
as ilio context may requlre.
Owners shall cooperata With cacti other In good faith to accomplish the objectives and purposes
hereof and to that and from time to lima may make, execute and deliver such other and further instruments
as may be necessary or convenient in the luffll nent of this declaration as described in 7 6.
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7.5 Amendment. This declaration may be emended by an Inslmmenl In writing signed and acknowledged
by rewrded owners holding eighty-five percent of Ute lots in the sub -division. Said amendments shall be
effective upon its recording in the Office of the Recorder of Madison Co
nty, state f Idaho. A like majority
of owners may permit variances, for pod cause, or particular p seel, b y like Instrument.
in Witness hereof, the members of U S I PARTNERS. L.C. have caused there names to be Hereunto on
the data first written above
dRC�SOCIATES, L.C., MEMBER
K J VESTMENTS, L.C., MEMBER
ACKNOWLEDGEMENT
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE )
On this 7.rh day of /7-7— , Ilii before me a Notary Public, In and for said Stale,
personally appoared Kirby J. Forbush, known to me to be the managing member of K J Inveslmcnls, L.0 ,
F David Elder, known to me to be the general partner of F S L Family, L.P., and Bruce R. Brand, known to
me to be the managing member of Circle Assooales, L C., who each subscribed said names to the
foregoing instrument, and acknowledged to me that they each executed the same In said names of it elf
respective entities.
IN WITNESS VVI IEREOF: I have hereto set my hand and affixed my official seal the day Ono year first
above written. 7- _ — _— _ _ -., ....a,
NOTARY PUBLIC .
Residing at: �n_ X Ja eda I ()T
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