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Home My WebLink AboutCOVENANTS - 20-00790 (Initial Sumbittal) - 100620 ccrsDeclaration of Protective and Restrictive Covenants for Moran View Estates Subdivision The undersigned does hereby certify and declare that all or any portion of the above described lots shall be owned, held and enjoyed by the respective owners and grantees thereof, their heirs and assigns, subject to the following restrictions: 1. LAND USE AND BUILDING TYPE: No lot shall be used except for one single-family residence and related residential uses. No commercial activity shall be conducted on or from any lot. 2. ARCHITECTURAL CONTROL: No building shall be erected, placed or altered on any lot until construction plan and specifications are approved by applicable Planning and Zoning. No manufactured or modular homes will be allowed or approved for construction. 3. CONSTRUCTION COMPLETION: All exterior portions of a principal residence must be completed no later than twenty-four (24) months beginning from the day construction begins. A nine (9) month period shall be allowed for the exterior portion of any barn or other outbuilding. 4. EASEMENTS: Easements for installation of public utilities are shown on the recorded plat. 5. LOT SIZE: No lot shall be subdivided except as allowed by the local zoning code. 6. MOTORBIKES, ATVS, SNOWMOBILE RESTRICTIONS: No ATV, motorbike, or snowmobile course for commercial purposes shall be erected or permitted on any lot. 7. NUISANCE: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which is be or may become an annoyance or nuisance to the neighborhood. This includes, but is not limited to, the open storage of trucks, automobiles, boats, trailers, campers, machinery, and other forms of bulk storage not normally associated with the residential use of the property; and consistent and lengthy use of ATVs, motorcycles or snowmobiles on a lot or other consistent and lengthy use of machinery or other noisy apparatus. Property owners are responsible for control and removal of all noxious weeds and may not leave the property in a continuously unkempt condition. 8. MAINTENANCE: All building structures and fences must be properly and consistently maintained. 9. FENCING: Fencing to be constructed of standard fencing materials. 10. LIVESTOCK: Large animals/livestock shall be limited to 2 per acre. Dogs and cats may also be kept provided they are not bred or maintained for commercial purpose. No livestock shall be permitted on any lot unless such animal shall be confined to such lot by barn, corral, fence, tether, or similar restraint or confinement so as not to trespass on any other lot. The owner of any lot from which such livestock trespasses onto any other lot shall be strictly liable for any damages caused thereby. 11. GARBAGE AND REFUSE DISPOSAL: No rubbish, trash, garbage, or other wastes shall be dumped on any lot. Lots must be kept clean and all rubbish, trash, garbage, or any debris thereon must be kept in sanitary containers. 12. IRRIGATION: Property owners in Moran View Estates will have access to 5/6 share in the Teton Island Canal company and 13.33 acre feet of storage water in the Madison Fremont Water District. Their allotted use of this irrigation water shall be as follows: Lot 1 – 20% Lot 2 – 35% Lot 3 – 45% Owners will share the costs of water assessments and will collect an additional amount yearly to maintain all service ditches in those percentages. The overall amount to be collected from the owners for maintaining the ditches will be determined by a 2/3 majority vote of all lot owners, with each owner receiving one vote. Any culverts installed on a lot must be of adequate size to accommodate the reasonable flow of water. 13. COVENANT PERIOD: These Protective Covenants are to run with the land and shall be binding on all parties, owners and heirs for a period of thirty (30) years from the date these Covenants are recorded, after which time said Covenants shall automatically be extended for successive periods of ten (10) years unless an instrument signed by the majority of then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 14. ENFORCEMENT: Enforcement of these Protective Covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any Covenant, by such person or person as claiming such violation, either to restrain violation or to recover damages. In the event legal action is commenced legal action is taken order to enforce these Covenants, any lot owner found by a court of competent jurisdiction to be in violation of these Covenants shall be responsible for all reasonable attorneys' fees and costs incurred by other lot owners. 15. SEVERABILITY: The provisions hereof shall be deemed independent and the invalidity or partial invalidity or enforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision or portion hereof. MORAN VIEW ESTATES COVENANTS SIGNATURE PAGE _____________________________ Jeremy Snell ON THIS ________ DAY OF _____________________, 2020, BEFORE ME, _____________________________ ,A NOTARY PUBLIC, PERSONALLY APPEARED ________________________________________________________________ AS THE PERSON WHOSE NAME APPEARS ON THIS INSTRUMENT AND ACKNOWLEDGED BY ME THAT THEY EXECUTED THE SAME. _________________________________________ NOTARY PUBLIC MORAN VIEW ESTATES COVENANTS SIGNATURE PAGE _____________________________ Jake Williams ON THIS ________ DAY OF _____________________, 2020, BEFORE ME, _____________________________, A NOTARY PUBLIC, PERSONALLY APPEARED ________________________________________________________________ AS THE PERSON WHOSE NAME APPEARS ON THIS INSTRUMENT AND ACKNOWLEDGED BY ME THAT THEY EXECUTED THE SAME. _________________________________________ NOTARY PUBLIC MORAN VIEW ESTATES COVENANTS SIGNATURE PAGE _____________________________ Beth Hanson ON THIS ________ DAY OF _____________________, 2020, BEFORE ME, _____________________________, A NOTARY PUBLIC, PERSONALLY APPEARED ________________________________________________________________ AS THE PERSON WHOSE NAME APPEARS ON THIS INSTRUMENT AND ACKNOWLEDGED BY ME THAT THEY EXECUTED THE SAME. _________________________________________ NOTARY PUBLIC