HomeMy WebLinkAboutCOVENANTS DRAFT - 03-00032 - Hyde Park II - Two 4-Plex Buildings #3 & 4Restrictive Covenants for Hyde Park
City of Rexburg
Madison county, Idaho
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The undersigned being the owners in fee simple of all the real estate that is a PRD named
Hyde Park, Madison county, Idaho, to which plat reference is hereby made and
incorporated herein by this reference, do hereby agree and bind themselves, their assigns
and representatives, that the following restrictions, limitations, easements and covenants
shall be binding on all purchasers of all lots in said PRD known as Hyde Park and assigns,
as follows:
1. All lots shall be used for residential purposes only. No more than four family
residences will be constructed on any lot.
2. All units erected in this subdivision shall have the following minimum required square
footage living space.
A. All units shall have a minimum of 720 square feet of living space measured on the
exterior of the foundation walls and such space will NOT include garages, patios, porches
or storage space to meet these requirements.
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discretion and approval of the Architectural control committee.
C. All lower level units must comply with fair housing standards.
D. All driveways will be completely finished with concrete or asphalt.
3. No residence will be constructed or maintained on any lot closer than allowed by
approved site plan.
4. The exterior of all residences and garages constructed on said lots shall be of any of
the following materials and finishes only:
A. Dressed brick or quarried stone.
B. Exterior vinyl siding or drivet.
C. Any combination of the above.
5. No lot shall be used or maintained as a dumping ground for rubbish or other refuse.
5. No fence, wall or hedge which obstructs sight lines at elevations are permitted to
remain on any corner lots.
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7. Signs: No sign of any kind shall be displayed to the public view on any lot except, one
sign of not more than five sq. feet advertising the property for sale or rent. Signs used by
the builder or developer to advertise the property during the construction or sales period
are allowed and may be up to 32 square feet in size.
8. Architectural Control: No building shall be erected, placed, or altered on any lot until
the construction plans and specifications and a plan showing the location of the structure
shall have been approved by the Architectural Control Committee as to quality of
workmanship and materials, harmony of external design with existing structures, and as to
locations with respect to topography and finish elevation.
A. Architectural Control Committee:
1 _ Membership: The Architectural Control Committee is composed of Rick Hancock
Blane Robbins, Mark Collard and don Gregory. In the event of death or resignation of any
member of the Committee, the remaining members shall have full authority to designate
Successor.
2. Powers: The committee's approval or disapproval, as required in these covenants,
Shall be in writing. The committee shall have full acquittance for any action it
sakes hereunder,
9. No noxious or offensive operation, and or business or trade of any kind, even if
allowed by Municipal Zoning siiau be allowed or u>au`itauieu or, any ivl or any Yo -IL I Uo 1-1 vi a
lot, and nothing shall be done on any lot which may constitute a nuisance or an
unreasonable annoyance to the neighborhood.
10. No trailer, tent, detached garage, storage bin or shed, barn or other out buildings
shall be allowed or maintained on any lot. No boat shall be stored on any lot. No motor
vehicles except automobiles or trucks with one ton capacity or less, shall be allowed on
any lot. No R.V. will be allowed on any lot.
11. No poultry, livestock or animals other than household pets shall be allowed on any
lot at any time. Raising dogs cats or other animals for commercial purposes is prohibited.
12. No lot shall be subdivided into lots of smaller size.
13. All residential structures will be connected to an approved water and sanitary sewer
system. No septic tanks will be permitted.
14. All owners will consult with the developer or the city's road division before
installation of any driveways, culverts, headwalls or other structure within the dedicated
roadway, and such placement or construction shall be in accordance with the rules and
regulations of the city. No curb shall be cut down for a driveway, nor shall the driveway
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extend over or past the curb except with the approval of the city's road division.
15. The developer of this PRD or it's assigns or the Architectural Control
Committee reserves the right to enter upon any lot for any purpose of cutting grass and
cleaning up such lot as is reasonably required and charge the expense thereof to the
respective owner, which expense shall become a lien upon the lot which the work has been
completed.
16. Each builder agrees to landscape each lot and to dispose of any rubbish, trees or
other items that would detract from the PRD as a whole. No builder will be permitted to
push or dispose rubbish on another lot. The cost of collection of any rubbish will be
charged to the builder or the owner of the lot.
17. No structure which is reassembled or already constructed shall be allowed moved
onto any lot.
18. Once construction has commenced, it shall proceed diligently. Owner is responsible
For maintaining a neat and orderly construction site.
19. The rights of enforcement of each of these Restricted Covenants is severally vested in
the owners of each of the lots in this PRD or the developer. Any owner of any lot shall
have the right at any time to compel compliance with said Restrictive Covenants, or to
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equity for injunctive relief.
20. Should any provision of this instrument be declared void or inoperative by any Court
of competent jurisdiction, or should more strict provision apply by any City Ordinance, the
remaining provisions shall continue in full force and effect.
21. These Covenants and Restrictions set forth herein run with the land and shall be
binding upon all parties hereto, their heirs, representatives, successors, or assigns, and
their successors in title or interest, for a period of thirty [30] years from the date of
recording, after which time said Covenants shall be automatically extended for one
successive period of ten [ 10] years, unless an instrument signed by the owners of 75 % of
the lots have been recorded agreeing to change said Covenants in whole or in part. These
Covenants may be amended at any time by an instrument signed by the owners
representing 75 % of the lots in Hyde Park. Said instrument shall be recorded to be valid.
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IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this
day of February 2003.
By Rick Hancock
STATE OF IDAHO
COUNTY OF MADISON
Personally appeared before me, Rick Hancock, who acknowledged that he executed the
within instrument for the purposes therein contained, and who further acknowledged that
he is authorized to execute this instrument.
Witness My Hand this day of
Notary Public
In the State of Idaho
Commission expires
2003