HomeMy WebLinkAboutDECLARATION OF COVENANTS - Hidden Valley PH7 - Final Platf
DECLARATION OF COVENANTS
OF
HIDDEN VALLEY SUBDIVISION, LLC
Phase 7 & 8
THIS INDENTURE AND DECLARATION, running with the land, made
this 1 st day of August, 2002 by Hidden Valley Subdivision, LLC.
WITNESSETH,
WHEREAS, Declarants were the owners in fee, at the time the
Declaration of Covenants is adopted and recorded, of all the land contained with the
boundaries of HIDDEN VALLEY SUBDIVISION, a subdivision of the City of Rexburg,
located on Hidden Valley Road and Property south of Woodmansee Johnson Canal,
Madison County, State of Idaho.
WHEREAS, said Declaration of Covenants provide that said Declaration
can be amended at any time by Declarants prior to the sale of all lots, and all of the lots
have not been sold, and
WHEREAS, Declarants hereby declare as follows:
1— AREA OF APPLICATION
A. RESIDENTIAL BLOCKS AND LOTS.
1. LAND USE. Lots shall be used for single family residences
Out building shall be concrete based with siding to match home.
2. ARCHITECTURAL COMMITTEE. Plan shall be submitted
to Architectural Committee and approved before beginning construction.
3. DWELLING QUALITY AND SIZE. It is the intention and
purpose of these covenants to insure that all dwellings shall be of a high quality of
workmanship and materials, and that as each home is built it shall enhance the value of
the other homes in the subdivision. NO carports are allowed. All dwellings shall be of a
"stick built" variety. Dwellings must have a porch no less than 6 feet wide and 20 feet in
length, front windows with shutters. Or .i0% of front must consist of stone, brick, or
stucco accents. Mobile homes, manufactured housing and modular homes are
specifically not permitted. The size and quality of the dwellings shall be as follows:
(a) SINGLE STORY DWELLINGS. The ground floor
area of the main structure, exclusive of one story open porches and garages shall not be
less than 1500 sq. ft for a one-story dwelling.
Instrument # 298601
REXBURG, MADISON, IDAHO
2002-10-03 03:07:00 No. of Pages: 7
Recorded for: GENE PALMER
MARILYN R. RASMUSSEN�� Fee: 21.00
Ex -Officio Recorder Deputy.
(b) ONE AND A HALF STORY, TWO STORY AND BI-
LEVEL DWELLINGS. One and a half story, two story and Bi -level dwellings shall have
a ground floor area of not less than 900 square feet; providing, however, that such
residence shall contain at least 1600 square feet exclusive of basement, garage and open
( porches.
(c) SPLIT LEVEL DWELLINGS. For split level dwellings
the combined area of the top level and next to top level, exclusive of garage and open
porches, shall be not less than 1100 square feet; providing, however, that such residence
shall contain at least 1600 square feet exclusive of basement, garage and open porches.
4. BUILDER: All homes shall be built by an experienced,
qualified builder, who must be approved by the Architectural Control Committee
hereinafter, provided for. The builder shall be responsible for obtaining all necessary
permits, licenses and approval s required by the City of Rexburg and the Sate of Idaho at
the time of construction.
5. BUILDING LOCATION. No building shall be located on any
lot nearer to the lot lines than as required by the building codes and ordinances of the
City of Rexburg at the time of construction. For the purposes of this convenant,
uncovered steps and porches shall be considered as a part of a building.
Set Backs: Side Minimum 5 feet 6 inches for every foot up.
Front 32 feet from curb.
Back 20 feet from property line.
6. EASEMENTS. Easements for installation and maintenance of
utilities such as electric power, telephone lines, gas lines, water lines, sewer lines and
drainage facilities are reserved as shown on the recorded plat. Within these easements,
no structures, planting or other material shall be placed or permitted to remain which may
damage or interfere with the installation and maintenance or utilities, or which may
change the direction of flow of drainage channels in the easements. The easement area of
each lot and all improvements in it shall be maintained continuously by the owner of the
lot, except for those improvements for which a public authority or utility company is
responsible.
7. LANDSCAPE STRIP. Landscape strip (7 ft) and sidewalk (5
ft) adjacent to curb will be installed and maintained by builder/owner. Sidewalk must by
2 to 4 inches higher than the curb. Sidewalks must be built in accordance with the
specifications of the City of Rexburg.
8. NUISANCES. No noxious or offensive activity shall be
carried on upon any lot, nor shall anything be done thereon, which may be or may
become an annoyance or nuisance to the neighborhood or detract from its value.
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C 9. PARKING OF VEHICLES. Unless enclosed in an
C-- attached garage, vehicles shall be parked only in designated driveways. No vehicle of
any kind shall be parked in any front or side yard except in a designated driveway.
C 10. HOME BUSINESSES. Before applying to the city for an
C conditional use permit or home occupation permit, a home owner must register an
intention to have a home business with the Architectural Control Committee, hereinafter
provided for, and approval must be obtained from said committee.
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C 11. TEMPORARY STRUCTURES, No structure of a temporary
C character, trailer, basement house, tent, shack, garage, barn or other outbuildings shall be
used on any lot at any time as a residence either temporarily or permanently.
( 12. SIGNS. No advertising signs of any kind shall be displayed
t to the public view on any lot, except one sign of not more than five square feet
advertising the property for sale or for rent, or signs used by a builder or Declarant
Hidden Valley Estates to advertise the property during the construction and sales period.
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�- 13. PETS. No animals or fowls of any kind shall be raised, bred
or kept on any lot except that dogs, cats or other household pets may be kept, provided
they are not kept, bred or maintained for any commercial purposes. No such household
t pet, which is or becomes an annoyance or nuisance to the neighborhood shall therafter be
kept on any lot.
14. GARBAGE AND TRASH. No vacant lot shall be used or
maintained as a dumping ground for rubbish, trash, garbage, and other waste. All waste
will be kept in sanitary containers, which shall be set out only on pick up days by the city.
No trash, refuse pile, junked or inoperable vehicles, underbrush, compost pile or other
unsightly growth or objects shall be allowed to accumulate or remain on any lot so as to
be a detriment to the neighborhood or become a fire hazard. During construction
periodic efforts shall be made by the lot owner or his contractor to pick up scrap materials
and other construction debris and to dispose of said materials. No dumping of any
material will be allowed in any restricted easement in Hidden Valley.
15. FENCES. Any fence built at the back of property must be
built 6 feet high and on property line. Design of said fence must be submitted to the
Architectural Committee for approval. No fences, including a solid board, vinyl,
concrete block, picket fence or retaining wall shall be erected that does not have a equally
pleasing appearance from either side unless permission is obtained in writing from the
adjoining lot owners whose property such fence separates. No fence or wall shall be
erected, placed, or altered on any lot nearer to any street than the minimum building
setback line.
16. COMPLETION OF DWELLING. A dwelling must be built
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upon a lot within four years of the date of purchase of said lot; otherwise, the owner is
1_ required to sell the lot back to the Declarant Hidden Valley Estates, at the same price as
paid therefor, with no interest. Compliance with this provision shall be at the option of
E the Declarant Hidden Valley Estates.
II. ARCHITECTURAL CONTROL COMMITTEE
A. MEMBERSHIP. The Architectural Control Committee shall be
E composed of three to five members, the original committee to be designated by Declarant
E Hidden Valley Estates. A majority of the committee may designate a representative to
E act for it. In the event of death or resignation of any member of the committee, the
remaining members shall have full authority to designate a successor. Neither the
( members of the committee nor its designated representative shall be entitled to any
t compensation for services performed pursuant to this covenant. After all lots are sold,
the then record owners of a majority of the lots shall have the power, through a duly
E recorded written instrument, to change the membership of the committee or to withdraw
E from the committee or restore to it any of its powers and duties. If said committee ceases
to function for any reason, the requirements of this entire Part II shall be met by filing
plans and specifications for approval or disapproval with the Building Inspector of the
City of Rexburg, Idaho.
B. PROCEDURE. The Architectural Control Committee shall be
responsible for reviewing the plans and specifications for each home proposed for the
Home Area of this subdivision, as well as considering the qualifications of the builder for
such homes. The committee is hereby granted full power and authority to approve or
disapprove of any house plans. Such approval or disapproval shall be in writhing, and if
approved, a copy of the plans and specifications shall be retained by the committee until
the home is completed.
C. ADDITIONS TO RULES. The committee may make such
reasonable rules and adopt such procedures from time to time, as it deems necessary to
carry out its functions, which rules and procedures may not be consistent with the
provisions in these convenants.
III. GENERAL PROVISIONS.
A. TERM. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them for a period of twenty-five
years form the date these covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of ten years unless an instrument signed by
a majority of the then owners of the lots has been recorded, agreeing to change said
covenants in whole or in part.
B. ENFORCEMENT. The lots shall be held, sold, and conveyed
subject to the easements, covenants, conditions and restrictions set forth herein, all of
which are for the purpose of enhancing and protecting the value, desirability and
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attractiveness of the lots. No lot shall re resold without attaching a copy of these
covenants to the deed conveying such lot. Enforcement may be by the Architectural
C Control Committee or any aggrieved party by proceedings at law or in equity against any
( person or persons violating or attempting to violate any covenant, either to restrain
(- violation or to recover damages.
1- C. AMENDMENT. This declaration can be amended at any time by
( declarants prior to the sale of all lots. Thereafter, this Declaration can be amended by an
affirmative majority vote of the lot owners.
D. SEVERABILITY. Invalidation of any one of these covenants shall
not affect the other provisions, which shall remain in full force and effect.
E. NOTICE. Any notice required hereunder shall be deemed
effective when personally delivered or when mailed by certified mail to the owner of
public record at the time of such mailing to such owner's address as appears on the
Madison County Tax Records.
F. HOMEOWNERS ASSOCIATION. Property owner agrees to
( become a member of the Homeowner Association. This association will administer and
( enforce these covenants as described in this Declaration of Covenants of Hidden Valley
( Subdivision LLC, and will be responsible for ongoing operation and maintenance of
common areas.
IN WITNESS WHEREOF, The declarants have here unto set their hands
and seals this _l st_day of August 2002.
Hidden Valley Subdivision, LLC
State of Idaho
}ss.
County o//f!!Y�tclLc� }
On this before me, a Notary Public in and for said state,
personally ( nn
appeared CivI�IQ V V 1 �/r Ci��
Known or lnenntled to me to be it
acknowledged tome that he/she/
IN WITNESS WHEREOF I have
above written.
rted the same.
set my hand and affixed my official seal the day and year first
n/ln I /-�ii
Residing at:
Commission
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