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HomeMy WebLinkAboutDECLARATION OF COVENANTS - 07-00404 - 570 Woodbridge St - New SFR0700404 DECLARATION OF C( 570 Wood bri dge-a- RoEn rel I OF STONEBRIDGE RESIDENTIAL SUBDIVISION Division No. 4 THIS INDENTURE AND DECLARATION, running with the land, made this 30th day of May, 2007, by BC STONEBRIDGE, LLC a Utah Limited Liability Company. WITNESSETH, WHERF.AS, Declarant is the owner in fee of the land located in Rexburg,Madison County, Idaho within the Stonebridge Subdivision described as fbilows: Division Nv, 4 Stonebridge Subdivision Rexburg, Madison County, Idaho Part of the NW Comes of Section 20, T. 6 N., R. 40 E.B.M. WHERA5, declarant desires to impose certain protective covenants upon the real property for the mutual benefit of all owners, present and future, NOW, THEREFORE, Declarant hereby declares as follows: I. AREA OF APPLICATION (Division No. 3 - Residential Blocks and Lots) 1. LAND USE_ Lots shall be used for single family residences only. IVB basement�a!tm� = �+`lll be al1Q+rved No o#her budding shall bre erected, altered, placed or permitted to remain on any such lot other than one detached single-famiiy dwelling not to exceed two stories in height and a Private garage for at (east two cars. 2_ DWELLING QUALITY AND SIZE. It is the intention and purpose of these covenants to insure that all dwellings sha[l be of a high quality of workmanship and materials, and that as each home is built, it sha{l enhance the value of the other homes in the subdivision. The above ground floor area of the main structure, exclusive of one story open porches and garages shal i not be less than x , 500 square feet for a one-story dweftfng, 7,8 0 square feet for a two story, and 9,7Q0 square feet for amulti-level dwelling. A!1 dwellings shat[ be of a "s�icic built on site" variety. Mobile hams, manufactured housing and modular homes are absolutely not permitted. Exterior finish shall be of vinyl siding, steel siding, brick, stucco or stone. Front porches and landings shall be entirely of concrete. The front side of the exterior, the home - shall be entirely finished with stone, stucco, brick, or a combination. Other nor nis. materials must be approved by the Architectural Control, Committee. Summary. A U t lir 4�" ,n as One-story home: Two-story: Multi-level home: Front side exterior finish: no less than 1,500 square feet (above ground) no less than 1,800 square feet (above graund) no less than '1,704 square deet (above ground) 100% stone, stucco, brick, or a combinatiara 3. CONTRACTOR. All homes shall be built by a full-time, qualified building bmtractor shall be responsible for obtaining all necessary permits, licenses and dif �f he City of Rexburg and the State of Idaho at the time of construction. 'I , #0 [if t X U R G. "ION VILDING LOCATION- No building shad! be located on any lot nearer to the *d by the 1Juilding codes and ordinances of the City of Rexburg at the time Declarationan— Stonebtidge Subdivision — .N. 4 — 5-30-07 of construction. For Purposes of this covenant, as a part of a building. uncovered steps and Porches Shall be considered 5. EASEMENTS. Easements for installation and maintenance of utilities such as electric power, telephone lines, gas lines, wader lines, sewer lines and drainage facilities are reserved as shown on the recorded plat Within these easements, no struciures planting or other material shall be placed or permitted to remain which may damage or interfere with the +nsta!latian and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements. The easement area of each dot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a pubic authority or utility company is responsible. fi. 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 - 7. PARKING OF VEHICLES. unless enclosed in ars aftaehed garage, recreational vehicles shah be parked only in designated driveways, and never for a period of more than three consecutive days and a cumulative total of 20 days in a calendar year. No vehicle of any kind shall be parked in any front or side yard except in a designated driveway_ S. HOME OCCUPATIONS. Before alying to the city for a cortditianal 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. g• TEM*PoRARY STRUCTURES. No structure of a temporary 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 permanenty. 10- SIGNS. No advertising signs of any kind shall be displayed to the public view an any lot, except one sign of �vt more than five square feet advertising the property for safe or for rent, or signs used by a builder or Declarant advertising theproperky duan the construction and safes period-� I - VETS, No animal or fnwicz nf mn Irinrl k.,ll _ lot except that dogs, cats or other household Pets m_YH� `be kefpt,��� �� �a'�'�a, orect ❑r kept on any y provided they are not kept, bred or maintained for any cvmrnercial PUrPoses. No such household pet that is or becomes an annoyance or nuisance to the neighborhood shalC #hereafter be kepi vn any dot. 12. GARBAGE AND TRASH.No vacant lot "N1� •y yI our �c� ic�r ruDt7tSh, trash, garbage, and other aste,SAll Iwaste �� or rna�n#a�ned as a will be kept in sanrtary containers which shall be set out only on pick up days by the city. No trash, refuse pile, junked or inoperab�� vehicles, underbrush, �ompoS� dile Or other unsightly growth or oi3�eGtS shall be b allowed to accumulate or remain on any !at so as to be a det��rnent is the neighborhood or ecome a fire hazard. During construction, per'fQ�dic efforts shill be made by the !tet owner or his materials. contractor to pickup scrap m�ter;als ar�d other construction debris and to dispose of said 13. SIGHT DISTANCES AT INTERSECTIUMS. h10 fence, wall, hed9e, shrub, or planing which obstructs sight Tines at elevations between three and eight feet above the roadways shall be placed or permitted to remain on any cvvt within the triangular area formed by the street property lines and a line connecting them at paints 30 fejt from the intersection of the street lines, or in the case of a rounded comer, from the intersection of thesfireet property lines extended. The same straight line limitations shad apply on any hof within ten feet from the intersection of a street property dine with the edge of a driveway_ No tree shall be 2 Declaration of Covenants - Stonebridge . . IslOn — Dr tviston A o. 4- permitted to remain within such distances, of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 14. FENCES. No fence, including a solid board, chain fink, concrete block, picket fence or retaining wail shall be erected that does not have an equally leasin appearance from either side unless permission is obtained In writing from the adjoining lot owners whose property such fence separates. No fence or wail shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line. 15. COMPLETION QF DWELLING. A dwelling, complete with landscaping, mast be built upon the lot within twenty-four {24} months of ther date of purchase of said lot; otherwise, the Declarant has the right to purchase back the Property a# the price i# sold far, withnv interest., 16. COMPLIANCE WITH CODES/ENVIRONMENTAL SAWS_ in all cases, ultimate responsibility for complying with ailstatutes, ordinances, rules and regulations of federal, state and local government, including those relating to hazardous waste, rests with the lot owner and contractor employed by owner_ The owner of each dot shall hold the Declarant, its subsidiaries, agents, arra employees harmless in the evert of owner's failure to comply with any of such laws. II. ARCHITECTURAL CONTROL COMMITTEE. I - MEMBERSHIP. the Architectural Control Committee shall be composed of three members, the original committee to he designated by BC STONEBRIDGE, LLC_ A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have fill authority to designate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. After ail�vts are sold, the then record owners of a majarEty of the lots shad have the power, through a duly recorded writter� instrument, to change the membership of the committee or to withdraw from the cQmmittee or restore it any of its powers and duties_ If said camme cases �Q func#ion for ars reason, the requirements of this entire part f1 shah be met by fifingl'p"'Ilrans and specifications for y approval or disapproval wi#hr the Building Inspector of the City of Rexburg, Idaho. 2• PROCEDURE. The Architectural Control Committee shalt be responsible for reviewing the home floor plan and front elevation to determine overall square footage and if the front of the home mets the material requirements stated in the covenants. The Committee is hereby granted full authority to approve or disapprove the floor pian and front elevation. Such approval or disapproval shall be in writing. A copy of the home floor pian and front elevation shall be retained by the committee. 3- ADDITIONS TO RULES. The cnrnmittee may make such reasonable rules and adopt such procedures from time to time as it deems necessary to carfy, out its functions, which ales and procedures may not be inconsistent with the provisions ofthese covenants. III. GENERAL PROVISIONS. � • TERM. These couenants are to run with the [and and shall bebinding on all parties and all persons claiming under them for a period of twenty-five years fr claimingom the date these covenants are recorded,, after which time said cvvenants shady he automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lois has been recorded, agreeing to change said covenants in whole or in part - 3 le 2. 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 attractiveness of the lots. No lot shall be resold without artaching a copy of these covenants to the deed conv eying such lot. Enforcement may be by the Architectural Control Committee or any aggneved party by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to retrain violation or to recover damages. 3. AMENDMENT. This declaration can be amended at any time by the Declarant prior to the sale of all lots- Thereafter, this Declaration can be emended by an affirmative majority rote of the lot owners. 4. SEVERABUTY, Invalidation of any one of these covenants sha(I not affect the other provisions, which sham remain in full force and effect. 5• NOTICE_ Any notice required hereunder shall be deemed effective when personally delivered or when mailed by certified mai! to the owner of public record art the time of such mailing to such owner's address as appears on the Madison bounty Tax Records. BC STONEBRIDGE, LLC, Declarant By: Platinum Development, i ` Y. - Bre W. Hastingsi PrCsident Declaration of Covenants —Stonebridge Subdivision —Division Na_ 4 anager