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Home My WebLink AboutCOVENANTS - 02-00070 - Rocky Mountain Way Townhomes - 6-PlexRestrictive Covenants for Rocky Mountain Way City of Rexburg Madison county, Idaho 1 Of 4 The undersigned being the owners in fee simple of all the real estate that is a PRD named Rocky Mountain Way, 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 Rocky Mountain Way and assigns, as follows: 1. All lots shall be used for residential purposes only. No more than one family residence will be constructed on any lot. 2. All houses erected in this subdivision shall have the following minimum required square footage living space. A. All houses shall have a minimum of 856 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. B. The distribution and quantity of living space on each floor of the house shall be at the discretion and approval of the Architectural control committee. C. All houses will have one car attached garages. D. All driveways will be completely finished with concrete or asphalt. 3. No residence will be constructed or maintained on any lot closer than 25 feet from the front line of the lot or 20 feet from the back of the lot. 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. 6. No fence, wall or hedge which obstructs sight lines at elevations are permitted to remain on any comer lots. 2Of4 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 And Blane Robbins. In the event of death or resignation of any member of the Committee, the remaining member shall have full authority to designate a 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 takes hereunder. 9. No noxious or offensive operation, and or business or trade of any kind, even if allowed by Municipal Zoning shall be allowed or maintained on any lot or any portion of 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 outbuildings 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 writ 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 3 of4 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 alien 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 prevent the violation of any of them by the proper institution of an action at law or in 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 Rocky Mountain Way. Said instrument shall be recorded to be valid. 4 Of 4 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this day o 2002. By wt C 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 authorized to execute this instrument. Witness My Hand this R,5dj day of 2002 Notary Public In the State of Idaho Commission expiresT �� Rocky Mountain Way Features Exterior Features Totally maintenance free Attached garage with insulated door and opener Sprinkler systems with hydro seeding Curb & gutter with sidewalks Interior Features Vaulted ceiling in family room Wired for telephones, cable TV & Cat V computer networking Raised panel doors with colonial casings Stain guard holly tec carpeting Kitchen Custom made oak cabinets Dishwasher Range & hood Disposal Refrigerator Bath Oak vanities Tub & shower combo Laundry Washer & drier combo unit Energy Savings Crawl space with floor insulation Insulated exterior doors Vinyl double pane windows with low a glazing R-42 attic insulation R-23 wall insulation 80 plus gas furnace