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Home My WebLink AboutDECLARATION OF COVENANTS - 05-00328 - 1058 Arctic Willow Dr - New SFRA t10 ,��,� ,4rr a 271 :IZI CL EL Lo Ns CD r -F LOT 1 �- ? 3 a 0 a a i M 42 -21 po0 Z; Ec n f I I 0 s R, 5g 4b. Rin �. CP I' v l02. 4 - SOT GOLDEN W=W DRIVE A. ; , -v - a F � W 1 +060 I " + N CP 0 1. wMb s 1111.18 w06 a MEMW M& LOT ILOT • L07 3 Mob N 07 12006 w 4% -� + 0 lLn 10 0 ' -� t(3 E 2.34.0 LOT 4 j LOT LOT 3 3 p I I . Zia + 1 # 1 " 1I �• - r 15 �w ` L -1 LOe� �7 LOT 4 Coll •, 0-4 LOT o ::45 A crI, .� toLOT 1I 0.50j. CL 57 N w Id' a € + IM Z 9 _LOT pwor . LOT 1 cr LO LAI `- 1M a LOQ` B " "� ,� � 1 ��, - 0.51 �im _Ab M r� "'' LOT 13 La �' 1"k3' a { �� cl OWN rb Z� a' , d 2� 1 - B . � y r IM 4i Lq Lq 4M I � I' -6 241 CL Q rl M.7#' 1 r 121,25' . 00" 19 003,WE. 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'Ii Li ra :w- - " 0 4--d "moo I ■ in -W LM 29 >41.7;66 IU4- 7- CL:57 --4 One L—.:Z- fA9 LOT 29 21r� ,- � Ik LOT is L LOT 27 21" ea- ft - r DECLARATION OF COVENANTS "WILLOW BROOK ESTATES" 437Zj 46 A THIS DECLARATION OF COVENANTS, conditions, and restrictions, hereinafter called "Declaration" is made and executed this 2.4'�'� day of 2005, by Willol,1,11111 Brook Partners, L.L.C., an Idaho Limited Liability Company, of P7 .O. B x 674, Rexburg, Idaho, 83440, hereinafter called "Declarant'. WITNESSETH WHEREAS, Declarant is owner of that certain read properly described in 1. 1 hereof, and desires to divide the property into lots dor residential, and desires to impose upon the propertymutualfy beneficial restrictians upon imRroverrtent thereto and uses thereof. Declarant doe hereby publish and declare that all of the ro rty described its I -I hereof is held and shall be held conveyed, encumbered, leased, rented, used, accupied and improved, subject to all of the conditions, covenants, restrictions-' limitations, mutualuses, and ob(iga#sons contained in this declaration, all of which are declared and agreed to be �o the m�ua! benefit and dor the improvement of the saidproper#y, and each part thereof, and the division of th,e properly info tracts, and shah be. deemed to run with the hand and shall be a burden and benefit to Declarant, its successors, assigns, heirs and personal representatives, and any person acquiring or Owning ars interest in the rial prcparty and improvements thereon, their grantees, successors, heirs, personal representatives, and assignees. NOW THEREFORE, Declarant hereby declares as follows: ARTICLE EMM43 Mik 'i,'! Property Description. The properly covered by this description is vacated in the Rexburg, Madison County, State of Idaho, and described as follows, to -wit: City of Part of the SW 1/4 of Section 25, Township 6 North, Ranke 39 East, B,M.; Madison County, Idaho described as: Begiruung at a point that is N 8 9°47'54" E, 2 8 7.90 feel and N 0 0° 12' 06" W, 53 5. 0 0 feet from the southwest corner of said Section 25 said point bei -ng the southeast comer of Lot 2 Block 2 of Willow Brook. Estates Division No. 2 an addition to the City of Rexburg, Madison County, Idaho and cunning thence along the following four (14) cowses of said Willow Brook Estates (1) N 00012506"W� i 8 1.56 feet; thence (2j N 8y°47'54" E, 118.,12 ' f eet; thence (3) N 00°12'06" W, 234.00 feet; thence (4) N 89°47'54" E, 263.84 feet to the southeast corner of Lot 4, Block 3 of said Willow Brook Estates Division No. 2.; thence -N--89'4-754`-E;--429A0 thence N 00'19'03" W56 0.2 5 feet; thence N 89°40'57" E, 215.00 feet; thence S 0 0°1 9' 03" E, 4 7 6.24 feet; thence S 8 9°47'54 " W, 1027.20 feet to the point of beginning. Parcel eania�s 9.459 acres 1 W D 1.2 Filing of Plat.' Declarant has prepared and contemplates recording with this declaration a plat of the property, under the name of "Willow Brook Estates Division 3", dividin it into fifteen dots. �lses and rest�icfions spe��ie+� on tie plat are incorporated h�reir� by reference and the plat and this declaration shall be construed together. ARTICLE II RESIDENTIAL STANDARDS 2.1 Pian Approval. No construction of a residence, major alteration thereto, building of fences, shops or other major improvement, or major landscaping construction, shaft be undertaken until plans dor each such project have been submitted in writing to the Architectural Controls Review Board "Board", hereinafter formed, dor its approval. See Section 3.1. The Board shadl act upon ,I each application vuathpn ten days of the dale of submission of the written pian, and if the application is not approved, construction may not be undertaken. Failure to do so may result in the demolition of unapproved construction at the owner's expense. In addition, the owner agrees to reimburse the Board or any aggrieved party for legal fees or demol'1 tion cats incurred to enforce compliance with the previsions of these covenants. 2.2 Harmony with Area,, The plan of Willow Brook Estates is to have a beautiful, well kept residential area, but with open space and outbuildings not possible on smaller cit lots.if rs desired Y that there be no bizarre or unsightly structures on the premises, nor property not properly cared for and that to the extent possible, there should be an aesthetic harmony between the carious 7 improvements on the entire project and the natural surroundings. it is also desired that appropriate distances be maintained between structures on adjoining � vested with discretion in approving or disapproving plans for �o fiat end is the board n and improvements. 2.3 Quautvand Size. 1# is the Intention and purpas� ref these covenants to insure that all residences within this development sham be of a high quality of workmanship and materials, and that as each home is built, t shatl enhance the value of the other homes in the subdivision. All residences shall be single family residential , custom "stick" built hype construction. Mobile homes, manufactured housing and modular homes are specifically not permitted in the subdivi` on. shall contain a minimum 75+D0 square fee� of living area with an attached two car 9��me� living space is exclusive of any garages, or open porches. The height of the residence gha11 b . The greater than 30 deet from the highest paint of the building to the ground. no 2.4 Site Location. No bul'Iding shah be located on at�y lo# nearer #o the lot lines than as rewired by the building codes and ordinances of the City of Rexburg at the time of can For the purposes of this covenant, steps, porches ar�d patEos without cover shad not be considestructiored as part of she building. ere 2.5 Commencement Date. An owner shall commence construction of a residence two years of the purchase date of the lot. otherwise,lot within the dot back to Declarant, at the sole discretion of Declarant,�atthe er of said may be required to sell therein, with no inf�res�, said interest to be waived as liquidated damaaes�� p��e �� g�nal�y paiand de#riment to other ov�vners, by nal cons#ructir�g withi the perriod of me�o�Oncethe inconvenience commenced, the ex�erior of the building will be competed within a reasonable Period of tCUCt�pl� has 2.6 Shops and Outbuildint�s. All aut��il�ir�gs, when commenced, shy!! be complme. eted efied y��'it�"�i�� a re�sc�a��2 ticr�, �r�� shalt na# be [E-;�ft �,� an �r:��n��,`��d �ord;t�on. Thep of each shail be in harmony with the residence on the lot and surroundin area.Ta�� i }�� building shall be no greater khan 24 feet from the highest point of the buildingtQ fheeg�t v� the 2.S Landscaen Diverse kids of landscap�n�shat! �e permitted using various ornamental trees and shrubs which are- pleasing to the"e0ye and attractive to birdgife shad not be permitted to be overgrown with noxious weeds nor continuously Left in an un�ce pro ��y condition. Landscaping sha!l be substantially Gc�r�npletea� within e,��,t�en mor�th� �f accup�rrc o� the residence. P y 2.9 Sidewalks. Before the occupancy of each residence, the homeowner ;s responsible p b[e to s� W D 1.2 Filing of Plat.' Declarant has prepared and contemplates recording with this declaration a plat of the property, under the name of "Willow Brook Estates Division 3", dividin it into fifteen dots. �lses and rest�icfions spe��ie+� on tie plat are incorporated h�reir� by reference and the plat and this declaration shall be construed together. ARTICLE II RESIDENTIAL STANDARDS 2.1 Pian Approval. No construction of a residence, major alteration thereto, building of fences, shops or other major improvement, or major landscaping construction, shaft be undertaken until plans dor each such project have been submitted in writing to the Architectural Controls Review Board "Board", hereinafter formed, dor its approval. See Section 3.1. The Board shadl act upon ,I each application vuathpn ten days of the dale of submission of the written pian, and if the application is not approved, construction may not be undertaken. Failure to do so may result in the demolition of unapproved construction at the owner's expense. In addition, the owner agrees to reimburse the Board or any aggrieved party for legal fees or demol'1 tion cats incurred to enforce compliance with the previsions of these covenants. 2.2 Harmony with Area,, The plan of Willow Brook Estates is to have a beautiful, well kept residential area, but with open space and outbuildings not possible on smaller cit lots.if rs desired Y that there be no bizarre or unsightly structures on the premises, nor property not properly cared for and that to the extent possible, there should be an aesthetic harmony between the carious 7 improvements on the entire project and the natural surroundings. it is also desired that appropriate distances be maintained between structures on adjoining � vested with discretion in approving or disapproving plans for �o fiat end is the board n and improvements. 2.3 Quautvand Size. 1# is the Intention and purpas� ref these covenants to insure that all residences within this development sham be of a high quality of workmanship and materials, and that as each home is built, t shatl enhance the value of the other homes in the subdivision. All residences shall be single family residential , custom "stick" built hype construction. Mobile homes, manufactured housing and modular homes are specifically not permitted in the subdivi` on. shall contain a minimum 75+D0 square fee� of living area with an attached two car 9��me� living space is exclusive of any garages, or open porches. The height of the residence gha11 b . The greater than 30 deet from the highest paint of the building to the ground. no 2.4 Site Location. No bul'Iding shah be located on at�y lo# nearer #o the lot lines than as rewired by the building codes and ordinances of the City of Rexburg at the time of can For the purposes of this covenant, steps, porches ar�d patEos without cover shad not be considestructiored as part of she building. ere 2.5 Commencement Date. An owner shall commence construction of a residence two years of the purchase date of the lot. otherwise,lot within the dot back to Declarant, at the sole discretion of Declarant,�atthe er of said may be required to sell therein, with no inf�res�, said interest to be waived as liquidated damaaes�� p��e �� g�nal�y paiand de#riment to other ov�vners, by nal cons#ructir�g withi the perriod of me�o�Oncethe inconvenience commenced, the ex�erior of the building will be competed within a reasonable Period of tCUCt�pl� has 2.6 Shops and Outbuildint�s. All aut��il�ir�gs, when commenced, shy!! be complme. eted efied y��'it�"�i�� a re�sc�a��2 ticr�, �r�� shalt na# be [E-;�ft �,� an �r:��n��,`��d �ord;t�on. Thep of each shail be in harmony with the residence on the lot and surroundin area.Ta�� i }�� building shall be no greater khan 24 feet from the highest point of the buildingtQ fheeg�t v� the 2.S Landscaen Diverse kids of landscap�n�shat! �e permitted using various ornamental trees and shrubs which are- pleasing to the"e0ye and attractive to birdgife shad not be permitted to be overgrown with noxious weeds nor continuously Left in an un�ce pro ��y condition. Landscaping sha!l be substantially Gc�r�npletea� within e,��,t�en mor�th� �f accup�rrc o� the residence. P y 2.9 Sidewalks. Before the occupancy of each residence, the homeowner ;s responsible p b[e to -3 install a 5 foot wide concrete sidewalk approximately 14 feet from the edn frontage of their lot. The fop of tyre sidewalk shall be the same height a g��e�toh�Q��d along tine the read in front of the property and shall be constructed �n accordance the city's �fi side edge of 2.10 Fences. No fence, including a solid board, chain link, concrete block, �in�ards. re#a�ning wolf shad be erected khat does nod have an equally pleasin � appearancefrom ��° ��9 P�e�thet- side, unless the adjoining lot owners whose property such fence separates, have been given an Opportunity , and accepted or rejected the opportunity to Participate in the construction. This must be in wrifing. No fence or wall shafl be erec d, placed or altered on any lot nearer to an that the minimum building setback line. y street 2. 1 1 D r'ain aAe Swale. The owners are required to landscape a 14 foot wide drainage swafe between the road and the sidewalk. The strip shall be planted in grass and be maintained by the homeowner. Flock, hark or other materials are not allowed in this area. No culverts ars allowed under the driveways. The driveway shall be constructed a allow excess storm water to flow to the adjoining properly after the retention area on the property has filled. The Swale shall be designed in accordance with the city's standards. 2.12 Easements. basements dor installation and maintenance of utilities such as water, power, sewer, heat and telephone are reserved as shown on the recorded pial. W'Ithin these easements, no structures, planting or other material shall be placed or permitted to rerrtain which may damage or interfere with the installation and maintenance of the utilities. The easement area of each lot and all improvements in if shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible.r 2.13 Noxious Activities. No noxious or offensive activities shai! be carried on upon said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or detract from its value. 2.'I4 Garbacie and Refuse. Na portion of the property sha!l be used or maintained as a dumping ground for rubbish, trash, garbage or other waste; all of which shah be kept only in sanitary containers which shall be removed of regular intervals. No junked or Inoperable vehicles shall remain on any lot for more than 30 days. During couction, the owner or contractor shalt be required to construct a temporary retaining fence around the construction scrip p'I le in order to retain scrap materials on the building site. Reasonable efforts shall be made bY ��e ownerc�nfractar to dfspose flf such materEais at frequent intervals. or 2.15 Tem oraY Structures. No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shadl be used on any lot at any time as a residence temporarily or permanently. ether 2.16 Animals. No animal or fowls of any kind shall be rased ,bred ar kept an an lot except that dogs, cats or other household pets may be kept, provided they are not ke tar maintained for commercial purposes. No Such household ped which is or becomes an�anno once or nuisance to the neighborhood shall thereafter be kept an any lob. Y 2.17 Signs. No signs of any kind shall be displayed to public view on ar from an tat or parcel Of hand, except a small sign Identifying the address and owner's name y temporary advertising signs advertising the properly for sale, or signs used by builderscop� far subcontractors or Declarant to advertise properly during the cs�ruction and salesperiodand politicai signs during elections. } 2.18 Commercial Uses. No commercial es#ablishment, industrial venture or business of any type mai be constructed, operated, or maintained upon said property, Name occupations v+rtllhC L 41 O w PII`ntnrca� i� ��GO!"�ar.ce the Citv r?f R?.Yburg ordinance, however. ARTICLE III ARCHITECTURAL CONTROLS 3.1 Nature and Duties. There is established hereby an Architec'tural Control Review Board, "Board" consisting of three members which shall have the duties and powers sPcified in the declaration, including, but not limited to, control of architecture of buildings, common areas, 01 landscaping, determinaflon c, ,spited issues under the declaration; -oval of variatians and amendments; and enforcement of the covenants, conditions and restrictions herein. it is understood that the review board of Division 7 is hereby merged into the review board hereby created for Division 2 with the terms of service described below. 3.2 Election and Term. Sheila Hill, Richard Hilt and Kirby Forbush are elected to each serve a term of four years or until the lots in development are sold, whichever occurs lash. Kirby Forbush is hereby appointed to be the Chairman of the Review Board. A majority of the Board may designate a chairman to act for it after the initial term. In the event of death or resignation of any member of the Board, the remaining members $pari have full authority to designate a successor. Neither the members of the Board nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. After all lets are said in the entire development being Divisions 1-5 , the then owners of record of a three-fourths majority of the lots shall have the power, through a duly recorded written instrument, to change the membership of the Board, to withdraw powers from the Board, or restore to if any of its powers and duties. If said Board ceases to function for any reason, the requirements of this entire section !II shoji be met by filing planS2nd specifications for approval or disapprove! with the Building Inspector of the City of Rexburg, 3.3 Procedure. The Board shad be responsible to review the plans and specifications dor each home proposed for the subdivision, as well as other structures or landscaping which are governed by these covenants. The Board is hereby granted full power #o approve or disapprove any house plan or btJilding project proposed for the development. ��an a mval hall be in writing and proof of approval rests upon the dot owner and not the Board. A majority of the Board is needed to decide questions. The board shatl have the right to investigate, interview witnesses, and seek expert legal, engineering, or other help. Decisions of the Board shall be binding upon all owners, unless arbitrary, capricious or contrary to state yr federal haw. Ou, ref pocket posts incurred by the Board will be assessed to the affected parties. 3.4 Remedies Preserved, The grant of power and authority to the Board shall not be construed to prevent any property owner from bringing an action to restrain violation by any other party of any of the terms and provisions of this declaration. ARTICLE IV DURATION, INTERPRETATION, AMENDMENT 4.1 Initial Term. Thane covenants shall remain in force and be binding upon the property, and upon all owners and subsequent owners, or uses of the property, for a period of fifty years from the date the covenants are recorded. 4.2 Renewal. these covenants shall be au�arna�icalfy renewed dor successive periods of ten years each, unless an instrumen# signed by a thre --110-iurth-s majority of the then owners of.the fobs has been recorded prior- to the expiration a� any term , yr renewal thereof, agreeing to change said covenants in whole or in pari. 4.3 Liberal Construction, The previsions of this declaration shall be liberally construed to :h effectuate its purpose of creating a mutually beneficial plan dor the development and maintenance Cf a fine and harmonious residential area. 4A Severabi The provisions of this declaration shall be deemed independent and severable, and the invalidity of or parfiaJ invalidity or enforce ability of any one provision or portion thereof, shall not effect the Validity or enforce ability of any ether provision hereof. 4.5 Enforcement. The lots shall be held, sold, and conveyed subject to the easemenfis, covenants, conditions and restrictions set for herein., all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the subdivision. No !at shall be sold without attaching a copy of these covenants to the died conveying fitle to such lot. Enforcement may be by the Board or any aggrieved party by proceedings at haw or equity against any person or persons vWafing or atfempting to violate any covenant, either to restrain violations or to recover damages, and SUCH are Subject to the penalty provisions described to 2. 1. Owners shall cooperate9M damages, 21 ;tilVjth each other in C145C]("'� fiaPf�". arr_ v� � �P��0I � E€ •C uuy�c��ves ani purpos� , Hereof and to that end from time to time may make, execute end deliver such other and further instruments �s ma be IF:necessary or convenient in the fulfillment of this declaration as described �n �.s. y 4.6 Amendment. These covenants can he emended at any ti me by Declarant prior to the sale of the lots , and thereafter as sed forth �n ��is document, th covenants can be amended by a vote of a three-fourths majority of the then property owners. Such instrument in writin si gne d and acknowledged by recorded owners holding three-fourths majority of the hofs in the sub -division, Said amendments shad be effective upon its recording in the Office of the Recorder of Madison County, Stade of Idaho. Alike majority of owners may permit variances, for good cause, or particular provisions thereof, by like instrument. IN WITNESS WHEREOF: the Declarant has hereunto setL its hand on the date first written above. .0 Kirby/J. P'orbush, manager Willow Brook Partners, L.L.C. ACKNOWLEDGMENT STATE OF IDAHO ) COUNTY OF MADISON MSS On this day of � F , 2005, before me a Notary Public, State, personaily aooearPri it ,�.i Fn, ��ti 1,.,,.,.,.....:�__.�._ �n an�! for said Brack Partners, L.L.C., rrvho`subscrib d said name �tfl the foregoing�instrument, aa io De tne gd aGer ofk�il�ow to me that he executed the same in said game of the Limited Liabilify Company. acknowledged IN WITNESS WHEREOF.,- I have hereto sed my hand and affixed my fl�ficiai seal the day andyear first above written. Residing at: Commission Expires AH 5 LYNDA MERRlLL NOTARY PUBIC STATE QF IDAHO R dio La ti R dio La