DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS
FOR
WOODHAVEN CREEK ESTATES
KNOW ALL MEN BY THESE PRESENTS:
That Paul Jenkins
, Rosemary Jenkins and Dennis Gray, (hereinafter referred to as the Owner) being the Owners of real property (hereinafter referred to as the Property) situated in Jefferson County, State of Idaho, and legally described as:
Lots 12-14 and Lots 29-37 of Block 2, Lots 1 – 10 of Block 3 of the Woodhaven Creek Estates, Division No. 2, Jefferson County, State of Idaho as per the Duly Recorded Plat thereof.
Do hereby declare that in order to protect their interest and that of subsequent lot owners and homeowners on said Property, and in order to insure the uniform and desirable use, occupancy, and improvements on said Property, do hereby impress the Property with the following covenants and restrictions:
ARTICLE I
1.1 Purpose: The Owner is the developer of the Property and desires to sell the Property in small lots for residential and limited purposes only and desires to impose upon the Property mutually beneficial restrictions upon improvements thereto and use thereof. It is the purpose and intent of these covenants to protect and enhance the value, desirability and attractiveness of the Property and to prevent the construction of improper or unsuitable improvements. The restrictions and covenants are imposed in order to: (1) insure the right of property owners to enjoy their property in attractive surroundings free of nuisances, undue noise, and danger, and (2) insure the uniform and desirable use, occupancy, and improvements on the Property, and (3) protect the living environment and preserve the values in the Property.
1.2 Declaration: The Owner hereby publishes and declares that all of the Property is held and shall be held, conveyed, sold, leased, and encumbered subject to the covenants, restrictions, limitations and obligations contained in this document for the improvement of the Property, and each part thereto, and the division of the Property into Lots, and these covenants, restrictions, limitations and obligations shall run with the land and shall apply to and bind the Owner and any person acquiring or owning an interest in the Property and improvements thereon, and the grantees, successors, assigns, heirs, devisees, and personal representatives of said Owner and persons.
ARTICLE II
2.1 Land Description: The Property covered by the "Declaration of Protective and Restrictive Covenants for WOODHAVEN CREEK ESTATES" is located in Jefferson County, State of Idaho, and is described herein as "Boundary '"Description."
2.2 Filing of Plat: The Owner contemplates recording a plat of the property, dividing it into lots and specifying access roads and easements. Uses authorized on the plat are specifically authorized under this document, and the plat and this document shall be construed together.
2.3 Name of Property: The Property shall be known by the name of WOODHAVEN CREEK ESTATES.
ARTICLE III
GENERAL USE RESTRICTIONS
3.1 Lot Size: The property shall be subdivided into lots of no less than .39 acres in size. No lot, as delineated on the filed plat, or as contained in the original deed of conveyance from the Owner, shall be subdivided or in any way reduced in size. This shall not prevent adjoining property owners from making minor adjustments in their common boundary, provided that each such adjustment must first be approved in writing by the Committee, established herein, and must be in harmony with the general character of the Property and must not be detrimental to the planning concepts contained in this document.
3.2 Building Location: No dwelling residence shall be located on any lot nearer than eighty (80) feet from the center line of the county road or eighty (80) feet from the high water mark of any live stream or canal; or nearer than twenty-five (25) feet to any side street lot line; or nearer than fifteen (15) feet to any side lot line, or nearer than ten (10) feet to any rear lot line. Measurements shall be from the foundation line. For a two-story structure, a side yard of eight (8) inches shall be required for each foot of height, but not less than ten (10) feet.
3.3 Building Standards and Quality: The construction of all residences, when commenced shall be completed with reasonable promptness not to exceed one (1) year, and an unfinished building shall not be left on the Property. No construction or placement of a residence is permitted if the total property (including the land), when completed, should appraise at less than $120,000 at values prevailing on the date these covenants are recorded in Jefferson County, Idaho. All dwellings shall be of good quality workmanship and materials and substantially the same or better than that which can be produced on the date these covenants are recorded. All dwellings shall consist of at least twenty five percent (25%) of Brick, Stucco, or Rock on the front face. No mobile or manufactured home, whether single or double-wide, shall be permitted on any lot or lots on or within the above-described property, it being intended that these amended covenants avoid the operation and application of Idaho Code §67-6509 (A) to the extent such legislation would otherwise allow single or double-wide mobile or manufactured homes to be located on the real property described herein. Moreover, all residences shall be in compliance with applicable building codes and have appropriate and lawful sanitation facilities.
3.4 Residence Size: Garage:
A. The ground floor area of a single story, one or two bedroom home (with or without a basement), exclusive of open porches and garages, shall be not less than 1300 square feet. The ground floor area of a single story three bedroom home, (with or without a basement), exclusive of open porches and garages, shall be not less than 1300 square feet.
B. For a split level residence, the combined area of the top and next to the top level, exclusive of open porches and garages, shall be not less than 1400 square feet, providing, however, that such residence shall contain at least 1700 square feet exclusive of basement, open porches and garages.
C. One and one-half story, two story and bi-level homes shall have a ground floor area of not less than 1100 square feet, providing, however, that such residence shall contain at least 1300 square feet exclusive of basement, open porches and garages.
D. It is further required that no residence, whatsoever, shall be constructed or placed onany lot without at least an attached two car garage. A carport will not suffice in lieu of a garage. The design of garages and accessory buildings shall be in harmony and
compliance with the theme of the residence as determined by the Committee.
3.5 Property Use: None of the Property nor any fraction thereof shall be improved, used or occupied for any purpose other than for private residential purposes, except as herein provided; and such restrictions to private residential purposes shall include, but not be limited to, the following specific covenants and restrictions: Not more than one residential dwelling shall be constructed upon each lot, and all lots within the Property shall be owned and used exclusively for single family residential purposes. Any residence constructed on any lot shall be designed for occupancy by not more than one family, and shall be a detached single family residence not to exceed two stories in height.
3.6 Outbuilding Standards: All outbuildings must be approved by the Architectural Control Committee, and must not detract from the architectural theme of the house. No outbuilding, including detached garage, shall be large enough to overshadow the main dwelling in size and should be built of the same materials as the main dwelling and must conform to the general architectural theme of the primary residence. The maximum size is 900 square feet for any outbuilding.
3.7 Landscaping: Diverse kinds of landscaping shall be permitted with the major restriction that the property shall not be permitted to be overgrown with noxious weeds nor continuously left in an uncared for condition. The lot owner must reasonably maintain any plantings on a lot. Each lot owner must control leafy spurge, bull thistle and all other noxious weeds, and no unkempt yards shall be allowed.
3.8 Fences: No fences shall be constructed except after approval and review by the Committee, and all fences shall be designed and constructed so as to be compatible with the Property. Except as provided herein, all fences shall be constructed of wooden, metal, vinyl or masonry materials. All fences shall be designed and constructed so as not to constitute a nuisance or offensive effect on other owners. No fence, including a solid board or picket fence or retaining wall, shall be erected that does not have an 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. No fence shall be erected which will obstruct clear sight lines of an intersection. Chain-link fences for animal containment purposes, with property screening from neighbors and public view, may be acceptable upon approval of the Committee.
3.9 Mailboxes: All mailboxes and mailbox holders shall be of a standard design and accepted by the Committee and adhering to the applicable specifications of the U.S. Postal Service. Each owner shall be responsible for the maintenance and replacement of his or her mailbox so as to keep it in a state of repair at all times.
3.10 Satellite Dishes, Utility Lines and Antenna Structures: Satellite dishes shall not be placed anywhere within the front boundaries of any residence. All utility lines and pipe laid in said division must be installed underground, and no telephone or electric line shall be installed therein on poles or posts above the ground. Antenna structures of the tower type for receiving or sending radio signals are prohibited unless explicitly approved by the Committee.
ARTICLE IV
SPECIFIC USE RESTRICTIONS
4.1 Temporary Residences and Recreational Vehicles: No structure of temporary character, recreational vehicle, camper unit, or trailer may be used on the Property for a period in excess of ninety (90) days in a calendar year. No basement, tent, shack, garage, barn, or the like, or other outbuilding or structure erected or placed on the Property shall, at any time, be used as a residence, either temporarily or permanently; except, temporary, recreational camping by family members and guests, on a non-commercial and non-offensive basis, is allowed for a time period not to exceed fourteen (14) days.
4.2 Animals and Agricultural Usage: No livestock or animals of any kind or character shall be kept or maintained on the Property except the following may be allowed with each dwelling residence: (1) each family actually residing in a house on a lot shall be allowed no more than three household pets, and all household pets shall be kept in an enclosure or under control at all times. All pets, shall be maintained in such a way that they shall not become offensively odorous or noisy to any owner of the Property. Under no circumstances shall any swine, goats, chickens or sheep be permitted to be kept or maintained on the Property. All household pets shall be kept in an enclosure or on a leash, kennel or fenced area. Under no circumstances shall any animals be bred and/or maintained on the Property for any commercial purpose. Under no circumstances shall any feed lot be operated or maintained on the Property. Dog or Pet Houses: Dog or pet houses are allowed provided that both the dog or pet house and its surroundings are kept in a neat and orderly fashion. Dog runs, pens and kennels are not permitted, unless approved by the Committee. No commercial truck farming, fruit raising or greenhouse operation shall be utilized or maintained on the Property, temporarily or otherwise.
A. There shall be no storage of farm machinery, farm trucks, or other agricultural equipment on the Property.
B. Crops and other agricultural products shall not be stored on the Property, except for personal, family, or household use.
4.3 Noxious Activities: No noxious or offensive activity shall be carried on or upon any portion of the Property, nor shall anything be put thereon which may be or may become an annoyance or nuisance to any of the other owners. No noxious or offensive operation and/or business or trade of any kind, even if allowed by Municipal, County or State law or zoning, shall be allowed or maintained on any lot. In case of a dispute, at the request of any owner, the Committee shall make the final determination of what constitutes a nuisance. No owner shall cause or allow the origination of excessive odors or sounds from his or her lot, and no owner shall cause or allow any nuisance of any kind whatsoever to exist on his or her property.
4.4 Garbage and Refuse Disposal: Garbage, rubbish or other waste shall be kept and promptly disposed of in a sanitary manner, and all containers shall be kept in a clean and sanitary condition. No garbage, rubbish or other waste shall be dumped on any vacant lot or upon any canal right-of-way or any other easement or right-of-way. Said garbage and refuse must be disposed of at least weekly. No weeds, garbage or refuse piles, trash, vehicles, discarded articles, or other unsightly objects shall be placed or suffered to remain on any part of any lot, including vacant lots. When the construction of any building is once begun, waste or debris associated with said construction must be kept reasonably and timely piled and removed. Burning of trash in outside receptacles is prohibited. Motor Vehicles: No inoperable vehicles will be allowed to be parked on a lot for more than sixty (60) days.
4.5 Oil and Mining Operations: No oil or mineral drilling, development, refining, quarrying or mining operations of any kind are permitted upon or in any lot, nor shall oil wells, tanks,tunnels, mineral excavations or shafts be permitted on or in any lot. No derrick or other structure designed for use in boring for oil, natural gas or any mineral shall be erected, maintained or permitted upon any lot.
4.6 Well Water and Septic Tanks: All wells and septic tanks shall be installed by a contractor explicitly approved by the appropriate agency and/or political subdivision of the State of Idaho.
4.7 Signs: No sign of any kind shall be displayed to the public view on any lot except: (A) a sign of not more than one square foot showing the owner's name and conventional house address or number; or (B) one professional sign of not more than five (5) square feet advertising the property for sale or rent, or (C) signs of the Owner, or approved by the Owner, to advertise the property during the construction and sales period of the Property.
4.8 Commercial or Noncommercial Uses Prohibited: No commercial or noncommercial enterprise, industrial venture or business of any type or nature may be constructed, conducted, or maintained upon the Property. However, this prohibition is subject to the condition that seventy-five percent (75%) of the property owners, in their sole discretion, may permit, only by a written document signed by said percentage, one home-occupation, home-profession or home-business to be conducted solely within the confines of a single family residential dwelling, without resort to other structures on the lot.
4.9 Utility Companies shall have the right to install, maintain, and operate their equipment above and below ground and all other related facilities within the Public Utility Easements identified on the Final Plat as may be necessary or desirable in providing utility services within and without the lots identified therein, including the right of access to such facilities and the right to require removal of any obstructions including structures, trees and vegetation that may be placed within the Public Utility Easements. The Utility Company may require the lot owner to remove all structures at the lot owner's expense. At no time may any permanent structure be placed within the Public Utility Easements or any other obstruction, which interferes with the use of the Public Utility Easements without prior written approval of the Utility Company with the facilities in the Public Utility Easements.
ARTICLE V
DURATION, AMENDMENT, INTERPRETATION
5.1 Initial Tenn: These covenants and restrictions shall remain in force and be binding upon the Property and run with the land and all owners and subsequent owners that acquire any interest in any of the Property, or any lot, portion or parcel thereof shall be subject to these covenants and restrictions for a period of twenty (20) years from the date this document is recorded in Jefferson County, Idaho; and at the expiration of said twenty (20) year time period, these covenants shall be automatically extended for successive periods of ten (10) years each.
5.2 Amendment: The recorded owners of seventy-five percent (75%) of the lots may change, modify, amend or vary these covenants and this document, in whole or in part, during any term or extended term thereof, by a written instrument signed by said owners and properly recorded in Jefferson County, Idaho. Said change, modification or amendment will be effective upon said recordation.
5.3 Liberal Construction: The provisions of this declaration shall be liberally construed to effectuate its purpose of creating a mutually beneficial plan for the development and maintenance of a superior, attractive and harmonious residential area.
5.4 Saving Clause: The provisions of this declaration shall be deemed independent and severable, and the invalidation or partial invalidation or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. The failure of any party, owner, or entity to enforce any covenant or restriction shall not constitute a waiver or abrogation of said covenant or restriction.
ARTICLE VI
COMMITTEE
6.1 Establishment, Nature, Power and Duties of Committee: There is hereby established a Building and Design Committee (herein referred to as the Committee) composed of three members which shall have the duties and powers specified in this document, including, but not limited to: (a) the control of the architecture and location of residential dwellings, buildings and other improvements and landscaping, (b) the determination and resolution of disputed issues under this document, (c) the approval of variations and amendments to this document, and (d) the enforcement of the covenants, conditions and restrictions herein. Ail plans for structures of any kind intended to be constructed or placed on any lot shall first be submitted in the form of a written document to the Committee for approval as to: (1) the location on the lot, and (2) the architectural design and/or appearance and/or harmony of the proposed structure with the rest of the actual or intended development of the Property, and (3) topography and finish grade elevation. The decision of the Committee in approving or denying said plans shall be final.
6.2 The Building and Design Committee is composed of Paul Jenkins, Rosemary Jenkins, and Dennis Gray. A majority of the committee may designate a representative to act for the Committee. In the event of death or resignation of any member of the Committee, (1) the remaining shall have full authority to designate a successor at any time and (2) the then record owners of a majority of the lots shall have the power, through a duly recorded written instrument, to change the membership of the committee or to withdraw or restore to the committee any of its power and duties.
6.3 Plan Approval: The Committee shall act and decide within thirty (30) days of the date of submission of any written plan for approval or any other issue, and if the plan or issue be not approved, the request, construction, placement or intended addition and/or improvement to any lot shall not be undertaken. The Committee's approval or disapproval shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within thirty (30) days, or in any event, if no suit to enjoin the construction has been commenced prior to the completion, their approval will not be required and the related covenants shall be deemed to have been fully complied with. The following are examples of reasons for disapproval.
A. The decision or color scheme of a proposed residential dwelling, building or improvement is not in harmony with the intended or actual general surroundings of the lot or with the adjacent buildings, structures, or other residential dwellings.
B. The proposed improvements or any part thereof, would, in the opinion of the Committee, be contrary to the best interest and welfare or rights of all or part of the other owners.
ARTICLE VII
8.1 Enforcement: The building and design committee is hereby given the right and authority to levy fines against those found in noncompliance with the covenants, conditions, and restrictions. If unpaid, fines will be recorded as liens against the property with those found in noncompliance bearing the financial responsibility to remedy the situation.
COVENANTS-AMENDMENT # I
Outbuildings. All outbuilding must be approved by the Architectural Control Committee, and must not detract from the architectural theme of the house. No outbuilding, including detached garage, shall be large enough to overshadow the main dwelling in size and should be built of the same materials as the main dwelling and must conform to the general architectural theme of the primary residence. The maximum size is 900 square feet for any outbuilding.
