DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
DUQUETTE PINES, DIVISION NO. 2
KNOW ALL MEN BY THESE PRESENTS:
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, HEREINAFTER CALLED “DECLARATIONS” IS MADE AND EXECUTED IN BOISE COUNTY, IDAHO THIS 5th DAY OF APRIL, 1977, BY DUQUETTE PINES, INC., AN IDAHO COPORATION, HEREINAFTER CALLED ”DECLARANT”
WITNESSETH:
WHEREAS, DECLARANT IS THE OWNER OF A CERTAIN REAL PROPERTY LOCATED IN BOISE COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION INTENTIONALLY OMITTED
WHEREAS, the Declarant intends to sell this property in small tracts, or lots, for residential purposes only, and desires to impose upon said property mutually beneficial restrictions upon the type, kind and nature of all buildings, together with all improvements to be constructed or placed on said property, and
WHEREAS, it is the further desire of the Declarant as part of the general development plan for the benefit and protection of the Owner of the respective lots within said subdivision to provide for certain use restrictions which shall govern and control the use and enjoyment of said lots within the above described property.
NOW THEREFORE, the Declarant does hereby publish and declare that all of the property described above is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and approved subject to the following conditions, covenants, restrictions, uses, limitations, and obligations, all of which are declared and agreed to be in mutual benefit for the improvement of said property and the division thereof into lots and shall be deemed to run with the land and shall be a burden and a benefit to the Declarant, its successors and assigns, and any person acquiring or owning any interest in the real property and improvements thereon, their grantees, successors, heirs, executors, administrators, devisees and assigns.
1. Definitions of the terms that are used in this Declaration shall be defined as follows unless the context clearly indicates a different meaning:
(A) Declarant shall mean Duquette Pines, Inc., whose officers have made and executed this Declaration;
(B) Declaration shall mean this instrument by which the within covenants, conditions and restrictions have been imposed upon the described real property;
(C) Owner shall mean any person or entity with an ownership interest in any of the above described real property;
(D) Board shall refer to the Architectural Control Board as established by the Declaration of Covenants, Conditions, and Restrictions Duquette Pines, Division No. 1 and recorded in the Recorder’s Office of Boise County, Idaho. Owners in Division No. 2 shall have the same voting rights as those in Division No. 1.
(E) Property shall mean all of the described real property generally described as DUQUETTE PINES, DIVISION NO. 2, Lots 3 through 11 of Block 3, Lots 1 through 11 of Block 4, and Lots 1 through 14 of Block 5.
2. Said property may be used only for residential purposes and for no other purpose. No more than one main dwelling house and one guest house may be built, constructed, placed upon, or moved upon any one lot. No lot may be divided into smaller parcels or lots.
3. Prior to the building, constructing, or placing of any major improvements or structures on a lot and/or placing of any major landscaping, written plans shall be submitted to the Board for its approval. In the event such plans are disapproved, said structure or improvement many not be constructed, built, or placed upon said lot. The decision of the Board is final and binding upon all parties concerned.
4. All permanent buildings shall be set back a minimum of thirty-five feet from property lines fronting on roads and a minimum of twenty feet from all other property lines. In addition, to facilitate snow removal and utility maintenance, fences shall be set back a minimum of five feet from property lines fronting on roads.
5. There is reserved a five foot wide easement on each side of each property line for the construction and maintenance of utilities.
6. No trailer or trailer type houses or similar type facilities not on a permanent foundation will be permitted on any lot except on a temporary basis, not to exceed two years, during construction of permanent housing. All permanent housing shall be a minimum of six hundred feet in area. Sun decks, car ports, patios, and other unenclosed or unroofed areas are not to be included in the computation of building area. Trailer or modular type homes intended to be placed on the lots for permanent use shall meet the requirements of the Board in so far as type, design, and exterior finish are concerned.
7. The Board shall have the option of permitting variances to the building restrictions listed in paragraphs 5 and 6 above where size or shape of lot or topography make strict application of the restrictions impractical or difficult. The prime concern of the Board will be that design, exterior finish, and location harmonize with and compliment the natural environment to the extent practicable.
Requests for variances shall be made to the Board in writing, and the Board’s decision shall be made in writing within thirty days of the request. The Board’s decision shall be final and binding upon all parties concerned.
8. All dwellings and other structures shall be completed to a finished exterior including doors and windows within two calendar years after start of construction. Site grading and/or excavation for footings, foundations or piers shall be construed as start of construction. The Board shall have the option of granting reasonable extensions of time when requested in writing and justified on a basis of extreme hardship or conditions beyond the owner’s control.
9. No cattle, sheep, pigs, reptiles, or other animals may be maintained on any of the described property with the exception of domestic household pets.
Horses, mules, and ponies may be kept on the lots for limited periods, not to exceed over night holding.
10. No shooting shall be permitted on the private property or on any of the roads within the Division or on the private property and roads adjoining the Division.
11. All dwelling houses and trailer houses shall be provided with approved indoor toilet facilities and shall have a sewage disposal system composed of a septic tank and drain field. All sewage systems must have the approval of the Idaho State Sanitary Inspector.
12. All wood or coal burning chimneys will be equipped with approved spark screens.
13. No cutting of trees will be allowed on any lot except that necessary for clearing buildings and utilities and other necessary site development.
14. None of the property described above shall be used for the purposes of carrying on or maintaining any business, commercial or industrial activities, including commercial breeding of small animals, unless previously approved by the Board.
15. No noxious or offensive activities shall be carried on upon such property nor shall anything be done therein which may be or become an annoyance or nuisance to any of the surrounding owners.
The term noxious or offensive shall apply to the open storage of boats, trailers, machinery, trucks, pickups, automobiles, and other forms of bulk storage not normally associated with the residential uses of property. The intention is not to prohibit such storage but that such storage shall be confined to definite areas enclosed by a building which shall be approved by the Board. A fence shall not be construed as a building enclosure for storage.
16. No more than one sign of any kind shall be displayed to the public view or from any lot and this one sign shall not exceed two feet by four feet in overall dimension.
17. No portion of this property shall be used or maintained as a dumping ground for rubbish, trash, garbage, and other waste shall be kept only in sanitary containers. Incinerators shall not be allowed and other equipment for disposal of said waste material shall be maintained in a sanitary and orderly condition and must meet the requirements for such equipment imposed by the State of Idaho.
18. The Board, as specified herein, shall have the power to enforce any and all of the conditions, covenants and restrictions set forth and shall have the power to assess against the owners of each lot specified herein up to $150.00 per year for maintenance, site care, development and maintenance of roads. It is recognized, however, that should actual costs (to perform the foregoing services) exceed the assessment ceiling of $150.00 per year, the Board may increase such assessment by a percentage factor necessary to defray the additional reasonable, and proper costs incurred by the Board in performing this service. In the event of an assessment increase, written notice of such increase will be sent to owners, and owners may, upon due inquiry of the Board, review the cost computations used by the Board in arriving at such assessment increase to determine the reasonableness of same.
Maintenance of roads during summer, spring and fall months will consist of grading, drainage, and that type of maintenance normally performed by county road crews on unpaved roads. Maintenance during winter months will consist of snow removal between but not during major storm periods and will, in general, be limited to that necessary to provide passable, single lane roads for cars with chains or 4-wheel drive vehicles with traction type tires.
19. Each owner, upon starting construction, shall install in his main water line at a point adjacent to his building area a standpipe with stop and waste valve of approved size and design for coupling to a fire house or pumper to be used in fire suppression and prevention. The water line leading from main line to this standpipe shall be not less than two inches inside diameter.
20. The ten foot wide easement between Lots 3 and 4, block 5 and shown on the official plat is intended as a foot and bridle path only, an no vehicular traffic will be allowed on this easement.
21. Any question or dispute as to whether a particular lot is being used within restrictions shall be submitted to the Board. The Board shall make this determination within thirty days. Its determination shall be final and binding upon the owners of said lots. The Board’s approval or disapproval required in this Declaration shall be in writing.
22. The provisions of this Declaration may be altered and modified or amended by an instrument in writing signed and acknowledged by record owners holding 75% of the lots set forth above. Said alternations, modifications, or amendments shall be effective upon recordation in the Office of the Recorder of Boise County, State of Idaho.
23. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a mutually beneficial plan for the development of a residential subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provisions or any provision hereof.
24. Provisions hereof shall be deemed independent and servable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not effect the validity or enforceability of any other portion thereof.
25. This Declaration shall take effect upon recording.