Instrument # 184261
2002.01-15 01:05:02 No. of Pages: 12
Recorded for: JOE GRUBIAK
RORA A. CANODY;
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
DUQUETTE PINES, DIVISION NO.4
DECLARATION is made this 15TH day of January 2002 by
Section 1.1: Common Interest Community: The name of the common interest
created by this Declaration is "Duquette Pines Division No.4". All of
the property subject to this Declaration is located in
Section 1.2: Property Affected: Declarant owns certain real
Section 1.3: Purpose of Declaration: This Declaration is executed and recorded to define the duties, powers, and rights of future owners' of the property and to provide for the creation of a property owners' association specifically for Duquette Pines Division No.4 or, in the alternative, provide for the annexation of the property into an existing master homeowners' association for Duquette Pines Divisions 1, 2 and 3 which is described as Duquette Pines Architectural Control Board, Inc. doing business as Duquette Pines Homeowners' Association, to dedicate certain common areas and to provide for the maintenance of such common areas.
Section 1.4: Declaration: Declaration hereby declares that each lot, parcel or portion of Duquette Pines Division No; 4, is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied, and improved subject to the following terms, covenants, conditions, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the property, and to enhance the value, desirability and attractiveness of the property. The terms, conditions, covenants, easements and restrictions set forth herein; (i) shall run with the land constituting the property, and shall be binding upon all persons having any right, title, or interest in property or any lot, parcel or portion thereof; (ii) shall inure to the benefit of every lot parcel or portion of the property and interest therein; (iii) shall inure to the benefit of and be binding upon Declarant, Declarant's successor in interest and each grantee or owner and such grantees or owners respective successor in interest; and (iv) may be enforced by Declarant, by any owners or such owner successor in interest, or by the Association as herein after described.
Section 2.1: Assessments: "Assessments" shall mean those payments required of lot owners or Association members, including regular, special and limited assessments of the Association.
Section 2.2: Association: "Association" shall mean a non-profit corporation created by the Declarant for the formation of a property owners' association specifically for Duquette Pines Division No.4 or, in the alternative, "association" may refer to the Duquette Pines Homeowner's Association, either of which shall be determined by Declarant as of the Transfer Date described in paragraph 5.3 below.
Section 2.3: Board or Directors: "Board of Directors" or "Board" shall mean the Board of Directors of the Association.
Section 2.4: Bylaws: "Bylaws" shall mean the bylaws of the Association.
Section 2.5: Common Areas and Amenities: The common area and amenities for
the property shall include all private roads, more particularly referred to as
Lot 31 Block 3, a 1.14 parcel of land to be utilized as a storage facility to
be located at Lot 9 Block 1, an open meadow area described as
Section 2.6: Community: Shall refer to the property within Duquette Pines Division No.4 and any property which may subsequently be annexed thereto.
Section 2.7: Declarant: Declarant shall mean Western Land Company L.L.C. an Idaho Limited Liability Company, its successors and assigns.
Section 2.8: Declaration: Declaration shall mean this Declaration of the covenants.
Section 2.9: Improvements: Improvements shall include buildings, outbuildings, roads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, and other structures or landscape improvements of every kind and type.
Section 2.10: Lot:
Section 2.11: Member: Member shall mean a member of the Association who is a record owner or contract buyer of any lot. If a lot is owned by more than one person or entity, all owners shall be considered one for voting and noticing purposes. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation. Membership shall be pertinent to and may not be separated from ownership of any lot. Any transfer of title to a lot shall automatically transfer said membership to the new lot owner.
Section 2.12: Plat: Plat shall mean the final plat, filed of record with the Boise County Recorders Office.
Section 2.13: Rules and Regulations: Rules and regulation shall mean the rules and regulations adopted by a Board concerning the operation of the Association.
Section 2.14: Transfer Date: Transfer date shall mean the date the Declarant shall transfer its interest to the Association as more particularly described in section 5.2 below.
ARTICLE 3-LAND USES AND IMPROVEMENTS
Section 3.1: Land Use and Living Units: All of the subject lots shall be used and occupied solely for single family or private recreational purposes as allowed herein. None of the subject lots or parcels shall be split, divided or subdivided into smaller lots or parcels other than as indicated on the recorded plat of Division No.4 of Duquette Pines. All lots shall be subject to the following conditions and limitations:
A. No buildings, other than one detached residence, a private garage for the use of the occupants of such residence and such other usual and appropriate outbuildings incidental and appurtenant to a private residence, shall be erected or maintained on any lot. No accessory structure shall be constructed until the primary residence is complete. However, with prior written Board approval, an accessory structure may be constructed at the same time as the primary residence. No use whatsoever shall be made of any lot herein other than as the site and grounds of a private residence with the exceptions noted in subparagraph 0. below. The term "private residence" as used herein, is intended to exclude every form of multi-family dwelling, boarding house, bed and breakfast and the like. But is not intended to exclude a guest house or caretakers quarters for persons employed upon the premises, if such guest or caretakers quarters are allowed by applicable Boise County Ordinance, and only if the primary residence is first constructed.
B. No structure of a temporary character, which shall include pre-manufactured mobile homes, double or triple wides, basements, shack, garage, barn or other outbuilding, shall be used on any lot at any time as a residence, either temporarily or permanently; nor shall any residential structure be moved onto any lot from any other location, unless such structure is of a type of pre-manufactured log home kit or hand hewn log structure that has been previously approved in writing by the Board.
C. No lot owner shall permit the use
of a pickup, camper, camp trailer, tent, mobile home, motor home or any other
similar device to be used as a temporary or permanent residence or camp site
with the following limited exception. Camping is permitted on any
D. Primary residence structures shall contain no less than 1200 Sq. Ft. of heated finished living space, exclusive of porches, terraces, basements, or garages if a one story structure and no less than 1800 Sq. Ft. if a two story structure. All construction must be of good quality and done in a good and workman like manner.
E. All buildings shall observe set back requirements of at least 20 feet from any lot line and at least 50 feet from any road right of way. A variance of the road right of way setback may be requested from the Board in writing to provide for suitable building envelope. Variances should be limited to circumstances where an undue hardship or impracticality would result from imposition of the 50 foot setback.
F. No improvements of any kind shall be built, erected, or placed on, materially altered, or removed from a lot unless and until such improvements or alterations have been reviewed in advanced by the Board and approved in writing. To expedite review by the Board, the Lot owner shall submit his request for approval in writing, on a form to be supplied by the Board, and attached thereto site plans, floor plans and elevations, construction schedules, the builders name, address and phone numbers, examples of building materials including color schemes to be used for the exterior of any structure.
G. Detached garages, guest quarters, barns, outbuildings and storage
sheds shall be allowed if in conformity with the provisions of this Declaration
and the applicable ordinances of
H. All access driveways shall have a wearing surface approved by the Board and shall be graded to assure proper drainage.
I. Exterior lighting, including flood lighting, shall strive to avoid excess brightness. Lighting fixtures utilizing mercury lamps shall be prohibited.
J. The maximum height of any building shall be in compliance with
K. Roofs shall be required to be of a pitched design and shall be covered with non-flammable materials such as non-reflective metal, tile, fire retardant wood shingles or composite shakes.
L. No exterior surfaces of any structure shall be painted other than natural or earth tones (excluding trim) and no reflective roofing material may be exposed on any lot. All exterior walls of any structures shall be of natural looking materials such as wood, stained wood, rock or brick, or a manufactured product, such as wood manufactured siding but specifically excluding T111 siding and no use of vertical siding is permitted without prior Board approval.
M. Any exterior communication device, including satellite dishes, TV antennas, or digital receiver, transmitter or radio antennas shall not be larger than 24 inches in diameter nor higher than the highest point of the main structure. All efforts should be used to attempt to screen any such device from the view of any public road and from other homes.
N. Construction of any improvements, once commenced, should proceed continuously and without interruption and be completed within 12 months. The start date of construction shall commence from the date of excavation of earth for a foundation.
0. In home businesses are permitted on a limited basis only. Businesses, which require or create client or customer traffic or parking requirements of two or more vehicles per day, are specifically prohibited. All in home business must first apply to the Board for permission to operate and, if in the opinion of the Board, whose opinion shall be final, is deemed inappropriate, consent shall not be given. No sign shall be permitted on the property advertising the existence of any business done from the residence.
P. Storage of building materials are permitted only on a temporary basis during the construction or alteration to improvements on the lot.
Q. No fence, wall or hedge shall be higher than 4 feet 6 inches without the prior written consent of all, adjoining lot owners and the Board of Directors. Fencing should accommodate existing wildlife corridors by construction design and materials, which are "wildlife friendly," pursuant to the guidelines established by the Idaho Department of Fish and Game.
Section 3.2: Storage of Vehicles and Equipment: All boats, boat trailers, travel trailers, camper trailers, snow mobiles, motorcycles, ATV's, excess or unregistered vehicles, motorhomes and the like, must be garaged or enclosed on the owner's property. Limited storage for such devices shall be permitted on Lot 9 Block 1 of Duquette Pines Division No.4 subject to rules which may be established by the Board from time to time. Limited storage for boats, boat trailers, travel trailers, campers and motor homes shall be permitted at this site. Storage of other types of personal property including snowmobiles, excess vehicles, unregistered vehicles, motorcycles and the like shall not be stored within the common storage area. In addition, no camping shall be permitted on Lot 9 Block 1.
Section 3.3: Parking: No vehicle may be parked or stored on any portion of a lot that is not operable, placed on blocks or otherwise incapacitated for more than 14 days.
Section 3.4: Animals:
All animals kept by a lot owner must be fenced within the boundaries of
the lot. Any animals maintained on the property are permitted for personal use
only and not for any commercial or business enterprise. Commercial kennels are
specifically excluded. No pigs or exotic animals are permitted on any lot.
Section 3.5: Operation of Motorized Vehicles: All terrain vehicles, snow machines, motorcycles, or other similar devices may be operated within the subdivision only for direct ingress and egress from the owner's lot to areas outside the subdivision or to common areas where their operation may be permitted.
Section 3.6: Drainage: No owner shall alter or create ground works which will interfere with the established drainage pattern of a lot.
Section 3.7: Building and Grounds Condition: Each owner shall maintain the exterior of his or her dwelling unit and all other improvements on the lot in good condition and shall cause them to be repaired as the effects of damage or deterioration become apparent. Each owner shall, to the best of his or her ability, maintain his or her lot in good appearance at all times.
Section 3.8: Landscaping: No trees shall be removed from a lot except for clearing, to construct a home site, driveway or outbuilding. The owner of each lot, upon erecting a single family residence or other approved structure, shall preserve and enhance natural landscaping to the maximum extent reasonably possible.
Section 3.9: Refuse: No unsightly objects or materials including but not limited to ashes, trash, rubbish, garbage, glass, or shrub clippings, scrap metal or other refuse, or receptacles or containers therefore shall be stored, accumulated or deposited outside or so as to be visible from any neighboring property or adjoining street, except during refuse collections.
Section 3.10: Fire Suppression: Each owner shall be responsible
for providing a standpipe adjacent to and facing the street for fire
Section 3.11: Signs: The only signs permitted on any lot or improvement shall be:
A. One sign of reasonable size not to exceed 1 foot by 2 feet for identification of the occupant and the address of any dwelling;
B. Signs for sale and administration purposes installed by the Declarant during development;
C. Following the transfer of control by the Declarant to the Association, standard real estate signs advertising a lot for sale not to exceed 4 Sq. Ft. in surface size;
D. Signs as may be necessary to advise of rules and regulations or to caution or warn of danger; and
E. Such signs as may be required by law.
Section 3.12: Easement: A minimum 60 foot wide right of way easement shall exist for all platted roads for common access throughout the property. In addition, a twelve-foot wide centered utility and drainage easement exists along all interior property and subdivision boundary lines. No construction or improvements, other than the construction and maintenance of driveways and sidewalks, shall be made within the above described easements for the purpose of preserving access for utilities, drainage and rights of way.
Section 3.13: Pre-Construction Approval: Prior to the commencement of work
on any structure or other physical improvement, the
Section 3.14: Procedure For Board Approval: Whenever Board approval is required of a
ARTICLE 4-COMMON AREA
Section 4.1: Common Area: Declarant has dedicated common area, namely,
of Duquette Pines Division No.4, for the purpose of providing owners with
storage facilities for certain types of vehicles and other personal property.
In addition, Declarant has dedicated Lot 24 Block 3 of Duquette Pines Division
No.4, as an open area for the exclusive use of
Ownership of the common areas and amenities associated therewith, shall be transferred from the Declarant to the Association as of the Transfer Date which is more particularly described in section 5, 3 below. The only exceptions shall be Lot 2 Block 1 mentioned above which houses the community well facilities and the entry parcel identified as Lot 1 Block 5. A formal acceptance by the Association of such transfers shall be required. The Board, on behalf of the Association shall accept such transfers subject to the condition that they maintain said properties, pay appropriate taxes or other assessments and use the same for the common good of the Association. Declarants only responsibility regarding such common areas and amenities, shall be to ensure that on the date of transfer, said properties are free of liens and encumbrances, save and except those commonly shown as standard exceptions on a policy of title insurance in
Following the Transfer Date, the Board shall be responsible for the maintenance, upkeep and preservation of the common areas including without limitation, the payment of taxes, general maintenance, replacement including the creation and dissemination of rules regarding their use.
Control over the use of these common areas is vested in the Board, which shall promulgate reasonable rules regarding the use of such areas. The Board may suspend or revoke any owner's right of use of such areas for violations of such rules. Use of the common areas shall be at the owner's own risk, and by the use thereof, said user assumes such risk.
ARTICLE 5-CREATION OF NEW PROPERTY OWNERS' ASSOCIATION OR MERGER
Section 5.1: Creation of New Property Owners' Association: Declarant shall create a non-profit
corporation for the purpose of forming a Property Owners' Association for the
benefit and use of the
Section 5.2: Merger Alternative: Declarant may elect, prior to the Transfer Date, to merge Duquette Pines Division No.4 with the Master Homeowners' Association for Duquette Pines Division No. 1, 2 and 3 which are currently operated through Duquette Pines Homeowners' Association. If Duquette Pines Division No.4 is formally incorporated into and becomes part of
Pines Homeowners' Association, references to the Board and transfer of common
areas will be directed to that entity. In the interim Declarant shall act in
the capacity of the Board of Directors of the Property Owners' Association. The
decision to merge with the existing Homeowners' Association or create a new
Property Owners' Association exclusively for
Section 5.3: Transfer Date: Declarant shall transfer its interest to the common areas, historical documents pertaining to the creation of the subdivision including without limitation copies of these Declaration and Protective Covenants, conditions restrictions and easements, banking or trust accounts and any other information to the Board upon the following event, whichever first occurs:
A. Declarant has sold and closed, at least 90 percent of the lots available for sale within Duquette Pines Division No.4 or, such earlier date at Declarant's sole election;
B. Upon the date that Declarant and the Board enter into a Transfer
Agreement whereby Declarant's interests described in this Declaration are formally assumed by the Board on behalf of the Association.
Section 6.1: Exception for Declarant: Declarant shall not be subject to assessments for any lots it retains prior to the transfer of control to the Association. However, prior to such time, the Declarant shall be deemed to have met its reasonable obligation regarding assessments by the contribution of such funds to the Association as are necessary to permit the Association to meet its financial needs. After the transfer of control, Declarant shall be subject to the Associations assessment on any lots owned by Declarant and located within the property.
Section 6.2: Covenant To Pay Assessment: By acceptance of a deed to any lot in the property, each owner or owners, of such lot hereby covenant and agree to pay, when due, any assessments or charges made by the Declarant, its successor, or Association, including all regular, special and limited assessments and charges made against such property pursuant to the provisions of this Declaration or other applicable instrument.
A. Assessment constitutes lien: Such assessments shall bear interest at a rate established by the Declarant or subsequent Board on an annual basis, both of which shall constitute a lien and be a charge against such property until satisfied in full. Such lien includes not only the initial assessment and interest, but any reasonable costs or attorney's fees incurred in the collection of such assessment whether or not suit is filed.
B. Assessment is Personal Obligation: Each such assessment, together with interest, costs and
attorney's fees, shall also be the personal obligation
of the owner or owners of such
C. Enforcement: Enforcement and collection of the assessments shall be enforced by the Declarant or the Board. All assessments are due and payable within 30 days of receipt and if not paid within said 30 days, written notice shall be provided to the owner or owners of record and a lien may be placed against the property or suit filed for their collection. Declarant specifically reserves the right and intends to afford itself of all remedies at law and equity.
Section 6.3: Uniformity of Assessment: Regular assessments shall be uniform as to all owners.
Section 6.4: Regular Assessments: The regular assessments shall be paid annually, and may include and shall be limited to the following regular expenses:
A. Repairs and maintenance for non-public roads within the property;
B. Expenses of the management of the Association and its activities;
C. Taxes and special assessments upon the Associations real and personal property;
D. Premiums for all insurance which the Association is required or permitted to maintain;
E. Common services to owners as approved by the Board;
F. Wages for Association employees and payments to Association subcontractors;
G. Legal and accounting fees for the Association;
H. Expenses related to the maintenance and operation of common areas and facilities;
I. Any deficit remaining from any previous assessment year and,
J. The creation of reasonable contingency reserves for the future road maintenance expenses and administrative expenses.
Section 6.5: Special Assessments: The Declarant, its successor or the Board of Directors for the Association, shall have the right to levy and collect special assessments for expenses anticipated or incurred which are not covered by the regular assessment. Collection and payment of such special assessments shall not exceed 3 years without approval of a majority in number of members.
Section 6.6: Assessment for 2002: The Declarant shall have the right to assess
ARTICLE 7-GENERAL PROVISIONS
Section 7.1 Binding Effect: The various restrictive measures and provisions of these covenants and restrictions are declared to constitute mutual equity servitudes for the protection and benefit of each parcel in the community and of the owners thereof and for the benefit of the community as a whole. Each grantee of the conveyance or purchaser under a contract of sale by accepting a deed or contract of sale, accepts such subject to all of the covenants, conditions and restrictions set forth in this Declaration and specifically agrees to be bound by each and all of them.
Section 7.2: Term of Declaration: Unless amended, all provisions of these covenants, conditions and restrictions, and equitable servitudes contained in this Declaration shall be effective for 20 years after the date upon which this Declaration was originally recorded, and, thereafter, shall automatically be extended for successive periods of 10 years each unless terminated by agreement of a majority of the owners.
Section 7.3: Amendment of The Declaration: These Declarations may be amended
at anytime upon the approval of a majority of Lot owners at a meeting held for
such purpose after notice having been provided to all
Section 7.4: Priority of First Mortgager Over Assessments: Each lender who recorded it’s mortgage or deed of trust before assessments have become delinquent and who obtains title to the lot encumbered by the first mortgage whether pursuant to remedies provided in the mortgage, by judicial foreclosure, or by deed or assignments in lieu of foreclosure, shall take title to the lot free and clear of any claims for unpaid assessments or charges against such lot.
Section 7.5: Remedies Accumulative: Each remedy provided under these Declarations is accumulative and not exclusive.
Section 7.6: Cost and Attorney's Fees: In any action or proceeding under these documents by the party which seeks to enforce this Declaration and prevails, shall be entitled to recover its cost and expenses in conjunction therewith, including reasonable attorney's fees and expert witness fees. “Action or proceeding” as herein stated shall include without limitation, any arbitration, mediation, or alternative dispute resolution proceeding.
Section 7.7: Governing Law: This Declaration shall be construed and governed by the laws of
the state of
IN WITNESS WHEREOF, Declarant has executed this Declaration this 15th day of 2002.
On this 15th day of January 2002, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Dean A. Satrape, known to me to be a manager or member of the Limited Liability Company that executed the instrument or the person who executed the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same.
WITNESS my hand and official seal.
Susan J Rich
My Commission expires 5/5/2005
FIRST AMENDED DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
DUQUETTE PINES, DIVISION NO.4
This Amended Declaration is made this 1st
day of March, 2002, by
Company L.L.C., and Idaho Limited Liability company, hereinafter referred to as “Declarant.”
This Amended Declaration is filed for the sole purpose of modifying Section 3.4 of the
original Declaration of Protective Covenants, Conditions, Restrictions and Easements for
Duquette Pines, Division No. 4 recorded January 15, 2002, as Instrument Number 184261
Section 3.4 Animals; All
animals kept by a
only and not for any commercial or business enterprise. Commercial kennels or breeding
are specifically excluded. No pigs or exotic animals are permitted on any
owners shall take every precaution to avoid domesticated animals becoming a nuisance to their
Horsed, mules, ponies, lamas, and the like, shall be permitted only under the following
conditions; on all Lots in Block 3 (with the exception of
that are 3 acres or larger, a maximum of 2 animals are permitted. On all Lots in Block 3 and
Block 5 that are 4 acres or larger, a maximum of 4 animals are permitted.
No Lot owner shall maintain cattle, pigs, or sheep regardless of
should be restrained or leashed if allowed off their owner’s property.
IN WITNESS WHEREOF, Declarant has executed this Declaration this 28 day of
SECOND AMENDED DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
DUQUETTE PINES , DIVISION NO. 4
This Second Amended Declaration is made this 16th day of May 2002, By Western Land
Company L.L.C. an
This Second Amended Declaration is filed for the sole purpose of modifying Article
3, Section 3.1 Subparagraph E of the original Declaration of Protective Covenants,
Conditions, Restrictions and Easements for Duquette Pines, Division No. 4 recorded January 15,
as Instrument Number 184261 records of
Under subsequent in the First Amended Declaration of Protective Covenants, Conditions,
Restrictions and Easements of Duquette Pines, Division No. 4, recorded March 28, 2002 as
Number 185138 records of
original and First Amended Declaration remain unchanged.
Section 3.1: Land Use and Living Units:
E: All buildings shall observe setback requirements of at least twenty (20) feet from
any lot line and at least fifty (50) feet from any road right of way. Provided, however, lots 8, 10,
12, 14, 17, 19, 21, 22 in Block 3 of Duquette Pines Division NO. 4 which have access from Rose
Meadow Drive shall observe a building envelope for any structure or outbuilding of not more
than two hundred (200) feet from the road right of way. A variance from this setback may
be requested from the Board in writing to provide for a suitable building envelope. Variances,
however, should be limited to circumstances where an undue hardship and impracticality would
result from imposition of the setback.
IN WITNESS WHEREOF, Declarant has executed this Second Amended Declaration
this 16th day of May 2002.
THIRD AMENDED DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS FOR DUQUETTE PINES, DIVISION NO. 4
This Third Amended Declaration is made the 10th day of September, 2003, by Western
Company L.L.C., an
This Third Amended Declaration is filed for the sole purpose of clarifying Section 3.4,
of the original Declaration of Protective Covenants, Conditions, Restrictions and Easements for
Duquette Pines, Division No. 4, recorded January 15, 2002, as Instrument Number 184261,
Protective covenants, Conditions, Restrictions and Easements for Duquette Pines, Division No.
recorded March 28, 2002, as instrument number 185138, records of
in the Second Amended Declaration of Protective Covenants, Conditions, Restrictions and
Easements for Duquette Pines, Division No. 4 recorded May 16, 2002, as instrument number
Second Amended Declaration remain unchanged.
Section 3.4: Animals:
or more, shall be entitled to maintain four animals per four acres of land, on such lot or lots
within Blocks 3, 4 or 5. All other terms not inconsistent with these provisions shall remain the
IN WITNESS WHEREOF, Declarant has executed this Third Amended Declaration this
10th day of September, 2003.