MODIFICATION OF DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
DUQUETTE PINES, DIVISION NO.3
KNOW ALL MEN BY THESE PRESENTS:
This Modification is made and executed this 17th day of January, 2001, by
Western Land Company, LLC., an
Declarant recites and declares as follows:
A. Declarant is the owner of the real property described in the original
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS,
DUQUETTE PINES, DIVISION NO.3, recorded April 26, 1979 as instrument No.91627,
B. Declarant has succeeded in interest to the original Declarant, Duquette Pines, Inc., by virtue of acquisition of those lots described in paragraph 1 (E) of the original Declarations.
C. This modification is made in accordance with paragraph 21 of the original
Declaration referenced above and Declarant asserts that it is the owner of more than seventy five percent (75%) of the lots set forth in paragraph 1 (E) of the original Declarations.
D. The property which is the subject of this Modification is described in attached Exhibit A hereto.
NOW, THEREFORE, Declarant hereby republishes, amends and modifies the original Declarations described above in the following particulars:
1. Declarant hereby republishes and incorporates the original Declaration of
Covenants, Conditions and Restrictions, Duquette Pines
No.3, recorded April 26, 1979 as instrument No.91627, records of
2. Definitions of the original Declarations shall be modified in paragraph 1 (A) to reflect that the Declarant is Western Land Company, LLC as successor in interest to Duquette Pines, Inc.
3. Paragraph 6 of the original Declarations shall be modified to read as follows: No owner shall erect, make, establish, keep or maintain on the property or individual lot a mobile home, trailer home or other moveable structure used, or designated for use, even though not in actual use, as a residence, sleeping quarters, or as an outbuilding. The ground floor area of the main structure, exclusive of one-story porches and garages, shall be not less than 1,000 square feet. Completion of construction of any permanent structure shall not exceed two (2) years from the date of commencement of construction. No structure of a temporary character, to specifically include mobile homes, basements, shacks, garages, barn or other outbuildings, 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. Additionally, no pre-manufactured home may be placed on a lot, other than pre-assembled log home kits or pre-assembled, hand-hewn log homes that are reassembled on-site.
4. Paragraph 13 of the original
Declarations is hereby modified to read as follows: Declarant reserves the
right to remove trees as it deems appropriate.
5. Paragraph 16 of the original declarations shall be modified to read as follows: No signs of commercial activity are permitted on any lots with the exception of one sign permitted to advertise the owner's sale of its property. Signs placed on property for the purpose of advertising the property for sale shall not exceed two feet by four feet (2'x4') in overall dimensions.
6. Paragraph 18 of the original Declarations shall be modified as follows:
The Board may establish rules and/or guidelines setting forth procedures for and the required content of applications and plans submitted for approval. The Board shall have the power to assess a fee against the owner of each lot for the maintenance, site care, development and maintenance of roads. Such assessments established by the Board shall become liens against each lot. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of 18% per annum. If said assessment goes unpaid for a period of six (6) months, the Board may bring an action to enforce the lien against the affected property.
7. The Restrictions, Conditions and Covenants contained in this instrument and in the original Declarations are hereby acknowledged and reinstated, and shall be automatically extended event ten (10) years or until such time as 75% of the then owners of all lots in the subdivision agree to change these Covenants, Conditions and Restrictions, and record such modifications as they so desire.
IN WITNESS WHEREOF, the Declarant has caused its name to be subscribed this 17th day of January , 2001.
EXHIBIT A: DIVISION NO.3 PROPERTY DESCRIPTION INTENTIONALLY OMITTED
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
DUQUETTE PINES, DIVISION NO.3
KNOW ALL MEN BY THESE PRESENTS:
This Declaration of Covenants, Conditions, and
Restrictions, hereinafter called "Declarations" is made and executed
Declarant is the owner of a certain real property located in
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 above 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 of Duquette Pines, Division No. 1 and recorded in the Recorder's Office of Boise County, Idaho. Owners in Division No.3 shall have the same voting rights as those in Divisions No. 1 & 2.
(E) Property shall mean all of the above described real property generally described as DUQUETTE PINES, DIVISION NO.3, Lots 1 through 19 of Block 6, and Lots 1 through 16 of Block 7.
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 the planning 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 may 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 trailers 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 square 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 for 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 thatsuch 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 may 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
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
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 hose or pumper to be used in fire suppression and prevention. The water line leading from the main line to this standpipe shall be not less than two inches inside diameter.
20. 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.
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 alterations, modifications, or amendments shall
be effective upon recordation in the Office of the Recorder of Boise County, State
22. 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.
23. Provisions hereof shall be deemed independent and servable and invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other portion thereof.
24. This Declaration shall take effect upon recording.
IN WITNESS WHEREOF,
The undersigned have executed this instrument the day and year first above written:
ON THIS 3RD day of November, 1977, before me, the undersigned, a Notary Public in and for said State, personally appeared LOYAL WILLIS and CLARENCE REINHART, known to me to be the persons whose names are subscribed to the within and foregoing instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
John B. Brogan
Notary Public for
My Commission expires 8/25/78