Protective and Restrictive Covenants

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Cecily Lindsey Sanders
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1 Protective and Restrictive Covenants Marion s Garden Homeowners Association

2 DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS MARION S GARDEN SUBDIVISION CITY OF FORT PIERRE, STANLEY COUNTY, SOUTH DAKOTA This declaration of Protective and Restrictive Covenants applies to MARION S GARDEN subdivision of Compton-Newman River Subdivision of a part of Lot R-5, and Lot 2 of Government Lot 7 in the North ½ of the South ½ of Section 21, and part of Lot R-6, and Lot 1 of Government Lot 8, and part of Lot K-1 in the South ½ of the South Section 21 Tract C-2, Tract C-3, and part of Lot K-1, in the North ½ of Section 28 All in Township 5 North, Range 31 East, Black Hills Meridian, City of Fort Pierre, Stanley County, South Dakota, according to the recorded plat thereof, recorded in Book of Plats G, Page 70, Office of Register of Deeds, Stanley County, South Dakota. (13 th Day of April, 1993 at 9:35 am). These Covenants are to run with the land and shall be binding upon all parties and all persons owning a lot or portion thereof in MARION S GARDEN SUBDIVISION or claiming under them until January 1, 2018, on which date these covenants shall automatically be extended for a period of 10 years, and thereafter in successive 10 year periods, unless on or before the end of one such extension period or the base period, the owners of a majority of the lots in the subdivision as they are now platted, shall, by written instrument, duly recorded, declare a termination of the same. If the owners of such lots or any of them, or their heirs, or assigns, shall violate any of the covenants as hereinafter set forth, it shall be lawful for the subdivide/developer or lot owner owning real property situated in MARION S GARDEN SUBDIVISION or the Marion s Garden Owners Association to pursue any proceedings at law or in equity against the person or persons violating any of such covenants, and prevent or recover damages for such violation, or both. The invalidation of any of these covenants by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect. 1. The living area of every single family residence shall not be less than 1200 square feet, unless specific approval has been given in writing from the developer or the Marion s Garden Homeowners Association. 2. No single family residence shall be more than two stories in height.

3 3. No basements may be built on the MARION S GARDEN SUBDIVISION. A 4 foot split foyer may be permitted with the written consent of the developer or the Marion s Garden Homeowners Association. 4. Exteriors of all buildings shall conform to the rules of the developer or the Marion s Garden Homeowners Association. 5. No building or any part thereof, including garages and porches, shall be erected on any lot unless in conformance with the set-back requirements, building code and permit requirement established by the City of Fort Pierre, South Dakota. 6. No construction of any kind may be erected upon Army Corps of Engineers land adjacent to Marion s Garden. 7. Each lot owner shall maintain a concrete driveway and an enclosed garage large enough to accommodate one or more automobiles. All lot owners shall park their vehicles, including all recreational vehicles, boats, campers, and trailers of every description at all times off the streets of the subdivision on a permanent concrete pad, under cover. Variances are available only at the discretion of the developer or Marion s Garden Homeowners Association and permitted in writing. 8. In no case shall items referred to in paragraph seven (7) be parked or stored in front of the residence in violation of any applicable city ordinance. 9. In the case of a residence situated on a canal or riverside lot, no item referred to in paragraph seven (7) shall be parked or stored in front or behind the residence. This excludes boats moored on the canal or in a boat house. 10. No structure of a temporary character, mobile home, trailer, tent, shack, barn or other outbuilding shall be installed or used on any lot, temporarily or permanently, for residential purposes except for that s utilized temporarily by the developer during construction of improvements or related to lot sales. 11. Recreational vehicles belonging to a lot owner may be used temporarily by the lot owner on the owners lot for a time period not exceeding three weeks during any five week period. 12. Boat houses shall conform to the design specifications established by the developer or the Marion s Garden Homeowners Association. 13. No building or structure intended or adapted to business purposes shall be erected, placed, permitted, or maintained on any lot zoned for residential purposes except as may be temporarily utilized during construction or related to the sale of lots.

4 14. All weeds, rubbish, debris, or unsightly material or unsightly objects of any kind shall be regularly removed from the lots by the owner and shall not be allowed to accumulate thereon. No clothes lines, refuse containers, woodpiles, storage areas, machinery, or equipment shall be permitted on any lot unless obscured from view of any streets, other lots, units, canals, alleys, community facilities or common areas. 15. All refuse must be disposed of in proper containers and all property owners will use the services of a commercial trash removal service. 16. Access for equipment used in construction must be through the owners property only. No access through other property is permitted except by written permission from the owner. 17. Streets may not be obstructed with construction equipment or materials. Such items may not be stored on easements or right-of-ways within the subdivision. 18. Any damage caused by a resident or his contractor to property of others will be replaced or repaired by such resident. Costs for restoration done by the Marion s Garden Homeowners Association will be charged back to the lot/homeowner and shall be due and payable within 30 days of notification. 19. No livestock shall be raised, grown, bred, maintained, or cared for upon any lot for commercial purposes and residents shall comply with applicable state laws and municipal or county ordinances regarding licensing, vaccinating and control of pets or other animals. 20. Each lot owner shall maintain and keep in good repair all improvements made on the lot. This includes boat slips and boat docks The developer or Marion s Garden Homeowners Association shall have the right after 10 days notice and opportunity for hearing to enter upon a boat slip or dock to make any repairs or to perform such maintenance and to charge the cost to the owner. 21. All electric,, telephone, cable television, and other utility distribution lines including natural gas or LP gas tanks and lines, shall be located underground except that LP gas tanks may be maintained above ground if screened from view on all sides by an appropriate fence box or landscaping materials. 22. No oil drilling, oil, gas, or mineral operations shall be permitted upon any part of the subdivision.

5 23. The owner(s) of each lot or part thereof shall by reason of such ownership be a member of the Marion s Garden Homeowners Association and shall abide by the Association s By-Laws, rules and regulations. Owner members shall promptly pay all dues or assessments levied by the Association. 24. Within one year following the construction of a residence or building, each owner shall at the owner s expense install a lawn irrigation system and thereafter sod or seed the remaining open area of the lot with bluegrass. Lot owners shall utilize and maintain the lawn irrigation system. 25. From date of purchase to the date of installation of the irrigation system following construction, each lot owner shall be responsible for the maintenance, including mowing, so as to make the lot attractive in appearance. Following purchase, if no construction occurs on a lot for a period of one year, the owner will thereafter seed or sod the lot with bluegrass and thereafter maintain the lot. 26. No wall or fences shall be constructed on the property line to divide one lot of the subdivision from another. It is recommended that shrubs and trees be used but that no boundary line hedge shall be permitted with a height of more than six feet. See the attached list of suggested trees and shrubs. (Appendix 1) 27. Existing trees shall not be removed from the subdivision unless the tree is dead, or is an immediate danger of falling, or is located on or near the proposed construction for the lot so as to be an obstacle or interfere with the construction. Trees removed will be replaced at a 2:1 ratio. In all cases, prior consent to any tree work shall be obtained from the developer or the Homeowners Association. 28. Marion s Garden Development is situated in an area of immense beauty. This area is also unique because the Bald Eagle forages, perches and roosts in trees directly to the north of this subdivision between 15 November and 15 March each year. A. No heavy construction work will be permitted on the subdivision within 200 yards of the northern property line of the subdivision.

6 B. No access to the private property directly to the north of the subdivision is provided by developer. Such access is controlled by the owners of said property. C. Any tree belt that has or will be planted on the north and western boundaries of the subdivision to act as a visual buffer shall not be tampered with in any way. D. Informational and educational materials on the Bald Eagle and other fish and wildlife to be found in this area will be found on permanent display boards on or near the subdivision and are available in the site office. E. Lot owners are encouraged to make donations to the Game, Fish and Parks Foundation to help conserve the Bald Eagle on the Missouri River. Details about this organization may be obtained from the State Department of Game, Fish, and Parks. 29. All watercraft owned by subdivision residents and/or moored at public or commercial marinas shall conform to applicable federal, state or local laws and regulations concerning licensing, required safety equipment, lighting and operation and shall observe speed limits adopted and posted for wake control within the subdivision canals and on adjacent waterways. Appendix 1: Appendix 1 is a document attached to the original application submitted to the Corps of Engineers for approval of this development and the list of trees therein was developed in conjunction with the US Forest Service as species of trees suitable tor this site. The trees are: Clump Willow, Austice Willow, Lombardy Poplar, Cottonwood, Green Ash, Russian Olive, Choke Cherry, Apple, Conifer, Eastern Red Cedar, Scots Pine, Austrian Pine, Ponderosa Pine, Black Hills Spruce, Colorado Blue Spruce, Norway Spruce, Japanese Larch, Hackberry, Honey Locust, Sunburst, Northern Catalpa, Kentucky Coffee Tree, Crab Apple, and Apricot.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF MAPLE TREE HOMES ASSOCIATION, INC.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF MAPLE TREE HOMES ASSOCIATION, INC. (A Missouri Non-Profit Corporation) KNOW ALL PERSONS BY THESE PRESENTS: That Maple Tree Homes Association, Inc.,