liability Company with principal place of business at 10 Whitefish, Flathead County, Montana, more particularly d attached hereto,

Transcription

1 cr.-- :r S <U r b= Vl 'NHEREAS DECLARANT, Lakes Develpment Grup, liability Cmpany with principal place f business at 10 Clumbia Falls, Mntana 59912, is the beneficial wner f Whitefish, Flathead Cunty, Mntana, mre particularly d attached heret, LC, A Mntana Limited Saint Andrews Drive, certain real prperty in scribed in Exhibit "A" AND WHEREAS, Declarant acknwledges that The L develpment f Riverside at Whitefish subdivisin and subje OF COVENANT CONDITIONS AND RESTRICTIONS RIV (OMNIBUS) filed as Dc N , Recrds f Flath kes Cttages is a subt the DECLARATION R IDE AT WHITEFISH d Cunty, Mntana, AND WHEREAS, the Declarant wishes t subject each a Lakes Cttages t the Cnditins, Cvenants and Restri hereinafter set frth, each and all f which is and are fr the be fr each wner theref and shall inure t the benefit and pas each and every parcel theref, and shall apply t and bind th and any wner theref; d every prperty in The ins, and Easements efit f said prperty and with said prperty, and successrs in interest, NOW, THEREFORE, the Declarant, and the undersign,being the wners f all f the real prperty abve-described, hereby declares that the aid real prperty is, and hall be, held, transferred, sld and cnveyed, subject t th cnditins, restrictins, venants and reservatins hereinafter set frth; and All persns r entities wh nw r shall hereafter acqui e any interest in and t he abve-described prperty shall be held t agree and cven nt with the wner f any f the prperty hereinabve described, r any parcel theref, nd with their heirs and uccessrs and assigns, t cnfrm t and bserve th fllwing cvenants, estrictins,and cnditins as t the use theref, and as t the structin f dwellings nd imprvements theren.! I[) % if) DEFINITIONS: As used in this Agreement, the fllwin wrds and terms shall ave the fllwing meanings: Hmewners Assciatin: The Lakes Master H ewners Assciatin, r its successrs r assigns. b. Omnibus Cvenants: Omnibus Declaratin f C enants, Cnditins and Restrictins f Riverside, filed as Dc N , Recrds f Flathead Cunty, Mntana,

2 c.,)'{)f)'''''1 Al Cttage: A Cttaidehce';1ts I U? 05 0 Lt, and impr ements. d. Owner: The persn r persns wning a par I f land in fee simple abslute, individually r as an wner in any real est te tenancy relatinship recgnized under the laws f the State f Mntan e. Lt: Any parcel, unit r ther wnership interest in real estate. f. Vte r Vter: An Owner entitled t ne vte p r Lt wned; Declarant herein shall be entitled t a vte fr each Lt interest it a ns. g. Zer Lt Line: The lcatin f a building n a lt i such a manner that ne r mre f the building's sides rests directly n a lt ine. The eave f each building, rather than the fundatin r wall, shall be c sidered the side f the building fr purpses f measuring setback. 2. GENERAL PURPOSES: The benefits f the Prtectiv Cvenants set frth herein are intended t run with the land and t each Ow r, his heirs, persnal representatives, administratrs, successrs and assigns. This Agreement is made fr the purpses f creating and keeping The Lakes Cttag s a desirable, private, attractive, beneficial and suitable place f abde, and f prvid ng rules and regulatins therwise fr the mutual benefit and prtectin f each f the ners. 3. ASSOCIATION MEMBERSHIP: The Lakes Master H wners Assciatin has been frmed t perfrm certain functins and t hld and anage certain prperty fr the cmmn benefit f sme r all f the wners r les s hlding an interest in real prperty therein. Owners f a Cttage becme membe s f the Assciatin as defined in the Articles f Incrpratin and Bylaws theref a d will be entitled t the benefits and subject t the bligatins as a member. Such a ligatins include, but are nt limited t, the bligatin t pay taxes and special assessme ts and ther charges as set frth in the respective Declaratins and the Articles f In rpratin, By-Laws and Rules and RegUlatins f the Assciatin as frm time t tim are in frce and effect. This Agreement des nt aiter, limit r therwise affect the bligatins f any Owner under any f thse instruments, but shall establish additin I rights and bligatins amng Owners f The Lakes Cttages. 4. CONSTRUCTION OF COTTAGES: Each Cttage shall be cnstructed s as t hav ne and nly ne side theref situated n a zer lt line, with the eave f the structu e n that side extending t the bundary line. Buildings n each Lt shall be set back at least 10 feet frm the bundary ppsite the zer lt line with n encrachments. b. The zer lt line bundary fr each lt shall be a fllws: Lts shall be the side bundary n the left when viewed frm the street. Lts shall be the side bundary n the right when viewed frm the street. 2

3 lC2 05 c. The Owners f each f the Lts sharing a zer-lt line grant t each ther, are granted by each ther, and shall have, an easement ver nd acrss the zer lt line prperty line fr the purpse f cnstructin and maintena ce f their Cttage. In the event that an Owner's Lt is damaged by his neighbring 0 ner's exercise f rights hereunder, whether such damage is intentinal r negligent, t e Owner causing such damage shall repair r restre the damage, and bear the cst t erefre. i. Each Owner shall grant t its neighbr n the er lt line bundary a surface easement that extends five feet (5") frm the b undary line. In additin, each Owner shall grant t its neighbr n the zer lt I ne bundary a tw ft (2") belw-grund easement fr the cnstructin a d maintenance f the structures, utilities, drainage and ther actins reas ably necessary t the cnstructin and maintenance f that Lt. ii. Befre an Owner may cmmence cnstructin 0 a Lt, that Owner shall pst a Five Thusand Dllar ($5,000) sufficient bnd r cash depsit with the Hmewners Assciatin's Architectural Review Bar. This bnd r depsit may be utilized t satisfy the Owner's bligatins t restre any damage t neighbring prperty as set frth in paragraph 4c. abve. d. criteria: Each Cttage shall incrprate shall incrpr te the fllwing design i. Wall Height: Exterir walls shall be a minimum f nine their lwest pint. t (9') in height at ii. Wall Length: Exterir walls shall nt exceed thirty-six eet (36') withut a break r crner. Each such break r crner shall be at mini urn a tw ft (2') jg in the wall. At least ne-third f the exterir wall n the ze 0 lt line bundary shall be ffset a minimum f tw feet. iii. Garage: Garages must be lcated n the zer lt ine side f the Cttage. Utility meters must be lcated n the garage and c cealed frm neighbrs' view. iv. Driveway: Driveway material must be pured c ncrete. Asphalt is nt permitted. v. Cvered Deck: A cvered deck r pati must be in rprated int the design f the huse n the side f the Cttage that faces the la e. vi. Siding: The Cttage shall bear cedar lap siding wit minimum, six inch (6") lap. Three inch (3") lap cedar sidi an accent. As an alternative t cedar lap siding, the C bard and minimum ne-by-fur batten siding, r a bar its main bdy using, at 9 will be permitted as age may bear a cedar n bard siding. Siding

4 200'7143 J lq 05:) must be finished with a semi-transparent stain that is f a clr cmparable with natural clrs fund in Nrthwest Mntan vii. Masnry: Masnry must be used n a feature n a I fur sides f Cttage. The use f masnry must accentuate certain structural atures f the Cttage. All clumn bases fr all verhanging rf structures mu t utilize masnry in the design. Masnry is als required t break up the large lane f the zer lt line side f the Cttage. At minimum, twenty-five percent ( 5%) f the area f the zer lt line side f the Cttage must be cvered in masnry. The masnry material may be real rck, veneer thin cut stne r ma ufactured stne. River rck material is nt permitted. viii. Rf: The Cttage rf shall cnsist f frty (40 year cmpsite shingle f architectural grade. The rf n the zer lt line s de f the Cttage must incrprate a break in the rf plane. ix. Landscape: The street side f the Cttage must incrprate grass lawns that cnnect t neighbring lawns and create cnsistent iew frm the side f the street. On the waterfrnt side f the Cttage, grass s all nt break the lake waterline. A five ft (5') minimum buffer f pea gra el shall exist alng the shreline and shadtie int the neighbring prperty t reate a cnsistent view frm the water. x. Fencing: A six ft (6') privacy fence is permitte t screen the Cttage curtyard frm the street. This fence must be vertical w d and must be stained the same clr as the main bdy f siding n the Ctta e. The fence must start frm the curtyard f the Cttage and may exten t the garage f the neighbring Cttage. The fence shall nt interfere with r prhibit access t the electric and gas meters installed n the neighbring ttage's garage. A gate must be installed which will permit access t the curtya d. 5. ENFORCEMENT: Any wner shall have the p 'n and right t enfrce, by any prceeding at law r in equity, all restrictins, cnditins, cvenants, reservatins and charges nw r hereafter impsed by the prvisins f this Declaratin. The methd f enfrcement may include pr ceedings t enjin the vilatin, t recver damages, r bth. Failure by any wer t enfrce any such prvisin shall in n event be deemed a waiver f the right t d s thereafter. The City f Whitefish is an interested party and shall, like an wner, at. s sle ejectin,have the authrity t enfrce these Cvenants. In the event f litigatin, the prevailing party shall be entitled t recver its reasnable csts and attrneys' fees. 6. FEES: By virtue f the Omnibus Cvenants, ea Owner cvenants and agrees t cntribute and pay certain fees t The lak s Master Hmewners Assciatin t be used fr the purpses set frth therein. In ditin, each Owner f a Cttage cvenants and agrees t pay the maintenance fees t frth in Paragraph 7(e) belw. 4

5 200'71.43 Ilt () MAINTENANCE AND REPAIR: Owners shall maintain and repair the exterir sun ce f their building and the driveway leading t their building, including withut limitati n, the painting, staining r repair f the same as ften as is reasnably necessary t aintain the character f the Cttage neighbrhd, the replacement f trim and caulkin, and the maintenance and repair f the rf and driveway, and t be liable fr the cst f any such maintenance r repairs made n their building. b. Any repairs r maintenance perfrmed r allw t be perfrmed by an wner t the exterir f his dwehing shall emply materials u ifrm r cnsistent with thse materials already incrprated int the dwelling and i prvements, and shall cmply with all f the prvisins f these Cvenants, the Omni us Cvenants, and the persns, rganizatins and entities designated thereby. c. The Hmewners Assciatin shall have the right nd the duty t maintain all f the cmmn areas, beaches, and landscaping, including he exterir landscaping n each Lt. 8. EASEMENT: As set frth in paragraph 4 abve, t e Owners f each f the Lts sharing a zer-lt-line grant, are granted, and shall hav an easement ver and acrss thse prtins f the prperty ccupied by the ther fr e purpse f access t undergrund utilities and, in additin, access t any curb b xes, water and sewer laterals, which tgether r separately service their respective ttages, fr the purpse f cnstructin, maintenance, repair and if necessary, replace ent, and fr general and custmary maintenance r repair f their Cttage. Such easem nt shall als include the right t travel ver and acrss the prperty fr the purpses reasnably addressing any exigent threat t prperty r persns. In additin, each ner shall grant t the prperty adjacent t the zer-lt line bundary an easem nt fr the use f any additinal grundspace created by the exterir jgs required n Sectin 4 abve, and such use may be fr any reasnable and lawful purpse in uding the placement f landscaping, furniture, patis and similar uses which are n incnsistent with the cvenants and restrictins herein. Absent exigent circumstan s, any Owner exercising his rights under any easement granted herein shall schedule a y such activities with the Owner f the Lt granting the easement s as t minimize a y incnvenience t the parties. Any damage caused by virtue f an Owner's exercis f its rights under the easements granted hereunder shall be prmptly repaired t prir cnditin at the cst f the Owner causing such damage. The easements grant in this dcument shall run with the land and shall benefit r burden all purchaser, heirs. successrs and assigns f the parties heret. 9. TERM: The prvisins f these prtective cve ants are t run with the land and shall be binding upn all parties and all persns cl iming under them fr a perid f twenty (20) years frm the date they are recrd,after which time said prtective cvenants shall be autmatically extended fr su ssive perids f ten (10) years unless an instrument executed by the Owners f seve ty-five percent (75%) f the Lts lcated n the land described as all that land as sh n and described as 5

6 Plat f The Lakes Cttages, Phase I, II, and III, Recrds f Fla head Cunty, Mntana, has been recrded agreeing t terminate said prtective cve ants r change them in whle r in part. Each Lt shall be entitled t ne vte under t Article, as determined in Article I CANOE CLUB MEMBERSHIP: Each Lt has sep rately been accrded a membership interest in the Cane Club recreatinal facility. Th t membership is subject t the fees, currently $50.00 per mnth, rights and respnsibiliti set frth in the Cane Club rganizatinal dcuments as they nw exist r as they ay be lawfully amended by the members in the future. 11. AMENDMENT: This Declaratin may be ame dad by an instrument signed by the Owners f seventy-five percent (75%) f the sing e family Lts lcated n the land described as all that land as shwn n and descri as Plat f The Lakes Cttages, Phase 1, II, and III, Recrds f Flathead Cunty, M ntana, which instrument has been recrded, agreeing t such amendment. Each Lt shall be entitled t ne vte as determined in Article I under this Article, prvid that in any event an amendment shall nt be valid unless apprved in writing by the ity f Whitefish. 12. GENERAL: Each Owner by accepting cnveyance f a deed the Cttage subject t the prvisin f this Agreement agrees that the cvenants an ther prvisins heref are reasnable in scpe and effect and are essential t the f f wnership in which such Cttage is held. b. If any f the prvisins f the Agreement r a clause, phrase r wrd, r the applicatin theref, in any circ such invalidity shall nt affect the validity f the remainder f applicatin f any such prvisin, paragraph, sentence, claus ther circumstances shall nt be affected thereby. y paragraph, sentence, mstance be invalidated, his Agreement, and the, phrase r wrd in any c. The prvisins f this Agreement shall be gve ned by the laws f the State f Mntan d. VVhenever used herein, unless the cntext sha therwise prvide, the sinqular number shall include the plural, the plural the sing lar, and the use f any gender shall include all genders. 6

7 IN WITNESS WHEREOF, Declarant has duly executed t is Agreement this 23 rd day f May, By: LAKES DEVELOPMENT GROUP, /Jd-- Kevin Hlliday, Member STATE OF MONTANA ) Cunty f Flathead ) ss. On this 23 rd day f May, 2007, befre me, the undersig ed, a Ntary Public fr the State f Mntana, persnally appeared Kevin Hlliday, knwn t me t be a Member, f the limited liability cmpany and that he e ecuted the freging instrument, and acknwledged t me that such crpratin ex uted the same. IN WITNESS WHEREOF, I have hereunt set my hand Seal, the day and year in this certificate..tz nd affixed my Ntarial N ic fr the ntana Printed Full e: Jy S. Pe ningtn Residing at Kalispell, Mntan My cmmissin expires: Sept mber 14,2008 7

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