Benson County Page 1 of 8 PRAIRIE WOOD DEVELOPMENT ASSOCIATION AMENDED COVENANTS AND RESTRICTIONS
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1 Benson County Page 1 of 8 PRAIRIE WOOD DEVELOPMENT ASSOCIATION AMENDED COVENANTS AND RESTRICTIONS The following are to amend the covenants and restrictions of Prairie Wood Development, Phase 1 (sometimes referred to as First Phase), and Prairie Wood Development, Phase 2 (sometimes referred to as Second Phase). The covenants and restrictions for Prairie Wood Development, Phase 1, are dated June 14, 2001, and recorded with the Benson County Recorder on June IS, 2001, in Book 43 of Miscellaneous, Page 402. The covenants and restrictions for Prairie Wood Development, Phase 2, are dated November 20,2001, and recorded November 20,2001 in Book 43 of Miscellaneous, Page 648. It is the intention of these amended covenants and restrictions to amend and modify the covenants and restrictions for Prairie Wood Development, Phase 1, and Prairie Wood Development, Phase 2, and any prior amendments to those Covenants and Restrictions for Prairie Wood Development, Phase 1, and Prairie Wood Development, Phase 2. These covenants and restrictions are binding upon all lots in Prairie Wood Development, Phase 1, and Prairie Wood Development, Phase 2. These covenants and restrictions are binding upon the parties, their, heirs, successors, personal representatives and assigns, and are intended to run with the title to each lot. These covenants and restrictions shall amend and modify any and all prior covenants and restrictions for Prairie Wood Development, Phase 1, and Prairie Wood Development, Phase 2. PHASE 1 Prairie Wood Development, Phase 1, is located in Benson County, North Dakota, and the property is described as follows, to-wit: A tract ofland situated in the Southeast Quarter ofthe Southeast Quarter (SE~SE~), Section Nine (9), Southwest Quarter (SW1/4),Section Ten (10), Northwest Quarter (NW~), Section Fifteen (1S), and the East Half (E'li), Section Sixteen (16), Township One Hundred Fifty-two (IS2), Range Sixty-three (63), and is more particularly described as follows: Beginning at the north ~ comer of said Section IS; thence N 89 4S'13 "W along the north line of said Section IS a distance of feet to the 1116 comer; thence S 60 44'S2"W a distance of feet; thence S 34 20'20"W a distance of feet to the west line of said Section IS; thence S 33 S4'S2"W a distance of feet; thence S 01 24'3S"W a distance of feet; thence S 39 34'37"W a distance of feet to the 1116 line in the SE~ of said Section 16; thence N 89 4S'13"W along said 1116 line a distance of approximately 927.4S feet to the existing shoreline of Devils Lake; thence following said shoreline in a northeasterly direction to a point on the south line of said Section Page 1 of 8
2 Benson County Page 2 of 8 9, said point being approximately feet west of the SE comer of said Section 9, thence continuing along said shoreline to a point on the east line of said Section 9, said point being approximately feet north of the SE comer of said Section 9, thence continuing along said shoreline to a point on the east line of the SWl;4 of said Section 10; thence S 0007'57"W along said l;4line a distance of approximately feet to the point of beginning. The covenants and restrictions for Prairie Wood Development, Phase 1, are hereby amended and modified to provide as follows: 1. All lots herein shall be known, described and used solely as residential lots and no dwelling shall be constructed, erected or located on any of the herein described lots other than single- or two-family dwellings. 2. Two dwellings may be allowed on lots numbered 2 through 37 as long as the dwellings are constructed, erected or located in compliance with all restrictions and covenants included herein. 3. No structure shall be constructed, erected or located on any of the above-described lots unless the design and location are in harmony with existing structures. Doublewide mobile homes no older than five years and on permanent foundations will be permitted. In any case, no dwelling shall have less than 900 square feet of floor space, excluding breezeways, decks, patios, porches and garages. 4. Each structure must be located on a foundation enclosed to prevent nuisance animals from taking up residence beneath said structure. 5. No single-wide trailer, basement, tent, shack, garage or other outbuilding shall be erected to be used as a residence. 6. No building shall be nearer than 20 feet to the lot line nearest the access road, not nearer than 6 feet to any side lot line unless said lot is owned by the same person or persons. For the purpose of this covenant, eaves and steps shall not be considered part of the building, provided however that this covenant shall not be construed to permit any portion of the building on a lot to encroach upon another lot owned by another person or persons. 7. Garages, storage sheds and gazebos shall be permitted as long as they are residential in size and nature and are in compliance with all restrictions set forth herein. 8. Any person(s) purchasing a lot located in Prairie Wood Subdivision shall have a reasonable time period of two years from the start of construction of a house or garage to complete the exterior. 9. No noxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the Page 2 of 8
3 Benson County Page 3 of 8 neighborhood. This covenant includes being good neighbors to Eastbay Campground. 10. No trade or activity shall be permitted which may be in direct competition with the services provided by Eastbay Campground. 11. All driveways must be of sufficient area to park at least two cars entirely off the access road. Visitors must park in public areas or in front of the lous) owned by the person(s) hosting said visitor. 12. All septic systems are the obligation and responsibility of the lot owner and must be in compliance with the North Dakota State Health Department. The developers shall have no obligation or responsibility for or arising from said septic systems. Further, no outbuildings for this purpose shall be permitted. 13. Water shall be furnished from a welles) established by the developer on Lots 10 andlor 30 (lake access lots). The cost of maintaining and repairing said welles) shall be the sole obligation and responsibility of the individual lot owners and shall be shared equally by those individual lot owners using said well. The developers have no obligation or responsibility for or arising form said welles). 14. The developers shall provide electricity to each individual lot. Digging and trenching wires and the installation of meters on or across individuallot(s) shall be the sole obligation and responsibility of the owner of said lot(s). 15. Except for barbed wire or woven wire, fences shall be permitted. 16. No animals, livestock or poultry of any kind shall be raised, bred or kept except dogs, cats and other common household pets, as long as they are not kept, bred or maintained for commercial purposes. In no event shall more than two (2) dogs or two (2) cats be maintained at one time. Any dog must remain on its owner(s) property or be under its owner's control at all time. Nuisance dogs (two or more complaints) shall be removed from the Subdivision and shall not be permitted to return. 17. The owner or person( s) in possession of each lot, whether vacant or improved, shall keep the same free of weeds and debris. 18. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 19. The easement for lake access as shown on the recorded plat (Lots 10 and 30) shall be subject to the proportional undivided interest of those owners of lots within said plat and owners oflots of any subsequent additions to said plat. Said interest will be Page 3 of 8
4 Benson County Page 4 of 8 proportionate to the number oflots in the Subdivision, and owners thereof shall pay a proportionate share of taxes, insurance, assessments and maintenance costs attributable to said lake access. Use of said lake access shall be limited to owners of lots within the recorded plat and any subsequent additions to said plat and their personal guests. PHASE 2 Prairie Wood Development, Phase 2, is located in Benson County, North Dakota, and the property is described as follows, to-wit: A tract of land situated in the Southeast Quarter ofthe Southeast Quarter (SE~SE~), Section Nine (9), Southwest Quarter (SW~), Section Ten (10), Northwest Quarter (NW~), Section Fifteen (15), and the East Half (E'l'2), Section Sixteen (16), Township One Hundred Fifty-two (152), Range Sixty-three (63), and is more particularly described as follows: Beginning at the north 1f4 comer of said Section 15; thence N 89 45'l3"W along the north line of said Section 15 a distance of l feet to the 1116 corner; thence S 60 44'52"W a distance of feet; thence S 34 20'20"W a distance of feet to the west line of said Section 15; thence S 33 54'52"W a distance of feet; thence S 01 24'35"W a distance of feet; thence S 39 34'37"W a distance of 119l.71 feet to the 1116 line in the sm~of said Section 16; thence N 89 45'13"W along said 1116 line a distance of approximately feet to the existing shoreline of Devils Lake; thence following said shoreline in a northeasterly direction to a point on the south line of said Section 9, said point being approximately feet west of the SE corner of said Section 9, thence continuing along said shoreline to a point on the east line of said Section 9, said point being approximately feet north ofthe SE corner of said Section 9, thence continuing along said shoreline to a point on the east line of the SW 1 4 of said Section 10; thence S 000T57"W along said 1f4 line a distance of approximately feet to the point of beginning. The covenants and restrictions for Prairie Wood Development, Phase 2, are located in the Replat of Outlot A in Benson County, North Dakota, and described as follows: 1. All lots herein shall be used for habitation of single-wide, double-wide or constructed homes. Each mobile home must be at least 14 feet wide, no older than 15 years old with a modern pitched roof and in very good condition. 2. No basement, tent, shack, garage or other outbuilding shall be erected to be used as a residence. 3. No mobile home shall be nearer than 20 feet to the lot line nearest the access road, not nearer than 6 feet to any side lot line unless said lot is owned by the same person Page 4 of 8
5 .' Benson County Page 5 of 8 ~----- or persons. For the purpose of'this covenant, eaves and steps shall not be considered part of the building, provided however that this covenant shall not be construed to permit any portion of the building on a lot to encroach upon another lot owned by another person or persons. 4. Garages, storage sheds and gazebos shall be permitted as long as they are residential in size and nature and are in compliance with all restrictions set forth herein. 5. No noxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. This covenant includes being good neighbors to Eastbay Campground. 6. No trade or activity shall be permitted which may be in direct competition with the services provided by Eastbay Campground. 7. All driveways must be of sufficient area to park at least two cars entirely off the access road. Visitors must park in public areas or in front of the lot(s) owned by the person(s) hosting said visitor. 8. All septic systems aroethe obligation and responsibility of the lot owner and must be in compliance with the North Dakota State Health Department. The developers shall have no obligation or responsibility for or arising from said septic systems. Further, no outbuildings for this purpose shall be permitted. 9. Water shall be furnished from a welles) established by the developer on lake access lots. The cost of maintaining and repairing said welles) shall be the sole obligation and responsibility of the individual lot owners and shall be shared equally by those individual lot owners using said well. The developers have no obligation or responsibility for or arising from said welles). 10. The developers shall provide electricity to each individual lot. Digging and trenching wires and the installation of meters on or across individuallots(s) shall be the sole obligation and responsibility of the owner of said lot(s). 11. Except for barbed wire or woven wire, fences shall be permitted. 12. No animals, livestock or poultry of any kind shall be raised, bred or kept except dogs, cats and other common household pets, as long as they are not kept, bred or maintained for commercial purposes. In no event shall more than two (2) dogs or two (2) cats be maintained at one time. Any dog must remain on its owner(s) property or be under its owner's control at all times. Nuisance dogs (two or more complaints) shall be removed from the Development and shall not be permitted to Page 5 of 8
6 return. Benson County Page 6 of The owner or person( s) in possession of each lot, whether vacant or improved, shall keep the same free of weeds and debris. 14. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 15. The easement for lake access as shown on the recorded plat (Lot 9) shall be subject to the proportional undivided interest of those owners of lots within said plat and owners of lots of any subsequent additions to said plat. Said interest will be proportionate to the number oflots in the Development, and owners thereof shall pay a proportionate share of taxes, insurance, assessments and maintenance costs attributable to said lake access. Use of said lake access shall be limited to owners of lots within the recorded plat and any subsequent additions to said plat and their personal guests. BOARD OF DIRECTORS 1. The official name shall be Prairie Wood Development Association. 2. Each person or persons who becomes a lot owner within the Prairie Wood Development will automatically become a member of the Association. 3. The Board of Directors shall be elected at each annual meeting. The Board of Directors shall consist of five (5) individuals who own property within Phase 1 or Phase 2. The Board of Directors shall be elected by the lot owners in Phase 1 and Phase 2. The Board shall consist of a president, vice president, and secretary each having a term of 3 years. The Board shall also consist of2 directors with 2 years terms. One director shall own property in Phase 1 and the other director shall own property in Phase 2. Board members may not include two members who are owners of the same lot. 4. A regular annual meeting of the Association shall take place on the first weekend of June at such time and location as determined by the Board of Directors. Notice of the time and location of the annual meeting shall be provided to the owner of record of each lot no later than 14 days prior to the meeting, which notice will be sent to the record owner by mail at the address of the record owner on file with the secretary ofthe Association. An agenda of the meeting with a list of any items to be discussed or voted on shall be included with the annual meeting notice. Page 6 of 8
7 Benson County Page 7 of 8 5. Each member shall have one vote per lot except for the developer of the subdivision who shall retain only one vote. 6. In the event of resignation, or for any other reason there is a vacancy on the board of directors, the board shall appoint a member of the Association to complete the vacant term on the board. 7. A special meeting ofthe Association can be called by the board of directors, or by ten percent (10%) of the members of the Association. Notice would be given per Item #4. 8. It shall be the duty of the owner of each lot to pay their share of common expenses, expenses of administration, maintenance and repair of the common elements, water, trash removal, mosquito spraying, electricity for the common wells, repair and maintenance ofthe common well, any insurance, and any fixed charges allocated or assessed to each property unit, and any other expenses for the good of the association. Should the owner of a lot in either Phase 1 or Phase 2 fail or refuse to make any payment in the amount determined by the board of directors, the amount will constitute a lien on the interest of such owner as set forth in the deed of conveyance. 9. The Association, through its board of directors, may acquire and hold, for the benefit of all lot owners, real property, or tangible and intangible personal property, and may dispose of the same by sale or otherwise, and the beneficial interest in such item of property shall be owned by the lot owners in the same proportion as their respective interest in the general common elements. Such tangible items shall include, but are not limited to docks, picnic tables, lawn equipment, garbage equipment, sheds and other miscellaneous items. 10. All covenants and restrictions will be enforced, regulated, and interpreted by the board of directors. 11. It shall be possible to change and amend the restrictions and conditions of these covenants by a majority vote ofthe Association members. AMENDl\fENT These covenants and restrictions will remain in full force and effect until amended, modified, revoked, or rescinded by a majority of the owners of the Association. d thi gt'h ~ Date this _-=--0 day of_~//i<-l- ">(c~""''"'6-- ' Page 7 of 8
8 Benson County Page 8 of 8 President STATE OF NORTH DAKOTA ) )ss COUNTY OF RAMSEY ) _A 1011 R~ On this d/ 6 J... day of.fiu!ju.st,~,beforeme,anotarypublic within and for the said county and state, personally appeared David K. Hovendick and Vi fj,kjj -n:; en,knowntometo be the President and Secretary, respectively, of Prairie Wood Development Association, and who did execute the above and foregoing instrument in the capacity set forth herein, and further, acknowledged to me they had the authority to execute the same. RHONDA K. GREICAR Notary Public [ State of North Dakota ~ M_yCommission Expires Aug. 21, 2013 ~~~K sjj~ Ramsey County, North Dakota My Commission I / 1.0 J3 State of North Dakota) County of Benson } I hereby certify that the withm instrument was filed for record m this office 9/6/201"1 at ~:SS AM and is recorded as Document No Rhoda Pfeifer nson County Recor er WARWICK NO Page 8 of 8
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