RURAL LIVING n CITY BENEFITS

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1 RURAL LIVING n CITY BENEFITS Tari Birkelo tari@reile's9th.com RLN Business Park, LLC th St N, Fargo, ND TABLE OF CONTENTS Restrictive Covenants Pages 2-9 Fill Dirt Page 10 Utilities & Services Page 10 Flood Information Pages Sidewalks Page 13 1

2 RLN BUSINESS PARK, LLC, the Owner of Reile s Acres 9th Addition to the City of Reile s Acres, a part of the East Half of Section Twenty-one (21), Township 140 North, Range 49 West, Cass County, North Dakota (hereinafter called the lots ) according to the certified plat thereof hereby declares that all of the lots shall be held, sold and conveyed subject to the following covenants, conditions and restrictions, all of which are for the purpose of enhancing and protecting the attractiveness and desirability of the real property. These covenants, conditions and restrictions shall run with the land and shall be binding on all parties having or acquiring an interest, right, or title in the lots herein described or any part thereof, and shall inure to the benefit of each owner thereof. These covenants, conditions and restrictions, including Reile s Acres ordinances, shall be deemed and considered as being binding on the heirs, executors, administrators, successors, and assigns of any person to whom the said lot(s) may have been conveyed until 10 years from the date of these covenants, conditions and restrictions are recorded, at which time said covenants, conditions and restrictions shall be automatically extended for successive periods of 10 years unless by a vote of the majority of 80% of the owners, it is agreed to change such covenants, conditions and restrictions. Any actual or attempted violations or omission to perform any of the conditions and restrictions as hereinafter set forth, shall entitle, and it shall be lawful for any person owning real estate in said addition which is subject to the restrictions or conditions in respect to which default is made, to institute and prosecute appropriate proceedings, at law or in equity, for the wrong done or attempted. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other covenants which shall remain in full force and effect. Although these covenants, conditions and restrictions may expire, any and all remedies for breach of these covenants, conditions and restrictions committed or suffered prior to expiration shall be absolute. LAND USE AND BUILDING TYPE Block 1: Lots 1 through 23 inclusive, Block 2: Lots 1 through 8 inclusive, Block 3: lots 1 through 8 inclusive, Block 4: lots 1 through 8 inclusive, Block 5: Lots 2 through 12 inclusive, Block 6: Lots 1 through 10 inclusive, Block 7: lots 1 through 10 inclusive, Block 8: lots 6 through 19 inclusive, Block 9: Lots 2 through 13 inclusive, Reile s Acres Ninth Addition, shall be governed by the R-1A classification of the zoning ordinances of the City of Reile s Acres except as modified but not inconsistent there with in this declaration and these restrictive covenants. All lots zoned R-1A as presently defined shall be used for single family purposes only. No improvements or structures whatsoever, other than private dwelling house, swimming pool, customary outbuildings, garages and fences (subject to limitations hereafter set forth) may be erected, placed or maintained on any lot in the property. BUILDING LOCATION No building shall be erected on any residential building lot unless side lot clearances and front line setbacks are fully in compliance with city zoning ordinances for R1-A zoning districts. Eaves, window wells, overhangs and steps shall also be constructed in such a way so as to comply with such zoning ordinances and restrictions, provided, however, that this shall not be construed to permit any portion of any building to encroach upon another lot. 2

3 RESUBDIVISION No lots shall be re-subdivided or rezoned except as approved by RLN Business Park, LLC ARCHITECTURAL CONTROL No building, fence, wall, landscaping feature, pool, play structure, driveway, sidewalk or any other structure shall be commenced, erected or maintained on the lots, nor shall any exterior addition to or change or alteration thereto be made to any buildings on the lots until the plans and specifications for same have been submitted to and approved in writing by RLN Business Park, LLC or its appointed architect from time to time. Plans submitted for all homes in the 9th Addition shall include the following: See building permit planner provided by RLN Business Park, LLC for required set of house plans, elevations and sections, one site plan, and material samples (if required). The house plans should indicate construction materials and specifications, roofing material, exterior finishes and colors. The site plans should indicate the basement outline with projections shown as a dotted line. The garage footprint and exterior steps or decks should be indicated. The site plan should indicate sidewalks, walkways, and driveway locations and sizes. Accessory structures such as pools, pool houses, gazebos, utility buildings, decks and play structures may be indicated on the site plan. Any and all solar heating devices or satellite dishes, TV and radio antennae must be approved by RLN Business Park, LLC or its architect. Each lot will be restricted to construction of one single family detached residence with a twoor more car attached garage. Detached garages may be approved, provided they are constructed as part of the design style and are constructed with the same exterior materials as the house. No lean-to, carport, vehicle storage building detached from the residence will be permitted without the written approval of RLN Business Park, LLC. The following minimum livable square footage requirements apply: For all lots in Blocks 1-9, Reile s 9th Addition: 1500 square feet for a standard one story (rambler) 2700 square feet for a standard two story 2400 square feet for a bi-level, split level, 1 ½ story 3

4 A reduction of the square footage with respect to any of the lots may be granted by RLN Business Park, LLC, but only in special circumstances. Any reduction shall be evidenced by a written certificate of variance issued by RLN Business Park, LLC. All residences shall have a minimum two-car attached garage. Three-car attached garages are encouraged. Two-story designs on corner lots will only be allowed in special circumstances and generally are discouraged in the Addition. (The purpose is a concern of line of sight restrictions.) Corner lots should feature a residence design with a single-story elevation next to the side street, unless otherwise approved by RLN Business Park, LLC in special circumstances. No residence shall exceed two stories in height when viewed from the street. Roof slopes of not less than 5 in 12 are required, and slopes of 6 in 12, or greater are encouraged. LOT DRAINAGE CONTROL All Lots shall be graded to the finished design grades as designed by the Engineer appointed by RLN Business Park, LLC, and approved by the City and as shown in the development plans titles Reile s Acres 9 th Addition Roadway & Utility Improvements. Positive drainage is required to divert water away from the residence and to prevent standing water and soil saturation which may be detrimental to structures and enjoyment of use of the property. Particular attention must be given to any rear lot drainage swale leading laterally to storm sewer inlets, if any. RLN Business Park, LLC s Engineer will provide the grade stakes to assist in grading to the final design grades along the rear and side lot lines. After the sale of a lot, it is up to the owner to maintain and comply with the design grades. Any alteration or noncompliance in elevation of the design grades stakes by the owner, the owner s contractor, sub-contractor or landscaper will be the responsibility of the owner to correct and thereby comply with drainage control standards by the Owners. FENCING Fencing provided by the builder or owner, or anyone other than RLN Business Park, LLC, shall require the approval of RLN Business Park, LLC, prior to installation. No fencing shall be permitted to extend beyond the front of the primary structure facing the front of the lot, except on corner lots as approved by RLN Business Park, LLC. No fence shall exceed six (6) feet in height. All Side and rear fencing (except where provided by RLN Business Park, LLC), and where permitted, is to be constructed at the owner s expense. 4

5 LANDSCAPING Front and side lots of each property shall be sodded or seeded prior to the end of the first summer s construction season that the home is completed. If a property is completed in the winter, it shall be sodded or seeded prior to the end of the following summer. If the property is completed in the spring or summer, sod or seed shall be completed in the same year. The rear lot shall be seeded or sodded within one year of occupancy of the completed residence. Unsold lots exempted from sodding or seeding. If sold but construction withheld, property owner is required to manage weed control until lot is sodded or seeded. ANTENNAE There shall not be free standing antennae. Any antennae attached to a roof shall rise three (3) feet or less above the roof, not including the height of the chimney in this measurement. SATELLITE DISH Satellite dishes, if approved by RLN Business Park, LLC, or the architect, must be completely erected in the rear portion of the lot and be screened from public view from the streets and parks. The dish may not to exceed more than 3 in diameter. ANIMALS Other than household pets kept for non-commercial uses, no animals, livestock, poultry or insects of any kind shall be raised, bred or maintained on any of the lots. DRIVEWAY/SIDEWALKS Driveways and parking areas must be hard surfaced. Permitted materials for driveway construction include interlocking paving stones and cast-in-place concrete. Sidewalks should be designed consistent with the driveway solution. No pre-cast concrete slab pavers are permitted as the front sidewalk. MAILBOXES Location and design of the mailbox installation shall comply with the requirements of the United States Postal Service. For information, call Trollwood Post Office at The Zip Code for Reile s Acres is Delivery boxes other than mailboxes for the U.S. Mail may be permitted by specific approval of RLN Business Park, LLC. NUISANCE No noxious offensive trade or activity 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. Such restrictions shall include, but not be limited to using the lot as a dumping ground for rubbish, garbage, trash, or other waste materials, the placing thereon of unsightly piles of dirt, lumber or other materials except during construction, and then only during the course of construction. Such restrictions shall also include allowing noxious weeds to occur on the lot during or after the period of construction of the new home. 5

6 VEHICLE PARKING, STORAGE No commercial vehicles, motorhomes, boats, travel trailers, recreation vehicles, or construction equipment shall be permitted on any lot in the subdivision except in the normal course of business provided by such vehicles. Motor homes, travel trailers and like vehicles shall be temporarily permitted on the lots for the purpose of loading and unloading such vehicles or for temporary visits by visitors to the lots. Motor homes, boats, travel trailers and like vehicles may be stored on the lots only if they are stored behind the real line of the home and otherwise in compliance with Reile s Acres ordinance as approved August 11, All motor vehicles kept on or about a property shall be currently licensed and shall be maintained in an operable condition at all times, temporary mechanical difficulties and breakdowns excepted. No lot owner will use or allow to be used any on-street parking curbside areas for permanent or semi-permanent vehicular parking or storage. It being the intention of these covenants, that on-street parking is restricted to visitors, guests, etc. and not for regular parking or vehicle storage by lot owners. SIGNS No billboards or advertising signs of any kind or character shall be erected, placed permitted or maintained on any lot except as herein expressly permitted. A name and address sign used solely for the purpose of identification of the dwelling house occupants may be placed on the property by its occupants provided the design of the sign is approved by RLN Business Park, LLC, prior to the installation. The provisions of this paragraph may be waived by RLN Business Park, LLC, only when in its discretion the same is necessary to promote the sale of the property in the area or promotion of the premises. RLN Business Park, LLC may erect, place and maintain such sign structure or structures as it deems necessary for the operation or identification of the subdivision. DIRT REMOVAL No topsoil or excavation material may be removed from the development area. When there occurs an excess of soil or evacuation material as a result of basement excavation or lot grading, permission to remove that material must be obtained from RLN Business Park, LLC, otherwise RLN Business Park, LLC will direct as to where the excess excavation or soil, if any, is to be disposed of within the development. APPEARANCE DURING CONSTRUCTION All lots are to be kept clean during construction. All garbage is to be stored out of sight or disposed of in garbage dumpsters. No garbage/trash burning will be permitted. All property owners will be responsible for debris for debris left behind by their contractors and subcontractors on other lots or the streets. 6

7 GARBAGE AND REFUSE No garbage, garbage cans, ashes, refuse or trash receptacles shall be exposed to view (except as required by the City of Reile s Acres to facilitate garbage pickup) and no outside incinerator shall be permitted. Garbage, garbage cans, ashes, refuse and trash receptacles shall only be placed on a lot in a convenient place to facilitate pickup on the day of pickup only. No burning or rubbish outside of the residence shall be permitted. PROPANE TANKS No combustible liquid or gas tanks, exposed to view, shall be allowed on the lots. TEMPORARY RESIDENCES No trailer, mobile home, motor home, tent, shack, garage, barn, basement house or other building shall be used as residence either temporarily or permanently, nor shall any residence of a temporary character be permitted. EASEMENTS Easements for the installation and maintenance of utility and drainage facilities are shown on the registered plats of the development. The easements are perpetually reserved. Within the area of the easements no structures, plantings, fencing or other materials shall be placed, erected or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change or alter the direction of flow of drainage channels or swales in the easements or which obstruct or retard the flow of water through drainage channels or swales in the easements. The easement area of each lot and all improvements on it shall be maintained continuously by the property owner except for the improvements for which the public authority or utility company is responsible. All claims for damages, if any, arising out of the construction, maintenance and repair of the utility or drainage facilities (or on account of temporary inconvenience caused thereby), against the utility or the public authority or any of its agents or servants are waived. POWER AND TELEPHONE LINES For all the lots, temporary overhead distribution and service lines are permitted until permanent underground facilities are installed. Otherwise overhead lines shall be prohibited except during emergencies and repairs. INTERSECTIONS No trees, shrubs, fences or walls will be permitted to block the view of vehicle traffic at intersections. 7

8 MINING No derrick or other structure designed for use in exploring for oil or natural gas shall be erected, placed or permitted upon any of the lots nor shall any oil, gas, petroleum, asphalt or hydrocarbon products or materials of any kind be produced or extracted anywhere in the lots. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted on any lot or any part of the properties nor shall oil wells, tanks, mineral excavations or shafts be permitted on part of the lots. BASEMENTS No basement shall be constructed for temporary residential purposes and no basement structure shall be used for residential purposes unless and until the entire primary structure has been erected thereon and complies with the building code of the City of Reile s Acres PRIVATE SEWER AND WATER No private septic tank, drain fields or private wells shall be permitted on any lot. All lots in the subdivision will be served by the City of Reile s Acres (Fargo sewer) and Cass County water utility. VEHICLES CONTRACTED BY LAND OWNER Land owner is responsible to advise and enforce contractors and other hired companies regarding of the weight restrictions set forth to maintain roadways and not cause damage to infrastructure. SUBSEQUENT TRANSFERS No house or structure shall be moved in or onto any of the lots, unless it is a new structure built to meet all of the codes and specifically approved in writing by RLN Business Park, LLC, and no structure, once erected shall at any time be altered or changed so as to permit its use in any manner which would be in violation of these restrictions and conditions. MORTGAGES The breach of any of the foregoing covenants, conditions, reservations or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots in the Development, but these covenants, conditions, reservations and restrictions shall be binding upon and effective against any mortgage or trustee or owner whose title or whose grantors title is or was acquired by foreclosure, trustee sale or otherwise. WAIVER No delay or omission on the part of RLN Business Park, LLC, or the owners of any lots in the Development in exercising any right power or remedy herein provided, in the event of any breach of the covenants, conditions, reservations, or restrictions herein contained, shall be construed as a waiver thereof or acquiesce therein and no tight of action shall accrue nor shall any action be brought or maintained by anyone whatsoever against RLN Business Park, LLC for or on account of its failure to bring any action on account of any breach of these covenants, conditions, reservations or for imposing restrictions herein which may be unenforceable by RLN Business Park, LLC, or any other party. 8

9 ENFORCEMENT The Declarants, or any Owner, shall have the right to enforce, by any proceeding in law or in equity against any person or persons violating or attempting to violate any covenants and conditions imposed by the provisions of this Declaration. Failure of the Declarants or the Owner of any lot or lots to enforce any of the restrictions herein set forth at the time of the violation, shall in no event be deemed a waiver of the right to do so thereafter, nor shall it be construed as an act of acquiescence or approval on behalf of the Owners or Declarants. SEVERABILITY Invalidation of any one of or portion of the provisions of this Declaration by a court of competent jurisdiction shall neither affect nor invalidate any other provisions, and the same shall remain in full force and effect. AMENDMENTS This Declaration of covenants, conditions and restrictions may be amended by the Declarants until they divest themselves of the responsibility for architectural control. After that time, this Declaration may be amended by an instrument signed by the owners of 80% of the lots. Any instrument amending, modifying or canceling this Declaration should be properly filed and recorded before it shall be effective. ADDITIONAL LANDS Rights reserved to the Declarant to subject additional land to the Declaration shall not and shall not be implied or construed so as to impose any obligation upon the Declarant to subject any of such land to this Declaration or to the jurisdiction of the Owners. If such additional land is not subjected to this Declaration, the Declarant s reserved rights shall not impose any obligation on the Declarant to impose any covenants and restrictions similar to those contained herein upon such land nor shall such rights in any manner limit to or restrict the use to which such additional land may be put by the Declarant or use to which such additional land may be put by the Declarant or any subsequent owner thereof, whether such uses are consistent with the covenants and restrictions imposed hereby or not. DEADLINE TO COMPLETE CONSTRUCTION Within 48 months of the closing date of the purchase of any lot from RLN Business Park, LLC, or its successors or assigns, the buyer of the lot, or any subsequent buyer, transferee, assignee, devisee, here, or any other person claiming an interest by or through the initial buyer, shall obtain a Certificate of Occupancy evidencing the substantial completion of construction on the lot. If the buyer or any subsequent buyer, transferee, assignee, devisee, heir, or any other person claiming an interest by or through the initial buyer fails to obtain a Certificate of Occupancy within 48 months of the closing date of the sale of any lot, ownership of the lot shall revert to RLN Business Park, LLC, or its successors or assigns. The buyer or any subsequent buyer, transferee, assignee, Devisee, heir, or any other person who claims an interest by or through the initial buyer hereby consents to entry of judgment quieting title in the lot in RLN Business Park, LLC, or its successors or assigns. An affidavit signed by RLN Business Park, LLC, or its successors or assigns, and duty recorded with the Cass County Recorder s Office stating that the covenant has been complied with on a lot shall remove and terminate the reversionary interest retained by RLN Business Park, LLC or its successors and assigns, in the lot. 9

10 Fill Dirt & Services Information RLN Business Park LLC has fill available for purchase. Fill is located in 9th Addition for easy access and trucking ease. The picture to the left gives an example of how to calculate fill dirt needed to certify your lot out of the flood plain. The Reile s 9 th Addition is Serviced by the Following Utilities & Public Services Cable One Cass County Electric Coop Cass County Rural Water MidContinent Communications Xcel Energy Cass County Sheriff Cass County Tax Information City of Reile s Acres FEMA West Fargo Fire Department 10

11 Flood Information Information from Lowry Engineering on Completing an Flood Elevations 7/14/2015 To prospective Buyers of Reile s 9 th Addition: Currently the City of Reile s Acres follows the FEMA flood elevations. FEMA has determined that the 100 year flood elevation is per the 88 datum. The 88 datum is what basically everyone is currently using in this area now days as a basis for elevations. This means that all homes must be built to to meet City requirements and be 1 above the 100 year flood elevation. This is defined in 5.2 of the attached FEMA model ordinance that was adopted by Reile s Acres in order to get their basement exemption approved by FEMA. In addition, other flood proofing construction requirements are listed out in this section. Another thing to note is that it has come to our attention that in the next few years that FEMA may revisit the hydrology for determining the 100 year flood elevation. It is believed by some that since the City of Fargo has already done a significant amount of study, that Fargo s 100 year elevations will be adopted by FEMA. Fargo s 100 year elevations are higher than the current FEMA 100 year elevations. See attached from the City of Fargo. Fargo assumes this level to be in Reile s Acres. The concern many home owners have is if this change goes into effect, will their home which was previously not in the flood plain, now enter the flood plain? As long as homes are built to the elevation as required by the City they will still be 0.3 above what FEMA may require even if the 100 year elevation goes up. Andrew Thill, PE Civil Engineer 3330 Fiechtner Dr. Ste. 102 Fargo, ND Office: Fax: Cell: This information correlates with Reile s Acres Flood Ordinance Modified How to Request a Change to Your Flood Zone Designation 11

12 Flood Information Information from Lowry Engineering on Completing an Reile's Acres Elevation Certificate Note: While not required to complete the Elevation Certificate, Lowry Engineering highly recommends that the builder contact Lowry Engineering ( ) or another surveyor 72 Hours Prior to laying forms for foundation to provide staking and hubs of rear yard grades and for the lowest foundation openings. Instructions to Signee: 1. Fill out the top portion of the Elevation Certificate by providing information on the owner of property, physical address, legal description of lot, benchmarks used (minimum of two) along with the date of submittal and building permit number. 2. The residential construction shall be designed and built so that the lowest foundation opening is at least a foot above the 100-year flood elevation. Verify the lowest foundation opening elevation in the space provided on the form. The lowest foundation opening must equal to or greater than and less than or equal to The signee must initial and date in the space provided. 3. Sketch in the box provided and show the entire lot and building, writing in the elevation of the lowest foundation opening. 4. After finish grading, signee must initial & date, stating that that the rear yard lot corners match the elevations shown on sheet C-40 of the Civil Engineering Construction Plan Set for Reile s Acres 9th Addition published by Lowry Engineering. Write in the rear yard elevations in the sketch area. 5. Check the box of the type of survey equipment used. 6. In the Notes box, if using a laser level, provide the local benchmark numbers and elevations and provide calculations used to verify FFE and rear yard inlets. 7. This form must be signed & stamped by a registered surveyor, engineer or architect. Other information on Area Flood Management Information: flood-information.html

13 Sidewalk This is an excerpt from Chapter 3 for the Sidewalks and Driveways for Reile s 9 th Addition This is abbreviated highlights from Ordinance Boulevard Sidewalks and Driveways in Reile s Acres 9 th Addition. Full List of City Ordinances can be found: The City shall construct boulevard sidewalks in the following areas: Reile s Acres 9th Addition lots 1,2,3,4 in Block 2, lots 1,2,3,4,5,6,7,8 in Block 3, lots 6,7,8 in Block 4, lots 1,2,3,4,5 in Block 6, lots 1,2,3,4,5,6,7,8,9,10 in Block 7, lots 2,3,4,5,12,13,14,15,16 and the north and south property line of lot1 in Block 9. The City shall be responsible for the coordination and cost of construction, inspection and any materials testing related to the installation of sidewalks. The City will charge a sidewalk fee of $2, on each building permit in Reile's Acres 9 th Addition to cover the cost related the construction and maintenance of the sidewalks and ADA ramps Letter B Good Repair. Sidewalks are seen to benefit the whole Reile's Acres 9 th Addition. If sidewalk repairs become necessary, the Planning and Zoning Commission may order this work. The City, at their discretion, may assess the cost of repairs or replacement to the residents of the Reile's Acres 9 th Addition Letter I: Snow and Ice on Sidewalk Removed by Owner & Occupant of Property No snow or ice may be allowed to stand or remain upon any public sidewalk within the City of Reile's Acres. If any person or corporation either neglects or refuses to remove the snow or ice on a public sidewalk abutting the person's or corporation's property, after forty-eight (48) hours notice by the City Auditor, or his designee, the person or corporation will be subject to the penalties set out in Section with each day of noncompliance being a new violation. In addition, the city auditor, or his designee, may cause the snow or ice to be removed. The expense incurred in the removal will be charged and assessed against the abutting property by special assessment in a manner prescribed by law Letter J: Sump Pump Hoses. Sump pump hoses may not be placed on or over a public sidewalk. Property owners may request permission from the Reile's Acres City Counsel to bury their sump pump hose under the public sidewalk Removal of Snow and Ice from Sidewalk; improper dumping on city streets It shall be, and hereby is declared to be, the duty of the owner or occupant of each lot in the City to remove from the sidewalk in front of or along the same, any ice or snow which forms, accumulates or obstructs such sidewalk, within twenty-four (24) hours after the ice forms or the snow ceases to fall thereon. Where the ice accumulated is of such character as to make the removal thereof practically impossible, the sprinkling of ashes or sand thereon within the time specified for removal in such manner as to make such sidewalk safe for the travel of pedestrians thereon, shall be deemed a compliance with the provisions of this article. It shall be unlawful for any person, association, partnership, corporation, or other entity to deposit, place or dump, or permit or authorize the depositing, placing or dumping of any snow removed from driveways, sidewalks, parking lots, commercial lots, residential lots, or any other private property upon any city street. 13