DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WHITEWATER WILDERNESS RANCH IDAHO COUNTY, IDAHO THIS DECLARATION is made this 5 th day of December, 2007, by the WHITEWATER WILDERNESS RANCH OWNERS' ASSOCIATION, INC., a non-profit Idaho Corporation with its principal place of business at P.O. Box 211, Pollock, Idaho 83547. RECITALS Whitewater Wilderness Ranch Owner's Association Inc. represents the owners of the real property located in IDAHO County, Idaho, which is described as follows: Lots 1 through 114, inclusive, WHITEWATERWILDERNESS RANCH as shown by the plat filed June 26, 1995, under Instrument no. 380790, records of Idaho County, Idaho. This property has been divided into 114 tracts of at least 20 acres in size, including private road and utility easements. NOW THEREFORE, the Association hereby declares that the above described real property shall be held, sold and conveyed subject to the following Covenants, Conditions and Restrictions (hereinafter called "CCRs") and these CCRs will bind all grantees, heirs, successors and assigns and any future owners of all Tracts within the above described real property. This declaration of the Covenants, Conditions and Restrictions supercedes and replaces any and all previous such documents relative to Whitewater Wilderness Ranch, including the version of the CCRs dated August 14, 1995, and all amendments to that document, which includes but is not limited to changes made on July 2, 1997, April 3, 1998, March 25, 2002 and June 26, 2004. SECTION 1: DEFINITIONS 1.01 Owner. The recorded Owner of a lot whether one or more persons, including contract for deed purchasers. Owners do not include those persons having an interest merely as security for the performance of an obligation; or a Lessee from an Owner. 1.02 Owners' Association. The non-profit membership corporation under the laws of the State of Idaho as WHITEWATER WILDERNESS RANCH OWNERS' ASSOCIATION, INC., (also referred to as "Association") the governance of which corporation shall be in accordance with the provisions hereof and as set forth in the by-laws and resolutions of the corporation, as from time to time adopted or enacted. 1
l.03 Real Property. Real property shall mean and refer to that certain real property described above and any additional property added by later amendment as herein provided. 1.04 Parcel/Tract/Lot. The terms "Parcel", "Tract", and "Lot" are defined as the individual lots described in the Recitals, above, or any lands added to these CCRs by later amendment as herein provided. 1.05 Member in Good Standing. Any Owner who is current with all dues, assessments, and fines levied by the Association, and who is not in violation of these CCRs. For an Owner to be considered in violation of the CCRs for the purpose of this paragraph only, they must have received notification in writing from the Association of said violation and not have complied with any required action designated by the Association within the time allowed. 1.06 Refuse, Junk and Abandoned Material. Any material, equipment, waste or debris that has been discarded, left unused or accumulated on the property. This may include, but is not limited to campers, trailers or vehicles that are not used or maintained; left over construction materials, trash, etc. SECTION 2: OWNERS' ASSOCIATION 2.01 Membership Required. Each owner shall be required to belong and maintain a membership in the Owners' Association. Membership in the Association shall be limited to tract owners. 2.02 Owners' Association Established. A non-profit corporation has been established under the name WHITEWATER WILDERNESS RANCH OWNERS' ASSOCIATION, INC., an Idaho Non-Profit Corporation, which corporation shall be governed in accordance with the provisions hereof and as set forth in the By-Laws and resolutions of the corporation, as from time to time adopted or enacted. 2.03 Voting Rights. All Owners of tracts described herein shall be members of the Association, provided that each tract ownership, whether consisting of one or more persons or entities, shall be entitled to one vote, which vote shall be exercised as the Owners themselves shall determine. Voting shall be by members in good standing only. There shall be no fractional voting and in no event shall more than one vote be cast with respect to any individual Tract. 2.04 Powers of Association. The Association, in its sole and absolute discretion, and as more fully set forth in its Articles and By-Laws, shall have the power to perform the following acts: a) The Association shall have the right and power to levy and collect assessments, which levy shall constitute a lien on said Tract, enforceable as by law provided. 2
b) The Association shall have the right and power to enforce the provisions of this Declaration, the By-Laws and the Articles of Incorporation: nothing, however, contained in this paragraph shall be construed to prohibit enforcement of same by an Owner; c) The Association has the right and power to contract, provide and pay for (i) maintenance, utility and other services; (ii) payment of persons necessary to accomplish the obligations of the Association; and (iii) legal and accounting services; d) The Association has the right and power to contract for the purchase of tools, equipment, materials, supplies and other personal property and services for the maintenance and repair of the private road(s) and/or to contract for and pay for reconstruction of any portion or portions of the private road(s), damaged or destroyed; e) The Association has the right and power to delegate its powers to others where such delegation is proper. f) The Association shall have the right and power to suspend a member's voting rights and such member's right to use the private road(s) for any period during which any assessment against his lot remains unpaid and delinquent, or if the Owner is otherwise not a member in good standing of the Association as defined above; g) The duties and powers of the Association are those set forth in this Declaration, its Articles of Incorporation and By-Laws, together with its general implied powers as a non-profit corporation, generally to do any and all things that a corporation authorized under the laws of the State of Idaho may lawfully do which are necessary or proper in operating for the peace, health, comfort, safety and general welfare of its members, subject only to the limitations upon the exercise of such powers provided by law; h) Membership in the Association shall not be transferred, pledged or alienated in any way, except upon the transfer of the Ownership of the individual Tract to which it is appurtenant and then only to the new owner(s) thereof. i) The Association shall have the right and power on behalf of the Members to manage, repair, maintain and take all necessary actions for the continuance, maintenance and protection of all common roads and easements within the subdivision for the use and benefit of the Members. The Association s powers shall include, but not be limited to, the right and power to undertake construction, maintenance, repairs, and surveys, to commence, defend, appear in, compromise and settle on behalf of the Association and Members any lawsuit, proceeding or dispute with respect to the roads and easements, and the power to contract, procure insurance and incur expenses necessary for all of the aforesaid purposes. SECTION 3: UTILITIES/ACCESS/EASEMENTS/SET-BACKS 3.01 Common Utilities. Utility easements currently existing and (overhead or underground) lines constructed on and over the real property contained within the Property for electric power and telephone service are as set forth in that certain Plat 3
recorded as Instrument No. 380790, records of Idaho County, Idaho. In addition thereto, any additional common utility lines over and across the property described herein and to which these declaration apply, must be located wherever reasonably practicable adjacent to a common road right of way, provided that when such common road right of way is not available, such additional utility easements may be located within thirty (30) feet of any Tract boundary line and provided further that this provision shall constitute an easement for such purpose. Primary feederlines for electric power, telephone and cable television may, but are not required to be buried. 3.02 Underground Utilities. All individual utility hookups from primary feeder lines to each Tract and any utility lines (exclusive of primary feeder lines) between Tracts must be buried except for overhead lines that already exist as of the date of these revisions 3.03 Utility Easements/Requirements. All Tract owners take title subject to these utility easements and must not damage or disrupt these common utility lines. It is the responsibility of all Tract Owners desiring to install and/or use common utility lines to meet the lawful requirements of the utility companies servicing the real property and to pay all costs associated with such installation and/or use. 3.04 Private Road Access. Tract Owners will have ingress and egress on the road(s) over and upon the property. Said rights of way are private roads, maintained for the use and benefit of the Tract Owners, their guests, and those others entitled by legal instrument to the use of the same. 3.05 Obstruction Restricted. No gates or obstructions shall be placed upon or block any access road unless approved by the Association and by all Tract Owners using the road for access to their Tract, provided that this restriction shall not impair the Association's rights and powers set forth in Section 2.04 hereof. Any Owner may place, at Owner's expense, a cattle guard on a road easement if the Association approves the cattle guard and a gate is installed on one side of the cattle guard for livestock, horses, or for persons using the road. Approved cattle guards in any access road must be placed where such road passes through such Tract Owner's boundary. 3.06 Driveway Access. Each Tract Owner shall obtain the consent of the Association prior to constructing a driveway intersecting the access road maintained by the Association. The driveway must be constructed in accordance with the following conditions: 3.06.01 A minimum 12" diameter culvert will be used where ditchlines are in place. Crossing over existing ditchlines causes damage and is not permitted. 3.06.02 Erosion control of disturbed ground is required, i.e. seeding, proper drainage. The driveway must have flow lines and not encroach on the subdivision roads and must not allow water to flow off the driveway and onto the road. 3.06.03 The first 25 feet of driveway will have rock/ gravel. 4
3.07 Set Backs. All residences and other buildings, not including access roads, fences, corrals, and utilities, must be set back at least thirty feet (30') from any Tract boundary line. 3.08 Television Antennas. Residences may have television and radio antennas and dishes. 3.09 Water and Sewer. A Tract Owner assumes the responsibility of supplying and developing water and sewage facilities for their own Tract. Wells, water systems and septic systems must be drilled, installed, and maintained at all times in accordance with the applicable rules and regulation of public agencies having jurisdiction and authority over such facilities. 3.10 Riparian Access. Each Tract Owner whose membership with the Association is in good standing shall have the right, subject to the provisions thereof and the rules and regulations for the use thereof, to the use and benefits of that certain Easement Agreement recorded October 30, 1996 as Instrument (No. 389940, records of Idaho County, Idaho. Subject to the provisions of said Easement Agreement, the Association may establish and amend the rules regulating the use thereof. SECTION 4: GENERAL PROVISIONS 4.01 Owner's Livestock, Fences and Grazing. a.) Fenced in Animals. Any animals, including dogs and other domestic animals, kept by an Owner must be kept and/or fenced within the boundaries of the Owner's property. No Tract Owner will be permitted to operate a commercial hog farm, feedlot, or commercial cattle or poultry farm on any Tract. b.) Fences. The Tract Owners shall not be required to participate in or pay for the construction of partitions fences between Tracts. Any Tract Owner who wishes to fence their Tract must bear the expense of fencing unless the neighbor(s) voluntarily participate in the construction of the fence. c.) Fenced out Livestock. Even though Tract Owners are required to fence in Livestock, no Owner may bring an action for trespass of livestock unless that Owner has a lawful and maintained fence around the perimeter of such Owner's Tract. 4.02. Refuse and Junk Prohibited. No Owner will dump refuse or garbage or maintain an abandoned vehicle on any Tract nor will an Owner build, maintain, operate or construct, or in any way cause to be placed on any Tract a structure or condition that will cause the accumulation or existence of junk, or a condition causing an obnoxious odor. 4.03. Zoning Regulations. No lands within the Subdivision shall ever be occupied or used for any purpose or in any manner which is contrary to the zoning regulations applicable thereto and validly in force from time to time. 5
4.04. Limitations on Business and Commercial Uses. The Tracts shall be used primarily for single-family residential and/or recreational purposes. Each permitted residence may also have not more than one appurtenant, non-commercial guesthouse for the incidental and temporary use by Owner for Owner's guests. Non-commercial garages, small sheds, corrals, barns and horse facilities are also permitted on the Property. No Tracts within the Property shall ever be occupied or used for any commercial or business purposes, except for any office or studio contained within the Owner's residence. However, nothing in this paragraph shall be deemed to prevent any Owner or their duly authorized agent from renting or leasing any residential building for residential uses from time to time, subject to all of the provisions of these Declarations. 4.04.01. Variance for Owners who purchased their Property with the Intent of Establishing a Business as Allowed Under CCRs in Effect at Time of Purchase. Owners who purchased their Property with the intent of establishing a business that would not be permitted under the paragraph 4.04 above should submit to the Board of Directors, prior to August 31, 1999, a brief description of their intended business and a request for variance so as to allow that business to proceed. 4.05 Restrictions on Signs. With the exception of a sign no larger than nine (9) square feet identifying the architect and/or sign of similar dimension identifying the prime contractor, to be displayed only during the course of residential construction, and a sign no larger than nine (9) square feet advertising the Owner's Tract for sale, no signs or advertising devices, including but without limitation, commercial, political, informational, or directional signs or devices, shall be erected or maintained on any of the Property, except signs approved in writing by the Association as to size, materials, color, and location; (a) as necessary to identify ownership of the Tract and its address; (b) as necessary to give directions; (c) to advise of rules and regulations; (d) to caution or warn of danger; and (e) as may be required by law. 4.06 Movable Living Conveyances and Mobile Homes. Except as provided in 4.06.1 and 4.06.2, no trailers, mobile homes, or other movable living conveyances shall be placed or lived-in upon the Property. This restriction does not prevent pre-built homes on permanent foundations that meet United State Federal Housing specifications as nonmobile permanent, residential homes, or modular or 1990 or later model year doublewide mobile homes on permanent foundations. Nothing herein is intended to prohibit the Tract Owner or Tract Owner's guests from parking or using recreational vehicles on said Property next to a permanent residence on a temporary basis. For the purpose of this 4.06, the term "temporary basis" shall mean not to exceed the use permitted in 4.06.1 below. This provision does not prevent the Owner of a Tract from storing a recreational vehicle on a Tract. 4.06.01. Recreational Vehicles. Each Tract Owner may live in a recreational vehicle for up to 180 days per year so long as health and sanitary laws regulating sewage and waste disposal are followed by the Tract Owner using the recreational vehicle. 4.06.02. Temporary Housing. During construction of a permanent residence a Tract Owner may use a mobile home on the premises for a period not to exceed 18 months. 6
This 18-month period starts on the date the construction of the permanent home on the Tract is substantially commenced. This 18-month period must be in consecutive months. Any Tract Owner using a mobile home on the premises during construction must follow all applicable laws and regulations governing sewage and waste disposal. 4.07. Design of Homes. Homes, garages and outbuildings constructed on the Property shall have an exterior color in earth or wood tones. Any metal roofs and siding must be painted. 4.08. Completion of Construction. All Tract Owners covenant and agree that any construction of homes, outbuildings or any other building must be completed on the exterior within 18 months from the date construction was commenced and construction completed in accordance with applicable Building Codes and Health Department Regulations before the building or residence is occupied. 4.09. Timber. Timber growing on a Tract may be removed by an owner only in accordance with the following: 4.09.01. Permitted Activity. Timber growing on a Tract may be cut or used by the Owner of that Tract, for the Owner's personal firewood, fencing of the Owner's Tract or clearing the Owner's building, driveway and landscaped yard site. Thinning shall also be permitted for purposes of establishing and maintaining reasonable view corridors and to remove trees constituting a hazard. Nothing in this section shall prohibit the Owner from picking up deadfall for use as firewood, fencing or posts. 4.09.02. Restricted/Prohibited Activity. Clear cutting shall not be permitted except as necessary to construct the improvements to the premises, including building site, driveway, and landscaped yard. Growing timber shall not be cut for any commercial purpose or for sale or use off the Tract without the prior written consent of the Association. If such written consent is given, no timber shall be sold, cut or removed except in accordance with good logging and conservation practices and state law. 4.10. Maintenance of Tract. Notwithstanding any other provision of this Declaration, each Owner shall maintain their Tract in good repair and appearance at all times. No Tract Owner may overgraze their premises or allow manure to accumulate. The keeping of any animals on the premises shall at all times be accomplished in accordance with commonly accepted agricultural practices. Each Tract Owner shall be responsible for control and removal of noxious weeds on their Tract and compliance with all federal (including Conservation Reserve Program), state and county laws, regulations and ordinances regarding noxious weeds. 4.11. Further Subdivision of Tracts Prohibited. No Tract Owner may further subdivide any Tract. 4.12. No Mining, Drilling or Quarrying. Except as specifically herein provided, no mining, drilling, quarrying, tunneling or excavating for any substances within the earth, including oil, gas, minerals, gravel, sand rock and earth shall ever be permitted on the 7
surface of any Tract. Notwithstanding the foregoing, Owners may drill one or more water wells on their Tract for the purpose of providing water to the improvements constructed on the Tract for domestic use, including drinking water, irrigation and stock water. Existing quarries shall be maintained in a reasonably safe condition and in such a manner as to prevent excessive erosion to said tract or any surrounding tracts. 4.13. No Noxious or Offensive Activity. No noxious or offensive activity shall be carried out upon any portion of the Property, nor shall anything be done or placed on any portion of the Property, which is or may become a nuisance to others. 4.14. No Annoying Lights, Sounds or Odors. No light shall be emitted from any Tract or other portion of the Property which is unreasonably bright or causes unreasonable glare; no sound shall be emitted from any Tract or other portion of the Property which is unreasonably loud or annoying including, but without limitation, speakers, horns, whistles, bells, or other sound devices; and no odors shall be emitted from any Tract or other portion of the Property which are noxious or offensive to others. 4.15. No Hazardous Activities. No activities shall be conducted on any portion of the Property and no improvements may be constructed on any portion of the Property, which are or might be unsafe or hazardous to any person or property. 4.16. Control of Natural Fuels. All hayable properties on Whitewater Wilderness Ranch that have not been hayed or grazed prior to a date established yearly by the Owners' Association that coincides approximately with the beginning of the fire season will be subject to haying under a contract administered by the Owners' Association provided however, that the proceeds thereof shall be used by the Owners' Association to defray the cost of its operations and shall not be distributed as profit to members of the Owners' Association. 4.17. Owner Responsibility: Lot owners are responsible for the proper adherence to these CCRs by all those who they have granted permission to be on the ranch. These include, but are not limited to, renters, contractors, visitors and guests. 4.18 Road Care: Owners and their guests, visitors and contractors agree to respect the fragile nature of the WWR road system and use proper caution and follow policies of the Association in regard to safety and protection of roads. SECTION 5: ENFORCEMENT AND MISCELLANEOUS PROVISIONS 5.01 Declaration Attaches to the Land. These Covenants, Conditions and Restrictions, and Easements shall run with the land and shall be binding upon the present Owners and all subsequent Owners of any Tract. 8
5.02 Amendment of These CCRs. These CCRs may be amended by a majority vote of the Tract Owners. No amendment of these CCRs may diminish a Tract Owner's right to ingress or egress, as set forth herein or require the elimination of any existing improvement which is at the time of such amendment permitted by this Declaration. 5.03 Enforcement. The provisions of this Declaration, or any lawful amendments, may be enforced by the Association or a Tract Owner, by using either an action for damages arising out of a violation, or by an action to abate a nuisance, or an action to restrain a threatened or prospective violation, or restrain a continuing violation, or any other matter permitted by law or equity. In any action for the enforcement of the CCRs, if the relief prayed for is granted in whole or in part, the party prevailing shall be entitled to recover necessary court costs for the action, including reasonable attorney's fees as determined by the Court. 5.04 Severability. Should any provision of this Declaration be void or become invalid or unenforceable in law or equity by judgment, or court order, the remaining provisions hereof shall be and remain in full force and effect. 5.05 Mortgage Protection. A breach of any of these Covenants, Conditions, and Restrictions contained herein shall not render invalid the lien, encumbrance of any mortgage, or any security interest on any Tract if such mortgage, lien, or security interest is made in good faith and for good value. 5.06 Hunting. No hunting (this includes trapping) or trespassing is permitted on Whitewater Wilderness Ranch without permission from the individual property owner. However, nothing herein is meant to preclude any of these activities on one s own property. IN WITNESS WHEREOF, WHITEWATER WILDERNESS RANCH OWNERS' ASSOCIATION, INC. HAS SIGNED THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, ON THE DATE SET FORTH BELOW. Whitewater Wilderness Ranch Owners' Association, Inc., by the Board of Directors: By:, President, Director, Director, Director 9
STATE OF IDAHO On this day of, 2007, before me, a Notary Public in and for the State of Idaho, personally appeared the above named people, known or identified to me as the Board of Directors of Whitewater Wilderness Ranch Owners' Association, Inc., who executed the foregoing instrument on behalf of such Corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and notary seal the day and year first above written. Notary Public for Idaho Residing at: Commission expires: STATE OF OHIO On this day of m 2007, before me, a Notary Public in and for the State of Ohio, personally appeared the above named person, known or identified to me as the Board of Director of Whitewater Wilderness Ranch Owners Association, Inc., who executed the foregoing instrument on behalf of such Corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and notary seal the day and year first above written. Notary Public of Ohio Residing at: Commission expires: 10