RESTRICTIVE COVENANTS
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RESTRICTIVE COVENANTS

BURTON CANYON ESTATES

Dated:

Recorded:

Instrument No.:

In the microfilm records of Caribou County, Idaho.

NOW ALL MEN BY THESE PRESENTS:  That Whereas Dallas E. Murdoch and Joan H. Murdoch, husband and wife and owners of the following described property in Caribou County, State of Idaho, to-wit:

Beginning at the Northwest Corner of said Section 7:

Thence South 89o 50' 43" East 740.00 feet along the North line of said Section 7;

Thence South 00o 06' 04" East 500.00 feet;

Thence North 89o 50' 43" West 600.00 feet;

Thence South 00o 06' 04" East 160.00 feet;

Thence North 89o 50' 43" West 140.00 feet to the West line of said Section 7;

Thence North 00o 06' 04" West 660.00 feet along the West line of said Section 7 to the

Point of Beginning:                                        

This said described property shall form a subdivision known as Burton Canyon Estates, Phase I, and includes the following lots; Lots 1 through 22;

and WHEREAS, the said owners desire and intend to sell and convey said lots, having developed an overall plan for the use and development of said subdivision, and for the purpose of making a more desirable residential area, therefore;

1.LAND USE AND BUILDING TYPE:  No lot shall be used except its primary purpose shall be for residential purposes.  No building shall be erected, altered, placed or permitted to remain on any lot, other than a single-family dwelling and its accompanying garage or storage building.

2.ARCHITECTURAL CONTROL:  No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure on said lot has been approved by the Architectural Control Committee of said subdivision and the Zoning Committee of the City of Grace. 

3.DWELLING COST, QUALITY AND SIZE:  It is the intent and purpose of these restrictive covenants to assure that all dwellings constructed in this subdivision shall be of the highest quality workmanship and materials.  Therefore, all homes that will be placed or built in this subdivision must be of new construction and must conform to the requirements of FHA or HUD.  The ground floor area of the main structure, exclusive of one-story porches and garages, shall be not less than 1050 square feet for a one story dwelling.  All buildings must be placed on a permanent concrete foundation and must have permanently attached steps or porch.  All roofs must have at least 12" eaves that extends horizontally outward from the outside wall of the building.   All buildings must have a garage or carport.  Access to the garage or carport shall be achieved by a concrete, paved or equivalent driveway with a minimum width of 10 feet.  The garage may not exceed a capacity for three vehicles.   

4.BUILDING LOCATION:  No building shall be located on any lot nearer to the front lot line than twenty-five feet therefrom, measured to the foundation of such building; nor nearer than twenty-five feet to the rear lot line; nor nearer than eight feet to at least one interior lot line; nor nearer than twenty feet to the  side street line.  For the purpose of this covenant, eaves, steps and open porches shall not be considered as part of a building for the purpose of determining such distances, PROVIDED, HOWEVER, that this shall not be construed to permit any portion of a building, including such eaves, steps or open porches, to encroach upon another lot.

5.LOT AREA AND WIDTH:  No dwelling shall be erected or placed on any lot having a width of less than seventy five feet at the minimum building setback line, nor shall any dwelling be erected on any lot having an area of less than 8000 square feet.  NOTE:  Lots 13 and 14 will require a setback of approximately 45 feet in order to meet this requirement.

6.EASEMENTS: Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.  This includes a five foot easement that extends from the property line inward around the perimeter of each lot.

7.ADDITIONAL REQUIREMENTS: 

A.NOXIOUS ACTIVITY:  No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

B.ABANDONED VEHICLES:  No abandoned vehicles shall be allowed on the premises of any lot.   Both non-licensed vehicles or vehicles used on a regular basis shall be parked only in a garage or driveway on a regular basis. 

C.MAINTENANCE OF HOME AND YARD:  It being the intent of the developers that each lot maintain an attractive appearance, each homeowner shall agree to maintain their home and the yard adjoining their home in an attractive manner that shall maintain the pleasing appearance of the entire subdivision. 

D.MAINTENANCE OF LAMP AND LAMPPOST:  The developer shall provide each lot owner with a mercury vapor type lamp and lamp post that shall automatically turn on in the evening and off in the morning.  Each lot owner shall be responsible at the time they construct their home to install the lamp post and supply and maintain its electrical power.

E.HOME BUSINESS.  Home businesses will be allowed in the subdivision as long as they have only minimal signs attached to the home and do not result in increased traffic flow or increased on-street parking.  They must comply with all city zoning requirements.

8.HOLD HARMLESS CLAUSE.  Each lot owner shall agree to hold Merrill H. Lloyd and Diane S. Lloyd harmless from any damage that may occur from water that may inadvertently flow onto their lot within the subdivision as a result of damage to or failure of any sprinkler pipes or broken mainline pipes that are located in the area adjacent to the subdivision.

9.TEMPORARY BUILDINGS:  No structures such as trailer, basement house, tent, shack, garage, barn or other outbuilding shall be used at any time as a residence, either temporarily or permanently.  No old or second-hand structures shall be moved onto any of said lots, it being the intention hereof that all dwellings and other buildings erected on said lots, or within said subdivision shall be of new construction of good quality workmanship and materials. 

10.SIGNS: No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five feet square advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

11.OIL AND MINING OPERATIONS:  No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot.  No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

12.LIVESTOCK AND POULTRY:  No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided they meet licensing requirements of the City of Grace and that they are not kept, bred or maintained for any commercial purposes.

13.GARBAGE AND REFUSE DISPOSAL:  No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste.  Such trash, rubbish, garbage or other waste shall not be kept except in sanitary containers.  All containers or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

14.ARCHITECTURAL CONTROL COMMITTEE.  An Architectural Control Committee shall be formed to approve all building plans, to consider any questions that may arise regarding the conformity of a lot owner to these restrictive covenants, or to approve any exceptions to these restrictive covenants.  This committee shall be composed of Dallas E. Murdoch who resides in Grace, Idaho, and two other members who shall be selected from among those who own lots in the said subdivision.   The majority of the committee may act for said committee, or the full committee may designate any one of its membership to act for it relative to any particular case or matter that may come before the committee. 

In event that any member of the committee is no longer able to function on the committee, the remaining members shall have full authority to designate a successor.  Neither the members of the committee nor its designated representatives shall be entitled to receive any compensation for services performed pursuant to this covenant.  At any time, the recorded owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or to restore to it any of its powers and duties.

15.PROCEDURE:  The committee's approval or disapproval as required in these covenants shall be in writing.  In the event the committee or its designated representative fails to approve or disapprove within seven days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and related covenants shall be deemed to have been fully complied with. 

16.TERM: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date of these covenants, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the twenty two owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

17.ENFORCEMENT:  Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.

18.SEVERABILITY:  Invalidation of any one of these covenants by judgment or court order shall in nowise affect any of the other provisions hereof, all of which remain in full force and affect.

 

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