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Declaration of Conditions, Covenants and Restrictions
This declaration made the 18th day of July, 2000, by the undersigned, hereafter called the Declarant, states:
WITNESS:
- WHEREAS Declarant is the owner of real property described in part II and is desirous of subjecting this property to the conditions, covenants and restrictions set forth in Part III, all of which is intended for the benefit of the property and for each owner thereof. These conditions, covenants and restrictions shall run with the land and each parcel or lot contained therein and shall apply to and shall bind all successive owners of every parcel or lot.
NOW THEREFORE, Declarant makes, declares and imposes the following limitations, covenants and restrictions upon such real property as restrictive and protective covenants, running with the land and binding upon all present and future owners of any part of such real property, and further declaring that each lot within the tract is and shall be held, transferred, conveyed and occupied subject to the restrictive and protective covenants hereinafter set forth.
ARTICLE I
REAL PROPERTY
The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this declaration in Lincoln County, Montana, and is more particularly described on Exhibit A hereto attached.
No other property, other than that described above, shall be subjected to this declaration, unless and until specifically made subject thereto.
ARTICLE II
PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
Section 1. General Purposes:
The foregoing described real property is subject to the following set of restrictions, covenants and conditions to insure the best use, appropriate development, and improvements of each lot and building site; and, further, to protect the owners of building sites against improper use of surrounding building sites as will deprecate, depreciate or otherwise adversely affect the value of their property; to preserve the natural beauty of said property; and, in general, to provide the quality of improvements within the described property and surrounding properties and thereby enhance the value of improvements made by the purchasers of the parcels, lots and building sites:
Section 2. Utilities:
1. All electrical, telephone, or other utilities shall be installed underground from the service line to the dwelling unit. Each individual landowner may choose where said lines transgress within their property boundaries so long as approval is first had and obtained from each individual utility company. Solar roof panels shall be allowed, but shall not be allowed to be maintained at a height more than (3) feet above the highest roof line of the residence or garage to which they are attached. No evaporative cooler shall be placed on any roof. Television antennas and 36" or smaller satellite dishes shall be allowed.
2. All individual water and/or sewage systems shall be designed, installed and maintained at all times in compliance with rules, regulations, and standards established by the Montana Department of Health and Environmental Sciences and the Lincoln County Board of Health.
Section 3. Residential Development:
1. No lot shall be subdivided, and only one (1) single family residence shall be permitted on each lot. The residence, or any other structure associated therewith on any lot shall not be located closer than twenty (20) feet away from any property line. Lot owners will attempt to maintain a separation of sixty (60) feet between residential structures in forested areas.
2. The dimensions of said single family residence not to be less than 30' x 30' (900 square feet).
3. No structure of a temporary character, basement, shack, garage, barn, mobile home or other outbuilding shall be erected at any time to be used as a residence, either temporarily or permanently, or for the purpose of sheltering logging trucks, heavy equipment or any type of heavy construction equipment. A temporary building may be placed on the property only if such building is necessary as a construction shack, and it's placement on the property shall be allowed only if approved by the Seller upon prior request in writing made to Seller. It shall not be a violation of this provision for a camp trailer, motor home or recreations vehicle to be parked temporarily on the property for hunting, fishing, boating or other recreational purposes. No more than three (3) total said vehicles may be parked on the property at one time.
4. No mobile home mounted or constructed on a foundation shall be used on the property at any time as a residence, either temporarily or permanently.
5. No single family dwelling with attached garage shall be allowed to remain standing with the exterior unfinished or unpainted for more than one (1) calendar year from the commencement date of the initial dwelling unit construction.
Section 4. Land use:
1. No outside toilet facilities, portable or otherwise, shall be maintained on the property, except as such temporarily facilities are placed upon the property in connection with construction activity, pursuant to approval by SELLER . Any sewage disposal systems shall be of a type approved by the County and/or State Department of Health and shall be maintained by the Owner at all times in proper sanitary condition and in accordance with applicable state, county and city laws.
2. No junk (including non-operable motor vehicles or parts thereof), trash, debris or other forms of solid waste, shall be allowed to accumulate on any lot or parcel but shall be promptly and officially disposed of. No vehicles which are not in serviceable or usable condition, inoperable or unlicensed automobiles shall be parked on any lot or street, nor permitted to remain therein. All rubbish, trash, garbage and other putrefied forms of waste shall be kept in sanitary containers equipped with tight fitting lids. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition.
3. No commercial activities may be conducted on any lot. No part of the Property or any improvement situated thereon shall be put to any industrial, manufacturing or other use which may be offensive by reason of odor, fumes, dust, smoke, noise, vision, vibration, or pollution including, but not limited to, factories, slaughterhouses, tanneries, truck stops (not to include gasoline stations), or which are hazardous by reason of the excessive danger of fire or explosion.
4. No livestock or any type of fowl shall be permitted on any lot and no animal husbandry activities shall be permitted except dogs and cats. In no instance shall dogs be allowed to roam free. No commercial activities shall be allowed to be conducted on any lot or parcel and no gas, oil, mineral, quarry or gravel operation shall be permitted on any lot or parcel.
5. No part of the Property or any improvements situated thereon shall be used as a theater, club or store which theater, club or store encourages or sells films, services or wares of a pornographic nature.
6. Each family residence shall be built to conform to the general aesthetics of the area, minimal amounts of vegetation shall be removed for residential development, and all structures and improvements are to be kept and maintained in a good and sightly condition. No trees shall be allowed to grow which will substantially interfere with another homeowner's view of the Cabinet Mountains.
7. No billboards or advertising signs on a commercial basis (except for "For Sale" signs and two signs identifying the subdivision located near the exterior boundary of the subdivision) shall be erected, placed, maintained or permitted on any lot.
8. Any disturbance of the shoreline of the lake requires prior written approval of the U.S. Army Corps of Engineers, the Montana Department of Fish, Wildlife, and Parks, the Montana Water Quality Bureau, the Lincoln County Planning Department, and the Lincoln County Conservation District.
9. Any man-made development of disturbance within fifty (50) horizontal feet of the lake shore of Bull Lake requires a Lincoln County Flood Plain Development Permit and any man-made development or disturbance within twenty (20) horizontal feet of the lake shore of Bull Lake requires a Lincoln County Lake Shore Development Permit.
10. Lot owners will comply with the Montana Fire Protection Guidelines for Wild Land Residential Interface Development in lot development.
11. Lot owners will be informed about Human / Wildlife Interactions as outlined by the Department of Fish, Wildlife and Parks.
12. Lot owners will become members of the Bull Lake Estates Home Owners Association.
13. Water rights will be obtained by the Association rather than by individual lot owners.
14. Owners of lots 11 through 15 and 28 through 47 will be members of the Board of the Bull Lake Estates Community Sewer System.
15. Owners of lots 11, 12 and 36 through 41 will be members of the Bull Lake Estates Multiple Family Water System.
16. The discharge of firearms is prohibited within the subdivision area.
17. The trees must be retained within the riparian corridor along Weasel Gulch on Lots 23 through 27 to prevent or minimize channel migration. A tree or trees may not be removed unless it or they are diseased, dying or a threat to person or property.
18. Household garbage will be stored within a closed building (i.e. house, shed or garage).
19. Lot owners will be informed about living in bear country as outlined by Department of Fish, Wildlife and Parks.
20. Lot owners will not leave pet or human food outside unattended, particularly at night.
21. Barbecue grills should be kept clean and, if practical, in a secure building such as a garage or shed when not in use.
22. Refrigerators or freezers should not be kept outside.
23. Lot owners must not feed birds during the active bear season (March - November) and reduce the amount of loose bird seed by following guidelines in the Montana Fish, Wildlife and Parks Brochure.
24. Lot owners should avoid feeding wildlife such as turkey or deer.
25. Lot owners should avoid planting fruit trees, but if planted, must pick fruit regularly and clean up dropped fruit immediately.
26. Lot owners should avoid using blood meal or bone meat fertilizer.
27. Lot owners should avoid using compost piles in bear country.
28. Lot owners must butcher any wild game meat immediately and dispose of remains in bear resistant receptacles.
Section 5. Hazardous Substances:
1. The property shall not be used or maintained as a dumping ground for rubbish or trash and no garbage or other waste shall be kept except in sanitary containers. Notwithstanding the foregoing, no hazardous substance shall be brought unto, installed, used, stored, treated, disposed of or transported over the Property, and all activities on the Property shall, at all times, comply with Applicable Law. The term "Hazardous Substance" shall mean any substance which, as of the date hereof, or from time to time hereafter, shall be listed as hazardous or "toxic" under the regulations implementing The Comprehensive Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., The Clean Air Act, 42 U.S.C. 7401 et seq., the Comprehensive Environmental Cleanup and Responsibility Act 75-10-701, M.C.A., and any other local, state, and/or federal laws that govern the existence, cleanup and/or remedy of contamination of property, the protection of the environment from spill deposited or otherwise in place, contamination, the control of hazardous waste or the use, general transport, treatment, removal or recovery of hazardous substances including building materials.
Section 6. Minimum Wildfire Prevention Measures:
A. Roofs of structures will be constructed of, or made to be, fire resistant material (Class A or Class B Fire Rating) and kept free of debris such as pine needles, leaves, moss, etc.
B. A thirty foot (30') perimeter will be kept around structures in which weeds, brush, and other debris capable of rapidly transmitting fire are removed.
C. No portion of a tree or any other vegetation will extend to within 25 feet of the outlet of a chimney or stovepipe.
D. Residential structures will have displayed a number indicating it's address or location that can be read by emergency vehicles from at least 100 feet (numbers at least four (4) inches high and one-half inch high.)
Section 7. Minimum Noxious Weed Control Measures:
A. Existing topsoil will be stripped and stockpiled whenever soil is to be disturbed for roads, evacuation, grading, etc.
B. Topsoil will be replaced on all disturbed areas. Upon completion of the grading, it will be fertilized and seeded with native or commercial grass.
C. Any offsite topsoil or gravel will be inspected for noxious weeds prior to delivery to the site, and only that which is free will be utilized.
Section 8. Duration and Amendment:
These restrictions, covenants, reservations, and conditions are to run with the land and shall be binding on all parties owning property within the Bull Lake Estates, and shall be in effect for a period of forty (40) years, after which period shall be automatically extended for successive periods of ten (10) years unless a written instrument signed by eighty-five percent (85%), of the then current owners of lots has been recorded to amend this declaration or any parts thereof.
Section 9. Enforcement:
The conditions, restrictions and covenants herein contained shall bind and inure to the benefit of, and be enforceable by the Parties, their successors, personal representatives and assigns, or by the owner or owners of any parcel of the above described property. The failure of the Parties, their successors or assigns to enforce any of the conditions, restrictions or covenants herein contained shall be in no way deemed a waiver of rights to enforce such conditions, restrictions or covenants hereafter. Nothing herein contained shall be construed as preventing the application of any remedy given by law against a nuisance, public or private. The remedy herein provided shall be in addition to any other remedy now or hereafter provided by law.
Section 10. Severability:
Invalidation of any one condition, restriction or covenant herein contained by judgment or order of any court of competent jurisdiction, shall in no way effect the validity of remaining conditions, restrictions or covenants; and said remaining conditions, restrictions and covenants shall continue and remain in full force and effect. Any conditions, restrictions and covenants herein set forth.
IN WITNESS WHEREOF, the Declarant has executed this instrument the day and year herein above written.
BULL LAKE ESTATES, L.L.C.