HomeMy Public PortalAbout2004.10.19 - Protective Restriction & Covenants - Broken Ridge Subdivision Instrument# 288582 Protective Restrictions and Covenants
VALLEY COUNTY,CASCADE,IDAHO
20044049 03:01:14 No.of Pages:11 �f
Recorded for:SECESH ENG
LELAND G.HEINRICHFee:31".
Ex-Officio Recorder Deputy
Index to:RESTRICTIVE COVENANT
- — -- "KENRIDGE SUBDMS10N
Phase one
THIS DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR BROKEN RIDGE SUBDIVISION is made effective as of this date Ccf Iq
of the year 20 .It should be noted that this document shall be part of,but may not
be exclusive of or to the total project. Other Phases of Broken Ridge Subdivision may or
may not have additions or subtractions to this document.
This document is not meant to encumber or empower any one person or group. The intent
of this document is to provide a reasonable guideline for the residents of the subdivision.
This document is written with the intent to include areas of restrictions not included in
the existing City of McCall ordinances as well as make residents fully aware that the City
of McCall ordinances do exist and will be enforced by the city.The residents and/or
landowners of Broken Ridge Subdivision must organize and enforce these Protective
Restriction and Covenants in a democratic manner.
Note—
A board of five(5)property owners of Broken Ridge Subdivision will be
selected by the property owners.There will be quarterly meetings starting in
2004.
First Chairman of the board----Ramon(Ray)L.Alford
Chairman of the board-- Four(4)year term
Secretary of the board------------Twyla Fisher
Secret -------Four 4 Year Term
Other members—Three(3)year Term
Veronica Geddes
Norman Alford
Other members—Two (2)year term
Duties of the board
The board of the home owners association will be responsible in all cases to see
that all restrictions of BROKEN RIDGE SUBDIVISION conveyance are adhered to as
they are written with in this document.
Page 1 of 11
Broken Ridge Subdivision is to be residential in nature and having a City of McCall
owned park,the parks named shall be "Broken Ridge Park". Broken Ridge Park will be
a natural wooded area that can provide a nature study of local fauna, small birds and
arumals of the area. Broken Ridge Park's primary amenities shall be limited to a(1)
bike/walking path,(2)restrooms, (3) a maintenance building, and(4) a play area for
small children that will be located at a central location within Broken Ridge Park.The
City of McCall is encouraged to bring the bike path intended for Boydstun Street to
traverse the length of Broken Ridge Park.
The park area will be deeded to the City of McCall for as long as it remains a
public park as set forth in this document and it is therefore their responsibility for all
maintenance,repairs, and to provide security as they do on all City of McCall owned
property.
Ramon L. &Karen A. Alford,in accordance with City of McCall ordinances,
establishes Broken Ridge Subdivision on land they own within the city limits of McCall,
Idaho.The plat for Broken Ridge Subdivision and the restrictions and covenants of that
subdivision will be recorded in Valley County,Idaho.All restrictions and covenants are
established in the following sections 2 through section 6.
.Note---It should be noted at this time that the Alford's (owners of the land to
be known as Broken Ridge Subdivision)would make one recommendation
to all that purchase property with-in the Broken Ridge Subdivision. It is
encouraged that the purchasers of a vacant lot spend some time on their lot
before building.Please feel free to spend at least two weeks camping on
your lot so as to become comfortable with just where the sun comes up and
sets each day as a for instance of how best to enjoy your new home.
Placement of your home on your lot is an important factor to the enjoyment
of the area.As well,the new property owner should remember that there
will most likely be someone building on the adjacent lots and that there
construction of there home will in some way change what you see from your
lot.Always plan for expansion as your family grows and your needs will
change as time goes by.It is not intended to allow camping as an ongoing
process. Therefore camping will be limited to the first two years after
purchase of a vacant lot. Camping shall be limited to two full weeks each
year for the purchaser and their guest. Guests shall not exceed four(4)
individuals at any one campout. .
NOTE:
Broken Ridge Subdivision is located within the City of McCall and all laws, and
ordinances when more stringent than those of this conveyance will prevail.
Page 2 of 11
SECTION
ONE
---General Provisions---
Park Area---
Broken Ridge Park is to be a public park for all residents and guest of the City of
McCall as would be any other park in the area. This park is to be of a wooded
nature having natural plants of the area. Tree limbs should be trimmed up from
the ground to provide protection from fire as well as public safety.Limbs from
trees that have fallen need to be removed so as not to create a fire hazard. Where
trees are deemed to be too thick to provide open vision for security sake those
trees should be thinned thus providing a safe environment for the park visitors.A
bike-walking pathway should be established that transverse from the north park
boundary to the south park boundary adequate for emergency equipment.A park
entry at the north end of the park off Boydstun Street can, at the city's discretion,
provide a maintenance building of not more than(20' x32') and public parking.
Public restroom facility should be established in a location near the small
children's play area.
The park area is owned by the City of McCall and it is therefore their
responsibility for all maintenance,repairs,and to provide security as they do on
all City of McCall owned property.
Street&Roads----
No lot will enter directly into or be addressed to BOYDSTUN STREET as per
city of McCall's request.
All streets and roads within the subdivision will be built to city of McCall
standards and be public property. Snow removal will be performed by the City of
McCall.
Sewer System---
The sewer system improvements will be dedicated to the Payette Lakes Water and
Sewer District, after completion of construction and acceptance by their
representatives. Its care and maintenance will be their responsibility.
Underground Electrical service---
Will be installed to the property line by Idaho Power and is therefore their
responsibility for maintenance.
Page 3of11
Water
The water system improvements will be dedicated to the City of McCall, after
completion of construction and testing,and acceptance by Public Works. Water
services meeting the City of McCall standards will be provided to the property
line of each lot. Each homeowner will need to pay the city hook/up connection
fee prior to house construction.
SECTION
TWO
---Setbacks---
Lot Setbacks;
Front yard,--A twenty(20)feet front yard set back will extending from side lot
line to side lot line.
No structure either habitable or uninhabitable shall be constructed within
the front yard setback area.Flag poles are exempt from this section of the
conveyance.
Side Yard--Five feet from property line(5 feet).
No habitable structures, attached or detached garages, guest housing,or
mother-in-law apartments shall be located in the side yard set back area.
No'storage sheds greater than 120 square feet or buildings or structures
having permanent footing/foundations shall be located in the side yard set
back areas. Flag poles are exempt from this section of the conveyance.
Rear/Back Yard—
No habitable structures attached or detached garages, guest housing,
mother-in-law apartments shall be located in the rear/back yard set back
area.No storage sheds greater than 120 square feet shall be located in the
rearlback yard set back area Garden tool sheds, green houses,potting
sheds and children's play houses of 120 square feet or less may be located
in the rear/back yard setback area when constructed with-out permanent
footing and foundations.
SECTION
THREE
---Fences---
Fences:
Fences may be constructed on or near the property lines with the following
conditions:
1) All fences shall be constructed of normally excepted fencing materials
(wood,and vinyl,brick, stone,or block having mortar joints). No barbed
wire fences or electric fences will be permitted. Chain link fencing is not
recommended as it is more susceptible to snow/ice damage.
Page 4 of 11
2) Front yard set back area; --No fence shall be greater than three(3)feet
in the front yard setback area. [See subsection---4) clear vision triangle
EXCEPTION—When a front yard fence and a side yard fence meet
the property owner may construct a transitional fence that may extend
into the front yard setback area up six(6)feet in length.
3) Side and rear/back yard setback areas; --No fence shall be greater than
six(6)foot in height from the natural ground level in the side or rear/back
yard areas.
EXCEPTION—Rear yards that face the park area shall have fences no
higher than four(4)feet.
4) Clear Vision Triangle;--A clear Vision Triangle for the purpose of this
document is a comer lot where two streets or a street and a road intersect
and a lot will have two streets or a street and a road frontage. The street or
road(the one to which the dwelling is addressed)will be the front and the
other will be the side.The clear vision triangle will extend along the
property line for a distance of thirty feet(30') from the intersection of the
front and side property line.Within those thirty feet no fence,wall,
planting or main structure shall be permitted to be over three feet(3')in
height.
Note; --the purpose of the clear vision triangle is to provide an
element of safety where small children may be playing in or around an
intersection.
SECTION
FOUR
PETS &HOUSEHOLD ANIMALES
Pets
Dogs,Cats, and other household animals.
1) Household Pets
Dogs, Cats and other household pets will remain on the owner's
property or under the owner's total control at all times.When your
pet is out unaccompanied by adult supervision it shall be on a
restraint that is secured or in an enclosure.No household pets shall
be allowed to roam free with in this subdivision. Cats are not
exempt from this requirement.
2) Farm Animals:
Chickens,Rabbits,and other small caged farm animals used in
children's 4-H or County Fair projects will require City of
McCall approval to be allowable with-in the subdivision.The
number of animals shall be kept to six or less.
INALL CASES ODOR AND SANITARY CONDITIONS SHALL BE A PRIORITY
Page 5 of 11
SECTION
FIVE
AUTOS &OTHER VEHICLES
Vehicles,
Autos,Vans,Motor homes,and Travel Trailers.
Vehicles not used on a daily bases for normal daily transportation shall
not be stored on the streets or in the lot setback areas.
Disabled vehicles, (unlicensed or inoperable)
No disabled vehicle may be stored on the property at any time. If a
property owner is making repairs to his or her own vehicle and that repair requires
more than one day of work to complete,said vehicle shall be currently licensed
for highway use under Idaho State law. Said repair work shall be done in the rear
yard area and work may not exceed more than thirty(30)days.
SECTION
SIX
BUILDINGS&STRUCTURES
Residential Buildings;
All construction of habitable or non-habitable building and or structures
shall conform to the local city,county,or state building codes and ordinances.
No residential structure shall be of less than nine hundred(900) square
foot.The nine hundred(900)square foot area shall be living area on the ground
floor level and not including carports, garages, and decks or patios.
Recommendation for construction;
Roof
It is recommended that all building and structures be designed and
constructed with SNOW in mind.Ridged dormers look nice on a roof,but will
more than likely create ice dams in the winter. Shed dormers will give you the
opportunity to allow natural light into the upper area of your house with out
creating a valley to hold snow and ice. Colored metal roofing of earth tones is still
the best roofing material used in snow areas when properly installed.Deck
Page 6ofII
railings can be damaged by falling snow; as well falling snow can create a
problem if the roof sheds its snow onto walkways, stairs or ramps for the
handicap.
Exterior siding
As Broken Ridge Subdivision is meant to be compatible and harmonize
with nature it is recommended that structures be of wood or stone. Other natural
appearing material having earth tones could be considered acceptable. Because of
the snow conditions of the area an earth tone metal wainscot extending up from
the foundation not more than four(4) feet can be accepted.
Exterior and yard lighting
Exterior lighting that is used for commercial parking lots and storage yards is not
acceptable.A recommended lighting system would be one that is a building wash
or indirect lighting system.Walk way and yard lighting should be kept to a low
intensity system. Solar power lighting would be recommended. Lighting on timers
should be considered.
NOTE:
Broken Ridge Subdivision is located within the City of McCall and all laws, and
ordinances when more stringent than those of this conveyance will prevail.
Page 7 of 11
IN WITNESS WHEREOF Declarant has executed this Declaration the day and
year first above written.
INTERMO NPAUNITY BANK
Dated r 2 04
By:
arry iKgg,VWWsident
OQE- 0KI )
STATE OFA,
Q.�t.1•-- )
County ofag ss. )
On this 4� day of CC761pD, ,2004,before me, ,
a Notary Public in and for said State,personally appeared Larry Hogg,known or
identified to me as Vice President of Intermountain Community Bank which is
subscribed to the within instrument and acknowledged to me that he executed the same
for and on behalf of said corporation.
1N WITNESS WHEREOF,I have he to set my hand and affixed my official
seal,the day and year in this certificate st abovetten.
OFFICIAL Sr
IHONDA x BT
LN4OTY LIC FOR IDAHO
NOTARY PUBLIC- EGON
COMMISSION NO.375338 Residing at: fi �--�G�Z
MY COMMISSION EXPIRES JAN 29,2009 My Commission Expires:
Page 8 of 11
IN WITNESS WIHERFOF Declarant has executed this Declaration the day and
year first above written.
GLEN M.BEAL AND LAURA A.MOUNCE
Dated Sept e ber 29,2004
Gle M Beal, ner
By: �G
Laura A.Mounce,Owner
STATE OF IDAHO, )
)SS.
County of V`ta it�3cOt_ ) ,�l
On this �;)r`�day of dO-Z D � 2004,before me, A)�)NCLd 1`�fi
a Notary Public in and for said State,personally appeared Glen M.Beal and Laura A.
Mounce,known or identified to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me they did execute the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official
seal,the day and year in this certificate first above written.
NOTARY P LIC FOR IDAHO
NANCY LEE RWMAN Residing at: j�le/LC�ICLrti�
Notary Punic My Commission Expires:
State of Idaho
Page 9 of 11
IN WITNESS WHEREOF Declarant has executed this Declaration the day and
year fust above written.
JAMES AND LEEANN SEVERNS
Dated September 29,2004
By: aa,--
Jame everns,Owner
By:
LeeAnn Severns, Owner
Cil,. �rK g
STATE OF� )
) ss.
County of VeIL- : Ofa--J-4� /)
On this�A day of 2004,before me,
a Notary Public in and for 4aid State,personally appeared James and 4,eeAnn S` verns,
known or identified to me to be the persons whose names are subscribed to the within
instrument and acknowledged to me they did execute the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official
seal,the day and year in this certificate first above written.
NOTARY PIIYBLkC FOR
_ BRIGITTE AGUILAR Residing at:
Comm.#1461750 'n My Commission Expire y'-t Z civ
u! A NOTARY PUBLIC-CALIFORNIA N
Coun
My Comm.OrangExpie res APRty
.9,2008
Page 10 of 11
q
IN WITNESS WHEREOF Declarant has executed this Declaration the day and
year fust above written.
RAY AND KN
Dated Septej=2jOwne
By:
R
By:
wren Alford, ner
STATE OF IDAHO, )
)ss.
County of Valley.
On this 6& day of 2004,before me, �
a Notary Public in and for said State,personally appeared Ray and Karen Alford,
known or identified to me to be the persons whose names are subscribed to the within
instrument and acknowledged to me they did execute the same.
IN WITNESS WHEREOF,I hav e roset my hand and affixed my official
seal,the day and year in this certificate t a ve written.
NOY'P IC FOR
,.••0 31.d Cs �'••. Residt t:
•� tip',••' ••.,•2� -: My Commission Expires:
. tr i •
co ; i o : -rc
Page 11 of 11