WHEREAS, the undersigned has divided said property into building sites, hereafter referred to and mentioned as "Lots" and desires to provide for certain use restrictions which shall govern and control the use and enjoyment of the Lots within said described property; and

 

WHEREAS, the purpose of these covenants is to insure the use of the property for attractive residential purposes only, to prevent nuisances, to prevent impairment of the attractiveness and value of the property, and to maintain the desired tone of the development and thereby secure to Lot Owners the full benefit and enjoyment of their residences, with no greater restriction on the free and undisturbed use of their Lots than is necessary to insure the same advantages to all Lot Owners. The goal is not to restrict country living but to create a community that allows for hobbies and farm animals to be enjoyed.

 

NOW, THEREFORE, the undersigned do hereby certify and declare that all or any portion of the above described property shall, upon conveyance thereof by the undersigned, be owned, held and enjoyed by the respective grantees thereof, their heirs and assignees, subject to the following restrictions.

 

2.0 RESIDENTIAL AREA COVENANTS

 

2.1 Lots:

 

No Lot shall be used except for residential purposes. The Declarants envision that residential use of lots will include farming, animal husbandry and gardening, all being “country pursuits” that make living in country rich and fulfilling. No building shall be erected, altered, placed or permitted to remain upon any of the Lots in said Subdivision other than one attached single family dwelling with attached or detached garage for personal use only, and no more than one apartment rental space following Fremont County guidelines for square footage and cannot be a stand-alone building, and other outbuildings appropriate for this country development and as approved by the Architectural Committee.

2.2 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 have been approved by the Architectural Committee as to the quality of workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and finish grade elevation. The topography or grade on any Lot shall not be altered so drainage water will or could run on any other Lot.

 

            2.3 Dwelling size:

 

1. Each dwelling shall have a minimum of 2400 square feet of finished living area.  

2. Each dwelling shall have a minimum of a 2 car garage, attached or detached.  

(c) Traditional stick built homes only of new construction. No manufactured or move in homes will be permitted.

 

            2.4 Building Location:

 

            All building locations shall comply with the Fremont County Development Code.

 

            2.5 Lot Area and Width:

 

No Lot shall be subdivided in any manner whatsoever other than as per the duly recorded plat thereof, nor shall more than one family dwelling be placed on any building site or Lot and no more than one rental space and following the Fremont County building code for square feet and must be approved by Fremont County Building

 

            2.6 Easements:

 

Several easements exist on the development property. Additionally, the owner of each lot shall, without further cost, allow any such right of way and/or easement from time to time as may be necessary for maintenance of any power, telephone line, gas lines, water lines, sewer lines, irrigation ditches, irrigation pipes, irrigation ponds, and drainage facilities reasonably necessary for the benefit of any other portion of said premises, provided that such rights of way and easements shall be exercised without doing any more damage than reasonably necessary to the Lot involved.

 

Utilities. Electric lines have been installed along the platted roads. Connections to the underground utility lines shall be completed at the Owner’s expense and shall be underground.

 

Road maintenance and snow removal will be completed and controlled by the owners of the lots. This will be agreed upon and managed by the individual home owners or the hired HOA management company. The street will be a private road and for use for the owners of the Lots and maintained by the Property Owners Association (POA). Any fees associated for the maintenance and snow removal will be shared and agreed upon by the Lot owners and managed by the POA board. The Developer (Declarant) is not responsible for shared road maintenance cost or water right cost or power bill for the pump unless developer decides to irrigate remaining unsold lots, at which time developer will participate in the cost sharing for the irrigation.

 

 

            2.7 Nuisances:

 

No noxious or offensive activity shall be carried on upon any portion of said property, which may be or may become an annoyance or nuisance to the neighborhood. This includes any activity or practice prohibited by law, ordinance, or regulation lawfully imposed by any governmental authority.

 

Property owners are responsible for control and removal and/or abatement of all “noxious or offensive” property and activities from their lots. Such property shall include, but is not limited to, the open storage of trucks, automobiles, boats, trailers, campers, machinery, and other form of bulk storage not normally associated with the residential use of the property, unshielded exterior lighting which interferes with other residences; enjoyment of the nighttime environment, and consistent lengthy use of ATV’s, motorcycles or snowmobiles on a lot or other consistent and lengthy use of machinery of any kind.

 

            2.8 Ancillary Structures:

 

(a)  Temporary Structures.  The erection or placement of tents, campers, and trailers, for use and occupancy on a lot shall be allowed for a temporary period not to exceed three (3) weeks in duration per month, as long as they are occupied by said property owners and guests. Longer periods of occupancy thereof will be allowed during the permitted course of construction of a residence on the same lot.

 

(b)  Outbuildings.  No shops or outbuildings larger than 3,600 square feet can be built or no more than 6,000 square feet total of outbuildings can be built. Any exception must be approved in advance by the Association.

 

(c) Outbuilding. No more than one storage / shipping container can be placed on the property for purposes of storage. No box trailers are allowed on the lots for the purposes of permanent storage. The objective is that Shops or outbuildings are built with similar design as the houses and complement the subdivision. Metal buildings are approved.

 

            2.9 Signs:

 

No signs of any kind shall be displayed in the public view on any Lot except one professional sign of not more than 4 square feet, or one sign of not more than 4 square feet advertising the property for sale or rent, or signs used by the builder to advertise the property during the construction and sale thereof.

 

            2.10 Pets, Livestock, Fowl and Poultry:

 

Each Family residing in a house on a lot shall be allowed no more than 5 total household pets, and all household pets shall be kept in an enclosure or under control at all times.

 

All pets shall be maintained in such a way that they shall not become offensively odorous or noisy to any owner of the subdivision.

 

Subject to the regulations contained in this Section 2.10, grazing and other farm animals are allowed on a lot having a single-family residence.

 

(a) There is approximately 1.5 acres of pasture available on each lot so farm animals need to fit appropriately. The purpose isn’t to take away from country living or having farm animals but to provide appropriate conditions for the farm animals without disturbing the neighbors.

 

(b)  No more than 4 adult Horses (mules) or 4 adult Cows, or 4 adult llamas on any one lot. (Can be a combination of any mix but no more than 4 adult large livestock.) Once babies are no longer nursing they are considered an adult.

 

                        (c)  No adult (breeding) pigs are allowed on a lot.

 

                        (d)  No more than five (5) 4-H or FFA pigs in a lot.

 

                        (e) No more than six (6) sheep or goats on a lot.

 

                        (f) No more than 15 chickens, pheasants, or turkeys are allowed per lot.

 

                        (g) Other farm animals are restricted in a similar fashion per acre of pasture.

 

                        (h)  4-H and FFA animal raising is encouraged.

 

(I) Under no circumstances shall any animal be bred and/or maintained on the property for any commercial purpose.

 

(j) Homeowners shall not feed, nor permit or authorize the feeding of wildlife other than songbirds. Homeowners shall not harass, nor permit or authorize the harassment of wildlife.

 

                        (k)  Each pasture area where livestock or animals’ dwell must be fenced appropriately.

 

The above regulations are to prevent a ‘chicken farm’ or ‘pig farm’ (or similar mass production of animals) from happening that would disturb a neighbor’s property and to ensure the habitat for the livestock is sufficient for the pasture available. The goal is that families can raise livestock or family use chickens or enjoy horses and participate in 4-H or FFA.

 

            2.11 Farming and Gardening:

 

                        (a)  Farming and gardening are allowed.

 

            2.12 Occupations, Professions and Rentals:

 

No dwelling shall be used for commercial purposes except home occupations, as currently allowed by the Fremont County Development Code. With home occupations, no more than three employees are allowed to consistently come to the property for regular work-related tasks or duties. Any rental apartment cannot be a standalone building and must be part of a garage or shop and the living space needs to be in compliance with Fremont County Building Code. There shall be no signs displayed, maintained or used other than previously described or other conspicuous additions to residences used to attract attention to said occupation or profession.

  

            2.13 Sewage Systems, Garbage and Refuse Disposal:

 

No individual sewage disposal system shall be permitted on any Lot unless such system is located, constructed and equipped in accordance with the standards and requirements of the State of Idaho, Department of Environmental Quality and Department of Health and Welfare. Approval of such systems shall be obtained from the health authority having jurisdiction.  Said sewage disposal system will be constructed in conformity with the current standard and regulations from the Idaho Department of Environmental Quality and Department of Health and Welfare, or as they may be revised. Individual septic tanks shall be pumped at least once every five years regardless of use. Without abridging the above requirements, the following information is offered -Test holes have been dug and approved by District 7 health and are recorded on the Plat.

 

            2.14 Construction and Maintenance:

 

(a) All buildings shall be constructed of materials generally suitable for construction of dwellings of good quality and shall be kept painted, stained or otherwise finished so as the present and pleasing and well cared for appearance.  All outbuildings shall be constructed and maintained in a style and manner that harmonizes with the appearances of the dwelling. All exterior surfaces visible from the street or any adjacent Lot must be finished from at least a foot above grade level.

 

(b) The Architectural Committee must approve all exterior dwelling materials and colors including roofing. No bright or offensive colors shall be allowed.

 

(c) Each dwelling shall have a finished concrete, asphalt or compacted gravel driveway extending from the home or garage doors to meet the access easement.  Each driveway must be large enough for two (2) off street parking spaces. There is no parking on the paved easement street, except in the instance of temporary gatherings. All parking must be contained on each Lot outside of the designated easements and setbacks.

  

(d) All other building codes, setbacks, and rules are determined and administrated by Fremont County. All Improvements, buildings, structures shall comply with Fremont County Building Codes.

 

(e) Any construction of any buildings or structures or appurtenances thereto shall be finished or completed, at least on the exterior thereof within one (1) year of the beginning of said building, structure, or appurtenance, unless an extension of time is given by the Architectural Committee.

​

(f) In the case of living quarters in shop or garage being built prior to the primary residence, the owner would have 5 years after completion of the shophouse to start the build of the primary residence.

​

 

            2.18 Vegetation and Landscaping:

 

(a) A minimum of 1/2 acre of each lot in proximity to the residence must be landscaped with lawn and attractive plants and vegetation. A minimum of six (6) trees will be planted within six (6) months from the completion of the construction of the personal dwelling . Front lawn must be Kentucky blue grass or comparable type grass and either hydro-seeded or sod laid in front yard. Landscape installation shall be completed within a 12 month period after home is complete with a certificate of occupancy.

 

           

1. Noxious weeds shall be controlled. Regular mowing and maintenance are required to keep the Lot in good condition. All Owners will be responsible for their own lot weed control.

 

1. Fencing: Lot boundary fences are optional; provided, however, that any fences to be constructed shall be treated as improvements and are subject to prior written approval of the Architectural Committee. Should the Lot Owner not adequately maintain the fences, the Architectural Committee, after proper and adequate notice to the Owner as to needed maintenance, shall take necessary action in order to protect property values. Only one fence is allowed on joint property lines unless dual fencing along property lines is allowed on approval from the Architectural Committee. Fence construction must allow for maintenance of any utility or easement.

 

            2.19 Appearance:

 

No Lot or Lots shall be neglected or permitted to fall into and unsightly state, or permitted to be overgrown with weeds, or strewn with rubbish. The Architectural Committee shall have the power and shall be authorized in its discretion and at the request of any other owners in such area, to remove or take any other action upon such premises which shall remove rubbish, garbage, overgrown weeds or such other unsightly state without responsibility or liability to the owners thereof at the expense of the owners thereof.

 

The Lot and any improvements shall be maintained in clean, safe and sightly condition. Service areas, storage piles, compost piles shall be screened from view. No lumber, grass shrub or tree clippings or plant waste, metals, bulk materials or scraps and trach shall be kept stored or allowed to accumulate on the lot. Noxious weeds much be kept under control at all times.

 

            2.20 Refuse:

 

No rubbish, trash, garbage, or other wastes shall be dumped on any lot. Lots must be kept clean and all rubbish, trash, garbage, or any debris thereon must be kept in sanitary containers. If a lot contains any garbage, wastes, or any materials that are unsightly, for any period in excess of three (3) weeks (or six (6) weeks if generated during any construction period), the POA board or hired POA management company may cause the property to be cleaned and the costs of such cleaning, removal, disposition and transportation shall be due and payable from the owner of the lot from which the same was removed to the POA board or management company, together with interest at the rate of 18% per annum until paid in full.

 

            2.21 Storage of Vehicles and other Property:

 

No more than 1 non-working motorized vehicles (cars, pickups, boats, ATV’s etc. anything that runs with a motor) can be parked on any lot in the open. If vehicles are properly licensed and properly operating there are no restrictions on the number of vehicles. No more than 1 non-working or non-licensed trailers of any kind can be kept or parked on any Lot. All other non-operating vehicles or trailers of any kind will be garaged or screened.

 

3.0 Declarants

 

For the period of five (5) years Declarants shall have the right to use any Lot owned by them and any part of the common areas reasonably necessary or appropriate, in furtherance of any activities designed to accomplish or facilitate the improvement and sale of all Lots owned by Declarants.  Declarants shall have the right to maintain one or more sales offices and model Lots.  Declarants has the right to maintain a reasonable number of promotional, advertising, or directional signage at any place or places on the property.  Declarants shall have the right from time to time to locate or relocate any of sales offices or model Lots.

 

4.0 ARCHITECTURAL COMMITTEE

 

4.1 Members of the Committee

 

(a) The Architectural Committee shall consist of three (3) members.  Declarants shall have the right and power to appoint or replace the members of the Architectural Committee until the formation date of the Property Owners Association, which shall occur when seventy percent (70%) of the Lots are sold and deeds recorded.   Upon formation of the Property Owners Association the elected officers will have the right to appoint the members of the Architectural Committee.  Members of the Architectural Committee appointed by Declarants need not be Owners.   Members of the Architectural Committee appointed by the Property Owners Association Officials must be Owners and can be officers of the Property Association.  The Architectural Committee has the right to designate a licensed architect to review plans and provide counsel and judgment to the committee.

 

(b) The Architectural Committee shall have the right and duty to promulgate reasonable standards against which to examine any request made pursuant to this declaration, in order ensure that the proposed plans conform harmoniously to the exterior design and existing material in the Property.               

 

5.0 PROPERTY OWNERS ASSOCIATION

 

5.1 Prior to Creation:

 

Prior to the creation of the Property Owners Association the Declarants shall have the right, duty and power to perform the following:

 

                        (a) To enforce and provide for the enforcement of the covenants contained herein.

                        (b) To provide for the common protection and security of the Property.

                        (c) To assess and collect from all recorded owners of the Property such monetary sums as may  be reasonably necessary to properly maintain the entrance, roads (maintenance and snow removal), and easements on the property, and for the payment of irrigation water assessments, replacements of irrigation equipment, taxes and insurance thereon. Each Lot owner agrees to participate in the cost sharing of the fees associated with the water rights and power bill for the irrigation pump. These fees will be assessed by lot. Each Lot’s Owner(s) will pay an equal share of the assessment levied on a monthly, quarterly, or yearly basis as determined by the POA board.  A schedule for irrigation will be created and maintained as approved by the POA. The summer irrigation cost for running the pump could exceed $100 per month per lot depending on use and schedules

 

 

            5.2 Creation:

 

As soon as Seventy percent (70%) of the Lots have been sold, Declarants and lot owners shall create a property owners association (herein referred to as the Association) for the purpose of maintaining the standards and enforcing the covenants and restrictions contained in this document and for such additional purposes as its membership shall, from time to time, deem necessary or proper.  The said Association shall be known by the name of Silverado Estates Property Owners Association.

 

            5.3 Procedure for creation:

 

When 70% of the Lots are sold Declarants will give all recorded lot owners written notice of the fact, and said notice will be mailed to the last known address of said owners per the tax records of Fremont County. Said notice shall contain the proposed by- laws of the Association and shall provide all said owners notice of the day and time of the first meeting of the Association.  At the first meeting, the said proposed by-laws will be proposed for approval and adopted, along with any changes approved by said owners, by a majority vote of the owners in attendance at said meeting.  The initial officers of the Association shall be elected at the first meeting and be the new Association Board.

 

            5.4 Membership:

                                                                                                                                                         All Owners of Lots within the property shall, by acceptance of their deeds, become members of the Association once it is created by the Owners.  Said membership shall subject all owners to the rules and regulations of the Association.  Each recorded lot owner shall have one (1) vote per lot owned by the owner. Each lot owner shall be deemed to covenant and agree to pay to the Association any annual or special assessments.  The said annual or special assessments, together with interest thereon and cost of collection, shall be a continuing lien on the property affected and shall also be a personal obligation of the owner of the lot on the date when the assessment is due.

 

5.5 Property Owners Association Board:

 

The Property Owners Association will elect three (3) Board members annually by a majority vote of the members. The Board will prepare the budget, collect assessments and act as the Architectural Committee.

 

            5.5 Architectural Committee:

 

Upon formation of the Association Board, the elected officers of the Association shall appoint the members of the Architectural Committee.  The officers of the Association Board can also serve as a member of the Architectural Committee. The Architectural Committee shall, in its sole discretion, from time to time, adopt such reasonable rules and procedures as it shall deem prudent to protect the value of the Property. No building or other improvements shall be constructed on the Property, nor shall any alterations be made thereto until the plans, including setbacks and such other information as the Architectural Committee may require, shall have been submitted to and approved in writing by the Architectural Committee. Exterior materials and color samples on pieces of all exterior materials to be used, shall be submitted to the Architectural committee for approval.

 

            5.6 Declarants’ Responsibility assumed by Association:

 

Subsequent to the adoption of the said by-laws and election of said officers, the Declarants shall have no further responsibility or liability for the maintenance of the property's common areas or the payment of taxes of insurance thereon.  Such responsibility and liability shall then belong solely to the Association. Declarants are still responsible for property taxes on lots that are not sold.

 

            5.7 Powers of Association:

 

The Association Board shall have, in addition to those powers and authority contained elsewhere in this document and as contained in the said by-laws (said by laws may more specifically define and power enumerated herein), and not by way of limitation of restriction, the following powers and authority:

 

                        (a) To enforce and provide for the enforcement of the covenants contained herein.

 

(b)To reasonably maintain all easements within the property, to pay water assessments thereon.

 

                        (c) To provide for the common protection and security of the Property.

 

(d) To assess and collect from all recorded owners of the Property such monetary sums as may be reasonably necessary for the payment of water assessments and power bills associated to irrigation pump usage     

 

1. To cut off or restrict services, to file liens against lots served by the Association’s roadways or other infrastructure  and to bring any legal action necessary to collect unpaid and past due assessments.

 

1. The maintenance of the easement roads and snow removal will be decided and agreed upon by the lot owners.

 

            5.8 Enforcement:

 

These covenants and restrictions shall operate as covenants running with the land for the benefit of any and all persons who now may own, or who may hereafter own, property in the Silverado Estates development and the Owners Association formed hereunder, and such persons and association are specifically given the right to enforce these restrictions through any proceedings, at law or in equity, against any person or persons violating or threatening to violate such covenants and restrictions, and to recover any damages suffered by them from any violation thereof together with their attorneys fees and costs.

 

1. Each Owner is obligated to pay the assessments in a timely manner. Regular assessments and special assessments not paid within thirty (30) days of the date billed will be subject to a Fifty Dollar ($50) late fee for each month the fees are not paid. The assessment lien provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. Lot Owners shall be responsible for any costs incurred by the POA in the course of collecting regular quarterly and special assessments and the recording and resolution of assessment liens.

2. The Board shall meet from time to time to administer and enforce these Covenants and shall call and conduct an annual meeting of the Property Owners Association. The Board shall adopt such rules for the conduct of business as are appropriate.

3. POA Reserve Account. The POA may accumulate reserves in its assessments account to exceed its yearly operating budget if and only if such reserves are necessary to fund capital projects such as road repair and improvement and irrigation equipment repair or replacement.

4. The Board shall hold a simple majority vote of the members to impose special assessments to meet emergency or unusual conditions. Special assessments will be split equally between all lots and are payable within thirty (30) days of imposition.

5. The Board will prepare an annual budget to present at the POA annual meeting for discussion and approval. Reserves for future capital expenditures shall be called out in the budget by project and such funds segregated from the yearly operating funds. A simple majority vote will approve this budget.

6. Amendments. The POA Board can amend these Covenants by vote if 75% of the POA members approve. Until the duties of the Board are turned over to a Member Board, this Declaration may be amended solely by the Declarants and operators of Aspen Grove Enterprises LLC.

7. Non-Compliance Fees: Any owner of a Lot that is found in violation of these Covenants shall be fined at seventy-five ($75) dollars per month per violation until the property is brought into compliance and the issues and resolved.

8. HOA (POA) Management Companies: The declarants or the member board may select to use an outside management company to maintain and regulate these covenants along with assessing and collecting fees. The HOA management company can select and hire the snow removal company or any other required work and would coordinate these efforts with the member board or Declarants for approval.

 

6.0 Irrigation Water Rights and Culinary Water

 

            6.1 Irrigation Water Rights

 

There are water rights appurtenant to the above described land. These rights consist of 269.707410 Class C Shares and 200.239690 Class D Shares of capital stock in the South East Idaho Canal Company, as well as 115-acre feet of Storage Water. The water rights on the above described property shall be held by the Property Owners Association and all assessments against said water rights shall be paid by the Association for the benefit of the lot owners. Such water shall be made available by the Association for the lot owners to use. If needed, a schedule for usage of the water will be created and administered by the Association. Irrigation of lots must be by surface sprinkler system. No flood irrigation is allowed

 

Water is accessed from the ditch but must be distributed by a sprinkler system. Main line pipe with a raiser is provided to each lot. From there, hoses, sprinkler pipe, end guns sprinklers or K-line style sprinklers for any pasture can be used.

 

            6.2 Culinary Water

 

Culinary water shall be supplied by individually owned wells and water systems on individual lots.

 

7.0 Miscellaneous

 

7.1 Non-Liability of Officials

 

To the fullest extent permitted by law, the Declarants, Property Association and Architectural Committee shall not be liable to any Owner or other person or entity for any damage, loss or prejudice suffered or claimed on account of any decision, approval or disapproval of plan or specifications, course of action, act, omission, error, negligence or the like made in good faith with which persons reasonability believed to be the scope of their duties.  

 

7.2 Each area designated on the Silverado Estates plat as a “Private Road” is hereby dedicated to the common needs and use of all the appurtenant residential lot owners, which use shall be governed by the Association. No structures shall be allowed on any of the easements or private roads.