Covenants11
August 10, 1988
Public Works Department
City of Kalispell
City Hall
Kalispell, Montana 59901
Re: River View Greens Phase 1
Gentlemen,
Enclosed please find a copy of Covenants for the subject
subdivision and note in Article 3 "Sewage Disposal"that
the waiver of Annexation and waiver of protest to
Special IMPrOVMent Districts has been included and
extended to each lot owner as required by the North
Village Sewer District connection agreement with the
City of Kalispell.
Sincerely,
�ameq J T 6
Buff
o Chip I'lrt ership
#1 S viset Plaza
Kalispell; Montana 59901
-7
DECLARATION OF CQVE4-A-UT-S. AND RESTRICTIONS
0F
a
This declaration is this 5 th. day of July,1988, by the undersigned, Butialo Chip Partnership, all of
Kalispell, Montana, Herein after refered to as "Declarant"
WITNESSETH:
WHEREAS, Buffalo Chip Partnership are owners of the tract of real property to be known as (TIER VIEW
GREENS subdivision, a plat or map whereof will be on file and of record in the office of the County Clerk
and Recorder, Flathead county, Montana, and
WHEREAS, the Declarant is desirous of subjecting said real property to the covenant s,conditions and
restrictions herein -after set forth, each of which is and are for the benefit of said properly and for each
owner thereof, and shall inure to the benefit of and pass with said properly, and each and every parcel
there of , and shall apply to and bind the successors in interest and any owner thereof;
NOW, THEREFORE, Declarant hereby declares that tine real property described in Article 1 is and shall be
held, transferred sold and conveyed subject to the covenants, conditions and restrictions herein after set
forth:
ARTICLE 1
PROPERTY: The real property which is and shall be held, transferred, sold and conveyed subject to the
covenants, conditions, and restrictions hereinafter set forth is more particularly described as follows:
DEFINITIONS:
RIVER VIEW GREENS Phase 1 subdivision, according to the plat of neap thereof on file
and of record in the office of the County Clerk and Recorder, F latheaU County, tVtonlana:
"ASSOCIATION" shall mean the River View Greens Homeowners As: iciation, Inc. its
successors and assigns.
"OWNER" shall mean the record owner of a fee simple title to any lot which is a part of the
properties and shall include contract buyers.
"PROPERTY" shall mean the real property described in Article 1.
"COMMON AREA" shall mean all real property maintained by the Association for the
common use and enjoyment of others, including but not limited to parks, conservation
area, roadways, , and other areas.
"LOT" shall mean a.iy plot of land sl r)wn upon tarry recorded subdivision plat or map of
the properly with tha t,xception of the, Common Area.
GARBAGE. No lot shall be used or maintained as a dumping ground for rubbiz,h. Trash, garbl-ige or other
waste shall be kupt in covered, ri a;,(i :if.)ly airtight cor;lainur�;. Such containci;, must b,., kuht in a garagu
or other enclosed area.
FENCES. Owners of lots which have; a property line common with the Buffalo Hills Golf Course will be
responsible to maintain a secure boundry for the golf course. This will consist of a fence between
residencesor from the residence :o tine golf course fence constructed of green vinyl ce,,,ated chain link
ffencina to a hei�,jril of six (6) feel,other types of fences may be approved by the Architectural Control
Committee, individual gates will be allowed for the owners access on his property. Other fencing along
the golf course if desired will be limited to a split rail or similar fence to a maximum height of four(4) feet .
No fencingof any kind will be permitted on the street side of any lot from the front of the residence to the
street property line.
LANDSCAPING. No hedge, shrubs or other plantings,or any fence shall be permitted which
unreasonably obstructs the view of a: i owner or rnotor vehicle drivers. All driveways shall be paved with
portland cement within one year of . Driveways will be large enough to accomodate a minimum
of two vehicles. Landscaping shall be completed within one year of occupancy.
TELEVISION, RADIO ANTENNAS AND SATELLITE DISHES. No exterior television antennas or satellite
dishes will be allowed. No exterior r<'.dio antennas will rye allowed on the prernises, except that each
premise will be allowed to install one exterior whip-typ.,, antenna not exceeding 9 feet in height. In any
event, no mast or guy wire, or other t.;p�jrating material or structure shall be permitted, except base
fastening mount.
WATER SUPPLY. No individual water supply system or systems shall be permitted on any building site.
All water service rnust be furnished by public water connectiol;is. Individual lot owners are responsible to
pay any connection charges.
SEWAGE DISPOSAL. No individual sewage disposal system shall be permitted. All sewage dispoal shall
be by connection to the North Village County Sewer District sewage disposal system. Individual lot
owners are responsible to pay all connection and monthly service charges to the sewer district. Individual
lot owners are also responsible to pay the annual district tax assesment. North Village County Sewer
District has by creation of the district waived all rights to protest annexation to the City of Kalispell for the
entire subdivision and waived right to protest the creation of Special Improvement Districts after
annexation for the sewerage improvements, water system, roads, walkways and sewer strom drains and
street lighting, this is a covenant on the land and extends to each individual lot owner.
COMMON AREA. The common areas shall be controlled and maintained by the Association, provided
that all or any part of said areas may be dedicated or transferred to any public authority.
SIGNS. Except for the Declarant or its agent, no signs shall be placed on any lot except name plates and
one unlighted sign not exceeding three (3) square feet in surface area advertising the sale or lease of the
lot or improvement thereon. News paper tubes (free standing at the curb) will not be allowed.
NUISANCES. No noxious or offensive activity shall be carried on or permitted upon any lot, nor shall
anything be done thereon which is or may become an annoyance or nuisance to the neighborhood. By
way of illustration and not of limitation, the discharge of fire arms and driving of motor cycles or
snowmobiles on the common areas shall be a nuisance within the meaning thereof.
BURNINC<. Open fires are not permitted on the property except for the normal burning of seasonal yard
and garden clean up with proper permit if required from local authorities. Outdoor barbeques are not an
open fire within the meaning hereof.
ARTICLE 2
PURPOSE. The property is subject to the covenants condition and restrictions here t.ry declared to
insure the best use and most appropriate dovefopmunt and irnprovernent of each building site thoicof: to
protect the owners of building sites and to appreciate the value of their properly; to preserve so far as is
practicable the natural beauty of said property; to guard against the erection threron of structures built of
improper or unsuitable material; to ij isuru the highest and best doveloptrtunt of said property; to
encourage; and secure thei erection 1A irtir.,ctivu honios thruroon; to adequately provide for a high quality
of improvements of said property arcs thereby enhance the values of improvements made by purchasers
of building situ:: theruui.
ARTICLE 3
LAND USE AND BUILDING TYPE. No business, trade, industrial or commercial enterprise of any kind shall
be conducted thereon. No lot shall be subdivided in any manner except the the owner of one lot (nay
aquire, own, develop, retell and for all purposes treat as one lot an individu,il lot toguthor with ono halt of a
contiguous lot. The rern,rining one halt cannot be developed as a half and must therelon;, be cornb,ned
with the contiguous whole lot on the opposite side with the result that two larger lots nlay be created from
three smaller lots.
DWELLING SITE. No uwulling shall be permitted on any lot, the ground floor area of which is less than
1400 square feat of livinif area fcr a single story dwelling. Multiple story dwellings may not have less
than1600 square leet of total living area. No dwelling shall have less than a two car enclosed garage nor
larger than a if crtr enclosed gar..ige. For the purpose of this paragraph, the basement, porch, steps
and garage shall not be considered part of the living area.
DWELLING CONSTRUCTION. All dwellings shall be constructed on the lot and shall be permanent in
nature. Only new materials may be used, except for used brick, beams, and the like if an intergal part of
the architecture of the building. All construction shall first be reviewed and approved pursuant to the
provisions of Article 6 as set forth below.
BUILDING LOCATION. No building s rall be located of any lot nearer than twenty five (25) feet to the front
property line, twenty (20) feet to the rear property lire, or nearer than ten (10) feet to any side lot line.
Buildings on corner lots shall maintain a twenty five (25) foot set back from both streets. Written exception
to this requirement may be granted by the Architectural Control Committee.
BUILDING EXCAVATION FOUND, 1 IONS. All excavated material created during budding construction
shall be used on the lot to establish 1:roper site drainage and terrain for landscaping. The maximum
exposed foundation above grade st.ait be eiUmeen (18) inclies. All footings and foundations will be of
poured concrete or concrete block construction.
TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, barn or other such building
erected or placed on any lot shall at any time be used as a residence, either temporarily or permanently.
VEHICLES. Mobile homes, motor homes, trailers, large trucks, unlicensed or unsightly vehicles shall not
be parked or allowed to remain along roadways or on the property. Motor homes, trailers, pickups carrying
campers, pickup campers not in use, boats and boat trailers shall be placed in a garage or other location
where they are screened from view of both the residences and the golf course.
ANIMALS. No animals of any land shall be raised, bred or kept on any lot, excepting that dogs, cats and
other domestic animals may be kept and raised but not for commercial purposes. Permitted animals must
be confined to the lot of their owner and not permitted to run at large.
ARTICLE 4
AGRICULTURAL COVENANTS AND RESTRICTIONS.
t. Lot owners are advised that agricultural activities are conducted in the immediate vicinity which may
produce odors, noise, dust, and involve the utilization of herbicides and pesticides, wh:ch can have; an
effect on this property. Adjacent farms will not be liable for odors, noise, herbicide and pesticide sprays
that are necessary in good agricultural operations, providing such sprays are applied in conformance with
approved standards by licensed applicators. Adjacent farms will not be liable for adver :e ground water
conditions caused by agricultural practices, including normal irrigation.
2. Any authorized representative of any governmental agency shall have the right at any reasonable time
io inspect the grounds and gardens of any lots of disease -harboring plants, shrubs, or trees, and if
found, to require disposal of same by the owner.
3. Each lot owner shall control or eliminate to the extent reasonably possible any noxious weeds as
desiginated by state and federal law that may be growing upon their property.
ARTICLE 5
ASSOCIATION. The Association to be formed by Declarant shall have as members the owner of each lot.
Membership shall be appurtenant to and shall not be separated from ownership of any lot. Members shall
participate in the manner prescribed by the Articles and By -Laws of the Association, and resolutions of tire
Association's Board of Directors. The Association's purpose is to control, maintain, and improve the
common area and provide services and facilities to the owners as it may determine.
PROPERTY RIGHTS. Every owner shall have a right and easement of enjoyment in arid to tl IL. common
area, which shall be appurtenant to and shall pass along with title to every lot subject to the following:
t. The right of the Association to charge reasonable admission and other fees for the use, calu,
maintenance, and improvement of the common area and the furnishing of providing oiner services to the
property.
2. The right of the Association to suspend the use or enjoyment of the common area or facilities and
services provided directly or indirectly by it for any period during which any fee or assesment against an
owner's lot remains unpaid, or for the continued violation of the Articles and By -Laws of the Association or
the resolutions of the Association's Board of Directors.
3. The right of the Association to dedicate or transfer all or part of the common area to any public agency,
authority or utility for such purpose and subject to such conditions as may be agreed to.
4. Any owner may delegate his right of enjoyment to the common area to menyrbers of his family, or
contract purchasers who reside on tna owner's lot.
ARTICLE f_
ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control Committee shall consist of the
Declarant until such time as seventy-five (75) percent of the lots have been sold, at which time the duties
and responsibilities of said Committee shall be assigned automatically to the Association. However, the
Declarant may assign the duties and responsibililties of said Committee to the Association in writing any
time prior thereto.
ARCHITECTURAL CONTROL. No building, fence, wall, or other structure shall be cornmencud, erected
or maintained upon the property, nor shall any addition toor change or alteration therein be made until
plans and sp,,�cilicaai,, ws ,;I owing the ri, ore, kind, shut,a, height, materials and location of the same shall
have been subritted to and appro red in writing as to harmony of external design and location in relation
to surrounding structures and topcgraphy and native vegetation by the Architectural Control Committee.
In the event said Committee fails to approve or disapprove such design and location within thirty (30) days
after said plans and specifications have been submitted to it, approval will not be required, and this Article
will be deemed to have been fully complied with. Minimum plans for review will consist of Site Plan with
proposed grading, Floor Plans, Exterior Elevations identifing all finish materials.
ARTICLE 7
TERM. The covena its and restrictic r,s of this Declaration shall run with and bind the property for a term
of twenty (20) years from the date this Declaration is recorded, after which time they sha!I be automatically
extended for successive periods of teri (10) years. This Declaration may be amended at any time by an
instrument signed by not less the Seventy-five (75) percent of the lot odvners and approved by the Board
of Commissioners, FUthead County, fvtontana.
ENFORCEMENT . The Association, thj Architectural Control Committee, or any owner shall have the
right to enforce by any proceeding at law or in equity all covenants, conditions and restrictions now or
hereafter imposed by the provisions of this Declaration. Failure by the Association , Architectural Control
Committee or by any owner to enforce any covenant or restriction herein contained shall in no event be a
waiver of the right to do so thereafter.
SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order
shall in no way affect any of the remaining provisions, which shall remain in full force and effect.
ANNEXATION. Additional property may be annexed to the property upon approval of fifty (50) percent of
the individual lot owners.
IN WITNESS WHEREOF, the Declarant has executed the Declaration the day and year first written above.
B,UF� LO CHIP PARTNERSHIP
ROG[�R D. J COB ON
1 '_1
E. KITS SMITH
4T'HUR F. THOMP4- ON 1
NETHVA0' -ECHAK