Covenants, Conditions and Restrictions7581D
Declaration _
Restrictions Qi,
THIS DECLARATION, made on the date hereinafter set forth, by
the City of Kalispell, Montana, hereinafter referred to as
Declarant:
WITNESSETH:
WHEREAS, the Declarant is the owner of the real property
situated in Flathead County, Montana, to be developed and known as
Lots 1 through 26 of Teton Terrace with the Clerk and Recorder of
jFlathead County, Montana.
i WHEREAS, the Declarant is the owner of all the lots in said
subdivision and is desirous of subject said real property to the
J conditions, covenants and restrictions hereafter set forth, each
and all of which are for the benefit of said property, each
property owner, future owners and themselves; and shall apply to
and bind the successors in interest of any owners or contract
purchaser thereof;
NOW, THEREFORE, the Declarant, having established a general
plan for the improvement and development of said property, does
hereby establish the conditions, covenants and restrictions upon
which and subject to which all the property or any portion thereof
shall be improved or sold and conveyed by them as owners and hereby
declares that said property is and shall be held, transferred, sold
and conveyed subject to the conditions, covenants, and restrictions
hereafter set forth which are to run with the land and shall be
binding upon all successors in the interest of the present and
future owners.
Article I
DEFINITIONS
Unless the context expressly provides otherwise, the following
definitions shall pertain throughout this Declaration and its
interpretation:
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1. Aggregate Voting: Means the entire number of votes or
persons present or available to vote in person or by proxy in
a particular circumstance.
2. Association: Means the Teton Terrace Homeowners Association,
its successors and assigns.
3. Board or Board of Directors: Means the Board of Directors of
the Association as more particularly defined in the Bylaws,
which shall be recorded separately.
4. Building: Means the building containing the individual
townhouses to which the lots for the townhouses are
contiguous.
5. Bylaws: Means the Bylaws and any amendments thereof
promulgated by the Association under this Declaration and
hereafter recorded.
6. Common Area: Means all real property owned by the
Association for the common use and enjoyment of the members of
the Association.
7. Common Elements: Means those areas upon which the
Association has primary responsibility for care and
maintenance or over which the Unit Owners have rights of
access or use.
8. Common Expenses: Means the expenses of administration,
maintenance, repair, or replacement of the general Common
Elements agreed upon by the Association of all Unit Owners, or
made so by this Declaration.
9. Declarant: Means the City of Kalispell, its successors and
assigns.
10. Living Unit: Means any building, or portion of a building,
situated upon the properties and designed and intended for the
use and occupancy as a residence by a single family.
11. Lot: Means any plot of land shown upon any recorded
subdivision plat of the property with the exception of the
common properties or common areas. Every lot shall be
conclusively presumed for all purposes hereunder to include
one living unit, irrespective of the actual status of the
construction thereon.
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12. Manager: Means the manager, Board of Directors, management
corporation or any other person or group of persons retained
or appointed by the Board, or by the Homeowners Association
for the purpose of conducting the day-to-day operation of the
subdivision.
13. Member: Means an owner of a Living Unit which is subject to
assessment hereunder.
14. Mortgage: Means the conveyance or assignment of any lot or
Living Unit to secure the performance of an obligation and the
instrument thereof, and may include a deed of trust, trust
indenture, mortgage, assignment, financing statement or any
other form of security instrument or agreement as now known or
hereafter devised for the purpose of creating a lien to secure
an obligation or duty.
15. Mortgagee: Means a person or entity to whom a mortgage is
made.
16. Mortgagor: Means a person or entity who mortgages his, her,
or its property to another, i.e., the maker of a mortgage.
17. Owner: Means the record owner of a fee simple title to any
Living Unit which is part of the property and shall also
include a contract buyer.
18. Properties: Means the real property which is part of Lots 1
through 26 of Teton Terrace and as on file with the Clerk and
Recorder's Office, Flathead County, Montana.
19. Townhouse: Means any Living Unit.
20. Unit: Means the individual Townhouse and the Lot appurtenant
thereto because of the filing of the re -subdivision plat for
that phase of this development.
21. Unit Designation: The number which identifies each
designated unit.
22. Unit Owner or Owner: Means the person or persons owning a
Unit in fee simple absolute, individually or as a co-owner in
any real estate tenancy relationship recognized under the laws
of the State of Montana.
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Article II
USE OF STRUCTURES
The structures shall be used for multi -family residential
purposes and the residences thereon shall be constructed on the
property and shall not be mobile homes or the like. The property
shall be used for townhouses.
Type and Style of Home: The buildings erected on the premises
shall contain townhouses with each townhouse or unit being a
minimum of 1000 square feet and each building having a minimum of
two units.
Article III
1. The structures may not be used for any purpose other than
residential. No portion of a unit (other than the entire Unit) may
be rented, and no transient tenants may be accommodated therein.
2. Parking:
a) The roads in this property are shown on the final
plat of Teton Terrace. Parking is allowed on both
sides of the streets.
b) No large commercial vehicle, trailer, camper or
recreational vehicle shall be parked in view of the
public on the premises and if parked in the
subdivision must be completely contained within a
garage. Non -owner trailers, campers or
recreational vehicles may be parked in view of the
public on the premises for a period not to exceed
fourteen (14) days.
3. Fences: No fences or walls shall be erected, placed or
altered on any lot until construction plans and specifications and
a plot plan showing the location of the structure or structures
have been approved by the Board of Directors of the Homeowners
Association. In no event shall fences exceed six (6) feet in
height. Further, no fences shall extend into front or side yards
nor more than 10 feet into the back yard as measured from the main
walls of the building. The intent is to discourage fences but
allow dividing walls between patios.
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4. Temporary Structures: No structure of a temporary character,
or camp trailer, mobile or modular home, tent, shack, garage, or
barn shall be permitted on any particular lot or within the Common
Area. No other outbuilding shall be used on any particular Lot or
within the Common Area at any time as a residence either temporary
or permanently. Excluded from this provision for temporary
structures are tents placed on lots to give an outdoor camping
effect for children. Also excluded are any items allowed in other
provisions provided the same are not used for residential purposes.
5. Garbage, Rubbish: All waste shall be removed as often
as necessary. Trash, garbage, or other waste materials shall not
be kept upon any lot except in sanitary containers approved by the
City of Kalispell. Equipment for the disposal of such material
shall be concealed except for pickup and must be removed from the
street by sundown on the day of pickup. This provision can be
changed without amendment should the City of Kalispell require a
different disposal system.
6. Yard Lights: Outside yard lights are not permitted upon
any of the properties until the type and location thereof has first
been approved by the Board of Directors of the Homeowners
Association, and the owner has received written permission
approving the same.
7. Signs: No sign of any kind shall be displayed to the
public view on any Lot except one sign of not more than four square
feet advertising the property for sale. A sign not to exceed four
square feet may be used by a builder to advertise the property
during the construction or sale.
8. Nuisance: No noxious or offensive activity or the
discharging of firearms shall be carried out or permitted upon any
of the Lots, nor shall anything be done thereon which may be or may
become an annoyance to the neighborhood. Nor shall the premises be
used in annoyance to the neighborhood. Nor shall the premises be
used in any way or for any purpose which may endanger the health or
safety of, or unreasonably disturb, the residents of any lots.
Outdoor barbecues are not considered nuisances under this section.
Motorcycles, trail bikes, snowmobiles or like vehicles shall be
considered nuisances and are prohibited.
9. Pets: Only small pets shall be allowed in each Unit.
A dog and/or cat must be kept primarily within a Unit's confines
and the owner remains liable for any and all damage caused to the
property of others or common property by the dog and/or cat.
Further the owner is responsible for the immediate cleanup of
animal waste and must not allow the dog and/or cat off their
premises unleashed.
10. Miscellaneous: There shall be no repairing or overnight
parking of vehicles in the cul-de-sac or streets at any time.
11. Utility Easements: Common utility services are provided
to building lines and at times to separate Unit lines. All
property covered hereby is subject to an easement for such utility
lines and the maintenance thereof. The right and easement to
maintain said easements rests primarily with the Homeowners
Association and inures to the benefit of the Association, which may
assess maintenance costs pursuant to this Declaration and the
Bylaws. Should any Units utility service lines, pipes, or wires
pass over, under or through another Unit, both the Homeowners
Association and the Unit whose service passes through another Unit
will bear the cost of repair or maintenance whether covenants
granted a permanent right of use, access for maintenance and repair
of said wires, lines and pipes. Should repair only beneficially
affect one Unit, that Unit will bear the cost of repair or
maintenance whether conducted by the Association or the Unit Owner.
Should repair or maintenance be of mutual benefit to more than one
Unit, the cost of the repair shall be assesses to those Units
beneficially affected.
12. Maintenance by Unit fawner: An Owner shall maintain and
keep in repair the interior of each Unit and its fixtures. All
fixtures, utility lines and equipment installed in the Unit
commencing at a point where the utilities enter the Unit shall be
maintained and kept in repair by the Owner thereof. An Owner shall
do no act nor any work which will impair the structural soundness
or integrity of the building or impair any easement. An Owner
shall keep all areas appurtenant to his Unit in a clean and
sanitary condition. The right of each Owner to repair, alter and
remodel is coupled with the obligation to replace any finishing or
other materials removed with similar types or kinds of materials.
No acts of alteration, repairing or remodeling by any Unit Owner
shall impair in any way the structural integrity of the Units of
adjoining Owners. Nothing contained in this Declaration or the
Bylaws will be construed as to make the Homeowners Association
liable or responsible for any interior repairs. These repairs are
the responsibility of the Owner subject to any warranty from
his/her builder. The maintenance of the rear yards is the
responsibility of the respective Unit Owners.
13. Exterior Alterations: No owner may change, alter or
remodel the exterior of his unit without the prior written approval
of the Board of Directors of the Homeowners Association.
14. Maintenance by Homeowners Association: The Homeowners
Association shall take all necessary steps, including, but not
limited to, exterior painting, roof repairs, concrete, exterior
brick and stone repairs, repairs to common and fire walls, sidewalk
maintenance, repair, snow removal and replacement or repair of all
broken or worn exterior parts, to insure that the buildings do not
unnecessarily deteriorate. The Homeowners Association shall
annually inspect the buildings and proceed with any necessary
exterior maintenance or repairs. The Homeowners Association is
responsible for lawn planting and maintenance of all common areas
as well as all front, side and rear yards. Any Unit Owner creating
specialized planting areas on their individual Lots will be solely
responsible for the weeding and upkeep of such areas.
15. Liens for Alterations: Labor performed and materials
furnished and incorporated into a Unit with the consent of or at
the request of the Unit Owner, his agent, his contractor or
subcontractor shall be the basis for the filing of a lien against
the Unit or the Unit Owner consenting to or requesting the same.
Each Unit Owner shall indemnify and hold harmless each of the other
owners from and against all liability arising from the claim of any
lien against the Unit or building for construction performed or for
labor, materials, services, or other products incorporated in the
Owner's Unit at such Owner's request.
16. Taxes on Common Areas: The taxes on the common areas
shall be assessed against each Unit in proportion with the number
of Units built being the denominator and one being the numerator.
Article IV
SET -BACK RESTRICTIONS
All structures erected on any premises covered herein shall be
erected so as to comply with the Plat of Teton Terrace, and any
amendments or re -subdivisions thereof.
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Article V
TETON TERRACE HOMEOWNERS ASSOCIATION: ESTABLISHMENT, POWERS AND
DUTIES
1. For the purposes of maintaining any park land, visible
yards and common space, which is under the control of the
Homeowners Association, and shared by the Owners, and for the
purpose of providing for the collection and payment of necessary
common expenses, an Association is hereby formed under the name of
Teton Terrace Homeowners Association.
2. Membership: An Owner of a Unit in Teton Terrace shall
automatically upon becoming the Owner of such Unit be a member of
the Teton Terrace Homeowners Association, hereinafter referred to
as the "Homeowners Association", and shall remain a member of such
association until such time as his ownership ceases for any reason,
at which time his membership in the Homeowners Association shall
automatically cease. The membership shall be limited to Unit
Owners as defined in this Declaration.
3. Voting: On all matters to be decided by the Homeowners
Association, unless excluded by this Declaration, each Unit Owner
shall have one vote. A majority of the Unit Owners or a majority
of Unit votes represented by the Owners of the votes present at any
meeting or by proxy shall be sufficient to act on matters brought
before the Homeowners Association. Meetings of the Home Owners
Association shall only be conducted when a quorum, as defined in
the Bylaws, is present.
Each unit shall have one (1) vote, but that vote shall be
proportionally distributed between all Owners. As used herein, the
Owners of the property shall be the person holding possession and
title (including herein a purchaser under direct contract for
deed), but shall not include a mortgagee or a contract seller.
Until 900-. of the presently proposed Units are built and sold,
Declarant shall have two (2) votes for each Unit it retained. The
presently proposed Unit numbers are twenty-six (26).
4. Function: The Homeowners Association shall have the
following functions:
(a.) To adopt bylaws for
Homeowners Association.
the governance of the
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(b.) To make provisions for the general management of
the development.
(c.) To levy assessments as provided for in this
Declaration and Bylaws. The Homeowners Association
shall have the power to collect assessments and
cause to be filed a notice of assessment at the
Office of the Clerk and Recorder all as provided in
the Bylaws. Such notice of assessment shall
constitute a lien on the property.
(d.) To adopt and implement a policy for the affairs of
the Homeowners Association.
(e.) To enter into contracts to hire personnel for the
management of the affairs of the Homeowners
Association and the maintenance and repair of the
properties under its control.
Article VI
These Covenants inure to benefit all Owners of Units which are on
Lots previously described, either in existence now or as later
divided, and may be enforced by any one of them or by the
Homeowners Association as above created. The Association so acting
may act in its own name but in doing so is acting for the Owners of
all the property except for the Owner which is seeking relief.
In any action maintained under these Covenants, the Court
shall have authority and shall award reasonable attorneys fees to
the availing party.
Article VII
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1. Exclusive Ownership. Each Owner or Owners shall be
entitled to exclusive ownership and possession of their Unit. It
is understood that the maintenance of the building exteriors and
the landscaping and maintenance of the Common Areas is vested in
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the Homeowners Association which shall by this Declaration be
granted and is granted an easement for such maintenance.
2. Removal, Partition and Subdivision. Any Unit or portion
of Teton Terrace may only be removed from these conditions,
restrictions and covenants or partitioned or sold upon compliance
with each of the following conditions:
(a.) The Homeowners Association must approve the plans
of removal, partition or sale, including the
details of how any partition or sale and the
distribution of property or funds shall be
accomplished.
(b.) No Unit may be divided or subdivided into a smaller
Unit, nor any portion thereof sold or otherwise
transferred, except as provided herein.
(c.) This section shall not apply to the sale of
individual lots and shall not be considered as a
right of first refusal.
(d.) No Unit Owner shall execute any deed, mortgage, or
other instrument conveying or mortgaging title to
his Unit without including therein the appurtenant
interest, it being the intention hereof to prevent
any severance of such combined ownership. Any such
deed, mortgage, or other instrument purporting to
affect one or more of such interest, without
including all such interest, shall be deeded and
taken to include the interest or interests so
omitted, even though the latter shall not be
expressly mentioned or described therein. No part
of the appurtenant interest of any Unit may be
sold, transferred, or otherwise disposed of, except
as part of a sale, transfer, or their disposition
of such part of the appurtenant interest of all
Units. No Unit may be partitioned or subdivided.
Article VIII
At any regular or special meeting of the Homeowners Association an
amendment of this Declaration may be proposed by a resolution by
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any Unit Owner. Upon adoption of the resolution by a majority vote
of those present, the amendment shall be made a subject for
consideration at the next succeeding meeting of the Homeowners
Association with notice thereof, together with a copy of the
amendment to be furnished to each Owner no later than thirty (30)
days in advance of such meeting. At such meeting, the amendment
shall be approved upon receiving the favorable votes of 75% of the
Unit Owners and the Kalispell City Council. If so approved, it
shall be the responsibility of the Homeowners Association to file
the amendment with the Clerk and Recorder's Office in Flathead
County, Montana. To record such amendment, the President and
Secretary of the Homeowners Association shall certify on the face
of the amendment the vote. The Homeowners Association will
maintain for four (4)years records of the Unit Owners votes. The
signature of no other party is necessary on the amendment.
DATED this 22nd day of October, 1996.
CITY OF KALISPELL
Clarence Kr pps
Its: City Manager
ATTEST:
L�� 2i 9 ad, Clin c
Debbie Giffo ` C
STATE OF MONTANA )
:SS
County of Flathead )
On this 22nd day of October 1996, before me, a Notary Public
in and for the State of Montana, personally appeared Clarence
Krepps and Debbie Gifford, known to me to be the City Manager and
Clerk of Council of the City of. Kalispell, a municipality, that
executed the within instrument, and acknowledged that such City
Manager and Clerk of Council respectively subscribed, sealed and
delivered said instrument as the free and voluntary act of said
municipality, for the uses and purposes therein set forth, and that
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municipality, for the uses and purposes therein set forth, and that
they were duly authorized to execute the same on behalf of said
municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal, the day and year first above written.
-4tea� N- 1"�2"
Notary Public, State of Montana
Residing at Kalispell, Monana
My Commission expires: cp-lg 96f
STATE OF MONTANA,
ss
County of Flathead
Recorded at the request of ` I -./ H 1 1
this day of 1" C' 0 19 at �,�,Z' ®6 o'clock --FM and recorded in
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