THIS DECLARATION OF
COVENATS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR
DEADWOOD HILLS ESTATES is made and entered into this 29th
day of April 2005, by Deadwood Hills Estates, L.L.C. with a
mailing address at 207 E. Missouri Avenue, Suite 2B, Pierre,
South Dakota 57501, hereinafter referred to as “Declarant”.
ARTICLE I.
INTRODUCTION:
The Declarant
is the owner of the following described property:
Plat of
Deadwood Hills Estates NO. 2 a subdivision of
Last Chance NO. 4 M.S. 1775, located in the
N1/2 of section 15, T4N, R3E, B.H.M., Lawrence County, South
Dakota (HEREINAFTER REFERRED TO AS THE “DEVELOPMENT”),
and makes the
following declaration as to limitations, restrictions and
uses of the real property. Specifically, these declarations
constitute covenants to run with the land as provided by
law. They shall be binding on all parties and all persons
claiming ownership of interest in the Development as long as
these declarations remain in effect.
ARTICLE II.
DEFINITIONS:
For the
purposes of this declaration, the following words or terms
shall be defined as follows:
-
“Covenants”
shall mean the Covenants, Conditions, Restrictions and
Reservations set forth in this Declaration.
-
“Declarant”
shall mean Deadwood Hills Estates, LLC, a South Dakota
Limited Liability Company, with its principal office at
207 E. Missouri Ave. Pierre, SD 57501, it successors and
assigns.
-
“Development”
means all of the real property legally described above
and any subdivision or re-plat of any portion thereof.
-
“Lots”: Lot
shall mean and refer to any tract or parcel of land
designated as a lot shown upon any recorded plat or
subdivision map of the property.
-
“Owner” shall
refer to the record owners of each Lot, whether one or
more persons or entities, of the fee simple title of any
of the property within the Development. In the case of
a contract sale, the contract purchaser shall be deemed
for purposes of this declaration to be the owner. The
term shall not include those having such interest solely
as security for the performance of an obligation. The
rights of the owner may be exercised by any other party
or entity if such party or entity has the express
written consent of the owner.
NOW
THEREFORE, the undersigned Declarant declares the following
covenants and restriction as to the property described
above:
ARTICLE III.
RESTRICTIVE COVENANTS:
1.
Animals:
No more than a total of three (3) of any combination of dogs
and cats for household enjoyment and not for commercial
purposes shall be allowed.
2.
Antenna and
Satellite Dishes:
Television and radio antennae and satellite dishes are to be
located as inconspicuously as possible. They shall be
located at the side or rear of the home. No satellite
dishes larger than 24” in diameter shall be allowed.
3.
Building
Setbacks: The minimum
building setbacks for all structures on any Lot shall be
according to the ordinances and requirements of Lawrence
County or as otherwise set forth in the plat of Deadwood
Hills Estates.
4.
Dwelling:
No dwelling shall be constructed, erected, or maintained
without a minimum of the following finished square footage
(excluding garages and porches). Each dwelling must have at
least one (1) but not exceeding two (2) garages either
attached or detached of not less than 350 square feet:
|
Ranch
Style home |
1,200 sq. ft.
|
|
Split
Foyer |
1,000 sq. ft. |
|
One and One-half story home
|
|
|
main floor: |
1,000 sq. ft. |
|
|
second floor: |
600 sq. ft. |
|
Two Story home
|
|
|
main floor: |
1,000 sq. ft. |
|
|
second floor: |
600 sq. ft. |
|
Tri-level or More
|
avg per floor: |
1,000 sq. ft. |
All plans for construction must be
submitted for written approval to the Declarant or its
representative.
All buildings shall be of new
materials, new construction, and set on a permanent
foundation. No houses shall be moved onto any Lot from any
other location. Home constructed of prefabricated wall and
roll sections are allowed. Mobile, single, modular or
doublewide home are not permitted.
5.
Exterior Colors:
The color combination of exterior materials must be subtle
and tasteful to blend with the environment. Earthen tones
are required. Extreme contrasts in color of paints, stains,
and masonry are discouraged. Roofing materials must be of
darker tones.
6.
Fences:
The construction of any type of fence must have written
approval of the Declarant or its representative.
7.
Firearms:
No firearms shall be discharged within the Development.
8.
Garbage and
trash: No garbage or
trash shall be maintained on any Lot so as to be visible
from another Lot or the roadway. All garbage and trash will
be placed in tight garbage cans of the type normal use in
the locality and shall be disposed of at least every seven
(7) days. No refuse pile, garbage or unsightly objects are
allowed on any Lot.
9.
Fireplaces
(outdoors) and Fires:
No outdoor fires, incinerators, open fire pits, or related
structures or devices shall be operated except as permitted
by applicable State or Federal Laws.
10.
Gardens:
All gardens shall be set back at least thirty (30) feet from
any Lot line.
11.
Landscaping:
All landscaping must be completed within six (6) months
after substantial completion of the dwelling. The extent of
landscaping shall be determined by the Lot owner. Ground
disturbed by construction shall be returned to a natural
condition of landscape within six (6) months.
12.
Tree
Thinning/Logging: Tree
thinning will be completed to establish a firebreak at the
sixty-six (66) foot road right-of-ways and as a method of
reducing fuels and keep fire from crowning by spreading out
the tree canopy. All fuel on the ground will be removed in
conjunction with the thinning of the trees. All purchasers
of Lots will receive a copy of the Wildfire Safety
Guidelines booklet.
13.
Maintenance:
Lot owners shall continue to maintain their lots to keep
fuels down and the tree canopy open. Firebreaks will be
maintained on the sixty-six (66) foot access road
right-of-ways and around structures built on the lots. Lot
owners shall maintain all public right-of-ways including
access to emergency routes. Lot owners shall maintain an
area of defensible space by thinning continuous trees and
brush cover to meet county specification on all sides of
structures.
14.
Water Storage:
Each lot owner will be responsible for installing and
maintaining on the lot, a storage tank of at least 1,000
gallons of water.
15.
Lot Size:
No lot shall be subdivided into parcels consisting of less
than five (5) acres. Two or more adjacent lots may be
combined into one lot and conveyed as one lot.
16.
Lot Restrictions:
No more than one (1) single-family dwelling may be
constructed on any lot or combination thereof.
17.
Mining:
No portion of the Development shall be used to explore for
or remove oil or minerals of any kind.
18.
Nuisances:
No owner shall permit anything to be done or kept on or
within his or her lot, or on or about the Development, which
will obstruct or interfere with the rights of other Owners,
occupants, or other authorized persons to use and enjoy the
Development. Use and enjoyment include freedom from
unreasonable noise and barking dogs. No owner may permit
any nuisance nor commit or allow any illegal act to occur on
their lot.
19.
Outdoor Storage:
No outdoor storage of any material, firewood containers,
automotive accessories, equipment or other items shall be
kept or stored between the homes and the roadway(s) fronting
the property.
20.
Residential Use:
Each lot shall be used only for single-family residential
purposes. No Lot may be used for business or commercial
purposes in which the public is invited to the
property except for rental of the property to third parties.
21.
Safe Condition:
Without limiting any other provisions in this article, each
owner shall maintain his or her lot in a safe, sound,
sanitary manner and in good repair at all times. Owners
shall correct any condition and refrain from any activity,
which might interfere with other owner’s rights.
22.
Sewage Disposal
Systems: Only sewage
disposal systems designed and approved by a licensed
engineer shall be permitted in the development.
23.
Signs:
No signs, billboards, or other advertising devices shall be
used on any lot except for identification of a residence,
road name, speed, direction or sale. Signs may be directive
or informative and shall not be removed upon the day of the
sale.
24.
Temporary
Structures: No
trailer, basement, tent, shack, garage, barn, or other
outbuilding shall be built on any lot for use as a
residence, either temporarily or permanent.
25.
Vehicles:
No more than one properly licensed motor vehicle, trailer,
or other type of motorized or non-motorized vehicle, not in
normal daily use may be kept on any lot. Equipment of this
type shall not be kept between the home and roadway(s)
fronting the property. No campers or recreational vehicle
shall be maintained on a lot as a residence for more than
thirty (30) consecutive days.
26.
Violation of Law:
No owner shall permit anything to be done or kept on his or
her lot, which would be in violation of any local, state, or
federal law.
27.
Weed Control:
The owner of any lot shall be responsible for the control of
weeds and noxious plants on their property. Such weed
control and weed control products shall be in accordance
with appropriate State and Federal laws.
28.
Fire Protection
Plan: The owner of any
lot shall comply with the County Fire Protection Plan on
file with the Lawrence County Planning and Zoning Office.
29.
Building
Materials:
(a)
Lot owners shall construct roofs and overhanging eve
soffits with non-combustible materials, i.e., no wood
shingles. Fire resistant draperies, non-flammable shutters
and other ignition-resistant construction should be used.
(b)
Lot owners shall follow Building Code recommendations
to construct exterior walls of buildings of structures with
ignition resistant materials with a minimum one (1) hour
fire-resistive construction on, or constructed with,
approved noncombustible materials. The exception is heavy
timber or log wall construction.
(c)
Gutters and downspouts shall be constructed of
noncombustible materials.
(d)
Exterior doors shall be approved noncombustible
construction solid core wood not less that 1-¾ inches thick,
or have a fire-protection rating of not less than 20
minutes. Vehicle access doors shall be the exception.
(e)
Exterior windows, window walls and glazed doors,
windows within exterior doors, and skylights shall be
tempered glass or multi-layered glazed panels, glass block
or have fire-protection rating of not less than 20 minutes.
(f)
Buildings or structures shall have all under floor
areas enclosed to the ground. Unenclosed accessory
structures attached to buildings with habitable spaces and
projections, such as decks, shall be a minimum of one (1)
hour fire resistive construction, heavy timber construction
or constructed with approved noncombustible materials.
ARTICLE IV.
GENERAL:
Section 1:
Association
Membership.
Each person who purchases a Lot or enters into a contract
for deed to purchase a Lot as described above shall
automatically become and thereafter continue to be, while
they continue to own a Lot, a member of the Deadwood Hills
Estates Homeowners Association, Inc. and shall be bound by
all rules and regulations as may be promulgated and approved
by said Association including but not limited to the By-Laws
of the Association.
Section 2:
Administration.
Covenants shall be administered by the Board. The Board is
empowered and has the right to implement, provide, perform,
and to enforce any or all of the following within the
Development:
a.
All of the provisions in this Declaration of
Restrictive Covenants, the Articles of Incorporation, and
the By-Laws of Deadwood Hills Estates Homeowners
Association, Inc.
b.
Reasonable rules and regulations, which Owners, their
families, guests, and visitors shall comply with.
c.
Maintenance of all roads and drainage areas in the
Development.
d.
Penalties for violations of rules, regulations, and
failure to pay assessments.
e.
Contract with third parties for necessary services.
f.
Determine the amount, payment period, payment
schedule, and levy assessments pursuant to these
covenants.
Section 3:
Duration and
Amendments: The
covenants and restrictions of this Declaration shall run
with and bind the land, and shall inure to the benefit of
and be enforceable by he Declarant, its legal
representatives, successors and assigns Owner(s) and
adjoining property owners. During the twenty (20) year
period following the filing of these Covenants with the
Lawrence County Register of Deed’s Office, these Covenants
may not be amended except upon the consent of two-thirds of
the then Owners and the Declarant. Thereafter, this
Declaration may be amended at any time, except where
permanent easements or other permanent rights of interests
are created, or rights or interests are created in third
persons, by an instrument signed by owners of a majority of
the real estate described within the Development (one vote
per owner) and placed on record where this Declaration is
recorded. No such amendment shall be effective unless
written notice of the proposed amendment is sent to every
Owner and Declarant at least thirty (30) days prior to
action being taken on the proposed amendment. No change of
circumstances or conditions shall amend any of the
provisions of this Declaration, which may be amended only in
the manner described. None of the provisions of this
Declaration shall be construed as a condition subsequent or
as creating a possibility of reverter.
Section 4:
Incorporation by
Reference on Resale:
If any Owner sells or transfers property within the
Development, any deed affecting the transfer shall contain a
provision incorporating these covenants, conditions, and
restriction. Failure to do so shall not be deemed to
defeat, alter or terminate any of these covenants,
conditions, and restrictions.
Section 5:
Notice:
Any notice required to be sent to any Owner of a property
within the Development, Declarant, or any mortgage, shall be
deemed to have been given when mailed by first class mail.
Section 6:
Enforcement:
a.
If any person violates any of the provisions of this
document it shall be lawful for the Declarant, the Deadwood
Hills Estates Homeowners Association or any Lot Owner in the
Development to initiate proceedings to enforce the
provisions of this document, to restrain the person
violating them and recover damages, actual and punitive.
b.
These covenants and restrictions may be enforced by
the Declarant, the Association, or any Lot Owner.
Enforcement of these covenants and restrictions shall be by
legal proceedings against any person violating any covenant
or restriction either to restrain or enjoin violation or to
recover damages. Enforcement may also be against the
property of any Lot Owner to enforce any lien created by
these covenants. The failure of the Association to enforce
any covenant or restriction shall in no event be deemed a
waiver or work as an estoppel of the right to do so on the
part of any Lot Owner or Declarant.
c.
If an assessment is not paid within 30 days after the
due date, the Association may bring action against the
Owner. The Association may also foreclose a lien against
the Lot in the amount provided by law. In either event, the
Association shall recover from the owner or out of the
proceeds of a foreclosure, accrued interest of collection,
including but not limited to, reasonable attorney’s fees.
No Owner may waive or otherwise escape liability for
assessments provided for in the Declaration by non-use or
abandonment of his Lot.
d.
In a voluntary conveyance of a Lot, the grantee of
the Lot shall be jointly and severally liable with the
grantor for all unpaid assessments against the Lot.
e.
Invalidation of any of the covenants by court order
shall not affect any of the remaining covenants, which shall
remain in effect.
Section 7:
Invalidity and
Severability: All
of these covenants, conditions, and restrictions are deemed
severable. In the event any one of more of these covenants,
conditions, and restrictions are declared invalid, all
remaining covenants, conditions, and restrictions shall
remain in effect.
Section 8:
Binding Effect
and Compliance:
Each Owner, the Owner’s heirs and assigns or any person
acquiring any rights or privileges therefrom shall be fully
bound by and shall comply with the provisions of this
Declaration and any amendment adopted to these Covenants.
Failure to comply with these provisions shall be grounds for
action for injunctive relief.
Section 9:
These covenants
are in addition to the Articles and By-Laws of the Deadwood
Hills Estates Homeowner’s Association.
ARTICLE V.
COVENANTS FOR ASSESSMENT:
Section 1:
Determination by
Board. It is the
duty of the Board of Directors of the Association to
determine the amount of the general assessment for each Lot
subject of assessment. General assessments are due and
payable on dates specified by the Board. The Board shall
make reasonable efforts to determine the amount of the
general assessment and to give written notice of the
assessment for each Lot to the Owner with the due dates of
annual or periodic installments to be paid. The Board shall
maintain a roster of the Lots and general assessments due
and shall make the roster available for the inspection of a
Member upon request. Assessments may be collected on a
monthly, quarterly, semi-annual, or annual basis at the
discretion of the Board.
Section 2:
Owner
Responsibility. Each Owner, whether or not it is expressed in any deed or document of
conveyance, agrees to pay the Association general
assessments or charges levied on a monthly, quarterly, or
annual basis, and special assessment or charges to be fixed,
established, and collected from time to time as hereinafter
provided. The general assessments, together with interest
thereon at the statutory judgment rate, from and after the
date the same becomes due and payable, together with costs
of collection, shall be a charge on each Lot subject to
assessment and shall be a continuing lien against the Lot
upon which such assessment is made. Each assessment,
together with interest thereon and costs of collection, in
addition to becoming a lien against each Lot, shall also be
a joint and several personal obligation of the person, group
of persons, or entity who was the Owner of such Lot at the
time when the assessment became due and payable or who
acquired ownership thereafter.
Section 3:
Purpose.
General or special assessments shall be used to promote the
welfare and safety, and to protect the investment of the
Owners and residents of the Development. Assessments shall
be used for, but not be limited to maintenance and repair of
roads, snow removal, septic system oversight of pumping and
inspections, enforcement of the covenants, and any other
expense included in the By-Laws and approved by the Board of
Directors.
Section 4:
Breach of
Payment. Any
general or special assessment not paid on the date due shall
be deemed delinquent, shall accrue interest at the statutory
rate of interest for judgments in South Dakota, and it, with
the cost of collection, shall become a continuing lien on
the Lot. The assessment shall be binding upon the Lot
Owner, his heirs, devisees, personal representatives, and
assigns. The obligation of an Owner to pay an assessment
shall remain his or her personal, joint, and several
obligation.
