Mobile Home Estates Subdivision

PROTECTIVE COVENANTS

Note: Each division of Mobile Home Estates Subdivision has protective and restrictive covenants recorded on it. The covenants reproduced here are the latest and indicate substantially what all of the various covenants include.

PART A. PREAMBLE
Whereas, it is deemed necessary and desirable for the protection of the undersigned and all future purchasers and owners of said lots that certain reasonable restrictions be placed upon the use of said lots in the addition aforesaid, by the undersigned and by all future purchasers, owners and occupants thereof, for a reasonable period of time.
Now therefore, in consideration of the premises and in further consideration of said lots, the undersigned owner, for itself, its heirs, executors, administrators and assigns, does hereby covenant and agree to and with each and all future purchasers and owners of each and all of the said lots in said Mobile Home Estates Subdivision, and their heirs, executors, administrators and assigns as follows:

PART B. AREA OF APPLICATION.
B 1. FULLY PROTECTED RESIDENTIAL AREA. The residential area covenants in Part C in their entirety shall apply to all of said lots in said Mobile Home Estates Subdivision.

PART C. RESIDENTIAL AREA COVENANTS.
C 1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling and a private garage for not more than two cars.

C 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 Control Committee as to 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 run on any other lot. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. No materials of a temporary type or construction that will not be immediately painted, except where material is not designed for painting, will be considered by the Architectural Control Committee. Approval shall be as provided in part D.

C 2a. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No oil derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

C 3. BUILDING LOCATION. (a) No building shall be located on any lot nearer than 15 feet to front lot line, or nearer than 15 feet to any side street line.
(b) No building shall be located nearer than 5 feet to an interior lot line, except that no side yard shall be required for a garage or other permitted accessory building located 30 feet or more from the minimum building setback line. No dwelling shall be located on any interior lot nearer than 10 feet to the rear lot line.
(c) For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.

C 4. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five feet of each lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of water through drainage channels in the easements. The easement area of each lot and all improvements for which a public authority or utility company is responsible.

C 5. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. This includes the burning of trash in incinerators or otherwise.

C 6. TEMPORARY STRUCTURES. No basement house, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently.

C 7. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

C 8. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose.

C 9. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All containers or other equipment for the storage of or disposal of such material shall be kept in a clean and sanitary condition.

C 10. WATER SUPPLY. No individual water supply system shall be permitted on any lot.

C 11. SEWAGE DISPOSAL. No mobile home shall be permitted on any lot that does not have bathroom facilities hooked up to the sewer disposal provided, in accordance with the State Plumbing Code. Any additional bathroom facilities placed in any other building must be hooked up to the sanitary system in accordance with the State Plumbing Code.

C 12. PROTECTIVE SCREENING. Protective screening areas are established on [all subdivision borders]. Fences shall be maintained throughout the entire length of such areas by the owner or owners of the lots at their own expense to form an effective screen for the protection of the residential area.

C 13. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

C 14. MAIL BOXES. No mail box installation shall be placed or permitted to remain in any street, gutter, curb or sidewalk which is not permanently installed by means of a metal post or column placed in the hole provided in the sidewalk and which is not installed parallel with the sidewalk.

C 15. PARKING. The off street parking area and the driveway space shall not be used for purposes other than parking an operating, usable automobile or pickup. The parking of campers, boats, trailers, and any vehicles larger than a pickup truck must be provided on the lot behind the building setback line. In no case shall a lot be used for the storage and maintenance of heavy equipment.

C 16. APPEARANCE. No lot shall be neglected or permitted to fall into an unsightly, displeasing or unattractive state, or permitted to be overgrown with weeds or strewn with rubbish. All buildings which are placed upon such lots as appurtenances to mobile homes thereon shall be maintained in good repair with a pleasing appearance. In the event any lot is vacated, the owner thereof shall remove any and all buildings or structures which do not have walls on all four sides or a permanent foundation, and are maintained in good repair and good appearance. In the event any such buildings are left upon a lot so vacated for a period of three months following the vacation of such lot by the mobile home thereon, the architectural control 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 any such buildings and to take other action upon such premises which shall remove rubbish, garbage, overgrown weeds or such building structures without responsibility or liability to the owners thereof.

PART D. ARCHITECTURAL CONTROL COMMITTEE.
D 1. MEMBERSHIP. The architectural control committee is composed of Kelly D. Howell, Idaho Falls, Idaho; Judy H. Anderson, Idaho Falls, Idaho; and Dean L. Howell, Idaho Falls, Idaho. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitles to any compensation for services performed pursuant to this covenant. At any time, the then owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties.
DECLARATION OF COVENANTS

D 2. PROCEDURE. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.

PART E. GENERAL PROVISIONS
E 1. TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty five hears from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

E 2. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.

E 3. SEVERABILITY. Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. Any past or future violation of these restrictions will not affect the validity or priority of the lien of any mortgage concerning any lot in this subdivision.