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Home My WebLink About20040106Letter.pdfIIR~tc.J -c;3-~j'oLf l3o JOHN F.MAGNUSON ATTORNEY AT lAW TELEPHONE 208-667-0100 RECEIVE D FiLED ZfiB1t JAtl-5 -rill ,AM 5:48 ';\i(j PUbLIC UTILlT\tS COJ:\r1\SSION Box2350 1250 NORTHWOOD CENTER. COURT SUITE A , COI;UR D ALENE IDAHO 83816 December 31 , 2003 FACSIMILE andFIRST.CLASS MAIL RoberlE. Smith, Senior Auditor, . Idaho Public utilities Commission O. Box 83720 ' Boise, ill 83720-0074 Elkhon) Ranch Estates.Water System This letter follows your call'of December 29. Enclosed you will find a copy of the Declaration of Protective Covenants" fot Elkhom RanchEstates recorded JUne 14 2000. The Covenants, at Section 2., retain within the developer(Roimd Mountain, 4LC) the rightto convey the water system to a non-profit homeowner s association. All lots were encumbered with this , restriction and purchased subjecttothe same. If you need anything else, please let me know. '--- 1638~16 STAn Of lLJMiU ) ~OUNTY cr KOOTENAI) 55~lTUr. !1fCUU;r e'JF .. KCIl4\a.q tYl6uI1 ~UH I~ ~ 36 PH ' ELKHORN RANCH ESTATES KOOTENAI COUNTYt IDAHO DECLARATION OF PROTECTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS: DEPUTYfEES That the undersigned, Round Mountain LLC, an Idaho Limited Liability Company, isthe owner of the following described real property legally described on the atlached Exhibit " situated in the County of KOOTENAI, State ofldaho, which has been platted as Elkboro RanchEstates, a subdivision, recorded in Book of Plats, pag records of the County Recorder, KOOTENAI County, Idaho on the I Lt t\')day of 2000, as Instrument Number J1p::)6 GO \, and that Round Mountain LLC does hereby make the following declaration as to the limitation, restrictions, and uses, to which the described propertymay be subject to and which shaH constitute the protective or restrictive covenants concerning the described property attached as Exhibit " No lot owner shall subdivide any lot in this subdivision. Prior to the construction of any dwelling upon any lot, plans and specification and a site plan describing the improvements to be built on any lot must be presented to the Architectural Control Committee and must be approved in writing by said committee. The Architectural Control Committee consists of the following members: Robert A. Bonucce1li P,O. Box 141449, Spokane, Washington 99214 Charles R. Potts, Jr,4815 West Village Blvd., Rathdrum,ldaho 83858 The members of tillS conunittee may be changed from time to time. COMMITTEE APPROVAL: Each lot owner or purchaser is required to submit to the Architectural Control Committee the building plans, color scheme, site plan and other plans and specifications as may be pertinent to any building, outbuilding or structure to be built. Construction shall conform to the approved plans. CARE AND APPEARANCE OF LOTS: Each lot owner or purchaser is expected to maintain his home, lot and the landscaping in a reasonably attractive manner so as to permit the entire subdivision to be attractive to a1llot8 in the surrounding area. While satellite dishes are allowed, they must be located in rear yards and concealed from view as much as possible. Page 1 of 5 I - 1638516 ""-n-_H . STRUCTURES: In general, homes constructed js this subdivision are to be single family residences. Each home must have at least a two (2) car attaehedgarage. Shops, detached garages, and outbuildings are allowed, provided theexteriors of all building shall match the exterior of the residence, unless otherwise approved by the Architectural Control ConuniUee. The intent is to keep all homes as compatible as possible with their natural surroundings and with each other The orientation and location of the residences, detached garages and aUoutbuildings on the lots must be submitted to the Architectural Control Committee and must be approved in writing, prior to commencement of construction. MINIMUM SQUARE FOOTAGE AND SETBACKS: The minimum square footage of living area for any single family residence is as follows: Single Family One Story Residence........................ 1.1 00 sq. ft.Two Story. No Basement Residence..................... 1 750 sq. ft.Multi-Level Daylight Basement Residence..............OOO sq. ft. Unless approved in writing by the Architectural Control Committee , each lot shallhave a minimum setback of not less than SO (eet from the front property line and aminimwn setback of not less than 30 feet from any side street. Construction shall confonn to the latest requirements of the Unifonn Building Code approved by KOOTENAI County Building Codes Department and KOOTENAI County Zoning Regulations. LIVESTOCK AND PETS: Owners may keep horses and cattle for their own use, but not more than a combined total of one (I) per acre. Additionally, ordinary household pets may be kept, provided that they are not kept, bred or maintainedfor commercial purposes. Extra animals for 4.H projects must be approved inwriting by the Architectural Control Committee. FENCES: Fencing livestock must be of such nature as to keep the livestock within the confines of the owner s property.- A minimwn of Four (4) strand wire fencewith posts being 8 maximum of 12 feet apart with adequate bracing on all comers. A single electric wire is not considered suitable. No fence shaH be higher that sixfeet in height. All fencing along the lot frontage must be either pole, rail, or adecorative style approved by the Architectural Control Committee. EXTERIOR LIGHTING: All exterior lighting must be of such intensity, focus, and placement as not to disturb surrounding property owners. Page 2 of 5 lG38~1G SIONAGE: All signs shall be approved in wrhing by the Architectural ControlCommittee. The maximum size of signs shall be four (4) square feet. ROOFING: Roofing material shall be a minimum of25 year laminated architectural grade composition shingle, unless a variance is approved by the Architectural Control Committee. The minimum roof pitch on all structures mustbe 6/12, unless a variance is approved by the Architectural Control. Committee. EASEMENTS: The recorded plat provides for drainage, utilities, telephone,water, electricity, sewer, natural gas, telecommunication, and cable T.easements. It is the intent of said easement to provide for the installation andmaintenance of said above uses. TEMPORAR Y F ACILlTlES: No tents, trailers, mobile homes, and otherstructures of temporary nature for human habitation shall be allowed on the above platted lots without the unanimous approval in writing of the Architectural Control Committee, which shall restrict any pennissiblc uses of this nature to emergence situation only and duration of not more that six (6) months. No logging trucks, tractors, trailers, boats or vehicles of similar nature will be allowedto be parked on the streets or in the front yards of these for more that seven (7) days. WATER; Domestic water will be furnished by ilie Round Mountain LLC with a monthly assessment for the proportionate costs of maintenance and operation of the system as established by rules and regulations adopted by Round Mountain LLC. Water connection will be available within the boundaries of this Plat at the utility areas reserved for said purposes. Each tract owner agrees to pay an applicable meter installation fee at the time of connection and future usage charges, which will be payable on a metered monthly basis at rates to be regulated by the P.C. of the State ofldaho, where applicable. Round Mountain LLCreserves the right to fW11ish water to properties outside the boundaries of this plat with excess capacity. Round Mountain LLC reserves the right to sell , merge ortransfer (at its option) the water system it will install, to 8 homeownerassociation or to a legally organized water district, or to a private individual or corporation, who would agree to operate said water system within the guidelines and regulations of the State ofldaho Public Utility Commission, where applicable.If the water system is sold or dedicated to a nonprofit homeowner s associationthen each lot owner shall be required to be a member of said association and membership shall be available to alllot owners in Elkhom Ranch Estates or any future additions. Round Mountain LLC reserves the right to contract for a second source WATER USAGE: Water will be delivered on a metered basis. The amount of Page 3 of 5 16385'16 Dated this l1Jis Declaration of Protective Covenants for Elkhom Ranch Estates will run with the land and shall be binding on all parties and all persons claiming under them for a period oftwenly years from the date of recording, after which time said covenants shall be automatically extended for successive periods often (10) years unless an instrument signed by seventy-five (75)% or more of the owners of the lots in the subdivision has been recorded agreeing to delete or amend these covenants. This Declaration of Protective Covenants for Elkhorn Ranch Estates may be amended, altered and or deleted in whole or in part if agreed to in writing by seventy-five (75) % or more ofthe lot owners. No amendmentor deletion shaH apply to the water system servicing this subdivision without the written approval ofllie water system owner. No amendment or deletion shall apply to the drainage easements, swale easements and/ordrainage structure easements without the written approval of Lakes I Jighway District. Invalidation of any of these Protective Covenants of Elkhom Ranch Estates by judgement or court order, or should anyone of the protectivecovenants be in direct conflict with KOOTENAI County ordinances, shallnol affect or invalidate any of the other Protective Covenants of Elkhom Ranch Estates, which shall remain in full force and effect. The water source and system provided by Round Mountain LLC shall be exclusive to these lots and no other system shall be allowed, except as outlined in paragraph e , under the heading Water. / 3 -j-/.. day of V~A/~, 2000. By liPCharles R. Potts, Jr., managing member Round ~ountaiD LLC Page 5 of 5 1638516 Attached to Declaration of Protective Covenants STATE OF IDAHO COUNTY OF KOOTENAI )ss. On this 13TH day of June, in the year of 2000, before me Rhonda Bomar, personallyappeared Charles R. Potts, Jr. and Robert A. Bonuccelli, known or identified to me (or proved to me on the oath of ). to be the manager or a member of the limited liabilitycompany that executed the instrument or the person who executed the instrument on behaJf of said limited liability company and acknowledged to me that such limited iabilit~ company executed the same. - /. ..;':', ' \\01\ lf~Not~~ Public of Idaho :' o(:J... :.-- Residing at: CDA ' / (( " () T 4 . . Commission Expires: 7/11/2000 ( -:. .or..; ':"..t. . ;. ~ lJ"J\~ ~" ,() .;; i:- OF \ot-'\ . ~.. . -.--. 1638516 Inland Northwest Consultants ENGINEERS - SURVEYORS - PLANNERS Exhibit A ... THE SOUTHWEST QUARTER OF SECTION 3 TOGETHER WITH THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 52 NORTH, RANGE 4 ' WEST, BOISE MERIDIAN KOOTENAI COUNTY IDAHO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TJ-IE SOUTHEAST CORNER OF SAID SECTION 3; THENCE SOUTH 890 ) 8' DO" WEST. A DISTANCE OF 5) 07.09 FEET TO THESOUTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 250 41' 50" EAST, A DISTANCE OF 2902.84 FEET TO A POINT ON THEWEST LINE OF THE EAST HALF OF TilE NORTHWEST QUARTER OF SECTION 10 SAID POINT ALSO BEING 30 FEET NORTHERLY OF THE EAST WEST CENTERLINE OF SAID SECTION 10 AND THE TRUE POINT OF nEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING NORTHERLY ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10 NORTH 00 23' 36" EAST, A DISTANCE OF 2631.35 FEET TO A POINT ON THE SOUTHLINE OF SECTION 3 BEING THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10; THENCE WESTERL Y ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF . SECTION 3 SOUTH 890 18' 09" WEST, A DISTANCE OF 1276.88 FEET TO THE SOUTHWESTCORNER OF SECTION 3; THENCE NORTHERLY ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 3 . ' NORTH 00 28' 02" EAST, A DISTANCE OF 2647.90 FEET TO THE WEST QUARTER CORNER FOR SECTION 3; - THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, NORTH 890 13' 37" EAST, A DISTANCE OF 2599.33 FEET TO THE CENTER OF SECTION THENCE SOUTHERLY ALONG THE EAST LINE OF TI IE SOUTHWEST QUARTER OF SECTION 3 SOUTH 10 271 DO" WEST, A DISTANCE OF 2652.64 FEET TO THE SOUTH QUARTER . CORNER FOR SECTION 620 Pol;l Slrccl, PO~1 F:IIII;, Idaho 83854 (2()8) 773-8370 . Fax (208) 777-2128 ., . .::. . :::':", , t, . . . Coo . . '....., 1638546 :J' , ", - . ' , " ... ".- ' . - '. ' ., . Inland Northwest Consultants ~ ' ENGINEERS - SURVEYORS PLANNERS , THENCE SOUTHERLY ALONG THE EAST LINE OF THE EAST HALF OF THB " NORTH,WESTQUARTEROFSECTION 10, SOUTH 00 17' 37" WEST. A DISTANCE OF 1334.92 FEET TO THE NORTHWEST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10 MARKED BY A 5/8" REBAR WITH PLASTIC CAP STAMPED "GEM STATE PLS 6602" THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF SAID WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10 THE FOLLOWING TWO COURSES; (1) NORTH 890 31' 43" EAST. A DISTANCE OF 319.23 FEET TO A 5/8" REBAR WITH PLASTIC CAP STAMPED "GEM STATE PLS 6602"; THENCE (2) SOUTH 00 17' 40" WEST, A DISTANCE OF ) 306.09 FEET TO A POINT BEING A 5/8" REBAR WITH PLASTIC CAP 8T AMPED "GEM STATE PLS 6602" SAID POINT BEINGON THE NORTHERLY RIGHT-OF-WAY FOR SCARCELLO ROAD AND MEASURING 30 FEET NORTH OF THE EAST WEST CENTERLINE OF SECTION 10; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY SOUTI-I 890 42' 50" WEST, A DISTANCE OF 319.52 FEET TO ITS INTERSECTION WITH, THE EAST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10 MARKED BY A 5/8" REBAR WITH PLASTIC CAP STAMPED "GEM STATE PLS 6602" THENCE SOUTH 00 18'28" WEST, A DISTANCE OF 5.01 FEET TO A POINT 25 FEETNORTHERLY OF SAID EAST WEST CENTERLINE OF SECTION 10; . THENCE WESTERLY ALONG A LINE PARALLEL WITH THE CENTER OF SECTIONLI~ , ~OUTH 890 41' 33" WEST . A DISTANCE OF 1281.01 FEET TO A POINT ON THE WEST - LINE OF THE EAST HALF OF THE NORTHWEST QUARTER; THENCE NORTH 00 23' 36" EAST, A DISTANCE OF 5.00 FEET TO THE POINT OFBEGINNING; SAID DESCRIBED TRACT CONTAINING 243.79 ACRES (10 619,321SQUARE FEET), MORE OR LESS.