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Prepared by: Gregg A. Gass Attorney at Law PO Box 357 Arlington, SD 57212 (605) 983-5891
DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND
TO WHOM IT MAY CONCERN:
Johnson Addition, LLC being the owner in fee of the following described property, to-wit:
Lots 23 thru 31 Block 2 of Lot A, Lots 4 thru 10 in Block 7 of Lot A, Lots 1, 2 and 3 in block 7 of Lot C, Lots 1 thru 6 in Block 6 of Lot C, Lots 1, 2, and 3, in Block 5 of Lot C, Lot 4 in Block 5 of Block 4 of Johnson’s Addition to the City of Arlington, Kingsbury County, South Dakota.
Hereby make the following declarations as to the limitations, restrictions and uses to which Lots presently subdivided or that may be subdivided in the future may be put, and hereby specify that the declarations hereinafter set forth shall constitute covenants to run with the above described real estate. Said restrictions and covenants shall be binding on all parties and all persons claiming under them and upon all future owners of said property, this Declaration being designed for the purpose of keeping the property uniform and suitable for architectural design and use as hereinafter specified:
1. Single family private dwellings or residence designed for the occupancy of one family and multiple family dwellings or residences designed for the occupancy of more than one family may be erected on any lot. There may be no more than one home or one multi-family structure built on an existing lot except that one home or one multi-family structure can be built on more than one lot. No structure of any kind shall be located on any lot less than ten (10’) feet from any lot line of said lot and twenty-five (25’) from any street right-of-way, and from the rear lot line. Single family private dwellings or residences designed for the occupancy of one family may not be used for commercial enterprises.
2. No structures shall be erected, construed or placed upon said lots containing less than 1100 square feet of ground floor living area, plus attached double garage. A multiple family dwelling shall have no less than 1000 square feet of living on the main ground floor plus attached single garage. A multi family dwelling need not have a basement but may utilize crawl spaces or slab construction. There shall be no detached out-buildings on said property, except pool and patio structures or garden storage buildings.
3. Any lot owner who commences building shall complete said construction within eighteen months. Ground breaking or foundation work shall be determined to be the beginning of construction.
4. An easement of ten feet is hereby dedicated from and reserved herein upon each lot and along all lot lines for utilities, their construction, erection and maintenance.
5. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or household pets may be kept, providing that they are not kept, bred or maintained for commercial purposes.
6. No existing structures shall be moved in and placed upon said premises except new homes built elsewhere. Specifically, excluded from the development are trailer type homes, whether or not the wheels are removed or whether or not the trailer type home is set upon a permanent foundation. Trailer type homes are defined to include modular type homes.
7. No lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. Household waste shall be kept in sanitary containers and said containers shall be kept out of sight except for the days of garbage pick-up. No incinerators or other devices designed for burning waste materials shall be permitted.
8. No billboards or commercial signs exceeding 2 feet by 2 feet shall be permitted on any residential lot.
9. Property owners shall maintain property consistent with Arlington City ordinances, including city zoning nuisance and maintenance ordinances.
10. Dwellings must display house numbers three (3) inches or larger that can be read from the street by emergency service personnel.
11. All dwellings having basements must be tiled and sump pumps placed in all basements.
12. Permanent clothes lines are not permitted.
13. No boat, boat trailer, camper, mobile home, motor home, stock trailer, cargo trailer, motor vehicle, recreational vehicle, truck, or other vehicle, or any part thereof shall be stored or permitted to remain on any street, abutting any residential lot; and shall not be stored or permitted to remain on any residential lot unless the same is placed in a garage, except for temporary storage for a period not to exceed fourteen (14) consecutive days in duration, with temporary occurrences not to exist more than three (3) times in any calendar year.
14. The width of any driveway at the property line can be no more than 28 feet.
15. No automotive repair may be conducted on any lot or street except within a garage.
16. No Box Elder, Cottonwood (seedless varieties accepted) Chinese Elm, American Elm, Red Cedar or Poplar trees shall be planted on any lot in the addition.
17. Any excess dirt or fill from building excavation this is removed fro the property must be deposited on a site provided by, and becomes the property of Johnson Addition LLC, unless otherwise waived in writing by Johnson Addition LLC, its, heirs or assigns.
18. The main floor of any dwelling must not be less than two feet above the top of the curb measured from the front center of the lot.
19. With reference to the above covenants, any person or persons aggrieved which have an interest in the above described lots may enforce such covenants by a proceeding at law or in equity.
20. Said covenants, conditions, restrictions and reservations shall be perpetual and shall apply to and be forever binding upon the grantor, his heirs, executors, administrators and assigns, and are imposed upon said realty as an obligation or charge against the same for the benefit of the grantors herein named their successors and assigns and as a general plan for the benefit of said tract.
21. Invalidation of any of one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
22. Amendment or modification of said covenants, conditions, restrictions and reservations shall be permitted upon the written approval of seventy-five percent of all property owners.
Dated this 6th day of November, 2006
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