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Revised Addition Dated September 02, 2011
This Document Supersedes previous Restrictive Covenants
Joy Haven Subdivision and Joy Haven 2nd Subdivision
Restrictive Covenants
This covenant, made this 2 day of September 2011 by Kenneth G. and Monica S. Kubischta, 2709 Hwy 22 North. Dickinson, North Dakota
Lot 1-3, Block 1, Joy Haven Subdivision, Lots 1 thru 15, Block 1 and Lots 1 thru 4, Block 2, Joy Haven 2nd Subdivision, NE 1/4, Section 23, Township 141 North, Range 96 West, 5th. P.M. Dunn County, North Dakota.
WHEREAS, the above named persons are the equitable and legal title holders of the above described premises in Dunn County, North Dakota; and the aforesaid individuals desire to have certain limitations and restrictions on the use of the aforesaid premises to insure proper use of said area, and to provide for the common good and obtain the most beneficial use of the aforesaid premises.
NOW, THEREFORE, the aforementioned individuals do hereto covenant and agree, that they, their heirs, executors, administrators and assigns, and successors, are firmly bound and that the following restrictive covenants and limitations shall continue as herein set forth on the aforementioned premises, to-wit:
1. Purpose of Restrictive Covenants. The purpose of these restrictive covenants is to assist in insuring the use of the subdivision for Commercial and residential purpose only, to prevent nuisances, to prevent the impairment of the usefulness of the subdivision, and to maintain the desired tone of the subdivision, and thereby to secure to each lot owner the full benefit of their property, with no greater restrictions on the free and undisturbed use of their lot than is necessary to insure the same advantages to the other lot owners. Lots that receive a Special Use Permit from the County of Dunn must abide by what the County states.
2. Subdivision of Lots, Lots may not be subdivided.
3. Lots/Dwellings, All lots except Lot 1, Block 2 Joy Haven 2nd subdivision will be sold as commercial lots.
4. Land Use. Use of each lot shall comply with applicable county building use, zoning ordinances and the covenants condition and restrictions contained herein.
5. Domestic Animals and Livestock. Household pets, if allowed to roam outside must be spayed or neutered prior to being allowed to roam or have to be leashed, kenneled or fenced. Bred animals must be owned by the owner provided they are kept, bred or maintained for any commercial purposes.
6. Stables and Corrals. Stables and corrals shall not be less than 50 feet from any commercial unit on the lots and not less than 100 feet from any commercial unit on any adjoined lot and not less than 100 feet from front property line. Areas shall be kept clean and odor free, with all manure removed on a regular basis.
7. Commercial Business. Commercial business maybe conducted and signs put up. Signs must be a safe distance from traffic and conform with Dunn county outlines.
8. Oil Activity/Mining. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind will be permitted upon or in any lots, nor shall oil wells tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot.
9. Approaches. No more than two access approaches will be allowed into each lot and approach culverts, steel, 18" minimum, must be sized to provide unrestricted flow of surface water at the expense of the buyer. Any improvements or maintenance to the main roads after the date of filing these restrictions, shall be the expense of the lot owners on a prorate share per lot.
10. Trees and Grass. Trees planted must not obstruct traffic sight, distance at the approaches. Grass must be mowed at least twice per year.
11. Hazardous Gas or Chemicals. Hazardous gas or chemicals will not be allowed in Joy Haven Subdivision and/or 2. Bulk gas and diesel is allowed and must be on skids with containment. Propane can be used for heating and cooking use only.
12. Fencing. All lots except Joy Haven 2nd, Lot 1 fences are to be a minimum of six (6) feet in height on all sides of the property. There may be exceptions based on the Board's decision.
13. Buildings. Buildings shall not be constructed within 100 feet of the front (street side) property line or less than 5 percent of the lot width from the sides and rear of lot lines as per Dunn County requirements.
14. Temporary Structures. No campers, travel trailers, mobile homes, manufactured homes, basement, garage or other temporary type facility shall at anytime be used as a residence provided such occupancy does not involve the creation of refuge on said premises or of unusual noises or odors, or otherwise constitute a nuisance, provided further, that not more than one trailer shall be permitted on any lot at any one time, during construction only.
15. Above Ground Lines. Above ground telephone, electrical or other service lines shall not be allowed.
16. Buildings and Improvements. All buildings and improvements erected on any lot shall be constructed of new material and stick built on site, except with approval of committee a wood structure modular unit which is built inside a controlled environment. However, new storage sheds may be moved in. No used building may be moved in or used material may be used in any structure on the premises without prior approval of committee. All building construction is to meet or exceed all regulated and required codes set forth by the Dunn County. All buildings to have a concrete foundation.
17. Covenants. These covenants are to run with the land and are binding on all parties and all persons claiming under them until November 2025 at which time said covenants shall be automatically extended for successive period of ten years, unless by a vote of the majority of the lot owners it is agreed to change said covenants in whole or in part. Any such written consent shall be duly acknowledged and filed for record in the office of the recorders in and for the county of Dunn and State of North Dakota before it shall become effective.
18. Noxious/Offensive Trade. No noxious or offensive trade shall be conducted upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
19. Garbage. No lot shall be used or maintained as a dump ground for rubbish, trash, garbage or other waste shall be kept in sanitary containers. No burning of trash, rubbish, or garbage or other waste will be allowed. All other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No lot shall have thereon an accumulation of junk, junk automobiles or parts or abandoned vehicles. No lot shall be used for dismantling, cutting up, removing parts, or otherwise dismantling junk automobiles, abandoned vehicles, appliances or machinery. No owner of any lot shall permit thereon the growth of any noxious weeds, or other deleterious or unhealthful growths, upon failure, neglect or refusal of any owner to remove said nuisance, the owner thereof shall be charged and required to pay the fees and costs incurred in obtaining the order to have said nuisances removed as well as the cost of removal of said nuisances.
20. Construction of Unit/Temporary Unit. Once the construction of the commercial unit has commenced either by forming of the foundations therefore or in another manner, the same unit must be completed within a 12 month period. In the event that a temporary unit has been placed upon said property for a temporary construction office site during the period of construction the same shall be removed immediately upon construction being completed.
21. Buildings/Septic Systems. No buildings shall be constructed on the premises unless a permit shall have first been obtained from the county having control over the erection of building. All plans for septic systems must be approved by Southwest District Health Unit or other regulatory agency prior to construction of commercial building or septic system and also be inspected and approved during installation. The septic tank must meet specifications of the current ND State plumbing code and County regulations.
22. Easements. Within the easements for installation and maintenance of utilities and drainage facilities no structure, planting or other materials 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 drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements. The easements of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
23. Noxious or Offensive Odors. Noxious or offensive odors caused by wood/coal burning stoves, composting, pet waste or any other sources shall be abated and or discontinued should such a complaint be made to the Southwestern District Health Unit or other regulatory authority.
24. Nuisance Activities. The unusual, unnecessary, prolonged, or indiscriminate creation of noise, dust, fumes, odors or any other offensive activity is prohibited.
25. Housing of Employees/Contract Help. Units must be on concrete foundation and abide by all state and local ordinances. Dunn County of North Dakota must/need be approve special use.
26. General Provisions. All building plans, fences, and placement of, must be approved by Joy Haven Subdivision, (Kenneth G. Kubischta and Monica S. Kubischta) building committee, which shall initially consist of until 50% of the lots are sold. Once 50% of the lots are sold, two additional committee members may be appointed to the committee by the existing all committee members.
27. Violations. If any person, his assigns, heirs, personal representatives or successors, shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful of any other person or persons owning any other lots in said described area to prosecute any proceedings that law or equity may provide against the person or persons violating or attempting to violate any such covenant and restriction and either to prevent him or them from so doing or to recover damages or other appropriate relief.
28. In the event that any condition or restrictions herein contained shall be declared void or unenforceable, such restriction or condition is hereby declared to be severable and the same shall not affect the invalidity of any other remaining condition or restriction.
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