REPLACEMENT, RESTATEMENT, AND AMENDMENT TO FIRST AMENDED
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR RIVER ROCK,
GALLATIN COUNTY, MONTANA,
Recorded:
August 4, 1999, in Film 201, Page 2283
Records of Gallatin County, Montana
Amended:
September 14, 1999, in Film 202, Page 4506
July 6, 2000, in Document #2015882
May 22, 2002 in Document #2069900
Records of Gallatin County, Montana
For the purpose of replacing, restating and consolidating the original AFirst Amended Declaration of Covenants, Conditions and Restrictions@ dated August 4, 1999 and the related amendments of record, and to further amend.
RECITALS
WHEREAS, on the 20th day of September, 1978, at Film 46, Page 373, the Protective Covenants of Royal Village, First Phase, were recorded in the office of the County Clerk and Recorders office; and
WHEREAS, on the 4th day of August, 1999, at Film 201, Page 2283, records of the Gallatin County Clerk and Recorder, the First Amended Declarations of Covenants, Conditions, and Restrictions for River Rock Subdivision were placed of record; and
WHEREAS, on the 14th day of September, 1999, at Film 202, Page 4506, and on the 6th day of July, 2000, as Document No. 2015882, and on the 22nd day of May, 2002, as Document No. 2069900, Amendments to the First Amended Declaration of Covenants, Conditions and Restrictions for River Rock Subdivision were placed of record; and
WHEREAS, the River Rock Property Owners Association conducted a mail ballot vote whereby the following sections were amended according to the provisions of Article XI, Section 5:
Article IV, Section 3 - Maximum Annual Assessment
Article VII, Section 2 - Easements
Article VIII.A., Section 14 - Antennas and Satellite Dishes
Article VIII.B., Section 14 - Antennas and Satellite Dishes
Article VIII..E., Section 15 - Antennas and Satellite Dishes
Article VIII.F., Section 16 - Antennas and Satellite Dishes
Article X, Section 6.b - Fireworks
Article X, Section 5 - Recreational Equipment
Article X, Section 8 - Street Parking
WHEREAS, the undersigned with the full authority and power to modify and amend the covenants, conditions and restrictions above-referenced does hereby declare as follows:
1. That the recitals as set forth above are hereby incorporated herein by reference.
2. That the covenants, conditions and restrictions above-referenced are hereby revised, replaced and amended with the recording of this document.
Table of Contents
River Rock
First Amended Declaration of Covenants, Conditions & Restrictions
Gallatin County, Montana
Introduction..... 3
Declaration and County Required Covenants..... 5
I. Definitions 6
II. Membership and Voting Rights 7
III. Property Owners Association... 8
IV. Covenant for Maintenance Assessment... 9
V. Sidewalks 10
VI. Maintenance 10
VII. Utilities 11
VIII. Architectural Controls 11
A. River Rock West - Residential Lots 11
B. River Rock West Apartments 14
C. River Rock West Storage Facilities/Garages 16
D. River Rock Village - Commercial 17
E. River Rock East - Residential Lots 19
F. River Rock North - Residential Lots 21
G. School/Parks/Fire District 23
H. River Rock Traditions 25
I. River Rock Villas 28
IX. General Architectural Controls...... 30
X. Use Restrictions. 31
XI. General Provisions... 34
INTRODUCTION
The original Royal Village Phase One Subdivision Plat had Covenants, Conditions and Restrictions which were recorded September 20, 1978 at film 46 Page 373 records Gallatin County Clerk & Recorder. These Royal Village Phase One Covenants are simultaneously revised and replaced with the recording of these River Rock Covenants.
It is the general intent of this document to establish the legal authority for and to list the Covenants that pertain to the various properties within the River Rock development and to establish the River Rock Property Owners Association, Board of Directors and Architectural Review Committee.
The Covenants detail how the various properties within River Rock are to be developed and maintained beyond the minimum requirements of the River Rock Zoning Ordinance. Attached for reference is the Gallatin County-River Rock Zoning Map as Exhibit I. The entire River Rock Zoning Ordinance is available through the Gallatin County Planning Office. More specifically, the Covenants define how buildings and properties within River Rock are to be designed, landscaped and maintained.
When a lot is purchased in River Rock, the owner automatically becomes a member of the River Rock Property Owners Association. The Owners Association is run by a Board of Directors. It is the Board of Directors duty to implement, administer and enforce all the Covenants including protection and maintenance of common areas, buffer easements, roads, stormwater facilities, irrigation ditch maintenance, common utility facilities and other assets common to the Property Owners Association.
The Architectural Review Committee will be the Board of Directors or property owners chosen by the President of the Board of Directors. The Architectural Review Committees duty is to, in general, approve or disapprove the building plans, site plans, and landscape plans submitted to it by the individual lot owners.
River Rock falls within the River Rock Zoning District of Gallatin County, Montana and the River Rock Zoning Ordinance and corresponding River Rock Master Plan are the governing administrative documents enforced by Gallatin County. The River Rock Covenants, Conditions and Restrictions are in addition to the basic Zoning District regulations and provisions which are administered by Gallatin County.
The River Rock Master Plan includes various land use areas that are subject to these Covenants with certain areas having specific requirements appropriate for those areas. The intent of the Covenants is to achieve compatibility between the different land use categories so that the entire community maintains an aesthetic continuity and property values are protected and that the health, safety and welfare of the populous is maintained.
Outlined below are the existing and proposed areas within the River Rock project and the uses defined for those areas:
Please see Exhibit II - River Rock Community - Areas Map
River Rock West:
# Includes:
- 252 single-family residential lots (R2) - Residential-Single-Family, Medium Density
- 40 duplex townhome residential lots (R2) - Residential-Single-Family, Medium Density
- 25 four-plex (multi-family) residential lots (100 units) R-TH-Residential- Medium Density Townhouses
- 7.6 acre apartment site (2 lots) for up to 140 residential units (APT) Apartments
- 4.5 acre storage area (2 lots) (STG) - Storage Facilities/Garages
- 40 Traditional Style Single Family Lots
# For modular and/or site constructed housing units on lots
River Rock Village:
- Central River Rock Park (PLI)-Public Lands and Institutions
- Entrance Park (PLI)-Public Lands and Institutions
- Commercial area (B-3)-Central Business (7 lots)
# For modular and/or site constructed commercial buildings on lots
River Rock East:
- Green Belt Park (PLI) Public Lands and Institutions
- 47 Single-family residential lots (R2)-Residential-Single-Family, Medium Density
- School site (500 student K-4) (PLI) Public Lands and Institutions
# For manufactured housing units on lots
River Rock North: (Residential Park)
- River Rock North Park (PLI) Public Lands and Institutions
- Green Belt Park (PLI) Public Lands and Institutions
- 215 Manufactured Home Rental Spaces (RMH) Residential Mobile Home
- Wastewater utility area (PLI) Public Lands and Institutions
- Manager=s/Administrative Center (RMH) Residential Mobile Home
# For manufactured housing units on lots
River Rock Traditions:
- 202 Traditional Single-Family Residential Lots (R-2)
- Green Belt Park (PLI) Public Lands and Institutions
# For modular and/or site constructed housing units on lots
River Rock Villas:
- 39 4-plex (multi-family) residential units
(156 units minimum) R-TH Residential-Medium Density Town homes
# For modular and/or site constructed housing units on lots
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the County of Gallatin, State of Montana, which is more particularly described as:
River Rock Subdivision including Royal Village Subdivision, Phase One (1978), located in the South 2 of Section 3, Township 1 South, Range 4 East, P.M.M., Gallatin County, Montana.
The original Royal Village Phase One Subdivision Plat had Covenants, Conditions and Restrictions which were recorded September 20, 1978 at film 46 Page 373 records Gallatin County Clerk & Recorder. These Royal Village Phase One Covenants are simultaneously revised and replaced with the recording of these River Rock Covenants.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof.