WHEREAS a Declaration of Restrictions pertaining to Cathedral Mountain Ranch, Second Filing, Stillwater County, Montana, was filed in the office of the County Clerk and Recorder of said County on September 25, 1972 as Document No. 205497; and
WHEREAS said restrictions may be changed by an instrument in writing signed by the developer and by the owners of record of not less than 80% of the building sites affected by the amendment,
NOW, THEREFORE, the undersigned being the developer and the owner of all of the lots in said subdivision, hereby amends the said Declaration of Restrictions to provide the following protective covenants which shall be applicable to all of the area included within Cathedral Mountain Ranch, Second Filing.
1. Rules, regulations and guidelines established by the County Commissioners of Stillwater County, Montana, and by the Stillwater City-County Planning Board, insofar as applicable, shall apply to the said Cathedral Mountain Ranch, Second Filing area, but the owner reserves unto itself and its successors, the power to establish by any appropriate means, rules and regulations, not inconsistent with those of the said County Commissioners and Planning Board or any other public agency, relating to the use and occupancy of the said area, the structures to be located therein, and any other appropriate matter relating to such area, including specifically rules and regulations establishing standards more restrictive than minimum standards established by any public agency.
2. The indication or identification on said plat of access roads and trails is not a dedication of such roads or trails to the public, and such roads or trails shall remain private roads and trails for the use only of the developer of said area and the owners of land located within said area, their guests and permittees, including, when necessary in the performance of their duties, public officials and employees and volunteers engaged in preservation and maintenance of life, health, property and the conservation of fauna and flora. Maintenance and improvement of any such road or trails shall be the responsibility solely of the owner or owners of the building sites, access to which is available over such road or trail, and the undersigned developer and initial owner shall have no responsibility with respect to any such road or trail, except that the developer shall initially, by dozer or other appropriate equipment, open an unimproved primary road or trail, passable for automobiles, leading to the vicinity of each building site, but the opening, improvement and maintenance of lateral roads or trails from such primary road or trail to a specific building site shall be the responsibility of the owner of such site.
3. In order to prevent soil erosion and other damage, the developer may require the installation by the owner of a building site of culverts of size and material approved by the developer on any road or trail used for access to such site, and if such road or trail provides access to more than one building site, the developer may require the several owners to share the cost of installation.
4. By the acquisition of title to a building site, the owner thereof shall concurrently acquire, as an appurtenance, the privilege to use, in common with the owners of other building sites in the area, all that portion of Cathedral Mountain Ranch lying outside the boundaries, as shown on said plat, of the building sites shown thereon. Title to the common use area shall remain in the developer and in the initial owner, Mikelson Land Co., until such time as tit1e~may be transferred to Cathedral Mountain Ranch Association, a nonprofit membership corporation to be formed by the developer, membership certificates in which will be issued, on a nondiscriminatory basis, in accordance with rules and regulations established by the developer for such association. Until title to the common use area is transferred to such association, and the time for such transfer shall be determined solely by the developer Mikelson Land Co., the developer may regulate and control the use of the common use area in accordance with nondiscriminatory rules prescribed by the developer. After title to the common use area has been transferred to said association, the said association shall regulate and control the use of the common use area in accordance with such rules established by it. The developer Mikelson Land Co. covenants that prior to transfer of title to the common use area to the association, it will make no transfer of title to such area to any transferee other than the association, and will permit no use of the common use area except in accordance with the provisions of these protective covenants, and excepting the easements to all lot owners for use of the septic sanitary sewer system.
5. Each building site and the common use area shall be subject to such rights-of-way and easements as the developer Mikelson Land Co. (and the said Cathedral Mountain Ranch Association after it has acquired title to the common use area) may grant for installation and maintenance of water lines, sewage disposal lines, power lines, telephone lines and other utilities. The developer Mikelson Land Co. specifically reserves the right and power to grant such easements, while title to the common use area remains in the developer and the said association shall have such right and power after transfer to it of title to the common use area. Installations for water and sewer lines and utility lines, including electric power and telephone lines, shall be underground (except for lots to which underground electric or telephone lines are not available, as may be determined by the developer) and at the expense of the building site owner.
6. Any wells or water systems shall be drilled, installed and maintained at all times in accordance with all applicable rules and regulations of any public agency and in accordance with any rules established by developer not inconsistent with such rules and regulations of the public agency or with provisions of these protective covenants.
7. The owners of two or more building sites may join together in the installation and maintenance of domestic water supply facilities for their joint use, so long as all applicable rules and regulations of any public agency with respect to said system are complied with and so long as there is compliance with the provisions of any other applicable rules established by the developer.
8. Except to the extent necessary during the period actual construction is diligently pursued, no building site shall be used as the location of any structure, temporary or permanent, until there is installed for the use of such building site a sanitary sewage disposal system, consisting of septic tank and disposal field and related facilities, or acceptable substitute facilities. Under no circumstances shall there be constructed or maintained any ~outside privy or toilet.
9. There shall be no incineration or burning of garbage, trash or other waste or debris on any building site or on the common use area. All such waste material, except that which may be cleanly and efficiently disposed of through the use of sanitary sewer systems shall be hauled for disposition to the Stillwater County garbage and trash disposal dump at Absarokee, Montana, or to such other publicly maintained and operated place of disposition as may be convenient, or shall be disposed of in such other manner as may be designated by the developer.
10. No livestock shall be maintained on any building site or on the common use area, but this shall not be construed to preclude the maintenance on a building site of one or more domestic pets, if maintained within a structure or building approved for that purpose by the developer, and on such conditions as the developer may impose.
11. Except in an emergency situation when necessary for the preservation of life or property, the discharge of firearms within the boundary of any building site or within the common use area is prohibited.
12. Snowmobiles and trail bikes shall not be used within the common use area except in accordance with rules established by the developer, and absent rules permitting such use, the use is prohibited.
13. Except to the extent permitted by the developer to enable the building of structures and improvements on a building site, there shall be no cutting of timber located on a building site.
PERMISSIBLE USES AND STRUCTURES
14. No portion of a building site or of the common use area shall be used except for a use or purpose herein specifically permitted, and no structure shall be erected or maintained on any building site or en any portion of the common use area except a structure herein specifically permitted.
15. Any structure hereafter to be erected shall be commenced within 30 days after equipment and/or materials to be used in the construction thereof are moved onto location, and all construction shall be pursued with reasonable diligence and shall be completed within not less than 365 days, unless the time for completion is extended by the developer. No uncompleted structure shall be used as a habitation. Facilities such as trailers, campers and mobile homes shall not be parked or maintained on any building site or in the common use area except with written consent of the developer, and then only subject to such conditions as the developer may specify with respect to the use and occupancy of such facilities.
16. Neither a building site nor the common use area shall be used as a location or site for the conduct of any commercial or industrial enterprise or activity. Without the written consent of developer, no building, sign, structure or other improvement including fences, shall be located on or commenced on any building site, except such as are approved in writing in advance by developer in respect of location, design, size, materials and intended use. Developer will not arbitrarily withhold approval, but instead will apply to all building sites, without discrimination, only such restrictions and restraints as developer may deem appropriate to secure harmony between the buildings, structures and improvements and the natural surroundings and terrain, and to avoid offensive or irritating or annoying sights, smells or sounds, and to avoid pollution of air, water or terrain. In general, developer will permit only a single-family dwelling unit, and structures incident thereto, including accommodation for guests. The single family dwelling unit shall contain not less than 768 square feet within the perimeter of the exterior walls. Attached garages, decks, or patios are not included.
17. These covenants and the restrictions, conditions and limitations herein contained shall run with the land and shall be binding upon the present owners and all subsequent owners of any portion of the area included within the aforesaid plat. The grantee of any portion of said property covenants and agrees by the acceptance of a conveyance, faithfully to observe and comply with the said restrictions, conditions, and limitations applicable thereto.
18. Any provision herein may be enforced by any owner of any portion of the area included within the plat, or by the developer, either by an action for damages arising out of a violation, or by an action to restrain or threatened or prospective violation or to restrain a continuing violation or in any other manner permitted by law. In any action of any kind for the enforcement of these restrictions, if the relief prayed for is granted in whole or in part, the applicant for relief shall be entitled to recover necessary costs of the action, including attorney fees.
AMENDMENT AND SUCCESSION
19. Any provision herein may be amended or revoked, and additional provisions added, at any time by a written instrument duly signed and acknowledged by the developer or its successors, and by the owners of record of not less than 80% of the building sites affected by the amendment, excepting that the easements for sanitary sewage systems in the common area shall in no way be impaired.
20. Rights, powers and privileges reserved herein to the developer shall be vested in and may be exercised by the said Cathedral Mountain Ranch Association from and after the time title to the common use area is transferred to that association.
21. R. A. Mikelson and Irenne Mikelson, mortgagees in a mortgage given by developer covering the real property described in the plat of Cathedral Mountain Ranch, Second Filing, hereby join in these amended protective covenants for the purpose of subordinating their mortgage to the terms and conditions hereof.
22. This amendment shall be effective upon the recording hereof in the office of the Clerk and Recorder of Stillwater County, Montana, and upon such recording this amendment shall supercede the Declaration of Restrictions filed on September 25, 1972.
IN WITNESS WHEREOF, the undersigned have executed this declaration this 10th day of November, 1972.