Descriptions

DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS (“Declaration”), is made on the date hereinafter set forth, by BEL-TANE ACRES, INC., also known as BEL-TANE, INC., a corporation (“Declarant”:, with reference to the following facts:
A. Declarant is the owner of a certain subdivided tract of land consisting of approximately eleven (11) acres located in Bonner county, Idaho (the “Property”), which property is more particularly described as follows:
All property within the Plat of Bel-Tane Acres, First Addition, recorded October 12,
1988 in Book 4, Page 73, of plats, as Document No. 354181, records of Bonner
County, Idaho.
B. Declarant has subdivided the Property into twenty-two (22) residential and/or recreational Lots (plus some Common Areas), as shown on the above described Plat, which Lots will be sold to members of the general public.
C. In addition to ownership of individual Lots, the purchasers will hold a membership in a new Association of all Owners, which Association will have ownership or easement rights in certain property, both within and outside the Plat. Such areas shall be known as Common Areas, and shall be operated and maintained for the benefit of the Owners of all Lots within the Property.
D. Declarant intends by this document to impose upon the entire Property mutually beneficial restrictions under a general plan of improvement for the benefit of all of the Lots and the Owners thereof. Declarant hereby declares that the entire Property shall be
held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, and improved, subject; to the following declarations, limitations, covenants, conditions, restrictions, and easements, all of which are for the purpose of enhancing and protecting
the value and attractiveness of the Property, and every part thereof, in accordance with the plan for the subdivision and sale of the Property as a residential and/or recreation community.
All of the limitations, covenants, conditions, restrictions, and easements shall constitute covenants and encumbrances which shall run with the land and shall be perpetually binding upon Declarant and its successors-in-interest and assigns, and all parties having or acquiring any right, title, or interest in or to any part of the Property.
ARTICLE 1
DEFINITIONS
1.1 “Association” shall mean Bel-Tana first owners Association, Inc., an Idaho nonprofit corporation, formed by Declarant in conjunction with the recordation of this Declaration, the Members of which shall be Owners of Lots within the Property as
provided herein.

1.2 “Board” or “Board of Managers” shall mean the Board of
of the Association, as it shall be constituted from time to time.

1.3 “Common Areas” shall mean those. areas and rights, located both within and outside the Plat, that are held by the Association and operated and maintained for the benefit of the Owners of all Lots. Specifically, the Common Area shall include the following: (a) Lot 1, Block 1, Bel-Tans Acres Subdivision, being a Parcel outside the Plat, to be owned in fee by the Association, and maintained as access to Lake Pend Oreille, for the benefit of all Lots within the Plat;
(b) The area located at the northwest end of the Plat, designated on the Plat as Common Area, to be owned in fee by the Association, and maintained as a buffer zone between
Bel-Tane Road and South Plat Lake Road, for the benefit of all lots within the Plat;
(c) A thirty (30) foot wide strip of land through the center of the property, also designated on the Plat as Common Area, to be owned in fee b;, tile Association, and maintained as a utility access area, for the benefit of all Lots within the Plat; (d) A perpetual easement in the following described off-site parcels, and in the areas between such parcels and
the Plat in which water lines are presently maintained, such parcels being a water well site and a reservoir site, to he operated and maintained by the Association for the benefit
of all Lots within the Plat.

Well Site:
Beginning at the East Quarter Corner of section 33, Township 57 North, Range 1  west, Boise Meridian, Bonner County, Idaho, said earlier bearing south 88°41’38” East, 5,252.05 feet from the west Quarter Corner of said Section 33, thence North 77°26’07” west, 399.18 feet to the INITIAL POINT. Thence South 67″39’28” West, 100.00 feet; thence North 22″20’32” west, 100.0 feet; thence North 67″39’2.8″ East, 100.0 feet; thence South 22°20’32” East, 100.0 feet to the INITIAL POINT.

Reservoir site:
Beginning at the East Quarter Corner of section 33, Township 57 North, Range 1 west, Boise Meridian, Bonner County, Idaho, said corner bearing South 88°41’38” East, 5,252.05 feet from the west Quarter Corner of said Section 33j thence North 46″47’01” west, 1,100.37 feet to a point, said point being the center of a circle which has a radius of 50.0 fe6t, said circle being the Reservoir Protection Zone, LESS ‘existing county road right-of-way, Instrument No. 218422.
(e) Roadways within the Plat providing access, ingress, and egress between the individual Lots and the public right of way, but only to the extent such roadways
are not accept and maintained by Bonner County or other governmental agency or municipality.
1.4 Declaration” shall mean this Declaration of Protective Covenants, Conditions and Restrictions, as it may be amended from time to time.
1.5 “Lot” shall mean any of the numbered twenty-two (22) separate residential and/or recreational parcels as designated on the Plitt.
1. 6 “Member” shall mean a member of the Association, as defined in the , articles of Incorporation and Bylaws of the Association.
1.7 “Owner” or “Owners” shall mean the record holder or holders of title to a Lot within the Property. This shall include any person having a. fee simple title to any” Lot, but
shall exclude persons or entities having any interest merely as security for the performance of any obligation. Further, if a lot: is sold under a recorded contract of sale to a purchaser, the purchaser, rather than the fee owner, shall be considered the
“Owner.
1.8 “Person” shall mean any natural person, corporation, partnership, association, trustee, or other legal entity.
1. 9 “Plat” shall refer to the recorded plat described in the recitals above, as amended from time to time.
1.10 “Property” shall mean the entire real property covered by this Declaration.