1. Minimum Building and Property Use Restrictions.
a. Livestock and Pets.
Livestock and Pets are allowed on the Lots. Any and all animals kept on the Lotmust be fenced or contained within the boundaries of said Lot, or if Owner owns contiguous Lots, within the boundaries of those contiguous Lots. Pets shall not be allowed to run at large and shall be under control at all times.
b. Commercial Use.
There will be no Commercial Use allowed on any Lot. Home Occupations and In Home Businesses are allowed on the Lots. Commercial Use means any enterprise or enterprises of any kind for profit or nonprofit that is not a Home Occupation and/or In Home Business; including but not limited to any retail or wholesale activity such as: shops, stores, care facilities, rental and repair operations, reclamation projects, commercial kennels, or any other Business that necessitates consumer traffic or activity on a temporary or permanent basis. Home Occupation and/or In Home Business” is any one of the following
● Cottage industry - small scale, non-retail endeavors for profit or nonprofit performed by the Lot more akin to a hobby than to a commercial enterprise which generates little to no consumer or vendor traffic and is not disruptive to other owners as determined by a reasonable person standard; or
● A Consultation or Business office used to provide a service or product for profit or nonprofit and generates little to no consumer or vendor traffic and is not disruptive to other owners as determined by a reasonable person standard; or
● Rental for residential use as permitted by these covenants: or
● The planting, caring and harvesting of grain, hay and gardening produce for sale; or
● Ranching including the use and keeping of a reasonable number of livestock, including horses and cattle. The livestock must be fenced onto the subject property as stated in Section 1.
c. Water and Sewage.
Any property owner must assume the burden of supplying and developing water and sewage facilities for his own domestic use. Wells and water systems shall be drilled, installed and maintained at all times in accordance with all applicable rules and regulations of any public agency having authority over same.
d. Road Maintenance by Owner.
If a purchaser wants the roads maintained beyond what the Road Maintenance Association sees as reasonable he or she may do so at his or her own expensebut takes on the liability of any work Owner completes in the Road. When a land owner installs a driveway, an eighteen inch (18") culvert is required to be installed.
e. Reservation of Easements.
All future Grantees covenant and agree that the Grantor is reserving an 60 foot wide easement for general public ingress and egress and for public utilities as recorded on the Certificate of Survey; a fifteen foot (15') easement for public utilities will run parallel to all surveyed property lines, more clearly stated as 15’ on both sides of each property line. Jack Creek perimeter parcels will have a thirty foot (30') easement for public utilities along the outside perimeter boundary or boundaries. Public utilities will follow access roads where convenient and economically feasible in the opinion of the Grantor herein. All future Grantees covenant and agree that roads shown on the certificate of survey are public roads, as noted on the certificate of survey. Only roads constructed by Grantor and shown on the Certificate of Survey for Jack Creek Estates Major Subdivision (Certificate of Survey) shall have such easements. Old Ranch Roads not constructed by Grantee shall not be easements open to travel by all parcel owners and are not shown as easements on the Certificate of Survey.
f. Setbacks and Nuisance.
No structures or improvements will be located on a parcel within 75 feet of any lot line or existing roadways indicated on the Certificate of Survey except signs identifying lot number, address, or occupants, customary fencing and mailboxes. These signs, fencing and mailboxes may not be placed within an easement. All future Grantees further covenant and agree not to cause any condition that will cause the accumulation or existence of garbage, junk or condition causing a noxious odor on subject property, or conditions which would normally be deemed a private or public nuisance, including, but not limited to, inoperative motor vehicles and scrap materials of every sort. Inoperative vehicles stored in a finished garage will be exempt from this paragraph. No vehicles shall be parked within easements as shown on the Certificate of Survey.
g. Improvements within the Easement.
All future Grantees covenant and agree that no gates, fences or other obstructions shall be placed on any access road. The access roads are the roads shown on the Certificate of Survey. Metal cattle guards will be allowed if installed in accordance with county road regulations.
h. Time for Construction.
All future Grantees covenant and agree that any construction of residences, outbuildings or any other buildings must be completed on the exterior within twenty-four (24) months of the commencement of construction
i. Size of Residences.
The minimum square footage of any residence shall be 600 sq. ft.
j. Cattle Guards.
A landowner may install a cattle guard or gate on his/her driveway as long as the driveway is not part of the road system to access other parcels within Jack Creek Estatesas shown on the Certificate of Survey.
k. Mobile Homes.
All future Grantees covenant and agree that mobile homes will not be placed on any Lot. Mobile Homes/House Trailers means mobile homes/house trailers as defined in Montana Code Annotated § 15-24-201 (2007) and any amendments thereof.
l. Exterior Materials and Recreational Vehicles.
Exterior materials shall be non-reflective. This covenant is not intended to prohibit a property owner from storing a factory-constructed recreational vehicle (camper) on the subject property following completion of Grantee's residence. A property owner may use a factory constructed recreational vehicle for temporary use on this property during construction. In the case of construction, twenty-four (24) months shall be the maximum use, and construction must be on going. One hundred twenty (120) days shall be the maximum use in the case of hunting season and/or vacations. Prior to a residence being constructed, factory-constructed recreational vehicles will be allowed permanently if stored in a cabana-like building or parked on a prepared RV pad. Any permanently stored recreational vehicle that includes a kitchen and/or bathroom facility may include a pump-out station hooked into the lot's septic system, and must meet all state and County requirements for same. Lot owners must dispose of RV tank waste according to State and County requirements. Once a primary residence is completed, recreational vehicles may be stored as the Owner desires. Recreational Vehicle means a conveyance capable of transporting or housing people or their large animals (like horses and llamas) for short-term recreational purposes, including but not limited to camping trailers, class A, B or C motor homes, horse trailers, boats, snowmobiles, all-terrain vehicles, and trailers for transporting such vehicles
All future Grantees covenant and agree that no signs or advertisements shall be placed on this property, except for a sign designating the owner's name, lot number and/or address. This restriction shall not preclude any future Grantee from placing a "For Sale" or “”For Rent” sign on the property. "No trespassing" signs will be allowed with a minimum of two hundred fee (200') spacing between signs. No signs shall be placed within road easements except street signs, traffic control signs, and signs identifying Jack Creek Estates.
n. Further Subdivision.
All future Grantees covenant and agree not to further subdivide the property.
Broker represents himself as a sellers agent in all of the properties listed on this site. Broker has an ownership interest in some properties listed on this website.
Justin Joyner, Broker/owner
MT Licsense #RRE-BRO-LIC-10586