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This declaration is made this 30^th day of June 2000, by Sand Dollar Cove, LLC, hereinafter called "Developer", for itself, its successors, grantees and assigns:

WITNESS:

WHEREAS, developer is the owner of the real estate described as Sand Dollar Cove 1^st Addition, a Subdivision of a portion of the Southwest Quarter of the Southwest Quarter (SW ¼ SW ¼), of Section Thirty-two (32), Township Ninety-six (96) North, Range Sixty-five (65) West of the 5^th PM, Charles Mix County, South Dakota, containing approximately 13.06 acres, more or less, and Developer desires to create thereon a community known as Sand Dollar Cove for the location of campers, mobile and modular homes and cabins; and

WHEREAS, Developer desires to provide for the preservation of the values and amenities of said community and for the maintenance thereof, all for the benefit of the Developer and the owners of property; and

WHEREAS, Developer has deemed it desirable to create the forgoing covenants, conditions and restrictions:

NOW, THEREFORE, the Developer declares that the real property described as Sand Dollar Cove 1^st Addition, a Subdivision of a portion of the unplatted portion of the Southwest Quarter of the Southwest Quarter (SW ¼ SW ¼), of Section Thirty-two (32), Township Ninety-six (96) North, Range Sixty-five (65) West of the 5^th PM, Charles Mix County, South Dakota, containing approximately 13.06 acres, more or less, shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions and restrictions hereinafter set forth.

1. No structure shall be erected, altered, placed or permitted to remain on any building plot in Sand Dollar Cove other than single family dwellings, mobile homes manufactured no more than 20 years prior to the date of placement on the property, and campers of a make, model and size approved by Developer, and accessory buildings such as garages, garden houses and the like. No tent, shack, barn or other outbuilding shall be erected on any building plot or used as a residence, either temporarily or permanently, without written consent of the Developer.
2. No building shall be located nearer to the front lot line than five feet, nor nearer to the rear lot line than five feet. No building or any part thereof shall be located nearer than three feet to any side lot line.
3. All structures to be constructed on any building plot shall have the exterior substantially completed no more than twelve months following the date of commencement of construction.
4. No dwellings containing less than seven hundred square feet of living area, exclusive of garages, carports and accessory buildings shall be constructed on any building plot without written consent of Developer.
5. Use and occupancy of the premises shall be subject to such applicable zoning, building, health, sewage disposal and sanitation regulations of the State of South Dakota and all government agencies having jurisdiction.
6. No persons shall be allowed to keep or harbor on any portion of the premises any animals or poultry other than recognized household pets. All pets must be controlled and on a leash at all times.
7. All garbage and rubbish must be kept in suitable containers and removed from the premises in accordance with applicable sanitation regulations. No rubbish or garbage may be dumped or burned on the premises. All unimproved lots shall be kept in reasonable condition, free of noxious weeds, rubbish and other waste. No activity shall be permitted on the premises which may be a danger, annoyance or nuisance to any other resident of Sand Dollar Cove.
8. No firearms or fireworks may be discharged within the premises. Fire rings, fireplaces and other suitable containment is required for all fires.
9. There shall be no littering, clutter, or collection of waste debris of any kind.
10. No peddling or soliciting or any form of commercial enterprise is allowed on the premises without prior written consent of Developer.
11. All mobile homes shall have skirting of a type and style approved by Developer.
12. All hook-ups for electricity and telephone and all costs of pumping sewage holding tanks shall be at the sole expense of each individual building plot owner.
13. No more than one camper shall be permitted to be located on any one building plot at a time Visiting campers are limited to 10 consecutive days and no more than one visiting camper shall be permitted on any one building plot.
14. No owner shall take any action to impede the natural drainage of the property.
15. In the event that nay one of these covenants shall be determined to be invalid by judgment court order or for any other reason, such determination shall in no way affect the other provisions herein, which shall remain in full force and effect.
16. All of the covenants, conditions and restrictions contained herein shall be deemed covenants running with the land and shall be binding upon all successors, assigns, heirs, executors and administrators of any owner.
17. To promote uniformity and harmony in the development, in any construction of residences within Sand Dollar Cove, the finished grade shall not be above the center grade of the access road.

IN TESTIMONY WHEREOF, these covenants, conditions and restrictions are made as of the day and date first above written.

SAND DOLLAR COVE LLC

 

Gerrit Juffer, owner/partner