Amended Declaration of Protective Covenants of
Geneva Woods Subdivision
The undersigned, being a majority of the owners of lots of Geneva Woods Subdivision, located in the Anchorage Recording District, Third Judicial District, State of Alaska, described as follows:
Geneva Woods Subdivision, according to Plat 67-65, recorded on 11th Jay of July 1967 in Book 148 at page 87 of the records of the Anchorage Recording District, including the modifications to lots 28A through 38 A, 40A, 42A and 43 A of Block 2 according to Plats 73-95, 70-62 and 96-147
do hereby amend the Indenture for Protective Covenants of Geneva Woods Subdivisions, recorded in Book 148, beginning at Page 87, miscellaneous records of the Anchorage Recording District. This amendment supersedes all previous protective covenants for the property described above.
It is the purpose and intent of these protective covenants to ensure continued peaceful enjoyment of the residential lots located in Geneva Woods Subdivision, and to ensure that property values are maintained for the benefit of the owners.
The owners do hereby restrict the use of the said property as follows:
In addition to any other existing zoning restrictions:
a. Lots 1 through 11 of Block 6, and Lots 1 through 6 of Block 1, shall be restricted by the limitations found in the Anchorage Municipal Code, AMC 21.40-050; R-3 Multiple-Family Residential District, as specified in Exhibit A.
b. Lot 66 through 72, Block 2, shall be restricted by the limitations found in the Anchorage Municipal Code, AMC 21.40-130; R-0 Residential-office District, as specified in Exhibit B.
c. All other lots shall be restricted by the limiations found in the Anchorage Municipal Code; AMC 21.40-030; R-1 Single Family District, as specified in Exhibit C., except that no lot shall be used for other than single family residnetial purposes, not exceeding two stories in height, not counting the basement with a private garage for not more than three cars and except as many be further limited herein by this Indenture.
d. Lots 61 through 65, Block 2, shall be restricted by the limitations found in the Anchorage Municipal Code, AMC 21.40/040; R-2D Two-Family Residential District, as recorded under Misc. Book 212, Page 737, Case #71-3430 and #71-2913
Business or Commercial Activity
Unless prohibited by zoning regulations - business, professional or administrative occupations may be carried on within residences so long as there exists no external evidence thereof.
No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee in writing as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevations. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set-back line unless similarly approved. Approval must be given in writing prior to the commencement of any lot clearing and be given in writing prior to the commencement of any lot clearing and construction. Any application which requires approval by the Architectural Control Committee shall be submitted in writing to the Secretary of the Board of Director of Geneva Woods Homeowners Association, Inc., a non-profit corporation.
Dwelling Costs, Quality and Size
No new dwelling shall be permitted on any lot which contains less than 2000 square feet, exclusive of basements, porches, ducts and garages. All dwellings shall be of a quality of workmanship and materials substantially the same or better than that of similar structures located upon adjacent lots. Each dwelling constructed in this subdivision must have provision for a minim of a two car garage.
a. No building shall be located on any lot nearer than 25 feet to the front lot line, or nearer than 20 feet to any side street line.
b. No building shall be located nearer than 8 feet to an interior lot line. No dwelling shall be located on any interior lot nearer than 20 feet to the rear lot line, unless otherwise permitted in writing by the Architectural Control Committee.
c. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of a building; provided however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
d. No dwelling shall be erected or placed on any lot having a width of less than 60 feet at the minimum front setback line, nor shall any dwelling be erected or placed on any lot having an area of less than 7,000 square feet.
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plats. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easement, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible.
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
In addition to prohibitions otherwise contained in these covenants, no owner shall permit a nuisance to occur which tends to interfere with the quiet enjoyment of other residents of the subdivision.
No structure of a temporary character, trailer, tent, shack, garage, barn, or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently.
Permanent, detached structures (outbuildings)
No outbuildings shall exceed 120 square feet interior or 12 feet in height for a gabled roof or 10 feet for a flat roof. No outbuilding shall be constructed which is incompatible with the surroundings, visually or structurally, or which is not approved in writing by the Architectural Control Committee.
No signs of any kind shall be displayed to the public view of any lot except one sign for not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. Public view to mean visible in the yard or from the windows of the home. Al signs shall comply with the current zoning ordinance regulations applicable to signs.
Oil and mining operations
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, not shall oil wells, tanks, tunnels, minerals excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
No animals of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes and shall be changed, fenced or otherwise restrained at all times. No more than two dogs or two cats over the age of 4 months may be kept in or upon any Lot. All pets shall be changed, fenced or otherwise restrained at all times. No pets shall be allowed to run freely. Lot owner is responsible for removing it's animal feces from all areas of the subdivision. No vicious animals as defined in the ordinance of the Municipality of Anchorage shall be kept on any lot.
Vehicles and Vehicle Storage
No more than 2 personal use vehicles may be parked overnight on the paved driveway per dwelling unit. No commercial vehicles shall be parked in the driveway overnight.
Except for personal use vehicles parked on a paved or concrete driveway, all other vehicles, including boats, trailers, motor homes, recreational vehicles, campers, motorcycles, snow machines, cross country vehicles of any type, equipment, or midget cars may not be stored kept, maintained on the exterior of any residence unless within a permanent structure or in a residence garage.
No vehicles may be allowed to remain on the exterior of any property for more than 15 days if it is not in operating condition. All vehicles must be property licensed. All owners shall comply with the parking ordinances of the Municipality of Anchorage which are applicable to residential neighborhoods. There shall be no on-street parking exceeding 24 hours. There shall be no on-street parking of commercial vehicles.
The owner of each property within the Geneva Woods Subdivision shall maintain said property in a neat, clean and presentable condition, and shall keep all weeds abated and landscaping well-maintained. All lawns are to be mowed or trimmed whenever growth exceeds four (4) inches. The exterior of all homes shall not be used for any type of open storage including but not limited to junk and debris.
Each dwelling shall be permitted 1 standard TV, AM/FM antenna. No individual satellite dishes, large sending/receiving antenna or the like shall be permitted in the subdivision, unless approved by the Architectural Control Committee.
No fence, wall, hedge or shrub planting which obstructs sight at elevations between 2 feet and 6 feet above the roadway shall be placed or permitted to remain on any lot within 10 feet of intersecting streets within the subdivision.
Garage and Refuse Disposal
No lot shall be used or maintained as a dumping ground for rubbish. All incinerators and other equipment for storage or disposal of garage, trash, rubbish or other wastes may not be kept, maintained or located exterior of any dwelling, except (1) in a storage shed, completely enclosed and located or connected next to exterior wall of any dwelling or (2) or the day of garbage pickup. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Other than barbecues, no open fire shall be permitted on any lot.
Mail and Newspaper Boxes
Mail boxes and newspaper boxes shall be installed to conform to postal regulations and municipal ordinances.
No more than 80% of trees may be removed from any lot except those trees necessary for clearing a construction site for the dwelling to be constructed on the premises, or necessary for the construction of a driveway, without the prior written consent of the Architectural Control Committee. It is the intent of this provision that all personal purchasing lots will do their utmost to maintain the trees and the natural wooded surroundings of all properties.
In the event of an emergency, if a tree poses an immediate danger to the surrounding area the requirement for Architectural Control Committee approval is waived.
No individual water-supply system shall be permitted on any lot.
No individual sewage-disposal system shall be permitted on any lot
Completion of Exteriors
All houses must be enclosed and exteriors finished within twelve (12) months of initial construction. Except that this time may be extended at the discretion of the Architectural Control Committee to avoid hardship.
Architectural Control Committee
The Architectural Control Committee shall consist of three members and two alternatives who shall be appointed by the Board of Directors of Geneva Woods Homeowners Association, Inc.
The Architectural Control Committee may act only through a majority of its members. However, a majority of the committee may designate a representative to act for it. In the even of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, no its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. Decisions by the Architectural Control Committee shall be in writing and delivered tot he Applicant with a copy to the Board of Directors of the Geneva Woods Homeowners Association, Inc.
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for until and unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or recover damages.
In addition to any action brought by an individual owner of a Geneva Woods lot, the Board of Directors of Geneva Woods Homeowners Association, Inc., a non-profit corporation, may act on its own imitative on behalf of all owners to enforce these covenants.
If it becomes necessary to institute legal proceedings for a violation of these covenants against a homeowner, the individual owner or the Board of Directors of Geneva Woods Homeowners Association, Inc., initiating the action shall be entitled to recovery of reasonable costs plus full attorney fees.
Invalidation of any one of these covenants by judgment of court order shall in no way effect any of the other provisions which shall remain in full force and effect.