DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR “OAHE LINKS” A PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 132 NORTH, RANGE 79 WEST, EMMONS COUNTY, NORTH DAKOTA.
THIS DECLARATION, made this 1st day of January, 2022, by Jon Richter, referred to as “Developer,” who desires to provide for the preservation of the values and amenities of the property described in Article II of this Declaration, hereinafter called the “Property.” To this end, the Property is subject to the covenants, conditions, restrictions, reservations, easements, liens and charges set forth in this Declaration, each and all of which is and are for the benefit of the Property and each Owner. This Declaration shall run with the land and be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof, and shall inure to the benefit of each Owner thereof.
NOW, THEREFORE, Developer and Declarants declare that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, reservations, easements, liens and charges (sometimes referred to as “covenants and restrictions”) set forth in this Declaration.
The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings:
“Association” shall mean and refer to the Oahe Links Association, which is created to manage and maintain the roads, signage, mailboxes, common areas, parks, perimeter landscaping and entrances to the Property. “Association” and “Homeowners’ Association” may be used interchangeably in both the Bylaws and Declaration.
“Board” shall mean and refer to the Board of Directors of the Association. “Board,” “The Board,” and “The Board of Directors” may all be used interchangeably in both the Bylaws and Declaration.
“Declaration” shall mean the covenants, conditions, reservations, restrictions, and easements as set forth in this Declaration, as may from time to time be amended.
“Developer” shall mean and refer to Jon Richter, his successors and assigns, if any successors or assigns shall acquire a majority of the undeveloped acreage of the Property, including but not limited to undeveloped residential Lots, for purpose of development.
“Lot” shall mean and refer to a lot that is depicted on the Plat or re-plat of the Property. If a Lot as shown on the Plat or a portion thereof is added to an adjacent Lot, then the same shall be considered as one Lot for purposes of this Declaration.
“Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation.
“Plat” shall mean and refer to the Plat of Survey of the Oahe Links Subdivision.
“Property” shall mean that real property described more specifically in Article II of this Declaration. The Property shall be commonly known and referred to as “Oahe Links.”