Hinkley Subdivision Planned Unit Development (P.U.D.)

PRINCIPALS: Hinkley Realty Company, Inc., 329 Geneva #114, Oakdale, MN 55128; 651/735-6717

ENGINEER:

1. Tim Groz, Brosz Engineering, Inc., Pierre SD; 605/224-1123
2. Dave G. Bressler, American Technical Services, Inc., Sioux Falls, SD; 605/339-3722

SURVEYOR: Brosz Engineering, Inc., Pierre, SD; 605/224-1123

DEVELOPMENT: Hinkley Subdivision

LEGAL DESCRIPTION: Lots 1-5 Hinkley Subdivision, being a Replat of Lots 10-12, Tyler Addition, a subdivision of Gov't Lots 1-4 and N1/2SE1/4 of Section 8, Township 110 North, Range 78 West of the 5th P.M., Hughes County, South Dakota.

Pursuant to sections 10-101 through 10-103 of the Hughes County Ordinances attached hereto is a plat for Hinkley Subdivision Planned Unit Development (P.U.D.), located in rural Hughes County, South Dakota. That said P.U.D. includes the development of residential lots, and attaches to the Highway 34, east of Pierre, South Dakota.

Also attached hereto is a copy of the DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS which provides restrictions on the use and development of the property, all designed to enhance the character of the housing, the residential buildings, and the use of the lots.

The P.U.D. includes the following provisions:

1. Lot Size and Purpose: The lots will range in size not less than 1 acre more or less and shall be used solely for residential purposes.
2. Dwelling Type: Building construction shall be limited to use permitted in "Ag C" zoning. The structures shall meet, at a minimum, the requirements of the current Uniform Building Code, National Electric Code and the National Plumbing Code. See also Restrictive Covenants.
3. Dwelling Purpose: Single family residence and accessory buildings shall not be used for or in connection with multi-family living or commercial activities, and each building site shall be used for no more than one family. The buildings anticipated to be constructed on the residential lots will be utilized for residential purposes and the customary accessory uses, such as garages, and other accessory buildings permitted by Hughes County ordinances.
4. Restrictions:
   1. No junkyards or automobile or automobile salvage yards, off-premise advertising signs, devices or displays shall be placed upon the above-described property.
   2. Said property shall not be used as a construction site for the storage of heavy equipment of other construction materials or equipment, or for the disposal or salvage of any offensive materials.
   3. Purchasers, their heirs and assigns, shall not use the property for the purposes of raising or breeding hogs.
   4. Purchasers, their heirs and assigns, shall not place upon the property or affix thereto any trailer home, trailer house, mobile home or other similar type structure, provided that this restriction shall not apply to the placement of a modular home or any similar structure if affixed to a permanent foundation on the above-described property.
5. Utilities: Water will be provided by Mid-Dakota Rural Water System, Electricity will be supplied by Oahe Electric, and wastewater systems will be individual septic tanks with tile fields.
6. Property Owner's Association: By acceptance of the deed or other instrument of conveyance for his or her lot with the subdivision, the lot owner shall be a member of the Hinkley Subdivision Property Owner's Association by-laws, rules and regulations and agrees to pay the Association's annual assessments or dues and special assessments, payable in advance for maintenance and repair or roads, snow removal, and enforcements of the covenants.
7. Roadways: Hinkley Subdivision's roads are private roads to be maintained and repaired by the lot owners and the Hinkley Subdivision Property Owner's Association through annual assessments.
8. Animals: Animals may not be raised, bred, or kept for commercial purposes and, those animals kept outside shall be limited to not more than two (2) adult (over six month of age) dogs, two (2) adult cats, and two (2) adult horses.

Pursuant to sections 10-102 and 10-103 of the Hughes County Ordinances, the proposed development meets the following conditions:

1. The development plan is consistent with the intent and purposes of the Hughes County Zoning Ordinance to promote the public health, safety, morals and general welfare.
2. The single family residences will not adversely impact the adjoining agricultural and residential property.
3. There shall be compliance with the sediment and erosion control standards of Hughes County Conservation District.

Dated this ____________ day of _____________________ , 2001.

HINKLEY REALTY COMPANY, INC.

On the _______ day of _______________ , 2001, before me, the undersigned officer, personally appeared Robert Vogel, as President, and John Vogel, as Vice President, of Hinkley Realty Company, Inc., and Robert Vogel and John M. Vogel, as owners of the aforementioned property executed the foregoing instrument for the purposes therein contained, by signing their names as such owners.

IN WITNESS WHEREOF, I hereunto set my hand and official seal this ________ day of _________________, 2001.

DOCUMENT PREPARED BY:
Thomas M. Maher
MAHER AND ARENDT
201 North Euclid, Ste. 1
Pierre, South Dakota 57501
Telephone: (605) 224-0451
Fax: (605) 224-0493

For more on Hinkley Realty South Dakota Real Estate contact:

Pat Harding
CENTURY 21 Fischer, Rounds & Associates, Inc.

125 East Dakota, Pierre, SD 57501
Telephone: (605) 224-9226, Toll-free: (800) 456-2603
Home Phone: (605) 224-4566, Fax: (605) 224-5831

pharding@fischerrounds.com

URL: http://hinkleyrealty.com/unitdevelopment.htm

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Last modified: May 09, 2006