Loading...
HomeMy WebLinkAbout20080721" `~~ PGs ~ I ~' ~ ` ~ DOC TAX FEES3~. oo F . oo CK#.~, RET FEES:_.CASH_ __,R.O.D.CK#.~~ RECD ~a-m es F~ ctrf m r~ RETURN Simon-+es Narfmo~n _ 8'719 ns b n r n y n-- E-~ccs-Fins ~ _ Ne. 68QQ! 1=N~nN~I~V~'MPI~I~I~~i~V NUM RD. COMP X ~ ~~nS COMPARE CADAS ~ AO '~ DECLARATION OF COVENANTS AND RESTRICTIONS ADAMS fIOUNTY, NE INST. NO. ~~Q~~~~~, Date.Z.alc:Q.~. Time ~~~~ REGISTER OF DEEDS This Declaration made as of this 26th day of February, 2008, by JAMES R. HARTMAN, JR. and KIMBERLY R. HARTMAN, husband and wife ("Developer"): RECITALS: WHEREAS, Developer is the owner of the real estate described as: Lots One (1) through Four (4), inclusive, Flat Creek Subdivision, Adams County, Nebraska, according to the recorded plat thereof; the plat of which was duly filed of record on February 21, 2008, as Instrument No. 20080657 in the Office of the Register of Deeds of Adams County, Nebraska; and WHEREAS, Developer wishes by these Covenants- and Restrictions (the "Covenants") to preserve and maintain the values and amenities of said Subdivision as a desirable residential ' " and recreational area, to prevent nuisances and to specify the purposes for which said real estate.." " may be used; and WHEREAS, Developer states that each and all of said Covenants are for the benefit of said property and each owner thereof. NOW, THEREFORE, in consideration of the foregoing, Developer declares that the real property described above shall be held, occupied, used, sold and conveyed subject to these Covenants. ARTICLE I DEFINITIONS Section 1. The following words, v,~hen used in this Declaration or any Supplemental Declaration (unless prohibited by the context thereof), shall have the following meanings: Page 1 of 11 l~~i 20080`721 a. The "Association" shall mean and refer to the Flat Creek Homeowners' Association. b. "Developer" shall mean and refer to the undersigned owners of the above- described real estate, whether one or more persons. c. "Dwelling" shall mean and refer to any portion of a building situated upon the Property designed and intended for use and occupancy as a residence. d. "Lot" shall mean and refer to any plot of land shown upon the recorded subdivision plat. e. "Owner" shall mean and refer to the record owner, whether one or more persons, of the fee simple title to any Lot or Dwelling situated upon the Properties, but shall not mean or refer to a mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. f. The "Property" shall mean and refer to all such properties subject to this Declaration or any Supplemental Declaration under the provisions of Article II hereof. g. "Single Family Residential Lot" shall mean and refer to any Lot burdened by these Covenants. h. "Subdivision" shall mean and refer to Flat Creek Subdivision, Adams County, Nebraska, according to the recorded plat thereof. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 1. All of the real estate described above shall be held, occupied, used, sold and conveyed subject to these Covenants. ARTICLE III BUILDING RESTRICTIONS Section 1. The Property shall be used only for single family residence purposes. No Lot shall be resubdivided except by approval of Developer. Section 2. Except as stated herein, no Single Family Residence Lot will be occupied or used for other than single family residential purposes and no Lot will be occupied or used for such residential purposes in a density greater than one single family residence for each Lot. Section 3. No Lot shall be used as a building site for a~ residential structure if the Lot has been reduced in area below its originally platted size, unless such Lot split or further subdivision has been approved in writing by Developer. Page 2 of 11 z ~~ 20080'72 Section 4. Any structure comprising a single family residence shall consist of a detached dwelling designed to accommodate a single person or one family group, together with household employees, and shall be constructed of not more than two and one-half (2'/z) stories or thirty-five (35) feet in height and in compliance with the following restrictions: a. No dwelling, garage or building shall be built, altered, constructed or maintained, on any Lot unless it conforms to these Covenants and unless the Owner first obtains the express written approval for such construction from Developer, which approval shall not be unreasonably withheld. Any construction shall conform to the general appearance, exterior color or colors, harmony or external design and location in relation to surroundings and topography and other relevant architectural factors, location within Lot boundary lines, quality of construction, size and suitability for residential purposes of such single-family residence. b. All plans for the construction of private roads and driveways and all building plans for any building, fence, corral, wall, or structure to be erected upon any Lot, and the proposed located thereof upon any Lot, and any changes after approval thereof, any remodeling, reconstruction, alteration, or addition to any building, road driveway, or other structure upon any Lot shall require the approval in writing of the Developer. Before beginning the construction of any road, driveway, building, fence, wall coping, or other structure whatsoever, or remodeling, reconstruction, or altering such road, driveway, or structure upon any Lot, the person or persons desiring to erect, construct, or modify the same shall submit to the Developer two (2) complete sets of road or driveway plans, showing the locations, course, and width of same or two complete sets of building plans and specifications for the building, fence, wall coping, or other structure, as is applicable, so desired to be erected, constructed, or modified. No structure of any kind, the plans, elevations, and specifications of which have not received the written approval of the Developer, and which does not comply fully with such approved plans and specifications, shall be erected, constructed, placed, or maintained upon any Lot. Approval of such plans and specifications shall be evidenced by written endorsement on such plans and specifications, acpy of which shall be delivered to the owner or owners of the Lot upon which the prospective building, road, driveway, or other structure is contemplated prior to the beginning of such construction. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written consent of the Developer. The Developer shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. The Developer may waive the set back provisions contained in Section 4.c. c. Any dwelling, garage or building shall be constructed a minimum of twenty-five (25') feet from the front Lot line. No structure may be constructed closer than one hundred (100') feet from its rear property line or twenty (20') feet from its side Lot line. Page 3 of 11 ~~`i 20080721 d. The ground floor enclosed area of every one (1) story dwelling (exclusive of open porches, open breezeways, basements and garages) shall not be less than seventeen hundred (1,700) square feet of finished floor space on the main living area. e. The ground floor enclosed area of every one and one-half (1'/2) story or larger dwelling (exclusive of open porches, open breezeways, basements and garages) shall not be less than twelve hundred (1,200) square feet and the first floor and other floors combined shall not be less than fifteen hundred (1,500) square feet of finished floor area. £ The ground floor enclosed area of every split-level type dwelling with a garage built under the dwelling shall have combined ground floor area, including the floor area above the garage (exclusive of open porches, open breezeways, basements and garages), of not less than twelve hundred (1,200) square feet and the ground floor area and other floors combined shall be not less than fifteen hundred (1,500) square feet of finished floor area. g. Any tri-level or garden level dwelling shall not be less than seventeen hundred (1,700) square feet of finished floor area (exclusive of open porches, open breezeways, basements and garages). h. All dwellings shall have attached enclosed garages of not less than four hundred (400) square feet, with a minimum of two (2) stalls so structured as to allow ease of ingress and egress of standard size automobiles. All garages must be constructed to conform to the general appearance, composition and design of the dwelling. i. No detached garages, storage buildings, sheds, or carports will be allowed without prior written consent of Developer. j. No form of concrete block shall be allowed for facing on any dwelling. All fencing shall be wood or of a material expressly approved in writing by Developer. k. Each dwelling shall have a hard surface driveway of a minimum width of sixteen (16) feet and shall be constructed of either asphalt or concrete. The driveway shall be installed at the time of the construction of the dwelling. Sufficient off-street parking for all vehicles owned by residents shall be constructed. No substantial landscaping, antenna, ditch, fence, swimming pool, tennis court, wall, or other structure or associated structures, in any location within public view, will be altered, built, constructed, erected, installed, planned or otherwise maintained or undertaken on any Lot unless same shall conform to these covenants and unless the Owner has first obtained express written approval from Page 4 of 11 ~0080'72l Developer as to general appearance, composition, design, exterior color or colors, and suitability for residential purposes. m. Heat pumps, propane tanks, solar devices, chimney flues, hot tub pumps, swimming pool pumps and filtration systerris, satellite dishes, and similarly exposed mechanical equipment, shall be shielded in such a manner as to minimize noise and safety concerns. n. The location, design and construction of each Owner's well and. septic system must be approved by Developer in writing prior to construction of such improvements. In conjunction with such construction, the Owner will comply with al applicable federal, state and local health -and environmental laws and regulations. o. No building or dwelling house shall be moved into said Subdivision and placed upon a Lot. No modular or two-piece structure shall be placed or constructed upon the Lot. No trailer, camper, mobile home, tent, garage, shack, metal building or unsightly building shall be used in said Subdivision as a dwelling at any time, nor shall any structure of a temporary character be used as a residence. p. No fences, side, rear or front, shall be constructed of barbed wire, or woven wire (not chain link), or creosote treated material above ground, or any unsightly material or used lumber. No fences, walls or hedges, in excess of four (4) feet in height shall be erected or maintained on any Lot from the front building wall line of the residence thereon to the front property line. However, it is not the intent of these Covenants to eliminate fences, trees or hedges. q. Exterior lighting installed on any Lot shall be of a type and design specified by Developer and shall be placed at such locations as Developer may prescribe. Such lighting shall be indirect or of such controlled focus and intensity as not to disturb residents of adjacent property. r. Each Owner, after moving into a newly constructed Dwelling, shall plant a grass yard in the nearest growing season, either spring or fall, and shall keep it properly watered, mowed and free from noxious weeds, rubbish, trash or junk of any kind. Section 5. After commencement thereof, all approved or permitted construction on any Lot will be undertaken as diligently as practicable and carried on to completion. No approved or permitted construction will be maintained on any Lot in uncompleted or unfinished condition for more than twelve (12) months after such approval is obtained. No structure shall be occupied as a residence until all exterior construction is complete according to approved plans. Section 6. Normal maintenance of the service road in front of each Lot i.e. snow removal, grading, etc., will be the responsibility of the Lot Owner, from and after his purchase of a Lot (irrespective of whether or not construction of a residence thereon has commenced) until the Page 5 of 11 ~~~ 20080'721 formation of the Association is completed, and thereafter shall be the responsibility of the Association. Section 7. Normal maintenance and care of trees i.e. watering, mowing, etc., adjacent to each Lot will be the responsibility of each Owner. ARTICLE IV COMMON SCHEME RESTRICTIONS Section 1. The following restrictions are imposed upon the Properties for the benefit of each other Lot and may be enforced by Developer or any Owner: a. No garbage, refuse, rubbish or cuttings shall be deposited on any street or road or accumulated on any Lot unless placed in a suitable contained. Any such refuse containers must be stored or maintained in an enclosed structure or garage so as not to be in public view. No exterior burner or incinerator for garbage, trash or other refuse shall be maintained on any Lot. b. No building materials of any kind or character shall be placed upon any Lot, except in connection with constructions approved pursuant to Article III of these Covenants. As soon as approved building materials are placed on any Lot, construction shall be promptly commenced and diligently prosecuted. Upon completion of such constructions, debris shall be promptly removed. c. No driveway will be constructed or maintained in a way that causes erosion or water damage to other Lots or roadways in the Subdivision. All Lot Owners shall provide and maintain proper facilities to control storm water run-off onto adjacent properties and to insure that sediments do not enter the natural drainage system. d. All lines or wires for telephone, power, cable television, or otherwise shall be placed underground and no such wires shall show on the exterior of any building unless the same shall be underground or in a conduit attached to a building. No exposed or exterior radio or television transmission or receiving antennas shall be erected, placed or maintained on any part of such premises, but this restriction may be waived by the Developer. Any waiver of there restrictions shall not constitute a waiver as to other Lots or lines or antennas. e. The elevation of a Lot shall not be changed so as to materially affect the surface elevation or grade of the surrounding Lots. No rock, gravel, or clay shall be excavated or removed from any property for commercial purposes. £ No automobile, motorcycle, truck or other vehicle shall be repaired, dismantled, or stored on any Lot, except in an enclosed structure or garage. g. No advertising signs shall be maintained on any Lot, except a sign advertising an Owner's Lot for sale if said sign is not larger than four (4) square feet. Page 6 of 11 G,,~ cc 2ooso~2~ h. With the exception of four (4) animals of the customary household pet variety per family and two (2) horses per Lot, no animals, livestock, birds, poultry or other creatures may be bred, kept or maintained on any Lot without the express written consent of Developer and subject to such rules and conditions as Developer may require. All dogs must be kept inside of the dwelling or in a kennel which has been approved for construction and location by Developer. If a Lot is split, no horses may be bred, kept or maintained on any split Lots. No unused building materials may be kept, stored or otherwise maintained on any Lot within public view, other than for use connected with approved or permitted construction. No junk or salvage materials may be kept,, stored, or otherwise maintained on any Lot. No weeds, underbrush, dead trees, shrubbery or other unsightly growths shall be permitted to grow or remain upon a Lot and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. All rubbish, trash and garbage shall be removed from the Subdivision and shall not be burned by open fire, incinerator or otherwise in the Subdivision. In the event that any Owner of any Lot shall fail or refuse to keep such Lot free from weeds, underbrush or refuse piles or other unsightly growths or objects, then the Developer or the Association may enter upon such lands and remove the same at the expense of the Owner and such entry shall not be deemed a trespass and in the event of such a removal a lien shall arise and be created in favor of the Developer or the Association and against such Lot for the .full amount chargeable to such Lot and such amount shall be due and payable within thirty (30) days after the Owner is billed therefore. k. All mailboxes and mailbox holders shall be of a standard desire adhering to the applicable specification of the U.S. Postal Service. All mailboxes shall be located as directed by the U.S. Postal Service. Each Owner shall be responsible for the maintenance and replacement of his or her mailbox so as to keep it in a state of good repair at all times. No garden or field crops shall be grown upon that portion of any Lot nearer to the street than provided for minimum building setback lines; and no trees, shrubs, hedges or other plants shall be maintained or permitted in such proximity to any Lot as will interfere with the use and maintenance of any street or walk or the unobstructed view at street intersections sufficient for the safety of pedestrians and vehicles. Ground cover shall be maintained on all Lots in order to prevent erosion. m. No Lot shall be used in whole or in part for storage of anything that will cause the Lot to appear in ari unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance or material be kept upon the Property that will emit a foul or obnoxious odor, or cause any noise or vibration that will or might be Page 7 of 11 7~~r ~oo~a~~~ considered a nuisance or disturb the peace, quiet, comfort or serenity of the occupants of the Subdivision. No firearms, bows or other weapons of any type or nature whatsoever shall be used, fire or discharged upon, over or across any land in the Subdivision, unless approved in writing by Developer. n. Only four (4) vehicles will be allowed to be parked on any Lot for more than twenty-four (24) hours. Automobiles, pick-up trucks and semi-tractors will be considered as vehicles. There shall be no parking of trailers, vans or similar personal property on any Lot or on Subdivision roadways. There shall also be no parking of vehicles on Subdivision roadways. There shall be no parking of trucks or semi-tractors, or either of them, over one (1) ton hauling capacity on any split Lot. o. No commercial enterprise or manufacturing of any kind shall be conducted on the Property, nor shall any Lot be used for other than residential purposes. This restriction shall not be construed, however, to prevent the maintenance of in-home offices for business activities of a type usually conducted in residential areas. ARTICLE V EASEMENTS FOR UTILITIES Section 1. A perpetual license and easement is hereby reserved for the benefit of various public utility services over, upon and below a ten (10') foot strip of land adjoining the side and back boundary lines of each Lot to locate, erect, construct, reconstruct, inspect and maintain sanitary sewers, storm and other utilities necessary for this. Subdivision. The parties to whose benefit this reservation runs may enter upon said easement area without the consent of the then record Owner of said property, at any time in order to locate, erect, construct, reconstruct, inspect and maintain the above-described improvements. No trees, shrubbery, structures, buildings, fences, pavements or similar improvements shall be grown, built or maintained within the area of such utility easement of way which may damage or interfere with the use of the easement. Section 2. No permanent buildings, trees, fences, pavements, retaining walls, loose rock walls or similar improvements shall be grown, built or maintained within the area of said easement which may damage or interfere with the use thereof. ARTICLE VI DURATION Section 1. These Covenants shall run with and bind the land and shall inure to the benefit of and be enforceable by Developer or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns from the date of this Declaration is recorded and until 12:00 a.m. on January 1, 2019, after which time said Covenants shall be extended automatically for successive periods of ten (10) years, unless an instrument terminating these Covenants has been signed by the Owners oftwo-thirds (2/3) of the Lots has been duly filed of record in the Office of the Register of Deeds of Adams County, Nebraska. Page 8 of 11 g~~l 2oo$o~r2i ARTICLE VII AMENDMENTS; EXPANSION OF COVERAGE Section 1. These Covenants may be amended during the first five (5) years from the date of the recordation of this Declaration by an instrument signed by all of the Lot Owners and thereafter by an instrument signed by not less than two-thirds (2/3) of the Owners. Any amendment must be duly filed of record in the Office of the Register of Deeds of Adams County, Nebraska. ARTICLE VIII ENFORCEMENT Section 1. Developer, the Association, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens, and charges now or hereafter imposed by the provisions of these Covenants. Failure by any such party to enforce any covenant or restriction contained in these Covenants shall in no event be deemed a waiver of the right to do so at a later date. Section 2. Any conveyance, contract, lease or action it violation of these Covenants shall be void and may be set aside on petition of one or more of the Owners of Lots in said Subdivision, or their successors and assigns, who shall be deemed parties to the same effect as the original signers. When such instrument or action is set aside by a court of competent jurisdiction, all costs and expenses of such proceedings, including attorney's fees to the extent allowed by law, shall be taxed against the offending party or parties and shall be declared by the court to constitute a lien against the real estate to wrongfully deeded, sold, leased or conveyed until paid and such lien may be enforced in such manner as the court may order. Section 3. The invalidity of any one of these Covenants or restrictions, or inapplicability thereof as to any Lot encompassed within these Covenants, by judgment or court order shall in no way affect the validity of the Covenants and restrictions remaining or their applicability as to the Lots remaining subject thereto. ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. A homeowners' association to promote the health, safety, welfare and recreation of the residents of the Subdivision and for improvement and maintenance of the common areas and homes situated in the Subdivision shall be established within one hundred twenty (120) days after the last Lot within the Subdivision is sold by Developer. The Association may be incorporated or unincorporated. Section 2. Every Owner of a Lot shall be a member o~ the Association, and membership shall be appurtenant to and may not be separated from ownership of a Lot. Each member shall be entitled to one vote for each Lot owned. When more than one person holds an interest in a given Page 9 of 11 Q~l~ 2008072 Lot, all such persons shall be members and the vote for such Lot shall be exercised as they may determine between or among themselves. In no event shall more than one vote be cast with respect to any Lot. Section 3. Developer covenants for each Lot within the Subdivision, and each Owner of a Lot is deemed to covenant by acceptance of such Owner's died for such Lot, whether or not it shall be so expressed in the deed, to pay to the association: (a) annual assessments and (b) special assessments for capital improvements, if so voted and approved by the majority of the Association. Such assessments will be established and collected as provided by the Association. The annual and special assessments, together with interest, costs, and reasonable attorney fees, shall be a charge on the land and a continuing lien on each Lot against which such as assessment is made. Each such assessment, together with interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person or persons who owned the Lot at the time the assessment fell due, but such personal obligation shall not pass to the successors in title of such person or persons unless expressly assumed. Section 4. No Lot shall be sold or resold unless the name of the prospective purchase has been submitted in writing to the membership committee of the Homeowners' Association and such prospective purchaser has been approved for membership by the Association, which approval shall not be unreasonably withheld. This provision shall not defeat or render invalid the lien of any mortgage or other encumbrance made in good faith for value as to any Lot or Lots or portions of Lots in such premises. Section 5. The assessment lien provided for in this Declaration shall be subordinate to the lien of any first mortgage or deed of trust on any Lot in the Subdivision. A sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage or deed of trust foreclosure or any proceeding in lieu of such foreclosure, shall extinguish the assessment lien as to payments that become due prior to such sale or transfer but shall not extinguish the Owner's personal liability for such prior assessments. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien of such assessments. Section 6. Upon establishment of the Association, a building and design committee shall be created which shall be responsible for reviewing the plans or all proposed new constructions, additions, or modifications. Such committee shall be responsible to ascertain that the plans and subsequent construction meet the minimum building requirements set forth in this Declaration. The primary purpose of such committee shall be to assist property owners in achieving compliance with such building restrictions. Any Owner seeking to construct a new home or other appurtenance, or to add to or modify any portion of the exterior of an existing home, shall submit the plans to the building and design committee for review. Section 7. For a violation or a breach of any of these Covenants and Restrictions by any person claiming by, through, or under the Developer, or by virtue of any judicial proceedings, the Developer, and the Lot Owners, or any of them severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach of any of them. In addition to the foregoing right, the Developer shall have the right, Page 10 of 11 /~~ ~~ 20080'721 whenever there shall have been built on any Lot any structure which is in violation of these restrictions, to enter upon the property where such violation of these Covenants and Restrictions exists and summarily abate or remove the same at the expense of the Owner, and any such entry and abatement or removal shall not be deemed a trespass. The failure promptly to enforce any of the Covenants and Restrictions shall not bar their enforcement. The invalidation of any one or more of the Covenants and Restrictions by any court of competent jurisdiction in no wise shall affect any of the other Covenants and Restrictions, but they shall remain in full force and effect. Should the Owner fail, neglect, or refuse to satisfy and discharge any lien arising hereunder within thirty (30) days, the Developer, the successors and assigns, shall have the right to interest on such liens at the rate of 8% per annum and shall be entitled to receive all costs of collection, including a reasonable attorney's fee. Section 8. Prior to the actual organization or incorporation of the Association or he building and design committee contemplated by the terms of this Declaration, Developer shall have the right to perform the duties and assume the obligations, levy and collect the assessments and charges, and otherwise exercise the powers herein conferred on the Association in the same way and in the same manner as though all such powers and duties were herein given to developer directly. Developer shall also have the right to modify, amend, repeal, or change any of the terms of this Declaration prior to the actual organization or incorporation of the Association. IN WITNESS WHEREOF, the undersigned Owners and Developers have executed these Covenants the day and year first above written. ~~ ~ ~~~~ MMES R. HARTMAN, JR., ' Owner and Developer ~ ~~ _ .. KIMBERLY R~ ARTMAN, Owner and Developer STATE OF NEBRASKA ) ss: COUNTY OF ADAMS ) On this 26th day of February, 2008, JAMES R. HARTMAN, JR. and KIMBERLY R. HARTMAN, husband and wife, personally appeared before the undersigned Notary Public and acknowledged the execution of the foregoin~C'ovenants Ind Restrictions tome their volunta~,y act and deed. / ~ _ ~ N Public GENERAL N01ARY - State of Nebraska DAVID H FISHER My Conn. Exp. May 14, 2011 Page 11 of 11 ~~~L(