BAE LAND DEV CO, LLC, owners of Lot 22 IT and Lot 24 IT in Section 16, Township 8, Range 7 East, Lancaster County, Nebraska
do hereby establish the following association covenants and restrictions which shall apply to and run with the title and ownership of all of the real estate in The Preserve at Cross Creek until the end of 2013 and continuously thereafter for successive ten (10) year periods, or until these covenants and restrictions are modified by an affirmative vote of 2/3rds of owners of the real estate described in the legal description above:
Section 1. “Association” shall mean and refer to The Preserve At Cross Creek Association, a Nebraska nonprofit corporation, and its successors and lawful assigns.
Section 2. Until the County assumes the maintenance (including snow removal), repair, and replacement of the new public roadways, the maintenance (including snow removal), repair and replacement of the new public roadways shall be a Common Area responsibility and carried out by the Association. The present County standard permits the County to carry out the maintenance, repair and replacement of the new public roadways after construction and occupancy of residential structures on sixty (60) percent of the lots.
Section 3. “Developer” shall mean and refer to BAE Land Dev Co, LLC, as the owner of record of the dedicated Lots on the date of the execution of these Protective Covenants and their heirs, executors, successors and assigns.
Section 4. “Lot” shall mean and refer to any buildable tract of land shown upon any recorded subdivision map or final plat of the Real Property.
Section 5. “Member” shall mean and refer to any person or entity that holds membership in the Association.
Section 6. “Lot Owner” shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Real Property, including contract sellers, but excluding those having such interests merely as security for the performance of an obligation.
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every person or entity who is a record Lot Owner of a fee or undivided fee interest in any Lot, which is subject to the terms of this instrument, shall be a Member of the Association, including contract sellers, but not including persons or entities who holds an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot, and ownership of such Lot shall be the sole qualification for membership. At its first meeting, the Association shall adopt Bylaws for its organization and conduct of its business, which Bylaws shall include provision for the election of directors and officers.
Section 2. The Association shall have two classes of voting membership. Class A Members of the Association shall be all those Lot Owners as defined in Article I hereof with the exception of the Developer. Class A Members shall be entitled to cast one vote per Lot at a membership meeting of the Association, provided that the Owner has paid the current dues and assessments on said Lot. Rights of membership shall pass by conveyance of any Lot to the grantee thereof as appurtenant to said conveyance. When more than one person holds an interest in any Lot, all of such persons shall be Members, but in no event shall more than one vote be cast with respect to one Lot, and the vote for such Lot shall be exercised as they among themselves shall determine.
Class B Members of the Association shall be the Developer, and the Class B Member shall be entitled to 4 votes for each Lot in which it holds the interest required by membership by Article II, provided that Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first in point and time:
(a) When the total vote outstanding in Class A membership equals the total vote outstanding in the Class B membership; or
(b) At the written election of the Developer to convert its Class B
membership to Class A membership.
Section 3. Membership voting rights are to be governed and regulated by the Bylaws of the Association, which shall not be inconsistent with the provisions of these Protective Covenants.
DUES AND ASSESSMENTS
Section 1. Dues and assessments may be established and fixed in accordance with the Bylaws of the Association. The Board of Directors of the Association shall have the power and authority to establish and enforce dues and assessments for all legitimate purposes and objectives of the Association. Assessments shall be made by dividing the total assessment by the number of Lots covered by these Protective Covenants within The Preserve at Cross Creek and assessing each Lot and that amount equal to the quotient.
NOTICE, ASSESSMENTS AND LIENS
Section 1. Written notice of any meeting of the Board of Directors of the Association called for the purpose of taking any action to establish dues or any special assessment pursuant to the provisions of Article III above, whether by the Board of Directors, or otherwise, shall be pursuant to the Bylaws.
Section 2. Both annual and special assessments shall be fixed at a uniform rate for all Lots.
Section 3. Any assessment whether for dues or special assessment, shall be a lien against the Lot assessed and if not paid within thirty (30) days after the due date shall bear interest at the rate of fourteen (14) percent per annum. The Association may bring an action of law against the Lot Owner personally obliged to pay the same or foreclose a lien against the property. No Lot Owner may waive or otherwise escape liability for the assessment provided herein by virtue of his or her abandonment of their Lot.
Section 4. The lien of the assessments provided for herein shall be subordinate to the lien of any recorded mortgage or deed of trust. Sale or transfer of any Lot shall not affect the assessment lien. No sale or transfer shall release such Lot from liability for any assessments not foreclosed or thereafter becoming due or from the lien attaching to said Lot by reason of such dues or assessment.
1. No construction may be undertaken upon any lot until the owner submits to Developer, and Developer approves, a true and correct copy of the building plans for any structure. The residence and an accessory building shall be of the same architectural style, motif and complimentary materials. The construction of the accessory building may not precede the construction of the residential building. The plan shall show the size, design, specifications and plot plan for such construction. Plans shall meet or exceed current building codes and requirements in appropriate jurisdiction. Plans shall include landscape plan and owners must have specific approval of developer if trees are to be removed. No exterior changes or modifications shall be made without prior written approval of the Developer. Developer shall within thirty (30) days of submission give written approval or reason for disapproval. Approval for plans shall not be unreasonably withheld, however, Developer shall have the sole and exclusive right to approve or reject any plans if, in the opinion of the Developer, the plans do not satisfy the style, size, material, or plot plans of such residence does not conform to the general standard and character of these covenants in The Preserve at Cross Creek. The Developer may appoint, at any time, three owners of property in The Preserve at Cross Creek to approve building plans. Any vacancy thereafter may be filled by the remaining appointees.
2. The Developer reserves the sole and exclusive right to establish all grades, contours, slopes, and elevations for all structures placed on any lot. Once the Developer has established the contour and slope of a lot, the owner shall not change the surface of the lot without the prior written permission of the Developer. Under no circumstances shall any owner change the flow of surface water on or over such lot.
3. Buildings constructed shall comply with the following general requirements:
a. Only one (1) residence and one (1) accessory building may be
constructed on a lot, size of the accessory building shall not exceed 40’x60’.
b. No residence shall be constructed on any lot unless the residence has a minimum finished floor area of at least 1,600 square feet for the first story of a one and a half story home with first floor master; 1,750 square feet for a ranch style home, 2,250 square feet for a two-story home, 1,750 square feet for the main level of a split foyer, and 2,250 square feet for a bi-level or multi-level home.
c. The exterior front of any residence constructed should have at least fifty percent (50%) brick, stone or equivalent, unless the home style does not lend itself to brick or stone in the discretion of the Developer. Foundations shall be painted to match siding. All mailboxes shall be of a consistent design and pre-approved by developer.
d. No television antennas, radio towers, or satellite dishes over 2 feet in circumference shall be placed on any lot except on the interior of any structure. All wires, cables, conduits, or pipes shall be placed underground except on the interior of any structure.
e. No roof pitch on any structure shall be less than a 5/12 pitch.
f. No structure shall be permitted within seventy-five feet (75’) of
the street or roadway or within twenty-five feet (25’) of any lot line.
4. Each lot owner shall nurture and maintain all trees on the lot unless approved for removal by Developer.
5. No wall or fence may be placed on any lot exceeding five feet (5’) in height, except around a swimming pool. No barbed wire fence may be placed on any lot. All fencing must be approved by the Developer.
6. All septic systems are required to be underground unless all ground testing fails or engineered systems fail to pass testing. Any lagoon used as a septic system must be screened by natural plantings of coniferous trees at least six feet (6’) in height spaced eight feet (8’) apart. Such plantings shall be placed within six (6) months after construction of a lagoon.
7. No lot shall be used for any purpose other than single-family residences.
8. No trailer, mobile home, travel trailer, recreational vehicle, motor vehicle, or boat may be stored on any lot unless within an enclosed structure. Such items may not be parked on any lot for more than one week except within an enclosed structure.
9. Any and all roads and drives on a lot shall be constructed of concrete or asphalt only.
10. Any solar panels placed on any residence constructed on any lot shall be mounted flush with the roof of such residence, and shall not be located along any exterior wall of such residence nor in any yard of any lot.
11. No animals, livestock, or poultry of any kind may be raised or kept on any lot except dogs, cats, household pets and horses. Dogs, cats, household pets and horses are allowed for domestic purposes only. Such animals may not be kept or raised for commercial activities. Horses are allowed in the rear yard only when a residence has been built on said lot. The number of horses is limited to one (1) horse per acre.
12. Each lot owner shall maintain the entire lot so as to keep such lot free of grass and weeds which exceed three feet (3’) in height in the area behind any residence and six inches (6”) in height on the front and side areas abutting the residence. Native grasses along drainage ways are exempt from this requirement but are to be kept neat and weed-free.
13. Each lot owner shall maintain in good condition and provide electrical service to any streetlight and/or lighted address block placed on any lot by the Developer.
14. No noxious or offensive trade, activity or practice shall be carried upon any lot which may be or become an annoyance or nuisance to the remaining owners of property in The Preserve at Cross Creek.
15. No signs may be placed on any lot except for a “For Sale” sign placard not more than ten (10) square feet in area.
16. No lot may be used for storage of any personal property except within a structure.
17. Garbage and refuse must be stored in covered containers which shall be kept within a structure or a screened area except during pick-up or disposal. Garbage or refuse may not be burned or buried on any lot.
18. All construction for any structure must be completed within two (2) years from date of lot closing. In the event that construction has not commenced within 24 months of closing, title to the property shall revert back to the Developer in consideration of the Developer paying to the Buyer the amount of the lot price listed on the “Reservation Deposit” less the sum of $2,000.00 representing the lot deposit.
19. In the event that any person shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any person or persons owning any other real estate in said subdivision to prosecute and maintain any proceedings in law or in equity against the person or persons violating or attempting to violate any such covenant or restriction and either to prevent him, her or them from so doing or to recover damages or other dues for such violation.
20. The invalidation of any one of the covenants and restrictions shall not affect the validity of the remaining provisions hereof which shall remain in full force and effect.