The undersigned Declarant hereby declares that the following covenants are to run with the land and shall be binding on all present and future owners or all or any part of the following described real estate:
Parcel A:(legal description available)
Parcel B:(legal description available)
Parcel C:(legal description available)
Parcel D:(legal description available)
Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect.
RESTRICTIONS AND COVENANTS
1.The Parcels shall be used for residential purposes only. No Parcel shall be subdivided.
2.No commercial raising of livestock shall be permitted.Household pets may be kept and maintained on the premises for use, benefit and pleasure of the owner of a Parcel and his or her guests provided they are not kept, bred, or maintained for any commercial purpose or in such number as to require licensing.Any parcel may maintain one (1) horse, llama, other hooved animal or bipedal bird, with a typical adult height over four (4) feet.Such parcel may have one (1) additional animal for each additional full acre of area over five (5) acres.
All animals maintained on a Parcel shall be kept in accordance with requirements of Nebraska law and applicable zoning ordinances of Sarpy County, Nebraska.
3.No objectionable, unlawful or offensive trade or activity shall be carried on upon any Parcel nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or surrounding Parcels.All Parcels shall be kept free of trash and debris.All trash and garbage shall be contained and enclosed in metal or plastic containers.No garbage or trash container or fuel tank shall be permitted to remain outside of a dwelling unless completely screened from view.
4.No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected on said real estate shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence, and before any building shall be occupied as a residence, the entire building must be substantially completed and the exterior must be fully completed.
5.No building shall be created, altered, placed or permitted to remain on any Parcel other than one detached single family dwelling not to exceed two stories in height, having a garage for not less than two automobiles, and containing finished living areas, exclusive of porches, breezeways, carports, and garages of at least the following:
1.Each one story dwelling shall contain no less than 1,800 total square feet of living area above the basement.
2.Each one and one-half or two story dwelling shall contain no less than 2,000 total square feet of living area above the basement level with a minimum of 1,500 square feet on the main floor.
6.All structures used for the housing or maintenance of animals, and any area where animals are maintained or kept, shall be maintained at all times in a clean, neat and orderly manner by the owner of the Parcel.All fencing must be kept in good workable condition and not allowed to deteriorate or look shabby.
All accessory buildings shall have a useful purpose, shall be enclosed, with sidewalls not exceeding 12 feet in height, and shall be constructed in such a design to be harmonious and compatible with both the area and the main dwelling.If accessory buildings are to be used for the shelter of animals, they shall not exceed the necessary size of such shelter.
7.The assembly, disassembly or general service work on any car, truck, equipment or other machinery shall be prohibited except in an enclosed garage and the storage or parking of cars, trucks, equipment or other machinery shall likewise be prohibited for any longer than thirty (30) days.
8.No building or structure shall be erected within fifty (50) feet from any property line.
9.All power and telephone service wires shall be buried underground.
10.There are no restrictions regarding when construction of a residence on a Parcel shall commence.However, construction of any improvement must be completed within one (1) year after the date of commencement of excavation or construction of said improvement.No garage or other out building shall be erected on any Parcel for dwelling purposes before the residence thereon is constructed.
11.No Parcel shall be used in whole or in part for the storage of any property or thing that will cause the land to appear in an unclean or untidy condition, or that will be obnoxious to the eye.Nor shall any substance or material be kept upon the land that will emit a foul or obnoxious odor, or cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of the neighborhood or surrounding Parcels.
12.Each owner of a Parcel that contains an area for drainage ways shall not place or allow to be placed any obstructions such as trees, dams, fences or improvements of any kind in said drainage way.No existing trees or natural terrain shall be disturbed without the prior written approval of Declarant.Suitable ground cover shall be maintained on those portions of a Parcel not formally landscaped in such a manner as to prevent erosion by wind or water.Each parcel owner shall take whatever steps are necessary to control noxious weeds on such Parcel and maintain the waterways appropriately.
13.No garden, trees, shrubs, hedges or other landscaping shall be maintained or permitted in such proximity to any Parcel as will interfere with the use and maintenance of the main road.
14.A perpetual permanent fifty (50) foot wide ingress-egress easement is hereby reserved in favor of and granted by Declarant and to all present and future owners of Parcels in Springcreek Gardens, as surveyed, platted and recorded in Sarpy County, Nebraska and their guests, invitees, and such other persons as may from time to time lawfully use the same.The location of said easement is located as shown on the plat recorded in the Register of Deeds, Sarpy County, Nebraska as Instrument No. 2008-xxxxx.
15.A perpetual license and easement is hereby reserved in favor of and granted to Omaha Public Power District and other utilities, their successors and assigns, to install instrumentalities to extend thereon wires for the carrying and transmission of electric current for light, heat and power and for all telephone service within a ten (10) foot wide strip of land adjoining the side boundary of the fifty (50) foot wide ingress-egress easement so long as such utilities do not damage or permanently interrupt the ingress and egress easement; said license being granted for the use and benefit of all present and future owners of Parcels.
1.Declarant shall cause the incorporation of the Springcreek Gardens Homeowners Association, a Nebraska not for profit corporation (the ‘Association’).The Association shall have as its purpose the promotion of the health, safety, recreation, welfare and enjoyment of the residents of the Parcels, including, but not limited to:
a. The construction, improvement, equipping, maintenance, operation, repair, upkeep and replacement of Common Facilities for the general use, benefit and enjoyment of the Members.‘Common Facilities’ may include dedicated and nondedicated roads, drainage structures, drainage ways and appurtenances thereto, and sign and gate at entrance to SpringcreekGardens.Common Facilities may be situated on property owned or leased by the Association, or on dedicated easement property.
b. The promulgation, enactment, amendment and enforcement of rules and regulations relating to the use and enjoyment of any Common Facilities, provided always that such rules are uniformly applicable to all Members.The rules and regulations may permit or restrict use of the Common Facilities by Members, their families, their guests, and/or by other persons, who may be required to pay a fee or other charge in connection with the use or enjoyment of the Common Facility.
c. The exercise, promotion, enhancement and protection of the privileges and interests of the residents of SpringcreekGardens; and the protection and maintenance of the residential character of SpringcreekGardens.
2.Each Parcel owner shall be a Member of the Association.Membership shall be appurtenant to ownership of each Parcel, and may not be separated from ownership of each Parcel.Each Parcel owner, whether one or more persons or entities, shall be entitled to one vote on each matter properly coming before the Members of the Association.
3.The Association shall have the powers conferred upon not for profit corporations by the Nebraska Nonprofit Corporation Act, and all powers and duties necessary and appropriate to accomplish the purposes and administer the affairs of the Association.The powers and duties to be exercised by the Officers of the Association shall include but shall not be limited to the following:
a. The development, operation and administration of Common Facilities, and the enforcement of the rules and regulations relating to the Common Facilities.
b. The fixing, levying, collecting, abatement, and enforcement of all charges, dues, or assessments made pursuant to the terms of this Declaration.
c. The expenditure, commitment and payment of Association funds to accomplish the purposes of the Association including, but not limited to, payment for maintenance of Common Facilities.
d. The exercise of all of the powers and privileges, and the performance of all of the duties and obligations of the Association as set for in this Declaration, as the same may be amended from time to time.
e. The acquisition by purchase or otherwise, holding, or disposition of any right, title or interest in real or personal property, wherever located, in connection with the affairs of the Association.
f. The deposit, investment and reinvestment of Association funds in bank accounts, securities, money market funds or accounts, mutual fund, pooled funds, certificates of deposit or the like.
g. The employment of professionals and consultants to advise and assist the Officers of the Association in the performance of their duties and responsibilities for the Association.
h. General administration and management of the Association and execution of such documents and doing and performance of such acts as may be necessary or appropriate to accomplish such administration or management.
i. The doing and performing of such acts, and the execution of such instruments and documents as may be necessary or appropriate to accomplish the purposes of the Association.
4.Notwithstanding the provisions of Section 3 of this Article II, Declarant shall be responsible for the acquisition, construction, landscaping, improvement, equipping, maintenance, operation, repair, upkeep and replacement of the Common facilities until such times as Declarant has conveyed fee simple title to all four (4) parcels.Thereafter, these obligations shall be undertaken by the Association as provided in this Article II.Except as expressly provided herein, Declarant shall not be obligated to exercise any of the powers, or assume any of the obligations of the Association set forth in this Article II.
5.The Association may fix, levy and charge the owner of each Parcel with dues and assessments under the following provisions of this Declaration.Except as otherwise specifically provided, the dues and assessments shall be fixed by the Association and shall be payable at the times and in the manner prescribed by the Association.
6.Notwithstanding any other provision of this Declaration, the Association may abate all or part of the dues or assessments due in respect of any Parcel, and shall abate all dues and assessments due in respect of any Parcel during the period such Parcel is owned by the Declarant.
7.The assessments and dues, together with interest thereon, costs and reasonable attorneys’ fees, shall be the personal obligation of the owner of each Parcel at the time when the dues and assessments first become due and payable.The dues and assessments, together with interest thereon, costs and reasonable attorneys’ fees, shall also be a charge and continuing lien upon the Parcel in respect of which the dues and assessments are charged.The personal obligation for delinquent dues and assessments shall not pass to the successor in title to the owner at the time the dues and assessments become delinquent unless such dues and assessments are expressly assumed by the successors, but all successors shall take title subject to the lien for such dues and assessments, and shall be bound to inquire of the Association as to the amount of any unpaid dues and assessments.
8.The dues collected by the Association may be committed and expended to accomplish the purposes of the Association described in Section 1 of this Article II, and to perform the powers and responsibilities of the Association described in Section 3 of this Article II.
9.Unless excess due have been authorized by the Members of the Association in accordance with Section 11 of this Article II, the aggregate dues which may become due and payable in any year shall not exceed the greater of:
a. Seventy Dollars ($70.00) per Parcel per month.
b. In each calendar year beginning January 2008, one hundred twenty-five percent (125%) of the aggregate dues charged in the previous calendar year.
10.In addition to the dues, the Association may levy an assessment or assessments for the purpose of defraying, in whole or in part, the costs of any acquisition, construction, reconstruction, repair, paining, maintenance, improvement, or replacement of any Common Facility, including fixtures and personal property related thereto, and related facilities.The aggregate assessments in each calendar year shall be limited in the amount of Seventy Dollars ($70.00) per Parcel per month.
11.With the approval of seventy-five percent (75%) of the Members of the Association, the Officers may establish dues and/or assessments in excess of the maximums established in this Declaration.
12.Assessments and dues shall be fixed at a uniform rate as to all Parcels, but dues may be abated as to individual Parcels, as provided in Section 6 of this Article II.
13.The Association shall, upon written request and for a reasonable charge, furnish a certificate signed by an Officer of the Association setting forth whether the dues and assessments on a specified Parcel have been paid to the date of request, the amount of any delinquent sums, and the due date and amount of the next succeeding dues, assessment or installment thereof.The dues and assessment shall be and become a lien as of the date such amounts fir become due and payable.
14.Any installment of dues or assessment which is not paid when due shall be delinquent.Delinquent dues and assessments shall bear interest from the due date at the rate of eighteen percent (18%) per annum.The Association may bring an action all law against the owner personally obligated to pay the same, or foreclose the lien against the Parcel or Parcels, and pursue any other legal or equitable remedy.The Association shall be entitled to recover as a part of the action and shall be indemnified against the interest, costs and reasonable attorneys’ fees incurred by the Association with respect to such action.No Parcel owner ay waive or otherwise escape liability for the charge and lien provided for herein by nonuse of the Common Area or abandonment of his Parcel.The mortgagee of any Parcel shall have the right to cure any delinquency of an owner by payment of all sums due, together with interest, costs and fees.The Association shall assign to such mortgagee all of its rights with respect to such lien and right of foreclosure and such mortgagee may thereon be subrogated to any rights of the Association.
15.The lien of dues and assessments provided for herein shall be subordinate to the lien of any mortgage, contract or deed of trust given as collateral for a home improvement or purchase money loan.Sale or transfer of any Parcel shall not affect or terminate the due and assessments lien.
1.If the present or future owners of any of said Parcels or their grantees, heirs, or assignees, shall violate or attempt to violate any of these covenants, it shall be lawful for any other person or persons owning any part of said real estate to prosecute any proceedings at law or in equity against the person or person violating or attempting to violate any such covenants and either to prevent him or them from so doing or to recover damages or other dues for such violation.Failure by Declarant or any Parcel owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
2.As long as Declarant owns one (1) parcel, Declarant shall have the right at any time subsequent to the filing of this Declaration to add, annex and subject additional contiguous land in Sarpy County, Nebraska to this Declaration by filing in the Office of the Register of Deeds of Sarpy County a written instrument duly executed and acknowledged by Declarant, to the effect that such additional land is being subjected hereto.Any real property thereby subjected to this Declaration shall, after said filing, be subject hereto and the owners thereof shall be subject to all the same duties,, liabilities and rights hereunder as though said additional property had been originally a part of the real estate described herein on the date of the filing of this Declaration.
3.As long as Declarant owns one (1) parcel, this Declaration may be amended or rescinded by Declarant, of any person, firm, corporation, partnership, or entity designated in writing by Declarant, in any manner it shall determine in its full and absolute discretion.Thereafter, this Declaration may be amended by and instrument signed by the owners of not less than seventy-five (75%) of the Parcels covered by this Declaration.This Declaration shall run with and shall bind the land for a term of twenty-five years from the date this Declaration is recorded, after which time this Declaration shall be automatically extended for a successive period of ten (10) years, unless an instrument terminating this Declaration is signed by the owners of seventy-five percent (75%) of the Parcels and has been recorded prior to the commencement of any ten (10) year period.
4.Invalidation of any provision of this Declaration by judgment or court order shall in no way affect any of the other provisions hereof which shall remain in full force and effect.
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