Covenants
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KARASHOW RIDGE
SUMMARY OF PROTECTIVE COVENANTS
• Greamy, LLC to review plans, grades and control soil remaining after excavation and construction.
• Single family residences only.
• Square footage minimums:
One story 1,254 sq. ft.
One and one-half story 1,000 sq. ft. first floor
Two story 1,800 sq. ft.
• Attached garage with at least 484 sq. ft.
• Construction limitations on areas subject to easement.
• Front of home to be at least 35% brick/stone/or decorative masonry – may be waived for colonial or Cape Cod –style homes.
• Solar panels flush to roof.
• Exterior air conditioning units to be installed in the side or rear yard and screened by landscape shrubbery or fencing.
• No noxious or offensive trade, activity or practice shall be carried on upon any lot, nor shall anything be done on any lot which may be or become an annoyance or nuisance to the neighborhood.
• No structure of a temporary nature may be used as a residence.
• No trailer, mobile home, motor coach, recreation vehicle or boat may be stored in any front or side yard of a lot.
• No advertising devices, except for “for sale” or political yard signs.
• Lot owner assumes responsibility for sidewalk construction.
• Construction must begin within three years of the date of purchase of the lot and construction must be completed within a year’s time from commencement.
• All outdoor wiring to be underground.
• Satellite dishes not exceeding 18” in diameter are allowed.
• No animals, livestock or poultry other than household pets.
This summary of covenants is intended be general in nature. The covenants have been condensed in order to provide a general understanding of how the investment of property owners will be protected. The full text of covenants is available from Greamy, LLC at 1928 S. Lincoln Avenue, ste 100, York, NE 68467.
KARASHOW RIDGE COVENANT AGREEMENT
This Declaration is made this 20th day of June, 2008, by Greamy, LLC, a Nebraska Corporation, (Developer) is the fee owner of the following described real estate, located in York, York, County, Nebraska, such real estate being the real property now duly platted as Karashow Ridge Subdivision, a subdivision of the City of York, as such plat is now recorded in the records of the York County Clerk, York, Nebraska and described as follows:
Lots One (1) through Five (5) Blk One (1); Lots One (1) through Four (4) Blk Two (2), and Lot One (1) Blk Three (3); Karashow Ridge City of York, York County, Nebraska.
These restrictive covenants (covenants) are established upon the above described real estate. Hereinafter, shall be referred to as the Properties and Lot shall mean any of the ten plots of land shown on the recorded plat of the Karashow Ridge Phase I – Final Plat as a Lot. Lot Owner shall mean the record owner, whether one or more persons or entities, of a fee simple title to any Lot that is part of the Properties and shall include contract sellers, but shall not include those holding title merely as security for performance of an obligation.
The following Covenant declarations are limitations and restrictions, as to the uses to which the Properties shall be subject to and shall constitute covenants to run with the Properties, as provided by law, and as shall be binding on all parties and persons claiming under them, are for the benefit of and limitations on all future owners in Karashow Ridge Subdivision Phase I – Final Plat. These covenants are for the purpose of maintaining fair and adequate property values, and for the purpose of developing the Properties as a desirable residential part of the city of York, Nebraska. The Developer does covenant and agree to the following restrictive covenants and agreements on and affecting the Properties.
1. No residence, building or structure or addition to any residence, or the change or modification in the exterior of any residence, shall be started unless and until written approval of the building plans has been secured from the Developer. Such plans shall be submitted in advance and shall show the size, exterior material, design and plot plan indicating the locations of the building or structure upon the Lot or Lots. The Developer reserves unto itself, its successors and assigns, the exclusive right to approve or reject any building plans, if, in its opinion, either the size, materials, design or plot plan do not conform to the general standard and value of the development of the Lots and these Covenants. Approval of such building plans shall not be unreasonably withheld; provided, however, that the Developer shall have the sole and exclusive right, in its sole discretion, to approve or reject any such building plans. The Developer shall have no power to (i) allow, permit or consent to the construction of any residence on any Lot is such residence would violate any of the terms or provisions of these Covenants, or; (ii) waive any term, condition or restriction, imposed by these Covenants on such Lot.
2. No Lot or any residence hereafter placed or constructed on any Lot shall be utilized for any purpose other than for single family residential purposes. No townhouses, condominiums, apartments, or multiple dwelling units of any kind or type shall be built on any Lot, nor shall any Lot Owner allow or permit any dwelling unit constructed on any Lot to be converted into any type of townhome, condominium, apartment or multiple dwelling unit.
3. No residence shall be constructed on the Properties unless such residence has a minimum floor area exclusive of terraces, patios, porches, car ports, garages, basements, walkout basements, daylight basements, and lower levels, whether finished or not, of, to-wit: (i) 1,254 square feet in the case of a one-story residence; or (ii) 1,000 square feet on the first floor in the case of a one and one-half story residence; or (iii) 1,800 square feet in the case of a full two-story multilevel single family residence.
4. Each single-family residence shall have an two car attached garage which shall not be less then 484 square feet .
5. Developer reserves the sole and exclusive right to establish all grades, slopes and/or contours on all Lots and to fix the grade upon which any single family residence hereafter is erected or placed on any such Lot. Once such grades, slopes and/or contours have been established by the Developer they will not be changed in connection with the construction of any single family residence on any Lot more than two feet from the grades, slopes and/or contours established by Developer, without prior written permission of the Developer, but in no event shall any such Lot be graded or sloped so as to change the flow of surface waters to or from any adjoining Lots.
6. No dirt from grading, excavation or resulting from any other activity may be removed from the boundaries of the Lot without the written permission of the Developer and without first offering such dirt to the Developer for placement (at the expense of Lot Owner) within the Properties at an area or areas designated by the Developer for stockpiling dirt and said dirt to be leveled at the expense of the Lot Owner.
7. No walls, fences, structure, planting or other materials shall be constructed, placed, planted, maintained or permitted to remain on any easement areas reserved for the installation and maintenance of utilities or drainage, as shown on the recorded plat of the Properties, if such wall, fence, structure, or planting would, to-wit: (i) damage or interfere with the installation or maintenance of any such utilities; or (ii) change the direction or flow of the surface water drainage channels in any such easement area, or; (iii) obstruct or retard the flow of water through any drainage channels over the easement area.
8. The exterior of any residence constructed on any Lot must be faced with siding of wood lap less than twelve inches wide or vinyl, metal, stucco, stone, or brick; provided, however, that in no event shall any side of any such single family residence substantially parallel to a front line and the dominant side of the residence be faced with less than thirty-five percent (35%) brick/stone or other decorative masonry product unless the home-style is a cape cod or colonial where the brick or stone front side requirement may, in the discretion of the Developer be waived. All exposed foundation walls of any single family residence constructed on any Lot shall be faced with stone, brick, stucco or siding. Chimneys of all fireplaces on any Lot shall be faced with stone or brick. Composite or fiberboard siding shall not be used. All out-buildings for the purpose of storage shall be constructed of wood or masonry construction.
9. 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 area of any Lot.
10. Any exterior air conditioning unit or system placed on any Lot must be located in the side or rear yard, and be screened by landscape shrubbery or fencing.
11. No noxious or offensive trade, activity or practice shall be carried on upon any Lot, nor shall anything be done on any Lot which may be or become an annoyance or nuisance to the neighborhood.
12. No trailer, mobile home, basement, tent, shack, barn or any other outbuilding erected in or on any Lot shall at any time be used as a residence, temporarily or permanent; nor shall any structure of a temporary character be used as a residence. No trailer, mobile home, motor coach, recreation vehicle or boat be stored or parked in any front or side yard of a Lot.
13. No nuisance, advertising sign, billboard, or other advertising device of any kind or type shall be permitted, erected, placed or suffered to remain on any Lot or on any structure or improvement located on any such Lot. No Lot shall be used in any way or for any purpose which may in any way may endanger the health or unreasonably disturb the peace and quiet of other Lot Owners. No business of any kind or anything that may be construed as a business of any kind may be conducted on or from any Lot; provided, however, that this paragraph shall not prevent nor prohibit the Developer from placing on any Lot owned by Developer, signs advertising the sale of such Lot or the Properties as a whole, and; provided, further, that this paragraph shall not prevent nor prohibit any Lot Owner, or his agent, from placing upon any Lot owned by such Lot Owner a “For Sale” sign, or a political yard sign.
14. Each Lot Owner, other than the Developer shall have and does hereby assume, any and all responsibility or liability for the construction and installation of public sidewalks parallel to each street which abuts the Lot or Lots owned by such Lot Owner. All sidewalks parallel to each street which abuts a Lot shall be constructed and paid for by such Lot Owner upon the later date of , to-wit: (i) the construction of the residence on Each individual Lot Owner, other than the Developer shall indemnify and save the Developer harmless from any liability or cost incurred in connection with the installation or payment of any public sidewalk parallel to each street which abuts the Lot owned by such Lot Owner.
15. Lot Owner or Lot Owner’s successor in interest shall commence construction on any Lot within thirty-six (36) months of the date of conveyance to the Lot Owner from the Developer. Once construction of any single family residence is begun on any Lot, such single family residence shall be completed, in accordance with the building and landscaping plans approved by the Developer within two (2) years. If Lot Owner or Lot Owners’ successor in interest fails to commence construction within the thirty-six (36) month period, then Developer shall have the option to purchase the Lot for the purchase price Lot Owner initially paid Developer for the Lot, subject to any special assessment liens, less any and all other liens secured against the Lot. Said option can be exercised by Developer at any time after the initital thrity-six (36) month period has expired and prior to the commencement of substantial construction of a residence. Whether substantial construction has or has not occurred shall be determined solely by the Developer.
16. All outdoor wiring for any Lot shall be placed underground. No wires for electric power, telephones, radios, televisions or for any other use shall be placed or permitted above the ground on any Lot except inside a residence. No aerials, antennas, television dishes or satellite dishes, poles, towers or other devices shall be placed or permitted above the ground on any Lot except when placed inside the residence constructed on any such Lot, below the roof line, Except, satellite dishes not exceeding 18 inches in diameter are excepted, so long as, the satellite dish is not mounted on the front side of the residence.
17. No animals, livestock or poultry of any kind may be raised, bred or kept on any Lot, except dogs, cats or other household pets; provided such dogs, cats or other household pets are not kept, bred or maintained for commercial purposes. No dog runs shall be located in a front yard nor within ten (10) feet of a side lot line unless in the back yard.
18. No Lot may be utilized, maintained or used as a dumping ground for rubbish, including but not limited to leaf and grass clippings. All waste, garbage and trash must be kept in sanitary containers and removed from such Lot on a weekly basis. No incinerators may be constructed or maintained upon any Lot. All Lots shall be kept free of debris and weeds and shall be kept mowed.
19. All sides of all fences facing outward from the Lot line regardless of type or style of material shall be finished.
20. Set back and side yard specifications shall be as required by the City of York, Nebraska, and all applicable zoning ordinances of said City of York shall be abided by and in full force and effect as concerns the use of the Properties hereinabove described.
21. The herein enumerated restrictions, rights, reservations, limitations, agreements, covenants and conditions shall be deemed as covenants and not as conditions hereof and shall run with the land and shall bind the Lot Owners, their successors, assigns, heirs and devisees.
22. The enforcement of these Covenants shall be by proceedings at laws or in equity, and may be instituted by either the Developer or any Lot Owner (including the Developer) against any person or persons violating or attempting to violate any provisions hereof. Such proceedings may be to restrain such violation or to recover damages, and may also be instituted to enforce any lien or obligation created hereby. If the Developer or any Lot Owner is successful in any action, whether at law or equity, to enforce any term or provision of these Covenants, then the Developer or the Lot Owner instituting such action, as the case may be, shall be entitled to an award of reasonable attorney’s fees and court costs, which shall constitute a lien on the Lot owned by the person against whom enforcement is sought. Failure by the Developer or Lot Owner, to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so.
23. The invalidation of any one of the Covenants or restrictions set forth herein shall not affect the validity of the remaining provisions hereof, all of which shall remain in full force and effect.
24. The Developer shall have the right in writing to grant or convey all or part of their rights to enforce these Covenants, conditions, reservations and restrictions to a homeowners association which may hereafter be created, at such time as the Developer in their exclusive judgment and discretion determine that said homeowners association is ready and able to undertake the obligation of enforcing them. Upon such written conveyance and grant of all or a part thereof, to said homeowners association, the homeowners association shall have and shall succeed to those rights conveyed and granted and duties as herein set forth.
25. The Covenants created herein may severally or may individually be terminated or amended by the holders of two-thirds (2/3 of the cumulative total of the voting rights of the Lot Owners. Each Lot Owner shall be entitled to one (1) vote for each Lot that he, she or its owns and the Property consists of Ten (10) Lots. In order to terminate or amend these covenants, the document terminating or mending must be in writing and prepared in recordable form to be indexed against the real estate affected herein.
IN WITNESS WHEREOF, the Developer has caused this RESTRICTIVE COVENANT AGREEMENT to be signed this 20th day of June, 2008.
Developer:
Greamy, LLC, a Nebraska Corporation
By_________________________________
Amy Wurst, Member/Manger
STATE OF NEBRASKA )
) ss.
COUNTY OF YORK )
The oregoing instrument was acknowledged before me this 20th day of June, 2008, by Amy Wurst, Member/Manager of Greamy, LLC of York, Nebraska, a Nebraska corporation, on behalf of the corporation.
Notary Public
My commission expires .