DECLARATION

OF COVENANTS, CONDITIONS, AND RESTRICTIONS

FOR BLOCK 31 in BUCCANEER BAY

 

THIS DECLARATION, made on the date hereinafter set forth by BAY HILLS LIMITED PARTNERSHIP, a Nebraska limited partnership, hereinafter referred to as the "Declarant",

                                                             

WITNESSETH:

 

          WHEREAS, the Declarant is the owner of the following described real property:

 

Lots 1 through 14, inclusive, and 22 through 57, inclusive, all in Block 31, Buccaneer Bay - Replat II, a subdivision as surveyed, platted and recorded in Cass County, Nebraska

and

 

Lots 15R through 21R, inclusive, in Block 31, Buccaneer Bay Administrative Replat III, a subdivision as surveyed, platted and recorded in Cass County, Nebraska, and

 

          WHEREAS, the Declarant will convey said Lots, subject to certain protective covenants, conditions, restrictions, reservations, liens, and charges as hereinafter set forth,

 

          NOW, THEREFORE, the Declarant hereby declares that all of the Lots described in Article I.C. below shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and  conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said Lots in the Properties.  These easements, covenants, restrictions, and conditions, shall run with said real property, and shall be binding upon all parties having or acquiring any right, title or interest in the above described Lots, or any part thereof, and they shall inure to the benefit of each Owner thereof and the Owners of all other Lots in the Properties.

 

ARTICLE I

DEFINITIONS

 

          A. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

 

          B. "Properties" shall mean and refer to all of Lots 1 through 14, inclusive, and 22 through 57, inclusive, all in Block 31, Buccaneer Bay - Replat II, a subdivision as surveyed, platted and recorded in Cass County, Nebraska, and Lots 15R through 21R, inclusive, in Block 31, Buccaneer Bay Administrative Replat III, a subdivision as surveyed, platted and recorded in Cass County, Nebraska.

 

          C. "Lot" shall mean and refer to each of Lots 1 through 14, inclusive, and 22 through 57, inclusive, all in Block 31, Buccaneer Bay - Replat II, a subdivision as surveyed, platted and recorded in Cass County, Nebraska and Lots 15R through 21R, inclusive, in Block 31, Buccaneer Bay Administrative Replat III, a subdivision as surveyed, platted and recorded in Cass County, Nebraska.

 

          D. "Declarant" shall mean and refer to Bay Hills Limited Partnership, a Nebraska limited partnership, and its successors and assigns.

 

          E. "Architectural Control Committee" shall mean the individual or committee appointed by the Declarant, and its successors and assigns.

 

          F. “Living Area” shall mean finished, habitable space, measured to the exterior of the enclosing walls and does not include porches, stoops, breezeways, courtyards, patios, decks, basements, garages or carports.

 

ARTICLE II

ARCHITECTURAL CONTROL

 

 A. No dwelling, fence, wall, pathway, driveway, patio, patio cover or enclosure, deck, rock garden, garden, treehouse, swimming pool, television or radio antenna, satellite dishes, flag pole, solar collecting panels or equipment, tool sheds, accessory buildings or other external improvements, above or below the surface of the ground shall be built, erected, placed, planted, altered, or otherwise maintained or permitted to remain on any Lot, nor shall any grading, excavation, or tree removal be commenced without express prior written approval of the Declarant through its Architectural Control Committee, or its permission by implied approval procured in the manner set forth below.

 

          B. The Declarant, through its Architectural Control Committee, shall consider general appearance, exterior color or colors, architectural character, harmony of external design and location in relation to surroundings, topography, location within the Lot boundary lines, quality of construction, size and suitability for residential purposes as part of its review procedure.  Only exterior colors of certain earthtone hues, or other unobtrusive colors as determined by the Architectural Control Committee in its sole and absolute discretion will be acceptable.  The Architectural Control Committee specifically reserves the right to deny permission to construct or place any of the above‑mentioned improvements which it determines will not conform to the general character, plan and outline for the development of the Properties.

 

          C. Documents submitted for approval shall be clear, concise, complete, consistent and legible.  All drawings shall be to scale.  Samples of materials to be included in the improvement may be required of the applicant at the discretion of the Architectural Control Committee.  If submittals for the approval shall be made in duplicate, the comments and actions of the Architectural Control Committee will be identically marked on both copies of said submittals.  One copy will be returned to the applicant, and one copy will be retained as part of the permanent records of the Committee.  If only one set of documents is submitted, it will be retained by the Committee and the comments and action of the Architectural Control Committee will be sent by letter to the applicant.  Each applicant shall submit to the Architectural Control Committee the following documents, materials and/or designs.

 

                   1. Site plan indicating specific improvement and indicating Lot number, street address, grading, surface drainage and sidewalks.

 

                   2. Complete construction plans, including but not limited to, basement and upper floor plans, floor areas of each level, wall sections, stair and fireplace sections and exterior elevations clearly indicating flues or chimneys, type and extent of siding, roofing, other faces and/or veneer materials.

 

          D. The approval or disapproval of the Architectural Control Committee as required in these Covenants shall be in writing.  Failure of the Architectural Control Committee to give either written approval or disapproval of submitted plans within thirty (30) calendar days after receipt of all of the documents required above, by mailing such written approval or disapproval to the last known address of the applicant as shown on the submitted plans, shall operate as a waiver of the requirements for approval by the Architectural Control Committee for the submitted plans.

 

ARTICLE III

RESTRICTIONS FOR RESIDENTIAL DWELLINGS

 

          A. Residential Lots.  All Lots shall be subject to the following restrictions.

 

                   1. The Lot shall be used only for residential purposes and no Lot shall contain more than one (1) dwelling unit and one (1) approved detached garage or accessory building.

 

                   2. No dwelling unit shall be created, altered, placed or permitted to remain on any Lot unless said dwelling unit shall conform to the following requirements.

 

                             a. Each one story dwelling unit shall contain no less than 1,400 square feet of Living Area above the basement level and exclusive of garage area.

 

                             b. Each one and one-half or two story dwelling unit shall contain no less than 1,700 square feet of total Living Area above the basement level with a minimum of 900 square feet on the main floor, exclusive of garage area.

 

                             c. Other dwelling unit styles not described in a. and b. above will be permitted only if approved by the Architectural Control Committee and shall not be approved unless they are compatible with other homes to built on the Properties in the opinion of the Architectural Control Committee in it sole and absolute discretion.

 

                              d. All buildings and improvements on all Lots shall comply with the set back requirements of the Zoning Code of Cass County for Buccaneer Bay as the same may be amended from time to time, however, no building shall be built nearer than twenty (20) feet to the side lot line or nearer than twenty (20) feet to the rear lot line.

 

          B. General Restrictions.  All dwelling units described in A above shall comply with the following restrictions.

                   1. All dwelling units shall have attached, enclosed, side‑by‑side, two (2) car garages minimum which must contain area of not less than four hundred (400) square feet.  Other or additional garages may be permitted at the discretion of the Architectural Control Committee.

 

                   2. For the purposes of these restrictions, two‑story height shall, when the basement is exposed above finish grade, be measured from the basement ceiling on the exposed side(s) to the eave of the structure on the same side(s).  The maximum height of the dwelling shall be two (2) stories.  The basement is not considered a story even if it is one hundred percent (100%) above grade on one or more sides, and essentially below grade on one or more sides.  

 

                   3. Exposed portions of the foundation on the front of each dwelling are to be covered with clay‑fired brick or stone even if a portion of those exposed foundations may be perpendicular, or nearly so, to the affronting street. Exposed portions of the foundation on the rear or sides of a dwelling shall be covered with clay‑fired brick, stone, siding or shall be painted.

 

                   4. No fences may be built closer to any adjoining street than the property line.  On lots adjacent to the Golf Course no fence may be built closer to the lot line which adjoins the golf course than the building setback line of that lot line. Fences shall be subject to the approval of the Architectural Control Committee referred to above.  Wire or chain‑link fences shall not be permitted. Temporary or permanent barbed wire, electrified, and/or snow fences are strictly prohibited.

 

                   5. In the event that a fireplace, including a direct-vent fireplace, is constructed as a part of a dwelling on any Lot and said fireplace and/or the enclosure for the fireplace flue, is constructed in such a manner so as to protrude beyond the outer perimeter of the wall of the front of the dwelling, the enclosure of the fireplace and flue shall be constructed of, or finished with, clay-fired brick or stone.  If the fireplace, including a direct-vent fireplace, and/or the enclosure for the fireplace flue is constructed in such a manner so as to protrude beyond the outer perimeter of the wall of the side or rear of the dwelling, the enclosure of the fireplace and flue may be constructed of, or finished with, the same material as is the dwelling at the point from which the fireplace and/or the flue protrudes.  If more than one fireplace is planned, all shall comply with the above requirements.  The part of the pre-fabricated metal furnace flues that protrude from the roof of a dwelling must be painted and no furnace flue may protrude more than five (5) feet from the roof of the dwelling, as measured from the top cap of the flue to the point from which the flue emerges from the roof.  All furnace flues must be located on the rear side of the roof ridge.

 

                   6. No structure of a temporary character, trailer, basement, tent, shack, barn or other out building shall be erected on said Lot or used as a residence, temporarily or permanently.  No full or partial subterranean dwellings shall be constructed or erected on any Lot.  No dwelling shall be moved from outside of the Properties onto any of said Lots.  However, this prohibition shall not apply to panelized construction if approved by the Architectural Control Committee. 

 

                   7. No primary flat or mansard roof shall be permitted on any dwelling.  All dwellings shall be roofed with roofing materials which have the approval of the Architectural Control Committee in its sole and absolute discretion.

 

8.  The Declarant has created a water drainage plan by grading the Properties to slope from the center of the street, downward and across or toward the rear of each lot, in accordance with accepted engineering principles.  It is imperative that the outer twenty (20) feet of each side and rear yard areas, and the front seven (7) feet of each lot remain unchanged with the exception of approved driveway construction and approved fences.  No building shall be placed, nor shall any Lot be graded, to interfere with such water drainage plan nor cause damage to neighboring buildings or lots nor to cause ponding of water on the lot or on adjacent property.

 

                   9. All driveways shall be constructed of portland cement concrete or asphaltic material, and shall be constructed to slope downward, at a minimum 1% grade from the edge of the paved portion of the street to a point seven (7) feet inside the property line.  The minimum 1% grade shall be maintained throughout the yard from lot line to lot line to assure that no water will pond within forty (40) feet of the center line of the street.

 

                    10. No stable or other shelter for any animal, livestock, fowl or poultry shall be erected, altered, placed or permitted to remain on any Lot.  No animals, livestock, fowl, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats, or other household pets maintained within the dwelling may be kept, provided that they are not kept, bred or maintained for any commercial purpose and, provided, that they are kept confined to the Lot of their owner and are not permitted to run loose outside the Lot of the Owner.

                  

                   11. No incinerator, or trashburner shall be permitted on any Lot.  No garbage, trash can or container shall be permitted to remain outside of any dwelling or approved accessory building unless completely screened from view from every street and from all other lots in the subdivision.  No garden, lawn or maintenance equipment of any kind whatsoever shall be stored or permitted to remain outside of any dwelling or approved accessory building except while in actual use.  No non-retractable clothesline shall be permitted outside of any dwelling at any time.  Any exterior air conditioning condensing units or heat pump units shall be placed in the rear or side yard of the dwelling, but in no case closer than fifteen (15) feet to the neighboring property line. 

 

                   12. No automobile, boat, camping trailer, van‑type campers, auto‑drawn trailer of any kind, mobile home, motorcycle, snowmobile, or other self‑propelled vehicles shall be stored or maintained outside of the garage or approved accessory building.  For purposes of the preceding provision, "stored or maintained outside of the garage or approved accessory building" shall mean, parking the vehicle or trailer on the driveway, or any part of the Lot, outside of the garage or approved accessory building for four (4) or more consecutive days.  All repair or maintenance work on automobiles, boats, camping trailers, van‑type campers, auto‑drawn trailers of any kind, mobile homes, motorcycles, snowmobiles or other self‑propelled vehicles done on the premises must be done in the garage or approved accessory building.  The dedicated street right‑of‑way located between the pavement and the lot line of any residential Lot shall not be used for the parking of any vehicle, boat, camper, or trailer.  Automobiles and other self‑propelled vehicles parked out‑of‑doors within the premises above‑described, or upon the streets thereof, must be in operating condition.

 

                   13. All Lots shall be kept free of rubbish, debris, merchandise and building material;  however, building materials may be placed on Lots when construction is started on the structure intended for such Lot.  In addition, vacant Lots where capital improvements have not yet been installed shall not be used for dumping of earth, concrete, or any other waste materials, and shall be maintained level and smooth enough for machine mowing.  No vegetation on Lots where capital improvements have not yet been installed, shall be allowed to reach more than a maximum height of twelve (12) inches except for approved native grass areas and as otherwise provided herein.

 

                   14. Except for the purpose of controlling erosion on vacant Lots, no field crops shall be grown upon any Lot at any time.

 

                   15. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood, including, but not limited to, odors, dust, glare, sound, lighting, smoke, vibration and radiation. 

 

                   16. A dwelling on which construction has begun must be completed within one (1) year from the date the foundation was dug for said dwelling.

 

                   17. All areas, of each improved lot, shall be maintained with structures, surfacing, lawns, vegetation, gardens, landscaping, or natural treed areas, all of which shall require prior written approval by the Architectural Control Committee.  Small vegetable gardens shall be permitted only if maintained in the designated rear yard of any Lot, behind a line parallel with the rear of the dwelling and within the side setback lines on said Lot. 

 

18.  No residential dwelling shall be occupied by any person as a dwelling for such person until the construction of such dwelling has been completed, except for minor finish details as determined and approved by the Architectural Control Committee.

 

19.  No streamers, poster, banners, balloons, exterior illumination or other rallying devices will be allowed on any Lot in the promotion or sale of any Lot, dwelling or property unless approved by the Architectural Control Committee in writing.  No advertising sign or posters of any kind shall be erected or placed on any of said Lots, except that residential "For Sale" signs, not exceeding six (6) square feet in size, shall be permitted and, provided further, that such restriction as to sign size shall not apply to any sign erected by the Declarant, or his agents, in his development of Buccaneer Bay or signs approved by the Architectural Control Committee in writing.

 

                   20. None of said Lots shall be subdivided, split or in any manner combined with any other Lot, or portion of any other Lot, without approval of the Architectural Control Committee in writing.

 

ARTICLE IV

GENERAL PROVISIONS

 

          A. The Declarant, or its assigns, or any Owner of a Lot within the Properties, shall have the right to enforce by proceeding at law or in equity, all restrictions, conditions, covenants, and reservations, now or hereafter imposed by the provisions of this Declaration, either to prevent or restrain any violation of same, or to recover damages or other dues for such violation. Failure by the Declarant or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.  Further, in addition to its authority allowed by law,  SID 5 of Cass County, Nebraska shall have the right to enforce by proceeding at law or in equity any provisions of this Declaration relating to the streets or any other SID facilities.

 

          B. The Covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty‑five (25) years from the date this Declaration is recorded.  This Declaration may be amended by the Declarant, or any person, firm, corporation, partnership, or entity designated in writing by the Declarant, in any manner it shall determine in its full and absolute discretion for a period of five (5) years from the date hereof.  Thereafter this Declaration may be amended by an instrument signed by the Owners of not less than seventy-five percent (75%) of the lots in the Properties.

                                                                                        

          C. Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other provisions hereof which shall remain in full force and effect.

 

IN WITNESS WHEREOF, the Declarant has caused these presents to be executed this _______ day of September, 2008.

 

                                                          DECLARANT:

 

                                                          BAY HILLS LIMITED PARTNERSHIP,

                                                          A Nebraska limited partnership

 

                                                          BY: DODGE LAND CO., a Nebraska corporation,

                                                          the sole General Partner

 

 

                                                          BY:                                                              

                                                                W. L. Morrison, Jr., President

STATE OF NEBRASKA         )

                                      ) ss.

COUNTY OF DOUGLAS       )

 

On this _______ day of September, 2008, before me the undersigned, a Notary Public in and for said County and State, personally came W. L. Morrison, Jr., known to me to be the President of Dodge Land Co., a Nebraska corporation, which corporation is the sole general partner of Bay Hills Limited Partnership, a Nebraska limited partnership, and who acknowledged the execution to be the voluntary act and deed of such corporation, and the voluntary act and deed of said limited partnership.

 

Witness my hand and official seal the day and year last above written.

 

 

                                                                          ____________________________

                                                                             Notary Public