DECLARATION OF RESERVATIONS, continued
COMMITTEE OF ARCHITECTURE
DECLARANT shall appoint a Committee of Architecture hereinafter sometimes called "Committee" consisting of five (5) persons. Declarant shall have the further power to create and fill vacancies on the Committee and/or to assign to others the duties delegated to the Committee.
IT shall be the general purpose of this Committee to provide for the maintenance of a high standard of architecture and construction in such manner as to enhance the aesthetic properties and structural soundness of the developed Tract.
THE COMMITTEE shall be guided by and, except when in their sole discretion good planning would dictate to the contrary, controlled by these Reservations. The Committee shall make available a copy of these said Reservations to any and all lot owners upon request.
THE COMMITTEE shall determine whether the Conditions contained in this Declaration are being complied with.
THE COMMITTEE may adopt reasonable rules and regulations in order to carry out its duties.
THE COMMITTEE shall adopt reasonable rules and regulations for the conduct of its proceedings and may fix the time and place for its regular meetings and for such extraordinary meetings as may be necessary, and shall keep written minutes of its meetings, which shall be open for inspection to any lot owner upon the consent of any one of the members of said Committee. Said Committee shall by a majority vote elect one of its members as chairman and one of its members as secretary and the duties of such chairman and secretary shall be such as usually appertain to such offices. Any and all rules or regulations adopted by said Committee regulating its procedure may be changed by said Committee from time to time by majority vote and none of said rules or regulations shall be deemed to be any part or portion of said Covenants.
SAID CONDITIONS ARE AS FOLLOWS:
That all of the lots in this Tract, EXCEPT Parcels A thru C inclusive shall be designated as "AR" - AGRICULTURAL-RESIDENTIAL DISTRICT and shall be improved, used, and occupied in accordance with the provisions set forth under "AR" - AGRICULTURAL-RESIDENTIAL DISTRICT of this Declaration.
Parcels A thru C inclusive, shall be designated and remain "OS" - OPEN SPACE DISTRICT and shall be improved, used, and occupied in accordance with the provisions set forth under "OS" - OPEN SPACE DISTRICT of this Declaration.
The Committee of Architecture shall require not less than eight hundred (800) square feet in the dwelling portion of any residence exclusive of carport, garage, covered porches, contiguous patios, etc.
DECLARANT reserves the right to convey and/or dedicate rights of way and easements for public utilities, television and/or communication cables, and drainage purposes over a five foot strip of land within and along all side and rear lot lines of each and every lot, except as to all commercial zoned lots or parcels, and except as to any such easement along such side or rear lot lines as shown on the recorded map, together with the privilege to assign this right at any time, in Declarant's sole discretion, to Spring Creek Corporation, or its successors or assigns. This right shall run with the land for the time herein provided and as may be extended.
IN THE EVENT THAT ANY OF THE PROVISIONS OF THIS DECLARATION CONFLICT WITH ANY OF THE SECTIONS OF ELKO COUNTY ZONING ORDINANCE NO. 1968-D, AND ANY AMENDMENTS THERETO, AS APPLICABLE TO THIS TRACT, THE MORE RESTRICTIVE OF THE TWO SHALL GOVERN.
A. IMPROVEMENT STANDARDS
1. No building, including farm structures of any kind, fence, patio, or other structure shall be erected, altered, added to, placed, or permitted to remain on said lots or any of them or any part of any such lot until and unless the plans showing floor areas, external design, structural details, and the ground location of the intended structure along with a plot plan indicating the location of the sewage disposal system have been first delivered to and approved in writing by the Committee. The Committee may require a reasonable fee prior to checking or appraising said plans. On commercial structures submitted for approval, this Committee may require changes, deletions, or revisions in order that the architectural and general appearance of all such commercial buildings and grounds be in keeping with the architecture of the neighborhood and such as not to be detrimental to the public health, safety, general welfare of the community in which such use or uses are to be located. All residential, commercial and industrials structures shall conform to the requirements of the Uniform Building Code (Short Form), as published by the International Conference of Building Officials, current edition, and the requirements of the National Electrical Code, as published by the National Fire Protection Association, current edition, as a guide to sound construction and electrical installation practices and the Elko County Building Department, whichever are the more restrictive.
2. Notwithstanding any other provisions of this Declaration of Reservations, it shall remain the prerogative and in the jurisdiction of the Committee to review applications and grant approvals for exceptions to this Declaration. Variations from these requirements and, in general, other forms of deviations from these restrictions imposed by this Declaration may be made when and only when such exceptions, variances and deviations do not in any way, detract from the appearance of the premises, and are not in any way detrimental to the public welfare or to the property of other persons located in the vicinity thereof, all in the sole opinion of the Committee and in compliance with the requirements of the Elko County Planning Commission.
3. The designated maximum building height and minimum yard requirements may be waived by the Committee, when in their opinion, such structures relate to sound architectural planning and conform to the over-all design and pattern of the development and in conformance with the requirements of the Elko County Planning Commission.
B. DEFINITIONS
All definitions when used in this Declaration or any supplemental Declaration unless the context shall otherwise provide, shall have the same meaning as the definitions set forth in the current Elko County Zoning Ordinance No. 1968-D or as amended.
C. LAND USE AREAS -- GENERAL
The following provisions shall be applicable to all property regardless of classification:
1. Advertising:
No sign, advertisement, billboard or advertising structure of any kind shall be erected or allowed on any of the unimproved lots, and no signs shall be erected or allowed to remain on any lots improved or unimproved except as expressly provided in the "Uses Permitted" paragraph applicable to the particular type of land use area involved, provided, however, that a temporary permit for signs for structures to be sold or exhibited may be first obtained by application to the Architectural Committee. The Architectural Committee may approve the location of these signs within the front setback of the lot.
2. Air Conditioning Units:
No air conditioning unit, evaporative cooler, or other object other than a television or radio antenna shall be placed upon or above the roof of any dwelling or other building except and unless the same is architecturally concealed from view pursuant to plans submitted to and approved by the Committee of Architecture, and then only wherein the sole determination of the Committee of Architecture the same is not aesthetically objectionable, and is otherwise in conformity with the over-all development of the Community.
3. Animals-Livestock & Domestic:
No livestock will be permitted in the "R" zones of this Declaration. No livestock, other than horses where permitted, shall be allowed without first having received the approval of the Committee of Architecture. Domestic animals such as dogs, cats, or other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes and are not kept in quantities which create an annoyance or nuisance to the neighborhood.
Owners shall confine domestic animals to the limits of their property.
4. Building Exterior:
The exterior portions of all buildings shall be painted or stained immediately upon completion or shall have color mixed in the final structural application, so that all such materials shall have a finished appearance.
5. Clothes Lines:
Clothes lines shall be installed so as not to detract from the aesthetic value of the property and shall be so placed to be concealed from view from all public right of ways.
6. Easements:
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded map. Within these easements, as well as those otherwise reserved herein, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
7. Ecological Control:
Under no circumstances shall the owner of any lot or parcel of land disturb the natural soil, trees, or grasses unless the owner immediately thereafter, constructs improvements thereon, or paves or gravels or re-plants such disturbed areas, with ground cover approved by the Committee of Architecture.
8. Electrical Power:
No source of electrical energy shall be brought to the property or used upon the property until the Committee of Architecture has approved plans and specifications for the erection of approved improvements upon any lot.
9. Natural Flowing Springs or Creeks:
Under no circumstances shall any owner of any lot or parcel of land be permitted to obstruct, dam, or in any way divert water from a naturally flowing spring, creek, or irrigation ditch.
10. Nuisances:
No noxious or offensive activities 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.
11. Occupancy of Structures:
No structure shall be occupied or used for the purpose for which it is designed or built until the same shall have been substantially completed and a certificate to the effect shall have been issued by the Committee of Architecture.
12. Plumbing:
All structures shall have complete and approved plumbing installations before occupancy. Such plumbing shall conform to the requirements of the Uniform Plumbing Code as published by the International Association of Plumbing & Mechanical Officials, current edition, as a guide to sound plumbing practices.
13. Sewage Disposal Systems:
Where approved for such use, the design and construction of all individual sewage disposal systems shall be installed in compliance with health requirements of the local, county, or district health department. Size, design, and location of all individual systems shall be shown on the building plot plan.
14. Storage of Materials:
In any building project, respecting a particular lot, during construction and during the period of sixty (60) days after completion, a lot may be used for the storage of materials used in the construction of the individual buildings in the project and for the contractor's temporary offices. Including chemical toilets. Said construction period shall not exceed one hundred twenty (120) days, unless specifically approved by the Committee of Architecture.
15. Storage of Tools and Trash:
The storage of tools, landscaping instruments, household effects, machinery or machinery parts, boats, trailers, empty or filled containers, boxes or bags, trash, materials, or other items that shall in appearance, detract from the aesthetic values of the property, shall be so placed and stored to be concealed from view from all public right of ways. Trash for collection may be placed at the street right of way line on regular collection days for a period not to exceed twelve hours before pick up. Storage of junk, old inoperative un-licensed cars, and other unsightly objects on any lot or parcel is expressly prohibited.
16. Temporary Buildings:
No temporary buildings, including tents, shacks, shanties or other structures shall be erected or placed upon any lot and no temporary buildings including basements, cellars, tents, shacks, shanties, garages, barns or other temporary out-buildings or other similar structures shall at any time be used for human habitation. Notwithstanding the foregoing, a trailer may be used as a residence of the lot owner and his family or by a contractor during construction by or for such owner of a permanent residence, but only after a certificate in writing has been issued by the Committee of Architecture for such use and then only after the said Committee of Architecture shall have approved plans and specifications for the erection of the said permanent residence. In no event shall such trailer be allowed to remain on any such lot for longer than 180 days.
17. Unnatural Drainage:
Under no circumstances shall any owner of any lot or parcel of land be permitted to deliberately alter the topographic conditions of his lot or parcel of land in any way that would change the natural course of drainage to the detriment of any adjoining property or public right-of-way.
18. Use of Premises:
A person shall not use any premises in any land use area, which is designed, arranged or intended to be occupied or used for any purpose other than expressly permitted in this Declaration or in compliance with Elko County Zoning Ordinance whichever is more restrictive.
19. Wells:
No person shall be permitted to drill a well in those areas presently supplied with an existing piped domestic water distribution system or wherein such a system will be constructed within the four (4) year period commencing upon date of recordation of the particular map wherein such area is located pursuant to an agreement between Declarant, its sole beneficiary or the assignee thereof, and a bona fide utility. In any other areas, the lot owner shall be permitted to drill a well upon receiving approval from the Spring Creek Corporation or its assignee and complying with requirements of the governing agency.
D. USE AND MAINTENANCE OF COMMON RECREATION AREAS
1. Certain designated parcels and access roads within the area known as Spring Creek shall be owned, improved, operated and maintained by the Declarant or its sole beneficiary, or the assignee thereof, hereinafter for convenience designated the "Company", and all such parcels, together with the recreational facilities and road improvements situated or to be constructed thereon, shall be set aside for the common use and enjoyment of the owners, lessees, contract purchasers or other proper occupants of the lots situated in this tract and all future tracts within the boundaries of Spring Creek as defined in Exhibit "A" of this Declaration of Reservations. Subject to the provisions hereinafter set forth, each person or entity who owns a fee interest in all or part of any lot in Spring Creek, or who is the lessee of any such owner, or who has entered into an agreement to purchase any such lot in Spring Creek, shall have the right to share equally in the use and enjoyment of said parcels, access roads, and recreation facilities, herein called the Common Recreation Facilities. The Company may establish, maintain and enforce such written rules and regulations for the use of the Common Recreation Facilities as it may, from time to time, deem appropriate. Copies of such rules and regulations shall be made available to all of such lot owners, lessees, and contract purchasers.
2. By entering into an agreement to acquire a lot in Spring Creek, or by accepting conveyance of any such lot, the contract purchaser or owner of each lot agrees to pay to the Company, as compensation for the privileges herein granted, such amount as may be assessed ratably against said contract purchaser or owner by the Company each month. The assessments shall be uniform against all lots without regard to the extent of use or non-use of the Common Recreation Facilities by the owner, lessee, contract purchaser or occupant of any lot. The aggregate amount assessed per lot shall not at any time exceed $144.00 per year, provided that this maximum charge may, at the Company's option, be periodically increased at the same proportionate rate as the cost of living index of the U.S. Department of Labor shall increase above such index as fixed on the first day of June, 1971.
3. Any and all charges made by the Company under this section shall, at the time of any assessment provided herein, constitute a lien in favor of the Company on the lot against which made, and shall be payable as hereinafter provided. Each such assessment shall also constitute the personal obligation of the owner or contract purchaser of the lot upon which it is a lien. The Company shall be entitled to enforce its lien hereunder by following the procedure provided by Nevada Law for the enforcement of mechanic's and materialmen's liens, except that the enforceability of any such lien shall not depend upon any action by the Company, nor the timeliness thereof, in filing a claim for payment of charges or assessments secured by such lien, nor shall any failure by the Company to assert or file such a claim at any time, with respect to any particular charge or assessment, constitute or to be construed to constitute a waiver by the Company of any such charge(s) or assessment(s). Any claim against the Company shall not constitute a defense or offset in any action by the Company for non-payment of any amounts which may be assessed hereunder. Any lien created hereby shall be subject and subordinate to the lien of any mortgage or deed of trust now or hereafter placed upon the lot.
4. The Company shall construct, operate, care for and administer the Common Recreation Facilities, shall install and maintain such landscaping therefor as the Company shall deem desirable, and shall undertake the removal of all rubbish, trash and unsightly objects to the extent necessary, in its sole discretion, to provide a pleasant appearance.
5. The lot assessment for each month shall become due and payable upon the same date on which the corresponding month's payment is due on the purchase of said lot. Where title to a lot has been conveyed, however, the assessment for each month shall become due and payable on or before the tenth day of the next succeeding month. Payment of assessments shall be made to the Company or its designee.
6. The right of the owners, lessees, contract purchasers or other proper occupants of subdivision lots to use and enjoy the Common Recreation Facilities is and shall remain subject to the right of the Company to suspend the same for any period during which any assessment remains unpaid, provided that no such suspension of rights to use and enjoy said Facilities shall qualify or affect the continuing obligation of the lot owner or contract purchaser to pay each and every monthly assessment hereunder in full and in a timely manner.
7. The Company shall at the expiration of the twelve year period following the date this Declaration is recorded in Elko County, Nevada create, or cause to be created, a Nevada non-profit corporation composed of Spring Creek property owners, possessing all or part of the rights, power, and authority held by it under the terms of this Declaration, which shall have for its principal purpose the ownership, operation, maintenance and administration of all or any material part of said designated parcels, recreation facilities, and road improvements. Each lot owner or contract purchaser in Spring Creek shall automatically become, by virtue of such ownership and throughout the time such ownership shall continue, a member of such non-profit corporation and shall have the rights and privileges of membership as set forth in the articles and by-laws thereof. Said articles and by-laws shall have the form and content deemed appropriate by the Company in its sole discretion, subject to the foregoing provisions and the limitations of applicable laws of the State of Nevada. The Company shall at any time after formation of said non-profit corporation convey all or any part of said parcels and/or facilities (the Common Recreation Facilities) thereto, without cost, and the Company may enter into one or more agreements therewith covering construction, operation, and maintenance of said facilities or any part thereof. Upon delivery of such conveyance and/or documents of transfer, the non-profit corporation shall be deemed entirely substituted for the Company to the extent of all areas described therein, and all facilities and improvements situated thereon, or facilities and improvements otherwise transferred, and the Company shall thereupon be relieved from, and shall no longer be liable for, the ownership, operation, maintenance and administration of areas and facilities so conveyed and/or transferred, nor shall the Company retain any right, title or interest in or claim to any lands, properties or other assets so conveyed, transferred or assigned to such non-profit corporation. Notwithstanding any of the provisions of this paragraph, the rights of the lot owner or contract purchaser shall not in any way be abridged, nor shall his or its duties or obligations be enlarged, by the formation of such non-profit corporation, or by the Company's transfer or conveyance of any such properties or facilities thereto in the manner herein set forth.
