PRAIRIE RIDGE PROTECTIVE COVENANTS
Amended February 15, 1999
KNOW ALL PERSONS BY THESE PRESENTS:
The undersigned, Herbert Development, Inc., of Lincoln, Lancaster County, Nebraska, hereinafter known as the Owner, is the owner of a tract of real estate more particularly described on 'Exhibit A', which is attached hereto and incorporated herein by this reference as if fully set forth (hereinafter referred to as the “Property”), and;
WHEREAS, the Owner is currently in the process of final platting and subdividing the Property for residential building sites; and
WHEREAS, the Owner desires to establish a uniform plan for residential development of the Property, and
WHEREAS, the Owner desires to provide for the maintenance, preservation of, and snow removal from the Common Areas (as hereinafter defined); and
WHEREAS, there has been or will soon be incorporated under the laws of the State of Nebraska, a non-profit corporation under the name and style of Prairie Ridge Homeowners Association (hereinafter the “Corporation”), for the purpose of enforcing the covenants and restrictions created and established against and upon the Property and for the purpose of maintaining the Common Areas located on the Property.
NOW THEREFORE, the Owner does hereby create, establish and adopt the following covenants, and restrictions against and upon the Property. These covenants supersede any other covenants filed for Prairie Ridge:
All lots herein described shall be used exclusively for private, single family dwellings, not to exceed two stories in height, and a private garage of a minimum two-car capacity and a maximum three-car capacity, which such garage must be attached to the dwelling. Any residence construction on any Lot shall be completed within one (1) year after the commencement of construction. Additionally, storage sheds or other detached buildings are not permitted. Amended September 18, 2023: Storage sheds shall be the only type of detached building allowed on the individual's property. The shed must meet Prairie Ridge Home Owner's Association criteria and approval by the board.
Only one shed is allowed per resident lot.
Shed color and roof style must be consistent with the property home.
The shed shall be built per City of Lincoln codes meeting setback requirements and permit requirements (permits are obtained through the city of Lincoln).
The shed shall be anchored with posts cemented in concrete or a poured concrete slab foundation.
Shed walls shall consist of wood with the outer walls being covered with paint or vinyl siding. Plastic, PVC, or other pre-made sheds will be allowed if approved by the Board of Directors.
Shed size shall not exceed 120 square feet with its length not to be greater than 12 feet, width no greater than 10 feet, and its wall height not being greater than 9 feet.
Sheds will only be allowed at the back of the lots (for corner lots, areas that would be considered not fronted to the streets). Written permission will be given by the Board of Directors.
If not approved:
If shed plans, specification, and/or layout is disapproved, the Board of Directors will indicate required changes to the applicant, and, upon making those required changes, the applicant may resubmit the request to build the shed for written approval.
Failure by an applicant to carry out any of the above criteria, as determined by the Board of Directors, in constructing and maintaining their shed, shall be cause for the removal of the shed at the applicant's expense. //end September 18, 2023 amendment
No dwelling shall be located on any lot nearer that 25 feet to the front lot line, nor nearer than 5 feet to each side lot line. In the case of a corner lot, the dwelling shall not be nearer than 25 feet to the side street lot line. Required side yards for townhouse lots shall be 5 feet on the non-party wall side and 0 feet on the party wall side. The following lots are townhouse lots: Lots One (1) through Ten (10) inclusive, Block One; Lots One (1) through Eight (8) inclusive, and Twenty-four (24) through Thirty-five (35), inclusive, Block Two; Lots Two (2) through Five (5) inclusive, Block Three; Lots One (1) and Two (2), inclusive, Block Five, all in Prairie Ridge Fourth (4th) Addition, Lincoln, Lancaster County, Nebraska.
The main floor area of the dwelling building, exclusive of open porches, terraces, and garages, shall not be less than 900 square feet in area and not less than 1,500 square feet combined total for all floors in the case of a one and one-half story or two-story dwelling; not less than 1,100 square feet in area in the case of a one-story dwelling. The Corporation determines finished square footage by measuring to outside walls, including interior fireplaces; the staircase twice (once each for main level and second level); and every location in which the floor joists project from the foundation or exterior wall of main level. The Corporation does not include: window boxes, where the floor joists do not project from the foundation or exterior wall of main level; exterior fireplaces; decks; patios; porches; storage areas; basements or any other unfinished areas. The exterior of any dwelling erected on any lot shall consist of not less than 60% brick or stone veneer, the secondary side facing the street shall consist of brick or stone veneer from ground level to the first level floor joists unless specifically excepted in writing by the Company. The roof pitch of any dwelling erected on any lot shall be a minimum of a 5/12 (or 5 inches rise vertically for every 12 inches horizontally).
Not more than one dwelling shall be built upon any lot except that nothing herein contained shall prevent the construction of one dwelling on a portion of two or more lots; in such case restrictions pertaining to the side lot lines shall be construed to apply to the side lines of such tract.
The construction of a dwelling or garage shall not be commenced until written approval is first secured from the Corporation, of the building plans, which said plans must show the size, exterior material, design and plot plan, and indicate the location of the dwelling and garage upon the lot(s). The Corporation reserves unto itself, its successors and assigns, the sole right to approve or reject any such building plans, if in its opinion, either the size, materials, design, or plot plan do not conform to the general standard of development in said area. “Geodesic dome” and “earth homes” are prohibited. To insure the enforcement of this provision, one set of said plans, signed by the Owner shall be left on permanent file with the Corporation. This provision shall remain in full force and effect until at least January 1, 2005, and shall thereafter continue in full force and effect until terminated by the Corporation.
No recreational vehicles, including but not limited to self-propelled mobile homes, campers, trailers, and or boats shall be stored or parked upon any lot within the Properties except within an enclosed structure. Provided, such vehicles may be temporarily parked or stored upon lots within the Properties for periods of time not to exceed fourteen (14) days per year.
No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
No trailer, basement, tent, shack, barn, or any other outbuilding, erected in or on any lot, shall at any time be used as a residence, temporary or permanent, nor shall any structure of a temporary character be used as a residence.
No house or building which has been prefabricated shall be permitted to be placed or erected on any lot; and no building of any kind whatsoever shall be moved onto any lot; except that the Owner may use temporary buildings for storage of tools, and materials during construction of homes and development of subdivision. Amended April 16, 2010: Exception to the Protective Covenant shall be for the placement or construction of a storage shed meeting the criteria specified under protective covenant #1.//end April 16, 2010 amendment
No nuisance, advertising sign, billboards, or other advertising device shall be permitted, erected, placed, or suffered to remain upon any of said lots; and said lots shall not be used in any way or for any purpose which may endanger the health or unreasonably disturb the quiet of a holder or owner of any adjoining lot; this covenant shall not prevent the Owner from placing signs advertising the lots in the subdivision upon any lots owned by the Owner. This covenant shall not prevent the Corporation from building ornamental structures at subdivision entrances. This covenant shall not prohibit a lot owner, builder, or realty representative from placing advertising signs on lots they own.
No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose.
No antenna of any kind shall be placed or permitted except inside a residence. Satellite dishes 18 inches or smaller in diameter and which are attached to the residence shall be permitted. Alternate placement of acceptable satellite dishes must first be approved in writing by the Prairie Ridge Homeowners Association Board of Directors.
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the plat of Prairie Ridge as filed with the Register of Deeds, Lancaster County, Nebraska.
The Owner expressly reserves to itself, its successors and assigns, the sole and exclusive right to establish grades and slopes on all lots and to fix the grade at which any dwelling shall hereinafter erected or placed thereon so that all the same may conform to the general plan, and at any time to add to the subdivision of the property known as Prairie Ridge.
Any Lot Owner, except for the Owner, of a Lot which abuts or is adjacent to a public supersede, as shown on the Final Plat of all or any portion of the Property, shall install and maintain such a sidewalk. Sidewalks shall be constructed and paid for by such Lot Owner upon the latter date of: (1) the construction of a single family residence on such Lot, or; (2) whenever required by the Corporation, whichever is first.
Construction or location of any fence or other improvements which obstruct drainage shall be prohibited over, upon, or under any storm drain easements or drainage easements. Further, any and all fences must comply with all applicable codes or ordinances and are subject to the following additional restrictions: must be constructed with good quality, generally accepted fencing materials (no poultry fence, livestock gates, snow fences, etc.; no fence shall be located within the 25-foot setback from any street; no fence with street frontage shall exceed 6 feet in height. Fences shall be maintained to appropriate and acceptable condition and appearance. Fences shall be constructed in such a way as to have the finished side exposed to the street or neighbor, and the unfinished side exposed to the fence-owners property.
The Commons and Common Areas, shall be deemed to mean all Common Pedestrian Walkways which abut two or more Lot Lines, Outlot B and Outlot C as designated on the Final Plat for Prairie Ridge Second Addition; provided that said Final Plat has been filed with the Register of Deeds of Lancaster County, Nebraska.
The Commons and all utilities located within the Commons shall be permanently repaired and maintained by the Corporation.
Every person or entity who is or shall become a record owner of a fee or undivided fee interest in any Lot shall be a member of the Corporation; provided, however, that any such person or entity who holds an interest merely as a security for the performance of an obligation shall not be a member.
The Corporation shall have two classes of Membership:
Class "A" Memberships shall include all Members of the Corporation except the Owner. Each Class “A” Member of the Corporation shall be entitled to all the rights of Membership and to one vote for each Lot in which the interest requisite for Membership is held; provided, however, that no more than one vote shall be cast with respect to any such Lot.
Class “B” Memberships shall include only the Owner or its assigns, who shall be entitled to two (2) votes for every Lot owned by the Owner; provided, however, that for each conveyance of a Lot by the Owner to any Class “A” Member, the number of votes entitled to be cast by the Class “B” Member shall be reduced by two (2).
Each Member of the Corporation shall have the right to use and enjoy the Commons and shall have an easement over and upon the Commons for the use and enjoyment thereof, which shall be appurtenant to and shall pass with the interest requisite for Membership held by such member; provided, however, that no Lot Owner shall construct any structures, nor plant any plants on the Commons without the prior written consent of the Corporation.
The rights of the Members of the Corporation in and upon the Commons shall be subject to the following:
(a) All easements shown upon any Final Plat of any portion of the Property recorded with the Register of Deeds of Lancaster County, Nebraska;
(b) The right of the Corporation, as provided in its Articles of Incorporation and Bylaws to suspend the use of the Commons by any Member for a period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any other infraction of the published rules and regulations governing the use and maintenance of the Commons;
(c ) The right of the Corporation to dedicate or transfer all or any part of the Commons to any public agency, authority, or utility and to such conditions as may be agreed to by the Members; provided, however, that any such dedication or transfer shall be approved by a majority vote at a regular meeting of the Members, providing notice of the proposed dedication or transfer be contained in the notice of such special meeting;
(d) The dedication and transfer of the ponds, water detention areas, and green areas to the City of Lincoln on behalf of the public;
(e) The use of the Commons Pedestrian Walkways comprising of part of the Commons by the general public pursuant to a public easement granted or to be granted by the owner.
Except for the duty and obligation of each individual Lot owner to maintain and repair the supersede abutting their respecting Lots, as here in set forth, the Corporation hereby covenants, and each Member of the Corporation by the acceptance of a deed by which the interest requisite for Membership in the Corporation is acquired, shall be deemed to covenant to maintain and repair the landscaping of the Commons, and water detention areas, and to remove snow from the Common Pedestrian Walkways comprising a part of the Commons. This covenant by the Members shall be satisfied by the payment of a general annual assessment and/or a general special assessment for the administration of the Corporation, and the maintenance and repair of the Commons. Such annual and special general assessments shall be a lien upon the Lot against which such assessments are made and shall also be the personal obligation of the Member who is, or was, the record owner of the Lot assessed at the time of such general assessment. Each Lot shall be equally liable for the total annual and special general assessments.
The lien of such annual and special general assessments shall be subordinate to the lien of any first mortgage or first deed of trust now or hereafter placed upon the Lot against which such assessment is made.
Annual general assessments shall be made by the Board of Directors of the Corporation for maintenance of the water detention areas, and green areas comprising a part of the Commons, for the payment of taxes and special assessments levied against the Commons by the City of Lincoln, Nebraska, subsequent to the execution and recordation of the Protective Covenants, and for snow removal for the common Pedestrian Walkways comprising a part of the Commons. Special general assessments for capital improvements of the water areas, and green areas comprising a part of the Commons may be made by the Board of Directors; provided, however, that such assessments for capital improvements shall be approved by the affirmative vote of two-thirds of the Members entitled to vote, present in person or by proxy, at a regular meeting of the Members or at a special meeting of the Members, provided notice of such special general assessments shall be contained in the notice of such special meeting.
The Corporation shall provide for the landscaping upkeep and maintenance of water detention areas, and green areas comprising a part of the Commons as may be determined by the Corporation to be in the best interests of the Corporation and the public, and shall annually assess the Lots and Members for upkeep and maintenance of the water detention areas, and green areas, including the payment of taxes and special assessments levied by the City of Lincoln or Lancaster County. Such general assessments shall be assessed by the Corporation to its members and shall be a lien on the Lot and a personal obligation of the record title holders as set forth in paragraphs 22, 23 and 24 herein.
All Lot Owners and members of the Corporation agree to abide by all rules and regulations promulgated by the Corporation.
These covenants and restrictions shall run with the Property and shall be binding upon and enforceable by the Owner, the Corporation, all Members of the Corporation, any Lot Owner and their respective heirs, personal representatives, successors and assigns for a period of twenty-five (25) years from and after the date of recordation of these covenants and restrictions with the Register of Deeds of Lancaster County, Nebraska, and shall be automatically extended for successive periods of ten (10) years thereafter, unless an instrument executed by the Corporation approved by a two-thirds (2/3) vote of the Membership of the Corporation shall have been recorded with the Register of Deeds of Lancaster County, Nebraska, agreeing to a termination or modification of these covenants. Any decision approved by a two-thirds (2/3) vote of the Membership of the Corporation concerning the interpretation of these covenants or the compliance or noncompliance with these Protective Covenants or any structure placed on any Lot, shall be binding upon all Lot Owners.
The enforcement of these covenants and restrictions shall be by proceedings at law or in equity 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, by the Corporation, to enforce the payment of any assessment or any lien or obligation created hereby. If any action is brought in any court to enforce the terms or provisions of any of these covenants, or to collect any unpaid assessment against any Lot, then if the person instituting such proceeding is successful, if he or she shall also be entitled to an award of all costs and fees (including reasonable attorneys fees) incurred in connection with such proceedings.
Any instrument amending, modifying, abrogating or canceling these Protective Covenants pertaining to the structure, existence or financing or the Corporation must be approved by the City of Lincoln in writing and recorded before it shall be affective.
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.
Dated February 15, 1999.
//Signatory// Pam Barger
//Signatory// Kay Drwal
//Signatory// Vicki Cox
//Signatory// Chris Carroll
//Signatory// Brandi Brown
// Signed // City Attorney’s Office
18 February 1999
Approval of Protective Covenants for limited purposes of conveying maintenance of commons to the Home Owners Association.