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DECLARATION
OF PROTECTIVE COVENANTS
LEGACY
FARMS
Page
1 of 4
THIS
DECLARATION is made on December 12, 2002, by Legacy Farms, LLC, a Nevada
limited liability corporation (the Declarant).
RECITALS
Declarant
is the owner of that certain real property located in the County of
Washoe, State of Nevada, described in the Supplemental Declaration attached
hereto as Exhibit "A" and made a part hereof and contemplates
developing the same into lots and parcels.
Declarant intends to sell and convey lots and parcels within Exhibit
"A" and before doing so, desires to impose upon them mutual
and beneficial restrictions, covenants, equitable servitudes and charges
under a general plan or scheme of improvement for the benefit of all
of the lots and parcels therein and the owners and future owners thereof.
NOW, THEREFORE, Declarant desires that all of the Exhibit "A"
land and all the lots and parcels therein, as hereinafter defined are
held and shall be held, conveyed, hypothecated, or encumbered, leased,
rented, used, occupied and improved, subject to the provisions of this
Declaration, all of which are declared and agreed to be in furtherance
of a plan for the development, improvement and sale of said lots and
parcels, and are established and agreed upon for the purpose of enhancing
and protecting the value, desirability and attractiveness thereof. The
provisions of the Declaration are intended to create mutual equitable
servitudes upon each of said lots and parcels in favor of each and all
other lots and parcels; to create reciprocal rights between the respective
owners of all such lots and parcels; to create a privity of contract
and estate between the grantee of such lots and parcels, their heirs,
successors and assigns; and shall, as to the owner of such lot or parcel,
his heirs, successors or assigns operate as covenants running with the
land for the benefit of each and all other such lots and parcels in
the development as hereinafter defined and their respective owners,
present and future.
I.
DEFINITIONS. The following terms as used in this Declaration are defined
as follows:
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A.
"Articles" means the Articles of Incorporation of the
Association.
B. "Association" means Legacy Farms Homeowners
Association, the property owner's association with is a Nevada
nonprofit corporation.
C. "Board" means the Board of Directors
of the Association.
D. "By-Laws" means the By-Laws of the Association.
E. "Committee" means the Legacy Farms Architectural
Review Committee.
F. "Common Area" means all of the real property
designated as such in the Supplemental Declaration; all real property
which may be later described by supplemental declarations as common
area; and all real property acquired by the Association, whether
from Declarant or otherwise, together in each instance with all
improvements which may at any time be constructed thereon and
owned by the Association, including, but not limited to recreational
and community facilities, lakes, parks, paths and trails. Common
area, as used in this Declaration does not include land owned
in common or held in undivided interests by owners of multiple
family dwellings within the development.
G. "Declarant" means the Declarant above
named and any other developer of any portion of the Legacy Farms
LLC, its successors and assigns.
H. "Declaration" means this Declaration
of Protective Covenants and any amendments hereto.
I. "Development" means all that real property
situate in the County of Washoe, State of Nevada, described in
the Supplemental Declaration and all other real property which
may be described in additional supplemental declarations recorded
from time to time with the Washoe County Recorder, which development
is commonly known as Legacy Farms.
J. "Improvements" means all buildings, outbuildings,
streets, roads, trails, pathways, driveways, parking areas, fences,
retaining and other walls, docks, piers, landscaping, light standards,
antenna and any other structures of any type or kind.
K. "Land Owned in Common" means land owned
in common or held in undivided interests by the owners of multiple
family dwellings.
L. "Lot" means any numbered single family
lot shown on a map, or any living unit in a multiple family area
shown on a map. Land owned in common as part of a common family
dwelling shall not be considered to be a separate lot for purposes
of this Declaration.
M. "Map" means the maps of the development
as they are from time to time recorded.
N.
O. "Owner" means:
1. Any person or legal entity, including Declarant,
who holds fee simple title to any lot, unit, or parcel within
the development.
2. Any person or legal entity who has contracted
to purchase fee title to a lot pursuant to a written agreement
recorded in the Washoe County, Nevada Recorderís Office,
in which case the seller under said agreement shall cease to
be the owner while said agreement is in effect; or
3. A lessee of a lot under a recorded lease from
the owner of fee simple title to said lot for a term of not
less than fifty (50) years, in which case the lessor under said
lease ceases to be the owner while said lease is in effect.
4. Owner does not include the Association.
P. "Parcel" means any portion of the development
other than a lot or common area.
Q. "Single Family Dwelling" means a residential
structure for the owner and his immediate family, his casual guests
and his domestic servants and domestic employees, which dwelling
is constructed on a lot designated in the Supplemental Declaration
as a single family residential lot.
R. "Supplemental Declaration" means:
1. The recorded Supplemental Declaration of Declarant
attached hereto as Exhibit "A"; or
2. In the case of parcels being subsequently annexed
to the development, the recorded Supplemental Declaration of
a Declarant which incorporates the provisions of this Declaration
therein by reference. In either event, the Supplemental Declaration
shall include a description of the real property covered thereby
subject to the provisions of this Declaration and shall designate
the permitted uses of such property.
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II.
LAND USE. Lots and parcels in the Supplemental Declaration shall be
designated therein as to their permissible uses and shall thereupon
become subject to the restrictive or other provisions of this Declaration
relating to such uses. In the event a use is designated for which no
such provisions are contained herein (e.g. single family dwelling, etc.),
the same may be set forth in such Supplemental Declaration. Only activities
connected with the designated uses may be carried out on any lot or
parcel. There shall be no use of a lot or parcel other than the designated
use.
A.
Single Family Residential. Only single family dwellings and such outbuildings
as are usually accessory thereto and as may be permitted by the Committee
shall be permitted on any lot designated as single family residential.
The following restrictions shall specifically apply to such lots.
1.
Minimum Area. Each dwelling constructed shall have fully enclosed
floor area (exclusive of roofed or unroofed porches, terraces, garages,
carports, guest houses or other outbuildings) not less than twenty-four
hundred (2,400) square feet.
2. Height Limitation. No structure or portion thereof
(except chimneys) constructed on any lot within the development shall
extend to a point higher than that designated for such lot on an applicable
supplement to this Declaration of Protective Covenants filed with
the Washoe County Recorder from time to time with respect to each
unit of the development, which supplement shall be so filed prior
to the Declarant conveying any lots within any such unit. In the absence
of such filing, height limitations within any unit shall be those
for each lot within such unit established by the Committee.
3. Building Envelope. The Declarant shall establish a
building envelope and recommended point of access for each lot. This
envelope will be bases [sic] upon the topography of the lot, itís
relationship to neighboring lots, and any unique feature that the
lot may have such as trees, meadows, rock outcroppings, etc. The size
and shape of the building envelope may vary from lot to lot. If, in
the opinion of the Declarant certain lots do not warrant the establishment
of a specifically designated envelope, the envelope for those lots
shall be set according to the normal setbacks of the governing local
agency for that type of lot. In general, all building construction
shall be confined to the building envelope area. If, in the opinion
of the Committee, the building envelope shall cause the lot owner
undue hardship in locating his home or accessory improvements, variances
may be permitted by the Committee. Any such variance must be in writing
and signed by the chairperson of the Committee.
B.
Common Areas. All areas in the development designated as common areas
(owned and to be owned by the Association) are and shall remain private
property and Declarant's recordation of a map showing such common areas
shall not e construed as a dedication to the public of any such common
areas located therein.
1.
Ownership. Declarant will convey all such common areas to the Association
(except as set forth herein) free and clear of all liens and encumbrances
(other than liens for taxes), but subject to such easements and rights-of-way
as then appear of record, such conveyances shall be accomplished in
segments from time to time as improvements, if any, to be located
thereon as shown on the recorded maps of the development are completed.
2. Use. The use and enjoyment of said common areas and
improvements thereon, whether before or after conveyance to the Association,
shall be subject to the powers of the Association as set forth in
its articles and by-laws and to such rules and regulations governing
the use of such property and improvements as may from time to time
be adopted by the Board of the Association.
3. Maintenance. Maintenance of such common areas and repairs
to any improvements thereon shall be the obligation and responsibility
of Declarant until conveyance thereof to the Association; thereafter,
the Association shall have the sole responsibility therefor.
4. Subsequent Dedication. At any time after conveyance
to the Association of any common areas, the Association may, upon
the affirmative vote of seventy percent (70%) of its memberships offer
any such property for dedication to public use. Such offer shall be
subject to acceptance by the appropriate governmental authority pursuant
to its then applicable standards. During the period of control of
the Association by Douglas Brunson or Edward McCaffery, or the survivor
of them or their successors, as set forth hereinafter in Section V.B.,
none of the common areas of the Association shall be offered for dedication.
(Continued on Page 2)
DECLARATION
OF PROTECTIVE COVENANTS 1, 2, 3,
4
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