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DECLARATION
OF PROTECTIVE COVENANTS
LEGACY
FARMS
Page
4 of 4
VI.
ASSESSMENTS.
A. General. Pursuant to the powers granted to it in its
Articles and By-Laws, the Association is hereby expressly authorized
and empowered to levy annual and special assessments against all lots
in the development, including those of Declarant. Such assessments shall
be uniform as to membership class.
B. Annual Assessments. Within thirty (30) days prior to
the commencement of each calendar year, beginning with the year 1985,
the Board shall consider the current and future needs of the Association
(excluding expenditures for which special assessments may be levied),
and in light of those needs shall fix by resolution the amount of annual
assessment for such purposes, other than capital improvements for acquisitions,
to be levied against each in the development, which amount shall be
a debt of the owner thereof at the time such charge is made. Prior to
January 1, 2004, all costs of undertaking and carrying out the duties
of Association shall be paid by Declarant, its successor or assigns.
C. Special Assessments. Special assessments may be made
by the Board upon an affirmative vote of majority of the memberships
representing lots so assessed, upon a determination by the Board that
such assessment is necessary for capital improvements of Association
property or for purposes related to the health, safety and/or welfare
of such lot owners or for the acquisition of additional Association
property or for the benefit of Association members. No such special
assessment shall be levied without benefit of a hearing for which at
least twenty (20) daysí written notice shall be given to all
affected lot owners. Special assessments may be made by the Board against
any lot without notice or hearing to secure the liability of the owner
thereof to the Association arising out of any breach of he provisions
of this Declaration by such owner, which breach shall require the Association
to expend funds by virtue thereof.
D. Notice. The secretary shall mail to each owner whose
lot is assessed, at such ownerís address within the development,
written notice of each annual or special assessment and the time and
manner for payment thereof at least two (2) weeks prior to the time
such assessment is due and payable to the Association.
E. New Units. The lots in new units shall be subject to
pay the next installment of the previously established annual or special
assessment after first sale of a single family lot by the developer
thereof.
F. Collection and Lien. Annual assessments shall be paid
either quarterly in January, April, July and October on the first day
of each of said months or monthly on the first day of each month as
determined by the Board. The amount of any special assessment levied
by the Association shall be paid to it on or before the date fixed by
resolution of the Board. If any assessment payment is not paid on the
date required, with ten (10) days grace, the entire amount of such assessment,
including any deferred portion of any annual or special assessment,
plus any other charges thereon, including interest at fifteen percent
(15%) per annum from date of delinquency and cost of collection, including
attorneyís fees, if any, shall constitute and become a lien on
the lot or parcel so assessed when the Board causes to be recorded in
the Office of the Washoe County, Nevada Recorder a notice of delinquent
assessment, which shall state the amount of such assessment, interest,
costs, fees, and any other charges, a description of the lot parcel
[sic] which has been assessed, and the name of the record owner of the
property. (see NRS 278A.150). Such notice shall be signed by the President
or Secretary of the Association on behalf of the Association. Upon payment
of said assessment and charges or other satisfaction thereof, the Board
shall within a reasonable time cause to be recorded a further notice
stating the satisfaction and the release of said lien.
G. Priority of Lien. Conveyance of any lot shall not affect
any lien for assessments provided herein. Such lien shall be prior to
all other liens and property taxes recorded subsequent to said notice
of assessment.
H. Enforcement. The lien provided for herein may be enforced
by the sale of the property which is subject to a notice of delinquent
assessment, such sale to be made by the Association or any of its authorized
officers or attorneys in accordance with the provisions of Covenants
number 6, 7 and 8 of NRS 107.030 and in accordance with the provisions
of NRS 107.080 and 107.090 applicable to the exercise of powers of sale
in deeds of trust, or in any other manner provided by law. In exercising
the power of sale herein contained, the Association shall be deemed
to occupy the position of Trustee and Beneficiary and the delinquent
lot owner the position of defaulting Trustor. In addition to the above-enumerated
items constituting the lien, the Association may also realize from the
sale the costs of such sale together with a reasonable attorneyís
fee. The Association may be a bidder at the sale. All sales shall be
conducted in accordance with the provisions of NRS 278A.150 and 178A.160.
I. Proof of Payment. Upon request, the Association shall
furnish a statement certifying that all assessments then due have been
paid or indicating the amount then due.
J. Suspension. The Association shall not be required to
transfer memberships on its books or to allow the exercise of any rights
or privileges of membership, including voting rights, on account thereof
to any owner or to any person claiming under them unless or until all
assessments and charges to which they are subject have been brought
current.
K. Fiscal Year. The Board may adopt a fiscal year other
than the calendar year.
VII. EASEMENTS.
A. Reservation. The following easements also constituting
irrevocable licenses over each lot or parcel and the common areas and
the rights of ingress and egress to the extent reasonably necessary
to exercise such easements and irrevocable licenses are reserved to
Declarant and its licensees and where applicable for the benefit of
the Association, the Declarant, its successors and assigns.
1. Utilities. Such utility easements as are shown on maps
of various units within the Legacy Farms development recorded from
time to time together with the right to extend all utility services
within such easements to other areas being developed within the development
itself for installation, maintenance and operation of all utilities,
including street lights and the accessory right to locate or to cut,
trim or remove trees and plantings wherever necessary in connection
with such installation, maintenance and operation.
2. Shoreline Maintenance. A ten (10) foot wide strip coincident
with the shoreline of any lake or watercourse in the development for
the purpose of shoreline clean-up and maintenance, if any.
3. Slope and Drainage. A ten (10) foot wide easement across
all lot lines coincident with street right-of-way lines for the purpose
of cutting, filling, drainage and maintenance of slopes and drainage
courses.
4. Paths, Trails and Greenbelts. An easement on, over
and under all paths, trails and greenbelts in the development for
the purpose of installing, maintaining and operating utilities thereon
or thereunder to all portions of the over-all Legacy Farms for purposes
of drainage control; for access to any lot or parcel within the development;
and for the purposes of maintenance of such paths, trails and greenbelts
and for providing access to undeveloped portions of the development
for any purposes at any and all times, including, but not by way of
limitation, the right to use said paths, trails and greenbelts during
construction of improvements on undeveloped portions of the development
as may be necessary from time to time in connection with maintenance
and repair and operation of any lake, ditch or stream.
5. Other Easements. Any other easements shown on the maps
of the development recorded from time to time with the Washoe County,
Nevada Recorder.
6. Transfer of Easements. A conveyance of common areas
to the Association shall transfer to such Association all easements
herein reserved to Declarant which are necessary or convenient to
the obligation of the Association to carry out its duties prescribed
herein and in its Articles and By-Laws, which transfer shall not diminish
the rights in and to said easements herein reserved. Nothing set forth
herein shall be construed to impose on Declarant any duty or obligation
of maintenance of paths, trails and greenbelts, utility lines, common
areas or improvements thereon after conveyance of the common areas
on which such may be located to the Association, except that Declarant
shall maintain such improvements until January 1, 2004. Declarant
reserves to itself and its licensees the right to extend any and all
utility lines (water, sewer, electrical, etc.), roads and any other
improvements necessary to complete the entire development and as may
be necessary with respect to the Legacy Farms project as a whole,
except that the roads shall not be extended beyond the development,
except for fire and emergency roads as required by the County of Washoe
or the City of Reno.
B. Use or Maintenance by Owners. The areas of any lot affected
by the easements reserved herein shall be landscaped and maintained
continuously by the owner of such lot, but no structures shall be placed
or permitted to remain or other activities undertaken thereon which
may damage or interfere with the use of said easements for the purposes
herein set forth.
C. Liability for Use of Easement. No owner shall have any
claim or cause of action against any Declarant or the Association or
their respective successors and assigns arising out of the use or nonuse
of any easement reserved hereunder or shown on the map, by any person.
D. Modification. None of the easements and rights granted
under this Section VII may be modified, terminated, or abridged without
the written consent of the persons in whose favor such easements run.
VIII. ANNEXATION.
A. Property to be Annexed. Additional units may from time
to time be annexed to the Association by filing a supplemental declaration
adopting this Declaration of Protective Covenant, provided that only
such units as constitute portions of the development may be annexed.
B. Manner of Annexation. A Declarant shall effect such annexation
by recording a map of the real property to be annexed and by recording
a supplemental declaration which shall:
1. Describe the real property being annexed and designate
the permissible uses thereof;
2. Declare that such annexed property is held and shall
be held, conveyed, hypothecated, encumbered, leased, rented, used,
occupied and improved subject to the provisions of this Declaration;
and
3. Set forth any new or modified restrictions or covenants
which may be applicable to such annexed property. Upon the recording
of such map and supplemental declaration, the annexed area shall become
a part of the development and shall be subject to the provisions hereof,
as supplemented, as fully as if such area were part of the development
on the date of recording of this Declaration.
IX. REMEDIES.
A. Enforcement. Declarant and each person to whose benefit
this Declaration inures, including the Association, may proceed at law
or in equity to prevent the occurrence, continuation or violation of
any provision of this Declaration, and the court in such action may
ward the successful party reasonable expenses in prosecuting such action,
including attorneys' fees. If funds are required to commence an action,
a special assessment may be imposed on the lots affected to cover such
costs.
B. Suspension of Privileges. The Board may, anything herein
to the contrary notwithstanding, suspend all voting rights and all rights
to use the Associationís common areas of any owner for any period
during which any Association assessment against such ownerís
property remains unpaid, or during the period of any continuing violation
of the provisions of this Declaration by such owner after the existence
thereof has been declared by the Board, including a violation by virtue
of the failure of a member to comply with the rules and regulations
of the Association.
C. Cumulative Rights. Remedies specified herein are cumulative
and any specifications of them shall not be taken to preclude an aggrieved
partyís resort to any other remedy at law or in equity. No delay
or failure on the part of any aggrieved party to invoke an available
remedy in respect of a violation of any provision of this Declaration
shall be held to be a waiver by that party of any right available to
him upon the recurrence or continuance of said violation or the occurrence
of a different violation.
X. GRANTEE'S ACCEPTANCE. Each grantee or purchaser of any lot or parcel
shall, by acceptance of a deed conveying title thereto, or the execution
of a contract for the purchase thereof, whether from Declarant or a
subsequent owner of such lot or parcel, accept such deed or contract
upon and subject to each and all of the provisions of this Declaration
and to the jurisdiction, rights, powers, privileges and immunities of
Declarant and of the Association. By such acceptance such grantee or
purchaser shall for himself, his heirs, personal representatives, successors
and assigns, covenant, consent and agree to and with Declarant, and
to and with the grantees and subsequent owners of each of the other
lots or parcels in the development to keep, observe, comply with and
perform all of the provisions of this Declaration and shall further
agree to the continuation to completion of the development and all parts
and projected units therein in substantially the manner heretofore approved
by the Regional Administrative Planning Commission.
XI. SEVERABILITY. Every provision of the Declaration is hereby declared
to be independent of and severable from every other provision hereof.
If any provision hereof shall be held by a court of competent jurisdiction
to be invalid or unenforceable, all remaining provisions shall continue
unimpaired and in full force and effect.
XII. Captions. Paragraph captions in this Declaration are for convenience
only and do not in any way limit or amplify the terms or provisions
hereof.
XIII. TERM AND AMENDMENT. The provisions of this Declaration shall affect
and run with the land and shall exist and be binding upon all parties
claiming an interest in the development until January 1, 2023, after
which time the same shall be extended for successive periods of ten
(10) years each. Prior to January 1, 2023, this Declaration shall be
amended (except for Paragraph VI.B. which may not be amended without
the consent of Brunson and McCaffery, and except as to any rights set
forth herein in favor of Declarant) by the affirmative vote of seventy
percent (70%) of the then owners of all lots in the development entitled
to vote and thereafter by a majority of said owners by recording an
amendment to this Declaration duly executed by (a.) the requisite number
of such owners required to effect such amendment; or (b.) by the Association,
in which latter case such amendment shall have attached to it a copy
of the resolution of the Board attesting to the affirmative action of
the requisite number of such owners to effect such amendment, certified
by the secretary of the Association.
XIV. INTERPRETATION. The Association shall have sole right and authority
to interpret any of the provisions of this Declaration of Protective
Covenants, which interpretation shall, so long as the same is reasonable,
be conclusive.
XV. DISCLAIMER OF LIABILITY. Declarant disclaims any liability for repairs
or maintenance of roads, or other improvements, including utility lines
located within the common areas of the development from and after the
date of conveyance of such common areas to the Association.
IN WITNESS WHEREOF, Declarant has executed this Declaration the day
and year first above written.
DECLARANT
LEGACY FARMS LLC
By Edward B. McCaffrey, III
Edward B. McCaffrey, III, Managing Member
STATE OF NEVADA )
)
ss.
COUNTY OF WASHOE )
On this December 12, 2002, personally appeared before me, a Notary Public
Edward B. McCaffery, III, who acknowledged that he executed this Declaration
of Protective Covenants on behalf of Declarant, Legacy Farms LLC.
_________________________
Notary Public
By Douglas Brunson
Douglas Brunson, Managing Member
STATE
OF NEVADA )
)
ss.
COUNTY OF WASHOE )
On this December 12, 2002, personally appeared before me, a Notary Public
Douglas Brunson, who acknowledged that he executed this Declaration
of Protective Covenants on behalf of Declarant, Legacy Farms LLC.
_________________________
Notary Public
DECLARATION
OF PROTECTIVE COVENANTS 1, 2,
3, 4
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