North Townhome Covenants

The text of the covenants document is provided below. It has been taken from a scanned original signed on May 25, 2004.

RESTRICTIVE COVENANTS
Thompson Creek Original Addition
North Townhome Properties

The undersigned is the titleholder of record (“Titleholder”) of the following-described real estate:

Lots 1-12, Block 3; Lots 1 & 2, Block 6; and Lots 1-12, Block 7, Thompson Creek Addition, Lincoln, Lancaster County, Nebraska, individually referred to as a “Townhome Lot” and collectively referred to as the “North Townhome Properties”.

The titleholder of a Townhome Lot is referred to as a “Townhome Owner”.

EXISTING COVENANTS

Restrictive Covenants have been established for the Thompson Creek Development, which were recorded on May 27, 2004, as Instrument No. 2004-34792 for single family properties in the Thompson Creek Addition and are referred to as “Covenants.”

ADDITION OF PROPERTIES

Pursuant to paragraph 28 of the Covenants, the undersigned Titleholder and Owner under the Covenants is exercising its right to add additional real estate to the Properties. The North Townhome Properties are hereby added to the Properties and are made subject to the Covenants as well as the Townhome Covenants which follow.

TOWNHOME COVENANTS

Thompson Creek North Townhome Association (“Townhome Corporation”) may be incorporated in Nebraska by any Townhome Owner for the purposes of enforcing the Townhome Covenants established upon the North Townhome Properties; providing services to the Townhome Owners and performing such enforcement services required by the Covenants to the North Townhome Properties as may be delegated to it by the Corporation.

The following covenants shall be binding solely upon the North Townhome Properties and are intended to provide for the unique characteristics of these type of dwellings.

PARTY WALLS. Each wall which is built as a part of the original construction of a dwelling within the North Townhome Properties and placed on the dividing line between two adjoining lots shall constitute a party wall.
The cost of reasonable repair and maintenance of a party wall shall be shared by the titleholders of the Townhome Properties who make use of a party wall in proportion to such use.

If a party wall is destroyed or damaged by fire or other casualty, any titleholder of a lot who has used the wall may restore it. If any other titleholder subsequently makes use of the wall, they shall contribute to the cost of restoration in proportion to such use.

Notwithstanding any other provision of this paragraph, a titleholder who by their negligence or willful acts or omissions causes the party wall to be destroyed, damaged or otherwise exposed to the elements shall bear the whole cost of furnishing the necessary protection against the elements and the cost of restoration.

The right of any titleholder to contribution from any other titleholder under this paragraph shall be appurtenant to the land and shall pass to such titleholder’s successors in interest.

Should a dispute arise concerning a party wall under these Townhome Covenants the parties are encouraged to resolve their dispute pursuant to the Dispute Resolution Act, Neb. Rev. Stat. § 25-2901 to 25-2920 prior to filing a lawsuit. No legal action with respect to a party wall dispute shall be commenced or maintained unless and until the parties have utilized the Dispute Resolution Act
ENCROACHMENTS. When a building shall be constructed on any lot so as to encroach upon the adjoining lot within the North Townhome Properties, the member who is the titleholder of the lot with the encroaching building shall have an easement upon the adjoining lot to the extent of the encroachment. Any expense of maintenance, repair or replacement of the encroaching building shall be borne by the member who is the titleholder of the lot with the encroaching building. The provisions of this paragraph shall not operate to relieve any member from any liability which the member may incur by reason of negligent or willful acts or omissions resulting in damage to the encroaching building.
COMMON UTILITY LINES. When any utility line shall be constructed on two or more adjoining lots with the North Townhome Properties, each member who is the titleholder of one of the adjoining lots shall have an easement for the maintenance, repair and replacement of the utility line upon all of the adjoining lots, which easement shall be appurtenant to the interest requisite for membership. Any expense of maintenance, repair or replacement of the utility line shall be borne equally by the members who are the titleholders of such adjoining lots. The provisions of this paragraph shall not operate to relieve any member from any liability which such member may incur by reason of negligent or willful acts or omissions resulting in damage to the utility line.
TOWNHOME CORPORATION MEMBERSHIP AND RESPONSIBILITIES: The Townhome Corporation shall:
1. Membership. Every Townhome Owner shall be a member of the Townhome Corporation. However, any person or entity who holds such interest merely as security for the performance of an obligation shall not be a member. Each member of the Townhome Corporation shall be entitled to all the rights of membership and to one vote for each lot.
2. Grounds Maintenance. The Townhome Corporation shall (subject to Townhome Owner approval as provided for below) provide to the North Townhome Properties grounds maintenance which may include mowing and maintenance of each member’s lawn, trees and shrubs; repair and placement of the lawn sprinkler system and snow removal from the public sidewalk, front stoop and driveway. In the event any improvements, such as fences, planters or similar obstructions or plantings, such as gardens, shrubs, plants or trees, increase the cost to the Townhome Corporation of performing ground maintenance service for any lot, the additional cost shall to be paid by the Townhome Owner, or the improvements or plantings shall be removed by the Townhome Owner, or the Townhome Corporation may discontinue this service without any reduction to the dues or assessments paid by the Owner. The cost for these grounds maintenance services shall be paid only by the Townhome Owners that receive these services.
3. Additional Townhome Corporate Authority. The Townhome Corporation may exercise all rights granted to the Corporation in, by or through the Covenants on the Townhome Properties as if the Townhome Corporation were the Corporation.
4. Delegation. The Corporation may elect to delegate the Townhome Corporation any of its duties under the Covenants as they relate to North Townhome Properties
GENERAL STANDARDS FOR DWELLING STRUCTURES. The following general standards of development shall guide the Developer and Owner in the review of any plans for dwelling structures submitted for approval within the North Townhome Properties. These standards shall not be relied upon, interpreted or applied as absolute requirements for plan approval. The Developer, with the consent of the Owner shall have the right, in its sole and absolute discretion, to modify the application and interpretation of these standards when exercising its plan approval authority within the North Townhome Properties. The authority of Developer under this paragraph shall be assumed by the Townhome Corporation when units have been constructed upon seven (7) of the Townhome Lots. The Owner shall have the right to reduce, increase or otherwise explicitly modify these standards within other additions to the Properties.
1. Minimum Floor Area. The minimum floor area for any dwelling exclusive of basements, garages, porches, patios, decks or enclosed decks shall be as follows:
  1. Single story ranch style: 1,200 sq. ft.
  2. One and one-half story: 1,600 sq. ft.
2. Setbacks. Setbacks of dwellings from the lot line are established as follows:
  1. Interior Lots: 15 feet from the front lot line for dwellings with side entry garages and 20 feet for those with front entry garages; and 5 feet from any side lot line.
  2. Corner Lots: Front setback line for corner lots to be determined by Owner and 5 feet from any side lot line.
  Owner shall have the right to vary the setbacks within the limits established by the Lincoln Zoning Ordinance
3. Exterior Finish
  1. Approval. The original exterior finish materials and colors shall be approved by the Developer.
  2. Front Elevation. The front elevation of any dwelling shall be faced with 50% brick or 30% stone/stucco.
  3. Side and Rear Elevation. The side· and rear elevations shall be faced with cement board siding, stucco or high quality vinyl of 50 ml or greater thickness.
  4. Exposed Foundation. Exposed foundation walls shall not exceed 30 inches and shall be painted or sided to match the exterior color scheme of the dwelling.
  5. Roofing Materials. Roofing materials shall be equal to or better than architectural-grade shingle which provides an appearance of depth, such as the Horizon shingle.
4. Garages. Side entry garages are preferred and shall be set back a minimum of 15 feet from the front lot line·. Front facing garages shall be set back from the front lot line a minimum of 20 feet.
5. Roof Pitches. All roof pitches facing a street shall be a minimum of 6:12 for or as may otherwise be dictated by a unique architectural style.
6. Solar Panels. No solar panels shall be allowed upon any dwelling within the North Townhome Properties and shall not be located in any required yard or upon any accessory structure.
GENERAL STANDARDS FOR IMPROVEMENTS AND STRUCTURES OTHER THAN DWELLINGS. The following general standards shall be satisfied in the construction and installation of improvements and structures other than the dwelling. Written approval for other improvements and structures is not required but shall comply with these standards. The Townhome Corporation and Townhome Owners shall have the right to enforce these standards.
1. Fencing. Fencing, walls or other structures shall not be constructed within the North Townhome Properties.
2. Accessory Structures. Accessory structures such as storage sheds and playhouses shall not be constructed within the North Townhome Properties nor shall any driveway be expanded to a width of more than 22 feet upon any Townhome Lot.
3. Mailbox. Standard development neighborhood MBU mailboxes are required as well as lighted address letters/plaques.
4. Public Sidewalk. The public sidewalk shall be of 4 feet stamped concrete using the Owner’s approved stamp for the Thompson Creek development.
5. Dog Kennels. Dog runs and kennels shall not be permitted within the North Townhome Properties.
6. Satellite Dish. Any satellite dish shall be located and screened so as to be as unobtrusive as is reasonably possible.
7. Landscaping. All front, side and rear yard areas shall be seeded or sodded within six (6) months after completion of any dwelling constructed within the North Townhome Properties.
NORTH TOWNHOME PROPERTIES MAINTENANCE. Each Townhome Owner shall be responsible for the proper upkeep, care, maintenance and exterior appearance of the improvements located upon their Townhome Lot for the purpose of maintaining a high quality and attractive development. Specific rules, regulations, requirements and specifications further implementing this provision may be adopted by not less than seven (7) of the Townhome Owners and with written notice shall be binding upon and enforceable by the Townhome Corporation and any Townhome Owner against all North Townhome Properties. In the event any Townhome Owner fails or refuses to perform any required townhome maintenance, the Developer or Townhome Corporation after seven (7) days notice to the member in default, may perform the required work or maintenance. The actual cost of performing the work or maintenance together with a 10% administrative fee shall be the personal obligation of the member who is or was the Townhome Owner of the lot failing to perform their maintenance obligations, shall bear interest at the rate of 14% per annum and shall be a lien upon the lot assessed.
NORTH TOWNHOME PROPERTIES PETS. Domestic pets have the potential to create significant nuisance problems within the North Townhome Properties. Each Townhome Owner shall be responsible for controlling all domestic pets and preventing them from becoming an annoyance, nuisance, or unreasonably disturbing the quiet of any other Townhome Owner. Specific rules, regulations, and requirements further implementing this provision (including the banning of individual animals, types of animals, or specific breeds) may be adopted by not less than seven (7) of Townhome Owners and with written notice shall be binding upon and enforceable by the Townhome Corporation and any Townhome Owner against all North Townhome Properties.
TOWNHOME OWNER APPROVAL. The provision of grounds maintenance to the North Townhome Properties provided for in paragraph 4 above shall be mandatory for all North Townhome Properties.
TOWNHOME COVENANT AMENDMENTS. These Town home Covenants shall run with the land and shall be binding upon and enforceable by the Owner and all persons claiming under the Owner. These Townhome Covenants may be terminated or modified, in writing, by two-thirds of the Townhome Owners, at any time.
ENFORCEMENT. The enforcement of these Townhome Covenants may be by proceedings at law or in equity against any person violating or attempting to violate any provision hereof. The proceedings may be to restrain the violation, or to recover damages and by the Corporation, may be to enforce any lien or obligation created hereby.
SEVERABILITY. The invalidation of any one of the Townhome Covenants shall not affect the validity of the remaining provisions hereof.

PURPOSE OF RESTATEMENT

The following Restated Restrictive Covenants are intended by the Owner to restate the existing Covenants which have been recorded against the Properties and make the North Townhome Properties subject to the terms, conditions and requirements of the Covenants.

RESTATED RESTRICTIVE COVENANTS

See Original Addition Covenants.

RESTRICTIVE COVENANTS Thompson Creek Original Addition North Townhome Properties