Welcome to Heritage Square - an
Einspahr Construction development!
RESTATED DELCARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS FOR LOTS 1 THROUGH 10 OF HERITAGE SQUARE ADDITION
TO THE CITY OF FREMONT, DODGE COUNTY, NEBRASKA, NOW REPLATTED INTO
LOTS 1R THROUGH 14R REPLAT OF HERITAGE SQUARE ADDITION TO THE CITY
OF FREMONT, DODGE COUNTY, NEBRASKA.
This Restated Declaration of Covenants, Conditions,
Restrictions, and Easements for the Replat of Heritage Square Addition,
Fremont, Dodge County, Nebraska consisting of lots 1R through and
including 14R is made the date hereinafter set by Einspahr Construction,
Inc., hereinafter referred to as Declarant.
The original Declaration of Covenants was filed with
the Register of Deeds of Dodge County, Nebraska in Book 1999 at
page 3524. Said original Declaration as it affects lots 1R through
14R of the Replat of Heritage Square Addition, Fremont, Dodge County,
Nebraska, is hereby amended as follows:
1. Each lot shall be used exclusively
for single-family residential purposes.
2. Until all of said lots 1R through
and including 14R have been sold and permanent single-family residents
have been constructed thereon, no residence, building, fence,
wall, driveway, patio, patio enclosure, swimming pool, dog house,
tree house, antenna, satellite receiving station (“discs”),
flag pole, basketball hoop, solar heating or cooling device, tool
shed, windmill, or other external improvement above or below the
ground (herein after referred to as any “improvement”)
shall be constructed, erected, placed, or permitted to remain
on any lot, nor shall any grading or excavation for any Improvement
be commenced, except for Improvements which have been approved
by Declarant as follows:
a. An Owner desiring to erect
an Improvement shall deliver two sets of construction plans,
landscaping plans and plot plans to Declarant (herein collectively
referred to as the “plans”). Such plans shall include
a description, type, quality, color and use of materials proposed
for the exterior of such Improvement. Concurrent with submission
of the plans, Owner shall notify Declarant of the Owner’s
mailing address.
b. Declarant shall review such
plans in relation to the type and exterior of improvements constructed,
or approved for construction, on neighboring Lots and in the
surrounding area, and any general scheme or plans formulated
by Declarant. In this regard, Declarant intends that the Lots
shall be developed as a residential community with home constructed
of high quality materials. The decision to approve or refuse
approval of a proposed Improvement shall be exercised by Declarant,
to promote development of the Lots and to protect the values,
character and residential quality of all Lots. If Declarant
determines that the proposed Improvement will not protect and
enhance the integrity and character of all the Lots and neighboring
Lots as a quality residential community, Declarant may refuse
approval of the proposed Improvement.
c. Written notice of any refusal
to approve a proposed Improvement shall be mailed to the Owner
at the specified by the Owner upon submission of the plans.
Such notice shall be mailed, if at all, within thirty (30) days
after the date of submission of the plans. If notice of refusal
is not mailed within such period, the proposed Improvements
shall be deemed approved by Declarant.
d. No Lot Owner, or combination
of Lot Owners, or other person or persons shall have any right
to any action by Declarant or to control, direct or influence
the acts of Declarant with respect to any proposed Improvement.
No responsibility, liability or obligation shall be assumed
by or imposed upon Declarant by virtue of the authority granted
to Declarant in this Section, or as a result of any act or failure
to act by Declarant
3. No single-family residence shall
be erected, altered, placed or permitted to remain on any Lot
other than one detached single-family dwelling, together with
an attached garage, which does not exceed two and one-half stories
in height. Said garage shall contain a minimum of two (2) car
bays and a maximum of three (3) car bays. Each single-family dwelling
which rests upon Lots 1R through and including 14R, shall consist
of at least 1400 square feet of living space exclusive of basement,
garage, and other areas appurtenant to the principal dwelling.
No mobile home or homes substantially constructed “off-site”
(modular) shall be allowed. No residence shall be occupied prior
to the completion of all exterior improvements to the principal
residence and yard; provided, however, exception is made if seeding,
sodding or landscaping has yet to be completed, as long as said
seeding, sodding, or landscaping is completed in a fashion satisfactory
to Declarant within six (6) months of the time of occupation of
said principal residence.
4. The exposed front foundation
wall, any foundation wall facing a street of all main residential
structures and at least 25% of the surface area of the frontelevation
shall be constructed of or faced with brick, stone or other materialapproved
by Declarant. All exposed materials used on the front, rear, or
sides of any residential structure shall be approved by Declarant
prior to construction. All exposed side and rear concrete or concrete
block foundation walls not facing a street must be painted. No
vertical siding or vertical in appearance, will be permitted on
any side of any residential structure. All driveways must be constructed
of concrete, brick, paving stone, or laid stone. All foundations
shall be constructed of concrete, concrete blocks, brick or stone.
All fireplace chimneys shall be covered with or enclosed by materials
comparable to the whole house. Unless other comparable materials
are specifically approved by Declarant, the roof of all Improvements
shall be covered by using 30, 40, or 50 year grade “Heritage”
style asphalt shingles.
5. No advertising signs, billboards,
unsightly objects or nuisances shall be erected, placed or permitted
to remain on any Lot except one sign per Lot, consisting of not
more than six square feet, advertising a Lot as “For Sale”;
nor shall the premises be used in any way for any purpose which
may endanger the health of unreasonably disturb the Owner or Owners
of any Lot or any resident thereof. Further, no business activities
of any kind whatsoever shall be conducted on any Lot. Provided,
however, the forgoing paragraph shall not apply to the business
activities, signs, and billboards or the construction and maintenance
of building, if any, be Declarant, its agents or assigns, during
the construction and sales of the Lots.
6. No exterior television, radio
antenna, satellite viewing stations (discs) of any Sort shall
be permitted on any Lot. However, one (1) small satellite dish
of approximately 18” in diameter and one wireless Internet
antenna may be attached to the residence in such a way that it
is not visible from the front street. Neither said dish nor said
wireless Internet antenna may be installed on a pole or in the
ground.
7. No repair or any boats, automobiles,
motorcycles, trucks, campers, or similar vehicles requiring a
continuous time period in excess of twenty-four (24) hours shall
be permitted on any Lot at any time; nor shall vehicles offensive
to the neighborhood by visibly stored, parked or abandoned on
any Lot. No unused building materials, junk or rubbish shall be
left exposed on the Lot except during actual building operations,
and then only in as neat and inconspicuous a manner as possible.
8. No boat, camper, trailer, auto-drawn
or mounted trailer of any kind, mobile home, truck, aircraft,
camper truck, or similar chattel shall be maintained or stored
on any part of a Lot (other than in an enclosed structure) for
more than twenty (2) days within a calendar year. No motor vehicle
may be parked or stored outside on any Lot, except vehicles driven
on a regular basis by the occupants of the dwelling located on
such Lot. No grading or excavating equipment, tractors, or semi-tractors/trailers
shall be stored, parked, kept or maintained in any yards, driveways
or streets. However, this section shall not apply to trucks, tractors,
or commercial vehicles which are necessary for the construction
of residential dwellings during their period of construction.
All residential Lots shall provide at least the minimum number
of off-street parking areas or spaces for private passenger vehicles
required by the applicable zoning ordinances of the City of Fremont,
Nebraska. No motor vehicle, boat, camper, or trailer shall be
parked at any time on any yard on any Lot.
9. No incinerator or trash burner
shall be permitted on any Lot. No garbage or trash can container
shall be permitted unless completely screened from view, except
for pick up purposes. No garden lawn or maintenance equipment
of any kind whatsoever shall be stored or permitted to remain
outside of any dwelling or suitable storage facility, except when
in actual use. No garbage, refuse, rubbish or cuttings shall be
deposited on any street, road or Lot. No clothes line shall be
permitted outside of any dwelling at any time, except one retractable
clothes line per Lot.
10. Exterior lighting installed
on any Lot shall either be indirect or of such a Controlled focus
and intensity as not to disturb the residents of adjacent Lots.
11. No fence shall be permitted
to extend beyond the front line of a main residential structure.
No hedges or mass planted shrubs shall be permitted more than
ten (10) feet in front of the front building line. No fences or
walls shall exceed a height of six (6) feet. All fences shall
be constructed of wood and designed to match the fence surrounding
the development. No chain link fencing shall be permitted. Provided,
however, a permanent fence with brick pillars surrounds the subdivision
and the portion of said permanent fence which rests upon any Lot
subject to these convenants shall be maintained by the Owner of
said Lot, and shall not be removed from said Lot or altered so
as to change its appearance without written consent of all Owners
of Lots 1R through and including 14R of said Replat of Heritage
Square Addition.
12. No swimming pool shall be permitted
which extends more than one (1) foot above ground level.
13. Construction of the single-family
residence to be located on any Lot must be commenced within twelve
(12) months after title to such Lot has been conveyed by the Declarant.
Once construction of any single-family residence is begun on any
Lot, such single-family residence shall be completed in accordance
with the building and landscaping plans within twelve (12) months
from the date construction was commenced on such residence.
14. A public sidewalk shall be
constructed of concrete for (4) feet wide by four (4) inches thick
in front of each dwelling built upon each Lot and upon the street
side of each dwelling built upon each corner Lot. The sidewalk
shall be placed in accordance with City directions and shall be
constructed by the owner of the Lot prior to the time of completion
of the main structure and before occupancy thereof; provided,
however, this provision shall vary as needed to comply with any
requirements of the City of Fremont.
15. Driveway approaches between
sidewalk and curb on each Lot shall be Constructed of concrete.
The driveway should not exceed 22 feet in width except that portion
thereof which is reasonably necessary to approach the driveway
from the street curbing area, and to approach the garage area
from the driveway. Should repair or replacement of such approach
be necessary, the repair or replacement shall also be of concrete.
No asphalt overlay of driveway approaches will be permitted. The
street curbing shall be ground down at each driveway approach
location which ground down curbing area shall not exceed 32 feet
in width.
16. No stable or other shelter
for any animal, livestock, fowl or poultry shall be erected, altered,
placed or permitted to remain on any Lot, except that of a dog
house constructed for one (1) dog shall be permitted; provided
always that the construction plans, specifications and the location
of the proposed structure have been first approved by Declarant,
or its assigns, if required by this Declaration. Dog runs and
dog houses shall only be allowed at the rear of the building,
concealed from public view.
17. Any exterior air conditioning
condenser unit shall be placed in the rear yard or any side yards
so as not to be visible from public view.
18. No grass, weeds, or other vegetation
will be grown or otherwise permitted to Commence or continue growing
and no dangerous, diseased, or otherwise objectionable shrubs
or trees will be maintained on any Lot so as to constitute an
actual or potential public nuisance, create a hazard or undesirable
proliferation, or detract from a neat and trim appearance. Vacant
Lots shall not be used for dumping of earth or any waste materials,
except for construction purposes, in which case no piles of fill
material will be permitted to remain for longer than thirty (30)
days prior to grading or leveling. Vegetation on vacant Lots shall
not be allowed to reach a height in excess of twelve (12) inches.
19. No structure of a temporary
character, trailer, basement, tent, outbuilding or shack shall
be erected upon or used on any Lot at any time, either temporarily
or permanently, except during the construction of any primary
residence. No structure or dwelling shall be moved from outside
of the property to any Lot. One (1) storage shed may be placed
on a Lot in the rear yard, with the exterior thereof using the
same building materials which were used on the principal residence
and in a manner to be compatible with the principal residence.
20. All waste property or debris
resulting from construction or improvements shall be removed from
the site and delivered to a waste disposal site holding an appropriate
government issue license.
21. Mailboxes which serve said
Lot 1R through and including 14R shall be Served by a common mailbox
which shall be located on the island which island is located near
the entrance to the subdivision. The cost of maintenance of said
mailboxes and said island as well as any costs of insurance which
my be required by the City of Fremont, Nebraska, or by a majority
of Lot owners within this subdivision, shall be shared equally
among all of the owners of Lots 1R through14R of said Replat of
Heritage Square Addition. This covenant may be enforced by any
Owner of a Lot within a subdivision against any other Owner of
a Lot within a subdivision to require such payment, in a Court
of Competent Jurisdiction.
22. In the event that the dwelling
constructed on any Lot is damaged or destroyed by fire, storm,
or other cause, repair and/or reconstruction shall commencewithin
sixty (60) days of the date of such damage and shall progress
continuously until completion, such completion to be not more
than one (1) year following the date of such damage or destruction.
23. All produce or vegetable gardens
shall be maintained only in rear yards.
