- 0 Beds
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Red Hawk Ranch is a gated community with truly exceptional views and they take pride in keeping the area natural for wildlife. The development stretches south to north from the northern boundary of Silver Creek Subdivision to the southern boundary of Pine Meadows subdivision. The eastern and western boundaries has 40 acre parcels. Red Hawk is a total of approximately 425 acres with 23 lots ranging in size from 15 to 40 acres.
Red Hawk HOA Information :
WILDLIFE PRESERVE ARTICLES
I. To encourage and promote the preserve and protect the wildlife of our area so that
succeeding generations shall enjoy the privileges and learn to accept the responsibilities for
our native wildlife. To help foster and perpetuate a spirit of pride and respect for the hills,
mountains, forests, streams and rivers and to teach future generations to enjoy the great
out of doors and to enjoy a closer companionship with Nature.
II. To protect the native habitat for the bedding and birthing of all native wildlife. To nurture
and improve native wildlife stocks and rehabilitate and restore damaged wildlife
environments. To preserve the natural game trails, drinking areas and preserve the natural
tree and shrub cover for wildlife protection. To plant areas that will provide additional food
for the wildlife. To set up salt stations for the large wildlife. To leave as many trees and
shrub areas in its original state as possible for native bird life. During severe winter periods,
to provide feeding stations for the large wildlife.
III. To acquire, receive and hold such property, either by purchase or by gift real and
personal as may be necessary or convenient to carry out said objects and purposes; to
issue bonds, notes, and other assessments for the improving of the wildlife areas. To lease
or buy water and water rights, develop watering areas, catch basins, deepen beaver ponds
and develop natural springs and wells for the benefit of the native animals.
IV. To cooperate with Local, State, Federal, and any other public and private agencies
in efforts to develop and maintain effective wildlife utilization practices in Summit County
and on a State wide basis. To promote legislation that emphasizes the parallel between
economic prosperity and maintenance of adequate natural resources. In addition to assist
with the design of future developments that combine the harmony between development
and the environment.
V. To assist other property owners, State and local law enforcement officials in
protecting private property owned or controlled by the Preserve from all forms of animal
abuse and all forms of hunting.
VI. To help promote and assist in the construction of nature trails for the beneficial use of
people in a manner that will provide harmony with the native wildlife and natural
environment. These nature trails are to be used for non-motorized travel such as foot,
equestrian and mountain biking.
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS AND RESTRICTIONS
“RED HAWK II Plat A”
A PRIVATE EQUESTRIAN DEVELOPMENT
& WILDLIFE PRESERVE
I. PURPOSE OF COVENANTS 5,6
II. DEFINITIONS 6
Section 2.1 - Declarant 6
Section 2.2 - Property 6
Section 2.3 - Dwelling 6
Section 2.4 - Structure/Barn 6
Section 2.5 - Lot 6
Section 2.6 - Subdivision 6
Section 2.7 - Manager 6
Section 2.8 - Environmental Committee 6
Section 2.9 - Association 6
Section 2.10 - Improvement 6
Section 2.11 - Wildlife Easement Areas 6
III. DURATION OF DECLARANT 7
Section 3.1 - General Purposes and Powers 7
Section 3.2 - Membership in the Owner's Association 7
IV. ENVIRONMENTAL COMMIITTEE 7
Section 4.1 - Environmental Committee 7
Section 4.2 - Approval by Environmental Committee 7
Section 4.3 - Committee Variances 7,8
Section 4.4 - General Requirements 8
Section 4.5 - Preliminary Approval 8
Section 4.6 - Plans 8
Section 4.7 - Declarant and Environmental Committee 8
Section 4.8 - Written Records 8
Section 4.9 - Limited Extent of Committee Review 9
V. GENERAL RESTRICTIONS ON ALL PROPERTY 9
Section 5.1 - Zoning Restrictions 9
Section 5. 2 - No Mining, Drilling or Quarrying 9
Section 5.3 - No Business Users 9
Section 5.4 - Restriction of Signs 9
Section 5.5 - Restriction of Animals 9,10
Section 5.6 - No Resubdividing 10
Section 5.7 - Underground Utility Lines 10
Section 5.8 - Service Yards 10
Section 5.9 - Maintenance of Property 10
Section 5.10 - No Noxious or Offensive Activity 10
Section 5.11 - No Hazardous Activities 10
Section 5.12 - No Unsightliness 10,11
Section 5.13 - No Annoying Lights, Sounds or Odors 11
Section 5.14 - No Cesspools 11
Section 5.15 - Wildlife Protection 11
Section 5.16 - No Interference of Streams 11
Section 5.17 - Restrictions 11
Section 5.18 - Wildlife/Easement Areas 11
Section 5.19 - Additional Improvements 11,12
Section 5.20 - Rules and Regulations 12
VI. RESTRICTIONS ON LOTS
Section 6.1 - Number and Location of Dwelling 12
Section 6.2 - Residence Floor Area 12
Section 6.3 - Single Family Dwelling to be Constructed 12
Section 6.4 - Setbacks and Dwelling Placement 12
Section 6.5 - Height Limitations 12,13
Section 6.6 - Towers, Satellite Receivers and Antennae 13
Section 6.7 - Used or Temporary Structures 13
Section 6.8 - Fences 13
Section 6.9 - Flashing and Roof Gutters 13
Section 6.10 - Dwelling Location and Driveway Length 13
Section 6.11 - Driveway Access 13,14
Section 6.12 - Building Masses, Form and Roof Lines 14
Section 6.13 - Architectural 14
Section 7.1 - Enforcement and Remedies 14
Section 7.2 - Protection of Encumbrances 15
Section 7.3 - Limited Liability 15
VIII. GENERAL PROVISION 15
Section 8.1 - Duration of Declaration 15
Section 8.2 - Amendment or Revocation 15,16
Section 8.3 - Severability 16
Section 8.4 - Captions 16
Section 8.5 - No Waiver 16
IX. THE ASSOCIATION
Section 9.1 - Formation of Association 16
Section 9.2 - Membership 16
Section 9.3 - Use of Wildlife/Easement Areas 16
Section 9.4 - Personal Liability 17
Section 9.5 - Voting 17
Section 9.6 - Powers and Duties of Association 17
Section 9.7 - Liability for Assessments 17
Section 9.8 - Use of Assessments 18
Section 9.9 - Liability for Willful or Negligent Damage 18
Section 9.10 - Common Assessments 18
Section 9.11 - Capital Improvement Assessments 18
Section 9.12 - Notice and Quorum 18
Section 9.13 - Allocation of Assessments 18
X. GENERAL PROVISIONS 19
Section 10.1 - Enforcement 19
Section 10.2 - Severability 19
Section 10.3 - Limited Liability 19
Section 10.4 - No Public Right or Dedication 19
Section 10.5 - Construction Notice and Acceptance 19
Section 10.6 - Reservation of Easements 19,20
Section 10.7 - Notices 20
Section 10.8 - Interpretation 20
Section 10.9 - Severability 20
Section 10.10 - Captions 20
DECLARATI0N OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
"RED HAWK II Plat A"
A PRIVATE EQUESTRIAN DEVELOMENT & WILDLIFE PRESERVE
THIS DECLARATION is made this 27 day of August, 1991, by "Declarant", Owners of RED
HAWK Subdivision Phase II Plat A
DECLARANT is the Owner of certain property in Summit County, State of Utah, which is
located in the following described property:
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 33
ALL PARCELS ARE WITHIN TOWNSHIP I NORTH RANGE 4 EAST, SALT LAKE BASE
AND MERIDIAN, upon which real property Declarant intends to develop a Subdivision containing
Lots (as those terms are hereinafter defined).
Declarant will develop and convey all of the Lots contained in the Subdivision pursuant to a general
plan and subject to certain protective covenants, conditions, restrictions, resend charges, all running
with the title to said Lots as hereinafter set forth.
Declarant has created a Utah non-profit corporation, to be known as THE RED HAWK RANCH
OWNER'S ASSOCIATION, to administer, collect and disperse funds, enforce the covenants,
conditions and restrictions, and maintain and oversee the needs and wants of the Owners within the
Red Hawk Project.
1. PURPOSE OF COVENANTS
1.1 It is the intention of the Owners of the "RED HAWK' Project he developed and maintained as a
highly desirable equestrian and ranch development. It is the purpose of these covenants that the
natural beauty, serenity, views and present surroundings of the Project Subdivision shall always
be protected insofar as is possible in connection with the uses and structures permitted by this
Instrument. The Declarant's desire is to maintain a mountain setting regarding all construction,
including but not limited to the following:
(a) stonework is preferred as opposed to brickwork;
(b) no dome, A-Frame, or modified A-frame Dwellings;
(c) no prefabricated sheds, Barns or Dwellings.
Every Structure must be custom built to compliment the area. Declarant hereby declares that the
Property and every part thereof is held and shall be held, conveyed, devised, leased, rented,
encumbered, used, occupied, and improved and otherwise affected in any manner subject to the
provisions of this Declaration, each and all of which provisions are hereby declared to be furtherance
of the general plan and scheme of ownership referred ton herein and are further declared to be for the
benefit of each Owner thereof. All provisions hereof shall be deemed to run with the land as
covenants running with the land or as equitable servitudes as the case may be, and shall constitute
benefits and burdens to the Declarant its successors and assigns, and to all parties hereafter, owning
any interest in the Property, Notwithstanding the foregoing, no provisions of this Declaration shall
be construed as to prevent or limit Declarant's rights to complete development of the Subdivision or
improvements thereon, nor Declarant's rights to maintain model homes, construction, sales or leasing
offices or similar facilities on any Lot owned by Declarant nor Declarant's right to post signs
incidental to construction, sales or leasing.
II. DEFI NITIONS
2.1 DECLARANT: “Declarant" means the Original Owners of property within the 'RED HAWK'
Subdivision, together with its successors and assigns.
2.2 PROPERTY: "Property" means that certain platted real Property located in Summit County,
Utah, more particularly described in Recital I.
2.3 DWELLING: “Dwelling” means any structure constructed for personal residence.
2.4 STRUCTURE/BARN: "Structure/Barn" means any Structure not for human use but for animal
2.5 LOT: "Lot" shall mean any parcel of Property shown as such on the recorded subdivision plat of
the Red Hawk Project.
2.6 SUBDIVISION: "Subdivision" shall mean the Red Hawk Project as recorded in the records of
Summit County, Utah.
2.7 MANAGER / DEVELOPER: "Manager and/or Developer" shall mean C. Michael Nielsen,
his agents, his companies, his wife, Red Hawk Properties or assigns.
2.8 ENVIRONMENTAL COMMITTEE: "Environmental Committee" shall mean the committee
created pursuant to these provisions.
2.9 ASSOCIATION: "Association" shall mean and refer to the Red Hawk Ranch Owner's
Association, a Utah non-profit corporation and its successors and assigns, which corporation has
been created by Declarant.
2.10 IMPROVEMENT: "Improvement" shall mean all Structures and appurtenances thereto of
every type and kind, including but not limited to buildings, (outbuildings, walkways, sprinkler
systems and pipes, carports, roads, driveways, parking areas, fences, screening walls, retaining walls,
stairs, decks, landscaping, hedges, windbreaks, planting, planted trees and shrubs, poles, signs,
exterior air conditioning and water softener fixtures or equipment.
2.11 WILDLIFE AND EASEMENT AREAS: "Wildlife/Easement Areas" shall mean all areas
across all Lots for the ingress and egress of equestrian, foot and non-vehicular travel. These areas are
also designed for the protection and welfare of all native wildlife and the aesthetic enjoyment of the
III. DURATION OF DECLARANT
3.1 General Purposes and Powers: Declarant will perform functions as provided in this
Declaration and to further the common interests of all Owner's of Property which may be subject, in
whole or in part, to any or all of this Declaration. Declarant shall be obligated to and shall assume
and perform all functions and obligations imposed on it until a Owner's Association and
Environmental Committee are formed or the Project merges with an existing Owner's Association
(or an existing Service District). When the Association is formed, it will have all powers necessary
or desirable to effectuate these purposes and will not engage in commercial or profit making activity.
3.2 Membership in the Owner's Association: All persons, including the Developer C. Michael
Nielsen Company and/or Red Hawk Properties, who own any Dwelling Lot in the Subdivision, by
whatever means acquired, shall automatically become members of the Association in accordance
with the Articles of Incorporation and By-laws of said Association as may be amended from time to
IV. ENVIRONMENTAL COMMITTEE
4.1 Environmental Committee: The Environmental Committee shall consist of one (1) or more
people, including hut not limited to, the Manager and one (1) Lot Owner. The Manager shall appoint
a consulting architect. Said Environmental Committee shall have and exercise all of the powers,
duties and responsibilities set forth is this instrument.
4.2 Approval by the Environmental Committee: No improvements of any kind, including but
not limited to Dwelling houses, swimming pools, guest houses, ponds, parking areas, fences, walls,
tennis courts, garages, drives, antennae, flag poles, curbs and walks shall ever be erected, altered, or
permitted to remain on any lands within the Subdivision, nor shall any excavating, clearing, removal
of trees or shrubs, or landscaping be done on any lands within the Subdivision, unless the completed
plans and specifications therefore are approved by the Environmental Committee prior to the
commencement of such work. A fee of five hundred dollars ($500) shall be paid to the
Environmental Committee to cover the costs and expenses of review. Improvements made after the
initial improvements, costing more than five thousand dollars ($5,000), shall be submitted as
directed to the Environmental Committee for approval and the fee shall be five hundred dollars
($500). The Environmental Committee shall consider the materials to be used on the external
features of said buildings or Structures, including but not limited to, exterior colors, harmony of
external design with existing structures within said Subdivision, location with respect to topography
and finished grade elevations and harmony of landscaping with the natural setting and surroundings,
and shall ascertain whether the architecture conforms to the architectural guidelines. The
Environmental Committee shall disapprove of any plans submitted to it which demonstrate to be
insufficient for it to exercise necessary judgment as more particularly set forth in these Covenants.
The complete architectural plans and specifications must be submitted in duplicate and must include
at least four (4) different elevation views. One (1) complete copy of the plans and specifications
shall be signed for identification by the Owners and left with the Environmental Committee. In the
event the Environmental Committee fails to take any action within forty-five (45) days after
complete plans for such work have been submitted to it, then all of such submitted plans shall be
deemed to be approved. All amounts paid for Environmental Committee review shall first be used to
defray the Committee's reasonable expenses (i.e. review from a professional architect). Any excess
shall become the property of the Owner's Association. Lot owners that are Environmental
Committee members shall each be compensated $25.00 for their review.
4.3 Variances: The Environmental Committee has the authority to deviate from the requirements
contained herein in extenuating circumstances, when following these covenants would create an
unreasonable hardship or burden for a Property Owner. An affirmative vote of the majority of the
members of the Environmental Committee must be gained for a variance to be granted. The
Environmental Committee does not, however, have the authority to altogether deviate beyond the
guidelines of the Summit County Building Code, Summit County Building Inspector, Summit
County Planning and Building Office or any other Governmental Regulatory Agency.
4.4 General Requirements: The Environmental Committee shall exercise its best judgment in
overseeing all improvements, construction, landscaping and alterations on the lands within the
Subdivision, conforming and harmonizing with the natural surroundings and existing Structures as to
external design, materials, color, location, height, topography, grade and finished grade elevations in
keeping with the environmental guidelines. No Dome-shaped, A Frame or other type of Structure in
conflict with the mountain style design, will be allowed. All improvements must compliment the
overall area for everyone's benefit. Frost-free hydrants with seventy-five (75) feet of hose minimum,
will be installed at the front and rear of Dwellings and Barns for fire protection usage.
4.5 Preliminary Approvals: Persons who anticipate constructing improvements on lands contained
within the Subdivision, whether they already own lands or are contemplating the purchase of such
lands, may submit preliminary sketches of such improvements to the Environmental Committee for
informal and preliminary approval or disapproval. All preliminary sketches will be kept by the
Environmental Committee and shall be submitted in duplicate, including but not limited to contain a
proposed site plan, together with sufficient general information of all aspects that will be required to
be in the complete plans and specifications to allow the Environmental Committee to act
intelligently on giving an informed preliminary approval or disapproval until such time as complete
plans are submitted and approved or disapproved.
4.6 Construction Phase: The Environmental Committee shall have authority, in the exercise of its
sole discretion, to supervise and control the activities of contractors constructing improvements in
the subdivision. Such supervision shall include, without limitation, setting
hours during which construction may take place; requiring that contractors post bonds for the benefit
of the Ranch Owner's Association and other owners to reimburse them for any damage caused to any
property within the subdivision by such contractors, their subcontractors, or vendors; limiting access
to the property by such contractors, subcontractors, and vendors to those areas that are necessary for
them to complete their work; forbidding the presence at job sites dogs owned by such contractors,
subcontractors, and vendors: and sending additional rules to limit noise and other impacts arising
4.7 Declarant and Environmental Committee not liable: The Environmental Committee shall
not be liable for damages to any person or persons submitting any plans for approval, or to the
Association, or to any Owner or Owners of lands within the Subdivision by reason of any action,
failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such plans.
Any person or group acquiring title to any Property in the Subdivision or doing shall be deemed to
have agreed and covenanted that he, she or they, will not bring any action or suit to recover damages
against the Environmental Committee, its members as individuals, or its advisors, employees, or
agents. The Environmental Committee is not an engineering firm and therefore will expect all
technical information and specifications relating to Owner's plans to have been drawn up and
computed by competent professionals in their respective fields. The Environmental Committee shall
not be responsible for reviewing, nor shall their approval of any plan or design be deemed approval
of, any plan or design from the standpoint of structural safety or conformance with building or other
codes. The structural integrity of the Dwelling and/or said Improvements are not the responsibility of
the Environmental Committee.
4.8 Written Records: The Environmental Committee shall keep and safeguard complete written
records of all applications for approval submitted to it (including but not limited to one (1) set of all
preliminary sketches and all architectural plans so submitted) and of all actions or approval or
disapproval and all other action taken by it under the provisions or this instrument. Said written
records shall be maintained for a minimum of five (5) years after approval or disapproval.
4.9 Limited Extent of Committee Review: The Environmental Committee and the Declarant
shall review and approve or disapprove of all plans submitted to them for any proposed
improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall
benefit or detriment which would result on the immediate vicinity and the Subdivision generally.
The Environmental Committee and the Declarant shall take into consideration, the aesthetic aspects
of the architectural designs, placement of buildings, landscaping, color schemes, exterior finishes
and materials and similar features.
4.10 Completion Required Before Occupancy: Unless approved by the Environmental Committee,
no Dwelling within the Property shall be occupied until and unless the Owner of any Dwelling shall
have completed the Dwelling in accordance with, and complied with, all approved plans and
V. GENERAL RESTRICTIONS ON ALL PROPERTY
5.1 Zoning Restrictions: No lands within the Subdivision shall ever be occupied or used for any
Dwelling or purpose or in any manner which is contrary to the zoning regulations
5.2 Mining, Drilling or Quarrying: No mining, quarrying, tunneling, excavating or
drilling for any substances within the earth, including but not limited to oil, gas, minerals,
gravel, sand, rock, and earth, shall ever be permitted on the surface of the Property.
5.3 No Business Uses: The Lots within the Property shall be used exclusively for residential
living purposes. No Lots within the Property shall ever be occupied or used for any commercial or
business purposes provided, however, that nothing in this Paragraph 5.3 shall be deemed to prevent
(a) Declarant or its duly authorized agent from using any Lot owned by Developer as a
(b) any Owner or his duly authorized agent from time to time offering the property for
sale and showing it to potential buyers, subject to all of the provisions of this Declaration;
(c) any Owner from conducting an office type business in a residential Dwelling provided no
signs or advertisements are placed on the Dwelling or the Lot and provided said business does not
create a traffic or parking problem.
(d) notwithstanding any other provision of these Declarations, no owner shall have any right to
use the property of any other owner for any business purpose without the express consent of such
other owner, or to cause or allow a business invitee to enter onto the property of any other owner
without the express consent of such other owner.
5.4 Restriction of Signs: With the exception of a sign not larger than three (3) square feet identifying
the architect and a sign of similar dimension identifying the prime contractor to be
displayed only during the course of construction, no for sale signs or advertising devices,
including but without limitations, commercial, political, informational or directional signs or
devices, shall be erected or maintained on any Property, except signs approved in writing shall be
erected or maintained on any Property, except signs approved in writing by the Environmental
Committee as to size, materials, color and locations:
(a) as necessary to identify ownership of the Lot and its address;
(b) as necessary to give directions;
(c) to advise of rules and regulations;
(d) to caution or warn of danger; and
(e) as may be required by law.
5.5 Restrictions on Animals: Although the Property is designed as an equestrian development, all
horses and/or animals must be of a nature to compliment the area. Before horses and/or animals are
kept on a specific Lot, the Lot must be improved to adequately care for the animals’ needs, by
approved fencing and adequate stalls, hay storage, water, and so forth. The Environmental
Committee must approve these improvements before animals will be allowed and the approval will
be for a specific number of saddle horses, mares and geldings. Stallions and other types of livestock
will require specific Environmental Committee approval. The Environmental Committee will retain
the right to require removal of any animal or animals, who are deemed to be a problem to other Lot
5.6 No Resubdividing: No Lot shall be resubdivided. More than one (1) Dwelling shall not be
constructed or allowed on a recorded lot without approval by the Environmental Committee.
5.7 Underground Utility Lines: All water, gas, electrical, telephone and all other utility lines within
the limits of the Owner's Lot, running from the road or the point of distribution to the Dwelling, will
be installed underground. All utility lines must be buried underground and may not be exposed
above the surface of the ground.
5.8 Service Yards: All equipment, service yards or storage piles on any Lot in the Property shall be
kept screened by approved planting or fencing so as to conceal them from view from neighboring
Lots, access roads and areas surrounding the Property.
5.9 Maintenance of Property: All Property and all improvements on any Lot shall be kept and
maintained by the Owner thereafter in a clean, safe, attractive and sightly condition and in good
5.10 No Noxious or Offensive Activity: No noxious or offensive activity shall be carried on upon the
Property nor shall anything be done or placed on any Property which is or may become a nuisance or
embarrassment, disturbance or annoyance to others.
5.11 No Hazardous Activities: No hazardous activities shall be conducted on any Lot. No
improvements shall be constructed on any Property which are or may be unsafe or hazardous to any
person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged
upon any Property. No open fires shall be lighted or permitted on the Property except in a contained
barbecue unit well attended and in use for cooking purposes or within safe and well-designed
5.12 No Unsightliness: No unsightliness shall be permitted upon any of the Property without limiting
the generality of the foregoing:
(a) any unsightly Structures, facilities, equipment, tools, boats, vehicles other than automobiles
in working order, objects and conditions shall be enclosed within an approved garage or
appropriately screened from view, except equipment and tools when in actual use for maintenance,
remodeling or repairs;
(b) no trailers, mobile homes, tractors, truck campers, motor homes or trucks other than pickup
trucks shall be kept or permitted to remain upon the Property unless enclosed in an appropriate
garage or structure;
(c) no lumber, grass, shrub or tree clippings, plant waste, metals, building materials or scrap
shall be kept, stored or allowed to accumulate on any of the Property, except in service yards
meeting the requirements of Section 5.8;
(d) refuse, garbage and trash shall be placed and kept at all times in a covered container and
such container shall be kept within an enclosed Structure or appropriately screened from view;
(e) hanging, drying or airing of clothing or household fabrics shall not be permitted outside a
Dwelling or on Lots if visible from a Dwelling, Lots or areas surrounding the Property.
5.13 No Annoying Lights Sounds or Odors: No light shall be emitted from any Lot or Property
which is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot,
or Dwelling which is unreasonably loud or annoying including but without limitation, speakers,
horns, whistles, bells or other sound devices, with the exception of security devices
and/or fire alarms used exclusively to protect any of the Property or Dwellings. No odors shall be
emitted from any Lot or Dwelling which is noxious or offensive to others.
5.14 No Cesspools: No cesspools shall be permitted on any Property. All types of sewage disposal
systems shall be installed only after approval by the Environmental Committee and any other
governmental regulatory health authorities having jurisdiction.
5.15 Wildlife Protection: Wildlife/Easement Areas are designed to preserve the beauty and the
natural habitat of the wildlife, and for the visual enjoyment of the lot Owners. No alteration of any
Wildlife/Easement Area will be allowed without the approval of the Environmental Committee. No
hunting will be allowed within the boundary of the Property. Discharging of firearms will also be
prohibited within the boundary of the Property. All violators will be prosecuted to the maximum
extent of the law which could result in fines up to one thousand dollars ($1,000). All game trails will
not be obstructed and access will always be maintained to all streams, creeks and ponds for the
protection and welfare of the native wildlife within the Property. The maintenance of these areas for
wildlife protection is intended for the sole and exclusive benefit of the Owners. No provision of
these declarations shall be construed to grant or confer any special right or standing on any person or
organization including, but not limited to, the United States, the State of Utah, Summit County, or
any agency, employee or representative of any of them.
5.16 No Interference of Streams: The flow of any stream, creek or spring may not be stopped or
dammed without Environmental Committee and/or Governmental Agencies approval, where
applicable, nor may any lot or parcel be increased in size by filling in the water that abuts said Lot.
5.17 Restrictions On Vehicles: All vehicles operated on said Property shall be properly licensed,
inspected and maintained so as not to create a dangerous situation, become a nuisance, nor emit
unreasonable smoke, oil or noise. Said vehicles shall be operated only on the properly defined roads
and not in any manner which could cause damage or harm to the natural environment and landscape
of said Property. The Environmental Committee shall have the power to restrict the use of any
vehicle which may create any nuisance or noise, preventing the Owner or Owners from enjoying
their Property and private Streets unless the noise is muffled to meet the required noise standards of
the Property and environment. In no event, shall motor driven bikes or other vehicles be permitted
on the private streets unless the noise is muffled to meet the required noise standards of the
Environmental Committee. Mufflers must conform to the Environmental Committee standards i.e.
(spark arresters, street legal mufflers etc.). All drivers of vehicles must be legally licensed. Under no
circumstances will motorized vehicles, including but not limited to, snowmobiles, dirt bikes, and
other forms of all terrain vehicles be allowed along game trails or used to pursue the native wildlife.
Wildlife/Easement Areas are devoted to hiking, horseback riding and cross country skiing. All
motorized vehicles shall be restricted to the platted roadways only.
5.18 Road and Wildlife/Easement Area Usage: All motor vehicles shall be prohibited from using any
Wildlife/Easement Areas set aside specifically for hiking, horseback riding, bicycling and cross
5.19 Additional Improvements: In the event the Owner's Association (with a fifty-one percent
(51 %) vote of the lot Owners) desires or is required by a governmental authority to develop
additional improvements, all Property Owners, occupants, users or their assigns of the real Property
proportionate share of the development expenses, costs and charges. Said proportionate share shall
be calculated on a per Lot basis and due thirty (30) days prior to construction.
5.20 Rules and Regulations: No Owners shall violate the rules and regulations for the use of the lots
as adopted from time to time by the Environmental Committee. No such rules or regulations shall be
established which violate the intention or provisions of this Declaration or which shall unreasonably
restrict the use of any lot by the Owner thereof.
VI. RESTRICTIONS ON LOTS
6.1 Number and Location of Dwelling: No Dwelling or Structure shall be placed, erected,
altered, or permitted to remain on any Lot other than one (1) single family Dwelling and one
(1) garage together with related nonresidential Structures and improvements of the types
described in Section 4.2 hereof. At the time of construction of the single family Dwelling on any Lot
said Lot must also be improved with a garage with at least a two (2) car capacity.
Whenever possible, the garage doors will not face towards the main access road or the main view
corridor from other Owner's homesites. A garage must be provided for each owned vehicle.
6.2 Residence Floor Area: The single family Dwelling which may be constructed on a 1.01 in
the Subdivision shall have a minimum living floor area, exclusive of garages, balconies,
porches, decks and patios of Thirty Five Hundred (3500) square feet.
6.3 Single Family Dwelling to be Constructed First: No garage or other Structure shall be
constructed on any Lot until after commencement of construction of the single family Dwelling
on the same Lot except as otherwise specifically permitted by the Environmental Committee. All
construction and alteration work shall be prosecuted diligently, and each Dwelling, Structure or
improvement which is commenced on any Lot shall be entirely completed within fifteen (15) months
after commencement of construction. A three (3) month grace period after the initial
fifteen (15) month period has expired may be given with Environmental Committee approval.
6.4 Setbacks and Dwelling Placement: The placement of Dwellings shall respect existing land
forms and generally follow contours and fit into the existing land mass rather than ignoring and
dominating these forms. All Dwellings on all lots shall be set back at least fifty (50) feet from the
side, fifty (50) feet from the rear, and fifty (50) feet from the front Lot line. The "Front Lot line" is
defined to mean that lot line of a lot abutting on a road. On corner Lots, the side yard which faces a
street is to be set back a minimum of fifty (50) feel with consideration given to the maintenance of a
clear view of intersecting streets as defined in the Summit County Building Code. All Dwelling site
locations, driveways and any excavations must be approved by the Environmental Committee.
Building zones will be enforced to insure maximum privacy, view corridors and maximum benefit to
the individual Lot and the surrounding Lot Owner to maintain the overall beauty of the area.
Building zones shall be designated by the recorded plat map.
6.5 Height Limitations: No portion of a Dwelling on the Property shall exceed a height greater than
twenty-eight (28) feet, measured from natural or unmodified grade at that point to a point midway
between the lowest part of the eaves or cornice and ridge of a hip or pitched roof. The maximum
height of the ridge shall be the height designated for that Dwelling site by the Environmental
Committee. This measurement applies to all elevations of the Dwelling, the intent being that
buildings will conform with and reflect the natural contour of the land.
6.6 Towers Satellite Receivers and Antennae: No towers, exposed or outside radio, television or
other electronic antennae, with the exception of television receiving antennae, shall be allowed or
permitted to remain on any Lot. It is recommended that lightning rods be installed on all Structures.
Satellite receivers must have an enclosure to screen them from view from any surrounding Property
6.7 Used or Temporary Structures: No used or previously erected or temporary house,
Structure, house trailer, mobile home, camper, or nonpermanent outbuilding shall ever be placed,
erected, or allowed to remain on any Lot except during construction periods, and no Dwelling shall
be occupied in any manner prior to its completion and approval in accordance with Section 4.9
6.8 Fences: Fencing shall be allowed with Environmental Committee approval. All fencing within
the Property shall have a continuity of appearance in keeping with the setting and surroundings of
the Property. All fencing shall be of a type specified by the Environmental Committee. Interior
fences, screens or walls which are associated or connected with a Dwelling or Structure may be of
such design, material and height as may be approved by the Environmental Committee.
6.9 Flashing and Roof Gutters: Flashing and/or roof gutters or other metal fittings on the exterior of
Buildings shall be painted to match or blend with adjacent materials on Buildings or Structures.
6.10 Dwelling Location and Driveway Length: A plot plan showing the desired location of the
future Dwelling and the driveway and any additional excavation shall be submitted to the
Environmental Committee for approval before any construction shall commence. As a general
guideline, all Dwelling locations will be within the building zones within each Lot and will not be
allowed on the Wildlife/Easement Areas located within each Lot. The driveway that connects with
the street to a point at which said driveway first touches a Dwelling situated on said Lot may not
exceed the longest straight boundary line of the particular Lot unless receiving approval from the
6.11 Driveway Access: All individual driveway access locations within the Subdivision shall be
designed to function well with the site location and layout of each appropriate residential building.
Care shall be taken in location driveways to allow for the least amount of site and vegetation
disturbance. The maximum grade of any driveway shall not exceed ten percent (10%) unless a
variance is received from the Environmental Committee. The minimum width of any driveway shall
be twelve (12) feet, with the maximum width of twenty (20) feet prior to entering a garage. Where
possible, driveways shall parallel the slope to lessen site impact. The approaching driveway shall
align itself with the intersecting road at approximately ninety
(90) degrees for twenty-five (25) feet. A maximum of four percent (4%) grade will be designed
along the center line of this portion of the drive. Cross slope will be three percent (3 %). The sides of
the private drive will blend into the appropriate grade of the ten percent (10%) road at the same
twenty (20) foot distance. When necessary to cut and fill, balance shall be sought. Exception will be
allowed in order to save specimen vegetation. Retaining walls shall be used with cuts in excess of
ten (10) feet. Fill areas shall be contoured to two (2) feet horizontal to one (1) foot vertical slopes
and if the disturbed areas fails to catch existing grade within ten (10) vertical feet, a retaining wall
shall be used. Driveway access for all Lots within the Subdivision may not be from any street or
road other than interior roads within the Subdivision. All Lot Owners cannot grant additional rightof-ways
and/or easements across their property in addition to those right-of-way and easements that
are already of record at the date of the Plat recordation. A Lot Owner cannot improve a right-a-way
and easement to give access to any other property that is not within the Subdivision unless the Lot
Owner compensates the Developer or in the instance the Project is sold out, the other Lot Owners for
their proportionate cost of all improvements that the Lot Developer and Owner have shared in said
6.12 Building Masses Form and Roof Lines: In all cases, building masses, forms and roof lines shall
conform to and with the existing contours. At no point shall the maximum height of any Structure on
any of the Lots designated in this Section 6.12 exceed an elevation of two (2)
stories of living space above the existing land contour at said point. Basements shall be allowed
contingent upon the height of the water table.
(a) Roofs on all buildings shall be constructed with a minimum overhang of not less than four
(4) feet on all elevations. All roofs shall be covered with fire resistant wood shingles, metal, wood
shakes or similar roofing materials and must be designed so that all roof areas drain.
(b) Concrete walls that are exposed to view from all exterior elevations will be covered
with a natural stone.
(c) Icicles and ice buildup must be considered and addressed regarding the dangers
caused by falling ice and ice accumulation on walks and building entrances.
(d) All building designs must be approved and certified by a qualified structural engineer.
Particular attention should be given to snow loads on roofs and frost line depth for foundations and
(e) The following are the minimum insulating and weather-stripping requirements in all
1. All outside walls-minimum insulation factor R-19.
2. All ceilings separating attic from roof-minimum insulation factor R-30. All
vaulted ceilings that are also the roof-minimum insulation factor R-36.
3. Exposed underfloor areas - minimum insulation factor R-25.
4. Perimeter concrete foundation walls to be insulated with a minimum of two
inch rigid insulation on the outside of walls.
5. All outside windows shall be double glazed.
6. All outside doors and windows shall be weather-stripped on all edges.
(f) Flashing or roof gutters or other metal fittings on the exterior dwelling shall be
copper or Cor-Ten steel or other materials which takes on a natural patina or shall be painted to
match or blend with adjacent materials on Dwellings. .
(g) All buildings, Structures and improvements on any Lot shall comply with the
construction guidelines and specifications of the Summit County Building Department.
(h) Lot Owner water lines and septic lines shall be buried a minimum of six (6) feet and also
the lines are not to be installed in the outside walls, overhangs or in uninsulated attic
or crawl spaces.
7.1 Enforcement and Remedies: The obligations, provisions, covenants, restrictions and conditions
contained in this Declaration or any Supplemental or Amended Declaration with respect to the
Owner's Association or Lots shall be enforceable by the Declarant, Owners Association or by any
Owner of a Lot subject to this Declaration by a proceeding for a prohibitive or mandatory injunction.
The obligations, provisions, covenants, restrictions and conditions contained in this Declaration or
any Supplemental or Amended Declaration with respect to a person or entity or party of a person or
entity other than the Association or Declarant shall be enforceable by the Declarant or the
Association by a proceeding for a prohibitive or mandatory injunction. If court proceedings are
instituted in connection with the rights of enforcement and remedies provided in this Declaration, the
prevailing party shall be entitled to recover its costs and expenses in connection therewith, including
reasonable attorney's fees.
7.2 Protection of Encumbrances: No violation or breach of any provision, restriction,
covenant or condition contained in this Declaration or any Supplemental or Amended Declaration
and no action to enforce the same shall defeat, render invalid or impair the lien of any mortgage or
deed of trust taken in good faith and for value and perfected by recording prior to the time of
recording of an instrument giving notice of such violation or breach, or the title or interest of the
holder thereof or the title acquired by any purchaser upon foreclosure of any such mortgage or deed
of trust. Any such purchaser shall, however, take subject to this Declaration or any Supplemental or
Amended Declaration except only that violations or breaches which occur prior to such foreclosure
shall not be deemed breaches or violations hereof with respect to such purchaser, his heirs, personal
representatives, successors and assigns.
7.3 Limited Liability: Neither Declarant, the future Owner's Association, the Board of Directors of
the Association, the Environmental Committee, nor any member, agent or employee of any of the
same shall be liable to any party for any action or for failure to act with respect to any matter if the
action taken or failure to act was in good faith and without malice.
VIII. GENERAL PROVISION
8.1 Duration of Declaration: Any provision, covenant, condition or restriction contained in this
Declaration or any Supplemental or Amended Declaration which is subject to the Common Law
Rule sometimes referred to as the "rule against perpetuities”, shall continue and remain in full force
and effect for the period of fifty (50) years or until this Declaration is terminated as hereinafter
provided, whichever first occurs. All other provisions, covenants, conditions and restrictions
contained in this Declaration or in any Supplemental or Amended Declaration shall continue and
remain in full force and effect until January 15, 2020, provided however, that unless at least ten (10)
year prior to said time of expiration, there is recorded an instrument
directing the termination of this Declaration executed by the Owner of not less than ninety percent
(90%) of the Lots then subject to this Declaration. Said other provisions, covenants, conditions and
restrictions shall continue automatically for an additional ten (10) years and thereafter for successive
periods of ten (10) years unless, at least one (1) year prior to the expiration of such extended period
of duration this Declaration is terminated by a recorded instrument directing termination signed by
the Owner of not less than ninety percent (90%) of the Lots then subject to this Declaration as
8.2 Amendment or Revocation: Any provision, covenant, condition or restriction contained
in this Declaration or any Supplemental or Amended Declaration is in force and effect, it may be
amended or repealed by the recording of a written instrument specifying the amendment or the
repeal, executed by the Owner of not less than ninety percent (90%) of the Lots then subject to this
Declaration. No such amendment or repeal shall be effective with respect to the holder or successor
or assign of the holder of a mortgage or deed of trust recorded prior to recording the instrument
specifying the amendment or repeal unless such holder executes the said instrument.
8.3 Severability: Invalidity or unenforceability of any provision of this Declaration or of any
Supplemental or Amended Declaration in whole or in part shall not affect the validity or
enforceability or any other provision or valid and enforceable part of a provision of this Declaration.
8.4 Captions: The captions and headings in this instrument are for convenience only and shall not be
considered in construing any provision, restriction, covenant or condition retained in this
8.5 No Waiver: Failure to enforce any provision, restriction, covenant or condition in this
Declaration or in any Supplemental or Amended Declaration shall not operate as a waiver of any
such provision, restriction, covenant or condition or of any other provision.
IX. THE ASSOCIATI0N
9.1 FORMATION OF ASSOCIATION: Declarant agrees that promptly following the recording
hereby, both parties hereto, it will execute and file with the Utah Department of Commerce, Division
of Corporations and Commercial Code, Articles of Incorporation of the "Red Hawk Ranch Owner's
Association" hereinafter referred to as the "Articles", which Articles shall be in the form of Exhibit
"A", attached hereto by this reference and made a part hereof. Upon receipt by Declarant of the
Certificate of Incorporation for the Red Hawk Ranch Owner's Association, Declarant agrees that it
will cause to be executed, Bylaws for the Association in the form of Exhibit "B", attached hereto and
by this reference made a part hereof.
9.2 Membership: Each Owner of a lot shall be deemed to be a member of the Association
(hereinafter referred to as "Member"). Memberships in the Association shall not be assignable
except to the successor in interest of the Lots and membership in the Association shall be
appurtenant to and may not be separated from the fee ownership of the Lots. Ownership of a Lot
shall be the sole qualification for membership in the Association. The Association membership held
by any Owner of a Lot shall not be transferred, pledged, or alienated in any
way, except upon the sale or encumbrance of said Lot, and then only to the purchaser or purchasers
of said Lot. Any attempt to make a prohibited transfer is void and will not be reflected upon the
books and records of the Association. In the event an Owner of a Lot shall fail or refuse to transfer
the membership registered in his name to the purchaser of said Lot, upon the transfer of fee title
thereto, the Board of Trustees of the Association shall have the right to record the transfer upon the b
ooks of the Association.
9.3 Use of Wildlife/Easement Areas: Every Member shall have a right and easement of
enjoyment in and to the Wildlife/Easement Areas which are on all Lots recorded in the Red Hawk
Subdivision. These easements are for use either on foot, on horseback, by bicycle or on skis.
These easements are not for vehicular motorized traffic which would include but are not limited to
all motorized all terrain vehicles, dirt bikes, street bikes and dune buggies. Any Member may
delegate his right of use and enjoyment of the Wildlife/Easement Areas to the members of his
family, members of his household, his tenants or contract purchasers and his guests. All such rights
of entry are subject to reasonable regulation by the Board. Not withstanding the foregoing
provisions, a Lot Owner may fence a portion of a Wildlife/Easement Area for use as a pasture in
which event other Lot Owners shall not have access to the fenced portion.
9.4 Personal Liability: No Member may exempt himself from personal liability for assessments to be
levied by the Association nor release the Lot owned by him from the liens and charges hereof, by
waiver of the use and enjoyment of the Wildlife/Easement Areas and the facilities thereon or by
abandonment of his Lot.
9.5 Voting: Each Member shall be entitled to one (1) vote for each Lot owned by said Member.
When more than one (1) person holds such interest or interests in any Lot ("Co-Owner"), all such
Co-Owners shall be Members and may attend any meetings of the Association, but only one such
Co-Owner shall be entitled to exercise the vote to which the jointly owned Lot is entitled. Such CoOwners
may from time to time all designate in writing one of their number to vote. The vote for each
Lot shall be exercised, if at all, as a unit. Where no voting Co-Owner is designated or if such
designation has been revoked, the votes for such Lot shall be exercised as the majority of the CoOwners
of the said Lot mutually agree. Unless the Board of Trustees of the Association receive a
written objection from a Co-Owner, it shall be conclusively presumed that the voting Co-Owner is
acting with the consent of his or her Co-Owner. No votes shall be cast for any Lot where the
majority of the Co-Owners of said parcel present in person or by proxy cannot agree to said votes or
other action. The non-voting Co-Owner or Co-Owners shall be jointly and severally responsible for
all of the obligations imposed upon the jointly owned Lot and shall be entitled to all other benefits of
ownership. All agreements and determinations lawfully made by the Association in accordance with
the voting percentages established herein, or by the Bylaws of the Association, shall be deemed to be
binding on all Owners, their successors and assigns. Said voting rights shall be subject to the
restrictions and limitations provided in this Declaration and in the Articles and Bylaws of the
9.6 Powers and Duties of Association: The Association acting through the Board, shall also
have the power and duty to:
(a) maintain and repair the water system and the private roads and replace those elements of
the water system and private roads that must be replaced on a periodic basis, and otherwise
manage the private roads and all facilities, improvements and landscaping thereon;
(b) maintain such policy or policies of liability and fire insurance with respect to any
commonly owned buildings, barns, and or personal property, if any, owned by the Association as
(c) levy and collect all assessments as provided herein in sufficient quantity to enable
the Association to adequately perform its duties hereunder;
(d) grant easements and rights of way for sewer, water, electricity, telephone and
natural gas lines and similar utilities and uses beneath, along and traversing the private roads;
(e) such additional powers as shall be reasonable and necessary for the Association to
accomplish the purposes of its creation.
9.7 Liability for Assessments: Each Owner, of any Lot by acceptance of a deed thereto, whether or
not it shall be so expressed in such deed is deemed to covenant and agree to pay to the
(1) common assessments for common expenses;
(2) capital improvement assessments; and
(3) special assessments, such assessments to be established and collected as herein
provided. Such assessments, together with interest, costs and reasonable attorneys' fees for the
collection thereof, shall be a charge on a continuing lien upon the Lot against which such
assessment is made. Each such assessment, together with interest. costs and reasonable attorney fees
is the personal obligation of the person who was the Owner of such Lot at the time when the
assessment fell due. .
(4) the Developer shall not be responsible for any Association dues (I) on his lots
except for voted and passed on assessments for additional capital improvements approved by an
affirmative Association vote (2 & 3).
9.8 Use of Assessments: Assessments levied by the Association shall be used to promote the
common health, safety, benefit, recreation and welfare of the Members and for the improvement
and maintenance of the common amenities of the Red Hawk Subdivision. The assessments shall
also be for an adequate reserve to be used as appropriate for maintenance, repairs and
replacement of these elements of the subdivision that must be replaced on a periodic basis.
9.9 Liability for Willful, or Negligent Damage: Maintenance, repair or replacement of all or
any part of common facilities arising out of or caused by the willful or negligent act of a
Member, his family, guests or invitees shall be done at said Member's expense or a Special
Assessment therefore shall be made against his Lot
9.10 Common Assessments: The total Common Assessments against all of the Lots shall be
based upon advance estimates of annual cash requirements by the Association to provide for
payment of all estimated expenses growing out of or corrected with the maintenance and
operation of the common facilities, which estimates may include, among other things, expenses
of taxes, special assessments, premiums for all insurance which the Association is required or
permitted to retain pursuant hereto, repairs and maintenance, wages for Association
employees, legal and accounting fees, the creation of reasonable contingency reserve, surplus
and or sinking funds, and any other expenses and liabilities which may be incurred by the
Association. Common Assessments shall be made on a calendar year basis. The amount of the
Common Assessments shall be initially proposed by the Board, and presented to a meeting of the
Owner for approval. Notice of the proposed assessment for the ensuing year shall accompany the
notice of the meeting and shall be mailed to each Member no later than thirty (30) days prior to
the date set for said annual meeting.
9.11 Capital Improvement Assessments: In addition to the Common Assessments authorized above,
the Association may levy a Capital Improvement Assessment for the purpose of defraying, in whole
or in pan, the cost of any construction, reconstruction, repair or replacement of a Capital
Improvement or other such addition upon the common facilities provided that any such assessment
in excess of five thousand dollars ($5,000) must have the affirmative vote or written assent of
Members entitled to cast a majority of the votes eligible to be cast with relation to such assessments.
9.12 Notice and Quorum: Written notice of any meeting called for the purpose of taking any
action by the Members authorized under section 9.15 or 9.16 shall be sent to all Members not
less than thirty (30) days, nor more than sixty (60) days, in advance of the meeting. At the
first such meeting called, the presence of the Members or of proxies entitled to cast fifty-one
percent (51%) of all votes eligible to be cast at said meeting shall constitute a quorum. If the
required quorum is not present, another meeting may be called, and the required quorum at the
subsequent meeting shall be twenty-five percent (25%) of be voting power of the Association.
No such subsequent meeting shall be held more than thirty (30) days following the preceding
9.13 Allocation of Assessments: All Common Assessments and Capital Improvement
Assessments of the Association payable during a calendar year shall be prorated among the
Members on the basis (herein designated as the "Assessment Perceale" provided hereby shall be
in addition to and in substitution for all other rights and remedies which the Association and its
assigns may have hereunder and by law, including a suit to recover a money judgment for unpaid
assessments, as above provided.
X GENERAL PROVISIONS
10.1 Enforcement: This Declaration may be enforced as follows:
(a) Breach of any of the covenants contained in this Declaration and the continuation of
any such breach may be enjoined, by Declarant, any Owner or by the Environmental Committee.
Any judgment rendered in any action or proceeding pursuant hereto shall include a sum for
attorneys' fees in an amount as the court may deem reasonable, in favor of the prevailing party, as
well as the amount of any delinquent payment, interest thereon, costs of collection and court
(b) The result of every act or omission whereby any of the covenants contained in this
Declaration are violated in whole or in part, is hereby declared, to be and constitutes a
nuisance, and every remedy allowed by law or every such result and may be exercised by Declarant,
any Owner, or by the Environmental Committee;
(c) The remedies herein provided for breach of the covenants contained in this
Declaration shall be deemed cumulative and none of such remedies shall be deemed exclusive;
(d) The failure to enforce any of the covenants contained in this Declaration shall not
constitute a waiver of the right to enforce the same thereafter;
(e) A breach of the covenants, conditions or restrictions contained in this Declaration
shall not affect or impair the lien or charge of any bonafide first mortgage made in good faith and
for value on any residential Lot or the improvements thereon, provided, however, that any
subsequent Owner of such property shall be bound by said covenants, whether
such Owner's title was acquired by foreclosure in a trustee’s sale or otherwise, but
shall not be liable for prior breach.
10.2 Severability: Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions which shall
remain in full force and effect.
10.3 Limited Liability: Neither Declarant, the Environmental Committee, nor any
member, agent or employee of Declarant or the Environmental Committee shall be
liable to any party for any action or for failure to act with respect to any matter if
the action taken or failure to act was in good faith and without malice.
10.4 No Public Right or Dedication: Nothing contained in the Declaration shall be
deemed to be a gift or dedication of all or any part of the Subdivision to the public, or
for any public use. This will include non-owner use of the Wildlife Easement Areas.
access through the locked gates and or road usage for the non-owner continual use
and any other use of the projects amenities without the Association approval.
10.5 Construction Notice and Acceptance: Every person who owns, occupies or
acquires any right, title, estate, or interest in any Lot in the Subdivision does and
shall be conclusively deemed to have consented and agreed to every limitation,
restriction, easement, reservation, condition and covenant contained herein,
whether or not any reference to these restrictions are contained in the instrument
by which such person acquired an interest in the properties, or any portion hereof.
10.6 Reservation of Easements:
(a) no owner of a Lot shall interfere with the established points at which
drainage enters and or leaves his Lot;
(b) declarant further expressly reserves, for himself and his agents and
employees, easements of access, ingress and egress, over the Lots, for the purpose of
maintaining, repairing and installing water and other utility line drainage
structures, septic lines, and laterals if necessary, in accordance with the provisions
of this Declaration, and otherwise provided by law.
10.7 Notices. Any notice permitted or required to be delivered as provided herein,
shall be in writing and may be delivered either personally or by mail. If delivery is
made by mail, it shall be deemed to have been delivered seventy two (72) hours after
the copy of the same has been deposited in the United Stales mail, postage prepaid, at
the mailing address of such person, as listed on the tax roles or other records of the
Summit County Assessor's or Treasure's Office, It shall be the responsibility of the Lot
Owner to contact the Association regarding any address changes.
10.8 Interpretation: The provisions of this Declaration will be liberally construed
to effectuate its purpose of creating a uniform plan for the development of a
residential community. The article and section headings have been inserted for
convenience only, and shall not be considered or referred to in resolving questions
or interpretation or construction. Unless the context requires a contrary
construction, the singular shall include the plural and the plural the singular, and
the masculine, feminine and neuter shall each include the masculine, feminine and
10.9 Severability: Invalidity or unenforceability of any provision of this
Declaration or of any Supplemental or Amended Declaration in whole or in part shall
not effect the validity or enforceability of any other provision or valid and
enforceable part of a provision of this Declaration.
10.10 Captions: The captions and beadings in this instrument are for convenience
only and shall not be considered in construing any provision, restriction, covenant
or condition contained in this Declaration.
Home Owners Association information is current as of Oct 2016