DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR BAILEY ACRES
A CLUSTER SUBDIVISION PHASE 1 AND PHASE 2
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION AND RESERVATION OF EASEMENTS is made this ____ day of October, 2016 by, Bailey Acres Owners Association a Corporation-Domestic-Non-Profit Declarant:
RECITALS:
- A. Description of Land. Declarant is the Owner of certain property in the County of Weber, State of Utah, which is more particularly described in Exhibit “A” attached hereto and incorporated herein.
- B. Owner’s Association. Declarant has deemed it desirable, for the efficient preservation of the values and amenities in the real property descried above (“Properties”), to create a non-profit corporation under the Utah Non-Profit corporation and Cooperative Association Act to which should be delegated and assigned the powers of the covenants and restriction and collecting and disbursing the assessments and charges hereinafter created which said corporation is sometimes hereafter referred to as the “Association”.
- C. Development. Declarant will develop and convey all of the Lots, as hereinafter defined, pursuant to a general plan for all of the Properties and subject to certain protective covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges, all running with the Properties and construction of improvements therein, nor Declarants’ rights to maintain model homes, construction, sales nor leasing offices or similar facilities on any Lot owned by Declarant, nor Declarant’s right to post signs incidental to construction, sales or leasing, as long as, Declarant’s actions conform to applicable governmental ordinances,
Each Owner of a Lot shall be a Member of the Association; upon the elimination of the Class B Membership as provided herein, each of the Lots shall have one (1) vote in the Association. The common obligations shall be distributed in like percentages. - D. Declaration. Declarant hereby declares that all of the Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied, and improved, subject to the following easements, restrictions, covenants conditions and equitable servitudes, all of which are for the purpose of uniformly enhancing and protecting the value, attractiveness and desirability of the Properties, in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements and equitable servitudes set forth herein shall run with the Properties and shall be binding upon all persons having any right, title or interest in the Properties or any part thereof, their heirs, successors and assigns and shall insure to the benefit of and be binding upon Declarant, its successors in interest an each Owner and his/her successors in interest and by the Association.