PPE Covenants
This is a copy of the original set of covenants that were filed with Summit County.
Each section had a different set of covenants that were filed when each section was created. The first section was filed on 4 October 1960. The second section was filed on 13 July 1961. Section three was filed on 18 September 1961. Section four was filed on 7 June 1962. Each section was just a little bit different from the one before it. As you read through them you can see why they needed to be updated to conform to today's building codes and why it was necessary to make all four of the areas subject to one set of covenants.
Entry No. 92238
RESTRICTIVE COVENANTS
Pine Plateau Estates No. 1.
WILLIAM TRACY MACKAY JR. is the owner of the following described real estate, situated in Summit County, State of Utah: All of Lots 1 through 6 inclusive, Pine Plateau Estates No. 1, according to the official plot thereof, recorded in the office of the County Recorder of Summit County, and is desirous of developing said property as a residential area with the restrictive covenants hereinafter set forth. Therefore, the following restrictions are hereby created and declared to be covenants running with said lots to apply to each of said lots 1 through 6, and each and every part thereof and the undersigned owner hereby declares that the aforesaid land is to be held and shall be conveyed subject to the follow restrictions and covenants.
1. PERSONS BENEFITTED AND BOUND: Benefits and burdens of these covenants and restrictions shall run with the land and all persons and corporations who now own or shall hereafter acquire any interest in the land here in before described shall be taken and held to agree and covenant with the present and future owners of said land and with his or their successors and assigns, to conform to and observe the following covenants and restrictions as to the use thereof and construction of residences thereon for a period from this date hereto to a date 25 years from the date that these covenants are recorded, after which time said covenants shall be automatically extended for successive period of 10 years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
2. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling and a private garage and such other buildings, shed for garden tools or other structures which the architectural control committee approves in advance. No lot shall be divided or re-subdivided into smaller lots or parcels. Wells shall not be drilled or dug upon any lot. No trash, ashes or any other refuse may be thrown or dumped on any such lot or any land owned in summit count by William Tracy MacKay, Jr. or Maude MacKay except as permitted by the agricultural control committee in advance.
3. ARCHITECTURAL CONTROL COMMITTEE. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure has been approved by the architectural control committee, as to conformity and harmony of external design with existing structures in the subdivision, as to location of the building with respect to topography and finished ground elevation, and as to size and value. No fence, hedge or similar obstruction shall be erected, placed or altered on any lot unless similarly approved.
4. DWELLING COSTS AND QUALITY. No dwelling shall be permitted on any lot at a cost of less than $5000.00, exclusive of lot, based upon cost levels prevailing on the date these covenants are recorded. It being the intention and purpose of this covenant to insure that all structures be of quality of workmanship and materials substantially the same of that which can be produced at the minimum cost set herein.
5. BUILD LOCATION. No building or other structure shall be located on any lot nearer than 10 feet from any property line of any such lot except as approved in advance by the architectural control committee.
6. NUISANCES. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done there on which may be or may become an annoyance or nuisance to the neighborhood.
7. TEMPORARY STRUCTURES. No structures or temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent, without the prior approval of the architectural control committee.
8. FARM ANIMALS. No farm animals may be kept on any lot for a period or greater than one continuous period of 36 hours in any one calendar week.
9. ADVERTISING. No signs, bill boards or advertising structures may be erected or displayed on any lot.
10. SEWAGE. In conjunction with any residence built upon any such lot, such residence is required to have a sewage disposal system constructed conforming to the requirements of the Utah State Department of Health.
11. ARCHITECTURAL CONTROL COMMITTEE MEMBERSHIP. The architectural control committee is composed of William Tracy MacKay, Jr., Maude MacKay, and James R. Knobel. In the event of the resignation or death of any member of said committee, the remaining members shall have full authority to approve or disapprove or to grant or refuse to grant permission as specified in these covenants, or to designate a representative with like authority. Neither the members of such committee or its designated representative shall receive any compensation for services performed pursuant hereto. In the event of the resignation or death of any member or members of such committee, the remaining member or members of such committee may at their option appoint a successor on such committee for such decedent. The committee's approval or disapproval, or grant of permission or refusal of grant of permission shall be in writing. In the event said committee, or its designated representative, fails to approve or disapprove within 30 days or to grant or refuse permission within 30 days after request, approval or grant of permission will not be required and this covenant shall be deemed to have been fully complied with.
12. VIOLATION AND DAMAGES. If any owners of any lot, or their successors or assigns, shall violate or attempt to violate any such covenants or restrictions herein, the then property owners, individually and collectively, and the members of the architectural control committee, individually and collectively, shall have the right to sue for and obtain a prohibitory or mandatory injunction against any owner or user of any of the property described herein to pre vent a breach or to enforce the observance of the restrictions set forth, in addition to the ordinary legal remedy for damages.
13. SEPARABILITY. Invalidation of any one of these covenants in whole or in part, by judgment or court order or otherwise, shall not affect the validity of any of the other provisions not so invalid and such other provisions shall remain in full force and effect.
IN WITNESS WHERE OF William Tracy MacKay, Jr. has executed these restrictive covenants this 3rd day of October, 1960.
STATE OF UTAH
COUNTY OF SUMMIT
On the 3rd day of October, 1960 personally appeared William Tracy MacKay, Jr., the signer of the foregoing instrument, who duly acknowledged to me that he executed the same.
J. Emerson Staples
Notary Public, residing in Summit County, Utah
My commission expires October 8 1960
Recorded at the request of W. Tracy MacKay, October 4, A.D. 1960 at 10:36 A.M.
Wand Y. Spriggs, County Recorder.....
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RESTRICTIVE COVENANTS
Pine Plateau Estates No. 2
William Tracy MacKay, Jr., is the owner of the following described real estate, situated in Summit County, State of Utah: All of Lots 201 through 238, inclusive, Pine Plateau Estates No. 2, according to the official plat thereon, recorded in the office of the County Recorder of Summit County, and is desirous of developing said property as a residential area with the restrictive covenants hereinafter set forth. Therefore, the following restrictions are hereby created and are declared to be covenants running with said lots to apply to each of said lots 201 through 238, and each and every part thereof and the undersigned owner hereby declares that the aforesaid land is to be held and shall be conveyed subject to the following restrictions and covenants.
1. PERSON BENEFITTED AND BOUND. Benefits and burdens of these covenants and restrictions shall run with the land and all persons and corporations who now or shall hereafter acquire any interest in the land hereinbefore described shall be taken and held to agree and covenant with the present and future owners of said land and with his or their successors and assigns, to conform to and observe the following covenants and restrictions as to the use thereof and construction of residences thereon for a period from the date hereto to a date 25 years from the date that these covenants are recorded, after which time said covenants shall be automatically extended for a successive periods of 10 years, unless an instruments signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
2. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, place or permitted to remain on any lot other than one detached single-family dwelling and a private garage and such other building, shed, or garden tools or other structures which the architectural control committee approves in advance. No lot shall be divided or re-subdivided into smaller lots or parcels. Wells shall not be drilled or dug upon any lot. No trash, ashes or any other refuse may be thrown or dumped on any such lot or on any land owned in Summit County by William Tracy MacKay, Jr., or Maude MacKay except as permitted by the agricultural control committee in advance.
3. ARCHITECTUAL CONTROL COMMITTEE. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure has been approved by the architectural control committee, as to conformity and harmony of external design with existing structures in the subdivision, as to location of the building with respect to topography and finished ground elevation, and as to size and value. No fence, hedge or similar obstruction shall be erected, place or altered on any lot unless similarly approved.
4. DWELLING COSTS AND QUALILTY. No dwelling shall be permitted on any lot at a cost of less than $5,000.00, exclusive of lot, based upon costs levels prevailing on the date these covenants are recorded. It being the intention and purpose of this covenant to insure that all structures be of a quality of workmanship and materials substantially the same of that which can be produced at the minimum cost set forth herein.
5. BUILDING LOCATION. No building or other structure shall be located on any lot nearer than 10 feet from any property line of any such lot except as approved in advance by the architectural control committee.
6. NUISANCES. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
7. TEMPORARY SSTRUCTURES. No structures of temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporary of permanents, without the prior approval of the architectural control committee.
8. FARM ANIMALS. No farm animals may be kept on any lot for a period of greater than one continuous period of 36 hours in any one calendar week.
9. ADVERTISING. No signs, bill boards or advertising structures may be erected or displayed on any lot.
10. SEWAGE. In conjunction with any residence built upon any such lot, such residence is required to have a sewage disposal system constructed conforming to the requirements of the Utah State Department of Health.
11. ARCHITECTURAL CONTROL COMMITTEE MEMBERSHIP. The architectural control committee is composed of William Tracy MacKay, Jr., Maude MacKay, and James H. Knobel. In the event of the resignation or death of any member of said committee, the remaining members shall have full authority to approve or disapprove or to grant or refuse to grant permission as specified in these covenants, or to designate a representative with like authority. Neither the members of such committee or its designated representative shall receive any compensation for services performed pursuant hereto. In the event of the resignation or death of any member of members of such committee, the remaining member of members or such committee may at their option appoint a successor on such committee for such decedent. The committee's approval or disapproval or grant of permission or refusal of grant or permission shall be in writing. In the event said committee or its designated representative, fails to approve or disapprove within 30 days or to grant or refuse permission within 30 days after request, approval or grant of permission will not be required and this covenant shall be deemed to have been fully complied with.
12. VIOLATION AND DAMAGES. If any owners of any lot, or their successors or assigns shall violate or attempt to violate any such covenants or restrictions herein, the then property owners, individually and collectively, and the members of the architectural control committee, individually and collectively, shall have the right to sue for and obtain a prohibitory or mandatory injunction against any owner or user of any of the restrictions set forth, in addition to the ordinary legal remedy for damages.
13. SEPARABILITY. Invalidation of any one of these covenants in whole or in part, by judgment or court order or otherwise, shall not affect the validity of any of the other provisions not so invalid and such other provisions shall remain in full force and affect.
Signed
William Tracy MacKay Jr.
STATE OF UTAH
County of Salt Lake
On the 12th day of July A.D. 1961 personally appeared before me William Tracy MacKay, Jr., the signer of the foregoing instrument who duly acknowledged to me that they executed the same.
My commission expires March 9, 1961 Robert Jay Anderson
NOTARY PUBLIC
Recorded at the request of Security Title Co. July 13, 1961, at 2:26 P.M.
Entry No. _ _ _ _ _?
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RESTRICTIVE COVENANTS
Pine Plateau Estates No. 3.
WILLIAM TRACY MACKAY, JR. is the owner of the following described real estate, situate in Summit County, State of Utah: All of lots 301 through 336 inclusive, Pine Plateau Estates No. III, according to the official plat thereof, recorded in the office of the County Recorder of Summit County, and is desirous of developing said property as a residential area with the restrictive covenants hereinafter set forth. Therefore, the following restrictions are hereby created and are declared to be covenants running with said lots to apply to each of said lots 301 through 336, and each and every part thereof and the undersigned owner hereby declares that the aforesaid land is to be held and shall be conveyed subject to the following restriction and covenants.
1. PERSONS BENIFITED AND BOUND: Benefits and burdens of these covenants and restrictions shall run with the land and all persons and corporations who now own or shall hereafter acquire any interest in the land hereinbefore described shall be taken and held to agree and covenant with the present and future owners of said land and with his or their successors and assigns, to conform to and observe the following covenants and restrictions as to the use thereof and construction of residences thereon for a period from the date hereto to a date 25 years from the date that these covenants are recorded, after which time said covenants shall be automatically extended for successive period of 10 years, unless an instrument signed by a majority of the owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
2. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling and a private garage and such other buildings, shed for garden tools or other structures which the architectural control committee approved in advance. No lot shall be divided or re-subdivided into smaller lots or parcels. Wells shall not be drilled or dug upon any lot. No trash, ashes or any other refuse may be thrown or dumped on any such lot or an any land owned in Summit County by William Tracy MacKay, Jr. of Maude MacKay except as permitted by the agricultural control committee in advance.
3. ARCHITECTURAL CONTROL COMMITTEE: No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the architectural control committee, at to conformity and harmony of external design with existing structures in the subdivision, as to location of the building with respect to topography and finished ground elevation, and as to size and value. No fence, hedge or similar obstruction shall be erected, placed or altered on any lot unless similarly approved.
4. DWELLING COSTS AND QUALITY: No dwelling shall be permitted on any lot at a cost of less than $5,000.00, exclusive of the lot, based upon cost levels prevailing on the date of these covenants are recorded. It being the intention and purpose of this covenant to insure that all structures be of a quality of workmanship and materials substantially the same of that which can be produced at the minimum cost set herein.
5. BUILDING LOCATION: No building or other structure shall be located on any lot nearer then 10 feet from any property line of any such lot except as approved in advance by the architectural control committee.
6. NUISANCES: No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may be or becomes an annoyance or nuisance to the neighborhood.
7. TEMPORARY STRUCTURES. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporary or permanent, without the prior approval of the architectural control committee.
8. FARM ANIMALS. No farm animals may be kept on any lot for a period of greater than one continuous period of 36 hours in any one calendar week.
9. ADVERTISING: No signs, bill boards or advertising structures may be erected or displayed on any lot.
10. SEWAGE: In conjunction with any residence built upon any such lot, such residence is required to have a sewage disposal system constructed conforming to the requirements of the Utah State Department of Health.
11. ARCHITECTURAL CONTROL COMMITTEE MEMBERSHIP: The architectural control committee is composed of William Tracy MacKay, Jr., Maude MacKay, and James R. Knobel. In the event of the resignation or death of any member of said committee, the remaining members shall have full authority to approve or disapprove or to grant or refuse to grant permission as specified in these covenants, or to designate a representative with like authority. Neither of the members of such committee or its designated representative shall receive any compensation for services performed pursuant hereto. In the event of the resignation or death or any member or members of such committee, the remaining member or members of such committee may at their option appoint a successor on such committee for such decedent. The committee's approval or disapproval, or grant of permission or refusal of grant of permission shall be writing. In the event said committee, or its designated representative, fails to approve or disapprove within 30 days or to grant or refuse permission within 30 days after request, approval or grant of permission will not be required and this covenant shall be deemed to have been fully complied with.
12. VIOLATIONS AND DAMAGES: If any owners of any lot, or their successors or assigns shall violate or attempt to violate any such covenants or restrictions herein, the then property owners, individually and collectively, and the members of the architectural control committee, individually and collectively, shall have the right to sue for and obtain a prohibitory or mandatory injunction against any owner or user of any of the property described herein to prevent a breach or to enforce the observance of the restrictions set forth, in addition to the ordinary legal remedy for damages.
13. SEPARABILITY: Invalidation of any one of these covenants in whole or in part by judgment or court order or otherwise, shall not affect the validity of any of the other provisions not so invalid and such other provisions shall remain in full force and effect.
In Witness Whereof William Tracy MacKay, Jr. has executed these restrictive covenants this 28th day of August, 1961
William Tracy MacKay
On the 18 day of September, 1961 personally appeared William Tracy MacKay Jr. the signer of the forgoing instrument, who duly acknowledged to me that he executed the same.
J. Emerson Staples
Notary Public, residing in Summit County, Utah
Recorded at the request of Wm. T. MacKay Jr., September 18, A.D. 1961 at 2:00 P.M.
Wanda Y. Spriggs, County Recorder
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Entry No. 95321
RESTRICTIVE COVENANTS
Pine Plateau Estates No. 4
KNOW ALL MEN BY THESE PRESENTS:
Security Title Company, Trustee, a Corporation of Utah, the owner of the following described property situate in the County of Summit, State of Utah, to-wit:
Lots 401 to 448, inclusive, PINE PLATEAU ESTATES NO 4, according to the official plot thereof, recorded in the office of the County Recorder of Summit County.
In consideration of the premises and as part of the general plan for improvement of said property, do hereby declare the property herein above described subject to the restrictions and covenants herein recited.
1. Benefits and burdens of these covenants and restrictions shall run with the land and all persons and corporations who now own or shall hereafter acquire any interest in the land hereinbefore described shall be taken and held to agree and covenant with the present and future owners of said land and with his or their successors and assigns, to conform to and observe the following covenants and restrictions as to the use thereof and construction of residence thereon for a period from the date hereof to a date 25 years from the date that these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years, unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part.
2. No commercial, industrial, business or enterprise of any kind or nature shall be carried on or upon said premises. No lot shall be used except for residential purposes. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling and a private garage and such other buildings, shed for garden tools or other structures which the Architectural Control Committee approves in advance. No lot shall be divided or re-subdivided into smaller lots or parcels. Wells shall not be drilled or dug upon any lot. No trash, ashes, or any other refuse may be thrown or dumped on any such lot or on any land owned in Summit County by Security Title Company or William Tracy MacKay, Jr. or Maud MacKay except as permitted by the Architectural Control Committee in advance.
3. The land in this subdivision shall be maintained and preserved in its original and natural condition, so far as possible. All trees, timber, natural vegetation and soil shall be left in place, except when removal is necessary for the construction of a dwelling or other improvement, all of which must be authorized and approved by the Architectural Control Committee referred to below.
4. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee, as to conformity and harmony of external design with existing structures in the subdivision, as to location of the building with respect to topography and finished ground elevation, and as to size and value. No fence, hedge or similar obstruction shall be erected, place or altered on any lot unless similarly approved.
5. No dwelling shall be permitted on any lot at a cost of less than $3,000.00, exclusive of lot, based upon costs levels prevailing on the date these covenants are recorded. It being the intention and purpose of this covenant to insure that all structures be of a quality of workmanship and materials substantially the same of that which can be produced at the minimum cost set herein.
6. No building or other structure shall be located on any lot nearer than 10 feet from any property line of any such lot except as approved in advance by the Architectural Control Committee.
7. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
8. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be use on any lot at any time as a residence, either temporary or permanent, without first obtaining prior written permission of the Architectural Control Committee.
9. No farm animals or poultry may be kept on any lot for a period of greater than one continuous period of 36 hours in any one calendar week.
10. No sign, bill board or advertising structure of any kind shall be erected or displayed on any lot except one "For Sale", or "For Lease" sign of a size not to exceed more than one square foot, except a sign of not more than six square feet advertising the property for sale or rent used by the builder or subdivision developers to advertise the property during the construction and sales period.
11. In conjunction with any residence built upon any such lot, such residence is required to have a sewage disposal system constructed conforming to the requirements of the Utah State Department of Health.
12. Each lot shall have and be subject to an easement twenty (20) feet wide all as shown on the recorded plot, for ingress and egress of all the lot owners and their guests. The system of roadway within this subdivision as shown on the recorded plot shall remain private roadways and will not be dedicated to Summit County for public use without the consent of the majority of the lot owners.
13. An easement for the installation and maintenance of utilities is hereby reserved on each lot, the location of which shall be as shown on the recorded subdivision plat or at such other location determined by the Architectural Control Committee as being necessary and convenient, provided however that the same shall not unreasonably interfere with the individual lot owner's use and enjoyment of his property.
14. The Architectural Control Committee is composed of William Tracy MacKay, Mr., Robert C. McAuliffe, and Herbert H. Halliday. In the event of the resignation or death of any member of said committee, the remaining members shall have full authority to approve or disapprove or to grant or refuse to grant permission as specified in those covenants, or to designate a representative with like authority. Neither the members of such committee or its designated representative shall receive any compensation for services performed pursuant hereto. In the event of the resignation or death of any memb3er or members of such committee, the remaining member or members of such committee may at their option appoint a successor on such committee for such member. The committee's approval or disapproval, or grant of permission or refusal of grant of permission shall be in writing. In the event said committee, or its designated representative, fails to approve or disapprove with-in 30 days or to grant or refuse permission within 30 days after request, approval or grant of permission will not be required and this covenant shall be deemed to have been fully complied with.
15. Each lot owner shall automatically be a member of an association composed of all of the owners of lots in this subdivision. Said association shall meet for the first time when any three or more members shall mail a notice to every other member, at his last known address, stating the time and place of the first meeting and a general a general statement of the business to be transacted. This notice shall be mailed at least fifteen (15) day before but not more than twenty-five (25) days before the date of said first meeting. Officers shall be elected at the first meeting of the association by a majority vote, each lot being entitled to one vote and such business shall be transacted as properly comes before it. It shall be one of the duties of the association to provide for the maintenance, repair, surfacing or alteration of the private roadway system within the subdivision. No officer shall be entitled to compensation for the discharge of the duties of his office and the operation of this association shall be on a non-profit basis. The association shall have the power to assess and collect monies from each lot owner on a fair and equal basis, as agreed to by a majority of the members, to meet its administrative expenses and to accomplish any of the above or such other improvements as are approved by a majority vote of the members. In the assessing and collecting of monies the association shall have the same power and authority as a governmental unit, including the right to sell any lot for non-payment of any lawful assessment and tax.
16. If any owners of any lot, or their successors or assigns, shall violate or attempt to violate any such covenants or restrictions herein, the then property owners, individually or collectively, shall have the right to prosecute any proceedings at law or in equity against the person, firm or corporation so violating or attempting to violate any such covenants or restrictions and either prevent him from so doing or to recover damages of other dues for such violation. Any person owning an interest in a lot in this subdivision, his heirs, successors, grantees, personal representatives or assigns, who violate or attempt to violate any of the covenants and restrictions contained herein, does hereby agree to pay all costs of enforcing these protective covenants and restrictions, whether or not suit is filed and including the payment of a reasonable attorney's fee.
17. Invalidation of any one of these covenants in whole or in part, by judgment or court order or otherwise, shall not affect the validity of any of the other provisions not so invalid and such other provisions shall remain in full force and effect.
SECURITY TITLE COMPANY, TRUSTEE
By L. R. Wright
By N. Gayle Nielson
STATE OF UTAH
County of Salt Lake
On the 7th day of June, A.D. 1962, personally appeared before me L. R. Wright and N. Gayle Nielson who being by me duly sworn did say, each for himself, that he, the said L.R. Wright is the Vice President, and he, the said N. Gayle Nielson is the Vice Pres. of SECURITY TITLE COMPANY, Trustee, and that the within and foregoing instrument was signed in behalf of said corporation by authority of a resolution of its Board of Directors and said L.R. Wright and N. Gayle Nielson each duly acknowledged to me that said corporation executed the same and that the seal affixed is the seal of seal of said corporation.
Robert Jay Anderson Notary Public
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This following document was obviously written for Pine Plateau but I can find no evidence that it was ever signed by any board members nor was it ever filed with Summit County.
The following rules and interpretations were adopted and established by resolution by the officers of Pine Plateau Estates Property Owners Association at a meeting held 1 November 1982, and amended 7 June 1988.
MANAGEMENT RULES AND INTERPRETATIONS OF RESTRICTIVE COVENANTS
ASSESMENTS
1. Each member shall pay to the association his pro-rated portion of the cash requirement deemed necessary by the officer to manage and operate Pine Plateau Property Owners Association. The present yearly assessment is established as $40.00 per year for members that have cabins and $20.00 per year for those that have unimproved lots. The annual assessment is due and payable on or before the first day of June each year.
2. The association shall be given notice in writing of an intended lease or sublease. No such lease or sublease shall take effect for any purpose unless and until the following requirements have been completed and satisfied:
A. A written consent to such lease or sublease must be signed by an officer of the association. The association shall not unreasonably withhold its consent.
B. In the case of any lease or sublease the tenant shall execute in writing an agreement to perform and comply with all provisions of the declaration and rules and regulations promulgated pursuant, thereto.
ARCHITECTURAL CONTROL
1. No building shall be erected, place or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee. It being the intention and purpose of this covenant to insure that all structures be of a quality of workmanship and materials.
a. Any owner desiring to build or remodel must first obtain written approval from the Architectural Control Committee. Although there is no established dollar cost or value, the committee will review each request as to quality and conformity and harmony to existing structures in the project.
b. Any request for approval must be in writing and in detail enough to permit the committee to make a determination.
c. It is the owners’ responsibility to obtain a building permit from Summit County.
d. Any construction must meet the requirements of Utah State and Summit County Building Codes.
2. The Architectural Control Committee may approve the use of travel trailers, campers, motor homes etc., for overnight or weekend camping or for vacations not to exceed 14 continuous days. The Committee may also approve the use of temporary structures during the time of construction of a permanent dwelling. All approvals must be in writing and with the lot owners’ agreement to abide by the management Rules, including but not limited to the provision which requires "No Open Fire on Any Lot".
3. No trash, ashes or any other refuse shall be thrown or dumped on any lot.
4. Any type of open fire, including camp fires is prohibited except by advance written permission of the committee.
5. Firearms or fireworks shall not be discharged within the boundaries of Pine Plateau.
6. There shall be no hunting allowed, either rifle or bow and arrow, within the boundaries of Pine Plateau.
ROADWAY, TRAFFIC CONTROL
The association will provide maintenance and repair of fences and roadway system. Each year the officers will determine those areas that can be repaired/improved with what money is available from the yearly assessments.
The speed limit on all roads within the boundary of Pine Plateau is 10MPH unless otherwise posted. All Federal, State and County laws are applicable and will be enforced.
Recreation type vehicles (i.e. motorcycles, snowmobiles) must have mufflers/exhaust systems that meet Federal and State requirements for us within city limits.
Pine Plateau covenants establish a 20' wide easement along the front of each lot for ingress and egress of all property owners. The covenants also set forth that nothing shall be done that may become an annoyance or nuisance to the neighborhood.
The operation of motorcycles and 3 or 4 wheel ATV's shall be limited to ingress and egress (coming in or going out of the project) unless they are operated in such a manner that would not become an annoyance or a nuisance to any other property owner.
The following are some guidelines an operator must comply with:
Excessive speeds damage our roads so obey the 10 mph speed limit.
Riding around and around on the same roads and past the same property soon becomes a nuisance, so ride on roads or in an area within the project that does not become an annoyance to another property owner.
If any property owner advises the operator they have become a nuisance the operator must either find another area to ride or refrain from riding.
Vehicles must be operated in compliance with Utah State and Federal Laws.
Anytime it is necessary for any lot owner to dig up the roadway or right-of-way it shall be the lot owners’ responsibility to make the necessary repairs to bring it to the prior condition and return the subdivision to its original and natural condition.
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