THIS DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR SOUTH HILLS POD 4 (this "Declaration") is made and executed this 13th day of March, 2018, by Richmond American Homes of Utah, Inc., a Colorado corporation, with an address of 849 West Levoy Dr, Salt Lake City, Utah 84123 ("Declarant").

 

RECITALS

     A.    Declarant is the owner of Certain real property in Herriman City, Salt Lake County, Utah, more particularly described on Exhibit A attached hereto (the "Property"). Declarant desires to develop the Property was developed as a single-family residential development to be known as "South Hills POD 4 Subdivision" (the "Project"). The Project shall consists of sixty-nine (69) one hundred thirty-seven (137) single-family Lots.

     B.    By this Declaration, Declarant desires and intends to develop a common scheme and planned community on the Project, as shown on the Plat, for the possession, use, enjoyment, repair, maintenance, restoration, and improvement of the Project.

     C.    In order to efficiently manage and to preserve the value and appearance of the Project, it is necessary and desirable to create a nonprofit corporation to maintain Common Areas in the Project; to collect assessments and disburse funds as hereinafter set forth; and to perform such other acts as shall generally benefit the Project and the Homeowners. South Hills Pod 4 Owners Association, Inc., a homeowners association and nonprofit corporation, has or will be incorporated for the purpose of exercising the aforementioned powers and functions. It is intended that this Declaration shall serve as a binding contract between the Association and each Owner; however, nothing herein is intended to create a contractual relationship between Declarant and the Association or Declarant and any Owner, or to inure to the benefit of any third-party. Additionally, it is not intended that this Declaration should be read in conjunction with any deed or real estate purchase contract to create privity of contract between Declarant and the Association.

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DECLARATION

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     NOW, THEREFORE, it is hereby declared that the Project shall be held, sold, conveyed, leased, rented, encumbered, and used subject to the following easements, rights, assessments, liens, charges, covenants, servitudes, restrictions, limitations, conditions, and uses, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. Declarant, and Each Owner, by acceptance of a deed to a Lot, hereby agrees, acknowledges and understands that the Project is not, by execution and recording of this Declaration, being submitted to the provisions of the Utah Condominium Ownership Act, §§ 57-8-1, et seq., Utah Code Ann. (the "Condominium Act"). This Declaration does not constitute a declaration as provided for in the Condominium Act and the provisions of the Condominium Act shall not be applicable to Property or any portion thereof. In addition, the Project is not a cooperative under Title 57, Chapter 23, Utah Code Ann.