HomeMy WebLinkAbout916385
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AMENDED
NORDIC RANCHES
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR RECEIVED 3/2/2006 at 11 :52 AM
RECEIVING # 916385
DIVISIONS NO. 13 BOOK: 613 PAGE: 600
JEANNE WAGNER
_ _ L!~~~LN COUNTY CLERK, KEMMERER, WY
WHEREAS, Reinhart-Edwards L.L.C. are the sole owners in common of Nordic Ranches as the
same appears as part ofthat described in the notice of Purchasers Interest of record in the office
of the Clerk of Lincoln County and as described and shown on the plat of record in the said
office for the Nordic Ranches Divisions No. 13.
WHEREAS, the undersigned desires to place certain Covenants, Conditions, and Restrictions on
said Ranches in Lincoln County, Wyoming, for the benefit and protection of the undersigned and
those purchasing lots within said Nordic Ranches.
WHEREAS, the undersigned desires that this instrument shall define the Covenants, Conditions,
and Restrictions upon said Ranches and shall be incorporated into the deeds and contracts to
persons purchasing lots in said subdivision with said Covenants thereby intended to apply to each
lot and to run with the land through subsequent transactions.
WHEREAS, Reinhart-Edwards LLC previously filed Covenants, Conditions and Restrictions for
Division No. 13 as found on Page 920 of Book 500 in the Lincoln County Clerk's Office, State
of Wyoming, Reinhart-Edwards LLC now amends said covenants, conditions and restrictions as
follows.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that all lots in Nordic
Ranches Subdivision, including all phases, above described are subject to the following listed
Covenants, Conditions, And Restrictions, to-wit:
(1) GOVERNING BOARD Clarence L. Reinhart, Dorothy 1. Reinhart, and Ganelle B.
Edwards, are the sole governing board for Nordic Ranches Subdivision for the purpose of
developing Nordic Ranches Subdivision and for the purpose of enhancing and protection
of the value, desirability, and attractiveness ofthe real property and every part thereof.
Lot owners may advise the Governing Board on matters that concern their health, safety,
welfare, or residential enrichment singularly or concurrently, directly or through an
appointed representative. They shall be in writing (2 copies) and signed by each owner
favoring the stated proposals or suggestions. A decision shall be rendered and returned
within 90 days and said decision shall be binding in the future to all parties as a
reaffirmation or a change to our Covenants, Conditions, and Restrictions. A change to
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within 90 days and said decision shall be binding in the future to all parties as a
reaffinnation or a change to our Covenants, Conditions, and Restrictions. A change to
our Covenants, Conditions, and Restrictions may occur only as a result of approval by a
simple majority oflot owners and approval of the Developers until the last lot is sold,
thereafter modification by simple majority based on one vote per lot owned. It is the
express wish of the Developers that Nordic Ranches Subdivision remain a low density,
residential development with a primary concern for maintaining environmental quality.
At such time as the Developers are no longer the majority property owners in Nordic
Ranches Subdivisions, all phases, then the Developers may, at their discretion, establish a
Homeowner's Association based on voting rights of one (1) vote per lot owned within
Nordic Ranches Subdivisions, all phases.
HOWEVER, until such time as the Governing Board may establish a Homeowners
Association, regular appointed meetings of the Board may not be an occuIT.ence until
such meetings may be specifically requested by property owners within Nordic Ranches
Subdivision.
(2) ROADWAYS The Developers shall provide private roadway access to all lots within
Nordic Ranches Subdivisions No. 13, all phases. Roadways provided by the Developers,
though private, shall be constructed to meet county standards at the date of approval.
Maintenances of those roadways provided by the Developers shall be at the discretion of
the Developers based on usage requirement of lot owners serviced by said roadways.
Snow removal fiom private roads constructed by the Developers shall be at the
discretion and expense of lot owners served by said roadways. Should lot owners so
elect to maintain said private roads fiee of snow, then they shall do so in a manner so as
to not create a hazard or damage to the Developers' roadways, utilities which may occur
within roadway easements, or privately owned properties adjoining said roadways.
Individual lot owners shall maintain their lots fiee of noxious weeds by keeping full lot
seeded with appropriate grasses. This shall include area of lot within that part of lot
covered by roadway easements.
Private roadways constructed by Developers, as shown on the final plats of Nordic
Ranches Subdivision, shall be considered to be pennanent easements. Easements shall be
of the length, width, and circumference as described on the final plat of Nordic
Ranches Subdivision.
Driveways fiom the private roadways or cu-de-sacs shall be constructed and maintained
solely at the expense of the individual lot owner. Said driveways shall be constructed
only after written approval of the Governing Board upon submission of sight plans.
Driveways shall be constructed in such a manner as to not create a hazard of damage to
adjacent property owners or roadways through dust or drainage.
2
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(3) DOMESTIC WATER Water will be provided by deep wells located within the
subdivision. Distribution of water from said wells shall be constructed by the Developer
to the lot lines. Hook-up shall be at the owners expense. Hook-up fee which will include
meter pit and meter must be paid to Nordic Ranches Water Association at time of
purchase. Rates will be provided by the Water Association. Each consumer shall be
billed for the water used, proportionate share according to usage of the costs of repair,
electrical, and other maintenance costs that must be apportioned out to the shared usage.
Water that is from these wells are to be used for domestic water only. Reporting and
testing of these wells to insure water quality will be done by chosen members by the
Lot owners. Water as provided by the Developers shall not be for use in irrigation
nor for the filling of artificial streams, lakes, or ponds as may be constructed by the lot
owners.
Should owners at a future time choose to, at their own expense, and as permitted by
county, state, and federal regulations, construct any separate water system, NO allowance
will be made for their non-usage of the system.
Whereas, Clarence L. And Dorothy I. Reinhart, as Developers, have provided deep wells
located upon the plats and have provided distribution of water from such wells to the
various properties, and may additionally in the, course of further development of such
Nordic Ranches provide additional wells and distribution systems, the owners
acknowledge and understand that the wells and distribution systems placed in service or
to be placed in service by the developer shall (upon sale by Developers of Nordic
Ranches, all phases) become the undivided property of the lot owners of record, their
heirs and assigns.
At such time as all lots are sold in all of Nordic Ranches Subdivision all phases, said
subdivision wells and distribution systems shall automatically revert to the lot owners
who shall upon such occurrence and at such time, from either a homeowners association
or a well and water distribution association to then service, maintain, repair and manage
such wells and distribution systems.
Upon such occurrence (the sale of all lots within all of Nordic Ranches Subdivisions, all
phases) the control, ownership, and responsibility of said wells and distribution system
shall be that of the lot owners, their heirs and assigns, at which point the Developers shall
not have further responsibility for the maintenance, upkeep and/or servicing of such wells
and distribution system and shall under no circumstances be held liable for same. This
shall be binding on Nordic Ranches Subdivision, all phases, and all individual lot owners
who purchase from the Developers as well as subsequent individual lot owners who shall
purchase the remaining lots in Nordic Ranches Subdivisions, all phases and including all
future phases.
IRRIGATION RIGHTS IN DIVISIONS NO. 13 In accordance with the Irrigation
Company guidelines, 33 irrigation heads are allowed on each 40 acres comprising Nordic
Ranches, Div. 13. Under these guidelines, each lot owner is allowed 11.5 g.p.m. flow for
3
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outside irrigation. Two inch pipes will be stubbed into each lot to allow this quantity to
be used. No irrigation pipe larger than two inch will be allowed in any private lot within
the subdivision. Irrigation water use may be regulated or eliminated completely by the -
Irrigation Company in times oflow water. Agricultural use will have first priority in low
water periods.
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(4) ELECTRICITY AND TELEPHONE These services shall be provided by the Developers'
to the lot line. Any costs of the required improvements will be borne by the lot owner.
All repair from within the lot distribution as well as the installation shall be at the
responsibility of the lot owner. These will be constructed in agreement between the
consumer and the public utilities companies. There shall be allowed no above ground
transmission lines of any nature upon lots within the Nordic Ranches Subdivision.
(5) ASSESSMENTS Assessments shall be made fÌ'om time to time upon each lot within
Nordic Ranches Subdivision. Assessments shall be made by the Governing Board or
Homeowners Association, whichever is in force at the time of assessment, and shall be
collected as fair reimbursement for services rendered. In the event that assessments
should exceed actual cost of services, the additional monies may be equitably redisbursed
to the lot owners or may be retained to create an operating fund for services or
improvements within the subdivision.
Should a majority oflot owners (as determined by a vote of one vote per lot owned) deem
certain improvements necessary within Nordic Ranches Subdivision which may enhance
the quality and/or property value of all lots within said subdivision, then said
improvements shall be deemed as cost assessable to all lot owners on a per lot basis.
Should certain services or improvements be made to one lot owner and not another, the
owner/owners served shall be assessed separately.
A. Roadways shall be assessed for in general to each lot served by said roadway for
any maintenance as may be provided by the Governing Board or Association.
B. Water shall be assessed for each lot served, to be determined by gallons used as
indicated on separate water meters. The price per gallon shall be established as
regulated and priced by county or state regulation.
C. Electricity and telephone are not assessable by Nordic Ranches Subdivision when
delivered to the individual lot owner. However, any costs of electricity to run the
wells, etc. shall be charged to owners served in proportionate share to the gallons
of water consumed.
Assessments on lots within Nordic Ranches Subdivision are expressly made for
maintenance, extended services and reasonable improvements within the subdivision. It
is not the intent of the Developers to use the above stated assessments for personal profit.
Assessments may be made on a regular monthly or annual basis or may be levied as
4
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specific one time assessments. Rate of assessments may vary rrom time to time
dependent upon the cost and nature of the service or improvement being assessed for.
It should be understood by all present and future lot owners, their heirs and assigns, that
all lots within Nordic Ranches Subdivision are subject to assessment. And, that all
assessments levied upon lots specifically or generally within the Nordic Ranches
Subdivision shall be considered as legal and reasonable cost to specified lot owners.
And it is understood that lot owners shall have a reasonable and lawful time of 30 days
rrom date of posting said assessment billing in the United States Postal System to pay
said assessments. And should such assessments not be promptly paid, then the
Governing Board or Homeowners Association reserves the right to charge interest on
the unpaid balances due at a maximum legal rate of interest or may elect to discontinue
service for which reimbursement has not been made. Under no circumstance shall the
Governing Board or Homeowners Association be required to make or provide services,
maintenance or improvements within Nordic Ranches Subdivision rree of charge to lot
owner or owners.
(6) Every owner shall have a right and an easement of enjoyment in and to the roads and
forest access, areas and such easement shall be appurtenant to the respective lot or lots for
which each owner holds such interest and shal~ pass with the title to every lot, subject to
the following provisions:
A. The right of the Developers and/or Dec1arants to dedicate or transfer or grant
rights-of-way to all or any part ofthe roads or forest access areas to any public
agency, authority, or utility for such purposes as the Developer.:; or Declarants
deems in their sole discretion, beneficial to the property and lots so long as such
dedication or transfer does not unreasonably interfere with the owners right to
ingress or egress to and rrom his lot or forest access areas and the enjoyment
thereof.
(7) BUILDING AND STRUCTURAL IMPROVEMENTS All lots with Nordic Ranches
Subdivision are limited to not more than one single family dwelling and not more than
four (4) additional, detached secondary structures as garages, barns, stables, etc.
No residential structure shall have a ground floor area exclusive of one story porches,
carports, or garages ofless than one thousand (1000) square feet on the main floor unless
the house is a split entry and in that case a minimum of eight hundred (800) square feet of
living area is required or in the case of a split entry each level with a minimum of two
levels finished can be less than six hundred (600) square feet ofliving area exclusive of
porches, garages or carports. All residences shall have a garage. Any deviation of this
must have approval of the Governing Board Or Homeowners Association.
No structure shall exceed three (3) stories in height above finished grade level.
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It has not been the intent of the developers to consider the use of "Manufactured Homes"
or "Modular Homes" on the lots, However, the Governing Board, in an effort to be fair,
would on a case by case basis do an evaluation on a submitted design or plans and if they
felt they would meet the criteria, could give pennission for building. The Board's
decision would be final. Approved metal siding would be allowed, and wood siding
would be considered. An attached carport or double garage would be required.
However, for not more than one year (12 months) a camper or mobile recreational vehicle
type unit shall be allowed to be put on a lot during the construction phase of the single
family dwelling. Upon completion of the construction or lapse of twelve (12) months,
whichever occurs first, the camper or mobile type unit shall be removed from said lot.
This allowance is made only for the construction phase of the pet:mitted single family
dwelling and not for the construction phase of any additional outbuildings.
However, one recreational unit may be stored in the storage area so long as the unit is
not being used to live in. One trailer may also be stored in the storage area for such use
as a horse trailer. Any additional storage should be housed in a penn anent shed for that
purpose.
No manufacturing, commercial, or business operation other than arts, crafts, or
professional operated solely by members of th~ family actually occupying the residence
shall be conducted on any lot; no advertising ()ther than a temporary sign not exceeding
fifteen (15) inches by twenty-five (25) inches shall be exhibited on any lot, nor shall lots
be used in any manner nor for any purpose which may endanger the health, or
unreasonably disturb the holder of any other lot.
No building shall be located on any lot nearer than twenty (20) feet to any property
boundaries, and adjacent to agricultural lands; this set back shall be twenty-five (25) feet.
As a general guide to lot owners, it is required that structures constructed on any lot,
whether for residential use or storage or shelters, be of good architectural style with
consideration given to the surrounding environment of mountains, forest and fann lands.
It is not the Developers desire to discourage individuality unless such individuality were
to create an obvious conflict with the surrounding environment or be of a nature as to be
considered objectionable by adjoining property owners. It is further the desire of the
Developers that the structures on anyone lot show a degree ofhannony to one another
both in styling and in color.
Any building pennitted to be constructed within Nordic Ranches Subdivision shall have
exterior construction completed in not less than twelve (12) months from time of
beginning. Interior completion shall be at the option of the owner.
No structures on any lot, where residential or outbuilding shall be pennitted to be in a
state of disrepair. All structures shall be properly maintained as any prudent property
owner would nonnally do. Should the Governing Board or Homeowners Association
6
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find a lot or structure thereon to be objectionable due to disrepair, disorderliness or
disregard, the owner of the said lot or structure shall take prompt action to repair the
same.
~'606
It is the Developers intent to protect property values within Nordic Ranches Subdivision
through controlled private development. And, no private development shall be allowed
to occur on any lot which through design construction or maintenance might devalue
adjoining properties.
(8) GENERAL CONDITIONS AND RESTRICTIONS No gas or oil drilling or mining,
gravel operation or quarry operation of any kind shall be permitted on any lot; nor shall
any offensive activity or condition be created or permitted to exist on any lot which
may be or become an annoyance or nuisance to adjacent property owners. All trash and
waste shall be kept in sanitary containers, except upon written permission by the
Developers and they shall not grant permission when it may be or becomes an annoyance
to adjacent property owners.
All lot owners within Nordic Ranches Subdivision are guaranteed the right to quarter,
raise, or pasture 1 and ~ grazing animals per acre of lot owned. The quartering, raising,
or pasturing of any other livestock shall be at t~e option of the lot owner unless:
A. The quartering, raising, or pasturing of said additional livestock can be shown to
be damaging to the land through overgrazing or becomes objectionable to other
property owners due to odor, noise, or appearance.
B. The quartering, raising, or pasturing of the livestock is for commercial purposes
or is for the purpose of feeding or boarding animals beyond the immediate needs
of the property owner and their immediate family members.
In such event that additional livestock on any lot should fall into either category A or B
above, then, upon written notice of the Governing Board of Homeowners Association,
the property owner at fault shall promptly, within thirty (30) days of receipt of notice, .
remove the objectional livestock and not replace the same without written consent of the
Governing Board or Homeowners Association.
It is the intent of the Developers to allow owners the maximum degree of choice and
flexibility of land use while retaining a means to control land usage should the necessity
arise through the imprudence of a lot owner. In the event that a lot is used for the
quartering, raising, or pasturing of livestock of any kind, then the lot owner shall make
adequate provision for the shelter, feeding, watering and proper maintenance of the same.
And any appurtenances erected specifically for the care and maintenance of said animals
shall be constructed only upon signed approval of the Governing Board or Homeowners
Association and will be well maintained so as to not detract from the family residence
and adjoining property.
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Dogs running at large within the area of the designated subdivision are hereby declared to
be a public nuisance. Any dog running at large off of a lot owners property may be
impounded and transported to an animal shelter as approved by the Board. Any such
animal that is impounded and transported by a designee of the Board shall be held by the
animal shelter until all costs and fees of the boarding of the animal are paid by the owner.
In the event the animal is released prior to the fees and costs being paid, the owner of the
dog shall be responsible to the Board for all reasonable expenses, fees and costs incurred
by the Board for impounding the animal. All costs of the impoundment, quarantine, and
testing on the dog shall be paid by the owner or custodian of the dog pursuant to this
provISIOn.
Any dog which attacks any person in a vicious manner within the area of the designated
subdivision may be taken and impounded by the designee of the Board and destroyed if it
is found to be in the best interest of the residence of the subdivision. The dog owner
and/or custodian of the dog shall be responsible for all costs of impounding and
destroying the animal. In the event an animal is destroyed by the Board because Of a
vicious attack, the Board shall not be responsible for any damages associated with the
destruction of the animal.
The developer specifically adopts by corporation and reference any applicable animal or
dog ordianances in the County of Lincoln, State of Wyoming, and may impound any
animal that is found to have violated any Lincoln County ordinances or regulations. Any
costs associated with the impoundment of the animal will be the responsibility of the dog
owner and/or custodian.
All garbage shall be stored within sanitary containers until hauled from the premises. No
outside burning of any material shall be allowed at any time of fire hazard or at times or
in a manner likely to cause damage to vegetation or improvements on any other lot, or at
any time or in any maimer prohibited by the County of Lincoln.
Should any lot owner elect to have horses or livestock animals as permitted in these
covenants, then the owner of the same shall be required to construct fencing to contain
said animals. A post and rail design shall be allowed. Post and rails may be constructed
of wood, metal or vinyl so long as they are of a natural coloration. Other products and
colors would be considered, but must be approved in advance by the Governing Board.
Posts shall be of a five (5) foot height with three (3) or four (4) horizontal rails. One,
two, or three strand(s) of barbed wire shall be allowed in conjunction with, but not as an
alternate to the horizontal rails. Fences shall be maintained in a good state of repair. Any
other design of fencing, whether in height or style as for corrals shall be constructed only
upon consent for the Governing Board.
Storage of vehicles, machinery and large toys shall either be within an enclosed shelter or
in a neat and defined area rather than randomly.
8
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It is the Developers desire that all lots within the Nordic Ranches Subdivision be well
planned, constructed and maintained and that there should be made no waste thereof. It
is intended that these Covenants, Conditions, and Restrictions be of a protective nature
rather than a prohibitive nature, protective both toward the investment of lot owners and
toward the natural environment.
No lot of Division 13 shall be further subdivided, nor may any easement or other interest
therein less than the whole be conveyed by the owner thereof (including any
sub-association) without the prior written approval of the Governing Board or the
Homeowners Association; provided, however, that nothing shall be deemed to prevent or
require the approval ofthe Governing Board or the Homeowners Association for the
transfer or sale of any lot to more than one person to be held by them as
tenants-in-common, joint tenants, tenants by the entirety or as community property.
In the event that anyone or more of the Covenants, Conditions, or Restrictions herein
set forth shall be held by any court of competent jurisdiction to be null or void, all
remaining Covenants, Conditions, and Restrictions set forth herein shall continue
unimpaired, and remain in full force and effect.
AMENDING. CHANGING. OR NULLIFICATION of these Covenants will be solely at
the discretion and the right of the Developers 'until such time as the Developers may elect
to create a Homeowners Association. Any a¡pendment, change or nullification of these
Covenants shall be considered to be in effect from the time of recording an shall be
applicable to all lots within this phase within Nordic Ranches Subdivision.
DURATION OR TERMINATION OF COVENANTS. CONDITIONS. AND
RESTRICTIONS. The foregoing Covenants, Conditions, and Restrictions will tenninate
twenty-five (25) years from the date of recordation. However, the Governing Board or
Homeowners Association if they so desire, may extend the effective period as they
desire.
This instrument of Covenants, Conditions, and Restrictions shall be binding on Nordic
Ranches Subdivision, Divisions No. 13.
t their hand this ~ day of Fe '0
~L~
G.B. Edwards
~
IN WITNESS WHEREOF, the partie
,2006.
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STATE OF WYOMING )
)8.8.
COUNTY OF LINCOLN )
....;:.."'~ _..~,-y~'~
S DIAf\iA MERRIT ~ NOTARY PUBLIC;'
'~. County of IJt4l\ .State.of ':~
. Uncoln "'i:!1.' Wyo /l'Ig I
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"";,·'\,_'f'!.1-¡r-l'¡¡."t.>'.k~::f,,\C ":;', ';T",::;:'¡l}Øi' '.,', ",:' , .;:' ";" '·I~~:I:¡':.~',.:f.:¡:" ",..,.
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2 .: 60 9
On this ~ day of ~, 2006, before me, the undersigned, a Notary Public in and
for Wyoming, personally appeared Clarence L. Reinhart and G.B. Edwards, known to me to be
the persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
j)~ ~U/l/7Æ '
Notary
Commission Expiration Date 10 I g /0 7
Residing at Iht:.. .¡ n >(
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10