HomeMy WebLinkAbout919408
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RECEIVED 6/16/2006 at 3:50 PM
RECEIVING # 919408
BOOK: 623 PAGE: 558
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
AMENDED LONGVIEW RANCH DELCLARATION
OF
COVENANTS - CONDITIONS - RESTRICTIONS
DATED THIS 15TH DAY OF JUNE 2006
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This Declaration of Covenants, Conditions and Restrictions regulating and controlling the use and development of 32,71
acres of real property is made effective on the filing hereof by Longview Ranch, a Wyoming corporation, solely owed by
D,C. Krautter aka Don C. Krautter and Jean M, Krautter, Trustees of the Krautter Family Trust dated August 26, 1996; said
LongviewRanch of Alpine, Wyoming is hereinafter referred to as "Declarant",
Whereas, Declarant is the owner of that certain 32.71 acre property in Lincoln County, Wyoming, hereinafter referred to as
"Longview Ranch", a 26 lot planned unit development being located in the west 750 feet of the NW1l4 of Section 15,
Township 36 North, Range 119 West, Lincoln County, Wyoming, and more specifically identified as recorded Plat 361 and
recorded Plat 361-A in the office of the Lincoln County Clerk, Kemmerer, Wyoming; and
Whereas, the Declarant is acting to promote the recreation, health, safety and welfare of the owners of Longview Ranch and
will administer and enforce the provisions, covenants, conditions and restrictions of this declaration; and
Whereas, the Declarant reserved the right to amend these covenants, conditions and restrictions during the Declarant's
development period, Declarant may, without the consent or concurrence of any lot owner or any other party, amend, modify
or revoke this Declaration if reasonably necessary in the sole discretion of Declarant, to confonn to any requirement;
Now, therefore, the Declarant hereby declared that the property described above as "Longview Ranch", and any part
thereof, shall be held, transferred, sold, conveyed, encumbered, hypothecated, bonded, rented, used and occupied subject
to the following provisions, covenants, conditions and restrictions (hereinafter sometimes collectively referred to as
"Covenants"), all of which are for the purpose of enhancing and protection the character, values, desirability and
attractiveness of said real property, The Covenants shall run with all the real property of Longview Ranch and shall be
binding on all parties having or acquired any right, title or interest in said real property, or any part thereof, their heirs,
successors and assigns.
DEFINITIONS
As used herein, the following terms are defined;
ARTICLES, The tenn "Articles" shall mean the articles of the Longview Ranch Site and Governing Committee, and is
herein after referred to as the "Site Committee",
ASSESSMENT. The tenn "Assessment" shall mean and refer to any assessment duly made and levied by the site
committee.
COMMON RECREATION AREA. The tenn "Common Recreation Area" shall mean Lot 24 of the recorded Longview
Ranch plat and refer to the barbecue area and the "walk-in" easement to Wyoming state land-school Section 16,
COVENANTS, The tenn "Covenants" shall refer to this declaration of covenants, conditions, restrictions (Articles VIII)
and to supplemental declarations.
DECLARANT, The tenn "Declarant" shall refer to the Longview Ranch Corporation, it's successors and assigns,
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DECLARANT. The term "Declarant" shaH refer to the Longview Ranch Corporation, it's successors and assigns,
DEVELOPMENT PERIOD. The term "Development Period" shall mean and refer to a 20 year peliod of time
commencing on the date of executing hereof, during which time the Declarant of any successor Declarant
continues to develop any part of Longview Ranch,
HOME. The term "Home" shall mean a residence of not less than 1200 square feet that is restricted to three
bedrooms, and that singly occupies a Longview Ranch platted lot.
IMPROVEMENTS. The term "Improvements" shaH include, but not be limited to, any building, out-building,
road, driveways, parking areas, retaining walls, stairs, decks, hedges, windbreaks, patios, poles, signs and any
other structures of any type or kind.
LONGVIEW RANCH. The term "Longview Ranch" shaH mean and refer to the 32.71 acres located in the west
750 feet of the WIll of the NW1l4 of Section IS, T36N, R119W, Lincoln County, Wyoming - platted and
recorded as Longview Ranch Subdivision Plat 361 and Longview Ranch Subdivision Plat 361-A
LOT. TI1e tem1 "LoC shall mean and refer to any parcd of real property that is clearly identified as an individual
lot on the "Longview Ranch Subdivision Plat."
MEMBER. The term "Member" shall mean and refer to every person or entity, including the Declarant, who
holds membership on the Longview Ranch site Committee.
OVlNER. The term "O\\'Jler" shall mean and refer to the record owner, whether one or more persons or entities,
of a fee simple title to, or a leasehold estate, in all or any portion of Longview Ranch, including contract seHers,
but excluding those having an interest in the property merely as security for the performance of an obligation.
PERIMETER FENCE. The tenn "Perimeter Fence" shall mean and refer to the fence constructed by the
Declarant along the west and south boundary lines of Longview Ranch.
PROPERTY. The term "Property" means and refers to the real property of Longview Ranch - a recreational
zoned property being developed as a second home and retirement home community.
RECORD, RECORDED. The term "Record" or "Recorded" shall mean with respect to any document that shall
have been recorded in the office of the County Clerk of Lincoln County, State of Wyoming.
RECREATION FACITLITY. The "Recreational Facility" shall mean and refer to any improvement used for or
in connection with any recreational or social purpose in "Lot 24" of Longview Ranch,
RESIDENCE. The term "Residence" shall mean a single family residence on a platted lot of Longview Ranch.
ROAD. The term "Road" shall mean and refer to any graded and improved road located within or upon a portion
of Longview Ranch, or a road that serves as a right-of-way easement for access to Longview Ranch from U.S.
Highway 89.
SITE COMMITIEE. The term "Site and Governing Committee" shall mean and refer to the committee created
pursuant to Article I hereof and is hereinafter referred to as the "Site Committee".
STRUCTURE. TI1e term "Structure" shall mean and refer to anything constructed or erected on tl1e real property
of Longview Ranch.
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ARTICLE 1 - SITE AND GOVERNING COMMITTEE
SECTION 1- PURPOSE: The purpose of the Longview Ranch Site Committee it to govern all
construction, the common culinary water system and the Longview Ranch roads in such a way and manner that
Longview Ranch develops into a premium community for outdoor minded people.
SECTION 2 - MEMBERS: The Site Committee shall consist of three members. There may be one or
more alternate members designated for each regular member of the Site Committee, each of whom shall be
authorized to act in the place and stead of the member for whom he is an alternate in the event of that member's
absence or inability to act. Members and alternate members of the Site Committee shall be appointed by and shall
serve at the pleasure of Declarant during Declarant's development period.
SECTION 3 - TERM: Each of the persons designated as a member or alternate member of the Site
Committee shall serve until such time as he has resigned by giving written notice of his resignation to Declarant
or to whoever has the right to appoint or remove him as a member or alternate member or until he has been
removed or his successor has been appointed.
SECTION 4 - DUTIES: It shall be the duty of the Site Committee to consider and act upon all proposed
changes on the existing state of property, to formulate Site Committee criteria and to perform such other duties as
are delegated to it hereunder or under any supplemental declaration.
duties.
SECTION 5 - MEETING: The Site Committee shall meet from time to time as necessary to perform its
SECTION 6 - ACTION BY SITE COtvllvflTIEE: The vote or written consent of any two members shall
constitute action of the Site Committee. The Site Committee shall report in writing all approvals and disapprovals
of any changes in the existing state of property to Declarant, and Declarant shall keep a permanent record of all
such action.
SECTION 7 - LIMITATION ON LIABILITY: Neither the Site Committee nor any member thereof, nOr
Declarant, nor any agent or employee of any of the foregoing shall be liable to any party for any action or for any
failure to act with respect to any matter if the action taken or failure to act was in good faith. All members of the
Site Committee shall be indemnified and held harmless by the Declarant from liability, damages, and expenses for
any decision or action they may take while åcting within the scope and course of their duties.
ARTICLE II - REQUIRED APPROVAL OF ALL CHANGES
SECTION 1- CHANGE IN THE EXISTING STATE OF PROPERTY: "Change of the existing state of
"property" shall mean and include, without limitation, the construction or reconstruction of any building, structure
or other improvement, including utility facilities, the making or creation of any excavation, fill or similar
disturbance of the surface of the land including without limitation, change of grade, ground level or drainage
pattern.
SECTION 2 - APPROVAL OF CHANGE IN EXISTING STATE REQUIRED: no change in the
existing site of the property shall be made or permitted without the prior written approval of the Site Committee
and without compliance with Article II.
SECTION 3 - SITE COMMITTEE AFPROV AL: the Site Committee shall have complete discretion to
approve or disapprove any change in the existing state of property. The Site Committee shall exercise such
discretion with the following objectives in mind: To carry out the general purpose expressed in this Declaration,
to prevent any violation of any specific provision of this Declaration to prevent any change which would be
unsafe or hazardous to any persons or property, to assure that any change will be of good and attractive design
and in harmony with the rustic and natural setting of the area and will serve to preserve and enhance the existing
features of natural beauty,
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SECTION 4 - SITE COMMTITEE CRITERIA: The Site Committee shall adopt criteria consistent with
Section 3 by which it intends to exercise its discretion with regard to approval and disapproval of any change in
the existing state of property.
SECTION 5 CONDITIONS PRECEDENT TO APPROVAL: Prior to expenditures of any substantial
time or funds in the planning of any proposed change in the existing state of property, the owner shall advise the
Site Committee in writing of the general nature of the proposed change; all, if requested by the Site Committee,
shall meet with a member or members of the Site Committee to discuss the proposed change in the existing state
of the property.
SECTION 6 - COMPLETION OF WORK AFTER APPROVAL: After approval by the Site Committee,
any proposed change in the existing state of the property shall be accomplished as promptly and diligently as
possible.
SECTION 7 - FAILURE TO COMPLY: If the Site Committee shall find that any change in the existing
state of property shall have been undertaken without the approval of the Site Committee, in the violation of the
provisions of this Article II, it shall immediately notify the Declarant which shall have the right to remove any
such change in the existing state of property at the sole cost and expense of the owner or owners of the lot.
SECTION 8 - CERTIFICATES AND NOTICE: Upon request of the owner, the Site Committee shall
record an instrument of completion and compliance upon completion of the change in existing state of property
after having inspected the change in the existing state of property was completed strictly in accordance with the
description thereof and the plans and specifications thereof.
SECTION 9 - WANER: TIle approval of the Site Committee of the plans and specifications for any
change in the existing property shall not be deemed to be a waiver by the Site Committee of its rights to object to
any of the features or elements embodied in any other plans and specifications for another change in the existing
state of property.
SECTION 10 -PRESUMPTION OF COMPLIANCE: All of the changes in the existing state of property
heretofore or hereafter undertaken by Declarant or his agents or representative on any lot shall be conclusively
presumed in compliance with the provisions of this Article II.
ARTICLE III - VARIANCES
SECTION 1 - VARIANCES BY SITE COMMTITEE: The Site Committee may authorize variances
from compliance with any of the covenants contained in this Declaration or any supplemental Declaration when
circumstances such as topography, natural obstructions or hardship may require such variances. A petition for
variance must be evidenced in writing.
SECTION 2 - EFFECT OF VARIANCES: Ifa variance is granted by the Site Committee, no violation of
the covenants contained in the Declaration shall be deemed to have occurred with respect to the matter for which
the variance was granted. The granting of such a variance shall not operate to waiver any of the covenants
contained in this declaration or the provisions. Covenants, conditions and restrictions.
ARTICLE IV - PROPERTY RIGHTS
SECTION 1 - EASEMENT FOR UTILITIES: There is hereby reserved to Declarant a non-exclusive
easement and right of way in and on the subject property or any part thereof for the purpose of ingress and egress
to locate and repair utilities providing service to any lot, and for ingress and egress for fire fighting equipment.
SECTION 2 - ROADS: Each owner of a Longview Ranch platted lot shall have a non-exclusive
easement appurtenant to his property of ingress and egress over and on Longview Road, Fox Trail and Cabin
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Road of Longview Ranch and Longview Resort. Each owner may delegate his right under s~id .non-exclusive
easement for the benefit of his family, his tenants, servants, employees, agents, guests and mVltees, and any
contract purchasers of the property to which said non-exclusive easement is appurtenant.
SECTION 3 - DELEGATION OF USE: The owner of any lot may delegate to any occupant of the same
the right to use and enjoyment of the said facilities and any privilege appurtenant to the lot on which the lot is
located.
SECTION 4 - SNOW PLOWING: "Longview Ranch" had been designed and developed as a 12 month a
year residential resort. All Longview roads will be plowed whenever the snow cover exceeds 4 inches.
ARTICLE V - MISCELLANEOUS
SECTION I - DURATION OF DECLARATION: Any provision, covenant, condition or restriction
contained in this Declaration shall be covenants running with the land for the use and benefit of the lot owners
and shall continue and remain in full force and effect for the period of twenty (20) years following the recorded
date of this Declaration.
SECTION 2 - AMENDMENT or REVOCATION: At any time while any provision, covenant, condition
and restriction contained in this Declaration or any supplemental 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 owners of not less than two-thirds (2/3) of the Longview Ranch property owners.
SECTION 3 - ENFORCEMENT: The covenants contained in this Declaration shall be enforceable by
Declarant or by any owner of real property subject to this Declaration by a proceeding for a prohibitive or mandatory
injunction.
SECTION 4 - PROTECTION OF MORTGAGEE: No violation or breach of any covenant contained in
tIns Declaration shall defeat, render invalid or impair the lien of any mortgage taken in good faith.
SECTION 5 - LIMITED LIABILITY: Neither the Declarant nor the Site Committee nor any member,
agent or employee of any of the same shall be liable to any party if any action, or failure to act, was in good faith.
SECTION 6 - SEVERABILITY: Invalidity or unenforceability of any provision of this declaration shall
not affect the validity or enforceable ability of any other provision or valid and enforceable part of a provision of
this Declaration.
SECTION 7 - NO WAIVER: Failure to enforce any covenant in this Declaration or any supplemental
Declaration shall not operate as a waiver of any such covenant or of any other provision, restrictions, covenants or
conditions.
SECTION 8 - NOTICE: Except as othenvÍse provided, any notice permitted or required to be delivered
may be done so either personally or by mail. If delivery is made by mail, it shall be deemed to have been
delivered twenty-four (24) hours after a copy of the same has been deposited in the United States mail, postage
prepaid, addressed to the person at the address given by such person to the Declarant.
SECTION 9 - IRRlGATION WATER: All culinary water will be drawn from the Declarant's Longview
Ranch water system,·but nothing herein contained shall prevent any lot owner from filing for irrigation water with
the State Engineer's office, Cheyenne, \Vyoming for the purpose of watering lawn areas and having supplemental
fire protection.
ARTICLE VI - PROVISIONS APPLICABLE TO PARTICULAR LAND CLASSIFICATIONS
SECTION 1 - BUILDING RES1RICTIONS: Longview Ranch homes shall be used for residential living
purposes and are restricted to "Ranch-type" homes or homes approved by the Site Comnnttee.
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SECTION 2 - BEDROOMS: A ''Home'' as defined under defInitions of this Declaration is restricted to
three bedrooms. All guest cabins are restricted to two bedrooms.
ARTICLE VII - ASSESSMENTS
SECTION 1 - MAINTENANCE ASSESSMENT: Every owner of a platted lot will be subject to annual
maintenance assessments, billed on the 1st day of June of each year, and to be delinquent in 30 days thereafter.
The annual water assessment shall be three hundred dollars ($300.00) per developed lot using water from the
Declarant's culinary water system. One hundred fifty dollars ($150.00) will be annually assessed to all lot owners
for the maintenance of the Longview Ranch roads. The annual assessments may be increased, if necessary, by a
vote of the Site Committee, in conformance with the rise, if any, in the cost to the Declarant of maintaining the
Longview Ranch culinary water system and the Longview Ranch roads; said roads include all of Longview Road
from U.S. Highway 89.
SECTION 2 - DELINQUENT ASSESSMENT: Failure to promptly pay the maintenance assessment
when due shall constitute a lien upon the lot assessed, and shall also become a personal obligation of the owner of
such lot, enforceable either at law or in equity. All costs of collecting any such delinquent assessments, including
reasonable attorney fees, shall be paid by the delinquent owner and collected as part of the delinquent assessment.
ARTICLE vm - LONGVIEW RANCH PROTECTIVE COVENANTS
Whereas Longview Ranch, as described on Page 1 of this Declaration, is located in a very scenic area of
Star Valley and is adjacent to Wyoming State Land that is rich in most species of wildlife common to Wyoming,
the Declarant now hereby declares that the property described above as "Longview Ranch", and any part thereof,
shall be held, conveyed, transferred, sold, encumbered, hypothecated, bonded, rented, used and occupied subject
to the above Articles of this Declaration, and the following covenants, conditions and restrictions.
LONGVIEW RANCH COVENANTS. CONDITIONS AND RESTRICTIONS
1. No lot may be divided or subdivided or a fractional portion thereof sold or conveyed so as to be held in any
other divided ownership other than a home estate.
2. No lot shall be used for any commercial purpose, nor shall any business activity of any kind whatsoever be
conducted on any lot, except as in home business.
3. All roofIng material shall be woòd shingles, wood shakes, composite wood shakes, or asphalt shingles of not
less than 325 pounds per square. No sheet metal roofs are allowed. All roofIng fInishes must be non-
reflective.
4. Garage doors are not permitted to directly face the front property line. The visual impact of garage doors at
Longview Ranch is to be minimized.
5. A driveway base for site access to the proposed location of a residence must be completed prior to initiation
of any other construction activity.
6. All buildings shall be of a western design - or approved by the Site Committee.
7. No television antennas are permitted to be mounted on building roofs or chimney extensions thereon.
8. Motorhomes and RV units may be located upon a lot for a period not to exceed one year, provided that the
owner of the lot is at the same time undertaking the construction of a permanent dwelling house. When
construction has been completed, all Motorhomes and RV units ,vill be screened from the roadway by
landscaping material.
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9, At such time as a home is built upon a lot, each lot owner shaH be required to construct an underground
sanitation facility conforming with the laws of the State of Wyoming ,
10. With the exception ofthe Declarant's perimeter fence, no fences are allowed at Longview Ranch except those
fences that may, from time to time, be approved by the Site Conunittee to control dogs.
II, Longview Road, Fox Trail and Cabin Road shall be the only means of ingress and egress for any Longview
Ranch lot,
12, All electrical and telephone lines shalt be installed underground, no overhead lines being permitted on
Longview Ranch.
13. No improvements which may interfere ,,\lith the installation and maintenance of utilities shall be places on any
easement.
14. There is hereby reserved to Declarant, for the purpose of having adequate roadways and utility easements to
serve each lot, a perpetual easement thirty (30) feet in width along the lot edge adjacent to the main road of
each lot, for the purpose of erecting, constructing and maintaining roadways and public utilities.
15. No owner shall allow, debris, trash, rubbish or any material of unsightly appearance to remain upon any lot
and such materials shall be kept in a covered receptacle and weekly hauled from the premises. No outside
burning of debris, garbage, trash or rubbish is allowed. All garbage or trash containers must be hidden from
view from the street fronting the property.
16. No noxious of offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon
which is or may become a nuisance, disturbance or annoyance to others.
17. No light shall be emitted from any lot which is unreasonably bright or cause unreasonable glare. No sound
shall be emitted from any lot which is unreasonable loud or annoying, and no odor shall be emitted on any lot
which is noxious or offensive to others,
18. No activities shall be conducted on any lot which are or might be unsafe or hazardous to any person or
property. No firearms shall be discharged upon any lot, and no open fires shall be lighted or pern1itted on any
lot except on a contained barbecue unit while attended and in use for cooking purposes or within a safe
interior fireplace.
19. Not lot shall be used for the purpose of exploring for or the removal of oil, gas, minerals, sand or gravel.
20. Livestock and pets. NO animals or fowl other than ordinary household pets commonly housed in a residence
shall be permitted, and no such household pets shall be bred or maintained for conm1ercial purposes. No
more than two (2) dogs shall be kept on any lot and the owner of the dogs shall at all times have his/her dog
under control. No dogs shall be permitted to roam at \vill or to create a nuisance to the neighbors by barking
after 10 PM.
21. Maintenance. The exteriors of homes and all lot improvements shall be kept in good repair and II1 an
attractive and sightly condition by the property owner.
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22. Drainage. The established drainage pattern from, on or over any lot shall not be obstructed, altered or in any
way modified, unless previous written consent is obtained from the Site Committee.
23. Setback requj¡-ements, Side yard and rear property line setbacks for building purposes shall be 20 feet and
no building shall be built on any lot closer than 50 feet to the road utility easement line,
24. Signs. No permanent signs or advertising devices of any nature shall be erected or maintained on any lot
except as necessary to identify the ownership thereof.
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25. Storage Areas, Storage and garage areas will be incorporated into the general design of all homes, C J C 5 6 5
26. AIl lot owners will be assessed a $500.00 "hook-up" fee for water rrom the Declarant's common water
facility, and the water service to each home shall be % inch in diameter after entering the lot owner's home,
27. The elevation of a lot, or any portion thereof, shall not be changed so as to materially effect the swface
elevations or grade of surrounding lots.
28. No home shall be used for dwelling purposes by more persons than it was designed to accommodate
comfortably.
29. No building or any part thereof shall be higher than 25 feet, measured rrom the existing grade, unless
pemitted in \vriting by the Longview Ranch Site Committee,
30. No house trailer or mobile home shall be kept, placed or maintained upon any Longview Ranch lot at any
time.
31. No manutàctured or modular home shall be allowed on any Longview Ranch lot without the written consent
of the Longview Ranch Site and Governing Committee.
Invalidation of any of these covenants by judgment or court order shall III no way effect any of the other
provisions hereof which shall remain in full force and effect.
In Witness thereof, the Parties set their hands on this 15th day of June 2006,
D, c. 1-\.r'<::1u+ter. Tíus+ee
D,C. Krautter, Trustee
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STATE OF WYOMING - COUN1Y OF LINCOLN : 55
On this 15th day of June, 2006, before me personally appeared D.C. Krautter and Jean M Krautter, to me
personally known, who, being by me duly sworn and put upon their oath, did say that they are the trustees of the
Krautter Family Trust dated August 26, 1996, described in and which executed the foregoing instrument; that said
instrument was signed and sealed on behalf of said trust: that said trustees had the authoritv under the terms of the
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written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledge said
instrument to be the free act and deed of said trust
Given under my hand and notary seal this ISIb day ofJune 2006.
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. NOTARY PUBLIC
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