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Home My WebLink About928411 vv'>44? 7;;' DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BIRCH CREEK ESTATES This is a Declaration of Covenants, Conditions and Restrictions regulating and controlling the use and development of real property, made effective on the filing hereof, by Jon and MaryAnn Pittman of P.O. Box 5156, Etna, Wyoming, 83118, hereinafter jointly referred to as "Declaranr. Section 1. PURPOSE. Declarant is the owner of certain real property located in Lincoln County, Wyoming, which is described as Birch Creek Estates located in that part of GLO Lot 3 and that part of GLO Lot 4 of Section 1, Township 35 North, Range 119 West, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 325 of Photostatic Records at Pages 287 and 288, referred to as "the property". The property has been platted as Birch Creek Estates, and said plat has been filed in Book at Pages as Receiving No. . The Declarant is adopting the following Covenants, Conditions, and Restrictions to preserve and maintain the natural character and value of the property for the benefit of all the owners of the property. Section 2. DECLARATION. Declarant hereby declares that the property described above, and any part thereof, shall be owned, sold, conveyed, encumbered, leased, used, occupied, and developed subject to the following Covenants, Conditions, and Restrictions, which are referred to as "the Covenants". The Covenants shall run with the property, and shall be binding upon all parties having any legal interest in or title to the property, and shall be to benefit of all owners of the property. Section 3. DEFINITIONS. The following terms and phrases used in these Covenants shall be defined as follows: A. "Common Driveway" means the common access for Lots 2 and 3 off County Rd 110. B. "Development" means any alteration of the natural land surface, including buildings, vegetation, and any other site improvements. C. "Lot" means any portion of the property as shown on the recorded plat. D. "Owner" means the record owner of a lot. E. "Principal Residence" means the single family structure constructed on a lot which is the principal use of said lot. F. "Property" means the real land described in Section 1. PG 1 RECEIVED 4/16/2007 at 10:40 AM RECEIVING # 928411 BOOK: 654 PAGE: 447 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000448 G. "Structure" means anything built or placed on the lot including houses, barns, shelters, storage sheds, but excluding fencing. H. "Barn" means a structure for the storage of feed, and equipment, and for the housing of ranch animals allowed in these Covenants. I. "Large Animals" means horses, mules, donkeys, burros, llamas, alpacas. No more than 5 of these may be kept on Lots 2 and 3; no more than 15 may be kept on Lot 1. 4H projects such as swine, cattle, goats, sheep, rabbits, or chickens may be kept on any lot as long as said animals do not create a nuisance for other lot owners. J. "Pony club" means activities associated with United States Pony Club organizations. Section 4. ASSOCIATION. A non-profit Homeowners Association may be created by lot owners. Section 5. DESIGN AND CHARACTER. A. All structures shall be constructed in character with each other by using similar exterior roofing, building materials and earth tone coloring. B. Exterior materials can be rough sawn or milled log, wood, metal, or composite siding, stone, stucco, or similar good quality materials. Roofing may be cedar shake, asphalt shingle, or painted steel with non reflective finish. Solar panels may be used within the roofing system as long as there will be no glare to neighboring lots. C. Minimum floor plan of any single residence shall not be less than 900 square feet, excluding garage, carports, decks, or porches. D. One barn and 2 storage sheds are allowed on Lots 2 and 3. E. One guest house may be built on any lot. F. No structure shall be located nearer than 30 feet of any property line. G. No structure shall be constructed or placed on any lot which shall exceed the height of 28 feet maximum. Height is measured from natural grade to highest point. H. All construction of primary residence shall be completed within 1 year of commencing, barring uncontrollable natural disasters. Section 6. DEVELOPMENT AND USE RESTRICTIONS. A. LOT SPLITTING. No lot in Birch Creek Estates may be split. B. BUILDING PERMITS. All development must conform with Lincoln County land use regulations. PG 2 vuv449 C. AUTHORIZED USES. Only single family residential use shall be permitted. No more than one family may occupy such residence. Home-base business' that do not generate substantial traffic are permitted. Horse related activities, including breeding, training, riding lessons, boarding, and clinics are permitted. Pony club and 4H activities are permitted. D. PROHIBITED USES. No industrial, or non-single family residential uses shall be permitted. E. AUTHORIZED STRUCTURES. One single family residence, one guest house, one barn, and no more than 2 storage sheds shall be permitted on lots 2 and 3. Three-sided horse shelters in fields are permitted. . F. FENCING. Boundary fences and cross fences shall be limited to the following types: buck and rail; post and rail; and PVC covered wire. No barbed wire of any kind is allowed. Electric fencing allowed in conjunction with wood fencing. Dog kennels and animal pen fencing allowed. G. UTILITIES. All electrical, telephone and other utilities will be installed underground. H. PROHIBITED STRUCTURES. No house trailers, mobile homes, campers, or any other temporary structure shall be used on any lot as a place of habitation, except during the construction phase of the single family structure. All structures must be built on site on a permanent foundation. No modular or prefabricated residences are allowed. I. MAINTENANCE. Each lot and all development shall be maintained in a clean, safe, and sightly condition. No junk or inoperative vehicles shall be parked on any lot. All refuse and trash shall be kept in closed containers. No metals, building materials, or any other scraps shall be kept on lots 2 and 3 unless stored inside a structure. J. LIVESTOCK/PETS. large animals as defined in Section 3, and any 4H projects may be kept on any lot. No more than 5 large animals shall be kept on lots 2 and 3; no more than 15 large animals shall be kept on lot 1. Dogs and cats are allowed. All animals shall be restrained and controlled at all times so that they do not cause a nuisance to neighbors. All grazing shall be done in a good husbandry like manner. Proper manure management shall be handled on each lot. Corral facilities are required if horses are kept so as to limit overgrazing. The corral area shall not exceed 1 acre in size on lots 2 and 3. K. OTHER ACTIVITIES. No noxious or offensive activity shall be permitted on any lot. No unresonalbly loud, annoying noises, or offensive odors shall be emitted beyond any lot. PG 3 000450 L. LIGHTING. No light shall be emitted from any lot which is unreasonably bright or causes unreasonable glare for any adjacent lot owner. M. SEWAGE. Each building shall be connected to a private sewage disposal system at owner's expense, and shall comply with Lincoln County and the State of Wyoming requirements. No outdoor toilets shall be permitted. N. WATER. Each lot will be on its own private well at owner's expense. Irrigation rights are given to each lot as recorded with the Wyoming State Engineer. O. COMMON DRIVEWAY. Access to Lots 2 and 3 is from a common driveway off of County Road 110. This private road shall be maintained in good and passable condition by the owners of Lots 2 and 3, including snow removal for year-round access, and fire protection. Owners of Lots 2 and 3 shall share equally in the costs of road maintenance. Section 7. AMENDMENTS AND MODIFICATIONS. These Covenants may be amended, modified, or revoked at any time as provided in Section 8, by the written consent of two-thirds of the lot owners. All such changes shall become effective on the date of recording a document reflecting such amendments in the County Clerk's Office for Lincoln County, Wyoming. Section 8. DURATION OF COVENANTS. All of the covenants, conditions and restrictions set forth herein shall continue and remain in full force effective from the date of recording in the County Clerk's Office for Lincoln County, Wyoming, until as amended or modified, or until revoked as provided in Section 7. IN WITNESS WHEREOF, this Declaration of Covenants, Conditions, and Restrictions is executed this / () -r h day of 4.0 'y ¡' / 2007. , <)~ \5~ Jon D. Pittman ~ PG4 STATE OF WYOMING ) ) ss. COUNTY OJ? LINCOLN ) 000451 The foregoing instrument was acknowledged by Jon D. Pittman and MaryAnn, Declarants, who acknowledged said instrument on this 10th day of April, 2007. WITNESS my hand and official seal. CHRISTINA K. ALLRED· NOTARY PUBLIC CO. UNTY OF .'. ". STATE OF LINCOLN -, " WYOMING t MY COMMISSION EXPIReS Ö4/:3Ò/2Ö09 ~ry~- ¿{ olß~ My Commission Expires: 4 "~.:y)-/)~ PG5