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DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
WILLOW CREEK WILDERNESS RANCH
Declaration of Covenants, Conditions and Restrictions regulating and controlling
the use and development of real Property, mflde effective this 20th day of April, 2007 by
Deon F. Heiner, Cheryl V. Heiner, Quinn R. Heiner, ifyesoon Heiner.
1. Purpose: Declarants are the Owners of certain real property located in
Lincoln County, Wyoming, which property is more particularly described as: S 17
N2SE4 SE4NE4 SW4NE4 150.98 Acres NE4SE4 Township 33 Notth, Range 118 West,
T33 Rl18, Wyoming. which is hereinafter referred to as "the Property". 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 Owners of the
Property or any part there of.
2. Declaration: Declarant hereby declares that the Property shall be owned, sold,
conveyed, encumbered, leased, used. occupied and developed subject to the following
Covenants, Conditions. and Restrictions, which are sometimes referred to hereinafter as
the "Covenants". The Covenants shall run with the Property and any lot there of, and
shall be binding upon all parties having or acquiring any legal or equitable interest of any
part of this Property, their heirs, successors and assigns, and shall inure to the benefit of
each owner thereof.
3. Definitions: The following terms and phrases used in these documents shall be
dermed as:
A. Original Owners: Quinn R. Heiner. Hyesoon Heiner. Deon F. Heiner, Cheryl
V. Heiner.
B. Common Services,.... shall mean the roadway maintenance. snow removal
services, fees and maintenance for on site or off site fire protection, utility
maintenance and repair services for the Common Road and Shared Access
Road and the utility lines located in the right of ways of such roads. Utility
lines shall include all electric. telephone, irrigation, and any other utilities,
as they become available.
C. Committee - shall mean the Management Committee responsible for the
administration qnd enforcement of the Covenants, Conditions and
Restrictions.
D. Declarant - shall mean Quinn R. Heiner, Hyesoon Heiner, Deon F. Heiner,
Cheryl V. Heiner and their successors or heirs.
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RECEIVED 5/14/2007 at 9:44 AM
RECEIVING # 929305
BOOK: 657 PAGE: 761
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
.000762
Q:j2930S
E. Design Group - shall mean the committee to consider and act upon such
proposals for plans submitted to it from time to time.
F. Development - shall mean any alteration of the natural land surface, and all
buildings, structures or other site improvements placed on the land to
accommodate the use of a lot.
G. Ranch - shall mean and refer to any plot of land shown upon any recorded
map of the Willow Creek Wilderness Ranch, with the exceptions of common
area.
H. Owner - shall mean the recorded owners of a lot.
1. Principal Residence - shall mean the single family residential structure,
constructed on any lot of the Property, which is the principal use of such lot,
and to which other authorized structures on such lot are necessary.
J. Common Area - shall include the common road and shared access of the
property.
K. Single Family residential structure - shall mean on residence, no multi
families dwelling in one structure.
4. Association Membership: Every Owner of a lot within the Willow Creek
Wilderness Ranch shall be a member of the association. Membership shall be
appurtenant to and may not be separated from ownership of any Ranch which is subject
to assessment.
5. Design Group: The Design Group shall be the committee of two persons and
at least one shall be an architect, designer, contractor or developer.
6. Building Permit: No building, fence or other improvement, shall be
constructed erected or maintained, on any lot or tract, nor shall any addition thereto, or
altercation therein, be made until the ideas, plans, specification and such other
information relating to such improvements as the Design Group my require, shall have
been submitted to and approved in writing by the Design Group. In passing upon such
plans and specification, the Design Group shall consider the suitability of the
improvements, the materials of which it is being constructed, the colors to be used and
the site upon which it is being constructed, the nature of the adjacent and neighboring
improvements, the quality of the material to be used in any proposed improvements and
the effect of any proposed improvement. It being the objective of the Design Group that
no improvement is so similar or dissimilar to other in the neighborhood that values,
monetary, or esthetic, will be impaired. Material shall consist of wood, stone, glass or
concrete, no vinyl siding or masonite products.
A. The Design Group - shall review the plans and specifications within
fourteen (14) days from the submission thereof, and determine if the
proposed use or development conforms to the requirements of these
covenants. The design Group may approve plans and specifications
subject to any conditions or modifications, which the Design Group
determines to be necessary in order to ensure the conformity with the
requirements of these covenants. The Design Group shall retain one
set of plans and specifications.
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7. Development and Land Use Restrictions:
shall conform to the following requirements:
A. Each lot may only be divided one time with one house and Guesthouse
on each half maximum. Provisions in addition to county land use
regulations - conformity with any and all applicable land use
regulations of Lincoln County shall be required, in addition to the
requirements of these covenants. In case of any conflict, the more
stringent requirements shall govern.
Residential Use - All lots and tracts are hereby restricted in use for
residential purpose on, and neither the premises, nor any
improvements thereon, shall be used for any commercial. industrial.
public, illegal or immoral purposes and no nuisance shall be
maintained or permitted to exist thereon. Home offices are allowed if
they do not create any amount of traffic that would be considered
burdensome by a reasonable and prudent neighbor. No parking shall
be allowed at any time on the common roads within the Ranch due to
fire protection and snow removal.
Authorized structures - No building or structure shall be constructed,
placed or maintained on any lot except a single-family owned
residence, garage facilities, associated out buildings, stable and corral
fac8ilities not to exceed a total of four buildings or structures on any
one lot. All structures to be similar in design and materials.
Construction - Only new construction shall be permitted. All
buildings shall be fashioned in character, design and architecture. No
non approved used materials, no prefabricated and no modular
structures of any kind shall be permitted for the main residential
bu8ilding. All main residential buildings must be built on site. No A-
frame or Yurtec structures shall be allowed. Unless otherwise
permitted by the Design Group. No garage, stable, corral or other
outbuildings shall be prefabricated or constructed from used
materials. The roofs of all structures shall be constructed of shake,
asphalt shingles, non-reflecting metallic roof coverings or such
materials as may be approved by the Design Group. Exterior colors
shall be subdued and in the earth tone range. Color samples or pieces
of all exterior materials and roofing materials to be used, shall be
submitted to the Design Group for approval. All exterior construction
on the primary residence shall be completed within two years from the
commencement date of construction unless the Design Group and
Committee approves and extension for good cause. All construction
and alteration shall comply with Current County and state building
and safety codes. Minimum Floor sq. ft. area on main level 2400 sq.
ft.
Setbacks, Floor Area Requirements -All structures shall be set back at
least thirty feet from the front lot line, 30 feet from the 80 foot Willow
Creek Ranch right of way.
Utilities - Electrical and telephone lines have been installed
underground to each lot. Connections within the property to
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All development and use
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000764
underground utility line shall be completed at the lot owner's expense
and shall be underground.
G. Temporary Structure Prohibited - No temporary structures such as
trailers, tents, shacks or other similar buildings shall be permitted on
any lot, except during construction as authorized by the Design
Group.
H. Maintenance - Each lot and all improvements there on shall be
maintained in clean, safe and sightly condition. Noxious weeds must
be kept under control at all times. Failure of any lot owner to control
weeds on his lot, properly contain garbage, shall result in the
committee correcting the situation and assessing the lot owner for the
expense incurred by the committee.
1. Water System - Each structure designed for occupancy or use by
human beings, shall be connected to a private water supply system at
the owner's expense. Such water system, well's shall conform to the
standards applicable for the area, including, without being limited to,
the Wyoming State Department of Environmental Quality and the
Department of Wildlife Resources.
J. Waste Disposal - Each structure designed for occupancy or used by
human beings, shall be connected to a private, individual waste
disposal system at the owners expense. Such waste disposal system
shall conform to the standards applicable for the area, including
without being limited to, the District Health Department. No outdoor
toilets shall be permitted, except during construction. It must be of
storage type and be serviced and cleaned on as needed basis.
K. Excavation and Mining - No excavation of stone, sand, gravel, or earth,
shall be made on any lot, except for such excavation as may be
necessary in the connection with the erection of an approved
improvement thereon. No oil drilling, oil development operation,
quarrying, or mining operations of any kind shall be permitted on any
lot. Ponds may be built with approval of committee.
L. Hunting will be allowed on each lot by owner - Permission must be
obtained from landowner to hunt on someone else's lot or lots.
Archery Only for Hunting.
M. Snowmobiles and Motorcycles - In no way shall these vehicles be used
in such a manner as to infringe on the rights of others within the
Ranch. It is the right of the Committee to review and adjust this rule
as problems arise. Snow machining and motorcycling on personal lots
is allowed as long as it does not infringe upon the rights of other lot
owners. No snow machining Qr motorcycling or horseback riding is
allowed on anyone else's lot without permission of the property owner.
N. Easements - The easements shown on the map of the property are
hereby reserved for the purpöse of installing and maintaining utility
facilities, for such other purposes incidental to the development of the
property .
O. Water Right - Some lots have irrigation water rights issued by the
State of Wyoming and shall be enforce by the State. Overusing water
not issued by the Sté}te to the lot will not be allowed. No Damning,
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O~Z~93 t. '.JI u00765
Blacking or Diverting water from the Willow Creek will be allowed.
Only that allowed by the State in the Hardman and Anderson Ditches
and Thurman Ditch now on the property with legal water rights.
P. Private Ponds - May be used by Fire Department in case of a rITe.
Q. Maintenance within the 80 foot Creek Right of Way shall be done by
the property owner of the lot or lots it is in. The committee must
approve any improvements or changes. No personal structures are
allowed within this 80 - foot Right of Way.
8. Duties of Committee: The Committee shall contract for snow removal and
Periodic maintenance services on the Common Road, shared access road, and shall
contract and pay for services required to enforce these Covenants. The committee shall
prepare an annual budget estimate for membership approval and submit annual
statements to e~ch lot owner based upon its estimate. Billing for common services shall
be paid by lot owners within thirty days from the billing date. Each lot owner will be
responsible for and billed for their respective share of the cost of the contract services as
previously listed in the paragraph herein. Costs will be divided equally per lot regardless
of the lot location and regardless of the location of the common services to be provided.
In the event that the estimate of the committee is less than the actual expenses incurred
by the committee. Additional billings shall be paid by lot owner within thirty days of the
billing date.
A.
B.
Special Assessments - On the approval of two thirds of the lot owners
the Committee shall have authority to establish special assessments to
meet emergency or unusual conditions that have arisen. Special
assessments shall be payable within thirty days of the billing date.
Any assessment not paid with thirty days after the due date shall bear
interest from the due date at the rate of ten percent per annum. Costs
will be divided equally per lot regardless of the lot location and
regardless of the location of the emergency or unusual conditions. The
Committee may bring an action of law against the owner personally
obligated to pay the same, and/or place a lien on the lots in order to
enforce payment after ninety days from the billing date. The lien of the
assessment provided for herein shall be subordinate to the lien of any
first mortgage. Sale or transfer of any lot shall not affect the
assessment of lien.
Limitation of Liability - Neither the Committee nor any member thereof
shall be liable to any party for any action or inaction with respect to
any provision of these covenants, provided that such committee or
member tpereof has acted in good faith.
9. Violations; Enforcements; Liens; Costs - The limitations and Requirements
for land use and development set forth in these covenants shall be enforceable by the
committee or any owner of a lot within the property; or its successor in interest as owner
of the real property. Every owner of a lot within the property hereby consents to the
entry of an injunction against him or her or his or her tenants or guests, to terminate
and restrain any violation of these covenants. Any lot owner who uses or allows his or
her lot to be used or developed in violation of these covenants further agrees to pay all
costs incurred by the committee or other lot owners in enforcing these covenants,
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000766
including reasonable attorney's fees and court costs. The Committee shall have a lien
against each lot and the improvements thereon to secure the payment of any billing for
common services, special assessments, or penalty due to the çommittee from the owner
of such property which is not paid within the time provided by these covenants, plus
interest due from the date of demand for the payment at the rate of ten percent per
annum. The Committee is authorized to record a notice of lien in the office of County
Clerk of Lincoln County Wyoming which shall include a description of the property and
the name of the owner thereof and the basis for the amount of the lien. A copy of the
notice of the lien as flIed in the County Clerk's office shall be entitled to the payment of
all costs incurred in the establishment or enforcement of any lien, including filing costs
and attorney's fees and court costs.
10. Amendment: These Covenants may be amended by the written consent of
75% of lot owners within the property.
11. Duration of the Covenants: All of the Covenants, Conditions and
Restrictions set forth herein shall continue and remain in full force and effeci at all times
agamst the Property and the owners and purchasers or any portions thereof, subject to
the right of amendment as set forth in Article 13 thereof. If required by law these
Covenants shall be deemed to automatically renew themselves at twenty-year intervals,
unless 75% of the lot owner agrees otherwise in writing.
12. Severability: Any decision by a Court of competent jurisdiction invalidating
any part or paragraph of these Covenants shall be limited to the part or paragraph
affected by the decision of the Court, and the remaining paragraphs and the Covenants.
Conditions and Restrictions therein shall remain in full force and effect.
13. Acceptance of Covenants: Every owner or purchaser of a lot within the
Property shall be bound by and subject to all of the provisions of this Declaration, and
every lot owner or purchaser through his or her purchase or ownership expressly accepts
and consents to the operation and enforcement of all of the provisions of this
Declaration.
14. Subdividing of lots: Lots may only be divided one time.
15. Agricultural Rights: All potential lot owners are put on notice that there are
existing agricultural operations within the neighboring area.
16. No More than 10 horses or 20 cattle on any 35 acre Ranch (Not Both). A
Total of 20 mixed.
17. Right of Runway comes with Purchase of Ranch. Although a $5,000 yearly
fee is required to actively use the runway. Aircraft use only. Snow Removal
and Runway maintenance are included in this fee. Hanger can be rented.
End of Declaration
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{Þ~2S30S
000767
In witness whereof, Declarants have executed this Declaration of Covenants, Conditions
and Restrictions effective the day and year first set forth above.
Quinn R. Heiner:~
T
Date:
¡¢Yo(
Hyesoon Hein~r:~~ Date: '/,4?1
Trustees of the Quinn R. Heiner and Hyesoon Heiner family revocable trust dated May
16. 1997 for an U;:.fi 7_1U'~; ~~W
Deon F. Heiner: ~ Date: *7
Cheryl V. Heiner:
(!~ ¿/ ~'
Date: <¡ );2-3 II) r
Trustees of the Deon F. Heiner and Cheryl V. Heiner family revocable trust dated May 16,
1997 for an Undivided one .fb_~lL U/4tinteres~ ,rll
/frf'-F yz. ~ ~rrffØ
e Jlj../;
In the State of Wyoming,
County of Lincoln,
The forgoing instrument was acknowledged before me by: Qu.,{(\ 1'\
~e.~Dr\ ~.f(ne ~ ~t5r\
I
This 9~rd. daYOf~rd
t: ~<t'((1~
R H-e(f"l e.tè..
Glf\.d CJlQ.(,~ I V 4e~f1 eR -
,2007.
Witness my hand and official seal:
~~
M; Commission Expires: 1.// at( /8007
I I
1J:;r~NA FWD· NOTMY PUBLIC
County of· State of
Lin(,'Oln Wyomlrlg
My Commission ExpirBS -dLf -01
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