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HomeMy WebLinkAbout932065 J5 000556 COVENANTS AND RESTRICTIONS FOR GOVERNING RIDGE VIEW ESTATES RECEIVED 8/13/2007 at 10:11 AM STATE OF WYOMING ) RECEIVING # 932065 )ss. BOOK: 668 PAGE: 556 COUNTY OF LINCOLN ) JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WHEREAS, Earl J. Darway Family Trust, Earl J. Darway, Trustee, and K.evm Eldredge are the owners of record ofthat tract ofland situate in Lincoln County, Wyoming, the legal description of which is: The property as described in Exhibit "A", a copy of which is attached hereto and by this reference made a part hereof. Said property hereinafter referred to as "Ridge View Estates" WHEREAS, the undersigned desires to place certain Covenants and Restrictions on said Ridge View Estates for the benefit and protection of the undersigned and those purchasing lots in said Ridge View Estates; WHEREAS, the undersigned desires that this instrument shall define the Covenants and Restrictions upon said Ridge View Estates and shall be incorporated by reference into the deeds and contracts to persons purchasing lots in said Ridge View Estates with said covenants thereby intended to apply to each lot and to run with the land through subsequent transactions; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that all property as above described, subject to the following listed Covenants and Restrictions, to-wit: 1. SINGLE F AMIL Y USE: All tracts are subject to these restrictive covenants and shall be used for single family residential purposes only, it being expressly understood that no COITilllercial activity shall be conducted thereon. In addition to a famiJy residence, the owner shall be pennitted to construct guest quarters, stables, barns, and other appropriate buildings and improvements for use and enjoyment by the owner, family members, relatives, and guests. This covenant shall not be construed as allowing or pennitting any owner to construct or allow any structure to be placed on any part of the tract by any other person or to allow the owner to lease, rent or otherwise allow such other persons to occupy any part of the premises. 2. TEMPORARY LIVING QUARTERS: No owner shall pennanently locate a camp trailer, mobile home or any other fonn of temporary living facility or structure upon the tract covered by his deed; provided however, such owner may establish and use temporary living quarters in such manner for a single period not to exceed twelve 1 OOO~57 months while permanent residence construction is being accomplished. 3. IMPROVEMENTS: All improvements placed or constructed upon the premises shall be in strict compliance with all applicable building, zoning and health rules and regulations. All improvements shall be of new construction. 4. SIZE OF PRIMARY RESIDENCE: No primary residence shall contain less than 1500 square feet of interior living space on the ground floor level. Guest buildings, bunkhouses, bams, stables, storage and other appropriate buildings shall not be affected by this size requirement. 5. BUILDING MAXIJ\1UM HEIGHT: It is acknowledged that aircraft noise and aircraft related hazards may exist within this subdivision. As a result no building shall be constructed in any manner so as to interfere or impede in any manner with the flight path to the airport located in the general vicinity ofthe subdivision and the height of any structure shall be governed accordingly. In addition, the property owner will be responsible for the pruning of trees and other plant growth so that the height of said trees and/or plant growth does not interfere with the flight path. 6. BUILDING SET-BACK LINES: Reference is made to the plat ofthe Ridge View Estates Subdivision as filed the office of the Lincoln County Clerk and said plat is incorporated herein by this reference. All buildings and structures shall be erected is such a manner so as to comply with the requirements as set forth in said plat and the building requirements set forth therein. No building shall be erected so as to conflict with the building, septic and/or water envelopes set forth on the plat. No buildings or structures shall be located on land that has a flood hazard. 7. FUTURE SUBDIVISION: Any future subdivision of any ofthe property located within the Ridge View Estates, shall comply with the applicable regulations of Lincoln County, State of Wyoming, and any future subdivision will be required to comply with any and all regulations pertaining to said subdivision, induding access and roadway provisions, density restrictions and any other restrictions. 8. SANITARY FACILITIES: Reference is made to the plat ofthe Ridge View Estates Subdivision as filed the office of the Lincoln County Clerk and said plat is incorporated herein by this reference. All septic and sewer systems shall be erected is such a manner so as to comply with the requirements as set forth in said plat and the septic envelopes set forth therein. Each septic and sewage system is the responsibility of the individual property owner and shall be installed at his expense and shall be constructed in conformity with the laws of the State of Wyoming, and no privy, outside latrine or other like facility shall be permitted. Owner shall refrain from causing any water or pollution emanating from his premises. No proposed public sewage disposal system is planned as part of this subdivision. Owners shall 2 000558 be responsible for building their own small wastewater disposal systems which meet state and county standards within the designated septic envelopes as depicted on the subdivision plat filed of record. Individual home/lot owners must hire a Professional Engineer licensed in the State of Wyoming to obtain a Chapter 3 Permit to construct from the Wyoming Department of Environmental Quality, Water Quality Division to authorize the construction of a septic system with leachfield. 9. WATER: Reference is made to the plat of the Ridge View Estates Subdivision as filed the office of the Lincoln County Clerk and said plat is incorporated herein by this reference. All domestic water supply systems shall be erected is such a manner so as to comply with the requirements as set forth in said plat and the water envelopes set forth therein. Domestic water supply is the responsibility of the individual property owner and shall be installed at their expense. Said supply shall conform to standards set by the Wyoming Department of Public Health. No proposed domestic water source is proposed as part ofthis subdivision. Lot owners shall be responsible for drilling their own wells which meet state standards within the designated water well envelopes as depicted on this subdivision. If the above referenced engineered enhanced septic system is constructed, then the individual water well can be outside the specified water well envelopes, but must meet applicable state standards.(W.S. 18-5-306) 10.EXTERIOR: Any structure erected on any lot from material other than stone or brick shall be painted or stained with earth tones on the exterior. All residential buildings exterior material must be either wood, vinyl siding, stone or brick. Metal shop and/or barn type buildings will be permitted provided, however, the exterior of said buildings shall be painted or stained with earth tones that match as near as possible the exterior color of the residential structure. Metal roofs will be allowed on all buildings and structures as long as the color of said roofing shall be painted or stained with earth tones and in addition wood, asphalt, tile and metal shingles shall also be permitted.. 11. LIVESTOCK: Livestock may be kept on the property, but limited to one animal per each 2 acre (Example: 2.49Ac. Shall be considered 2Ac., and 2.50Ac. Shall be considered 3Ac.). They must be cared for so as not to constitute a nuisance. 12. DOGS AND CATS: Dogs and cats must be confined to owners area and not allowed to run at large. All dogs and cats shall be cared for so as not to constitutes a nuisance. Lot owners shall be allowed not more than three (3) adult dogs and two (2) cats. 13. DISPOSAL OF DEBRIS AND GARBAGE: No debris, garbage, or like materials shall be stored upon any part of the premises, and shall be removed therefrom and disposed of in a manner not offensive to other owners. No nuisance or offensive, 3 OOO~59 noisy or illegal activity shall be done, suffered or permitted upon any lot. Solid waste haulage services is not proposed. Lot owners shall be responsible for hauling their own solid waste. 14. HUNTING AND DISCHARGEOFFJREARMS: The hunting of game animals upon any lot is prohibited. Target practice with rifles, shotguns and handguns shall not be allowed. No firearm of any type shall be discharged in the proximity oflivestock or buildings of another owner. The killing of rodents with small caliber guns by the owners of the lots will be allowed only if proper safety precautions are observed. 15. FENCING: All fences constructed on a lot shall be constructed of natural wood materials or plastic or composite fencing materials. Any otþ.er fencing material other then natural wood materials and/or plastic or composite fencing materials will require the prior written approval of the Architectural Control Committee. 16. W ATERRIGHTS: Any and all water rights associated with the Ridge View Estates shall specifically run and be appurtenant to the specific acreage for which said water rights are adjudicated. There is no representation or warranty that the purchaser of any lot in the Ridge View Estates has any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The State of Wyoming does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of a stream or a river. (W.S. 18-5-~06) 17. ZONING: All zoning and other laws, rules and regulations of any government under whose jurisdiction said land lies, are considered to be a part thereof. 18. ARCHITECTURAL CONTROL: No building shall be erected, placed or altered on any ofthe property until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to the quality of workmanship and materials, harmony of exterior design, and as to location with respect to topography and finished grade elevation. The exterior construction of all buildings and all grading incidental thereto shall be completed within 12 months from the date issuance of a building permit as herein provided. All construction and alteration shall comply with the provisions of the following standard codes and their official amendments: Uniform Building Code, current edition; International Conference of Building Officials; National Plumbing Code, current edition National Electrical code, current edition; National Fire Protective Association International And with such State of Wyoming building, safety and health codes as may be 4 000,560 applicable to the property. Variance :trom the terms of such codes, and in substitution of applicable codes may be made only with the written approval of the Architectural Committee, hereinafter provided, having been fIrst obtained. 19. BUILDING PERMIT: No building, structure, sign, fence or improvement of any kind shall be erected, altered, placed or permitted to remain on any of the property until the plans and specifIcations therefore, including plot plans, have been approved in writing and a building permit issued therefore as provided by the Architectural Control Committee. 20. THE ARCHITECTURAL CONTROL COMMITTEE: The Architectural Control Committee hereinafter constituted shall have the following duties and authority: Approve plans and specifIcations, including plot plans, as being in conformity with the terms and conditions hereof and to issue building permits therefor; to grant variances of and make substitutions for building codes as provided herein and authorize variances ofthe terms hereof where necessary and not injurious to the adjacent property owners; authorize removal of trees; authorize the use of temporary residence during construction as herein provided, and to enforce the term hereofby appropriate legal action. A building permit granted by the Architectural Control Committee shall be conclusive evidence of the compliance with the terms hereof for the construction, improvement, alteration and use by the permit. 21. ARCHITECTURAL CONTROL COMMITTEE MEMBERSHIP: The Architectural Control Committee is composed of Earl J. Darway and Kevin Eldredge who shall serve for a term ofthree (3) years each or until their successor shall be elected. Once more then four lots ofthe Ridge View Estates have been sold to third parties then the Architectural Control Committee shall consist ofthree members who shall then serve for a term ofthree (3) years or until their successor shall be elected. In the event that any member ofthe Architectural Control Committee shall become deceased, fail, or refuse to act or otherwise resign his offIce, then in such an event, his successor may be appointed by the two remaining committeemen. Thirty days prior to the expiration of the term of offIce of the committee hereby appointed, said committee shall cause to be issued to each and every record owner of the property subject to these covenants, notice ofthe expiration ofthe committees' term of offIce and within fIfteen days thereafter, said record land owner shall nominate and vote for three persons to serve upon said Architectural Committee during the ensuing term, and the three persons who shall receive the most numerous votes, shall be the committeemen for the ensuing term. Each record land owner ofthe land subject to these Covenants shall have one vote for each acre owned by him. In the case of multiple owners of an acre, then in such event, the vote shall be equally divided between and cast by individually, each of such multiple owners. 5 22. 00056:l ASSOCIATION MEMBERSHIP AND VOTING RIGHTS: I I Section 1. ASSOCIATION MEMBERSHIP: Every oWþer ofthe property, which is subject to assessment shall be a member ofthe association. Membership shall be appurtenant to and may not be separated from ownership of any property which is subj ect to assessment. Section 2. VOTING RIGHTS: Each owner shall be entitled to one vote for each acre owned. When more than one person holds an interest in an acre, all such persons shall be members. The vote for such acres shall be exercised as they among themselves detennine, but in no event can more than one vote be cast with respect to any acre. Section 3. BOARD OF DIRECTORS: The members shall annually elect a Board of Directors consisting ofthree property owners within the Ridge View Estates. 23. COVENANT FOR MAINTENANCE ASSESSMENTS: Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS: Each owner of any property in the Ridge View Estates by acceptance of the deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay the association the following: (1) Annual assessments or charges which shall include the cost of snow removal, road and street repair and maintenance charges, common area maintenance, irrigation pipeline repair and maintenance and any other reasonable charge necessary for the operation of the roads, irrigation system, common area and related areas, and, (2) Special assessments for capital improvements, including upgrading and improving of roadways and common water or sewer system that is later installed, such assessments to be established and collected as hereinafter provided. The annual and special assessment, together with interests, costs, and reasonable attorneys' fees shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. Section 2. PURPOSE OF ASSESSMENTS: The assessments levied by the association shall be exclusively used to promote the health, safety and welfare ofthe 6 residents of the property and of the homes situated thereon. 000562 Section 3. MAXIMUM ANNUAL ASSESSMENT: Until January 1 ofthe year immediately following the conveyance of the first acre to an owner, the maximum annual assessment shall not exceed $ 10.00 per month, per acre. a. From and after January 1 of the year immediately following the conveyance of the first acre to an owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without an assenting vote of at least 51 % of the membership. b. The Board of Directors may fix the annual assessment at an amount not in excess ofthe maximum of such increases as are allowed herein. Section 4. SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS: In addition to the annual assessments authorized above, the association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or part, the cost of any construction, reconstruction, repair orreplacement of a capital improvement, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of three- fourths of the votes of owners who are voting in person or by proxy, at a meeting duly called for this purpose. Section 5. NOTICE IN QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 3 and 4: Written notice of any meeting called for the purpose oftaking any action authorized under Sections 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. The presence of members or of proxies entitled to cast three-fourths of the membership shall constitute a quorum for the purpose of such special assessments. If the required quorum is not present in person or by proxy, no subsequent such meetings shall be held more than sixty (60) days following the preceding meeting. Section 6. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENT: DUE DATE: The annual assessments provided for herein shall commence as to all lots subject to assessment the first day ofthe month following the conveyance ofthe first acre. The first annual assessment for acres purchased thereafter shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each acre at least thirty (30) days in advance of each annual assessment. Written notice ofthe annual assessment shall be sent to every owner subj ect thereto the due date shall be established by the Board of Directors. The association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified acre have been paid. 7 'OOO~63 Section 7. EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The association may bring an action at law against the owner personally to pay these same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by abandonment of his property. Section 8. SUBORDINATION OF THE LIEN TO MORTGAGES: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any acre shall not affect the assessment named. 24. RIGHT OF ENFORCEMENT: Enforcement of these Covenants shall be by proceedings at law or in equity to restrain violation or to recover damages against any person or persons violating or attempting to violate any covenant. 25. EFFECT OF NON-ENFORCEMENT: Failure by any proper party to enforce any of these restrictions shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior to or subsequent thereto. 26. P ARTIAL INVALIDITY: In the event any covenant or restriction herein contained or any portion thereof is invalid or void, such invalidity or voidness shall in no way affect any other covenant or restriction. 27. ATTORNEY FEES AND COURT COSTS: In any legal action taken by the undersigned or any owner against any other owner for a violation of any of these provisions, and if it is determined by any court of competent jurisdiction that the offending party did violate the same, he shall have assessed against him by such court, a reasonable sum for the successful party's attorney fees and court costs. 28. DURATION OF COVENANTS: These restrictive covenants shall be perpetual in nature, but may be amended, superceded or cancelled upon the written filing of2/3 vote of all owners of real property above described which are subject to the same, and the weight of each vote shall be in the proportion that each ownership of acreage bears to other acre-owners. 29. SIGNS: No sign shall be permitted on any lot except a small sign with the owner's name or a "For Sale" sign no larger than 24"x 18". 30. STORAGE OF RV. BOAT & TRAILERS: No RV's, boats or trailers shall be stored and parked on any property located within the Ridge View Estates for a period of time longer than thirty (30) days unless the same is stored in a covered storage building, which storage building shall be constructed pursuant to the building material requirements set forth herein. 8 000564 DATED this ~day of June, 2007. EARL J. DAR ") -' FAMILY TRUST ~ STATE OF CALIFORNIA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me by, Earl J. Darway, Trustee, of the Earl J. Darway Family Trust, this _ day of , 2007. Witness my hand and official seal. cµ cU-t tJe G~d /. --:.., Notary Public ~E;;;~-- ~ STATE OF CALIFORNIA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me by Kevin Eldredge, this _ day of ,2007. Witness my hand and official seal. s-u c4±ðL~J Notary Public 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~"""'""",,~=~~~~A_A_'A~._._._._'_'_'_'_""_" . 000565 State of California County of So Jll ~.AÚ S On (Q Ii <JrrL 07 ~__'~_'~_·'''~'_'_''_'~'U'''__H'._''_'' ,__, ... . ._~...._..~,__~..._._.._,. tÑb{i~ personally appeared _ . .. . ,·....·_u.._.~_...._....._....,.. _. "_.~_~_..__~.~___.._....____.~.~___.,.." ~ .... -..::: ..,. ÂSHL~ N.' WìLÚÀMS--1 .. æ ". COMM. #1678928 > ex: Q) .: NOTARY PUBliC - CALIFORNIA ~ <I; SAN I.UIS OBISPO COUNTY ( ) j I' My Comm. Explr6s JUNE 30, 2010 ~ .......,.......,.""""".....,.....................'-"""'""""v~,,~....,. o personally known to me 9í(or proved to me on the basis of satisfactory evidence) to be the person~ whose name~tsØ subscribed to the within instrument and acknowledged to me that Re!3¡'~/@ executed the same in .Risrfoter/&r authorized capacity~) and that by Ri&4:I9fI~ignature® on the instrumeÌìfthe person@¡, or the entity upon behalf of which the person@¡ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: !J'l;)IJ../.tY¡ 1l.-'vJ..s Document Date: &! {q / D Î ( ~ &.fylth··lfJ/1S -fhv Aov~rn¡I/IJ ¡¿¿¥ !~ fi/ü.I-'¿f Number of Pages: 1 Signer(s) Other Than Named Above: l\ l tr7IlJ _ I Capacity(ies) C1<1m~d by Signe~S)..I Sigper's Name: ~ V I,ll G:J1!.f Ot~ CiY'lndividual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: furl J h Vw ~ o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact '[j Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ""~MO"_"___'''_.__.._u_'_''__ _____ _.. __ _ _ _. .~._-----_.-._.-._._.~~ © 2006 National Notary Association' 9350 De Solo Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827