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HomeMy WebLinkAbout950517AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PINE VIEW AIRPARK THIS AMENDED DECLARATION is made as of November 4A 2009, by Gaylon G. Heiner and Kristi G. Heiner, husband and wife, hereinafter referred to as "declarant the owners of the property described as the Pine View Airpark located within the NE1 /4NE1/4 of Section 10, T33N, R118W, in the Bedford area of Lincoln County, Wyoming, and which is hereinafter referred to as "the properties" or "the lots" or "the Subdivision." A subdivision plat for the Subdivision has been prepared by Surveyor Scherbel, LTD., and approved by the Lincoln County Board of County Commissioners as of October 10, 2007. A second filing of the subdivision plat was then approved on October 7, 2009. The provisions contained on those plats, including without limitation, the "Plat Warnings" are incorporated herein by this reference. NOW, THEREFORE, declarant hereby declares that all of the properties described shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I USE AND RESTRICTIVE COVENANTS RECEIVED 11/13/2009 at 12:07 PM RECEIVING 950517 BOOK: 735 PAGE: 664 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000664 Section 1. LAND CLASSIFICATION. All land within the Pine View Airpark has been classified as single family residential property, except for lot 101 which shall serve as a runway. Section 2. GENERAL RESTRICTIONS. The following general restrictions shall apply to all of the lots. (a) Each lot or tract, except Lot 101, shall be used exclusively for residential purposes, and no more than one family (including servants, and transient guests) shall occupy such residence; provided, however, that nothing in this subparagraph (a) shall be deemed to prevent the leasing of any lot from time to time by the owner thereof. 00665 (b) Each residential lot and any and all improvements from time to time located thereon, shall be maintained by the owner thereof in good condition and repair, and in such manner as not to create a fire hazard, all at such owner's sole cost and expense. (c) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other owners in the enjoyment of their Tots. In determining whether there has been a violation of this subparagraph recognition must be given to the premise that owners, by virtue of their interest and ownership in the Pine View Airpark, are entitled to the reasonable enjoyment of the natural benefits and surroundings of the Subdivision. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the lots and improvements located thereon, shall be placed or used upon any lot. (d) No domestic livestock animals or fowl of any kind shall be allowed on any lot except not more than four (4) horses and a total of four (4) dogs and cats. Barking dogs constituting a nuisance shall be confined in a sound resistant enclosure during normal sleeping hours. All dogs weighing over fifteen pounds shall be kept and maintained in a fenced area. (e) No signs whatsoever, including but without limitation, commercial, political and similar signs, visible from neighboring property, shall be erected or maintained upon any lot except for a wooden residential identification sign of a combined total face area of three (3) square feet or less. (I) No manufactured house, house trailer, mobile home, tent, teepee, shack or similar facility or structure shall be kept, placed or maintained upon any lot at any time. The terms "manufactured house "house trailer" or "mobile home" as used herein includes but is not limited to any building or structure with wheels and /or axles and any vehicle, used at any time, or constructed so as to permit its being used for the transport thereof upon the public streets or highways and constructed in a manner as to permit occupancy thereof as a dwelling or sleeping place for one or more persons, and shall also mean any such building, structure or vehicle, whether or not wheels and /or axles have been removed, after such building, structure or vehicle has been placed either temporarily or permanently upon a foundation. (g) All vehicles, including without limitation, motor vehicles, over- the -snow vehicles, trailers of any kind, truck campers, motor homes, or boats shall be kept in an enclosed area on the lot. No inoperative vehicle shall be kept on the premises for more "fhan thirty (30) days. Over- the -snow vehicles shall not be used on the property except for purposes of ingress and egress. (h) All garbage and trash shall be placed and kept in covered containers which shall be maintained so as not to be visible from neighboring property. Each owner shall provide for the collection and disposal of garbage and trash not less than once each week. The cost of garbage and trash collection shall be paid by each owner, in accordance with the billing of the collector. ARTICLE II STANDARDS AND RESTRICTIONS APPLICABLE TO CONSTRUCTION Section 1. GENERAL APPLICATION. The following standards and restrictions are applicable to the construction, reconstruction, alteration and refinishing of any and all improvements from time to time existing upon the properties. Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the properties other than one single family dwelling to be occupied by the owner, his lessee, guests and servants, garage, guest house for the use of guests and not for rent, storage building(s) to be used to house vehicles, equipment or supplies, and one aircraft hangar. Section 3. DESIGN CHARACTER. All buildings shall be constructed in character with each other specifically by using similar exterior roofing, building material and coloring on each building on the property. (a) Exterior materials will be of rough sawn natural wood, peeled log, stone, exposed aggregate concrete, or similar rough textured natural material. Roof materials shall be cedar shake or shingle. Ribbed metal roofing on reflective flat colored finish shall also be allowed. Section 4. BUILDING DESIGN AND SETBACKS. _O u667 (b) All buildings must comply with the State of Wyoming, and Lincoln County Building Codes. (c) No building of any kind may be constructed on any lot without prior architectural approval. Prior to commencing any construction of any kind, each lot owner must submit plans and specifications for such construction for architectural approval. Initially, architectural approval must be received from the declarant until such is assigned to the homeowner's association or other person or entity. Declarant reserves and shall exercise sole and absolute discretion to grant or deny architectural approval. However, declarant also reserves the right to assign the approval authority to another person or entity at any time. Any such assignee shall have the same authority as to architectural approval as declarant has reserved herein. (a) The minimum floor area of any single family residence shall be not less than fifteen hundred (1,500) square feet at ground level, exclusive of a garage, carport, or porches or decks and other outbuildings. All outbuildings constructed on the property shall have not less than four hundred and fifty (450) square feet of enclosed space therein at ground level. (b) Solar collectors may be of any construction, materials or pitch required for efficient operation, but they shall not be placed on any structure in a manner which causes objectionable glare to any neighboring resident. Solar collectors shall be integrated into the structure of a residence, garage, carport, or other accessory building and shall not be free standing. (c) Automobile storage shall provide for a minimum of one indoor parking space in either a carport or a garage, for each dwelling unit. If a carport is used to provide the required indoor parking space, a fully enclosed and roofed storage space with a minimum floor area of one hundred (100) square feet shall be provided in addition to the carport. Parking spaces, whether interior or exterior, shall have minimum dimensions of not less than ten (10) feet wide by twenty five (25) feet long and shall be readily accessible by a driveway. (d) No building shall be located nearer than ten (10) feet from any exterior property line. 0 0668 (e) No structure shall be erected, altered, placed or permitted to remain on the property which shall exceed either two stories in height or twenty -eight feet maximum, which ever is most restrictive. Height shall be measured from the natural grade on the highest side of the improvement to the highest point of the roof or any projection therefrom, including chimneys. (f) All electric, television, radio, telephone, sewer, water, and all of the utility installations and connections located on the property shall be placed under the ground. (g) Fuel tanks, water tanks, or similar storage facilities may be constructed on any lot provided that any such structure is not visible from the road. (h) There shall be no exterior lighting of any sort either installed or maintained, the light source of which is visible from the neighbor's with the exception of two exterior lights per building, and all exterior lighting shall be incandescent lighting. (i) All construction, reconstruction, refinishing, alterations and excavations shall proceed diligently from the date of commencement and shall be completed within twelve (12) months from the date of commencement except for so long as such completion is rendered impossible or would result in great hardship to the owner due to strikes, fires, national emergencies or national calamities. ARTICLE III MISCELLANEOUS PROVISIONS Section 1. WATER AND SEWER SYSTEMS. Each lot owner is responsible to provide a private water system using a well and related structures. Each residential building shall be connected to a private sewage disposal system at the owner's sole expense, and such sewage disposal system shall conform to all applicable standards of the State of Wyoming, Lincoln County or other regulatory agency. No out -door toilets shall be permitted. All water and sewer systems shall be maintained so as to not constitute a nuisance to the adjoining lots. Section 2. SUBDIVISION ROAD. Two private roads named Noble Lane and Landing Zone Lane provide access for ingress and egress and all utilities from the Bedford- Turnerville County Road No. 12 -123 to the lots in the Subdivision. (0 Each lot in the subdivision has an easement for such use of those roads. The same private roads also provide such access to other surrounding lands. Each lot owner shall be responsible for a proportionate share of the maintenance expense of those roads as determined by the number of Tots owned, regardless of the use made of the road(s) by any lot owner. Section 3. EXCAVATION AND MINING. No excavation of any kind, including that for stone, sand, gravel or earth shall be made on the property except for such excavation as may be necessary in connection with the erection of any approved improvement thereon. No oil drilling, oil development operation, quarrying, or mining operations of any kind shall be permitted upon the property. Section 4. FENCES. All fences shall be of wooden construction with the understanding that no metal posts will be allowed and no barbed wire shall be used. Wildlife friendly fencing, however, will be permitted for dogs and will be made of field fence and wooden poles of natural color only. Section 5. EXTERIOR FIRES. There shall be no exterior fires whatsoever except barbecue fire contained within receptacles and such fires as may from time to time be permitted by the Lincoln County fire regulations. Section 6. CLOTHES LINES. Outside clothes lines or other outside clothes drying or airing facilities shall be maintained exclusively within a fenced service yard and shall not be visible from neighboring properties. Section 7. HUNTING /PETS. The following restrictions shall apply: the Subdivision. (a) No hunting of wildlife of any sort will be allowed within the confines of '0u6 70 (b) All pets will be controlled at all times and will be.fenced when not under the owner's immediate verbal command: Section 8. LOT DIVISION. No lot within the Subdivision shall be divided or subdivided in any way. ARTICLE IV GENERAL PROVISI ®NS Section 1. ENFORCEMENT. Each grantee of a lot of the Subdivision by acceptance of a deed or execution of a ccsntract of purchase incorporating, by reference this declaration accepts the same, subject to all such conditions, covenants, and restrictions. Declarant, the home owner's association, or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions covenants, reservations, liens and charges now or hereafter imposed by the provisions of this declaration. Failure by declarant or by any owner to enforce any covenant, restriction, condition, or reservation contained herein shall not be deemed a waiver of the right to do so thereafter. A breach of any restriction, condition or covenant may be joined, abated or remedied by appropriate proceedings. In Subdivision, the declarant, home owner's association, owner or other party shall be entitled to recover their fees, costs, and expenses, including reasonable attorney's fees, from the party against whom enforcement action is brought. No such breach shall affect or impair the lien of any bona fide mortgage or deed of trust which shall have been given in good faith and for value; provided, however, that any subsequent owner of said property shall be bound by the said conditions, covenants and restrictions whether obtained by foreclosure or at a trustee sale or otherwise. Section 2. DEFINITION OF NUISANCE. Every act or omission whereby any restriction, condition or covenant in this declaration is violated in whole or in part is declared to be and shall constitute a nuisance and may be abated by the declarant of his successors in interest or by any affected lot owner and such remedy shall be deemed cumulative and not exclusive. Section 3. SEVERABILITY. Invalidation of anyone of these covenants, conditions and restrictions, by judgment or court order shall not be deemed to affect other provisions of this declaration which shall remain in full force and effect. 006671 Section 4. DURATION. These covenants, conditions and restrictions are to run with the land and shall be binding on all owners of lots in the Subdivision until October 1, 2013, at which time said covenants shall be automatically extended for successive periods of twenty (20) years, unless it is agreed by the owners of a majority of all lots in the Subdivision to change any of the provisions of this declaration in whole or in part. Any change or modification in the provisions of this declaration shall be valid if made within the time specified above and if signed by the owners of a majority of the Subdivision lots and recorded in the Office of the County Recorder of Lincoln County, Wyoming, such modification or change to be effective from the date of recording. Any modification or change to this declaration shall then be binding for successive periods of twenty (20) years unless modified again according to the terms of this paragraph. However, notwithstanding the foregoing, Section 6, 6(a) and 6(b), of this declaration, entitled "Airstrip" may not be modified by lot owners or a majority thereof. Said section may only be modified by declarant, his heirs or successors. Section 5. GOVERNING LAW. This declaration shall be governed by the laws of the State of Wyoming and shall be binding upon the heirs, executors, administrators, successors and assigns of the declarant and the owners. Section 6. AIRSTRIP. An existing, operating airstrip is located within the Subdivision which is owned by declarant. All lot owners will have access to said airstrip upon conditions set forth by declarant, including but not limited to the lot owner(s) indemnifying and holding harmless the declarant for any lot owner's use of the airstrip. Aircraft land and take off from this airstrip on a regular basis. Declarants expect that this airstrip will continue to be so used in the future. Lot owners acquire their lots subject to the continued operation of this airstrip. (a) Costs of Airstrip. Each lot owner shall be responsible for a proportionate share of the maintenance expense of the airstrip as determined by the number of lots owned, regardless of the use made of the airstrip by any lot owner. (b) There shall be a fifty (50) foot buffer zone on all sides of the airstrip, also known as Open Space Lot 108 in the Second Filing, within the subdivision. The only restriction within the fifty (50) foot buffer zone shall be that nothing taller than four (4) feet in height may be placed or maintained within the fifty (50) foot buffer zone. In the event that any object within the buffer zone exceeds the four (4) foot height restriction, the Homeowner's Association, or Declarant if no Homeowner's Association has been formed, after written notice, may remove any object in violation of the height restriction at the lot owner's expense. Section 7. HOME OWNER'S ASSOCIATION. The lot owners shall establish a Home Owner's Association to enforce this declaration and collect fees as set forth herein and in the forming documents thereof. 006672 IN WITNESS WHEREOF, declarants have executed this Declaration as of the day and year first above written. STATE OF WYOMING COUNTY OF LINCOLN Witness my hand and official seal. SS. My commission expires: t 16 6) Gay' G. Heiner f „c." KrYsti G. Heiner James V. Peterson 142ti) Sherri L. Peterso The foregoing Amended Declaration of Covenants, Conditions and Restrictions was acknowledged before me by Gaylon G. Heiner and Kristi G. Heiner, husband and wife, this 7° day of November, 2009. 1Ck. tk UBLIC JENNIFER BRYANT Notary Public Lincoln County Wyoming COmminiOn fell STATE OF WYOMING COUNTY OF LINCOLN Witness my hand and official seal. ss. The foregoing Amended Declaration of Covenants, Conditions and Restrictions was acknowledged before me by James V. Peterson and Sherri L. Peterson, husband and wife, this 1+ day of November, 2009. My commission expires: C9 '9I')( 693 JENNIFER BRYANT Notary Public Lincoln County Wyoming Commis On ExpKIa