Loading...
HomeMy WebLinkAbout954626;corded y LLC 4i Ly llw'4 a Wyoming, l, C 'Ilia�c,d T:atkcas a cob aesy oaly 0031,0 This agreement entered into the 26 th day of July, 2010 between Harold and Tonya Hatch (buyer) and Ernest and Karen Thomock (seller). Buyer agrees to abide by the protective covenants as described on the Pine Creek Ranch website pinecreekranch.us which have been included below in this agreement. Buyer also agrees to construct home within 100 feet of Elk View Drive of the Pine Creek South subdivision. As negotiated in a reduced purchase price, buyer and seller agree that Buyer is responsible for delivery of all utility services to buyer's property and structures and that buyer is responsible for road construction materials to buyer's property and structures. Seller agrees to provide labor and equipment for the construction of said road and for the power /phone line trench. As such, buyer agrees to release seller from his obligation to provide utility and road services to buyer's property and peuiiit the funds from this sale to be immediately released from escrow to seller. Pine Creek North and Pine Creek South Subdivisions This Declaration of Protective Covenants, regulating and controlling the use and development of certain real property is made to be effective on the 1st day of January 2008 by the undersigned owners of Pine Creek Ranch. The owners hereby declare and adopt the following protective covenants to preserve and maintain the natural character and value of the property for all owners of the property or any part thereof. NOW THEREFORE, Declarants hereby declare that the property shall be owned, held, sold, conveyed, encumbered, leased, used, occupied and developed subject to the following reservations, easements, restrictions and covenants which shall run with the property and be binding upon all parties having any rights, title or interest in and to the property, or any part thereof, their heirs, successors, and assigns. I. DEFINITIONS The following teinis shall carry the following definitions for the purpose of these Protective Covenants: A. "Declarants" shall mean and refer to the owners of all real property located in Pine Creek North and Pine Creek South subdivisions, at the time of the adoption of these Protective Covenants. B. "Tract" or "lot" shall mean and refer to any of the single family residential tracts of land in the Pine Creek North or Pine Creek South Subdivisions. C. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any tract. RECEIVED 7/29/2010 at 2:38 PM RECEIVING 954626 BOOK: 751 PAGE: 310 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000311 D. "Property" shall mean and refer to that certain real property included in Pine Creek North and Pine Creek South subdivision per the legal description of said subdivisions. E. "Common roads" means the private roadways within the property which provide access to the individual tracts shown on the plat of Pine Creek North and Pine Creek South Subdivisions of record in the office of the Clerk of Lincoln County. F. "Common services" means roadway maintenance, snow removal services, utility line maintenance, and other common services provided to the property. G. "Site Committee" shall refer to the governing body that all business, improvements, and alterations are reported to and that entity which manages the business and dealings of Pine Creek North and Pine Creek South Subdivisions. II. DESIGN AND CONSTRUCTION STANDARDS The preferred builder for Pine Creek North and Pine Creek South Subdivisions is Whisper Creek Log Homes. Any owner choosing to use a different builder or construct a home him/her self will be subject to the restrictions stated herein. The following standards and restrictions are applicable to the construction, remodeling, alterations, and exterior refinishing of any and all structures, improvements and developments on any tract. All improvements shall be of new construction. No structures other than single family residential dwellings, and supporting structures incidental to residential use shall be permitted on said lots or tracts. All construction shall be of new material, except for materials used for architectural detailing such as barn wood trim, and shall be constructed on site. Modulars (a home in which the exterior foundations serves as the support of the structure and not as a permanent skirting) shall be allowed subject to review of plans by the site committee. No mobile home, manufactured (a home where the exterior foundation only serves as a peimanent skirting and jacks or interior beams are used to support the structure of the home), or trailer house type structure shall be allowed. All structures once commenced shall be pursued diligently to completion and shall be completed within 18 months of commencement. All buildings and structures shall be constructed with wood and/or rock siding materials, except barns, which may be of Corrugated or Ribbed metal construction. No vinyl siding shall be allowed. Glossy painted finishes shall not be permitted. All exposed metals shall have a dull colored finish and shall be flat, anodized or painted. Exterior colors shall be subdued or traditional. Roofs shall have a minimum pitch of 4 feet per 12 feet. All primary roofs shall have a minimum overhang of 2 feet. No "A Frame" construction shall be allowed. The minimum floor area of any dwelling shall be not less than 1200 square feet of living space on the main level, exclusive of any garage, carport or unenclosed porches or decks. Basement areas or second stories shall not be included in the calculation of minimum floor area for the purpose of this provision. III. UTILITIES All utility lines shall be installed underground, and all gas tanks, propane tanks or other types of tanks shall either be buried or screened from view by use of a wood privacy fence. IV. COMMERCIAL ACTIVITIES There will be no commercial activities of any type permitted on the property except as allowed as home businesses and home occupations under the zoning resolutions of Lincoln or any successor resolution thereto. It is the intended that this be a strictly residential subdivision, except as allowed for home business and home occupations. V. PERMANENT STRUCTURES Only permanent structures will be allowed on the property. VI. CONDITION OF BUILDINGS No structures on the property shall be permitted to fall into disrepair and at all times structures on vacant property shall be kept in good condition and in neat appearance. VII. WILDLIFE FRIENDLY FENCING All Fencing in or around the Subdivision shall comply with the following requirements: 00312 A. All such fences shall be constructed with wood posts and rails or wood posts and smooth wire with a pole top rail. No metal /steel post fencing shall be allowed. Total height of said fencing, except corral fencing, shall not exceed forty (40) inches in height. The bottom pole, rail or strand of said fencing shall be at least sixteen (16) inches off of the ground. Barbed wire fencing shall not be allowed except as otherwise set out hereinafter. These restrictions are meant to ensure that wildlife movement on and across the Property may not be unduly impeded. Exterior fences of Lots that adjoin lands not within the subdivision shall comply with the restrictions set out herein but may be constructed of barbed wire fencing at the discretion of the concerned Lot Owner. This type of construction is allowed in recognition that lands adjoining the Property are used in cattle ranching operations. Electric fence may be used within the subdivision as long as it is properly marked and identified as being such. B. On all Lots, a dog -run fence (chain link) shall be permitted provided that it is not more than 200 square feet and fencing for a yard area shall be permitted immediately adjacent and contiguous to the primary residence. Any such fencing shall be made of wood material. C. No fencing, cattle guards or gates shall be constructed across the Common Roads or easements. D. All Construction shall be western in character, design and architecture, and shall be compatible with existing structures within the subdivision. VIII. ANIMALS All owners of animals kept on the property shall exercise such proper care and control of their animals to prevent them from becoming a nuisance. Nuisance means any noisy animal, any vicious animal, and any animal that chews, tears, digs, scratches, litters, soils, destroys or in any other manner injures clothing, garbage, gardens, flower beds, lawns, trees, shrubbery or any other property within the subdivision. NUISANCE SHALL INCLUDE ANY ANIMALS NOT PROPERLY RESTRAINED SO AS TO PREVENT ITS TRESPASSING ON OTHER TRACTS OF PROPERTY OR IMPROPER BEHAVIOR WHILE ON ANY COiviiviON AREA PARCEL. Excessive continued or untimely barking or molesting of passers by or vicious behavior shall also be deemed a nuisance. Any tract within the subdivision shall have no more than 3 horses and 2 dogs on a 2.5 acre tract. Owners of each lot shall be responsible for all domestic and house pets kept or maintained and any damage caused by them. IX. TRASH DISPOSAL The disposal of trash, garbage or other debris by burning shall not be permitted on the property except for the cleaning up of construction debris. All exterior garbage containers shall be screened from view of adjoining property owners. The use of exterior garbage containers shall be restricted to the disposition of inorganic and compacted household waste and garbage. No trash, brush piles, rubbish, junk, inoperative vehicles or any other unsightly items of waste shall be allowed on the property. The owner or occupant of any residence on the property shall do all things necessary or desirable to keep the property neat and in good order, and in the event that any owner or occupant shall so peuuit garbage to remain upon any lot, any other property owner in the subdivision may require prompt disposal thereof. No non operating vehicles shall be allowed on any portion of the property for more than thirty days. X. ASSESSMENTS 000313 Every person or entity who is either a record owner or a fee interest owner of any lot governed hereby, or a contract purchaser of any such lot shall be obligated to pay all assessments imposed by the site committee, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be required to pay such assessments. This obligation to pay assessments shall be appurtenant to and a lien upon each lot. The annual assessment shall be determined and levied by the site committee and shall be used for the purpose of promoting the health, safety, welfare and enjoyment of the residents of the property. No assessments shall be imposed in excess of $2000 per calendar year per lot without the approval of 75% of the lot owners. Each lot owner shall be responsible for their own irrigation assessment which shall be issued by the Highland Irrigation District and shall become a lien upon any lot if not paid. In addition to the annual assessments authorized above, the Home Owners may levy, in any assessment year, a special assessment with a 75 approval, applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Property or the Common Roads, including fixtures and personal property related thereto or for such other necessary costs required to fulfill the purposes of these Covenants, Conditions, and Restrictions. Such special assessments might include Common Area Improvements, Facilities, or Major Road Repair. Both annual and special assessments must be fixed at a unifothi rate per Lot regardless of the acreage contained in any Lot for all Lots and may be collected on a monthly, annual or other interval determined by the Home Owners Association. XI. COVENANTS NOT TO REPLACE APPLICABLE LAW XII. These covenants are in addition to all applicable zoning, development and building regulations imposed by Lincoln County or any other governmental agency having jurisdiction over the lots described herein. In the event of a conflict between any of the regulations or restrictions, covenants or applicable zoning laws, the more restrictive provisions shall apply. XIII. HOMEOWNERS Any and all owners of any lot or tract within the subdivision shall be allowed to appoint one person per tract to represent that lot or tract at any Homeowners meeting. That person shall have the authority to vote for that tract on matters of special assessments, election of site committee members, common space use any other matters which may arise and be appropriate. XIV. IRRIGATION Sprinkler irrigation ONLY (no flood irrigation) on all lots. XV. ROAD OR DRIVEWAY Any lot owner constructing a road or driveway crossing any drainage or irrigation ditch or lateral or placing any fill material in any drainage or irrigation ditch or lateral shall place a culvert of sufficient dimension to adequately handle the flow of said ditch or lateral so as to avoid flooding and maintain an unobstructed flow of irrigation water and spring runoff water. All such improvements must be approved by the site committee. XVI. COMMON ROADS 000314 The Declarant hereby grants and reserves for its benefit and all Owners the following perpetual easements on and for the property: A. An easement for ingress and egress on, over, and across the Common Roads which are to be private, subject to existing easements for third parties, for the use and benefit of and appurtenant to the Property, the Declarant, all Owners, their guests, invitees and licensees and other individuals or entities as may from time to time be granted permission to use the Common Roads by the Declarant or Owners. No person shall use the Common Roads in any way that will impair the rights of others to use them and shall not obstruct passage thereon in any way. B. An easement on, over, across through and under the Common Roads (which easement may include reasonable rights of access for persons and equipment necessary to accomplish such purposes) for utility services including, without limitation, electric, telephone, cable television, water and any other utility services for the benefit of the Declarant or Owners. X V II. SITE COMMITTEE The Site Committee shall act as a governing body for the subdivision. The Committee shall have authority to (1) enforce these protective covenants; (2) make decisions and act on behalf of the subdivision; (3) call meetings and conduct the regular business of the subdivision. The Committee shall be responsible for reasonable and regular road upkeep and maintenance for the common road and common area improvements. The Committee shall also be responsible for inspecting and controlling all poisonous and noxious weeds throughout the subdivision. The Committee is expressly authorized to use funds from the annual assessments to pay for tax reporting, bookkeeping, association management, road maintenance, snow removal, common area upkeep, and weed control. The initial annual assessment shall not exceed $2000 per year. Both the Pine Creek North and the Pine Creek South Subdivisions will have its own Site Committee. The Site Committee shall consist of Three (3) members. Declarant reserves 1 permanent position on the Site Committee for both the Pine Creek North and the Pine Creek South Subdivisions. The remaining 2 positions on the Site Committee will be filled by the first two parties to close on a 2.5 acre parcel (first 2 owners). The initial Site Committee will subsist for a minimum of a 1 year period beginning after the 3rd member has been seated (closed on his/her parcel). After 60% of the lots are sold by the Declarant, the Owners shall elect new members of the Site Committee. Each lot shall have one vote per member of the Committee being elected regardless of the number of Owners of an individual lot. Declarant will also have 1 vote. A lot's vote must be cast unanimously by its Owners in order for said vote to be allowed. Vacancies in the Committee caused by death, resignation or inability to act, shall be filled by appointment by the remaining members of the Committee or, if there are no remaining members, by election by the Owners. Members of the Committee, once elected, will serve for a 2 year term, with the exception of the first Committee elected; wherein one member shall serve 1 year, one member shall serve 2 years, in order to achieve a 000315 000316 Committee wherein the membership is staggered and no more than one member is up for election in any given year. A member of the Committee may be removed from the Committee upon a majority vote of the Owners. It shall be the duty of the Site Committee to consider and act upon proposals, plans and specifications submitted to it from time to time and to perform such other duties from time to time delegated to it by the Owners. The Site Committee shall meet from time to time (in person, by telecommunications or other convenient method) as necessary to properly perform its duties hereunder. A vote or written consent of two (2) members shall constitute an act by the Site Committee. No Building, structure, sign, fence, remodeling, landscaping or improvement of any kind shall be erected, placed, constructed or permitted on any lot until the plans, specifications and exterior material have been approved in writing and a building authorization form has been issued by the Site Committee. The Site Committee shall exercise its discretion to issue building authorization forms with the following objectives in mind: to carry out the general purposes expressed in this Declaration; to prevent violation of any specific provision of this Declaration; to prevent any change which would be unsafe or hazardous to any persons or property; to minimize obstruction or diminution of the view of others; to preserve visual continuity of the area; to assure that any change will be of good and attractive design and in harmony with the rustic and natural setting of the Property and to assure that materials and workmanship for all improvements are of high quality comparable to other improvements in the area. Prior to commencing any construction or improvements on any lot, an owner shall submit plans and specifications to the Site Committee for its review. The Site Committee shall review the plans and specifications within thirty (30) days from the submission and determine if the proposed construction, improvements or development confoiins to the requirements of these covenants Approval, if appropriate, will be issued by a written statement form the Site Committee that shall constitute the required building authorization foal". A building authorization foiiu granted by the Site Committee shall be conclusive evidence of the compliance with the terms hereof for the construction, improvement, alteration and use by the permittee. This building authorization form shall not replace or act as the Building Permit that is issued by the Lincoln County Planning and Zoning office. All lot owners are required to receive the subdivision building authorization as well as the Lincoln County Building Permit prior to any construction on the property. The Site Committee may grant a variance from the provisions of these conditions, covenants and restrictions relating to the improvements, the location of improvements, fencing, landscaping and other features of the lots, but the Committee shall not in any event be empowered to change the use thereof for other than exclusive residential use. This grant of a variance shall not be mistaken for variances to the Lincoln County Zoning Regulations Resolution which are matters that are taken to the Lincoln County Planning and Zoning Office. XVIII. FURTHER SUBDIVISION OF TRACTS 000317 No tracts shall be subdivided any further than the current subdivision currently in place for such a tract. XIX. ANNUAL MEETINGS The Homeowners shall meet annually on the last Monday of January. Notice of the time and place of this meeting shall be mailed to each tract owner at least fourteen (14) days prior to the meeting. Pine Creek North and Pine Creek South Subdivision business and necessary elections and votes will occur at annual meetings. Special meetings may be called by any tract owner by mailing notice of such a meeting to all other tract owners. XX. SEVERABILITY Invalidation of one or more of these covenants or a part thereof by Court Order shall not effect in any manner the other provisions hereof, which shall remain in full force and effect. XXI. WYOMING LAW These Protective Covenants shall be construed by applying all applicable Wyoming and Lincoln County laws, regulations, resolutions, restrictions and ordinances. XXII. HEADINGS The headings used in this document are for convenience and should not be construed in any way to contradict the language of these Protective Covenants XXIII DURATION OF RESTRICTION These Protective Covenants shall remain in full force and effect at all times against the Property and the Owners thereof, subject to the right of amendment or modification provide for herein, for a term of twenty (20) years after which time they shall be automatically extended for another successive period of twenty (20) years unless teiniinated by a unanimous vote of the Owners of Lots. XXIV. AMENDMENTS These covenants may be amended at any time by the signature of the owners of at least 75% of the tracts in the subdivision. Any such amendments shall be effective upon recording the amendment in the Office of the County Clerk, Lincoln County, Wyoming XXV. ENFORCEMENT The Declarant, Site Committee or any Owner shall have the right to enforce, by any proceeding in law or in equity, all restrictions, conditions, covenants, easements and reservations now or hereafter imposed or granted by the provisions of this Declaration. Failure by the Declarant, Site Committee or any Owner to enforce any provision herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event that an enforcement action is brought, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in connection with said enforcement action. Harold Hatch Tonya Hatch IC/X-6241 t �a;vuh�. This instrument was acknowledged before me on this 9 day of 2010, by Harold and Tonya Hatch and Ernest and Karen Thornock. County of seal K. BYERS PUBLIC State of Wyoming My Commission Expires September 15, 2011 Ernest Thornock Karen Thornock 000318 Notary Public My commission expires: 9 /g 1)