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HomeMy WebLinkAbout965969DECLARATION OF COVENANTS, CONDITION AND RESTRICTIONS 00838 GREYBACK RANCHES SUBDIVISION THIS DECLARATION is made as of August 1, 2012 by Daniel A. Schwab, a General Manager of Greyback Ranches, Inc, and Steve Bushman, Manager for Bucato LLC hereinafter referred to as "Declarant the owners of the property described as the Greyback Ranches Subdivision located within the NW1 /4NW1/4 of Section 8 and the SW1 /4SW1/4 of Section 5, T34N, R1I6W, in the Greys River 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 Surveyors Scherbel and approved by the Lincoln County Board of County Commissioners as of August 7, 2012, instrument The provisions contained on that plat including without limitation the "Plat Warnings" are incorporated herein by this reference. NOW, THEREFORE declarant hereby declares that Lots 1 thru 4 of the Greyback Ranches Subdivision shall be held, sold and conveyed 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 Section 1. LAND CLASSIFICATION. Lots 1 thru 4 within the Greyback Ranches Subdivision has been classified as single family residential property. Section 2. GENERAL RESTRICTIONS. The following general restrictions shall apply to Lots 1 thru 4 of the Greyback Ranches Subdivision. All discrepancies of the CCR's within the subdivision will be decided by a 75% majority vote of the current lot owners and the CCR's can be modified or changed at any time by the same majority vote. Each lot constitutes 1 vote, for a total of 4 votes. (a) Each lot or tract shall be used exclusively for residential or seasonal camping purposes, provided, however, that nothing in this subparagraph (a) shall be deemed to prevent (1) the leasing of any lot from time to time by the owner. No limit is placed on the number of camp trailers allowed on any given lot, at any given time, as long as it does not interfere with the other lot owners enjoyment of their lot and is not a noise or visual nuisance. If any lot owner deems another owner is a noise or RECEIVED W (12uvz at 1:4u vm RECEIVING 9659 BOOK: 790 PAGE: 838 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY the lot in an organized manner or shielded by vegetation, if possible, from neighboring properties. No inoperative motor vehicle shall be kept on the premises for more than thirty(30) days. Motor bikes, motorized trail bikes, and four wheelers (or similar mechanical devices) shall not be used on the property except for purpose of property maintenance, light casual use and for ingress and egress. No motor cross or constant motor use for ATV, motor bike or similar devices is allowed that would negatively affect the quite use and enjoyment of the other lot owners property. (h) All garbage and trash shall be placed and kept in covered containers or any suitable baggage which shall be maintained so as not to be visible from neighboring properties and be offensive in odor. 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, if any, shall be paid by each owner, in accordance with the billing of the collector. (i) No rubbish or debris of any kind shall be placed or permitted to accumulate on the properties. No metal, such as scrap metal, shall be stored, or allowed to accumulate on the property except within an enclosed structure or when screened by vegetation from neighboring properties. 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. (a) Lot owners in this subdivision understand that these lots are far enough away from an organized fire station that the practicality of receiving help in extinguishing a fire is minimal. The primary responsibility of fire prevention rests with the home owner. Fire prevention can be enhanced by using as many non burnable materials for construction as feasible and by creating a safe fire perimeter around any structure to help prevent natural fires from reaching the home. Roofing material has been found to be the most crucial factor in homes catching fire from a forest fire. In light of this information, cedar shakes are highly discouraged. Section 2. IMPROVEMENTS ALLOWED. All improvements shall be of new, permanent construction using good quality workmanship and materials. Permanent wall tent structures or other camping structures or pavilions or teepees or out -door toilet facilities are allowed and will be maintained and kept in good appearance. Section 3. DESIGN CHARACTER. All buildings shall be constructed in character with each other specifically by using complementary exterior roofing, building material and coloring on each building on the property. All buildings will be painted or faced in colors that blend into the natural environment and landscape of the area and are to be of earth tone colors. 3 1 (a) Exterior materials will be of rough sawn natural wood, peeled log, stone, exposed aggregate concrete, or similar wood textured natural material. Metal or vinyl siding will be allowed only with permission of 75% of the lot owners consent. No cinderblocks shall be used as exterior material. Roof materials shall be asphalt shingle, slate, ribbed or shingle metal roofing with a non reflective finish As mentioned earlier, cedar shakes will be allowed but discouraged due to fire hazards. Section 4. BULDING DESIGN AND SETBACKS (a) The minimum floor area of any single family residence shall be not less than five hundred (500) square feet at ground level, exclusive of a garage, carport, or porches or decks and other outbuildings. A maximum floor area shall be three thousand (3,000) square feet at ground level or above with the same exclusion stated above. (b) Solar collectors may be of any construction, materials or pitch required for efficient operation, they shall not be placed on any structure in a manner which causes objectionable glare to any neighboring resident. Solar collectors shall try to be integrated into the structure of a residence, garage, carport, or other accessory buildings, if at all possible, but can be free standing if the design requires it. (c) No building shall be located nearer to a property line than Lincoln County setbacks require. (d) No structure shall be erected, altered, placed or permitted to remain on the property which shall exceed either two (2) stories in height or thirty (30) feet maximum. 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 excluding chimneys antennas. (e) All electric, telephone, sewer, and water installations and connections located on the property after the date of recordation of these covenants shall be placed under ground. (f) All fuel tanks, water tanks, or similar storage facilities shall either be constructed as an integral part of a living unit, or shall be installed or constructed underground, if at all possible. ARTICLE III MISCELLANEOUS PROVISIONS Section 1. WATER AND SEWER SYSTEMS. Lots 1 thru 4 will be part of a common water system as required by Lincoln County. Maintenance of the well and common distribution system shall be equally shared by the lot owners. The water 4 J84 system shall become the responsibility of the individual lot owner once the water is carried from the common system past the shutoff value that will be located on each individual lot. Each residential building shall be connected to a private sewage disposal system at the owner's expense, and such sewage disposal system shall conform to all applicable standards of the State of Wyoming, Lincoln County or any other regulatory agency. Permanent out -door toilet facilities are allowed and are to be properly maintained and kept in a presentable manner. Section 2. SUBDIVISION ROAD. A PRIVATE ROAD NAMED Greyback Lane provides access for ingress and egress from the US Forest Road to only those lots in Greyback Ranches Subdivision. Each lot in this subdivision has an easement for such use of that road. This same private road will also provide an access to the adjoining airstrip for only these lot owners in the Greyback Subdivision. Each lot owner shall be responsible for a reasonable and fair proportionate share of the maintenance expenses of Greyback Lane. Each lot owner will participate equally in maintenance costs and repairs of the road, regardless if they build a cabin or permanent structure. 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 improvements thereon. No oil drilling, oil development operation, or mining operations of any kind shall be permitted upon the property. Provided, that this shall not prohibit excavation and/or grading for landscaping purposes completed in the course of implementation of landscaping, including but not limited to excavation for ponds and berming for privacy. Section 4. FENCES. Fences shall be of wood construction using a cross buck or post and pole design to provide a consistent look in the subdivision. Barb Wire fencing may be considered as an alternative if approved by a majority vote of lot owners. Metal fencing, however, will be permitted for dog runs, provided the dog runs are not visible from neighboring properties. Temporary electric fences shall be allowed to control horses. Section 5. EXTERIOR FIRES. Exterior fires shall be allowed as long as they are located within dirt receptacles surrounded by rocks or some other preventive fire barrier, properly constructed permanent outdoor fireplaces or fire pits, and for such fires for vegetation and/or rubbish control. Section 6. CLOTHES LINES. Outside clothes lines or other outside clothes drying or airing facilities shall not be visible from neighboring properties. Section 7. HUNTING. Discharge of fireman's is allowed on property as long it does not jeopardize the safety and well being of the other land owners. Section 8. AIRPARK USE. All lot owners understand and agree that their lots adjoin an airstrip designed and maintained for the use of small aircraft. Lot owners 5 00841 agree not to impede the use of the airstrip. Lot owners of the Greyback Ranch Subdivision shall also have full use of the airstrip. Lot owners do not have any financial obligation of the costs of improving or maintaining the airstrip if they do not use it. It is recognized Lots 1 2 own ground that is used by the airstrip and acknowledge that they are subject to the lease agreement with Greys River Ranch LLC and/or assigns, that requires no buildings be built in the airstrip. It is also recognizes that an area marked on the plat map, which begins 30 ft due west of the centerline of the runway and hence running due east to the subdivision boundary, shall be designated as a "no parking area other than those necessary stops that are required to open and close the entrance gates to allow ingress and egress to the subdivision. This will help to insure for the safety of vehicles from the potential of low flying aircraft from the adjoining airstrip. Other height restrictions in regards to gated entrances may apply in this marked zone mentioned above. If they airstrip is dissolved, any and all restrictions in this marked area no longer apply to the lot owners. Section 10. WEED CONTROL. All lot owners understand and agree that they will be responsible to control, maintain, monitor, and take appropriate measures on their lots for weeds as well as any other noxious weeds that may appear. ARTICLE IV GENERAL PROVISIONS Section 1. ENFORCEMENT. Each grantee of a lot of the Subdivision by acceptance of a deed or execution of a contract of purchase incorporating by reference this declaration accepts, the same, subject to all such conditions, covenants, and restrictions. The owners of the lots shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions covenants, reservations, heirs and charges now or hereafter imposed by the provisions of this declaration. Failure of the owners 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 owner or other party shalt be entitled to recover their fees, costs, and expenses, including reasonable attorney's fees, from the party against whom enforcement action is brought, if such legal action is needed and cannot be resolved by a 75% majority vote of the lot owners. 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. Upon closing of this property, the Declarant, as referred to in this document, will have no involvement or legal enforcement of these Covenants, Conditions and Restrictions as they are set forth. The CCR's will become the direct ownership and enforcement of the deeded lot owners of Greybank Ranches Subdivision. 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 declaration to be and shall constitute a nuisance and may be abated by the 6 0084 00843 owners or his successors in interest or by any affected lot owner and such remedy shalt be deemed cumulative and not exclusive. Section 3. SEVERABILTY. Invalidation of any one 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. 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 August 1, 2022, at which time said covenants shall be automatically extended indefinitely, unless it is agreed otherwise by the owners of a majority of all lots in the Subdivision. Any change or modification in the provisions of this declaration shall be valid 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 unless modified again according to the terms of this paragraph. Section 5. GOVERNING LAW. This declaration shall be governed by the laws of the State of Wyoming and shall be binding upon their heirs, executors, administrators, successors and assigns of the declarant and the owners. Section 6. HOMEOWNERS ASSOCIATION. At a future point in time property owners may form a non -profit organization to facilitate maintenance cost and other related concerns. Individual lot assessments cannot exceed $500 per year without the approval of all lot owners. IN WITNESS WHEREOF, declarant has executed this Declaration as of the day and year first above written. Daniel A. Schwab, Greyback Ran es teve Bushman, Manager Bucato LLC Manager 7 Date ��Z ate On this gy day of General Manager for G willing s ed on A l: i 1 Public ommission Expires f g= e 6 STATE OF UTAH COUNTY OF (A On this day of 2012, Steve Bushman, acting as Manager LLC, personally ppeared before me ing signed on behalf of the above mentioned entity. My Commission Expires Z BRUCE BARTLETT MOTARYFUBLIC•STATE OF UTAH COMMISSIONS 606475 COMM. EXP. 0249.2015 i 2012, Daniel A. Schwab, acting as a ack Ranches Inc, personally appeared before me and e above mentioned entity. 8 LANCE P. ROBINSON NOTARY PUBUC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES MARCH 18, 2016 00844