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HomeMy WebLinkAbout887231 RECEIVED LI~',~COLt,! COU,~,IT'¢ CLERK CORRECTIVE DECLA TION OF COVENANTS, CONDITIONS, AND BOOK 51 (~ PR PAGE FOR PACK SADDLE SUBDIVISION THIS CORRECTIVE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PACK SADDLE SUBDIVISION, made on the date hereinafter set forth, by MERRILL MCNEEL, personally and as attorney in fact for Erna Jean Deutz, Edwin G. McNeel, James McNeel, Paul L. McNeel, Raymond McNeel, Julia Ritchey, and Cheryl Tarrell, hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the County of Lincoln, State of Wyoming, described as: See Exhibit A, attached hereto and incorporated herein by reference. NOW THEREFORE, Declarant hereby declares that the property described above (hereafter referred to as the "property") shall be held, sold, conveyed, used, improved, and occupied subject to the following easements, restrictions, covenants, and conditions, which are set forth for the purpose of protecting the value and desirability of the Pack Saddle Subdivision. These covenants shall run with the real property and shall 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 insure to the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PACK SADDLE SUBDIVISION PAGE 1 OF 7 benefit of each owner thereof. LAND USE AND BUILDING TYPE. 833 The property shall be used only for residential pUrposes. No building shall be erected, altered, placed, or permitted to remain on any lot within the property other than one (1) detached single family dwelling, one (1) garage, and (1) one barn with a stable and/or corral. One (1) guest house for a single family may also be built on a lot within the property, provided that the guest house exterior conforms to the exterior design of the main residence. Only new construction shall be permitted. No pre-built or prefabricated homes, component, or modular construction shall be permitted. Any structure rising more than one (1) story must have approval of all of the owners of the property. NUISANCES PROHIBITED. No noxious or offensive activity shall be carried on upon the property, 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 the property. In determining whether there has been a violation of this paragraph, recognition must be given to the premise that owners, by virtue of their interest in the property, are entitled to the reasonable enjoyment of the natural benefits and surroundings of the property. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devises, except security devises used exclusively to protect the security of the property and improvements located thereon, shall be placed or used upon the property. PROHIBITED ACTIVITIES. No business, commercial, or manufacturing enterprises, or any enterprises of any kind or nature, whether or not conducted for profit, shall be operated, maintained, or conducted on any lot within the property or in any improvement erected thereOn, nor DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PACK SADDLE SUBDIVISION PAGE 2 OF 7 834 shall any dwelling or guest house thereon or any part thereof, be used as a boarding or rooming house; provided, however, that both a main dwelling and guest house on any lot within the property may be leased together by the owner for use as a single family dwelling. CONDITION AND REPAIR. All structures erected on the property and all lands comprising the property shall be kept in good condition and in a neat appearance. No structure shall be permitted to fall into disrepair. Construction of any structure must be performed diligently from the time of commencement until fully completed. SIGNS AND LIGHTS. No signs or exterior lights of any character shall be placed or maintained on the property except: (A) A sign identifying the owner or occupant thereof, the dimensions of which shall not exceed three (3) square feet and which shall not be illuminated unless the same is affixed to the exterior of a main dwelling or guest house and only then by incandescent illumination. (B) Any light used to illuminate parking areas, grounds, or used for any other purpose shall be so arranged as to reflect the light away from any adjacent lots or nearby dwellings and away from the vision of passing motorists. EXCAVATION AND MINING PROHIBITED. No excavation for stone, sand, gravel, or earth shall be made upon the property except for such excavation as may be reasonably necessary for the construction, reconstruction, or alteration of any improvement. LIVESTOCK AND POULTRY. No animals or fowl of any kind shall be kept or maintained on any lot within the property except for generally recognized household pets, horses and mules, and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PACK SADDLE SUBDIVISION PAGE 3 OF 7 in no event shall such pets or animals be bred or maintained for commercial purposes. The owners of any lot within the property shall be responsible for all animals kept or maintained on their lot. Any allowable animal must be restrained by means o~an approved fence or corral within the boundaries of each lot within the property and shall not be allowed to create a nuisance in the area. The harassing of other animals or neighboring animals shall constitute a violation of this provision and any owner shall have the right to demand immediate removal of the animal from the property. UTILITY SERVICES. All electric power and telephone service lines and all other utility services shall be underground or located inside the exterior of a building. WASTE AND TRASH DISPOSAL. No trash, brush piles, rubbish, junk, inoperative vehicles, and no other unsightly items of personal property or waste shall be collected, placed, or be permitted to remain on or in front of or in back of any lot within the property. The owner or occupant of any lot within the property shall do all things necessary or desirable to keep the lot neat and in good order. The use of exterior garbage containers shall be restricted to the disposition .of household waste and garbage. All exterior garbage containers shall be screened from view of adjoining property owners and the road except for the day that waste and' trash is scheduled for pickup. SEWAGE. All residential buildings shall be connected to a private sewage disposal system that shall conform to all applicable standards of the State of Wyoming, Lincoln County, and any other applicable regulatory agency. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PACK SADDLE SUBDIVISION PAGE 4 OF 7 WELLS. conform to all applicable standards regulatory applicable agency. 836 All residential buildings shall be connected to a private well system and that shall of the State of Wyoming, Lincoln County, and any other UTILITY EASEMENTS. Easements for the installation and maintenance of utilities are reserved and are shown on the subdivision plat of the property. No structures shall be placed or permitted to remain within the limits of the easements that may endanger or interfere with the installation and maintenance of utilities. The landscape of the easement area within a lot is the responsibility of the owner of that, but any owner installing utilities on a lot owned by another owner shall be responsible for the reasonable restoration of the easement after installation, maintenance, or repair of utilities therein. COMMON ROAD. Roads shall be private and each owner of a lot within the property shall be responsible for an equal portion of the snow removal and maintenance costs for the roads. PROPERTY DMSIONS. A lot within the property may be subdivided only once after purchased from the Declarant. All of the provisions herein shall apply to all lots within the property. VALIDITY. Invalidation of one or more of the covenants, conditions, or restrictions by a court shall not affect in any manner the other provisions hereof, which shall remain in full force and effect. ENFORCEMENT. Any owner of a lot within the property may enforce these covenants, conditions, and restrictions against another owner or owners of a lot or lots within the property. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PACK SADDLE SUBDIVISION PAGE 5 OF 7 837 IN WITNESS WHEREOF, this Corrective Declaration of Restrictive Covenants, Conditions, and Restrictions is executed this 2q0~'~ day of January, 2003. MERRILL L. McNEEL ERNA JEAN DEUTZ by MERRILL L. McNEEL, ATTORNEY IN FACT EDWIN G. McNEEL by MERRILL L. McNEEL, ATTORNEY IN FACT JAMES McNEEL ~/ by MERRILL L. McNEEL, ATTORNEY IN FACT PAUL L. McNEEL by MERRII,L L. McNEEL, ATTORNEY IN FACT RAYMOND McNEEL / by MERRH,L L. McNEEL, ATTORNEY IN FACT JULIA RITCHEY by MERRH,L L. McNEEL, ATTORNEY IN FACT CHERYL TARRELL by MERRII~L L. McNEEL, ATTORNEY IN FACT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ~ PACK SADDLE SUBDIVISION PAGE 6 OF 7 STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) 838 ACKNOWLEDGED before me by MERRILL L. McNEEL this 2q'/~ day of January, 2003. WITNESS my hand and official seal. My Commission expires: STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me by MERRILL McNEEL as ATTORNEY IN FACT for ERNA JEAN DEUTZ, EDWIN G. McNEEL, JAMES McNEEL, PAUL L. McNEEL, RAYMOND McNEEL, JULIA RITCHEY, and CHERYL TARRELL, this 2-q~ day of January, 2003. WITNESS my hand and official seal. My Commission expires: 6'/[ t f~ [ ! / DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PACK SADDLE SUBDIVISION PAGE 7 OF 7 EXi31BIT A Description - Packsaddle Subdivision- 54.555 Acres A portion of the properties referred to in the Deed recorded in Book 495PR, on Page 16 and in the Deed recorded in Book 495PR, on Page 19, within the N1/2NE1/4 of Section 9, T36N, R119W, of the 6th. P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the B.L.M. type Monument marking the Alden N. Brewer PLS 526, 1971 location for the Southwest Corner of said N1/2NE!/4 (Idaho - NI/16 S9 CC); thence N1°03'41"E, along the West ~ine of said N1/2NE1/4, 814.49 feet marking the Southeast corner of lot 42 of Alpine Retreat Subdivision number one; thence S88°59'09"E, parallel with the North line of said N1/2NE1/4, 673.96 feet to an Iron Pipe set; thence N44°24'10"E 987.49 feet to an iron pipe found marking a point in said North line of said N1/2NE1/4 thence S88"59'09"E, along said North line, 833.34 feet to the B.L.M. type Monument marking the Lloyd B. Baker (PE/LS 698) 1993 location for a bend in the Caribou National Forest Boundary line at the Section line between Section 4 and said Section 9; thence S4°24'59"E, along said Forest Boundary line, 880.91 feet; thence S53°59'42"E, continuing along said Forest Boundary line, 450.99 feet to a point in the East line of said Section 9; thence S1°03'18"W, along said East line, 194.19 feet to the Marlowe A Scherbei PLS 5368 1992, calculated location for location for the Southeast Corner of said N1/2NE1/4; thence N89°02q3"W, along the South line of said N1t2NE1/4, 2,638.85 feet, to the Point of Beginning, containing 54.555 Acres of !and. TOGETHER WITH and SUBJECT TO: A 60-foot wide Right-of-Way Easement for Ingress, Egress and Utilities over, under and through portions of the SE1/4 of Section 4 and the Nlt2NE1/4 of Section 9 as shown on Plat No. 102A, titled Record of Parcel Division for Glidden McNeel Estate dated 3-3-1998 prepared by Lloyd B. Baker and Associates to McCoy Creek Road, also TOGETHER WITH: A 40-foot Forest Road and Trail ACT, Private Road Easement as referred to in Instrument No. 669382, recorded in Book 248PR, on Page 667.