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HomeMy WebLinkAbout888678STATE OF WYOMING )ss. COUNTY OF LINCOLN AMagLlS6 7 O NORDIC RANCHES COVENANTS, CONDITIONS AND RESTRICTIONS r: 697 PAGE 9 BOOK FOR DIVISION NO. 13 RECEIVED LINCOLN COUNTY CLERK WHEREAS, Reinhart- Edwards LLC are the sole owners in common ofNordic Ranches as the same appears as part of that described in the notice of Purchasers Interest of record in the office of the Clerk of Lincoln County and as described and shown on the plat of record in the said office for the Nordic Ranches Division No. 13. WHEREAS, the undersigned desires to place certain Covenants, Conditions and Restrictions on said Ranches in Lincoln County, Wyoming, for the benefit and protection of the undersigned and those purchasing lots within said Nordic Ranches. WHEREAS, the undersigned desires that this instrument shall define the Covenants, Conditions and Restrictions upon said Ranches and shall be incorporated into the deeds and contracts to persons purchasing lots in said subdivision with said Covenants thereby intended to apply to each lot and to run with the land through subsequent transactions. WHEREAS, Reinhart- Edwards LLC previously filed Covenants, Conditions and Restrictions for Division No. 13 as found on Page 920 of Book 500 in the Lincoln County Clerk's Office, State of Wyoming, Reinhart- Edwards LLC now amends said covenants, conditions and restrictions as follows. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that all lots in Nordic Ranches. Subdivision, including all phases, above described are subject to the following listed Covenants, Conditions and Restrictions, to -wit: (1) GOVERNING B OARD. Clarence L. Reinhart, Dorothy I. Reinhart and GanelleB. Edwards are the sole governing board for Nordic Ranches Subdivision for the purpose of developing Nordic Ranches Subdivision and for the purpose of enhancing and protection of the value, desirability and attractiveness of the real property and every part thereof. Lot owners may advise the Governing Board on matters that concern their health, safety, welfare or residential 1 11: (2) ROADWAYS. The Developers shall provide private roadway access to all lots within Nordic Ranches Subdivision No. 13, all phases. Roadways provided by the Developers, though private, shall be constructed to meet county standards at the date of approval. Maintenance of those roadways provided by the Developers shall be at the discretion of the Developers based on usage requirement of lot owners serviced by said roadways. 698 enrichment singularly or concurrently, directly or through an appointed representative. They shall be in writing (2 copies) and signed by each owner favoring the stated proposals or suggestions. A decision shall be rendered and returned within 90 days and said decision shall be binding in the future to all parties as a reaffirmation or a change to our Covenants, Conditions and Restrictions. A change to our Covenants, Conditions and Restrictions may occur only as a result of approval by a simple majority of lot owners and approval of the Developers until the last lot is sold, thereafter modification by simple majority based on one vote per lot owned. It is the express wish of the Developers that Nordic Ranches Subdivision remain a low density residential development with a primary concern for maintaining environmental quality. At such time as the Developers are no longer the majority property owners in Nordic Ranches Subdivision, all phases, then the Developers may, at their discretion, establish a Homeowners Association based on voting rights of one (1) vote per lot owned within Nordic Ranches Subdivision, all phases. HOWEVER, until such time as the Governing Board may establish a Homeowners Association, regular appointed meetings of the Board may not be an occurrence until such meetings may be specifically requested by property owners within Nordic Ranches Subdivision. Snow removal from private roads constructed by the Developers shall be at the discretion and expense of lot owners served by said roadways. Should lot owners so elect to maintain said private roads free of snow, then they shall do so in a manner so as to not create a hazard or damage to the Developers' roadways, utilities which may occur within roadway easements, or privately owned properties adjoining said roadways. Individual lot owners shall maintain their lots free of noxious weeds by keeping full lot seeded with appropriate grasses. This shall include area of the lot within that part of lot covered by roadway easements. Private roadways constructed by Developers, as shown on the final plats of Nordic Ranches Subdivision, shall be considered to be permanent easements. Easements shall be ofthe length, width and circumference as described on the final plat of Nordic Ranches Subdivision. Driveways from the private roadways or cu -de -sacs shall be constructed and maintained solely at the expense of the individual lot owner. Said driveways shall be constructed only after 0888678 690 (3) written approval of the Governing Board upon submission of sight plans. Driveways shall be constructed in such a manner as to not create a hazard of damage to adjacent property owners or roadways through dust or drainage. DOMESTIC WATER. Water will be provided by deep wells located within the subdivision. Distribution of water from said wells shall be constructed by the Developers to the lot lines. Hook -up shall be at the owner's expense. Hook -up fee which will include meter pit and meter must be paid to Nordic Ranches Water Association at time of purchase. Rates will be provided by the Water Association. Each consumer shall be billed for the water used, proportionate share according to usage ofthe costs ofrepair, electrical and other maintenance costs that must be apportioned out to the shared usage. Water that is from these wells is to be used for domestic water only. Reporting and testing of these wells to insure water quality will be done by chosen members by the lot owners. Water as provided by the Developers shall not be for use in irrigation nor for the filling of artificial streams, lakes or ponds as may be constructed by the lot owners. Should owners at a future time choose to, at their own expenses, and as permitted by county, state and federal regulations, construct any separate water system, no allowance will be made for their non -usage of the system. Whereas, Clarence L. and Dorothy I. Reinhart, as Developers, have provided deep wells located upon the plats and have provided distribution of water from such wells to the various properties, and may additionally in the course of further development of such Nordic Ranches provide additional wells and distribution systems, the owners acknowledge and understand that the wells and distribution systems placed in service or to be placed in service by the Developers shall (upon sale by Developers of Nordic Ranches, all phases) become the undivided property of the lot owners of record, their heirs and assigns. At such time as all lots are sold in all of Nordic Ranches Subdivision all phases, said subdivision wells and distribution systems shall automatically revert to the lot owners who shall upon such occurrence and at such time, from either a homeowners association or a well and water distribution association to then service, maintain, repair and manage such wells and distribution systems. Upon such occurrence (the sale of all lots within all of Nordic Ranches Subdivisions, all phases) the control, ownership and responsibility of said wells and distribution system shall be that of the lot owners, their heirs and assigns, at which point the Developers shall not have further responsibility for the maintenance, upkeep and /or servicing of such wells and distribution system and shall under no circumstances be liable for same. This shall be binding on Nordic Ranches Subdivision, all phases, and all individual lot owners who -3 purchase from the Developers as well as subsequent individual lot owners who shall purchase the remaining lots in Nordic Ranches Subdivision, all phases and including all future phases. IRRIGATION RIGHTS IN DIVISION NO. 13. In accordance with the Irrigation Company guidelines, 33 irrigation heads are allowed on each 40 acres comprising Nordic Ranches Division 13. Under these guidelines, each lot owner is allowed 11.5 g.p.m. flow for outside irrigation. Two inch pipes will be stubbed into each lot to allow this quantity to be used. No irrigation pipe larger than two inches will be allowed in any private lot within the subdivision. Irrigation water use may be regulated or eliminated completely by the Irrigation Company in times of low water. Agricultural use will have first priority in low water periods. (4) ELECTRICITY AND TELEPHONE. These services shall be provided by the Developers to the lot line. Any costs of the required improvements will be borne by the lot owner. All repair from within the lot distribution as well as the installation shall be at the responsibility of the lot owner. These will be constructed in agreement between the consumer and the public utilities companies. There shall be allowed no above ground transmission lines of any nature upon lots within the Nordic Ranches Subdivision. (5) 700 ASSESSMENTS. Assessments shall be made from time to time upon each lot within Nordic Ranches Subdivision. Assessments shall be made by the Governing Board or Homeowners Association, whichever is in force at the time of assessment, and shall be collected as fair reimbursement for services rendered. In the event that assessments should exceed actual cost of services, the additional monies may be equitably re- disbursed to the lot owners or may be retained to create an operating fund for services or improvements within the subdivision. Should a majority of lot owners (as determined by a vote of one vote per lot owned) deem certain improvements necessary within Nordic Ranches Subdivision which may enhance the quality and /or property value of all lots within said subdivision, then said improvements shall be deemed as cost assessable to all lot owners on a per lot basis. Should certain services or improvements be made to one lot owner and not another, the owner /owners served shall be assessed separately. A. Roadways shall be assessed for in general to each lot served by said roadway for any maintenance as may be provided by the Governing Board or Association. B. Water shall be assessed for each lot served, to be determined by gallons used as indicated on separate water meters. The price per gallon shall be established as regulated and priced by county or state regulation. C. Electricity and telephone are not assessable by Nordic Ranches Subdivision when delivered to the individual lot owner. However, any costs of electricity to run the 4 701 wells, etc. shall be charged to owners served in proportionate share to the gallons of water consumed. Assessments on lots within Nordic Ranches Subdivision are expressly made for maintenance, extended services and reasonable improvements within the subdivision. It is not the intent of the Developers to use the above stated assessments for personal profit. Assessments may be made on a regular monthly or annual basis or may be levied as specific one time assessments. Rate of assessments may vary from time to time dependent upon the cost and nature of the service or improvement being assessed for. It should be understood by all present and future lot owners, their heirs and assigns, that all lots within Nordic Ranches Subdivision are subject to assessment. And, that all assessments levied upon lots specifically or generally within the Nordic Ranches Subdivision shall be considered as legal and reasonable cost to specified lot owners. And it is understood that lot owners shall have a reasonable and lawful time of 30 days from date of posting said assessment billing in the United States Postal System to pay said assessments. And should such assessments not be promptly paid, then the Governing Board or Homeowners Association reserves the right to charge interest on the unpaid balances due at a maximum legal rate of interest or may elect to discontinue service for which reimbursement has not been made. Under no circumstance shall the Governing Board or Homeowners Association be required to make or provide services, maintenance or improvements within Nordic Ranches Subdivision free of charge to lot owner or owners. (6) Every owner shall have a right and an easement of enjoyment in and to the roads and forest access, areas and such easement shall be appurtenant to the respective lot or lots for which each owner holds such interest and shall pass with the title to every lot, subject to the following provisions: A. The right of the Developers and /or Declarants to dedicate or transfer or grant rights of -way to all or any part of the roads or forest access areas to any public agency, authority or utility for such purposes as the Developers or Declarants deems in their sole discretion, beneficial to the property and lots so long as such dedication or transfer does not unreasonably interfere with the owners right to ingress and egress to and fro his lot or forest access areas and the enjoyment thereof. BUILDING AND STRUCTURAL IMPROVEMENTS. All lots within Nordic Ranches Subdivision are limited to not more than one single family dwelling and not more than four (4) additional, detached secondary structures such as garages, barns, stables, etc. No residential structure shall have a ground floor area exclusive of one story porches, carports or garages of less than one thousand (1,000) square feet on the main floor unless the 5 0888"7'8 702 house is a split entry and in that case a minimum of eight hundred (800) square feet of living area is required or in the case of a split entry each level with a minimum of two levels finished can be less than six hundred (600) square feet of living area exclusive of porches, garages or carports. All residences shall have a garage. Any deviation of this must have approval of the Governing Board of Homeowners Association. No structure shall exceed three (3) stories in height above finished grade level. It has not been the intent of the Developers to consider the use of "manufactured homes" or "modular homes" on the lots. However, the Governing Board, in an effort to be fair, would on a case by case basis do an evaluation on a submitted design or plans and if they felt they would meet the criteria, could give permission for building. The Board's decision would be final. Approved metal siding would be allowed, and wood siding would be considered. An attached carport or double garage would be required. However, for not more than one year (12 months) a camper or mobile recreational vehicle type unit shall be allowed to be put on a lot during the construction phase of the single family dwelling. Upon completion of the construction or lapse of twelve (12) months, whichever occurs first, the camper or mobile type unit shall be removed from said lot. This allowance is made only for the construction phase ofthe permitted single family dwelling and not for the construction phase of any additional outbuildings. However, one recreational unit may be stored in the storage area so long as the unit is not being used to live in. One trailer may also be stored in the storage area for such use as a horse trailer. Any additional storage should be housed in a permanent shed for that purpose. No manufacturing, commercial or business operation other than arts, crafts or professional operated solely by members ofthe family actually occupying the residence shall be conducted on any lot; no advertising other than a temporary sign not exceeding fifteen (15) inches by twenty -five (25) inches shall be exhibited on any lot, nor shall lots be used in any manner nor for any purpose which may endanger the health, or unreasonably disturb the holder of any other lot. No building shall be located on any lot nearer than twenty (20) feet to any property boundaries, and adjacent to agricultural lands; this set back shall be twenty -five (25) feet. As a general guide to lot owners, it is required that structures constructed on any lot, whether for residential use or storage or shelters, be of good architectural style with consideration given to the surrounding environment of mountains, forest and farm lands. It is not the Developers desire to discourage individuality unless such individuality were to create an obvious conflict with the surrounding environment or be of a nature as to be considered 6 0 88 i'8 703 objectionable by adjoining property owners. It is further the desire of the Developers that the structures on any one lot show a degree of harmony to one another in styling and in color. Any building permitted to be constructed within Nordic Ranches Subdivision shall have exterior construction completed in not less than twelve (12) months from time of beginning. Interior completion shall be at the option of the owner. No structures on any lot, whether residential or outbuilding, shall be permitted to be in a state of disrepair. All structures shall be properly maintained as any prudent property owner would normally do. Should the Body or Homeowners Association find a lot or structure thereon to be objectionable due to disrepair, disorderliness or disregard, the owner of the said lot or structure shall take prompt action to repair the same. It is the Developers intent to protect property values within Nordic Ranches Subdivision through controlled private development. And, no private development shall be allowed to occur on any lot which through design, construction or maintenance might devalue adjoining properties. (8) GENERAL CONDITIONS AND RESTRICTIONS. No gas or oil drilling or mining, gravel operation or quarry operation of any kind shall be permitted on any lot; nor shall any offensive activity or condition be created or permitted to exist on any lot which may be or become an annoyance or nuisance to adjacent property owners. All trash and waste shall be kept in sanitary containers except upon written permission by the Developers and they shall not grant permission when it may be or becomes an annoyance to adjacent property owners. All lot owners within Nordic Ranches Subdivision are guaranteed the right to quarter, raise or pasture 1 and '/s grazing animals per acre of lot owned. The quartering, raising or pasturing of any other livestock shall be at the option of the lot owner unless: A. The quartering, raising or pasturing of said additional livestock can be shown to be damaging to the land through overgrazing or becomes objectionable to other property owners due to odor, noise or appearance. B. The quartering, raising or pasturing of the livestock is for commercial purposes or is for the purpose of feeding or boarding animals beyond the immediate needs of the property owners and their immediate family members. In such event that additional livestock on any lot should fall into either Category A or B above, then, upon written notice of the Governing Board or Homeowners Association, the property at fault shall promptly, within thirty (30) days of receipt of notice, remove the 0 S 704 objectionable livestock and not replace the same without written consent of the Governing Board or Homeowners Association. It is the intent of the Developers to allow owners the maximum degree of choice and flexibility of land use while retaining a means to control land usage should the necessity arise through the imprudence of a lot owner. In the event that a lot is used for the quartering, raising or pasturing of livestock of any kind, then the lot owner shall made adequate provision for the shelter, feeding, watering and proper maintenance of the same. And any appurtenances erected specifically for the care and maintenance of said animals shall be constructed only upon signed approval of the Governing Board or Homeowners Association and will be well maintained so as to not detract from the family residence and adjoining property. Dogs running at large within the area of the designated subdivision are hereby declared to be a public nuisance. Any dog running at large off of a lot owner's property may be impounded and transported to an animal shelter as approved by the Board. Any such animal that is impounded and transported by a designee of the Board shall be held by the animal shelter until all costs and fees of the boarding of the animal are paid by the owner. In the event the animal is released prior to the fees and costs being paid, the owner of the dog shall be responsible to the Board for all reasonable expenses, fees and costs incurred by the Board for impounding the animal. All costs of the impoundment, quarantine and testing on the dog shall be paid by the owner or custodian of the dog pursuant to this provision. Any dog which attacks any person in a vicious manner within the area of the designated subdivision may be taken and impounded by the designee of the Board and destroyed if it is found to be in the best interest of the residents of the subdivision. The dog owner and /or custodian of the dog shall be responsible for all costs of impounding and destroying the animal. In the event an animal is destroyed by the Board because of a vicious attach, the Board shall not be responsible for any damages associated with the destruction of the animal. The developer specifically adopts by corporation and reference any applicable animal or dog ordinances in the County of Lincoln, State of Wyoming, and may impound any animal that is found to have violated any Lincoln County ordinances or regulations. Any costs associated with the impoundment of the animal will be the responsibility of the dog owner and/or custodian. All garbage should be stored within sanitary containers until hauled from the premises. No outside burning of any material shall be allowed at any time of fire hazard or at times or in a manner likely to cause damage to vegetation or improvements on any other lot, or at any time or in any manner prohibited by the County of Lincoln. -8 (9 Should any lot owner elect to have horses or livestock animals as permitted in these covenants, then the owner of the same shall be required to construct fencing to contain said animals. A post and rail design shall be allowed. Post and rails may be constructed of wood, metal or vinyl so long as they are of a natural coloration. Other products and colors would be considered, but must be approved in advance by the Governing Board. Posts shall be of a five (5) foot height with three (3) or four (4) horizontal rails. Once, two or three strand(s) ofbarbed wire shall be allowed in conjunction with, but not as an alternative to, the horizontal rails. Fences shall be maintained in a good state of repair. Any other design of fencing, whether in height or style as for corrals, shall be constructed only upon consent of the Governing Board. Storage of vehicles, machinery and large toys shall either be within an enclosed shelter or in a neat and defined area rather than randomly. It is the Developers' desire that all lots within the Nordic Ranches Subdivision be well planned, constructed and maintained and that there should be made no waste thereof. It is intended that these Covenants, Conditions and Restrictions be of a protective nature rather than a prohibitive nature, protective both toward the investment of lot owners and toward the natural environment. Except for Lots 193 and 194 of Division No. 13, no lot shall be further subdivided, nor may any easement or other interest therein less than the whole be conveyed by the owner thereof (including any sub association) without the prior written approval of the Governing Board or the Homeowners Association; provided, however, that nothing herein shall be deemed to prevent or require the approval of the Governing Board or the Homeowners Association for the transfer or sale of any lot to more than one person to be held by them as tenants -in- common, joint tenants, tenants by the entirety or as community property. In the event that any one or more of the Covenants, Conditions or Restrictions herein set forth shall be held by any court of competent jurisdiction to be null or void, all remaining Covenants, Conditions or Restrictions set forth herein shall continue unimpaired, and remain in full force and effect. (10) AMENDING, CHANGING ORNULLIFICATION. Amending, changing or nullification of these Covenants will be solely at the discretion and the right of the Developers until such time as the Developers may elect to create a Homeowners Association. Any amendment, change or nullification of these Covenants shall be considered to be in effect from the time of recording and shall be applicable to all lots within this phase within Nordic Ranches Subdivision. 9 705 (11) DURATION OR TERMINATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. The foregoing Covenants, Conditions and Restrictions will terminate twenty -five (25) years from the date of recordation. However, the Governing Board or Homeowners Association if they so desire may extend the effective period as they desire. (12) This instrument of Covenants, Conditions and Restrictions shall be binding on Nordic Ranches Subdivision, Division No. 13. IN WITNESS WHEREOF, the .arties set their hand this 17 day of 11'1 41 2003. 7 7 LARENCE REINHART STATE OF WYOMING County of Lincoln On this 11 day of 1'1'Ia cc 2003, before me the undersigned, a Notary Public for Wyoming, personally appeared CLARENCE L. REINHART and G.B. EDWARDS, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `a 4.i.G= va1s?"; my .:'!q ;k:`y';r %:ic'i`j "GCi 'Ys^Yi i4+"'.c ,3c ';OoLtilty oi Stela of ���}777 t.' Len«osfn i '��s`�rd)G�" i89g 4 `th- iv -4 ry l�+ d.4 My Commission Expires: L:\MNIS\3598reinhart\nordic.ranch.ccr.wpd ss. 706 G.B. EDW S t p, Notary Public for the State ofd- W Yom; 1 Residing at Thayn OLrr wn 4�,� iv1 vlo3 Witness: Margo BOOK PR PAGE Document Prepared by: JAMES, LACEY When recorded return to: ABN AMRO MORTGAGE GROUP INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 Witness: T State of F County of DUVAL Not Public: Leslie Ann Hunley My Commission Expires: 07/01/2005 707 888679 Witness my hand and official seal on the date hereinabove set forth. 1 eW Vice Leslie v PU on DIP:4'' 10,1 4 Epp_ `.i yy°fi�e a RECEIVED LINCOLN COUNTY CLERK This space for Recorder's use only Loan 0001227068 Investor Loan 5910639199 Pool 003038 P114/Tax ID 34181910000400 Property Address: 2175 -DANA ST WY 83127- WYMRSD3 -4 8/6/02 MORTGAGE RELEASE, SATISFACTION, AND DISCHARGE IN CONSIDERATION of the payment and full satisfaction of all indebtedness secured by that certain Mortgage described below, ABN AMRO MORTGAGE GROUP INC., A DELAWARE CORPORATION, whose address is 7159 Corklan Drive, Jacksonville, FL 35528eing.the present legal owner of said indebtedness and thereby entitled and authorized to receive said payment, does hereby release, satisfy, and discharge said Mortgage in full and does hereby consent that the same be canceled and discharged of record. Original Mortgagor(s): JAMES F ALTMAN AND JANICE M ALTMAN, HUSBAND AND WIFE Original Mortgagee: NORWEST MORTGAGE, INC. Loan Amount: $39,444.00 Date of Mortgage: 02/14/1992 Date Recorded: 02/20/1992 Volume: 307PR Page: 244 Instrument Number: Legal Description: S1 /2SE1 /4SW1 /4 OF SECTION 19, T34N, R118W, OF THE 6TH P.M.. LINCOLN COUNTY, WYOMING, TOGETHER WITH A RIGHT -OF -WAY EASEMENT FOR A ROADWAY OVER, ACROSS AND ALONG THE EAST 30 FEET OF THE W1 /2W1/2NE1/4 AND THE WEST 30 FEET OF THE E1 /2W1 /2NE1 /4. and recorded in the records of LINCOLN County, State of Wyoming affecting Real Property and more particularly described on said Mortgage referred to herein. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed on 3/11/03. Iris Torres Assistant Vice President On this date of 3/11/03, before me, the undersigned authority, a Notary Public duly commissioned, qualified and acting within and for the aforementioned State, personally appeared the within named Sue Wagers and Iris Torres, known to me (or identified to me on the basis of satisfactory evidence) that they are the Vice President and Assistant Vice President respectively of ABN AMRO MORTGAGE GROUP INC., A DELAWARE CORPORATION, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on behalf of said corporation, and that said corporation executed the same, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.