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HomeMy WebLinkAbout898565 COURTESY RECORDING This document is being recorded 552. so e,y,sa ./ c0urlesy and ~,q~mmodaIion Io lne parIieS R E C ~a~q T¢~ ~. H~ re by CREEK RA' ~f¢~sibiliW or liabili~ for SOUTH DELL 0h ¢~p~~.~r~y REVISE~~A~TION OF COVEN~¢~N~I~NS & SERVITUDES This declaration made on the 7th day of November 2003, by Carol Holdeman, Alton and Sue Anker, and Ray Hunold, hereinafter referred to as Original Declarants". The "revised" portions are in Italics. WITNESSETH: Original Declarants are the original purchasers of certain rea property in the unincorporated area of the County of Lincoln, State of Wyoming, described in Exhibit "A", hereinafter referred to as "the property", and made a part hereof; and WHEREAS, it is the desire and intention of the Declarants to 'repose mutually beneficial restrictions under a general plan of improvement for the benefit of all said lands and the future owner of those lands; and The property will convey subject to certain protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth: NOW, THEREFORE, Declarants hereby declare that all of the property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following easements, restrictions, covenants, and conditions, all of which are for the purpose of enhancing and protecting tl~e value, desirability and attractiveness of the real property. These easements, covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquinng any right; title or interest in the described property or any part thereof, and shall inure to the benefit of all the lands in said property description and the future owners of those lands. ARCHITECTURAL CONTROL No building, fence, structural wall or other structure shall be commenced, erected or maintained upon the property, nor shall any exterior to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height and materials of the same shall have been submitted to and approved in writing, as to harmony of external design in relation to surrounding structures and topography by the Declarants, and said work shall not commence unless the Declarants shall endorse said plans as being in compliance with these covenants and as being otherwise approved. Declarants may designate who may sign. Upon the death of the Declarants, the heirs will not assume this position. The remaining property owners shall elect a property owner to fill the position when the original Declarants fall below three. PROTECTIVE COVENANTS No residential structure having a floor area of less than 800 square feet, not including open porches, patios and garages, shall be erected or placed on the property. No building may be built with tarpaper or roll roofing. No shiny metal roofs; however, colored metal roofs are encouraged. No visible exterior covering of cement, cinder' block or unpainted metal. Rustic or Icg design is encouraged to blend with the natural surroundings. All structures must be of new construction. No secondhand houses or buildings to be moved in. No mobile homes or modular housing will be 'allowed. Tents and/or tents with a platform-floor shall be allowed; however, said tents shall be located up in the trees so as not to be visible to other property owners. RV's and camp trailers may be located on property as long as the owner has same in temporary use; however, any stored vehicle or camp vehicle would be placed under proper cover or garage or hidden from view so as not to be visible to other property owners. No junk cars, trailers, or other vehicles are to be maintained on the property in visible sight to other property owners. At such time as a permanent dwelling house is built upon said property each owner shall be required to construct underground sanitation facilities ~n conformity with the laws of the State of Wyoming, and the same shall be placed upon the property so as not to create any unsafe conditions, or create any nuisance to other property owners. Any outside temporary toilet shall be fully screened from all other property owners and shall also not create any unsafe conditions or nuisance to other property owners. ,8. No derrick or other structure designed for use in boring, mining or quarrying for water, oil, or natural gas or precious mineral shall be maintained or permitted except for the purpose of drilling a well for water for the personal use of the owner of said property. However, a windmill for the purpose of pulling water would be permissible. No commercial activity including mercantile, manufacturing, mechanical or trade business, or business establishment of any nature shall be maintained except agricultural pursuits shall be permitted. An office in the home would be permitted as long as it does not create a nuisance to other property own'ers. A total of six of any combination of livestock animals shall be permitted so long as they are well fenced and any shelter provided such as barns, etc. shall conform and blend with the dwelling. No animals including dogs shall create any nuisance to other property owners or neighbors. No owner shall allow debris, trash, rubbish or any material of unsightly appearance to remain upon the property. No open burning of brush or trash allowed because of possible fire hazard. No noxious or offensive activity shall be carried on 'upon the property nor shall anything be dOne thereon that may be or become an annoyance or nuisance to other property owners. It is the desire of .all of the property owners to have peace and quiet without being disturbed. After the commencement 0f construction of any building, structure, fence or wall permitted hereby to be constructed, the same shall be prosecuted to completion with reasonable diligence. All fences shall be constructed so as not to impede the movement of wildlife through the property. 10. Notwithstanding any laws of the United States of American or of the State of Wyoming, no owner,' members of his family, or guests, shall at any time attempt the killing or capturing of any wild animals or wild birds upon the property. 11. No explosives, guns, firecrackers, or other noise-making devices shall be discharged upon the property. All vehicles must stay on designated roads and not be allowed to damage the terrain. Only exception will be to install fencing. 1'2. The elevation of a parcel, or any portion thereof, shall not be changed so as to materially affect the surface elevations or grade of surrounding parcels. No timber, rock, gravel, clay or other material shall be removed from the property except that it may be used by the owner to develop the parcel. 13. The property should remain in, as much of a natural state as possible to maintain harmony of the environment. All roads or driveways shall be constructed as far as possible to conform to the topography of the land. Any damage to Dell Creek Road, South Dell Creek Road and/or the original main infrastructure of utilities and/or the waterways by the installation of a private driveway and/or construction of a property owner's home or improvements shall be repaired at the cost of and by the property owner that causes said damage. These parcels may not be further divided and may only have one single family residence. Parcel 7,8,9, &10 (also known as South Dell Creek Tracts 1,2,3 &4-the five acre parcels in front) may only have one single-family residence except that these parcels may have a guesthouse with no kitchen facilitieS. All barns and out buildings shall conform in harmony with residence. 14. Pursuant to the recorded plot map of the property, there are reserved by the Declarants for their benefit and the benefit of all fUture owners of said property the following easements: A roadway easement (as more specifically described in a document known as Dell Creek Ranches Road Easement recorded on April 19, 1995 which is attached to and runs with Tract 1 and 2) for the private use of Lots !,2,3,4,5, and 6 for the purpose of ingress and egress, being a roadway of sixty feet in width in accordance with the requirements of LinColn County, Wyoming. Such roadway will not be maintained by Lincoln County, Wyoming, or by any other public entity. It will be the responsibility of the owners of the property to develop a mechanism by which said roadway can be maintained for the benefit of the owners of these lots. No parking of vehicles in this easement shall be allowed nor shall any owner and/or their guests park on the land of another owner except with that owner's permission. There is no right given or implied that will accommodate the property owners of these parcels to use the road easement past the gate of the property owners to the east to the forest service or elk refuge. Permission must be granted on an individual basis by each and every prOperty owner to cross their land. There is hereby reserved from each 10t and the owner thereof an easement for the installation and maintenance of all types of utilities and draining facilities, together with reasonable rights of access to said easement. All utilities to be installed to any residence or building underground. Any or all of these covenants set forth herein may be amended, suspended, added to, or revoked and invalidated by the affirmative vote of the owners of 75 percent of the property described in the 239 acres of the Dell Creek Ranch original purchase. Such changes shall become effective when a writing reflecting such change or changes in these covenants or servitudes as voted on and affirmed by the 75% of the property owners. It will then be signed by the Declarants and properly recorded in the public records of Lincoln County, Wyoming. These Covenants, Conditions, Restrictions and Servitudes AKA CC&RS set forth above, or hereinafter amended or changed, shall be binding, valid and effective until January 1, 2041 and will have automatic renewals of 10 year intervals unless amended by 75 percent of the property owners. 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 Declarants or their successors in interest or by any affected property owner and such remedy shall be deemed cumulative and not exclusive. Invalidation of any one of these covenants, conditions, restrictions, reservations and servitudes by judgment or court order shall not be deemed to affect other provisions of this declaration which shall remain in full force and effect. 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 504 Subsequent owner of said property shall be bound by the said conditions, etc. whether obtained by foreclosure or at a trustee sale or otherwise. Each and all said conditions, covenants, reservations and servitudes is and are for the benefit of each owner of land or any interest therein in the said property, and each thereof Shall inure to and pass with each and every parcel of said property, and shall apply tO and bind the respective successors in interest. Each grantee of any part or portion of said property by acceptance of a deed incorporating by reference this declaration accepts the same, subject to all such restrictions, conditions, covenants reservations, servitudes, liens and charges now or hereafter imposed Any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, etc. Failure to enforce any condition, etc. shal in no event be deemed a waiver of the right to do so thereafter. 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 Declarants and the owners. These "Revised" Covenants, Conditions, Restrictions and Servitudes hereby forever replace previous recorded documents placed into the record on March 22, 1991 in Book 295PR, Page 97, Kemmerer, Wyo, No. 730097. IN WITNESS HEREOF we, the Declarants, have executed this Declaration this 7~ day of November 2003. CAROL HOLDEMAN N,A¥~IOND P. 'HUNOLD STATE OF NEVADA) ALTON ANKER SUE ANKER · ss. COUNTY OF-E JGLAS) _. On this '--~-L--h day of rkltOV¢__.//~ J~(~¢ ¢.~OE)3, before me, the undersigned, a Notary Public, in and for said County and StAte, personally appeared Carol Holdeman, Alton Anker, Sue Anker and Who duly acknowledged to me that they executed the within instrument freely and voluntarily and for the uses and purposes therein mentioned. WITNESS my hand and official seal. NOTARY PUBLIC in and for said County and State. My commission expires: 4 ~ ~ NO:I'ARY PuBLIc ~ ~'.~ STATE OF NEVADA ~ ~ County of Carson City ~ No.O~"~W~, RENEI~ FREDERICK ~;~. My. ~ppointment Expires Aug usl 12, 2006 ~. ~ . ~ . ~:-~_ ~,~ , To be attached to Revised CC&P.'s "South Dell Creek Ranches" State of Nevada County of Carson City This instrument was acknowledged before me on Notarial Officer NOTARY PUBLIC - STATE OF NEVADA County of Carson City RENEI~ FREDERICK No, 02-T/0&I-~ My Appointment Expires August 12, 2006 EXHIBIT "A" LEGAL DESCRIPTIOI DELL CREEK RANCHES TRACT I A portion of a land division map previously recorded as "PARCEL #7 (HOLDEMANIANKERIHUNOLD) in Book 2tt;2PR Page 158 Document NO. 726065 on November 26, 1990. AS RECORDED AS A SUBDIVISION MAP KNOWN AS DELL CREEK RANCHES ON MARCH 22, 1991. DOCUMENT 730096 BY LINCOLN COUNTY CLERK. THIS PARCEL BEING KNOWN AS "TRACT 1" ON SAID MAP. A parcel of I~nd In the S 1/2 of Section 15, T36N, R'I 19W, 6th P.M. Lincoln County, Wyoming, more particularly d~scdbed as follows: Commencing at the section corner common to Sections 14, 15, 22, 23: thence N89 degrees57'53"W. 2333.17 feet to the true point of beginning; thence NO2degrees21'43.4"E, 1315.94 feet; thence N87degrees17'40.3'%q, 660.34 feet more or less to the easterly right-of-way of Highway 89; thence SO2degreesZ0'25"W along the highway right -of way 1346.19 feet to the south line of Section 15, said point marked by a 3" brass cap also being a corner of Aspen Hills Subdivision; thence S89degrees52'47.5"E, 348.56 feet ~o the S '114 corner of Section 15; thence S89degrees57'53"E, 311.7'8 I'eet more or less to the true point of beginning. Said parcel known as "Parcel #7" contains 20.17 acres more or less. Tract I contains 4.75 Acres more or less. Said parcel subject to the following described access easement: A 60-foot easement being 30 feet either side of the following described centerline: commencing at the S 114 corner of Section 15; thence N89degrees52~47.5"W, 34~.56 feet; thence NO2degrees20'25"E, 951.03 feet more or ~ess to the point of beginning, said point being olt the westaHy boundary of said parcel and easterly right-of-way line of Highway 89; thence N78degrees45'lT"E, 679,24 feel to a point on the easterly boundary of said parcel. This is an exclusive private easemen! known as Dell Creek Road for Parcels 1, 2, 3, 4, 5 & 6 of the land dlvislon map lying due east of Tract 1 & 2 and for Tract 1 & Z only for access. A 50' drainage easement as described on same said map. A 10' Utility easement on the most westerly boundary, Covenants, Conditions & Restrictions dated 7~ day of November, 2003. EXHIBIT "A" LEGAL DESCRIPTION DELL CREEK RANCHES TRACT 2 A portion of a land division map previously recorded as "PARCEL//7 (HOLDEMAN/ANKER/HUNOLD) in Book 292PRPage 158 Document NO. 726065 on November 26, 1990. AS RECORDED AS A SUBDIVISION MAP KNOWN AS DELL CREEK RANCHES ON MARCH :22, 1991. DOCUMENT 730096 BY LINCOLN COUNTY CLERK, THIS PARCEL BEING KNOWN AS "TRACT 2" ON SAID MAP. A parcel of land in the S 112 of Section 15, T36N, R119W, 6th P.M. Lincoln County, Wyoming, more particularly described as follows: Commencing at the section cornel' common to Sections 14, 15, 22, 23: thence N89 degrees57'53"W, 2333.17 feet to the true point of beginning; thence NO2degrees21'4.3.4"E, 1315.94 feet; thence N87degrees17'40.3"W, 660.34 feet more or Jess to the easterly right-of-way of Highway 89; Ihence SO2degrees20'25"W along the highway right -of way 1346.19 feet to the south line of Section 15, said point marked by a 3" brass cap also being a corner of Aspen Hills Subdivision; thence S89degrees52'47.5"E, 348.56 feet to theS 1/4 corner ol~ Section 15; thenceS89degrees57'53"E, 311.78 feet more or less to the lrue point of beginning. Said parcel known as "Parcel #7" contains 20.17 acres more or less, Tract 2 contains 5.42 Acres more or less, Said parcel subject to ihe following described access easement: A 60-foot easement being 30 feet either side of the following described centerline: commencing at the S 1/4 comer of Section 15; thence N89degrees52'47.5"W, 348.56 feet; thence NO2degrees20'25"E, 951.03 feet more or less to the point of beginning, said point being on tile westerly boundary o~ said parcel and easterly right-of-way line of Highway 89; thence N78degrees45'lT"E, 679.24 feet to a poinl on Ihe easterly boundary of said parcel. This is an exclusive private easement known as Dell Creek Road for Parcels 1, 2, 3, 4, 5 & 6 of the land division map lying due east of Tract 1 & 2 and for Tract :1 & 2 only for access. An easement of record on above recorded subdivision map for South Dell Creek Road of 30' on the most westerly boundary of said property for access.and utilities easement [or Tracl 2, 3, & 4, A 60' drainage easement as described on same said map. Reserving a garage easement or' 80'x80' in the Northeast corner of Tract 2. ]'his is an exclusive private easement for Parcels 1, 2 and 3 to the east of Trac[ 2 only for the sole purpose of building a garage for storag~e to be shared equally by the owners of Parcel 1 (Holdernan), Parcel 2 (Anker) and Parcel 3 (Hunold) only. Covenants, Conditions & Restrictions dated 7m day of November, 2003. EXHIBIT "A" LEGAL DESCRIPTION DELL CREEK RANCHES TRACT 3 A portion of a land division map previously recorded as "PARCEL #7 (HOLDEMANIANKER/HUNOLD) in Book 292PR Page 158 Document NO. 726065 on November 26, 1990. AS RECORDED AS A SUEIDIVISION MAP KNOWN AS DELL CREEK RANCHES ON MARCH 22, 1991. DOCUMENT 730096 BY LINCOLN COUNTY CLERK. THIS PARCEL BEING KNOWN AS "TRACT 3" ON SAID MAP. A parcel of land in the S 112 of Section 1 5, T36N, [=,1 ;gw, 6th P.M. Lincoln County, Wyoming, more particularly described as follows: Commencing at the section corner common to Sections 14, 15, 22, 23: thence N89 degrees57'53"W, 2333.17 feet to the true point of beginning; thence NO2degrees21'43.4"E, 1315.94 feet; thence N87degrees17'40.3"W, 660.34 feet more or less to the easterly right-of-way of Highway 89; thence SO2degrees20'25"W along the highway right -of way 1346.19 feet to the south line of Section 15, said point marked by a 3" brass cap also being a corner of Aspen Hills Subdivision; thence S89degrees52'47.5"E, 348.56 feet to the S 1/4 corner of Section 15; thence S89degrees57'53"E, 3'11.78 feet more or less to the true point of beginning. Said parcel known as "Parcel #7" contains 20,17 acres more or less. Tract 3 contains 5.00 Acres more or less. Said parcel subject to the following described easements: An easement of record on above recorded subdivision map for South Dell Creek Road of 30' on the most westerly boundary of said property for access and utilities easement for Tract 3 and 4. A 50' drainage easement as described on same said map. A 10' Utility easement on the most southern boundary bordering Tract 4. Covenants, Conditions & Restrictions dated 7* day of November, 2003. EXHIBIT "A"' DELL CREEK RANCHES TRACT 4 A portion of a land division map pre'vlousl¥ recorded as, '"PARCEL #7 (HOLDEMAN/ANKER/HUNOLD) in Book 292PR Page '158 Document NO. 726055 on ~/ovember 2,6, ~990. AS RECORDED AS A SUBDIVISION MAP KNOWN AS DELL CREEK RANCHES ON MARCH 22, '1991. DOCUMENT 730095 BY LINCOLN COUNTY CLERK. THIS PARCEl. gEING KNOWN AS "TRACT 4" ON SAID MAP, A parcel of land in the S 1/2 of Sectiol'l 15, 'i'36N, R~leW, 6th P.M. Lincohl County, Wyoming, more particularly described as follows: Commencing at the section corner common to Sections 14, 15, 22, 23: thence N89 degrees57'53"W, 23;33.17 feet to the true point of beginning; thence NO2degree.s21,43.4..E, 1315.94 feet; thence N87degrees17'40.3-W, 660,34 feet mor~ or less to the easterly right-of-way of Highway 89; thence SO2degrees20'25,,W along the highway right -of way 1346.19 feet 'to the south line of Section 15, said point marked by a 3" brass cap also bei~]g a corner of Aspen Hills Subdivision; thence S89degrees52'4?.5,,E, 348.56 feet to the S 1/4 corner of Section 15; thence - S89degrees57'53"E, 311.78 feet more or less to the true point of beginnii~g. Said parcel known as "Parcei #7" coi~taJns 20,17 acres more or less. Tracl 4 contains 5.00 Acres more or less, Said parcel subject ~o the following described easements: An easement of record on above recorded subdivision map for South Dell Creek Road of 30' on the most westerly bounclary of said property for' access and ~ti~ities easement for Tract 4. · A 50' drainage easement as described on same said map. A 10' Utilities easement on the most northern boundary bOrderi~g Tract 3. Covenants, Conditions & Restrictions dated 7a day of November, 2003.