Loading...
HomeMy WebLinkAbout875273 NORDIC RANCHES "' -, I LERk RESTRICTIONS ..... FOR DIVISIONS NO. ]0 STATE OF ~YOM~G ) S.S.' CO~TY O~ LrSCOLN .~EREAS, Reinha~-~dwards L.L.C. are the sole owners ~n common of Nordic Ranches as the same appears as pa~ of that described in the notice of Purchasers Interest of record ~n the office of the Clerk of Lincoln County and as described and shown on the pint of record Jn the s~d office for the Nordic Ranches D~visions No. WHEREAS, the undersigned desires to place certain Covenantsl Conditions, a'nd Restrictions on said Ranches in Lincoln County, Wyoming, for the benefit and. protection of the undersigned arr~d 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 mn with the land through subsequent transactions. NOW, THEREFORE, KNOW ALL MEN BY THESE ?RESENT that all lots in Nordic Ranches Subdivision, including alt phases, above described are subject to the following listed Covenants, Conditions, And Restrictions, to-wit: (1) GOVERNING BOARD Clarence L. Reinha~, Dorothy ~. Reinhart, and Gane~le.B. 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 enrichment singularly or concurrently, directly Or through an ~appo~nted representative, they shall be in writing (2 copies) and s~gr~ed by each ow~er favoring the stated proposals or suggestions. A decision shal~ be rendered and returned within 90 days and said decision shall be binding in the future to aU parties as a reaffirmation or a change to our Covenants, Conditions, and Restrictions. A change to our Covenants, Conditions, and Restrictions may occur °nly as a resuIt of approval by a simple.majority of lot owners based on one vote per lot Owned. ]ft is the express wish of the developers that Nordic Ranches Subdivision remain a low density, residential development with a primary concern for ma,:ntaining environmental quality. At such time as the develOPers are no longer the majority property owners in Nordic Ranches Subdivisions, all phases, then the developers may, at their discretion, establish a Home Owner's Association based on voting rights of 1 (one) vote per lot owned within Nordic Ranches Subdivisions, all phases. HOWEVER, until such time as the Governing Board may establish an Owner's Association, regular appointed meetings of the Board may not be an occurrence unless such meetings may be specifically requested by property owners within Nordic Ranches Subdivision. (2) ROADWAYS The developers shall provide private roadway access to all Jots within Nordic Ranches Subdivisions No. 10, al! phases. Roadways provided by the developers, though private, shall be constructed to meet county standards at fne date of approval. Maintenances of those roadways provided by the developers shal~ be at the d~scretion of the developers based on usage requiremen~ of lot owners serviced by said roadways. Snow removal from privateroads constructed by the developers shat~ b.e at discretion and expense of lot owners served by said roadWays. ' Should l~ot owners so e~ec~ to maintain said private roads free of snow, then they shall do so in a manner so as to no~ create a hazard or damage to the developer's 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 ful~ lot seeded with appropriate grasses. This shall include area of 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, 'shal~ be considered to be permanent easements. Easements shall be of the length, width, and circumference as described on the final p~at of Nordic Ranches Subdivision. .. Driveways from the private roadways or cu-de-sacs shall'be constructed and maintained solely at ~he expense of the individual lot owner. Said driveways shall be constructed o~ly after written approva~ of the Governing Board upon submission of sight plans. Driveways shaIl be constructed in such a manner as to not create a hazard of damage to ,, adjacent proper~y owners or roadways t.h.rough dust or drainage. (3) DOMESTIC WATER Water will be provided by deep wells located w~th~r~ ~he subdivision. D~stfibution of water from sa~d wells shall be constructed by the developer to the lot lines. Hook-up shall be at the owners expense. Hook-up fee which will ~ndude meter pit and meter must be paid to Nordic Ranches Water Association a~ time of purchase. Rates will be provided by the Water Association. Each consumer shall be bil~ed for the water used, proportionate share according to usage of ~he costs of'repair, 2 67 5 electrical, and other maintenance costs that must be apportioned out to the shared usage. Water that is from these wells are 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 shai1 not be for use in irrigation nor for the filling of artificial streams, lakes, or ponds as may be constructed by the owners. Should owners, .~t a future time choose to, at their own expense, and as pemfitted by county, state, and federal regulations, construct any separate water system, NO allowance will be made for their non-usage of the system. Whereas, Reinhart-Edwards L.L.C., 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 underst~md that the wells and distribution systems placed in service or to be placed in service by the developer shall (upon sale by developers o£Nordic Ranches, al~ phases) become the undivided property of the ~ot owners of record, their heirs and assigns. At such time as all lots are sold in all of Nordic Ranches 'Subdivision ail .phases, said subdivision wells and distribution systems shall automatically revert to the ~ot owners who shall upon such occurrence and at such time, from either a homeowners association or a well and water distr/bution association to then service, maititain, repair, and[ manage such wel~s and distribution systems. Upon such occurrence (the sate of al[1 lots wkhin ail 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 developer sha~l not have further responsibil~ty for the maintenance, upkeep and/or servicing of such 'wells and distribution system and shall under no circumstances be held liable for same. This shall be binding on 'Nordic Ranches Subdivision~ all phases, and all individual lot owners who purchase from the developer as well as subsequent individual lot owners who shall purchase the remaining lots in Nordic Ranches Subdivisi0ns, a~[ phases and including all future.phases. (4) ELECTRICITY AND TELE?HONE These services shall be provided by the developer to the lot line. Any costs of the required improvements will be borne by the lot owner. ~ All repair from within the lot distr/bution as well as the instalNfion shall be at the ,respoasibitity of the lot owner. These will be constructed in agreement between tl,~e co~sumer and the public utilities companies. There sha~l be a~owed no above groui~d transmission lines of any nature upor~ lots within the Nordic Ranches Subdivision. (5) ASSESSMENTS Assessments shall be made from time to time upon each tot within Nordic Ranches Subdivision. Assessments shall be made by the Governing Board or Home Owners Associati0n, whichever is in force at the time of assessments, and shall be 3 collected as £~r reimbursement £or se~ices rendered. In the eYent t~at assessments should exceed actual cost of services, the additional monies may be equitably redisbursed 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 l[ot owned) deem certain improvements necessary within Nordic Ranches £ubdivision which may enha~ce the quality and/or property value of all lots within said subdivision, then said improvements shall be deemed as cost assessable to al! lot owners on a per lot basis. Shordd certain services or improvements be made to one Jot owner and nof~ another, the owner/owners served shall be assessed separately. A. Roadways shall be assessed for in general to each lot s~rved by said roadway for any maintenance as may be provided by the Governing Board or Association. B. Wa~er sha~l be assessed for each lot served, to be determined by galkms used as indicated on separate water meters. The price per gallon shai~ 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 we~ls~ 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 ~ntent of the developers to use the above stated assessments for personai 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 presen~ and future lo~ owners, t~e~r heirs ~nd 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 Ranch " Subdivisions shall be considered as ~egal and reasonable cost to specified lot owners. .,. 'And it is understood that ~ot 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 stmuld such assessments not be premptty pai, d, then the Governing Board or Home Owners Association reserves the right to charge interest on the unpaid balances due at a maximum legal rote of interest or may elect to discontinue service for which reimbursement has not been made. Under no circumstance shall the Governing Board or Home Owners Association be required to make or provide services, maintenance or improvements within Nordic Ranches Subdivision free of charge to lot owner or owners. 4 (6) Every owner shall have anght and an easement of enjoyment in and to the roads and forest access, areas and such easement shall be appurtenant to the respective 10t 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 right-of-ways to all or any part of the roads of forest access areas to any public agency, authority, or utility for such purposes as the Developer or Declarant deems in his sole discretion, beneficial to the proper~y and lots so long as such dedication or transfer does not unreasonably interfere with the owners fight to ingress or egress to and from his lot or forest access areas and the enjoyment thereof. (7) BUILDING AND STRUCTURAL IMPROVEMENTS Ail lots with Nordic Ranches Subdivision are limited to not more than one single family dwelling and not more than 4 (four) additional, detached secondary structures 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 (1000) square feet on the main floor unless the house is a split entry and in that case a minimum of eight hundred (800) square feet of living area is required or inthe case of a split entry each level With a minimum of ~o 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 or Home Owner's 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 effor~ ~o be fair, would on a case by case do an evaluation on a submitted design or plans and if they fe~t they would meet the cxSter~a, could give permission for building. The Board's dec~sion 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 flue construction phase oflhe single family dwelling. Upon completion of the construction or lapse of twelve (] 2) 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 of the permitted single family ~dwe]l~ng 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 traiier. Any additional storage should be housed in a permanent shed for that purpose. No manufacturing, commercial, or business operation other than arts crafts, or professions operated solely by members of the family actually.occupying the residence shall be conducted on any lot: no advertising other than a temporary sign no exceeding fifteen (15} inches by twer~ty-~ve (25} inches shall be exhibited on any ~ot: 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 dr 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 objectionable by adjoining property owners. It is further the desire of the Develtopers that the structures on any one lot show a degree of harmony to one maother both in styling and in color. Any building permitted to be constructed within Nordic Ranches Subdi~visior~ shall have exterior construction completed in not less than twelve.(12} months from time of beginning. Interior completion shal~ be at the option of the owner. No structures on any lot, where residential or outbuilding shall be permitted to be in a state of d~srepair. All structures sha~l be properly maintained as any prudent property owner would normally do. Should the Governing Board or Home ©wner's Association find a lot or structure thereon to be objectionable due to disrepair, disorderUness, or disregard the owner of the sa~d lot or structure shall take prompt action to repair the same. It is the Developers intent ~o protect property values within Nordic Ranches Subdivision t~n'ough controlled private development. And, no private development strait be allowed to occur on any 10t which through design construction, or maintenance might devalue adjoining properties. (8) GENERAL CONDITIONS AND '-adESTRICTIONS No gas or oil drilling or min.~ng~ gravel operation or quarry operation of any kind shal~ be permitted on any ][ot; nor sl~al.~ any offensive activity or condition be created or permitted to exist on any lot which · maybe or become an annoyance or nuisance to adjacent property owners. Al~ 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 ½ grazing animals per acre ofiot owned. The quartering, raising, or pasturing of any other livestock shall be at the option of the tot owner unless: 6 A. The quartering, raising, or pasturing of said additional livestock can be shown to be damaging to the land through overgrazing or becomes obj ectionable 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 owner and their immediate family members. In such event that additional livestock on any lot should fail into either category A or B above~ then~ upon written notice of the Governing Board of Home Owner's Association, the property owner at fault shall promptly, within 30 days of receipt of notice, remove the objecti0nal livestock and not replace the same without Written consent of the Governing Board or Home Owner's Association. It is the intent of the Developers to allow owners the maximum degree of choice and flexibility of land use white retaining a means to control [emd usage should the necessity arise through the imprudence ora lot owner. In the event that a lot ~s used for the quartering, raising, or pasturing of ~ivestock of any kind then tine tot owner shall make adequate provision for the shelter, feeding, watering and'proper m~inte~ance of the same. And any appurtenances erected specifically for the care. and maintenance of said mfimals shall be constructed only upon signed approva~ of the Governing Board or Home Owner's Association and will be well maintained so as to not detract from the lhmily residence and ~djoining property. No lot shall be resUbdivided. All garbage shall be stored sithin sanitary containers until hauled from.the premises. No outside burning of any material shal~ be allowed at any time of fire hazard or at times or in a mariner likely to cause damage to vegetation or improvements on any other lot, or at any t~me or in any manner prohibited by the CounW of Lincoln. 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 comain said animals. A post and rail design shalt be allowed. ?ost and rails may be constructed of wood, metal or vinyl so Iong as they are ora natural coloration. Other products and colors would be considered, but must be approved in advance by the Governing Board. ?osts sha~l be ora five (5) foot height with three (3) or four (4) horizontal rails. One, two, or fl~ree strand(s) of barbed wire shal~ be alIowed in conjunction with, but not as mt a~ternate to the horizontal rails, i?ences 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 for 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. 7 It is the Developers desire that all 16ts with the Nordic Ranches Subdivision be well planned, constructed, and maintained and that there shouid be made no waste thereof. It is intended that these Covenants, Conditions, and Restr/cdons be of a protective nature rather than a prohibitive nature, protective both toward the investment of lot owners and toward the natural environment. (9) IN the event that any one or more of the Covenants, Conditions, or Resections herein set forth shall be held by any court of competent jurisdiction to be nui~ or void, all remaining Covenants, Conditions, and Restrictions set forth herein shall continue unimpaired, and remain in ful~ force and effect. (10) A~M. ENDING~ CHANGING~ OR NULLIFICATION ofth~se Covenants wil~ be solely at the discretion and the fight of the Developers until such time as the Developers m~y elect to create a Home Owner's Association. Any amendment, change or nullificatiort of these Covenants shall be considered to be ~n effect from the time of recording an shall be applicable to all lots Within this phase within Nordic Ranches Subdivision° '(1 ~) DURATION OR TERMINATION OF C©VENANTS~ CONDITI©NS~ AND RESTRICTIONS.. The foregoing C~venants, Conditions, and Restrictions wil;[ terminate twenty-five (25) years from the date of recordation. However, the Governing Board or Home Owner's Association if they st) desire, may extend the effective period as they desire° (][2) This ~nstrument of Covenar~ts, Conditions, and Restrictions sha~l be bfinding on Nordic Ranches Subdivision, Divisions No. 10. WITNESS ~EREOF, THE P~TIES SET THEIR HAND THIS / q DAY OF ,2001. / ..... -. ~- ,. ,, Clarence L.~emha~ D ....... G~nelle B. ~dward~ STATE OF L,O i/,2 ) · )s.s. County of On this . ] 4 day of }q-a~:pr , 2001, before me~ the undersigned, a Notary Public in and for said State, personally appeared Clarence L. Reinhart and Ganelle B. Edwards, known to me or identified to me to be the persons whose names are subscribed to the within i, nstrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, ~ have hereunto set my hand and affixed my official seal the day and year first above written. 9