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HomeMy WebLinkAbout875281 NORDIC RANCHES COVENANTSi CONDITIONS AND RESTRICTIONS ' e..Jl 1%) FOR DIVIS][ONS NO. 11 STATE OF ~OM~G ) ) S.S. ' CO~TY OF L~COLN ) .~ c... ~' ' ~EREAS, Clarence L. Reinh~ md Dorothy I. Reinha~ are the sole owners ~n Nordic Ranches as the same appears as pa~ of that described m the not2ce of Purc~hs-e~s Iat~resD of record in the office of the Clerk of Lincoln County and as described and shown'6n4he ~t record ~n the said office for the Nordic Ranches Divisions No. 11. ~E~AS, the undersigned desires to place certain Covenants,' Conditions, and sa~d Ranches ~n L~ncoln County, Wyoming, for the benefit and protection of the undersigned those purchasing lo~s w2h~n 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. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT that all lots in Nordic Ranches Subdivision, including all phases, above described are subject to the following listed Covenants, Conditions. And Restrictions, to-w~t: (1) GOVERNING BOARD Clarence L. Reinhart, Dorothy I. Reinhart, and Ganelle 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 thek health, safety, . ,welfare, or residential 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 fhture to all parties as a reaffirmation ora 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 based on one vote per lot owned. It is the express wish of 70'! 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 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 lots within Nordic Ranches Subdivisions No. 1 ~, all phases. Roadways Provided by the developers, though private, shall be constructed to meet county standards at the date of approval. Maintenances of those roadways provided by the developers shall be at the discretion of the developers based on usage requirement of' ~ot owners serviced by sa~d roadways. Snow removal from private iroads constructed by the developers shal~ 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 shal: do so in a mariner so as to not 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 fs~ll lot seeded wi~h appropriate grasses. This sha~l include area of lo~ withi~a that pa~r~ of l[o~ covered by roadway easements. ?fivate roadways constn~cted by developers, as shown on the final plats of Nordic Ranches Subdivision, shall be considered to be permanent easements. Easements shall be of the 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 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 o£ damage to adjacent property owners or roadways through dust or drainage. (3) DOMESTIC WATER Wa~er will be provided by deep wells located w~thin the subdivision. Distribution of water from said wells shall be constructed by the developer to the lot lines. Hook-up shall be at the owners expense. 7.qook-up fee which will include meter pit and meter must be paid to Nordic Ranches Wa:er Association at time of purchase. Rates will be provided by the Water Association. Each consumer shall be 2 billed for the water used, prOportionate share according to usage of the costs of repair, 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 shall not be for use in irrigation nor for the filling of artificial streams, lakes, or ponds as may be constructed lk>y the lot owners. Should owners at a future time choose to, at their own expense, and as penmitted by coue~ty, 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 ][. 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 distr/bution systems placed in service or to be placed in service by the developer shall (upon sale by developers of Nordic Ranches, all phases) become the undivided property of the lot owners of. record, their he~rs 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 distr/bution 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 distributimt System shall be that of the lot owners, their heirs and assigns at which point the developer shall not have further responsibility for the maintenance, upkeep and/or servicing of such wells and distribution system and shall under no circumstances be heid 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 ~ot owners who shall purchase the remaining lots in Nordic Ranches Subdivisions, all phases and including all future phases. ARRIGATI©N RIGHTS IN DIVISIONS NO. 11 In accordance with the Irrigation Company guidelines, 33 irrigation heads are alkowed on each 40 acres comprising Nordic Ranches, Div. 1 ~. Under these guidelines, each lot owner is allowed ~ 1.5 g.p.m. Flow for outside irrigation. Two inch pipes wi~l be stubbed into each lot to allow this quantity to be used. No irrigation pipe larger than two inch wilt be allowed in any private lot within the subdivision. Inigation water use may be regulated or eliminated completely by the Irrigation Company in times of Iow water. Agricultural use will have first priority in low water periods. 3 (4} ELECTR][CXTY AND TELE?HONE These services shall be provided by the developer to the lot line. Any costs of the required improvements wilt be borne by the k>~ 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) ASSESSMENTS Assessments shall be made from time to time upon each lot within Nordic Ranches Subdivision. Assessments shall he made by the Governing Board or Home Owners Association, whichever is in force at the time of assessments, and shal~ 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 redisbursed to the ltot owners or'may be ~'etained 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 ]tot owned) deem certain improvements necessary within Nordic Ranches Subdivision which may enhance the quality and/or proper~y value of al! 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'-iot 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 ~d telephone are not assessable by Nordic Ranches Subdivision when delivered to the individual lot owner. However, any costs of electricity to run the 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 serv!ces, and reasonable improvements within the subdivision. It ~s not ~he ~ntent of the developers ~o use the above stated assessments for personal profi4. Assessments may be made on a regular monthly or annual basis or may he 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, the';r he~rs and assigns, that a~ lots Mthin Nordic Ranches Subdivision are subject to assessment. And, that a~ assessments levied upon lots specifically or generally within the Nordic Ranch Subdivisions shall be considered as legal and reasonable cost to specified lot owners. 4 And it is unders/ood that lot owners shall have a reasonable and lawful time of 30'days fi~om date of posting said assessment billing in the United S/roes Postal System to'pay said assessmen/so And should such assessments not be prompdy paid, them/he Governing Board or Home Owners 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 r¢imbursemen~ has not been made. Under no circumstance shall the Governing Board or Home Owners Association be required 4o make or provide services, maintenance or improvements wi/hin Nordic R~nches 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 ~asement 'shall be appurtenant to the respective lot or lots for which each owner holds such interest and shall pass with the title to every lo/, subject to the following provisions: A. The right of the Developers and/or Declarants 4o dedicate or transfer or grant right-of-ways to all or any part of the roads of fores/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 property and lots so long as such dedication, or iransfer does not unreasonably interfere with the owrxers right to ingress or egi'ess to and fi'om his lot or forest access areas and the enjoyment/hereof. (7) BUILDiNG AND STRUCTURAL 1M?ROVEMENTS All lots with Nordic Ranches Subdivision are limited to not more than one Single family dwelling and not more than 4. (four) addiiional, detached secondary structures as garages, barns, stables, No residential structure shall have a ground iloor 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 fee~ 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 (1500) 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 effort to be fair, would on a case by case 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 meial siding would be allowed, arid wood siding would be considered. An attached carport or double garage would be required. However, for not more than one year (~2 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 5 family dwelling. Upon completion of the construction or lapse of twelve (t 2) montlhs, 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 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 sl~ed for that purpose. No manufacturing, commercial, or business operation other than aris crafts, or professions operated solely by members of the family actually occupying the residence shall be conducted On any loi: no adverlising other than a temporary sign no 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 objectionable by adjoining proper~y owners. It is further the desire of the Developers that the structures on any one lot show a degree of harmony to one another both 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 beginnir~g. Interior completion shall 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 disrepair. All structures shall be properly maintained as any' pnldent property owner would normally do. Should the Governing Board or Home Owner's 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 properly 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 maybe 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 Nordi~ Ranches Subdivision are guaranteed the right to quarter, raise, or pasture 1 and ½ 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 quariering, raising, or pasturing of said additional livestock can be showr~ 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 owner and their immediate family members. In such event that additional livestock on any lot shouid fall 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 objectional 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 while.retaining a means to control land usage should the necessity arise through the imprudence of a lot owner. In the event that a ~,ot is used for the quartering, raising, or pasturing of livestock of any kind then the lot owner shall make 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 Home : Owner's Association and will be well maintained so as to not detract from the family residence and adjoining 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 shall be allowed al 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. 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 7 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. ©ne, two, or three strand(s) of barbed wire shall be allowed in conjunction with~ but not as an alternate to the horizontal rails. Fences shall be maintained in a good state ofrepairl A~r~y 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. It is the Developers desire that all lots with the Nordic RanChes Subdivision be well planned, constructed, and maintained and that there should be made no waste thereof. It is intended that these Coronets, 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. (9) ~ the event that any one or more of the Covenants, Conditions~ or Restr~ctior~s herein set forth shall be held by any court of competent jurisdiction t°. be null ~r, void, all remaining Covenants, Conditions, and Restrictions set .forth herein shall continue unimpaired, and remain in full force and effect. (10) AMENDING, CHANGING, OR NULLIFICATION of these Covenants wil~ be solely at : the discretion and the r~ght of the Developers until such time as the Developers may elect to create a Home Owner's Association. Any amendment, change or nullification of these Covenants shall be considered to be in 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 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 Home Owner's Association if they so desire, may extend the effective period as they desire. (12) This instrument of Covenants, Conditions, and Restrictions shai1 be binding on Nordic Ranches Subdivision, Divisions No. 12. IN WITNESS WHEREOF, THE PARTIES SET THEIR HAND THIS j c/ DA'~' OF 8 STATE OF [x,.)9~a ) U )s.s. County of Lt. ~,,-~[~ ) On th/s../'4 day of /"q~_ ,2001, before me, the undersigned, a Notary ]Public in and f°r said State, personaUy appeared'Clarence L. And Dorothy I. Reimhart, known to me or identified to me to be the persons whose names are subscribed to the w/thin instrument, and acknowledged to me that they executed the same. 1N WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal the day and year first above written. 9