[5-acre parcel covenants] [40-acre parcel covenants]
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COVENANTS
FOR 5-ACRE PARCELS
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS FOR BEULAH LAND ESTATES
THIS DECLARATION, made this ______ day of __________, 1998, by DANIEL P. ISLAND and ISLAND FAMILY TRUST of 1714 West Blvd., Rapid City, SD 57701, hereinafter referred to as "Islands", and
WHEREAS, Islands are the owners of the following described real property, to-wit: Subdivision of a Portion of Section 30 and 31, T53N, R60W,, 6TH P.M., Crook County, Wyoming. Which real property shall hereinafter be referred to as the "Property", and
WHEREAS, Islands intend to sell lots within the Property and by this declaration imposes on the lots within the Property covenants, conditions, and restrictions under a general scheme or plan for the benefit of the lot owners, now therefore,
WITNESSETH: Islands hereby declare the lots within the Property above described shall be sold and conveyed subject to the following covenants and restrictions, which are imposed to protect the value of the lots, to promote the purpose of the development of the Property, to maintain the aesthetic qualities, and to protect and promote the general welfare of the owners of the Property, which covenants and restrictions shall run with the land and be binding on all parties having any right, title or interest in the Property or any portion thereof, and their heirs, successors and assigns.
1. HOMEOWNERS ASSOCIATION. There shall exist a homeowners association known as "Beulah Land Estates Homeowners Association", hereinafter referred to as "Homeowners Association". Upon purchase of a lot, every lot owner shall automatically become a member of the Homeowners Association as provided by the Articles of Incorporation and by-laws thereof, which shall continue until the lot owner no longer holds property or until the lot owner assigns his interest therein subject to such restrictions or limitations as may be imposed. Status as a member shall automatically terminate without notice upon termination of ownership and any assigned or transferred interest shall automatically terminate upon termination of the assignor's or transferor's ownership interest.
2. DEVELOPMENT STANDARDS. The Homeowners Association shall establish reasonable procedural rules, regulations, restrictions, architectural standards, design guidelines and development standards, which shall be implemented by the Architectural Committee. The guidelines shall include, among other things, restrictions and limitations set forth below:
2.1 Single Family Residential Use. The Property shall be used for single family residence. It is the intent of the Homeowners Association that the subdivision be developed as a residential neighborhood. However, a resident of the subdivision shall be allowed to maintain an in-house business or business that does not take from the residential character of the Subdivision. Said business shall effect the general plan of providing for continued attractiveness and desirability of the subdivision as a whole. No lot shall have more than one residence.
2.2 Architectural Control. No building, fence, wall, shelter belts or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the same shall have been submitted to and approved by the Architectural Committee, which approval shall not be unreasonably withheld. In the event said committee fails to approve or disapprove such design and location within sixty (60) days after said plans and specifications have been submitted to it, approval will not be required and the proponent of the same shall be deemed to have fully complied therewith.
2.3 Fencing. The property is located in open range. Livestock may be located upon private property adjacent to the development. That is if any lot owner desires not to have livestock upon their property, it shall be the lot owner's duty and obligation to fence their property boundaries or portion of the property they wish to exclude livestock from, and they shall be solely responsible for the repair and maintenance of such fence constructed. In the event any lot owner elects not to construct a fence, they expressly understand and assume the consequences, resultant damages, and risks of livestock being upon the property.
2.4 Dwelling Requirements. No dwelling shall be constructed, erected or maintained which does not have a minimum of 1200 square feet of living space on the main floor or 1,500 total square feet for split level or two level dwellings, excluding garage, subject to the right of the Architectural Committee to consider specific plans deviating from these limitations taking into consideration differences in topography, location of lots, lot sizes and shapes to effect the general plan of providing for continued attractiveness and desirability of the subdivision as a whole.
All plans for construction shall be submitted to the Architectural Committee and any request for variance to minimum size requirements for approval. Construction of all dwellings shall be of new materials, new construction, and permanently set on a foundation. No structures shall be moved in onto any lot from any other lot within or from the outside of the above described Property. No mobile or modular homes, single or doublewide, shall be permitted. All changes or additions to the approved plans before, during, or after construction must be approved by the Architectural Committee before the alteration is implemented. Failure to obtain such approval may result in the requirement that such change or alteration be restored to the original condition, in which event, shall be done at the owner's sole cost and expense.
Outbuildings may be of pole or barn type construction, but shall complement the dwelling structure by having the same or similar roofing material and siding, with a minimum of sixteen-inch (16") soffitts. No dwelling or outbuilding shall have roofs or siding, except as commonly used in residential construction, and such other products as are expressly approved by the Architectural Committee.
The color combinations of exterior material must be subtle and tasteful to blend with the neighborhood and landscape. Earthen tones, beiges and grays are acceptable. Extreme contrasts in colors of paint, stains, or masonry are unacceptable. Roofing material must be of darker tones. All color schemes must be approved by Architectural Committee. Exterior materials will consist of stucco, native stone, brick and wood materials, including shingles, natural logs, timbers, and similar-type siding materials.
Construction shall substantially conform and utilize materials recommended to minimize fire risk as such may now or hereinafter be recommended by the United States Forest Service or Wyoming State Fire Advisory Council. Site grading must be accomplished with minimum disruption to the lot without altering natural discharge points of surface drainage from the lot, and without creating conditions that could precipitate unnecessary soil erosion, slippage, or subsistence. No excessive excavation or fill will be permitted on any lot except where specifically allowed by the Architectural Committee. Any disturbed soil on the lot shall be re-seeded to restore natural conditions.
2.5 Set Back Requirements. The minimum building setbacks for all structures constructed on any lot shall be one-third the depth of the lot from the front and fifty (50) feet from each side line and back lot line subject to any setback requirement as shown on the plat and subject to the Architectural Committee approving a variance due to the difference in topography, location of lots, lot sizes and shapes in order to effect the general plan of providing for continued attractiveness and desirability of the subdivision as a whole. Regardless of the minimum setback requirements, it is the intent no building and no septic waste disposal drain field system shall be constructed in the lower laying areas where subsurface waters may exist. Drain fields must be approved by State of Wyoming.
2.6 Easements. Easements for installation, maintenance, repair and removal of utilities and drainage facilities over, under, and across the property are reserved with a (twelve (12) foot strip) adjacent to all lot lines. Full rights of ingress and egress shall be had by the Homeowners Association, or its successors in interest, and any bona fide utility company at all times over the easement areas for the installation, operation, maintenance, repair, or removal of any obstruction that may be placed in such easements, or with the use, maintenance, operation, or installation of such utility. All water lines will be allowed to be installed using easiest and most direct route to the source of water.
2.6a Utilities. Seller shall be obligated to guarantee telephone, electrical, and water service to the lot lines within the development. All utilities must be underground from source of utilities to buyer's structures. Buyers will be obligated to pay the utility companies for connection or hook up fees. Buyers will also be obligated to install a meter pit for the purpose of connecting a water meter to the Beulahland Estates Water Company. Said meter pit shall be installed along the roadway in front of their lot and shall be approved by the Beulahland Estates Water Company and conform with any State regulations. Lot owners will be required to connect to the Beulah Land Estates Water Company. All water usage shall be as follows: a basic minimum flat fee of $20.00 per month shall be charged. An additional fee of $2.00 per 1,000 gallons shall be charged for water use. Fees may be adjusted from time to time in accordance with Wyoming State laws.
2.7 Roads. It is expressly understood that the main access road through the subdivision is a road for, which there is no governmental obligation to repair or maintain. It is expressly stated and acknowledged that Crook County does not now and in its sole discretion may not ever maintain the main road going through the subdivision. It is expressly acknowledged that any maintenance on this road, including repair, snow removal or dust control, is currently the obligation of the parties desiring maintenance to be performed and no third party is obligated to provide maintenance, repair, snow removal or dust control. Roads or easements providing access to the lots in the Property are shown on the recorded plat in the Office of the Crook County Clerk, Sundance, WY, or any amendments thereto.
Each lot owner shall be responsible to construct their access road from the main road going through the subdivision, which construction shall comply with standard county specification for private drive access roads, including the installation of a culvert of proper dimension, but not less than twelve inches in diameter, and shall have continuing responsibility to properly maintain the access road and culvert and perform such repairs and maintenance as become necessary from time to time. Each lot owner must provide parking and sufficient driveway space for the parking of the vehicles using the property.
2.8 Continuity of Construction. The exterior of all structures commenced in the development shall be pursued diligently to completion and shall be completed within twelve (12) months of the commencement of construction unless such completion is prevented by inclement weather.
2.9 Landscaping. All natural surface areas disturbed by construction shall be returned promptly to a natural condition and replanted in lawns, native grasses, shrubs or trees. All noxious weeds shall be controlled by the lot owner. All gardens shall be set back at least the same distance as building set back requirements. All lawns being watered with the Beulahland Estates Water Company's water supply shall occupy a maximum of five thousand (5,000) square feet of watering space.
2.10 Trailers or Temporary Structures. No trailer house or mobile home, or other temporary structures shall be permitted on any of such Property except mobile tool houses during the construction. Motor homes may be parked upon the property but shall not be used as a residence.
2.11 Peace and Quiet. No noxious or offensive activity shall be carried on within the Property; nor shall anything be done or permitted which shall constitute a public nuisance therein. No motor vehicles, cars, buses, tractors or trailers that are not kept in normal running condition, in average daily use and properly licensed, shall be kept on the Property. The operation of the vehicle shall be done in accordance with property safety and to avoid noise disturbance.
2.12 Signs/Antennas. No signs, billboards or other advertising structures of any kind shall be erected, constructed or maintained on any lot for any purpose whatsoever except for identification of a road or fire district or for identification of current resident; however, it shall be permissible to display on any lot one sign of not more than three square feet for the limited purpose of advertising the land for sale by the lot owner or his agent, and it shall be permissible to display signs of reasonable size for the purposes of advertising the Property during the construction and sale period by Islands. Television, radio and other antennas are to be located so as to be inconspicuous as possible.
2.13 Trash. No garbage or trash shall be kept, maintained, or contained on any lot so as to be visible from another lot or the road. No incinerator shall be kept or maintained on any lot. No refuse pile, garbage, or unsightly objects shall be allowed to be placed, accumulated, or allowed to remain anywhere on a lot. The Homeowners Association, or its successor in interest, shall have the sole discretion in determining whether or not an object is deemed unsightly.
2.14 Animals/Livestock. Dogs, cats and other pets, ( no livestock ), will be allowed for household enjoyment. In no event shall any pet be allowed to create noise or to trespass upon the properties of any other lot owner or run loose upon the Property or to chase livestock of ranchers or livestock of other lot owners. Upon any infractions hereof, the Board of Directors of the Homeowners Association or its designated committee, may upon its own initiative or shall upon any complaint of any lot owner, give notice to the owner of the lot in which the pet is located and the matter shall be considered and the determination of the Board of Directors or its committee as to whether or not the pet shall be allowed to continue to reside within the Property shall be deemed conclusive, and the owner of the pet shall comply with such determination.
2.15 Rules. The Homeowners Association may adopt such rules and regulations in regard to restricting or prohibiting parking on the streets, storage of vehicles, type of vehicles, fences, storage, outbuildings, speed limits, and other matters as it may deem reasonable and appropriate for the benefit of the Property and may delegate to the Architectural Committee the power to oversee and enforce such rules.
2.16 Lot Size. Minimum lot size being 5 acre tracts. Lots cannot be subdivided.
2.17 Tanks. No elevated tanks of any kind shall be erected, placed or permitted on any part of such premises, including tanks for storage of fuel or natural gas unless they are buried or walled sufficiently to conceal them to maintain the attractiveness and desirability of the subdivision as a whole, which must be approved by the Architectural Committee.
2.18 Mailboxes. Mailboxes or other containers for delivery or receipt of newspapers shall be of such specifications and shall be located in such areas as designated by the Architectural Committee.
2.19 Non-Liability. Plans and specifications approved or rejected by the Architectural Committee or any changes, recommendations, or alterations required by the Architectural Committee as to style, exterior design, appearance, and location is not to be constructed as a representation of approval for engineering design or for compliance with zoning and building ordinances, and by approving such plans and specifications, neither the Architectural Committee, the members thereof, or the Homeowners Association assume any responsibility for the design or any defect in the design. Said parties shall not be liable to any owner or other person for and damage, loss, or prejudice suffered or claimed on account of the approval or disapproval of any plans, drawings, and specifications, whether or not defective, or the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications.
2.20 Waste Disposal Systems. Each lot owner shall be responsible to construct a sewer waste disposal system upon their lot in compliance with all state and county statutes, rules, and regulations. Any septic tank disposal system or other disposal system shall be designed by a licensed engineer, constructed consistent with such plan, and shall thereafter be monitored, reviewed, and inspected as necessary and appropriate to assure proper maintenance and continued safe operation. 2.21 Miscellaneous. No fireplaces, incinerators, open fire pits or related structures or devices shall be constructed or operated except as permitted by applicable state and federal laws. All electrical wiring, wiring devices, fixtures and service connections shall be in compliance with the National Electrical Code, or other applicable electrical code.
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3. CONVENANT FOR ASSESSMENTS.
3.1 Assessments. Each lot owner, whether or not it shall be so expressed in any deed or document of conveyance, shall be deemed to covenant and agree to pay to the Homeowners Associates general assessments or charges levied on a monthly, quarterly, semi-annual or annual basis, and special assessments or charges to be fixed, established and collected from time to time, as hereinafter provided. The general assessments and special assessments, together with interest thereon at the judgment rate from time to time from after the date the same becomes due and payable, together with the costs of collection, shall be a charge on each lot subject to assessment and shall be made a continuing lien against which such assessment is made. Each assessment, together with interest thereon and costs of collection, shall also be the joint and several personal obligation of the person, group of persons or entity who was the lot owner of such lot at the time when the assessment became due and payable.
3.2 Amount. It shall be the duty of the Board of Directors of the Homeowners Association to determine the amount of the general assessment, if any, for each lot subject to assessment. The general assessment for any lot subject to assessment for any assessment period shall become due and payable and a lien against the lot on such date as specified by the Board of Directors. The Board of Directors shall make reasonable efforts to determine the amount of the general assessment against each lot to lot owner thereof, together with the due dates of periodic installments if such assessment is allowed by the decision of the Board of Directors to be paid in installments, at least thirty (30) days prior to the first day of such assessment period. The Board of Directors shall prepare and maintain a roster of the lots and the general assessment currently applicable thereto and shall make such roster available for the inspection of lot owners on request. Assessments may be collected on a monthly, quarterly, semi-annual or annual basis in the discretion of the Board of Directors of the Homeowners Association.
3.3 Increases. Increase in the general assessments from and after __________ 1, 1998, for lots subject to assessment may be increased over the maximum amount by the Board of Directors of the Homeowners Association by not more than an additional ten percent (10%) each year thereafter without a vote of the membership. The maximum general assessments may be increased above the limit which may be imposed by the Board of Directors, by a resolution approved by sixty percent (60%) of the votes of the membership present at an annual meeting or at a special meeting called for that purpose.
3.4 Special Assessments. Special assessments, in addition to the general assessments authorized, may be imposed by the Homeowners Association from time to time by levy of a special assessment for such purposes as the Homeowners Association deems necessary, provided, however, that any special assessment shall only be levied by a resolution approved by sixty percent (60%) of the votes of the Stockholders present at an annual meeting or at a special meeting called for that purpose. Any special assessment shall be on a per lot basis only.
3.5 Date of Commencement. The general assessments for each lot shall commence on the first day of the month following date of purchase or date of contract for deed of the lot by the lot owner and any assessment shall be pro-rated for the balance of the assessment period in relation to the general assessments, which would have been imposed on the lot if so subject and shall become due and payable and a lien on the lot as of the date of purchase by contract or conveyance by deed, whichever occurs first.
3.6 Exclusion. Notwithstanding the provisions as here-in-above set forth, Islands, or their assigns or successors in interest, excluding lot owners, shall not be required to pay general assessments or special assessments for any lot in which it has an interest; provided, the foregoing limitations shall not apply to any lot within the Property owned by Islands, or their assigns or successors, in which the same has been built upon and is ready for occupancy.
3.7 Reserve Fund. The Homeowners Association may establish and maintain a reserve fund for replacements and reserve fund for general operating expenses by the allocation and payment monthly or such other term to such reserve fund of an amount to be designated from time to time by the Board of Directors of the Homeowners Association. Such fund or funds shall be deposited in such accounts as is deemed appropriate in the discretion of the Board of Directors. The reserve for replacements may be expended only for the purpose of effecting improvements on the property or replacement of improvements and for operating contingencies of non-recurring nature. The proportionate interest of any lot owner in any reserve shall be considered an appurtenance of the lot and shall not be otherwise separated from the lot which it appertains and shall be deemed to be transferred with such lot.
3.8 Certificate. The Homeowners Association shall, upon demand at any reasonable time, furnish to any lot owner liable for assessment a certificate in writing signed by an officer or other authorized agent of the Homeowners Association, stating whether such assessment is paid or unpaid. Such certificate shall be conclusive evidence of the payment of any assessment therein stated to have been paid. A charge as may be determined by the Board of Directors may be levied in advance by the Homeowners Association for each certificate so issued.4. BREACH OF PAYMENT ASSESSMENTS. Any general or special assessment levied pursuant to these covenants and declarations which is not paid on the date when due shall be delinquent and shall, together with interest thereon at the judgment rate and costs of collection, become a continuing lien upon the lot against which such assessment is levied; and such assessment shall be binding upon such lot in the hands of the lot owner thereof, his heirs, devisees, personal representatives and assigns. The obligation of such lot owner to pay such assessment, however, shall also remain his personal, joint and several obligation. If the assessment is not paid within thirty (30) days after the due date, the Homeowners Association may bring an action at law against the lot owner personally obligated to pay the same or may foreclose the lien against the lot in the amount provided by law.
In either event, the Homeowners Association shall also recover from such owner or out of the proceeds of such foreclosure accrued interest and costs of collection, including but not limited to, reasonable attorney's fees. No lot owner may waive or otherwise escape liability for the assessments provided for in this declaration by non-use or abandonment of his lot. The lien of the assessments provided for in this declaration shall be subordinate to the lien of any first mortgage now or hereafter placed upon any lot subject to assessments; provided, however, that sale or transfer pursuant to a decree of foreclosure, or any other proceedings in lieu of foreclosure shall not relieve such lot from liability for any assessments becoming due after such subsequent assessments. That in a voluntary conveyance of a lot, the grantee of the lot shall be jointly and severally liable with grantor for all unpaid assessments against the lot at the time of conveyance without prejudice to the grantee's rights to recover from the grantor the amounts paid by the grantee therefor.5. RIGHTS OF FIRST MORTGAGEES. Other provisions of this Declaration notwithstanding, the Homeowners Association, the Board of the Homeowners Association, and the lot owners shall not, without the prior written approval of all first mortgagees of record of lots, totally abandon all the covenants and restrictions established by this declaration.
No first mortgagee of record of any lot shall:
A. Be required to cure any breach of this Declaration which is not readily curable as to a lot acquired by such mortgagee by foreclosure or by conveyance in lieu of foreclosure; provided, however, that such mortgagee is liable for all assessments which become due after such foreclosure or conveyance in lieu of foreclosure, or
B. Be affected by any amendment to this Declaration which may affect their security position unless written consent thereto is given or unless prior to such amendment all such first mortgagees of record have been given thirty (30) days advance written notice of the proposed amendment and at least two-thirds of such mortgagees have given their written approval to such amendment. Upon written request therefor, first mortgagees of record shall be given written notice by the Board of Directors of the Homeowners Association of any default in payment of assessments or in the discharge of other obligations pursuant to this Declaration not cured within the time provided by the lot owner of a lot in which such mortgagee has a security interest. First mortgagees of record of lots shall have the right to examine the books and records of the Homeowners Association at reasonable times and to obtain, upon written request therefor, annual reports and financial data prepared by the Homeowners Association.6. DURATION AND AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Homeowners Association, its legal representatives, successors and assigns, or any lot owner for a term of ten years from the date of recordation of the Declaration, after which the said covenants shall be automatically extended for successive periods of twenty (20) years each. However, this Declaration may be amended at any time, except where permanent easements or other permanent rights or interests are herein created, or rights or interests are created in third persons, by an instrument signed by lot owners who have title to sixty percent (60%) of the lots described within the Property, and placed of record wherein this Declaration is recorded. No such amendment shall be effective unless written notice of the proposed amendment is sent to every lot owner thirty (30) days prior to action being taken on the proposed amendment. No change of circumstances or conditions shall operate to amend any of the provisions of this Declaration, which may be amended only in the manner here-in-above provided. None of the provisions of this Declaration shall be constructed as a condition subsequent or as creating a possibility of reverter.
7. INCORPORATED BY REFERENCE ON RESALE. In the event any lot owner sells or otherwise transfers his lot, any deed purporting to effect such transfer shall contain a provision incorporating by reference the covenants and restrictions set forth in this Declaration, although the failure to do so shall not be deemed to defeat, alter, or terminate these covenants and restrictions set forth in this Declaration as to said Property transferred.
8. NOTICES. Any notice required to be sent to any lot owner of a lot under the provisions of this Declaration shall be deemed to have been given when mailed by first class mail, postage prepaid, to such lot owner at his last known address.
9. ENFORCEMENT. If any person shall violate or threaten to violate any of the provisions of this instrument, it shall be lawful for the Homeowners Association, its successor, or any lot owners in the Property to pursue enforcement of these covenants and restrictions by any violating or attempting to violate any covenants or restriction, either to restrain or enjoin violation or to recover damages. The failure or forbearance by Property lot owners or Islands to enforce any covenant or restriction herein contained shall in no event be deemed a waiver or work as an estoppel of the right to do so thereafter.
10. BINDING EFFECT AND COMPLIANCE. Each lot owner, and their heirs and assigns, or any person acquiring any rights or privileges therefrom shall be fully bound by and shall comply with the provisions of these declarations and any amendments hereinafter duly adopted to these covenants, and failure to comply with such provisions shall be grounds for action as so authorized, action to recover sums due or for damages, or action for injunctive relief.
11. INVALIDITY AND SEVERABILITY OF PROVISIONS. Each and every covenant, restriction, provision, section and paragraph of this Declaration is deemed severable and in the event that any one or more of the same are declared to be invalid or unenforceable, all remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned declarant has hereunto set its hand and seal the day and year first above written. ______________________________ Lenn T. Island, Trustee Island Family Trust V/T/D State of South Dakota ) ) ss. County of )
On this ________ day of ____________, 1998, before me, the undersigned officer, personally appeared Lenn T. Island, Trustee, Island Family Trust, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.IN WITNESS WHEREOF, I have set my hand and official seal. (SEAL) ______________________________ Notary Public My Commission Expires:_____________________
IN WITNESS WHEREOF, the undersigned declarant has hereunto set its hand and seal the day and year first above written. ______________________________ Daniel P. Island State of South Dakota ) ) ss. County of Lawrence )
On this ________ day of ____________, 1998, before me, the undersigned officer, personally appeared Daniel P. Island known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.IN WITNESS WHEREOF, I have set my hand and official seal. (SEAL) ______________________________ Notary Public My Commission Expires: _____________________
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COVENANTS FOR THE 40 ACRE PARCELS
For hard copy, contact:
Dan Island
island@rap.midco.net
CELL: 605-431-9080
PHONE: 605-642-9080
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EMAIL ISLAND'S: island@rap.midco.net
PHONE: Dan Island at 605-642-9080 or 605-431-9080 (cell).
Lots for sale are owned by a licensed Real Estate Agent.Please visit Sand Creek Trading Post for more information about Beulah, WY.