|
Below are the
recorded CC&Rs (covenants) for Plat A followed by those for Forest Meadow
Ranch. The copies that we have are multi-generation copies and very hard to
copy. They have been scanned and put into a word processor by an OCR. The
scanner has made some mistakes. We have gone through and corrected as many as we
can find. If you need a completely accurate copy of these covenants, they are
available from Summit County Offices in Coalville.
There are three
different sets of covenants recorded for different areas within Pine/Forest
Meadow Ranch. The third set is very difficult to read. We will get a fresh copy
from Summit County and post it here in the near future.
RESERVATIONS
AND PROTECTIVE COVENANTS
PINE
MEADOW RANCH
KNOW
ALL MEN BY THESE PRESENTS:
That
Pine Meadow Ranch, a Utah Corporation, being the owner of the following
described premises, situated within the County of Summit, State of Utah, to-wit:
All of Plat A which is part of
Section 21, Township 1 North, Range 4 East, Salt
lake Base and Meridian; which will consist of lots of the Pine Meadow Ranch
Subdivisions within this area; in an attempt to preserve the natural beauty and
environment state of the aforesaid area, hereby desire to establish
and limit the development, use and enjoyment of the aforesaid land by making
said premises subject to the following express reservations, restrictions and
covenants; to wit:
1. The
owner or occupant of each and every lot of the above described area, by
acceptance of title thereto or by taking possession thereof, regardless of
whether or not the conveyance specifically provides therefor, covenants and
agrees to accept, be bound by, to act in accordance with and not to abrogate or
act in contradiction of any of the reservations and restrictive covenants herein
enumerated.
2. The
Pine Meadow Ranch Property Owners Association (PMRPOA) shall and are hereby
named responsible for the administration and enforcement of the reservations and
restrictive covenants en~~rated herein. For that purpose the PMRPOA shall
appoint or elect one or more persons to a committee formed for the exclusive
purpose of administrating and enforcing the provisions herein set forth. This
committee shall be known as the Environmental Control Committee (ECC) and is
empowered to set up reasonable rules and regulations to properly administer and
enforce these requirements. This committee shall also have the power to make
reasonable exceptions, for cause showing, to any and all reservations and
restrictive covenants herein enumerated whether specifically so provided or not.
3. The
minimum lot or parcel size of said property shall be as they are recorded with
Summit County, therefore. no property owner of said property shall re-subdivide
his lot or lots of Pine Meadow Ranch. Resale of the lots and layouts of Pine
Meadow Ranch Subdivision shall be permissible within five years unless
accomplished by other than through public advertising, however, in no event
shall "for sale" signs or other visual displays ever be allowed on
said property.
4. Only
permanent structures that are in conformance with the specifications and
requirements of and after proper approval from the ECC, Summit County
and any required State Agency or organization shall be constructed, erected,
moved on to , or maintained on said property. No temporary structure of any kind
or size shall be permitted except (I) when used for a reasonable period to aid
in the construction of an approved structure, or (2) for brief vacation periods.
The term structure shall mean for this paragraph and for all other paragraphs of
this document the following: Any building, improvement1 shack, tent,
trailer, mobile home, dwelling place, garage, storage shed, and any other type
of structure having similar characteristics of the aforementioned items. To
implement the procedure required herein a property owner shall follow these
steps before taking any steps towards putting a structure on his property:
a) Check
with the ECC to obtain any prepared specifications or requirements for said
structures.
b)
Submit preliminary plans to the ECC for approval.
c)
Submit evidence that all County and State requirements have been complied with.
d) After
approval, proceed only in accordance with the directions of and in compliance
with the plans approved by the ECC.
5. No
structure constructed, erected or maintained on any lot or portion thereof shall
consist of less than 400 square feet of living area on the ground floor, not
including carport or garages.
6. Only
one dwelling will be permitted per one-half acre, although a clustering of
dwellings will be permitted on multi-acre lots when approved by the ECC. Special
permission must be obtained from the ECC, before more than two structures of any
kind or size will be permitted on any lot, regardless of the lot size.
7. The
location of any structure, e.g., distance from all lot boundary lines, shall be
approved by the ECC in accordance with their regulations, but in no event less
than that which is required by Summit County or any other governmental
organization.
8. No
signs or other advertisements shall be erected or maintained on said property or
any structure thereon.
9. No
animals, except a reasonable number of domestic pets (dogs, cats, etc.) Horses
and livestock, may be kept, bred, or raised for any commercial purposes on said
property. The ECC will determine what is a reasonable number.
10. No
garbage1 refuge, obnoxious or offensive material or objects, weeds or
any other unsightly growth shall be permitted to accumulate, grow or remain on
any said lots. The property owner shall dispose of any of the above described
conditions and items in accordance with accepted sanitary practices and in
accordance with the ECC rules and requirements. In the event any property owner
fails to keep his property free from the above described conditions and items,
then after a ten day written notice to so comply and the failure of the property
owner to so act, the ECC may enter (such entry shall not be deemed a trespass)
upon such land and dispose of said conditions or items at the expense
of the owner (due and payable immediately) and any expense incurred
thereby shall be a lien against said property in favor of the PMRPOA until paid
in full and the collection of said expenses shall be permissible through all
legal means including interest, costs of court and reasonable attorney's fees.
11. Only
natural fences and natural looking fences shall be permitted as boundary lines,
no barbed wire or chain link fences may be used for such purposes. Within the
property owner's boundary lines and for a limited area and use only, any type of
fence may be used, subject to ECC approval.
12. No
hunting of any nature, kind shall be permitted within the area covered by the
Pine Meadow Ranch Subdivisions, except in specifically approved areas, if any,
by the ECC. Firearms target shooting is permitted but only in specifically
approved areas.
13. The
flow of any stream, creek or spring may not be stopped or dammed up nor say any
lot or parcel be increased in size by filling in the water that abuts it. The
elevation of any lot shall not be changed so as to materially affect the surface
elevation or grade of the surrounding lots. No rock, gravel or i:lay shall be
excavated or removed from any lot for commercial purposes. The only exception
being in the event the developing entity of the property elects to take material
that will be used in the improvement of Pine Meadow Ranch.
14. All
vehicles operated on said property shall be properly licensed, inspected and
maintained so as not to create a dangerous situation, become a nuisance, nor
emit unreasonable smoke, oil or noise; said vehicles shall be
operated only on the properly defined roads and right-of-ways and not in any
manner which will cause damage or harm to the natural environment and landscape
of said property. The ECC shall have the power to restrict the use of any
vehicle which creates such a nuisance or noise so as
to prevent the majority from the proper enjoyment of their property. In no event
will motor driven bikes or other vehicles be permitted unless noise is muffled
to meet the noise standards of the ECC.
15.
Extreme caution must be exercised in the handling of fire, therefore, no open
fires shall be permitted except in areas and/or devices such as fire pits,
approved by the ECC. An ABC-6 to 10 lb portable fire extinguisher sl*all i~e
required before any fire of any size may be started(ignited), and any dwelling
must have said fire extinguisher and an outside water faucet
with at least 75 feet of hose. The ECC shall properly provide notice these
requirement. to all property users and set up fines and penalties for
their violation.
16. The
development of facilities for the disposal of sewage waste shall be accomplished
only after approval and inspection of and in accordance with rules and
regulation of the Utah State Division of Health and the Summit County Health
Department and specifically Part IV the Code of waste Disposal Regulations,
Utah State Division of Health.
17. Pine Meadow Ranch or its assignee does reserve
the right with respect to the property covered hereby to determine the course,
extent and direction of any easements necessary for the purpose
of installing and maintaining any public utility facilities and for such other
purposes commonly incidental to the development of said property. All claims for
damages, if any, arising out of the construction, maintenance and repair of
utilities or on account of temporary or other inconvenience caused thereby
against Pine Meadow Ranch, or any utility company or municipality, or any of
it's agents or servants are hereby waived by the owners. Pine Meadow Ranch, or
its assignee, does further reserve the right to change, establish, layout a new,
or discontinue any road1 street, right-of-way or easement which may
be at any time established necessary or not necessary for ingress or egress to
and from an owner's lot. subject to the approval of any governmental authority,
if required. The property conveyed in Pine Meadow Ranch Subdivisions are so
conveyed subject to the right of Pine Meadow Ranch, as in this Paragraph 17
provided, which right may be exercised by Pine Meadow Ranch, or its assignee,
without compensation to a property owner.
18. In the event Pine Meadow Ranch, it assignee, or
PMRP0A desire or are required by a governmental authority to develop
improvements, including but not limited to electricity, gas, telephone, sewers,
waste, etc., all property owners, occupants, users or their assigns of the real
property covered hereby shall connect to and become a user of said facilities
within a reasonable time after installation and shall be responsible for their
proportionate share of the development expenses, costs and charges. Said
proportionate share shall he calculated on a per acre or portion thereof basis
and due thirty days before construction.
19. The
violation of any of the reservations or covenants herein set out by any property
owner, occupant, or person claiming under them or any other person shall be
subject to prosecution by any other property owner of the real property included
herein, the PMRPOA, Pine Meadow Ranch, or its assignee, jointly or severally,
shall have the right, whenever there shall have been built on any lot any
structure which is in violation of these restrictions, to enter upon the
property where such violation of these Reservations and Restrictions exist and
summarily abate or remove the same at the expense of the owner, which expense
shall become a lien upon the property from which removed and any such entry and
abatement or removal shall not be deemed a trespass. The
failure promptly to enforce any of the Reservations and Restrictions shall not
bar their future enforcement.
20. Invalidation of any of the provisions of this
document by judgment of court order shall in no wise affect any of the other
provisions herein, which shall remain in full force and effect.
21. Should the owner fail, neglect or refuse to
satisfy and discharge any fine, lien or penalty arising, hereunder within thirty
(30) days, or it should become necessary to enforce the provisions herein, the
PMRPOA, the ECC and/or Pine Meadow Ranch, or its assignee as the case may be,
shall have the right to interest on such fine, lien or penalty at the rate of
one and one-half per cent per month until paid and shall be entitled to receive
all costs of collection and/or enforcement, including a reasonable attorney's
fee.
22. The
reservations and restrictive covenants herein set out are to run with the land
and shall be binding upon all persons owning or occupying any lot, parcel or
portion of the real property enumerated at the beginning hereof until January 1,
1990, and for successive twenty (20) year periods unless: (a) Within six (6)
months of the end of the initial period or any twenty (20) year period
thereafter written agreement executed by the then record owners
of more than three- quarters (3/4) in area of said real property
included herein is recorded with the Summit County Recorder and the terms of
said agreement change, modify or extinguish in whole or ir. part the
reservations and restrictive covenants enumerated herein. (b) It is amended by
the recording of a written instrument enumerating said amendments which has been
executed by at least three-quarters (3/4) of the then existing record owners of
the area covered hereby and the recording of an affidavit by the PMRP0A
certifying that all record owners concerned herewith received notice of the
amendments.
IN WITNESS WHEREOF, PINE MEADOW RANCH has caused
this document to be executed in it's name by it's President, this 10th day of
January, 1972.
Return To Top
RESERVATIONS
AND RESTRICTIVE COVENANTS
FOREST
MEADOW RANCH
KNOW
ALL MEN BY THESE PRESENTS:
That
Deseret Diversified Development, a Utah Corporation, being the owner of the
following described premises, situated within the County of Summit, State of
Utah, to-wit:
The
South half of Section 22, Township 1 North, Range 4 East, Salt Lake Base and
Meridian; which will consist of all the lots of the Forest Meadow Ranch
Subdivisions within this area; hereby desire to establish and limit the
development, use and enjoyment of the aforesaid land by making said premises
subject to the following express reservations, restrictions and covenants;
to-wit:
1. The
owner or occupant of each and every lot of the above described area, by
acceptance of title thereto or by taking possession thereof, regardless of
whether or not the conveyance specifically provides therefore, covenants and
agrees to accept, be bound by, to act in concordance with and not to abrogate or
act in contradiction of any of the reservations and restrictive covenants herein
enumerated.
2. The
Forest Meadow Ranch Property Owners Association (FMRPOA). shall and are hereby
named responsible for the administration and enforcement of the reservations and
restrictive covenants enumerated herein. For that purpose the FMRPOA shall
appoint or elect one or more persons to a committee formed for the exclusive
purpose of administrating and enforcing the provisions herein set forth. This
committee shall be known as the Environmental Control Committee (ECC) and is
empowered to set up reasonable rules and regulations to properly administer and
enforce these requirements. This committee shall also have the power to make
reason-able exceptions, for cause showing, to any and all reservations and
restrictive covenants herein enumerated whether specifically so provide or not.
3. The
minimum lot or parcel size of said property shall be twenty thousand square feet
in area, therefore no property owner of said. property shall subdivide his lot
or lots in such a manner that any lot or parcel shall be less than approximately
one-half acre, more or less in area; nevertheless, no re-subdivision whatsoever
of the lots and layouts of Forest Meadow Ranch Subdivision shall be permissible
within five years unless accomplished by other than through public advertising,
however, in no event shall for sale signs or other visual displays ever I)C
allowed on said property.
4. Only
permanent structures that are in conformance with thc specifications and
requirements of and after proper approval from the CC, Summit County and any
required 5tate Agency or Organization shall be constructed, erected, moved on
to, or maintained on said property. No temporary structure of any kind or size
shall be permitted except (1) when used for a reasonable period to aid in the
construction of an approved structure, or (2) for brief vacation periods. The
term structure shall mean for this paragraph and for all other paragraphs of
this document the following: Any building, improvement, shack, tent, trailer,
mobi1e home, dwelling place, garage, storage shed, and any other type of
structure having similar characteristics of the aforementioned items. Supplement
the procedure required herein a property owner shall follow the following steps
before taking any steps towards putting a structure on his property:
a) Check
with the ECC to obtain any prepared specifications or requirements for said
structures.
b)
Submit preliminary plans to the ECC for approval.
c)
Submit evidence that all County and State requirements have been complied with..
d) After
approval, proceed only in accordance with the directions of and in compliance
with the plans approved by the ECC.
5. No
structure constructed, erected or maintained on any lot or portion thereof shall
consist of less than 400 square feet of living area, not including carport or
garages.
6. Only
one dwelling will be permitted per one-half acre, although a clustering of
dwellings will be permitted on multi-acre lots 'when approved by the ECC.
Special permission must be obtained from the ECC, before more than two
structures of any kind or size shall be permitted on any lot, regardless of the
lot size.
7. No
structure, or any part thereof, shall be constructed, erected or maintained on
any lot closer than one hundred (100) feet any lot boundary line or road
right-of-way.
8. No
signs or other advertisements shall be erected or maintained on said property or
any structure thereon.
9. No
animals, except a reasonable number of domestic pets (dogs, cats, etc.) horses
and livestock, may be kept, bred, or raised on said property; nor may any animal
including the above exceptions be kept, bred or raised for any commercial
purposes on said property. The ECC shall determine what is a reasonable number.
10. No
garbage, refuge, obnoxious or offensive material or objects, weeds or any other
unsightly growth shall be permitted to accumulate, grow or remain on any said
lots. The property owner shall dispose of any of the above described conditions
and items in accordance with accepted sanitary practices and in accordance with
the ECC rules and requirements. In the event any property owner fails to keep
his property free from the above described conditions and items, then after a
ten day written notice to so comply and the failure of the property owner to so
act, the ECC may enter (such entry shall not be deemed a trespass) upon such
land and dispose of said conditions or items at the expense of the owner (due
and payable immediately) and any expense incurred thereby shall he a lien
against said property in favor of the FMRPOA until paid in full and the
collection of said expenses shall be permissible through all legal .means
including interest, costs of court and reasonable attorney's fees.
11. Only
natural fences and natural looking fences shall be permitted as boundary lines,
no barbed wire or chain link fences may be used for such purposes. Within the
property owner's boundary lines and limited area and use only, any type of fence
may be used, subject to ECC approval.
12. No
hunting or firearms of any nature, size or kind shall be permitted within the
area covered by the Forest Meadow Ranch Subdivision except within specifically
approved areas, if any, by the ECC.
13. The
flow of any stream, creek or spring may not be stopped or dammed up nor may any
lot or parcel be increased in size by filling in the water that abuts it. The
elevation of any lot shall not be changed so as to materially effect the surface
elevation or grade of the surrounding lots. No rock, gravel or clay shall be
excavated or removed from any lot for commercial purposes.
14. All
vehicles operated on said property shall be properly licensed, inspected and
maintained so as not to create a dangerous situation, become a nuisance, nor
emit unreasonable smoke, oil or noise; vehicles shall be operated only on the
properly defined roads and rights-of-ways and not in any manner which will cause
damage or harm to the natural environment and landscape of said property. The
ECC shall have power to restrict the use of any vehicle which creates such a
nuisance or noise so as to prevent the majority from the proper enjoyment of
their property.
15.
Extreme caution must he exercised in the handling of fire, therefore no open
fires shall be permitted except in areas and/or devices such as fire pits,
approved by the ECC . A fire extinguisher shall be required before any fire of
any size may be started (ignited). The ECC shall properly provide notice of
these requirements to all property users and set up fines and penalties for
their violation.
16. The
development of facilities for the disposal of sewage waste shall be accomplished
only after approval and inspection of and in accordance with rules and
regulations of the Utah State Division of Health and the Summit County Health
Department and specifically Part IV of the Code of Waste Disposal Regulations,
Utah State Division of Health.
17.
Deseret Diversified Development, does reserve the right with respect to the
property covered hereby to determine the course, extent and direction of any
easements necessary for the purpose of installing and maintaining any public
utility facilities and for such other purposes commonly incidental to the
development of said property. All claims for damages, if any, arising out of the
construction, maintenance and repair of utilities or on account of temporary or
other inconvenience caused thereby against Deseret Diversified Development, or
any utility company or municipality, or any of its agents or servants are hereby
waived by the owners. Deseret Diversified Development does further reserve the
right to change, establish, lay out a new, or discontinue any road, street,
right-of-way or easement which nay be at any time established necessary or not
necessary for ingress or egress to and from an owner's lot, subject to the
approval of any governmental authority, if required. The property conveyed in
Forest Meadow Ranch Subdivisions are so conveyed subject to the right of Deseret
Diversified Development, as in this Paragraph 17 provided, which right may be
exercised by Deseret Diversified Development without compensation to a property
owner.
18. In
the event Deseret Diversified Development or FMRPOA desire or are required by
any governmental authority to develop improvements, including but not limited to
electricity, gas, telephone, sewers water, etc., all property owners occupants,
users or their assigns of he real property covered hereby shall connect to and
become a user of said facilities within a reasonable time after installation and
shall be responsible for their proportionate share of the development expenses,
costs and charges. Said proportionate share shall be calculated on a per acre or
portion thereof basis and due thirty days before construction.
19. The violation of any of the reservations or
covenants herein set out by any property owner, occupant, or person claiming
under them or any other person shall be subject to prosecution by any other
property owner of the real property included herein, the FMRPOA or Deseret
Diversified Development, said prosecution may take the form of any legal
proceeding in law or equity against the offending person or Persons and may seek
any and all lawful remedy therefor. In addition to the foregoing rights, the
FMRPOA, the ECC or Deseret Diversified Development jointly or severally, shall
have the right, whenever there shall have been built on any lot any structure
which is in violation of these restrictions, to enter upon the property where
such violation of these Reservations and Restrictions exists and summarily abate
or remove the same at the expense of the owner, which expense shall become a
lien upon the property from which removed and any such entry and abatement or
removed shall not be deemed a trespass. The failure promptly to enforce any of
the Reservations and Restrictions shall not bar their enforcements.
20.
Invalidation of any of the provisions of this document by judgment or court
order shall in no wise affect any of the provisions therein, which shall remain
in full force and effect.
21. Should the owner fail, neglect or refuse to
satisfy and discharge any fine, lien or penalty arising, hereunder within thirty
days, or it should become necessary to enforce the provisions herein, the FMRPOA,
the ECC and/or Deseret Diversified Development as the case may be, shall have
the right to interest on such fine, lien or penalty at the rate of one and
one-half percent per month until paid and shall be entitled to receive all costs
of collection and/or enforcement including reasonable attorney's fee.
22. The reservations and restrictive covenants
herein set out to run with the Land and shall be binding upon all persons owning
or occupying any lot, Parcel or portion of the real property enumerated at the
beginning thereof until January 1, 1990, and for successive twenty (20) year
periods. Unless within six (6) months of the end of the initial Period or any
twenty (20) year period thereafter a written agreement executed by the then
record owners of more than three-quarters (3/4) in area of said real property
included herein is recorded with the Summit County Recorder and the terms of
said agreement change, modify or extinguished iIn whole or in part the
reservations and restrictive covenants enumerated herein thereafter, these
reservations and restrictive covenants as changed, modified or extinguished by
said agreement shall continue in force for successive twenty (20) year periods,
until they are changed, modified or extinguished in the manner herein provided.
IN WITNESS WHEREOF, DESERET DIVERSIFIED DEVELOPMENT
has caused this document to be executed its
name by its President, this 8th day of July, 1971.
DESERET DIVERSIFIED DEVELOPMENT
By: _(W. Brent Jensen -signature__)
President
Return To Top |