Beautiful Development Properties in Utah's High Uintah's Mountains!
DEED RESTRICTIONS
Elk Tracks @ Golden Eagle Ranches
All improvements on the Property, including but not limited to permanent residences, accessory buildings, temporary buildings, water and sewer systems, access drives, fences, temporary residences, including without limitation travel trailers, RV’s or other temporary facilities shall be constructed, maintained and used in adherence to the following:
1. Landscaping Control. The landscaping on the Property shall be maintained in an attractive and safe manner so as not to detract from the Elk Tracks @ Golden Eagle.
2. Building Time Restrictions. The exterior of any structure constructed on the Property shall be completed within one (1) year from the date any part thereof is commenced or a building permit is obtained, whichever is shorter.
3. Livestock and Pets. Animals on the Property shall be restricted to not more than eight (8) cows and/or horses and not more than three (3) household pets, and in no event shall the total number of animals on the Property exceed eleven (11). Livestock shall be confined in an enclosure, so that the open part of the Property retains a reasonable amount of vegetated cover. Owners are responsible to maintain the Property and animals so that dust and odor do not become a problem to other property owners.
4. Signs. No signs shall be visible to the public from the Property other than a professional sign not to exceed two (2) feet by three (3) feet (six (6) square feet) for purposes of renting, sale of property or construction of a permanent dwelling.
5. Garbage and Refuse Disposal. The Property shall not be used or maintained as dumping grounds for rubbish, trash, garbage, abandoned vehicles or other junk. No burning of trash or any other waste, including but not limited to cuttings, trimmings or weeds, is permitted. Trash receptacles, which must be covered containers, shall be kept visually screened from view of the front of the Property.
6. Business Uses. The Property shall be used exclusively for single family residential living purposes and shall never be occupied or used for any commercial purpose except for the purpose of a sales office or sales model during the development of a subdivision, or a home based business that is conducted through telephone, computer, or other electronic means, is not apparent from the exterior of the residence, does not create noise, traffic or parking congestion and preserves the residential nature of the development. No junkyard, auto-repair, or second-hand business, material storage or any other commercial uses that create a negative visual impact, excessive noise or congestion from traffic or parking shall be conducted on the Property. No storage of trucks, cars, busses, machinery, equipment or building materials shall be allowed on the Property unless enclosed in a structure built and maintained in accordance with these restrictions and is not visible from outside the Property. All uses on the Property shall be in compliance with and permitted by the
7. Maintenance of the Property. The Property and all improvements thereon shall be kept and maintained in a clean, safe, and attractive condition and in good repair.
8. No Hazardous Activities. No activities shall be conducted on the Property which might be unsafe or hazardous to any person or party. No fires shall be permitted on the Property except those contained in a fire pit, barbecue or designated fireplace and in compliance with any local or state regulation.
9. Construction and Fence Restrictions. In order to protect the character and appearance of the Property the following guidelines are set out:
A. Dwelling Type: A site built structure’s finished exterior shall be in harmony with the natural surroundings. Exterior construction materials for permanent dwellings will be limited to stone or stone veneer, brick or brick veneer, wood siding, wood logs, stucco (all exterior finishes must be in earth tones indigenous to the area). No reflective finishes shall be used on the exterior of any structure or improvement other than glass, window or door trim, pipes or mailboxes. Residences shall be a minimum of 1400 square feet, exclusive of porches, patios, basement, garages, carports or other additions. Septic permits must be obtained and the septic system installed and completed prior to construction or placement of a residence. All required Building permits must be obtained from
Only new modular or manufactured homes on permanent foundation may be brought onto and located on the Property. No modular or manufactured homes shall be permitted that are constructed with a non-removable steel chassis. Only modular, manufactured or on-site constructed homes having a living area of not less than 1400 square feet exclusive of porches, patios, basement, garages, carports or other additions thereto shall be erected on the property. Such homes shall be at least 24 feet wide and have at least 5/12 pitched roofing system which creates a minimum of six inch overhang and shall be erected on a permanent poured foundation wall or footings extending at least 4 feet below grade. The finished exterior shall be in harmony with the natural surroundings. All manufactured homes must be approved in accordance with the Duchesne County codes and regulations, shall be placed on a permanent foundation, have a skirt constructed of wood frame, block and/or concrete all the way around the perimeter and must be of and in good condition.
B. Travel Trailers, Campers, RV’s or Mobile Homes. A travel trailer, camper, RV, or mobile home may not be used as a permanent dwelling or for any type of occupancy for more than three (3) consecutive months. One (1) travel trailer or RV that is properly painted and in good repair may be used for a temporary residence once a building permit has been issued by Duchesne County for a permanent dwelling, the owner is diligently proceeding to construct a permanent residence on the Property and occupancy does not exceed one (1) year, or the length of time permitted by Duchesne County regulations, which ever is shorter.
C. Location and Placement. All structures, including but not limited to accessory, storage or utility buildings, garbage and refuse containers or structures for the storage of campers, RVs, trailers and motor homes shall be at the rear of the Property and located behind the dwelling in such a manner as not to be conspicuous from the frontage street or to adjoining property owners. The placement of any structure, including but not limited to, permanent and temporary dwellings, accessory, storage or utility buildings, sheds and garages shall be no closer than seventy five (75) feet from any side property line.
D. Fences or Walls. Any fence or wall located in front of the dwelling shall be constructed of wood, vinyl, or brick not to exceed six feet in height, set back from the property line not less than ten (10) feet and be of and in good repair. Fences or walls to the rear of the dwelling may be constructed of chain link and must be of and in good repair. Any fence or wall constructed on any property line adjoining any road shall be deemed to be located in front of the dwelling for purposes of this provision.
E. Access and Utilities. Grantor owns property adjacent to or in the vicinity of the Property being transferred by this Deed (“Grantor’s Remaining Property”). Grantor its successors and assigns (collectively “Grantor”) is granted and shall have a easement and right of ingress and egress over, across, along, and under all portions of the property, delineated and designated on subdivision plat map (66 foot wide right away), as may be necessary or convenient for Grantor, in a reasonable manner, to access Grantor’s Remaining Property to construct and improve Grantor’s Remaining Property with such roads, grading, structures, facilities, and other improvements including, but not limited to, utilities.
Such perpetual easements and rights of ingress and egress over, across, along, and under all portions of the Property are with no limits as to the extent of the burden which may be imposed thereon, as may be necessary or convenient to enable Grantor to develop and use any or all of Grantor’s Remaining Property and to provide for such needs of and services to the Grantor’s Remaining Property as may be determined by Grantor in its sole discretion.
The easements and rights set forth in the foregoing shall include, without limitation, the right to hook into and use any utility line, pipe, conduit, or other facility serving the Property and to install, utilize and/or enlarge all storm water runoff retention areas located on the Property. The easements and rights set forth in the foregoing shall be appurtenant to and shall run with the Property, for the benefit of the Grantor and Grantee and as a burden on the Property, pursuant to the applicable laws of the State of
F. Future Development. Grantee, or its successors or assigns, acknowledges and will not prohibit, obstruct, interfere or object to parcels being subdivided according to County ordinance for future development. Grantor reserves the rights for all necessary constructions for future parcels on Elk Tracks at Golden Eagle and all properties held by Golden Eagle and its successors.
10. Off-Road Vehicles. Off road vehicles may only be operated on the Property if operated in a considerate manner between dawn and dusk. Any operation on public roads must comply with
11. Removal of Natural Foliage. Removal of natural foliage will be required to comply with the Wildland Urban Interface Code. The distance to which foliage must be cleared will be determined after a site inspection before the issuance of a building permit. Foliage not removed to comply with this code shall be left in place to retain the natural character of the site. No trees, shrubs, bushes or other natural foliage shall be removed except as is absolutely necessary for the ingress and egress and construction of the dwellings, or other structures permitted by these restrictions, to be in compliance with the Utah Community Fire Plan.
An area of one hundred (100) feet surrounding all structures may be cleared for fire prevention purposes.
12. Rules and Regulations. No Owner shall violate these restrictions set forth herein all of which may be enforced at law or in equity by any Owner of any portion of the Property or the Grantor, its assigns or successors
13. REMEDIES FOR VIOLATIONS. The failure to enforce any right, reservation, restriction or condition contained in this Declaration of Restrictions, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. These restrictions shall be binding upon any assignee, successor in interest or grantee of the present or future owner(s). Any new construction upon any lot described herein shall be subject to these Restrictions.
Although every reasonable opportunity will be provided to remedy violations of these Restrictions, in the event the expenses are required to expend costs in obtaining compliance by a lot owner to insure compliance with these Restrictions, the legal and administrative costs incurred by both parties shall be the sole responsibility of the non-compliant lot owner. Owl and the Hawk, its successor or assignees, shall be entitled to place a lien upon the property owned by a non-compliant lot owner for the sum of any and all costs incurred as a result of non-compliance with these Restrictions.
14. SEVERABILITY. Invalidation or removal of any of these restrictions by judgment, decree, court order, statue, ordinance, or amendment by the lot owner, his successors or assigns, shall in no way affect any of the other provisions which shall remain in full force and effect.
