Whittier Estates Home Owners Association PO Box 238 Roy, UT 84067 Ent 152467 BK 365 Pg 898 Date: 10-AUG-2020 10:02:12AM Fee: $96.00 Credit Card Filed By: CB BRENDA NELSON, Recorder MORGAN COUNTY For: WHITTIER ESTATES HOME OWNERS ASSOC SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WHITTIER ESTATES SUBDIVISION KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the CC&Rs governing Whittier Estates Home Owners Association ("Whittier Estates”) were recorded as Whittier Estates Home Owners Association as Entry No. 141079, Records of Morgan County, Utah; and WHEREAS, it is necessary and desirable that the Declaration of Covenants, Conditions and Restrictions be supplemented; NOW THEREFORE, pursuant to a motion presented and duly carried and approved by a majority vote of a quorum of 75% of the Owners at the annual meeting of the Owners Association (the "Association”) on the 18th day of May, 2020, and in consideration of the promises, agreements, and considerations, herein contained, IT IS HEREBY AGREED that the following Declaration of Covenants, Conditions and Restrictions shall be, and the same are, hereby amended as follows: Section 7.12 RURAL AREA; FARM ANIMALS, is amended in its entirety as follows: Section 7.12 RURAL AREA; FARM ANIMALS 7.12 RURAL AREA; FARM ANIMALS. The property is located in the Peterson area of Morgan County which enjoys a semi-rural lifestyle, including the boarding, caring for, raising, razing, feeding, riding, and training of horses and other livestock, farm animals, and pets often found in rural areas (collectively "Livestock"), and their attendant noises, odors, and sights. Each owner takes title to the Lots or Parcels with acknowledgement that the Peterson area surrounding the Property is a rural area which allows and welcomes
their attendant noises, odors, and sights. Each owner takes title to the Lots or Parcels with acknowledgement that the Peterson area surrounding the Property is a rural area which allows and welcomes Livestock and that such Owners hereby agree not to challenge, oppose, complain about, or otherwise try to prohibit, outlaw, or restrict the residents' legal rights to have Livestock in the Peterson area.
Within and upon the Property and subject to applicable Morgan County codes and ordinances, Owners are permitted to raise and produce Livestock and Farm Animals, including horses, cattle, sheep, goats, poultry, (collectively, “Farm Animals") for family Declaration of Covenants, Conditions, and Restrictions for Whittier Estates Home Owners Association.
Page 1 of 4 Ent 152467 Bk 0365 Pg 0899 use, meaning not for commercial resale, or for which the sole purpose is monetary gain.
Provided, however, that the following conditions must be satisfied: A. No Farm Animals shall be kept or maintained closer than forty feet (40°) to any dwelling on any adjacent Lot and no barn, stable, coop, pen, or corral shall be kept closer than forty feet (40') to any Public Road and shall be screen from sight from a Public Road.
B. All Farm Animals shall be kept behind the dwelling, in the rear portion or side portion when rear is non-existent of any lot.
C. Horses, cattle, and other similarly size large animals ("Large Animals") are only allowed on Lots that are permitted by Morgan County. Owner must follow County requirements on number of Large Animals permitted on any lot. No more than two (2) dogs may be kept on any lot at any given time. (A) Dogs must be kept on a leash at all times that they are not behind back fences.
D. Roosters and swine are not permitted on any lot at any given time.
dogs may be kept on any lot at any given time. (A) Dogs must be kept on a leash at all times that they are not behind back fences.
D. Roosters and swine are not permitted on any lot at any given time.
E. The keeping and rearing of Farm Animals on the Property shall be done in a clean and healthy way, using the best practices of animal husbandry, in order to minimize odors and noises.
Declaration of Covenants, Conditions, and Restrictions for Whittier Estates Home Owners Association.
Page 2 of 4 Ent 152467 8k 0365 Pg 0900 These Supplemental Declaration of Covenants, Conditions and Restrictions incorporate herein by reference, to the extent not inconsistent, the terms and conditions of the CC&Rs and all terms thereof shall be binding upon Whitter Estates Home Owners Association.
These Supplemental CC&RS and every provision hereof shall take effect upon recording.
IN WITNESS WHEROF, the undersigned has executed these Supplemental CC&RS the day of June , 2020.
9 STATE OF UTAH COUNTY OF WEBER WHITTIER ESTATES HOME OWNERS ASSOCIATION By: Board Position: VICE PRESIDENT BLAIR GARDNER (Print Name) On this 9 day of JUNE BLAIR GARDNER 2020, personally appeared before me known to me to be the VICE PRESIDENT of Whittier Estates Home Owners Association and known to me to be the person who executed the within instrument on behalf of said entity.
SEAL OF THE STATE ADAM R. HUDDLESTON NOTARY PUBLIC STATE of UTAH COMMISSION NO. 701931 COMM. EXP. 08-23-2022 NOTARY PUBLIC Declaration of Covenants, Conditions, and Restrictions for Whittier Estates Home Owners Association.
Page 3 of 4 Ent 152467 BK 0365 Pg 0901 Legal Description of Lots at Whittier Estates All of Lots 1-34 and Common Areas and proposed phase 4 description of Whittier
ier Estates Home Owners Association.
Page 3 of 4 Ent 152467 BK 0365 Pg 0901 Legal Description of Lots at Whittier Estates All of Lots 1-34 and Common Areas and proposed phase 4 description of Whittier Estates Phase 1, 2, 3, 4, Morgan County, Utah, According to the Official Plat Thereof, on file and of recorded in the office of the Morgan County Recorder.
00-0084-6977, 00-0084-6978, 00-0084-6979, 00-0084-7626, 00-0084-6980, 00-0084-6981, 00-0084-7627, 00-0084-7628, 00-0084-7629, 00-0084-7630 00-0084-7631, 00-0084-7632, 00-0084-7633, 00-0084-7634, 00-0084-7635 00-0084-6982, 00-0084-6983, 00-0084-6984, 00-0084-6985, 00-0085-9917 00-0085-9918, 00-0085-9919, 00-0085-9920, 00-0085-9921, 00-0085-9922 00-0085-9923 00-0084-7636 Common Area 00-0085-9924 Common Area 00-0085-9925 Common Area Whittier Estates Phase 4 description BEGINNING AT A POINT ON THE EAST LINE OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 2 EAST, SALT LAKE BASE AND MERIDIAN, SAID POINT BEING NORTH 00°10'28" EAST 1324.98 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 6 AND RUNNING THENCE ALONG THE NORTH LINE OF THE BOHMAN RANCH PROPERTY RECORDED AS ENTRY NO. 57022 IN BOOK M-67 AT PAGES 330-333 (PART C) IN THE OFFICIAL RECORDS OF THE MORGAN COUNTY RECORDERS OFFICE, AND AN EXTENSION THEREOF, THE FOLLOWING THREE (3) COURSES: 1) NORTH 89°49'32" WEST 648.12 FEET; 2) SOUTH 66°22'28" WEST 413.40 FEET; 3) SOUTH 72°40'28" WEST 229.00 FEET; THENCE NORTH 41°08'49" WEST 115.20 FEET TO A POINT ON THE WHITTIER ESTATES PHASE 3 BOUNDARY LINE, SAID POINT ALSO BEING ON THE MAHOGANY DRIVE ROAD RIGHT OF WAY; THENCE ALONG SAID PHASE 3 BOUNDARY LINE THE FOLLOWING SEVEN (7) COURSES 1) NORTHEASTERLY 110.09 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT (CHORD BEARS NORTH 27°46'48" EAST 92.61 FEET); 2)
PHASE 3 BOUNDARY LINE THE FOLLOWING SEVEN (7) COURSES 1) NORTHEASTERLY 110.09 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT (CHORD BEARS NORTH 27°46'48" EAST 92.61 FEET); 2) NORTH 29°33'45" WEST 606.72 FEET; 3) NORTHWESTERLY 256.32 FEET ALONG THE ARC OF A 1530.00 FOOT TANGENT RADIUS CURVE TO THE LEFT (CHORD BEARS NORTH 34°21'42" WEST 256.02 FEET); 4) NORTH 39°09'40" WEST 626.87 FEET; 5) NORTH 22°50'41" EAST 76.67 FEET; 6) NORTH 28°58'32" WEST 134.20 FEET; 7)NORTH 61°01'28" EAST 28.81 FEET; THENCE SOUTH 88°56'49" EAST 734.15; THENCE NORTH 00°57'38" EAST, ALONG AN EXISTING FENCE LINE, 371.14 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 397.57 FEET ALONG THE ARC OF A 1820.00 FOOT NON TANGENT RADIUS CURVE TO THE LEFT (CHORD BEARS SOUTH 65°10'16" EAST 396.78 FEET); THENCE SOUTH 70°36'04" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 1093.21 FEET TO THE EAST LINE OF SAID SECTION 6; THENCE SOUTH 00°10'28" WEST, ALONG SAID SECTION LINE, 1191.83 FEET TO THE POINT OF BEGINNING.
CONTAINS 58.93 ACRES MORE OR LESS Declaration of Covenants, Conditions, and Restrictions for Whittier Estates Home Owners Association.
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