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HomeMy WebLinkAbout91092900466 ALLEMAN SECOND ADDITION DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, the undersigned declarant is the sole owner of certain real property located in Lincoln County, Wyoming, more particularly hereinafter described; and WHEREAS, the declarant wishes to place certain restrictive covenants upon the land, the purpose of which is to insure the use of the property for attractive residential purposes, to prevent nuisances, to prevent the impairment of the attractiveness of the property, to maintain the natural environment and protect the ecology of the area and thereby to secure to the present owner and to each tract owner the full benefit and enjoyment of his respective tract; and WHEREAS, the declarant desires that this instrument shall define the restriction upon said land and shall later be incorporated by reference to apply thereto and to run with the land through subsequent transactions; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the land to which these restrictions apply is located in Lincoln County, Wyoming, and is more particularly described as follows: Lots 4, 5, 6, 9, 10, 11, 12, 13, and 14, of Block 1; and Lots 2, 3, 4, 6, 7, 8, and 9, of Block 3; of the Alleman Second Addition to the Town of La Barge, Lincoln County, Wyoming as the same appears of record on the official plats or maps therefore filed in the office of the County Clerk and Ex-Officio Register of Deeds for Lincoln County, Wyoming. FURTHER KNOW ALL MEN BY THESE PRESENTS: That all of the above described lands are subject to the following restrictions, to wit: 1. Lots as platted shall not be further subdivided. 2. No structures other than single family dwellings and supporting structures incidental to single family residential use shall be permitted. No more than one residential building shall be constructed on each lot. Construction of a residence must be commenced no later that 18 months from the date of purchase from the declarant; and construction must be substantially complete no later than 12 months fi'om being issues a permit by the governing committee. 3. Fencing style, porches, garages, and other structures must be approved for design, materials and appearance by the governing committee. 4. No trailer, basement, tent, shack, garage, barn, or other out building erected in the tract shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. RECEIVED 8/16/2005 at 9:05 AM RECEIVING # 910929 BOOK: 594 PAGE: 466 JEANNE WAGNER -,--- ,~ ~ LINCOLN COUNTY CLERK, KEM;!:..',,!~il, VVY ,.- 00467 5. No structure shall be placed upon any lot which is not permanent in nature and attractive in appearance, and all structures must have their design and appearance approved by the governing committee as defined in Sections 8 and 9 prior to the commencement of construction and a building permit obtained from said governing committee. Application for a permit shall include a site plan, elevations of improvements to show design elements, and a plan for landscaping. 6. No recreational vehicle may at any time be occupied as living quarters, except that guests of owners may occupy a recreational vehicle for no more than 30 days in any calendar year. 7. Lots shall be kept neat and orderly, free from odor producing refuse, and free from excess grass or debris which might constitute a fire hazard. No rubbish, debris, ashes, trash, junk, inoperative vehicles, unlicensed vehicles, wagons, wheels, tires and machinery shall be placed on or allowed to remain upon any lot or tract in the subdivision. The governing committee shall have the power to declare a nuisance if lots are not kept orderly. Ifa lot owner does not remove any such nuisance upon 10 days notice, the governing committee is hereby authorized to abate said nuisance at the expense of the lot owner, to include court costs and a reasonable attorney's fee. 8. The initial governing committee is the Town Council of the Town of La Barge, Wyoming, which shall continue to serve as the governing committee so long as the Town of La Barge owns one or more lots in the subdivision subject to these covenants. 9. At such time as the Town of La Barge does not own a lot in said subdivision, there is hereby established as a governing committee a Homeowners Association, which at any time may be incorporated by a vote of 2/3 of all lot owners in the subdivision. The by-laws of said association, when approved by a 2/3 vote of all lot owners and recorded, shall become a part of these restrictive covenants and shall be incorporated by this reference herein. 10. It is hereby established all owners of lots subject to these restrictive covenants shall be members of the Homeowners Association when it is established, whether incorporated or unincorporated, shall be governed by its by-laws, and shall have voting rights in said association according to these restrictive covenants and said by-laws. 11. These restrictive covenants are severable, and if be held unenforceable by a court of law it shall not effect the enforcement or validity of the remaining restrictions. 12. These restrictive covenants, conditions, restrictions, and reservations shall be perpetual and shall apply to and be forever binding upon the subsequent owners hereof, their heirs, executors, administrators and assigns, and are imposed upon the realty described herein as an obligation and charge against the same for the benefit of the declarant and the owners of each tract. .Z 13. If the owner of any tract conveyed by declarant or its successors or assigns shall violate any of the covenants or conditions hereinabove set forth, it shall be lawful for the declarant or any other person owning a tract to prosecute at law or in equity against the person or persons violating any covenants or conditions, and either to prevent him for doing so, or to recover damages, including costs and reasonable attorney's fees, for such violation, or both. 14. These covenants may be amended by an affirmative vote of three-fourths of the owners of all lots within the subdivision subject to said covenants. IN WITNESS WHEREOF, declarant has executed this instrument this f~ day of 2oo . ATTEST: By: TOWN OF LA BARGE, WYOMING Declarant Diane Sakai, Mayor STATE OF WYOMING ) · SS. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me this L~___~-/-'day of ~/~q~. 2005, by Diane Sakai, in her capacity as Mayor of the Town of La Barge. Witness my hand and official seal.