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HomeMy WebLinkAbout912115 II:~:':':I;'~~! ""fl,','.I"I":' ','! ..I",lf',',' ···.:-~:f", ~·:I-"'· , -d . .>:..:.:.~.~. :';' C00724 DE CLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS This is a Declaration of Covenants, Conditions ánd Restrictions regulating and controlling the,¡ use and development of real property, made effective on the filing hereof, and dated this 31-6 day of July, 2005, by Tyson Merritt, of Lincoln County, Wyoming, hereinafter referred to as "Declarant" . RECITALS: A. The Declarant is owner of certain property that is described located in a portion of the Sl/2NEl/4SEl/4 of Section 2, T34N, Rl19W of the 6th P.M., County of Lincoln, Wyoming, herein after referred to as "Property". B. The Declarant is adopting these covenants, conditions and restrictions to protect the character and value of the Property for the benefit of all existing and future owners of the Property. C. The Property is hereby made subject to the covenants, condition, restrictions, reservations, assessments, charges and liens contained or provided for this Declaration, all of which shall run with the land. D. The Property shall be known as the Merritt Family Subdivision and by such other or additional names as may be designated by Thë15eclarant from time to time. NOW, THEREFORE, the Declarant hereby declares that all of the Property shall be held, sold, conveyed, leased, transferred, used and occupied subject to the provision of this Declaration, including the tenants, restrictions, reservations, assessments, regulations, charges and liens contained or provided for herein, which are for the purpose of protecting the value and desirability of the Property, and that shall be construed as covenants of equitable servitude and shall run with the land and be binding on all parties having any right, title or interest in the property or any part thereof, and their heirs, suçcessors and assigns. ARTICLE 1 USE AND RESTRICTIVE COVENANTS Section 1. LAND CLASSIFICATION. All land within the Merritt Family Subdivision has been classified as single family residential property. Section 2. GENERAL RESTRICTIONS. The following general restrictions shall apply to all of the lots. (a) Each lot or tract shall be exclusively for residential purposes, and no more than one family (including servants and transient guests) shall occupy such residence; provided, Merritt Familv Cove~lallts Page 1 of 6 RECEIVED 9/22/2005 at 12:07 PM RECEIVING # 912115 BOOK: 598 PAGE: 724 JEANt.~:~ WAGNER ,¡;r..ldO.~.. "'~: .:; ~ ~1·1·. '¡',;. " ~ .: ," !,.'. . ,:¡~. ~':':.71:' :.', .....-(..... 1';(";:.',',,..,"'" ..' " ~.';' ;~;-;;. C. 007t)5 \} Iv" O~1.21.1.5 however, that nothing in this subparagraph (a) shall be deemed to prevent the leasing of any lot from time to time by the owner thereof. (b) Each residential lot and any and all improvements from time to time located thereon shall be maintained by the owner thereof in good condition and repair, and in such manner as not to create a fire hazard, all at such owner's sole cost and expense. Landscaping should be neat and attractive noxious weeds controlled. (c) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other owners in the enjoyment of their lots. In determining whether there has been a violation of this subparagraph recognition must be given to the premise that owners, by virtue of their interest and ownership in the Subdivision, are entitled to the reasonable enjoyment of the natural benefits and sun'oundings of the Subdivision. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the lots and improvements located thereon, shall be placed or used upon any lot. (d) No domestic livestock animals of any kind, including but not limited to pigs, cattle and sheep, shall be allowed on any lot except as follows: A)on any lot, not more than two (2) dogs or cats; B) on lots 1, 2 and 3 not more than two (2) horses; C) on lots 4 and 5 not more than four (4) horses. A reasonable number of ducks may be allowed. Barking dogs constituting as a nuisance shall be confined in a sound resistant enclosure during normal sleeping hours. All dogs weighing over ten pounds shall be kept and maintained in a fenced area. (e) No sign whatsoever, including but without limitation, commercial, political and similar signs, visible from neighboring property, shall be erected or maintained upon any lot except for a wooden residential identification sign of a combined total face area of three (3) square feet or less.... (f) No manufactured house;- house trailer, mobile home, tent, teepee, shack or similar facility or structure shall be kept, placed or maintained upon any lot at any time, except as provided below. The terms "manufactured house", "house trailer" or" mobile home" as used herein includes, but not limited to, any building or structure with wheels and/or axles and any vehicle, used at any time, or constructed so as to permit its being used for the transport thereof upon public streets or highways and constructed in a manner as to permit occupancy thereof as a dwelling or sleeping place for one or more persons, and shall also mean any such building, structure or vehicle, whether or not wheels and/or axils have been removed, after such building structure or vehicle has been placed either temporarily or permanently upon a foundation. House trailers will be permitted while home is being constructed, however, such a period shall not be more than six months. Camper trailers will be allowed on the property, provided they are stored under a roofed structure. Merritt Family Covenants Page 2 of 6 ~¡¡¡;:¡~:::::::::;:;:;,: ¡ ~~~':I:~:-:I:';';ljJ,~\ij¡þ' ",'1 'j~ k "<1:. !" ~i~;¡;¡j~~¡m~ ~~~tm~~TIm .;o:~;';I;';I;';;; '.,<,' ,.",l..;I;.;.;.;.:,.,;... ;;;::". . ·:·..~n.'~.:';. 0"9"\"1 ~'1'~ r' "'d.1 -.:.,......' .J.L ~ C00726 (g) No inoperative vehicle shall be kept on the premises for more than thirty (30) days unless it is parked inside an enclosed building. (h) All garbage and trash shall be placed and kept in covered containers which shall be maintained so as not to be visible from neighboring property. Each owner shall provided for the collection and disposal of garbage and trash not less than once each week. The cost of garbage and trash collection shall be paid by each owner, in accordance with the billing of the collector. No rubbish or debris of any kind shall be placed or permitted to accumulate on any lot. ARTICLE II STANDARDS AND RESTRICTIONS APPLICABLE TO CONSTRUCTION Section 1. GENERAL APPLICATION. The following standards and restrictions are applicable to the construction, reconstruction, alteration and refinishing of any and all improvements from time to time existing upon the properties. Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the properties other than one single family dwelling to be occupied by the owner, his lessee, guests and servants, garage, guest house for the use of guests and not for rent, storage building(s) to be used to house vehicles, equipment and supplies, greenhouses and barns. Section 3. DESIGN CHARACTER. All buildings shall be constructed in character with each other specifically by using similar exterior roofing, building material and coloring on each building on the property. (a) Exterior materials will be of rough sawn natural wood, peeled log, stone, exposed aggregate concrete, or similar rough textured natural material, and also vinyl siding, steel shingle or high quality composite shingle. Ribbed metal roofing on reflective flat colored finish shall also be allowed. (b) All buildings must comply with any and all State of Wyoming, and Lincoln County Building Codes. (c) No Duilding of any kind may be constructed on any lot without prior architectural approval. Prior to commencing any construction of any kind, each lot owner must submit plans and specifications for such construction for architectural approval. Initially, architectural approval must be received from the Declarant. Declarant reserves and shall exercise sole and absolute discretion to grant or deny architectural approval. However, Declarant also reserves the right to assign the approval authority to another person or entity at any time. Any such assignee shall have the same authority as to architectural approval as Declarant has reserved herein. Merritt Family Covenants Page 3 of 6 ..~~.., / "i¡¡; .::f:t4p¡~¡·~'i,:", -:"'t.:::=-',.. ;:~:!~;!:':-,r~~-:;:-,~:_,,:¡¡,,:¡¿.' ,~. M:,,_,:._'"'; ..~. ,> ", _;:' .~. ".I~ :"-: '_.......'.', :",:.....&'.!h'..~;....:...." '.: . ". ," ';;i"'·;'t':H';~'~Y~:::·~l.··~·';¡~_'" .~';'¡;_"'.",,,,.:..'!"~.,:.¡o_;:-;:"._. _ _ :'_ ::~:_:___ o 9jl,;:: 1.1.5 \~, 0 072 7 Section 4. BUILDING DESIGN AND SETBACKS. (a) Solar collectors may be of any construction, materials or pitch required for efficient operation, but they shall not be placed on any structure in a manner which causes objectionable glare to any neighboring resident. Solar collectors shall be integrated into the structure of a residence, garage, carport, or other accessory building and shall not be free standing. (b) Automobile storage for each residential dwelling shall consist of a minimum of two indoor parking spaces in a garage that is either detached or attached to the residence. Parking spaces in the required garage 'shall have minimum dimensions of not less than ten (10) feet wide by twenty-five (25) feet long and shall be readily accessible by a driveway. property line. (c) No building shall be located nearer than ten (10) feet from any exterior (d) No structure shall be erected, altered, placed or permitted to remain on the property which shall exceed two stories in height. (e) All electric, television, radio, telephone, sewer, water, and all ofthe utility installations and connections located on the property shall be placed under the ground. (f) All construction, recons~ruction, refinishing, alterations and excavations shall proceed diligently from the date of commencement and shall be completed within twelve (12) months from the date of commencement except for so long as such completion in rendered impossible or would result in great hardship to the owner due to strikes, fires, national emergencies or national calamities. ARTICLE III MISCELLANEOUS PROVISIONS Section 1. WATER AND SEWER SYSTEMS. Each residential building shall be connected to a private sewage disposal system at the owner's sole expense, and such sewage disposal system shall conform to all applicable standards of the State of Wyoming, Lincoln County or other regulatory agency. No out-door toilets shall be permitted. All sewer systems shall be maintained so as to not constitute a nuisance to the adjoining lots. Each lot owner will be assessed a maintenance and user fee for the water and pipeline that delivers water to their lot. The assessment will be based upon the water right of the lot owner. Section 2. SNOW REMOVAL/MAINTENANCE. Snow removal and maintenance is the sole responsibility of owner of the property, which includes the driveway or access from the main roadway on to the lots. All lot owners will share equally in the cost of snow removal and maintenance of the main service roadway to the boundary of the subdivision. All lot owners will be assessed a maintenance and snow removal fee. Merritt Family Covenailts Page 4 of 6 :;:;!::~~:::!~;l!;!:::..,- _~ 1F:'~'~t_"·"lt;"'J",,'~,,·:·'!I!¡¡¡..,',I', Q;.U.Lt.1 ··'···J·'';.;'t:~l I~~':" !,- c.'·,··: . I ;:::U§~j!;t¡!;:Î~¡·;~¡~m:¡~;!i~¡!;'if.'~·_':-;,'~~;~··.~~·~~;!;~.."_~;fõ;:.'''.· 0.-.-;';;:~- ,-.i·· ;~¡.;:~.J' ;",,-;. '7;~~;'~:. ¡; - ".::,' ". '.. _.~:'.':i ,:;' ::(,~.;.: .:.:.:¡:t:I:fl.:O:.:;:':,;,·. . : :>: ¡~;;;~~ r.:.' '~;"~;:L~..:rt1'-;~:. :.'i~¡'.¡.~ :: :f\ !1~i~ ' ~j.~;~ ;:'.;.. r.!.t~: ;'lH:j~æt ';Z~: ;¡~~¡~~"P.__6..tf¡t(~1:;; :.-'}J.' i."¡ ;'-~~}ii- .';.._ ~¡;'S·".;·;' . " , J ¡ j OQ~n ";:.!"i!1.5 . ~/~"¡;;;;;"¿ C007?8' Section 2. FENCES. No metal posts will be allowed and no barbed wire shall be used, except that barbed wire fences may be used for subdivision boundary fences. Section 3. PETS. All pets will be controlled at all times by the pets' owner(s) and will be fenced or otherwise suitably confined when not under the owner's immediate verbal or other command. ARTICLE IV GENERAL PROVISIONS Section 1. ENFORCEMENT. Each grantee of a lot of the Subdivision by acceptance of a deed or execution of a contract of purchase incorporating by reference this declaration accepts the same, subject to all such conditions, covenants, reservations, easements, rights-of-way and restrictions set forth herein or on the plat. Declarant or any lot owner shall have the right to enforce, by any proceeding at law or in equity, all conditions, covenants, reservations, easements, right-of-way, restrictions, liens, and charges now or hereafter imposed by the provisions of this declaration. Failure by Declarant or by any owner to enforce any conditions, covenants, reservations, easements, right-of-way and restrictions contained herein shall not be deemed a waiver of the right to do so thereafter. A breach of any restriction, condition or covenant may be joined, abated or remedied by appropriate proceedings. The Declarant or owner or other party shall be entitle,d to recover their fees, costs, and expenses, including reasonable attorney's fees, from the party against whom enforcement action is brought. No such breach shall affect or impair the lien of any bona fide mortgage or deed of trust which shall have been given in good faith and for value; provided, however, that any subsequent owner of said property shall be bound by the said conditions, covenants, reservations, easements, right- of-way and restrictions whether obtained by foreclosure or a trustee sale or otherwise. Section 2. DEFINITION OF NUISANCE. Every act or omission whereby any condition, covenant, reservation, easement, right-of-way or restriction in this declaration is violate~ in whole or part is declared to be and shall constitute a nuisance and may be abated by the Declarant of his successors in interest or by any lot owner and such remedy shall be deemed cumulative and not exclusive. Section 3. SEVERABILITY. Invalidation of anyone of these covenants, conditions and reservations, by judgement or court order shall not be deemed to affect other provisions of this declaration which shall remain in full force and effect. Section 4. DURATION AND AMENDMENT. All of the covenants, conditions, and restrictions set forth in this declaration shall continue to remain in full force and effect at all times against the subdivision lots and the Owners thereof, subject to the right of ¡ amendment or modification provided for below, for a term of twenty (20) years, after which time ¡they shall automatically be extended for successive periods of twenty (20) years. J 1 1 ì ¡ ¡ I I I Merritt Family Covenants Page 5 of 6 .,'';~j¡~~....,. , ~I. , ;>¡~j~¡¡J!;\;~~:::. ~.:.J-.l;",':.·,:,:'.· :i' '~:~i:,!i!6:i:j~¡~j~;',: , . ':;-i'-"-;,~:::~:;-"-¡~~)-i'i'·.-·o;~,'.;r '~)>-:~!'.('.,;.' /. . ,...., ",!;,'-ì!",,;: . ,,;;.':':';'?:';<', n .;¡::' "\'1 ";'.1' ~, ~ c:: U~)~Þ···;..)L.L~ C007'::>9 '-- This declaration may be amended during the first twenty (20) year period by an instrument in writing signed by not less than sixty percent (60%) of the Lot Owners and the Declarant, if the Declarant still is a property owner within the subdivision; Thereafter, by an instrument in writing signed by not less than sixty percent (60%) of the Lot Owners, which amendment becomes effective when the instrument ir recorded in the Office of the County Clerk of Lincoln County, Wyoming. The Declarant snaIl have the right in his sole discretion, during such time as Declarant owns not less than two(2) Lots, to amend or modify this Declaration by an instrument in writing, and all Lots within the Subdivision including those previously sold shall be subject to such modification. Any such amendments shall be duly executed by the Declarant and are effective when recorded in the office of the County Clerk of Lincoln County, Wyoming. Section 5. GOVERNING LAW. This declaration shall be governed by the laws of the State of Wyoming and shall be binding upon the heirs, executors, administrators, successors and assigns of the Declarant and the owners. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written. STATE OF WYOMING ) ) COUNTY OF LINCOLN ) The forgoing instrument was acknowledged before me this 3151- day of July, 2005, by Tyosn Merritt. CHRISTINA K. ALLRED - NOTARY PUBLIC COUNTY OF _ STATE OF LINCOLN ~ WYOMING MY COMMISSION EXPIRES 04/30/2009 Ckik~ ~. fl&J~ NOTARY PUBLIC My Commission Expires: l.j- ,:2{)"'o"l Merritt Family Covellallts Page 6 of 6 Œjj¡m¡j!idi!,!í'f ~~... ··'.l,