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HomeMy WebLinkAbout914087 ~ 0::: W ~ 0::: <{ w or- ...... ~ 0 r--~ffi ~ or- W or- OO"Z ~ ..- OWc.9 CO "o:tc.9« ~ U') '('""<{s 0::: 0 (j¡(L w 0 ...J N W ° ...... '"' Z or- ...... c.9 z ~ N Z (D<{ Z O~ oW ::::> Ww (D' 0 >0 ~ ° -w 0 z Wo::: 0 ...J t) [J) 0 W 0 0:: z ...J 31 ~. n () i"\ 5~ 7 '.t '\) J DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This is a Declaration of Covenants, Conditions and Restrictions regulating and controlling the use and development of real property, made effective on the tìling hereoJ: and dated this day of August, 2005, by Paul Jenkins, of Lincoln County, Wyoming, hereinafter referred to as "Declarant" . REClT ALS: A. The Declarant is owner of certain property that is described located in Freedom, GLO Lot 1 and the NW1/4NE1/4 of Section 33, T35N, 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 aU 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 DecJaration, aU of which shaU run with the land. D. The Property shaU be known as the Stateline Estates and by such other or additional names as may be designated by the Declarant from time to time. NOW, THEREFORE, the Declarant hereby declares that all of the Property shaU be held, sold, conveyed, leased, transfelTed, 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, except as provided herein, and be binding on all parties having any right, titJe or interest in the Property or any part thereof, and their heirs, successors and assigns. ARTICLE 1 USE AND RESTRICTIVE COVENANTS Section 1. LAND CLASSIFICATION. All land within the Stateline Estates Subdivision has been classified as single làmily residential rent a] property, unless changed under the terms of these covenants and decJarations. Section 2. GENERAL RESTRICTIONS. The following general restrictions shall apply to aU of the lots. Statelil/e Estates Covel/al/ts Page 1 of 5 "1 ' -L" -<1 1'\\ ,n g.ì."j itJ ,,_1; J~. ....~ U· j (' (\ n ':; 5' 8 ).- ,,) \.' \...J (a) Each lot or tract shall be exclusively for residential purposes, and no more than one family (including transient guests) shall occupy each residential unit. (b) Each residential unit and any and all improvements from time to time located thereon shall be maintained by the owner tLereof 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 and noxious weeds controlled. (c) No noxious or offensive activity shall be carried on upon any Jot or residential unit, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other renters in the enjoyment of their units. 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, horses, cattle and sheep, shall be allowed at any time. No pets are allowed except fish kept in an aquarium as allowed under the lease agreement. (e) No sign whatsoever, including but without limitation, commercia], political and similar signs, visible from neighboring property, shall be erected or maintained upon any lot or unit. (f) No house trailer, mobile home, tent, teepee, shack or similar facility storage shed or structure shall be kept, placed or maintained upon any lot for more than a total of thirty 30 days. (g) No inoperative vehicle shall be kept on the premises for more than thirty (30) days. (h) All garbage and trash shall be placed and kept in covered containers in the areas specifically designated for garbage. Each tenant shall dispose of garbage and trash from their unit to the area designated for garbage no less than once a week. No rubbish or debris of any kind shall be placed or permitted to accumuhte on any lot or unit. (i) No more than two vehicles per unit will be allowed to park on the property. ARTI CLE 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 aU improvements from time to time existing upon the properties, StateliJ/e Estates Oil'ellallts Page 2 of 5 J ;.. 'Í.,~ '¿1 [Y. flii() r"'if:¡ ", "-_.J ¿L... ..:.:... '-.Ji U ('. iÌ () ') 5 9 ,~, '-) \..' ....... Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the properties other than one multiple family d\vellings to be occupied by the tenant, his lessees or guests. Section 3. DESIGN CHARACTER. AJ] buildings shall be constructed in character with each other speciÜcaJly by using similar exterior rootìng, building materia] and coloring on each building on the property. (a) Exterior materials will be ofrough 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 rooÜng on rei1ective 11at colored finish shall also be allowed. (b) All buildings must comply with any and all State of \Vyoming, and Linco]n County Building Codes. Section 4. BUILDING DESIGN AND SETBACKS. (a) No building shaJ] be located nearer than tcn (10) feet [rcnn any exterior property line. (b) No structure shaJ] be erected, altered, p]accd or permitted to remain on the property which shall exceed two stories in height. (c) All electric, television, radio, telephone, sewer, water, and all of the utiJity installations and connections located on the property shaJ] be placed under the ground. ARTICLE III MISCELLANEOUS PROVISIONS Section 1. WATER AND SEWER SYSTEMS. Each residenti,¡] unit building shall be connected to a private sewage disposal system, and such sewage disposal system shall conform to all appJicable standards of the State of Wyoming, Lincoln County or other regulatory agency. No out-door toilets shall be permitted except during construction of units. All sewcr systems shall be maintained so as to not constitute a nuisance to the adjoining lots. Section 2. SNOW REMOV ALlMAINTENANCE. Snow rcmova] and maintenance of common roadways is the responsibility of owncr(s) of the property. Section 3. PETS. No pets allowed in any unit or property cxcept as speciÜcaJ]y provided in thcse declarations. Slateline Estate!;' Covenants Page 3 of 5 H ", ,. 8- ...., I \'.. ',~ tJ ......·iru , ('\ rt " 6 0 . ') I' .', I ".-'~ .J ,.... ARTICLE IV GENERAL PROVISIONS Section 1. ENFORCEMENT. The provisions of this Declaration will be enforced by the owner(s) of the property. Each tenant wi]] also be required to sign a lease that wil1 incorporate the provisions of this Declaration in addition to other terms and requirements of the individual lease. Failure by Declarant or by any owner to enforce any conditions, covenants, reservations, easements, right-of-way and restrictions contained herein shall not be deem cd 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 entitled to recover their fees, costs, and expenses, including reasonable attorney's fees, from the party against whom enforcement action is brought. No such breach shaH affect or impair the lien of any bona tìde 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 violated in whole or part is declared to be and shalJ constitute a nuisance and may be abated by the Dec]arant of his successors in interest and such remedy shaJl be deemed cumulative and not exclusive. Section 3. SEVERABILITY. Inval idation 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 shaJl remain in hill force and effect. Section 4. DURA TION AND AlvIENDMENT. AJI of the covenants, conditions, and restrictions set forth in this declaration shaJl continue to remain in fun force and etTect at all times against the residential lots, owner(s) of the property and the tenants 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 tor successive periods of tv.¡(;nty (20) years. This declaration may be amended during the fìrst t\venty (20) year period by an instrument in writing by the Declarant or subsequent owner(s) of the property provided the Declarant notitìes the surrounding property owners of any proposed amendments at least 45 days before the amendments would take effect. The Declarant, or subsequent owner(s), shaJl provide an opportunity for the surrounding property owners to comment on the proposed amendments to the Declarant or subsequent owner before tìling such amendments with the Lincoln CounLy Clerk. Any such amendments shall be duly executed by the Declarant and are effective when recorded in the offìce of the County Clerk of Lincoln County, Wyoming. Statelil/e Estates Covel/al/ts Page 4 /If 5 , ," ,f" £:-I'~i 1""""" r ,I, 'l~a q ~..J :::J ~~ ~.t: 00361 Should the owner(s) of the property decide that the rental units be converted to condominiums or other nonrental property, these covenants and declarations shall become null and void. The owner(s) of the property will have the option to submit new covenants and declarations concerning the property for non-rental residential purposes. The owner(s) of the property will file a notice with the Lincoln County Clerk should these declarations and covenants become null and void. Section 5. GOVERNING LA W. 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. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the clay and year tÌrst above written. /,-~:.<' ~ /;.-;:/' /~/. ' / .' c' ,/ / PAUL JENKINS ;- ,./ -/ /1 // _../:<';:~~~>' . -..:..::.--~ . /.,/,,'/ .} ~ '---........: , C~, '-, ,,~;:f \ 0 ,~ ( it..., -;\Q/J'-.., O/L'-"'-~ Sf-IEILA JENKfNS v S ta te of vJyom i ng ss. County of Lincoln The foregoing instrument was acknowledged before me by Paul Jenkins and Sheila Jenkins this 1st day of November 2005. l'Jitness my hand and official seal. J~A'V~~~~~~~~...~~.i;;..<"'"U~~¡."\~~~Â~t~tkj~~~, J'..} , ,.'J:,~I .V l.";¡(-'OI,',::~>~;c,",nj\fW P/,j,t"'!U,,, 'O,,~,.' G..Æulìjl of :;~'<"t''fi "'k"J ~ < L.W,¡:üi¡¡ " ~~~: ,,'~J/. , ~ . f)',,;¡tA~.;J,~ )t., ,;\" '.. " ~I 1 ,~? .~ )!:ft¿:",~\r!J·i:.;;k~¡ E},p~¡~Jd, ?¿\ rli, ~,'.," ~<:,. ":I~"<.~~""''''t.:,~.t.J~'''''':~L·';':'~-'''¡;'....:.i:U;'::''''''':·~~~'''';;·..A''~--'~. ,.,~:,,:~._~,~, ., '" Statelil/e Estates Covel/al/t.I' Page 5 of 5