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HomeMy WebLinkAbout915870 ~mI~111§[H ,.-'.'-'.....-....'-... ,,.......,.,....-. ", RECEIVED 2/8/2006 at 10:52 AM RECEIVING # 915870 BOOK: 611 PAGE: 877 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY r!\nsl"1 ',' 'v' d I 7 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS TIllS DE CLARA TION made on the date herein after set forth by Coyote Hills Homeowner's Association, herein after referred to as "CHHA". WITNESSETH: WHEREAS, CHHA, the owners of certain property in the unincorporated area of Lincoln County, State of Wyoming, as described in recorded subdivision map on file with county planner, herein referred to as "the property" . "~." NOW, THEREFORE, CHHA hereby declares that all property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following casements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, or attractiveness of the real property and every part thereof. These casements, covenants, restrictions, and condition, shall run with the real property and shall be binding on all parties having or acquiring any right, title of interest in the described property, and shall insure to the benefit of all the lands in said tract and the future owners of those lands. ARTICLE I/DEFINITIONS Section 1. "Property" shall mean and refer to certain real property hereinafter described. Section 2. "Lot" shall mean and refer to copy of the original ten lots shown upon the recorded map of Coyote Hills Subdivision and no lot can be combined with another or split. PAGE 1 OF 7 "'.. ,', ,_..,,: .-.0 U~J-,~Ü r/ 00878 Section 3. "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities, of free simple title to any lot, and shall also include contract purchasers and the CHHA, but shall exclude those having such interest merely as security for the performance of any obligation. Section 4. Cougar Lane and Bobcat Drive and their access to County Road 123 are wholly owned by CHHA. There will be a yearly assessment by the CHHA to each homeowner for road snow removal and maintenance. CHHA shall meet on a yearly basis to make the decision on amount to assess each property homeowner for snow removal and road maintenance. Section 5. Whenever a property is sold, current owner must pass covenants and road maintenance information on to new owners. ARTICLE II/ARCHITECTURAL CONTROL Section 1 No Building, fence, structural wall, or other structures shall be commenced, erected or maintained upon the property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, heights, materials and location of the same shall have been submitted to and approved in writing, as to harmony of external design and location in relation to surrounding structures and topography by CHHA. Prior to the commencement of any excavations, construction or remodeling, of any structure therefore completed, there shall first be filed with CHHA two complete sets of building plans and specifications therefore together with a block and plot plan indicating the exact part of the building site the improvements will cover, and said work shall not commence unless CHHA shall endorse said plans as being in compliance with these covenants and are otherwise approved. The second set of plans shall be filed as a permanent record with CHHA. In the event CHHA fails to approve or disapprove such design and location within fifteen (15) days after said plans and specifications have been submitted to it. Approval will not be required and full compliance with this article will be deemed to have been made. PAGE 2 OF 7 ~~W~~:,:~ ;:;'~;~I¡;~;~~¡;n: ..,...........,...,.,. . l~n81"19 \.. 'J d , "f .C. e,-'CC·........O .j 'I -.., , t·."., '.,J ...-1 --....J --4.dj '-.j,,~ ., ARTICLE IIIIUSE RESTRICTIONS The lot shall be used solely for private, single family residential purposes, and there shall not be constructed or maintained thereon more than one single family dwelling and a private garage for not more than three vehicles. In addition, the lot shall be subject to the following restrictions. Section 1. No residential structure having a floor area of less than 1200 square feet, not including open porches, patios, and garages shall be erected or placed on any residential lot. No corrugated roofs. No tin roofs unless colored. Section 2. No buildings shall be located on any lot nearer to the street-front line than 30 feet there from, measured to the foundation of such building; nor not nearer than 10 feet to the rear lot line; nor nearer than 10 feet to the side lot line. For the purpose of this covenant, decks, steps and open porches shall not be considered as part of a building for the purpose of determining such distances, provided, however, that this shall be construed to permit any portion of a building, including decks, steps, or open porches to encroach upon another lot. Section 3. No building having a width of less than 20 feet at the minimum building setback line shall be erected or placed upon any lot. Section 4. No mercantile, manufacturing, or mechanical business of any nature shall be maintained on said land. Section 5. No animals of any kind shall be maintained for a commercial purpose. a. No pigs. b. No more than 3 adult dogs per residence. Pups must be relocated within 90 days of birth. No dOf!s at larf!e. Ifhomeowner has visitors, more dogs may be allowed for a period of not more than 30 days. c. Large livestock (horses, mules, goats, cows, sheep, and llamas) are restricted to 1 head per acre. (This does not mean one head of each type of animal per acre.) If homeowner has visitors, extra animals may be allowed for a period of not more than 30 days. PAGE 3 OF 7 Ii Of, ,." ':'" f..:;.1""'f (1 .J ..J ,~ .'-"i (j .'.. . ~ ('nOo08·0 ~.' V } d.No more than 6 chickens or ducks per property. Birds must be contained on homeowner's property. e. Homeowners shall practice good pature management so as not to create a nuisance to the neighborhood. Section 6. No obnoxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon that may become any annoyance or nuisance to the neighborhood. If conditions permit, fireworks will be allowed on the 4th of July and New Year's Eve only. Without limiting the generality of the foregoing, cars are not to be collected for mechanical repairs or stored outdoors on property once not operable for more than 90 days. Section 7. After the commencement of any building, or structure, or wall, permitted hereby to be constructed, the same shall be prosecuted to completion with reasonable diligence Section 8. No structures of a temporary nature, mobile homes, lean-to, garage, barn, or other out-buildings shall be used any time as a residence either temporarily or permanently. No old or second-hand structures shall be moved on to any of the said lots. It being the intent hereof that all dwellings and other buildings to be erected on said lots, or within said subdivision, shall be new construction of good quality workmanship and materials. Section 9. There is hereby reserved from each lot and the owner thereof an easement for the installation and maintenance of any types of utilities, together with reasonable rights of access to said easement. Section 10. No permanent billboard of any character shall be erected, posted, pasted or displayed upon or about said property, unless and until the form of design of said sign has been submitted to and approved by CHHA. Temporary signs such as election posters, garage sale signs, and for sale signs will be allowed as long as they are removed promptly upon completion of election or sale. PAGE 4 OF 7 ~~g~tEj ::{]~m~m~; '" ,-,'" - ...~,. > ,-~,~.':' ",,,C'.,,'.',,,',,,,''. ¡ ~~ ~ _. \ .~~;~ .11"- iT"~- ·V,. I -, (:;'-0 - '-"'''''-.l..:.:., .l ¡¡_:.'\:. ~ OnOS! .,i dO· Section 11. No portion of any lot shall be used or maintained for dumping of rubbish, trash, garbage or other waste. Such waste shall not be kept except in sanitary containers and removed in a timely manner. All equipment for the storage of such material shall be kept in a clean and sanitary condition. No rubbish, trash, papers, junk: or debris shall be burned on any lot. Safe, well-kept fire pits are allowed Section 12. No individual water supply system shall be used or permitted on any lot or group of lots unless such system is located, constructed and equipped in accordance with the standards of the State Health Department and approved by such authority, and unless such system is permitted and approved by CHHA which may deny approval if in its sole discretion, such a system would not be in the best interest of the Subdivision. Section 13. No barb wire or chain link: fence to be constructed between Subdivision lots. Fence must be of wood, steel panel, vinyl, or log construction ARTICLE IV/GENERAL PURPOSES Section 1. Enforcement Each and all of the said conditions, covenants and reservations is and are for the benefit of each owner of land and any interest therein in the said property, and shall apply to and bind the respective successors in interest. Each grantee of said property by acceptance of a deed incorporating by reference this declaration accepts the same, subject to all such restrictions, conditions, covenants and reservations. CHHA or any owner shall have the right to enforce, by any proceeding at law or inequity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the declaration. Failure by CHHA or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. A breach of any restriction, condition, or covenant may be enjointed, abated, or remedied by appropriate proceedings. PAGE 5 OF 7 ÜS:'S:G'-'O ". "..j 00882 No such breach shall affect nor impair the lien of any bona fide mortgage or deed of trust which shall have been given in good faith and value; provided, however, that any subsequent owner of said property shall be bound by said conditions, and covenants whether obtained by foreclosure or at a trustee's sale or otherwise Section 2. Violation Constitutes Nuisance. Every act or omission whereby any restriction, condition or covenant in this declaration set forth, if violated in whole or in part, is declared to be and shall constitute a nuisance, and may be abated by Grantor or its successors in interest and/or by any Lot Owner; and such remedy shall be deemed cumulative and not exclusive. Section 3. Invalidation of anyone of these covenants or restriction by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 4. All of the conditions, covenants and reservations set forth herein shall continue and remain in full force and effect at all times against said property and the owners thereof, subject to the right of change or modification by the CHHA hereinafter provided until July 1, 2221, and shall as then in force be continued for a period twenty years, and thereafter for successive periods of twenty years each without limitation, unless within the six months prior to July 1, 2221, or within the six months prior to the expiration of any successive twenty-year period thereafter, a written agreement executed by (70%) seventy per cent of the then record lot owners covered hereby be placed on record in the office of the Lincoln County Recorder, by the terms of which agreement any of said conditions or covenants are changed, modified or extinguished, in whole or in part, as to all or any part of the property subject hereto, in the manner and to the extent therein provided. In the event that any such written agreement of change or modification be duly executed and recorded, the original conditions and covenants, as therein modified, shall continue in force for successive periods of twenty years each, unless and until further changed, modified or extinguished in the manner herein provided for, by mutual written agreement of not less than (70%) seventy per cent of the then owners of record title of said property. PAGE 6 OF 7 ~~~m~!~u~~ :~:m~ill~~~]~¡: . .......~............'.. ¡' {~'('~ -.'1"'-':0 U ::j ~~ ~~ ~t . '.:", f'nº8Q VI,:O v Section 5. Formation of Homeowner's Association Coyote Hills Homeowners Association was formed on October 20,2005. The subdivision has been completed by Strawberry Construction Company and Barry Fullmer has passed on his voting right to the (10) ten property owners in the subdivision all having equal voting rights regardless of size of lot. By Homeowner Association Officer Signatures: President 71?~ Qr r YJ:~ 6iI d.. Morris A. Stewart Secretary/Treasurer ~;(. ~ Sandy L~~art MARGE BAllS Notary Public County of State of Lincoln Wyoming My Commission Expires May 25. 2006 IN WITNESS WHEREOF, the undersigned, has hereunto set its hand and seal this --1- day of ~.~ ~ " ....." ,.~ .1 0 0 ~ . Notary Public V'\~.(.. ó~ \ (j Commission expires Y'\,kl J-5 , J... 0 b <.. PAGE 7 OF 7