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Home My WebLink About916299 RECEivï~D -2/2-7Î2006 ~4~19 PM ---------- RECEIVING # 916299 BOOK: 613 PAGE: 271 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY COO 2 71 ~ -----------~-------------------------------------------------------------------------------- space above this line reserved for recorder's use only GEM VIEW ESTATES DECLARATION OF COVENANTS, CONDITIONS, & RESTRICTIONS J0 THIS DECLARATION made on the date hereinafter set forth by GEM View Enterprises, LLC. hereinafter referred to as "Declarant", Witnesseth: Whereas, Declarant is the owner of certain property in the unincorporated area of the County of Lincoln, State of Wyoming, described on Exhibit "A' attached hereto and made a part hereof, hereinafter referred to as " the property", and said property is being developed by Gem View Enterprises, LLC, hereinafter referred to as " developer"; and Whereas, it is the desire and intention of the Declarant to sell the property described above and to impose upon it mutual beneficial restrictions under a general plan or sche~~ _ of improvement for the benefit of all of said lands and the future owners of those lands; 0___- and Whereas, Declarant will convey the said property, subject to certain protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth; NOW THEREFORE, Declarant hereby declares that all of the property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following easements, restrictions, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property and every part thereof These easements, covenants, restrictions, and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described property or any part thereof, and shall inure to the benefit of all the lands in said tract and the future owners of those land~. ARTICLE 1- DEFINITIONS Section 1. "Property shall mean and refer to that certain real property hereinbefore described. Section 2. "Lot" shall mean and refer to any plot ofland shown upon any recorded subdivision map of the property. Section 3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, and shall also include contract purchasers and the Declarant, but shall exclude those having such interest merely as security for the performance of any obligation. Section 4. "Declarant" shall mean and refer to Gem View Enterprises, LLC. ARTICLE 2- ARCHITECTURAL CONTROL Section 1. No building, fence, structural wall, or other structure shall be commenced, erected, or maintained upon the Prop~rty, nor shall any exterior addition to or change or alteration therein be ma~e until the plans and specifications showing the nature, kind, '." '.1; ~.:. ',..'..",..'. ,;.' I .. . ,/,'.. ':;1,1 ...., ,...." ,', ,',-, _. _.'~ , ~';;','.'.' I. .' '. ":"",:'-:,;,:-:';,;'.'_ " :;:::::f~:W::::::>; ::;::l:;::::::;:t:;;:,i.: ¡~o¡¡:¡:¡wo;iRiI;,' ,:t:r::~:::r::m:i:¡i¡ CO~.f)72 \,,.4. shape, heights, materials, and location of the same shall have been submitted to and approved in writing, as to the hannony of exterior design and location in relation to surrounding structures and topography by Gem View Enterprises, LLC "Developer". Prior to the commencement of any excavations, construction or remodeling of any structure theretofore completed, there shall first be filed with Gem View enterprises, LLC. two complete sets of building plans and specifications therefore, together with a block or plot plan indicating the exact part of the building site the improvements will cover, and said work shall not commence unless Gem View Enterprises, LLC. 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 pennanent record with Gem View Enterprises, LLC. UBC standards shall apply on all phases of construction and Developer shall approve or disapprove plans. In the event "Declarant" fails to approve or disapprove such design and location within 30 days after said plans and specifications have been certifiable submitted to it, approval will not be required and full compliance with this Article will be deemed to have been met. ARTICLE 3- USE RESTRICTIONS The Lots shall be used solely for private, single family residential purposes and there shall not be constructed a private garage for more than three {3} cars. In addition the Lots shall be subject to the following restrictions: Section 1. No residential structure having one level shall be less than 1000 square feet, not including open porches, patios and garages. No residential two story structure having a floor area ofless than 750 square feet, not including open porches, patios, and garages, shall be erected or placed on any residential Lot. No corrugated roofs and no tin roofs unless colored. Two level homes are suggested to be walk out basements to keep profiles low. No home shall be constructed as to impair drart1atically the view of pre-existing homes. The Developer, Declarant, will research viewpoints, and approve each site as they are presented. The overall intent is hannony and appreciation of the homes and overall subdivision. Section 2. No building shall be located on any Lot nearer to any real Lot line or buffer easement being a matter of record, than 50 feet thereftom, measured to the foundation of such building or vertical line of eaves, steps, or open porches. Section 3. No building having a width ofless than 20 feet at the aforementioned setback shall be erected or placed upon any Lot. Homes shall be conventional built on site construction. Log homes are considered conventional for the purpose of this article. Section 4. No mercantile, manufacturing, mechanical, or trade business or business establishment of any nature shall be maintained on said land. Certain allowances may be allowed upon presentation and consideration by the Developer if not defeating the overall intent of these covenants. Section 5. No animals of any kind shall be maintained for any commercial purpose. Section 6. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon that may be or become an annoyance or nuisance to the neighborhood. Without limiting the generality of the foregoing, cars are not to be collected for mechanical repairs. ". ... ·:':-';CV"!,'.<Ó ~,~.~;! õ',,·.:, '"~''' ...' t'~i ',t.'~,~}f,"l'l:';·"!,\ ,t;,- ......; ..~. ~.. '. .... .'-' ',I' "....'....'ft. "."<'..-'U":mt ""i:"iI1i:'~.~:. '~..¡,Uf¡J.~l4o~l;\'A;-, '_ ...'. __'J;...r...~.~....,¡t.........-.'. ,'. t·,·. .., , .·;',~t',.,-,..',.::>...·" ......::' .-,_. .' ,_.. ">~r~,, "'.I.r'~"~J':{':..~;:~..·~;..~~.¡¡o;';\;'-.,--;,.'.I...~~.""¡'t,\t.,..........~t..... _, ,_ .... / (0.;', (1916r':O,(), Jo .I.,-#'....~J t. 00'027"3 Section 7. After the commencement of any building, structure, fence 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, trailer, basement house, tent, shack, garage, barn or other outbuilding shall be used at any time as a residence either temporarily or permanently. No old or second hand structures sháll be moved onto 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. All slopes or terraces on any Lot shall be maintained so as to prevent any erosion thereof upon adjacent streets or adjoining Lots. .. Section 1 O. There is hereby reserved from each Lot and the owner thereof an easement for the installation and maintenance of all types of utilities and draining facilities, together with reasonable rights of access to said easement. Section 11. No billboard of any character shall be erected, posted, painted or displayed upon or about said property unless and until the form and design of said sign has been submitted to and approved by "Declarant,-Developer" Section 12. No Lot shall beused or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Such waste shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and no rubbish, trash, papers, junk or debris shall be burned upon any Lot except within a standard incinerator. Section 13. 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 Gem View Enterprises, LLC., which may deny approval if, in its sole discretion, such a system would not be in the best interests of the subdivision. Section 14. No barbed-wire fence or chain-link fence. Fence shouldbe of wood or log construction. Fences are still on the table for consideration. ARTICLE 4-GENERAL PROVISIONS Section 1. Enforcement. Each and all of said conditions, covenants and reservations is and are forthe benefit of each owner ofland or any interest therein in the said property, and each thereof shall inure to and pass with each and every parcel of said property, and shall apply to and bind the respective successors in interest. Each grantee of any part or portion of said property by acceptance of a deed incorporating by reference this Declaration accepts the same, subject to all such restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the" Declarant" 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. 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 for value; provided, however, that any subsequent owner of said property shall be bound by . ~'·'!'·'''''''I",,-,:,,,,,;~~,,,,,,,,,,~_:·~,,.~:!;r.;~;·~!,,It·i:t~_ ,.:..._..., .. , ... '-_"~'.. :0,";',' ~".,'t:';~ '...¡,....'"t1,:,qo:¡,'¡.\."(t,,~¡,<;;,.... ,'. ;:':('~'~':«:';';';';'.':- ;- " ',' L--~;';'::';""'''~·Â,': '.,... ',;'.1".;:;0,:'-.'-:;·,\1:'.·,·,1.1:·1_:;;,.,..:.....;.:,;1:1;';1;1;,~,:r.':':~.I;';· ¡lli~fmIE}; 091.62~,~~9 00('274. the 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. Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 4. Duration of restrictions. 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 hereinafter provided until January 292031, and shall as then in force be continued for a period of twenty five years, and thereafter for successive periods of twenty five years each without limitation, unless within the six months prior to January 29,2031, or within the six months prior to the expiration of any successive twenty five year period thereafter, a written agreement executed by seventy per cent [70%] of the then of record Lot owners covered hereby be placed on record in the Office of the County Recorder of Lincoln County, 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 five years each, unless and until further changed, modified or extinguished in the manner herein provided for, by mutual written agreement of not less than seventy per cent [70%] of the then Owners of record title of said property. t¡;a::::::::::~?-:~ fill"""""·"'." "-I"·I'.II'.·.·.',·~ ',. ". IN WITNESS WI-ÌtREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this \<ß day o~.."""('y 2006. ~ j . ~ Gem View Enterprises, LLC~:J - , . c/o James I. Ridge 1239 N.2200W Preston, ill. 83263 State ofIdaho ss. County of Franklin Notary Public On the day of 2006, personally appeared before me James I. Ridge, President of Gem View Enterprises, LLC.,who duly acknowledged to me that he executed the same as his free act and deed. ';....;'.:O!,.'.!,;.~..::;, l'"':1.'; --;'~I'·;i~;'~¡'·";~ :,:,;. <:t:!:u.r:t,; J¡'", ','n·,,~·¡,<.';";'¡;'~'; ;i::':'I';;;',·~-,J,.."';', ,', .;"....'~'..~..I;'...' ,'_ '. ' ..~, " ,;.: ,;"': !". ~I:':I: ':', ' n~·~1 (:'299 ,_ >J .... J 0(11\,2"5 All-purpose Acknowledg ment . STATE 0' :1dttho . COUNTYO'-=ü--cuì l{¡n On 0 f /, 0/ d-O 0 l...P before me, the undersigned, a Notary Public in and for said State, personally appeared 12 \(j' . - :rarn~s I IH_q¿ ~SOnaIlY known to me -OR- 0 proved to me on the basis of satisfactory evidence/ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. \ Signature I ~~ Name (type or printed) C: U ,. , f r::' L I D .een \ '-\'1\ OIo/tO)ðOLL My commission expires: I HlUm (U-G! 72115) ,,~,.:.,.:~;.o:.,",;"..:.\-;~;;:. ,.,~¡ :"::'·"'Ô·'-"!''''~·'Ct:''''t2'';;_'·....Y.'' ..:.,'.£¡,..-::·i'-';hW~~"'~~~~:iF,.I,'t'.¡.. ,·,:.·,-·r:,'.,·.(r..¡.J....~IJ".M;t;.:¡;-;,,-,;,..:.';'.', ',' ·...¡;¡J!'~i="....:-..'.'"'.r,...!-¡~,¡,-._i'~:i).'.£p.~..t'!":<V,"'-~:'!.I.t~..n-:':t:':uf;;h!.:~:'--r.t;r.t:;t~,.;Jó,';; .:, !ij;mi~~¡imm¡~~~