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HomeMy WebLinkAbout917047 ~¡¡¡!¡~im~m;i¡ ~ ~ ~~: '''~'.J~_ ·.·x.. '..,-"~,." ~'''--' .,....,"'.,._.._......... ... ...". ............~..,"'. .;"'_'~<>-O'.~,-.... "'...--. ""',>"", '.." .'.-._- '-~:.":""_",.,.,'.,, ..¡ ..~ §ÞfI !t J: 0 -¡! U ..öo~ UJ ";;3 ~ j-~ ~ fð 4.) , e:: -;9- 'H - ~'" :.æ1;J}~ Ft p!~bij ......."';.__,."-.--....~...."'..."~...,,...,....,.....J.,_.,,......'. , ....,. ....~............. ..-~.....,'".........,...... ".~. ,. . iJ 00495 f)ú DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS DOYLE F. CHILD FAMILY LIVING REVOCABLE TRUST DATED JUNE 1, 1992 PLAT OF TRACTS WITHIN THE S1/2SE1/4 OF SECTION 8 AND THE NE1/4 AND N1/2SE1/4 OF SECTION 17 T30N, R118W, LINCOLN COUNTY, WYOMING THIS DECLARATION is made as of March 23, 2006, by W. Tom Davis, Trustee of the Doyle F. Child Family Living Revocable Trust dated June 1, 1992, hereinafter referred to as "declarant", the owner of the property described on that certain Amended Plat of Tracts within the S1/2SE1/4 of Section 8, and the NE1/4 and N1/2SE1/4 of Section 17, T30N, R118W, Lincoln County, Wyoming ("the plat"), said plat being recorded in the office of the Lincoln County Clerk 6n March 23, 2006, as Plat No. 205-0, in the Forest Dell area of Lincoln County, Wyoming, and which is hereinafter referred to as "the land". The plat divides the land into four separate parcels known as Tracts A, B, C and 0 (sometimes referred to as "tracts"). NOW, THEREFORE, declarant hereby declares that all of the land described shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the land and be binding on all parties having any right, title or interest in the land or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I USE AND RESTRICTIVE COVENANTS (a) Each tract 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. (b) No noxious or offensive activity shall be carried on upon any tract, 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 tracts. In determining whether there has been a violation of this subparagraph recognition must be given to the premise that owners of any portion of the land are entitled to the reasonable enjoyment of the natural benefits and surroundings of the land. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively to RECEIVED 3/28/2006 at 3:56 PM RECEIVING # 917047 BOOK: 615 PAGE: 495 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMÈRER. WY 1.;- ...,...........,.,.,.......,.. , .,......,-...............,...... ......,,'->'<..............,,-..,......,_......,.........,. ,.,.. "-'.'--'., ".....,...,.,...,.....-..,..-. 0917047 CQ0496 protect the security of the land and improvements located thereon, shall be placed or used upon any tract. , (c) No domestic livestock animals or fowl of any kind shall be allowed on any tract except not more than 4 head of horses or mules, 2 head of cattle, 2 dogs, and 2 cats. Barking dogs constituting a nuisance shall be confined in a sound resistant enclosure during normal sleeping hours. (d) No signs whatsoever, except for "For Sale" signs not more than 30 inches square in size, including but without limitation, commercial, political and similar signs, visible from neighboring property, shall be erected or maintained upon any tract except for a wooden residential identification sign or archway. (e) No manufactured house, house trailer, mobile home, tent, teepee, shack or similar facility or structure shall be kept, placed or maintained upon any tract at any time. The terms "manufactured house", "house trailer" or "mobile home" as used herein includes but is 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 the 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, str~cture or vehicle, whether or not wheels and/or axles have been removed, after such building, structure or vehicle has been placed either temporarily or permanently upon a foundation. This provision does not prohibit placing tents, camp trailers or other temporary dwelling places on the property for a period of time not to exceed 10 days at a time. (f) All vehicles, including without limitation, motor vehicles, over-the-snow vehicles, trailers of any kind, truck campers, motor homes, or boats shall be kept in an enclosed area. No inoperative vehicle shall be kept on the premises for more than thirty (30) days. Over- the-snow vehicles shall not be used on the property except for purposes of ingress and egress and access from the property to lands administered by the United States Forest Service. (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 provide 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. 2 ijm~~~~~Æ~:¡L~ ~[~¡¡f!; :~ ,. !ff~¡1~ffItt~*~~i j";'j4;~r.rølf·'·;r, :::.':::.v.~~~:~~J.' '. ·:~~f~.~1.~~~~~~:¡ ~~~f!~~;ii{~~~·~ ..···,·.·.,.,·,· ·.·.·:~·,·.·.·.·.·I;·..........·I·>··..·.......t;_.#V...~",,.,.,'.., ",'., ..,'..,...,.......-'_,."".... ._.........w.·.......·.·.·.1 . . - ,. ,·;·.·.,·,.\¡.,,¥IP_-_.·.'-"U....'..,Y:N~ ..,..............,.'.. ... ..,.'....: .._.....~ .I..·......;,.;'......,..,,,..,. "', . "',"~' .."-:.~.¡....^,... 0917047 ("I()n497 \.' U \.: 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 land. Section 2. 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, brick, exposed aggregate concrete, or similar rough textured natural material. Roof materials shall be cedar shake or shingle. Ribbed metal roofing on reflective flat colored finish shall also be allowed. (b) Building Codes. All buildings must comply with the State of Wyoming. and Lincoln County Section 3. BUILDING DESIGN AND SETBACKS. (a) The minimum floor area of any single family residence shall be not less than fifteen hundred (1.500) square feet at ground level, exclusive of a garage, carport, or porches or decks and other outbuildings. All outbuildings constructed on the property shall have not less than four hundred and fifty (450) square feet of enclosed space therein at ground level. (b) 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. (c) Automobile storage shall provide for a minimum of two parking spaces in either a carport or a garage, for each dwelling unit. If a carport is used to provide the required indoor parking space, a fully enclosed and roofed storage space with a minimum floor area of one 3 \: . / , ." '".f ....,. ~"" ',', '.....", ..'...., r.'"~.' '. :.~~., .- . ".' :." . "":. .~- ~ .,'..:.....',.....". . ,..........-..-,.~~.."""... ,-""", , .,...., . ....,."...:I>,..~ .!,...".,... ..... . ,.~'... . ..._ '_;". ','...'.", 0917047 .: 00498 hundred (100) square feet shall be provided in addition to the carport. Parking spaces 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. (d) No building shall be located nearer than twenty-five (25) feet from any exterior property line. (e) No structure shall be erected, altered, placed or permitted to remain on the property which shall exceed either three stories in height or 38 feet maximum. Height shall be measured from the natural grade on the highest side of the improvement to the highest point of the roof or any projection therefrom, including chimneys. (f) All electric, television (except satellite dish receivers), radio, telephone, sewer, water, and all of the utility installations and connections located on the property shall be placed under the ground. (g) There shall be no exterior lighting of any sort either installed or maintained, the light source of which is visible from the neighboring property with the exception of a single porch light, and all exterior lighting shall be incandescent lighting. (h) All construction, reconstruction, 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 is 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 owner of any portion of the land who constructs any buildings is responsible to provide a private water system using a well and related structures. 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 water and sewer systems shall be maintained so as to not constitute a nuisance to the adjoining tracts. 4 ,I,i" ~~~mmm;tm~~~;;~ ~_;,. :.~;~~r~~~~f~¡m¡J~;~I;j ...,......'........,-, "'·'1 ..' :.,.;.,..,.............. .'. ,.-. ·,·,......,""_~··,··,·,·,·~:.··"...OC'.·,·..~-.... .....~.... ,',t : ;'. . ._.'. ........' 0917047 (.00499 Section 2. ACCESS AND UTILITIES EASEMENTS. An access duly authorized by the Wyoming Department of Transportation provides access from U.S. Highway 89 to the land. Each tract benefits from that access. In addition, each tract also benefits from access provided by Access No. 1 and Access No. 2 as shown on the plat. The purposes of the easements are to provide ingress and egress and all underground utilities to the respective tracts and include the right to inspect, construct. install, replace, repair and maintain any roadway or underground utilities in the easements. Each tract owner shall be responsible for a reasonable and fair share of the construction and maintenance expense of the Highway 89 access, Access No. 1 and any utilities, and Access No. 2 and any utilities, based upon the use made of each of them for the benefit of each respective tract. Section 3. EXCAVATION AND MINING. No excavation of any kind, including that for stone, sand, gravel or earth shall be made on the property except for such excavation as may be necessary in connection with the erection of any approved improvement thereon. No oil drilling, oil development operation, quarrying, or mining operations of any kind shall be permitted upon the property. Section 4. EXTERIOR FIRES. There shall be no exterior fires whatsoever except barbecue fire contained within receptacles and such fires as may from time to time be permitted by the Lincoln County fire regulations. Section 5. HUNTING. PETS. The following restrictions shall apply: (a) No hunting of wildlife of any sort will be allowed within the confines of the land. (b) All pets will be controlled at all times and will be fenced when not under the owner's immediate verbal command. Section 6. TRACT DIVISION. No tract shall be divided or subdivided into parcels of less than 35 acres in size. 5 ~, ,. ,~! / / ~ .... ........__.J..... ...., .. ...". ',~.-_.' ...,._.......'..,,....,'~.,..~'..,,., .- ". ',".' . ,., . OJ _ ',., ._. ... '. .~ ',,- ..~_... ..", " '....-._................~. '. .,' .....,". ... ~...~ .. ". ... ,..-.... ..,..,-....,...,..'.....' ;.,." .."..... ............:. 09:l7047 COC500 ARTICLE IV GENERAL PROVISIONS Section 1. ENFORCEMENT. Each grantee of a tract, any part of a tract, or any part of the land 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, and restrictions. Declarant or any owner of any portion of the land shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this declaration. Failure by declarant or by any owner to enforce any covenant, restriction, condition, or reservation 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. If such a proceeding is successfully brought, 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 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 and restrictions whether obtained by foreclosure or at a trustee sale or otherwise. Section 2. DEFINITION OF NUISANCE. Every act or omission: whereby any restriction, condition or covenant in this declaration is violated in whole or in part is declared to be and shall constitute a nuisance and may be abated by the declarant or his successors in interest or by any affected tract owner, and such remedy shall be deemed cumulative and not exclusive. Section 3. SEVERABILITY. Invalidation of anyone of these covenants, conditions and restrictions, by judgment 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 land and its owners subject to the right of amendment set forth below for a term of twenty (20) years, after which time they shall automatically be extended for successive periods of twenty (20) years. 6 I;;::::*¡:!::~:::~~ :~ I~:~~~~~:i:~'~ :~~.. í;?;"7i.~, ::~:¡:¡;::~::*::::::;: ·;·.·,'t·iI..6'.o......;., ~·~;~~m¡~m . ·.·.·.·...·.·.·.·.·I.~..·.:'·'7t .·"_,.·.!ë·\·,,...;..~........,s...·'!..:-....~"¡....r....,·'·.. ._-. ~".'. _. .......... ,.~~_,..!".'_,<,.òo..,.. .." . ,'. ",..'- .............y.."".. .. . ·'-·--",<_·J"._·~'G'.iot:'",.",t¡··~J·<LJJ'<-; ,I,.....<'~~ -,.....'._." . :"Õ'''''''''··Þ-'''-~·_'.· , ''''.,:'':'',;'' .·i·.~.:.;:-:":.:~_..· 091",70£\7 COOSO! This declaration may be amended at any time by an instrument in writing in recordable form signed by the owners of more than 50% of the land. An amendment becomes effective when the instrument is 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. 4tI~~NL;' W .1- om Davis STATE OF WYOMING COUNTY OF LINCOLN ss. On this J-.'l4 day of March, 2006. before me personally appeared W. Tom Davis, to me personally known, who, being by me duly sworn and put upon his oath, did say that he is the trustee of the Doyle F. Child Family Living Revocable Trust dated June 1, 1992, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustee had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustee acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. .~~#'~#'#~~#+#~~'#'###~A£.A~ l n~.¡< I Saundra J. MErril..' "Cla.ry Fub ·c ...~( Counly aJ ~laf. "I ~. t ~ , Lincoln ~"'': ,;,_; \. yorning :; ~' . My Commis!Ïon E.:¡;::, 3- 8'rJt:tJ1å ~HHHH#'''''#'UH'''H## My commission eXPires:»I¡1..¡ ¿t Q~~ ( VJð I 7 '~: ,. ..