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HomeMy WebLinkAbout918876 ..,..-.......... CO(452 t>'6 Charles Luthy Builders, Inc. To The Public /? Protective tovenants For Frontier Industrial Park Subdivision ,/ KNOW ALL MEN BY THESE PRESENTS, that Charles Luthy Builders, Inc., a Wyoming corporation, whose address is 120 E. Elk Street, Kemmerer, WY 83101, all such right, title, interest, property, possession, claim and demand, as it may have or ought to have, in and to the following described premises to wit: All of Frontier Industrial Park Subdivision, Lincoln County, Wyoming as described on the official plat thereof, also described as follows: Part of Lots 6 and 7 of Section I T21 N Rl16W of the 6th P.M., Lincoln County, Wyoming, does hereby covenant, agree and make the following Declaration of Protective Covenants: ARTICLE I: INTENT AND SCOPE OF CONVENANTS Section I: Intent. This Declaration of Protective Covenants is intended to facilitate and regulate the construction and placement of appropriate improvements within the subdivision, as well as the proper use of the property for the purpose of preserving and enhancing the value, desirability and attractiveness of the Frontier Industrial Park Subdivision. Section 2: Scope. This Declaration of Protective Covenants applies to Part of Lots 6 and 7 of Section I, T21N R116W of the 6th P.M., Lincoln County, Wyoming. ARTICLE II: DEFINITION OF FREOUENTL Y USED TERMS Section 1: "Committee" shall mean and refer to the Architectural Control Committee as established pursuant to Article IV of this Declaration of Protective Covenants. Section 2: "Declarants" shall mean and refer to Charles Luthy Builders, Inc. executing this Declaration of Protective Covenants. Section 3: "Owners" shall mean and refer to the record owner(s), whether one or more persons, of fee simple title of any Tract (or in the event of a "Contract for Deed" transaction involving any Tract, the Purchaser(s) thereunder), but, excluding those having ¡;uch interest solely as security for the perfonnance of any obligation, in which event the equitable owner of such fee simple title shall be deemed to be the Owner thereof. Section 4: "Subdivision" shall mean all of the real property within Frontier Industrial Park Subdivision, subject to this Declaration of Protective Covenants (as described above in Article I, Section 2). ARTICLE III: USES AND RESTRICTIONS Section 1: Principal Use: It is intended that the Tracts within the Subdivision shall be used and occupied as rural residential homesites for the full enjoyment of the Owner thereof subject to the covenants contained herein. RECEIVED 5/30/2006 at 11 :59 AM RECEIVING # 918876 BOOK: 621 PAGE: 452 1 ~¡¡¡¡:!::::::\'\NNE WAGNER &ili;i._¡1'·j·".1 LINCOLN CÔUNTY CLERK, KEMMERER, WY ~~imm~!;~IE~¡j -_'.'''''._''-_''''.""'_-''-",,-~.,._-,... .-. -'.-',_.'...........'........'.~.'., - - . -'\¡ ~~)r"1'" O~ ~~" ._K'J "Ö r'nr4~3 \'M"'.,,'... U Section 2: Nuisances: No noxious or offensive activities constituting a nuisance shall be permitted on any Tract within the Subdivision. For purposes of this section, a "nuisance: shall be construed in light of case law precedent for the State of Wyoming. Notwithstanding the aforementioned, the purposes of this section, the following activities upon any Tract shall be deemed a nuisance per se: discharging fireworks; discharging firearms and lor hunting; leaving any trash containers out in the open, see Section 5; operating all-terrain vehicles (ATVs) or other off-road recreational vehicles within the Subdivision (except upon the public roadways if properly licensed and observing ai I traffic laws or upon the Tract owned by the owner of the vehicle in a manner so as not to disturb the serenity of the area). Section 3: Commercial Enterprise: No commercial business activity other than a home occupation use in conformance with Section 4 beJow may be conducted upon any Tract within the Subdivision. Section 4: Home Occupations: Home occupations are permitted; however, nothing in this section shall be construed to relieve any person fÌ"om compliance with any and all City and/or County zoning regulations applicable to home occupations. The Owner shall be responsible to determine which regulations govern Owner's intended and actual home occupation use and shall be responsible for complying with those regulations. In addition to, and notwithstanding anything in the City andlor County zoning regulations to the contrary, all home occupation uses within the Subdivision shall be in compliance with the following restrictions: (A) There shall be no offensive noises, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line. (B) No storage or display of business materials, goods, supplies, or equipment tractors and/or other heavy equipment shall be visible from the outside of any structure located on the property. (C) There shall be only incidental sales of stocks, supplies or products to customers andlor clients on the premises; however, catalogue, postal and/or telephone sales are permitted. Retail trade or any other business activity involving customer traffic on a non-incidental basis is prohibited. (D) Employees working on the site ofthe home occupation shall only be bonafide and fulltime residents of the home dwelling, which is situated on the Tract. (E) Notwithstanding anything hereinabove to the contrary, the following businesses shall not be allowed as home occupations upon any Tract within the Subdivision: 1. Body or mechanic repair to include any modification, assembly or painting of motor vehicles and repair of internal combustion engines, or any business where the following services are carried: general repair, engine rebuilding or reconditioning of motor vehicle collision service such as body, frame and fender straightening and repair, painting and undercoating of automobiles andlor the sale of engine fuels, motc'r oils, lubricants, grease, tires, batteries and accessories. This exclusion is not intended to prohibit an Owner from working on hislher own personal vehicle(s)- including maintenance, repair, refurbishing, rebuilding- as long as such activity is within a completely enclosed garage or outbuilding which completely screens the sight and sound of the activity from adjoining property. 2. Any other home occupation which is determined as noxious, offensive, or annoying by the written vote of no less than seventy-five percent (75%) of the then record Owners of the Tracts within the Subdivision. 2 "'~G,,\j ~8"W~).f' ~f,.J ...'11.. '..:) . "Q COC454 Section 5: Dumpin!!ITrash. No Tract shall be used or maintained as a dumping or storage ground for rubbish, scrap, debris or junk including, but not limited to, junked cars, appliances, building materials, tires, etc. Trash, garbage, or other waste sha1l be kept only in sanitary containers, which are emptied on a regular basis. Any dumpsters or trash containers kept in sight of any main roadway shall be inside an architecturally compliant enclosure. No outdoor burning oftrash or any other rubbish is pennitted. A Tract Owner bears the responsibility to ensure at all times that no trash, debris or material of any kind be allowed to blow off the Tract. Section 6: Excavation. No retìning, quarrying or mining operations of any kind shall be permÍt1ed upon and/or in any Tract. Nor shall underground fuel tanks, excavated tmmels, mineral excavations or shafts be permitted upon and/or in any Tract. Section 7: Vehicles. No vehicles, trailers, or any vehicular equipment shall be parked along any of the public roadways, which serve the Recorded Record of Survey. No vehicles of any type which are not owned and registered with the current record owner of said Tract shall be parked outside on a long term, seasonal or storage basis on any Tract. It is encouraged that RVs fifth- wheels, camp trailers, horse trailers, boats, boat trailers and the like be parked in garages and/or approved outbuildings, however, the outdoor parking of no more than two (2) of said types of velúcle shall be permissible provided said vehicles are situated away from the general view of adjacent landowners and away Jrom the roadway side of any house. Unlicensed, unused, stripped- down, partia1ly wrecked, immobile or inoperative vehicles must be parked within a garage or outbuilding. Truck-tractors and/or semi-trailers are prohibited. Commercial two-axle vehicles, which are twenty (20) feet in length or greater are not permitted to park anywhere within the Subdivision. Section 8: Mobile Homes and Relocated Homes Prohibited. All home construction shall be new, on site construction, and no mobile homes and/or modular homes shall be permitted. Pre- existing "stick-built" homes proposed to be relocated from other locations are also not permitted. Section 9: Temporary Structures. No structure or a temporary character (such as a tent, shack, barrack, garage, bam or other outbuilding) shall be used on any Tract as a tàmily dwelling, either temporarily or permanently. Approval for a storage shed may be requested of the then authorized Architectural Control Committee. Section 1 0: ~. No sign of any kind shall be displayed to the public view on any Tract Except as follows: (1) One sign of not more than five square feet advertising the property for sale of rent; and (2) Signs of no more than 32 square feet used by a builder to advertise the property during the construction period only. Section 1]: Single Family Homesites/further Division Restriction. No structure other than one private single-family dwelling together with a private garage and/or appropriate outbuildings and barns as provided for herein after shall be erected, placed, or permitted to remain on any of the Tracts. No Tract within the Subdivision may be further divided into Tracts smaller than 4 acres. Section 12: Antennas and Satellite Dishes. One (I) television antenna (and/or a specialty antenna utilized for purposes other than television) is acceptable provided the same is less than twenty-five feet (25') in height, and which such signal shall not interfere with any neighbor. Television satellite dishes two feet (2 ') or less in diameter which are affixed to a home, or which is ~~.~iI~(¡¡ .., .) T~Q. ...:;¡ ~:(~.)I""j[· ~þ .:] ..."io~ '.J C') " .t) (' ;ì r L' ~ t; "._ '.}~.. :i: \J u situated within twelve feet (12') of the side of a home, is acceptable without prior Architectural Control Committee Approval. ARTICLE N: ARCHITECTURAL CONTROL Section 1: Architectural Control Committee. An Architectural Control Committee for the Subdivision is hereby constituted. The initial Architectural Control Committee shall consist of Chuck Luthy, Justin King, and Stacy King. All notices to the Committee required herein shall be sent to: Charles Luthy Builders 120 E. Elk Street Kemmerer, WY 83101 All committee actions or decisions shall be by majority vote. The Committee may designate a representative to act for it, which representative mayor may not be a member ofthe Committee. Neither the members of the Committee, nor its designated representative, if any, shan be entitled to any compensation of any kind for services performed pursuant to this covenant. In the event of a vacancy due to the death, termination, or resignation of any member, the remaining member(s) shan have full authority to designate a successor in which case notice of the successor's identity shall be recorded in the Office of the Clerk and Recorder of Lincoln County, Wyoming. The approval or consent of the Committee or its representative on matters properly coming before it shall be conclusive and binding on all interested persons. Any approval or pennission granted by the Committee shall not be construed to constitute approval or permission by any governmental official, commission, or agency. During the construction phase, or at any other applicable time, Owner shall be solely responsible for obtaining any and an permits, applications, or other written instruments required by any private, public, or governmental agency. Section 2: Submission to Committee. No home, outbuilding or barn shall be constructed or erected on any Tract within the Subdivision until submission requirements in the following Section have been complied with and the Committee has approved the submission data. Section 3: Submission Requirements. Prior to the initial construction of a home, outbuilding or barn, the Owner must submit the following data to the Committee: A. A plan for the proposed home, outbuilding or barn which shall include the following infonnation: square footage, floor plan, drawings of exterior elevations of the structure, and specifications describing the external colors and materials including the rooting materia1. B. A site plan of the Tract showing the location of all proposed structures, well and septic system. C. Any other infonl1ation as may be required by the Committee in order to ensure compliance with the requirements ?ontained herein. Section 4: Approval Standards and Procedure'). The Committee shall consider the submission data in light of the requirements, restrictions, intent and spirit of the Declaration of Protective Covenants. Approval shall be based upon, among other things: compliance with the terms ~. <nICHi 1~~,:)f-"1:' ~_V ,_J ~'!. d Cj .;¡ '-1 r ,,) r -1 ~ 6 "",; I.' l..r u provided for in Article V entitled "Standards Relating to Improvements:" reasonable aesthetic appeal (including colors, materials and designs); the proposed location ofthe home or outbuilding in relation to the topography, the roads, and the adjacent Tracts; and conformity and ham10ny of the proposed home or outbuildings and/or the use of the Tract with the intent and spirit of all provisions in this Declaration of Protective Covenants. The committee shall infonl1 the applicant of its decision within twenty (20) days of the submission of all the required data. In the event the Committee disapproves of any submitted plans, the Committee shall, if requested, make reasonable efforts to assist and advise the applicant in achieving an acceptable submittal. The denial of any submission shall be accompanied with a written statement of the basis for the denial. The Committee or its representative shall not be liable for any claims, charges, or damages of any nature whatsoever by reason of any approval or disapproval by the Committee or its representative with respect to any submission made pursuant to this Article. Section 5: Renovations. No substantial alteration or renovation of the exterior of any home or outbuilding situated on a Tract shall be performed without receiving Committee approval of the same after complying with Article IV, Section 3, hereinabove. Section 6: Commencement and Completion of Approved Construction. Once construction begins, any home or improvements or alteration thereto approved by the Committee shall be diligently pursued to completion. All homes and other improvements on any Tract shall be substantially completed within two (2) years after commencement of construction unless the Committee establishes a longer period at time of the approval of the construction plans. ARTICLE V: STANDARDS RELATING TO IMPROVEMENTS Section 1: General. The following standards create a minimum code of uniformity for the construction of homes and/or outbuildings within the Subdivision. Section 2: Minimum Square Footage. The principal dwelling on any Tract must have a minimum ful1y enclosed ground-floor area devoted to living purposes of no less than twelve hundred (1200) square tèet; except if said dwelling has muJtiple levels, the minimum living area of the first floor area may be reduced, provided that the total living area ofthe multiple levels is not less than two thousand (2000) square feet. Said minimum square footage standards are exclusive of basements, porches, terraces and attached garages. Section 3: Completion of Primary Residence. The Owner must have construction of the Primary residence started within two (2) years from the purchase date of the Tract. The primary residence must be completed within two (2) years from start date of construction on the residence. Section 4: Additional Criteria for Home Exterior. Unless otherwise approved by the Committee in writing, a home constructed on any Tract must have no less than twenty percent (20%) ofthe exterior surface covered with appropriate masonry, stone, and/or dryvit (or similar type of exterior insulated finish system), exclusive of fireplace chimneys. Roofing materials must be approved by the Committee and may include "T-Iock" and/or laminated asphalt shingles with minimum twenty-five year manufacturer warranty. 5 j~~~~¡;~m~mj~J :::;¡ij!ju¡¡¡m:;· . _"J .rìt·,¡~)r· ,r.· ~ '1..}.·· 'lÎ t""" c'" It Ö Il_ JI ....~J ...'b --Y -:I' (. .. '\ Î ·1 ~ t") '-' .. '. l..J: 0 ( Shake shingles, Woodruff shingles (or equivalent brand), tile, or other roofing products are approved by the Committee. Section 5: Attached Garages. All dwellings on any Tract shall have no less than a t\VO (2) car attached garage. Section 6: Location and Orientation ofImprovementslMinimum Building Setbacks. A site plan depicting the location and orientation of all proposed improvements must be submitted and approved by the Committee as provided for in Article IV hereinabove. The proposed location and orientation of improvements upon a particular Tract are important factors considered by the Committee taking into account, among other things, the topography of the particular Tract, the views, and the desire to maintain a maximum degree of symmetry, harmony, and balance among all improvements situated within the Subdivision. Inasmuch as each Tract and the intention of each Owner for construction there on presents a unique setting, each site-plan sha]] be evaluated and approved by the Committee on a case-by-case basis rather than attempting to specify detailed requirements for the location and orientation of improvements herein. As a General rule, however, the following minimum criteria shall apply subject to the case-by-case evaluation by the Committee during the approval process. With respect to proper orientation of a home upon a Tract, any home shall (unless otherwise approved by the Committee) be situated upon a Tract so that the front elevation ofthe home generally tàces the road from which the home is accessed. Additional1y, the Committee may consider the topography of a Tract, which merits the orientation of a home in a manner other than described in this paragraph. With respect to the location of improvements upon a Tract, the following minimum setbacks shall be required in relation to front, rear, and side property lines. The minimum setbacks for the front of all Tracts shall be no less than forty (40) feet. The minimum setbacks tòr the sides of all Tracts shall be no less than forty (40) feet. The minimum setbacks for the rear of all Tracts shal1 be no less than forty (40) feet, unless otherwise approved in writing by the committee. Variances to the front, side, and rear setback requirements as set forth hereinabove may be granted by the Committee on a case-by-case basis. With the exception of fencing, in aU cases the aforementioned setbacks sha]] pertain to any and aU penn anent improvements of any nature including, but not limited to, wells and septic systems. An Owner may combine two or more Tracts as a homesite subject to the follo\,'ing considerations: An Owner combining two or more Tracts as a homesite must carefully consider the placement and location of any home dwelJing, outbuiJdings and/or barns to be constructed upon the combined tracts in light of the possible future separation and sale ofthe combined Tracts individually. In these regards, when selling individual Tracts that were previously combined, each Tract (when separated) is subject to the minimum setback requirements as set forth hereinabove. Furthermore, these covenants prohibit the erection of an outbuilding and/or barn prior to the construction of a residence (see Article V, Section 6 and 7 hereinafter). Similarly, an Owner who has combined two or more Tracts as a homesite and who has constructed a home dweUing on one of the Tracts and an outbuiJding and/or born on the other Tract, may not separate the Tracts for individual sale unless demonstrating to the satisfaetion of the Committee that a residence shaH also be timely constructed upon the Tract with the outbuilding and/or barn. The purpose of the preceding provision is intended to prohibit the use of an outbuilding and/o:' barn if the Owner does not also reside in a home dwe11ing upon the Tract. Notwithstanding anything hereinabove to the contrary, the interior lot lines of 6 I' ·f\o.~' ~~I"'''¡'' . ¡_V~]I·J':_~ð\.'J .¡ Ü r .) '"'... _ \.' d¿." ~'\ 8 '.. .; \·x u combined Tracts may be disregarded and the applicable setbacks sha1l be computed from the exterior lot lines of said combined parcel if the combined parcel is not, thereafter, separated. The interior lot lines of said comhined parcel may be disregarded and the applicahle setbacks shall be computed form the exterior lot lines of said combined parcel. Section 7: Outbuilding. No more than one (1) outbuilding (not including barns) sha11 be permitted on any Tract. Unless otherwise approved by the committee in Writing, the maximum size of any outbuilding shall be 3200 square feet and the maximum height of the sidewalls and/or eaves of any outbuilding shan be 20 feet. The distance and location of an outbui Iding in relation to the home and other improvements must be approved by the Committee; the intent being that the respective improvements must be appropriately integrated. Any plan for an outbuilding must be submitted and approved by the Committee as provided for in Article IV hereinabove. The additional criteria for home exteriors (in Section 3 above) do not apply with respect to outbuildings. The Committee sha]] permit engineered, pretàbricated metal buildings subject to approval. Section 8: Barns. In addition to an outbuilding as provided for in the preceding section, one (1) barn/stable facility shan be permitted on any Tract Unless otherwise approved by the Committee in writing, the maximum size of any barn/stable facility shall be 2400 square feet and the maximum height of the sidewalls and/or eaves of any ham/stahle tàcility shall be 20 feet. The distance and location of a barn/stable facility in relation to the home and other improvements must be approved by the Committee; the intent being that the respective improvements must be appropriately integrated. Any plan for a barn/stable facility must be submitted and approved by the Committee as provided for in Article IV hereinabove. The additional criteria for home exteriors (in Section 3 above) do not apply with respect to barns. The Committee shall permit engineered, pretàbricated metal barns subject to approval. Section 9: Tract Approaches and Protection of Ground Cover. An approach for vehicular traffic onto a Tract must be instal led at the commencement of any construction upon said Tract in order to protect the shoulders of the road and the natural tur[ The approach must be pennitted and buHt to county standards for Lincoln County, Wyoming. Owners shall direct all vehicular traffic, for construction purposes or otherwise, to enter and exit only upon said approach and to use one path leading to and trom the construction site in order to protect and preserve the native ground cover. Section 10: Interior Access to Tracts. AIl Tracts within Subdivision shal1 be accessed off of the interior road\-vays situated within the subdivision. Section 11: Utility Connections. All utility lateral and/or services extensions fi'om the metering device to the home and/or other improvements shall be underground. Section 12: Fences. Privacy fencing and/or boundary fencing is allowed subject to Committee approval. Any and a1l boundary fencing to be constructed subsequent to the time of the filing of these covenants shall not include barbed wire, sheep wire, or steel "T-posts" unless approved by the Committee. ~iliIillTI: 7 ;j~]l¡¡~~~¡ilimit .-.-.-". ........ , ¡ , 'Q '\i ~ì ~;'¡.I·' j fl·": fZji.J "''''J-:$ '-_J <J "-j r ..... r", .'1 :- 9 :_, U l' L.t ;) Owner must keep fencing in a state of good repair and must promptly remove any accumulation oftrash and/or debris against the fence. Section 13: Maintenance of Homes and Improvements. All Owners shall maintain or provide for the maintenance of homes and improvements upon their Tracts. Tracts shall be kept free from noxious weeds, which in the reasonable opinion of the Committee, constitute a nuisance or are likely to spread to neighboring property. Section 14: Similarity in Housing. A proposed dwe11ing, which has an exterior elevation appearance substantially similar to a dwe11ing already existingl under construction, or previously approved for construction may not be built in close proximity (as the Committee determines "close proximity") to the dwelling already existing, under construction, or previously approved for construction. Section 15: Outside Flood/Area LÜ!:hts. Unless otherwise approved by the Committee, only one (1) freestanding light pole for automatic all-night Hood/area lighting, of the type available through PacifiCorp, is acceptable on any Tract. This paragraph is not intended to otherwise prohibit other exterior lighting incidental and/or attached to homes, outbuildings and/or barns. Section 16: Rebuilding or Restoration. If any residence or other improvement is destroyed in whole or in part by tire, windstorm or from some other cause, it must be rebuilt or all debris must be removed and the Tract restored to a sightly condition. Any such rebuilding or restoration must be commenced within three (3) months after the damage or destruction occurs and, thereafter diligently pursued to completion within a reasonable time- not to exceed one (1) year after the date the damage occurred unless a longer period is otherwise approved by the Committee due to unusual circumstances. ARTICLE VI: LANDSCAPING Section 1: Landscaping. In order to enhance each Tract and homesite and to promote a harmonious and integrated appearance among aU Tracts, the fonowing minimum landscaping standards shall apply: A. Trees. Within two (2) years aner the completion of construction of the primary residence, an Owner shall plant and maintain no less than three (3) trees of any variety. Nothing herein shall be construed to prohibit an Owner from planting any number of trees. No unsightly shelter or wind protection from trees such as used tires or otherwise determined by the Committee shall be pem1itted. Any dead trees shall be removedtrom the premises. B. Turf/Yards. Soil immediately surrounding a homesite, which has been disturbed during the construction phases, shall be reseeded with a native turf mix or other grass of Owner's choice within one (1) year after the completion of constmction ofthe primary residence. The lIse of drought-resistant and/or low-maintenance grass is encouraged for purposes of a groomed lawn. Trees, shrubs, or other landscaping elements such as rocks, wood chips, bark and mulched or graveled materials are also acceptable. All Tract Owners shall be encouraged to comply with any watering restrictions that the Lincoln County Officials may deem appropriate. . 8 "- -, ,~" .... -'I '6,;' -') IvÍl' "~1 -- ~ ,rVCJ¡ '~ t"'~ ('1 l 'Z) "'~.J; ...:'1. ..~... ~_\J - ARTICLE VII: ANIMALS ,.., Î\ " ¡, C6·0' "" :£ Section 1: Domestic Pets. Commonly accepted domestic pets may be kept on alJ Tracts provided they are not maintained or kept for commercial purposes. AU such domestic pets wjlJ be lmder the control of the owner at all times and will not be allowed to run free off of Owner's Tract. No animal of any kind sha11 be permitted which in the opinion of the Committee makes an unreasonable amount of noise or odor or which is a nuisance. Section 2: Horses or LJamas. Horses and/or llamas shaH be permitted on a11 Tracts within the recorded Subdivision subject to the fo11owing conditions and requirements: No more than a total of four (4) horses and/or ]]amas, co]]ectively, may be kept for recreational purposes on each Tract. The maximum number of horses and/or Uamas per Tract may be exceeded by one (1) horse and/or llama only in the event of the birth of an ot1spring; however, this exception shaH expire after one hundred and eighty (180) days. In any case where an Owner elects to have horses and/or Hamas, upon the Tract pen11itted, adequate barn/stable and con'als, and adequate non-grazing feeding arrangements must first be demonstrated to, and approved by the Committee. Due to the rragile natural vegetation horses and/or Uamas must be kept in adequate barn/stable and corrals. Under no circumstances shalJ extreme and/or severe grazing be pemlitted. The boarding of any animals not belonging to the Owner ofthe Tract is prohibited. The operation of commercial stables and/or riding arenas is prohibited. Approved barn/stables and corrals sha11 be maintained in compliance with the lawful sanitary regulations. Riding arenas, which necessitate the tilling of the soil for the arena bed, must be approved by the Committee and shall be evaluated in tenus of the size of the proposed area to be tilled and the location of the particular Tract. Section 3: Other Farm Animals. As a general proposition, other farm animals such as swine, chickens, and the like shall not be permitted on a permanent basis. This covenant is not intended to prohibit 4-H, FF A or other similar non-commercial projects limited in scope and duration subject to written approval of the Committee. Section 4: Other Animals. Other animals, not refelTed to in Sections 1,2, or 3 ofthis Article may be evaluated and aJlowed, on a case-by-case basis, subject to Committee approval. ARTICLE vrrr: EASEMENTS Section]: Utility Easements. Utility easements as shown on the recorded plat for Frontier Industrial Park Subdivision are granted within the Subdivision for wires, electricity lines, gas lines, telephone lines, or any other public or quasi-public utility service purposes together with the right of ingress and egress at any time for the purpose of further construction and repair. Said utility easements as depicted on the recorded plat for Frontier Industrial Park Subdivision, are road right of way and electrical power lines. NOTHING IN THIS PROVISION SHALL BE CONTRUED BY AN OWNER TO ALLEVIA TE THE RESPONSIBILITY TO PROCURE. AT HISIHER EXPENSE. L1ABILlTY INSURANCE FOR IN.ruRY. DEA TI-I, OR DAMAGE OCCURING ON HIS/HER TRACT. 9 ~~~llimfm~};f; !¡1~jm~~~¡m11j:~ " ~ "",..")£" ;.....:~ '\ ,,,",,~:') il ,,') t.. r~"]j ~~';.,I '-~ - ......('.. .II 61 '., l.J: ARTICLE IX: GENERAL PROVISIONS Section 1: Enforcements and Remedies. These covenants, conditions and restrictions may be enforced by any legal or equitable Owner (s), or by the Committee, or the Declarant and his successors and assigns, by appropriate proceedings at law or in equity against those persons violating or attempting to violate, or for restraining a future violation, for recovery of damages for any violation, or for such other and 1llrther relief as may be available. The party found to have violated these Covenants shall be responsible for the reasonable attomey's fees incurred by the Öwner (s), Committee, or Declarant in the proceedings either to enjoin a violation or for the recovery of the damages. The failure to enforce or cause the abatement of any violation of these Covenants shall not preclude or prevent the enforcement thereof of a fbrther or continued violation, whether said violation shall be of the same or a different provision \vithin these covenants. Although it is a right, it is neither the obligation nor the responsibility of the Committee or Declarant to prosecute violations of these Covenants on behalf of any Owner(s). Under no circumstances shall an Owner bring any claim, demand or action against the Committee or Declarant relating in any way to a violation of the covenants by another Owner. Section 2: Duration and Amendment. The covenants and restrictions of this dec1aration of Protective covenants shall run with and bind the recorded Subdivision for a term of five (5) years from the date this declaration of Protective Covenants is recorded in the Office of the Clerk and Recorder of the County of Lincoln, State of Wyoming, after which time they shall be automatically extended for successive periods of ten (10) years each, unless terminated at the end of any such period by written vote of two-thirds (2/3) or more of the then record Owners. This Declaration of Protective Covenants may be amended in whole or in part during the first five (5) year period by a written instrument executed by two-thirds (2/3) or more of the then record Owners. Any termination or amendment to this Declaration of Protective Covenants must also be approved in writing by the Declarant (or his successors) in order to be valid. Any termination or amendment, which has been approved by the Declarants, must be recorded in the Office of the Clerk and Record of Lincoln County, Wyoming. Whenever a vote of the Owners is required in the Declaration ot'Protective Covenants, an Owner shall be entitled to one (1) vote for each Tract owned. Two or more persons owning a Tract (e.g., joint ownership by a husband and wife, etc.) shall collectively be entitled to one (1) vote per Tract. Section 3: Benefits and Burdens. The terms and provisions contained in this Declaration of Protective Covenants shall bind and inure to the benefit ofthe Declarant and the Owners of the Tracts located within the Subdivision and their respective heirs, successors, personal, representatives and assigns. Section 4: Severability. Invalidation of anyone of the provisions or restrictions in this Declaration of Protective Covenants by judgment or Court Order shall in no way aftèct any of the other provisions, which shall remain in full force and effect. 10 '- ,1""\. (.~.~''\j Q '-:.1 ¥') b ~. ~ ..11 .:.~.'..::J'-.' J (. ,'" t""I JI '"' 2 ,!t { . '-' ,j '-- :í b ..., Section 5: Variances. Variances to any of the covenants contained herein may be granted by the Committee as appropriate in special cases and circumstances, at the sole 01 must approve any and all variances in writing. Section 6: No Liability, Neither Delcarant, any member of the Architectural Control Committee, Frontier Industrial Park, Charles Luthv Builders, Inc., Charles Luthy, or any successors or assigns of the aforementioned sha]] be liable for damages or otherwise liable to anyone or to any OW'11er by reason of mistake in judgment. negligence, nonfeasance or for any act or omission whatsoever arising out of or in any way related to any of the covenants or provision, in this "Declaration of Protective Covenants" in its entirety including. but not limit~d to, the aL1!2rOvaL disapproval, or failure to approve any plans, specifications or variance. IN WITNESS WHEREOF, this Declaration of Protective Covenants has been executed this ~ () day of ,:rt ~/\\.,t 2006. I . ,! // .........-. --'? ,/ /¿/L···~,- / / -'--·1 // "- /'//1 ...-, __.p .,'1,..... ~) -,-,,-,- STATE OF WYOMING SS COUNTY OF LINCOLN THE'FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY nl i\II'1'~' ,. THIS ,=[) DAY OF~. 2006. ~ ' I (j WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES~ G-.--.Þ ..' . LINDSEY KRALL - NOTARY PUBLIC COUN1Y OF STATE OF LINCOLN WYOMiNG MYCOl11m¡SSion£x~,;;;rt:l~· \0 ~-~'¡¡';'~...,i¡J.~-""~-';¡;;""'_;"Jo-,;5 11 @iiillm?