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000193
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOOTHILL HEIGHTS SUBDIVISION
THIS DECLARATION is made as of Sept6~ , 2006, by Call Property Devel~pments, Inc.,
hereinafter referred to as "declarant", the owner of the property described as the Foothill Heights
Subdivision, consisting of Lots 1, 2, 3, 4, and 5, located within the N1/2NW1/4 of Section 7, T31 N,
R118W, south of Afton, Lincoln County, Wyoming, and which is hereinafter referred to as "the
properties" or "the lots" or "the Subdivision". A subdivision plat for the Subdivision has been
prepared by Surveyor Scherbel, L TO" approved by the Lincoln County Board of County
Commissioners as of July 5 rJ-, 2006, and recorded in the office of the Lincoln County Clerk on the
day of Sept, 2006, as Plat No. ("the plat"). The provisions contained on that
plat including, without limitation, the easements for Foothill Drive and utilities, are incorporated
herein by this reference.
NOW, THEREFORE, declarant hereby declares that all of the properties 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 real property
and be binding on all parties having any right, title or interest in the described properties 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
Section 1. LAND CLASSIFICATION. All land within the Foothill Heights Subdivision
has been classified as single family residential property.
Section 2.
to all of the lots.
GENERAL RESTRICTIONS, The following general restrictions shall apply
(a) Each lot or tract shall be used exclusively for residential purposes, and no
more than one family (including servants and transient guests) shall occupy such residence;
provided, however, that nothing in this subparagraph (a) shall be deemed to prevent the leasing of
any lot from time to time by the owner thereof.
(b) Each residential lot 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. Landscaping should be
neat and attractive and noxious weeds controlled.
RECEIVED 9/8/2006 at 12:07 PM
RECEIVING # 922284
BOOK: 633 PAGE: 193
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000:194
(c) No noxious or offensive activity shall be carried on upon any lot, 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 lots. In
determining whether there has been a violation of this subparagraph recognition mU,st be given to
,
the premise that owners, by virtue of their interest and ownership in the Foothill Heights
Subdivision, are entitled to the reasonable enjoyment of the natural benefits and surroundings of
the Subdivision. Without limiting any of the foregoing, 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 or fowl of any kind shal! be allowed on any lot
except as follows: 1 )not more than two (2) dogs or (4) cats; 2) not more than five (5) horses; 3) not
more than two (2) pigs, cattle or sheep being raised as part of a 4-H or County Fair Project.
Barking dogs constituting a nuisance shall be confined in a sound resistant enclosure
during normal sleeping hours, All dogs weighing over ten pounds shall be kept and maintained in a
fenced area.
(e) No signs whatsoever, including but without limitation, commercial signs,
visible from neighboring property, shall be erected or maintained upon any lot except for a wooden
residential identification sign of a combined total face area of three (3) square feet or less and signs
erected by declarant for the purpose of advertising lots for sale.
(f) No house trailer, mobile home, shack or similar facility or structure shall be
kept, placed or maintained upon any lot at any time. The terms "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,
structure 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.
(g) 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
building on the lot. No inoperative vehicle shall be kept on a lot for more than thirty (30) days
unless it is parked inside an enclosed building. All of the restrictions set forth in this paragraph (g)
apply also to Foothill Drive.
I (h) All garbage and trash shall be placed and kept in covered containers which
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shall be maintained so as not to be visible from neighboring property, Each owner shall provide for
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the collection and disposal of garbage and trash at appropriate intervals. The cost of garbage and
trash collection shall be paid by each owner, in accordance with the billing of the collector. No
rubbish or debris of any kind shall be placed or permitted to accumulate on any lot.
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 properties.
Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the
properties other than one single family dwelling to be occupied by the owner, his lessee, guests and
ser:'ants, garage, guest house for the use of guests and not for rent, storage building(s) to be used
to house vehicles, equipment or supplies, greenhouses and barns.
Section 3.
each other.
DESIGN CHARACTER. All buildings shall be constructed in character with
(a) Exterior materials will be of rough sawn natural wood, peeled log, stone,
exposed aggregate concrete, or similar rough textured natural material, and also vinyl siding, steel
siding and Hardy Board siding with wood-grain texture. Roof materials shall be cedar shake or
shingle or high quality composite shingle. High quality membrane or ribbed metal roofing of
reflective flat colored finish shall also be allowed. Roofs on all residences, garages, and other
outbuildings shall have a minimum pitch of 4 feet in 12 feet. Roofs on all residences and attached
garages shall have a minimum overhang of 18 inches.
(b) All buildings must comply with any and all State of Wyoming, and Lincoln
County Building Codes.
Section 4.
BUILDING DESIGN AND SETBACKS.
(a) The minimum floor area of any single family residence shall be not less than
two thousand (2,000) square feet at ground level, exclusive of a garage, carport, porches or decks
and other outbuildings.
(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
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000196
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 for each residential dwelling shall consist of a minimum of
two indoor parking spaces in a garage that is either detached or attached to the resid~nce. Parking
spaces in the required garage 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 fifty (50) feet from any exterior
property line.
(e) No structure shall be erected, altered, placed or permitted to remain on the
property which shall exceed two stories above grade. All structures shall conform to limitations in
height as required by state and county regulations. 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 there
from, including chimneys.
(f) Except for satellite television receivers not more than 3 feet in diameter, all
electric, television, 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 actual light source of which is visible from the neighboring property with the exception of porch
lighting.
(h) All construction, reconstruction, refinishing, alterations and excavations shall
proceed diligently from the date of commencement and shall be completed within eighteen (18)
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 lot owner 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. All water systems
and sewage disposal systems 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 lots.
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0001.97
Because it is located within the Dry Creek Irrigation District, irrigation water is provided to
the Subdivision by and through that District. All lot owners are responsible for their own connection
to and participation in that irrigation water system in accordance with the laws governing the District
and the rules and regulations of the District.
Section 2. SUBDIVISION ROAD. A private road named Foothill Heights Drive provides
access for ingress and egress and all utilities from Westview Village County Road No. 12-1678 to
the lots in the Subdivision. Each lot in the subdivision has an easement for such use of that road.
Developer shall construct the road according to the requirements of Lincoln County, Wyoming.
Upon sale by the Developer of a lot, that lot owner becomes immediately liable for an undivided
20% share of all operating and maintenance expenses of the road including snow removal.
Section 3. IRRIGATION LINE. Developer has installed a service irrigation water
pipeline to carry irrigation water from the Dry Creek Irrigation District mainline to Lots 2 and 3 in the
Subdivision. Lots 2 and 3 each have an easement for that service line and to extend a service line
from that line to each lot. Upon sale of Lot 2 or 3, that lot owner becomes immediately liable for an
undivided 50% share of the operating and maintenance expenses of the service line from the
District's mainline. Each lot owner is individually responsible for the installation and connection of
his/her individual lot service irrigation pipeline and for its subsequent operation and maintenance.
Section 4. 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 5. FENCES. All fences shall be of wooden or vinyl construction. No barbed
wire shall be used except that barbed wire fences may be used for subdivision and lot boundary
fences. Metal fencing, however, will be permitted for dogs and will be made of field fence.
Section 6. 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 7. CLOTHES LINES. Outside clothes lines or other outside clothes drying or
airing facilities shall be maintained exclusively within a fenced service yard.
Section 8.
HUNTING. PETS, The following restrictions shall apply:
0001.98
(a) No hunting of wildlife of any sort will be allowed within the confines of the
Subdivision.
(b) All pets will be controlled at all times and will be fenced when not under the
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owner's immediate verbal command.
Section 9. COMBINATION OF LOTS. Two or more contiguous lots within the
Subdivision may be combined in which event the combined lot shall be treated as one lot for all
purposes except for payment of expenses for operation and maintenance of Foothill Heights Drive.
ARTICLE IV
GENERAL PROVISIONS
Section 1. ENFORCEMENT. Each grantee of a lot of the Subdivision 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, reservations, easements, rights-of-way and
restrictions set forth herein or on the plat. Declarant or any lot owner shall have the right to enforce,
by any proceeding at law or in equity, all conditions, covenants, reservations, easements, rights-of-
way, restrictions, liens, and charges now or hereafter imposed by the provisions of this declaration.
Failure by declarant or by any owner to enforce any conditions, covenants, reservations,
easements, rights-of-way and restrictions 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. 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, reservations, easements, rights-ot-way and restrictions whether obtained by foreclosure
or at a trustee sale or otherwise.
Section 2. DEFINITION OF NUISANCE. Every act or omission whereby any condition,
covenant, reservation, easement, rights-of-way or restriction in this declaration is violated in whole
or i~ part is declared to be and shall constitute a nuisance and may be abated by the declarant of
his successors in interest or by any lot owner and such remedy shall be deemed cumulative and not
exciusive.
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Section 3. SEVERABILITY. Invalidation of anyone ot 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.
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000199
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 Subdivision lots and the Owners thereof, subject to the right of amendment or
modification provided for below, for a term of twenty (20) years, after which ti~e they shall
automatically be extended for successive periods of twenty (20) years.
This declaration may be amended during the first twenty (20) year period by an instrument
in writing signed by not less than sixty percent (60%) of the Lot Owners, and thereafter by an
instrument in writing signed by not less than sixty percent (60%) of the Lot Owners, which
amendment becomes effective when the instrument is recorded in the Office of the County Clerk of
Lincoln County, Wyoming. The Declarant shall have the right in his sole discretion, during such
time 'as Declarant owns not less than two (2) Lots, to amend or modify this Declaration by an
instrument in writing, and all Lots within the Subdivision including those previously sold shall be
subject to such modification. Any such amendments shall be duly executed by the Declarant and
are effective when 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.
Call Property Developments, Inc.
BY~
CI yton Call, President
Attest;
STATE OF WjOM'''t
COUNTY OF l\f\{'O\ r'\
ss.
7
000200
On this 5~ day OfSll &N\~.D)o.... ,2006, before me personally appeared Clayton Call,
to me personally known, who, being by me duly sworn, did say that he is the President of Call
Property Developments, Inc., a Wyoming corporation, described in and which executed the
foregoing instrument; that said instrument was signed in behalf of said corporation by ,authority of its
.
Board of Directors; and said Clayton Call acknowledged said instrument to be the free act and deed
of said corporation.
Given under my hand and notarial seal the day and year first above written in this certificate.
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:~ Jamie DeCora - NOTARY PUBLIC ~
l~ .County of State of I
ì LIncoln Wyoming
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My commission expires: l{\ z...-:} l 2-D' t)
19-..
NOTARY PUBLIC
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