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PROTECTIVE COVENANTS AND CONDITIONS
FOR PLEASANT ESTATES SUBDMSION
WHEREAS Andrew Pleasant and Gale Pleasant, 72 Firehole Basin, Green River,
Wyoming are the owners of all of the lots (Lot 1 through Lot 20 inclusive) in Pleasant
Estates Subdivision, a duly platted subdivision located in the Town of LaBarge, Lincoln
County, Wyoming, the perimeter boundaries of which are described on Exhibit "A"
attached hereto and by this reference made a part hereof; and
WHEREAS the Pleasant Estates Subdivision to the Town of LaBarge, Wyoming,
is an officially platted subdivision, containing 20 residential lots, zoned R-l by the Town
of LaBarge; and
WHEREAS Andrew Pleasant and Gale Pleasant (hereafter "Declarants") desire to
place certain covenants and restrictions on all of the lots in said subdivision for the
benefit and protection of the Declarants as well as those purchasing lots in Pleasant
Estates Subdivision; and
WHEREAS the Declarants intend that this instrument shall define the covenants
and restrictions on the lots in Pleasant Estates Subdivision and, after recording in the
office of the Lincoln County, Wyoming, Clerk and Ex-Officio Register of Deeds, this
instrument shall provide record notice of said covenants and restrictions to all subsequent
purchasers of lots within the Pleasant Estates Subdivision.
NOW, THEREFORE, for the foregoing purposes, and for and in consideration of
the premises, Declarants hereby declare that all of the lots in Pleasant Estates Subdivision
are and shall be held, sold, transferred, conveyed and occupied subject to the following
covenants, conditions, restrictions and easements, which shall run with and be binding
upon said lots and which shall be binding upon and inure to the benefit of each Owner
thereof, their successors and assigns.
KNOW ALL MEN BY THESE PRESENTS that all lots in the Pleasant Estates
Subdivision acquired after the date of recording of these Protective Covenants,
Conditions And Restrictions For Pleasant Estates Subdivision are subject to the following
covenants, restrictions and conditions:
1. DECLARATION.
Declarants hereby declare that all lots in the Pleasant Estates Subdivision acquired after
the date of recording of these Protective Covenants, Conditions And Restrictions For
Pleasant Estates Subdivision shall be owned, sold, conveyed, encumbered, leased, used,
occupied and developed subject to the protective covenants, conditions, restrictions and
easements hereafter set forth. These covenants shall run with the property and bind all
parties acquiring any legal or equitable interest in the property; and shall inure to the
benefit of every owner of any part of the property.
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RECEIVED 11/28/2006 at 11 :50 AM
RECEIVING # 924828
BOOK: 641 PAGE:1416
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000417
2. DEFINITIONS.
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The following terms and phrases used in these Covenants shall be defined as foHows:
A. Covenants. Covenants shall mean these Protective Covenants, Conditions, and
Restrictions For Pleasant Estates Subdivision.
B. Declarants. Declarants shall mean Andrew Pleasant and Gale Pleasant.
C. Front Portion. Front Portion shall mean that portion of a lot in Pleasant Estates
Subdivision between the front of a house and the adjoining road.
D. Lot. Lot shall mean a discreet, numbered, subdivided parcel of property as depicted
on the Final Plat of the Pleasant Estates Subdivision, as recorded in the office of the
County Clerk of Lincoln County, Wyoming.
E. Owner. Owner shaH mean the record owner of a lot, and does not include either
Declarants or those having an interest in any lot as security for the performance of an
obligation.
F. Property. Property shall mean all twenty (20) lots described in the Final Plat of the
Pleasant Estates Subdivision, as recorded in the office of the County Clerk of Lincoln
County, Wyoming.
3. LAND USE AND BUILDING TYPE. The property is zoned R-l as defined and as
provided in the Zoning Ordinances of the Town of LaBarge, Wyoming. Regardless of
the present or future zoning status of the property, no lot shall be used except for
residential purposes; and no structures, other than those both permitted in an R-l Zoning
District and permitted under the terms hereof, shall be erected, placed or permitted to
remain on the lots within the property. No lot shaH be used except for purposes and uses
permitted in an R-l Zoning District. Whenever the covenants, conditions and restrictions
set forth in this document differ from the requirements, restrictions and regulations
applicable to an R-I Zone, the covenants, restrictions and conditions of this document
shall control.
4. BUILDING CONSTRUCTION. All structures erected on the lots in the Pleasant
Estates Subdivision shall meet the minimum requirements, specifications and standards
of the Uniform Building Code, the International Building Code, and the International
Residential Code, as the same may be amended from time to time, and as the same may
be interpreted and enforced at the applicable time by the Town of LaBarge. All
structures erected on the lots in the property shall be of a permanent and affixed nature
and shall be of a quality consistent with the other structures located on the lots in the
addition and the general construction standards in the industry in Lincoln County,
Wyoming. No structures of a temporary character, including but not limited to motor
homes, mobile homes, trailers, structures built on skids, tents or similar units, shall be
used for residential purposes on any part of the property at any time.
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000418
5. BUILDING SPECIFICATIONS. In addition to the requirements, specifications and
standards set forth in Paragraph 4 above the following shall apply to real property
improvements constructed on lots in the Pleasant Estates Subdivision:
A. All residential dwellings shall be newly constructed.
B. Residential dwellings of modular construction shall be on permanent foundations with
detached under carriages.
C. Each garage shall be attached to a residential dwelling. with a concrete driveway from
the garage to the street fÌ'om which the garage is accessed.
D. Residential dwellings shall have a minimum of 12" eve overhang and minimum of 4-
12 roof pitch.
E. All exterior siding must be maintenance free. such as: vinyl. steel. aluminum, brick,
EIFS. or Cement Lap Siding.
6. UTILITY SERVICES. Availability of sewer. water, and trash disposal is as noted on
the Final Plat of Pleasant Estates Subdivision. All electric power and telephone service
lines and all other utility services shall be underground or located inside the boundaries of
buildings. Fuel storage tanks must be buried. and butane, propane and other liquefied
petroleum gas shall not be used for fuel unless the storage facilities therefore are
adequately screened or otherwise concealed to the satisfaction of the Declarants.
7. WASTE DISPOSAL AND TRASH. All exterior garbage containers shall be screened
fÌ'om view of adjoining property owners and roads. The use of exterior garbage
containers shall be restricted to the disposition of household waste and garbage. No
garbage. trash. brush piles. rubbish. junk. inoperative vehicles. including trailers as
defined in the contexts of these covenants. and no other unsightly items of property or
waste shall be collected. placed or permitted to accumulate on any property. Owners and
occupants shall do everything necessary or desirable to keep their lots neat and in good
order. If an owner or occupant permits any such rubbish. debris. or trash to remain upon
its lot then the Declarants. or such person or persons as the Declarants may from time to
time designate. may enter upon the property and may remove the same therefÌ'om or
otherwise cause compliance herewith and such owner or occupant shall forthwith upon
such entry be liable to the Declarants for the full cost of enforcing compliance herewith
and such cost shall be a lien against the property. Any entry for said purposes shall not
be deemed to be a trespass upon the property, and the decision of the Declarants shall be
conclusive as to whether or not this covenant has been violated~ provided, however. that
notice of any violation hereof shall have been given to the owner and/or occupant in
writing not less than five (5) days prior to any such entry.
8. HUNTING AND FIREARMS. Discharging of firearms and hunting of any kind within
the boundaries of the Pleasant Estates Subdivision is prohibited.
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000419
9. UTILITY EASEMENTS. Easements for installation and maintenance of utilities are
reserved and are shown on the. Final Plat of Pleasant Estates Subdivision. No structure
shall be placed or pennitted to remain within the limits of the easement which may
endanger or interfere with the installation and maintenance of utilities.
10. LANDSCAPING AND PLANTING. All landscaping and planting shall be
completed within one from date of Owner occupying property. Declarants understand
that to an extent landscaping is a matter of individual preference. Conversely, poorly
landscaped lots are detrimental to the interests of other owners in the subdivision. It is
Declarant's intent to require landscaping but to avoid being overly restrictive.
Nevertheless, so as to avoid detriment to the entire subdivision, landscaping shall not be
done in a shoddy manner.
11. EXTERIOR MAINTENANCE. All Owners shall keep their structures and grounds
in a good state of maintenance, repair, preservation and cleanliness. No Owner shall
permit any structures or conditions upon the property which would adversely affect the
value or aesthetics of the property or adjoining properties.
12. COMPLIANCE WITH CITY ORDINANCES. All construction upon and use of the
real property and premises subject to this declaration shall comply with all applicable
zoning, building and subdivision ordinances, restrictions, statutes, laws, rules,
regulations, policies and procedures of the Town of LaBarge, the County of Lincoln, and
the State of Wyoming.
13. PROIllBITED ACTS. No business, commercial, or manufacturing enterprise, or any
enterprise of any kind or nature that will generate any additional street traffic in Pleasant
Estates Subdivision, whether or not conducted for profit, shall be operated, maintained or
conducted on or in any property in Pleasant Estates Subdivision. Further, no dwelling or
any part thereof may be used as a boarding or rooming house; provided, however, that the
main dwelling on any lot within Pleasant Estates Subdivision may be leased by the owner
for use as a single family dwelling.
14. SIGNS AND LIGHTS. Except with the written consent of Declarants as to
dimensions or purpose, no signs or exterior lights of any character shall be placed or
maintained on any lot except:
A. A sign identifying the owner or occupant thereof, no dimension of which
exceeds three (3) feet. Said signs shall not be illuminated unless affixed to the
exterior of the main dwelling.
B. Any light used to illuminate parking areas, grounds, building exteriors or used
for any other purpose shall be so arranged as to direct the light away from any
adjacent or nearby properties and away from the vision of passing motorists.
C. Christmas lights and ornaments will be permitted during the holiday season.
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000420
15. VEIDCULARRESTRICTIONS.
No vehicles, trailers, motor homes, trailer homes, horse trailers, or any other means of
conveyance, wheeled or otherwise and of whatsoever kind or nature, including but not
limited to water craft, whether for the carriage or transport of persons, animals or
materials, and whether motor-powered or otherwise, shall be parked on any streets within
the subdivision at any time. No vehicle of a size larger than a now standard American
manufacture motor car or pick-up truck, and no vehicle the primary use or design of
which is for the transportation of passengers, and no vehicles intended to be used
primarily for sport, commerce or industry, such as trucks, campers, house trailers, buses,
boats and boat trailers, snowmobiles and snowmobile trailers, tractors and other farm
implements shall be parked or maintained on any part of the Front Portions or driveways
of any lot for a continuous period of more than forty-eight hours (48) hours, unless such
vehicle or equipment is placed in a garage.
Motorcycles, snowmachines and all-terrain vehicles are not to be operated in the
subdivision at anytime, except as legitimate transportation confined to the roadways in
the Pleasant Estates Subdivision.
16. NUISANCES. No activity of a noxious or offensive nature may be conducted
upon the property, nor shall any activity be permitted which may be or may become a
nuisance or annoyance to the neighborhood. No Owner shall make or permit any
noises which will disturb or annoy the occupants of any of the homes in the addition
or the adjacent community or do or permit anything to be done which will interfere
with the rights, comfort or convenience of Owners of adjacent properties.
17. ENFORCEMENT OF COVENANTS.
The Pleasant Estates Subdivision will not have an architectural or homeowner control
committee. Instead, any homeowner or homeowners within the addition may through
legal process enjoin construction of and/or require removal of improvements which do
not comply with the provisions of this declaration. If suit is filed to enforce a provision
or provisions ofthis declaration, then the party(s) against whom this declaration is being
enforced shall be liable for and shall pay the attorney fees and court costs of the enforcing
party(s).
ALL PERSONS WHO SIGN THIS DECLARATION AND ALL PERSONS WHO
MAY HEREAFTER PURCHASE PROPERTY WITHIN THE PLEASANT
ESTATES SUBDIVISION ARE SPECIFICALLY ADVISED OF. THE
FOLLOWING:
- If you attempt to erect an improvement which does not comply with the provisions of
this declaration, this Paragraph 17 provides that a Court may issue an order forcing you to
stop and forcing you to remove that which has been constructed.
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000421
- If you erect an improvement which does not comply with the provisions of this
declaration, this Paragraph 17 provides that a Court may require you to tear it down. You
will therefore lose the cost of construction, as well as incur the cost of removal.
- If a lawsuit is required to enforce the provisions of this declaration against you, this
Paragraph 17 provides that a Court may require you to pay not only your own attorney
fees to defend, but also the attorney fees of the party(s) enforcing the provisions of this
declaration, and costs of suit. VIOLATION OF ANY PROVISION OF TIllS
DECLARATION WILL BE VERY EXPENSIVE FOR THE P ARTY(S) VIOLATING.
In the event any property owner is uncertain whether construction of an improvement
would violate the provisions of this declaration, the property owner is encouraged to
speak to other homeowners in the addition. Consent in writing of a majority of
homeowners (at the time the consent is sought) to proposed construction of an
improvement shall be conclusive proof that the proposed construction complies with the
provisions of this declaration. For purposes of determining a majority of homeowners the
following rules shall apply:
A. Each lot on which a house has been constructed, and a certificate of occupancy issued,
shall have one (1) vote; and
B. Any person having a recorded ownership interest in the home (exclusive of
mortgagees and other parties· with security interests) is authorized to vote the lot,
regardless of whether there are other co-owners.
The above provisions shall not be construed as limiting the manners and methods through
which the provisions of this declaration may be enforced. In addition to the enforcement
options provided above, enforcement of this declaration may be by any available
proceeding at law or in equity, including but not limited to proceedings for recovery of
damages, against any person violating or attempting to violate any of the provisions
hereof As provided above, in any suit to enforce a provision or provisions of this
declaration, the party against whom this declaration is being enforced shall be liable for
and shall pay the attorney fees and court costs of the enforcing party.
18. ADDITIONAL ENFORCEMENT PROVISIONS. Paragraph 17 hereof shall not be
construed as limiting the manners and methods through which the provisions of this
declaration may be enforced. In addition to the enforcement options provided in said
Paragraph 17, enforcement of this declaration may be by any available proceeding at law
or in equity, including, but not limited to, proceedings for recovery of damages against
any person violating or attempting to violate any of the provisions hereof As provided
above, in any suit to enforce a provision or provisions of this declaration, the party
against whom this declaration is being enforced shall be liable for and shall pay the
attorney fees and court costs of the enforcing party.
19. PROPERTY CONDITION STATEMENT. Notice is hereby given that the above
described lots may be subject to various conditions relating to the nature, consistency,
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moisture content, ground water, water migration, permeability, topography, eros!>!!.. "'-
potential, radon emission potential, and the like, of the surface and subsurface materials, Jf 2'-
which should be taken into account in the design, location and construction of any
structures to be built upon said lots and the related uses for said lots. Should Owner
encounter such he should obtain appropriate professional soils analysis and related
reports and obtain professional opinions relating to such reports and relating to the
design, location and construction ofthe foundation and structure of any planned buildings
and appurtenances.
20. LEGAL PROVISIONS.
A. Non-waiver. No delay on the part of the Declarants or any other person in the
exercise of any right, power, or remedy contained herein shall be construed as a
waiver thereof or acquiescence therein.
B. Modification. These restrictions may be modified or amended by a majority of lot
owners of Pleasant Estates Subdivision. In any vote by lot owners, each lot shall be
entitled to one vote and one vote only.
C. Severable. These restrictions shall be severable and if any be held unenforceable
by any court of competent jurisdiction, all remaining restrictions and covenants herein
set forth shall remain in full force and effect.
D. Limited Liability. Neither the Declarants, nor any officer, agent or employee of
Declarants, shall be liable to any owner or other person for any action or for failure to
act with respect to any matter herein. The Declarants shall release, hold harmless,
defend and indemnify every present and former officer of Declarants and every
present and former limited liability member against all liabilities incurred as a result of
holding such office, to the full extent permitted by law.
E. Assignment Of Declarants' Interest. Any and all of the right, title, interest and
estate given to or reserved by the Declarants herein or on the Plat of Pleasant Estates
Subdivision may be transferred or assigned to any person, firm or corporation by
appropri~te instrument in writing duly executed by the Declarants and recorded in the
office of the County Clerk of Lincoln County, Wyoming, and wherever the Declarants
are hereby referred to, such reference shall be deemed to include its successors and
assigns.
ANDREW PLEASANT AND GALE PLEASANT, DECLARANTS, DO HEREBY
CERTIFY THAT THE FOREGOING DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINS ALL
COVENANTS, CONDITIONS AND RESTRICTIONS CURRENTLY IN FORCE AND
EFFECT WITH RESPECT TO THE PLEASANT EST A TES SUBDIVISION.
(Signatures and acknowledgment of Declarants on next page)
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000423
IN WITNESS ff:REOF, the Declarants have duly executed this declaration on this
.ás.L day of ~J. '.f}~ .2006.
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Andrew Pleasant, Declarant
The State of Wyoming )
: ss.
County of Sweetwater )
The foregoing Protective Covenants And Conditions For Pleasant Estates Subdivision
was ac owledge~efore me by Andrew Pleasant and Gale Pleasant this I &I- day of
. \ 2006.
Witness my hand and official seal.
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Notary Public
My Commission Expires:
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PATRíCíÃM:GAôO;-s--: ~ÔTÀRYPUBl.lê
COUNTY OF .' STATE OF I
SWEETWA1ER C WYOMINCII
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000424
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That portion of the NE/4 SW /4, of Section 6, T26N Rl12W, of the 6th
P.M., In the Town of LaBarge, County of Lincoln, State of Wyoming, being more
particularly described as follows:
Beginning at the Northwest Corner of said NE/4 SW /4, of said Section 6,
marked by a 3.5" Brass Cap stamped T26N Rl12W, SS, WC1/ 16, S6, RLS 164,
with the original stone along side;
thence: S 88°56'06" E, along the Northerly line of the NE/4 SW /4 of
Section 6, for 165.75 feet to a point, being the true point of beginning, marked
with a 3.5" Brass Cap;
thence: S 88°56'06" E for 316.73 feet to a point marked with a 3.5" Brass
Cap with original T stake buried underneath monument;
thence: S 1°19'37" W for 129.00 feet to a point marked with a 3.5" Brass
Cap with original T stake buried underneath monument;
thence: S 89°09'19" E for 339.38 feet along the North side of an
extension of First Avenue to a point marked with a 3.5" Brass Cap, point being
the Southwest corner of Lot 55 of the McGinnis Subdivision;
thence: S 1 ° 17'25" W for 50.00 feet to a point on the South side of First
Avenue marked with a 3.5" Brass Cap, point being the Northwest Corner of Lot
54 of the McGinnis Subdivision;
thence: N 89°09'19" W for 175.01 feet along an extension of First Avenue
to a point marked with a 3.5" Brass Cap;
thence: S 1 ° 17'25" W for 175.01 feet to a point marked with a 3.5" Brass
Cap;
thence: S 89°09'19" E for 175.01 feet to a point on the Westerly
boundary of the McGinnis Subdivision, marked with a 3.5" Brass Cap;
thence: S 1 °17'25" W for 307.29 feet to a point on the Westerly boundary
of the McGinnis Subdivision, marked with a 3.5" Brass Cap, said point being
the Southeasterly corner of Pleasant Estates Subdivision;
thence: N 88°58'42" W for 819.20 feet to a point marked with a
U.S.G.L.O. 3.5" Brass Cap, said point being the Southwesterly corner of
Pleasant Estates Subdivision;
thence: N 1°03'59" E for 309.02 feet along the Westerly line of the NE/4
SW /4 of section 6, to a point marked with a 3.5" Brass Cap;
EXHIBIT A
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000425
thence: S 88°56'06" E for 165.75 feet to a point marked with a 3.5" Brass
Cap;
thence: N 1°03'59" E for 351.59 feet to a point marked with a 3.5" Brass
Cap, said point also being the true point of beginning on the Northerly line of
the NE/4SW /4 of Section 6.
Containing an area of 409,312 ft2 or 9.397 Acres
Basis of Bearings are from GPS observation WGS 84, State Plane Coordinate
System, Wyoming West, NAD 83
EXHIBIT A