HomeMy WebLinkAbout925014
IE... .U101
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION is made by Box Y Ranch LLC, a Wyoming Close Limited Liability
Company, ("Declarant"), of PO Box 969, Afton, WY 83110, the owner of the following described
real property located in Lincoln County, Wyoming ("the Property"):
That part of Homestead Entry Survey (HES) No. 115, T34N R 116W, Lincoln County,
Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln
County in Book 457 of Photostatic Records on page 302, described as follows:
BEGINNING at a point on the eastern most line of said HES No. 115, N17°-50'-22"W,
526.50 feet from corner NO.4 of said HES No. 115;
thence N1r-50'-22"W, 133.50 feet, along said eastern most line, to a point;
thence S72°-11'-17"W, 396.00 feet, along a line parallel with the southern most line of
said HES No. 115, to a point;
thence S17°-50'-22"E, 440.00 feet, along a line parallel with said eastern most line, to
a point on the northern most line of that tract of record in said Office in Book 578 of
Photostatic Records on page 798;
thence N72°-11'-17"E, 111.50 feet, along said northern most line, to a point;
thence N17°-50'-22"W, 306.50 feet. along a line parallel with said eastern most line, to
a point;
thence N72°-11' -17"E, 284.50 feet, along a line parallel with said southern most line,
to the POINT OF BEGINNING;
ENCOMPASSING an area of 2.00 acres, more or less;
the BASE BEARING for this survey is the line between Corner NO.9 and Corner No.
10 of said HES No. 115, being N18°-35'-00"W;
each "corner" found as described in the Corner Record filed or to be filed in the
Office of the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL L TD AFTON WY PLS 5368", with appropriate
details;
1
RECEIVED 1214/2006 at 3:19 PM
RECEIVING # 925014
BOOK: 642 PAGE: 101
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
vuu~u~
O-<l'~r:;;';{}¡ -~ ;,'1'.
..oJ ,",¿, \,J ..wk-
all in accordance with the plat prepared to be filed in the Office of the Clerk of
Lincoln County titled, GREYS RIVER, LLC AND BOX Y RANCH, LLC PLAT OF
TRACTS WITHIN HOMESTEAD ENTRY SURVEY NO. 115 PART OF SECTION
17, 18 AND 20 T34N R116W LINCOLN COUNTY, WYOMING", dated 14
September 2006, as revised.
The Property and surrounding lands owed by Declarant and Greys River, LLC are of
high scenic, natural, agricultural, and historical value and to preserve and maintain
those values for the benefit of Declarant and Greys River, LLC, Declarant hereby
declares that the Property shall be held, sold and conveyed subject to the following
perpetual restrictive covenants which shall run with the Property and be binding on
all parties having any right, title or interest in the Property or any part thereof, and
their heirs, successors, and assigns:
1. No building, structure, sign, or improvement of any kind shall be erected,
placed, or permitted to remain on the Property, and no excavation or other
work which in any way alters the Property from its natural or improved state
existing on the date of this Declaration shall be erected, placed, done, or
permitted to remain on the Property.
2. No noxious, offensive, or noisy activity disturbing to the peace and tranquility
shall be carried on upon the Property, nor shall anything be done or placed
thereon which may become a nuisance, or cause unreasonable embarrassment,
disturbance, or annoyance to surrounding lands owned by Declarant and Greys
River, LLC and their enjoyment of their lands. In determining whether there has
been a violation of this provision recognition must be given to the premise that
Declarant and Greys River, LLC, by virtue of their interest and ownership of
surrounding lands, are entitled to the reasonable enjoyment of its natural
benefits and surroundings.
3. Consistent with paragraph 2 above, the following are hereby designated as
nuisances per se and may not be conducted on the Property at any time:
discharging fireworks, discharging firearms or hunting, operating all-terrain
vehicles such as 4-wheelers or motorcycles or other off-road recreational
vehicles, except that Declarant may use a 4-wheeler or motorcycle to move
livestock and to move and maintain irrigation sprinkler lines.
4. The Property shall not be used or maintained as a dumping or storage
ground for rubbish, scrap, garbage, debris or junk, including without limitation
junked cars, appliances, or building materials.
5. No refining, quarrying or mining operations of any kind shall be permitted
upon or in the Property.
6. No underground or aboveground fuel tanks, fence-post treatment pits or
barrels, excavated tunnels, mineral excavations or shafts shall be permitted
upon or in the Property.
2
vvJ1.03
U~9':G~~Ol':',;\
7. Except for maintenance purposes, no vehicles, trailers, or any vehicular
equipment shall be permitted upon or in the Property.
8. No pigs, swine, goats, sheep, turkeys, chickens or any other domestic
animals or fowl shall be maintained on the Property other than cattle or
horses, but only on condition that sufficient grass is maintained to pasture or
graze the cattle or horses with no dirt pastures. Barking dogs are a nuisance
per se and shall not be allowed on the Property.
9. If any of these restrictive covenants are ever violated, either in whole or in
part, in addition to any other remedy provided by law, any person or persons
who is or are injured by such violation, may bring an action in court to enjoin
such violation, and if successful, recover all costs and expenses of doing so
including a reasonable attorney fee.
IN WITNESS WHEREOF, the Declarant has executed this Declaration of Restrictive
Covenants as of the ,21'}.,.;, day of November, 2006.
Box Y Ranch LLC,
a Wyoming Close Limited Liability Company
cw~~.¿'
By: ..Z/~ ,__-~'--~~/?(
Ted C. Frome, Manager
STATE OF WYOMING
COUNTY OF LINCOLN
On this tl.'7+h day of November, 2006, before me personally appeared Ted C. Frome, to
me personally known, who, being by me duly sworn, did say that he is the Manager of Box Y Ranch
LLC, a Wyoming close limited liability company, described in and which executed the foregoing
instrument; and that said instrument was signed and sealed in behalf of said limited liability
company by authority of its members.
Given under my hand and notarial seal the day and year first above written in this certificate.
GERALD L. GOULDING- NOTARY PUBLIC
County of tt:\ State of
Uncaln W' WyÇ)ming
My CommisSion Expires May 2, 2007
~~~
NOTARY PUBLI
My commission expires: May 2,2007.
3