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Home My WebLink About929239 ~ ci W ::iE a::: a.. W CD CO :2! ~Ø)~ffi~ T""M..Z~ - NWø . ~ ~ ~ ~ æ oØ)D..>W o ...J ~=M: !Mü ~ ø Z ~ Ii')Z L5z C>~.::> WW 0 >U~ Ü - W 0 Z Wo::O ...J (.) [Q 0 W ü 0::: z :J , )0488 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS DRY CANYON ESTATES TffiS DECLARATION is made as of May 0 ~ 2007, by Russell H. Juillerat, a.k.a. Russ Juillerat hereinafter referred to as "declarant", the owner of the property described as "DRY CANYON ESTATES A SUBDMSION WITIllN TIlE W 12 SW ~ SW ~ SECTION 2 T33N R118W 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 Scher bel, L TD, and approved by the Lincoln County Board of County Commissioners as of March 7, 2007. The provisions contained on that plat including without limitation the "Plat Warnings" are incorporated herein by this reference. NOW, THEREFORE, declarant hereby declares that 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 properties 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. The properties within Dry Canyon Estates shall be classified as single-family residential property. SECTION 2. GENERAL RESTRICTIONS. The following general restrictions shall apply to both of the lots. (a) The properties shall be used exclusively for residential purposes, and ho more than one family (including servants and transient guests) shall occupy any residence erected thereon. The properties and any and all improvements ITom 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. No noxious or offensive activity shall be carried on or upon the properties, nor shall anything be done or placed thereon which will be or will become a nuisance, or cause unreasonable embarrassment or disturbance to any other adjacent landowners in the enjoyment of their land. (b) (c) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 of7 / I 000489 0929,2J5 (d) No domestic livestock animals or fowl of any kind shall be allowed on any lot except not more than four (4) horses and dogs and cats. Lot owners will be responsible for any damage or nuisance caused by their animals. (e) No commercial signs visible from neighboring land shall be erected or maintained upon the properties. Any lighting must be accomplished so that the source of illumination is not visible from neighboring land, and so that the light is reflected away from neighboring land and from the vision of passing motorists. (f) No ,manufactured home, house trailer, mobile home, shack, cabin or similar facility or structure brought in by truck shall be kept~ placed or maintained upon the properties at any time. Children's playhouses and seasonal use of tents or tepees shall be allowed. Travel trailers used by vacationing guests for periods of time not to exceed three (3) months shall also be allowed. (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 area on the properties. No inoperative motor vehicle shall be kept on the property unless it is kept in an enclosed garage., Motorbikes, motorized trail bikes, four wheelers, and similar mechanical devices shall be used on the property only in a responsible manner that will not interfere with the tranquility of neighboring landowners. (h) All garbage and trash shall be placed and kept in covered containers that shall be maintained so as not to be visible from neighboring land. The property owner shall provide for the collection and disposal of garbage and trash in a timely manner. The property owners shallpay for the cost , of garbage and trash collection. (i) No rubbish or debris of any kind shall be placed or permitted to accumulate on the properties. No metal, such as scrap metal, shall be stored, or allowed to accumulate on the properties except within an enclosed structure. ARTICLE n 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. HvIPROVEMENTS ALLOWED. No improvements shall be constructed on the properties other than one (1) single family dwelling to be occupied by the owner, or the owner's lessee, guests and servants, garage(s), a guest house for the use of guests and not for rent, and storage building(s) to be used to house vehicles, equipment DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 of7 09292J5 or supplies, and bam( s) to be used to house horses and other domestic animals. All improvements shall be of new, permanent construction. 000490 SECTION 3. DESIGN CHARACTER. All buildings shall be constructed in character with each other specifically by using complementary exterior roofing, building material, and coloring on each building on the properties. Any exposed metal shall have3 a dull finish. Roofing materials shall be cedar shakes, ceramic or cement tiles, or metal with a non-glaring finish. All buildings will be painted or faced in colors that blend into the natural environment and landscape of the area. (a) Exterior materials will be of rough sawn natural wood, peeled log, stone, exposed aggregate concrete, or similar rough textured natural material, or metal with a dull finish. No cinderblock shall be used as an exterior material. Roofing materials shall be cedar shake or shingle, slate, ceramic or cement tile, or metal with a non-glaring finish. (b) All buildings must comply with either the current editions of the Uniform Building Code, the Wyoming Plumbing Code, and the National Electrical Code, or, if applicable, State of Wyoming, and/or Lincoln County Building and Safety Codes. SECTION 4. 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 land. Solar collectors shall be integrated into the stru~ture of a residence, garage, carport, or other accessory building and shall not be free standing. (c) Automobile storage shall provide for a minimum of one indoor parking space in either a carport or a garage. 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 hundred (100) square feet shall be provided in addition to the carport (d) No building shall be located nearer than fifty (50) feet from any exterior property line. Provided, however, that if Lincoln County requires a building setback greater than fifty (50) feet, then such building setback requirement shall apply to the properties. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 of7 ;' I O~~32-3~ 000491 (e) No structure shall be erected, altered, placed or permitted to remain on the properties that shall exceed either two (2) stories in height or thirty (30) 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 there from, excluding chimneys. (f) All electric, telephone, sewer, and water installations and connections located on the properties after the date of recordation of these covenants shall be placed underground. Any antenna higher than ten (10) feet above roof level has to have prior permission from declarant. (g) All fuel tanks, water tanks, or similar storage facilities shall either be constructed as an integral part of a living unit, or shall be installed or constructed underground. (h) All exterior lighting shall be incandescent lighting. SECTION 5. CONSTRUCTION. The exterior of any building must be completed within twelve (12Ymonths after the commencement of construction except where such completion would be impossible, due to the size of the project, or because doing so would result in undue hardship to the owner because of strikes, emergencies, or natural calamities, provided, however that the owner is nonetheless obligated to either diligently pursuing completion or removal of the building. Notwithstanding any other provision contained herein, a travel trailer shall be allowed on the property as living accommodation during the twelve (12) month construction period of any initial structure on the property. ARTICLE HI MISCELLANEOUS PROVISIONS SECTION I. WATER AND SEWER SYSTEMS. Each lot owner is responsible for providing 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 expense, and such sewage disposal system shall conform to all applicable standards of the State of Wyoming, Lincoln County or any 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 land. SECTION 2 SUBDIVISION ROAD. A private road named Noble Lane provides --ãCCeSsför-iilgress -aïïd-egress-änd- all utilities ftömthe Be-dföid"Türi1etvillè Röäd Nö. 12-123 to the lots in the Subdivision. Each lot in the subdivision has an easement for such use of that road. The same private road also provides such access to other surrounding lands. Each lot owner shall be responsible for a reasonable and fair proportionate share of the maintenance expenses and snow removal expenses of that road. The lots in the Dry Canyon Estates Subdivision have access and egress and all utilities from Noble Lane on a private road named "Scenery Road". Each lot owner using DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 4 of7 i)492 O~292,39 Scenery Road shall be responsible for a reasonable and fair proportionate share of the maintenance expenses and snow removal expenses of that road. These costs for both Noble Lane and Scenery Road shall commence upon ownership. 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 or such excavation as may be necessary in connection with the erection of any approv d improvement thereon. No oil drilling, oil development operation, or mining operati ns of any kind shall be permitted upon the properties. This shall not prohibit excavation d/or grading for landscaping purposes completed in the course of implementation of landscaping plans, including but not limited to excavation for ponds and berming :6 r privacy. SECTION 4. FENCES. All fences shall be of wooden or vinyl construction ·th the understanding that no metal posts and only sheep wire, not barbed wire shall be ed. Metal fencing, however will be permitted for dog runs, provided the dog runs are n t visible from neighboring properties. All fences shall be painted or faced in colors t blend into the natural environment and landscape or the area. SECTION 5. EXTERIOR FIRES. There shall be no exterior fires whatsoever xcept barbecue fires within receptacles, properly constructed permanent outdoor fireplace or :fire pits, and such fires for vegetation and/or rubbish control as may from time to . e be permitted by the Lincoln County fire regulations. SECTION 6. CLOTHES LINES. Outside clothes lines or other outside clothes drying or airing facilities shall no be visible from neighboring properties. SECTION 7. HUNTING. No hunting of wild life of any sort will be allowed within the confines of the Subdivision. SECTION 8. No lot within the Subdivision shall be divided or subdivided in any way. 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, subjectto aU such conditions; covenants, and-- restrictions. Declarant or any property owner shall have the right to enforce, by any proceedings 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 property 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 enjoined, abated or remedied DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 of7 I I Ü~Z3Z3~ 000493 by appropriate proceedings. The declarant or property 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 property 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. These covenants, conditions and restrictions are to run with the land and shall be binding on all owners of lots in the Subdivision until June 1, 2015, at which time said covenants, conditions and restrictions shall be automatically extended indefinitely, unless the declarant or declarant's successors or assigns and the property owners execute and record in the land records of Lincoln County, Wyoming, a revocation of the covenants, conditions and restrictions before that date. Any change or modification in the provisions of this declaration shall be valid if signed by the declarant or declarant's successors and assigns and both of the property owners in the subdivision and recorded in the land records of Lincoln County, Wyoming, such modification or change to be effective from the date of recording. Any modification or change to this declaration shall not be binding unless modified according to the terms of this paragraph. 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. SECTION 6. ADJACENT AIRSTRIP. An existing, operating airstrip is located adjacent to the Subdivision. Aircraft land and take off from this airstrip on a regular basis. Declarant expects that this airstrip will continue to be so used in the future. Any owner acquiring an interest in the properties does so subject to the continued operation of -this-airstrip; This provision -cannot be amended without the consent of the declarant or declarant's successors and assigns. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 of7 O~:i2~~J.:J 000494 IN WITNESS WHEREOF, declarant has executed this Declaration as of the day and year first above written. ~~ RUSSELL H. RAT STATE OF WYOMING ) ) SSe COUNTY OF LINCOLN ) The foregoing Declaration of Covenants, Conditions and Restrictions 'fW acknowledged before me by Russell H. Juillerat, a.k.a. Russ Juillerat this ~ day of May, 2007. Witness my hand and official seal. JAfI~:"Nòì:¡;;~;7'~-- "-ø, cou -~,~ . u . U )" ." r1TY OF -".'.'".. '." \ LINCOLN ST,W[ OF J ~M)'Corrvn;ssion£ " ~" '?!¥W'r'C.\.1iNG ; xm·s ,,~ -~ - . W/""I Ì' '-;;I:>.. a.,.:\>.. ~~~f>,;....;) ~ ,.,_., ~ ~PUB IC ' My commission expires: ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 of7