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RECEIVING # 931601 OOUl;~U
BOOK: 666 PAGE: 880
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
DECLARA TON OF COVENANTS. CONDITIONS AND RESTRICTIONS
FOR
FRONTIER NORTH-4 SUBDIVISION
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made
and executed as of the 2S--t!:J day of Xlv ,2007,
by Thomas D. Crank and Corina E. Crank, consmuting all of the owners of the
real property described in Exhibit "A" attached hereto.
WIT N ESE T H:
WHEREAS, the undersigned are all of the owners of that certain real
property described in Exhibit "A" attached hereto and made a part hereof,
hereinafter referred to as "Frontier North-4 Subdivision"; and
WHEREAS, the undersigned desire to ensure the attractiveness of
Frontier North-4 Subdivision, to prevent nuisances, to preserve, protect and
enhance the values of Frontier North-4 Subdivision and protect the health and
welfare of residents thereof, and to provide for the maintenance of the common
areas therein.
NOW, THEREFOR, the undersigned hereby declare the real property
described in Exhibit "A" attached hereto and such additions thereto as may
hereafter be made, shall be held, transferred, sold, conveyed, improve and
occupied subject to the covenants, conditions, restrictions, easements, charges
and liens hereinafter set forth, which shall run with the real property described in
Exhibit "A" attached hereto and all additions thereto, and binding on all parties
having any right, title or interest therein, their heirs, successors and assign, and
shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Common Area" shall mean all roads shown as such on any
recorded plat of the Property.
Section 2. "Declaration" shall mean ad refers to this Declaration of
Covenants, Conditions, and Restrictions as it may be amended from time to time.
Section 3. "Lot" shall mean and refer to any plot of land shown as a
numbered lot on any recorded plat of the Property, provided, if any Lot is
resubdiveded, each parcel of such resubdivision shall constitute a lot.
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Section 4. "Owner" shall mean the person or persons holding the fee
simple title interest in a Lot.
Section 5. "Property' shall mean and refer to the real property described
in Exhibit "A" attached hereto.
Section 6. "Mobile Home" shall mean a transportable dwelling unit built on
a permanent chassis with attached steel undercarriage consisting of wheels,
axles, hubs and springs, and which is suitable for year round occupancy and
which is designed to be transported on streets to the place where it is to be
occupied as a dwelling unit. Removal of wheels, axles, hubs and springs after
transportation and set-up of the unit shall not be cause for reclassification of the
mobile home to a different type of dwelling unit.
Section 6. "Commercial Enterprise" shall mean any activity undertaken
or carried on for commercial gain except home-based retail sales, home-based
professional services, boarding of animals, except dogs, only in numbers allowed
in this Declaration, and rental or lease of residential property, so long as the
allowed commercial enterprise does not employ any person not a resident of the
home out of which the commercial enterprise is operated.
Section 7. "Small Business" shall mean a business employing no more
than twenty (20) people engaged in providing services to customers normally in
the day-light hours Monday through Friday. A small business shall not include
manufacturing, auto repair shops, service stations, kennels, motels, inns, hotels,
bed and breakfasts, cafes and restaurants.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Existing Property. The real property which initially is, and shall
be held, transferred, sold, conveyed and occupied subject to this Declaration is
the real property described in Exhibit "A" attached hereto.
ARTICLE III
PROPERTY RIGHTS
Section 1. Rights and Easements of Use and Enjoyment. Declarant, and
every Owner shall have a right and easement of ingress, egress, use and
enjoyment in and to the Common Area. Such right and easement shall be
appurtenant to and shall pass with the title to every Lot.
Section 2. Limitation on Use. The rights and easements of enjoyment
created hereby shall be subject to the following:
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0001382
(a) The right of Declarant to grant or retain temporary easements for the
transportation and storage of construction materials and equipment.
(b) The right of Declarant to grant easements for the installation, use and
maintenance of utility lines and pipes and for drainage.
ARTICLES VI
PROTECTIVE COVENANTS
The following restrictions are imposed upon all Lots and Common Areas:
(a) No commercial enterprise as defined herein shall be operated on Lots
1, 3 and 4. Lot 2 may be used for a small business as defined herein.
(b) No building shall be erected on a Lot nearer than 50 feet to any
boundary contiguous to a road or access right-of-way or nearer than 30 feet to
any other boundary of said Lot.
(c) No residential structure shall be erected on any Lot the floor space of
which, exclusive of basements, porches and garages is less than 1200 square
feet in the case of a one-storey structure and not less than 1600 square feet in
the case of a two-storey structure.
(d) Any structure erected on any Lot, which is constructed of wood,
stucco, cement or metal shall be painted or stained on the exterior. No unsightly
building shall be kept or maintained on any Lot.
(e) No sewage disposal system, sanitary system, cesspool or septic tank
shall be constructed, altered, used or maintained on any lot unless and until
approved as to design, capacity, location and construction by all governmental
agencies having authority to regulate the foregoing.
(f) No structures of a temporary character, including but not limited to
camp trailer, camper, motor home, tent, or shack, shall be used as a residence.
Such structures may be occupied on a temporary basis by visitors for not more
than seven (7) days in any forty-five (45) day period and only when parked on a
developed and occupied lot.
(g) No wooden slag (non-dimensional lumber with bark attached) siding
shall be allowed on any fence or structure.
(h) Noxious, obnoxious, noisy, unsightly or otherwise offensives objects or
activities including, but not limited to, salvage yards, tire dumps, heavy
equipment storage, oil & gas rig or equipment storage, resource piles, dead
animals, barking dogs and littering shall not be permitted or maintained on 1tR¥ TPC.
Lots 1,3 and 4. Lot 2 shall be subject to the same offensive object limits except
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1(3
limited heavy equipment as part of an allowed small business may be stored and
maintained on Lot 2.
(i) No more than one single-family residential structure shall be permitted
per 2.50 acres. Multi-family residential structures shall not be allowed.
U) No Lot shall be further subdivided into less than 2.50 acre parcels. All
future subdivisions must comply with current Wyoming Statutes and Lincoln
County rules and regulations governing subdivisions. Lot owners not affected by
any subdivision of another lot shall not be responsible for or required to pay for
any improvements required by the new subdivision.
(k) All homes shall meet International Residential Building Codes at the
time of construction and must be set on a permanent foundation extending below
frost grade.
(I) No mobile homes shall be allowed on any Lot.
(m) All improvements constructed on a Lot shall be maintained in such a
manner that they do not become unsightly, in disrepair, unsanitary or a fire
hazard.
(n) No barn, shed, garage or storage building shall exceed two (2) stories
(25 feet above ground level) in height.
(0) Self contained outside toilets when constructed in such a manner as to
avoid contamination or pollution of surface or groundwater shall be permitted for
the use of construction workers only when a home is under construction.
(p) Every tank for the storage of residential fuel or water shall be either
buried below the surface of the ground or screened by fencing or shrubbery.
Fuels for motor vehicles or generators shall not be stored in quantities greater
than twenty (20) gallons.
(q) Animals and livestock shall be allowed on a Lot only as follows:
(I) No more than one (1) horse or one (1) cow or three (3) sheep or
two (2) llamas or two (2) alpaca or three (3) goats or 0.25 pigs per 1.50 acres in
the aggregate.
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(ii) No more than two (2) dogs and two (2) cats per 2.50 acres
which must be fully controlled, to include barking, and restricted to the Owner's
Lot at all times.
000884
(iii) The number of allowable livestock and the duration of such
livestock's stay on the premises shall be governed by common principles of good
husbandry, but in no event shall any Owner allow overgrazing of the Lot or allow
an unreasonable accumulation of manure, straw, hay or any other matter which
may become noxious, offensive or visually unpleasant.
(iv) Dead livestock shall be immediately removed from the Lot.
(v) No animals or poultry shall be kept on a Lot in such a manner as
to be noxious, offensive or visually unpleasant.
(r) No more than two (2) unlicensed or unused cars, trucks, vans, trailers,
boats, campers, motor homes, or other motor vehicles shall be parked or stored
per 2.50 acres.
(s) No more than one (1) shed, barn, stable, garage, or outbuilding shall
be placed on any lot not containing a permanent residential structure.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Enforcement. Declarant or any Lot Owner at its own expense
shall have the right to enforce by a proceeding at law or equity the restrictions,
covenants conditions and reservation herein contained. The failure of the
Declarant or any Lot Owner to enforce any provisions hereof shall in no event by
deem a waiver or the right to do so thereafter.
Section 2. Violation if Nuisance. Every act or omission whereby any
provision of this Declaration are violated in whole or in part is hereby declarant to
be a nuisance and may be enjoined by Declarant or any Lot Owner
Section 3. Amendment. This Declaration may be amended by the
affirmative vote of not less than two-thirds of all Lot Owners.
Section 4. Notices. Any notice permitted or required to be given by this
Declaration shall be in writing and may be delivered either personally or by mail.
If delivery is made by mail it shall be deemed to have been delivered on the third
day after a copy of the same had been deposited in the United States mail,
postage prepaid, addressed to the person at the address given by such person to
the Association.
Section 5. Termination. The covenants and restrictions of this Declaration
as they may be amended from time to time shall run with and bind the property
now or hereinafter subject to this Declaration for a term of twenty (20) years from
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000885
the date of this Declaration after which time they shall be automatically extended
for successive periods of twenty (20) years unless terminated by written
instrument executed no less than three-fourths of the Lot Owners and recorded
in the real property records of Lincoln County, Wyoming.
EXECUTED by the undersigned as of the day and year first above written.
~D.~
THOMAS D. CRANK
~~
CaRINA E. CRANK '\
The foregoing DECLARATON OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR FRONTIER NORTH-4 SUBDIVISION was signed and
acknowledged before me this ;;J,S day of July 2007, by Thomas D.
Crank and Corina E. Crank.
Witness my hand and official seal.
PaIå M. FtI8IItdI8k. NaIaIy Pullllc
CoanIr of Stile of
Uncoln :?> '., Wyoming
I Commission Expires 11/16/2007
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NOTARY PUBLIC
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000886
Exhibit "A"
FRONTIER NORTH-4 SUBDIVISION
A parcel of land being part of Tract 76 and part of Lot 7 of Section 2 of the
resurvey T 21 N, R116W and part of Lot No. 37 and Lots 8,27 and 28 of Section
35 of the resurvey ofT 22N, R116 Wall ofthe 6th P.M., Lincoln County, Wyoming
and being more particularly described as follows:
Commencing at the northwest corner of Section 2 of the resurvey of T 21 N, R116
W, where is found a standard U.S.G.L.O. brass cap;
Thence N 89° 27' 42" E along the north township line of
said T21 N, R116W a distance of 260.70 feet to corner number 4
of said Tract 76 where is found a standard U.S.G.L.O. . brass cap;
Thence S 89° 44' 06"E along said north township line of
T21 N, R 116 W, 838.65 feet to an angle point on said township line being
monumented by a stone.
Thence N 89° 14' 09" E along said north township line 221.62 feet to the
W 1/16 corner of said Section 2 where is found a standard U.S.G.L.O.
brass cap.
Thence N 89° 41' 56"E along said north township line 198.15 feet
to the Point of Beginning of this description. Said point of beginning
being a point on the north boundary line of Wyoming State Highway
233 where is found a 2" aluminum cap on 5/8" diameter rebar stamped
"CCI, PELS 5465, HWY ROW, JOG RT, 2005." "
Thence S 54° 49' 46"E along the north right of way boundary of
said highway 233, 536.46 feet to a point where is found a 2" a.luminum cap
on 5/8" diameter rebar stamped "CCI, PELS 5465, FN-4/ FN-3, ROW,
2005."
Thence N 34° 45' 31"E, 1616.02 feet to a point where is found a
2" aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465,
P-M, COR 11, 2005."
Thence N 81 ° 25' 46" W, 258.40 feet to a point where is found a 2"
aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465,
P-M, COR 12, 2005."
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000887
Thence N 63° 20' 50" W, 297.50 feet to a point where is found a
2" aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465,
P-M, COR 13, 2005."
Thence N 76° 40' 46" W, 706.20 feet to a point where is found
a 2" aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465,
P-M, COR 14, 2005."
Thence N 85° 50' 38" W, 265.40 feet to a point where is found
a 2" aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465,
P-M, COR 15, 2005." Said point being a point on the south boundary line
of said Lot 38 of the resurvey of T22N, R116W.
Thence N 89° 41' 20"W along the south boundary line of said
Lot 38, 162.27 feet to the SW 1/16 corner of Section 35 of said T22N,
R116 W where is found a 3" aluminum can on 2 %" aluminum pipe
stamped "CCI, PELS 5465, SW 1/16, S 35, T22N, R116W, 2005;"
Thence S 0° 08' 59"W along the common boundary line between
Lots 7 and 8 of said Section 35, 1154.62 feet to a point on the northerly
boundary line of Wyoming State Highway 233. Said point being
monumented with a 2" aluminum cap on 5/8" diameter stamped "CCI,
PELS 5465, Sec. 35, Lot 71 Lot 8, ROW, 2005."
Thence S 54° 49' 43" E, 379.60 feet along said northerly boundary
line of highway 233 to a point on the south boundary line of T22N, R116W
where is found a 2" aluminum cap on 5/8" diameter rebar stamped "CCI,
PELS 5465, HWY ROW, JOG RT, 2005."
Thence S 89° 41' 56" W, 31.57 feet along said north boundary line of
said highway 233 and south boundary line ofT22N, R116Wto the point of
beginning.
Said parcel contains 39.742 acres more or less.
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