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Home My WebLink About932567 ORIGii\iAL L ..___--'-"--__._. __. WHEN RECORDED RETURN TO: MERICA LAND AND HOMES, LLC %Bret W. and Debbie A. Merica Box 831 Thayne, Wyoming 83127 ., ni'i.f'!;~· ð^5 v 'V 1/1'" ¡;;¡ÞfV Space above this line reserved for Recorder's use only DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS TIllS DECLARATION made on the date hereinafter set forth by Merica Land and Homes, LLC hereinafter referred as "Declarant" WITNESSETH Whereas, Declarant is the owner of certain property in the incorporated Town of Thayne, County of Lincoln, State of Wyoming, described on Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as "the property," and said property has been developed by Merica Land and Homes, LLC hereinafter referred to as "Developer"; and ,.- WHEREAS, it is the desire and intention of the Declarant to sell the property above and to impose upon it mutual and beneficial restrictions under a general plan or scheme of improvement for the benefit of said lands and the future owners of those lands; and D WHEREAS, Declarant will convey the said property, subject to certain protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth; 1. , NOW, THEREFORE, Declarant hereby declares that all of the property shall be held, sold/conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following easements, restrictions, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property and every part thereof. These easements, covenants, restrictions, and conditions shall fW1 with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described property or any part thereof, and shall inure to the benefit of all the lands in said tract and the future owners of those lands. ARTICLE I DEFINATIONS Section 1. "Property" shall mean and refer to that certain real property hereinbefore described. Section 2. "Lot" shall mean and refer to any plot ofland shown upon any recorded subdivisio,v map of the Property. Section 3. "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities, of a fee simple title to any lot, and shall also include contract purchases and the Declarant, but shall exclude those having such interest merely as security for the performance of any obligation. Section 4. "Declarant' shall mean and refer to Merica Land and Homes LLC. RECEIVED 8/28/2007 at 3:56 PM RECEIVING # 932567 BOOK: 670 PAGE: 305 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY · r,;,,1'¡"d~ao6' ";' 1~;¡¡ :'ltiJ -~.'IIt..:-.", : ~...~ ...."., .'-3I""~:;.o ARTICLE II ARCIDTECTURAL CONTROL Section 1. No building, fence, structural wall, or other structure shall be commenced, erected or maintained Up( the property, nor shall any exterior addition to or change or alteration therein be made until the plans and specificatioru showing the nature, kind, shape, heights, materials and location of the same shall have been submitted to and approved writing, as to hannony of external design and location in relation to surrounding structures and topography by Merica Land and Homes, LLC. Prior to commencement of any excavations, construction or remodeling of any structure theretofore completed, there shall first be filed with Merica Land and Homes LLC, two complete sets of building plans and specifications therefore, together with a block or plot plan indicating the exact part of the building site the improvements will cover, and said work shall not commence unless Merica Land and Homes LLC shall endorse said plans as being in compliance with these covenants and are otherwise approved. The second set ofpl!U1S shall be filed 1; permanent record with Merica Land and Homes LLC. In the event "Declarant" fails to approve or, disapprove such design and location within fifteen (15) days after said plans and specifications have been submitted to it, approval will be required and full compliance with this Article shall be deemed to have been made. ARTICLE ill - USE RESTRICTIONS The lots shall be used solely for private, single-family residential purposes, and there shall not be constructed or maintained thereon more than one single-family dwelling and a private garage for not more than three (3) cars. In addition, the Lots shall be subject to the following restrictions: Section 1. No residential structure having a floor area of less than 1000 sq. ft, not including open porches, patios and garages, shall be erected or placed on any residential lot. No corrugated roofs and no tin roofs unless colored. _ ., Section 2. No buildings shall be located on any lot nearer to the front line than 30 feet there from, measured to the foundation of such building; nor not nearer than 10 feet to the reallot line; nor nearer than 10 feet to the side lot line. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as part of a building for the purpose of determining such distances, provided, however that this shall not be constructed to permit any portion of a building, including such eaves, steps or open porches, to encroach upon another lot or easement. Section 3. No building having a width of less than 20 feet at the minimum building set-back line shall be erected or placed upon any lot. Section 4, No mercantile, manufacturing, mechanical or trade business or business establishment of any nature shall be maintained on said land. Section 5. No animals of any kind shall be allowed other than domestic dogs and cats. Personal animals shall be fenced in or tied to prevent a nuisance to adjacent neighbors. Section 6. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon that may be or become an annoyance or nuisance to the neighborhood. Without limiting the generality of the foregoing, cars are not to be collected for mechanical repairs. ~"~,1'4n~07 \·/\,¡;~#v ...... .. Section 7. After the commencement of any building, structure, fence or wall permitted hereby to be constructed, the same shall be prosecuted to completion within one year :ttom the date of obtaining a building permit :ttom the town of Thayne. Landscaping shall be completed within 60 days of home completion. Section 8. No structures of a temporary nature, trailer, basement house, tent, shack, garage, or other outbuilding shall be used at any time as a residence either temporarily or permanently. No old or second hand structures shall be moved onto any of said lots, it being the intent hereof that all dwellings and other buildings to be erected on said lots, or within said subdivision, shall be new construction and good quality workmanship and materials. Section 9. All slopes or terraces on any lot shall be maintained so as to prevent any erosion thereof upon adjacent streets or adjoining lots. Section 10. There is hereby reserved :ttom each lot and the owner thereof an easement for the installation and maintenance of all types of utilities and draining facilities, together with reasonable rights of access to said easement. Section 11. No billboard of any character shall be erected, posted, painted or displayed upon or about said property unless and until the form and design of said sign has been submitted to and approved by "Declarant" . Section 12. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Such waste shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and no rubbish, trash, papers, junk or debris shall be burned upon any lot except within a standard incinerator. Section 13. No barbed - wire fence or chain-link fence. Fence should be of wood, or vinyl construction. ARTICLE N - GENERAL PROVISIONS Section 1. Enforcement. Each and all of said conditions, covenants and reservations is and are for the benefit of each owner of land or any interest therein in the said property, and each thereof shall inure to and pass with each and every parcel of said property, and shall apply to and bind the respective successors in interest. Each Grantee of any part or portion of said property by acceptance of Deed incorporating by reference this Declaration accepts the same, subject to all such restrictions, conditions, covenants and reservations. The "Declarant" or any owner shall have the right to enforce, by any proceeding 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 the "Declarant" or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed to waiver of the right to do so thereafter. A. breach of any restriction, condition or covenant may be enjoined, abated or remedied by appropriated proceedings. No such breach shall affect nor 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, and covenants whether obtained by foreclosure or at a trustee's sale or otherwise. Section 2. Violation Constitutes Nuisance. Every act or omission whereby any restriction, condition or covenant in this Declaration set forth, ifviolated in whole or in part, is declared to be and shall constitute a nuisance, and may be abated by Grantor or its successors in interest and/or by any lot owner; and such remedy shall be deemed cumulative and not exclusive. ,'i),~\O' '0012 I(i-'\,f. V - 'E)' Section 3. Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 4. Duration of Restrictions. All of the conditions, covenants and reservations set forth herein shall continue and remain in full force and effect at all times against said property and the owners thereof, subject to the right of change or modification hereinafter provided until August 10,2017 and shall then in force be continued for a period often years, and thereafter for sucëessive periods often years each without limitation, unless within the six months prior to August 10,2017, or within six months prior to the expiration of any successive ten year period thereafter, a written agreement executed by seventy per cent (70%) of the then recorded lot owners covered hereby be placed on record in the office of the County Recorder of Lincoln County, by the terms of which agreement any of said conditions or covenants are changed, modified or extinguished, in whole or in part, as to all or any part of the property subject hereto, in the manner and to the extent therein provided. In the event that any such written agreement of change or modification be duly executed and recorded" the original conditions and covenants, as therein -modIfied, shall continue in force for successive periods of ten years each, unless and until further changed, modified or extinguished in the manner herein provided for, by mutual written agreement of not less than seventy per cent (70%) of the then owners of record title of said property. IN. ~ ~'N,IffiREOF' :Jiig,ned, being the Declarant herein, has hereunto set its hand and seal this ..rn day of ~ ' 2007. f~ 4r;." -- ret W. Menca ~}.;\~ , A- ~ d\t;~ccaù Debbie A. Merica State of Wyoming } County of Lincoln } The furegoing instrument was aclrnowledged before me this ~ð+!ky of ~ W. and Debbie A. Merica.. } , 2007 by Bret Witness my hand and official seal. 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Merica SO Lot 1 C') Õ;) r.... ai 0 00 co ° 15,210SqFt .- ...... co 00 ,.... Z co OJ c ::2 S88°51'43"E 172.51' N88°36'10·W 172.52' 10 SJ ---s s õ o o (0 N88°36'10"W 1Af> *'7' 233_34' s 000309