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HomeMy WebLinkAbout934286 000431 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DOC BROWN ACRES SUBDIVISION IN LINCOLN COUNTY, WYOMING KNOW ALL MEN BY THESE PRESENTS, THAT KELLY A. JOHNSON AND ALAN R.JENSEN, hereinafter referred to as "Declarant" or "Developer," being the Owner and Developer of certain real property located in the unincorporated area of the County or Lincoln, State of Wyoming, described as, Pt. NE4NE4 Section 12 T31N R119W (which property is hereinafter described as the ("Doc Brown Acres") does Hereby declare that Lots 2-6 described above shall be held, sold, and conveyed Subject to the following easement, restrictions, covenants, and conditions which are for The purpose of protecting the value and desirability of and which shall rim with the real Property and be binding on all parties having any right, title or interest in the described Property or any part thereof, their heirs, successors, and assigns, and shall insure to the Benefit of each owner thereof. Lot 1 being an existing lot is exempt from these covenant And restrictions. ARTICLE I DEFINITIONS Section 1. "Property" shall mean and refer to that certain real property hereinbefore described. Section 2. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property. Section 3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to and Lot and shall also include contract purchasers the Declarant, but shall exclude those having such interest merely as security for the performance of any obligation. Section 4. "Declarant" and "Developer" shall both mean and refer to KELLY A.JOHNSON AND ALAN R. JENSEN owner of DOC BROWN ACRES. RECEIVED 10/23/2007 at 11 :56 AM RECEIVING # 934286 BOOK: 676 PAGE: 431 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Section 5. "Homeowners Administration" shall mean and refer to an association or board, which will hereafter be formed to handle the administration and the bylaws of such will become incorporated in this document. ARTICLE II 000432 ARCHITECTURAL CONTROL No building, structural wall, or other structure shall be commenced, erected, or maintained upon the property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, heights, materials, and location or the same shall have been submitted to and approved in writing, as to harmony or external design and location in relations to surrounding structures and topography by the "Developer," and said work shall not commence unless the "Developer" shall endorse said plans as being in compliance with these covenants and are otherwise approved. ARTICLE III USE RESTRICTIONS The lots shall be used sQlely 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, excepting a barn to house animals and or for storage, or a workshop may be constructed. All out building must match the home in color and be of good quality material and workmanship. Section 1. All residential structures erected or placed on any lot shall have a minimum of 1700 square feet on one floor or 2600 square feet on two floors not including open porches, patios and garages. Unpainted metal roofs are not allowed. No mobile or modular homes are permitted. Only Earth tone colors will be allowed on homes and out building. A garage is required. Section 2. All buildings of any lot shall be located a minimum of thirty (30) feet from the front lot line, measured to the foundation of such building; a minimum of ten (10) feet from the rear lot line; and a minimum of ten (10) feet from 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 construed to pennit any portion of a building, including such eaves, steps, or open porches, to encroach upon another lot. Section 3. No derrick or other structure designed for use in boring, mining, quarrying for water, oil or natural gas or precious mineral shall be maintained or permitted on any lot in said tract. No oil drilling, development operations, reefing, quarrying or mining operations of any kind shall be permitted on any lot. 000433 Section 4. No mercantile, manufacturing, or trade business, or business establishment of any nature shall be maintained on said land. Section 5. Animals and pets may be kept, so long as they are contained by a fence, so as not to be a nuisance to other lot owners. No roaming animals will be allowed. Any animal déemed as a nuisance, such as very loud or very smelly will not be allowed. Lots two, three, four and five may have up to three (3) horses. Lot six may have up to four (4) horses. Section 6. There is hereby reserved from each lot and the owner thereof, and easement for the' installation and maintenance of all types of utilities and draining facilities, together with reasonable rights of access to said easement. No structures shall be placed or pennitted to remain within the limits of the easement, which may endanger or interfere with the installation of maintenance of utilities. The landscaping of the easement, however, shall be maintained by the owner of the property. Section 7. All electric power and telephone service lines and all other utility services shall be underground or located inside the boundaries of each building. Section 8. In the construction of authorized improvement on any property, care shall be exercised not to unduly disturb the natural landscaping thereof. Within one (1) year after the construction of such improvement, the landscaping on the unimproved part of the property disturbed or destroyed during construction shall be restored by the planting of grass, trees, or shrubbery of appropriate character and type. Natural landscaping is encouraged. Section 9. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Such trash, rubbish, garbage, or other waste shall not be kept, except in sanitary containers. Burning of trash, garbage, other waste shall be prohibited. All lots will be kept clean and free of unused items or stored in a storage building. Section 10. The roads and pavement shall be private and each lot owner shall be responsible for an equal portion of the snow removal and maintenance costs of said roads. Lots one and six are exempt. Section 11. Once sold by the "Developer", no properties shall be further divided, subdivided, or split. Section 13. All pennanent outside light fixtures must be hooded. Section 12. Each lot owner will be responsible for weed control on their "Lot" to prevent spreading of noxious weeds. Section 14. Because of the proximity to the Afton airport there is a height restriction of 52 feet on all structures in said subdivision. 000434 Section 15. If at any time this subdivision is annexed into the Mton city and water and sewer become available to this subdivision all lots will be required to hookup to these city utilities. Section 16. Lots two thru five will be required to have an enhanced septic system as required by the county. ARTICLE IV WATER USAGE Section L Culinary Water Usa¡:e. Each lot shall be connected to a private well via "1 1/4" service or smaller. No irrigation water will be allowed from the culinary well. A. Well Maintenance and Repair. Lot owners 2-5 shall be responsible for an equal portion of the costs of well maintenance, repair, and utilities, of the well that supplies their water. B. Irri~ation. Each lot will have Dry Creek Irrigation available for irrigation purposes to coincide with the bylaws of Dry Creek Irrigation. Each lot will bé entitled to use the amount of water allowed by the irrigation district. Currently this amount is 4.8 gallons per minute per acre. Each lot owner will be responsible for an equal part of any maintenance costs of the irrigation line that is used by said lot. ARTICLE V GENERAL PROVISIONS Section L 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 insure to and pass with each and every parcel of said property and shall apply to and bind the respective successors in interest. Each guarantee of any part or portion of said property, by acceptance of a deed incorporation by reference this Declaration, accepts the same, subject to all such restriction, condition covenants, and reservations. The "Developer" or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservation, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the "Developer" or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waver of the right to do so thereafter. A breach of any restriction, condition, or covenant may be enjoined, abated, 000435 or remedied by appropriate proceedings. No such breach shall affect nor impair the lien of any bona fide mortgage or deed 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 coveI)ants whether obtained by foreclosure or 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, if violated 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; such remedy shall be deemed cumulative and not exclusive. Section 3. Severability Invalidation of anyone of these covenants or restriction by judgment or court order shall in no way affect other provisions which shall remain in full force and effect. Section 4. Duration or Restrictions. All of the conditions, covenants, and reservations set forth herein shall continue and remain in full force and effect at all times against and property and the owners thereof, subject to the right of change or modification hereinafter provided until October 20, 2007 and shall be continued in force for a period or twenty years, and thereafter for successive periods of twenty (20) years within the six month period prior to October 20, 2024 or within the six month period prior to expiration of any successive twenty-year period thereafter, a written agreement executed by sixty percent (60%) of the record lot owners covered hereby be placed on record in the Office of the Count Clerk of Lincoln County, by the terms of which agreement any of said conditions or covenants are changed, modified or extinguished, in w hole or in part, as to all or any part of the property subject thereto, in the manner and 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 twenty (20) 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 percent (60%) of the then owners of record title of said property. ARTICLE VI HOME OWNERS ASSOCIATION A homeowners association will be formed by the lot owners of the Doc Brown Acres subdivision for the purpose of officiating the affairs of the association and collecting and paying for any shared maintenance costs of the road, (grading, snow removal, ecL;) and any other shared expenses by the association. The homeowners shall elect a president and a secretary/treasurer, all of whom shall be elected for the term of three years, No one shall be eligible for the office of president who is not a homeowner in the subdivision. The office of secretary/treasurer, may be held by one person. 1- The president shall call for and preside at all meetings; shall have general supervision over the affairs of the homeowners association; shall sign written 000436 contracts; and countersign all check; and shall perform all such other dutie1 as are incident to his office. 2- The secretary shall issue notice of all homeowners meetings, and shall attend and keep minutes of said meeting; shall have charge of all books and papers; shall sign all contract; and shall perform all such duties as are incident to his office. As treasurer he shall have custody of all money and securities; shall sign all checks and keep regular books of account and shall submit them together with all vouchers, receipts, records and other papers to the homeowners as often as they require, and shall perform all such other duties as are incident of his office. 3- The funds of the association shall be deposited in such bank as the officers shall designate, and shall be withdrawn only upon the check of the Treasurer, Countersigned by the President. IN WITNESS WHEREOF, this Declaration of Restrictive Covenants, Conditions and Restrictions is executed this 11. ~ day of October 2007. ~/Þ\L A AN R. JENS~ ~ THE STATE OF WYOMING ) COUNTY OF L\\'ìc.rJ Y'\ ) SS. Eric Lish, being the owner of Lot 1, being part of the Doc Brown Acres subdivision plat, but being exempt from these covenant~ does hereby sign his acknowledgement of these covenants and restrictions on this J:J:.E... day of October 2007. ~~ Eric Lish THE STATE OF WYOMING ) . \ ) SS. COUNTY OF Lt Ylt.o h ) The foregoing instrument was acknowledged bef~ me by ERIC LISH and KELLY A. JOHNSON and ALAN R. JENSEN this 22- day of October,2oo7. Witness my hand and official seal. My Commission Expirees: County of State of Lincoln Wyoming My Commission Expires August 9, 2010