HomeMy WebLinkAbout935748
RECEIVED 12/21/2007 at 11 :54 AM
RECEIVING # 935748
BOOK: 681 PAGE: 773
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
WHEN RECORDED RETURN TO:
STOKER ADDmON
o/oJim W. Stoker
Box 322
Thayne, Wyoming 83127
000773
Space above this line reserved for Recorder's use only
DECLARATION OF COVENANTS, CONDmONS & RESTRICTIONS
TIllS DECLARATION made on the date hereinafter set forth by Jim W. Stoker 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 Jim W. Stoker 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
WHEREAS, Declarant will convey the said property, subject to certain protective covenants, conditions,
restrictions, . reservations, easements, liens and charges as hereinafter set forth;
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 run 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 of land shown upon any recorded subdivision 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 perfonnance of any obligation.
Section 4. "Declarant' shall mean and refer to Jim W. Stoker.
ARTICLE II ARClllTECTURAL CONTROL
000774
Section 1. No building, fence, structural wall, or other structure shall be commenced, erected or maintained upc
the property, nor shall any exterior addition to or change or alteration therein be made until the plans and specification!
showing the nature, kind, shape, heights, materials and location of the same shall have been submitted to and approved
writing, as to harmony of external design and location in relation to surrounding structures and topography by Jim W.
Stoker. Prior to commencement of any excavations, construction or remodeling of any structure theretofore complete!
there shall first be filed with Jim W. Stoker, 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 Jim W. Stoker shall endorse said plans as being in compliance with these covenants and are
otherwise approved. The secqnd set of plans shall be filed as a pennanent record with Jim W. Stoker. 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 not 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 ofless 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 ofless 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.
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 rrom the date of obtaining a
building permit rrom the town of Thayne. Landscaping shall be completed within 60 days of home
completion. 000775
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 from 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 IV - 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, 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;
and such remedy shall be deemed cumulative and not exclusive.
000776
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 successive periods often years each without
limitation, W11ess 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 COW1ty
Recorder of Lincoln COW1ty, 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 W1til 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 WTINESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and
seal this ? day of f 77: ' 2007.
~~.~
Jim . Stoker
State of Wyoming
}
COW1ty of Lincoln }
The foregoing instrument was acknowledged before me this 1.ft.,day of ~
W. Stoker.
}
, 2007 by Jim
Witness my hand and official seal.
My com:øoiD~i/( f
r I
NOTARY ~IC
~y~~
DeVonna Frasier - Notary Public
County of .. State of
Uncaln . Wyoming
My Commission Expires July 1, 2011
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000777
CERTIFICATE OF OWNER
State of Wyoming )
)ss..
County of Lincoln )
In accordance with Statutes W.S. 34-12-102 and W.S. 34-12-103, I, Jim Stoker, whose address
is P.O. Box 322, Thayne, Wyoming 83127, being duly sworn on oath according to law do
hereby make the following statement of facts an(j certify:
I
That I am. the owner and proprietor of real property shown hereon and r~ferred to in the Dee~
recorded In Book 541 PR, on Page 581, wIth tne Office of the Clerk of Lincoln County, Wyoming,
within the NE1/4 of Section 23, T34N, R119W, of the 6th P.M., The Town of Thayne, Lincoln
County, Wyoming.
That the Subdivision from this property is with our free consent and desires.
That the name of the subdivision shall be the Stoker Addition to the Town of Thayne, the Metes
and Bounds being more particularly described as follows:
BEGINNING at a Point in the North line of the Merica pro[?erty, as referred to in the Deed recorded
in Book 631, on Page 207, with said Office, said Point of Beginning, being 822.35 fßet
N1 °08'17"E, along [he West line of the NW1/4 of Section 24, of said T34N, R119W to the
Northeast corner of said Merica property, and N88°51'42"W. along the North line of said Merica
property, 60.00 feet, from the Lloyd B. 8aker PE/LS 698, 1995Iocation for the Southwest Corner
of said NW1/4; thence N88°S1'42"W, continuing along said Merica North line, 172.43 feet to a .
Point in the East line at the Lincoln County School District No.2 prop-erty, as referred to in the Deed
recorded in Book 380PR, on Page 227, wIth said Office; thence N1°08'54"E, along said East line,
487.57 feet to a Point in the Sou1h line at the Paul property, as reterred to in the Deed recorded in
Book 625, on Page 294, with said Office; thence S88°36'crO"E, along said South line, 172.35 feet;
thence S01 °08'18"W, parallel with said West line, 486.79 feet, to the Point at Beginning, containing
6 Lots Encompassing 83,985± Sq. Ft. 1.93± Acres of land.
TOGETHER WITH and SUBJECT TO: The 60 feet wide Right-at-Way Easement for Ingress Egress,
and Utilities, as referred to in the Right-at-Way Easement recorded in Book 605PR, on Page 35,
with said Office.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations, Restrictions,
Rights-at-Way and Improvements of sight and or record.
That Wright Street, King Street, and the Utility Right-at-Way Easements, as shown hereon, are and
shall be granted to the owners, successors, and assigns of all of the Stoker Addition to the Town of
Thayne, and the Town of Thayne.
That all rights under and by virtue of the Homestead Exemption Laws of the State of Wyoming are
hereby reTeased.
Jim st'¿~_---=:~~---_·_··-
I'
ACKNOWLEDGMENT
~8Õ¡OregOing instrument was acknowledged before me by Jim Stoker, this ~P¡jay of ~
Witnessed my hand and official seal:
c1. _ _ . J 7-1.5- -VJo9
u Ic~ommlssion expires:
JOANJENSEN-NQTARYPUBUC
COUNTY OF. STATE OF
UNCOlN WYOMING
MY COMMISSION EXPIRES '1-15 -ð 9
~TIFICATE OF
10 ZONING COMMITTEE
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