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Home My WebLink About940208 000806 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAKE ROAD SUBDMSION III IN LINCOLN COUNTY, WYOMING KNOW ALL MEN BY THESE PRESENTS, that JOY D. PETERSEN, TRUSTEE of the RONALD DABEL REVOCABLE TRUST hereafter referred to as "Declarant" or "Developet," being the owner and developer of certain real property located in the unincorporated area of the County of Lincoln, State of Wyoming, described in Exhibit "A" attached hereto and made part hereof (which property is hereinafter described as Lake Road Subdivision III), does hereby declare that all of the property described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of and which shall run 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. 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 JOY D. PETERSEN, TRUSTEE of the RONALD DABEL REVOCABLE TRUST owner of the LAKE ROAD SUBDNISION III. 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 that will become incorporated in this document. ARTICLE II 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 hannony 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. RECEIVED 6/30/2008 at 4:42 PM RECEIVING # 940208 BOOK: 698 PAGE: 806 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AR'flt:LE In USE RESTRICTIONS 000807 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, excepting a barn to house animals and or for storage, or a workshop may be constructed. All out buildings 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 buildings. A garage is required. Section 2 AU buildings of any lot shall be located a minimum of thirty (30) feet ftom the ftont lot line, measured to the foundation of such building; a minimum of ten (10) feet ftom the rear lot line; and a minimum often (10) feet ftom 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 permit any portion of a building, including such caves, steps, or open porches, to encroach upon another lot. Section 3 No derrick or other structure designed for use in boring, mining, or 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, refining, quarrying or mining operations of any kind shall be permitted on any lot. Section 4 No mercantile, manufacturing, or trade business, or business establishment of any nature shall be maintained on said land. Section 5 Animals 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 deemed a nuisance, such as very loud or very smelly will not be allowed. Section 6 There is hereby reserved ftom each lot and the owner thereof, an easement for the installation and maintenance of all types of utilities and draining fàcilities, together with reasonable rights of access to said easement. No structures shaU be placed or permitted to remain within the limits of the easement which may endanger or interfere with the installation and 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 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, or other waste shall be prohibited. All lots will be kept clean and ftee of unused items or stored in a storage building. Section 9 In the construction of authorized improvements on any property, care shall be exercised not to unduly disturb the natural landscaping thereot: Within one (I) year after construction of such improvements, the landscaping on the unimproved part of the property disturbed or destroyed during construction shall be restored by planting grass, trees, or shrubbery of appropriate character and type. Natural landscaping is encouraged. Section 10 The roads shall be private and each lot owner shall be responsible for an equal portion of the snow removal and maintenance costs of said roads. 000808 Section 11 Once sold by the Developer, no properties shall be divided, subdivided, or split. Section 12 Each lot owner will be responsible for weed control on their Lot to prevent the spreading of noxious weeds. Section 13 All permanent outside fixtures must be hooded and directed to shine down so as not to interfere with the night skies. 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 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 incorporated by reference this Declaration, accepts the same, subject to all restrictions, conditions, 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, reservations, 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 waiver of the right to do so thereafter. A breach of any restriction, condition, or covenant may be enjoined, abated, 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 covenants 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 restrictions by judgment or court order shall in no way affect 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 the property and the owners thereo( subject to the right of change or modification hereinafter provided until May 30,2013, and shall be continued in force for a period of five (5) years and thereafter for successive periods of five (5) years, unless with the six month period prior to May 30,2013 or within the six month period prior to expiration of any successive five-year period thereafter, a written agreement executed by seventy percent (60%) of the record lot owners covered hereby be placed on record in the Office of the County Clerk of Lincoln County, by the terms of which agreement of 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 thereto, 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 five (5) 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 of title of said property. ARTICLE V 000809 HOME OWNERS ASSOCIATION A homeowners association will be formed by the lot owners of the Lake Road Subdivision m 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. etc) 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 a 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. I. The president shall call and preside at all meetings; shall have general supervision over the aflàirs of the homeowners association; shall sign written contracts; and countersign all checks; and shaU perform all such other duties 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 contracts; and shall perform all such duties that are incident to this 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 that are incident to 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 and countersigned by the President. IN WITNESS WHEREOF, this ~laration of Restrictive Covenants, Conditions and Restrictions is executed this ¿:J7 day of ¿j¿;/~/ 'o/ðc:7p. d~ ~.~~ ) "E. / JOY D.l>ETERSEN, TTE THE STATE OF UTAH ) ) SS ) COUNTYOFWASmNGTON The foreg~ instrument was acknowledged before me by JOY D. PETERSEN, TIE this ~ 7' day of Wø~ ~d1?". Witness my hand and official seal. / My Commission Expires: 5'-;;';;-d2/JI/ LVU>.~OTARY PUBLIC "m~cTTE CHAMBERLAIN 279 West State ...t!urrlcane. UT 84737 ..., Commission Exp'.... May 22, 2011 51. :rE OF UTAH