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HomeMy WebLinkAbout941030 1"'I.t:l"t:1 v II, \:J It- ~~l U.)U Cflfl OJ c) .. O-~536 ..: 0 .'. BOOK: 701 PAGE: 536 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CAMEO ESTATES SUBDIVISION THIS DECLARATION is made as of May 14, 2008, by Deloyd D. Hillstead and Pamela J. Hillstead, husband and wife, hereinafter referred to as "declarant", the owner of the property described as the Cameo Estates Subdivision, consisting of Lots 1, 2, 3, 4, and 5, located within the NE1/4 of Section 3, T31 N, R119W, Lincoln County, Wyoming, and which is hereinafter referred to as "the properties" or "the lots" or "the Subdivision". A subdivision plat for the Subdivision has been prepared by Surveyor Scherbel, L TO., and approved by the Lincoln County Board of County Commissioners ("the plat"). The provisions contained on that plat including, without limitation, the "Plat Warnings", Certificate of Owners, "Open Space" provisions, and easements are incorporated herein by this reference. NOW, THEREFORE, declarant hereby declares that all of the properties described shall be held, sold and conveyed subject to the following 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 properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I USE AND RESTRICTIVE COVENANTS Section 1. LAND CLASSIFICATION. All land within the Cameo Estates Subdivision has been classified as single family residential property. Section 2. to all of the lots. GENERAL RESTRICTIONS. The following general restrictions shall apply (a) Each lot or tract shall be used exclusively for residential purposes, and no more than one family (including servants and transient guests) shall occupy such residence; provided, however, that nothing in this subparagraph (a) shall be deemed to prevent the leasing of any lot from time to time by the owner thereof. (b) Each residential lot and any and all improvements from time to time located thereon shall be maintained by the owner thereof in good condition and repair, and in such manner as not to create a fire hazard, all at such owner's sole cost and expense. Landscaping should be neat and attractive and noxious weeds controlled. 000537 (c) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other owners in the enjoyment of their lots. In determining whether there has been a violation of this subparagraph recognition must be given to the premise that owners, by virtue of their interest and ownership in the Cameo Estates Subdivision, are entitled to the reasonable enjoyment of the natural benefits and surroundings of the Subdivision. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the lots and improvements located thereon, shall be placed or used upon any lot. (d) No domestic livestock animals or fowl of any kind shall be allowed on any lot except as follows: 1) not more than two (2) dogs or cats; 2) not more than four (4) horses; and 3) not more than two (2) pigs, cattle or sheep being raised as part of a 4-H or County Fair Project. Barking dogs constituting a nuisance shall be confined in a sound resistant enclosure during normal sleeping hours. All dogs weighing over ten pounds shall be kept and maintained in a fenced area. (e) No signs whatsoever, including but without limitation, commercial, political and similar signs, visible from neighboring property, shall be erected or maintained upon any lot except for a wooden residential identification sign of a combined total face area of twelve (12) square feet or less and a standard sized real estate "for sale" sign. (f) No manufactured house, house trailer, mobile home, tent, teepee, shack or similar facility or structure shall be kept, placed or maintained upon any lot at any time. The terms "manufactured house", "house trailer" or "mobile home" as used herein includes, but is not limited to, any building or structure with wheels and/or axles and any vehicle, used at any time, or constructed so as to permit its being used for the transport thereof upon the public streets or highways and constructed in a manner as to permit occupancy thereof as a dwelling or sleeping place for one or more persons, and shall also mean any such building, structure or vehicle, whether or not wheels and/or axles have been removed, after such building, structure or vehicle has been placed either temporarily or permanently upon a foundation. However, Owners may keep a motor home, camp trailer or similar recreational vehicle on a Lot so long as the vehicle is currently registered and not used for residential purposes on the Lot except during construction of the permanent residence. (g) All motorcycles, A TV's, and over-the-snow vehicles shall either be kept inside an enclosed area or an enclosed trailer on the lot. No inoperative vehicle shall be kept on the premises for more than thirty (30) days unless it is parked inside an enclosed building. All of the restrictions set forth in this paragraph (g) apply also to Cameo Court. 2 000538 (h) All garbage and trash shall be placed and kept in covered containers which shall be maintained so as not to be visible from neighboring property. Each owner shall provide for the collection and disposal of garbage and trash not less than once each week. The cost of garbage and trash collection shall be paid by each owner, in accordance with the billing of the collector. No rubbish or debris of any kind shall be placed or permitted to accumulate on any lot. ARTICLE II STANDARDS AND RESTRICTIONS APPLICABLE TO CONSTRUCTION Section 1. GENERAL APPLICATION. The following standards and restrictions are applicable to the construction, reconstruction, alteration, and refinishing of any and all improvements from time to time existing upon the properties. Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the properties other than one single family dwelling to be occupied by the owner, his lessee, guests and servants, garage, guest house for the use of guests and not for rent, storage building(s) to be used to house vehicles, equipment or supplies, greenhouses and barns. Section 3. DESIGN CHARACTER. All buildings shall be constructed in character with each other specifically by using similar exterior roofing, building material and coloring on each building on the property. (a) Exterior materials shall be earth tones or of rough sawn natural wood, peeled log, stone, exposed aggregate concrete, or similar rough textured natural material, vinyl siding, steel siding, Hardy Board siding with wood-grain texture, brick, and stucco. Roof materials shall be cedar shake or shingle or high quality composite shingle. Ribbed metal roofing on reflective flat colored finish shall also be allowed. Roofs on all residences, garages, and other outbuildings shall have a minimum pitch of 4 feet in 12 feet and shall have a minimum overhang of 18 inches. (b) All buildings must comply with any and all State of Wyoming, and Lincoln County Building Codes and also UBC and IBC standards. (c) No building of any kind may be constructed on any lot without prior architectural approval. Prior to commencing any construction of any kind, each lot owner must submit plans and specifications for such construction for architectural approval. Initially, architectural approval must be received from the declarant. Declarant reserves and shall exercise sole and absolute discretion to grant or deny architectural approval. However, declarant also reserves the right to assign the approval authority to another person or entity at any time. Any such 3 000539 assignee shall have the same authority as to architectural approval as declarant has reserved herein. Section 4. BUILDING DESIGN AND SETBACKS. (a) The minimum floor area of any single family residence shall be not less than twelve hundred (1,200) square feet at ground level, exclusive of a garage, carport, porches or decks and other outbuildings. (b) Solar collectors may be of any construction, materials or pitch required for efficient operation, but they shall not be placed on any structure in a manner which causes objectionable glare to any neighboring resident. Solar collectors shall be integrated into the structure of a residence, garage, carport, or other accessory building and shall not be free standing. (c) Automobile storage for each residential dwelling shall consist of a minimum of two indoor parking spaces in a garage that is either detached or attached to the residence. Parking spaces in the required garage shall have minimum dimensions of not less than ten (10) feet wide by twenty-five (25) feet long and shall be readily accessible by a driveway. (d) No building shall be located nearer than ten (10) feet from any exterior property line. (e) No structure shall be erected, altered, placed or permitted to remain on the property which shall exceed two stories in height. (f) All electric, television, radio, telephone, sewer, water,and all of the utility installations and connections located on the property except propane tanks in the property owner's discretion shall be placed under the ground. (g) All construction, reconstruction, refinishing, alterations and excavations shall proceed diligently from the date of commencement and shall be completed within twelve (12) months from the date of commencement except for so long as such completion is rendered impossible or would result in great hardship to the owner due to strikes, fires, national emergencies or national calamities. 4 ARTICLE III MISCELLANEOUS PROVISIONS OO~, S40 Section 1. WATER AND SEWER SYSTEMS. Each residential building shall be connected to a private sewage disposal system at the owner's sole expense, and such sewage disposal system shall conform to all applicable standards of the State of Wyoming, Lincoln County or other regulatory agency. No out-door toilets shall be permitted. All sewer systems shall be maintained so as to not constitute a nuisance to the adjoining lots. Domestic water supply shall be the responsibility of the individual property owner, shall be installed at the expense of the individual property owner, and shall be constructed in conformity with the laws of the State of Wyoming and Lincoln County. Irrigation water is provided to the Subdivision through the HSB Pipeline. All lot owners are individually responsible to arrange for, construct, and maintain their own individual connections to the HSB Pipeline and to pay their share of the operation and maintenance of that Pipeline as billed to them. Section 2. SUBDIVISION ROAD. A private road named Cameo Court provides access for ingress and egress and all utilities from the Bitter Creek County Road No. 12-140 to the lots in the Subdivision. Each lot in the subdivision has an easement for such use of that road. Declarant shall construct the road according to the requirements of Lincoln County, Wyoming. Declarant is not responsible for maintenance or snow removal after construction of the road. Upon sale by the Declarant of a lot, that lot owner becomes immediately liable for an undivided 20% share of all operating and maintenance expenses of the road including snow removal. Section 3. EXCAVATION AND MINING. No mineral rights are being transferred to any of the lots. No excavation of any kind, including that for stone, sand, gravel or earth shall be made on Lots 1, 2, 3, 4, or 5 except for such excavation as may be necessary in connection with the erection of any approved improvement thereon. No oil drilling, oil development operation, quarrying, or mining operations of any kind shall be permitted upon Lots 1, 2, 3, 4, or 5. Section 4. FENCES. Within 30 days of the purchase of a lot, the lot owner shall at his expense and without any contribution from declarant construct legal fences as defined in the laws of the State of Wyoming (W.S. 11-28-102) on his lot boundary as provided herein. The owners of Lots 1, 2, and 3 must fence their entire east boundary. However, those fences must be located west of the west boundary of the HSB Irrigation System, Inc., easement as depicted on the plat. The owners of Lots 3 and 4 must fence their entire south boundary. 5 \;,00541 Section 5. EXTERIOR FIRES. There shall be no exterior fires whatsoever except barbecue fire contained within receptacles and such fires as may from time to time be permitted by the Lincoln County fire regulations. Section 6. CLOTHES LINES. Outside clothes lines or other outside clothes drying or airing facilities shall be maintained exclusively within a fenced service yard and shall not be visible from neighboring properties. Section 7. HUNTING, PETS, The following restrictions shall apply: (a) No hunting of wildlife of any sort will be allowed within the confines of the Subdivision. (b) All pets will be controlled at all times and will be fenced when not under the owner's immediate verbal command. Section 8. COMBINATION OF LOTS. Two or more contiguous lots within the Subdivision may be combined. ARTICLE IV GENERAL PROVISIONS Section 1. ENFORCEMENT. Each grantee of a lot of the Subdivision by acceptance of a deed or execution of a contract of purchase incorporating by reference this declaration accepts the same, subject to all such conditions, covenants, reservations, easements, rights-of-way and restrictions set forth herein or on the plat. Declarant or any lot owner shall have the right to enforce, by any proceeding at law or in equity, all conditions, covenants, reservations, easements, rights-of-way, restrictions, liens, and charges now or hereafter imposed by the provisions of this declaration. Failure by declarant or by any owner to enforce any conditions, covenants, reservations, easements, rights-of-way and restrictions contained herein shall not be deemed a waiver of the right to do so thereafter. A breach of any restriction, condition or covenant may be joined, abated or remedied by appropriate proceedings. The declarant or owner or other party shall be entitled to recover their fees, costs, and expenses, including reasonable attorney's fees, from the party against whom enforcement action is brought. No such breach shall affect or 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, covenants, reservations, easements, rights-of-way and restrictions whether obtained by foreclosure or at a trustee sale or otherwise. 6 0005~·2 Section 2. DEFINITION OF NUISANCE. Every act or omission whereby any condition, covenant, reservation, easement, rights-of-way or restriction in this declaration is violated in whole or in part is declared to be and shall constitute a nuisance and may be abated by the declarant or his successors in interest or by any lot owner and such remedy shall be deemed cumulative and not exclusive. Section 3. SEVERABILITY. Invalidation of anyone of these covenants, conditions and restrictions, by judgment or court order shall not be deemed to affect other provisions of this declaration which shall remain in full force and effect. Section 4. DURATION AND AMENDMENT. All of the covenants, conditions and restrictions set forth in this Declaration shall continue to remain in full force and effect at all times against the Subdivision lots and the Owners thereof, subject to the right of amendment or modification provided for below, for a term of twenty (20) years, after which time they shall automatically be extended for successive periods of twenty (20) years. This declaration may be amended during the first twenty (20) year period by an instrument in writing signed by not less than sixty percent (60%) of the Lot Owners, and thereafter by an instrument in writing signed by not less than sixty percent (60%) of the Lot Owners, which amendment becomes effective when the instrument is recorded in the Office of the County Clerk of Lincoln County, Wyoming. The Declarant shall have the right in his sole discretion, during such time as Declarant owns not less than two (2) Lots, to amend or modify this Declaration by an instrument in writing, and all Lots within the Subdivision including those previously sold shall be subject to such modification. Any such amendments shall be duly executed by the Declarant and are effective when recorded in the Office of the County Clerk of Lincoln Cçunty, Wyoming. Section 5. GOVERNING LAW. This declaration shall be governed by the laws of the State of Wyoming and shall be binding upon the heirs, executors, administrators, successors and assigns of the declarant and the owners. IN WITNESS WHEREOF, declarant has executed this Declaration as of the day and year first above written. ()~~ Deloyd D. Hillstead ,j)~ f{-< 'Q LV' Pamela J. illstead 7 006543 STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing Declaration of Covenants, Conditions and Restrictions was acknowledged before me by Deloyd D. Hillstead and Pamela J. Hillstead, husband and wife, this srcl day of June, 2008. Witness my hand and official seal. Jj 1'~u,'''-'''' GERALD L. GOULDING - NOTARY PUBLIC County of Lincoln State of Wyoming /Þudd~~ My Commission Expires May 2, 2011 - My commission expires: May 2, 2011. 8