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Home My WebLink About942714 CiOv39j. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF RAMBLIN HILLS RANCH SUBDIVISION NO. II THIS DECLARATION is made as of ~+h day of ~, 2008, by Kathleen E. Erickson, hereinafter referred to as "declarant", the owner of the following described real property located in the Freedom area of Lincoln County, Wyoming ("the property") : Lot 1 and 2 of the Ramblin Hills Ranch Subdivision No. II as the same is platted and of record in the office of the Lincoln County Clerk, Kemmerer, Wyoming. NOW, THEREFORE, declarant hereby declares that all of the property 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 property and be binding on all parties having any right, title or interest in the property 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. The property shall be used exclusively as single family residential property. Section 2. GENERAL RESTRICTION. The following general restrictions shall apply to the property. (a) The property 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 portion of the property from time to time by the owner thereof. (b) The property 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. (c) No noxious or offensive activity shall be carried on upon the property, 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 the property. 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 property, are entitled to the reasonable enjoyment of its natural benefits and RECEIVED 10n/2008 at 11 :35 AM RECEIVING # 942714 BOOK: 706 PAGE: 391 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Page 2 of7 ûOû392 surroundings. 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 on the property. (d) No domestic livestock animals or fowl of any kind shall be allowed on the property except not more than (2) horses, (2) dogs and (2) cats. Barking dogs constituting a nuisance shall be confined in 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 the property except for a wooden residential identification sign of a combined total face area or three (3) square feet or less. (f) No permanent house trailer, mobile home, tent, teepee, shack or similar facility or structure shall be kept, placed or maintained upon the property at any time. The terms "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 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 temporarily or permanently upon a foundation: However, a travel trailer or motor home may be used during construction of a home. This use will be limited to the 12 months after commencement of construction of the home. (f) All vehicles, including without limitation, motor vehicles, over-the-snow vehicles, trailers of any kind, truck campers, motor homes, or boats shall be kept on a cement or gravel pad. No inoperative vehicle shall be kept on the property for more than thirty (30) days. (g) 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 collection and Page 3 of7 disposal of garbage and trash not less than once each week. The cost of garbage and trash collection shall be performed by or paid by each owner in accordance with the billing of the collector. Burning oftrash or garbage shall not be allowed on the property. 00û393 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 on the property. Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the property 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, and storage building( s) to be used to house vehicles, equipment or supplies. Section 3. (a) Section 4. (a) DESIGN CHARACTER. All buildings must comply with the State of Wyoming, and Lincoln County Building Codes and the United Builders Code. All buildings constructed shall be built on a concrete foundation. (b) No building of any kind may be constructed on the property without prior architectural approval. Prior to commencing any construction of any kind, each 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 assignee shall have the same authority as to architectural approval as declarant has reserved herein. BUILDING DESIGN AND SETBACKS. The minimum floor area of any single family residence shall not be less than fifteen hundred (1500) square feet at ground level, exclusive of a garage, carport, or porches or decks and other outbuildings. All outbuildings constructed on the property shall have not less than four hundred and Page 4 of7 fifty (450) square feet of enclosed space therein at ground level. (:-00394 (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 cause objectionable glare to any neighboring resident. Solar collectors shall be integrated into the structure ofa residence, garage, carport, or other accessory building and shall not be free standing. (c) Automobile storage shall provide for a minimum of one indoor parking space in either a carport or a garage, for each dwelling unit. If a carport is used to provide the required indoor parking space, a fully enclosed and roofed storage space with a minimum floor area of one hundred (100) square feet shall be provided in addition to the carport. Parking spaces, whether interior or exterior, 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 twenty (20) feet from any exterior property line. (e) No structure shall be erected, altered, placed or permitted to remain on the property which shall exceed either two stories in height or thirty-five feet maximum. Height shall be measured from the natural grade on the highest side of the improvement to the highest point of the roof or any projection therefrom, including chimneys. All roofs shall have a slope of 4 x 12 or steeper. (f) All electric, telephone, sewer, water, and all of the utility installations and connections located on the property shall be placed under the ground. (g) No fuel tanks, water tanks, or similar storage facilities shall be placed or constructed on the property, except for one (1) propane storage tank used in connection with heating buildings on the property. (h) There shall be no exterior lighting of any sort either installed or maintained, the light source of which is visible from the neighboring property with the exception of a Page 5 of7 , single porch light, and all exterior lighting shall be incandescent lighting. êOú395 (i) All construction, reconstruction, refinishing, alterations an 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. ARTICLE III MISCELLANEOUS PROVISIONS Section 1. 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-of-door toilets shall be permitted. All sewer systems shall be maintained so as to not constitute a nuisance to the adjoining lots. Section 2. WATER SYSTEMS. Each residential building shall be connected to a private water system at the owner's sole expense, and such water system shall conform to all applicable standards of the State of Wyoming, Lincoln County or other regulatory agency. All water systems shall be maintained so as to not constitute a nuisance to the adjoining lots. Section 3. ACCESS ROAD. A private road named Ramblin Hill Road provides access for ingress and egress and all utilities from Lincoln County Road No. 12- 116 to the property. Each lot in property shall have an easement for such use of that road. The same private road also provides such access to other surrounding lands. Each property owner shall be responsible for the reasonable and fair share of the maintenance expense of that road, including winter snow removal, based upon the use made of the road access to each lot in the property and to the other land for which the road is used for access. Section 4. EXCA V A TION AND MINING. No excavation of any kind, including that for stone, sand, gravel or earth shall be made on the property except for such excavation as may be necessary in connection with the erection of any approved improvement thereon. Section 5. EXTERIOR FIRES. There shall be no exterior fires whatsoever except barbecue fire contained within receptacles and such fire as may from time to time be permitted by Lincoln County fire regulations. Page 6 of7 00\)396 Section 6. CLOTHES LINES. Outside clothes lines or other outside drying or airing facilities shall be maintained exclusively within a fenced service yard and shall not be visible from neighboring properties. Section 7. (a) (b) HUNTING. PETS. The following restrictions shall apply: No hunting of wildlife of any sort will be allowed on the property. All pets will be controlled at all times and will be fenced when not under the owner's immediate verbal command. Section 8. LOT DIVISION. No separate lot or parcel ofland within the property shall be divided or subdivided in any way without the declarant's prior written consent. ARTICLE IV GENERAL PROVISIONS Section 1. ENFORCEMENT. Each grantee of any lot of the land within the property 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, and restrictions. Declarant or any owner of any portion of the property to which these covenants apply 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 declarant or by any owner to enforce any covenant, restriction, condition, or reservation 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. In addition to any such relief granted, 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 and restrictions whether obtained by foreclosure or at a trustee sale or otherwise. Section 2. DEFINITION OF NUISANCE. Every act or omission whereby any restriction, condition or covenant 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 her successors in interest or by any affected lot owner and such remedy shall be deemed cumulative and not exclusive. Section 3. SEVERABILITY. Invalidation of any one 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. iL Page 7 of7 ûOû397 Section 4. DURATION. These covenants, conditions and restrictions are to run with the land and shall be binding on all owners of any and all lands within the property until August 1, 2018, at which time said covenants shall be automatically extended for successive periods of twenty (20) years, unless it is agreed within ninety (90) days before or after August 1, 2018 or any subsequent August 1, by owners of a majority of the lots within the property to change any of the provisions of this declaration in whole or in part. Any change or modification in the provisions of this declaration shall be valid if made within the time specified above and if signed by the owners of a majority of the lots within the property and recorded in the Office of the County Recorder of Lincoln County, Wyoming, such modification or change to be effective from the date of recording. Any modification or change to this declaration shall then be binding for successive periods of twenty (20) years from August 1 of the year modified unless modified again according to the terms of this paragraph. Section 5. GOVERNING LAW. This declaration shall be governed by the laws of the State of Wyoming and shall be binding upon 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. f(;~ ~~ . \ß ' v 'l./ '? 5fr{ k 'een E. Erickson STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing Declaration of Covenants, Conditions and Restrictions of Ramblin H~lls Ranch Subdivisio~.N~. fI was acknowledged before my by Kathleen E. Erickson this ú~" dayof~008. Witness my hand and official seal. My commission expires: tuL ;:::='~~;,,-r.'-"'''';::-'~.:-'':'' .":-~,,,._~.~~.,..,... _.,._..,.~,..,_ "",,_ CATHY tŒ1éì·¡(;~~ '--"NÔr;~~y PUBLIC '" . COUNTY OF STATE OF LINCOLN WYOMING MY co~nl.~,~¿?..'!.~~~~S~9. 2009