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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
WICKI-UP ESTATES
RECEIVED 10/21/2008 at 2:17 PM
RECEIVING # 943062
BOOK: 707 PAGE: 466
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
· ,~ì ¡r ('.--
WHEREAS, the undersigned is the legal and beneficial owner of a certain tract of land
situated in the County of Lincoln, State of Wyoming, known as WICKI-UP ESTATES, and
more particularly described as follows:
000467
That part of the NWY-i of Section 18, T31N R1l8W, Lincoln
County, Wyoming, identical with that tract of record in said
Office in Book 623 of Photostatic Records on Page 568.
WHEREAS, the undersigned is about to sell the property described heretofore, which it
desires to subject, pursuant to a general plan of improvement, to certain restrictions, conditions,
covenants, and agreements between itself and the several purchasers of said property and
between the several purchasers of said property themselves as hereinafter set forth.
NOW, THEREFORE, the undersigned declares that the property described heretofore is
held and shall be sold, conveyed, leased, occupied, resided upon, hypothecated, and held subject
to the following restrictions, conditions, covenants and agreements between itself and the several
owners and purchasers of said property as between themselves and their heirs, successors and
assIgns:
1. MUTUAL AND RECIPROCAL BENEFITS, ETC.: All of said restrictions, conditions,
covenants and agreements shall be made for the direct and mutual and reciprocal benefit
of each and every lot created on the above described property and shall be intended to
create mutual and equitable servitude upon each of said lots in favor of each other lot
created on the aforesaid property and to create reciprocal rights and obligations between
the respective oyvners of all of the lots so created and to create a privity of contract and
estate between the grantees of said lots, their heirs, successors and assigns, and shall, as
to the owners of each lot in said tract, their heirs, successors and assigns, operate as
covenants running with the land for the benefit of all other lots in said tract.
2. TERMS OF RESTRICTIONS: Each and all of said restrictions, conditions, covenants
and agreements shall continue in full force and effect and the binding until the 1 st day of
January, 2020, upon which date same shall be automatically continued for successive
periods of 10 years each, unless it is agreed by the vote of the then record owners of a
majority of the property.
3. PETS, ANIMALS, ETC.: Pets, livestock and fowl which are generally associated with
estate type living and which are kept only for family use and/or food production and not
for any commercial purpose are pennitted on all lots except that mink, swine, goats are
not pennitted on any lot either temporarily or permanently. All pennitted animals and
ÛOû468
fowl are to be adequately maintained in a sanitary and healthful manner. No residence
shall harbor more than five (5) household pets. Notwithstanding the forgoing, horses and
cattle shall be limited to one (1) per acre of property owned.
4. SIGNS: No signs will be permitted within the Estates, except for traffic control signs, and
temporary signs warning of some immediate danger. Signs indicating a lot is for sale
may be placed in accordance with County sign regulations, and no such sign may exceed
six square feet. Notwithstanding the foregoing, the rights of lot owners and occupants to
display religious and holiday signs, symbols, and decorations on their lots of the kinds
normally displayed in residences located in single family residential neighborhoods shall
not be abridged.
5. PRIVATE RESIDENCE, TYPES OF STRUCTURES:
a. Private Residence: Said premises shall be used for private residence purposes
only, except as hereinafter set forth and no structure of any kind shall be moved
from any other place upon said premises, nor shall any incomplete building be
permitted to remain incomplete for a period of excess of one (1) year from the
date the building was started. No structures of a temporary character, trailer,
basement,. tent, shack, garage, barn or other outbuilding shall be used on any lot at
any time as a permeated residence. The minimum footprint of the private
residence shall be 1,600 square feet including garage. A minimum of 15% of the
exterior of the private residence shall be brick, stone, wood or other natural
material.
b. Type of Structures: No mobile home or trailer shall be used as a permanent
residence. No building other than one single family dwelling house, and any
appropriate outbuildings shall be erected on any of said lots, nor shall any house
construction on any of said lots be used for any purpose other than a dwelling
house or appurtenant outhouses, except the undersigned can allow two-family
residences to be located in the subdivision with a majority vote of the then
recorded property owners. Barns and other outbuildings shall not be built closer
to the road than 50 feet behind the private residence. No structure shall exceed 35
feet in height.
6. EXCAVATING: No excavation for stone, gravel or earth shall be made on said property
unless such excavation is made in connection with the erection of a building or structure
thereon.
G00469
7. GARAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary
containers and shall be promptly disposed of. All incinerators or other equipment for the
storage or disposal of such materials shall be kept in a clean and sanitary condition.
8. SEWER AND WATER SYSTEMS: Septic Tanks shall be acceptable methods of sewage
disposal for structures built within Wicki-Up Estates provided said structures meet or
exceed the Minimum Standards set forth by the Wyoming State Board of Health. Private
Wells shall be deemed as acceptable water systems in so far as they meet or exceed the
Minimum Standards set forth by the Wyoming State Board of Health.
9. EASEMENTS: Such easement and rights of way shall be reserved to the undersigned, its
successors and assigns, in and over said real property for the erection, constructions and
maintenance and permeation therein or thereon of wires, pipes, channels, conduits and
ditches for benefit of the owners of lots in said tract, as may be shown on each map and
the undersigned, its successors, and assigns, shall have the right to so reserve said
easements on any or all of the lots shown on said map. No structures of any kind shall be
erected over any of such easements, except upon written permission of the undersigned,
their successors or assigns.
Within these easements, no structure, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation and maintenance
of pipes, conduits on ditches, or which may change or alter the direction of flow of
ditches, or channels in the easements, or which may obstruct or retard the flow of water
through said channels in the easements. The easement area of each lot and all
improvements in it shall be maintained continuously by the owner of the lot, except for
those improvements for which a public authority or utility company is responsible.
10. RE-SUBDIVISION OF SITES: None of said lots may be re-subdivided, except by a
unanimous vote of the then record owners of the property. In no event, may a lot be re-
subdivided into a lot ofless than one (1) acre.
11. MANNER OF VOTING: In voting, pursuant to the provisions herein, each lot owner of
record shall be entitled to one vote for each lot owned by him, and the action resulting
from such vote is to be evidenced by a written instrument signed and acknowledged by
such lot owners and recorded in the County Recorder's Office on the County of Lincoln,
State of Wyoming.
12. USE: No noxious or offensive trade or activity shall be carried on upon any lot nor shall
anything be done thereon which may be or become an annoyance or nuisance to the
(:Oú470
neighborhood. No vehicles may be parked on any lot which cannot operate or are not
registered with Lincoln County or similar licensing authority. No stripped down or
junked motor vehicle or any sizable part thereof or any other apparatus for machinery
shall be permitted to be parked or located on any lot.
13. ENFORCEMENT: This Agreement is enforceable by bringing action in the District
Court for Lincoln County, Wyoming, or such other court, as may have jurisdiction. The
provisions are enforceable seeking money judgments and/or injunction. If a party is
required to consult an attorney or begin an action for purposes of enforcement of
covenants, conditions, or restrictions in this Agreement, the lot owner in default or
violation agrees to reimburse the party for its reasonable attorneys fees, whether suit is
filed or not. If suit is filed, all costs of enforcement will be recovered in addition to
whatever other relief a court may award.
14. ACCEPTANCE OF RESTRICTIONS: All purchasers of property described above shall
by acceptancy of contracts or deeds for every lot or lots shown therein, or any portion
thereof, thereby be conclusively deemed to have consented and agreed to all restrictions,
conditions and agreements act forth.
15. SEVERABILITY: It is expressly agreed that in any event any covenant or conditions or
restriction herein contained, or any portion thereof, is adjudicated to be unenforceable,
the remainder of the Agreement shall remain in full force and effect.
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Brenda Livingston ~
~~
Alisa _-.: - _HU fìnd('e.ws
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COMMON ROADWAY MAINTENANCE AGREEMENT
ú00471
This agreement is entered into as of October 1, 2008, among the undersigned lot owners
(hereinafter referred to as "the Owners").
WHEREAS, the Owners are owners of record oflots in the Wicki-Up Estates
Subdivision according to the plat thereof filed of record with the Clerk of Lincoln
County, Wyoming, and the lots are served by a common roadway, known on the official
Lincoln County records as "Wicki-Up Way".
WHEREAS, the Owners desire to enter into this Agreement providing for the
maintenance of" Wicki-Up Way" (hereinafter referred to as "the Road").
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the
Owners agree as follows:
MAINTENANCE EXPENSES. The Owners agree to share all qualified maintenance
expenses for the Road with the owner, i.e., the Owners bearing a share of such expense
equal to 1/5th (one fifth).
The term "qualified Maintenance expenses" means all normal, recurring expenses for
repair of pot holes, repair of washboard bumps and similar expenses incurred after this
date. Any cost of extensive road surfacing, culverts, ditches, bridges, and other
substantial improvements must be approved by all Owners in advance.
It is understood and agreed that one of the Owners, or designee, shall serve as the
manager of these road maintenance activities, and may be appointed and replaced by a
vote of 51 % or more in interest of all the Owners provided it is expressly understood that
the manager shall not be liable in any way to the Owners and their guests and invitees for
either procuring or failing to procure such road maintenance services.
The manager shall bill the Owners for their share of such qualified expenses on a periodic
basis as the manager deems appropriate. If any Owner fails to make any such payment
within 25 days after the date of mailing the billing, then such Owner shall be liable for a
10% late charge payable on demand to the manager, plus any reasonable attorney fees
incurred by the manager by reason of default. The obligation to pay late charge and
attorney fees shall be personal to the defaulting Owner of record at the time the expense
occurred.
An Owner may insist, in a reasonable manner, on receiving receipts validating an
expense before contributing to payment of the expense.
The manager may resign at any time on notice to the other Owners. The Owners will use
reasonable efforts to cooperate with one another, and with the manager, in carrying out
the purpose of this Agreement for the benefit of the participating Owners.
Page 1 of2
Continuation of Common Roadway Maintenance Agreement
,'" ........... .".. - ..-~ -
BINDING EFFECT. This Agreement shall be binding upon and insure to the benefit of
the parties hereto and their successors and assigns holding any interest in the lands
affected hereby. Any amendment of this Agreement must be agreed to in writing by all
of the Owners, provided that the owner or owners of at least 50% beneficial interest of
record in one property may bind all of the Owners of such property for purposes of this
agreement. If there is more than one Owner of any property, then all of the Owners of
such property shall be jointly and severally liable hereunder.
RECORDATION. This agreement shall become effective when duly signed by all of
the participating Owners and recorded in the public records of Lincoln County,
Wyoming.
ENTIRE AGREEMENT. All representations and agreements made by the parties here
to relating to the subject matter ofthe Agreement have been incorporated Herein, and,
there are no verbal agreements between the parties which modify the terms of this
Agreement.
IN WITNESS WHEREOF, This Agreement has been duly executed and delivered by
all the undersigned Owners.
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Address
Date
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Page 2 of2
STATE OF UTAH )
) ss.
County of Utah )
00û473
On the 9th day of October, 2008, personally ¡peared before me Roger L. Livingston,
Brenda Livingston, Rodney Livingston, and Alisa ~_if;-\vho being by me duly sworn, did
say, each for himself or herself, that they are the Owners of the property described herein and
that they have executed the foregoing instrument.
.
Notary ubllc
ROSS S WOLFLEY
739 E Coventry Lane
Alpine, Utah 84004
My Commission Expires
January 15, 2011
TATE F TAH