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HomeMy WebLinkAbout943818 O'Oô696 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS REEVES FARMS, INC. THIS DECLARATION is made by Reeves Farms, Inc., a Wyoming corporation with principal place of business located at Smoot, Lincoln County, Wyoming, hereinafter referred to as "declarant", the owner of the following described real property located in Lincoln County, Wyoming, and which is hereinafter referred to as "the land" or "tract": Tract 1 That part of the SE1/4SE1/4 of Section 6, T30N, R118W, Lincoln County, Wyoming, being part of that tract of record in the office of the Lincoln County Clerk in Book 608, page 881, as more particularly described on the attached "Description for Reeves Farms Inc. Steven's Tract - Revised" which is incorporated herein by this reference. Tract 2 That part of the SE1/4SE1/4 of Section 6, T30N, R118W, Lincoln County, Wyoming, being part of that tract of record in the office of the Lincoln County Clerk in Book 608, page 881, as more particularly described on the attached "Description for Reeves Farms Inc. Halls Tract - Revised" which is incorporated herein by this reference. NOW, THEREFORE, declarant hereby declares that the land 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 the land, and which shall run with the land and be binding on all parties having any right, title or interest in the land 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 of the land is hereby classified as single family residential property. RECEIVED 11/25/2008 at 12:28 PM RECEIVING # 943818 BOOK: 709 PAGE: 696 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000697 ~, , , Section 2. to the land. GENERAL RESTRICTIONS. The following general restrictions shall apply (a) Each 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 a tract from time to time by the owner thereof. (b) Each tract of land 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. (c) No noxious or offensive activity shall be carried on upon the land, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to owners adjoining or nearby 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 of adjacent or nearby land, are entitled to the reasonable enjoyment of the natural benefits and 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 land and improvements located thereon, shall be placed or used upon the land. (d) No domestic livestock animals or fowl of any kind shall be allowed on the land except not more than one dog or one cat. 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 the land except for a wooden residential identification sign of a combined total face area of three (3) square feet or less. (f) No manufactured house, house trailer, mobile home, tent, teepee, shack or similar facility or structure shall be kept, placed or maintained upon the land at any time except for 2 OOô698 camp trailers or tents used for temporary shelter by guests such as for summer family reunions. 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. (g) All vehicles, including without limitation, motor vehicles, over-the-snow vehicles, trailers of any kind, truck campers, motor homes, or boats shall be kept in an enclosed area on any tract of land. No inoperative vehicle shall be kept on the premises for more than thirty (30) days. (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 on a regular basis. The cost of garbage and trash collection shall be paid by each owner, in accordance with the billing of the collector. 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 any tract of the land. Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on any tract of the land 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. DESIGN. All buildings must comply with the State of Wyoming, and Lincoln County Building Codes. No metal roofs are allowed except for ribbed metal roofing with reflective flat colored finish. 3 Section 4. BUILDING DESIGN AND SETBACKS. 00&699 (a) The minimum floor area of any single family residence shall be not less than fifteen hundred (1,500) 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 fifty (450) square feet of enclosed space therein at ground level. (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 shall provide for a minimum of two indoor parking spaces in either a carport or a garage. 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 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 one story in height or fourteen 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. (f) All electric, cable television, radio, telephone, sewer, water, and all of the utility installations and connections located on the property shall be placed under the ground. (g) 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 single porch light or yard light, and all exterior lighting shall be incandescent lighting. 4 t OOû700 (h) 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. ARTICLE III MISCELLANEOUS PROVISIONS Section 1. WATER AND SEWER SYSTEMS. Unless a community culinary water system is available, each owner is responsible to provide a private water system using a well and related structures. 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, and must consist of an "enhanced wastewater treatment system". No out-door toilets shall be permitted. All water and sewer systems shall be maintained so as to not constitute a nuisance to the adjoining lands. Section 2. EXCAVATION AND MINING. No excavation of any kind, including that for stone, sand, gravel or earth shall be made on the land 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 the property. Section 3. EXTERIOR FIRES. There shall be no exterior fires whatsoever except barbecue fires contained within receptacles and such fires as may from time to time be permitted by the Lincoln County fire regulations. Section 4. (a) (b) HUNTING, PETS. The following restrictions shall apply: No hunting of wildlife of any sort is allowed. All pets must be controlled at all times. Section 5. LAND DIVISION. No tract shall be divided or subdivided in any way. 5 ARTICLE IV GENERAL PROVISIONS ~OOû70:1 Section 1. ENFORCEMENT. Each grantee 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 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, 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 his successors in interest or by any affected land 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. Unless amended subsequently by declarant, all of the covenants, conditions and restrictions set forth in this declaration shall be permanent and continue to remain in full force and effect at all times. This declaration may be amended or terminated at any time by an instrument in writing in recordable form executed by declarant. Such instrument becomes effective when it is recorded in the Office of the County Clerk of Lincoln County, Wyoming. 6 900702 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 4th day of November, 2008. Reeves Farms, Inc., a Wyoming corporation By: Altest: r~ A~ A~~(.) t 111 AAAA-, ~etary L STATE OF WYOMING ss. COUNTY OF LINCOLN On this II.¡./, day of November, 2008, before me personally appeared Polly R. Erickson, to me personally known, who, being by me duly sworn, did say that she is the President of Reeves Farms, Inc., a Wyoming corporation, described in and which executed the foregoing instrument; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and said Polly R. Erickson acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and notarial seal the day and year first above written in this certificate. GERALD L. GOULDING - NOTARY PUBLIC County of Lincoln State of Wyoming ÆM/d/rY ~ NOTARY PUBLIC My Commission Eixpires May 2, 2011 My commission expires: May 2, 2011. 7 Prols,sionæ land Survsyor. Paul N. Scherbel Wyo. Reglslralloo No. 164 Utah Reglslrøllon No. 1670 Idaho Regislralion No. 3990 Nevada Reglslratlan No. 6805 soon A, Scherbel Wyo, ReglølraliDll No. 3889 Idaho RøglslraUon No. 8026 Utah Reglslration No. 372111 MARLOWE A, SCHERBEL Wyo. Reglslralioo No. 536B Surveyor 3l11erbøl, lTD. Anon. Wyoming B~ Piney. Wyoming Jackson. Wyoming leya Hol Springs, klaho Monlpeller. Idaho DESCRIPTION FOR REEVES FARMS INC STEVEN'S TRACT - REVISED 00û703 To-wit: - - That part of the SEl/4SEl/4 of Section G, T30N Rl1SW, Lincoln County, Wyoming, being pa¡1 of that tract of record in the Office of the Clerk of Lincoln County in Book 60S of Photostatic Records on page SSI, described as follows: BEGINNING at a spike, on the centerline of the Reeves-Schwab County Road No. 12- 149, S73°-1O' -49"W, 705.52 feet, from the northeast comer of said SEI/4SEl/4; thence SOoo-05'-50"W, 195.20 feet, along a line parallel with the east line of said SEl/4SEI/4, to a point; thence NS9°-53'-17"W, 24S.03 feel, along a ]jne parallel with the south line of said SEl/4SEl/4, to a point; thence NOoo-05'-50"E, 125.64 feet, along a line parallel with said east line, to a point on the southerly right-of-way line of said County Road No. 12-149; thence N06°-59'-22"W, 30.02 fect, to a spike on said centerline; thence NS1°-07'-57"E, 254.S4 feet. along said centerline, to the SPIKE OF BEGINNING; ENCOMPASSING an area of 1.00 acres, more or less; the BASE BEARING for this survey is the south line of the SE1/4 of Section 6, T30N RllSW, being SS9°-53'-17"E; each "spike" marked by a 3/S" x 12" sleel spike referenced by a 5/8" x 24" steel reinfordng rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate detaiJs; each "Gomer" found as described in the Corner Record fi1ed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" slee] reinforcing rod with a 2" aluminum cap inscribl~d, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "REEVES FARM JNC PLAT OF BOUNDARY ADmSTMENTS POLLY ERICKSON HOUSE TRACT STEVENS TRACT-REVISED HALLS TRACT-.REVISED JANIS REEVES TRACT-REVISED WlTHIN THE 'SEl/4 SECTION 6 T30N Rl18W LINCOLN COUNTY, WYOMING", d etl20 November 2007, as revised. "Modification in any way of the foregoing description terminates liability of lhe surveyor" Pmlesslooøllsnd SUMlYors Paul N. Scherbel Wyo. Røglllrallon No, 164 Ulah Registration No. 1670 Idaho Reglslrallon No, 3990 Nevada Reglsl,aUon No. 6805 scun A. ScherbÐI Wyo. Røgislmlion No, 3889 Idaho RegisltaUon No. 8026 Utah Reglslrølion No. 312111 MARLOWE A. SCHERBEl Wyo. ReglslraUon No. 5368 5lWieyor 3cherlHlI,lTD, Anon. Wyoming Big Piney, Wyoming Jackson. Wyoming Leva HoI Springs, Idaho Monlpølisr. Idaho DESCRIPTION FOR REEVES FARMS, INC HALLS TRACT - REVISED 000704 To-wit: - - That part of the SEl/4SEl/4 of Section 6, TJON Rl18W, Lincoln County, Wyoming, being part of that tract of record in the Office of tile Clerk of Lincoln County in Book 608 of Pl1Otostatic Records on page 881, described as foHows: BEGINNING at a spike, on the centerline of the Reeves-Schwab COWlty Road No. 12- 149, S69°-51 '-12"W, 500.26 feet from the northeast corner of said SEI/4SE1/4; thence SOoo-05'-50"W, 227.45 feet, along a line parallcl with the east line of said SEI/4SEl/4, to a point; thence N89°-53 '-17"W, 205.63 feet, along a line paraJIel with the south line of said SEI/4SEI/4, to a point; thence NOoo-05' -50"E, 195.20 feet, along a line parallel with said east line, to a spike on said c:enterline; thence NS 1°-0T-57"E, 157.76 feet, along said centerline, 10 a spike: thence N81 0-24' -20"E, 50.38 feet, along said centerline, to the SPIKE OF BEGINNING; ENCOMPASSING an area of 1.00 acres, more or less; the BASE BEARING for this survey is the south line of the SEl/4 of Section 6, TJON Rl18W, being S89°-53'-17"E; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "(:omer" found as descLibed in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" stee] reinforcing rod with a 2" aluminum cap inscribl~d, "SillZVEYOR SCHERBEL L TD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "REEVES FARM INC PLAT OF BOUNDARY ADJUSTMENTS POLLY ERICKSON HOUSE TRACT STEVENS TRACT-REVISED HALLS TRAcT-REVISED JANIS REEVES TRACT-REVISED WITHIN THE SEl/4 SECTION 6 T30N Rl18W LINCOLN COUNTY, WYOMING" ,atecl20 November 2007, as revised. i , " "Modification in any way of the foregoing description terminates liability of the surveyor"