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HomeMy WebLinkAbout944138 MOOSE HOLLOW SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS COû060 This declaration is made by the MOOSE HOLLOW SUBDIVISION HOME OWNERS, this11th day of December, 2008. WITNESSETH: THAT, whereas, the above home owners association desired to restrict all that certain subdivision or parcel of land known as MOOSE HOLLOW SUBDIVISION, Lincoln County, WY, shown upon the official map of "MOOSE HOLLOW SUBDIVISION" recorded in the office of the Lincoln County on November 20, 2006. NOW, THEREFORE, MOOSE HOLLOW SUBDIVISION HOME OWNERS ASSOCIATION, as the association of owners of all lots of land in said subdivision, hereby declares that said land is held and shall be held, conveyed, hypothecated, used, improved and occupied subject to the following covenants, restrictions, and agreements which shall create mutual equitable servitudes on each of the lots in said subdivision, a privities of co subdivision with reference thereto between the various owners thereof, their heirs, personal representatives, successors and assigns, to-wit: RESTRICTIVE PROVISIONS Clause I - Use and Improvements There shall be no buildings other than one single family private dwelling and two (2) private outbuildings. Clause II - Temporary Dwellings No trailers, garage or other outbuildings shall be used as a temporary or permanent residence without the written consent of the other homeowners in Moose Hollow Subdivision homeowners. Clause III - Minimum Building Requirements The construction of all dwellings on all lots, regardless of size of dwelling, must conform to F,H.A. or better specifications. Clause IV - Subdivision of Lots Any re-subdivision of lots must conform with all county and state regulations applying thereto. Furthermore, no re-subdivision shall be allowed until the approval of the MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION is given for size and location as shown on a map to be supplied to the MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION. Clause VI - Easements Easements and rights of way, as indicated upon the recorded map of said subdivision, are reserved for the installation and maintenance of pole line, utilities, and other public and quasi-public uses. No buildings, structures, signage, benches or any other permanent or semi-permanent object shall be placed upon such easements without expressed written consent from the MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION. RECEIVED 12/12/2008 at 2:57 PM RECEIVING # 944138 BOOK: 711 PAGE: 60 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1 éOû061 Clause VII - Signs No billboards or other advertising device shall be erected or placed upon any lot or plot in said subdivision, without the written permission of the MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION. Clause VIII - Completion of Construction Any residence or other building in said subdivision, the construction of which has been started, shall be completed without delay, except when such delay is caused by acts of God, strikes, actual inability of the owner to procure delivery of necessary materials, or by interference by other persons or forces beyond the control of the owner to prevent. Financial inability of the owner to secure labor or materials or discharge liens or attachments shall not be deemed a cause beyond his control. In the event of cessation of construction of any building for a period of 365 days, where such interruption is not excused by the provision hereof, the Declarant hereof or any other owner of property subject to this Declaration shall have the right to enter upon said uncompleted property and remove the same or carry such construction work to completion, and the expense incurred in connection with the removal or completion of such building shall become a lien upon the land and improvements thereon upon which such a building is located which may be foreclosed either as a mechanics lien and/or as a mortgage made on real property. Clause IX - Appearance of yards Lots must be kept free of debris, junk cars, objectionable or unsightly materials, etc. Clause X - Mail Boxes Mail boxes are to be of that design and color set forth by the MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION. Clause XI - Fences Construction of fences must be approved by the MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION. Clause X 1- Animals No domestic animals, and/or pets of any kind (with exceptions stated below) are allowed in said subdivision, on a temporary or permanent basis, without prior written permission of the MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION. The keeping of horses by a MOOSE HOLLOW SU.BDIVISION HOMEOWNER is permissible on lots of ten (10) acres or more in size, provided they are not kept in numbers or under conditions objectionable to other residents in said subdivision. Also, animals that are kept in the home of a MOOSE HOLLOW SUBDIVISION homeowner are allowed. Clause X 111 - Approval of plans No building or other permanent structure shall be erected, altered or placed on any lot in said subdivision until building plans, specifications and plot plan showing the location of structures on the lot have been submitted to and approved in writing as to conformity and harmony of external design and as not interfering with the reasonable enjoyment of any other lot, by the MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION composed of at least one owner of each lot in the subdivision, Upon failure by the committee or its designated representatives to approve or disapprove such plans and specifications within fifteen days after the same have been properly presented, approval thereof will be 2 00&062 deemed to have been made, provided the proposed construction complies with all the provisions otherwise of this declaration. Clause XIV - Failure to enforce The various restrictive measures and provisions of this Declaration are declared to constitute mutual equitable covenants and servitudes for the protection and benefit of each lot in said subdivision and failure by members in said subdivision, or any other person or persons to enforce any measure or provision upon violation thereof shall not stop or prevent enforcement thereafter or be deemed a waiver of the right so to do. Clause XV - Severability The various measures and provisions of this Declaration are declared to be severable, and the invalidity of anyone measure or provision shall not affect any other measure or provision. Clause XVI - Subordination to Mortgages and Deeds of Trust Nothing contained in this Declaration shall impair or defeat the lien of any mortgage or deed of trust made in good faith and for value, but title to any property subject to this Declaration obtained through the sale in satisfaction of any such mortgage or deed of trust shall thereafter be held subject to all of the restrictions and provisions hereof. Clause XVII - Terms of Restrictions These Covenants, Restrictions and Agreements shall run with the land and shall continue in full force and effect until December 9,2018, at which time the same shall be automatically extended for successive periods of ten years unless by a duly executed and recorded statement of the owners of fifty per cent or more of the lots in said subdivision, elect to terminate or amend these restrictions in whole or in part. Said Declaration of Restrictions can be amended or modified at any time when fifty per cent of the owners elect to do so. Clause XVIII - Wind and solar power Wind generators and solar panels are expressly allowed in said subdivision with prior approval of placement by the association. Clause XIX - Annexation Annexation by the town of said subdivision is expressly disapproved without prior written approval of said association. This MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION CC&R Declaration will be registered with the Lincoln County Recorders office in which the property resides, and are the original CC&Rs which all MOOSE HOLLOW SUBDIVISION HOMEOWNERS ASSOCIATION adopted unanimously. 3 ûOû063 Signed on the 11th day of December, 2008 1~.Jl t.1J1~ /- Official Seal ~ ~' .lAN£ THORNOCK CCXMY Of LKOLN p....,('"~~r:-......, - NOTARY PUBLIC· State of Wyoming County of Lincoln The foregoing instrument was Acknoledged before me by Bradford G Martin Kimberly A Lane Martin, Kevin Simpson, and Jamie Simpson 4