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REVISED
OOGO!.7
DECLARA nON OF
PROTECTIVE COVENANTS AND SERVITUDES
FOR STAR WEST SUBDIVISION
WHEREAS, location of certain lands located in Lincoln County,
Wyoming, more particularly described
as follows, to-wit:
That part of the NW1/4 of Section 28,
Township 32 North, Range 119 West, Lincoln
County, Wyoming, described as follows:
BEGINNING at an intersection of the north
Line of the said NW1/4NE1/4 with the west
Right-of-way line of State Highway 238,
West, 70.40 feet from the northeast corner
of said NW1/4NE1/4; thence SOl°-34'W, 779.75
feet along said west right-of-way line to
a point; thence N89°-36'W, 1239.48 feet to
an intersection with the west line of the
said NW1/4NE1/4; thence N01°-03'E, 770.94 feet
along said west line to the northwest corner
of the said NW1/4NE1/4; thence East, 1246.62 feet
along the north line of the said NW1/4NE1/4 to
the INTERSECTION OF BEGINNING;
EMCOMPASSING an area of 22.121 acres, more or
less.
NOW THEREFORE, the current owners or eighty (SO) percent thereof do hereby
impose the following Protective Covenants and Servitudes encumbering the above
described property and hereby declares that said lands shall be held, sold,
and conveyed subject to the following Protective Covenants and
Servitudes:
RECEIVED 2/9/2009 at 11 :28 AM
RECEIVING # 945139
BOOK: 715 PAGE: 17
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
PROTECTIVE COVENANTS
OOûOj.8
1. All lots in the STAR WEST SUBDIVISION as described
above shall be used for single residential purposes only, and no com-
mercial activity shall be permitted thereon. All lots must conform to
the zoning laws and ordinances of Lincoln County,
2. No lot in STAR WEST SUBDIVISION as shown on the plat
thereof as described above shall be further subdivided into any smaller
lot or tract. Boundary adjustments may be made between consenting,
adjacent property owners.
3. No structure shall be erected, placed or
permitted to remain on any lot of STAR WEST SUBDIVISION other
than single family dwellings, garage buildings, and other
structures incidental to single family residential use of each lot.
4. There shall not exist on any lot at any time more than
one single family dwelling and permitted incidental out-
buildings.
5. Neither dwellings nor permitted outbuildings placed
or constructed on any lot of STAR WEST SUBDIVISION may be built with
visible exteriors of tar paper, or with unpainted metal roofs or have an unfinished
exterior. The exterior finish on new buildings must be completed in one year.
6. Residential dwellings constructed or placed on any lot in STAR
WEST SUBDIVISION shall have a minimum living floor size of 1400 square feet
on the main floor. All new building plans must be approved by 50% of the homeowners in
the STAR WEST SUBDIVISION.
7. No mobile homes or trailer homes or houses constructed with or by using hay
bales shall be permitted on any lot for residential purposes. No temporary structures of
any kind will be allowed. Modular homes must be built to the most current IBC
(International Building code) must have a minimum of a 4: 12 roof pitch with 12" eves on
all sides-,-
8. At such time as a dwelling is constructed or placed on any lot of 00001.9
STAR WEST SUBDIVISION, the owner thereof shall be required to construct
underground sanitation facilities in conformity with laws of the State of Wyoming and
County of Lincoln, in such a manner as to avoid creating any unsafe condition or nuisance
to owners of adjoining lots.
9. No owner shall allow debris, trash, garbage, rubbish or any material unsightly
appearance to remain on his lot.
10. No building or any part thereof, including garages and porches, shall be
erected or placed on any lot nearer than fifty (50) feet from the street
right-of-way or nearer than ten (10) feet from the property boundary-,-
11. No farm animals will be allowed. Two horses per lot are allowed. Poultry
and small animals may be allowed providing that they are penned and treated
humanely. Commercial raising of any livestock shall not be permitted except
4-H animals being raised June through August. Dogs must be kept on the
owners property. No animal will be permitted that creates a nuisance to any
of the other residence of the subdivision.
12. All electrical and telephone lines installed within the above-describe
property shall be installed underground. No overhead lines will be permitted.
13, Real Estate 4-Sale signs must be no larger than 18" x 24" including the frame
and posts that they are attached to. The sign must be located on the property
being sold and will be located 20' or more from the pavement on Star West
Drive. Any signs not in compliance will be discarded, Only two real estate
for sale signs may be placed on any lot. All signs must be removed at closing.
SERVITUDES
OOöOZO
1. (a) GRANTORS, for each lot in the above described subdivision, hereby
agree and covenant for themselves and their heirs, successors or assigns, and each
owner of said lots by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay annually, or more often,
its pro-rate share of the costs to maintain, repair, replace, improve and remove snow
from Star West Drive of said subdivision. All the cost of road repairs and improvements
voted and agreed upon by the 80% of the property owners, will be shared equally by
each of the 11 pr')perty owners, Said assessment shall be paid promptly when due,
and in the event of failure to pay the same promptly when due, said assessment shall
constitute a lien upon the lot of the above described premises so assessed, and shall also
be the personal obligation of the owner of such lot, enforceable either at law or in equity.
All costs of collection in any su'ch delinquent assessment, including reasonable attorney's
fees, shall be paid by the delinquent owner and collected as part of the delinquent
assessment.
(b) Such annual assessment shall be paid to, accrue to the benefit of, and be
enforced as described above by a STAR WEST ASSOCIATION, to be organized and
existing under the laws of the State of Wyoming, to carry out the purposes for which the
above described assessments are levied. Said association shall be dissolved at such time
that said road shall become a public county road.
(c) Said annual assessments shall be in such amounts as determined by the
association. All assessments shall be at a uniform rate as to all lots of said subdivision.
(d) The sale or transfer of any lot shall not affect the assessment lien. No
sale or transfer whether or not pursuant to mortgage foreclosure proceedings, shall
affect the liability of such lot for any assessments thereafter becoming due or from the
lien thereof, or the personal liability of the owner or owners of such lot at the time such
assessments accrued or become due, and their assigns, for the payment of said
assessments together with 18% per year interest, and all costs of collecting the same
including reasonable attorney's fees.
000021.
2. Each person or entity upon becoming the owner, either legally or
beneficially, of any lot of the above described subdivision, shall also automatically
become a member of, with all privileges and obligations of membership in and to that
certain STAR WEST ASSOCIATION, as described above, which shall be an association
exclusively of all property owners of the above described subdivision.
Said Protective Covenants and Servitudes shall apply to and be binding upon the
GRANTEES or GRANTORS herein, their heirs, executors, and administrators, and
assigns, for the period of time described herein above, and are imposed upon the real
estate described herein as an obligation and a charge against the property for the benefit
or GRANTORS, their heirs, successors and assigns, and for the benefit of the property
described herein. The above described Covenants and Servitudes shall run with the land
as burdens and obligations and benefits of each of the lots of STAR WEST SUBDIVISION
as described above, and each GRANTEE or GRANTORS herein by accepting a deed to
any lot or tract of said subdivision accepts the same subject to such Covenants and
Servitudes and agrees and covenants for himself, his heirs, administrators, and assigns to
be bound by and to comply with each such covenant and servitude.
If the owner of any lands described herein conveyed by GRANTORS, or their
heirs, successors or assigns, shall violate any of the covenants or conditions herein
above set forth, it shall be lawful for GRANTORS herein or any other person owning a lot
within STAR WEST SUBDIVISION as described herein, or the owners association known
as STAR WEST ASSOCIATION, as described herein above, to prosecute any proceedings
at law or in equity against the person or persons violating any of the said covenants or
servitudes, to either enjoin such violator from doing so, or to recover damages including
costs and reasonable attorney's fees, for such violation, or both.
INVALIDATION of any of these Covenants or Servitudes by Judgment or Court
Order shall in no wise affect any of the other provisions hereof, which shall remain in full
force and effect.
000022
The Protective Covenants and Servitudes provided for herein shall be binding,
valid, and effective from the date of this instrument until January 1, 2040 A.D..
Any or all of these Covenants and Servitudes set forth herein may be amended,
suspended, added to, or revoked and invalidated by the affirmative vote of the owners of
Eight (SO) percent of the 11 lots of STAR WEST SUBDIVISION. Each lot shall have two
(2) voting rights.
This instrument shall apply to and be binding, upon the GRANTEES of
GRANTORS herein, their heirs, executors, administrators, and assign, for the period of
time established herein.
DATED the ;) -1 of J} c.u
,200S
Lot 1 ~ WI..~J
Tom M. Witman
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Date
Lot 2
Randall C. & Melissa W. Raymond
~tL VvlMÁ)JJ
M ael & T'lina Vinson
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Date
Lot 3
¿¿-I-óf
Date
~1
,Datel
tfr1d
ate
Lot 6
James G. & Jeanelle Livingston
Date
OOû023
This instrument shall apply to and be binding, upon the GRANTEES of GRANTORS
herein, their heirs, executors, administrators, and assign, for the period of time established
herein.
DATED the
of
,2008
Lot 1
Tom M. Witman Date
,JWmi W ~ /Jlo~/Ò8
Date
Lot 3
Michael & Tina Vinson Date
Lot 4
Jamie H. & Angela M. Burton Date
Lot 5
P.M. & J.M. Riede, Trustee Date
Lot 6
James G. & Jeanelle Livingston Date
Lot 7
Clair M. Car1son Date
Lot 8
Janice K. Earhart, Trustee Date
Lot 9
Ross M. & Bever1y C. Turner Date
Lot? ~~~~
air M.' a lson V
L t;/t.z.n.. V ~Cid- C7-fhJ~ U~o ¿.j
ot o~ .~. ~ 1 (~1' ;f(;A -L..r: rl~.-"'(tC--¿"I'-<-¡;.¿r-
fI. amce K. Earhart, Trustee tI
Lot 9 4-L 1fI:-~~,._..
Ross M. & Beverly C. Turner
000024
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Date
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ate
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. ,
Date
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é/J;tltcet, 42/(tl/Cv J&iy/o(
Date
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
QOô025
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The foregoing instrument was subscribed and sworn to before me this
,/ .
Day of L.>'jit·//.,?_??_,,¿;f.I>1
. ,
. 200S, by
Tom M. Witman
owner of the listed lot of the STAR WEST SUBDIVISION.
Witness my hand and officÌfjll seal.
! /
......._....-~7 ...,».--:. ) /
<... ·C"··.;Ä1,;J,({l!.A:./ /·/f.C;~·2';:/L/j.·:¿/¿7
·.,..NOTARY PUBLIC (~
16"
My commission expires the /3 day ofl~{f¡{:J/1.4 ¡. ,20/0
~f·~ð'\!'~"¥'~tl'!"! 't._"'1tt~~
JANICE K. EARHART _
C NOTARY PUBLIC ¡
ounty of
Lincoln State of
Wyoming
~y Commission Expires August 13, 2010
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STATE OF WYOMING
) ss
COUNTY OF LINCOLN
The foregoing instrument was subscribed and sworn to before me this
5+
I
Day of {Je[{Jh1bW2008, by
Randall C. & Melissa W. Raymond
owners of the listed lot of the STAR WEST SUBDIVISION.
I S day of c¿µ rL{ , 20 1.$
000027
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was subscribed and sworn to before me this
/ .$:t..
'\
Day of U.R...-{I¡;)/?-rv!;.Þr
. 200S, by
Michael & Tina Vinson
owners of the listed lot of the STAR WEST SUBDIVISION.
Witness my hand and official seal.
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~1QT ARY PUBLIC
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My commission expires the / 3
i:{ c:.;"~? ,4
,,/ ¿~/-.-ØJu¿..J?¿,¿., /-
day of (?¿UIJÝ-' 20 / Ù
~,!(".1\ ,.,,~,'
..."..,.,...,....,...,,-~
JANICE { .
COLJnt~' :.'.'.
Lineo!'l
NOTARY PUBLIC
State of
Wyoming
,My Cor¡¡mission Expires August 13, 2010
.. . 'wfol,/¡]f~'W~~}o.~
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
COû028
The foregoing instrument was subscribed and sworn to before me this
,~) J-./
Day of '-il ¿µ.) e.,--rY~ . 200S, by
Jamie H, & Angela M. Burton
owners of the listed lot of the STAR WEST SUBDIVISION.
Witness my hand and official seal.
'2?:--7¿'; ë.-0 /~(~·?-!3t;2/)/¡~1~~
l·_-þfðTARY PUBLIC
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'/'
/
My commission expires the / ~ day ol:l'f}£i.4/ , 20 c/O/ ()
.1iJ;,,~·r¿:'·~(fJ't.I'PIt
JANICE I<. EARHART
County of
Lincoln
NOTARY PUBLIC
State of
Wyoming
i My Commission Expires August 13, 2010
·~Ii.1\"-~~~~'A
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
000029
The foregoing instrument was subscribed and sworn to before me this
cr:Ji
Day of 71 cJ:-()
. 2008, by
P.M. & J.M. Riede. Trustee
owners of the listed lot of the STAR WEST SUBDIVISION.
Witness my hand and öffíêiJl seal.
\ ~. ,-
...... .: . .. r:----7Z-¿/ÞQ_
/rxJÒT ARY PUBLIC
7/~~C4{/-
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My commission expires the ¡ c!1 day of Ú7t¿~L~ , 20 '-4!!::i
'1#'<t.~¡I''II.I!.J\''' tH~''tœ''~''''''~<!f,I~~\:ß~~..;,
JANICE K, EARH.l\r-lT
County of
Lincoln
NOTN-lY PUBLIC
State of
Wyoming
My Commission Expires August 13, 2010
~liPZ;;¿:R~I.1~~""~~II·l!tt
-~""""'--~___v·
JANICE K. EARHARi
County of ~{.
Lincoln ~(~
~.,
..,.(..-:.
My Commission E;"
>. ""'...","1"
,
1.'1
"::.t~:·
:nARY PUBLIC
State of
Wyoming
, t~~~~~:. 23~O_ J
---
ûOv030
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was subscribed and sworn to before me this
~¡;
Day of 1) tHJ ~ . 200S, by
Clair M. Carlson
owner of the listed lot of the STAR WEST SUBDIVISION.
Witness my hand and.<?J~al seal. _
(N~;f~f' X gOJvt¡azL
My commission expires the I 3. day of ~I'ii , 20 / 0
:#~;J"'_~
JANICE K. EARHART NOTARY PUBLIC
C~unty of State of
Lincoln Wyo '
mlng
My Commission Expires August 13, 2010
...""
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
OOü031
The foregoing instrument was subscribed and sworn to before me this
19th
Day of IVov.fVrY1!o.v-J. 200S, by
Janice K. Earhart.Trustee
owner of the listed lot of the STAR WEST SUBDIVISION.
Witness my hand and official seal.
~"""''''''''''---1
' GLORIA K. BYERS .'.""". NOTARY PUBLIC
County of (¡f.:¿,,:(':::~'~;};:.:~ State of
., ,\.. . ",. '¡~'I'!o
Lincoln ~!/!,~;,~tY:~ Wyoming ~
"-."..:';;~ ~
My Commission E)ij):!é'~; September ., 5, 2011 ~
~~.IþtII~~~~.w--~~-~~ 'J
My commission expires the
~/y!,~
NOTARY PUBLIC
/6f/; day of X/Pf1i(~./), 201 þ
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
(10.0032
Js..¡-
The foregoing instrument was subscribed and sworn to before me this
DaYOf~~~1
. 200S, by
Ross M. & Beverly C. Turner
owners of the listed lot of the STAR WEST SUBDIVISION.
Witness my hand an~,O-ffi)al seal. _
~--~~1'1~2 ~?7~~j;c~
YVT ARY PUBLIC
/ 3. day of Ûtrpc.b:L/-- , 20 I cJ
/
My commission expires the
JANICE K. EARHART
County of
Lincoln
NOTARY PUBLIC
State of
Wyoming
~_C_o~~~~on Expires August 13, 2010
- - ~~ ~"ti:'!)ln~..,;.t1't,::~,,,,;,,,'fq.!,.,;, ""~~ ·
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
00û033
The foregoing instrument was subscribed and sworn to before me this
,;JLJt
/
Day of /} #C) c:ÞY;r¡l-t( . 200S, by
Kellen K. & Connie C. Lancaster
owners of the listed lots of the STAR WEST SUBDIVISION.
Witness my hand and official seal.
/'"l· ç? rJ
~~~Z2~~
My commission expires the
/3
'-),
day OfÚ'/&/~
, 20/ ()
~..-'(¡.
JANICE K. EARHART NOTARY PUBLIC '~
County of State .of
Lincoln Wyoming
My Commission Expires August 13, 2010