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HomeMy WebLinkAbout949293RECEIVED 9/4/2009 at 2:,'' RECEIVING # 94929-S------- BOOK: 731 PAGE: 266 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DECLATION OF COVENANTS, CONDITION AND RESTRICTIONS BROOKSIDE ESTATES SUBDIVISION 00266 THIS DECLARATION is made as of August 24, 2009 by Daniel A. Schwab, a General Manager of Turnerville Twin Peaks LLC, hereinafter referred to as "Declarant", the owner of the property described as the Brookside Estates Subdivision located within the NW1/4SEl/4 and the SWl/4NE1/4 of Section 15, T33N, R1I8W, in the Turnerville area of Lincoln County, Wyoming, and which is hereinafter referred to as "the properties" or "the lots" or the Subdivision". A subdivision plat for the Subdivision has been prepared by Lloyd B. Baker and Associates and approved by the Lincoln County Board of County Commissioners as of July 1, 2009, instrument #948080. The provisions contained on that plat including without limitation the "Plat Warnings" are incorporated herein by this reference. NOW, THEREFORE declarant hereby declares that all of the properties described shall be held, sold and conveyed 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 real property and be binding on all parties having any right, title or interest in the described properties 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 land within the Brookside Estates Subdivision has been classified as single family residential property. Section 2. GENERAL RESTRICTIONS. The following general restrictions shall apply to all of the lots. (a) Each lot or 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 (1) the leasing of any lot from time to time by the owner thereof, or (2) the use of the property to conduct a computer-based or similar type of home business that does not generate significant vehicular traffic to and from the lot so as to create a nuisance or interfere with the rights of other owners. (b) Each residential lot 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. 000-267 (c) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which be or become a nuisance, or cause unreasonable embarrassment, disturbance to other owners in the enjoyment of their lots. In determining whether there has been a violation of this subparagraph recognition must be given to the promise that owners, by virtue of their interest and ownership in the Brookside Estates Subdivision, are entitled to the reasonable enjoyment of the natural surroundings of the Subdivision. (d) No domestic livestock animals or fowl of any kind shall be allowed on any lot except not more than one (1) horse or temporary 4-11 project per grazable acre rounded to the nearest acre. Grazeable acres shall be defined to mean that area not covered by access roads, structures, gardens or any other area that cannot readily be used for grazing. Dogs and cats shall also be allowed. Lot owners will be responsible for any damage or nuisance caused by their animals. (e) No commercial signs, visible from neighboring properties, shall be erected or maintained upon any lot. A wooden residential identification sign of a combined total face area of three (3) square feet or less may be erected. A sign adventising the premises for sale or rent may be erected as needed for such purposes, provided such sign does not exceed a combined total face area of six (6) square feet. Any lighting must be accomplished so that the source of illumination is not visible from neighboring properties, and so that the light is reflected away from neighboring properties and from the vision of passing motorists. (f) No manufactured house, house trailer, mobile home, shack or similar facility or structure shall be kept, placed or maintained upon any lot at any time. 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. Children's playhouses, and seasonal use of tents or tepees shall be allowed. Travel trailers used by vacationing guests for periods of time not to exceed two (2) weeks shall also be allowed. (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 the lot or shielded by vegetation from neighboring properties with the exception of one vehicle and one trailer with a valid license and "road worthy" may be kept outside in view. No inoperative motor vehicle shall be kept on the premises for more than thirty(30) days. Motor bikes, motorized trail bikes, and four wheelers (or similar mechanical devices) shall not be used on the property except for purpose of property maintenance and ingress and egress. z ,0`268 (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 properties. Each owner shall provide for the collection and disposal of garbage and trash not less than once each week. The cost of garbage and trash collection, if any, shall be paid by each owner, in accordance with the billing of the collector. (i) No rubbish or debris of any kind shall be placed or permitted to accumulate on the properties. No metal, such as scrap metal, shall be stored, or allowed to accumulate on the property except within an enclosed structure or when screened by vegetation from neighboring properties. ARTICLE H 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 the properties. Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the properties other than one (1) single family dwelling to be occupied by the owner, his lessee, guests and servants, garage(s), a guest house for the use of guests and not for rent, storage building(s) to be used to house vehicles, equipment or supplies, and barn(s) to be used to house horses. All improvements shall be of new, permanent construction using good quality workmanship and materials. Section 3. DESIGN CHARACTER. All buildings shall be constructed in character with each other specifically by using complementary exterior roofing, building material and coloring on each building on the property. All buildings will be painted or faced in colors that blend into the natural environment and landscape of the area. (a) Exterior materials will be of rough sawn natural wood, peeled log, stone, exposed aggregate concrete, or similar rough textured natural material. Metal or vinyl siding will be allowed only with permission of declarant, No cinderblock shall be used as exterior material. Roof materials shall be cedar shake or shingle, slate, or ribbed metal roofing with a non-reflective finish. (b) All buildings must comply with either the current editions of the Uniform Building Code, the Wyoming Plumbing Code, and the National Electrical Code, or, if applicable, State of Wyoming, and/or Lincoln County Building and Safety Codes. Section 4. BULDING DESIGN AND SETBACKS (a) The minimum floor area of any single family residence shall be not less than twelve hundred (1,200) square feet at ground level, exclusive of a garage, carport, or porches or decks and other outbuildings. All outbuildings constructed on the property 3 tII OC269 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 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 fifty (50) feet from any exterior property line. Provided, however, that if Lincoln County requires a building setback greater than fifty (50) feet, then such building setback requirement shall apply to the property. (e) No structure shall be erected, altered, placed or permitted to remain on the property which shall exceed either two (2) stories in height or thirty (30) 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 excluding chimneys. (f) All electric, telephone, sewer, and water installations and connections located on the property after the date of recordation of these covenants shall be placed under ground. Any antenna higher than 10 feet above roof level has to have prior permission from declarant (g) All fuel tanks, water tanks, or similar storage facilities shall either be constructed as an integral part of a living unit, or shall be installed or constructed underground. (h) All exterior lighting shall be incandescent lighting. Section 5. CONSTRUCTION. The exterior of any building must be completed within twelve (12) months after the commencement of construction except where such completion would be impossible, due to the size of the project, or dong so would result in undue hardship to the owner because of strikes, emergencies, or natural calamities, provided, however that the owner is nonetheless obligated to either diligently pursuing completion or removal of the building. 4 ARTICLE III 0 01) 2 7 0 MISCELLANEOUS PROVISIONS Section 1. WATER AND SEWER SYSTEMS. Each lot owner will be part of a common water system as required by Lincoln County. Maintenance of the well and common distribution system shall be equally shared by the lot owners. The water system shall become the responsibility of the individual lot owner once it is taken from the common system. Each residential building shall be connected to a private sewage disposal system at the owner's expense, and such sewage disposal system shall conform to all applicable standards of the State of Wyoming, Lincoln County or any other regulatory agency. 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 lots. Section 2. SUBDIVISION ROAD. A PRIVATE ROAD NAMED Brookside Lane provides access for ingress and egress and all utilities from the Bedford- Turnerville Road No. 12-123 to the lots in the Subdivision. Each lot in the subdivision has an easement for such use of that road. The same private road also provides such access to other surrounding lands. Each lot owner shall be responsible for a reasonable and fair proportionate share of the maintenance expenses of that road based upon the use made of the road for access to each respective lot in the subdivision and to the number of owners of other lands for which the road is used for access. These costs will not take effect until such time as property owners commence building. Snow removal maintenance will be shared equally among property owners using access road(s) during winter months. Section 3. EXCAVATION 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 improvements thereon. No oil drilling, oil development operation, or mining operations of any kind shall be permitted upon the property. Provided, that this shall not prohibit excavation and/or grading for landscaping purposes completed in the course of implementation of landscaping, including but not limited to excavation for ponds and berming for privacy. Section 4. FENCES. Fences shall be of wood construction using a cross buck or post and pole design to provide a consistent look in the subdivision. Metal fencing, however, will be permitted for dog runs, provided the dog runs are not visible from neighboring properties. All fences shall be painted or faced in colors that blend into the natural environment and landscaping of the area. Section 5. EXTERIOR FIRES. There shall be no exterior fires whatsoever except barbecue fires within receptacles, properly constructed permanent outdoor fireplaces or fire pits, and such fires for vegetation and/or rubbish control as may from time to time be permitted by the Lincoln County Fire regulations. 5 0002'1. Section 6. CLOTHES LINES. Outside clothes lines or other outside clothes drying or airing facilities shall not be visible from neighboring properties. Section 7. HUNTING. No hunting of wildlife of any sort will be allowed within the confines of the Subdivision. Section 8. LOT DIVISION No lot within the Subdivision shall be divided or subdivided in any way. ARTICLE IV GENERAL PROVISIONS Section 1. ENFORCEMENT. Each grantee of a lot of the Subdivision 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, heirs 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 Subdivision, the declarant or owner or other party shalt 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 declaration to be and shall constitute a nuisance and may be abated by the declarant or his successors in interest or by any affected lot owner and such remedy shalt be deemed cumulative and not exclusive. Section 3. SEVERABILTY. Invalidation of any one of these covenants, conditions and restrictions, by judgement 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. These covenants, conditions and restrictions are to run with the land and shall be binding on all Owners of lots in the Subdivision until September 1, 2020, at which time said covenants shall be automatically extended indefinitely, unless it is agreed otherwise by the owners of a majority of all lots in the Subdivision. Any change or modification in the provisions of this declaration shall be valid if signed by the owners of a majority of the Subdivision lots and recorded in the 6 w ^00272 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 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 their heirs, executors, administrators, successors and assigns of the declarant and the owners. Section 6. HOMEOWNERS ASSOCIATION. At a future point in time property owners may form a non-profit organization to facilitate maintenance cost and other related concerns. Individual lot assessments cannot exceed $650 per year without the approval of all lot owners. IN WITNESS WHEREOF, declarant has executed this Declaration as of the day and year first above written. Daniel A. Schw anager Date Turnerville TwiniWks LLC STATE OF WYOMING COUNTY OF LINCOLN On this day of~"i , 2009, Daniel A. Schwab, acting as Manager for Turnerville Twin Peaks, personally appeared before me and willing signed on behalf of the above n~ioned.entity. Notary NANALE EKO PAUL - NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires My Commission Expires May 10, 2011 7