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HomeMy WebLinkAbout873542M 0101447 5 RECEIVED LINCOLN COUNTY CLERK 1 8 7 3 5 4 0 I MIRY 2 9 P1112: 13 Declaration of Covenants, Cond i". C." IyWYC(1ING and Restrictions THIS DECLARATION is made as of May 7, 2001, by Gaylon G. Heiner aka Gaylon Heiner and Kristi G. Heiner aka Kristi Heiner, husband and wife, hereinafter referred to as "declarant", the owners of the property located within the NW1/4NW1/4 Section 11, T33N, RI 18W, in the Bedford area of Lincoln County, Wyoming, and which is hereinafter referred to as "the properties" or the "parcels". A parcel division plat has been prepared by Surveyor Scherbel, LTD, and approved by the Lincoln County Board of County Commissioners as of April 4,1-001. NOW, THEREFORE, declarant hereby declares that both parcels 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 parcels have been classified as single family residential property. Section 2: General Restrictions. The following general restrictions shall apply to all of the properties. 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. 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 a manner as to prevent a fire hazard, all at such owner's sole cost and expense. C - No noxious or offensive activity shall be carried on upon,any parcel, nor shall anything be done or placed thereon which will be or became BOOKPR PAG ~ r a nuisance or cause unreasonable embarrassment, disturbance to other owners in the enjoyment of their property. D - Domestic livestock, animals and fowl can be maintained on property as long as such animals are contained in an area that comply with fencing regulations. Chasing of livestock or wildlife will not be tolerated. E - No commercial signs visible from neighboring properties shall be erected or maintained upon any property. 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 homes, house trailer, mobile home, shack, cabins that are brought in via truck or similar facility or structure shall be kept, placed on or maintained upon any property at any time. 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 3 months 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 property. No inoperative motor vehicle shall be kept on the premises unless it is kept in an enclosed garage. Motorbikes, motorized trail bikes and four wheelers (or similar mechanical devices) can be used on the property in a responsible manner and not in a manner that will interfere with neighborhood property tranquility. 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. Each property owner shall pay for the cost for collection. 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 stores or allowed to accumulate on the property except within an enclosed structure. ARTICLE II STANDARDS AND RESTRICTIONS APPLICABLE TO CONSTRUCTION Section 1. General Application. The following standards and restrictions are applicable to the construction, reconstruction, and alteration and refinishing of any and all improvements from time to time existing upon the properties. Section'.). Improvements allowed. No improvements shall be constructed on the properties other than one (1) single family dwelling to be occupies by the owner, his lessee, guests and servants, garage(s), a guest house for the use of guests and not for L C -I C rent, storage building (s) to be used to house vehicles, equipment or supplies, and barn (s) to be used to house horses and domestic animals. All improvements shall be of new, permanent construction using natural materials (stone, logs, planed natural wood, stucco or a combination of) Section 3. Design character. All buildings shall be constructed in character with each other specifically by using complementary exterior roofing, building material and non- glossy coloring on each building on the property. Any metals exposed will be of dull finish. Roofing material will be cedar shakes, ceramic tile or cement tile or a metal of non-glaring finish. (a) Exterior materials will be of rough sa%m- natural wood, peeled log, stone, exposed aggregate concrete or similar rough textured natural material or metal with dull finish. No cinderblock shall be used as exterior material. (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. Building Design and Setbacks. (a) The minimum floor area of any single-family residence shall be not less than fifteen hundred square feet (1,500) 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 feel 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 spaced 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 I 08713'r- " '-A 1) ci 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) feed 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 there from, 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. (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 doing 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. A Travel Trailer will be permissible for living purposes during this twelve (12) month construction period. ARTICLE III MISCELLANEOUS PROVISIONS Section 1. Water and Sewer Systems. Each property owner is responsible to provide a private water system using a well and related structures. Each residential building shall provide for their own private sewage disposal system. No out of door toilets shall be permitted. All water and sewer systems shall be maintained so as to not constitute a nuisance to the adjoining property. Section 2. 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 F __1 o~ q landscaping, including but not limited to excavation for ponds and berming for privacy. Section 3. Fences. Fences shall be of wood or vinyl construction with the understanding that sheep wire, not barbed wire, shall be used. Metal fencing however, will be permitted for dog runs. All fences shall be painted or faced in colors that blend into the natural environment and landscaping of the area. Section r. Subdividing. No property shall be divided or subdivided in anyway. ARTILE IV GENERAL PROVISIONS Section 1. Enforcement. Each grantee of a property 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 provision 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. 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 lot owner and such remedy shall be deemed cumulative and not exclusive. Section 3. Severability. Invalidation of any one 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. I Section 4. Duration. These covenants, conditions and restrictions are to run with the land and shall be binding on all owners of property until June 1, 2006, at which time said covenants shall be automatically extended indefinitely, unless it is agreed otherwise by all owners of a majority. Any change or modification in the provision of this declaration shall be valid if signed by the property owners in a majority and recorded in the Office of the County Recorder of Lincoln County, Wyoming. Any modification or change to this declaration shall then be binding unless modified again according to the terms of this paragraph. Section 5. Governing Laze. This declaration shall be governed by the laws of the State of Wyoming and shall be binding upon the heirs, executors, and administrators, successors and assigns of the declarant and the owners. Section 6. Adjacent airstrip. An existing, operating airstrip is located adjacent to property. Aircraft land and take off from this airstrip on a regular basis. Declarants expect that this airstrip will continue to be used in the future. Property owners acquire their property subject to the continued operation of this airstrip. This provision cannot be amended without the consent of declarant or declarant's successors and assignees. IN WITNESS WHEREOF, declarants have executed this Declaration as of the day and year first above written. -'ta C4 w_ ylon G. Heiner ^ Kristi G. Heiner M M M 'JJ Gaylon G. Heiner Kristi G. Heiner STATE OF WYOMING ) SS. COUNTY OF ) Ci " re'4' Y This forgoing Declaration of Covenants, Conditions and Restriction was acknowledged before me by Gaylon G. Heiner aka Gaylon Heiner and Kristi G. Heiner aka Kristi Heiner, husband and wife, this,)4 day of 2001. Witness my hand and official seal, ` NOTARY PUBLIC My commission expires: q I) vq~