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HomeMy WebLinkAbout964802134720 When Recorded Mail To: Kirton McConkie Attn: Robert D. Walker, Esq. Kirton McConkie Building 50 East South Temple Salt Lake City, Utah 84111 This document is being recorded by Alliance Title and Escrow o€ Wyoming, LIZ Ai a coutteSY oaiy RESTRICTIVE COVENANT AGREEMENT RECITALS: AGREEMENT: 1 RECEIV9/2 PM RECEI VING 5/2 964802 012 at 3:02 BOOK: 786 PAGE: 846 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (Space Above for Recorder's Use) THIS REST ICTIVE COVENANT AGREEMENT (this "Agreement is executed as of the g// day of 2012, by ALAN R. HADERLIE, an individual, and VALERIE J. HADERLIE, an indi ual, husband and wife and tenants by the entirety "Haderlie in favor of CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER -DAY SAINTS, a Utah corporation sole "CPB (CPB and Haderlie are referred to in this Agreement collectively as the "Parties" and individually as a "Party. A. Concurrent with the execution and delivery of this Agreement, Haderlie has sold and conveyed to CPB certain real property (the "CPB Property located in Lincoln County, State of Wyoming, which property is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. Haderlie will retain ownership of certain real property immediately adjacent to the CPB Property (the "Haderlie Property which is more particularly described on Exhibit B attached hereto and incorporated herein by this reference. B. As a condition to, and as an integral part of, the sale and conveyance of the CPB Property, Haderlie has agreed to execute and deliver this Agreement. C. Haderlie has agreed to place restrictive covenants on the Haderlie Property for the benefit of CPB and the CPB Property, in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Haderlie covenants and agrees with CPB for itself and its successors and assigns as follows: 1. Design and Use Restrictions. The CPB Property shall be benefitted by the following restrictions and conditions placed on the Haderlie Property: 00846 1.1 Land Use and Building Type. No lot within the Haderlie Property (each lot in the Haderlie Property is individually, a "Lot," and collectively, the "Lots shall be used for any purpose except for single family residential purposes. Due to the unique nature and quality of the facilities to be constructed on the CPB Property, no prefabricated, modular, manufactured or existing homes may be constructed or moved upon any Lot. Furthermore, no duplexes or attached multi family structures are allowed. 1.2 Lot Size. The Property shall not be divided into fewer than five (5) Lots. Each Lot shall not be larger than one (1) acre. 1.3 Size of Residential Structure. The footprint of any one -story residential structure shall not be less than 1,800 square feet and the footprint of any two -story residence shall not be less than 2,200 square feet, with a main level of not less than 1,500 square feet, exclusive of garages and porches. Basement area will be added to minimum footprint areas. 1.4 Minimum Exterior Requirements. CPB shall have sole, but reasonable, discretion in the determination of minimum exterior requirements and standards for the residential structures. CPB will provide basic design guidelines, including design style and materials approved. Each Lot owner shall submit construction plans to CPB for its review /approval (not to be unreasonably withheld or delayed) prior to obtaining a construction permit and /or commencing construction. Exterior finishes must be long lived and maintenance free. The materials used for exterior finishes must be consistent with the architectural style of the residence. The materials must be of a consistent architecture and quality on all sides of the residence. CPB may, in its reasonable discretion, require additional brick, stone, or other masonry products to achieve an appearance that is acceptable to CPB. Metal and other prefabricated siding is not permitted, unless approved by CPB in its sole discretion. Bright, bold or very dark hued colors are not allowed for exterior application (including roof surfaces). Roof planes shall be broken with hips, dormers or other similar features that enhance the architectural and aesthetic appeal of the exterior elevations. All residential structures shall have front door entrances that are west facing. Each residence shall have no more than one (1) west facing one -car attached garage. Any other garage entrances shall be oriented away from the proposed Madison Street. Air conditioning units shall not be located on roofs, but may be located at ground level so long as they are screened from adjoining property. 1.5 Outbuildings. Non occupied outbuildings are limited to vehicle garages and gazebos. The exterior finish of any outbuildings must be consistent and compatible with that of the main residential structure. Outbuildings must be set back at least half of the east /west width of the residential structure. Outbuilding and garage doors shall remain closed at all times reasonably possible. 1.6 Signage. No signs shall be permitted which advertise any home occupation or other business activity; provided, however, that the provisions of this section shall not prevent the installation and maintenance of a sign advertising the premises for sale, provided it is of a type and size customarily used by professional realtors in the local vicinity. 2 00847 3 00848 1.7 Garbage. All garbage containers must be located in screened, walled, or enclosed areas shielded from public view, except on days of trash pickup. On the days of scheduled trash pickup, such refuse shall be placed adjacent to the roadway in containers provided by the waste disposal service company or in sturdy plastic bags, if allowed by the waste disposal service company. 1.8 Driveways. Each Lot, when improved with a residential structure, shall have a finished, hard surface driveway (paved or poured) from the residential structure to the boundary of the public right -of -way, with sufficient space thereon to park at least three automobiles without encroaching into the adjoining street right -of -way. 1.9 Antennae. No radio or television antenna or satellite dish visible from the western boundary of a particular Lot shall be permitted on any such Lot or dwelling thereon without the prior approval of CPB. 1.10 Prohibited Activities. Haderlie, and their successors and /or assigns, shall not allow any of the following to be done or conditions to exist on the Haderlie Property: (a) any public or private nuisance; (b) any business, trade or activity (business or private) which, in CPB's sole opinion, is noxious, unreasonably noisy, or offensive; (c) any place of public entertainment or amusement, bar, night club, tavern, or bawdy- house; (d) the making, storing, reading, showing, viewing, playing, listening, renting, selling, transmitting, receiving or distributing of any material, regardless of form or medium, having, in CPB's sole opinion, morally offensive content appealing to prurient interest in sex; (e) the manufacture, storage, sale or consumption of drugs, alcoholic beverages, or tobacco products, except the legal personal use or storage for legal personal use of drugs for medicinal purposes; (f) any gambling; (g) outside animals other than domestic dogs and /or cats; (h) any public demonstrations expressing opinions contrary to the beliefs and /or standards of The Church of Jesus Christ of Latter -day Saints; or (i) any other conduct or condition which, in CPB's sole opinion, is an annoyance, nuisance, or illegal or morally offensive but not otherwise expressly mentioned above. 1.11. Unlicensed /Inoperative Vehicles. Unlicensed or inoperative motor vehicles shall only be permitted on any Lot provided they are parked and /or stored in an enclosed garage or outbuilding. The screening shall be a minimum of six (6) feet in height. Screening location and material shall be approved by CPB in its reasonable discretion. 1.12 Recreational Vehicles. Recreational vehicles, including, but not limited to, boats, mobile homes, trailers, campers, ATVs, motorcycles and snowmobiles shall only be permitted on any Lot provided, they are parked and/or stored in an enclosed garage or outbuilding. 1.13 Overnight Parking. No vehicle, commercial truck or van, bus, boat, trailer, camper, mobile home, or similar apparatus shall be left or stored overnight on any Lot, except in an enclosed garage or outbuilding. qu849 1.14 Landscaping. Landscaping shall be in conformance with a landscaping plan presented by the Lot owner to CPB and reasonably acceptable to CPB. Yard landscaping shall be completed on all Lots within 150 calendar days of occupancy. The months of December, January and February shall not be counted in the calculation of the 150 days. CPB shall have authority as necessary to ensure consistency and aesthetics as necessary for maintenance of said landscaping. CPB will provide basic design guidelines including design style and materials approved. 1.15 Construction Activities. Construction materials and debris shall be confined to the applicable owner's Lot (including concrete truck cleanup and excess soil from excavation). Each Lot owner is responsible for all construction personnel and must control their equipment, vehicles and demeanor to minimize inconvenience to CPB and /or other Lot owners. Dust and noise control is the responsibility of each Lot owner. At all times during construction, the Lot owners shall be responsible for keeping a clean and orderly construction site on their respective Lot. Construction debris must be removed and/or deposited in an on -site dumpster on a daily basis 2. Improvement of Madison Street. The master road plan for the Town of Afton shows the future extension of a portion of Madison Street on the CPB Property and bordering the western boundary of the Haderlie Property. Haderlie acknowledges and agrees that CPB may or may not need to improve Madison Street in conjunction with CPB's future development of the CPB Property. However, in the event that CPB decides in its sole discretion to improve Madison Street in conjunction with its development, CPB and Haderlie agree to enter into a development agreement wherein, among other provisions, the costs for developing such road shall be divided in a manner proportionate to each Party's respective benefit of the future extension of Madison Street. The Parties recognize that there is potential benefit to both Parties as a result of the proposed extension of Madison Street. 3. Real Property Covenants. The provisions of this Agreement are perpetual covenants running with the land in favor of CPB and its successors and assigns, binding on and enforceable against the Haderlie Property and Haderlie and their successors and assigns, and every person having any fee, leasehold, mortgage lien or other interest in any portion of the Haderlie Property or using or occupying the Haderlie Property, and shall be enforceable by CPB and its successors and assigns by an action for damages, an action to compel specific enforcement of such covenants, including, without limiting the generality of the foregoing, the removal (at the sole cost and expense of Haderlie) of any building or other non permitted improvements constructed, installed or located on the surface of the Haderlie Property, or an action to obtain an injunction to prevent the violation of such covenants. No remedy provided in this Agreement shall be exclusive of any other remedy at law or in equity (whether existing on or created after the date of this Agreement), and all remedies under this Agreement may be exercised concurrently, independently or successively from time to time. The failure on the part of CPB or its successors or assigns to enforce promptly any such provisions shall not operate as a waiver of such right, and the waiver of any default of such provisions shall not constitute a waiver of any subsequent or other default. All interests in and rights concerning any portion of the Haderlie Property shall be subject and subordinate to the provisions of this Agreement, and the provisions of this Agreement shall be 4 prior and superior to such interests and rights, as may be necessary to effectuate all of the provisions of this Agreement. 4. Attorneys' Fees. If either Party brings suit to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover from the other Party the prevailing Party's reasonable attorneys' fees and costs incurred in any such action or in any appeal from such action, in addition to the other relief to which the prevailing Party is entitled. As used in the preceding sentence, "prevailing Party" shall include, without limitation, a Party who retains legal counsel or brings an action against the other Party and subsequently obtains all or part of the relief sought, whether by compromise, settlement or judgment. 5. Notices. Any notice or demand to be given by either Party to the other shall be given in writing by personal service, fax (provided that a hard copy of any such notice has been dispatched by one of the other means for giving notice within twenty -four (24) hours after faxing), express mail, Federal Express, DHL or any other similar form of courier or delivery service, or mailing in the United States mail, postage prepaid, certified and return receipt requested, and addressed to such party as follows: If to CPB: If to Haderlie: Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter -day Saints Attn: Director, Special Purpose Real Estate 50 East North Temple, 10th Floor Salt Lake City, Utah 84150 Alan R. Haderlie and Valerie J. Haderlie P.O. Box 373 865 S. Washington St. Afton, WY 83110 Either Party may change the address at which such party desires to receive notice on written notice of such change to the other party. Any such notice shall be deemed to have been given, and shall be effective, on delivery to the notice address then applicable for the party to which the notice is directed; provided, however, that refusal to accept delivery of a notice or the inability to deliver a notice because of an address change that was not properly communicated shall not defeat or delay the giving of a notice. 6. General Provisions. A modification of, or amendment to, any provision contained in this Agreement shall be effective only if the modification or amendment is in writing and signed by both Parties. Any oral representation or modification concerning this Agreement shall be of no force or effect. This Agreement shall inure to the benefit of, and shall be binding on, the Parties and their respective successors and assigns. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws (excluding the choice of laws rules) of the state of Wyoming. This Agreement may be executed in any number of duplicate originals or counterparts, each of which when so executed shall constitute in the aggregate but one and the same document. Each individual executing this Agreement represents and warrants that such individual has 5 00850 consulted legal counsel as desired, is of sound mind and judgment and desires Agreement. Haderlie has executed and delivered this Agreement in favor of CPB on below, to be effective as of the date first set forth above. HADERLIE: 1 �X��.. Alan R. Haderlie, an individual Valerie J.Cierli, an individual STATE OF UTAH ss COUNTY OF SALT LAKE This instrument was acknowledged before me on 1't t Th Haderlie and Valerie J. Haderlie this tIt' day of c,,, 2012. r Notary Public JAY D THOMPSON U Commission #600931 My Commission Expires September 17, 2014 State of Utah 6 0085 to enter into this the date set forth by Alan R. CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER -DAY SAINTS, a Utah corporation sole. By: Name: ,9,t6q cr R. Title: Authorized Agent STATE OF UTAH :ss COUNTY OF SALT LAKE On this 2 day of tA)1 2012 personally appeared before me YI Yr' n personally known to me to be an Authorized Agent of CORPORATIO OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER -DAY SAINTS, a Utah corporation sole, who acknowledged before me that he signed the foregoing instrument as Authorized Agent for the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER -DAY SAINTS, a Utah corporation sole, and that the seal impressed on the within instrument is the seal of said corporation; and that said instrument is the free and voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said corporation and that said corporation executed the same. WITNESS my hand and official seal. My Commission Expires: g& 7 dial? kV(' Notary Public for Utah Notary Public SUSAN FORD Commission 8601753 B a My Commission Expires October 08, 2014 State of Utah r: T, va':M O+IDO MOO OBI 1lld MEM MeO @ffi1 00852 EXHIBIT A Legal Description of the CPB Property 00853 Lot 9 of Haderlie Fourth Addition to the Town of Afton, Lincoln County Wyoming, according to that certain plat filed May 18, 2012, as Instrument No. 964632 of the records of the Lincoln County Clerk. 8 EXHIBIT B Legal Description of the Haderlie Property 00854 Lot 8 of Haderlie Fourth Addition to the Town of Afton, Lincoln County Wyoming, according to that certain plat filed May 18, 2012, as Instrument No. 964632 of the records of the Lincoln County Clerk. 9