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DECLARATION OF COVENANTS. CONDITIONS AND REST
FOR l�E�1FJ1#E Ci, "YtJt,lf'!G
FOX HOLLOW SUBDIVISION LOCATED IN LINCOLN COUNTY. WYOMING
KNOW ALL MEN BY THESE PRESENTS, that JEAN GOLDEN, hereinafter referred
to as "Declarant" or "Developer being the owner and developer of certain real property located
in the unincorporated are of the County of Lincoln, State of Wyoming, described in Exhibit "A"
attached hereto and made a part hereof (which property is hereinafter described as the "Fox
Hollow Subdivision" or the "Subdivision does hereby declare that all of the property described
above shall be held, sold and conveyed subject to the following easements, restrictions, covenants
Section 1.
described.
MIN LINCOLN COUNTY CLERK
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 property or any part thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
"Property" shall mean and refer to that certain real property hereinbefore
Section 2. "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Property.
Section 3. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot and shall also include contract purchasers and
the Declarant, but shall exclude those having such interest merely as security for the performance
of any obligation.
Section 4. "Declarant" and "Developer" shall both mean and refer to JEAN
GOLDEN, owner of FOX HOLLOW SUBDIVISION.
Section 5. "Homeowners Administration" shall mean and refer to an association or
board which will hereafter be formed to handle the administration and enforcement of these
covenants. "Homeowners Administration" will be organized and the bylaws of such will become
incorporated in this document.
ARTICLE 11
ARCHITECTURAL CONTROL
No building, fence, structural wall, or other structure shall be commenced, erected or
maintained upon the property, nor shall any exterior addition to or change or alteration therein be
made until the plans and specifications showing the nature, kind' shape, heights, materials and
location of the same shall have been submitted to and approved in writing, as to harmony or
external design and location in relation to surrounding structures and topography by the
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"Developer", and said work shall not commence unless the "Developer" shall endorse said plans
as being in compliance with these covenants and are otherwise approved.
ARTICLE III
USE RESTRICTIONS
The lots shall be used solely for private, single family residential purposes and there shall
not be constructed or maintained thereon more than one single- family dwelling and a private
garage for not more than three (3) cars, excepting a barn to house horses or a workshop, may be
constructed. In addition, the lots shall be subject to the following restrictions:
Section 1. All residential structures erected or placed on any lot shall have a minimum
of 1200 square feet of floor area, not including open porches, patios and garages. Unpainted
metal roofs are not allowed. No mobile or modular homes are permitted
Section 2. All buildings on any lot shall be located a minimum of thirty (30) from the
front lot line, measured to the foundation of such building; a minimum of ten (10) feet from the
rear lot line; and a minimum of ten (10) feet from the side lot line. For the purpose of this
covenant, eaves, steps and open porches shall not be considered as part of a building for the
purpose of determining such distances, provided, however, that this shall not be construed to
permit any portion of a building, including such eaves, steps, or open porches, to encroach upon
another lot.
Section 3. No derrick or other structure designed for use in boring, mining, or
quarrying for water, oil or natural gas or precious mineral shall be maintained or permitted on any
lot in said tract. No oil drilling, development operations, refining, quarrying or mining operations
of any kind shall be permitted on any lot.
Section 4. No mercantile, manufacturing, mechanical or trade business, or business
establishment of any nature shall be maintained on said land, with the exception of home office for
professional services. Backhoes, tractors and other equipment used for a trade or business may
be stored on lot.
Section 5. Animals may be kept so long as they are contained by a fence so as not to
be a nuisance to other lot owners. No animals may be kept, bred or maintained for any
commercial purposes.
Section 6. No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon that may be or become an annoyance or nuisance to the neighborhood.
Without limiting the generality of the foregoing, no laundry, clothing, rags or any similar material
shall be hung or displayed upon the eaves, doors, or upon the portion of any building which faces
upon or is visible from the streets in the property.
Section 7. After the commencement of any building, structure, fence or wall permitted
hereby to be constructed, the same shall be prosecuted to completion with reasonable diligence.
Section 8. No structures of a temporary nature, basement house, tent, shack, garage,
barn or other outbuilding shall be used at any time as a residence, either temporarily or
permanently, nor shall said structures be permitted on said property at any time. No old or
second -hand structures shall be moved onto any of said lots, it being the intent hereof that all
dwellings and other buildings to be erected on said lots, or within said subdivision, shall be new
construction of good quality workmanship and materials.
Section 9. All slopes or terraces on any lot shall be maintained so as to prevent any
erosion thereof upon adjacent streets or adjoining lots.
Section 10. There is hereby reserved from each lot and the owner thereof, an easement
for the installation and maintenance of all types of utilities and draining facilities, together with
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4.
reasonable rights of access to said easement. No structures shall be placed or permitted to remain
within the limits of the easement which may endanger or interfere with the installation and
maintenance of utilities. The landscaping of the easement, however, shall be maintained by the
owner of the property.
Section 11. All electric power and telephone service lines and all other utility services
shall be underground or located inside the boundaries of each building. Fuel storage tanks shall
be buried, and butane, propane and other liquefied petroleum Os shall not be used for fuel unless
the storage facilities therefor are adequately screened or otherwise concealed to the satisfaction of
the Homeowners Administration.
Section 12. No lot shall be used or maintained as a dumping ground for rubbish, trash,
garage, or other waste. Such trash, rubbish garbage or other waste shall not be kept, except in
sanitary containers. Burning of trash, rubbish, garbage or other waste shall be prohibited.
Section 13. In the construction of authorized improvements on any property, care shall
be exercised not to unduly disturb the natural landscaping thereof. Within one (1) year after
construction of such improvements, the landscaping on the unimproved part of the property
disturbed or destroyed during construction shall be restored by the planting of grasses, trees or
shrubbery of appropriate character and type. Natural landscaping is encouraged.
Section 14. No structure shall be permitted to fall into disrepair and at all times all
structures and vacant property shall be kept in good condition and in neat appearance. The
construction of any structure must be performed diligently from the time of commencement until
fully completed.
Section 15. Each owner shall provide off -road parking sufficient in amount to
accommodate the parking requirement inherent in the nature of the improvements on his property.
No building permit shall be issued until a provision is made in the plans for such off -road parking.
No vehicle, trailer, mobile home or trailer home or any other means of conveyance, wheeled or
otherwise and of what so ever kind of nature, including but not limited to water craft, whether for
the carriage or transport of persons, animals or materials, and whether motor powered or
otherwise, shall be parked on the roads in the area at any time.
Section 16. The roads shall be private and each lot owner shall be responsible for an
equal portion of the snow removal and maintenance costs of said roads.
Section 18. Once sold by the Developer, no properties shall be further divided,
subdivided or split.
ARTICLE IV
WATER USAGE
Section 1. Culinary Water Usage Metering. Each lot shall be connected to a private
well via a 11/4" service or smaller.
a. Each lot shall have a water meter connected to the service line
corresponding to that lot. Well power and water usage costs shall be based on the amount of use
registered by said water meter. Meter readings shall be taken on a monthly basis. Each lot owner
shall be responsible for their metered share of water and well power. Meter readings will be taken
on or about the first day of each month by Homeowners Administration. The Administration shall
bill lot owners with payment for water and well power usage due on or about the thirtieth of each
month. Costs to monitor meters shall be divided equally among lot owners and added to billing
for water and well power.
b. Well Maintenance and Repair. Each lot owner shall be responsible for one-
forth of the costs of well maintenance and repair.
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Section 2. Irrigation Water Usage. Fox Hollow Subdivision shall have available for
irrigation purposes eleven (11) sprinlder heads. Sprinkler heads shall provide water during times
when the supply well owner has the pump in operation.
a. Lot owners may be allowed access to irrigation water on a 24 -hour basis
every four (4) days during irrigation season.
b. Lot owners shall be responsible for proportional share of power and
maintenance costs of pump. Proportional share shall be based on acreage area watered by lot
owner.
c. Lot owners shall be responsible for providing and maintaining irrigation
service lines to the lot owner's property.
ARTICLE V
SNOW REMOVAL
Section 1. Division of Costs. The costs of snow removal for the common access
areas shall be equally divided among the home owners.
Section 2. Deposit. Homeowners shall deposit $100.00 into the Fox Hollow
Subdivision checking account before September 15 of each year. If the deposited funds fail to
cover the entire winter season's snow removal, then the costs will be divided equally as stated in
Section 1 of this article.
ARTICLE VI
GENERAL PROVISIONS
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Section 1. Enforcement. Each and all of said conditions, covenants and reservations
is and are for the benefit of each owner of land or any interest therein in the said property and
each thereof shall inure to and pass with each and every parcel of said property and shall apply to
and bind the respective successors in interest. Each grantee of any part or portion of said
property, by acceptance of a deed incorporating by reference this Declaration, accepts the same,
subject to all such restrictions, conditions, covenants and reservations. The "Developer" 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 provisions
of this Declaration. Failure by the "Developer" or by any owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
A breach of any restriction, condition or covenant may be enjoined, abated or remedied by
appropriate proceedings. No such breach shall affect nor 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 and
covenants whether obtained by foreclosure or a trustee's sale or otherwise.
Section 2. Violation Constitutes Nuisance. Every act or omission whereby any
restriction, condition or covenant in this Declaration set forth, if violated in whole or in part, is
declared to be an d shall constitute a nuisance, and my be abated by Grantor or its successors in
interest and/or by any lot owner; and such remedy shall be deemed cumulative and not exclusive.
Section 3. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect other provisions which shall remain in full force and
effect.'
Section 4. Duration of Restrictions. All of the conditions, covenants and reservations
set forth herein shall continue and remain in full force and effect at all times against said property
and the owners thereof, subject to the right of change or modification hereinafter provided until
November 15, 2020, and shall be continued in force for a period of twenty years, and thereafter
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for successive periods of twenty (20) years, unless within the six month period prior to November
15, 2020, or within the six month period prior to expiration of any successive twenty -year period
thereafter, a written agreement executed by seventy percent (70 of the record lot owners
covered hereby be placed on record in the Office of the County Clerk of Lincoln County, by the
terms of which agreement any of said conditions or covenants are changed, modified or
extinguished, in whole or in part, as to all or any part of the property subject thereto, in the
manner and to the extent therein provided. In the event that any such written agreement of
change or modification be duly executed and recorded, the original conditions and covenants, as
therein modified, shall continue in force for successive periods of twenty (20) years each, unless
and until further changed, modified or extinguished in the manner herein provided for, by mutual
written agreement of not less than seventy percent (70 of the then owners of record title of said
property.
IN WITNESS WHEREOF, this Declaration of Restrictive Covenants, Conditions and
Restrictions is executed this Oday of November, 2000.
THE STATE OF NEVADA
SS.
COUNTY OF \MA S l-lt
The foregoing instrument was acknowledged before me by JEAN GOLDEN this
z C day of November, 2000.
My Commission Expires:
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Witness my hand and official seal.
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NOTA RY PUBLIC
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