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HomeMy WebLinkAbout9709042 Q o O N olw� Q a� N Z CO Z ►n Z Q W U 0 m DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THIS DECLARATION is made as of May 6, 2013, by Kristi G. Heiner, hereinafter referred to as "declarant the owners of the property in the Bedford area of Lincoln County, Wyoming described as: That part of Section 10, T33N Rii8W, Lincoln County, Wyoming described on the attached Exhibit A prepared by Surveyor Scherbel, Ltd., titled, "Description for Gaylon Heiner and Kristi Heiner Tract C dated 3 January 2011. NOW, THEREFORE, declarant hereby declares that the property described shall be held, sold and conveyed subject 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. Section 1. General Restrictions ARTICLE I USE AND RESTRICTIVE COVENANTS a. Each lot and any and all improvements from time to time located thereon, shall be maintained by the owner thereof in reasonable condition and repair, and in such a manner as not to create an unreasonable fire hazard, all at such current owner's sole cost and expense. b. No noxious or offensive activities as determined by local code that cause a nuisance, disturbance, or annoyance to surrounding properties. c. Barking dogs constituting a nuisance shall be confined in a sound resistant enclosure during normal sleeping hours. All dogs weighing over fifteen pounds shall be kept and maintained in a fenced enclosure. d. All pets will be controlled at all times and will be fenced when not under the owner's immediate verbal command. i e. No signs including but without limitation to, commercial, political, and similar signs, visible from neighboring property, shall be erected or maintained upon the property that exceed 3X3 feet. f. No house trailers, mobile homes, tents, teepees, shacks, or similar structures shall be kept, placed, or maintained upon the property. Green houses and farm buildings are allowed. g. All vehicles, including without limitation, motor vehicles, over the snow vehicles, trailers, truck campers, motor homes, or boats shall be kept in a fenced, enclosed, or covered area on the property. No inoperative vehicles shall be kept outside for more than 30 days. Over the -snow vehicles shall not be used on the property on a regular basis. h. All garbage and trash shall be kept in covered containers maintained so as not to be visible from neighboring property. Garbage and trash shall not be allowed to accumulate so as to create a hazard or visual nuisance to other properties. ARTICLE II STANDARDS AND RESTRICTIONS APPLICABLE TO CONSTRUCTION Section 1. Design Character a. House, barns, hangars, and sheds shall be constructed in character and colors consistent with the surroundings. Earth tones steel roofs and siding are acceptable for hangars, farm and out buildings. b. Exterior materials of construction grade such as rough sawn natural wood, peeled log, stone, real or man -made, exposed aggregate concrete, or similar rough textured material. Roof material shall be cedar shake, asphalt shingle, or non reflective flat colored metal. c. All buildings shall comply with applicable State of Wyoming and Lincoln County building codes at the time of installation. d. No building shall be located nearer than 10 feet from any exterior property line. 0241- 024 e. Fuel, water, or similar storage tanks or facilities are allowed provided that they are not visible from the main road. Section 2. Airstrip Setback a. An existing, operating airstrip is located adjacent to the property which is owned and operated by the seller. Lot owner will have access to said airstrip upon the condition set forth by the seller that the property owner(s) shall indemnify and hold harmless the seller for any property owners use of the airstrip. Aircraft land and take off from this airstrip on a regular basis. Seller expects that this airstrip will be used in the future and the property owner acknowledges the future airstrip use. b. There shall be a thirty five (35) foot buffer zone on the entire Southeastern side of the property which runs the length of the airstrip. Within this buffer zone nothing taller than four (4) feet in height may be placed or maintained. ARTICLE III MISCELLANEOUS PROVISIONS Section 1. Water and Sewer Systems a. The property owner is responsible to provide a private water system using a well or hooking up to the city water supply as applicable by local code. The property shall be connected to a private sewage disposal system at the owner's sole expense and this sewage system shall meet all applicable standards of the State of Wyoming, Lincoln County, or other regulatory agency, at the time of installation. Section 2. Governing Law a. This declaration shall be governed by the laws of the State of Wyoming and shall be binding upon the heirs, executors, administrators, successors, and assigns of the sellers and the owners. b. Any and all dispute(s) shall be settled by arbitration. The arbitrator shall be determined and agreed to by both parties. Any decision of the arbitrator shall be final and binding on both parties. Section 3. Duration These covenants, conditions and restrictions are to run with the land and shall be binding on the owner(s) of the property until May 1, 2018, at which time said covenants shall be automatically extended for successive periods of twenty (20) years. IN WITNESS WHEREOF, declarant has executed this Declaration as of the day and year first above written. Kristi G. Heiner STATE OF WYOMING COUNTY OF LINCOLN Witness my hand and official seal. My commission expires: ss. The foregoing Declaration of Covenants, Conditions and Restrictions was acknowledged before me Kristi G. Heiner this 6th day of May 2013. ,^C `T* SIR /1V�1'lMR'14�.'i� ;:Y'o�•�� q iRViY i HEIDI BROWN NOTARY PUBLIC County Lincoln My Co FS'!i'srrit;o NOTARY PUBLIC State of Wyoming s August 5,2013 UO241 Professional Lard Surveyors Paul N. Scherbe Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No, 3990 Nevada Registration No. 6805 Scott A. Scherbei 'Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah RegIstratico No. 372111 MARLOWE A. SCHERBEL Wyo. Registaticn No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR GAYLON HEINER AND KRISTI HEINER TRACT C To -wit: EXHIBIT A 0 2 4/1. 00748 That part of the SWV4NE3/4 of Section 10, T33N R118W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 183 of Photostatic Records on page 529, described as follows: BEGINNING at the northwest comer of said SW' /4NE' /4; thence N89 34' -46"E, 1264.00 feet, along the north line of said SW3/4NE3/4, to a point; thence S00 18' -12 "E, 88.80 feet, to a point; thence S54 05' -48 "W, 813.60 feet, to a point; thence N87 49' -22 "W, 544.77 feet, to a point; thence S00 06' -39"E, 127.08 feet, to a spike on the centerline of Bedford- Turnerville County Road No. 12 -123, at the beginning of a non tangent circular curve to the left, whose radius bears S18 09' -51 "W; thence northwesterly, 62.55 feet, along said centerline and along the arc of said curve, through a central angle of 03 46' -21", having a radius of 950.00 and a chord bearing N73 43' -20 "W, 62.54 feet, to a spike on the west line of said SW3/4NE3/4; thence N00 06' -39 "W, 645.49 feet, along said west line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 12.68 acres, more or less; the BASE BEARING for this survey is the east line of Section 10, T33N R118W, being N00 09' -37 "E; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across that part of the above described Tract C, being a strip of land sixty (60) feet in width, with the westerly and northerly lines described as follows: BEGINNING at the southwest spike of said Tract C; thence N00 06' -39 "W, 171.88 feet, along said west line, to a point; thence S87 49' -22 "E, 683.79 feet, to a point on the southeasterly line of said Tract C; the southerly and easterly lines of said easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet to meet the easterly line of the above described Tract C and the centerline of said Bedford- Turnerville County Road No. 12 -123; SUBJECT to an easement for the Bedford- Turnerville County Road No. 12 -123; each "comer" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; \TR\33- 118 -10 \Gaylon Heiner FE\East Trac! FE "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors Paul N. Scherbe Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel 'Wyo. Registratlm No. 3889 Idaho Registration No. 8026 L1ah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbet, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR GAYLON HEINER AND KRISTI HEINER TRACT C To -wit: EXHIBIT A 00748 BEGINNING at the northwest comer of said SW'/4NE' /4; thence N89 34' -46"E, 1264.00 feet, along the north line of said SW %NE1/4, to a point; thence S00 18' -12 "E, 88.80 feet, to a point; That part of the SWV.4NE' /4 of Section 10, T33N R118W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 183 of Photostatic Records on page 529, described as follows: thence S54 05' -48 "W, 813.60 feet, to apoint; thence N87 49' -22 "W, 544.77 feet, to a point; thence S00 06' -39"E, 127.08 feet, to a spike on the centerline of Bedford- Turnerville County Road No.. 12 -123, at the beginning of a non tangent circular curve to the left, whose radius bears S18 09' -51 "W; thence northwesterly, 62.55 feet, along said centerline and along the arc of said curve, through a central angle of 03 46' -21 having a radius of 950.00 and a chord bearing N73 43' -20 "W, 62.54 feet, to a spike on the west line of said SW1/4NE1/4; thence N00 06' -39 "W, 645.49 feet, along said west line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 12.68 acres, more or less; the BASE BEARING for this survey is the east line of Section 10, T33N R118W, being N00 09' -37 "E; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across that part of the above described Tract C, being a strip of land sixty (60) feet in width, with the westerly and northerly lines described as follows: BEGINNING at the southwest spike of said Tract C; thence N00 06' -39 "W, 171.88 feet, along said west line, to a point; thence S87 49' -22 "E, 683.79 feet, to a point on the southeasterly line of said Tract C; the southerly and easterly lines of said easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet to meet the easterly line of the above described Tract C and the centerline of said Bedford- Turnerville County Road No. 12 -123; SUBJECT to an easement for the Bedford- Turnerville County Road. No. 12 -123; each "comer" found as described in the Coiner Record filed or to be filed in the Office of the Clerk of Lincoln County; \TR\33- 118- 10 \Gaylon Heiner FE\East Tract FE "Modification in any way of the foregoing description terminates liability of the surveyor"