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HomeMy WebLinkAbout971467co ti o OD v- CD a Z N1 w co w o w O O m DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THIS DECLARATION is made as of Sin e. Z0l3. by Gaylon G. Heiner and Kristi G. Heiner, hereinafter referred to as "Declarant the owners of the property in the Bedford area of Lincoln County, Wyoming described as: SEE ATTACHED EXHIBIT A 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. ARTICLE I USE AND RESTRICTIVE COVENANTS Section 1. General Restrictions 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. 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. CC &R's Page 1 of 4 0)6.8 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. i. All buildings on the property shall be of a residential nature. No major commercial activity shall be undertaken upon the property. 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. 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 CC&R 's Page 2 of 4 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. Beginning on the Southeastern corner of the property, and measuring one hundred fifty (150) feet from South to North and one hundred fifty (150) feet from East to West on the property line boundaries, and then a line running from those points across the property, making a triangle on the Southeastern corner of the property shall be a buffer -zone for the purpose of an airstrip approach. 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 CC &R 's Page 3 of 4 0620 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. „0 Gaylon Heiner Kr sti G. Heiner STATE OF WYOMING COUNTY OF LINCOLN The foregoing Declaration of Covenants, Conditions and Restrictions was acknoydedged be re me by Gaylon G. Heiner and Kristi G. Heiner this day of GJtL' 20/ UsaLIrt2y ir acolr Witness my hand and official seal. KU BROWN ---_NOTARY PUBLIC State of Wyoming Jait'Us't5,2013 ss. My commission expires: 5 0i CC &R's Page 4 of 4 OTARY PUBLIC 6 6,I. Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No..164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5366 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Blg Piney, Wyoming Jackson, Wyoming Lava Hat Springs, Idaho Monlpeller, Idaho DESCRIPTION FOR GAYLON HEINER AND KRISTI HEINER TRACT Q To -wit: (IJ €2 That part of the SE'/4NW% 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 785 of Photostatic Records on page 762, described as follows: BEGINNING at a point on the south line of said SE1/4NW /4, S89 29' -40 "W, 361.13 feet, from the southeast corner thereof; thence S89 29' -40 "W, 301.72 feet, along said south line, to the southwest point of said tract in Book 785; thence N00 08' -36 "W, 806.89 feet, along the west line of said tract, to the northwest spike thereof on the centerline of Bedfcrd-Turnerville County Road No. 12 -123; thence along said centerline as follows: S71 02' -11 "E, 158.94 feet, to a spike at the beginning of a circular curve to the left; southeasterly, 125.16 feet, along the arc of said curve, through a central angle of 14 33'-00", with a radius of 492.88 feet, and a chord bearing S78 18' -41 "E, 124.83 feet, to a spike; S85 35'- 11 "E,.29.44 feet, to a spike, and• leave said centerline thence S00 08' -36 "E, 725.02 feet, along a line parallel with the west line of said tract, to the POINT OF BEGINNING; ENCOMPASSING an area of 5.25 acres, more or less; the BASE BEARING for this survey is the east line of Section 10, T33N R118W, being N00 09' -37 "E; SUBJECT to an easement for Bedford- Turnerville County Road No. 12 -123; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810" with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF FAMILY EXEMPT TRACT FOR GAYLON HEINER AND KRISTI HEINER WITHIN THE SW1 /4NE1 /4 SE1 /4NW1 /4 SECTION 10 T33N R118W LINCOLN COUNTY QMING dates 2 May 2013, as revised. `QtN Land SCE -!r i f 7 May 2013 °Modificatio regoing description terminates liability of the surveyor"