HomeMy WebLinkAbout972691Westview Village Subdivision Protective Covenants
W ITN ESSETH
DECLARATION OF PROTECTIVE COVENANTS
SERVITUDES FOR WESTVIEW VILLAGE SUBDIVISION
2013
0115
THIS Declaration of Protective Covenants and Servitudes made and executed on the VA day of
/ulc.1:5k' 2013 by Westview Village Homeowners Association, Inc., a Wyoming non profit orginization of Afton,
Wyoming 83110, hereinafter referred to as "GRANTOR
WHEREAS, GRANTOR is the owner of certain lands located in Lincoln County, Wyoming, more particularly
described as to wit:
All Tots located in WESTVIEW VILLAGE SUBDIVISION, according to the plat thereof recorded in the Office
of the County Clerk and Ex- Officio Register of Deeds of Lincoln County, Wyoming.
NOW THEREFORE, GRANTOR does hereby impose the following Protective Covenants and Servitudes
encumbering the above described real property and hereby declares that said lands shall be held, sold, and conveyed
subject to the following Protective Covenants Servitudes.
PROTECTIVE COVENANTS
1. All lots within WESTVIEW VILLAGE SUBDIVISION shall be used for residential purposes only, and no commercial
activity shall be permitted thereon. Lots one through thirteen (1 -13) and lots sixteen through thirty -two (16 -32)
shall be used for single family dwellings only. Lots fourteen and fifteen (14 15) may be used either for single
family dwellings or multiple housing, or apartments. Owner of any lot being used as a rental property are
responsible for the rents being aware of and upholding the covenants of the WESTVIEW VILLAGE SUBDIVISION.
Owners will be subject to any fines accrued by the renters on their lot.
2. No lot in WESTVIEW VILLAGE SUBDIVISION shall be further subdivided into any smaller lot or tract.
3. There shall not exist on any one of Tots one through thirteen (1 -13) and lots sixteen through thirty -two (16 -32) at
any time more than one (1) single family dwelling and outbuildings incidental to single family residential use.
4. Neither dwellings nor permitted outbuildings placed or constructed on any lot of the WESTVIEW VILLAGE
SUBDIVISION may be built with visible exteriors of tar paper or reflective metal roofs.
5. Travel trailer houses shall be permitted on Tots of WESTVIEW VILLAGE SUBDIVISION as long as they are not being
used for residential multiple housing. Travel trailer houses must be maintained, kept tidy, and stored in a
reasonable area within the owners' lot.
6. The owner of any lot in WESTVIEW VILLAGE SUBDIVISION is responsible for maintaining their personal
underground sanitation facilities in conformity with the laws of the State of Wyoming and county of Lincoln, in
such a manner as to avoid creating any unsafe condition or nuisance to owners of adjoining Tots.
7. No water well may be drilled for culinary use on any lot of land for so long as the existing common water system
of WESTVIEW VILLAGE SUBDIVISION is operable or can reasonably be made operable. It is the intent of this
Covenant that a common water system is to be used to distribute culinary water to the Tots of WESTVIEW
VILLAGE SUBDIVISION.
8. All fences within WESTVIEW VILLAGE SUBDIVISION shall be of pole, wood, chain link, or vinyl material and
maintained to avoid creating unsafe conditions or nuisance to owners of adjoining lots.
9. No owner of any lot within WESTVIEW VILLAGE SUBDIVISION shall allow debris, trash, garbage, or rubbish or any
material of unsightly appearance to remain on his lot. No outside burning of household waste shall be permitted
on any lot of WESTVIEW VILLAGE SUBDIVISION. Burning for any purpose other than the disposal of household
waste shall be restricted to controlled fire pits only.
10. No building or any part thereof, including garages and porches, except for those presently existing, shall be
erected or placed on any lot of WESTVIEW VILLAGE SUBDIVISION nearer than thirty (30) feet from the street
right -of -way, or nearer than ten feet from the property boundary of such lot unless approved by neighboring lot
owner and Lincoln County.
11. No trees, rock, gravel, clay or other earth material may be removed from any lot within WESTVIEW VILLAGE
SUBDIVISION, except that which may be necessary for building excavation.
12. No cattle, horses, goats, swine, roosters or other non domestic animals shall be kept or maintained on any lot in
the WESTVIEW VILLAGE SUBDIVISION, except for household pets which are kept and maintained indoors or in an
RECEIVED 8/16/2013 at 10:47 AM
RECEIVING 972691 1
BOOK: 818 PAGE: 115
JEANNE WAGNER
outdoor enclosure or restraint system which prevents them being a nuisance to owners of neighboring Tots.
Hens will be permitted to a total capacity no more than single family needs. Hens will be kept and maintained in
an enclosure which prevents sound, offensive odor, or draw of predators and kept clean and tidy at all times.
Hens must be held within a solid framed enclosure at all times. Commercial breeding and commercial use of
dogs or hens shall not be permitted on any lot within WESTVIEW VILLAGE SUBDIVISION. No dogs shall be
permitted to run at large on any lot within WESTVIEW VILLAGE SUBDIVISION.
13. Any lot owner owning two (2) or more contiginous lots within the WESTVIEW VILLAGE SUBDIVISION may keep
horses on his property, with the stipulation that the property must be fenced in accordance with the existing
covenants.
14. A noise ordinance will be observed for the mutual respect of neighboring lot owners. The noise ordinance will
require that any disturbances or intentional excessive noise cease at 10:00 pm within WESTVIEW VILLAGE
SUBDIVISION. These disturbances include, but are not limited to fireworks, 2- stroke motors, and stereo systems.
15. There will be no discharge of any type of firearm permitted for recreation or hunting purposes within the
boundaries and lots of WESTVIEW VILLAGE SUBDIVISION.
16. All electrical and telephone lines, and other utilities, installed within WESTVIEW VILLAGE SUBDIVISION shall be
installed underground, no overhead utility lines being permitted.
17. The owner of each lot in WESTVIEW VILLAGE SUBDIVISION shall have one share of ownership to the culinary and
irrigation water supply systems installed by GRANTOR in WESTVIEW VILLAGE SUBDIVISION, and shall be
permitted a hook -up of 3/ inches in diameter onto the main line of the culinary water supply system, and a hook-
up of three fourths (3/4) inches in diameter onto the main line of the irrigation water supply system, except that
lots fourteen and fifteen (14 15) shall be allowed a hook -up of one (1) inch diameter from the said culinary
water supply system. The owner of each lot of WESTVIEW VILLAGE SUBDIVISION shall assume his pro -rata share
of the maintenance and operation expenses of said water systems, as hereinafter specified. GRANTOR assumes
no responsibility for the replacement or maintenance of said water system, other than that which it might have
as owner of a lot or lots within WESTVIEW VILLAGE SUBDIVISION.
1.
0116
Westview Village Subdivision Protective Covenants 1 2013
SERVITUDES
a. GRANTOR, for each lot or tract in WESTVIEW VILLAGE SUBDIVISION, hereby agrees and covenants for
itself, its successors and assigns, and each purchaser of said Tots by acceptance of a deed to any such
lots, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay
annually, or more often, its pro -rata share of the costs to maintain, repair, replace, and improve the
roads and streets, and culinary and irrigation water supply system of said subdivision. Said assessment
shall be paid promptly when due, and in the event of failure to pay the same promptly when due, said
assessment shall constitute a lien upon the lot of the above described premises so assessed, and shall
also be the personal obligation of the owner of such lot, enforceable either at law or in equity. All the
costs of collecting any such delinquent assessments, including reasonable attorney's fees, shall be paid
by the delinquent owner and collected as part of the delinquent assessment.
b. Such annual assessments shall be paid to, accrue to the benefit of, and be enforced as described above
by the WESTVIEW VILLAGE PROPERTY OWNER'S ASSOCIATION, INC., a non profit corporation to be
organized and existing under the laws of the State of Wyoming, to carry out the purposes for which the
above described assessments are levied.
c. Said annual assessments shall be in such amounts as determined by the governing board of said
corporation, but shall not exceed the sum of thirty (30) mills on the dollar of the assessed valuation of
the premises and any improvements constructed thereon (exclusive of personal property) as fixed each
year by the tax assessor of Lincoln County, Wyoming, for County Ad Valorem taxation purposes. All
assessments shall be at a uniform rate as to all lots of said subdivision.
d The lien of the assessments provided for herein shall be subordinate to, but only to, the lien of any valid
first mortgage lien. The sale or transfer of any lot shall not affect the assessment lien, except that in the
event of the sale or transfer of any lot pursuant to proceedings to foreclose a valid first mortgage lien, or
any proceedings, provided for by law in lieu thereof, the lien of the assessments as provided for herein
shall be satisfied in the same manner, and only to the extent of a valid second mortgage lien, junior only
to the first mortgage lien being foreclosed. However, no sale or transfer whether or not pursuant to
mortgage foreclosure proceedings, shall affect the liability of such lot for any assessments thereafter
becoming due or from the lien thereof, or the personal liability of the owner or owners of such lot at the
2
0117
Westview Village Subdivision Protective Covenants 1 2013
3
time such assessments accrued or became due, and their assigns, for the payment of said assessments
together with interest and penalties thereon, and all costs of collecting the same, including reasonable
attorney's fees.
2. Each person or entity upon becoming the owner, either legally or beneficially, of any lot of the above described
subdivision, shall also automatically become a member or stockholder of, with all privileges and obligations of
membership in and to that certain non profit corporation named WESTVIEW VILLAGE PROPERTY OWNER'S
ASSOCIATION, INC., as described above, which shall be an association exclusively of all property owners of the
above described subdivision, organized for the purposes of, and hereby given the power to levy and collect the
assessments described above, and to utilize the same in maintaining, repairing, replacing, and improving the
roads and streets and culinary and irrigation water supply systems of WESTVIEW VILLAGE SUBDIVISION in such a
manner as determined by the governing body of said corporation, and to otherwise enforce by any lawful means
these Servitudes together with the Protective Covenants set forth above, as the same now exists or may be
hereafter changed as provided for herein.
3. Any or all of these Covenants or the Servitudes set forth herein may be amended, suspended, added to, or
revoked and invalidated by the affirmative vote of the owners of 75% of the lots of WESTVIEW VILLAGE
SUBDIVISION and such changes shall become effective when a writing reflecting such change or changes in these
Covenants or Servitudes as voted on, signed by the land owners voting, has been duly and properly recorded in
the Public Records of Lincoln County, Wyoming.
The Protective Covenants as set forth above, or herein -after amended or changed, shall be binding, valid, and
effective from the date of this instrument until August 1, 2023 A.D. The above Servitudes as the same now exists or
as they may be changed or amended as provided for herein, shall be binding, valid, and effective from the date of
this instrument until August 1, 2023 A.D. or until such time as the maintenance, repair, replacement, and
improvement of the roads and streets and the culinary and irrigation water supply systems of WESTVIEW VILLAGE
SUBDIVISION, as described above, shall be expressly assumed by local government authorities. The effective period
of these Protective Covenants and /or Servitudes may be extended beyond the effective dates provided for herein by
the affirmative vote of the owners of 75% of the Tots of WESTVIEW VILLAGE SUBDIVISION.
Said Protective Covenants and Servitudes shall apply to and be binding upon the GRANTEES of GRANTOR herein,
their heirs, executors, administrators, and assigns, for the period of time described herein as an obligation and a
charge against the property for the benefit of GRANTOR, its successors and assigns, and for the benefit of the
property described herein. The above described Covenants and Servitudes shall run with the land as burdens and
obligations and benefits or WESTVIEW VILLAGE SUBDIVISION as described above, and each GRANTEE of GRANTOR
herein by accepting a deed to any lot or tract of said subdivision accepts the same subject to such Covenants and
Servitudes and agrees and covenants for himself, his heirs, administrators, and assigns to be bound by and to
comply with each such covenant and servitude.
If the owner of any lands described herein conveyed by GRANTOR, or its successors or assigns, shall violate any of
the covenants or conditions herein above set forth, it shall be lawful for GRANTOR herein or any other person
owning a lot within WESTVIEW VILLAGE SUBDIVISION as described herein, �r the non profit corporation known as
WESTVIEW VILLAGE PROPERY OWNERS ASSOCIATION, INC., as described herein above to prosecute any proceedings
at law or in equity against the person or persons violating any of the said covenants or servitudes, to either enjoin
such violator from doing so, or to recover damages including costs and reasonable attorney's fees, for such
violations, or both.
INVALIDATION OF any of these Covenants or Servitudes by Judgment or Court Order shall in no way affect any of the
other provisions hereof, which shall remain in full force and effect.
Leanne Smith
David Larson
STATE OF WYOMING
Westview Village Subdivision Protective Covenants 2013
DATED THIS 0l day of ,5 2013.
COUNTY OF LINCOLN) SS
Personally before me appeared this day LEANNE SMITH, CRAIG SMITH, DAVID LARSON, and MANDY LARSON,
who state that they have executed the foregoing Protective Covenants and Servitudes for the Westview Village
Subdivision.
Witness my hand and official seal this day ofAtt us4
My commission expires:
NOTARY PUBLIC
4
Craig Smith
a. Uncontrolled fire
b. Dog /dogs at large
c. Noise Ordinance
d. Firearm discharge
e. Unsightly trash /debris-
Information for the Westview Village Subdivision Home Owners
Addendum 1 Westview Village Subdivision Covenants 2013
1. Elections will be held every (5) years. The most recent election held in July 2013 nominated the
following:
a. President Leanne Acor -Smith (307)248 -0176 lasmith @Icsd2.org
b. Vice President -Craig Smith (307)248 -1118 mmcs @me.com
c. Treasurer -David Larson (307)885 -0649 davilars @msn.com
d. Secretary -Mandy Larson (307)887 -6652 mrsguslarsonPvahoo.com
You may feel free to contact any of these people at any time with concerns and /or
comments for improvement. The goal is to try to keep everyone informed of changes and
advancements that are made in the Subdivision that we all share.
2. Yearly water bills will be sent out at end ofJune each year. The water bills for 2014 will reflect a
15% increase. Please plan accordingly for this increase. This increase is to cover the costs
associated with the maintaining and testing of the well water that you drink. These increases are
subject to yearly assessment.
3. There will be fines associated with ordinances as mentioned in the covenants as follows:
$50.00 fine for each offense
$25.00 fine per dog per day
$25.00 fine for each offense
$50.00 fine for each offense
$20.00 fine per day
4. Fines will be enforced by the acting President and paid to the Westview Village Subdivision
Homeowner's fund.
5. Voting ballots will be sent /given to each individual lot owner. The lot owners are all given a
chance to contest or vote for the proposed items. If the lot owners choose not to participate by
giving an approval or opposition, it will be automatically accepted by the Board as an approval.
1
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