HomeMy WebLinkAbout974820DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
HICKORY HOLLOW SUBDIVISION PHASES I and II
THIS DECLARATION "this Declaration" or "the Declaration made by EJD Ventures, LLC,
a California Limited Liability Company "the LLC"), and the Earl J. Darway Family Trust dated
January 30, 2001 "the Trust
RECITALS
1. The Trust has developed the Hickory Hollow Subdivision Phase I in Sections 14 and
15, T31 N, R119W, Lincoln County, Wyoming, as evidenced by that certain subdivision plat
recorded in the Office of the Lincoln County Clerk on February 3, 2010, Receiving No. 951981
"Phase I Phase I consists of two lots designated on its plat as Lots 1 and 2.
2. The LLC has developed the Hickory Hollow Subdivision Phase II in the SE1 /4SE1/4
of Section 15, T31 N, R119W, Lincoln County, Wyoming, as evidenced by that certain subdivision
plat recorded in the Office of the Lincoln County Clerk on 2012, Receiving No.
"Phase II Phase II consists of 5 lots designated on its plat as Lots 3, 4, 5, 6,
and 7.
3. The provisions contained on the Phase I plat and Phase II plat, including, without
limitation, the "Plat Warnings" and easements are incorporated herein by this reference.
4. The LLC and Trust are sometimes referred to herein as "declarant" or "developer
0 3 2 3
5. The lots in the two subdivisions are sometimes referred to herein as "the properties"
or "the lots" or "the Subdivision
6. Phase I and Phase II are subject to those certain Restrictive and Protective
Covenants recorded in the Office of the Lincoln County Clerk on September 12, 2000, in Book 451
PR, page 830, Receiving No. 868285. This Declaration is not inconsistent with those Covenants
and is being made by the LLC and the Trust in addition to those previous Covenants.
7. Phase I is not involved with the Phase II water system or road.
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RECEIVED 1/3/2014 at 11:20 AM
RECEIVING 974820
BOOK: 826 PAGE: 323
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
0324
NOW, THEREFORE, the LLC and the Trust hereby declare that all of the properties
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. LAND CLASSIFICATION. All land within the Phase I and Phase II has
been classified as single family residential property.
Section 2.
to all of the lots.
ARTICLE I
USE AND RESTRICTIVE COVENANTS
GENERAL RESTRICTIONS. The following general restrictions shall apply
(a) Each lot or tract shall be used exclusively for residential purposes, and no
more than one family (including servants and transient guests) shall occupy such residence;
provided, however, that nothing in this subparagraph (a) shall be deemed to prevent the leasing of
any lot from time to time by the owner thereof.
(b) Each residential lot and any and all improvements from time to time located
thereon shall be maintained by the owner thereof in good condition and repair, and in such manner
as not to create a fire hazard, all at such owner's sole cost and expense. Landscaping should be
neat, attractive, and as natural as possible, and no noxious weeds shall be allowed to grow on any
lot.
(c) No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done or placed thereon which may be or become a nuisance, or cause unreasonable
embarrassment, disturbance, or annoyance to other owners in the enjoyment of their lots. In
determining whether there has been a violation of this subparagraph recognition must be given to
the premise that owners, by virtue of their interest and ownership in the Hickory Hollow Subdivision
Phase II, are entitled to the reasonable enjoyment of the natural benefits and surroundings of the
Subdivision. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells or
other sound devices, except security devices used exclusively to protect the security of the lots and
improvements located thereon, shall be placed or used upon any lot.
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(d) No domestic livestock animals or fowl of any kind shall be allowed on any lot
except as follows: 1) not more than two (2) dogs or cats; 2) not more than two (2) horses; 3) not
more than two (2) pigs, cattle or sheep being raised as part of a 4 -H or County Fair Project.
Barking dogs constituting a nuisance shall be confined in a sound resistant
enclosure during normal sleeping hours. All dogs weighing over ten pounds shall be kept and
maintained in a fenced area.
(e) No signs whatsoever, including but without limitation, commercial, political
and similar signs, visible from neighboring property, shall be erected or maintained upon any lot
except for a wooden residential identification sign of a combined total face area of three (3) square
feet or less.
(f) No manufactured house, house trailer, mobile home, tent, teepee, shack or
similar facility or structure shall be kept, placed or maintained upon any lot at any time. The terms
"manufactured house "house trailer" or "mobile home" as used herein include, but are not limited
to, any building or structure with wheels and /or axles and any vehicle, used at any time, or
constructed so as to permit its being used for the transport thereof upon the public streets or
highways and constructed in a manner as to permit occupancy thereof as a dwelling or sleeping
place for one or more persons, and shall also mean any such building, structure or vehicle, whether
or not wheels and /or axles have been removed, after such building, structure or vehicle has been
placed either temporarily or permanently upon a foundation.
(g) All motorcycles, ATV's, and over the -snow vehicles shall either be kept inside
an enclosed area or an enclosed trailer on the lot. No inoperative vehicle shall be kept on the
premises for more than thirty (30) days unless it is parked inside an enclosed building. All of the
restrictions set forth in this paragraph (g) apply also to Dar Way.
(h) All garbage and trash shall be placed and kept in covered containers which
shall be maintained so as not to be visible from neighboring property. Each owner shall provide for
the collection and disposal of garbage and trash not less than once each week. The cost of
garbage and trash collection shall be paid by each owner, in accordance with the billing of the
collector. No rubbish or debris of any kind shall be placed or permitted to accumulate on any lot.
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ARTICLE II
STANDARDS AND RESTRICTIONS APPLICABLE TO CONSTRUCTION
0326
Section 1. GENERAL APPLICATION. The following standards and restrictions are
applicable to the construction, reconstruction, alteration, and refinishing of any and all
improvements from time to time existing upon the properties.
Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the
properties other than one single family dwelling to be occupied by the owner, his lessee, guests and
servants, garage, a secondary residence sometimes known as a "granny quarters or guest house,
of at least 1,200 square feet of floor space at ground level, for the use of guests and not for rent,
storage building(s) to be used to house vehicles, equipment or supplies, greenhouses, and barns.
Section 3. DESIGN CHARACTER. All buildings shall be constructed in character with
each other specifically by using similar exterior roofing, building material and coloring on each
building on the property.
(a) Exterior materials will be of rough sawn natural wood, peeled log, stone,
exposed aggregate concrete, or similar rough textured natural material, and also vinyl siding, steel
siding and Hardy Board siding with wood -grain texture. Roof materials shall be cedar shake or
shingle or high quality composite shingle. Ribbed metal roofing on reflective flat colored finish shall
also be allowed. Roofs on all residences, garages, and other outbuildings shall have a minimum
pitch of 4 feet in 12 feet and shall have a minimum overhang of 18 inches.
(b) All buildings must comply with any and all State of Wyoming, and Lincoln
County Building Codes.
(c) No building of any kind may be constructed on any lot without prior
architectural approval. Prior to commencing any construction of any kind, each lot owner must
submit plans and specifications for such construction for architectural approval. Initially,
architectural approval must be received from the LLC for Phase II or from the Trust for Phase I.
Declarants reserve and shall exercise sole and absolute discretion to grant or deny architectural
approval. However, Declarants also reserve the right to assign the approval authority to another
person or entity at any time. Any such assignee shall have the same authority as to 'architectural
approval as Declarants have reserved herein.
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Section 4. BUILDING DESIGN AND SETBACKS.
0327
(a) The minimum floor area of any single family residence shall be not less than
Fifteen Hundred (1,500) square feet at ground level, exclusive of a garage, carport, porches or
decks and other outbuildings. This provision does not apply to the existing dwelling located on Lot
7.
(b) Solar collectors may be of any construction, materials or pitch required for
efficient operation, but they shall not be placed on any structure in a manner which causes
objectionable glare to any neighboring resident. Solar collectors shall be integrated into the
structure of a residence, garage, carport, or other accessory building and shall not be free standing.
(c) Automobile storage for each residential dwelling shall consist of a minimum
of two indoor parking spaces in a garage that is either detached or attached to the residence.
Parking spaces in the required garage shall have minimum dimensions of not less than ten (10) feet
wide by twenty -five (25) feet long and shall be readily accessible by a driveway.
(d) No building shall be located nearer than 40 feet from the front easement line
or 30 feet from any other exterior property line.
(e) No structure shall be erected, altered, placed or permitted to remain on the
property which shall exceed two stories in height.
(f) All electric, television, radio, telephone, sewer, water, and all of the utility
installations and connections located on the property shall be placed under the ground except that
satellite TV or internet receivers may be placed above ground but shall be done so in as
unobtrusive a manner as possible.
(g) All construction, reconstruction, refinishing, alterations and excavations shall
proceed diligently from the date of commencement and shall be completed within twelve (12)
months from the date of commencement except for so long as such completion is rendered
impossible or would result in great hardship to the owner due to strikes, fires, national emergencies
or national calamities.
ARTICLE III
MISCELLANEOUS PROVISIONS
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0328
Section 1. SEWER SYSTEMS. Each residential building shall be connected to a private
sewage disposal system at the owner's sole expense, and such sewage disposal system shall
conform to all applicable standards of the State of Wyoming, Lincoln County or other regulatory
agency and comply with the requirements set forth on the plat. No out -door toilets shall be
permitted. All sewer systems shall be maintained so as to not constitute a nuisance to the adjoining
lots.
Section 2. WATER SYSTEMS.
(a) Phase 1. As indicated on its plat, the Tots in Phase I are not part of a central
water system. Therefore, the owners of those lots are solely responsible to provide for their own
water systems in accordance with the laws of the State of Wyoming.
(b) Phase 2. As indicated on the plat, Phase II shall have a common culinary
water system constructed at Developer's expense, including a well and pump house located on Lot
5 as indicated on the plat, and a main pipeline to each lot "the water system As stated on the
plat, the LLC grants to each lot an easement for the water system. Upon sale by the Developer of a
lot, that lot owner becomes immediately liable for an undivided 20% share of all operating and
maintenance expenses of the water system. However, each lot owner is responsible for providing
the connection to the water system and all pipelines necessary to provide water to his lot. Each lot
shall have a one -inch connection to the water system. When the Developer has sold 3 or more lots
in Phase II, the Developer shall no longer have any responsibility for the operation and
maintenance of the water system. Until all Tots in the Subdivision have been sold by the Developer,
the Developer may impose such conditions and restrictions upon use of the culinary water as it
deems appropriate in its sole discretion. At any time after at least 3 lots have been sold by the
Developer, it may assign this right to any person, including without limitation, one or more lot
owners.
Lot 7 has its own existing well and culinary water system. Therefore, the owner of Lot 7
may elect not to participate in the water system. If the owner of Lot 7 elects not to participate in the
water system, each of the remaining Tots shall be responsible for 25% of the operating and
maintenance expense of the water system. All other lots in Phase II must participate in the water
system.
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0329
No irrigation water is provided for or otherwise available. By unanimous consent, the Phase
II lot owners may determine to allow limited irrigation use of the water from the water system
provided that such consent is set forth in a written agreement containing the rules and regulations
governing such use.
Section 2. SUBDIVISION ROAD. A private road named Dar Way provides access for
ingress and egress and all utilities from North Sprague Creek Drive to lots 3, 4, 5, and 6 in Phase II,
but not for Lot 7 which has frontage directly on North Sprague Creek Drive. Lots 3, 4, 5, and 6 each
has an easement for such use of that road. Developer shall construct the road according to the
requirements of Lincoln County, Wyoming. Upon sale by the Developer of Lot 3, 4, 5, or 6, that lot
owner becomes immediately liable for an undivided 25% share of all operating and maintenance
expenses of the road including snow removal. This section does not apply to Phase I because its
lots have frontage directly on North Sprague Creek Drive.
Section 3. EXCAVATION AND MINING. No excavation of any kind, including that for
stone, sand, gravel or earth shall be made on any lot except for such excavation as may be
necessary in connection with the erection of any approved improvement thereon. No oil drilling, oil
development operation, quarrying, or mining operations of any kind shall be permitted upon the
property.
Section 4. FENCES. No metal posts will be allowed and no barbed wire shall be used
except that barbed wire fences may be used for subdivision boundary fences.
Section 5. EXTERIOR FIRES. There shall be no exterior fires whatsoever except
barbecue fires contained within receptacles and such fires as may from time to time be permitted by
the Lincoln County fire regulations.
Section 6. CLOTHES LINES. Outside clothes lines or other outside clothes drying or
airing facilities shall be maintained exclusively within a fenced service yard and shall not be visible
from neighboring properties.
or Phase II.
Section 7. HUNTING, PETS. The following restrictions shall apply:
(a) No hunting of wildlife of any sort will be allowed within the confines of Phase I
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(b) All pets will be controlled at all times and will be fenced when not under the
owner's immediate verbal command.
Section 8. COMBINATION OF LOTS. Two or more contiguous lots may be combined in
which event the combined lot shall be treated as one lot for all purposes except for payment of
expenses for operation and maintenance of the Phase II common culinary water system and Dar
Way.
ARTICLE IV
GENERAL PROVISIONS
Section 1. ENFORCEMENT. Each grantee of a lot by acceptance of a deed or
execution of a contract of purchase accepts the same, subject to all such conditions, covenants,
reservations, easements, rights -of -way and restrictions set forth herein or on the plat. Declarant or
any lot owner shall have the right to enforce, by any proceeding at law or in equity, all conditions,
covenants, reservations, easements, rights -of -way, restrictions, liens, and charges now or hereafter
imposed by the provisions of this declaration. Failure by Declarant or by any owner to enforce any
conditions, covenants, reservations, easements, rights -of -way and restrictions contained herein
shall not be deemed a waiver of the right to do so thereafter. A breach of any restriction, condition
or covenant may be joined, abated or remedied by appropriate proceedings. The Declarant or
owner or other party shall be entitled to recover their fees, costs, and expenses, including
reasonable attorney's fees, from the party against whom enforcement action is brought. No such
breach shall affect or 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, covenants, reservations, easements, rights -of -way
and restrictions whether obtained by foreclosure or at a trustee sale or otherwise.
Section 2. DEFINITION OF NUISANCE. Every act or omission whereby any condition,
covenant, reservation, easement, right -of -way or restriction in this declaration is violated in whole or
in part is declared to be and shall constitute a nuisance. A nuisance may be abated by the
Declarant or its successors in interest 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, conditions and
restrictions, by judgment or court order shall not be deemed to affect other provisions of this
declaration which shall remain in full force and effect.
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Section 4. DURATION AND AMENDMENT. All of the covenants, conditions and
restrictions set forth in this Declaration shall continue to remain in full force and effect at all times
against the Tots in Phase I and Phase II and the Owners thereof, subject to the right of amendment
or modification provided for below, for a term of twenty (20) years, after which time they shall
automatically be extended for successive periods of twenty (20) years.
This Declaration may be amended during the first twenty (20) year period by an instrument
in writing signed by not Tess than five (5) of the Lot Owners, and thereafter by an instrument in
writing signed by not less than five (5) of the Lot Owners, which amendment becomes effective
when the instrument is recorded in the Office of the County Clerk of Lincoln County, Wyoming. The
Declarant shall have the right in its sole discretion, during such time as Declarant owns not less
than two (2) Lots in Phase II and not less than one (1) Lot in Phase I, to amend or modify this
Declaration by an instrument in writing, and all Lots in Phase I and Phase II including those
previously sold shall be subject to such modification. Any such amendments shall be duly executed
by the Declarant and are effective when recorded in the Office of the County Clerk of Lincoln
County, Wyoming.
Section 5. GOVERNING LAW. 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 Declarant and the owners.
IN WITNESS WHEREOF, declarant has executed this Declaration as of the 7 day of
.qLL y 2013.
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EJD Ventures, LLC
By
Earl J
arway, Manage
0331
Earl J. Darway Family Trust dated January 30,
2001
STATE OF CALIFORNIA
COUNTY OF
STATE OF CALIFORNIA
COUNTY OF
ss.
Witness my hand and official seal.
ss.
On this day of 2013, before me
me personally known, who, being by me duly sworn and
trustee of the Earl J. Darway Family Trust dated
executed the foregoing instrument; that said instr
trust; that said trustee had the authority under t
the instrument on behalf of the trust; and sai
act and deed of said trust.
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My commission ex res:
NOTARY PUBLIC
My commissioryexpires:
NOTARY PUBLIC
0332
The foregoing Declaration of Covenants, Conditio and Restrictions was acknowledged
before me by Earl J. Darway as manager of EJD V= tures, LLC, a California Limited Liability
Company, this day of 201
rsonally appeared Earl J. Darway to
ut upon his oath, did say that he is the
nuary 30, 2001, described in and which
ent was signed and sealed on behalf of said
terms of the written trust instrument to execute
rustee acknowledged said instrument to be the free
Given under my hand and not 'al seal the day and year first above written in this certificate.
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
w •r •r r •r 7 .r .e• .r •r v .7 •w
State of California
County of
On 1 i Z)
Date
personally appeared
Place Notary Seal Above
Signer Is Representing:
before me,
SHIRLEY FUJINO
Commission 1864353
Notary Public California
z 4 San Luis Obispo County r
o My Comm. Expires Oct 7, 2013
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OF SIGNER
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Here Insect Name and Title of the Officer
Na r e(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the persort(ef whose namehs is /are
subscribed to the within instrument and acknowledged
to me that he/s1 /they executed the same in
his /I}er/tbetf authorized capacity,(j,ss), and that by
his /her /thin signature on the instrument the
person,(.s•)'`or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and
fficial
1
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Document Date: 7 -141 zoi
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Partner Limited General
Attorney in Fact
Trustee
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2010 National Notary Association NationalNotary.org 1- 800 -US NOTARY (1- 800 876 -6827)
0333
CIVIL CODE 1189
Item #5907
CALIFORNIA JURAT WITH AFFIANT STATEMENT
,See Attached Document (Notary to cross out lines 1 -6 below)
See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary)
State of California
County of 1y6
SHIRLEY FUJINO
Commission 1864353
r'•a.' Notary Public California z
z San Luis Obispo County
Though the information below is not required by law, it may prove
valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
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Title or Type of Document f (I 1 4 a Jt,l r r� 1 1 J 1 c't Ave v1cLYru
Document Date:
Signature of Document Signer No. 1
My Comm. Expires Oct 7, 2013
Place Notary Seal Above
Signer(s) Other Than Named Above:
Number of Pages:
}Yti2.-
Signature
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Signature of Document Signer No. 2 (if any)
Signature o rotary ublic
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0334
Subscribed and sworn to (or affirmed) before me on this
4 day of e I —K u t.y tv� 20 by
Date Month Year
(1)"A 1-..v
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me
(and
(2) 1.4t-
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who app ar: d aefor- me.)
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