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HomeMy WebLinkAbout886768 DECLARATION OF CO AND RES BOOK '-; .... ~ PR PAGE THIS DECLARATION is made as of Gaylon Heiner and Kristi G. Heiner aka Kristi as "declarant", 'the owners of the property loc Wyoming, and which is hSreinafter referred to follows: The SW1/4 SW1/4 of Section 2, T33N, NOW, THEREFORE, declarant here held, sold, and conveyed subject to the follow RECEIVED 886768 ~-mco~.~v oOU,NTy VENANTS, CONDITIO-N ' - FRICTIONS ,. , December ~ q ~'I2', 2002, by Gaylon G. Heiner aka Heiner, husband and wife, hereinafter referred to ated within the Bedford area of Lincoln County, as "the property", more specifically described as., RI 18W, Lincoln County, Wyoming. by declares that the property described shall be ing restrictions, covenants and conditions, which are for the purpose of protecting the value an( desirability of, and which shall mn with the real property and be binding on all' parties having ahy right, title or interest in the described property or any part thereof, their heirs, successors, arid assigns, and shall inure to the benefit of each owner thereof. ARTICLE I USE AND RESTRICTIVE COVENANTS SECTION 1. LAND CLASSIFICATION. agricultural and single-family residential property. The property shall be classified as SECTION 2. GENERAL RESTRICT apply to the property. (a) The property shall be used exc!t one family (including servants and transient gue~ (b) The property and any and all n shall be maintained by the owner thereof in goo to create a fire hazard, all at such owner's sole (c) No noxious or offensive activity anything be done or placed thereon which unreasonable embarrassment or disturbance to of their land. (d) Domestic livestock animals, anir as long as such animals are contained in a fenc chase any wildlife or livestock. iONS. The following general restrictions shall ~sively for residential purposes, and no more than ;ts) shall occupy any residence erected thereon. nprovements from time to time located thereon, d condition and repair, and in such manner as not ost and expense. shall be carried on or upon the property, nor shall will be or will become a nuisance, or cause any other adjacent landowners in the enjoyment mls, and fowl can be maintained on the property ~d area. No domestic animal shall be allowed to DECLARATION OF CO VENANTS, CONDITIONS AND RESTRICTIONS PAGE 1 OF 6 171 (e) No commercial signs visible ~m neighboring land shall be erected or maintained upon the property. Any lighting must be accomplished so that the source of illumination is not visible from neighboring land,, and so that the light is reflected away from neighboring land and from the vision of passing motorists. (f) No manufactured home, house trailer, mobile home, shack, cabin, or similar facility or structure ,brought in by truck shall ~e kept, placed or maintained upon the property at any time. Children s playhOuses and seasonal use of tents or tepees shall be allowed. Travel betrailers, allowed.USed by vacationing guests for period's of time not to exceed three (3) months shall also (g) All vehicles, including without limitation motor vehicle , , s, over-me-snow vehicles, trailers of any kind, truck campers, motor homes, or boats shall be kept in an enclosed area on the property. No inoperative motor vehicle sl~all be kept on the property unless it is kept in an enclosed garage. Motorbikes, motorized trgil bikes, four wheelers, and similar mechanical devices shall be used on the property only in a responsible manner that will not interfere with the tranquility of neighboring landowners. (h) All garbage and trash shall be p maintained so as not to be visible from neighb the collection and disposal of garbage and tn owners shall pay for the cost of garbage and tra laced and kept in covered containers that shall be oring land. The property owner shall provide for ~sh not less than once each week. The property th collection. (i) No rubbish or debris of any kind shall be placed or permitted to accumulate on the property. No metal, such as scrap metal, shall be stored, or allowed to accumulate on the property except within an enclosed structure. / ! ARTICLE 1I' STANDARDS AND RESTRICTIONS APPLICABLE TO CONSTRUCTION ! SECTION 1. GENERAL APPLICATION. The following standards and restrictions are .applicable to ½he .construc. tion, recOnstructiOn, alteration and refinishing of any and all improvements/rom Ume to time existing upon t~e property. ! SECTION 2. IMPROVEMENTS ALLOWED No improvements shall be constructed on the property other than one (1) single family dwelling to be occupied by the owner, or the owner's lessee, guests and servants, garage(s), rent, and storage building(s) to be used to hou be used to house horses and other domestii~ permanent construction. SECTION 3. DESIGN CHARACTER with each other specifically by using comple coloring on each building on the property. An materials shall be cedar shakes, ceramic or cem~ DECLARATION OF C( AND RES' PAG! a guest house for the use of guests and not for se vehicles, equipment or supplies, and barn(s) to animals. All improvements shall be of new, All buildings shall be constructed in character rnentary exterior roofing, building material, and exposed metal shall have a dull finish. Roofing nt tiles, or metal will a non-glaring finish. VENANTS, CONDITIONS FRICTIONS 2OF6 (a) Exterior materials will be of rot aggregate concrete, or similar rough texture~ cinderblock shall be used as an exterior mai shingle, slate, ceramic or cement tile, or metal (b) All buildings must comply Building Code, the Wyoming Plumbing Code, State of Wyoming, and/or Lincoln County Bull 172 tgh sawn natural wood, peeled log, stone, exposed natural material, or metal with a dull finish. No :rial. Roofing materials shall be cedar shake or vith a non-glaring finish. ith either the current editions and the National Electrical Code, ting and Safety Codes. of the Uniform or, if applicable, SECTION 4. BUILDING DESIGN AND SETBACKS. area of (a) The minimum floor any single-family residence shall be not less than fifteen hundred (1,500) square feet at ground level, exclusive of a garage, carport, or porches or decks and other outbuildings. All outbuildings constructed on the property shall have not less than four hundred and fifty (450) square feet of enclosed space therein at ground level. / (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 land. 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 shall provi~ either a carport or a garage. If a carport is us fully enclosed and roofed storage space with feet shall be provided in addition to the carp~ shall have minimum dimensions of not less th~ and shall be readily accessible by a driveway. le for a minimum of one indoor parking space in ~d to provide the required indoor parking space, a minimum floor area of one hundred (100) square Jrt. Parking spaces, whether interior or exterior, n ten (t0) feet wide by twenty-five (25) feet long (d) No building shall be located ne~trer than fifty (50) feet from any exterior property line. Provided, however, that if Lincoln Codnty requires a building setback greater than fifty (50) feet, then such building setback requiremeht shall apply to the property. (e) No structure shall be erected, altered, placed or permitted to remain on the property that shall exceed either two (2) stories {n height or thirty (30) feet maximum. Height shall be measured from the natural grade on he highest side of the improvement to the highest point of the roof or any projection therefrom, e:{cluding chimneys. (f) All electric; telephone, sewer, nd water installations and connections located on the property after the date of recordation of the se covenants shall be placed under ground. (g) All fuel tanks, water tanks, or {imilar storage facilities shall either be constructed as'an integral part of a living unit, or shall be installed or constructed underground. (h) All exterior lighting, shall be incandescent lighting. DECLARATION OF COVENANTS, CONBITIONS AND RESTRICTIONS PAGE 3 OF 6 SECTION 5. CONSTRUCTION. Tl~e exterior of any building must be completed within twelve (12) months after the comn encement of construction except where such completion would be impossible, due to the si~e of the project, or because doing so would result in undue hardship to the owner because of strlkes, emergencies, or natural calamities, provided, however that the owner is nonetheless obligated to either diligently pursuing completion or removal of the building. Notwithstanding an other provision contained herein, a travel trailer shall be allowed on the property as living accommodations during the twelve (12) month construction period of any initial structure on tle property. ART1CLE III MISCELLANEOUS PROVISIONS ' SEWER SECTION 1. WATER AND SYSTEMS. The property owner is responsible for providing a private water system using a well and related, structures. Each residential bUilding shall be connected to a sewage disposal system or have its own private sewage disposal system. No out-door toilets shall be permitted. All water and sewer systems shall be maintained so as to not constitute a nuisance to the adjoining land. / SECTION 2. EXCAVATION AND 1VLINING. No excavation of any kind, including that for stone, sand, gravel or earth shall be m~de on the property except for such excavation as may be necessary in connection with the erection of any approved improvement thereon. No oil drilling, oil development operation, or mining operations of any kind shall be permitted upon the property. Provided, that this shall not prohibit excavation and/or grading for landscaping purposes completed in the course of implementation of landscaping plans, including but not limited to excavation for ponds and berming for SECTION 3. FENCES. All fences st understanding that only sheep wire, not barbed be permitted for dog runs, provided the dog rm fences shall be painted or faced in colors that of the area. · SECTION 4. LOT DIVISION. The separate parcels. If such division is made, the parcels. ARTI privacy. all be of wooden or vinyl construction with the wire shall be used. Metal fencing, however, will ~s are not visible from neighboring properties. All 31end into the natural environment and landscape property may be subdivided once into two (2) n all of the provisions herein shall apply to both CLE IV GENERAL PROVISIONS SECTION 1 ENFORCEMENT Eac' r ' ~ ' ' ......................... ~ n g antee of the property, by acceptance of a deed or execution of a contract of purchase incorl~orating by reference this declaration accepts the sa_me, subject to all such conditions, covenants, and restrictions. Declarant or any property owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions covenants, and reservations now ar hereafter imposed by the provisions of this declaration. Failure by declarant or by any pre perty owner to enforce any covenant, restriction, condition, or reservation contained herein shal not be deemed a waiver of the right to do so / DECLARATION OF CO FENANTS, CONDITIONS AND RESTRICTIONS PAGE 4 OF 6 thereafter. A breach of any restriction, co~ remedied by appropriate proceedings. The dc entitled to recover their fees, costs, and expen party against whom enforcement action is brou of any bona fide mortgage or deed of trust ,0 value; provided, however, that any subsequent conditions, covenants and restrictions wheth. otherwise. 174 tdition or covenant may be enjoined, abated or clarant or property owner or other party shall be scs, including reasonable attorney's fees, from the ght. No such breach shall affect or impair the lien 7hich shall have been given in good faith and for owner of said property shall be bound by the said obtained by foreclosure or at a trustee sale or SECTION 2. DEFINITION OF NE lANCE. Every act or omission whereby any restriction, condition or covenant in this declaration is violated in whole or in part is declared to be and Shall constitute a nuisance and may be abated by the declarant or his successors in interest t I or by any affected property owner and such remedy shall be deemed cumulative and not exclusive. SECTION 3. SEVERABILITY. inv~ and restrictions, by judgment or court order sh declaration which shall remain in full force and SECTION 4. DURATION. These co the land and shall be binding on all owners of covenants, conditions and restrictions shall declarant or declarant's successors or assigns land records of Lincoln County, Wyoming, restrictions before that date. Any change or shall be valid if signed by the. declarant or dc owner, or if the property 'is subdivided, the d lidation of any one of these covenants, conditions all not be deemed to affect other provisions of this effect. cenants, conditions and restrictions are to run with the property until June 1, 2006, at which time said ,e automatically extended indefinitely, unless the and the property owner execute and record in the a revocation of the covenants, conditions and modification in the provisions of this declaration ;clarant's successors and assigns and the property eclarant or declarant's successors and assigns and the property owners, and .recorded in the lind records of Lincoln County, Wyoming, such modification or change to be effective from tlle date of recording. Any modification or change to this declaration shall not be binding unless modified~ according to the terms of this paragraph. 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. ! SECTION 6. ADJACENT AIRSTRIP. An existing, operating airstrip is located adjacent to the property. Aircraft land and take off from this airstrip on a regular basis. Declarant expects that this airstrip will continu an interest in the property does so subject' provision cannot be amended without the con assigns. '. IN WITNESS WHEREOF, declaran year first above written. DECLARATION OF C, e to be so used in the future. Any owner acquiring :o the continued operation of this airstrip. This Dent of the declarant or declarant's successors and has executed this Declaration as of the day and )VENANTS, CONDITIONS AND RESTRICTIONS PAGE 5 OF 6 GAYL~N G. HEINER , STATE OF WYOMING COUNTY OF LINCOLN The foregoing Declaration of Covenax before me by Gaylon G. Heiner aka Gaylol husband and wife, this 2~ day of December. Witness my hand and official seal. County of ~ State o! {Ll_ncoln,, ~ Wyoming My Commission Expires July 16, 2003 My Commission expires: 175 KI~STI G. HEINER ) )ss. ) ~ts, Conditions and Restrictions was acknowledged ~ Heiner and Kristi G. Heiner aka Kristi Heiner, 2002. · ~NOT.a RY PUBLI~.) DECLARATION OFf ~'OVENANTS, CONDITIONS AND RESTRICTIONS