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HomeMy WebLinkAbout889077Bedford Third Filing, ¢/o Kurt and Angela Webb PO Box 975 Thayne, WY 83127 889077 B OOKx~_~._pR PAGE 251 RECEIVED LINCOLN COUNTY CLERK DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS THIS DECLARATION made on the date herein after set forth by Bedford Third Filing, Owner, herein after referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the unincorporated area of Lincoln County, State of Wyoming, described on Exhibit "a" attached hereto and made a part hereof, hereinafter referred to as "the property", and said property is being developed by Kurt and Angela Webb, hereinafter referred to as "developer"; and WHEREAS, it is the desire and intention of the Declarant'to sell the property described above and impose upon it mutual beneficial restrictions under a general plan or scheme of improvement for the benefit of all of said lands and the future owner of those lands; and WHEREAS, Declarant will convey the said property, subject to certain protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter Set forth; NOW, THEREFORE, Declarant hereby declares that all the property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, or attractiveness of the real property and every part thereof. These easements, covenants, restrictions, and conditions, shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described property or any part thereof, and shall insure to the benefit of all the lands in said tract and the future owners of those lands. Section 1 Section 2 Section 3 Section 4 Section 1 ARTICLE I / DEFINITIONS "Property" shall mean and refer to certain real property hereinafter described. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property. "Owner" shall mean and refer to the recorded owner, whether one or more persons Or entities, of a free simple title to any lot, and shall also include contract purchasers and the Declarant, but shall exclude those having such interest merely as security for the performance of any obligation. "Declarant" shall mean and refer to Kurt and Angela Webb. ARTICLE II / ARCHITECTURAL CONTROl, No building, fence, structural wall, or other structure shall be commenced, erected or maintained upon the property, nor shall any exterior addition, change or alteration therein' be made until the plans and specifications showing the nature, kind, shape, heights, materials and location of the same have been submitted to and apprOved in writing, as to the harmony of external design and location in relation to surrounding structures and topography by Kurt and Angela Webb. Prior to the commencement of any excavation, construction or 252 remodeling of any structure or improvement, there shall first be filed with Kurt and Angela Webb two complete sets of building plans and specifications together with block and plot plans indicating the exact part of the building site the improvements will cover, and said work shall not commence unless Kurt and Angela Webb shall endorse said plans as being in compliance with these covenants and are otherwise approved. The second set of plans shall be filed as permanent record with Kurt and Angela Webb. In the event "Declarant" fails to approve or disapprove such design and location within fifteen (15) Days after said plans and specifications have been submitted, approval Will not be required and full compliance with this article will be deemed to have been made. ARTICLE III / USE RESTRICTIONS Lots 5,6,7,8 & 9 shall be Used solely for priVate, residential purposes, and there shall not be constructed or maintained thereon more than one single family dwelling in addition to a private garage per half acre. In addition, the lots shall be subject to the following restrictions. Section 1 No residential structure haVing a floor area of less than 1000 square feet of living space, which does not including open porches, patios, and garages shall be erected or placed on any residential lot. Each residential structure must have a garage no smaller than one single bay and not larger than 3 bays. No corrugated roofs and no tin roofs Unless colored. Section 2 No buildings shall be located on any lot nearer to the street-front line than 20 feet therefrom, measured to the foundation of such building; nor not nearer than 10 feet to the rear Lot line; nor nearer than 10 feet to the side Lot line. For the purpose of this covenant, decks, steps and open porches shall not be considered as part of a building for purpose of determining such distances, provided, however, that this shall be construed to permit any portion of a building, including decks, steps, or open porches to encroach upon any utility easement or another Lot. Section 3 Any building, structure or improvement erected on any lot shall be finished using an earth tone color scheme. Section 4 All Lot owners shall Cause their lot to be seeded or suitably planted with grass/lawn and decorative shrubbery within 2 years of commencement of any construction of any building or improvement on said Lot thereon. Section 5 No mercantile, manufacturing, or mechanical business of any natUre shall be maintained on any lot, with the possible exception of lots 10,11,& 12. Approval must be required in writing from Kurt and Angela Webb for this exception to apply to lots 10, 11, and 12. Section 6 No animals of any kind shall be maintained for a commercial purpose. a. No pigs, chickens, goats on premises b. No more than 1 adult dogs per residence. Pups must be relocated within 60 days of birth. No dogs at large. c. No cows to be boarded on property. d. Only one horse per acre to be boarded on property. Section 7 No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon that may become an annoyance or nuisance to the neighborhood. Without limiting the generality of the foregoing, cars and small engine items cannot be collected for mechanical repairs or stored on property once inoperable for more than 30 days. Section 8 After the commencement of any building or improvement, or structure, or wall penmtted hereby to be constructed, the same shall be prosecuted to completion with reasonable diligence. 253 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 1 Section 2 Section 3 No structures of a temporary nature, mobile homes, manufactured homes, lean-to, garage, barn, or other out buildings shall be used any time as a residence either temporarily or permanently. No old or second-hand structures shall be moved on to any of the said Lots, it being the intent hereof that all dwellings and other buildings to be erected on said Lots, or w/thin said Subdivision, shall be new construction of good quality workmanship and materials. There is hereby reserved from each lot and the owner thereof an easement for the installation and maintenance of any types of utilities, together with reasonable rights of access to said easement. No billboard of any character shall be erected, posted, pasted or displayed upon or about said property, unless and until the form of design of said sign has been submitted to and approved by Declarant. No portion of any Lot shall be used or maintained for dumping of rubbish, trash, garbage or other waste. Such waste shall not be kept except in sanitary containers and removed in a timely manner. All equipment for the storage of such material shall be kept in a clean and sanitary condition. No rubbish, trash, papers, junk or debris shall be burned on any Lot. No individual water supply system shall be used or permitted on any Lot or group of Lots unless such system is located, constructed and equipped in accordance with the standards of the State Health Department and approved by such authority, and unless such system in permitted and approved by Kurt and Angie Webb whiCh may deny approval if, in its sole discretion, such a system would not be in the best interest of the subdivision. No barb w/re, net fence to be constructed between Subdivision Lots. Fence must be of wood, steel panel, vinyl or log construction. ARTICLE IV / GENERAL PURPOSES Enforcement Each and all of the said conditions, covenants, and reservations is and are for the benefit of each owner of land and any interest therein in the said property, and shall apply to and bind the respective successors in interest. Each grantee of any part or portion of said property by acceptance of a deed accepts Declaration, accepts the same, subject to all such restrictions, conditions, covenants, and reservations. The Declarant or any owner shall have the right to enforce, by any proceeding at law or inequity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. A breach of any restriction, condition, or covenant may be enjoined, abated, or remedied by appropriate proceedings. No such breach shall affect nor impair the lien of any bonafide mortgage or deed of trust, which shall have been given in good faith and value; provided, however, 'that any subsequent owner of said property shall be bound by said conditions, and covenants whether obtained by foreclosure or at a trustee's sale or otherwise. Violation Constitutes Nuisance Every act or omission whereby any restrict/on, condition or covenant in this Declaration set forth, if violated in whole or part, is declared to be and shall constitute a nuisance, and may be abated by Grantor or its successors in interest and/or by any Lot Owner; and such remedy shall be deemed cumulative and not exclusive. Severabili _ty Invalidation of any one of these covenants or restriction by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 4 254 Duration of Restrictions All the condition, covenants and reservations set forth herein shall continue and remain in full force and effect at all times against said property and the owner thereof, subject to the right of change or modification hereinafter provide until July 1, 2223, and shall as. then in force be continued for a period twenty years, and thereafter for successive periods of twenty years each without limitation, unless within the six months prior to July 1, 2223, or within the six months prior to the expiration of any successive twenty-year period thereafter, a written agreement executed by (70%) seventy per cent of the then record Lot owners covered hereby be place on record in the office of the County Recorder of Lincoln County, by the terms of which agreement any of said conditions or covenants are changed, mOdified, or extinguished, in whole or in part, as to all or any part of the property subject hereto, in the manner and to the extent therein provided. In the event that any such written agreement of change or modification be duly executed and recorded, the original conditions and covenants, as therein modified, shall continue in force for successive periods of twenty years each, Unless and until further changed, modified or extinguished in the manner herein provide for, by mutual written agreement of not less than (70%) seventy per cent of the then owner of record title of said property. · Section 5 Formation of Homeowner's Association A Homeowner's Association may be formed with each present of future Lot owner having a representative thereon, and each Lot owner, having equal voting right regardless of size of Lot purchased. However, Kurt and Angela Webb, or any successors shall have fifty one per cent (51%) of voting right on any matters pertaining to Bedford Third Filing until such times as all designated Lots have been sold. Thereafter, all voting rights will transfer to the Homeowner's Association. In WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this ~ day of February of Bedford Third Filing c/o Kurt & Angela Webb PO Box 975 Thayne, WY 83127  (Owner) // (Owner) State of Wyoming SS. County of LincOln On the ~ ~' day of February 200~, personally appeared before me rurt B. Webb and Angela C. Webb, Owners of Bedford Third Filing, who duly acknowledged to me that they executed the same as their free act and deed. Commission expires: ~3 j2-Y'/7.-o°3 ~.,,~,~ ~,. lic) 70TARY PUBLIC Exhibit "a" 255 Description - Bedford Townsite 3rd Filing - 5.041 Acres The property as referred to in the Deed recorded in Book 428PR, on Page 468, with the Office of the Clerk of Lincoln County, Wyoming, within Block 14 of the Bedford Townsite, the'SE1/4 of Section 29, T34N, R118W, of the 6th. P.M., Lincoln County, Wyoming, the Metes and Bounds being more particularly described as follows: BEGINNING at the Iron Pipe marking the Southeast corner of Said Block 14, said Point being 1,155.69 feet N85°25'00"W from the B.L.M. type Monument marking the Baker Engineers PE/LS 698 1982 location for the Southeast Corner of said Section 29; thence N89°30'37"W, along the South line of said Block 14,658.29 feet to the Iron Pipe marking the Southwest corner of said Block 14; thence N0°35'55"E, along the West line of said Block 14, 330.64 feet to the Iron Pipe marking the Southwest corner of Lot 2; thence S89°29'18"E, along the South line of said Lot 2, 328.82 feet to the Iron Pipe marking the Southwest corner of Lot 1; thenCe N0°32'36"E, along the West line of said Lot 1, 1.42 feet to an Iron Pipe; thence N88°45'21"E 328.97 feet to an Iron Pipe making a point in the East line of said Block 14; thence S0°29'17"W, along said East line, 341.89 feet, to the Point of Beginning, containing 5.041 Acres of land. TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Restrictions, Reservations, Rights-of-Way and Improvements of sight and or record. ii: