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HomeMy WebLinkAbout893162 RECEIVED LINCOLN COUNTY CLERK THIS DECLARATION made on the date hereinafter set forth by Bedford Hide- A-Way Estates hereinafter referred to as "Declarant", WlTNESSETH: WHEREAS, Declarants are the owners of certain property in the unincorporated area of the County of Lincoln, State of Wyoming, described as Bedford Hide-A-Way Estates, Lots 1, 2, 3, 4, and 5 within GLO Lot 2 (SW1/4 NE1/4) of SECTION 21, T34N, R118W) attached hereto and made a part hereof, hereinafter referred to as "the property," and said property is being developed by Timothy Alan Allred, David S. Crofts and Larry Lee Francis, Jr., hereinafter referred to as "Declarants", and WHEREAS, it is the desire and intention of the Declarants to impose upon all Lots in Bedford Hide-A-Way Estates, mutual beneficial restrictions under a general plan or scheme of improvement for the benefit of all of said lands and the future owners of those lands: and WI-HEREAS, Declarants will convey the said property, subject to certain protective covenants, conditions, restrictions, reservations, easements as recorded on the original Plat map, liens and charges as hereinafter set forth; NOW, THEREFORE, Declarants hereby declare that all of 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, and 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 inure to the benefit of all the lands in said tract and the future owners of those lands. ARTICLE 1 .... DEFINITIONS 1. "Property" shall mean and refer to that certain real property hereinbefore described. 2. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Bedford Hide-A-Way Estates property. 3.. "Declarant" shall mean and refer to Timothy Alan Allred, David S. Crofts, and Larry Lee Francis, Jr.. 4. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, including contract buyers and Owners of a beneficial interest, but excluding those having such interest, merely as security for the performance of an obligation. ARTICLE 2 .... ARCHITECTURAL CONTROL No building shall be erected, placed or altered on any Lot until a site plan and construction plans and specifications have been approved by the Architectural Control Committee as to the quality of the workmanship, compliance with permitted materials, harmony of the external design with existing structures, as to the location with respect to topographY and finish grade elevation. No fence, wall, swimming pool or other construction shall be erected, placed or altered on any Lot without prior approval of the Architectural Control COmmittee. The approval or disapproval of the Architectural Control Committee as required in these covenants shall be in writing. In the event the Committee fails to give approval or disapproval within thirty days after plans and specifications have been submitted, approval shall be deemed to have been given. The Architectural Control Committee, which is vested with the powers described herein, shall consist of three (3) separate Owners appointed by a majority of the Lot Owners. No property Owners shall apply for a building permit in Lincoln County prior to having first obtained written approval from the Architectural Control Committee. The Committee shall promulgate and maintain a list of standards for guidance in approving and disapproving plans and specifications pursuant to this Article. Only Owners of said Lots in the Subdivision shall be privileged to vote for the members of said Architectural Control Committee, and the three (3) members of the Architectural Control Committee shall be appointed by a majority of the Lot Owners and shall serve for an initial period of five (5) years, at which time the majority of the then existing Lot Owners shall vote and select another Architectural Control Committee. A member of the Architectural Control Committee can be removed at any time, with or without cause, if a majority of the current Lot Owners votes to remove that member. ARTICLE 3 .... GENERAL RESTRICTIONS 1. The Lots shall be used solely for private, single-family residential purposes, and there shall not be constructed or maintained thereon more than one single-family dwelling, garage buildings, barns and other structures incidental to single family dwelling which may include a quest home for the use of quests and not for rent. These shall not exceed a total of three (3) structures and shall all be of similar design character to the principal residence. 2 2. The minimum total finished square footage of living area on the first level above ground and located within the area of a foundation for any home constructed on any Lot within the Subdivision, exclusive of porches, balconies, patios, and garages, shall be not less than 1500 square feet of living area. Finished square footage of living area shall be defined as living area containing lighting fixtures, permanent floor coverings and painted or paper or vinyl walls and ceilings. The single family dwelling to be erected on any Lot shall not exceed 2 J,4 stories in height. All dwellings shall have a double garage sufficient to park at least two cars. 3. No galvanized corrugated metal roofs and no tin roofs unless they are colored and non-reflective can be used. No building may have visible exterior coverings of cement, cinder block, or unpainted metal. All buildings shall have exteriors of rock, wood, stucco, wood grain steel or vinyl siding, or other sidings approved in advance by the Architectural Control Committee. Dome structures of any type will not be allowed. 4. No building shall be located on any Lot nearer to the front lot line than twenty- five feet therefrom, measured to the foundation of such building, nor nearer than thirty feet to the rear lot line; nor nearer than twenty feet to a side lot line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as part of a building for the purpose of determining such distances. 5. No mercantile, manufacturing, mechanical or trade business or business establishment, or any commercial activity of any nature shall be maintained on any Lot. 6. No animals of any kind shall be maintained for any commercial purpose. No swine, goats, sheep, poultry, or fowl shall be kept or permitted on any Lot. The number of animals permitted on each Lot is one per acre. . 7. No noxious or offensive activity shall be carried on upon any Lot in the Subdivision, nor shall anything be done thereon which may become an annoyance or nuisance to the Owners of the other Lots within the Subdivision. No oils or gas drilling, oil or gas development operations, oil or gas refining, quarry or mining operations of any kind shall be permitted upon or under any Lot located in the Subdivision. No storage of any articles which are unsightly in the opinion of the Architectural Control Committee will be permitted in carports, unless in enclosed areas built and designed for such purposes. No automobiles, trailers, boats or other vehicles are to be stored on the streets in front of homes or Lots. All automobiles, trailers, boats or other vehicles stored on the Lot in driveways or garages shall be in running condition and shall be properly licensed. 8. After the commencement of any building, structure, or wall permitted hereby to be constructed, the same shaltbe completed within one year. All buildings must comply with either the current editions of the Uniform Building code, the National Plumbing Code, and the National Electrical Code, or, if applicable, State of Wyoming, and/or Lincoln County Building and Safety Codes. ¸'3 9. No structure of a temporary nature, bus mobile home, trailer, basement, tent, shack, garage, barn or other outbuilding erected or placed in the Subdivision shall at any time be used as a residence temporarily or permanently, nor shall said structures be permitted on said Lots at any time. No old or second-hand structures shall be moved onto any of said Lots, it being the intent hereof that all dwellings and other buildings to be erected on said Lots, or within said subdivision shall be new construction of good quality and workmanship and materials. 10. No modular, or prefabricated, premanufactured, temporary, nor mobile home shall be located on any Lot, excepting the storage of one (1) camper trailer belonging to the Owner of the Lot, provided such storage is confined to the rear yard or garage area. 11. The elevation of a Lot, or any portion thereof, shall not be changed so as to materially affect the surface elevations or grade of surrounding Lots. No rock, gravel, clay, top soil, or other material shall be removed from any Lot other than for the actual construction of approved buildings. 12. No Lot shall be used or maintained as a dumping grOund for rubbish, trash, garbage, or other waste. Such waste shall not be kept, except in sanitary containers. No rubbish, trash, papers, junk or debris shall be burned upon any Lot. 13. Individual water supply systems or sewer Systems shall be used or permitted on any Lot or group of Lots if such system(s) is located, constructed and equipped in accordance with the requirements of Lincoln County and of the State of Wyoming. 14. All roadways within the subdivision are private roadways, specifically Deer Lane. Lone Star Drive which accesses Deer Lane is also a private roadway. These roadways are to be maintained in a reasonable, passable condition. Road maintenance and snow removal shall be the sole responsibility of each property or Lot owner and will be shared equally with other Lot owners serviced by these roads. 15. All electricity, telephone or any utility shall be placed underground. No overhead lines are permitted. 16. All fuel tanks, water tanks, or similar storage facilities shall either be constructed as an integral part of a structure, or shall be installed or constructed underground. 17. Easements for installation and maintenance of utilities, drainage facilities and ingress and egress are reserved as shown upon the recorded Plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easement of each Lot and all improvements in it shall be maintained continuously by the Owner of the 4 Lot, except for those improvements for which a public authority or utility company is responsible. ARTICLE 4 .... GENERAL PROVISIONS 1. Enforcement. Each and all of said conditions, covenants and reservations is and are for the benefit of each owner of land or any interest therein in the said property, and each thereof shall inure to and pass with each and every parcel of 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 incorporating by reference this Declaration accepts the same, subject to all such restrictions, conditions, covenants, reservations, liens and. charges now Or hereafter imposed by the provisions of this declaration. Failure by the "Declarants" or by any Lot owners 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 restrictions, conditions or covenant may be enjoined, abated or remedied by appropriated proceedings. The limitations and requirements for land use set forth in these covenants shall remain enforceable by all property owners, their heirs, successors or assigns. Every Lot owner within the property, hereby consents to the entry of an injunction or judgment against him or her, to terminate and restrain any violation of these covenants. Any property owner who uses or allows his or her property to be used or developed in violation of these covenants further agrees to pay all costs incurred by the adjacent property owners, to include reasonable Attorneys' fees incurred with or without suit. No such breach shall affect nor impair the lien of any bonifide mortgage or Deed or Trust which shall have been given in good faith and for value; provided however, that any subsequent owner 0fsaid property shall be bound by the said conditions, and covenants whether obtained by foreclosure or at a trustee's sale or otherwise. This Declaration may be amended, changed or terminated in whole or in part, by a vote of at least eighty percent (80%) of the then Owners of the said Lots within the Subdivision. Such amendments, changes or terminations shall be affected by instruments in recordable from, executed by the then Owners or the Lots within the Subdivision and filed in the County Recorder's Office. 2. If the violation of these covenants, conditions and restrictions is of a continuing nature, the failure to prosecute such violation for any period after such violation occurs shall not operate as a waiver of the right to subsequently prosecute with respect to said violation, nor bar the seeking of relief, injunction or otherwise, against other violations occurring on any other Lot in the Subdivision. It is further agreed that all of the covenants, conditions and restrictions set forth herein shall not be deemed changed or abandoned by change on conditions in the neighborhood, by acquiescence, by violation of other act or failure to act by any Lot Owner or any other person. 685 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. ~N V~Th~SS WHeReOF, The declarants have here unto set their hands and seals this '-~4.~ day of .~t~ ~t ~'rt 2003.  -A-Way Estates Subdivision [~ 8 6 ~[~mothy ~lan Alfred ~~~DavidS , s~' ..~]~.a'r~e Francis, Jr. /c~ -' STATE OF WYOMING ) ) COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Timothy Alan Allred, David S. Crofts, and Larry Lee Francis, Jr. this '--~7 day of t~ ~.o~ ,20)~7~./? Witness my hand and official seal. _ My commission expires: 6