HomeMy WebLinkAbout894380Jepperson Subdivision
Governing Board
Lester K. & Vickie J. Jeppersr~m,
.::93
RECEIVED
'LINCOLN COUNTy CLERK
03 0CT/'0 PH 3:38
JEANNE
Permission to Purchase and Construct: Steven Shaen Carter Veterinary is purchasing
Lot#3, Jepperson Subdivision. At his convenience he would like to construct a
Veterinary Hospital to include the right for small animal grooming and boarding, an
exercising yard for dogs and two outside livestock pens for horses. This permission letter
is to counter and amend paragraph 4-B (See Attachment) of the Conditions and
Restrictions of the Covenants, Conditions & Restrictions for the Jepperson Subdivision.
This does not change or amend any other part of the Covenants, Conditions and
Restrictions for the Jepperson Subdivision.
NOTE:
IN WITNESS WHEREOF, THE PARTIES set their hands this ~ day of
~ 2003.
STATE OF WYOMING ]
l
COUNTY OF LINCOLN [
'.i VICKIE J JEPPERsO~tIb~'~!VkET
, ' t,INCOT_N COUNTY CLERK
89q380 03OCT 13 eH 2:09
. ,.:c-'-3.,'',-S;''t ~' ,JEANNE
PR%AGE 3 63 ,;4EiY,..MER ..-:r-,
The for, egoing instrument was acknowledged before me by common, this
day
WITNESS MY HAND AND OFFICIAL SEAL.
Lincoln I~ Wyoming il
. ~y Commmsion~pire~Expires March 18 2005
My commission Expires:
This serves to correct that certain document reocrded October 10, 2003 in Book
538PR on page 293 of the records of the Lincoln County Clerk tO, include Attachment
which was inadvertently omitted.
364
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
JEPPERSON SUBDIVISION
THAYNE WYOMING
INDEX
365
GOVERNING BOARD ...................................... PAGE
DEVELOPMENTAL USE .................................... PAGE
IMPROVEMENTS ......................................... PAGE
Ownership .......................................
Building approvals ..............................
Heights & Setbacks ..............................
Construction ....................................
CONDITIONS & RESTRICTIONS .................... , ....... PAGE
Surface uses ....................................
Animals .........................................
Storage ..... , ...................................
Snow Removal ............................... · ..... PAGE
Firearms ........................................ .
Advertising ..................... ~ ...............
1
2
2
5
UTILITIES ............................................ PAGE 5
Water. '
Electricity & Telephone ......................... PAGE 6
Sanitary Systems
Garbage ...................................... '.2..
Roads PAGE '6
Assessments ......................... , ........... PAGE~7
Insurances ...................................... PAGE 8
Attorney's Fees
COVENANTS, CONDITIONS AND RESTRICTIONS FOR GOVERNING
JEPPERSON SUBDIVISION
(A Commercial, Low Impact Light Industrial, Multi-Family
Sub Division within Lincoln County)
WtIE~, LESTER K. and VICKIE J. JEPPERSON are the sole
Owners in common of JEPPERSON SUBDIVISION as the same
appears as part of the described notice of Purchasers
Interest of record in the office of the Clerk of Lincoln
CoUnty and as described and shown on the plat of record in
the said office for JEPPERSON SUBDIVISION with Lincoln
County.
WqtEREAS, the Undersigned desires to place certain
Covenants, Conditions, and Restrictions on said Lots for
development in Lincoln County, Wyoming, for the benefit and
protections of the Undersigned and those purchasing Lots
within said JEPPERSON SUBDIVISION.
WHEREAS, THE UNDERSIGNED DESIRES that this instrument
shall define the' Covenants, Conditions, Restrictions,
assessments, charges and liens contained or provided for in
this Declaration upon said Lots and shall be incorporated
into the deeds and contracts to persons purchasing Lots in
said Subdivision with said Covenants thereby intended to
apply to each Lot and to run with'the land thru subsequent
transactions. · '
NOW, THEREFORE, KNOW ALL MEN BY TttESE PRESENTS that all
Lots in the JEPPERSON SUBDIVISION, above, described are
subject to the following listed Covenants, Conditions, and
Restrictions.
1. GOVERNING BOARD: Lester .K. and Vickie J. Jepperson
are the sole Governing Board for the JEPPERSON SUBDIVISION
for the purpose of developing the JEPPERSON SUBDIVISION and
for the purpose of enhancing and protection of the value,
desirability, and attractiveness of the real property and
every part thereof. Lot Owners may advise the Governing
Board on matters that concern their health, safety, welfare,
or business enrichment singularly or concurrently, directly,
or thru an appointed representative, they shall be in
writing (2 copies) and signed by each Owner favoring the
stated proposals or suggestions. A decision shall be
rendered and returned within 60 days and said decision shall
be binding in the future to all Parties- as a reaffirmation
or a change to our Covenants, Conditions, and Restrictions.
A change of Covenants, Conditions, and Restrictions may
occur only as a result of approval by a simple majority of
Lot Owners based on one vote per Lot owned. It is the
express wish ofthe Developers that-JEPPERSON SUBDIVISION
remain a low density, Commercial, Light Industrial, Multi
Family Development with a primary concern for maintaining
COVENANTS/CONDITIONS/RESTRICTIONS
JEPPERSON SUBDIVISION
Page 2
367
environmental quality.
At such time as the Developers are no longer property
owners within the JEPPERSON SUBDIVISION then the Developer
may, under those circumstances or at their discretion,
establish a Home Owners Association based on voting rights
of One (1) voter per Lot owned within the JEPPERSON
SUBDIVISION.
At such a time as Lester K. or Vickie J. Jepperson
choose to relinquish their rights as the sole Governing
Board or at the time of their demise the right of governing
will then relinquish to the survivor whichever one it should
be. At the time of demise of both parties the right of
governing will then relinquish to a Three (3) Person Board
which shall be voted upon by said Lot Owners and be solely
contained within the Owners of the Lots within the JEPPERSON
SUBDIVISION. If. all Lots in said Subdivision are not sold,
then unsold Lots becom~ property of the Jepperson's Heirs.
At that time the Governing Board will be selected of the
then Owners of said Subdivision.
HOWEVER, until such time as the Governing Board may
establish an Owner's Association, regular appointed meetings
of the Board may not be an occurrence unless such meetings
may be specifically requested by Fifty-one (51%) Percent of
the Lot Owners within the JEPPERSON SUBDIVISION.
2. DEVELOPMENTAL USE: All Lots in the JEPPERSON
SUBDIVISION shall be used within the laws and regulations of
Lincoln County, Wyoming for Commercial, Low Impact Light
Industrial, and Multi Family development.
3. IMPROVEMENTS: All improvements placed or constructed
upon the premises shall be in strict compliance with all
applicable building, zoning and health rules and regulations
of State, County and/or Governing Board. All improvements
shall be of new construction. All intended constructions
shall be brought before the Governing Board and must be
given written approval before construction begins.
A.) All Lots are limited to one Ownership or
Partnership.
B.) No Business or other structure shall be permitted
on any Lot without design and location approval (received in
writing) by the Governing Board or Home Owners Association
and a building permit as issued by Lincoln County.
COVENANTS/CONDITIONS/RESTRICTIONS
JEPPERSON SUBDIVISION
Page 3
3t 8
C.) No improvement or structure shall exceed Two (2)
stories in height above finished grade level, or more than
Thirty (30) feet in height.
D.) No living~ quarters such as tents, shacks, or
trailers shall be permitted. Only within a designed,
approved, storage compound or during construction shall such
structures be allowed and only with written approval of the
Board.
E.) No building shall be loCated within Ten (10) feet
of any property line and with at least Sixty (60) feet set-
b~ck at the road easement for parking purposes.
F.)~ As a general guide to Lot Owners, ·it is required
that structures constructed on any Lot, whether~ for
Commercial use of storage or shelters, be of good
architectural style with consideration· given to the
surrounding environment ~f mountains, forest and farm lands.
It is not the Developers desire to discourage individuality
unless individuality were to create an obvious conflict with
the surrounding environment or be of a nature as to be
considered objectionable by adjoining Property Owners. It is
further the desire of the Developers that the structures on
any one Lot show a degree of harmony to one another both in
styling and in color.
G.) Any building Permitted to be constructed within the
JEPPERSON SUBDIVISION shall have exterior constructions
completed in less than Twelve (12) months from the time of
beginning. Interior completion shall beat the option of the
Owner.
H.) No structure on any Lot, whether commercial or
storage, shall be permitted to be in a state of disrepair.
All structures shall be properly maintained as any prudent
Property Owner would normally do. Should the Governing Board
or Home Owner's Association find a Lot or structure
objectionable due to disrepair, disarray, or neglect, the
owner of said Lot or structures shall take prompt actions to
repair the same. Written notice shall be given at time of
complaint and a Ten (10) day Notice' of the disarray or
neglect will be given; a Thirty (30) day limit for proposed
cure of disrepair or neglect shall be responded to the
Governing Board or Home Owner's Association. In the event of
no response or failure to cure the Governing Board or Home
Owner's Association may rePair and/or correct the neglect or
disarray assessing said cost as a lien on said Lot.
COVENANTS / COND I TIONS / RESTILI CT IONS
JEPPERSON SUBDIVISION
Page 4
I.) Trees or shrubs shall be planted as an agricultural
buffer by the Developer at the west of each Lot. It shall be
the responsibility of the Lot Owner to water and maintain
each tree or Shrub at the Lot Owners cost.
It is the Developers intent to protect property values
within the Subdivision thru controlled development. No
development shall be allowed to occur on any Lot which thru
design, construction, or maintenance might depreciate
adjoining properties. The Developers desire that all Lots
within the JEPPERSON SUBDIVISION be well planned,
constructed and maintained and that there be no waste
thereof. It is intended that these Covenants, Conditions and
Restrictions be of a protective nature rather than a
prohibitive nature, protective both toward the investment of
Lot Owners and toward the natural environment.
4. CONDITIONS AND RESTRICTIONS (GENERAL):
A.) No gas or oil drilling or mining, gravel or quarry
operations of any kind shall be permitted on any Lotl No
offensive activity or condition shall be created or
permitted to exist on any Lot which may be or become an
annoyance or nuisance to adjacent Property or Business
Owners.
B.) No quartering, raising, or pasturing of livestock
shall be permitted in said Subdivisionl Pets will be allowed
only with - a written agreement between the Governing Board,
Lot Owner, and Lessee should one be involved. All pets shall
be kept on a leash and cleaned up after in the instances
where they are allowed. Complaints by other Lot Owners shall
be given in writing to the Governing Board, and a written
reprimand shall then be given to the Pet Owner. At the time
of Three (3) written reprimands the Pet Owner shall no
longer be able to keep such pet on premises. Loud barking or
vicious pets shall not be allowed. Proper opaque fences
shall be required to surround any befitting housing for such
pets.
C.) NO Lot shall be resubdivided.
D.) Storage of' Vehicles, machinery, or equipment
especially of a construction kind shall either be within a
shelter or in a neat opaque fenced area. The Governing 'Board
or Home Owner's Association must approve all such areas in
writing.
E.) Obstructing Common Areas (Steets) . Owners shall not
COVENANTS/CONDITIONS/RESTRICTIONS
JEPPERSON SUBDIVISION
Page 5
370
obstruct Common Areas and Driveways. Owners shall not place
or store anything within the Streets.
F.) Snow Removal on individually owned Lots shall be
the sole responsibility of the Lot Owner. You will be
totally responsible for the removal within your Lot and
driveway. Snow removal on the roads shall be taken care of
within the provisions of the Assessments of the JEPPERSON
SUBDIVISION and shall be defined under "Utilities" (Road
Section)
G.) No Fireworks: The discharge
firecrackers or fireworks is forbidden.
of firearms',
H.) Advertising of Businesses are encouraged with
regulations to size of signs, height of billboards, and
lighting. Approval must be received from the Governing Board
in writing before signs are placed. An area will be set
aside for a Subdivisi6n Advertisement Sign. Each Lot Owner
will be responsible for their portion of the sign and upkeep
of said sign. Such regulation to be determined by the
Governing Board or Home Owner's Association and may be
modified as the Board or Association may direct from time to
time.
5. UTILITIES:
A.) WATER: Water will be provided by a deep well
located within the Subdivision. Distribution of water from
said well shall be'Constructed by the Developer to the Lot
lines. A one 'time fee for connection and hook up shall be at
the owner's expense. The owner will be required to install a
water · meter of a kind that is specified .by the Developer.
Each consumer shall be billed for the water used,
proportionate shares according to usage of the costs of
repair, electrical, and other maintenance costs that must be
apportioned out to the shared usage. These costs will be
included in your biannual assessments. Water usage is for
domestic water only.
Water as provided by the Developer shall not-be used
for irrigation nor the filling of streams', lakes or ponds as
they may not be constructed by Lot Owners.
Lot Owners are not required to use water as is provided
by the Developers and may choose to, at their own expense,
and as permitted by County, State, and Federal regulation,
construct their own seperate water system. However, in the
event that Lot Owners should choose to construct their own
COVENANTS/CONDITIONS/RESTRICTIONS
JEPPERSON SUBDIVISION
Page 6
371
water system, no. exposed, above ground storage or pumping is
allowed. No allowance will be made for their non-usage of
the deep well system.
The well and distribution system shall automatically
become 'the undivided property of the Lot Owners served,
their heirs, and assigns. From the time ~the above mentioned
appurtenances are turned over to the Home .Owner's
Association, the maintenance and costs thereof shall be at
the discretion and responsibility of the Lot Owners served
and the Developers shall not be held liable thereafter.
Initially the Governing Board will administer the system,
then the Home Owner's Association, or a committee
established under their direction to oversee and .administer.
B.) ELECTRICITY AND TELEPHONE: Access · to 'these
utilities shall be provided by the Developer to'the Lot'
line. A one time fee will be charged by the Developer ~t'the
time of hook up for accessibility to both the electricity
and telephone. Any costs of the required improvements.will
be borne by the Lot Owner All repair from Within the Lot
distribution, as well as the installation,~ shall.be the
responsibility of the Lot Owner. These will be constructed
in agreement and standard between the cOnsumer.and the
pUblic utilities companies. Above ground transmission lines
or any nature upon Lots within the JEPPERSON SUBDIVISION
shall not.be allowed.
C.) SANITARY SYSTEM: Each sewage system is the
responsibility of the individual Property Owner and shall be
installed at his expense and shall be constructed in
conformity with the laws of the State of Wyomig. No outside
collection or disposal facilities shall be permitted either
on a permanent or temporary basis.
D.) GARBAGE: All trash' and waste shall be kept in
sanitary containers. All garbage shall be stored in sanitary
containers until hauled from the premises. No outside
burning of any trash or excess materials shall be allowed at
any time. Garbage removal from the JEPPERSON SUBDIVISION is
the sole responsibility of the Lot Owner. Fees incurred for
this removal shall be borne by the individual Property or
Lot Owner.
E.) ROADS: The Developer shall provide roadway access
to all Lots within the Subdivision. The roadway will be
provided by the Developer, though private, shall be
constructed to meet County standards. Maintenance of the
roadway is provided by assessments and shall be the
COVENANTS/CONDITIONS/RESTRICTIONS
JEPPERSON SUBDIVISION
Page 7
372
responsibility of the
Association.
Governing Board or Home Owner's
Private rOadways constructed by Developers, as shown on
the final' plat of the JEPPERSON SUBDIVISION, shall be
considered to be permanent easements. Easements shall be of
the length, width and circumference as described on the
final plat .for the JEPPERSON SUBDIVISION.
Snow removal on the Roadway shall be provided-for
within the Assessments and shall be the responsibility of
the Governing Board through the assessments received. Snow
removal on driveways and parking areas to businesses are the
sole responsibility of the Property or Business Owner.
Driveways from the private roadway shall be-'constructed
and maintained solely at the expense of the individual Lot
Owner. Said driveways shall be constructed only .after
written approval of the Governing Board upon submission of
sight plans. Driveways shall be constructed in such a manner
so as to not create a hazard or damage to adjacent Property
Owners or roadways thru dust or drainage.
Every Owner shall have a right and an easement of
enjoyment in and to the. roads. Such easement shall be
appurtenant to the respective Lot or Lots for which each
Owner holds such interest and shall pass with the title to
every Lot.
6. ASSESSMENTS: Assessments on Lots within the
JEPPERSON SUBDIVISION are explicitly made for the use of
maintenance, extended services, snow removal, road repairs,
well upkeep, and reasonable improvements within the
Subdivision. It is not the intent of the Developers to use
the above stated assessments for personal profit.
A.) Assessments shall be made on a biannual basis and
become due on each March 1st and October 1st of every year.
Assessments to begin starting the first March 1st or October
1st after property has been purchased. Assessments shall be
at the discretion of the Developer until all Lots are sold.
At that time a meeting will be called-to address the fees
and come to a vote of Property Owners of the JEPPERSON
SUBDIVISION.
B.) Assessments not paid on or Thirty (30) days after
the date due will bear interest at the rate of (1 1/2%) per
month up to 18% per annum, at 'the discretion of the
Governing Board. All payments on account shall be first
COVEN~NTS/CONDITIONS/PdESTILICTIONS
JEPPERSON SUBDIVISION
Page 8
373
applied to interest or other charges and then to the
assessment payments in the order of when due (that is, the
oldest unpaid amounts shall be paid first). All biannual
assessments, together with interest, reasonable attorney's
fees and all costs and expenses incurred by the Governing
Board circumstances to the collection of such assessments,
shall be a charge upon the Lot involved and shall be a
continuing lien upon the Lot (including all improvements
thereon) for which the assessment was made, as well as the
personal obligation of each Owner, jointly and severably,
who had any interest or record in or to such lot at the time
the assessment became due or at any time thereafter.
C.) It .is expressly understood and agreed that costs
and fines for any violations of this Declaration or the
rules and regulations of the Governing Board may be assessed
against a Lot and against an Owner, for violations by that
Owner or by the Owner's tenants or invitees. The Governing
Board or Home Owner"s Association is empowered with
authority to assess reasonable fines for violation of these
Declarations of Covenants, Conditions and Restrictions.
D.) SUBORDINATION OF THE LIEN TO MORTGAGES:
The lien of the assessments provided for herein shall
be subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to
mortgage foreclosure shall extinguish the lien of such
assessments as to payments which became due prior to such
sale or transfer. No sale or transfer shall relieve such Lot
from liability for any assessments thereafter becoming due
or from the lien thereof.
7. INSURANCES: Liability insurance on unsold Lots shall
be obtained by. the Developer. At the time that the Lot is
sold both Liability, Casualty, and insuring his personal
property shall be the sole responsibility of the Property
Owner.
8. SEVERABILITY: In the event that any one or more of
the Covenants, Conditions or Restrictions herein set forth
shall be held by any Court of competent jurisdiction to be
null and void, all remaining Covenants, Conditions and
Restrictions set forth herein shall continue unimpaired, and
remain in full force and effect.
9. ATTORNEY'S FEES AND COURT COSTS: In any legal action
taken by the Undersigned or any Owner against any other
COVENANTS/CONDITIONS/RESTRICTIONS
JEPPERSON SUBDIVISION
Page 9
Owner for a violation of any of these provisions, and if it
is determined by any Court of competent jurisdiction that
the offending party did violate the same, he shall have
assessed against him by such Court, a reasonable.sum for the
succesSful Party's Attorney's fees and Court costs.
Amending, changing or nullification of these Covenants
will be solely at the discretions and the right'of the
Developers until such time as the Developers may elect to
create an Owner's Association. Any amendment, change' or
nullification of these Covenants shall be considered to be
in effect from the time of recording and shall be applicable
to all Lots within the JEPPERSON SUBDIVISION.
Duration or Termination of Covenants, Conditions and
RestrictiOns: The foregoing Covenants, Conditions and
Restrictions will terminate Twenty-five (25) years from the
date of recordation. .However, the Governing Board or Home
Owner's Association, if they so desire, may extend the
effective period as they desire.
This instrument of Covenants, Conditions
Restrictions shall be binding on JEPPERSON SUBDIVISION.
and
IN WITNESS WHEREOF ,
/'? day of
T~R PARTIES set their hands this
, 1995.
VI~KiE J. JEPPERSON ~ .
STATE OF WYOMING ]
] SS.
COUNTY OF LINCOLN ]
The foregoing instrument was acknowledged before me by
LESTER K. JEPPERSON and VICKIE J.. JEPPERSON, as tenants in
common, this. /~ day of ~~Jt~ , 1995.
My Commission Expires:
and official seal.
NOTAN/Z PUBLIC