HomeMy WebLinkAbout895937 PROTECTIVE 7dqD RFq'rRICTIVE COVENM~TS
.~ .... ~ FOR CAMP CREEK SUBDIVisiON;::
]~OO PRP~iGE 9 1 ~ LINCOLN- COUNTY,. WYOMING-
RECEIVED
LIN'COLN COUNTY(
oF 9 5 9 3 7 O3 DFC I 5 Pi: 12
3:2fi
The real property, here±nabove described, is sub]ac:ed to tnt
coven g &O ,,hE ~.,~f
restrictions and charges herein contained to insure the best 'use and the most !<~!~,~M£RER. WVOt
appropriate development and improvement DE each building site; to protect the
o~ners o~ building sites against such lmproper use of surrounding buildlng sites
as uould depreeiNte the 9alue DE their property; ED guard against the eremtion
thereon o~.poOrly designed or.proportioned structures, and structures bu±lt of
Improper or unsuitable materials; to obtain harmonious color schemes, to Insure
the highest and bast development of said property; to encourage and secure the
erection of attractive homes thereon, with appropriate locasion thereof on build-
ing sites; to prevent haphazard and inharqnonious improvement of building sites;
to secure and .maintain proper setbacks from streets, and adequate free spaces
between structures; and in general to adequately provide for a high type and
'quality of improvements upon said property, and thereby enhance the values of
investments made by purchasers of building sites therein.
DURATION OF COVENANTS
Each and all of said restrictions, conditions, covenants and agreements
shall continue in full force and effect and be binding until the last day of
February, 2016, upon which date same shall be automatically continued for successive
periods of ten years each unless it is agreed by the vote of the then record owners
of a majority of the property to terminate and do away with same; provided, bow-
ever, that at any time a~ter hatch i, 2016, these restrictions, conditions, covenants
and agreements may be al;tared or modified by the vote of the then record o~ers
of a majority of the property. J~y votes taken under this section shall be
reflected in a proper notice filed with the Office of the County Clerk for Lincoln
County, lqyomlng.
PROPERSmf SUBOECT TO THESE COVENANTS
No property other than that described above shall be deemed subject to'
these protective covenants unless and until specifically made sub~ect thereto.
The declaCant may, from time to time, subject additional property to the
restrictions, covenants and charges herein set forth by appropriate reference
hereto. Lots designated as commercial lots are exempted from these restrictions
and covenants. '
·
ARf~IITEcTuP~kL SUPERVISIHG CO~IITTEE
An Architectural Supervising Comm'lttee consiatin'g of three members
been created by the undersigned and the undersigned may fill vacancies in th
committee and remove members thereof at its pleasure; provided, however, tha~
when ninety percent of the lots In said' tract have been sold (either deeded or
'sold under contract of sale) thereafter; upon written designation by eighty-five
percent of those who are owners (either under contract of purchase or in fee) of
lots In said t. ract, of some per. son 6r persons whom such owners desire to have made
a member or members of said Committee, the undersigned will appoint such person
or persons on the Committee and if necessary will remove from said Committee
existing members thereof in order to crea..te vacancies for the new appointments;
provided further, however, that one person designated by the undersigned shall
always remain ~ member of said Committee if undersigned so desires. On the date
of these covenants, the Committee shall consist of i~J.~_~:e. Mor~i~o~_ We~ B'tsch, and
K. elly Thoman. ..
The functions of said Con,nlttee shall be, in addition to the functions
elsewhere ii] this Declaration, set forth to pass upon approve or reject any plane
or specifications for structures to be erected on lot; in s~ld tract so that all
structures shall conform to the restrictions and general plans of the undersigned
ond of the. Committee for the improvement and development of the whole tract.
thing in this paragraph shall be construed as authorizing or empowering the
Committee to change or waive any restrictions set forth in this Declaration except
'as herein specifi.cally provided.
The Committee may act by any t~.~o of Its members and any authorization,
approval or power..made by the Committee must be in writing signed by at least two
members thereof. .A majority of the Committee ma)' designate a .representative to
a.ct for it. In the:event'.the Committee, or its designated representative, fails
to approve or disapprov.~ w~thin thirty (30) days after plans and-specifications
have been submitted to i'~, or.'ih any event, if Do suit to enjoin' the construction
has been commenced prior to. ~he.completion thereof, approval will. not be required
and the related covenants shall'be.deemed to have been fully complied with.
Building site shall mean any'lo.t or portion thereof, or any plot con-
ta±nin~ctwo o! more contiguous lots, or parts of two or more cont~ .... nus lots in
under 1 ~ 'd ling may be erected in conformance
wlch the requirements of these covenants.
ARCHITECTURAL CONTROL
No building shall be erected, p.~aced or altered on an7 lot uncll [he
construction plans and specifications and a plan showing the location of the
structure have been approved by the Architectural 9upervising Committee as to
quality of workmanship and materials, harmony of external design with existing
structures, and as to location with respect to topography and finish grade
elevation. N6 fence or wa~l that limits vision shall be erected, placed or
altered on any lot or building site or sites nearer to any street than the
minimum building setback line, of that street, except retaining wails. Fences
will be allowed a maximum of six (6) fee£ in height. Before any fence can be
erected, the type and design must be approved by the Architectural Supervising
Committee. Any hedge placed on any loc or huiidiog site or sites nearer to
an)' street~ than the minimum building setback line shall be maintaioed ak a
height of not more than three (3) feet. Trees or hedges which may be:Come a
safety hazard or impair or obstruct the view from other lots may ba ordered by
the Comnl~tee to be cut back'or removed. In ca
stitute suit or suits to com~-~ - se it becomes necessary to ih-
t p~& a grantee to
hedges the grantee agrees to ~a~ ...... cut back or remove such trees or
attorneys as may be fixed by the court torney fees for the plaintiff's
No structure or tower for the purpose of accommodating antennas either
for radio, television, "Ham
or dish type receivers shallRadi°'' receiving and broadcasting, wind generatin
any residence or on any otherbe constructed or placed on any of said lots or
structure located on any of said lot8 without the
written approval as to location, height and design thereof first having been
Dbtained from the Architectural Supervising Committee.
LAND USE A/fO BUILDING TYPE
All building ai~es comprising any of the above described property shall
be known and described aa residentla
b~ used except for residential ~ i building sites, and no butldin
p±aced or Permitted to remain, on.any lot ~ ~ ~ ~ ~ ~ ~i~
purposes, u n h~}l ~e erect d
o e n uzngie family dwelling,
not to exceed two stories in height, and appurtenant out buildings or detached
private garages.
DWELLIN~ COST, QUALITY AND SIZE
No dwelling' shall be erected on any lot or building site or sites at
an appraised f~lr market value o'f less than twen
square foot based upon cost levels prevailing onfy-five dollars ($25.00) per
, the date these covenants are
recorded it being the intention and purpose of the covenants to assure that ali
dwellings shall be of a quality of workmanship and materials substantially the
same or better than that which can be produced on the date these covenants are
rec°rded at th'e:minlmum cost stared herein for the minimum permitted dwelling
size. The ground floor area of a .
open porch, basement a~ ~ ~ ny ~aln ytructu?e, exclusive of a one-stet7
one-story si~,~ ..... -~.~ ~araga, shall oe not less than 900 square ~eet for
family d~e}~s~ ~amlly Swelling, nor les " a
, ~&&ng or more than one-story s than 750 square feet for a single-
Single w~de mobile homes will not be allowed as a dwelling unit in
the Subdivision. I'I.O.D. approveh double wide mobile homes wili be allowed if
they are placed on an approved permanent fohndation. All residential dwellings
must comply with all ~inco!n County ~' restrictions and ordinances and be
approved by the ~ Lincoln County Planner ,
- end"the Architectural
Supervising Cdmmittee, as well as must comply with al}"Onif0rm.Buildlng Codes.
' No no×'ious o~ o£fensive aeti - -
shall anything be done there ...... vtty shall ~e carried on uso
neighborhond ex~..~J v,, wn~cn may become = .... ~ " =ax ~oc, nor
.... r ..... u~u any property owner' ~= ~o~o~ance. or nuisance to ~h
- s do= ......... = nuzsance to the oth~% property
owners ebntinuous barking etc. the dog will be removed from the property.
No annoying light shall be emitted from any property ~hich is
reasonably bright or causes unreasonable glare; no anno
from an), proper~y which, is unreasonably loud. ana _ .ying. sound shall be emitted
property which is noxious or offensive to ot~ers= no oaor shall be emitted on any
HAZARDOUS ACTIVITIES
No activities shall be conducted on the properties and on improvement~
constructed on the properties which are or might be unsafe or h~zardous to any
person or property. Iqithout limiting the generality of the aforegoing,
· ; and no open fires shall be lighted or
permitted on any property except in a'contained barbecue unit while attended and
'in use for cooking purposes or within a safe and well-designed interior fireplace
or except such attended and ~ontained campfires or picnic fires and except such
controlled and attended fires required for clearin~ or maintenance of ~ha land.
VARIA~ICE
The Committee may authorize variances from eo
architectural provisions of th
side, floor area _ is Declaration t .- mp ante with an, of ho
tance such- Pl emen of 'Struet. : ' estrlctions 5-:
Vi ....... "= ~opography, na~ ..... '==' or slmll/r re~'. ~u nelght,
,..~,,-,,en~a~ considerations ma,.~.°bStruettons, hardshi.~ .... ~?on, when c/rcum-
-~king and muo~ k_ y tequzre. Such .... , r, aesthetic or en-
.~ ?:.,appr0ved "-?~zance must be evidenced in
granted, no Violation of the covenants, condl' '
ras r ctio contained i0n;
deemed to have occurred with respect to th .-
granted in this Declaration or any amendment thereof shall be
· The granting of such = .... e matter for which the variance was
~ ~anee shall not operate to waive any of the
terms and provisions of thli Declaration or of any amendment thereof for any
purpose except as to the particular lot' and Particular provisions hereof covered
by the variance, nor shall it affect in an), way the owner s obligation to comply
with all governmental laws and regulations affecting the ~wner's use of the
Premises; including, but not limited to zoning ordinances and lot setback line
or requirements imposed by any governmengal authority.
?tON-LIABILITY OF. CO?~IITTEE
?/either the Committee nor any member thereof, nor its duly authorized
Committe~ respresentative shall be liable to any owner or owners fo~ any loss,
damage or Injury arising out of or in any way connected with the performance of
the Committee's duties hereunder, unless due to the willful misconduct or bad
faith of the Committee or Committee members. The Committee shall revie~ and
approve or dishpprove all plans submitted to i
alteration or addition, Soieiy on the basis oft for any proposed improvement,
aesthetic considerations and
t.he overall benefit or detriment which wo~ld result to the immediate vicinity.
and the Subdivision generally. The Corami~tee shsll take,:-~nto consideration
the aesthetic aspects of the architectural designs, placement of building,
landscapingl color scheme, exterior finishes and materials and similar features,
but shall not be'~esponsible for reviewing, nor shall its approval Of any plan
or design be deemed approval of, any plan
Structural or other safety or.conformance with building or o~her codesl'-'°~
~.. or design from the standpoint
NON-LIABILITY OF SUBDIVIDERS
Neither the subdivider nor any member thereof, nor it
representatives shall be liable to any OWner, owners, erso s duly authorized
or any holdings thereof, for an . P ns
Camp Creek Subdlvisi .... Y loss, damage or in'ur- ' °rPers°nal proper~y
owner,. Kelly *L~ ~-, after the conveyane~ o= · .Y' ~n any property in
~ a,,um~n - · ~ a lot from the original
Each owner of any .tract or lot in this Subdivision must provide for
adequate draining across thJ::'area where any driveway connects with 'the main
roads in this Subdivision.
SEWERAGE DISPOSAL SYSTEFIS
The sewerage disposal system a;£'~lowed on these lot~ or tracts shall
be approved as to capacity, design and location by the Building
Department and the State of Wyoming. Ail such sys[ems shall be installed by
the individual tract owner at their own expense and must comply with the
public health standards.
EROSION CONTROL AND EXISTING HATURA_L DRAINAGE
O~ners of land in the Subdivision shall follow proper land management
procedures to prevent .overgrazing or erosion of the soil. The Declarant or its
successor in interest shall have the exclusive right to determine When over-
grazing or erosion is threatened by the a~ts of property owners. If the Declarant
or its successor in interest determines g='azing or erdsion is threatened, it
may order the property owne~ to limit or cease his activities. Failure to obey
such an order will be a breach Of this covenant.
· Also, upon comple~ion of any construction, any areas disturbed thereby,
shall immediately be planted with suitable ground cover, Within the first full
year of o~nership, the original purchaser will bee~couraged to plan~ su~hble ~rees.
. Any existing na~urai.drainage patterns shall not be altered or changed
unless such alteration or change~ are approved by the Architectural Supervising
Committee.
~RAVEL EXCAVATIOH
Excavation for stone, gravel or earth on any lot is prohibited.fo9 ~cOmmercial use.
Excavation for construction purposes is permitted but only after construction has
cormnenced and during the construction period. The Declarant reserves, for the
construction period, the right to 'remove stone, gravel or earth for construction
and maintenance of roads in the Subdivision.
LIVESTOCK
Animals, livestock and poultry'may be kept, raised and bred only for
family use and enjoyment. All livestock shall be co .
%.r.en~losure which i~ sufficient t .......... nfined by a fence, corral
animals live ' ~ ~=u~ain t~em. - .
· ,-. - stock, poultry ~s hereby prohibitedA!~.~°mmercia! activities relating
corrals that are pre~gn~i '~C~e~g .... ~nn~the. exception~f--the
No sign of any kind Shall be displayed to the public view on any lot
or building site or sites except one sign of not more than thirty-six inches by
thirty-six in'thcs advertising the property for sale or rent, or signs used by
a realist to advertise the property during the construction and'sales period.
Signs ldenEi~yin~ the lot owner or occupant are permitted.
CARBAGE AND REFUSE DISPOSAL - .
~lo portion of the Subdivision shall be used.or maintained as a dumping
ground for rubbish, trash, garbage or other waste. All such trash, garbage or
other waste shall be kept in sanitary containers which are to be housed within
enclosures or recessed in ~he ground. All equipment for sdorage or disposal
of such material shall be kept in a clean and sanitary condition. The burning
of garbage or trash in incinerators is prohibited, al~d all containers shall be
secure against spillage.
PROPERT~f TO B.~, HAINTAIFIED
Each lot at all times shall be kept in a clean, slghclyl and ~holesome
condition. Ho trash, li~ter, Junk, boxes, containers, bottles, cans. implements,
machinery, lumber or other building materials shall be permitted to remain ex~
posed upon any loc so they are Visible from any neighboring lot, street, or
other except as necessary during the period of construction. In the event any
s~ructure is destroyed either wholly or Partially by fire or any other casualty,
said structure shall be. promptly rebuilt or remodeled to confo[n, to this Declaration
or all remaining portions of the structure, including the foundations, and all
debris sha!:l~_~romptly removed from the pro~
TE%~ 0RARY STRUCTURES
No structure of a temporary character, trailer, basement, tent, shack,
garage, barn or. other outbuilding shall be used on any lot or building site or
sites ac any time as a residence for more.than six months.
EASEt~NTS
An easement has been and is hereby created, established and reserved
as shown upon said plat for the construction, maintenance, repair and replacement
.of any and all utilities and drainage facilities necessary to serve all users in
said addition.
EHFORCE~ENT
Enforcement shall be by proceedings in law or equity against any person
or persons violating or attempting to violate any covenant', or to restrain
violation or to. recover damages.
SEVERABILITY
Invalidation of any one of these covenants by Judgment or court order
shall in no way affect any of the other provisions, which shall remain in full
force and effect.
IN WItlESS WHEREOF,
executed this 13th
day of
has caused these presents to be
DeCember, 2003
PETERNAL RANCHES, LLC
~:~ ' ~ranEor
STATE OF. Wyoming
CObq~TY OF Lincoln
)
) ss.
,)
of
The forego'lng, instrument was acknowledged before me this !3Ch day
£
My Commission Expires:
December, .2003 by ~Kelly Ann Peternal Thoman.
Notary Public
February 2, 2006
S~L=U~-Y.4~O~L: Nor~ Pueuc --