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HomeMy WebLinkAbout896190 ,,"~o / - LIN RECF:t\/'ED ar-/4,/~6~ . COLN COUNTy CLERK DECLARATION OF COVENA~ ~~IONS AND RES-T:81~NS , LINCOLN. SECOND ADDITION TO THE TOWN OF '- ' AFTON, LINCOLN COUNTY, ~OMING THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration"), made by W. Tom Davis, Trustee of the W. Tom Davis Revocable Trust dated March 10, 1987 (,'Davis"),. and Corey R. Miles and Michelle Miles, husband and wife ("Miles"), hereinafter referred to jointly as "declarant". Davis is the owner of Lots 12, 13, 15, 16, and 17, and Miles is the owner of Lot 14, in the Lincoln Second Addition to the Town of Alton, Lincoln County, Wyoming, according to the official plat filed in the office of the Lincoln County Clerk in Kemmerer, Wyoming, and Which is hereinafter referred to as "the properties" or "the lots" or "the Addition". NOW, THEREFORE, declarant hereby declares that all of the properties described shall be held, sold' and conveyed subject to the folloWing covenants, conditions, and restrictions which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. Those ordinances of the Town of Afton, Wyoming, not inconsistent with this Declaration are incorPorated herein by this reference. ARTICLE I USE AND RESTRICTIVE COVENANTS Section 1 LAND CLASSIFICATION. All land within the Addition is hereby designated as single family residential property. Section 2. GENERAL RESTRICTIONS. The following general restrictions shall apply to all of the lots. .: (a): Each lot shall be used exclusively for single-family residential purposes, and no more than one family (including servants, and transient guests) shall occupy such single family residence; provided, however, that nothing in this subparagraph (a) shall be deemed to prevent the leasing of any lot from time to time by the owner thereof. 700 (b) Each lot and any and all improvements from time to time located thereon, shall be maintained by the owner thereof in goOd condition and repair, and in such manner as not to create a fire hazard, all at such owner's sole cost and expense. (c) No manufactured house, house trailer, mobile home, houses consisting of any metal floor joiSts or beams, or similar facility or structure shall be kept, placed or maintained upon any lot at any time. ARTICLE II STANDARDS AND RESTRICTIONS APPLICABLE TO CONSTRUCTION Section 1. GENERAL APPLICATION. The following standards and restrictions are applicable to the construction reconstruction, alteration and refinishing of any and all improvements from time to time existing upon the properties. Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the properties other than one single family dwelling to be occupied by the owner, his lessee, .guests and servants, garage, guest house for the use of guests and not for rent, and a storage building to be used to house vehicles, equipment or supplies. with the Town of Afton, State of Wyoming and' Lincoln County Building Codes. Section 3. BUILDING DESIGN. (a) The minimum floor area of any single family residence shall be not less than 1,200 square feet at ground level, exclusive of a garage, carport, or unenclosed porches or decks. Each residence must be constructed with an attached or nearby garage in which at least 2 automobiles can be parked. (b) All Construction, reconstruction, refinishing, alterations and excavations shall proceed diligently from the date of commencement and shall be completed within 12 months from tl~:date of commencement except for so long as such completion' is rendered impossible or would result in great hardship to the owner due to strikes, fires, national emergencies or natural calamities. 2 ARTICLE III MISCELLANEOUS PROVISIONS 701 Section 1. WATER AND SEWER SYSTEMS. Each structure designed for occupancy or use by human beings shall be connected to the water and sewer systems of the Town of Alton. SectiOn 2. LOT DIVISION. No lot within the Addition shall be divided 'in any way. ARTICLE IV GENERAL PROVISIONS Section 1. Each grantee of a lot of the Addition by acceptance of a deed or execution of a contract of purchase incorporating by reference this DeclaratiOn accepts the same, subject to all such conditions, covenants, and restrictions. Declarant or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by declarant or by any. owner to enforce any covenant, condition, restriction, or reservation contained herein shall not be deemed a 'waiver of the right to do so thereafter. A breach of any covenant, condition or restriction may be enjoined, abated or remedied by appropriate proceedings. In addition, if they prevail in such enforcement action, the declarant, owner or other party shall be entitled to recover their fees, costs, and expenses, including reasonable attorney's fees, from the party against whom enforcement action is brought. No such breach shall affect or impair the lien of any bona fide mortgage or deed of trust which shall have been given in good faith and for value; provided, however, that any subsequent owner of said property shall be bound by the said covenants, conditions, and restrictions whether obtained by foreclosure or at a trustee Sale or otherwise. Section 2. 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 "rh'ay be abated by the declarant of his successors in interest or by any affected lot owner and such remedy shall be deemed cumulative and not exclusive. 3 7O2 Section 3. Invalidation of any one of these covenants, conditions and restrictions, by judgment or court order shall not be deemed to affect other provisions of this Declaration which shall remain in full force and effect. section 4. All of the covenants, conditions and restrictions set forth in this Declaration shall continue to remain in full force and effect at all times against the lots in the Addition and the Owners thereof, subject to the right of amendment or modification provided for in this Section, for a term of twenty (20) years, after which time they shall automatically be extended for successive periods of twenty (20) years. This Declaration may be amended during the first twenty (20) year period by an instrument in writing signed by not less than the owners of at least 5 of the lots, and thereafter by an instrument in writing signed by at least 4 of the Lot Owners. An amendment becomes effective when the instrument is recorded in the Office of the County Clerk of Lincoln County, Wyoming. Section 5. 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. IN WITNESS WHEREOF declarant has executed this Declaration as of the day and year first above written. ~.Tom 6avis, :l-rustee Michelle Miles- 4 703. STATE OF WYOMING COUNTY OF LINCOLN SS. The foregoing Declaration of Covenants, Conditions and Restrictions was acknOwledged before me by W. Tom Davis, Trustee of the W. Tom Davis Revocable Trust dated March 10, 1987, this ~2¢ ,~_z day of December, 2003. Witness my hand and official seal. Saundra J. Merrill i Notary ?ubllc County o: t" '" T~" Stole of Lincoln '~?.,.~!: :'~.;:' Wyoming~ My Commission Expi;e,, ,,.~. ¢- ~' My commission expires: NO~'~RY P-U~LIC/ STATE OF WYOMING COUNTY OF LINCOLN SS.¸ The foregoing Declaration of Covenants, ConditiOns and Restrictions was acknowledged before me by Corey R. Miles and Michelle Miles, husband and wife, this ~/2 -e~ day of December, 2003. Witness my hand and official seal. ~ $oundroJ. ~errIlt . Notory Public My commission expires: 5