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HomeMy WebLinkAbout896464 RECEIVED LINCOLN COUNTY CLERK DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SUNNY FLATS FAMILY EXEMPTION SUBDIVISION j ~_ A N t,~j,_F '¢,~, ,' ,-,u. ~ ~, t' ~ ~ F ~ THIS DECLARATION is made as of t ~-_/ c~/ ,2003', by M. Keith Hughes and Tracy Ann Hughes, hereinafter re£erred to ~s "declarant", the owner of the following described real property located in the Fairview area of Lincoln County, wyoming ("the property"): SUNNY FLATS FAMILY EXEMPTION SUBDIVISION 0%, NOW, THEREFORE, declarant hereby declares that all of the property described shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpOse of protecting the value and desirability of and which shall run with the property and be binding on all pm'ties having any right, title or interest in the property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I USE AND RESTRICTIVE COVENANTS Section 1. . LAND CLASSIFICATION. The property shall be used exclusively as single-family residential property with limited agricultural use. Section 2. apply to the property: GENERAL RESTRICTIONS. The following general restrictions shall (a) The property shall be used exclusively for single-family residences, and no more than one family (including servants and transient guests) shall occupy such residence; provided, however, that nothing in this subParagraph (a) shall be deemed to prevent the leasing of any portion of the property from time to time by the owner thereof. (b) The property and all improvements from time to time located thereon, shall be maintained by the owner thereof in good condition and repah', and in such manner as not to create a fire hazard, all at such owner's sole cost and expense. 1 (c) 540 All garbage and trash shall be placed and kept in covered containers, which shall be maintained so as not to be visible from neighboring property. Each owner shall provide for the collection and disposal of garbage and trash not less than once each week. The cost of garbage and trash collection shall be performed by or paid by each owner in accordance with the billing of the collector. BURNING OF GARBAGE SHALL NOT BE ALLOWED ON THE PREMISES. (d) Property may be used for limited business purposes and light agricultural production. StOrage of heavy equipment or farrn implements shall be limited to that which can be used for a small agricultural operation or small construction business. 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 on the property. Section 2. IMPROVEMENTS ALLOWED. No improvements shall be constructed on the property 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 storage, shops or incidental building(s) to be used to house vehicles, equipment or supplies. Section 3. (a) Building Codes. DESIGN CHARACTER. All buildings must comply with the State of Wyoming, and Lincoln County (b) No mobile homes, manufactured homes, or pre-fabricated homes shall be constructed on the premises. Section (a) BUILDING DESIGN AND SETBACKS. The minimum floor area of any single-family residence shall be not less than eleven hundred (1,100) square feet at ground level, exclusive of a garage, carport, or porches or decks and other outbuildings. 9 (b) (c) Solar collectors may be of any consu-uction, materials or pitch required for efficient operation, but they shall not be placed on any structure in a manner which causes objectionable glare to any neighboring resident. Solar collectors shall be integrated into the structure of a residence, garage, carport, or other accessory building and shall not be free standing. No building shall be located nearer than thirty (30) feet from any exterior property line. (d) (¢) (f) No structure shah be erected, altered, placed or permitted to remain on the property, which shall exceed either two stories in height or twenty-eight feet maximum. Height shall be measured from the natural grade on the highest side of the improvement to the highest point of the roof or any projection therefrom, including chimneys. All electric, telephone, sewer, water, and all of the utility installations and connections located on the property shall be placed under the ground. Fuel tanks can be constructed on the property as long as they are no larger than 500 gallons in storage. No water tank~, or similar storage facilities shall be constructed on the property. ~ (g) There shall be no exterior lighting of any sort either installed or maintained, the light source of which is visible from the neighboring property with the exception of a single porch light, and all exterior lighting shall be incandescent lighting. (h) All construction, reconsU-uction, refinishing, alterations and excavations shall proceed diligently from the date of commencement and shall be completed within twelve (12) months from the 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 national calamities. 08 464 642 ARTICLE III MISCELLANEOUS PROVISIONS Section 1. WATER AND SEWER SYSTEMS. EaCh property owner is responsible to provide a private water system using a well and related structures. Each residential building shall be connected to a private sewage disposal system at the owner's sole expense, and such sewage disposal system shall conform to all.applicable standards of the State of Wyoming, LincOln County or other regulatory agency. No out-door toilets shall be permitted. All water and sewer systems shall be maintained so as to not constitute a nuisance to the adjoining lots. Section 2. (a) HUNTING, PETS. The following restrictions shall apply: N© hunting of wildlife of any sort will be allowed on the property. (b) All pets will be controlled at all times and will be fenced when not under the owner's immediate verbal command. Section 3. LOT DIVISION. No separate lot or parcel of land within the property shall be divided or subdivided in any way.. ARTICLE IV GENERAL PROVISIONS Section 1. ENFORCEMENT. Each grantee of any lot of the land within the property 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 of any portion of the property to which these covenants apply 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 declarationl Failure by declarant or by any owner to enforce any covenant, restriction, condition, or reservation contained herein shall not be deemed a waiver of the right to do so thereafter. A breach of any restriction, condition or covenant may be joined, abated or remedied by appropriate proceedings. In addition to any such relief granted, the declarant or 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 643 subsequent owner of said property shall be bound by the sa{d conditions, covenants and restrictions whether obtained by foreclosure or at a trustee sale or otherwise. Section 2. DEFINITION OF NUISANCE. Every act or omission whereby any restriction, condition or covenant in this declaration is violated in whole or in pall' is declared to be and shall constitute a nuisance and may be abated by the declarant or her successors in interest or by any affected lot owner and such remedy shall be deemed cumulative and not exclusive. Section 3. SEVERABILITY. 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 ful1. force and effect. '. Section 4. DURATION. These covenants, conditions and restrictions are to run with the land and shall be binding on atl owners of any and all lands within the property until'July 1, 2011, at Which time said covenants shall be automatically extended for successive periods of twenty (20) years, unless it is agreed within ninety (90) days before or after July 1, 2011, or any subsequent July 1, by the owners of a majority of the lots or parcels within the property to change any of the provisions of this declaration in Whole or in part. Any change or modification in the provisions of this declaration shall be valid if made within the time specified above and if signed by the owners of a majority of the lots or parcels within the property and recorded in the Office of the County Recorder of Lincoln County, Wyoming, such modification or change to be effective from the date of recording. Any modification or change to this declaration shall then be binding for successive periods of twenty (20) years from July 1 of the year modified unless modified again according to the terrns of this paragraPh. Section 5. GOVERNING LAW. 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 fh'st above written. M. Keith Hughes 0886464 STATE OF WYOMING · · SS. COUNTY OF LINCOLN · The foregoing Declaration of Covenants, Conditions and 1;[estrictions w/~s acknowledged before me by M. Keith Hughes and Tracy Ann Hughes this _,~c~ day of .U_~,_ , ,2003. Witness my hand and official seal. My commission expires: . }g. ~10t9_.~ NOTARY PUBLIC · ; ~ My Comml~n ~]ms ~ous/~ 9~ ;~