HomeMy WebLinkAbout896473 RECEIVED
LINCOLN COUNTY CLERK
8 9 6 N 7 3 oN ,JAN - 7 PM m: 00
DECLARATION OF
AND REST CTIONS
COUNTRY VISTA PHASE
This Declaration of Covenants, Conditions, and Restrictions regulating and controlling the
use and development of certain real property as hereinafter described is made to be effective
as of the -~-/D day of ~-"~r~!~r)/ , 2004 ("Declaration", NTC Land L.C.,
hereinafter referred to as "Declarant", the Owners or beneficial owners of Lots 5 through 9,
of COUNTRY VISTA PHASE 2 ("the Subdivision") in accordance with the plat filed.for
record of the '~ f- # day of ,Iron t.e-z_, ,- ~, ,2004, ~n L~ncoln County, Wyoming, as Plat
No. /F) ]-F__.. ("the " ' '
Plat ), which shall hermnafter be referred to as the "Property". The
Declarant is adopting the following Covenants, Conditions and Restrictions.
NOW, THEREFORE, Declarant hereby declares that all of the Property described shall be
owned, held, sold, conveyed, encumbered, leased, used, occupied, and developed subject to
the following easements, 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 parties 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 of any part
thereof.
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ARTICLE I - DEFINITIONS
"Declarant" shall mean and refer to NTC Land, L.C. a Utah
limited liability company.
"Lot" shall mean and refer to any of the single family residential
plots of land described above and shown upon that certain
recorded subdivision plat of the Property filed by the Declarant,
in the Office of Lincoln County Clerk.
"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, i
"Principle Residence" shall mean the single family reSidential
Structure, constructed on any Lot of the Property, whikh is the
principal use of such Lot, and to which the other authorized
Structures on such Lot are accessory.
"Property" shall mean and refer to that certain real property
known as County Vista Subdivision Phase 2, in accordance with
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the plat filed for record on the 7 }// day of -J~c::~/~/~:ry ,
2004, in Lincoln County, Wyoming, as Plat No.
"Structure" shall .mean anything built or placed on the ground,
excluding fences.
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ARTICLE II
LAND CLASSIFICATIONS, USES AND RESTRICTIVE
COVENANTS
Land Classifications. All land within the Property has been classified
into the following:
a. Residential
Residential area; Uses; ReStrictions.
a. Each residential Lot shall be used exclusively for residential
purposes, and no more than one family (including its servants and
transient gueSts) shall occupy such residence; provided, however,
that nothing in this subparagraph (a) shall be deemed to prevent:
(1) Any Owner's computer-based or similar type home-based
business or any OWner who is an artist, artisan, licensed
professional, or craftsman from pursuing his endeavors upon
the Lot if the Owner also .uses such Lot for residential
purposes, is s'elf-employed and has no employees working on
such Lot, and does not advertise any product, work of art or
service for sale .to the public upon such Lot;' advertising signs
are not permitted;
b. Each Lot, and any and all Structures and 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.
No pigs, swine, goats, turkeys, chickens, or any Other domestic
animals or fowl shall be lnaintained on any Lot other than horses,
cattle, sheep, dogs and cats or other generally recognized house or
yard pets; provided, however, that all animals shall at all times be
maintained on the Owner's lot so as not to be allowed to run at large.
do
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No commercial signs whatsoever shall be maintained or erected on
any lot. A sign advertising the premises for sale may be erected as
needed.
No manufactured house, house trailer, mobile home, shack or similar
facility or structure shall be kept, placed or maintained upon any lot
at any time. The terms "manufactured house", "house trailer" or
"mobile home" as used herein includes but is not limited to. any
building or structure with wheels and/or axles and any vehicle used
at any time, or constructed so as to permit its being used for the
transport thereof upon the public streets or highways and constructed
so as to permit occupancy thereof as a dwelling or sleeping place for
one or more persons, and shall also mean any such building,
structure or vehicle, whether or not wheels and/or axles have been
removed, after such building, structure or vehicle has been placed
either temporarily or permanently upon a foundation.
No inoperative vehicle shall be kept on the premises for more than
thirty (30) days unless parked in an enclosed building.
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. No rubbish or debris of any kind shall be placed or
permitted to accumulate on any Lot. No metal including without
limitation scrap metal or metal drums shall be kept, stored, or
allowed to accumulate on any Lot except in an enclosed structure.
688
ARTICLE III
DESIGN STANDARDS
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General Standards. The following standards and restrictions are
applicable to the construction, remodeling, alteration and exterior
refinishing of any and all Structures and improvements and site
preparation upon each Lot.
Design Character. All buildings shall be painted or faced in
colors that blend into the natural environment and landscape of
the area.
Building Design. The design of all buildings is subject to the
following.
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a. No Structures or improvement: ,shall be constructed on
the
properties other than one (1~ single family dwelling
to be occupied by the owner, arid not more than two (2)
out buildings to be used to sto~re vehicles, equipment,
supplies, or to be used as a b~rn., All improvements
shall be of new and permanent[ construction.
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b. No Structures shall be permitted to be placed in front of
or extend past the frontage of the primary residence.
c. No Structure shall be erected or permitted to remain on
·
the Property, which shall exseed two (2) stories in
height. This shall not include a basement.
d. Setbacks shall not be less thah twenty-five (25) feet
from
any side or rear boundar:~
line.
e. The minimum floor area of an~ single family residence
shall not be less than 1,200 square feet exclusive of the
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garage, carport, or unenclosed ~orches or
decks.
Landscaping. The front lawn and landSCaping of the primary
residence shall be competed within twelve (12) months after
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construction has been completed of the primary residence.
Construction. The exterior of any building must be completed
within twelve (12) months after ttie commencement of
construction.
ARTICLE VI
ENFORCEMENT, DURATION AND Ai~ IENDMENT
689
1. Enforcement. Any Owner shall have the right to enforce, all
restrictions, conditions, covenants now or hereafter imposed by the provisions
of this Declaration: If such a proceeding is successfully brought, the party
against whom the action was brought shall pay to the enforcing party all costs
thereof including without limitation a reasonable attorney in addition to any
other relief that may be granted. Failure by the Owner ito enforce any covenant
or restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter. I
2. Duration of Restrictions. 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 Property and the OWners thereof, subject to
the right of amendlnent
of twenty (20) years, aft
08D6478
or modification provided for in this Article, for a term
· ,r which time they shall automatically be extended for
successive periods of tWenty (20) years.
3. Amendment. This declaration may be amended by an
instrument in writing signed by not less than seventy-five percent (75%) of the
Lot Owners, which amendment becomes effective when the instrument is
recorded in the Office of the County clerk of Lincoln County, Wyoming.
690
IN WITNESS WHEREOF, Declarant has caused this Declaration to be duly
executed as of the day 5nd year first above written.
Evel n~. Go~)ery
STATE OF UTAH:
COUNTY OF SALT L~
The foregoing in., trument was acknowledged before me by:
/ ~' this z/,/ day of
Witness my hand and official seal.
My commission expires:
,2003.
CRAIG A SUMMERS~'~ ~*
~ Notary Public ~
I '"~':rw;.'¢,,;/' ,.State of Utah }
I -':'"';'"' My Commission Expires MAY 29, 2005)
~$8, Eden UT 843101
STATE OF
COUNTY
691
The foregoing instrument was acknowledged before me by:
Lc~ Rue_ ('.
this /l*Z'- day of
U'/Con~lssion Expkes Dec '3, ee
My commission expires:
,. 2003.
STATE OF /,/La d '
COUNTY OF 0a ~1-5 : ' ? ~
The foregoing instrument was acknowledged efore me by:
this 2ff*~ dayof ~~f
Witness my hand and official seal.
My commission expires: //-/,~ff - ~'ff
NOTARY
,2003.
IUBLIC