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Home My WebLink About897235page Rainbow Meadows Minor Subdivision #226 MS 03 Alan and Sharan Motzkus c/o PO Box 4288 Bedford, ~WY 83112 891235 .4-2 RE,$EIVED LINOOL-!"4 CO~I~'.~Tv,,_ , ,., , , 6LERK. DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS THIS DECLARATION made on the date herein after set forth by. Rainbow Meadows, owner, herein after referred to as" Declarant". WlTNESSETH: WHEREAS, Declarant is the owner of certain property in the unincorporated area of Lincoln County, State of Wyoming, described on Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as "the property", and said property is being developed by Alan and Sharan Motzkus, hereinafter referred to as "developer", and V~FF-IEREAS, it is the desire and intention of the Declarant to sell the propertY described above and impose upon it mUtual beneficial restrictions under a general plan or scheme of improvement for the benefit of all of said lands and the future owner of thoSe lands; and . WHEREAS, Declarant will convey the said property, subject to certain protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth; NOW, T~EREFORE, Declarant hereby declares that all the property shall be held, sold, conveyed, encumbered, leased, used, occupied, and improved subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, or attractiveness of the real property and every part thereof. These easements, covenants, restrictions, and conditions, shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described property or any part thereOf, and shall insure to the benefit of all the lands in said tract and the future owners of those lands. Together with and subject to plat, all easements, restrictions, right of way and improvements of sight-hnd or record. ARTICLE I/DEFINITIONS Section 1 "Property" shall mean and refer to certain real property hereinafter described. Section 2 "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the property. Section 3 "Owner" shal1 mean and refer to the recorder owner, whether one or more persons or entities, of a free simple title to any lot, and shall also include contract purchasers and the Declarant, but shall exclude those having such interest merely as security for the security for the performance of any obligation. Section 4 "Declarant" shall mean and refer to Alan and Sharan Motzkus. ARTICLE IUARCI-E[TECTURAL CONTROL Section 1 No building, fence, structural wall; or other structure shall be commenced, erected or maintained upon the property, nor shall any exterior addition~ change or alteration therein be made until the plans and specifications showing the nature, kind, shape, -heights, materials and location of the same have been submitted to and approved in writing, as to the harmony of external design and location in relation to surrounding structures and topography by Homeowner's Association. Prior to commencement of ~anv excavation, construction or remodelin of an stru ' ~,-~D-, q, ~ g y cture or ~mprovement. there snail nrst be filed w~th Homeowner's Association two complete sets of building plans and specifications together with block and p!ot plans indicating the exact part of the building site the improvements will cover, and said work shall not commence unless Homeowner's .Association shall endorse said plans as being in compliance with these covenants and are otherwise approved. The second set of plans shall be filed as permanent record with Homeowner's Association. In the event "Declarant" fails to approve or disapprove such design and location within forty five (45) daYs after said plans and specifications have been submitted, approval will not be required and full compliance with this article will be deemed to have been made. page 2 ARTICLE 1II/USE RESTRICTIONS Lots 1, 2, 3, 4, 5 shall be used solely for private, residential purposes, whole or in part and shall not be constructed or maintained thereon more than one single family . dwelling in addition to a private attached garage, regardless of acres. In addition the lots shall be subject to the following. Section 1 No residential structure having a floor area of less than 1250 square feet of living space per flOor for Stick Built. No residential structure having a floor area of less than 1600 square feet of living space per floor for Manufactured.Which doesn't include open porches, patios and garages shall be erected or placed on any lotl Each residential structure must have attached garage no smaller than one single bay and not larger than 4 bays. No corrugated roofing and no tin roofing unless colored. All structures shall have concrete footings and concrete foundation. No more than 2 feet of bare concrete shall be exposed. No Singlewides. Height of permanent structures shall not exceed 30 feet. All permanent building construction shall conform to Wyoming Building electrical and architect codes and permit requirements'. To be completed in 3 years. Barn or outbuildings no taller than 30 feet, must have 24" wide footing and stem concrete walls of at least 3' including footer depth. Pole type structure is acceptable if support poles are of good chemical treat, bedded with gravel and at least 3 feet below lay of land grade. Closing doors required. All pole structure will be covered with sideing approved by Homeowner's Association. All other shed or' loafing structures design shall be approved prior to construction by Homeowner's Association with two sets of plans. To be completed in 3 years and shall conform to Wyoming Building electrical, architect codes and permit requirements. SeCtion 2 No buildings shall be located on any lot nearer to the Street-front line than 20 feet therefrom, measured to the foundation of such building, nor not nearer than 20 feet to the rear Lot line; nor nearer than 20 feet to the side Lot line. For the purpose of this covenant, decks, steps and open porches shall not be considered as part of a building for purpose of determining Such distances, provided, however, that this shall not be construed to permit any portion of a building, including decks, steps or open Porches to encroach upon any utility easement or another Lot. With eXception of Lot 2. Street-frontline is a 40 feet setback therefrom, north line. Overhead power line has 20 feet easement. Irrigation facilities have ten feet easement on both side of centerline. Section 3 Section 4 Section 5 Any building, structure or improvement erected on any lot shall be finished using earth tone color scheme Cu!ina - ....... · . ......... ry and irrigation water is subject tO by-laws and assessment. All lot owners shall cause their lot to be seeded or suitably planted with grass/lawn and decorative shrubbery with in 500 square feet around structure and within 3 years of commencement of any construction of any building or improvement on said Lot thereon, whole orin part. Lot owners are required to control noxious weeds on Lot and pasture areas, as needed, monthly, whole or in part. Each owner shall, be responsible for upkeep and maintenance of.the easement area on their lot, ~which shall include but not be limited to' watering, cutting, fertilizing, weed control and removal of debris. No business of any nature shall be maintained on any lot, whole or in part. No building or structure intended f~:'!ess purpose or multiple-family no apartment house, double hou~:~i':':~g~ing house, rooming house or church h6~i~b. 02/12/04 I&:2S FAX Section 6 3078833670 LEI SURE VALLEY No anirrmls of any kind shall be maintaineafl for commercial purpose. No saalmals e. xc. ept the following. a. Only one horse per acre to be boarded on property. ~""- i ~ b. No more than two dogs per residence :;'"... 4 c. No more than two cats per residence. d. Pups and kittens to be relocated in 60 days ofblrth. e. No animals at large. Other indoor household pets may be kept provided that are not bred or for commercial purpose and rest_rioted to owners property. ~ OOl pa~o 3 Section 7 Section Section 9 Section 10 l',lo noxious, .ofrensiv% illegal activity shall be carried on upon any lot, nor shall anything be done thereon that may become an annoyance or nuisance to the neighborhood. Without limiting the generality °fforegoing cars and engine items. Inoperable property cannot be collected For repairs or stored for more than 60 days. After the commencement of'any building or improvement, structure or w~'ll permitted hereby be constructed, the same shall be prosecuted to completion within 3 year. No side boundary walls, f.enees, line hedges shall be permitted with a height of.more th= 8 feet. No structures cfa temporary nature. Mobile homes, le.~n-to, gm-age, btam or other out buildings shall be used any time a~ a residence either temporarily or. permanently. -No old or second-hand structures shall be moved on any of said Lots, whole or in pa~-t. It being the intent hereof that all dwellings a~d other buildings to be erected on said Lots, or within said Subdivision, shall be new construction of good quality workmanship and materials. Under no eirumstnnce shall thc b~ement crazy structure or dwelling be construed to be the first floor of living area. There is hereby reserved from each lot and the owner thereof, an easement for the installation and malntenane~ of. any types of utilities and irrigation together with rights for ingress and egress. Subdivision shall not be responsible for repairs or maintenance. Section 1 1 No billboard of any character shall be erected, posted, pasted or displayed upon or about said properW, unless and until the form of.design has been submitted and approved by Deelm-ant. Section 12 Section 13 No portion of. any Lot shall be used or maintained f.or dumping of'rubbish~ trash, garbage or other w~ste. Such waste shall not be kept except in sanita~ containers ,~vith lock lids, and removed in a timely manner. ~dl equipment for the storage of such material shall be kept in a clean and sanitapj condition_ No rubbish, trash. papers, junk, debris or yard debris shall be burned on any Lot. No burning. No individual water supply system shall be used or permitted on any Lot or group of' lots unless such system is located, constructed and equipped in accordance with the standards of the State Health Department and approved by such authority and unless such system is permitted and approved by Homeowner's Association which may deny approval il~ in its sole discretion, such a system would not be inthe best interest of'the subdivision. section 14 Section 15 No barbwire Or net f.ence to be constructed between Subdivision Lots. Fence must be of wood, steel panel, vinyl, log construction or barb-less wire. lXlo private dwelling house erected upon any lot shall be occupied in any manner while in the course of construction, nor at any time prior to its being fully completed, as required. Nor shall any residence, when completed, be in any manner occupied until made to comply with approved plans, requirements and all other covenants, conditions, reservations, and restrictions set forth. A_-%TICLF- IV/GENERAL PuRpOsEs Section 1 Enforcement.: Each and all of the said conditions, covenants and reservations is and are for the benefit of each owner of land and any interest therein in the said property and shall apply to and bind the respective successors in interest. Each grantee of any or portion of said property by accePtance of deed accepts Declaration, accepts the same, subject to all such restrictions, conditions, covenants and reservations. The Declarant or any owner shall have the right to enforce by any proceeding at law or inequity, all restrictions, conditions, covenants, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Declarant or by any owner to enforce and covenant or restriction herein contained shall in no event be deemed a waiver of the fight to do so thereafter. A breach of any restriction, condition or covenant maybe enjoined, abated or remedied by appropriate proceedings. No such breach shall affect nor impair the lien of any bonafide mortgage or deed of trust, which shall have been given in good faith and value; provided, however, that any subsequent owner of said property shall be bound by said conditions and covenants whether obtained by by foreclosure or at a trustee's sale or otherwise. Section 2 Violation Constitutes Nuisance. Every act or omission whereby any restriction, condition or covenant in this Declaration set forth, if violated in whole or part, is declared to be and shall constitute a nuisance and may be abated by Grantor or its successors in interest and/or by Lot Owner; and such remedy shall be deemed cumulative and not exclusive. Section 3 Section 4 Severability. Invalidation of any one of these covenants or restriction by judgement or court order shall in no way affect any other provisions which shall remain in full force and' effect. Duration of Restrictions. All the condition, covenants and reservations set forth herein shall continue and remain in full force and effect at all times against said property and the owner thereof, subject to the right of change or modification hereinafter provide until September 3, 2053, and shall as then in force be continued for a period often years and thereafter for successive periods often years each without limitation, unless within the six months prior to September 3, 2053, or within the six months prior to the expiration of any successive ten year period thereafter, a written agreement executed by (70%) seventy percent of the then record Lot owners covered hereby be place on record in the office of the County Recorder of Lincoln County, by the terms of which agreement any of said conditions or covenants are changed, modified or extinguished, in whole or in part, as to all or any part of the property subject hereto in the manner and to the extent therein provided. In the event that any such written agreement of change or modification be duly executed and recorded, the orginal conditions and covenants, as therein modified, shall continue in force for successive periods of ten years each, unless and until further changed, modified or extinguished in the manner herein provide for, by mutual written agreement of not less than (70%) seventy percent of the then owner of record title of said property. Section 5 Formation of Homeowner's Association. A Homeowner's Association may be formed with each present of future Lot owner having a representative thereon, and each Lot owner having equal voting right regardless of size of Lot purchased. However, Alan and Sharan Motzkus or any successors shall have fifty one percent (51%) of voting right on any matters pertaining to Rainbow Meadows until such times as all designated Lots have been sold. Thereafter, all voting fights will transfer to the Homeowner's Association. In WITNESS hand and seal WHEREOF, the undersigned, being the Declarant herein, has hereunto set its this ~'~ ~' cfi day of f~c ~ t,-,x a r-~] of ~Ld9 0 q . ~age 4 Rainbow Meadows Alan and Sharan Motzkus c/o page 5 146 PO Box 4288 Bedford, WY 83112 (Owner) By ~~, 0 (Owner) State of Wyoming County of Lincoln SS. Onthe .-~r-d dayof /~'f~:.-cc~/,-ct , ~--dge~5/ , personally appeared before me Alan L. Motzkus and Sharan Motz-f~us, Owners of Rainbow Meadows Minor Subdivision, who duly acknowledged to me that they executed the same as their free act and deed. Commission expires: (Notary Public) 0