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HomeMy WebLinkAbout89918651.,- FIRST AMENDED DECLARATION OF COVENANTS, ~MIGR, ANT,.M EADOWS SUBDJVIS!~N First Amended Declaration of Covenants, Conditions a'~d'R~i~i0n~'of E~igranl Meadows Subdivision made as of May 10, 2004, ("First Amended Declaration"). WHEREAS, the Declaration of Covenants, Conditions and Restrictions of Emigrant Meadows Subdivision dated as of March 2, 2004, was recorded in the office of the Lincoln County Clerk on March 12, 2004, in Book 549 PR, page 719 ("Previous Declaration"); and WHEREAS, in Article IV, Section 4, Declarant reserved the right to amend or modify the Previous Declaration in Declarant's sole discretion as long as Declarant owns at least 2 lots in the subdivision; and WHEREAS, Declarant owns more than 2 lots in the subdivision at this time; and WHEREAS, Declarant desires to amend the Declaration in full; NOW, THEREFORE, pursuant to the power reserved by Declarant, Deciarant hereby declares that this First Amended Declaration replaces in full the Previous Declaration and that its provisions apply to all lots in the subdivision including any lots that may have been sold or contracted for sale by Declarant prior to the date of this First Amended Declaration, as follows: THIS DECLARATION is made as of May 10, 2004, by Ted N. Carlisle hereinafter referred to as "declarant", the owner of the property described as the Emigrant Meadows Subdivision Consisting of Lots 1, 2, 3, 4, and 5, located within the SWI/4NEI/4 and NWl/4SEI/4 of Section 6, T32N, R119W, in the Auburn area of Lincoln County, Wyoming, and'which is hereinafter referred to as'"the properties" or "the lots" or "the Subdivision". A subdivision plat for the Subdivision has been prepared by Surveyor Scherbel, LTD., and approved by the Lincoln County Board of County Commissioners as of October 8, 2003 ("the plat"). The provisions contained on that plat including, without limitation, the "Plat Warnings" and easements are incorporated herein by this reference. NOW, THEREFORE, declarant hereby declares that all of the properties described shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for [he 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. ARTICLE I USE AND RESTRICTIVE COVENANTS Section 1. LAND CLASSIFICATION. All land within the Emigrant Meadows Subdivision has been classified as single family residential property. Section 2. to all of the lots. GENERAL RESTRICTIONS. The following general restrictions shall apply (a) Each lot or tract shall be used exclusively for residential purposes, 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 lot from time to time by the owner thereof. (b) Each residential 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. Landscaping should be neat and attractive and noxious weeds controlled. (c) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which 'may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other owners in the enjoyment of their lots. In determining whether there has been a violation of this subparagraph recognition must be given to the premise that owners, by virtue of their interest and ownership in the Emigrant Meadows Subdivision, are entitled to the reasonable enjoyment of the natural benefits and surroundings of the Subdivision. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the lots and improvements located thereon, shall be placed or used upon any lot. (d) No domestic livestock animals or fowl of any kind shall be allowed on any lot except as follows: 1) on any lot, not more than two (2) dogs or cats; 2) on Lots 1, 2, and 3 not more than two (2) horses; 3) on Lots 4 and 5 not more than four (4) horses; 4) on any lot not more than two (2) pigs, cattle or sheep being raised as pad of a 4-H or County Fair Project. Barking dogs constituting enclosure during normal sleeping hours. maintained in a fenced area a nuisance shall be confined in a sound resistant All dogs weighing over ten pounds shall be kept and (e) No signs whatsoever, including but without limitation, commercial, political and similar signs, visible from neighboring property, shall be erected or maintained upon any lot except for a wooden residential identification sign of a combined totat face area of three (3) square feet or less. (f) No manufactured house, house trailer, mobile home, tent, teepee, 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 in a manner 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. (g) All motorcYcles, ATV's, and over-the-snOw vehicles shall either be kept inside an enclosed area or an enclosed trailer on the lot. No inoperative vehicle shall be kept on the premises for more than thirty (30) days unless it is parked inside an enclosed building. All of the restrictions set forth in this paragraph (g) apply also to WagOn Rut Lane. (h) 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 paid by each owner, in accordance with the billing of the collector. No rubbish or debris of any kind 'shall be placed or permitted to accumulate on any lot. 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 propertiesl 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, storage building(s) to be used to house vehicles; equipment or supplies, greenhouses and barns. Section 3. DESIGN CHARACTER. All buildings shall be constructed in character with each Other specifically by Using similar exterior roofing, building material and coloring on each building on the property. 3 829 (a) Exterior materials will be of rough sawn natural wood, peeled log, stone, exposed aggregate concrete, or similar rough textured natural material, and also vinyl siding, steel siding and Hardy Board siding with wood-grain texture. Roof materials shall be cedar shake or shingle or high quality composite shingle. Ribbed metal roofing on reflective flat colored finish shall also be allowed. Roofs on all residences, garages and other outbuildings shall have a minimum pitch of 4 feet in 12 feet and shall have a minimum overhang of 18 inches. (b) All buildings must comply with any and all State of Wyoming, and Lincoln County Building Codes. (c) No building of any kind may be constructed on any lot without prior architectural approval. Prior to commencing any construction of any kind, each lot owner must submit plans and specifications for such construction for architectural approval. Initially, architectural approval must be received from the declarant. Declarant reserves and shall exercise sole and absolute discretion to grant or deny architectural approval. However, declarant also reserves the right to assign the approval authority to another person or entity at any time. Any such assignee shall have the same authority as to architectural approval as declarant has reserved herein. Section 4. BUILDING DESIGN AND SETBACKS. (a) The minimum floor area of any single family residence shall be not less than thirteen hundred (1,300) square feet at ground level, exclusive of a garage, carport, porches or decks and other outbuildings. (b) Solar collectors may be of any construction, 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. (c) Automobile storage for each residential dwelling shall consist of a mimmum of two indoor parking spaces in a garage that is either detached or attached to the residence. Parking spaces 'n the required garage shall have minimum dimensions of not less than ten (10) feet wide by twenty-five (25) feet long and shall be readily accessible by a driveway. (d) property line. No building shall be located nearer than ten (10) feet from any exterior (e) No structure shall be erected, altered, placed or permitted to remain on the property which shall exceed two stories in hei§ht. (f) All electric, television, radio, telephone, sewer water, and all of the utility installations and connections located on the property shall be placed under the ground. (g) All construction, reconstruction, 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. ARTICLE III MISCELLANEOUS PROVISIONS Section 1. WATER AND SEWER SYSTEMS. 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 sewer systems shall be maintained so as to not constitute a nuisance to the adjoining lots. As indicated on the plat, the Subdivision shall have a common culinary water system constructed at Developer's expense, including a well and pump house located at the southwest corner of Lot 4, and a main pipeline to each lot As stated on the plat, declarant grants to each lot an easement for the common culinary water system. Upon sale by the developer of a lot, that lot owner becomes immediately liable for an undivided 20% share of all operating and maintenance expenses of this water system. However, each lot owner is responsible for providing the connection to the common water system and all pipelines necessary to provide water to his lot. Each lot shall have one (1) one-inch connection to the common culinary water system. When Developer has sold 3 or more lots, Developer shall no longer have any responsibility for the operation and maintenance of the water system. Until all lots in the Subdivision have been sold by the Developer, the Developer may impose such conditions and restrictions upon use of the culinary water as he deems appropriate in his sole discretion. At any time after at least 3 lots have been sold by the Developer, he may assign this right to any person, including without limitation, one or more lot owners. Irrigation water is provided to the Subdivision through the State Line Ditch. The Ditch is located on the north sides of Lots 1, 2, 3, and 4. The owners of Lots 1, 2, and 3 are individually responsible to arrange for, construct and maintain irrigation water diversions from the Ditch to their lots according to law and for any and all equipment and improvemenls to provide such water on their individual lots. Lots 4 and 5 may receive their water share from a pump and main line running along the south boundaries of those lots on condition that the owners of Lots 4 and 5 pay their pro rata share of the operating and maintenance expenses associated with said pump, main line and related improvements. That pro rata share shall be calculated according.to the acreage of Lots 4 and 5 and the Developer's remaining acreage also receiving irrigatiOn water from the Ditch from said pump and through said main line. The owners of Lots 4 and 5 are responsible to the expense of connecting to the main line and for any and all equipment and improvements to provide such water on their individual lots. Section 2. SUBDIVISION ROAD. A private road named Wagon Rut Lane provides access for ingress and egress and all utilities from the Auburn-Tygee County Road No. 12-134 to the lots in the Subdivision. Each lot in the subdivision has an easement for such use of that road. The same private road may also be used to provide such access to other surrounding lands owned by Developer located basically east of the Subdivision and Developer specifically reserves herein the right to do so in the future in his sole discretion. Developer shall construct the road according to the requirements of Lincoln County, Wyoming. Upon sale by the Developer of a lot, that lot owner becomes immediately liable for an undivided 20% share of all operating and maintenance expenses of the road including snow removal. If the road ever becomes used for access or utilities to Developer's other lands, Developer shall equitably adjust the amount for which the lot owners in the Subdivision are liable for operation and maintenance of that portion of the road located within the Subdivision. Section 3. EXCAVATION AND MINING. No excavation of any kind, including that for stone, sand, gravel or earth shall be made on the property except for such excavation as may be necessary in connection with the erection of any approved 'mprovement thereon. No oil drilling, oil development operation, quarrying, or mining operations of any kind shall be permitted upon the property. Section 4. FENCES. No metal posts will be allowed and no barbed wire shall be used except that barbed wire fences may be used for subdivision boundary fences. Section 5. EXTERIOR FIRES. There shall be no exterior fires whatsoever except barbecue fire contained within receptacles and such fires as may from time to time be permitted by the Lincoln County fire regulations. Section 6. CLOTHES LINES. Outside clothes lines or other outside clothes drying or airing facilities shall be maintained exclusively within a fenced service yard and shall not be visible from neighboring propedies. 6 Section 7. HUNTING, PETS. The following restrictions shall apply: (a) Subdivision. No hunting of wildlife of any sort will be allowed within the confines of the (b) All pets will be controlled at all times and will be fenced when not under the owner's immediate verbal command. Section 8. COMBINATION OF LOTS. Two or more contiguous lots within the Subdivision may be combined in which event the combined lot shall be treated as one lot for all purposes except for payment of expenses for operation and maintenance of the common culinary water system and Wagon Rut Lane. ARTICLE IV GENERAL PROVISIONS Section 1. ENFORCEMENT. Each grantee of a lot of the Subdivision 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, reservations, easements, rights-of-way and restrictions set forth herein or on the plat. Declarant or any lot owner shall have the right to enforce, by any proceedin§ at law or in equity, all conditions, covenants, reservations, easements, rights-of-way, restrictions, liens, and charges now or hereafter imposed by the provisions of this declaration. Failure by declarant or by any owner to enforce any conditions covenants, reservations, easements, rights-of-way and restrictions 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 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 subsequent owner of said property shall be bound by the said conditions, covenants, reservations, easements, rights-of-way and restrictions whether obtained by foreclosure or at a trustee sale or otherwise. Section 2. DEFINITION OF NUISANCE. Every act or omission whereby any condition, covenant, reservation, easement, rights-of-way or restriction in this declaration is violated in whole or in part is declared to be and shall constitute a nuisance and may be abated by the declarant of his successors in interest or by any 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 full force and effect. Section 4. DURATION AND AMENDMENT. 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 Subdivision lots and the Owners thereof, subject to the right of amendment or modification provided for below, 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 sixty percent (60%) of the Lot Owners and thereafter by an instrument in writing signed by not less than sixty percent (60%) of the Lot Owners which amendment becomes effective when the instrument is recorded in the Office of the County Clerk of Lincoln CounTy, Wyoming. The Declarant shall have the right in his sole discretion, during such time as Declarant owns not less than two (2) Lots, to amend or modify this Declaration by an instrument in writing, and ali Lots within the Subdivision including those previously sold shall be subject to such modification. Any such amendments shall be duly executed by the Declarant and are effective when recorded in the Office of the County Clerk of Lincoln County, Wyoming. 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 first above written. T~d~. Cadisl~ 8 3 STATE OF WYOMING COUNTY OF LINCOLN SS. The foregoing First Amended Declaration of Covenants, Conditions and Restrictions was acknowledged before me by Ted N. Carlisle this/~Z./~ day of May, 2004. Witness my hand and official seal. ............ L ........... U~ln ~ Wyoming { M~ ~mmi~ion Expires May 2, 200~ My commission expires: NOTARY PUBLIC (/