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HomeMy WebLinkAbout875324Coyote Hills Subdivision cio Ba, rry Futlmer ' 8 PO Box 4182 'f~OOK. Bedford, WY 83110 PECLARATION OF COVENANTS. CONDITIONS & RESTRICTIONS THIS DECLARATION made on the date herein after set forth by Coyote Hills · SubdMsion, Owner, herein after referred to as "Declarant", WITNESSETH · WHEREAS, Declarant is the owner of certain proper~y 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 Strawberry Construction, hereinafter referred to as "developer"; and W!--tEREAS, it is the desire and intention'..of the Declarant to sell the property described above and impose upon it mutua:l:beneficial restrictions under a general plan or scheme of improvement for the benefit of all of saic{ lands and the future owners of those landS; and WHEREAS, Declarant will convey the s~id'l~roperty, Su.'~ject to certain protective covenants, conditions, restrictions, reserva.iions,.casement.~., liens and charges as hereinafter set forth; " NOW, THEREFORE, Declarant herebY.i:le.clares that all the property shall be held, sold, conveyed, encumbered, leased, rented; u~ed,' occupied, and improved subject to the following casements, restrictions, coven~tnts and conditions, all of which are for the purpr;se of enhancing and protection the value, desirability, or attractiveness of the real i~,roperty and every part thereof. These casements; 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 id said tract add.t.he future owners of those lands : ' ARTICLE I/DEEINITiONS' . .. So!'.;.~ion 1. "Property" shall mean andlrefer tb certain real property hereinafter described. .~S_e~,';:.L~:~,..~-' "Lot" shall mean and refer to any plot of. land shown upon any record~;d subdivision map of the Property. Se¢~ion 3.. "Owner" shall mean and refer to the recorded owner, whether one or more parsons 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 performance of any obligation. Sec_.!;iQn 4,"Declarant" shal'l mean and refer to Strawberry Construction Co. ARTICLE II/ARCHITECTURAL CONTROl SecL-,':ion 1. No building, fence, structural wall, or other structure shall be comm6~nced, erected or maintained upon the prolSerty, nor shall any exterior addition to or change or alteration therein be made uqtil the plans and specifications showing the nature, kind, shape, heights, materials ancJ location of the same shail have been submitted to and approved in writing, as tc~'harmony of external design and location in relatior~ to surrounding structures and topography by StCawberry Construction Co. Prior to, the commencement of any excavations, construction or remodeling, of any structu;e theretofore completed, there shall first be f led with Strawberry Construction Co. two complete sets of building plans and specifications therefore together with a block a,qd plot plan indicating the exact part'of' ~e building, s te the improvements will cover, ,and said work shall not cOmmenc'e dnless Strawberry Construction Co. shall endorse said plans as being in compliance with these covenants and are otherwise approved. The second set of plans shall be filed as a permanent record with Strawberry Construction Co. In the event "Deciai'ant" fails to approve or'disapprove such design and location within fifteen (15) Days-after s~.id' plans and specifications have b~en submitted to it, approval will not.be: required and full compliance with this article will be deemed to have been made..': "- .. ARTICLE III/Us~ REStRIcTIOnS Th,~:~ lot shall be used solely for private, sihgle, family residential Purposes, and there s;hall not be constructed or maintained (hereon more one single family dwelling and a private garage for not more than three Vehi..cles. In'addition, the lot shall be subjec!: to the following restrictions' '" Sec;tion 1 ._ No residential structure haVing.a floor area.~3f less than 1200 square feet, not including open porches, patios, and.garages shall be erected or placed on any residential lot. No corrugated roofs and no tin roofs unless colored. Sec!:L~%g. No buildings shall be located on any Lot nearer to the street-front tine than 30 feet therefrom, measured to the foundati.on of such building; nor not nearer than 10 feet to the rear Lot line; nor nearer than 10 feet to the side Lot line. For the purpos(; of this covenant, decks,, steps and open porches shall not be considered as part of a building for the purpose of determining such distances, provided, however, that this shall be construed to permit any portion of a building, including decks, steps, or oper~ porches to encroach upon another Lot. _~i¢.~.'i'ion 3, No building having a width of less than 20 feet at the minimum building set-back line shall be erected or pl~ced upon any lot. Sect. tO.J%.4,. No mercantile, manufacturing, or mechanical business of any nature shall be maintained on said land. Sec[ion 5,_ No animals of any kind shall be r;naintair~ed for a commercial purpos~:~. a. No pigs, chickens, goats on premises b. No more than 2 adult dogs per residence. Pups must be relocated within 60 days of birth. No dogs at large. .. c. No more than 2 cows per residenc~' " " Se¢tion 6. No noxious or offensive activity ~hall be' ca'tied on upon any Lot, nor shall an, ything be done thereon that may be~:ome an annoyance or nuisance to the neighborhood. No fireworks will be permitted on premises. Without limiting the generalily of the foregoing, cars are not to be collected for mechanical repairs or stored on property once not operable for mor.e than 30 day~. ¢..e~..'don 7,. After the commencement of an~' building, ~pr structure, or wall permitted hereby to be constructed, the same.shall shall be prosecuted to completion with reasonable diligence. -' Seqi'ion 8. No structures'of a temporal'nature, mobile homes, lean-to, garage, barn, or other out-buildings shall be used any time as a residence either temporarily or permar'~ently. No old or second-hand structures shall be moved on to any of the said Lots, it being the intent hereof that all dwellirl~s and other bu. ildings to be erected on said Lots, or within said Subdivision, shall be new construction of good quality workmanship and materials. Sec:ijon 9, There is hereby reserved from' e~ch lot'.an'~I the owner thereof an easement for the installation and maintenance of any 'types of utilities, together with reasonable rights of access to said easement. --" Seciion 10, No billboard o[ any character. S'h~li be e~te0ted, posted, pasted or displaye, d upon or about said property, unless and until the.form of design of said sign has be~n submitted to and approved by Decla?ar~[ - ' Sec.!!o.n 11. No portion of any Lot shal! b..e, used °r..mai.ntained for dumping of rubbish, trash, garbage or other waste. Suohl waste shall not be kept except in sanitary contair~.'.3rs and removed in a timely manner:. All equipment for the storage of such materiCd shall be kept in a clean and sanitary/con6tition. No rubbish, trash, papers, junk or debris shall be burned on any Lot. _$__¢~don 12. No individual water supply sysiem shall be used or permitted, on any Lot or rjroup of Lots unless such' system is located, constructed and equipped in accord;;tnce with the standards of the State Health Department and approved by such authority, and unless such system in permitted and app.roved by Strawberry Construction Co., .which may be deny approval ifl in its sole discretion, such a system would Fiot be in the beSt interest of the Subdivision. Se¢:don 15, No barb wire, net, or chain link fence to be 'constructed between SubdMsion Lots. Fence must be of wood, steel panel or Icg construction. ARTICLE IV/GENERAL PURPOSES ..~¢.~;~ on 1, Enforcement; Ea'ch and all of the said conditio, ns, covenants and reserw:.~.tions is and are for the benefit of eadh own. er of lanai' and any interest therein in the said property, and shall apply to and bind the respective successors in interest. Each 9rantee of any part or portion of said property by acceptance of a deed incorporating by reference this Declaration accepts the same, subject to all such restrictions, conditions, covenants and reservatiohs. Th'e E~eclarant or any owner shall have the right to enforce, by any proceeding at law or inequity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by th.et. Declarant or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. A breach of any' restriction, condition, or covenant may be enjoint~]d, abated or remedied by appropriate ~or..0ceedings. No such breach shall ~ affect nor impair the lien of any bona fide mortgage or deed of trust which shall have been ~jiven 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 foreclc;sure or at a trustee's sale or otherwise. .~..~:~;tion 2. Violation Constitutes Nuisance.. Every act hr'omission whereby any restriction, condition or covenant in this Declaration set forth, if violated in whole or in part, is declared to be and shall constitute a nuisance, and may be abated by Grantor or its successors in intei'est and/or by any Lot Owner; and such remedy shall be deemed cumulative and not exclusive. ¢__e...,;.'.tion 3. Severability. Invalidation of..&n~-one of th'~e"covenants or restriction by judgment or court order shall in no waY affect any other provisions which shall remain in full force and effect, ~ ' Se:.~ Duration of Restrictiort~, All. the conditions, c~venants and reservations set forth herein shall continue and remain in full force and effect at all times against said property and the owners thereof, subject to the right of change or modification hereinafter provided until July 1, 2221, and'shall .as then in force be continued for a . period twenty years, and thereafter for successive periods of twenty years each without' limitation, unless within the six rfionths prior to July 1, 2221, br within the six months prior to the expiration of any successive twenty-y~ar period thereafter, a written agreement executed by (70%) seventy per cent'of the then record Lot owners covered hereby be placed on record in the' office of the County Redorder of Lincoln County, by the terms of which agreement a~y of said ~onditions or covenants are changed, modified or extinguished, in whole or in pai:t~ as to all or any part of the property' subjec[ 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 originai conditions and covenants, as therein m. odified, shall continue in force for successive periods of twenty years each,, unless 'and until fljrther changed, modified or extingoished in the manner herein provided forl by mutual written agreement o1' not less th~m (70%) seventy per cent of the then owners of re'cOrd title of said property. Sea:don 5,_ Formation of Homeowner's' As~ociati~.n. Homeowner's Association may be formed with each present or future LcJt'.(~v~ner having'a representative thereon, and each Lot owner, having equal voting rights regardless df size of Lot purchased. Howev,?.r, Strawberry Construction Company, Barry Fullmer, or any successors shall have fl,,.y one per cent (51%) of voting rights on any matters pertaining to Coyote Hills SubdMsion until such time as ail designated,Lots have been'sold. Thereafter, all voting J'ights will transfer to the Homeowner"s Association. IN WITNESS WHEREOF, the undersig.b~d .b~ing the Declarant herein, has hereunto set its hand and seal this lstdaybf Jdl~. 2001; · COYOTE. HILLS SuBDIvISION , c/o Barry Fullmer PO Box 4182 '. Bedford, WY 83112 By: ((~wn~ - ' ~ State of Wyoming ,,,.~.~ ,, ,~4,,....;~ SS. County of Lincoln On the _ - personal y appeared before me Barry Fullmer, Ow i who duly acknowledged to me that he executed the same as his free act and deed. Commission expires: .... (kc~ ~ ~. ¢ ~ ~ ~Notary Pubic) ' My Oomml~lon Expires ~'