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 ~'