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Home My WebLink About901762 ~l ~ '~q 5. ~b LINO0 f..l CF)/NTY -' ' ,. DECEA'hLATION OF COV'ENANTS~O~ITIONS AND REST'RICI'IONS F(')~ WESTERN SUNSET ~CHETTES ~. l'N LINCOLN WYOM1NG KNOW ALL ~N BY THESE PRESENTS, lhat KELLY JOI iNSON "Declarant" or "Developer," being the owner and developer ofcerlain real properly localed in Ihe unincorporated area of the County of Lincoln, Slate of Wyoming, described in Exhibit "A" altached hereto and made a part hereof (which properly is hereinafter described as lhe "Weslern Sm~set Ranchelles"), does hereby declare that all oflhe property described above shall be held, sold, and couveyed subject lo following easements, restrictions, covenants, and conditions which are k)r lite puq)ose of prolecling the value and desirability of and which shall run with tile real property aud be binding on all parties having any right, lille or interest in Ihe described properly or any part lhereol; lheir heirs, successors, and assigns, anti shall insure to the benefit of each owner thereof. ARTICLE l DEFINITIONS Section 1. described. "Property" shall mean and refer 1o ihal cerlaiu real property hereinbefore Section 2. "Lot" shall ~nean and refer to any plol of land shown upon any recorded subdMsion map of the Property. Section 3. "Owner" shall mean and refer to lhe record owner, whether one or more persons or entities, of a fee simple title to and Lot and shall also include contractpurchasers the Declarant, but shall exclude those having such interesl merely as seem-try for the performance of any obligation. Secliou 4. "Declarant" and "Developer" shall bolh meau and refer to KELLY JOHNSON, owner of WESTERN SUNSET RANCHETTES SUBDIVISION. Section 5. "Homeowners Administration" shall me;m and refer lo an association or board which will here after be formed to haudle the administration and the bylaws of such will become incorporated in this document. ARTICLE 1I ARCHITECTURAL CONTROL No building, structural wall, or other structure shall be commenced, erected, or maintained upon the property, nor shall any exterior addition to or change or alleralion Iherein be inade nmil lite phms and specifications showing the nalnre, kind, shape, heights, malerials, and location or lhe san're shall have been submitted to and approved in writing, as to harmony or exlemal design and location itl relalions to surrounding structures and topography by the "Developer," and said work shall not commence unless the "Developer" shall endorse said plans ;is being in compliance ~ ilh Ihese covenants and are oihel~vise approved. ARTICLE USE RESTRICTIONS The lots shall be used solely for priw~to, single-family residenlial proposes and there shall nol be co~tstructed or maintained Ihereon more than one single-hmfily dwelling and a privale garage, excepting a barn to house a~mals or a workshop may be conslmcled. All o~11 buiklings musl mulch Ihe home in color and 'be of good qnalily malerial and workmanship, S~clionL All residenlial s~uctnres erected or I)laccd on any lot shall bare a minmmm of 17000 square feet on one floor or 26000 square feet on hvo floors uol includh'~g open porches, palios and garages. Unpainted metal roofs am nol allowed. No mobile or modular homes are pemlitled. Only Earth lone colors will be allowed on homes and out buildings. Section 2. All buildings of any 1ol shall be localed a minimum of flfiny (30) feel from lhe front lot line, measured lo the foundation ofsuctl building; a minimum often (10) feel Ikom file rear 1Ol liue; and a mininmm often (10) feet fi'om lhe side lol line. For Ihe purpose oflhis covenanl, eaves, sleps, and open porches shall not be considered as pa~ ora building lbr Ihe propose ofdelermining such dislances, provided, however, lhat Ihis shall nol be construed lo pcrmil any poflion ora building including such eaves, steps, or open porches, to encroach upon auolhcr lot. ' Section 3. No den-ick or other structure designed lbr use iu boring, mining, or quarrying for waler, oil or natural gas or precious mineral shall be mainlaincd or permilled on any 1ol in said Iracl. No oil drilling, developmenl operalions refining quaffing or mining operalions of any kind shall be permilted on any lot. ' ' Section 4. No mercantile, mann~actuhng, or trade business or bosiness eslablishmenl of any nature shall be mainlained on said land ' Section 5: Animals may be kept so long as lhey are conlained by a feuce so as nol lo be a nuisance lo other lot owners. No roaming atli~als will be allowed. Any animal deemed a nuisance, such ~s yew loud or very smelly will not be allowed. Section 6__ There is hereby resen, ed from each lol and Ibc owner lhereo[ and easement for the installation and maintenance of all t~es of utilities and dr~iniug fi~cililies, Iogelher wilh reasonable righls of access to said easement. No structures shall be placed or pcrmillcd ~o remain wilhin the l/mils of lhe easement which may endanger or interfere w/Ih lhe inslallalim~ and mainlenance of utilities. The landscaping of Ibe easement, however, shall be maintained by lhe o~vuer of Ihe properly. Section 7. All eleclric power and telephone service lines and all olher ulilily services shall be under~ound or localed inside the boundaries of each building Section 8. No lot shall be used or mainlained as a dmuping gronnd for rubbish, trash, garbage, or other waste. Stlch lrash, rubbish, garbage, or olher waslc shall not be kepi, excepl in sanilaw containers. Bunting oflrash, garbage, or olher waste shall be prohibilcd. All lois will be keel) clean and free ofrmnsed items or Slored in a storage building Section 9. In lhe conslruction of aulhorized improvemenls ou auy properly, care shall be exercised nol to unduly disturb lhe natural landscaping fl~ereo[ Wilhi~ one (1) year after consffucliol~ of such improvements, the landscaping on the unimproved part of lhe properly dislurbed or destroyed during conslruclion shall be restored by Ihe planting of grass, ~rees, or shmbbe~, ofappropriale characler and type. Nattmd landscaping is encouraged. 1. Each lot owner will be responsible for weed control on lheir Lot to prevent spreading of noxious weeds. Section 10. The roads shall be private and each lot owner shall be responsible for an equal portion (~f the snow removal m~d maintenance costs of said roads. Section 11. Once sold by the Developer, no properties shall be further divided, subdivided, or split. Section 12. Each lot owner will be responsible for weed control on their Lot to prevent spreading of noxious weeds. Section 13 All permanent outside light fixtures nmst be hooded. ARTICLE IV WATER USAGE Section 1. Cnlinar¥~Water Usa__~g~Metering~ Each lot shall be connected to a private well via a 1 ~¼" service or smaller excluding lot #1 which is connected io the Smoot water system. a. Each lot shall have a water meter connected io the service line corresponding to that lot. Well power and water usage costs shall be based on lh¢ amount of use registered by said water meter. Meter readings shall be taken on a ~nonthly basis. Each lot owner shall be responsible lbr their metered share of water and welt power. Meter readings will bc laken on or about the first day of each month by Homeowners Administratiou. The Adnfinistration shall bill lot owners with payment lbr water and well power usage due on or about the thirtieth of each month. Costs to monitor meters shall be divided equally among owners and added to billiug for water a,~d well power. b. Well Maintenance and _Repair. Each lot owner shall be responsible for one~ forth (~A) of the costs of well maintenance and repair. Lot 1 will not have a share of the culinary well as it is hooked np lo the Smoot Water System and will not be responsible for any maintenauce of said well. c. Irrigation. Each lot will have Cotton\\'ood Irrigation available lbr irrigation purposes to coincide water with the bylaws of Cottonwood h-rigalio,t. Each lot will be entitled to 4.8 gallons of water per minute per acre. Lots 1, 2, and 5 have a slopply line run to the lots front the maiu line of Cottonwood Irrigation. These lot owners will be responsible lyf maintaining this line. All irrigation water must come from Cottonwood Irrigation; no irrigation water will be allowed to come £roln the culinary water well. ARTICLE VI GENERAL PROVISIONS Section 1. Enforcemeut. Each and ~dl of said conditions, covenants, and reservalions is and are for fl~e benefit of e~ach owner of land or any interest ll~ercin m the said property and each thereof shall inure to and pass with each and ever)' parcel of said properly and shall apply to and biml the respective successors in interest. Each guarantee of any part or portion of said property~ by acceptance of a deed incorporation by reference this Declaration, accepts the same, subject to all such reslriclions, conditions, covenants, and reservations. The "Developer" or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. l~'ailm-e by the "Developer" or by any owner to enforce any covenant or restriction herein coutained sh~dl in no evenl be deemed a waiver of the right to do so thereafter. A breach of any restriction, condition, or coveuant may be enjoined, abated, or remedied by appropriate proceedings. No such breach shall affcc~ nor impair the lien of any bona fide mortgage or deed trust which shall have been given in good l'aith and l'or value; provided, however, that any subsequent owner of said properb' shall be bound by the said conditious and covenants whelher obtained by foreclosure or a tmstee's sale or otherwise. Section 2. Violation constilutes Nuisance. Ever3, acl or olnission whereby auy restriction, condition, or covenant in this Declaration set forlh, if violated itl whole or in part, is declared to be and shall constitute a nuisance, and may b abated by granlor of its successors iu mlerest, and/or by any lot owner; such remedy shall be deemed cumulative and not exclusive. Section 3: Severabili!z: Invalidation of any one of Ihese covenanls or reslrictious by judgment or court order shall in no way affecl oilier provisions Milch shall remain itl fifll force and effect. Section 4. Duration or Restrictions. All of the condilions, covenants, aud resel'w~lions sel forth herein shall continue and remain in fidl force and effect at all limes against and properly and the owners thereof, subject lo the right of change or modificalion herei nailer provided unlil July 15 2024, and shall be continued in force lbr a period or twenty yearn, and thereafle,' lbr successive periods of lwenly (20) years, unless within the six monfll period prior to July 15, 21)24 or wilhin the six monlh period prior to expiration of any successive twenty-year period thereafter, a 'wrillc~l agreement execmed by seventy percenl (70%) of the record lot owners covered hereby be placed on record in the Office of lhe County Clerk of Lincoln Comity, by the terms of which agreement any o1' said conditions or covenants are changed, modified or extinguished, in whole or in parl, as to all or an3 parl of ihe property subjecl lhereto, itl lite manner and to tile exlent lherein provided. In Ire evenl lhal il~l)' such wrilten agreemeut of change or modification be duly executed and recorded, file original condilions and covenants, as lherein modified, shall continue in rome for successive periods of lwealy (20) years each, unless aud until fimher changed, modified or extinguished in the manner herein provided for, by mutual written agmeinent of not less titan seventy percent (70%) of tile then owners of record lille of said property. IN WITNESS W}fEROF, this Declaration of Restriclive Covcuams, Conditions and Reslricdons is executed this day of July, 2004 A · / , ANI)REA C HILL THE STATE OF WYOMING ) COUNTY OF Z~-/-/Mco/_.J /'~z ) _) SS. _~/o, The foregoing instrument was acknowledged belbre me by KELLY JOItNSON this day olX,J~Iy, 2004. Witness my hand and official seal. My Commission Expires: