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HomeMy WebLinkAbout906465 RECEIVED 2/14/2005 at 3:46 PM RECEIVING # 906465 BOOK: 578 PAGE: 798 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WARRANTY DEED 0798 Box Y Ranch LLC, a Wyoming close limited liability company, having its principal place of business at Afton, Lincoln County, Wyoming, (mailing address: PO Box 969, Afton, WY 83110), grantor, for and in consideration of the sum of Ten and No/100 Dollars' ($10.00), the receipt whereof is hereby acknowledged, and other good and valuable consideration, CONVEYS and WARRANTS to LaVal Larson, Suni Haderlie and Cindy Hillyard, an undivided one-fourth interest as joint tenants with right of survivorship; LaVal Larson, Suni Haderlie and Clay Larson, an undivided one-fourth interest as joint tenants with right of survivorship; LaVal Larson, Suni Haderlie and Chef LaVal Larson, an undivided one-fourth interest as joint tenants with right of survivorship; and LaVal Larson, Suni Haderlie and Cai D. Larson, an undivided one-fourth interest as joint tenants with right of survivorship; as tenants in common, of PO Box 1, Afton, WY 83110, grantees, the following described real estate, situate in the County of Lincoln, State of Wyoming, and more particularly described as follows, to-wit: Part of H.E. Survey 115 of T34N Rll6W, Lincoln County, Wyoming described as follows Beginning at Corner No. 4 of H. E. Survey No. 115 (said Corner No. 4 being S9°36'W, 99.77 chains, thence S18°43'E, 29.47 chains, thence N72°10'E, 10.08 chains, thence S17°50'E, 40.07 chains from U. S. Location Monument No. 37) and running thence along the Southerly boundary of H.E. Survey No. 115, S72°18'W, 198 feet to the TRUE POINT OF BEGINNING, said True Point of Beginning being also the SW corner of that tract of record described in a Warranty Deed recorded in the office of the Lincoln County Clerk in Book 354 PR, page 647, Recording No. 787203: Thence along the Southerly boundary of H.E. Survey No. 115, S72°18'W, 396 feet, thence N17°50'W, 220 feet on a line, parallel to the Easterly boundary of said survey, thence N72°18'E, on a line parallel to the Southerly boundary of said survey 396 feet to the NW corner of said tract of record in Book 354 PR, page 647, thence S17°50'E along the West boundary of said tract of record, 220 feet, more or less, to the point of beginning. TOGETHER WITH the following described 16-foot wide perpetual right-of-way easement for ingress and egress and all underground utilities to the land described above for the benefit of grantees and their heirs, successors and assigns, including the rights to inspect the easement and construct and maintain a roadway to provide for said ingress and egress, more particularly described as follows: 1 0799 Beginning at Corner No. 4 of H. E. Survey No. 115 (said Corner No. 4 being S9°36'W, 99.77 chains, thence S18°43'E, 29.47 chains, thence N72°10'E, 10.08 chains, thence S17°50'E, 40.07 chains from U. S. Location Monument No. 37) and running thence along the easterly boundary of H.E. Survey No. 115, N17°50'W, 220 feet to the TRUE POINT OF BEGINNING: Thence S72°18"W, 214 feet to a point, thence N17°50'W, 16 feet to a point, thence N72°18'E, 214 feet to a point, then along the Eastern boundary of H. E. Survey 115, S17°50'E, 16 feet, to the point of beginning. SUBJECT TO the following perpetual covenants, conditions and restrictions which run with the above-described real property ("the property") and bind grantees and their heirs, successors-in-interest and assigns: ao 1. Design Character. All buildings built on the property shall be constructed in character with each other specifically by using complementary exterior roofing, building material and coloring that blend into the natural environment and landscape of the area. Exterior materials will be of log or log siding. Roofs shall be ribbed metal of dark brown color. Exterior colors shall be earth tones. All buildings must comply with either the current editions of the Uniform Building code, the National Plumbing Code, and the National Electrical Code, or, if applicable, State of Wyoming, and/or Lincoln County Building and Safety Codes. 2. Buildinq Desi.qn. The design of all buildings is subject to the following: a. No Structures or improvements shall be constructed on the property other than (1) one single family dwelling to be occupied by the owner, his lessee, guests and servants, and (2) one garage or storage building. All improvements shall be of new, permanent construction using good quality workmanship and materials. b. The minimum floor area of any single family residence shall not be less than 700 square feet as measured by the exterior building dimensions on the ground floor, exclusive of the garage, carport, or unenclosed porches or decks. c. No structure shall be erected, altered, placed or permitted to remain on the property which shall exceed one and one-half (1 1/2) stories in height. ( Roofs shall have a minimum pitch of four feet in twelve feet. All primary roofs shall have a minimum overhang of eighteen inches. No unpainted metal roofs shall be allowed. Setbacks shall not be less than thirty (30) feet from any side or rear boundary line. 3. Site Design. Site design shall comply with the following requirements: a. Larson shall construct and maintain a fence of native materials which may include barbed wire on that portion of their two acres of land they wish to fence. b. All fuel tanks (except propane fuel tanks), water tanks, or similar storage facilities shall either be constructed as an integral part of a Structure, or shall be installed or constructed underground. c. Sanitary Facilities. The sewage system is the responsibility of and shall be installed at the expense of the property owner and shall be constructed in conformity with the laws of the State of Wyoming and Lincoln County, and no privy, outside latrine, or other like facility shall be permitted except during construction of a principal residence in which case it is required by this Declaration to have such a facility. Grantees shall refrain from causing any water or pollution emanating from his Lot. d. Domestic water supply shall be the responsibility of the grantees, shall be installed at their expense, and shall be constructed in conformity with the laws of the State of Wyoming and Lincoln County. 4. Construction. The construction of any building must be completed within fifteen (15) months after the commencement of construction. 5. Uses; Restrictions. a. The property shall be used exclusively for residential purposes. b. No commercial activity shall be conducted on the property. c. All structures and improvements shall be maintained in good condition and repair, and in such manner as not to create a fire hazard. d. There shall be no exterior fires whatsoever except barbecue fires contained within barbecue receptacles, properly constructed permanent outdoor fireplaces or fire pits, and such fires for vegetation and/or rubbish control as may from time to time be permitted by the Lincoln County fire regulations or during winter months. e. No cows, horses, sheep, llamas, goats, turkeys, chickens or any other domestic animals or fowl shall be maintained on the property. Not more than two adult dogs or cats may be kept on the property and shall b~.;[estrained or leashed and 08',91 maintained on the property so as not to be or become a nuisance or be allowed to run at large. Barking dogs constitute a nuisance shall be confined in a sound resistant enclosure. f. No commercial signs whatsoever shall be erected or maintained upon the property. g. No noxious, offensive, or noisy activity (disturbance to the peace and tranquility) shall be carried on upon the property, nor shall anything be done or placed thereon which may become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance. h. No modular house, house trailer, mobile home, camp trailer, shack or similar facility or structure shall be kept, placed or maintained upon the property at any time except as may be agreed to by Box Y Ranch LLC in writing. The phrase "modular house" means a house or other structure constructed at a location other than on the Lot where it is to be located and then is moved in one or more pieces to the Lot. The terms "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 so 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. i. No discharge of any firearms on the property is allowed. j. No inoperative vehicle shall be kept on the property. k. 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. No rubbish, metal, or debris of any kind shall be placed or permitted to accumulate on the property. I. No drilling for oil, gas or other minerals or any other activity to recover minerals or other materials from the property shall be pursued on the property. m. The property may not be divided or subdivided in any way. n. Larson agrees to control noxious weeds on their tract of land at their expense. o. Any trees or plants placed on their two acres by Larson shall be indigenous to the Greys River drainage. p. Larson will feed no hay on their two acres. q. Larson will not permit or use of firearms, firecrackers or other explosive devices on their two acres. 4 ',-,.O8O2 r. Larson will not use or permit the use of four-wheelers, snowmobiles, or motorcycles on their two acres or the right of way to the land or on lands owned by Box Y except for ingress and egress to and from the two acres. s. Larson is to maintain their fenced in area in a neat and orderly condition. t. No trash or garbage shall be burned or buried on Larson land but shall be disposed of by taking it out to the appropriate garbage dumping area. u. Larson will comply with all building regulations that apply in the construction and operation of any improvements on their land. v. Larson will place a metal gate where their right of way enters Box Y property. It will be their responsibility to keep it closed. If they lock the gate, a key will be furnished to Box Y. w. Ownership of the property is restricted to the above grantees and their lineal descendants only and Box Y Ranch LLC and its successor(s) in interest. Ownership of any interest in and to the property whatsoever by anyone other than the above grantees and their lineal descendants shall immediately result in its reversion to Box Y Ranch LLC or its successor(s) in interest. 6. Enforcement. Box Y Ranch LLC, its successors and assigns, shall have the right to enforce, by any proceeding at law or in equity, all covenants, conditions, and restrictions imposed by the provisions of this deed. If such a proceeding is successfully brought, the party against whom the action was brought shall pay to the enforcing party all costs thereof including without limitation a reasonable attorney fee in addition to any other relief that may be granted. Failure by Box Y Ranch LLC to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. SUBJECT TO all other covenants, easements, exceptions, restrictions, reservations and rights of way of sight or record. IN WITNESS WHEREOF,, the gra_.ntor ha~ ca.u, sed these presents to be signed by its duly authorized officer as of this. ~?¢/ day of ' .. '_'~ ,¢ ,' -,'~ .,¢"¢-y-, 2004. Box Y Ranch LLC, a Wyoming.close limited liability company 5 Ted C. Frome, Manager STATE OF WYOMING COUNTY OF LINCOLN · SS. On this ,~,~ day of,,~i~.~4, j ,2004, before me persona y appeared Ted C. Frome, to me personally known, who, being by me duly sworn, did say that he is the Manager of Box Y Ranch LLC, a Wyoming close limited liability company, described in and which executed the foregoing instrument; that said instrument was duly signed in behalf of said close limited liability company; and said Ted C. Frome acknowledged said instrument to be the free act and deed of said close limited liability company. Given under my hand and notarial seal the day and year first above written in this certificate. Witness my hand and official seal. oln ~ Wyoming ~ mmission Expires Februar 26 2008 - J~OTAF~Y' p'L~'13 LiU~/ My commission expires: ".~f.z/v~,--., z~.., .2¢,o,¢