HomeMy WebLinkAbout908442HOBO RANCH
COVENANTS, CONDITIONS AND RESTRICTIONS
STATE OF WYOMING )
) S.S.
COUNTY OF LINCOLN )
WHEREAS, David C. Hansen and Timothy J Bommer, doing business as Hobo
Ventures, a Wyoming partnership, and Vicki K. Rohan, as the wife of Timothy J
Bommer (Declarants) are the sole owners of all of the property described in Exhibit
"A" annexed hereto, herinafter referred to as "HOBO RANCH," or the "property," and
· ~ WHEREAS, Hobo Ventures caused the abovedescribed property to be divided into
· parcels A, B, C, D, E, F and G (parcels), which are more particularly described in
' maps filed in the Office of the County Clerk of Lincoln County, and included herein
by reference, and
WHEREAS, the Declarants desire to place certain Covenants, Conditions and
Restrictions (Covenants) on Hobo Ranch for the mutual benefit and protection of
the Declarants and those purchasing property within Hobo Ranch, including the
abovedescribed parcels or any portion thereof, and
WHEREAS, the Declarants desire that this instrument shall define the Covenants
upon the property of Hobo Ranch; that all conveyances of the property shall be
subject to these Covenants, and; are incorporated into the deeds and contracts to
those purchasing property within Hobo Ranch with the Covenants thereby intended
to apply to each parcel and to run with the land through subsequent transactions.
NOW, THEREFORE, Declarants hereby declare that all of the property shall be held,
sold, conveyed, encumbered, leased, rented, used, occupied and improved subject
to the following easements, restrictions, covenants and conditions, all of which are
for the purpose of enhancing and protecting the value, desirability and
attractiveness of the property and every part thereof. These covenants shall run
with the property and shall be binding on all parties hereto and those having or
acquiring any right, title or interest in the property or any part thereof, and shall
inure to the benefit of ail the lands within the property and the future owners
thereof.
RECEIVED 5/16/2005 at 1:31 PM
RECEIVING # 908442
BOOK: 585 PAGE: 390
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, VVY
,,_0039I
ARTICLE ONE
HOBO RANCH HOMEOWNERS ASSSOCIATI. ON
:1.. Formation: A homeowners association shall be incorporated in the state of
Wyoming as a not for profit corporation or L.L.C. to be known as "Hobo Ranch
Homeowners Assoc., L.L.C.," (Association) as soon after the filing of these covenants
as may be necessary and practicable.
2. Membership: All persons or entities that own or acquire title to any of the
parcels by whatever means shall automatically become a member of the
Association, and only owners may be members of the Board of Directors of the
Association (Board), who will not exceed three (3) in number and shall serve at the
pleasure of the Declarants until such time as parcels D through F have been sold.
Until such time, the Declarants may constitute the Board in its entirety and shall
have all of the authority provided below. For so long as any of the Declarants own
or have an interest in any parcel contained in the property they shall have at least
one person as a member of the Board.
3. Authority: The Board, as established by the formation of the Association,
shall have the power and authority to manage the business and affairs of the
Association and its activities. The Board shall have the power and authority to
administer and enforce the terms and conditions of this Declaration and any
amendments thereto.
4. Irrigation: Any disputes regarding irrigation of the property shall be resolved
by the Board. Prior thereto, the owners involved shall attempt to informally resolve
the dispute. Allocation of the irrigation water and the cost thereof is determined by
the Sweetwater Irrigation Company, and all owners shall pay irrigation assessments
in full when due.
ARTICLE TWO
COVENANT FOR MAINTENANCE ASSESSMENTS
1. Creation of Lien and Obligation for Assessments. The Declarants, for each
parcel owned by them, hereby covenants, and the owner of each parcel, his or its
heirs, successors and assigns, by acceptance of a deed or execution of a contract to
purchase therefore, whether or not set forth in said deed or contract, is and shall be
deemed to covenant and agree to pay to the Association:
a. special assessments for road and utility construction, maintenance and
improvement, such assessment to be established and collected as
hereinafter provided,
b. special assessments for irrigation, such assessment to be established
and collected as hereinafter provided.
c. such other and further assessments, including annual and special
assessments as may be adopted by the Association with the approval of
the owners.
The annual and special assessments, together with reasonable interest,
costs and attorney fees, shall constitute a charge on the land and shall be a
continuing lien upon the lot charged for the assessment. No assessment provided
for in paragraphs "a" and "c" shall be charged to or against the Declarants for so
long as they own any parcel.
2. Purpose of Assessments: The special assessments levied by the
Association shall be used to reimburse any owner(s) for the construction and/or
installation of a roadway and utilities for parcels D through G; payment for the
improvement and maintenance of the roadway and utilities by the Association;
construction, improvement and maintenance of the irrigation facilities by the
Association, and: payment for any and all other assessments adopted by the
Association.
3. Commencement and Rate of Assessment: Upon an owners completion of
the construction of a roadway and utilities for parcels D through G in and upon the
easement therefore, in accordance with the requirements as hereinafter provided,
and upon acceptance of the roadway and utilities by the Association, the owner
shall submit to the Association evidence of the cost thereof and that they were
constructed for a reasonable amount. The cost shall be prorated amongst all of the
parcel owners directly benefiting from the roadway and utilities, assessed against
them, and paid at the time of purchase of a parcel; provided, however, if Declarant
is an owner, the assessment shall not become effective until the parcel is sold. For
example, if the owner of parcel F spends $40,000.00 for the construction of the
roadway and installation of utilities, said sum shall be prorated in the sum of
$10,000.00 for each parcel and said amount shall be assessed against the
remaining parcels, D, E and G, but shall not be assessed against the parcel(s) if they
are owned by the Declarant. The assessment shall only become effective and shall
be paid only upon the sale of the parcel(s) by the Declarant.
All other assessments shall be paid when due and in the manner required by
the Board.
All unpaid assessments shall constitute a lien upon the property.
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4. Payment of Assessment and Effect of Non-payment: As provided above,
the prorated assessment for construction of the roadway and utilities shall be paid
by an owner of a parcel (except Declarant) upon the purchase of the parcel.
All other assessments shall be paid within 30 daYs of billing by the
Association. If not paid within said time, the assessment shall be subject to interest
at the rate of not less than 3.8% per year, plus the costs of collection, including a
reasonable attorney's fee. At its option, the Association may bring an action at law
or in equity against the owner or foreclose the lien against the property. No owner
may waive or otherwise escape liability for the assessments provided herein by
nonuse or abandonment of his or its parcel.
5. Subordination of Lien: The lien of the assessments provided herein shall
be subordinate to the lien of any first mortgage, provided however, that a first
mortgage cannot be granted without payment of the construction assessment
provided in paragraph 1, above. No sale or transfer of the parcel shall adversely
affect the assessment lien.
ARTICLE THREE
GENERAL RESTRICTIONS
1. Zoning: In addition to the covenants, conditions and restrictions contained
herein, no parcel shall be occupied or used nor shall any improvement be erected
contrary to the zoning regulations of Lincoln County, Wyoming.
2. Private Residence Purpose: The parcels shall be used solely for rural and
agrarian, private, single family residential purposes.
3. Prohibited Activities: No mercantile, manufacturing, mechanical, trade or any
other form of commercial business or business establishment of any nature shall be
maintained on the property or in any improvement erected or placed thereon. The
owner may have a home office, provided they do not sell or serve customers or
clients on or from the premises.
No building on the property shall be used as a boarding or rooming house,
provided, however, that the family dwelling and/or any guest house erected on the
property may be leased on a temporary basis (month to month tenancy) by the
owner to be used only for rental income and occupied only as a single family
dwelling.
No mining or quarrying operation or drilling of any oil or gas will be
conducted or permitted on any parcel.
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No signs, billboards or advertising devices, except as hereinafter allowed,
shall be erected.
No hunting or discharge of firearms shall be permitted.
4. Signs: One "for sale" sign not larger than 6 square feet shall be permitted. One
entrance gate sign identifying the owner by name or the name of the property is
permitted as long as it is of a reasonable size and style.
5. No Nuisance: No noxious or offensive activity shall be conducted upon any
property, nor shall anything be done or placed on the property which may become a
nuisance, or cause unreasonable embarrassment, disturbance or annoyance to
other owners in the enjoyment of their property. In the determination of a violation
of this condition, recognition must be given to the premise thatowners of parcels in
Hobo Ranch are entitled to the reasonable enjoyment of the natural benefits,
openness and solitude of the property. Without limitation, no loudspeakers, horns,
or other sound devices, except security devices used for the security of the property
and improvements, shall be placed upon the property, nor shall barking, howling or
screeching animals be allowed. No light shall be emitted from any parcel, which is
unreasonably bright or produces an unreasonable glare. Without limiting the
generality of what constitutes a nuisance, each of the forgoing is an actionable
nuisance and prohibited.
6. Animals and Livestock: No animal or fowl of any kind may be kept, bred or
maintained on the property for any commercial purpose, including without
limitation dogs, horses and poultry. Generally recognized household pets (dogs and
cats) may be kept, but not more than two (3) per single family residence. Such pets
shall be confined to the owners parcel by whatever means necessary and shall be
confined in a sound resistant enclosure during normal sleeping hours. No other
animal or fowl may be kept or maintained on the property other than horses, mules,
llamas or cows as more specifically provided below. The owners of each parcel
shall be responsible for all animals and livestock kept or maintained on their parcel.
Any allowable animals must be restrained by means of an approved fence or corral
or other means within the boundaries of each parcel and not allowed to create a
nuisance in the area. An unreasonable accumulation of animal waste shall
constitute a nuisance. The owners of each parcel shall do and perform all things
reasonable and necessary to control and abate flys and/or flying insects that are
commonly associated with the keeping of animals and livestock.
In addition to the household pets, it shall only be permissible to maintain on
each parcel not more than five (5) animals, including offspring, e.g. 2 horses, i foal,
1 mule and I llama. Not more than one (1) cow is allowed per parcel. Bulls are not
permitted.
7. No Division: Notwithstanding any state, county or other regulation to the
contrary, no parcel shall be further divided into smaller parcels or tracts; provided,
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however, nothing contained herein shall prohibit the combination of two or more
parcels into a single parcel. If two or more parcels are combined they may not
thereafter be divided and shall be thereafter treated as one building site, which
shall be subject to these restrictions the same as a single parcel; provided, however,
the number of animals that an owner may maintain shall be not more than ten (10)
of the breed or type required in paragraph 6, above. Combination of parcels shall
subject the owner to assessments as if the parcels had not been combined.
8. Temporary Structures: No structures of a temporary nature, trailer, mobile
home, basement house, tent, shack, garage, barn or other outbuilding shall be used
at any time as a residence either temporarily or permanently. A "trailer" or "mobile
home" is a structure with wheels and/or axles that is constructed to allow for
transport and to allow for occupancy as a dwelling, but shall not include a
manufactured or pre-built home that is permanently affixed to a foundation.
9. Storage and Appearance: Clotheslines, service equipment, boats, motor homes,
trailers, trucks, tractors, garden equipment, television antennas, woodpiles or
storage areas shall be screened by planting or fencing to conceal them from view of
neighboring lots, drives and roads. Rubbish, garbage and other waste shall be kept
and disposed of in a sanitary manner. Dumping or storage of rubbish, garbage or
waste is prohibited on the property. All containers or other equipment for the
storage and disposal of garbage, trash or rubbish or other refuse, shall be kept in an
enclosure in a clean .and sanitary condition. No trash, litter or junk shall be
permitted to accumulate or remain upon the property. No burning of trash is
permitted upon the property.
10. Fences: Lot owners shall maintain fences in a sightly condition. Owners who
construct fences on shared lot lines shall be entitled to contribution from the
adjoining lot owner at such time as the owner contracts for the fence, subject to the
adjoining owners agreement. In the event the owners cannot agree to the amount,
manner and method of payment, the matter shall be submitted to the Board, which
shall attempt to reasonably resolve the dispute. Nothing shall preVent the owner
erecting the fence from pursuing an action in law or in equity to enforce the terms
of this provision and otherwise preventing an unjust enrichment to the adjoining lot
owner.
All perimeter fences constructed shall be of a post and rail design, and may
be constructed of wood, metal or synthetic material. The posts shall be at least four
(4) feet in height and may have not less than one (1) nor more than four (4) rails per
section of posts. One (1) to three (3) strands of barbless wire may be substituted for
the rails, except for the uppermost or top rail, which shall consist of wood, metal or
synthetic material. Corrals may have an alternative style or design to be approved
by the Association. Electric fence is allowed within the perimeter fence for the
management of livestock, provided however, the fence is powered by solar or other
passive energy and does not constitute a nuisance. No fence erected on a parcel
shall exceed six (6) feet in height.
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1~1. Underground Utilities: All electric power and telephone service lines and all
other utilities constructed upon the property shall be underground and shall be
constructed within the easement granted for such purpose. Utililities from the
easement to lot improvements shall be underground. Fuel storage tanks, including
tanks for propane and other liquefied petroleum products, shall be buried.
12. Noxious Weeds: Noxious weeds shall not be permitted on any parcel, and shall
be eradicated by such means approved by Lincoln County Weed and Pest or such
other agency with authority to make such determination.
13. Damage, Destruction and Maintenance: If any building or improvement upon
the parcel is damaged in whole or in art, it shall be promptly removed, renovated or
rebuilt to conform with the covenants contained herein. The owner shall maintain
the buildings and improvements in good condition and repair, and in such a manner
as to not create a fire hazard.
'14. No Waste: No waste shall be committed on any parcel.
ARTICLE FOUR
RESIDENTIAL RESTRICTIONS
1. Buildings Allowed: There shall not be constructed or maintained on each parcel
no more than one single family dwelling having a floor living area of not less than
2,000 square feet, not including open porches, patios and garages, and a private
garage for not more than three (3) vehicles; provided, however, that the following
structures may be erected on each parcel:
a. one (1) guest house: which shall have a floor living area of not less than 900
square feet, and a private garage for not more than two automobiles.
b. one (1) barn: which shall be totally enclosed and have not less than 900
square feet of floor area.
c. one (1) hay storage shed, which shall be used exclusively for that purpose.
d. not more than two (2) maintenance or tack sheds, which shall have a floor
area of not less than 200 square feet each,
Provided, however, one or more of the Declarants may erect one or more multi-
family dwelling units together with private garages on Parcel B, and no other
structure or building as allowed above shall be erected on said lot. In the event
Parcel B is sold or conveyed by Declarants to a third party without such
improvements, only a single family dwelling as defined above may be erected on
said lot at such location on the lot as first approved by the Association. No other
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structure shall be allowed on Parcel B, except the pole barn that preexists this
Declaration. In the event the barn is destroyed or partially destroyed and cannot be
reasonably used, it shall be torn down and removed from the property.
2. Setbacks and Height: Each building on a lot shall have a minimum setback
distance of 1.50 feet measured from the parcel line to the closest wall of the
building, except for parcels A, B and C, which shall have a minimum setback of 50
feet measured from the parcel line to the closest wall of the building; provided,
however, the location of the any building allowed on parcel B shall be first approved
by the Association, as provided above.
No building shall exceed 28 feet in height from the lowest ground level at the
foundation existing prior to excavation and/or construction of the building, and shall
not otherwise unreasonably impair or impede the visual easement of any other
parcel owner.
3. Landscape: All areas disturbed by construction shall be returned to natural
conditions and replaced with appropriate ground cover.
4. Construction: The construction of any building allowed on a parcel shall be
continuous, uninterrupted and concluded without delay. The exterior of any building
must be completed within twelve (12) months after commencement of
construction. Construction shall be in accordance with all applicable national
building codes, notwithstanding the absence of any governmentally imposed
building requirements.
5. Water and Sanitary Systems: Each residential building shall be connected to a
private sewage disposal system and well, which shall conform to all applicable
standards and requirements of the State of Wyoming, Lincoln County or other
regulatory agency. No sewage disposal system or water well shall be constructed,
altered, allowed to remain or be used unless first approved as to design, capacity,
location and construction by all proper county and state regulatory agencies. No
sewage system shall be constructed within 1.50 feet of the water system and the
exterior boundaries of any parcel. No water system shall be constructed or be used
which adversely affects the water system of any other parcel owner.
ARTICLE FIVE
EASEMENTS
1. Utilities and Rights of Way: The property is subject to a perpetual easement 30
feet in width, which runs through its center in a west to east direction to the
intersection of parcels D through G, as more specifically shown on the map of
record. The center 20 feet of said easement shall be used for the right of way to
access Lots B and D through F. The remaining width on each side of the right of
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way shall be used for the underground utilities as provided above, and for plowed
snow. Nothing shall be planted in or placed in, upon or under the easement except
the roadway and utilities.
Only the Association may undertake and/or allow for the construction of the
roadway by an owner, and only it may maintain the right of way and utilities, subject
to the requirements hereof. The cost of construction and maintenance shall be paid
pro-rata by the owners as provided in Article Two, above.
The right of way (roadway) shall be constructed in a manner approved by the
Association, but at a minimum, it shall require the removal of the topsoil to a depth
of at least eight (8) inches and a surface of one (~.) inch diameter gravel at least
three (3) inches in depth. The roadway shall be a private road.
2. Irrigation System: An irrigation system is located on the north and south
boundaries of the property. The owner of each parcel shall receive an appropriated
right in the irrigation system and shall pay all assessments levied by Lincoln County
and the irrigation company whether or not the parcel is occupied and/or water from
the system is being used.
ARTICLE SIX
ENFORCEMENT, DURATION AND AMENDMENT
1. Enforcement. The Association, or any owner, shall have the right to enforce, by
proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or by any Owner to enforce any covenant or restriction
contained herein shall not be deemed a waiver of the right to do so at any time
thereafter.
2. Duration of Restrictions. All of the covenants, conditions and restrictions set
forth above shall continue and remain in full force and effect at all times against
the property and the owners thereof, subject to the right of amendment and
modification as provided below, for a period of twenty (20) years, after which time
they shall be automatically extended for successive periods of twenty (20) years.
3. Amendment. This Declaration may be amended during the first twenty (20) year
period by an instrument signed by not less than one hundred (100%) percent of the
parcel owners, and thereafter during the successive twenty year periods by not less
than seventy five (75%) percent of the parcel owners, which must in recordable
form and be recorded in the office of the County Clerk of Lincoln County, Wyoming.
Declarants shall have the right, during such time as they own not less than two (2)
parcels, to change or modify the covenants; and all parcels, including those
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previously sold, shall be subject to such changes and modifications. The
amendments shall be executed by the Declarant and recorded in the office of the
County Clerk of Lincoln County, Wyoming.
4. Violation is Nuisance. Every act or omission, whereby any restriction, condition
or covenant is violated in whole or in part, shall constitute a nuisance and may be
abated by Declarants, their successors in interest, the Association and/or by any
parcel owner, and such remedies shall be deemed cumulative and not exclusive.
5. Construction and Validity. All of the covenants, conditions and restrictions
herein shall be construed together, but if at any time one, or any part of one, is
invalid or becomes unenforceable, no other covenant, condition or restriction, or any
part, shall be adversely affected or impaired, and the Declarants, grantor and
grantee, heirs, successors and assigns shall be bound by these declarations even if
declared invalid or inoperative or is otherwise unenforceable.
6. No Waiver. The failure of the Association or any owner to require strict
compliance and performance of any of the terms, covenants, conditions and
restrictions or to exercise any right or option contained herein, shall not constitute
or be construed as a waiver or relinquishment of any requirement contained in this
Declaration, but rather, they shall remain in full force and effect.
THIS DECLARATION SIGNED AND EXECUTED BY THE DECLARANTS, AS FOLLOWS:
TIMOTH'~ J BO~/IMER, individually and on behalf of
Hobo Ventures, a joint venturey
~ , ~ ' /
DAVID ~ HAN~EN, individually and on behalf of
Hobo Ventures, a joint ventur~
· limothy J Bo~er
lO
STATE OF WYOMING )
)
COUNTY OF LINCOLN )
SS.
The foregoing instrument was acknowled~ed before me by Timo[hy J
Bommer and Vicki K. Rohan this ,.~-- day of ,/Z//~ ? ,200~'-
Witness my hand and official seal.
Notary Public
My commission expires:
RONALD E. ARNOLD
Not~ Public- ~ o(~
MARICOPA COUNTY
My Comm. F_xpims Dec. 16, 200~
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
this
Thf~ foregoing instrument was acknowledged before me by David C. Hansen
Z~ day of ~,,~,,~ ,200~';~
Witness my hand and official seal,
Notary Public
My commission expires
County ot ~.~ State
Teton ~,~11~ Wyomin~
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To-wi t: --
That part of the S1/2 of'Section 27 and the N1/2 of Section 34 of
T36N, Rll9W, Lincoln County, Wyoming, described as follows:
BEGINNING at a point at a fence corner, S44'-34.1'W, 1883.77 feet
from the northeast corner of said S1/2 found as described in the
Certified Land Corner Recordation Certificate filed in the Office
of the Clerk of Lincoln County;
thence S00'-25.1'W, 1305.45 feet along a fence line to an
intersection with the south line of said Section 27, S89"-53.5'W,
1331.59 feet from the southeast corner of said Section 27;
thence continuing S00°-25.1'W, 16.87 feet along said fence line
to a point on an underground pipeline;
thence S89'-32.3'W, 2754.33 feet along said underground pipeline
to a spike in the center-line of the Roberts-Wolfley County Road
No. 12-109;
thence northerly along said center-line as follows:
thence NOl'-41.9'W, 33.88 feet to an intersection with the said
sonth line of Section 27;
thence continuing N01'-41.9'W, 710.47 feet to a spike at the
beginning of a tangent circular curve to the right;
thence northerly, 389.30 feet along the arc of said curve,
throngh a central angle of 19~-45.5', having a radius of 1128.89
feet, to a spike;
thence N18°-03.6'E, 124.30 feet to a spike at the beginning of a
tangent circular curve to the left;
thence northerly, 88.31 feet along the arc of said curve, through
a central angle of 08'-15.2' , having a radius of 613.03 feet, to
a spike, and leave said center-line;
thence N89'-43.0'E, 2671.09 feet along a fence line to the POINT
OF BEGINNING;
ENCOMPASSING an area of 83.95 acres, more or less;
the "points" and "spikes" (monuments) called for in the
description take precedence over the calls for the fence lines
and the pipeline in determining the actual boundaries of the
tract herein described;
this survey included a faithful retracement of the said County
Road; should the center-line of the said County Road be shown to
be in a different location than called for herein, then the
center-line of the said County Road shall be the west boundary
line of the above described tract and the monuments called for
herein shall rule for the direction of the north and south lines
of the tract;
."point" indicates a 5/8" x 24" steel reinforcing rod with a
aluminum cap inscribed: "SURVEYOR SCHERBEL LTD. BIG PINEY, WY
PLS 3889", and other appropriate details, set this survey;
"spike" indicates a 3/8" x 12" steel spike set this survey;
%he section lines as described here~n are those established by
Surveyor Scberbe], Ltd. duo,n9 a survey pe~formed at the request
of the Wyomin9 Game and F~sh Department during 1990 and 1991 as
shown on the plats of said survey to be fi]ed in the said Office;
all in accordance with the plat to be filed in the Office of the
Clerk of Lincoln County titled: "PLAT OF SURVEY FOR C. REID
SANDERSON OF TRACT IN 81/2 SECTION 27 N1/2 SECTION 34 T36N RllgW
28 March 1991
ommer eohd ~