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HomeMy WebLinkAbout916179 ;~¡~!;~~;m~m¡~r -. -.-.,------. .-,.- ''"'' 6 ' :08~1 ,PROTECTIVE COVENANTS. CONDITIONS . AND RESTRICTIONS FOR ELK RIDGE SUBDIVISION WHEREAS Chadwick Land Development, LLC is the sole owner of Elk Ridge Subdivision, a duly platted subdivision located in Lincoln County, Wyoming, the perimeter boundaries of which are described on Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS Chadwick Land Development, LLC (hereafter "Declarant") desires to place certain covenants and restrictions on said subdivision for the benefit and protection of the Declarant as well as those purchasing lots in Elk Ridge Subdivision; and II J' WHEREAS the Declarant intends that this instrument shall define the covenants and restrictions on Elk Ridge Subdivision and, after recording in the office of the Lincoln County, Wyoming, Clerk and Ex-Officio Register of Deeds, this instrument shall provide record notice of said covenants and restrictions to all subsequent purchasers of lots within the Elk Ridge Subdivision. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that all lots in the Elk Ridge Subdivision are subject to the following covenants, restrictions and conditions: I. DECLARATION Declarant hereby declares that all lots in the Elk Ridge Subdivision shall be owned, sold, conveyed, encumbered, leased, used, occupied and developed subject to the protective covenants, conditions, restrictions and easements hereafter set forth. These covenants shall run with the property and bind all parties having any legal or equitable interest in the property; and shall inure to the benefit of every owner of any part of the property. II. DEFINITIONS The following terms and phrases used in these Covenants shall be defined as follows: A. Association. Association shall mean the Elk Ridge Subdivision Homeowners Association, its successors and assigns. B. Board. Board shall mean the Board of Directors of the Elk Ridge Subdivision Homeowners Association. C. Building Restrictions. No buildings or structures shall be permitted within 100 feet of lot fence lines. I. D. Covenants. Covenants shall mean these protective Covenants, RECEIVED 2/23/2006 at 12:11 PM RECEIVING # 916179 BOOK: 612 PAGE: 836 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, wY 031.61.79 ..---"..--.-...---- , 0"'8' ..- JU 37 Conditions, and Restrictions for Elk Ridge Subdivision. E. Declarant. Declarant shall mean Chadwick Land Development,LLC. F. Developer. Developer shall mean Chadwick Land Development, LLC or successors or assigns to whom Chadwick Land Development, LLC transfers or conveys lots in the property for the specific purpose of resale. G. Front Portion. Front Portion shall mean that portion of a lot in Elk Ridge Subdivision between the front of a house and the adjoining road. H. Lot. Lot shall mean a discreet, numbered, subdivided parcel of property as depicted on the Master Plan or Final Plat of the Elk Ridge Subdivision, as recorded in the office of the County Clerk of Lincoln County, Wyoming. Lots 1 and 2 being sold as Phase 1. Other phases will include approximately 8 lots to be on Master Copy to be filed with Lincoln County Clerk in 2006. I. Member. Member shall mean any person or other legal entity who belongs to the Association. J. Owner. Owner shall mean the recorded owner or contract purchaser of an interest in a lot, and does not include those having an interest in any lot as security for the performance of an obligation. K. Proµerty. Property shall mean the real property described in the Master Copy or Final Plat of the Elk Ridge Subdivision as recorded in the office of the County Clerk of Lincoln County, Wyoming. III. ELK RIDGE SUBDIVISION HOMEOWNERS ASSOCIA nON A. Membership. Every owner of an interest in a lot shall be a member of the Association. Membership in the Association shall be appurtenant to each lot, and shall not be subject to severance from the ownership of such lot. B. Member Annual Meetings. The members of Elk Ridge Subdivision Homeowners Association shall meet annually on March 31 at 7:00 p.m. (or at 7:00 p.m. on Apr. 1 if March 31 falls on a Sunday) at the place of residence of the then serving president of the Association. The purpose of said annual meeting shall be to elect directors to fill vacancies as then exist on the board of directors. C. Member Quorum and Voting Requirements. Regardless of the number of members of the Elk Ridge Subdivision Homeowners Association, voting at member meetings shall be done by lot, with each lot entitled to ~~iliiliili~m~mu 09161.79 ~ :;~;~~m~~1;¡mlijj:¡ f'\nS38 \.} \..: . one vote regardless of the number of individuals who may own an interest in the lot. There shall be no quorum requirements for the membership meetings and the affirmative vote of more than half of the lots represented at the meeting shall be the act of the Elk Ridge Subdivision Homeowners Association. Lots approved on Master Plan, though not being on Final Plat shall be entitled to 1 (one) vote per lot. D. Directors. The Board of Directors of the association shall be elected by the members as above provided. The Board of Directors shall consist of five individuals. With the exception of the initial directors, all directors shall be members of the Elk Ridge Subdivision Homeowners Association. Except for the initial directors, individuals who are not members shall not be eligible for election to the Board of Directors. E. Directors Annual Meetings. The Board of Directors of Elk Ridge Subdivision Homeowners Association shall meet annually on the same day at the same location as the members, the Board of Directors meeting to immediately follow the member meeting. F. Director Quorum and Voting Requirements. Three or more directors shall constitute a quorum for purposes of Board of Directors meetings and a vote of the majority of a quorum shall be the act of the Board of Directors. G. Officers. Officers of the Board of Directors shall also be the officers of the association. Officers shall be elected by the Board of Directors at the Board's annual meeting and shall serve a tenn of one year, until the Board's next annual meeting. Interim vacancies shall be filled the Board. Officers shall be as follows: 1. President. The president shall preside at member and director meetings and shall have the powers and duties customarily attendant to those of the chief executive officer of a corporation. 2. Secretary. The secretary shall take, keep and maintain minutes of the meetings of members and directors; shall give notice of special meetings of the directors; and generally shall keep and maintain all books and records of the Association and the directors except financial books and records. 3. Treasurer. The treasurer shall notifY members of the amount of and due date of annual assessments; collect and deposit said assessments; account for all funds received and disbursed; disburse funds as ordered by the Board; and generally mflnflEe the financial affairs of the Association. 091.61. 79 OnSng \ \.: j R Initial Board of Directors. The initial Board of Directors shall consist of Kerry Chadwick and Suzy Chadwick of whom are property owners. Kerry and Suzy Chadwick shall serve until March 31, 2007, and their successors shall be elected at the March 31, 2007 meeting of the members. I. Directors' Terms. Except as provided to the contrary in Paragraph H above all directors shall serve two terms. J. Regular Meetings of Directors. In addition to the annual directors meetings, as above provided, the directors shall also meet as often as necessary to carry on the business of the Board in a timely manner. The Board of Directors may adopt a regular meeting schedule by resolution. Otherwise, meetings shall be called by the President, who shall provide at least seven (7) days notice of the time and place of all meetings. Meetings also may be called in the same manner by two or more directors. K. Board Duties. 1. The Board of Directors shall formulate such bylaws for operation and procedural resolutions for operation as are necessary or desirable to carry out the general intentions and instructions provided by these covenants. 2. The Board of Directors shall monitor and enforce compliance by owners with these covenants. Regarding monitoring and enforcing compliance, the Declarant draws the attention of all owners, members and prospective members to the fact that no assessment will be made against property or members by the association for any purpose other than repair and maintenance of Elk Ridge Road. Therefore the Board of Directors will have no budget for conducting the business of monitoring and enforcing these covenants. Enforcement actions shall be taken as follows: a. When the Board of Directors becomes aware of an actual or potential violation or breach of these covenants the Board of Directors shall notify in writing the owner(s) of the lot on which the actual or potential violations are occumng. b. If the owner(s) disagrees with the Board of Directors' conclusion that an actual or potential violation or breach of the covenants has or will occur the owner may request a meeting with the Board of Directors to discuss and resolve the matter. When 11 meeting is requested it shall be scheduled by the President of the Board of Directors ~:¡ ~':'~:'::¡;:"'; .., J;:;:.:.. r.;:¡;:;'~; ':I!i¡i;i;~mI:i~',·': .. ..--.---.-----.-,.---,..-- ----~_., , _____,.. _n_ 091.6179 00840 at the earliest convenient time for the Board and the owner. c. If the owner does not request a meeting, or if a meeting is held but the owner does not thereafter cure any violation or cease a course of conduct that is or may result in a violation then the Board of Directors, or any of its members, or any other member of the Elk Ridge Subdivision Homeowners Association, may enforce these covenants, conditions, and restrictions by court action, employing any and all available legal and equitable remedies. d. Attorney fees and costs incurred in enforcing these covenants, conditions, and restrictions shall initially be born by the party or parties who bring the enforcement action. However, if any relief sought in an enforcement action is granted to the party or parties who initiated the action then judgment for all costs and attorney fees incurred in the action shall be entered against the party who failed to abide by these covenants, conditions, and restrictions. Further, said judgment shall be a lien on the lot or lots where the noncompliance occurred, regardless of record ownership of said lot or lots. If it becomes necessary to enforce the lien, enforcement shall be done in the same manner as enforcement of a judgment lien and the amount of the attorney's fees and costs incurred for enforcement shall be added to the amount of the lien. 3. As shown on the Final Plat of Elk Ridge Subdivision, Elk Ridge is a private roadway with a perpetual non-exclusive right-of-way granted to each lot owner. Because Elk Ridge Road is private the Association shall have the duty of maintaining and repairing it. To provide funds for maintenance and repair the Board shall proceed as follows: a. Maintenance Fund Procedure -By November 1 of each year the Board shall determine the amount of money that will be required in the following year for maintenance and repair of Elk Ridge Road. -By December 1 of each year the Board shall notify each lot owner of their pro-rata share of said amount. Lot owners of uninhabited (meaning no residence on lot) lots will not be required to pay snow removal. i¡, O~1.6179 CQC841 -By March 1 of the following year each lot owner shall pay his/her pro-rata share to the treasurer of the association. -By March 15 of the following year the treasurer shall report all payments and delinquencies to the Board. Lot owners are expected to pay their annual pro-rata shares of maintenance and repair costs voluntarily, without notice beyond the notice required herein. Shares not paid by March 15 of the year following the notice, as above provided, shall be lien against the lot for which payment has not been made. Said lien may be perfected by filing an appropriate Notice of Lien against the lot in question. In the event the Board incurs any costs or fees for the notice of lien and! or for any action to enforce the lien. the amount of such costs and fees shall be added to and included in the lien against the property. Said lien may be foreclosed and satisfied by appropriate judicial process. b. Provisions Automatically Void This section III. K.3. Of these covenants shall become void and shall be of no further force and effect upon acceptance of ownership of Elk Ridge Road by Lincoln County. IV. ELK RIDGE SUBDIVISION COVENANTS, CONDITIONS, AND RESTRICTIONS A. Approval of Plans. Plans and Specifications for all construction, improvements and alterations shall be in conformity with the terms and conditions hereof and a copy of same shall be submitted to the Board of Directors for approval prior to commencement of construction. The Board of Directors shall have a reasonable amount of time to act on such plans and specifications. Building authorization granted by the Board shall be conclusive evidence that the authorized construction, improvement or alteration complies with these covenants, conditions and restrictions. All construction must be completed within eighteen months of commencement. B. Land Use and Building Type. Only new construction or alteration of existing construction shall be permitted. The property shall be used for residential purposes only. No building shall be erected, altered, placed or permitted to remain on the property other than one single family dwelling, ~11i~~~m~!~;~~:: :~J O~1.6179 ... ::m~~~~~mr¡I~~~: ::!; .. _'n.. _.... -.---- -"._- 00842 a private garage which may be separate from the dwelling, additional out buildings not to exceed 1,500 square feet in area. No modular or manufactured housing is permitted. 1. No galvanized metal roofs shall be allowed. 2. All homes must have a minimum of fourteen-hundred (1400) square feet ofliving space on the ground floor, exclusive of garages and porches. C. Nuisances. No noxious or offensive activity shall be carried upon any property, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other owners in the enjoyment of their property. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices shall be placed or used upon any property, except for those devices designed and installed to protect the security of the properties and improvements located thereon. D. Prohibited Activities. No business, commercial, or manufacturing enterprise, or any enterprise of any kind or nature that will generate any additional customer traffic in Elk Ridge Subdivision, whether or not conducted for profit, shall be operated, maintained or conducted on or in property in the Elk Ridge Subdivision. Further, no dwelling or any part thereof may be used as a boarding or rooming house, provided, however, that the main dwelling on any lot within the Elk: Ridge Subdivision may be leased by the owner for use as a singe family dwelling. E. Prohibited Structures. No trailer home, mobile home, camper, garage, outbuilding, or any other structure of a temporary or mobile nature, shall be used in the area as a place of residence or habitation, either temporarily or permanently, except as the same may be customarily employed by contractors for and during the construction of improvements thereon. The term "trailer home" or "mobile home" as used herein shall mean any building or structure with wheels and/or axles; and any vehicle used or constructed so as to permit its being used for transport upon the public streets or highways and constructed in a manner as to permit occupancy thereof as a dwelling or a 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. F. Signs and Lights. Except with the written consent of the Board of Directors as to dimensions or purpose, no signs or exterior lights of any character shall be placed or maintained on any lot except: ..,.._._----~- 091.6179 C00843 1. A sign identifying the owner or occupant thereof, no dimension of which exceeds three (3) feet. Said signs shall not be illuminated unless affix~d to the exterior of the main dwelling. 2. Any light used to illuminate parking areas, grounds, or used for any other purpose shall be arranged as to reflect the light away from any adjacent or nearby properties and away from the vision of passing motorists. 3. Christmas lights and ornaments will be pennitted during the holiday season. G. Excavation and Mining Prohibited. No excavation for stone, sand, gravel, or earth shall be made upon any property except for such excavation as may be reasonably necessary for the construction, reconstruction or alteration of any improvement. H. Livestock. Livestock will be limited to horses and/or cattle. No more than five (5) horses and ten (10) cattle per lot, other types of livestock and .amounts may be approved by the Board. 1. Vehicular Restrictions. No vehicles, trailers, motor homes, horse trailers, or any other means of conveyance, wheeled or otherwise and of whatsoever kind or nature, including but not limited to water craft, whether for the carriage or transport of persons, animals or materials, and whether motor-powered or otherwise, shall be parked on Elk Ridge Road at any time. No vehicle of a size larger than a now standard American manufacture motor car or pick-up truck, and no vehicle the primary use or design of which is for the transportation of passengers for hire, and no vehicles intended to be used primarily for sport, commerce or industry, such as trucks, campers, house trailers, buses, boats and boat trailers, snowmobiles and snowmobile trailers, tractors and other fann implements shall be parked or maintained on any part of the Front portions, driveways, or other ways of access in the area of any lot for a continuous period of more than forty-eight (48) hours, unless such vehicle or equipment is placed in a garage. J. Utility Services. All electric power and telephone service lines and all Other utility services shall be underground or located inside the boundaries of buildings. Fuel storage tanks must be buried, and butane, propane and other liquefied petroleum gas shall not be used for fuel unless the storage facilities therefore are adequately screened or otherwise concealed to the satisfaction of the Board. Declarant reserves all rights to utilities, no property owner shall allow persons beyond their property to connect to their utilities with the exception of Declarant. K. Waste Disposal and Trash. The use of exterior garbage containers shall ~lliililliWiWi:i: :'N..~q~:<··, ~:::;::?k;(-I¡:::,: >"· 'h,'?~I,t", , 091,61. 79 "1"'1"'8 ., ,:.,', 114 .. '-." ...: -::t be restricted to the disposition of household waste and garbage. No garbage, trash, brush piles, rubbish, junk, inoperative vehicles, including trailers as defined in the contexts of these covenants, and no other unsightly items of property or waste shall be collected, placed or permitted to accumulate on any property. Owners and occupants shall do everything necessary or desirable to keep their lots neat and in good order. If an owner or occupant permits any such rubbish, debris, or trash to remain upon its lot then the Board, or such person or persons as the Board may from time to time designate, may enter upon the property and may remove the same therefrom or otherwise cause compliance herewith and such owner or occupant shall forthwith upon such entry be liable to the Board for the full cost of enforcing compliance herewith and such cost shall be a lien against the property. Any entry for said purpose shall not be deemed to be a trespass upon the property. Andthe decision of the Board shall be conclusive as to whether or not this covenant has been violated; provided, however, that notice of any violation thereof shall have been given the owner and/or occupant in writing not less than ten (10) days prior to any such entry. L. Utility Easement. Easements for installation and maintenance of utilities Are reserved and are shown on the Final Plat of Elk Ridge Subdivision. No structure shall be placed or permitted to remain within the limits of the easement which may endanger or interfere with the installation and maintenance of utilities. M. Landscaping. Declarant understands that to an extent landscaping is a matter ofindividuaI preference. Conversely, poorly landscaped lots are detrimental to the interests of other owners in the subdivision. It is Declarants intent to require landscaping but to avoid being overly restrictive. N. Limited Liability. Neither the Declarant, the Board, any member of the Board, any Board representative, nor any officer, shareholder, agent or employee of Declarant, shall be liable to any owner or other person for any action or for failure to act with respect to any matter if the action taken or failure to act was in good faith. The Board shall release, hold hannless, defend and indemnify every present and former officer and director of the Board and every present and former Board representative against all liabilities incurred as a result of holding such office, to the full extent permitted by law. V. MISCELLANEOUS A. Non- Waiver. No delay on the part of the Declarant or any other person in the exercising of any right, power, or remedy constrained herein shall be construed as a waiver thereof or acquiescence therein. !.. 091.61. 79 ~íJ¡;m¡W¡¡:i:~~~ ( ''''''845 ~' , 1.; I ~.... ,.: \,: B. Modification. These restrictions may be modified or amended by a majority of members of the Elk Ridge Subdivision Homeowners Association, voting by lot as provided in Section ill.C. above. C. Severable. These restrictions shall be severable and if any be held unenforceable by any court of competent jurisdiction, all remaining restrictions and covenants herein set forth shall remain in full force and effect. D. Assignment of Declarant's Interest. Any and all of the right, title, lnterest and estate given to or reserved by the Declarant herein or on the Plat of the Elk Ridge Subdivision may be transferred or assigned to any person, finn or corporation by appropriate instrument in writing dilly executed by the Declarant and recorded in the office of the County Clerk of Lincoln County, Wyoming, and wherever the Declarant is hereby referred to such reference shall be deemed to include its successors and assIgns. Chadwick ¥ ~(Q ~¿~ Suzy Chadwick STATE OF WYOMING; : ss. COUNTY OF LINCOLN; The foregoing instrument was acknowledged before me this~fld. day of flL, ~ . Witness my hand and official seal. ~dirmkwd cJ OTARY PUBLIC My commission expires -l~~q BRANDle MCDONAlD NOTARY PUBLIC COUN1Y OF. STATE OF LINCOLN. . WYOMING MY COMMISSION EXPIRES F!8~~,,_ ' ~~fi~ilii!m!~ ¡ j:i ~~;..