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Home My WebLink About918126 '-t-- C00100 ALPINE VILLAGE SUBDIVISION NO. 1, PLAT 3, AMENDED, SIXTH FILING c Z :::0 o ro m ~ O;:o~ Z om- o ?:'o< o mm cffi~<C z»~zc.n ~z G)Õõ OZ ~N r m 0 -m~-oCDg J;:O»»~Q) ,=" G) G) 00 - THIS DECLARATION is made by Deborah Ann Sender (formerly known as Debor .'\ ~ Z f1:I ~ = Ann Paulsen), Trustee of the Paulsen Family Trust dated August 12, 1994, of P.O. Box 3263,·~ gJ ~ Ø) ~ Alpine, Wyoming 83128 (hereafter "Sender"); James R. Byars and Nadine F. Byars, husbant\ s:: 0 » and wife, tenants by the entireties, of P.O. Box 399, Rock Springs, Wyoming 82902 (hereafte(' g} š: "Byars"); Freedom Investments, LLC, a Wyoming Limited Liability Company, P.O. Box 16161 ~ Afton, Wyoming 83101 (hereafter "Freedom Investments"); and David Lomeli and Stephanie M. ~ Lomeli, husband and wife, P.O. Box 3872, Alpine, Wyoming 83128 (hereafter "Lomeli"); (aH hereafter jointly "Declarants"). _______ DE CLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOT~ 91, 92, 93, 94, AND 95 WHEREAS, Sender is the owner of that portion of the real property that was described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming in Book 257 PR at Page 514 that is now identified as Lots 91 and 92 of Alpine Village Subdivision No.1, Plat 3, Amended, Sixth Filing, according to the plat that was recorded March 2, 2005 as Plat No. 96-D; and WHEREAS, Byars is the owner of real property described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming in Book 608 PR at Page 538, said property being Lot 93 of said Alpine Village Subdivision No.1, Plat 3, Amended, Sixth Filing; and WHEREAS, Freedom Investments is the owner of real property described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming in Book 608 PR at Page 540, said property being Lot 94 of said Alpine Village Subdivision No.1, Plat 3, Amended, Sixth Filing; and WHEREAS, Lomeli is the contract purchaser from Sender of real property described in the Notice of Real Estate Sale / Purchase Agreement that was recorded in the land records of Lincoln County, Wyoming in Book 597 PR at Page 22, said property being Lot 95 of said Alpine Village Subdivision No.1, Plat 3, Amended, Sixth Filing; and WHEREAS, Lots 91, 92, 93, 94, and 95 comprise all of the properties within Alpine Village Subdivision No.1, Plat 3, Amended, Sixth Filing (hereafter jointly the "Subdivision Property"); and ALPINE VILLAGE SUBDIVISION NO. 1, PLAT 3, AMENDED, SIXTH FILING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOTS 91, 92, 93, 94, AND 95 PAGE 1 OF9 i:1~:~:::::N::*¡';:: ~~:~;. ~.: [¡~~1~m~m~i~;~~f:: 091.81.26 000101 WHEREAS, Declarants desire to impose upon beneficial protective covenants, conditions, restrictions, charges fot said Subdivision Property; and the Subdivision Property mutually reservations, easements, liens, and WHEREAS, Declarants hereafter agree that they will hold and convey the Subdivision Property subject to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges as hereinafter set forth. NOW, THEREFORE, Declarants hereby declares that all of the Subdivision Property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following protective covenants, conditions, restrictions, reservations, easements, liens, and charges, all of which are for the purpose of mutually benefiting the owners of Lots 91, 92, 93, 94, and 95, said lots comprising the Subdivision Property. These protective covenants, conditions, restrictions, reservations, easements, liens, and charges shall run with the real property comprising the Subdivision Property, and shall be binding upon all parties having or acquiring any right, title, or interest in said Subdivision Property, or in any part thereof, and shall inure to the benefit of all of the real property comprising the Subdivision Property and all present and future owners of said Subdivision Property (hereafter, the "Lot Owners"). 1. following: APPLICABLE PROVISIONS. The Subdivision Property shall be subject to the a. All protective covenants, conditions, restrictions, reservations, easements, liens, and charges set forth in the Alpine Village Realty, Inc. Declaration of Covenants Conditions and Restrictions, as amended, that are applicable to Alpine Village Subdivision; b. All protective covenants, conditions, restrictions, reservations, easements, liens, and charges that are set forth on the plat of the Subdivision Property, said plat being that referenced above (hereafter, the "Plat"); and c. The protective covenants, conditions, restrictions, reservations, easements, liens, and charges set forth herein. 2. LOT OWNERS' ASSOCIATION. The Lot Owners comprising the Subdivision Property shall, by virtue of their ownership of a Lot within the Subdivision Property, be members of a Lot Owners' Association that is hereby created for the sole purpose of carrying out the covenants, conditions, restrictions, reservations, easements, liens, and charges set forth herein. The Lot Owners' Association shall have one class of voting member, and the owner or owners of each Lot shall have one single vote for each Lot. The Lot Owners' Association shall be responsible for determining and establishing the reasonable means for carrying· out the responsibilities of the Lot Owners' Association as provided herein. ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3, AMENDED, SIXTH FILING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOTS 91, 92, 93, 94, AND 95 PAGE 2 OF 9 · -... .~. ~~.,-- . ._-~-~~. -.,..,. ..._.. .," ......-...... .. ..', -,',......... ..,..". »......... -. -,. . ~~.._..,....-...c.. ..,.~...··~_..,.-I.u... ...,.~"'---'-_+...__ 091.8126 COC1î2 3. WELL AND WATER LINES. The Lot Owners' Association and the Lot Owners shall operate, maintain, repair, and replace the common well and water storage tank that are shown on the Plat and waterlines within the Subdivision Property in accordance with the following: a. The Lot Owners' Association shall be responsible for operating, maintaining, repairing, and replacing the common well, water storage tank, and all water lines within the roadways that are shown on the Plat, and for all costs associated therewith, including electrical charges, necessary to operate and maintain the well, water storage tank, and waterlines in a good state of repair so that the water remains potable and fit for human consumption. The Lot Owners' Association shall allocate to and asses to each Lot Owner a proportionate share of said costs based upon percentage of water used. Initially, and subject to change only upon approval of 3/5 of the Lot Owners, the Lot Owners' Association shall assess each Lot Owner monthly as follows: $7.50 per each 3/4" line; $15.00 for each I" line; $30.00 for each 11/4" line; and $40.00 for each 1 1/2" line. Actual costs shall be determined semi-annually, in May and October, shall be divided among the Lot Owners on the basis of use (electricity cost divided by number of gallons used by each Lot Owner), and thereafter, shall be assessed to and billed to each Lot Owner. Any assessment billed to a Lot Owner shall be deemed late and assessed a late fee of 1.5% per month if not paid within 30 days from receipt. b. No funds collected from assessments from Lot Owners for the common well, water storage tank, and all water lines within the roadways that are shown on the Plat shall be used for any other purpose than operating and maintaining said well and waterlines in a good state of repair so that the water remains potable and fit for human consumption without the unanimous approval of all Lot Owners. c. Each Lot Owner shall maintain, at the Lot Owner's expense, an individual meter for each Lot sufficient to determine accurately the water usage for each Lot. d. Each Lot Owner shall pay all costs associated with the installation of, and operation, maintenance, repair, and replacement of all waterlines with each Lot; provided, however, that if any Lot Owner fails to maintain Lot water lines in a good state of repair so that the water remains potable and suitable for human consumption, the Lot Owners' Association may take actions necessary to maintain the integrity of the well and waterlines either by making necessary repairs and assessing the Lot owner for those costs, or by terminating water flow through the Lot's waterlines until the waterlines are brought to a state of repair sufficient for the water to remain potable and suitable for human consumption. 4. ROADWAYS. The Lot Owners' Association and the Lot Owners shall operate, maintain, repair, and replace the common roadway shown on the Plat ("common roadway" meaning the existing access to the properties from U.S. Highway 26 and the road serving Lots 91,92,93, and 94, but not the road from the existing access from U.S. Highway 26 to Lot 95 that is known as "Chalet Drive") and other roadways in accordance with the following: ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3, AMENDED, SIXTH FILING DE CLARA TlON OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOTS 91, 92, 93, 94, AND 95 PAGE 3 OF 9 fo:::~*::~::%:m:::;: ~~~~!;ill:l;;; ~i¡¡:¡~~i;nJ~~~ '¡it!.ti'4\'¡'.",."f..,} ~ II ~.4¡~.',..'t· I· " <'.' ::l~;~f::::~:::::±:;; ¡¡'_':~~~~~¡ni1tiIWm -,-,~ --.--....... ._-'.~---"'.'_.._-'.'."._-'."~"'. ..~'..'--.'- , ., , .. .. ,.'''' -- .. ,.,'.--..........,...~.... CO('103 091.8126 a. The Lot Owners' Association shall be responsible for operating, maintaining, repairing, and replacing the common roadway shown on the Plat, and for all costs associated therewith,·· specifically including the costs of snow removal, that are necessary to keep the roadway in a reasonable state of repair and passage. The Lot Owners' Association shall allocate to and assess to each Lot Owner a proportionate share of said costs; provided, however, that no Lot Owner shall be assessed for the costs of snow removal until that Lot Owner begins improvement of a Lot. b. Each Lot Owner shall pay for all costs associated with the installation of, and operation, maintenance, repair, and replacement of any roadways within each Lot. c. Each Lot Owner shall be responsible for any damage to the common roadway that is caused by heavy equipment that is used by the Lot Owner or a Lot Owner's agents, employees, or contractors in the course of making improvements to any Lot. 5. SIGNS. Each Lot Owner may maintain one (1) sign on the existing sign post on Lot 95 at the entrance to the Subdivision Property at U.s. Highway 26. The erection of such signs shall be subject to the following: a. Except for the existing sign benefiting Lot 95, the erection of any sign by the Lot Owners of Lots 91, 92, 93, or 94, and the erection of any replacement sign by the Lot Owner of Lot 95, shall comply with any and all review and approval requirements of applicable governing bodies, including but not limited to Lincoln County, Wyoming. b. Unless a variance is obtained allowing larger signage, no new sign shall exceed one-fifth (1/5) of the maximum signage dimensions allowable under applicable governmental regulations. c. All costs of erecting, maintaining, repairing, and replacing any sign shall be the responsibility of the Lot Owner erecting the sign. d. No Lot Owners shall erect any sign that blocks or in any manner obscures from view a previously erected sign. 6. PROffiBITED ACTIVITIES. No Lot Owner shall operate or allow to be operated on a Lot any of the following activities: car wash; automobile dealership; auto body or repair shop; bar, except in conjunction with a restaurant where the primary focus is the serving of food. No Lot Owner shall use or allow to be used any Lot for the raising of any livestock, which shall be deemed to be any animal not customariÌy kept as a household pet. 7. COMPLETION OF CONSTRUCTION. Any building erected on any Lot shall be completed within twelve (12) months of commencement of construction. ALPINE VILLAGE SUBDIVISION NO. 1, PLAT 3, AMENDED, SIXTH FILING DECLARA TION ÒF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOTS 91, 92, 93,94, AND 95 PAGE 4 OF 9 / . -.-.__.~--_..-....- ,..-. .'_--~,_.-,.._~"-..,,,,.- ",. '. ......~. -_.~.,... ".--" ..-..',~",.......'...-._ ---0 ,...,'...,....'.-. ,-."...-_,'...,.,....'>;,.. 091.8126 f"I...'{\ll....'4 'I.., Ut J 8. ANNUAL MEETING AND ASSESSMENTS. The Lot Owners' Association shall meet annually, in June of every year, to determine the costs to be assessed to each Lot Owner as provided herein. Upon the approval of not less than two-thirds (2/3) of all of the Lot Owners, additional assessments may be made in order to create a reserve account from which to pay expenses incurred for the well and waterlines and the roadway as provided herein; provided, however, that such additional assessments shall not, without unanimous approval of the Lot Owners, exceed one-half (1/2) of the costs assessed for the previous year. The Lot Owners shall, by majority vote, select a Lot Owner or owners, or such third party as the Lot Owners shall approve, to manage the accounting of costs assessed and to pay those costs from bank accounts maintained by the Lot Owner's Association for such purposes. Any Lot Owner may have access to the accountings and to the bank records at any reasonable time. 9. AMENDMENTS. The Lot Owners may amend this Declaration by two-thirds (2/3) vote; provided, however, that no amendment hereto may be inconsistent with the Phit and the requirements set forth thereon or with the Alpine Village Realty, Inc. Declaration of Covenants Conditions and Restrictions, as amended, that are applicable to Alpine Village Subdivision. 10. ENFORCEMENT. Each Lot Owner shall comply with the provisions set forth herein. Failure to do so shall be grounds for an action to recover sums due or for damages and/or injunctive relief, and or for both, and the failure of a Lot Owner to pay any amounts assessed will be and shall constitute a lien upon that Lot Owner's Lot. Any Lot Owner shall have the right to enforce the provisions of this Declaration, and if enforcement action is successful, either by a legal action in a court or otherwise, such Lot Owner seeking enforcement shall be entitled to reimbursement of all costs, including reasonable attorney's fees, against the Lot Owner failing to comply with the provisions set forth herein. 11. GOVERNING LAW. This Declaration shall be governed by and construed in accordance with the laws of the State of Wyoming. 12. ALPINE VILLAGE SUBDIVISION CC&Rs. The protective covenants, conditions, restrictions, reservations, easements, liens, and charges contained herein are subordinate to the Alpine Village Realty, Inc. Declaration of Covenants Conditions and Restrictions, as amended, that are applicable to Alpine Village Subdivision. 13. EFFECTIVE DATE. This Declaration shall take effect when recorded in the land records of Lincoln County, Wyoming. IN WITNESS WHEREOF, the undersigned Declarants have duly executed and delivered this Declaration. [Separate signature pages follow.] ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3, AMENDED, SIXTH FILING DECLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOTS 91, 92, 93, 94, AND 95 PAGE 5 OF 9 ~~~;¡+! .~~ ..-' '}.. ~~'r!1fifu~'f~\"$.·,~, !:~~::::ii~~1:;i:¡ O'J) :'t: :~ ~i~~llii~ti;m~m ~!;: mlf¡¡¡I~il¡!~;~m;1~~~¡ -,_~_,__. ..__..._"__.,..._,._, _n_ 09181.26 r ..... 0 1 '.' 5 \ L;' i - \.... '.. \. DEBORAH ANN SENDER, TRUSTEE / (foÚnerIy known as Deborah Ann Paulsen) of the Paulsen Family Trust dated August 12, 1994 STATE ~;~WYOMING ) l~~~i~' .. . ) SS. COUNT~ OF LINCOLN ) . . d '~. ACKNOWLEDGED before me on the Z .d day of 1"'0.;1 ., 2006, by Deborah Ann Paulsen (now known as Deborah Ann Sender), who being uly sworn and under oath, acknowledged that she signed the foregoing Declaration as Trustee of the Paulsen Family Trust dated August 12, 1994, acting for and on behalf of said Trust pursuant to authority provide to the Trustee therein. WITNESS my hand and official seal. .. SE!1'HC.JI:NKINS NOTARY PUBLIC C.·.OUNTY OF <I STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES JUNE 17 2009 .AC. NOTARY PUBLIC My Commission expires: ~ -\7-2C()~ ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3, AMENDED, SIXTH FILING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOTS 91, 92, 93, 94, AND 95 PAGE 6 OF 9 - ---.--- ,.. . -'-- .---- .-,..-. -- -.-..-, ...·__.__n____....., ,. __, __..._..,_ 091..8126 e00.1(6 J1 M ~~.ß ~A'IA.h. NADINE F. BYARS STATE OF WYOMING ) ) SS. COUNTY OF SWEETWATER ) ¡ r t \ <~Ç~Q.' O~EDGED before me on the~~ay of ~ ij~h(adlße F. Byars. ..~:\~'. , RES~·myhand and official seal. ...,. ~ : ;. i ." ::' :',1; ,'- .:'1 ,2006, by James ..., .,,,. ~," / ,.' , l .., My Commission expire~ r-;:t-? r ð ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3, AMENDED, SIXTH FILING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOTS 91, 92, 93, 94, AND 95 PAGE70F9 ~11~jm~{I~ ,-f¡ :~~~~:;~~m ,:·:·:·::~~·:!:~:t:;· ¡:~;~~i~;fi;!~~mm~it~¡ .,._._.___ _,.__ ....._, __'.____.m'...___~. _ . _.____"__.,. --.-. ,..,. ,..-.--.-... -,. ...-.-..--, .-.,.'.. ._-~,-----.........._._~-~-......,_-_..__. _, '·__·_.'.M_._".". .. _~'~..' .,..',.._......._.~ 09:t8126 ~ ,:-:lQ 1;,"; 7 FREEDOM INVESTMENTS, LLC, a Wyoming Limited Liability Company STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) . ACKNOWLEDGED before me on the JL day of ~ ' 2006, by Dennis L. Hale, who being duly sworn and under oath, acknowl dged that he signed the foregoing Declaration as Managing Member of Freedom Investments, LLC, a Wyoming Limited Liability Company, acting for and on behalf of said Company pursuant to authority provide to him as Manager. WITNESS my hand and official seal. ~~~ . OT ARY PUBLIC My Commission expires: ~ß dOOb ,¿ ::-Ç:::~.,~',.a._~~;:...,-':'"~.<'-.~ . JANICE K. EARHART NOTARY PUBLIC " Coynty of State of Lrncoln Wyoming My Commission Expires August 13, 2006 ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3, AMENDED, SIXTH FILING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOTS 91, 92, 93, 94, AND 95 PAGE 8 OF 9 ~- .. -_._-~-,---- --- -- -----------.--, -. ----, '--'---"-_. ---: -. ---------~__ ·-_~___·_'.~·..n_C . . . -.". .., ._,....' . .- . " . -- . . .... -..-.~..., -' 091..812f> r.nnlt8 ~ \.~., -- .~ STATE OF WYOMING ) ) SSe COUNTY OF LINCOLN ) ACKNOWLEDGED before me on the -1!i.- day of i ~ Lomeli and Stephanie M. Lomeli. , 2006, by David WITNESS my hand and official seal. LAURA L. AXFORD - NOTARY PUBLIC County of Lincoln My Commission Expires State of Wyoming My Commission expires: L./_ f¿,-0'1 ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3, AMENDED, SIXTH FILING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO LOTS 91, 92, 93, 94, AND 95 PAGE 9 OF 9 :::::I·~:: ;;::j:*i:~ $i·~~!t9