HomeMy WebLinkAbout918634
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This Declaration of Covenants, Conditions, and Restrictions (DCCR's) regulating and
controlling the use and development of certain real property as hereinafter described as
Lots 6-9 of the Palisade Pines Amended Subdivision made to be effective as ofthe 16tb
day of~, 2006, ("Declaration") by, Northstar Corporation, a Wyoming corporation
with principal place of business located at 111659 Highway 89, Alpine, Lincoln County,
Wyoming (mailing address: PO Box 3048, Alpine, WY 83128), hereinafter referred to as
"Declarant", the Owners of Lots 6 through 9 of Palisade Pines AmendedSubdivision
("The Subdivision") in accordance with the plat to be filed for record in the Office of the
Lincoln County Clerk in Lincoln County, Wyoming, ("The Plat"), which shall hereinafter
be referred to as the "Property". The Property is of high scenic and natural value, and
Declarant is adopting the following DCCR's to preserve and maintain the natural
character and value of the Property for the benefit of all Owners of the Property or any
part thereof.
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C00747
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DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF
PALISADE PINES AMENDED SUBDIVISION
NOW, THEREFORE, Declarant hereby declares that all of the Property described
shall be owned, held, sold, conveyed, encumbered, leased, used, occupied, and developed
subject to the following easements, restrictions, covenants, and conditions, which are for
the purpose of protecting the value and desirability of, and which shall run with the
Property and be binding on all parties having any right, title, or interest in the Property or
any part thereof, their heirs, successors and assigns and shall inure to the benefit of each
Owner of any part thereof.
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ARTICLE 1 - DEFINITIONS
"Association" shall mean and refer to the Palisade Pines Amended Lot / Home
Owners Association and its successors and assigns.
"Board" shall mean the Board of Directors of the Association established to
administer and enforce the terms and conditions of this Declaration as set forth
herein.
"Common Areas" shall mean the private roadways within the Property, which
provide access to individual lot lines from U.S. Highway 26, easement rights to
use of Jordan Canyon Road, walking trails and the open space areas, all as
designated on The Plat.
"Common Services shall mean the road maintenance and any snow removal /
storage services for the Common Areas, and utility lines maintenance and repair
services, if any, for utility lines located in the rights-of-ways of such roads.
"Common Water System" shall mean North Alpine Improvement Service District.
"Declarant" shall mean and refer to Northstar Corporation, a Wyoming
Corporation.
"Lot" shall mean and refer to lots 6-9 which are single-family residential plots of
land. All of Palisade Pines Amended Subdivision, which encompasses lots 6-9, is
zoned mixed use by Lincoln County. All lots are described above and shown
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0918()34
C00748
upon that certain recorded'subdivision plat of the Property filed by the Declarant
in the Office of Lincoln County Clerk.
8. "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot, including contract buyers and Owners
of a beneficial interest. but excluding those having such interest merely as
security for the performance of an obligation.
9. "Principal Residence" shall mean the single family residential Structure,
constructed on any Lot of the Property, which is the principal use of such Lot, and
to which the other authorized Structures on such Lot are accessory.
10. "Property" shall mean and refer to the certain real property known as the Palisade
Pines Amended Subdivision. in accordance with the plat to be filed for record in
the Office of the Lincoln County Clerk in Lincoln County, Wyoming, as Plat No
_, and such additions thereto as may hereafter be brought with the jurisdiction
of the Association. ,
11. "Structure" shall mean anything built or placed on the ground, excluding
electrical transformers, telephone equipment and fences.
ARTICLE II - PROPERTY RIGHTS
1. Owner's Easements of Enjoyment. Every Owner shall have the right and
easement of enjoyment in and to the Common Areas, which shall be appurtenant
to and shall pass with the title to every Lot, subject to the following provisions:
a. The right of the Association to charge reasonable assessments for the use
and maintenance of the Common Areas and Common water system, as
hereinafter set forth.
b. The right of the Association to es'tablish rules and regulations. including
speed limits, for the use of the Common Areas and to impose reasonable
sanctions for the violations of the published rules and regulations.
c. The right of Declarant and their heirs, successors, assigns and invitees to
use of the Common Areas in perpetuity.
2. Delegation of the Association of Use. Any Owner may delegate, in accordance
with the Bylaws of the Association, his right of enjoyment to Common Areas only
to the member of his family, his tenants, or contract purchasers who reside on the
Property.
ARTICLE III
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
1. Association Membership. Declarant shall have all of the rights. powers and
authority of the Association until the Lot Owners have formally established the
Association, either as a corporation, unincorporated association or other legal
entity of their choosing. The Lot Owners shall establish the Association when
Declarant has sold at least three (3) of the lots. Every Owner of a Lot shall be a
member of the Association. For purposes of voting and meetings ofthe members,
2
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C00749
there shall be one vote for each Lot. Membership shall be appurtenant to and may
not be separated from ownership of any Lot that is subjectto assessment.
2. Management of Association and Property. The management and maintenance
of the Property and the business, Property and affairs of the Association shall be
managed by a Board of Directors as provided in this Declaration, its
organizational documents and bylaws ("governing documents"). All àgreements
and determinations with respect to the Property lawfully made or entered into by
the Board of Directors shall be binding upon all of the Owners and their
successors and assigns.
3. Board of Directors of the AssociatiOJ.1. The Board of Directors (the "Board") of
the Association shall consist of three (3) members, or such additional numbers as
may be approved by the members in accordance with its governing documents.
The term of a member shall be three (3) years, except that the terms of the
members of the initial Board shall be one, two, and three years. Thereafter, all the
members shall serve for a term of three (3) years. The Board shall be elected by a
majority vote of the members of the Association. All Board members shall be an
owner, officer, partner, shareholder or member of an owner. Until three (3) of the
Lots have been sold and title transferred to new Owners, the Declarant reserves
the right to appoint and remove all members of the Board and to exercise the
powers and responsibilities otherwise assigned by this Declaration to the
Association. By express written declaration, Declarant shall have the option, at
any time to turn over to the Association the total responsibility for electing and
removing members of the Board.
4. Authority and Duties. The duties and obligations of the Board and rules
governing and conduct of the Association shall be set forth in the governing
documents as they may be amended from time to time.
5. Limited Liability of Board of Directors, etc. Members of the Board and their
officers, authorized sub-members, assistant officers, agents and employees acting
in good faith on behalf of the Association:
a. Shall not be liable to the Owners as a result of their activities as such for
.any mistake of judgment, negligence or other wise, except for their own
willful misconduct or bad faith;
b. Shall have no personal liability in contract to an Owner or any other
person or entity under any agreement, instrument or transaction entered
into by them on behalf of the Association in their capacity as such;
c. Shall have no personal liability in tort to any Owner or any person or
entity, except for their own willful misconduct or bad faith;
d. Shall have no personal liability arising out of the use, misuse or condition
of the Property, which might in any way be assessed against or imputed to
them as a result of or by virtue of their capacity as such.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of
any Lot (with the exception of unsold Lots owned by Declarant) by acceptance of
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000750
a deed therefore, whether or not it shall be so expressed in such deed, is deemed
to have consented to be subject to these covenants and agrees to pay the
Association:
a. Annual assessment or charges; and
b. Special assessments for capital improvements, such as assessments to be
established and collected as hereinafter provided.
A General continuing lien is hereby imposed on each Lot in the Subdivision for
the payment of annual and special assessments imposed on Lots according to this
Declaration. In connection with that general lien, all of the annual and special
assessments, together with interest, costs and reasonable attorney's fees, shall be a
charge on the land and shall be a continuing lien upon all those Lots on which
each such assessment is made. Each f:Uch assessment, together with interest, costs
and reasonable attorney's fees shall also be the personal obligation of the entity or
person who was the Owner of such Property at the time when the assessment fell
due.
2. Purpose of Assessments. The assessments levied by the Association shall be
used exclusively to promote the improvement and maintenance of the Common
Areas, to include road, trail, water and open space maintenance, Association
employees' wages, mailing costs and other related expenses incurred on behalf of
the Association.
3. Annual Budget. The Board shall prepare an annual budget estimate for Common
Services and administration of the As!;ociation and fix the amount of the annual
assessment based on its estimate. Such annual budget shall be prepared and
approved by the Board at least thirty (30) days in advance of each annual
assessment period.
4. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year,
a special assessment applicable to that year only for the purpose of defraying, in
whole or part, the cost of any construction, reconstruction, repair or replacement
or a capital improvement including the Common Areas and shared access road,
including fixtures and personal property related thereto, provided that any such
assessment shall have the assent of a least eighty percent (80%) of the members
who are voting in person or by proxy at a meeting duly called for this purpose.
5. Notice and Quorum for Any Action Authorized under Sections 3 and 4.
Written notices of any meeting called for the purpose of taking any action
authorized under Section 3 or 4 of this article shall be to all members not less than
thirty (30) days or more than sixty (60) days in advance of the meeting. At the
first such meeting called, the presence of members or of proxies entitled to cast
sixty percent (60%) of all the votes of the membership shall constitute a quorum.
If the required quorum is not present another meeting may be called subject to the
same notice requirement, and the required quorum at the subsequent meeting shall
be one-half (112) of the required quorum at the preceding meeting. NO such
subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
6. Uniform Rates of Assessment. Both the annual and special assessments must be
fixed at a uniform rate for all lots and may be collected on a monthly or other
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COO~151
periodic basis as determined by the Board. Lots owned by the Declarant shall not
be assessed or required to pay assessments of any kind.
7. Date of Commencement of Annual Assessments: Due Dates. The annual
assessments provided for herein shall commence as to all Lots subject to
assessment on the first day of the month following the recording of the Palisade
Pines Amended. The first annual assessment for lots purchased thereafter shall
be adjusted according to the number of months remaining in the calendar year.
The Board shall fix the amount of the annual assessment against each lot at least
thirty (30) days in advance of each annual assessment period. Written notice of
the annual assessment shall be sent to every Owner subject thereto. The Board
shall estabHsh the due dates. The Association shall, upon demand and for a
reasonable charge, furnish a certificate signed by an officer of the Association
setting forth whether the assessment 011 a specified Lot has been paid.
8. Effect of Non-Payment of Assessments: Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall bear interest at
the rate of fifteen percent (15%) per annum. The Association may bring an action
at law against the Owner personally obligated to pay the same, or foreclose the
lien against the Property in the same manner as real estate mortgages with power
of sale are foreclosed in Wyoming pursuant to W.S.34-4-101 et seq. and any
successor or replacement statute thereto. No Owner may waive or otherwise
escape liability for the assessment provided herein by non-use of the Common
Areas, or abandonment of his Lot.
9. Priority of the Assessment Lien. Sale or transfer of any Lot or the recording of
any mortgage or other lien against any Lot shall not affect the priority of the
assessment lien.
ARTICLE V - ARCHITECTURAL STANDARDS
1. ArchitecturaVsite Committee: Organization. There shall be an Architectural/
site Committee appointed by the Board of Directors after the Board has been
organized and is operating and before any building commences on Lots 6, 7 or 9.
Lot 8 falls under the jurisdiction of the Initial Architectural/site Committee.
2. Initial Architectural/site Committee. The initial Architectural/site Committee
shall be the Declarants. Once the Board of Directors is organized, the initial
committee may be removed and replaced with the Board of Directors' appointees.
3. ArchitecturaVsite Committee Duties. No Lot Owner shall construct any
Structure on a Lot without the prior approval of all plans for such construction by
the Architectural/site Committee. It shall be the duty of the Architectural/site
Committee to consider and act upon such proposals for the plans submitted to it
from time to time, to adopt Architectural/site Committee rules pursuant to Section
5 of this Article, and to perform such other duties from time to time delegated to it
by the Association.
4. ArchitecturaVsite Committee: Meetings; Actions; Expenses. The
Architectural/site Committee shall meet from time to time as necessary to
properly perform its duties hereunder. The vote or written consent of a majority
of its members shall constitute an act by the Architectural/site Committee unless
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the unanimous decision of its members is otherwise required by this Declaration.
The Architectural/site Committee shall keep and maintain a record of all action
from time to time taken by the Architectural/site Committee at such meetings or
otherwise for at least five years. Unless authorized by the Association, the
members of the Architectural/site Committee shall not receive any compensation
for services rendered.
5. ArchitecturaVsite Committee Rules. The Architectural/site Committee may,
from time to time, and in its sole discretion, adopt, amend, and repeal by
unanimous vote, rules and regulations, to be known as "Architectural/site
Committee Rules". A copy of the Architectural/site Committee rules, as they may
from time to time be adopted, amended or repealed, and certifies by any member
of the Architectural/site Committee, shall have the same force and effect as if they
were part of the Declaration. The Architectural/site Committee may record the
same if deemed necessary.
6. Non-Waiver. The approval by the Architectural/site Committee of any plans,
drawings or specifications for any work done or proposed, or in connection with
any other matter requiring the approval of the Architectural/site Committee under
the Covenants, shall not be deemed to constitute a waiver or any right to withhold
approval as to any similar plan, drawing, specification or matter whenever
subsequently or additionally submitted for approval.
7. Liability. Neither the Architectural/site Committee nor any member thereof shall
be liable to the Association or to any Owner or project committee for any damage,
loss or prejudice suffered or claimed on account of (a) the approval of any plans,
drawings and specifications, whether or not defective, (b) the construction or
performance of any work, whether or not pursuant to approved plans, drawings
and specifications, (c) the development or manner of development, of any
property within the Property, or (d) the execution and filing of a certificate
pursuant to Section 7 above, of this Article, whether or not the facts therein are
correct; provided, however, that such member has, with the actual knowledge
possessed by him, acted in good faith. Without in any way limiting the generality
of the foregoing, the Architectural/site Committee, or any member thereof, may
but is not required to, consult with or hear the Association or any Owner with
respect to any plans, drawings specifications, or any other proposal submitted to '
the Architectural/site Committee.
ARTICLE VI - DESIGN STANDARDS
1. General Standards. The following standards and restrictions are applicable to
the construction, remodeling, alteration and exterior refinishing of any and all
structures and improvements and site preparation upon each Lot. All buildings
shall be located so as to reasonably preserve a significant portion of existing trees
and vegetation. New plantings shall be indigenous to the natural landscape and
not otherwise detract from the same. Scars due to construction activities shall be
re-landscaped within one year of occupancy ofthe house.
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2. Uniform Codes. All structures or improvements shall be erected in accordance
with the current edition of the following uniform codes and as adopted by State of
Wyoming, governing at the time of drawing review:
a. International Building Code for residential;
b. International Conference of Building Officials;
c. International Plumbing & Mechanical Code;
d. International Electrical Code; and
e. International Fire Protective Association.
3. Design Character. All buildings shall be constructed in character with each
other specifically by using complementary exterior roofing, building material and
coloring on each building on the properties. All buildings will be painted or faced
in colors that blend into the natural environment and landscape of the area.
a. Exterior materials will be of ro~gh sawn natural wood; peeled log, stone,
or similar rough textured natural material. No aluminum siding, metal
siding, vinyl siding, or cinder blocks shall be used as exterior material
without written approval. Copper siding, certain steel sidings, dyed
concrete etc. shall be approved by the Architectural/site Committee based
on the blending of material to forest environment.
b. Roof materials shall be cedar shake or shingle, asphalt shingles, slate, or
ribbed metal or metal shingle roofing with a non-reflective flat color
finished. Roof(s) cannot be red in color. Engineered non-reflective flat
roofs are acceptable.
c. All buildings must comply with either the current edition codes (item 2.
International Codes above), or if applicable, State of Wyoming, and/or
Lincoln County Building and Safety Codes.
d. Exterior colors shall be earth tones or such other colors as are approved by
the Architectural/site Committee.
4. Building Design. The design of all buildings is subject to the following:
a. Structure or improvements constructed on the properties shall be limited to
one (1) single family dwelling to be occupied by the owner, his lessee,
guests and servants, garage(s), a guest house(s) for the use of guests and
not for rent, storage building(s) to be used to house vehicles, equipment or
supplies. All improvements shall be of new, permanent construction using
good quality workmanship and materials.
b. The minimum ground floor area of any single living unit exclusive of open
porches and garages shall not be less than two thousand (2,000) square
feet for one story units and not less than one thousand five hundred
(1,500) square feet for units of multiple stories as measured by the exterior
building dimensions. All residences must also include attached or
detached garage large enough for at least two (2) automobiles but not
more than three (3) automobiles. Variances to square footage
requirements can be approved by the Architectural/site Committee to
accommodate Lot sizes.
c. No structure shall be erected, altered, placed or permitted to remain on the
Lot, which exceeds a height of two (2) stories or thirty (30) feet whichever
is lesser. Height shall be measured from the existing grade to the highest
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point of roof slope. Existing grade shall mean from the high-side of
ground Lot slope. This shall not include a walkout basement or
underground garage unless they are above natural grade. For a flat roof, a
maximum of twenty six (26) feet to the eave of roof, measured from the
high side of existing ground grade.
d. Glass reflection shall be eighteen percent (18%) or less as defined and
measured by ASTM-E30890 Or its successor.
e. Roofs shall have a minimum pitch of five (5) feet in twelve (12) feet
except engineered flat roofs. All primary roofs shall have a minimum
overhang of two (2) feet. Sola! collectors shall not be considered roofs.
f. Outdoor lighting shall be so arranged to reflect light away from adjacent
lots and away from the vision of passing motorists. Outdoor lighting shall
be shielded to face down. No outdoor Lot lighting shall be mounted
higher than fifteen (15) feet above grade.
g. Solar collectors may be of any construction material, materials or pitch
required for efficient operation, but they shall not be placed on any
structure in a manner which causes objectionable glare to any neighboring
resident. Solar collectors shall be integrated into the structure of a
residence, garage, carport, or other accessory building and shall not be free
standing. .
h. Setbacks shall not be less than thirty (30) feet from any side or rear
boundary line and fifteen (15) feet front setback without prior
Architectural/site Committee approval. Consideration will be given for
final placement of home if necessary.
5. Site Design. Site design shall comply with the following requirements:
a. Fencing shall comply with the following requirements: only fences
consisting of wood posts with top rail spanning 3 posts and 2 high tensile
wires (or wood split rails/poles) below will be allowed on the Property; no
barbed wire or two strand wire fences will be permitted except those
already established by adjacent landowners not in the Subdivision.
b. All 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. Each sewage system is the responsibility of the
individual property owner and shall be installed at the expense of the
individual 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. Every Owner shall refrain from causing any water or
pollution emanating from his Lot.
d. The developer shall install donestic water supply to the property line by a
development agreement with North Alpine Improvement and Service
District. Lot owners shall be responsible to connect to system. All
arrangements and facilities providing domestic water shall conform to all
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laws and standards set by the State of Wyoming, its departments and
political subdivisions. '
e. Unauthorized grading or other subsurface disturbances are prohibited.
Prior to any grading and clearing of the site, the site shall be staked
indicating location of structures, trees to be removed (which shall be
flagged) and the location of cut and fill areas. The Architectural/site
Committee shall approve all final site related work prior to the start of
construction. Trees to be saved adjacent to the construction shall be
fenced/clearly marked to indicate preservation. All cut and fills in excess
of thirty six (36) inches shall be supported by engineered retaining walls
subject to the above design. No retaining walls shall exceed ninety six
(96) inches in height above original grades. A dimension equal to the
height of the walls shall separate retaining walls. All retaining wall
terraces shall be landscaped to reduce the risk of erosion.
f. Private driveways shall be designed to minimize impact on the natural
landscape. The Architectural/site Committee shall review plans and
designs for private driveways. Common driveways shared between
parcels are encouraged where they reduce unnecessary clearing.
Driveways longer than thirty (30) feet shall not exceed twelve (12) feet in
width. Drive approaches shall not be located closer than 10 feet to any
adjoining property line unless serving two or more lots. Drive approaches
shall not exceed sixteen percent (16%) maximum slope. Cross slopes
shall not exceed four percent (4%). A five (5) foot clearance shall be
maintained between driveways and major old growth trees wherever
possible.
6. Construction. The exterior of any building must be completed within twelve
(12) months after the commencement of construction except where such
completion would be impossible, due to size of project, or doing so would result
in undue hardship to the Owner because of strikes, emergencies, or natural
calamities; provided however that the Owner is nonetheless obligated to either
diligently pursue completion or remove the building.
7. Architectural Review Committee. This committee shall have the discretionary
right to change or eliminate the restrictions outlined herein for the purpose of
enhancing a view, preventing the removal of trees, avoiding excessive cut and fill,
or otherwise substantially enhancing the location of improvements on a Lot.
ARTICLE VII
LAND CLASSIFICATIONS, USES AND RESTRICTIVE COVENANTS
1. Land Classifications. All land within the Property has been classified into the
following areas:
a. Residential; and
b. Common Areas.
2. General Restrictions. The following general restrictions shall apply to all land,
regardless of classification:
9
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a. No building, Structure, sign fence, refinishing or improvements of any
kind shall be erected, placed, or permitted to remain on any Structure, Lot
or tract, and no excavation or other work which in any way alters any Lot
from its natural or improved state existing on the date the Lot was first
conveyed in fee by Declarant to an Owner until the plans and
specifications have been approved in writing and a building permit has
been issued by the ArchitecturaVsite Committee. Plans for buildings, and
for the refinishing or improvement of the same, shall include scaled floor
plans, exterior elevations, indicating height, a list of exterior materials and
a site plan showing existing contours and proposed new grades, including
tree removal plans.
b. Two copies of any proposed plans and related data shall be furnished to
the Architectural/site Committee, one of which may be retained by the
Architectural/site Committee for its records. Any approval given by the
Architectural/site Committee shall not constitute a warranty, express or
implied, of compliance with any applicable building or safety codes for
any other purposes other than the authority for the person submitting the
plan to commence construction.
3. Residential Area Use Restrictions.
a. Each residential Lot shall be used exclusively for residential purposes, and
no more than one family (including its servants and transient guests) shall
occupy such residence; provided however, that nothing in this
subparagraph (a) shall be deemed to prevent:
(1) Construction of guest houses in accordance with this Declaration;
(2) Any home-based business that may be approved by the
Architectural/site Committee provided that no commercial business shall
be allowed;
(3) The Association may adopt the leasing of any lot from time to time by
the Owner thereof, subject, however, to all the restrictions as from time to
time.
b. Each Lot, and any and all Structures and improvements from time to time
located thereon shall be maintained by the Owner thereof in good
condition and repair, and in such manner as not to create a fire hazard, all
at such Owner's sole costs and expense.
c. 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. Also, Association approval is
required before a bum is allowed.
d. No horses, lamas, pigs, goats, sheep, cattle, turkeys, chickens, rabbits or
any other domestic animals or fowl shall be maintained on any Lot and no
more than two adult dogs or cats or other generally recognized house or
yard pets; provided however, that all animals shall at all times be
restrained or leashed and maintained on Owner's lot so as not to be or
become a nuisance or be allowed to run at large. Barking dogs
10
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constituting a nuisance shall be confined in a sound resistant enclosure
during normal sleeping hours. '
e. No commercial signs whatsoever shall be erected or maintained upon any
Lot. A wooden residential identification sign of combined total face area
of three (3) square feet or less may be erected. A sign advertising the
premises for sale may be erected as needed for such purposes provided
such sign does not exceed a combined total face area of six (6) square feet.
f. No noxious, offensive, or noisy activity (disturbance to the peace and
tranquility) shall be carried on upon any Lot, nor shall anything be done or
placed there which may become a nuisance, or cause unreasonable
embarrassment, disturbance, or annoyance to other Owners in the
enjoyment of their Lots. In determining whether there has been a
violation of this subparagraph, recognition must be given to the premise
that Owners, by virtue of their interest and ownership in the Subdivision,
are entitled to the reasonable enjoyment of its natural benefits and
surroundings thus requiring low speed or "idled" to hold to a minimum the
loud noises generated by dirt bikes, A TV s, snow machines and other
motorized units.
g. With the exception of temporary facilities, office trailer and travel trailer
allowed during the construction phase only, no manufactured or modular
house, house trailers, mobile home, shack or similar facility or structure
shall be kept, placed or maintained upon any Lot at any time. The phrase
"manufactured or 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 unit pieces to the Lot. The terms "house
trailer", "mobile home", or camper as used herein includes but is not
limited to any building or structure with wheels and lor 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 structures, have been placed either temporarily or permanently
upon a foundation. However, owners may keep a motor home, camp
trailer or similar recreational vehicle on a Lot so long as the vehicle is
currently registered and kept enclosed and not used for residential
purposes on the Lot.
h. Each Lot Owner shall be responsible to pay assessments for the snow
removal and other maintenance costs for the subdivision roads as long as
they are private roads in conjunction with all other Lot Owners. Bushes,
shrubs, weeds and all other vegetation shall be cleared and large trees
pruned within the road right-of-ways to improve visibility, with related
costs being common costs. Such annual assessments shall not exceed one
thousand (1,000) dollars per Lot unless approved in the same manner as
required for special assessments for capital improvements.
11
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i. No inoperative vehicle or motorized unit shall be kept on the premises for
more than thirty (30) days unless parked in an enclosed building.
j. All garbage and trash shall be placed and kept in covered containers which
shall be maintained so as not tÇ) be visible from neighboring property and
accessible by wild animals. Each Owner, in accordance with the billing of
the collector, shall pay the cost of commercial trash collection. No
rubbish or debris of any kind shall be placed or permitted to accumulate
on any Lot. No metal including without limitation scrap metal or metal
drums shall be kept stored, or allowed to accumulate on any Lot.
k. No discharge of any firearms in the Subdivision will be allowed. No
hunting of wildlife of any sort;will be allowed within the confines of the
Subdivision. '
1. Owners, visitors or guests shall not obstruct or impede the Common
Areas. No vehicles of any kind may be parked or left standing in the
Common Areas. No structure of any kind may be placed within the
common areas. The Common Areas may not be used for random or
recreational purposes with A TV s or snowmobiles so as to be an
endangerment or nuisance to others.
m. Noxious weed control on each Lot is the responsibility of Owner.
Herbicide or pesticide use must meet or exceed Lincoln County
requirements. If any Lot Owner fails to control weeds, the
ArchitecturaVsite Committee shall have work performed by others and bill
Lot the Owner for it.
ARTICLE VIII - GENERAL PROVISIONS
1. Lot splitting; Consolidation. Two or more contiguous Lots within the Property
may be combined. Such consolidated lots may thereafter be treated as one Lot
and building site, and as such may be 'subjected to this Declaration the same as a
single Lot except for the purpose of levying and collecting assessments. No Lot
may be divided or subdivided.
2. Assignment of Powers. Any and all of the rights and powers vested in the
Declarant pursuant to this Declaration may at any time be delegated, transferred,
assigned, conveyed or released by Declarant to the Association, and the
Association shall accept the same, effective upon the recording by the Declarant
of a notice of such delegation, transfer, assignment, conveyance or release.
3. Condemnation of Common Area. If at any time, or from time to time, all or any
portion of Common Areas, or any interest therein, shall be taken for any public or
quasi-public use, under any statue, by right of eminent domain or by private
purchase in lieu of eminent domain, the entire award in condemnation shall be
paid to the Association and deposited into either the operating fund or the
development fund as the Association may, in its sole discretion, determine. No
Owner shall be entitled to any portion of such award and no Owner shall be
entitled to participate as a party, or otherwise, in any proceeding relating to such
12
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condemnation, such right or participation being herein reserved exclusively to the
Association which shall, in its name alone, represent the interests of all Owners;
provided, however, that the portion of any award relating to improvements which
constitutes a private recreation facility shall be divided equally among the Owners
who, at the time of such taking, are permitted users of such facility.
4. Notices; Documents; Delivery. AnYI10tice or other document permitted or
required by this Declaration shall be delivered either personally or by mail. If
delivery is made by mail, it shall be de.emed to have been delivered twenty-four
(24) hours after a copy of the same has been deposited in the United States mail,
postage prepaid, addressed as follows: if to the Association or to the
Architectural/site Committee, at such address as the Association may determine
and notify all Owners and Declarant in writing upon its organization; if to any
Owner, then at any Lot within the Subdivision owned by the Owner; if to the
Declarant at P.O. Box 3274, Alpine, Wyoming 83128; provided however, that
any such address may be changed from time to time by an Owner, by the
Architectural/site Committee, or by the Declarant by notice in writing delivered to
the Association, if organized, or if not to all Lot Owners, and to Declarant.
5. General Maintenance. The maintenance, alteration, replacement and/or repair of
the Common Areas shall be the responsibility of the Board. The Board, as part of
its responsibilities, shall maintain, repair and provide for snow removal and
maintenance activities on all roadways and water system. The maintenance,
repair and replacement of all improvements on each Lot shall be the responsibility
of the Owner of such Lot.
6. Log & Tree Clearing. Tree (s) greater than ten-inch diameter shall not be
removed except as required for fire suppression, home building sites and view
enhancement. No clear cutting or harvesting of timber shall be allowed.
ARTICLE IX
ENFORCEMENT, DURATION AND AMENDMENT
1. Enforcement. The Association, 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. 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, reasonable attorney fees in addition to any other relief that
may be granted. Failure by the Association or by any Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of
the right to do so thereafter.
2. Duration of Restrictions. All of the covenants, conditions and restrictions set
forth in this Declaration shall continue to remain in full force and effect at all
times against the Property and the Owners thereof, subject to the right of
amendment or modification provided for in this Article, for a term of twenty (20)
years, after which time they shall automatically be extended for successive
periods of twenty (20) years.
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3. Amendment. This declaration may be amended during the first twenty (20) year
period by an instrument in writing signed by not less than eighty percent (80%) of
the Lot Owners, and thereafter by an ínstrument in writing signed by not less than
seventy percent (70%) of the Lot owners, which amendment becomes effective
when the instrument is recorded in the Office of the County Clerk of Lincoln
County, Wyoming. The Declarant shall have the right in their sole discretion,
during such time as Declarant owns not less than three (3) lots, to amend or
modify this Declaration by an instrument in writing, and all Lots within the
Subdivision including those previously sold shall be subject to such modification.
Any such amendments shall be duly executed by the Declarant and are effective
when recorded in the Office of the County Clerk of Lincoln County Wyoming.
4. Annexation. Additional residential property or common area may be annexed to
the Property by Declarant at any time, provided only that all of such additional
Property and Owners shall be subject to this Declaration.
5. Violation Constitutes Nuisance. Every act or omission, whereby any restriction,
condition or covenant in this Declaration set forth, if violated in whole or in part,
is declared to be and shall constitute a nuisance and may be abated by Declarant
or its successors in interest, the Association and/or by any Lot Owner; and such
remedies shall be deemed cumulative and not exclusive.
6. Construction and Validity of Restridions. All of said covenants, conditions
and restrictions contained in this Declaration shall be constructed together, but if
it shall at any time be held that anyone of the said conditions, covenants of
reservation, or any part thereof shall be thereby affected or impaired; the
Declarant, grantor and grantee, their heirs, successors and assigns, shall be bound
by each Article, Section, Subsection, Paragraph, sentence, clause and phrase of
this Declaration irrespective of the fact that any Article, section, subsection,
paragraph, sentence, clause or phrase be declared invalid or inoperative or for any
reason becomes unenforceable.
7. No Waiver. The failure of the Declarant, the Board or its agents and the Owners
to insist, in one or more instances, upon the strict performance of any of the terms,
covenants, conditions, or restrictions of this Declaration, or to exercise any right
or option herein contained, or to serve any notice or to institute any action, shall
not be construed as a waiver or a relinquishment, for the future, of such term,
covenant, condition or restriction but shall remain in full force and effect. The
receipt and acceptance by the Board or its agent of payment of any assessment
from an Owner, with the knowledge of the breach of any covenant hereof, shall
not be deemed a waiver of such breach, and no waiver by the Board of any
provision hereof shall be deemed to have been made unless expressed in writing
and duly signed by or on behalf of the Board.
8. Variances. The Architectural/site Committee, in its sole discretion, may allow
reasonable variances and adjustments of the foregoing covenants, conditions and
restrictions in order to overcome practical difficulties and prevent unnecessary
hardships in the application of the covenaI1ts contained herein. Any variances or
adjustments of these conditions, covenants and restrictions granted by the said
Committee, or any acquiescence or failure to enforce any violations of the
14
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conditions and restrictions herein, shall not be deemed to be a waiver of any of the
conditions and restrictions in any other instances.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be duly executed
as of the day and year first above written.
Northstar Corporation, a Wyoming Corporation (Declarant)
Attest:
~1d~ ~ ~/J?#h7~A/
Linda L. Sandner, 'Secretary
STATE OF WYOMING :
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COUNTY OF ~t?LN :
On this I ri-""'''-cJay of m...~ ' 2006, before me personally appeared
Jim A. Sandner, to me personally know ,who, being by me duly sworn, did say that he
is the President of Northstar Corporation, a Wyoming corporation, described in and
which executed the foregoing instrument; that said instrument was signed in behalf of
said corporation by authority of its Board of Directors; and said Jim A. Sandner
acknowledged said instrument to be the free act and deed of said corporation.
Given under my hand and notarial seal the day and year first above written in this
certificate.
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NOT Y PUBLIC
My commission expires:
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LAURIE CaE - NOTARY PUBLIC
County of ~ State of
Teton 'ffKlJ Wyoming
My Commission ExpIres 9/12/2001