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RECEIVED 11/6/2006 at 11 :19 AM
RECEIVING # 924095
BOOK: 639 PAGE: 343
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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FIRST AMENDED
DEClÄRATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF
TRAIL RIDGE SUBDIVISION
First Amended Declaration of Covenants, Conditions and Restrictions of Trail
Ridge Subdivision ("the subdivision-) made October 20, 2006 ("First Amended
Declaration-).
WHEREAS, the Declaration of Covenants, Conditions and Restrictions of Trail
Ridge Subdivision dated as of August 18, 2003, was recorded in the office of the
Lincoln County Clerk on October 23, 2003, in Book 539 PR, page 379 ("Previous
Declaration-); and
WHEREAS, in Article IX, Section 3, Spurlock Properties LLC, a Wyoming close
limited liability company ("Declaranr) reserved the right to amend or modify the
Previous Declaration in Declarant's sole discretion as long as Declarant owns at least
1 0 lots in the subdivision; and
WHEREAS, Declarant owns more that 1 0 lots in the subdivision at this time; and
WHEREAS, Declarant desires to amend the Declaration in full;
NOW, THEREFORE, pursuant to the power reserved by Declarant, Declarant
hereby declares that this First Amended Declaration replaces in full the Previous
Declaration and that its provisions apply to all lots in the subdivision including lots sold
by Declarant prior to the date of this First Amended Declaration, as follows:
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF
TRAIL RIDGE SUBDIVISION
This Declaration of Covenants, Conditions, and Restrictions regulating and
controlling the use and development of certain real property as hereinafter described is
made to be effective as of the 20th day of October, 2006 ("Declaration"), by Spurlock
Properties LLC, a Wyoming close limited liability company, hereinafter referred to as
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"Declarant", the Owner or beneficial owner of all of the Lots in the Trail Ridge
Subdivision (..the Subdivision·) in accordance with the plats filed of 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 Covenants, Conditions, and Restrictions
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.
NOW, THEREFORE, Declarant hereby declares that all of the Property
desaibed 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.
ARTICLE I - DEFINITIONS
1. "Association" shall mean and refer to the Trail Ridge Property Owners
Association and its successors and assigns.
2. "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.
3. ··Common Areas'· shall mean the private roadways within the Property
which provide access to individual Lot lines from U.S. Highway 89, the equestrian and
walking trails and the open space areas, all as designated on the Plat, and any and all
improvements associated with any domestic water system including without limitation
wells, pumps, tanks or other storage facilities, and water distribution pipelines.
4. "Common Services" shall mean the maintenance and any snow removal
services for the Common Areas, utility line maintenance and repair services, if any, for
utility lines located in the rights-of-way of such roads, and maintenance of any water
system.
5. "Declarant" shall mean and refer to Spurlock Properties LLC.
6. "Lor· shall mean and refer to any of the single family residential plots of
land described above and shown upon that certain recorded subdivision plat of the
Property filed by the Declarant in the Office of Lincoln County Clerk.
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7. "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. "
8. "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.
9. '·Property' shall mean and refer to that certain real property known as the
Trail Ridge 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 within the jurisdiction of the
Association.
10. "Structure" shall mean anything built or placed on the ground, excluding
fences.
ARTICLE II PROPERTY RIGHTS
1. Owners' Easements of Eniovment. 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,
charges and user fees for the use and maintenance of the Common
Areas as hereinafter set forth.
b. The right of the Association to establish 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. Deleaation 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 members of his family, his tenants or contract purchasers who reside
on the Property.
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ARTICLE III
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
1. Association MembershiQ, Declarant shall have all of the rights;' powers
and authority of the Association until the Lot Owners have fonnally established the
Association, either as a corporation, unincorporated association or other legal entity of
their choosing. The Lot Owners shall establish the Association when 50 of the Lots
have been sold by Declarant. Every Owner of a Lot shall be a member of the
Association. For purposes of voting and meetings of the members, 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 subject to assessment.
2. Manaaement of Association and Prooertv. 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 agreements and
detenninations 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 Association. The Board of Directors (the
"Board'·) of the Association shall consist of three (3) members, or such additional
number as may be approved by the members in accordance with its governing
documents. The tenn of a member shall be three (3) years, except that the tenns of the
members of the initial Board shall be one, two, and three years, Thereafter, all
members shall serve for a tenn 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
or an officer, partner, shareholder or member of an owner.
Until 50 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. Authoritv and Duties. The duties and obligations of the Board and rules
governing the conduct of the Association shall be set forth in the governing documents
as they may be amended from time to time.
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5. Limited Liabilitv of Board of Directors. etc. Members of the Board and
their officers, 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 mistakes of judgment, negligence or otherwise, 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 Obliaation of Assessments. Each
Owner of any Lot, except unsold lots owned by Dectarant and except Lot 1 which is
exempt from any and all assessments, by acceptance of a deed therefor, 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. User fees or charges; and
c. Water system connection fees; and
d. 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 such 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 such assessment, together with interest, costs and reasonable attorney's fees
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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.
In addition, for the collection of delinquent user fees or charges, the Board may
by resolution enact such policies and procedures or rules and regulations as lit deems
appropriate including without limitation imposition of service charges, collection of
attorney fees or other costs of collection, disconnecting or otherwise tenninating
services, or the filing of a lien against the Lot for the amount due.
2. Puroose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the
residents of the Property and for the improvement and maintenance of the Common
Areas, to include road, trail and open space maintenance, maintenance of any water
system, Association employees' wages, mailing costs and other related expenses
incurred on behalf of the Association.
3. Annual Budaet. The Board shall prepare an annual budget estimate for
Common Services and administration of the Association 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. Soocial Assessments for CaDitallmDrovements. 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 at least seventy-five per cent (75%) of the members who are voting in
person or by proxy at a meeting duly called for this purpose.
5. Notice and Quorum for Anv Action Authorized under Sections 3 and 4.
Written notices of any meeting called for the purpose of taking any action authorized
under Sections 3 or 4 of this article shall be sent to all members not less than thirty (30)
days nor more than sixty (60) days in advance of the meeting, At the first such meeting
called, the presence of members or of proxies entitles 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.
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6. Uniform Rate of Assessment. Except for lots owned by the Developer and
except for Lot 1, 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 periodic basis as
determined by the Board. Lots owned by the Declarant shall not be as~essed 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 conveyance of the first Lot. 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 due dates shall be established by the Board. The
Association shall. upon demand and for a reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the assessments on a
specified Lot have been paid.
8. Effect· of Non-Pavment 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
assessments provided herein by non-use of the Common Areas or abandonment of his
Lot.
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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. Arçhitectural/site Committee: Oraanization. There shall be an
Architectural/site Committee consisting of the Board as soon as the Board has been
organized and is operating.
2. Initial Architectural/site Committee. The initial Architectural/site
Committee shall be David R. Spurlock and William L. Spearin. However, William L.
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Spearin serves at the sole discretion of David R. Spurlock and may be removed by him
at any time in which case David R. Spurlock only would constitute the initial
Architectural/site Committee.
3. Architectural/site 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. Architectural/site Committee: Meetinas: Action: Exoenses. 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 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. Unless
authorized by the Association, the members of the Architectural/site Committee shall
not receive any compensation for services rendered. All members shall be entitled to
reimbursement for reasonable expenses incurred by them in connection with the
performance of any Architectural/site Committee function.
5. Architectural/site Committee Rules. The Architectural/site Committee
may, from time to time, and in its sole disaetion, 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 certified 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 of any right to withhold approval
as to any similar plan, drawing, specification or matter whenever subsequently or
additionally submitted for approval.
7, Liabilitv. 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,
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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 ArchitecturaUsite
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.
2. Uniform Codj!s. All structures or improvements shall be erected in
accordance with the current edition of the following uniform codes:
a. Uniform Building Code;
b. International Conference of Building Officials;
c. National Plumbing Code;
d. National Electrical Code; and
e. National Fire Protective Association International.
3. Desion 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 rough sawed 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. Roof materials shall be cedar shake
or shingle, slate, or composite asphalt shingle.
b. All buildings must comply with either the current editions of the
Uniform Building code, the National Plumbing Code, and the National
Electrical Code, or, if applicable, State of Wyoming, and/or Lincoln
County Building and Safety Codes.
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c. Exterior colors shall be earth tones or such other colors as are
approved by the ArchitecturaVsite Committee.
Buildina DesiQn. The design of all buildings is subject to the following:
a. No Structures or improvements shall be constructed on the ~roperties
other than one (1) single family dwelling to be occupied by the owner,
his lessee, guests and servants, garage(s), a guest house for the use
of guests and not for rent, storage building( s) to be used to house
vehicles, equipment or supplies, and bam( s) to be used to house
horses. All improvements shall be of new, permanent construction
using good quality workmanship and materials.
b. The minimum floor area of any single family residence shall not be
less than 1 ,200 square feet as measured by the exterior building
dimensions on the ground floor, exclusive of the garage, carport, or
unenclosed porches or decks. All residences must also include an
attached garage large enough for at least 2 automobiles.
c. No structure shall be erected, altered, placed or permitted to remain
on the property which shall exceed two (2) stories in height. This shall
not include a walkout basement or underground garage.
d. Roofs shall have a minimum pitch of five feet in twelve feet. All
primary roofs shall have a minimum overhang of two feet. Solar
collectors shall not be considered roofs. No metal roofs shall be
allowed.
e. Solar collectors may be of any construction, 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.
f. Setbacks shall not be less than thirty (30) feet from any side or rear
boundary line without prior ArchitecturaVsite Committee approval.
Site Desian. 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 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.
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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 responsibilÍ1y of the
individual property owner and shall be installed at the expense of the
individual property owiler 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. A domestic water supply shall be provided by Declarant as part of the
Subdivision. A water connection shall be provided at the boundary of
each Lot. Each Lot Owner is responsible to provide the necessary
equipment and construction to connect to the water system. All
arrangements and facilities providing domestic water shall conform to
all laws and standards set by the State of Wyoming, its departments
and political subdivisions.
e, All approaches from Lots to any Common Areas within the Subdivision
shall include installation of a culvert to accommodate any water runoff.
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 removal of the building.
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 dassification:
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a. No building, Structure, sign, fence, refinishing or improvement 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 shall be erected,
placed, done, or permitted to remain on any Structure, Lot or tract until
the plans, specifications have been approved in writing and a building
permit has been issued by the Architectural/site Committee. Plans for
buildings for the refinishing or improvement if the same shall include
scaled floor plans, exterior elevations indicating height, a list of
exterior materials and a site plan.
b. Two copies of any proposed plans and related data shall be furnished
to the Architectural/site Committee, one of which may be retained 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.
c. With regard to all lots located below (west) of the irrigation canal as
shown on the plat, the purchasers of those lots must commence
construction of a residence within two (2) years of the purchase date
of their lot. If a purchaser of such lot fails to so commence
construction, the Declarant, in his sole discretion, and upon 30 day's
prior written notice, may buy that purchaser's lot back for the price
paid for the lot by said purchaser. If the Declarant elects to buy the lot
back, such purchaser shall cooperate in and execute all necessary
documents for such purchase by the Declarant.
3, Residential Area: Uses: 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;
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(2).Any home-based business that may be approved by the
Architectural/site Committee; provided, that no commercial
business shall be allowed, except for Lots 1 and 54 which are
exempt from this restriction;
(3) The leasing of any lot from time to time by the Owner thereof,
subject, however, to all of the restrictions as may be adopted
from time to time by the Association.
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 cost and expense.
c. There shall be no exterior fires whatsoever except barbecue fires
contained within barbecue receptacles, properly constructed
pennanent 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.
d. No pigs, swine, goats, sheep, cattle, turkeys, chickens or any other
domestic animals or fowl shall be maintained on any Lot other than not
more than 2 horses, including foals, except that Owners of Lot(s) of 5
acres or more may have up to 5 horses, and all Owners of horses
must maintain sufficient grass to pasture or graze their horses and
have no dirt pastures, and not 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 constituting a nuisance shall be
confined in a sound resistant enclosure during normal sleeping hours.
In addition, during the spring and summer months prior to the Lincoln
County Fair, domestic animals may be maintained on any lot but only
for the purpose of conducting a 4-H project. Any such animals must
be removed from the Property within 7 days of the concluding date of
the Fair.
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
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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 an~hing be
done or placed thereon 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.
g. No house trailer, 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 pieces to the Lot. The
terms ''house trailer" or "mobile home" as used herein includes but is
not limited to any building or structure with wheels and/or axles and
any vehicle used at any time, or constructed so as to permit its being
used for the transport thereof upon the public streets or highways and
constructed so as to permit occupancy thereof as a dwelling or
sleeping place for one or more persons, and shall also mean any such
building, structure or vehicle, whether or not wheels and/or axles have
been removed, after such building, structure or vehicle has been
placed either temporarily or permanently upon a foundation. 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 not
used for residential purposes on the Lot. No manufactured or modular
house shall be allowed on any Lot except with the prior, written
consent of the ArchitecturaUsite Committee.
h. Each Lot Owner shall be responsible to pay annual assessments for
Common Services in conjunction with all other Lot Owners as set forth
herein, Bushes, shrubs, weeds and all other vegetation shall be
cleared and large trees pruned within the road rights-of-way to
improve visibility, with related costs being common costs. The
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Association may impose special assessments, user fees and charges,
and connection fees in accordance with this Declaration.
i. No discharge of any firearms in the Subdivision will be allowed. No
hunting of wildlife of any sort will be allowed within the confi(¡es of the
Subdivision.
j. No inoperative vehicle shall be kept on the premises for more than
thirty (30) days unless parked in an enclosed building.
k. All garbage and trash shall be placed and kept in covered containers
which shall be maintained so as not to be visible from neighboring
property. The cost of commercial trash collection shall be paid by
each owner, in accordance with the billing of the collector. 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
except in an enclosed structure.
I. Owners shall not obstruct the Common Areas. No vehicles of any kind
may be parked or left standing in the Common Areas.
ARTICLE VIII - GENERAL PROVISIONS
1. Lot SDlittina: 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 except for Lot 8 which may be divided or subdivided into not
more than three (3) separate lots.
2, Assianment 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
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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 condemnation, such right or participation
being herein reserved eXclusively to the Association which shall, in its narl1e 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: Deliverv. Any notice 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 deemed 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 ArchitecturaVsite Committee, at
such address as the Association may determine and notify all Owners and Declarant in
writing upon its organization; if to an Owner, then at any Lot within the Subdivision
owned by the Owner; if to the Declarant, at 1145 Bluebird, Munster, IN 46321 ;
provided, however, that any such address may be changed from time to time by an
Owner, by the ArchitecturaVsite 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. The maintenance, repair and replacement of
all improvements on each Lot shall be the responsibility of the Owner of such lot.
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 a reasonable attorney fee 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.
16
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In addition, the Association may establish fines and the time for payment
thereof for violation of the provisions of this Dedaration. If any such fines are not paid
when due, the Association shall have a lien on the Lot of the Owner who owes the fine
and shall have the right to collect the fine in the same manner as annual asse~sments.
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 tenn of twenty (20) years, after which time
they shall automatically be 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 in writing signed by not less than ninety percent
(90%) of the Lot Owners, and thereafter by an instrument in writing signed by not less
than seventy-five percent (75%) 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 its sole discretion, during such
time as Declarant owns not less than ten (10) 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 NVisance. 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 Validitv of Restrictions. All of said covenants,
conditions and restrictions contained in this Declaration shall be construed together,
but if it shall at any time be held that anyone of the said conditions, covenants of
reservations, or any part thereof, is invalid, or for any reason becomes unenforceable,
no other condition, covenant, or reservation, or any part thereof shall be thereby
affected or impaired; and 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,
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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 strid performance of ~ny 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 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 ArchitecturaVsite Committee, in its sole discretion, may
allow reasonable variances and adjustments of the foregoing covenants, conditions
and restridions in order to overcome pradical difficulties and prevent unnecessary
hardships in the application of the covenants 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 conditions
and restrictions herein, shall not be deemed to be a waiver of any of the conditions and
restridions in any other instance.
ARTICLE X
PROPANE GAS SYSTEM
In conjunction with Lower Valley Energy, Declarant is providing propane gas
service connections to each Lot. Any Lot Owner may receive propane gas service by
connecting to the system after satisfying all requirements therefor imposed by Lower
Valley Energy including payment of any connedion fees. There shall be no other use
of any propane gas or similar substance on any Lot or any storage of any propane gas
or other similar substance in either underground or aboveground tanks on any Lot.
There shall be no pipelines carrying or containing propane gas or other similar
substance on any Lot other than pipelines carrying propane gas from the Lower Valley
Energy connection to the point( s) of use on such Lot.
18
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IN WITNESS WHEREOF, Declarant has caused this Declaration to be duly
executed as of the day and year first above written.
Spurlock Properties LLC, a Wyoming
Close Limited liability Company
By ~Li::/'?-
David R. Sp Hock, Manager
STATE OF ~
COUNTY OF i~
The foregoing instrument was acknowle~ before me by David R. Spurlock as
manager of Spurlock Properties LLC, this J....3 étay of [Jd~ .2006.
Witness my hand and official seal.
My commission expires:
~~ en' ~
NO Y PUBLIC
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KATHY L. MARKS
Notary Public State of Indiana
County of Lake
My Commission Expires 9-6-2014
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