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HomeMy WebLinkAbout924139 :~::;:j:~;:;~~::~(. >: :..: .' ';:~ 't" ':' , . '.1:., ::{.::~~:: ~ . ;'.;..... .. ·····;¡I~;:;:;,!:·· 3-5 00046~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION TIllS DECLARATION, made on the date hereinafter set forth by T S & M RESOURCE, LLC, a Wyoming Limited Liability Company located in Etna, Wyoming, hereinafter referred to as "Declarant". RECEIVED 11fl/2006 at 11 :08 AM RECEIVING # 924139 WITNESSETH: BOOK: 639 PAGE: 467 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY WHEREAS, Declarant is the owner of certain property in the County of Lincoln, State of Wyoming, described as: Section 21, Township 35 North, Range 119 West of the Sixth Principal Meridian, in Lincoln County, Wyoming: Beginning at a point 49 rods North of the Southwest comer of Lot 4, in said Section 21, and running thence North 40 rods; thence East 160 rods; thence South 40 rods; thence West 160 rods, to the point of beginning. NOW, THEREFORE, Declarant hereby declares that the property described above (hereafter referred to as the "Property") shall be held, conveyed, leased, used, improved, and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of the Property and any part thereof, and for the creation of a tranquil and satisfying community of compatible uses which results in a high level of stability and harmonious relationships among its residents. These covenants shall run with the Property and shall be binding on all parties having any right, title or interest in the described Property or any part thereof, their heirs, successors, and assigns, and shall insure to the benefit of each owner thereof. ARTICLE I - DEFINITIONS Section 1. "Association" shall mean and refer to MORGAN MEADOWS SUBDIVISION ASSOCIA nON, its successors and assigns. DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE 1 OF 10 JI:f :;~:~,:::~~:;i:::, ¡: -:::::i::::~:~"2:i,:: ii, . :., ;'::::~~~~~::*::;~;; "":':"':"~:'k':" . :<.H;!~~¡~ii'J' --. .. . ·'·'·l:O: ~'f.·· . :::.. . '::,; :~~!;~1¡¡~~~~¡~{¡" ;;..:.>......;!:': ., .:-, .,'-',,:..':·,'1'. . ;' =. ! ,': ~.;... ¡.: I, ..~ :-: <-;':~:.:. . <¡;";t~' 000468 Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of or situated upon the Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. , , Section 3. "Property" shall mean and refer to that real property hereinbefore described. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property with the exception of the Common Area. It may also be referred to as a "Unit" on said plat. Section 5. "Declarant" shall mean and refer to T S & M RESOURCE, LLC, and its successors and assigns. Section 6. "Member" shall mean and refer to members of the Association. Section 7. "Rules and Regulations" shall mean those rules and regulations adopted by the Members of the Association and as modified from time to time. ARTICLE n - COMMON PROPERTY RIGHTS Section 1. Owner's Easement of Use and En¡ovment. Every Owner shall have a right to use and enjoyment of the road easement, which shall be appurtenant to and shall pass with the title to every Lot. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his/her right of enjoyment to the road easement to the members of the Owner's family, guests, tenants, and workers. ARTICLE m - ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner of a Lot, which is subject to assessment, shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot, which is subject to assessment. Section 2. V oting Rights. When more than one person holds an interest in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE20FIO r.:;~·X~i:~.·.:\~:.j .,:~i! ~~::::if~' ¡II; .. ·':!1¡¡~¡~¡~¡j¡¡¡;t{ 000469 ARTICLE IV - COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants (and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, and (3) all monetary fmes assessed by the Board of Directors; such assessments or fines to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, fmes, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to improve and maintain the road easement in good condition, to provide snow removal so that the road easement remains passable at all times, and for any other purposes for which three-quarters (3/4) of the Members agree. Section 3. Annual Assessments Allowed. The Members of the Association may annually fix an assessment in an amount that is expected to cover the annual costs of purposes for which assessments may be used. Section 4. Notice of Association Meetings. Written notice of any meeting of Members of the Association shall be sent to all Members not less than fifteen (15) days nor more than thirty (30) days in advance of the meeting. Section 5. Meeting Quorums. The presence of Members or of proxies entitled to cast fifty percent (50) percent of the votes shall constitute a meeting quorum. Section 6. Uniform Rate of Assessment. Assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly, or semi-annual, or annual basis. Section 7. Commencement of Assessments. The assessments provided for herein shall commence as to all Lots on September 1, 2006. Section 8. Assessment Statements. The Association shall, upon request, furnish a certificate from the Association setting forth whether the assessments on a specified Lot have been paid. Section 9. Nonpayment of Assessments. Upon default in the payment of anyone or more installments of an assessment, the entire balance of any annual assessment may DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE 3 OF 10 0004Þ70 be accelerated at the option of the Association and be declared due and payable in full, immediately, with a reasonable fine imposed. Any assessment or fine not paid within thirty (30) days after the due date (including the entire annual assessment, if payment is accelerated as provided for herein) shall be a lien on the Lot, which shall bear interest from the due date at the rate often percent (10%) per annum. The Association may,bring an action at law against the Owner obligated to pay the same and/or may foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the road easement or any other improvement for which an assessment is approved or by abandonment of his/her Lot. Section 10. Subordination of the Lien to Mortgages. The lien of the assessment and fines provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE V - ARCmTECTURAL STANDARDS Section 1. Review and Approval Required. No building, fence, wall, or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration thereafter be made, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures by the Association or by an Architectural Committee composed of three (3) or more representatives appointed by the Association. If the Association or its designated committee fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications have been submitted by an Owner, approval shall be deemed given to the plans and specifications submitted. Section 2. Association or Architectural Committee Rules. The Association or an Architectural Committee appointed by the Association may, from time to time, adopt, amend, and repeal by unanimous vote, rules and regulations, to be known as "Architectural Rules." Said rules, as they may from time to time be adopted, amended or repealed, when certified by the Association, shall have the same force and effect as if they were part of the Declaration. Section 3. Building and Structure Construction a. Construction Standards. All buildings and other structures shall beFerected in accordance with the current edition of the following uniform codes: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE 4 OF 10 Li::~f;¡:i~m¡¡:¡ill :r¡:~. ',',',,' ',',;,' /. ),'~:~1(:;'·:~¡;¡:~~~1¡i¡f:¡~:c. .,~(. , .... "",h.*,<'.~~..".., . }'.;~,: ;:~.' ;r", :'~:-i;:~!r::*:::::~;'~~:' ····¡··\,,····..;;·ji",l····ï· , : :,.':,>:; ~ ;<>~,~;;::~~:~-!r.~::::. 00047~ i. Uniform Building Code; ii. National Plumbing Code; iii. National Electric Code; and iv. if applicable, Wyoming and/or Lincoln County Building and Safety Codes. b. Construction Quality. All improvements shall be of new, permanent construction using good quality workmanship and materials. c. Completion of 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 if 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. Section 4. Buildin~ and Structure Design Character. All buildings shall be constructed in character with each other specifically by using complementary exterior roofing, building materials, and coloring on each building on the properties. All buildings will be faced or stained in colors that blend into the natural environment and landscape of the area. a. Construction Materials. Siding materials of all buildings shall be of rough sewed natural wood, peeled log, stone, synthetic stucco, brick, or other rough textured natural materials. No aluminum siding, vinyl siding, or cinder blocks shall be used as exterior material. Roof materials shall be asphalt (architectural grade shingles), slate, or cedar shingles. No metal roofing shall be allowed. No metal fences, accept for prefabricated metal gates, shall be allowed. b. Exterior Colors. Exterior colors shall be either earth tones (such as brown, taupe, green, red, grey) or other colors as approved by the Architectural Committee are required. Black, white, pastels, and loud blues shall not be used. Non-glare, flat finish materials for exterior surfaces are recommended, and stains should be penetrating natural stains and oils. c. Roof Design. Roofs shall have a minimum pitch of five feet in twelve feet. All roofs shall have a minimum overhang of twenty-four (24) inches. Solar collectors shall not be considered roofs. No metal roofmg shall be allowed. d. Solar Collectors. 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 Owner. Solar collectors shall be integrated into the structure of a residence, garage, carport, or other accessory building and shall not be freestanding. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE 5 OF 10 . . ·:ti~¡¡:¡1¡¡¡j:;¡: ' .::::;:;:::;:::;i. . ¡:;;~~;~¡;~~~~t~; , .:::[1 " 000472 e. SilIDS and LilÙ1ts. No signs or exterior lights of any character shall be placed or maintained on the Property except: i. A sign identifying the Owner or occupant thereof, the dimensions of which shall not exceed three (3) square feet and which'shall not be illuminated unless the same is affixed to the exterior of a main dwelling or guest houses and only then by incandescent illuminations. ii. Any light used to illuminate parking areas, grounds, or used for any other purpose shall be so arranged as to reflect the light away from any adjacent Lots and away from the vision of passing motorists. iii. Lights for flag poles. Section 5. Site Design. Site design shall comply with the following requirements: a. Fences. Fences shall be approved by the Association or Architectural Committee. b. Tanks and Storage Facilities. All propane 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. Lot sewage systems shall be the responsibility of the Owner of each Lot, installed at the expense of each Owner, and shall be constructed in conformity with the laws of the State of Wyoming and Lincoln County. No privies, latrines, or other like facilities shall be permitted except during construction of a single-family dwelling. d. Building Setbacks. Building setbacks shall not be less than fifty (50) feet from the front of a Lot, and not less than twenty-five (25) feet from the side of any Lot. e. Utility Easements. Easements for the installation and maintenance of utilities are reserved and are shown on the subdivision plat of the Property and are for the benefit of all Owners. No structure shall be placed or permitted to remain within the limits of said easements that may endanger or interfere with the installation and maintenance of utilities. Any Owner installing utilities on a Lot owned by another Owner shall be responsible for the reasonable restoration of the easement after installation, maintenance, or repair of utilities therein. L. Utility Installations. All electric power and telephone service lines and all other utility services shall be underground or located inside buildings or structures. DECLARATION QF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE 6 OF 10 ~:::::;::;::::';:;:;':~,1 j..\!.> ....H!:.i,~;_.~,,,iII ·':.!:1~~\~~1;~:~:l~:z~'" 000473 ARTICLE VI - LOT USE LIMITATIONS Section 1. Single-Family Dwelling and Accessory Structures. No structure or improvements shall be constructed on any Lot other than one (1) single-family dwelling to be occupied by the Owner, the Owner's lessees, guests and servants, and not more than two (2) additional accessory structures, such as a garage, guesthouse (for the use of guest and not for rent), storage building (to be used to house vehicles, equipment or supplies), or a barn (to be used to house horses) is permitted. Multiple uses may be combined into one building, such as a garage with a guesthouse or a barn with additional storage space, each as approved by the Architectural Committee. Accessory building locations must be at least fifteen (15) feet behind the front line of the single-family dwelling. Site plans for accessory buildings shall require Association or Architectural Committee approval in order to protect views of adjoining lots. A minimum fifteen (15) foot side yard setback for accessory structures is required. Section 2. Minimum Construction Footprints. The minimum floor area of any one-story single family residence shall not be less than 1,400 square feet as measured by the exterior building dimensions on the ground floor (footprint), exclusive of the garage, carport, or unenclosed porches or decks. Two-story residences will require a ground floor footprint of a minimum of 1,400 square feet, and a combined total of not less than 1,900 square feet. All residences must also include a garage with a minimum of 575 square feet, attached to the single-family dwelling either directly or by a covered breezeway. Below grade living space shall not be included in the square footage requirements. Also, below grade living space is not recommended on Lots 2 and 3 and shall not be allowed on Lots 1 and 4. Section 3. Height Limitations. 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. Single-family dwellings shall not exceed thirty five (35) feet in height above the elevation of existing Lot elevation, and accessory buildings shall not exceed thirty (30) feet in height above the street elevation. Section 4. Residential Uses Only. No business or profession of any nature shall be conducted on any Lot and no building or structure shall be intended for or adapted to business or professional purposes; provided however, that these prohibitions shall not preclude cultural activities in the home, such as painting, sculpting, writing, music, arts and crafts work, and similar cultural activities, even if such activities may bring remuneration to the person or persons participating therein; provided that such use is permitted by all necessary governmental authorities and does not create a nuisance to other Owners. Section 5. Nuisances Prohibited. No noxious or offensive actlvIty shall be carried on upon the Property, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE 7 OF 10 000474 to other Owners in the enjoyment of the Property. In determining whether there has been a violation of this paragraph, recognition must be given to the premise that Owners, by virtue of their interest in the Property, are entitled to the reasonable enjoyment of the natural benefits and surroundings of the Property. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devices, except security devices used exclusively to protect the security of the Property and improvements located thereon, shall be placed or used upon the Property. Section 6. No Excavations or Mining. No excavation or mining for stone, sand, gravel, or earth shall be made upon the Property. The only excavation allowed is that which is reasonably necessary for the construction, reconstruction, or alteration of any building, structure, or other improvement. Section 7. Animals. No animals or fowls of any kind shall be kept or maintained on any Lot except for generally recognized household pets and farm animals, such as horses, cows, alpacas, llamas, and mules. In no event shall such pets or animals be bred or maintained for commercial purposes. Owners shall be responsible for all such pets or animals kept or maintained on their Lot. All allowable pets and animals must be restrained by means of an approved fence or corral within the boundaries of each Lot and Owners shall not allowed any pet or animal to create a nuisance in the area. Any Owner may petition the Association to have an animal or animals declared a nuisance, which the Association, in its sole discretion, shall determine pursuant to Section 5 above. ARTICLE vn - LOT AND BUILDING AND STRUCTURE MAINTENANCE Section 1. Lot Maintenance. Each Owner shall have the responsibility to maintain a clean, safe, and sanitary Lot condition, at such Owner's expense. No trash, brush piles, rubbish, junk, inoperative vehicles, and no other unsightly items of personal property or waste shall be collected, placed, or be permitted to remain on or in front of or in back of any Lot. All exterior garbage containers shall be screened from view of adjoining Lots and the road easement except for the day that waste and trash is scheduled for pickup. Section 2. Building and Structure Maintenance. All buildings and structures erected on the Property shall be kept in good condition and in a neat appearance. No buildings and structure shall be permitted to fall into disrepair. ARTICLE vm - GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE 8 OF 10 .~:¡:::¡:::'::::¡¡::::'1J """', " . , ,. ',' ' ',' ': ~'..' ;j..i,.·..!'~:',~.;2:,' :::!:;:~::§::f::::!::1 t~~~11:'¡ .....;: 000475 reservations, liens, and charges now or hereafter imposed by the provisions of or pursuant to this Declaration. Section 2. No Waiver. Failure by the Association or by Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 3. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions that shall remain in full force and effect. Section 4. Amendment. Subject to the requirements contained within the mortgagee protective provisions, the covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of twenty (20) years. This Declaration may be amended by an instrument approved and signed by Owners representing not less than three-quarters (3/4) of the Members. Any amendment so approved and signed shall be recorded in the land records of Lincoln County, Wyoming. Section 5. Indemnification. The Declarant, the Association, the Members, and any officers or members of any committee established by the Association shall not be liable to any party for any action or inaction with respects to any provision of this Declaration, or any rules formed pursuant thereto, provided such individuals have acted in good faith. All such individuals shall be indemnified and held harmless by the Owners from liability, damages, and expenses, including reasonable attorney's fees, for any decision or action or inaction they may have taken while within the scope and course of their duties. ARTICLE IX - LOTS SUBJECT TO DECLARATION BYLAWS. RULES. AND REGULATIONS All present and future Owners, tenants, mortgagees, and occupants of Lots, where applicable, shall be subject to and shall comply with the provisions of this Declaration as it may be amended from time to time, and to any Rules and Regulations which may be adopted by the Association. The acceptance of a deed or conveyance or the entering into of a lease or the entering into occupancy of a Lot shall constitute agreement that the provisions of these Declarations, and Rules and Regulations which may be adopted by the Association and as they may be amended or supplemented from time to time, are accepted and ratified by such Owner, tenant, occupant, or mortgagee; and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Lot as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE 9 OF 10 .......... ..;;:~::;~:~:;¡ ~ '.':', . :.", '-.~.'.: . .'.'".',',', ...:!......... ·~f:J¡~rf' ...-¡.....\.. . . ..~:¡:~~W:: ~;~;..::~:., :~~I~~t~\: ::¡:;:1~~~';. '.;".'.;..;:;';. " }~f~~;;;~ . :.r~1i~( . ~:~~~f\· ':;,..!..¡:.....,¡'. ...:; <;:~~::{;:::> .. ¿. ;)r:~j~ili¡1;;' /:'\~'~:;' 000476 IN WITNESS WHEREOF, the und5tsigned, being the Declarant herein, has caused this instrument to be executed this 2¡!!: day of October, 2006. T S & M RESOURCE, LLC, a Wyoming Limited Liability Company BY: ~~¥iI MANAGER STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ~ On this ~d- day ofJ_1Ig\:iM;- 2006, before me personally appeared Tony V. Scaffide, to me personally known, who, being first duly sworn, did say that he is the Manager of T S & M Resource, a Wyoming Limited Liability Company; that this instrument was signed on behalf of said Company by authority of its Board of Members; and that said instrument is the free act and deed of said Company. Given under my hand and seal the date first above written. -., KARL F. SCHERBCL - NOTARY PUBLIC County of tíi.\ State. IX lincoln ., Wyonq My Commission Expires ., , My ommission expiie'S:' JlJ[1bdJ NOTARY PUBLIC DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN MEADOWS SUBDIVISION PAGE 10 OF 10 ::::::::*::~::::~:::: .1 ;.·. lt.....I;;~~;