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RECEIVED 12/12/2006 at 3:35 PM
RECEIVING # 925253
BOOK: 643 PAGE: 98
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY C0009B
DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS
FOR THE ESTATES A T VALLI Vu
Next Step Design and Engineering, LLC, a Wyoming limited liability company
(herein the "Declarant" or "Next Step") hereby declares that all of the lands within THE
ESTATES AT V ALL! VU ADDITION, as more particularly described and laid out in that
certain Plat approved by the Town of Afton on November 28, 2006, and recorded in the Office of
the County Clerk of Lincoln County as Plat No. 354-C on December 1, 2006, which said Plat is
incorporated herein by reference, shall be subject to the following covenants,
RECITALS:
A. Declarant owns an interest in that real property shown and described on the
above-described Plat which is commonly known as The Estates At Valli Vu
Addition and which is referred to herein as the "Subdivision".
B. Declarant intends to sell and convey the Twenty Seven lots which are intended for
residential use, more specifically described in the Subdivision as Lots 9 through
32 and Lots 42 through 44 (herein referred to as the "Lots"), and it records these
Covenants with the intent of creating binding restrictions on those residential Lots
to ensure that each is developed in a desirable, attractive, beneficial, valuable and
suitable manner with a design, use of materials and appearance appropriate for a
residential neighborhood.
C. Declarant adopts and places of record against the Lots these Covenants for the
benefit of the record owners of each Lot (herein "Owner") so that each lot shall be
used only in a manner consistent with these Covenants, which shall run with the
land and be binding on all parties having any right, title or interest in a lot, and
each Owner's heirs, successors and assigns.
D. Declarant creates an Architectural Control Committee (herein "ACC") and a
Home Owners' Association (herein "Association"), both described below, to
supervise and enforce the construction/improvement requirements and other
covenants, as set forth hereinafter, and to otherwise perfonn all of those duties
enumerated below for the welfare of the Lots within the Subdivision.
THEREFORE, Declarant declares that the Subdivision known as The Estates At Valli
Vu, and each lot thereof, shall be owned, transferred and occupied subject to the covenants,
conditions, restrictions, easements and liens (herein described as the "Covenants") as set forth
herein.
1. LOTS DEFINED. There are forty six total lots described on the Plat; some of
the lots shown thereon are not intended for residential use. These Covenants shall apply only to
the twenty seven (27) residential Lots of THE EST A TES AT VALL! VU SUBDNISION which
are intended for residential use - such lots being designated and shown on the aforesaid Plat as
Lot 9 through Lot 32 and Lots 42 through 44 (herein referred to as "Lot" or "Lots"). Each
covenant herein shall apply to each said Lot, and shall be binding upon and run with the land.
Provided further, Declarant has developed certain other commercial and/or non-residential lots
within the Subdivision, as referred to and shown on the Plat as Lots 1 through Lot 8, Lots 33
through 41 and Lots 45 and 46, and such non-residential lots shall not be affected or burdened by
this Declaration but may be burdened by separate covenants placed of record for the use of such
commercial lots, with such covenants being separate and independent from the requirements set
forth herein.
2. No FURTHER SUBDIVISION. No Lot which is part of the Subdivision shall ever
be hereafter further divided, subdivided, split or partitioned in any manner.
3. RESIDENTIAL USE ONLy/HoME BUSINESS EXCEPTION. All Lots affected by this
Declaration shall be used for residential purposes only. If an Owner leases a home on a Lot to
a......
0925253 000099
another person, the Owner shall be responsible for ensuring only residential use be made of the
Lot and compliance by the lessee with these covenants.
No business or commercial building may be erected on any Lot, and no commercial
enterprise or other non-residential use may be conducted on a Lot; provided however, nothing
herein shall prohibit a home business or home occupation use that may be otherwise pennitted
under the applicable zoning regulations of the Town of Afton, Wyoming, as now in effect or as
hereafter amended or promulgated, by an Owner of the Lot so long as such home business occurs
within the Owner's home electronically or by other means not involving externally visible
activities or traffic above and beyond what would otherwise be reasonable if that Lot were used
exclusively for residential purposes,
4. CONSTRUCTION REQUIREMENTS.
a. New Construction/Time For Completion. All buildings erected on a Lot shall
be on-site new construction with new quality materials, No Owner shall erect or place any
mobile homes on any Lot at any time. Trailers shall not be used as a residence on any Lot during
construction. Once construction of a structure is commenced on a Lot, construction of that
structure shall be completed within twelve (12) months of commencement.
b. Compatibility of Improvements. All buildings, fencing and any other
improvements constructed on a Lot shall be appropriate in character, design, color and
architecture in relation to the general area and to the other homes in the Subdivision. No unusual
design, styles or construction methods shall be allowed.
c. Colors of Improvements. All buildings and improvements will be painted,
stained, sided and roofed in primarily earth tone colors so that they shall blend with the land and
the surrounding area and homes as much as possible.
d. Number of Buildings Per Lot. No buildings shall be erected, altered, placed
or pennitted to remain on a Lot other than: one (1) single-family primary residential dwelling
which shall have a private attached garage for at least two vehicles, and a maximum of one (1)
additional accessory building which may be used for a barn, shop, additional garage, studio, or
guest house, workshop, recreation room, storage area, or any combination thereof.
e. Minimum Square Footagefor Homes, Every primary residential dwelling
that is a single story home shall have a minimum of Fourteen Hundred (1400) square feet of
above-grade finished living area. Every primary residential dwelling that is a two story (above
grade) home shall have a minimum ground level floor area (ie., footprint) of no less than Twelve
Hundred (1,200) square feet of finished living area on the ground level and no less than a total of
Eighteen Hundred (1,800) square feet of finished living area above-grade. No primary residential
dwelling shall exceed two stories above finished grade. No basement area will be considered a
part of the finished floor area requirements. No basement shall extend higher than thirty inches
(30") from the highest point of the finished grade elevation of the primary residential dwelling;
provided however, if a Lot allows for a daylight basement, a daylight basement shall be pennitted
with the daylight portion being allowed to exceed said 30" maximum.
f. Accessory Buildings. One accessory building may be constructed on a Lot for the
storage of an owner's personal property and vehicles. No accessory building shall exceed 1,200
square feet on the ground level, and shall be of properly framed construction, No Accessory
building shall exceed a height of fourteen feet (14') at the highest point of the sidewall nor
twenty seven feet (27') feet from the top of the floor to the highest point of the main roof ridge
line. Provided further, the accessory building constructed on a Lot shall be constructed in a style
and size that matches and is compatible with the primary residential dwelling constructed
thereon, and the siding and roof materials and colors of both buildings shall be the same on the
DECLARATION OF COVENANTS
ESTATES AT VALL! VU SUBDIVISION
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0925253
dwelling and accessory building.
In an effort to promote a higher quality look than an average pole-type barn, each
accessory building shall have one or more architectural details that provide a higher-than-average
appearance (examples of such intended details include but are not limited to: varying or multiple
roof lines, covered porch or landing, a roof cupola or other such architectural details). The
architectural details required by this paragraph shall be subject to the approval of the ACC.
000:100
h. Prohibited Sidings. No primary residential dwelling nor any accessory building
erected on a Lot shall be sided with any other materials such as the following materials, which
are prohibited unless approved by the ACC as such materials are typically inferior and less-than-
average in quality and appearance, to-wit: I
i. plywood or any wood sheet panel siding (except as used in creating a
board and bat siding and approved by the ACC);
11. vinyl siding;
111. metal siding (except when used in a mix with masonry and approved
~~~q .
IV. pressed board, hard board siding or other such inferior grade composite
siding;
v, exposed unfinished cement or concrete block (no more than 12 inches
on the front elevation, or 30 inches on other elevations, of unfinished
concrete for a basement/foundation wall shall be left exposed in its
unfinished condition), or
VI. any other inferior siding.
j. Soffit and Fascia. All soffit and fascia shall be considered a part of the siding
and shall be installed using new quality material and in accord with the siding materials which
are not disallowed above; provided however, metal soffit and fascia may be used so long as such
metal soffit and fascia meets the following minimum quality specifications: all such metal shall
be of a high quality and thickness and shall be properly installed; and fascia over seven inches
(7") in height shall have a stepped appearance. Provided further, whenever metal soffit and
fascia is used, that area where the rake fascia board meets the horizontal soffit from the side of
the house, that connection shall be finished by boxing in the connection so that it has a finished
appearance.
k. Trim Boards/ Window&Door Casing. Should any building be sided with
any material except those those prohibited in paragraph 4.h. (ii) and (iii), above, then all exterior
windows and doors shall have a minimum of 3 Y2 inch, and a maximum of 6 inch, trim boards
which case all windows and doors and shall have comer boards with a minimum width of 3 Y2
inches, and a maximum of 6 inches, on each comer ofthe building.
1. Roofing Requirements. All major roof lines of any primary residential
dwelling shall be pitched with at least a 6/12 pitch, unless otherwise expressly pennitted by the
ACC. All buildings constructed on a Lot shall have a roof of at least eighteen inch (18")
overhang. No major roof line of any other structure erected on a Lot shall be pitched less than a
6/12 pitch. Pennitted roofing materials shall not be in any unusual color and are limited to: (i)
tile or slate; (ii) asphalt shingles; provided however, if asphalt shingles are used, they shall be the
architectural design with the "shake" look and shall be of a quality with at least a 35 year rating,
(iii) high quality composite shakes, (iv) real cedar shakes, (v) metal roofing with a baked enamel
or high quality coated finish and in an architectural grade with concealed screws/fasteners, or (vi)
other such higher-than-average quality roofing material approved by the ACC.
n. Sheathing & Exterior Framing Requirements. All construction shall use
sheathing (except in types of construction where sheeting is not required, like logs) meeting at
least the following minimum requirements: (i) all wall sheathing shall be at least 7/16" plywood,
OSB or comparable sheathing product; (ii) all roof sheathing shall be at least 5/8" plywood, OSB
DECLARATION OF COVENANTS
ESTATES AT VALL! VU SUBDIVISION
PAGE 3 OF 11
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0925~tc~mparable sheathing product; and (iii) all sub flooring shall be at least 3/4" plywood, OSB or
comparable sub flooring product. Additionally, all exterior stud walls shall be framed with studs
on 16" centers or less. The purpose of these requirements is to ensure the quality of the exterior
appearance of the buildings shall be long lasting and shall not sag or develop a lower quality
appearance because of lesser construction products used for exterior sheathing/framing.
o. Fences. No fences shall be constructed on the common boundary ofthe Lot
and the golf course. On the other three boundaries of a Lot, fences shall be minimized and there
shall be no chain-link fences, no woven or barbed wire fences, no concrete block fences, nor any
other unusual type of fence not common to the area on any Lot. All permanent fences to be
constructed on a Lot shall be subject to approval by the ACC.
5. ARCHITECTURAL CONTROL COMMITTEE.
a. Formation Of the Architectural Control Committee -- The Architectural Control
Committee (herein the "ACC") is created by this Declaration, and it shall have the exclusive
right to govern, control and enforce the architectural review and approval of the building
requirements for all construction and landscaping on a Lot and any other improvements to a Lot.
The ACC shall further be responsible for the approval/denial of any variance to the construction,
design, elevation, landscaping or other general building requirements for each Lot, as set forth
herein.
The ACC is initially made up of one member who shall be the Declarant. Once seven (7)
of the above-described residential Lots in the Subdivision are sold and conveyed of record by
Declarant, then the initial ACC shall thereafter be made up of three (3) members, who shall be:
(i) NEXT STEP, or its successor or its assign, (ii) a Lot Owner appointed by NEXT STEP in its
sole discretion, and (iii) a separate Lot Owner who shall be elected by the Association, as defined
herein. After Next Step has sold and conveyed all Lots of the Subdivision, the three members of
the ACC shall thereafter be elected by the Association each year at the Association's annual
meeting. During its tenure on the ACC, NEXT STEP shall have the right, in its discretion, to
vacate its position on the ACC and it can assign its position to another Lot Owner, in its
discretion.
Any action taken by the ACC shall require an affirmative vote by at least two of the three
members,
b. Purpose/Intent of Architectural Control Committee -- The purpose and intent of
the ACC is for it to serve as the exclusive architectural control committee for the Subdivision to
protect the generally required characteristics of construction described herein and to prohibit any
construction or improvement on a Lot in violation of such requirements and the theme intended
for the subdivision. In its capacity as an architectural control committee, the ACC's approval
shall be required to commence construction. The ACC shall have the sole and exclusive control
over such construction requirements and all decisions made by the ACC, in its sole discretion,
shall be binding on the Subdivision and all Lots thereof.
c. Submission of Proposed Plans to Ace -- Review and Approval Process.
Whenever an Owner of a Lot wishes to construct a primary residential dwelling, an accessory
building or any permanent improvement/construction, or landscaping, the Owner shall submit to
the ACC three (3) full sets of building and site plans for such proposed construction. Such plans
shall show all exterior elevations of the proposed building(s) and shall designate all the materials
and colors to be used for all exterior materials so that the ACC has sufficient information to
evaluate if the proposal meets the requirements set forth herein. Additionally, the Owner shall
submit color samples of all such materials, and a landscaping plan for the Lot, for the ACC's
review and approval process.
DECLARATION OF COVENANTS
ESTATES AT VALL! VU SUBDIVISION
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0925253
C00102
Upon receipt of such plans, the ACC shall call a meeting for the purpose of the ACC's
review of the plans and samples submitted as soon as possible, but in no event shall such meeting
occur later than twenty (20) calendar days from the date of the ACC's receipt of the plans and
samples. At said meeting, the ACC sha~l have the opportunity to comment on the plans and
discuss the same. At the conclusion of the discussion, the ACC shall vote on its approval of the
proposed plans and samples. The approval of such plans shall require at least a two-thirds
approval by the member(s) of the ACC, and such approval or denial shall be in the sole
discretion of the ACC. The ACC shall issue a written statement outlining the result of said vote
and whether the ACC approved or denied the proposed plans and samples. If denied, the ACC
shall provide a written summary of the reasons for such denial and shall provide the same to the
Lot owner who proposed the plans within ten (10) days from the date of said meeting. No
construction shall commence until the plans therefore have been approved by the ACC.
d. Intent of Architectural Control and Possibility For Variance. It is the intent
of these Covenants to ensure that the homes and accessory buildings constructed within THE
ESTATES AT V ALL! VU Subdivision are higher-than-average homes in tenns of quality,
appearance and styling. The Lot owners wish to promote a high quality of construction and
appearance for each building to be constructed in the Subdivision to protect each other's desired
lifestyles and property values.
As further provided hereafter in the Covenants, the ACC, in exercising its architectural
control of the Subdivision, may grant a variance to an Owner upon the Owner's written request
to allow the primary residential dwelling or accessory building to be constructed, sided or roofed
in some material other than those expressly pennitted above. The Declarant acknowledges that
there may be a type of construction, siding, roofing or other materials proposed that may be
otherwise prohibited herein but because of the overall high quality of construction, appearance
and style of the proposed residence or building the ACC may allow such and grant a variance.
6. GENERAL IMPROVEMENT SET BACK. No improvement (excluding perimeter
fences, landscaping and similar improvements which would not defeat the purpose of the set
back) shall be constructed closer to any property line than that pennitted by the rules and
ordinances of the Town of Afton or a distance of ten (10) feet or a distance shown on the Plat,
whichever is greater, without an express variance granted by the ACC on a case-by-case basis.
Eves, steps and open porches of buildings shall not be considered as part of such improvement.
Consideration should be given to place structures so as to provide continuity with the other
existing homes in the Subdivision and the natural surroundings.
7. EXTERIOR LIGHTING. Only standard residential lighting shall be used to
illuminate a Lot. All outside lighting shall be arranged, directed and/or shielded so as to prevent
any such light shining onto an adjacent road and/or other Lots,
8. UTILITIES/EASEMENTS. All utilities and service lines installed on Lots shall be
underground. No propane tanks shall be used as a source of fuel for the homes' utility system.
Easements are granted to and for the benefit of each Lot along those routes shown on the above-
described Plat and designated thereon. The purpose of these easements is to provide each Lot
with the benefit of allowing utilities, drainage and irrigation along such routes as may be
necessary for each Lot in the Subdivision.
10. VEHICLES. MACHINERY AND EQUIPMENT, Vehicles which are not in running
condition or are in a state of disrepair, and all trailers, campers, boats, recreational vehicles,
motorcycles and other like vehicles, machinery and equipment shall not be placed or stored
anywhere on a Lot unless enclosed in a garage or accessory building and out of the view of other
Lot owners. Vehicles which are properly licensed and are used on a daily basis do not need to be
stored in such a manner.
DECLARATION OF COVENANTS
ESTATES AT V ALL! VU SUBDIVISION
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0925253
C00103
Each Owner shall provide off-street parking for at least two vehicles on each Lot and
such parking area shall be surfaced with either asphalt or concrete. No trailer, RV, boat, camper
or any other recreational type vehicle shall be situated or parked on any Lot within the
Subdivision for more than four consecutive days, nor more than a total of two weeks within any
calendar year, unless such vehicle is enclosed in the garage or accessory building.
Motorcycles, atv's, snow machines and similar vehicles may be used only to enter and
exit from the public roads to a Lot, and no such vehicle shall be operated on a Lot in any unsafe,
noisy or offensive manner.
11. LIVESTOCK AND PETS. No livestock of any nature shall be kept, raised, or
maintained on a Lot ("Livestock" shall include but not be limited to: horses, donkeys, cattle,
sheep, pigs, goats, llamas, peacocks, turkeys, chickens and any other such animals not
customarily kept as household pets in the area), unless a specific variance is granted by the ACC
in its sole discretion. Commercial animal husbandry shall not be practiced in any form, and all
pets shall be maintained for personal and family use only. No lot owner shall keep more than
three dogs nor more than three cats on a Lot, and all such dogs/cats shall be kept restrained on an
owner's Lot in a reasonable manner and shall at all times be kept from creating a nuisance or
disturbance (particularly a noise disturbance) to other Lot owners within the Subdivision.
12. FIREARMS. No gun or any other high-powered firearm shall be discharged within
the Subdivision.
13. HAZARDOUS. NOXIOUS. OR OFFENSIVE ACTIVITIES. No hazardous, illegal,
noxious, or unreasonably loud or offensive activities shall be permitted within the Subdivision,
nor shall anything be done or placed within the Subdivision which is or may become a nuisance.
Each Owner shall maintain his Lot at all times in a safe, sound and sanitary condition and shall
repair or correct any condition and refrain from any activity which might interfere with the
reasonable enjoyment by other Owners oftheir Lots.
14. IRRIGATION OF YARDS/LANDSCAPING.
a. Irrigation Works For Subdivision and Lots. Declarant expects that irrigation
water will likely be available to Lot owners. If such irrigation water is available, any common
irrigation works that are used for the common benefit of the Lots shall be maintained and
controlled by the Association.
b. Landscaping. Landscaping of each Lot is required and shall be completed no
later than twelve (12) months from the date the residential dwelling on the Lot is occupied. This
landscaping requirement includes the planting of grasses, shrubs, bushes, flowers and trees and
other customary landscaping features. Each Owner shall submit its landscaping plan for review
and approval by the ACC at the time his building plans are submitted, and such landscaping plan
shall be subject to the ACC's approval process noted above. All such landscaping shall be
reasonably maintained and manicured and each Lot shall be kept reasonably clear and free of
noxious weeds.
15. DESTRUCTION OF IMPROVEMENTS. In the event any structure is destroyed either
wholly or partially by fire or other casualty, that structure shall be promptly rebuilt, remodeled or
entirely removed from the Lot to conform with these covenants.
16. GOLF COURSE - PLAYING PRIVILEGES. During the development of the
Subdivision, the Declarant and the Town of Afton agreed that the Town of Afton, as owner of the
golf course adjacent to the Subdivision, shall provide the right for each residential Lot to golf
upon the course if Declarant constructed an addition to the course. As a result of such
agreement, the Town of Afton agreed that each residential Lot within the Subdivision (that is,
Lots 9 through 32 and Lots 42 through 44 as shown on the Plat) shall have one four-person pass
and each condominium unit on the adjacent property referred to as the Condos At Valli View
DECLARATION OF COVENANTS
ESTA TES AT V ALL! VU SUBDIVISION
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0925253
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shall have one (1) two-person pass. This right to playing privileges are to be appurtenant to the
ownership of each Lot shown on the plat (and to each Condo).
The playing privileges shall also be subject to the following. All play on the golf course
shall initiate at and pass through the starting block in the same manner as any other players. The
tenns of the foursome pass to each Lot owner in the Subdivision (and of the twosome pass for
the Condos) shall be on the same tenns as a season pass holder, except: (i) use of the pass owned
by the Lot owner of the Subdivision (or the Condo passes) shall not be used more than once per
day, whereas season passes can be used more than once per day; (ii) the pass owned by each Lot
owner of the Subdivision (and the Condo passes) can be used by anyone, including people other
than the owners of the Lot (or Condo) and those persons related to the owner, whereas season
passes can only be used by the specific pass holder and/or their families.
Such passes are appurtenant to the Lot (and Condo) and are non-revocable. However,
should the pass appurtenant to a specific Lot (or Condo) be abused, the following complaint
process shall be followed. If a written complaint is filed with the golf board regarding the use of
an pass appurtenant to a Lot (or a Condo), the board shall first issue a verbal warning to the
owner if the board finds the complaint to be justified. If the activity by the pass owner which
justified the verbal warning is not corrected in a timely manner, the board shall issue a written
warning to the owner. If the activity by the pass owner which justified the verbal and written
warning is not corrected, the board may suspend the use of such pass for a fixed period of time,
not to exceed three (3) months. If such activity is not thereafter corrected by the pass owner, the
Town Council, Town of Afton, shall have the right to pennanently tenninate the pass and the
right otherwise appurtenant to the respective Lot (or the Condo) shall cease to provide that Lot
(or Condo) any privileges to play the golf course thereunder,
During the approval of the Subdivision, the Town of Afton and Declarant agreed that the
passes referred to herein as being appurtenant to each Lot (and Condo) were to be analogous to a
recorded easement. Declarant hereby assigns all of its right, title and interest in the privilege to
play the golf course under the tenns of the passes described above to each Lot of the Subdivision
and to each above-described Condo, respectively. Declarant reserves, however, the right to
execute a separate document to be recorded which further solidifies theses tenns of said
appurtenant passes, which shall be executed by the Town of Afton and Declarant (as developer of
the Subdivision and a portion of the golf course) for the benefit of each said residential Lot. All
of Declarant's after-acquired rights under such a recorded agreement shall be deemed to be
appurtenant to each said Lot (and Condo) respectively,
17. The ESTATES AT V ALL} Vu SUBDIVISION HOME OWNERS' ASSOCIATION.
a. Creation. The ESTATES AT VALL! VU Homeowners' Association (herein
referred to as the "Association") shall be created hereafter by the Owners as a nonprofit
Association under Wyoming Statutes, to exercise the powers granted. and to perfonn the
functions imposed, by these Covenants with regard to the Lots.
b. Purposes and Powers. The general purposes ofthe Association are to:
(i) enforce these Covenants, as set forth herein and as may be amended,
(ii) to govern, administer and pay for the private maintenance and repair of all
common areas and elements within the Subdivision, if any.
(iii) to ensure the proper delivery, operation and maintenance of the available
appropriated irrigation water to and through the main irrigation works within the Subdivision;
(iv) to generally promote the health, safety, and welfare of the residents of the Lots.
The Association shall also have the power to provide such additional services for the Lots and
the Subdivision as the Owners may from time to time approve.
(v) to file any tax returns required by the I.RS. for the Association's collection and
use of dues.
For these purposes, the Association is hereby empowered to:
(1) exercise all of the authority, powers, and privileges delegated to or vested in the
DECLARATION OF COVENANTS
ESTATES AT VALLI VU SUBDIVISION
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Association by these Covenants, by Wyoming Statutes, or as may be reasonably implied as being
necessary and proper hereunder, and to perfonn all of the duties and obligations established by
these Covenants;
(2) elect officers to carry out the administrative duties authorized by the Association's
members from time to time. Officers shall include a President, Vice President and
Secretary/Treasurer unless otherwise provided by the Association;
(3) fix, levy, collect, and enforce payment by any lawful means, all charges or
assessments pursuant to these Covenants, and to pay all expenses in connection therewith and all
expenses incident to the conduct of the business of the Association, specifically including but not
limited the costs associated with repairing, maintaining and operating the dedicated roads within
the Subdivision, as shown on the Plat, and maintenance and repair of said main irrigation
pipeline and the entryway(s) ofthe Subdivision; and
(4) employ such finns or persons to perfonn ~ny or all of the duties and obligations of
the Association.
c. Membership. Every person who is an Owner of a Lot shall be a member of the
Association, and such membership shall be appurtenant to and may not be separated from the
ownership of the Lot. An Owner shall become a member upon conveyance of record to him of
his Lot and shall cease being a member upon his conveyance of record of such Lot. No
certificate or document, save and except a recorded conveyance to a Lot, shall be required to
evidence such membership. At the discretion of the Members, owners of the non-residential lots
within the Subdivision that are not included in this Declaration may hereafter be added as
members of the Association for certain common interests they may have with the Association,
d. V otin2 Ri2hts. Each Owner shall be entitled to one vote for each said residential
Lot owned, save and except that the voting rights of any Owner who is more than 30 days past
due on the payment of any assessment to the Association shall be automatically suspended until
such assessment, together with interest, costs, and reasonable attorney's fees, is paid in full. The
voting rights of any Owner against whom an enforcement issue is being voted upon by the
Association shall be suspended for the vote on that enforcement issue only. When more than one
person owns an interest in any Lot, the vote for such Lot shall be exercised as they detennine, but
in no event shall more than one vote be cast on behalf of each Lot.
e. Action. An action of the Association, or any approval required of the owners
under these Covenants, shall require the affinnative vote of at least seventy percent (70%) of all
Lots, excluding the vote of any Owner whose voting rights are suspended under Subparagraph d.,
cast in person or by proxy, at a duly constituted meeting of the Association, or, without a meeting
by written approval of such action by said Owners.
f. Meetin2s. The. Association shall have an annual meeting. The first annual
meeting shall be held in the month of July of 2007, as shall be called to order by Declarant. At
such initial annual meeting, the members of the Association shall detennine the preferred time,
date and location for the annual meetings thereafter. Other special meetings of the Association
may be called at any time by the written request of the Owners of any five (5) Lots. Written
notice of any and all meetings of the Association shall be given by mailing a copy of such notice,
postage prepaid, at least 15 days before such meeting to each Owner, addressed to the Owner's
address last appearing on the books of the Association, or supplied by such Owner to the
Association for the purpose of notice. Such notice shall specify the place, day, and hour of the
meeting, and the purpose of the meeting. Each Owner may vote in person or by proxy at all
meetings of the Association. All proxies shall be in writing, Every proxy shall be revocable and
shall automatically cease upon conveyance by the Owner of his Lot.
g. Books and Records. Upon prior written request, the books, records, and papers
of the Association shall be subject to inspection at a reasonable time and place by any Owner and
by a mortgagee holding a duly recorded mortgage against a Lot.
h. Principal Office. The Association shall designate a principal office from time
to time.
i. Dissolution. The Association may be dissolved upon the written approval of all
of the Owners of all the Lots. Upon dissolution of the Association, the assets of the Association
shall be distributed to the Owners of the Lots within THE ESTATES AT VALL! VU
DECLARATION OF COVENANTS
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ADDITION in equal shares, or, dedicated to an appropriate public agency or nonprofit
organization to be used for purposes broadly similar to those for which this Association was
created.
j. Limitations. No part of the net earnings of the Association shall inure to the
benefit of, or be distributed to, the Owners, except that the Association shall be authorized to pay
reasonable compensation for services rendered.
18. ASSESSMENTS.
a. Creation of Lien & Personal Oblil!ation of Assessments. Each Owner of any
Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association all assessments or charges duly
established and levied as hereinafter provided. 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 the Lot against which each 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 Lot at the time when the assessment fell due. The personal
obligation for delinquent assessments shall not pass to an Owner's successors in title unless
expressly assumed by them.
b. Purpose of Assessments, The assessments levied by the Association shall be
used exclusively to pay the obligations imposed upon the Association by these Covenants and to
promote the health, safety, and welfare of the residents of the Lots.
c. Annual Assessments. The Association shall establish an annual assessment to
meet its obligations under these Covenants, including but not limited to the obligations to
maintain the above-described roads, main irrigation pipeline and entryway(s) of the Subdivision,
and to otherwise satisfy the operating expenses of the Association. The Association shall have
the power to include within the annual assessment any amount necessary to meet the costs of any
other service duly approved by the Association.
d. Special Assessments. In addition to the regular assessments authorized above, the
Association may levy, in any assessment year, a special assessment applicable to that year only as
approved by the Association.
e. Approval of Assessments. All assessments under this Paragraph shall be
subject to the approval of the Association, as provided herein. It is Declarant's intention that the
initial annual assessment for the year 2007 shall be set in accord with c. above at the
Association's first annual meeting in 2007.
f. Uniform Rate of Assessment. Both annual and special assessments must
be fixed as a unifonn rate for all Lots.
g. Commencement of Annual Assessments. The annual assessments provided
for herein shall commence as to all Lots on such date as shall be established by the Association
under Subparagraph e. The annual assessment period shall be from January 151 of each year
through December 315t, unless otherwise agreed by the Association. The Association shall fix
the amount of the annual assessment against each Lot at least 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 Association. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate signed by the Association setting forth
whether the assessments on a specified Lot have been paid. A properly executed certificate of
the Association as to the status of assessments on a Lot is binding upon the Association as of the
date of its issuance.
h. Effect of Nonpavment of Assessments, Any assessment not paid within 30 days
after the due date shall thereafter bear interest from the due date at the rate of 12 percent per
annum. Upon the failure of a Lot Owner to pay the assessment when due, the Association will
provide written notice to the violating Lot Owner by delivering the notice by certified mail --
such delivery shall be deemed effective on the date notice is mailed by the Association. The
violating Lot Owner shall have thirty (30) days from the date the notice is deposited in the mail
to pay, in full, the unpaid assessment, interest thereon and costs. If payment is not received by
the Association within said 30 day period, the Association may bring an action at law against the
DECLARATION OF COVENANTS
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Owner personally obligated to pay the same, or may foreclose the lien against the Lot whicn IS
created herein by such nonpayment. The lien created herein shall be foreclosed in the manner
provided for the foreclosure of real estate mortgages and liens thereon in the State of Wyoming
and may be, at the Association's discretion, accomplished by advertisement and sale as provided
in the Wyoming Statutes. In the event of such collection and/or foreclosure, the nonpaying Lot
Owner shall be liable for all attorney's fees and costs incurred by the enforcing party in such
collection. No Owner may waive or otherwise escape liability for the assessments provided for
herein by non-use of his Lot.
i. Subordination of Lien to Morteaees. The lien of the assessment provided
for herein shall be subordinate to the lien of any first mortgage against the Lot. Sale or transfer
of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant
to the foreclosure of a first mortgage or any proceeding in lieu thereof, shall extinguish the lien of
such assessments as to payments which become due prior to such sale or transfer. No sale or
transfer shall relieve such Lot and/or Owner from liability for any assessments thereafter
becoming due or from the lien thereof.
19. VARIANCE.
a. Architectural Control Variance Issues -- The ACC shall have the exclusive power
and authority to grant a variance, upon an affirmative vote of at least two of its three members, to
the architectural control requirements set forth herein, including but not limited to the
construction, design, elevation, landscaping or other general building requirements for each Lot.
It is expressly agreed, by acceptance of title to each Lot encumbered by these Covenants, that the
ACC shall have the exclusive right to grant such a variance in its sole and absolute discretion as a
committee.
b. Variances For Other Provisions of Covenants -- Provided further, the Association
shall have the power and authority, upon an affirmative vote of at least seventy percent (70%) of
Lot Owners, to grant a variance from the other, non-architectural control requirements set forth in
these Covenants for good cause shown in order to prevent undue hardship on an Owner subject
to the Covenants, The variance, if granted, shall not violate the overall theme and appearance of
the property subject to these Covenants and shall be in writing.
20. ENFORCEABILITY. These Covenants, and each and every provision hereof, may
be enforced, including but not limited to the right to require specific performance, by the record
Owner of any Lot in the Subdivision or by the ACC or by the Association; however, these
Covenants shall not run to the benefit of a third party not an Owner within the Subdivision (or
any future additions thereto, if any), except as otherwise specifically provided herein. The ACC
and/or Association shall be entitled to recovery of its attorney's fees and costs incurred in a
successful enforcement of these Covenants, including but not limited to enforcing those lien
rights set forth above.
21. SEVERABILITY. Invalidation of anyone of these Covenants or restrictions
by judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
22. NON-WAIVER. Any failure to promptly enforce a violation of these Covenants
shall not be deemed a waiver of the right to so enforce these Covenants.
23. COVENANTS RUN WITH THE LAND: AMENDMENT. This Declaration of
Covenants shall run with the land and shall be binding upon the Subdivision and each Lot for a
period of twenty years from the date hereof, and shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by at least eighty percent (80%) of Lots
affected or record by these Covenants repeals and revokes this Declaration in its entirety.
Except as expressly otherwise provided herein, these Covenants may be amended only
upon an affirmative vote of at least seventy percent (70%) of Lots affected of record by these
DECLARATION OF COVENANTS
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Covenants and with an instrument signed by the record owners of at least 70% of such Lots,
which shall be filed in the Office of the County Clerk of Lincoln County, Wyoming.
Executed by the Declarant this -LL day of December, 2006,
DECLARANT:
NEXT STEP ENGINEERING, DESIGN AND
CONSTRUCTION LLC, A WYOMING LIMITED
LIABILITY COMPANY
By:
i
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN· )
On this -.LL day of December, 2006, the foregoing Declaration was acknowledged
before me by Bradley D. Morehouse, Manager of Next Step Engineering, Design and
Construction, LLC, who appeared before me and was personally known to me.
GNEN under my hand and notary seal th:;;= a:~
Notary Public
My Commission expires:
q -/.
GLORIA K. BYERS· NOTARY PUBUC
County of ' State of
LIncoln Wyoming
My CommIssIon Expires Sept. 15, 2007
DECLARATtON OF COVENANTS
ESTATES AT V ALL! VU SUBDIVISION
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