Loading...
HomeMy WebLinkAbout925279 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CLEARVIEW VILLAGE SUBDIVISION This Declarat.ion of Coven~~nditions and Restrictions of Clearview Village Subdivision is made effective the -p- day of September, 2006. This Declaration of Covenants, Conditions and Restrictions regulating and controlling the use and Fli.. opment of certain real property as hereinafter described is made to be effective as of the day of September, 2006 ("Declaration") by Russell B. Motzkus and Michelle . Motzkus, hereinafter referred to as "Declarant", the Owner or beneficial owner of Lots 1 through 14 of Clearview Village Subdivision (the "Subdivision") in accordance with the plat to be filed for record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming (the "Plat"); said Subdivision to be developed in phases, with the first phase filed for record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming on November 8, 2006, as instrument no. 921497, and known as Plat No. 351-F, 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 ofthe Property described shall be owned, held, sold, conveyed, encumbered, leased, used, occupied and developed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors, and assigns and shall inure to the benefit of each Owner of any part thereof. ARTICLE I - Definitions 1. "Association" shall mean and refer to the Clearview Village 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 the individual Lot lines from U.S. Highway 89, as designated on the Plat. 4. "Common Services" shall mean the maintenance and any snow removal services for the Common Areas, and the utility line maintenance and repair services, if any, for utility lines located in the rights-of-way of such roads. 5. "Declarant" shall mean and refer to Russell B. and Michelle A. Motzkus, husband and wife. 6. "Lot" 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 Declarant in the Office of the Lincoln County Clerk. :~ Page 1 of 15 ~, , CÛÛj.3.3 ~ 0::: W ~ ffi en 00 ~ :'_Ø)~~ en v. ... W W ëõ~ù.iZ~ <01QC)~:i' ~:;:~~ffi '" ....I ("):et Wu ~C) ~>- .....z û51- c~:'"')~ ww 0 ~u~ u WWo Z 00:::0 ....I W m 0 0:: ~ ::::¡ 0925279 OOO~99 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. "Party Wall" means a division wall between two connected and mutually supported living units of different owners which stands half on the Lot of each owner and is used and maintained at mutual cost of each owner. 9. "Principal Residence" shall mean the single family residential structure, constructed on any Lot of the Property, which is the principal use of such Lot, and to which the other authorized structures on the Lot are accessory. 10. "Property" shall mean and refer to that certain real property known as Clearview Village Subdivision, in accordance with that plat to be filed for record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming, with the first phase known as Plat No. 351-F, and recorded November 8, 2006 as instrument no. 924197, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 11. "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 title to every Lot, subject to the following provisions: a. The right of the Association to charge reasonable assessments for the use and maintenance of the Common Areas as hereinafter set forth. b. The right of the Association to establish rules and regulations, including speed limits, for the use of the common roads 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 Common Areas in perpetuity. 2. Delegation of the Association of Use. Any Owner may delegate, in accordance with the Bylaws of the Association, his right of enjoyment to Common Areas only to the members of his family, his tenants or contract purchasers who reside on the Property. ARTICLE III - ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 1. Association Membership. Declarant shall have all of the rights, powers and authority of the Association until the Lot Owners have formally established the Association, either as a corporation, unincorporated association or other legal entity of their choosing. The Lot Owners shall establish the Association when ten (10) 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. Page 2 of 15 092527'9 000200 2. Management of the Association and Property. The management and maintenance of the Property and the business property and affairs of the Association shall be managed by a Board of Directors as provided in this Declaration, its organizational documents and bylaws ("governing documents"). All agreements and determinations with respect to the Property lawfully made or entered into by the Board of Directors shall be binding upon all of the owners and their successors and assIgns. 3. Board of Directors of the 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 term of a member shall be three (3) years, except that the terms of the members of the initial board shall be one, two and three years. Thereafter, all members shall serve for a term of three (3) years. The Board shall be elected by a majority vote of the member so the Association. All board members shall be an owner or an officer, partner, shareholder or member of an Owner. Until five (5) 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 an 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. 5. Limited Liability 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 Obligation of Assessments. Each Owner of any Lot (with the exception of unsold Lots owned by Declarant) by acceptance of a deed Page 3 of 15 0925279 000201 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. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. A general, continuing lien is hereby imposed on each Lot in the Subdivision for the payment of annual and special assessments imposed on Lots according to this Declaration. In connection with that general lien, all of the annual and special assessments, together with interest, costs and reasonable attorneys; 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 attorneys' 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 attorneys' fees shall also be the personal obligation of the entity or person who was the Owner of such Property at the time when the assessment fell due. 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Property and for the improvement and maintenance of the common Areas, to include road maintenance, Association employees' wages, mailing costs and other related expenses incurred on behalf of the Association. 3. Annual Budget. The Board shall prepare an annual budget estimate for Common Services and administration of the 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. Special Assessments for Caµital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or part, the cost of any construction, reconstruction, repair or replacement or a capital improvement including the Common Areas and shared access road, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of at least sev(mty-five percent (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 Any Action Authorized under Sections 3 or 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 entitled to cast sixty percent (60%) of all the votes of the membership shall constitute a quorum. If the required Page 4 of 15 -~" 0925279 000202 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 (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 6. Uniform Rate of Assessment. Both the annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly or other periodic basis as determined by the Board. Lots owned by the Declarant shall not be assessed or required to pay assessments of any kind. 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots subject to assessment on the first day of the month following the conveyance of the first Lot. The first I annual assessment for Lots purchased thereafter shall be adjusted according to the number of months remaining in the calenqar 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 assessment on a specified Lot have been paid. 8. Effect ofNon-pavment of Assessments: Remedies ofthe 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 the 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. 9. Priority of the Assessment Lien. Sale or transfer of any Lot or the recording of any mortgage or other lien against the Lot shall not affect the priority of the assessment lien. ARTICLE V -PARTY WALLS 1. Rules of Law to Apply. Each wall which is built as a part of the original construction of the living unties upon the Lots and placed on the dividing line between the Lots of the subject property of this Declaration shall constitute a party wall as defined herein. And to the extent not inconsistent with the provisions of this Article~ the general rules of law regarding party walls and of liability for property damage and injury due to negligent or willful acts or omissions shall apply thereto. Page 5 of 15 O~25279 2. 000203 Repair or Restoration. In the event it becomes necessary or desirable to repair or rebuild th3e whole or any part of the party wall, the repairing or rebuilding expenses shall be borne equally by th3e parties or by their heirs and assigns who shall at the time of the repair or rebuilding be using it, in proportion and to the extent of their use. Any repairing or rebuilding of the walls shall be on the same location and of the same side as the original wall or portion thereof and of the same or similar material of the same quality of that used in the original wall or portion thereof. Nevertheless, should such wall be damaged or destroyed by the default, negligence or other act or omission of one of the parties, such party shall re build or repair the wall and shall compensate the other party for any damages to the property repair the wall and shall compensate the other party for any damages to the property of the other party; and thereafter, the wall as repaired reconstructed under the terms of these provisions shall be and remain a party wall. 3. Destruction by Fire or other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it and if the adjoining owner who has not made restoration to the wall thereafter makes use of the wall, such owner shall contribute to the costs of restoration thereof in proportion to such use without prejudice; however, to the right of any such owners to call for a latter contribution from the others under any rules of law regarding liability for negligent or willful acts or omissions. 4. Right of Contribution. The right of any owner to contribution from any other owner pursuant to the provisions of this Article shall be appurtenant to the land and shall pass to such owner's successors in title. ARTICLE VI - ARCHITECTURAL STANDARDS 1. Architectural/Site Committee: Organization. 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 Declarant. 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: Meetings. Action. Expenses. The Architectural/Site Committee shall meet from time to time as necessary to p~operly perform its duties hereunder. The vote or written consent of a majority of its members shall constitute I I I Page 6 of 15 09252'7'9 an act by the Architectural/Site Committee unless the unanimous decision of this embers is otherwise required by this Declaration. The Architectural/Site Committee shall keep and maintain a record of atl actions from time to time taken by the 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. 000204 5. Architectural/Site Committee Rules. The Architectural/Site Committee may, from time to time, and in its sole discretion, adopt, amend and repeal by unanimous vote, rules and regulations, to be known as "Architectural/Site Committee Rules". A copy ofthe 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 or for any work done or proposed 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. Liability. Neither the Architectural/Site Committee nor any member thereof shall be liable to the Association or to any Owner or project committee for any damage, loss or prejudice suffered or claimed on account of (a) the approval of any plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development, or manner of development, of any property within the Property, or (d) the execution and filing of a certificate pursuant to Section 7 of this Article, whether or not the facts therein are correct; provided, however, that such member has, with the actual knowledge possessed by him, acted in good faith. Without in any way limiting the generality of the foregoing, the Architectural/Site Committee, or any member thereof, may, but is not required to, consult with or hear the Association or any Owner with respect to any plans, drawings, specifications or any other proposal submitted to the Architectural/Site Committee. ARTICLE VII - DESIGN STANDARDS 1. General Standards. The following standards and restrictions are applicable to construction, remodeling, alteration and exterior refinishing of any and all Structures and improvements and site preparation upon each Lot. Page 7 of 15 0925279 00020S 2. Uniform Codes. 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 Fire Code; and e. National Fire Protective Association International. 3. Design Character. All Buildings shall be constructed in character with each other specifically 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. The materials on the exterior of any building Structure shall be new material, except for architectural detailing, which may utilize "used" materials; provided, however, that used materials shall be approved by the Architectural/Site Committee. Approved exterior finish material for building Structures shall include wood, redwood, cedar, log, stucco with wood accents, brick, vinyl siding, metal siding, and natural wood siding; glossy painted finishes may be permitted, upon approval by the Architectural/Site Committee. Exterior finishes may include semi-transparent heavy body stains, pigmented preservatives or clear non-glossy preservatives. Submission of samples of exterior materials is a condition precedent to the Architectural/Site Committee approval of any plan or construction, and the Owner shall use materials which are identical to the samples submitted, or which do not materially vary therefrom. All exposed metal shall have a flat, colored finish, or shall be of a flat color anodized or painted. No geodesic domes, underground or basement-type Structures or berm- type homes shall be permitted. There shall be no exposed cinder block material on the exterior of any Structure. 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. c. Exterior colors shall be earth tones or such other colors as are approved by the Architectural/Site Committee. 4. Building Design. The design of all buildings is subject to the following: a. No structures or improvements shall be constructed on the properties other than one (1) single family dwelling to be occupied by the Owner, his lessee, guests and servants, garage(s), storage building(s) to be used to house vehicles, equipment or supplies. All improvements shall be of new, permanent construction using good quality workmanship and materials. b. The minimum floor area of any single family residents 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 Page 8 of 15 O~25279 000206 residences must also include an attached garage large enough for at least two 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. Roofs shall have a minimum pitch of four feet in twelve feet. All primary roofs shall have a minimum overhang of eighteen inches. Solar collectors shall not be considered roofs. No unpainted metal roofs shall be allowed. d. Solar collectors may be of any construction, materials or pitch required for efficient operation, but they shall not be place don 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. e. Setbacks shall not be less than ten (10) feet from any side or rear boundary line without prior Architectural/Site Committee approval. 5. Site Design. Site design shall comply with the following requirements: a. Fencing shall comply with the following requirements: only fences consisting of wood posts with top rail spanning, three posts and two high tensile wire below, will be allowed on the Property. No barbed wire or two strand wire fences will be permitted except those already established by adjacent landowners not in the Subdivision. b. All fuel tanks, water tanks or similar storage facilities shall either be constructed as an integral part of a Structure or shall be installed or constructed underground. c. Each sewage system is the responsibility of the individual property owners and shall be installed at the expense of the individual property owner and shall be constructed in conformity with the laws of the State of Wyoming and Lincoln County, and no privy, outside latrine, or other like facility shall be permitted except during construction of a principal residence in which case it is required by this Declaration to have such a facility. Every Owner shall refrain from causing any water pollution emanating from his Lot. d. Domestic Water Supply is the responsibility of each Owner and shall be installed at his expense. 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. 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 the size of the project, or doing so would result in undue hardship on the Owner because of strikes, emergencies or natural calamites; provided, however, that the owner is nonetheless obligated to either diligently pursue completion or removal of the building. Page 9 of 15 092527~) 000207 ARTICLE VIII - LAND CLASSIFICATIONS, USES AND RESTRICTIVE COVENANTS 1. Land Classifications. All land within the Pr~perty has been classified into the following areas: a. Residential; and b. Common Roads 2. General Restrictions. The following general restrictions shall apply to all land regardless of classification. 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 building 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 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 purpose other than the authority for the person submitting the plan to commence construction. 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; (2) Any home-based business that may be approved by the Architectural/Site Committee, provided that no commercial business shall be allowed; (3) The leasing of any Lot from time to time by the Owner thereof, subject, however, to prior approval by the Association (which approval shall not be unreasonably withheld) and to all of the restrictions as maybe 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 a 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 in barbecue receptacles, properly constructed permanent outdoor fireplaces or fire pits, and such fires for vegetation and/or rubbish control as may from time to Page 10 of 15 0925279 00020S time be permitted by the Lincoln County fire regulations or during winter months. d. The Owner of each Lot shall be responsible for providing and maintaining the landscaping on and about his/her Lot to include all property in front of the living unit up to and abutting the street curb, with trees, flowers, shrubs, grass and such other plants and items as may be necessary to maintain an attractive appearance consistent with the purposes and intents of this Declaration. All landscaping shall be subject to the approval of the ArchictecturaVSite Committee. e. No goats, turkeys, horses, pigs, cows, livestock or any other domestic animals or fowl shall be maintained on any Lot. Nor more than two adult dogs or other generally recognized house or yard pets shall be maintained on any Lot; provided, however, that all animals shall at all times be restrained or 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. f. No commercial signs whatsoever shall be erected or maintained upon any Lot. A wooden residential identification sign of combined total face area of twelve inches or less may be erected. A sign advertising the premises for sale may be erected as needed for such purposes, provided such sign does not exceed a combined total face are of three square feet. g. No noxious, offensive or noisy activity (disturbance to the peace and tranquility) shall be carried on upon any Lot, nor shall anything be done or placed thereon which may become a nuisances, 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. h. No manufactured or modular house, 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 include but are 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 al~ mean any such building, structure or vehicle, whether or not wheels and/or axles have been removed, after such building, structure or vehicle has bee placed either temporarily or permanently upon a foundation. However, Owners may keep a motor home, camp trailer or other similar recreational vehicle on a Lot so long as the vehicle is currently registered and is not used for residential purposes on the Lot. 1. Each Lot Owner shall be responsible to pay assessments for the snow removal and maintenance costs for the subdivision road as long as they are private roads in conjunction with all other Lot Owners. Bushes, shrubs, weeds and all other Page 11 of 15 0925279 000209 vegetation shall be cleared and large trees pruned within the road rights-of-way . to improve visibility, with related costs being common costs. Such annual assessments not to exceed $200.00 per Lot unless approved in the same manner as required for special assessments for capital improvements. J. No discharge of any firearms in the Subdivision will be allowed. No hunting of wildlife of any sort will be allowed within the confines of the Subdivision. k. No inoperative vehicle shall be kept on the premises for more than thirty (30) days unless parked in an enclosed building. 1. 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 costs 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. m. Owners shall not obstruct the Common roads. No vehicles of any kind may be parked or left standing in the common roads. ARTICLE IX - GENERAL PROVISIONS 1. Lot Splitting~ Consolidation. Two or more contiguous Lots within the property may be combined. Such consolidated lots may thereafter be treated as one Lot and building site, and as such may be subjected to this Declaration the same as a single Lot except for the purposes of levying and collecting assessments; provided, however, the record Owner makes such election in writing and first receives written approval from the Architectural/Site Committee, and a Unity of Title or other appropriate instrument combining the lots is duly recorded in the Office of the County Clerk in Lincoln County, Wyoming. Following the combination of any lots, the resulting larger Lot shall have the number of votes which each individual lot had prior to the combination. Once sold by Declarant, no Lot within the Property may be further divided, subdivided or split. 2. Assignment of Powers. Any and all of the rights and powers vested in the Declarant pursuant to this Declaration may at any tíme 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. Notices~ Documents~ Delivery. 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 Architectural/Site 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 P.O. Box 4246, Bedford, Page 12 of 15 O~25279 000210 WY 83112; provided, however, that any such address may be changed from time to time by an Owner, by the Architectural/Site Committee, or by the Declarant by notice in writing, delivered to the Association, if organized, or if not to all Lot Owners, to Declarant. 4. General Maintenance. The maintenance, alteration, replacement and/or repair of the Common Roads 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 the Lot. ARTICLE X - ENFORCEMENT, DURA nON 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. The party against whom the action was brought shall pay to the enforcing party all costs thereof, including without limitation a reasonable attorney's 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. 2. Duration of Restrictions. All of the covenants, conditions and restrictions set forth in this Declaration shall continue to remain in full force and effect at all times against the Property and the Owners thereof, subject to the right of amendment or modification provided for in this Article, for a term of twenty (20) years, after which time they shall automatically be extended for success 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 times as Declarant owns not less than six (6) 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 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. Utility/Access Easement Annexation. Declarant shall retain the authority to approve any and all requests to annex to and utilize existing utility/access easements and Page 13 of 15 U~25Z79 related facilities; such approval will not be unreasonably withheld, and will be predicated on the compliance with prior conditions/restrictions to such use. 0002j.1 6. Violation Constitutes Nuisance. Every act or omission, whereby any restriction, condition or covenant in this Declaration set forth, if violated in whole or 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 a Lot Owners, and such remedies shall be deemed cumulative and not exclusive. 7. Construction and Validity 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 or 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, subsection, paragraph, sentence, clause and phrase be declared invalid or inoperative or for any reason becomes unenforceable. 8. No Waiver. The failure of the Declarant, the Board or its agents and the Owners to insist, in one or more instances, upon strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or to exercise any right or option herein contained, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment, for the future, and 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 of 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. 9. Variances. The Architectural/Site Committee, in its sole discretion, may allow reasonable variances and adjustments of the foregoing covenants, conditions and restriction in order to overcome practical 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 restrictions in any other instance. 10. Indemnification of the Board and Architectural/Site Committee. The costs to the Association shall include all costs to indemnify and save harmless Declarant, Architectural/Site Committee, the officers and Board of Directors of the Association and agents thereof, their successors and assigns, from and against any and all claims, suits, action, damages, and/or causes of action arising from any personal injury, loss Page 14 of 15 --Jo.....I(.) O~';(~ 5-. d - oflife and/or damage to property sustained on or about the Property, if any, or any appurtenances thereto or arising out of the installation, operation or maintenance of Common Services from and against all costs, counsel fees, expenses and liabilities incurred in and about any such claim, the investigation thereof or the defense at any levels of any action or proceeding brought thereon, and from and against any orders, judgments anJor decrees which may be entered therein. Included in the foregoing provisions for indemnification are any expenses that the Declarant, Architectural/Site Committee, officers and Board of Directors of the Association and agents thereof, their successors and assigns, may be compelled to incur in bringing suit for the purpose of enforcing rights hereunder, or for the purpose of compelling the specific enforcement of the provisions, conditions, covenants and restrictions contained in these Covenants. Further, the costs to the Association of indemnifying the Declarant, Architectural/Site Committee, officers and Board of Directors of the Association shall include all costs and expense whatsoever incurred in the pursuance of their duties, obligations and functions hereunder and in any legal defense of such actions (including, without limitation, counsel fees and costs at all levels of any trial or proceedings, costs of investigation and discovery, and recovery, etc.). ; 00021'2 IN WITNESS WHEREOF, Declarant has caused this Declaration to be duly executed as of the ~day of December, 2006. ~.~-.;. l2Ji ~~£.n ..- ') . ¡tLl [~·LtL· /( Michelle A. Motzkus STATE OF WYOMING ) : ss. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Russell B. Motzkus and Michelle A. Motzkus, husband and wife, this~ day of December, 2006. ~ Cøi;-- t ublic RORY COA TEs . NOTARy PUBLIC COUNTY OF (I) LINCOLN . STATE: OF MYCO WYOMWG MMISSION EXPIRSS"ª"ïI-3-", Page 15 of 15