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HomeMy WebLinkAbout926439 V'vOG32 ALPINE AIRPARK ASSOCIATION DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES THIS DECLARATION, is made January~, 2007, by WJW Holdings WY, LLC, a Wyoming limited liability company, and WJW Holdings, LLLP, a North Dakota limited liability limited partnership, hereinafter referred to as "Developer", who desires to provide for the preservation of the values and amenities of the property described in Article II of this Declaration, hereinafter called the "Property", and who makes the following declarations: A. The Developer is the owner of certain real property situated in Lincoln County, Wyoming, which is being used as a semi private airstrip known as the Alpine Airpark; B. The Developer is also the owner of certain real property which is adjacent to the Airpark, and such property is being developed for residential use by pilots, aviation enthusiasts and others; C. The Developer desires to establish for its own benefit and for the mutual benefit of all future Members of the Alpine Airpark Association, and others, certain easements and rights in, over and upon Developer's property and certain mutually beneficial restrictions and obligations with respect to the proper use, conduct and maintenance thereof; D. The Developer desires and intends that the Alpine Airpark Association and its Members, occupants and all other persons hereafter acquiring any interest in the Alpine Airpark Association shall at all times enjoy the benefits of, and shall hold their interests subject to, the rights, easements, privileges and restrictions hereinafter set forth, all of which shall run with the land and be binding upon the Property and all parties having or acquiring any right, title or interest in or to the Property, or any part thereof, and shall inure to the benefit of each owner thereof, and all of which are declared to be in furtherance of a plan to promote and protect the cooperative use, conduct and maintenance of the Property and are established for the purpose of enhancing and perfecting the value, desirability and attractiveness thereof; and, E. To this end the Property is subject to the covenants, conditions, restrictions, reservations, easements, liens and charges set forth in this Declaration, each and all of which is and are for the benefit of the Property and each Owner. These covenants, conditions, restrictions, reservations, easements, liens and charges shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the properties herein described or any part thereof, and shall inure to the benefit of each Owner thereof. NOW, THEREFORE, Developer declares that the Property is and shall be held, transferred, sold, conveyed and occupied subiect to the covenants, conditions, RECEIVED 1/31/2007 at 10:30 AM RECEIVING # 926439 BOOK: 647 PAGE: 632 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1 F:IFllesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 0926439 restrictions, reservations, easements, liens and charges (sometimes referred to as "covenants and restrictions") set forth in this Declaration. 000633' " ARTICLE I. DEFINITIONS 1. The following words, when used in this Declaration (unless the context shall prohibit), shall have the following meanings: a. "Lot" shall mean and refer to any lot, condominium unit or plot of land shown upon any recorded plat of the Property. If a Lot as shown on the plat or a portion thereof, is added to an adjacent Lot, then the same shall be considered as one Lot for purposes of this Declaration. b. "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 the Property, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. c. "Building Plot" shall mean and consist of one or more Lots or one Lot and a portion or portions of adjacent Lots which have the same Owner. d. "Family" shall mean one or more persons living in a residential building as a single housekeeping unit and shall exclude a group or groups of persons where three (3) or more persons thereof are not related by blood, adoption, or marriage. e. "Developer" shall mean and refer to WJW Holdings WY, LLC, a Wyoming limited liability company, AND WJW Holdings, LLLP, a North Dakota limited liability limited partnership, its successors and assigns, if any successors or assigns shall acquire a majority of the undeveloped Lots for the purpose of development. f. "Property" shall mean that real property described more specifically in Article II of this Declaration. g. "Association" shall mean the Alpine Airpark Association, Inc., a Wyoming non profit corporation, its successors and assigns. h. "Association Documents" shall mean, collectively, this Declaration, the Articles, the Bylaws, and the Association Rules. i. "Declaration" shall mean the covenants, conditions, restrictions, reservations, easements, liens and charges set forth herein, as may from time to time be amended. 2 F:IAlesIJRBFllESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 09264~9 000634 j. "Board" or "Board of Directors" shall mean the board of directors of the Association. k. "Common Area" shall mean those areas identified on any plat of the Property for use by more than one Owner, including the Runway and Taxiways. I. "Runway" shall mean the improved surface located on Lot 43 of Alpine Village Subdivision No.1, Plat 2, Amended, Lincoln County, Wyoming, and any future real property intended for runway use. m. "Taxiway" shall mean any improved surface located on any Lot within the Airpark intended for use by aircraft to access a Runway. n. "Hangar" shall mean any structure, capable of sheltering aircraft and providing aircraft with access to a Taxiway or Runway. o. "Airpark" or "Alpine Airpark" shall mean the airpark, including the Runway, Taxiway, Common Area, Lots and other real property subject to this Declaration. p. "Residential Unit" shall mean any dwelling structure located upon a Lot used for residential purposes. q. "Motor Vehicle" shall mean a car, van, truck, recreational vehicle, motor home, motorcycle, all terrain vehicle, utility vehicle, pickup truck, golf cart or other gas or electric powered vehicle. r. "Review Committee" shall mean the Alpine Airpark Architectural Review Committee established pursuant to Article III. s. "Period of Developer Control" shall mean that period of time commencing with the execution of this Declaration and terminating when the Developer decides to divest itself of responsibility for Architectural Control. t. "Rules" shall mean the Alpine Airpark Operation and Safety Regulations adopted by the Association. u. "Member" shall mean any Member of the Association. The Owner of each Lot shall be a mandatory Member of the Association. If a Member is a corporation, trust, limited liability company, partnership, or other entity, the Member shall be represented by a single individual which is an authorized representative of the Member such as an officer, partner, owner, agent, trustee, employee or other authorized agent of such Member. F:IFllesIJRBFllESIJRB-1299 Alpine Alrperk AssocICOVENANTS-v4.doc 3 O~i26439 ARTICLE II. 0006~5 PROPERTY SUBJECT TO THIS DECLARATION The Property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is described as follows: 1. Lot 78 Alpine Village Subdivision No.1, Plat 2, Amended, 4th Filing, Lincoln County, Wyoming, according to that plat recorded in the Office of the County Clerk, Lincoln County, Wyoming. 2. Lots 90 and 91, Alpine Village Subdivision No.1, Plat 2, Amended, 9th Filing, Lincoln County, Wyoming, 3. The Northeasterly 235 Feet of Lot 25, Alpine Village Subdivision No.1, Plat 2, Amended, according to that plat of record in the office of the Lincoln County Clerk, Lincoln County, Wyoming. 4. Lots 20, 21, 27, and 42 of Alpine Village Subdivision No.1, Plat 2, Amended, Lincoln County, Wyoming as described on the official plat thereof. ALSO That portion of Lot 41 in the Alpine Village Subdivision No.1, Plat 2, Amended, Lincoln County, Wyoming lying North West of the following described line: Beginning at a point on the Northeasterly line of said Lot 41 South 36°56' 17" East, 302.00 feet from the North corner of said Lot; thence South 53°04'01" West, 459.22 feet parallel with and 302.00 feet Southeasterly of the Northwesterly line of said lot to the Southwesterly line of said lot. 5. Lot 48, Alpine Village Subdivision No.1, Plat 2, Amended, Lincoln County, Wyoming. 6. Lot 43 of Alpine Village Subdivision No.1, Plat 2, Amended, Lincoln County, Wyoming as described on the official plat thereof. 7. Lot 19 Alpine Village Subdivision, Amended, One as filed and platted, Lincoln County, Wyoming. 8. Lot 29 Alpine Village Subdivision No.1 Plat 2 Amended, Lincoln County, Wyoming as described on the official plat thereof. all of which real property shall hereinafter be called the "Property". Developer reserves the right to add real estate to the Property by recording a joinder and ratification of this Declaration with respect to the additional property, which shall subject such property to this Declaration. ARTICLE III. ARCHITECTURAL CONTROL 1. Alpine Airpark Architectural Review Committee. There is hereby established The Alpine Airpark Architectural Review Committee for the Property which shall be comprised of the Developer until the time that the Developer decides to divest itself of responsibility for Architectural Control. When such control is relinquished, the responsibility shall be vested in a committee comprised of three Owners, who shall be elected by all Lot Owners of the Airpark. The elected committee shall, at that time, 4 F:IFllesIJRBFILESIJRB-1299 Alpine Alrper1< AssocICOVENANTS-v4.doc 0926439 000536 adopt a meeting schedule and rules of operation. It shall be conclusively presumed that the Developer has not divested itself of responsibility for Architectural Control unless there is a sworn affidavit of record stating the same. 2. Procedure for Submission of Plans and Specifications. Two (2) copies of plans (for which receipt must be acknowledged in writing) will be submitted to the Review Committee. Approval or disapproval of those plans will be made in writing within ten (10) days after the receipt of those plans. In the event the Review Committee fails to approve or disapprove of the plans and related documents within this ten (10) day period, approval will not be required and the related covenants shall be deemed to have been fully met. Approval shall not be arbitrarily withheld or delayed, it being the intention of the Review Committee to grant or withhold approval for the purpose of establishing a quality, restricted residential district, free from objectionable or value- destroying features and in conformity with the governing zoning codes, building codes and other applicable regulations then in force. 3. Review Fee. The Review Committee shall have the right to charge a fee for reviewing requests for approval of any construction or modifications, which fee shall be payable at the time the application for approval is submitted to the Review Committee. The fee charged by the Review Committee may include the actual or estimated fees or costs incurred or anticipated to be incurred by the Review Committee in consulting with an architect or engineer with respect to the plans submitted. 4. Architectural Control. No building, fence, wall, landscaping feature, pool, play structure, driveway, sidewalk or any other structure shall be commenced, erected or maintained on the Lots, nor shall any exterior addition to or change or alteration thereto be made to any buildings on the Lots until the plans and specification for same have been submitted to and approved in writing by the Review Committee or its appointed architect from time to time. a. Plans submitted for approval shall include the following: i. One complete set of house plans, one site plan and a completed application form. ii. The house plan should indicate construction materials and specifications, roofing material, exterior finishes and colors. iii. The site plan should indicate the basement outline with projections shown as a dotted line. The garage "footprint" and exterior steps or decks should be indicated. The main floor proposed grade, and the basement floor grade should be clearly shown. The site plan should clearly indicate the finished landscape grade at each corner of the building as well as those adjacent to any unusual indentations within an elevation. The site plan should indicate sidewalk, walkway, and driveway locations and sizes. b. Accessory structures such as Hangars, pools, pool houses, gazebos, utility buildings, storage buildings, additional garages, decks and play structures should be indicated on the site plan. 5 F:IF1lesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 0926439 000637 c. Any and all solar heating devices or satellite dishes, TV and radio antennae must be approved by Review Committee or its architect. d. Each Lot will be restricted to construction of one single family residence with either a two or three car attached garage, and one (1) Hangar. Detached garages may be approved, provided they are constructed as part of the design style and are constructed with the same exterior materials as the house. No lean-to, car-port, vehicle storage building detached from the residence will be permitted, without the written approval of the Review Committee. e. All residences shall have a minimum two-car garage. Three-car garages are encouraged. f. No residence shall exceed two stories in height when viewed from the street. ARTICLE IV. RESTRICTIONS The Property shall be subject to the following restrictions: 1. Land Use and BuildinQ Type. All Lots zoned residential shall be used for single family purposes only. No improvements or structures whatsoever, other than a private dwelling house, Hangar, swimming pool, Review Committee approved outbuildings, garages and fences (subject to limitations hereinafter set forth) may be erected, placed or maintained on any Lot on the Property. 2. BuildinQ Location. No building shall be erected on any Lot unless side Lot clearances and front line set backs are in compliance with applicable zoning ordinances for residential zoning districts unless variances are approved by Review Committee, however, in no event shall any building or structure in excess of twenty-two (22) inches in height be erected within 150 feet of a Runway. 3. Lot DrainaQe Control. No Residential Unit, structure, building, landscaping, fence, wall or other improvement shall be constructed, installed, placed or maintained in any manner that would obstruct, interfere with or change the direction or flow of water throughout the Property, or any part thereof. 4. FencinQ. All fencing provided by the builder or Owner, or anyone other than the Review Committee shall require the approval of the Review Committee prior to installation. 5. LandscapinQ. The front and side Lots of each Property shall be sodded or seeded prior to the end of the first summer construction season that the home is completed. If a Property is completed in the winter, it shall be sodded or seeded prior to 6 F:IRlesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 0926439 000638 the end of the following summer. If a Property is completed in the same year, the rear Lot shall be seeded or sodded within one year of occupancy of the completed residence. 6. Diseases and Insects. No Owner shall permit any thing or condition to exist upon any Lot which shall induce, breed, or harbor infectious plant diseases or noxious insects. 7. Antennas. To the extent permitted by applicable law, the installation of antennas, satellite dishes or other devices for the transmission or reception of television or radio signals or any other form or electromagnetic radiation shall be subject to the prior written approval of the Review Committee. Therefore, no antenna, satellite or microwave dish or other device for transmission or reception of television or radio signals shall be constructed, installed, erected, used or maintained on any Lot without the prior written approval of the Review Committee unless applicable law prohibits the Review Committee from requiring such approval. Any such antennas must be still installed in accordance with the guidelines set forth by the Review Committee. 8. Trash Containers and Collection. No garbage or trash shall be placed or kept on any Lot except in covered containers of a type, size and style which are approved by the Review Committee. In no event shall such containers be maintained so as to be visible from neighboring Property except to make the same available for collection and then only for the shortest time reasonably necessary to effect such collection. All rubbish, trash, or garbage shall be removed from Lots and shall not be allowed to accumulate thereon. No outdoor incinerators shall be kept or maintained on any Lot. All garbage or trash shall be collected by a garbage or trash collection service as designated by the Developer or the Review Committee. 9. Rooftop HVAC Equipment Prohibited. No heating, ventilating, air conditioning or evaporative cooling units or equipment related thereto may be mounted, installed or maintained on the roof of any Residential Unit, garage, Hangar or other building so as to be visible from neighboring property. 10. Basketball Goals and Backboards. No basketball goal or backboard shall be attached to a Residential Unit or other building. Basketball goals and backboards attached to a freestanding pole may be installed on a Lot provided the location, design and appearance of the basketball goal and backboard be approved in writing by the Review Committee. 11. Animals. Other than household pets kept for non-commercial uses, no animals, livestock, poultry or insects of any kind shall be raised, bred or maintained on any of the Lots. All dogs, cats or other pets permitted under this paragraph shall be confined to an Owner's Lot, except that a dog may be permitted to leave an Owner's Lot if such dog is at all times kept on a leash not to exceed six feet (6') in length and is not permitted to enter upon any other Lot. Any person bringing a dog onto the Common Area shall immediately remove any feces deposited on the Common Area by the dog. The Board may restrict the portions of the Common Area on which dogs are permitted. No dog, cat, parakeet or similar household bird shall be allowed to make an 7 F:IFllesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 0926439 000039 unreasonable amount of noise, become a nuisance or pose a threat to the safety of the Owners, their guests or invitees. No structure for the care, housing or confinement of any animal, bird, fowl, poultry, or livestock shall be maintained so as to be visible from a neighboring Property. Upon the written request of any Owner, the Board shall conclusively determine, in its sole and absolute discretion, whether, for the purposes of this paragraph, a particular dog, cat, parakeet or similar household bird is making an unreasonable amount of noise, has become a nuisance or poses a threat to the safety of the Owners, their guests or invitees. If the Board determines that a particular dog, cat, parakeet or similar household bird constitutes a nuisance, is making an unreasonable amount of noise or poses a threat to the safety of the Owners, their guests or invitees, the Board, in addition to any other remedies available to the Association at law or in equity, may require the dog, cat, parakeet or bird to be removed from the Airpark. 12. Mailboxes. Location of mailboxes will be consistent with the overall development plan and subject to approval by the Review Committee. No delivery boxes other than mailboxes for U.S. Mail will be permitted without the specific approval of the Review Committee. 13. Clotheslines. No outside clotheslines or other outside facilities for drying or airing clothes shall be erected, placed or maintained on any Lot so as to be visible from neighboring property. 14. Vehicle ParkinQ StoraQe. Motor Vehicles must be parked in the garage of a Residential Unit unless there is insufficient space within the garage for the parking of all such Motor Vehicles, in which case such Motor Vehicles may be parked in the driveway situated on the Lot provided such Motor Vehicles do not exceed 7 feet in height and do not exceed 18 feet in length, are not used for commercial purposes and do not display any commercial name, phone number or message of any kind. No Motor Vehicle of any kind may be stored on a Lot except in a garage. For purposes of this paragraph a Motor Vehicle should be deemed stored if it is covered by a car cover, tarp or other material. Recreational vehicles, motor homes and similar vehicles which exceed 7 feet in height and/or exceed 18 feet in length may be parked in the driveway on a Lot for the purpose of loading or unloading, but in no event shall such recreational vehicle, motor home or similar vehicle be parked in the driveway for more than twenty- four (24) consecutive hours or for more than seventy-two (72) hours within any seven (7) day period. All Motor Vehicles kept on or about a Property shall be currently licensed and shall be maintained in an operable condition at all times, temporary mechanical difficulties and breakdowns excepted. The Board shall have the right and power to adopt rules and regulations governing the parking of Motor Vehicles on Lots and the Common Area and implementing the provisions of this paragraph. In the event of any conflict or inconsistency between the provisions of this paragraph and the rules and regulations adopted by the Board, the provisions of this paragraph shall control. No Motor Vehicle shall be constructed, reconstructed or repaired on the Common Area, and no inoperable vehicle may be stored or parked on the Common Area. No Motor Vehicle shall be constructed, reconstructed or repaired on a Lot other than in a garage or Hangar, and no inoperable Motor Vehicle shall be stored or parked on a Lot other than in a garage or Hangar. The Board shall have the right to have any Motor Vehicle 8 F:IFllesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc OOOG·~O 0926439 which is parked, kept, maintained, constructed, reconstructed or repaired in violation of this Declaration or Association rules and regulations towed away at the sole cost and expense of the owner of the Motor Vehicle. Any expense incurred by the Association in connection with the towing of any Motor Vehicle shall be paid to the Association upon demand by the owner of the Motor Vehicle. If the Motor Vehicle is owned by an Owner, any amounts payable to the Association shall be secured by the Assessment Lien, and the Association may enforce collection of suit amounts in the same manner provided for in this Declaration for the collection of Assessment. 15. Signs. No billboards or advertising signs of any kind or character shall be erected, placed, permitted or maintained on any Lot except as herein expressly permitted. A name and address sign used solely for the purpose of identification of the dwelling house occupants may be placed on the property by its occupants provided the sign is no more than two feet square maximum and the design of the sign is approved by the Review Committee prior to installation. The provisions of the paragraph may be waived by the Review Committee only when in its discretion the same is necessary to promote the sale of the property in the area of promotion of the Property. The Review Committee may erect, place and maintain such sign structure or structures as it deems necessary for the operation or identification of the subdivision. 16. Nuisance. No noxious or offensive trade or activity shall be carried on upon any Lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Such restrictions shall include, but not be limited to using the Lot as a dumping ground for rubbish, garbage, trash, or other waste materials, the placing thereon of unsightly piles of dirt, lumber or other material except during construction, and then only during the course of construction. Such restrictions shall also include allowing noxious weeds to occur on the Lot either during or after the period of construction of the home. 17. Dirt Removal. No topsoil or excavation material may be removed from the Development property. When, as a result of basement excavation or Lot grading, there exists an excess of soil or fill material, permission to remove that material must be obtained from the Review Committee, or its engineer. Otherwise, the Review Committee will direct as to where the excess material, or soil, if any, is to be deposited. 18. Appearance During Construction. All Lots are to be kept clean during construction. All garbage is to be stored out of sight. No garbage/trash burning will be permitted. 19. Propane Tanks. No combustible liquid or gas tanks, exposed to view from the public street, shall be allowed on the Lots. 20. Temporary Residence. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on a Lot, shall be used as a residence, at any time, nor shall any residence of a temporary character be permitted with the exception of motor homes and travel trailers, subject to the terms of paragraph 14. 9 F:IF1lesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 0926439 IJ'\°ß~1't1 v .~:t 21. Easements. The easements for the installation and maintenance of u I it~ ' and drainage facilities are shown on the registered plat of the development. Within the area of the easements no structures, plantings, fencing or other materials shall be placed, erected, or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change or alter the direction of flow of drainage channels or swales in the easements or which obstruct or retard the flow of water through drainage channels or swales in the easements. The easement areas of each Lot and all improvements on it shall be maintained continuously by the Owner except for the improvements for which the public authority or utility company is responsible. All claims for damages, if any, arising out of the construction, maintenance and repair of the utility or drainage facility or on account of temporary or other inconvenience caused thereby against the Developer, the utility or the public authority or any of its agents or servants are waived by the Owners. 22. Power and Telephone Lines. No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television, and radio signals, shall be erected, placed or maintained anywhere in or upon any Lot unless the same shall be contained in conduits or cables installed and maintained underground or concealed in, under or on buildings or other structures approved by the Review Committee. No provision of this Declaration shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or structures approved by the Review Committee. 23. Minim:!. No Lot shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, gas, earth or any earth substance of any kind. 24. Basements. No basement shall be constructed for temporary residential purposes and no basement structure shall be used for residential purposes unless and until the entire primary structure has been erected. 25. Structural Chanqes. No house or structure shall be moved onto any Lot, unless it is a new structure built to meet all current applicable building codes and specifically approved in writing by the Review Committee. Further, no structure, once erected, shall at any time be altered or changed so as to permit its use to be in violation of these restrictions and conditions. 26. Mortqaqes. The breach of any of the foregoing covenants, conditions, reservations or restrictions shall not defeat or render invalid any lien, mortgage or deed of trust made in good faith for value as to any Lot or Lots or portion of Lots in the Development; but this Declaration shall be binding upon, and effective against any mortgagee, trustee or Owner, whose title or whose grantor's title is or was acquired by foreclosure, trustee sale or otherwise. 27. Overhead Encroachments. No tree, shrub, or planting of any kind on any Lot shall be allowed to overhang or otherwise to encroach upon any sidewalk, street, Taxiway, pedestrian way or other area from ground level to a height of eight (8) feet without the prior written approval of the Review Committee. 10 F:IFllesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 0006·12 092643928. Machinery and Eauipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot, except for: (i) such machinery or equipment as is usual and customary in connection with residential use; (ii) machinery or equipment necessary for the maintenance or construction (during the period of construction) of a building, appurtenant structures, or other improvements; or (iii) such machinery or equipment which Developer or the Association may require for the operation and maintenance of the Airpark. 29. Further Subdivision, Property Restrictions, RezoninQ and Timeshares. No Lot shall be further subdivided or separated into smaller lots or parcels by an Owner other than the Developer, and no portion less than all of any such Lot shall be conveyed or transferred by an Owner other than the Developer, without the prior written approval of the Review Committee. No further covenants, conditions, restrictions or easements shall be recorded by any Owner, Lessee, or other person other than the Developer against any Lot without the provisions thereof having been first approved in writing by the Review Committee. No application for rezoning, variances or use permits pertaining to any Lot shall be filed with any governmental authority by any person other than the Developer unless the application has been approved by the Review Committee and the proposed use otherwise complies with this Declaration. No Lot shall be subjected to or used for any timesharing, cooperative, weekly, monthly or any other type or revolving or periodic occupancy by multiple owners, cooperators, licensees or timesharing participants. 30. Variance. The Review Committee may, with the approval of the Board, grant variances from the restrictions set forth in this Article IV if the Review Committee determines in its discretion that (a) a restriction would create an unreasonable hardship or burden on an Owner, or a change of circumstances since the recordation of this Declaration has rendered such restriction obsolete and (b) the activity permitted under the variance will not have any substantial adverse effect on the Owners of the Airpark and is consistent with the high quality of life intended for residents of the Airpark. 31. GaraQes. HanQars and Driveways. No garage shall be converted to living spaces or altered or used for purposes which would prevent the use of the garage for the parking of the number of vehicles for which it was designed. The interior of all garages shall be maintained in a neat, clean and not unsightly condition. Garage and Hangar doors must be closed at all times except when Motor Vehicles or aircraft are being moved in or out of the garage or Hangar. 32. Use of Taxiways by Aircraft. The Taxiways may only be used by aircraft for the purpose of ingress and egress to the Taxiways and Runways of Alpine Airpark. The use of the Taxiways for such purposes, however, shall be subject to the following restrictions: a. No aircraft in excess of 15,000 pounds gross weight shall use the Taxiways without approval of the Board. b. No aircraft may be parked or stored on a Taxiway. 11 F:lFilesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 0926439 000643 c. No aircraft may be repaired, maintained, painted, cleaned or washed on a Taxiway. d. No fuel, oil, hydraulic fluid or solvent shall be drained or deposited on a Taxiway or any landscape easement adjacent to a Taxiway and any fuel, oil, hydraulic fluid or solvent spilled, drained or deposited on a Taxiway or any landscape easement adjacent to a Taxiway shall be immediately removed. 33. Repair of Aircraft: Storaqe of Fuel. No Owner, Resident or other person shall disassemble, overhaul or repair any aircraft or its power plant on any Lot except in a Hangar. No aircraft fuel or oil may be stored in any unenclosed area of any Lot. Any fuel must be stored in proper safety containers. The storage of any fuel, oil or hazardous substance on a Lot must comply with all applicable federal, state and local environmental laws and regulations. If any hazardous substance is deposited on the Common Area, the Owner responsible therefore shall promptly take all action necessary to remove the hazardous substance. 34. Parkinq of Aircraft. All aircraft parked on a Lot must be securely tied down or parked within a Hangar. No aircraft which is not ahworthy with a current annual may be parked on any Lot except within a Hangar. No aircraft, which in the sole discretion of the Board is unsightly, shall be parked or stored on a Lot, except within a Hangar. ARTICLE V. EASEMENTS 1 . Easement for Maintenance and Enforcement. The Association and its directors, officers, agents, contractors and employees, the Review Committee and any other persons authorized by the Board are hereby granted the right of access over and through any Lots (excluding the interior of any Residential Unit), for: (a) the exercise and discharge of their respective powers and responsibilities as defined in the Association Documents; (b) making inspections in order to verify that all improvements on the Lot have been constructed in accordance with the plans and specifications for such Improvements approved by the Review Committee and that all improvements are being properly maintained as required; (c) correcting any condition originating in a Lot or in the Common Area threatening another Lot or the Common Area; (d) correcting drainage; (e) performing installations or maintenance of utilities, landscaping or other improvements located on the Lots for which the Association is responsible for maintenance; or (f) correcting any condition which violates the Declaration or other Association Documents. 2. Easements for Encroachments. If any improvements on any Lot or portion of the Common Area now or hereafter encroach on any other portion of the Property by reason of: (a) the original construction thereof; (b) deviations within normal construction tolerances in the maintenance of any improvement; or (c) the settling of shifting of any land or improvement, an easement is hereby granted to the extent of any such 12 F:\FllesIJRBFILESIJRB-1299 Alpine Airpark Assoc\COVENANTS-v4.doc 0926~39 000044 encroachment not in violation of the Lincoln County ordinances up to a maximum of six inches (6") for the period of time the encroachment exists. The Owner of the encroaching improvement shall also have an easement for the limited purpose of maintenance of the encroaching improvement. This easement does not relieve any Owner or any other person from liability for such Owner's or other person's negligence or willful misconduct. ARTICLE VI. ALPINE AIRPARK ASSOCIATION 1. Membership in Association. Every Owner of any Lot which is subject by covenants of record to assessment by the Association shall be a mandatory member of the Association. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation. All members of the Alpine Airpark Association shall be governed and controlled by the Articles of Incorporation and by the Bylaws thereof. a. Use of Common Areas. There shall be appurtenant to each Membership in the Association a non-exclusive right and easement to use the Common Areas, including the Runway and Taxiways in common with all other Members and all other persons entitled to use the Common Areas. Such right and easement shall be subject to such limitations, restrictions, rules and regulations as may from time to time be promulgated by the Board including, but not limited to, the right of the Board to suspend the right of any Member to utilize the Common Areas for any period during which the Association Assessments (including any special assessments) attributable to such Member's Membership remain unpaid or for any period during which any violation of the Association Documents shall continue. No Member in the Association shall have any interest in the property owned by the Association other than such rights attached to a Member's Membership as provided herein. The Board shall have authority to sell, transfer, convey, lease, convey easements or grant concessions consistent with the overall character and use of the Airpark with respect to parts of the Common Areas and to change the character, description and use thereof, subject to the provisions of the Association Documents. Any funds received by the Association from leases, concessions or other sources shall be held and used for the benefit of the Association. b. Use Restrictions. The Common Areas shall be used only for such purposes as are permitted in this Declaration by the Members, their employees, agents, servants, tenants, family members, licensees and invitees and for such other purposes as are incidental to the permitted use of the Common Areas. The use, maintenance and operation of the Common Areas shall not be obstructed, damaged or interfered with by any Member. i. No Member shall keep or maintain any thing or shall suffer any condition to exist or cause any other condition on the Common 13 F:IFllesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 09Z6439. 0006·15 Areas which impairs any easement or right of any other Member or otherwise unreasonably impairs or interferes with the use and enjoyment by other Members of the Common Areas. ii. No spotlights, flood lights or other lighting of any kind shall be placed or utilized on the Common Areas, except (i) as initially installed by Developer, or (ii) as has been specifically reviewed and approved in writing by the Board. Hi. Without limiting the foregoing, each Member shall use the Common Areas at all times in a safe manner and shall refrain from any activity which might interfere with the reasonable enjoyment by other Members. iv. Each Member shall comply with all of the Association Documents including, but not limited to the Alpine Airpark Operation and Safety Regulations adopted by the Association. Failure to comply with the Association Documents including, but not limited to the Alpine Airpark Operation and Safety Regulations shall entitle the Developer or the Association to suspend the Member's right to use the Common Areas, as well as any other remedies available as provided herein or by law. 2. Creation of a Lien and Personal Obligation and Assessments. The Developer hereby covenants, and each Owner of any Lot by acceptance of a deed thereof, whether or not so expressed in such deed, is deemed to covenant and agree to pay the Association annual general assessments or charges, runway access assessments, and special assessments for capital improvements. All assessments shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment shall also be the personal obligation of the Owner of such property at the time when the assessment fell due. 3. Method of Assessment. By vote of a majority of the members, the Association shall fix their annual assessment upon the basis provided herein, provided, however, that the annual assessment shall be sufficient to meet the obligations imposed by this Declaration. The Association shall set the date(s) such assessments shall become due. The Association may provide for collection of assessments annually or in monthly, quarterly, or semi-annual installments, provided, however, that upon default of the payment of anyone or more installments, the entire balance of said assessment may be accelerated, at the option of the Association, to be declared due and payable in full. 4. General Assessment. The general assessment levied by the Association shall be used exclusively to promote the improvement, maintenance and operation of the Airpark. Each Lot, whether improved or unimproved, shall be assessed at a uniform rate with the assessment commencing for the year 2007. The assessment for 2007 shall be $300.00 per Lot. 14 F:IFllesURBFllESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc OOOG·~'S 0926439 5. Runway Access Assessment. The runway access assessment levied by the Association shall be used exclusively to maintain and improve the Runway and Taxiways within the Airpark. Each Hangar shall be assessed for annual runway access commencing for the year 2007. The assessments for 2007 shall be $2500.00 per Hangar. In addition to any other remedy contained herein, at law or in equity, the Association, or the Developer, so long as the Developer owns any Lot, shall have the right to restrict access to the Runway from any Lot or Hangar which has not paid the runway access assessment. 6. Special Assessment for Capital Improvements. In addition to the annual assessments and runway access assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable for that year and for not more than the next four succeeding years for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements located within the development including the runway, roads, paving of roads, common areas, parks, entrance and the landscaped area or area of the entrance, street lighting, banners, or other decorations to enhance the aesthetic value of the subdivision, sidewalks, or any other improvement, including fixtures and personal property related thereto, providing that any such assessment shall have the ascent of a two-thirds (2/3) majority of the Owners who are voting in person or by proxy at a special meeting duly called for that purpose. The aforementioned notwithstanding, as long as the Developer owns any Lot, any special assessment must be approved in writing by the Developer. Any special assessment shall be levied in equal amount for each Lot. 7. Surplus Funds. The Association shall not be obligated to spend in any year all the Assessments and other sums received by it in such year, and may carry forward as surplus any balances remaining. The Association shall not be obligated to reduce the amount of any Assessment in the succeeding year if a surplus exists from a prior year, and the Association may carry forward from year to year such surplus as the Board in its discretion may determine to be desirable for the greater financial security of the Association and the accomplishment of its purposes. 8. Transfer Fee. Each Person who purchases a Lot from a Person other than the Developer shall pay to the Association immediately upon becoming the Owner of the Lot a transfer fee in such amount as is established from time to time by the Board to compensate the Association for the administrative cost resulting from the transfer of a Lot. The initial transfer fee shall be one (1 %) percent of the Lot sale price. 9. Enforcement of Lien: a. All delinquent assessments, together with interest thereon (at an interest rate equal to that rate charged by Lincoln County for delinquent taxes), and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest thereon and costs of collection thereof, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. 15 F:\FllesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 092'643~ 0006·1 ? b. If the Association elects to claim a lien for non-payment of assessments, it shall at any time within thirty (30) days after the occurrence of default make a demand for payment to the defaulting Owner. Said demand shall state the date and amount of delinquency. If such delinquency is not paid within ten (10) days after delivery of such notice, the Association may elect to file a claim of lien against the Lot of such delinquent Owner. Such claim of lien shall state: i. The name of the delinquent Owner. ii. The legal description of the Lot against which the claim of lien is made. iii. The amount claimed to be due and owing. iv. That the claim of lien is made by the Association pursuant to the terms of this Declaration. v. That the lien claimed against the Lot is in an amount equal to the amount of the stated delinquency. vi. Due demand has been made upon the defaulting or the delinquent Owner pursuant to this Declaration and that said amount was not paid within the ten (10) days after such demand. Upon recordation of a duly executed and acknowledged original of such claim of lien by the Recorder of Lincoln County, the lien claimed therein shall immediately attach to the real Property and become effective subject to the limitations hereinafter set forth. Each default shall constitute a separate basis for a claim of lien or a lien but a number of defaults may be included within a single claim of lien. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of real estate mortgages pursuant to the statutes of the State of Wyoming. The lien of the assessments provided for above shall be subordinate to the lien of any first mortgage, first purchase money security deed, or security deed representing a first lien on said property. Sale or transfer of any Lot pursuant to foreclosure shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall release such Lots from liability for any assessments thereafter becoming due or from the lien thereof. 16 F:IFllesURBFILESURB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 0.926439 ARTICLE VI. OOOC..1S MAINTENANCE 1. Areas of Association Responsibility. The Association, or its duly delegated representative, shall be responsible for the management and maintenance of the Runway, Taxiways, and Common Areas of Alpine Airpark, and all improvements located thereon, except for any part thereof which any governmental entity is maintaining or is obligated to maintain. The Board shall be the sole judge as to the appropriate maintenance of all Common Areas. No Owner, resident or other person shall obstruct or interfere with the Association in performance of the Association's management or maintenance of the Common Areas, and the improvements located thereon. With regard to area of Association responsibility: a. Snow Removal. The Association will use its best efforts to kee~ the Runway and Taxiways free and cléar of snow and ice between October 15t and May 1 st of each winter season. However, Alpine Airpark is hereby designated as limited use during those periods and no representation is made by the Developer that the Airpark will be operational during such times. b. Improvements. No Owner, resident or other person shall construct or install any improvements on the Common Areas or alter, modify or remove any improvements situated on the common areas without the approval of the Board. 2. Areas of Owner Responsibility. Each Owner of a Lot shall be responsible for the maintenance of his Lot, and all buildings, Residential Units, landscaping or other improvements situated thereon. All buildings, Residential Units, landscaping and other improvements shall at all times be kept in good condition and repair. AI grass, hedges, shrubs, vines, trees and plants of any type on a Lot shall be irrigated, mowed, trimmed and cut at regular intervals so as to be maintained in a neat and attractive manner. Trees, shrubs, vines, plants and grass which die shall be promptly removed and replaced with living foliage of like kind, unless different foliage is approved in writing by the Review Committee. No yard equipment, wood piles or storage areas may be maintained so as to be visible from neighboring property or streets. All Lots upon which no Residential Units, buildings or other structures, landscaping or improvements have been constructed shall be maintained in a weed free and attractive manner. 3. Assessment of Certain Costs of Maintenance and Repair. In the event that the need for maintenance of any Common Areas is caused through the willful or negligent act of any Owner, his family, tenants, guests, or invitees, the cost of such maintenance shall be paid by such Owner to the Association upon demand and payment of such amounts shall be secured by the Assessment Lien. 4. Improper Maintenance and Use of Lots. In the event any portion of any Lot is so maintained as to present a public or private nuisance, or as to substantially detract from the appearance or quality of the surrounding Lots or other areas of the Property which are substantially affected thereby or related thereto, or in the event any portion of a Lot is being used in a manner which violates this Declaration, or in the event 17 F:IF1lesIJRBFILESIJRB-1299 Alpine Airpark AssocICOVENANTS-v4.doc O~-J26439 0006·19 the Owner of any Lot is failing to perform any of its obligations under the Association Documents, the Board may make a finding to such effect, specifying the particular condition or conditions which exist, and pursuant thereto give notice thereof to the offending Owner that unless corrective action is taken within fourteen (14) days, the Board may cause such action to be taken at said Owner's cost. If at the expiration of said fourteen (14) day period of time the requisite corrective action has not been taken, the Board shall be authorized and empowered to cause such action to be taken and the cost thereof shall be paid by such Owner to the Association upon demand and payment of such amounts shall be secured by the Assessment Lien. ARTICLE VII. GENERAL PROVISIONS 1. Enforcement. If any party shall violate or attempt to violate any of the covenants or restrictions contained in this Declaration, it shall be lawful for any Owner to prosecute proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and either prevent him or them from so doing or to recover damage for such violation. 2. RiQht to Enforce. Failure to enforce any of the covenants, conditions, restrictions, easements, liens and charges now or hereafter imposed pursuant to the covenants or restrictions should not be deemed a waiver of the right to do so thereafter, nor shall it be construed as an act of acquiescence or approval on the part of the Owners. 3. Duration. The covenants, restrictions and conditions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, devisees, successors and assigns for a term of thirty (30) years from the date this Declaration is recorded. After which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then Owners has been recorded, agreeing to modify said covenants and restrictions in whole or in part. 4. Severability. The 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 affect. 5. Amendments. This Declaration of Covenants, Conditions and Restrictions may be amended by Developer until it divests itself of the responsibility for architectural control. It shall be conclusively presumed that the Developer has not divested itself of responsibility for architectural control unless there is a sworn affidavit of record so stating. After that time, this Declaration may be amended by an instrument signed by the Owners of not less than seventy-five (75%) percent of the Lots. Any instrument amending, modifying or canceling this Declaration must be properly filed and recorded before it shall be effective. 18 F:IFllesIJRBFILESIJRB-1299 Alpine Alrperk AssocICOVENANTS-v4.doc 09Z6439 000650 6. Limitation on Developer's Liability. Notwithstanding anything to the contrary in any of the Association Documents or otherwise, each Member acknowledges and agrees that neither the Developer nor any officer, director, member, partner or shareholder of Developer or the Developer's successors or assignees (or any officer, director, member, partner or shareholder in any such successor or assignee) shall have any personal liability to the Association, to any Member or any other person arising under, in connection with or resulting from (including without limitation resulting from action or failure to act with respect to) this Declaration or any of the Association Documents or otherwise, except to the extent of the Developer (or its successors or assignees) interest in the Property; and, in the event of a judgment no execution or other action shall be sought or brought thereon against any other assets, nor be a lien upon such other assets, of the Developer nor any officer, director, member, partner or shareholder of the Developer or the Developer's successors or assigns (or any officer, director, member, partner or shareholder ih any such successor or assignee). IN WITNESS of its terms and conditions, the undersigned, being the Developer, have caused this Declaration to be executed the day and year first above written. WJW Holdings WY, LL ,Developer, Owner STATE OF NORTH DAKOTA ) )ss. COUNTY OF CASS ) The foregoing instrument was acknowledged before me January;¡Q 2007 by William J. Wiemann, the President of WJW Holdings WY, LLC, a Wyoming limited liability company, on behalf of the limited liability company. JAME$ R. BULLIS ,... blçtfJ'Y Public S~~rth Dakota My Commission Expires Oct. 16, 2010 i.......~""¥.US!l'll.........-·- c-<:~ Notary Public 19 F:IFllesIJRBFllESIJRB-1299 Alpine Alrperk AssocICOVENANTS-v4.doc O~26439 STATE OF NORTH DAKOTA COUNTY OF CASS ) )ss. ) 000651 The foregoing instrument was acknowledged before me January~ 2007 by William J. Wiemann, the General Partner of WJW Holdings, LLLP, a North Dakota limited liability limited partnership, on behalf of the limited liability limited partnership. ~~'AßØo. Notary Public . . -~8'E~'·~··~' "......._..,.",.,-",...."."."... ._,,-- , :. ! JAM ~s R. LLlS \,1 Notary Public f State of North Dakota . , '. : k~om:~~~_;, F:\AlesURBFllESURB-1299 Alpine Airpark AssocICOVENANTS-v4.doc 20