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'0104
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRlCTIONS OF
FREEDOM RlDGE SUBDIVISION
This is a Declaration of Covenants, Conditions and Restrictions regulating and
controlling the use and development of real property, made effective this 18th day of February,
2007, by a majority of cunent lot owners.
1. DESCRlPTION. Lots 1,2,3,4, and 5 of the Freedom Ridge Subdivision as the
same is officially platted and on file in the office of the Lincoln County Clerk,
Kemmerer, Wyoming, as Plat No. 78-A, which shall hereinafter be refened to as
the "Property." The property is of high scenic and natural value, and Declarant is
adopting the following Covenants, Conditions and Restrictions in order 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.
2. DECLARA TION. Declarant hereby declares that the property shall be owned,
sold, conveyed, encumbered, leased, used, occupied and developed subject to the
following Covenants, Conditions and Restrictions, which are sometimes refened
to hereinafter as "Covenants." The Covenants shall run with the property and any
lot thereof, and shall be binding upon all parties having acquired any legal or
equitable interest in any part of this property, their heirs, successors and assigns,
and shall inure to the benefit of each owner thereof.
3. DEFINITIONS. The following tenns and phrases used in this document shall be
defined as:
RECEIVED 4/212007 at 12:58 PM
RECEIVING # 928063
BOOK: 653 PAGE: 104
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. wY
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Association - shall mean the collective group of all lot owners.
Committee - shall mean a group of lot owners responsible for the
administration and enforcement of the Covenants, Conditions and
Restrictions, including the resolution of issues and approval of
maintenance actions. All lot owners may participate, and represent one
vote per lot, but a majority must actively participate to form the
committee.
C. Design Group - shall mean a group of lot owners formed to consider and
A.
B.
act upon such proposals for building plans submitted to it for approval
from time to time. All lot owners may participate, and represent one vote
per lot, but a majority must actively participate in the Design group.
D. Owner - shall mean the recorded owner(s) of any lot
E. Lot - shall mean and refer to any plot ofthe land shown upon any
recorded map of Freedom Ridge Subdivision, with the exception of
common areas.
F. Development - shall mean any alteration of the natural land surface, and
all buildings, structures and other site improvements placed on the land to
accommodate the use of each lot.
G. 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 other authorized structures on such lot are necessary.
H. Single-Family Residential Structure - shall mean one residence, occupied
regularly by one family dwelling in a single structure.
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4.
ASSOCIATION MEMBERSHIP. Every owner ofa lot within the Freedom
Ridge Subdivision shall be a member ofthe association. Membership shall be
appurtenant to, and may not be separated from, ownership of any lot which is
subject to assessment.
5. VOTING RIGHTS. The association shall have one class of voting membership.
Members shall be all lot owners and shall be entitled to one vote for each lot
owned. When more than one person holds an interest in any lot, all such co-
owners shall be members. The vote for such a co-owned lot shall be exercised as
they among themselves detennine, but in no event shall more than one vote be
cast with respect to any single lot.
6. MEETINGS. A committee oflot owners shall call and conduct meetings of the
association, as from time to time necessary, for the purpose of reviewing,
administering, modifying and enforcing these Covenants. Meetings may be
conducted electronically with absentee lot owners, until such time as all owners
reside on site. Membership representation consisting of sixty percent (60%) of all
lot owners or collective votes shall constitute a quorum. Lot owners, through
their purchase of their lots, agree to serve in the association and various
committees, regardless of their residency. The committee shall adopt and
maintain such rules for the conduct of its business and activities as becomes
necessary, including communication, design reviews and maintenance matters.
7. DESIGN GROUP. The group shall consist of all members of the association,
defined heretofore as each lot owner. The design group shall provide guidance
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and approval to ensure that any planned structures, fences or other improvements
are generally considered appropriate and acceptable from an aesthetic viewpoint,
by a majority of lot owners. No building or improvement shall be constructed or
initiated on any lot, until the ideas, plans, specifications, materials and such other
infonnation relating to such improvements as the design group requires, shall
have been submitted and approved in writing by the committee, being a majority
or sixty percent of the members thereof. The objective of the lot owner design
group is to ensure that no improvement is so similar or dissimilar to others in the
neighborhood, and generally consistent in character and aesthetics with other
western, mountain or local Star Valley themes, that values, monetary or aesthetic,
will not be impaired. The design group shall, in good faith, work to review and
approve, and/or recommend modifications to resolve disputes, in a reasonable and
timely manner.
8. DEVELOPMENT AND LAND USE RESTRICTIONS. All development and use
shall confonn to the following requirements:
A. Residential Use - All lots and tracts are hereby restricted in use for
residential purposes, and neither the premises, nor improvements thereon,
shall be used for any commercial, industrial, public purposes, and no
nuisance shall be maintained or pennitted thereon. Residential business
activity may be conducted if contained entirely within the residence, and
only if done so without any advertising, signage, or employee and/or
customer traffic within the subdivision.
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Authorized Structures - No building or structure shall be constructed,
placed or maintained on any lot except for a single-family residence,
garage facilities, associated outbuildings, and stable or corral facilities.
C. Construction - No pre-fabricated or modular structure shall be permitted
B.
for the primary residence. Main residential structures shall be consistent
in appearance with others typically found in westem, mountain, or similar
Star Valley subdivisions. Likewise, garage, storage, stable or other
permanent outbuildings shall not be erected from prefabricated or used
materials. Exterior colors shall be subdued and in the earth tone range.
Roofs shall be constructed of shake, asphalt shingles, or pre-colored metal
in colors agreeable to the lot-owner design group. Fences should be kept
to a minimum and be attractive and consistent with the aesthetics of the
region, as recommended by the design group. Exterior construction of the
primary residence should be completed within two years of
commencement, excepting future additions or expansion. All construction
and alterations shall comply with local, county and state building and
safety codes.
D. Height - No structure shall be erected, altered, placed or permitted to
remain on the property that shall exceed either two stories in height or
thirty-five (35) feet maximum. This shall not include a walkout basement
or underground garage. Height shall be measured from the natural grade
on the highest side of the improvement to the highest point of the roof or
any projection therefrom, including chimneys.
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Setbacks and Area - All structures should be set back at least twenty-five
(25) feet from side or back lot lines, consistent with the official property
survey. Finished living area of primary residence structures should be at
least fifteen hundred (1500) square feet.
F. Utilities - Underground electrical and telephone lines have been installed
E.
to each lot. COlli1ections within the lot to each building site shall be
completed at each lot owner's expense, and include any necessary
landscape restoration caused thereby.
G. Temporary Structures - No temporary structures such as trailers, tents, or
similar buildings shall be permitted as living quarters on any lot, except
during construction of the permanent residence.
H. Maintenance - Each lot and all improvements thereon shall be maintained
in clean, safe and attractive condition. Noxious weeds and thistles found
proliferating on any lot shall be kept under control by each lot owner at his
or her own expense. Weeds along the common roadways shall be
controlled as part of common maintenance, funded consistent with the Fair
Assessment Methodology within each Road Zone, (described below), and
as agreed by individual zone agreements, for resident owners and land-
only owners. Road maintenance, including erosion and gravelling, shall
also be funded consistent with Fair Assessment Methodology agreements
within each Road Zone. Maintenance cost sharing assessments will also
be required of those non lot owners seeking easement and use of Freedom
Ridge Road for access to property located west of, and only accessible
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through, Freedom Ridge Subdivision. Such agreements will be negotiated
and detennined based on a majority of the association committee at such
future time as necessary.
1. Snow Removal- Snow removal is at the discretion of any lot owner(s)
who wish( es) to access the property under such conditions and shall be
subject to their own expense and not covered by these Covenants. Any
damage resulting from snow removal or winter use shall also be repaired
at the using-owner's expense.
1. Water System - Each residential structure shall be connected to a private
water supply system at lot owner's expense. Such water system shall
confonn to standards applicable to the area, including, but not limited to,
the Wyoming State Department of Environmental Quality.
K. Waste Disposal System - Each residential structure shall be cOlmected to a
private, individual waste disposal system at lot owner expense. Such
waste disposal system shall confonn to the standards applicable to the
area, including, but not limited to, the District Health Department and
County Plumbing and Zoning requirements. No outdoor toilets shall be
pennitted except during construction, and these must be storage types that
are serviced and cleaned on an as-needed basis.
L. Excavation and Mining - No excavation of stone, sand, gravel or earth
shall be made on any lot, except for excavation necessary in connection
with construction of approved structures and improvements.
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M.
Hunting and Fireanns - No hunting or discharge of fireanns shall be
pennitted within the subdivision.
Recreational Equipment - Snowmobiles, A TV s, motorcycles, horses or
other recreational equipment shall be pennitted upon each lot owner's own
property and the common roads only, and not infringe upon the rights or
safety of other lot owners. For liability reasons, the use of such equipment
upon the lots of others is not allowed, unless pennission is specifically
granted by those lot owners. All such equipment should be stored in an
enclosure, or otherwise hidden from view of other lot owners when not in
N.
use.
O. Easements - The easements shown on the official survey plat for the
property are hereby reserved for the purpose of installing and maintaining
utility services, and for other such purposes incidental to the development
ofthe property.
P. Pets - Pets must remain under control ofthe owner, and retained within
each owner's own lot, and not create any nuisance for other lot owners.
Complaints involving pets shall be addressed by the association
committee, and affected pet owners shall comply with the decision of the
majority in resolving any such issues.
Q. Additional Restrictions - Future agreements as to additional and
unforeseen circumstances that may arise from time to time shall be
addressed by the association committee, and appended to these Covenants
by sixty percent majority approval.
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DUTIES OF LOT OWNER COMMITTEE. The committee shall, when
necessary, undertake to perfonn periodic maintenance services on the Common
Road, Shared Access Road, and pay for any materials and services required to
enforce these Covenants. The committee shall review and approve all such
estimates and common expenditures in advance, and submit an annual budget
estimate for lot owner approval, along with mmual statements for each owner.
Such assessments shall be based upon the fair assessment methodology, as agreed
by the association, for resident owners and land-only owners. Once all five lots
have structures upon them, each lot shall be considered equally for assessment
purposes of common maintenance costs. Individual owner assessments shall be
paid within thirty (30) days of receipt.
A. Road Maintenance Zones - Three separate road maintenance zones are
hereby established, as follows: 1) Lower Shared Access road from county
road to the split of Freedom Ridge Road and Eagle Crest, 2) Freedom
Ridge Road from split with Eagle Crest westward to non subdivision
property, and 3) Eagle Crest Road from the split from Freedom Ridge
Road to the upper cul-de-sac. Each zone shall be maintained by separate
funds, established as follows: 1) Shared Access Road by all five lot
owners and any users of properties west of the Subdivision, 2) Freedom
Ridge beyond the split by owners of Lot 1, and any users of properties
west ofthe Subdivision, 3) Eagle Crest Road from split to the upper cul-
de-sac by owners of lots 2,3,4 and 5.
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B.
000:113
Fund - A fund or special account shall be established for collecting and
disbursing monies designated for common subdivision maintenance costs.
A committee member shall be appointed as Treasurer to maintain the
maintenance fund, and a second committee member shall serve an
oversight or auditor role. All receipts into and approved disbursements
from the maintenance fund shall be properly recorded and supported by
adequate documentation, and available for inspection by any member of
the association.
C. Fair Assessment Methodology - Subdivision maintenance costs shall be
assessed based on a two-tier method, determined by whether lot owners
are deemed residents or occupants, or whether they are only land owners
or non-occupants. Unless approved otherwise, or subject to other
agreements, such assessments shall be based on the following percentages
according to the number of residents / occupants:
One Resident: (80.0%)
and Four Land Owners: (5.0% each)
Two Residents: (42.5% each) and Three Land Owners: (5.0% each)
Three Residents: (30.0% each) and Two Land Owners: (5.0% each)
Four Residents: (23.75% each) and One Land Owner: (5.0%)
D. Special Assessments - Upon the approval of sixty percent (60%) of the lot
owners, the association committee shall have the authority to establish
special assessments to meet emergency or unusual conditions that may
arise. Depending on the nature and circumstances of the emergency, the
committee majority shall determine whether or not the special assessments
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shall be billed based upon the fair assessment methodology or to each lot
owner equally. Likewise, in the event the common fund is short of
necessary funds, written notice shall be sent, as determined under the fair
assessment methodology, to all lot owners requesting special payments to
cover any such approved but unfunded requirements. All special
assessments shall be payable within thirty (30) days of billing, and any
such payments that are not made within thirty days after the due date shall
accrue interest from the due date at the rate of ten percent per annum. The
committee may bring an action at law against the owner(s) personally
obligated to pay the same, and/or place a lien upon the lot(s) in order to
secure payment after ninety (90) days from the due date. The lien of the
assessment provided for herein shall subordinate to the lien of an existing
first mortgage. The sale or transfer of any lot shall not affect the
assessment of lien.
E. Limitation of Liability - Neither the committee nor any member thereof
shall be liable to any party for any action or inaction with respect to any
provision of these covenants, provided that such committee or member
thereofhas acted in good faith.
10. VIOLATIONS, ENFORCEMENT, LIENS AND COSTS. The limitations and
requirements for land use and development set forth in these covenants shall be
enforceable by the committee or any owner of a lot within the property, or its
successor in interest as owner of the real property. Every owner of a lot within
the property hereby consents to the entry of an injunction against him or her or his
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or her tenants or guests, to terminate or restrain any violation of these covenants.
Any lot owner who uses or allows his or her lot to be used or developed in
violation of these covenants further agrees to pay all costs incurred by the
committee or other lot owners in enforcing these covenants, including reasonable
attorney's fees and court costs. The committee shall have a lien against each lot
and the improvements thereon to secure the payment of any billing for common
services, special assessments, or penalty due to the committee from the owner of
such property which is not paid within the time provided by these Covenants, plus
interest due from the date of demand for payment at the rate often percent per
annum. The committee is authorized to record a notice oflien in the office of the
County Clerk in Lincoln County, Wyoming, which shall include a description of
the property and the name of the owner thereof and the basis for the amount of the
lien. A copy of the notice of the lien as filed in the County Clerk's office shall be
sent to the owner by certified or registered mail. Any such lien may be foreclosed
in the manner provided for foreclosures of mortgages by the committee shall be
entitled to the payment of all cost incurred in the establishment or enforcement of
any lien, including filing costs and attorney's fees and court costs.
11. AMENDMENT. These Covenants may be amended by the written consent of
sixty (60%) percent of the lot owners within the property.
12. DURATION OF THE COVENANTS. All of the Covenants, Conditions and
Restrictions set forth herein shall continue and remain in full force and effect at
all times against the property and the owners and purchasers of any portion
thereof, subject to the right of amendment as set forth in Article 11 thereof. These
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Covenants shall be deemed to automatically renew themselves annually, unless
sixty (60%) percent of the lot owners agree otherwise in writing.
13. SEVERABILITY. Any decision by a court of competent jurisdiction invalidating
any part or paragraph of these Covenants shall be limited to the part or paragraph
affected by the decision of the court, and the remaining paragraphs and
Covenants, Conditions and Restrictions therein shall remain in full force and
effect.
14. ACCEPTANCE OF COVENANTS. Every owner or purchaser of a lot within the
property shall be bound by and subject to all the provisions ofthis Declaration,
and every lot owner or purchaser through his or her purchase or ownership
expressly accepts and consents to the operation and enforcement of all the
provisions of this Declaration.
15. AGRICULTURAL RIGHTS. All potential lot owners are put on notice that there
are existing agricultural operations in the neighboring area and agricultural-
related nuisances may exist.
16. LIVESTOCK. Horses, llamas and alpacas are allowed up to four (4) including
fouls. No swine, cattle, sheep or fowl.
End of Declaration
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FREEDOM RIDGE SUBDNISION COVENANTS, CONDITIONS AND RESTRICTIONS
The revised Declaration of Covenants, Conditions and Restrictions for Freedom Ridge
Subdivision, dated February lS'h, 2007, have been hereby agreed to by P Au L J?. 5 We-NSt/1\J
tMJ. "SUS/l1J (þ." I}t..Llfxsete onthis:z./~ dayofÞ1ßic.H ,2007.
Owner(s) LOT # -.L of five.
fJwJl fl. ~ 5 ~ R. rltt.---
Witness my hand and Offici~~
~~- D_
Notary, located \..J~~ t-~'" ~~
My Commission expires \ \ ~ \ \ '2.J:::a \ D
.
PATRICIA L. GARDNER ,
NOTARY PUBLlC.MINNESOTA
My CommIUlon Expil8l Ju. 31, lOll
. ~
.
O~28063
FREEDOM RIDGE SUBDIVISION COVENANTS, CONDmONS AND RESTRICTIONS
000118
The revised Declaration of Covenants, Conditions and Restrictions for Freedom Ridge
S,ubdivision, dated February 1Sth, 2007, have been hereby agreed to by ~ (2 ~
~ . ^ (/ /
- , t.?l-~? /'J1.' ~1ð~.-1 ./ on this I c¡ day of ,11",. cIv-, 2007.
Owner(s) LOT -it ~ of five.
Witness my hand and official seal:
My Commission expires
rj t¿? .:J.'-"-"t.4I
!J¿, /tJ'-l//fj
I ,
NOTARY PUBLIC
STATE OF
WYOMING
JUt« e. 200B
O~280b3
00011!~
FREEDOM RIDGE SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
The revised Declaration of Covenants, Conditions and Restrictions for Freedom ~dge
Subdivision, dated February 18th, 2007, have been hereby agreed to by \\. ~ \l \~ =-
~--e .~
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on this 2- 0 day of MARCH, 2007.
Owner(s) LOT # --±- of five. ~Atoo.,{!> \< l>t~ ~ \ftR"l~IA 'b. B\~
Witnes./y hand and official seal:
.~4d¡(/¿ {A_') 7 7 '
Notary, located <J'''-'L" ........;¡
My Commission expires /""'1~...! t:J ¡ L"" ¡ '-¿.
ANTHONY K. WRAGG JR.
NOTARY PUIU:. STATE a: MI
OOUNTY Of WAYNE
MY (nIUCSSI(W EXPIÆ8 May 1 2012
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O~28063
000120
FREEDOM RIDGE SUBDNISION COVENANTS, CONDmONS AND RESTRICTIONS
Owner(s) LOT # .:> of five.
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Witness my hand and official seal:
S (Lj) ~ð C 1). L~
Notary, located ~\'i""\'\o-v ~\;~t:""ic;
My Commission expires l D J I Î z;.þð $- .
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o~~~9ä~NIA ALL-PURPOSE ACKNOWLEDGMENT
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000:1.21.
State of California
County of ". \ 0E. "ð'~
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Date .
}ss.
On
before me,
personally
appeared
Name and Title of Officer (e.g., Jane Doe, Notary P lic")
'\3',\G~ A. -:r-E.~\<.\r'\~ o...tv\. ~~ \ "'ir"\ l.L).
Name(s) of Signer(s)
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o personally known to me
......A..........................A.~
LORI M. NELSON
Commission # 1520149
Notary Public· California ~
Riverside County -
My Comm. Expires Oct 1 7, 2008
~proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) 'lJltare subscribed
to the within instrument and acknowledged to me that
Re/3nelthey executed the same in RtS7'her/their
authorized capacity(ies), and that by fli&fl:lew'their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
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Slgnatureo~
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Place Notary Seal Above
Description of Attached Document
Title or Type of Document:~~Å.~~~ðh-.\~I.)\~\.cJv\.c:.~~;:s ~ (' ~~ ~
Document Date: 3 -.;t \ -o( . Number of Pages: ..:t-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~
II) 2004 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402 . Chatsworth. CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827