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HomeMy WebLinkAbout931235 \.:~ ( 000,597 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ROCKBRIDGE MEADOWS SECOND ADDITION TO THE TOWN OF AFTON These Covenants, Conditions, and Restrictions regulating and controlling the use and development of the Rockbridge Meadows Second Addition, also know as Phase II of the Rockbridge Meadows Addition, are essentially identical to those recorded with the Rockbridge Meadows First Addition differing only in the name of the addition. Both phases of the addition along with future phases will be combined under a single Association and a single Board. (See Definitions below.) This Declaration of Covenants, Conditions, and Restrictions regulating and controlling the use and development of certain real property as hereinafter described is made to be effective as of the 8th day of July, 2005 ("Declaration"), by Rockbridge Meadows LLC, a Wyoming limited liability company, hereinafter referred to as "Declarant", the Owner or beneficial owner of a lot or lots of the Rockbridge Meadows second addition (lithe Addition") in accordance with the plat to be filed for record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming, (lithe Plat"), which shall hereinafter be referred to as the "Property". The Property is located within the Town of Afton, Wyoming ("Afton"), and is therefore subject to all laws, ordinances, rules and regulations governing real property situated in Afton. Nevertheless, because the Property is of such high scenic and natural value, Declarant adopts the following Covenants, Conditions, and Restrictions in addition to such other laws governing the Property 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 of the 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 Rockbridge Meadows Property Owners Association and its successors and assigns. Page 1 of 15 RECEIVED 7/13/2007 at 10:14 AM RECEIVING # 931235 BOOK: 665 PAGE: 597 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY OG059S 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. "Declarant" shall mean and refer to Rockbridge Meadows LLC. 4. "Lot" shall mean and refer to any of the single family residential plots of land shown upon all recorded Addition plats of the Property filed by the Declarant in the Office of Lincoln County Clerk. 5. "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. 6. "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 such Lot are accessory. 7. "Property" shall mean and refer to that certain real property known as the Rockbridge Meadows first addition, in accordance with the plat to be filed for record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming, as Plat No. 360-D and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 8. "Structure" shall mean anything built or placed on the ground, excluding fences. ARTICLE II 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 50% 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. 2. Manaaement of Association and Property. The 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 Page 2 of 15 O(}05~9 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 members of the Association. All Board members shall be an owner or an officer, partner, shareholder or member of an owner. Until 50% 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 and 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. Authority and Duties. The duties and obligations of the Board as set forth herein 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 III COVENANT FOR MAINTENANCE ASSESSMENTS 1. Creation of the Lien and Personal Obliaation of Assessments. Each Owner of any Lot, except unsold Lots owned by Declarant, by acceptance of a deed 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 an annual assessment as determined by the Board for the funding of the Association and performance of its duties as required herein. Page 3 of 15 ooosro a. A general, continuing lien is hereby imposed on each Lot in the Addition for the payment of annual assessments imposed on Lots according to this Declaration. In connection with that general lien, all such assessments together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon all those Lots on which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the entity or person who was the Owner of such Property at the time when the assessment fell due. b. In addition, for the collection of delinquent user fees or charges, the Board may by resolution enact such policies and procedures or rules and regulations as it deems appropriate including without limitation imposition of service charges, collection of attorney fees or other costs of collection, or the filing of a lien against the Lot for the amount 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, to fund the business and operations of the Association including performance of its duties as stated herein, and for 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 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. Notice and Quorum for Anv Action Authorized under Section 3. Written notices of any meeting called for the purpose of taking any action authorized under Section 3 or 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 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 at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 5. Uniform Rate of Assessment. Except for lots owned by the Developer, the annual 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. 6. 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 Page 4 of 15 0':1'06(,1 month following the conveyance of the first Lot. The first annual assessment for lots purchased thereafter shall be adjusted according to the number of months remaining in the calendar 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 assessments on a specified Lot have been paid. 7. Effect of Non-Payment of Assessments: Remedies of the 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 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 on any basis whatsoever. 8. Priority of the Assessment Lien. Sale or transfer of any Lot or the recording of any mortgage or other lien against any Lot shall not affect the priority of the assessment lien. ARTICLE IV - ARCHITECTURAL STANDARDS 1. Architectural/site Committee: OrQanization. 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 Paul A. Scherbel and Marlowe Scherbel. Once the Board has been elected, it shall serve as the Architectural/site Committee. 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 and its issuance of a permit to proceed. 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: MeetinQs: Action: Expenses. The Architectural/site Committee shall meet from time to time as necessary to properly perform its duties hereunder. The vote or written consent of a majority of its members shall constitute an act by the Architectural/site Committee unless the unanimous decision of its members is otherwise required by this Declaration. The Architectural/site Committee shall keep and maintain a record of all action Page 5 of 15 0':1'06«:2 from time to time taken by the Architectural/site 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. 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 of the 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 for any work done or proposed, or 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. Liabilitv. 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 or disapproval 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, or (c) the development, or manner of development, of any property within the Property. 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 V - DESIGN STANDARDS 1. General Standards. The following standards and restrictions are applicable to the construction, remodeling, alteration and exterior refinishing of any and all Structures and improvements and site preparation upon each Lot. 2. Uniform Codes. All structures or improvements shall be erected in accordance with all laws, ordinances, rules and regulations of Afton, Lincoln County, and the State of Wyoming, and the current edition of the following uniform codes: Page 6 of 15 O':)OGC3 a. Uniform Building Code; b. International Conference of Building Officials; c. National Plumbing Code; d. National Electrical Code; and e. National Fire Protective Association International. 3. Desicm Character. All buildings shall be constructed in character with each other specifically by using complementary exterior roofing, building material and coloring on each building on the properties. All buildings will be painted or faced and roofed in colors that blend into the natural environment and landscape of the area. 4. Exterior materials will be of rough sawed natural wood, peeled log, stone, or similar rough textured natural material, manufactured stone, brick, or stucco, aluminum siding, metal siding, or vinyl siding. No cinder blocks shall be used as exterior material. Roof materials shall be cedar shake or shingle, composite shingle, slate, tile, or ribbed metal or metal shingle roofing with a non-reflective flat color finish. 5. 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. 6. Exterior colors shall be earth tones or such other colors as are approved by the Architectural/site Committee. 7. Buildina Desian. 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), a guest house for the use of guests and not for rent, and 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 residence shall not be less than 1,500 square feet as measured by the exterior building dimensions on the ground floor, exclusive of the garage, carport, or unenclosed porches or decks. All residences must also include an attached garage large enough for at least 2 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. d. Roofs shall have a minimum pitch of five feet in twelve feet. All primary roofs shall have a minimum overhang of two feet. Solar collectors shall not be considered roofs. No unpainted metal roofs shall be allowed. Page 7 of 15 O,'-"'!t¡rICL'\4' . .'~~ 't.i"~(.:J" .. e. The use of gables, porches, decks, and other decorative architectural features is encouraged to avoid homes with a "boxy" appearance. f. Solar collectors may be of any construction, materials or pitch required for efficient operation, but they shall not be placed on any structure in a manner which causes objectionable glare to any 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. 8. Setbacks shall not be less than those required by Afton or Lincoln County. 9. All areas of Lots not used for structures or drive-way shall be landscaped with lawns, trees, shrubs, flowers, gardens, ground cover, or decorative walkways, planters, foundations or ponds, within 1 year of receiving a certificate of occupancy. 10. All drive-ways shall be paved with concrete or asphalt. On driveways longer than 50 feet chip seal is approved. 11. Site Desian. Site design shall comply with the following requirements: a. Fencing: i) Fences on lot lines are optional, not mandatory. ii) Fences must be maintained in good repair including painting as needed. iii) Barbed wire, woven field wire, and chain link fences are not permitted. 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. Sanitary Facilities. Each Lot shall have a connection to the Afton sewer system subject to Afton's requirements therefor. d. A domestic water supply shall be provided by Afton subject to its requirements for connection thereto. In addition, each Lot shall have irrigation water rights as are appurtenant to use for irrigation only at a maximum rate of 3 gallons per minute per half acre. However, each Lot Owner must provide his own pumping equipment to receive the irrigation water. Issues regarding use of the irrigation water shall be governed by and resolved according to the laws of the State of Wyoming. e. All approaches from Lots to streets within the Addition shall include where necessary installation of a culvert to accommodate any streams or other water runoff. Head walls must be constructed at each end of a Culvert to retain roadway material and must be faced with natural or synthetic stone. f. Mailboxes. The Afton Postmaster has stated that the number of postal boxes available at the Post Office is not sufficient to provide each lot in the Addition with mail delivery at the Post Office. Therefore, Declarant has applied with the U.S. Postal Service for rural mail delivery into the Addition. If mail delivery is approved, Declarant will select an esthetically Page 8 of 15 O:~~',... r.. ·5' .1' '\1.);.), ,. , pleasing mailbox style that satisfies the requirements established by the Town of Afton as well as the U.S. Postal Service. It is likely that mailboxes will need to be clustered to serve more than one lot. Each Lot Owner will be required to pay their share of the cost the mailbox they will be using. 12. Construction. The exterior of any building must be completed within twelve (12) months of issuance of the Afton Building Permit except where such completion would be impossible, due to size of project, or doing so would result in undue hardship to the Owner because of strikes, emergencies, or natural calamities; provided, however, that the Owner is nonetheless obligated to either diligently pursue completion or removal of the building. If a building permit for the construction of a home is not obtained within 90 days of the purchase of a Lot, the landowner must comply with the Town of Afton and Lincoln County ordinances for weed control. The lot must be mowed on a regular basis and not look overgrown with weeds. It must remain trash free and not detract from the general appearance of the Addition. "Hillside property" is that property lying on the east side of the Addition bordering the National Forest with a slope in excess of 15%. Hillside property need not be landscaped, but may remain in its natural state. ARTICLE VI USES AND RESTRICTIVE COVENANTS 1. General Restrictions. The following general restrictions shall apply to all land, regardless of classification: 2. 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 permit to proceed has been issued by the Architectural/site Committee and a building permit has been issued by Afton. Plans for buildings for the refinishing or improvement if the same shall include scaled floor plans, exterior elevations indicating height, a list of exterior materials and a site plan. 3. Two copies of any proposed plans and related data shall be furnished to the Architectural/site Committee, one of which may be retained by 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 other purposes other than the authority for the person submitting the plan to commence construction. Page 9 of 15 4. Uses: Restrictions. a. Each 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: i) Construction of guest houses in accordance with this Declaration; ii) Any home-based business that complies with Afton's ordinances and that is approved by the Architectural/site Committee; provided, that no commercial business shall be allowed on any Lot; iii) The leasing of any lot from time to time by the Owner thereof, subject, however, to all of the restrictions as may be 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 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 within barbecue receptacles, properly constructed permanent outdoor fireplaces or fire pits, and such fires for vegetation and/or rubbish control as may from time to time be permitted by Afton and Lincoln County fire regulations. d. In general, animals are allowed on the property subject to the Afton Town ordinances governing animals except that horses, mules, and cows are not permitted on the property. All animals shall at all times be restrained by fencing or leashed and maintained on their Owner's lot so as not to be or become a nuisance or be allowed to run at large. Barking dogs or other animals constituting a nuisance shall be confined in a sound resistant enclosure during normal sleeping hours. e. No commercial signs whatsoever shall be erected or maintained upon any lot. A wooden residential identification sign of combined total face area of three (3) square feet 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 area of six (6) square feet. f. 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 nuisance, 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 Addition, are entitled to the reasonable enjoyment of its natural benefits and surroundings. Page 10 of 15 .,. .....",¡.J~ '"I' g. No earth house, basement house, manufactured house, pre-fabricated house, modular house, house trailer, mobile home, shack or similar facility or structure shall be kept, placed or maintained upon any Lot at any time. Any house designed to be transported to the lot on wheels in whole or pre-fabricated part is included in this restriction. The terms "manufactured house", "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 also mean any such building, structure or vehicle, whether or not wheels and/or axles have been removed, after such building, structure or vehicle has been placed either temporarily or permanently upon a foundation. However, Owners may keep a motor home, camp trailer or similar recreational vehicle on a Lot so long as the vehicle is currently registered and not used for residential purposes on the Lot. h. No discharge of any firearms in the Addition will be allowed. No hunting of wildlife of any sort will be allowed within the confines of the Addition. i. No inoperative vehicle shall be kept on the premises for more than thirty (30) days unless parked in an enclosed building. j. 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 cost 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. k. The roads in the Addition will be dedicated to Afton and become public roads. They are designed for the benefit of all lots in the Addition and traffic through the Addition including access for emergency and other public vehicles. Therefore, such roads shall be kept free from parked vehicles except for limited-duration guest parking. I. Each Owner takes title, to a Lot subject to all easements, exceptions, restrictions, reservations, and rights-of-way of sight or record including without limitation those depicted on the Addition plat. 1. Maintenance of Irrigation Canal and Ditch Banks. The existing irrigation canals and ditches ("canal(s) or ditch(es)") located in the Addition are an important, integral, and esthetically attractive feature of the Addition. Therefore, every Owner of a lot with a canal or ditch located on its boundary hereby indemnifies and agrees to the hold the Association harmless from any Page 11 of 15 liability, damages, actions at law or in equity including monetary awards, costs and attorney fees, and any and all other damages, expenses, or liability resulting from any action taken or brought in connection with the existence, operation or maintenance of said canals or ditches. Every Owner of a lot that has a canal or ditch located on the boundary of the lot has the duty to properly maintain the canal or ditch bank in good and serviceable condition and to keep it free from debris. Each Ditch or Canal Association has the duty to control the amount of water flowing in the canals and ditches. ARTICLE VII - 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 purpose of levying and collecting assessments. Lots larger than 0.6 acres may be split according to Afton Town ordinances governing Lot Splits and Additions. Lots smaller than 0.6 acres cannot be split for any reason 2. Assignment of Powers. Any and all of the rights and powers vested in the Declarant pursuant to this Declaration may at any time 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 Addition owned by the Owner; if to the Declarant, at PO Box 11, Afton, WY 83110; 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 and to Declarant. ARTICLE VIII ENFORCEMENT, DURATION AND AMENDMENT Page 12 of 15 - ..- -",' "oJ" ,";::; 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 by the provisions of this Declaration. If such a proceeding is successfully brought, the party against whom the action was brought shall pay to the enforcing party all costs thereof including without limitation a reasonable attorney 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. In addition, the Association may establish fines and the time for payment thereof for violation of the provisions of this Declaration. If any such fines are not paid when due, the Association shall have a lien on the Lot of the Owner who owes the fine and shall have the right to collect the fine in the same manner as annual assessments. 2. Duration of Restrictions. All of the covenants, conditions and restrictions set forth in this Declaration shall be perpetual and 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. 3. Amendment or Revocation. This Declaration may be amended in whole or in part or revoked 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 time as Declarant owns not less than 50% of the Lots, to amend or modify this Declaration by an instrument in writing, and all Lots within the Addition 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 County Clerk of Lincoln County, Wyoming. 4. Annexation. Additional residential property 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. Violation Constitutes Nuisance. Every act or omission, whereby any restriction, condition or covenant in this Declaration set forth, if violated in whole or in 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 any Lot Owner; and such remedies shall be deemed cumulative and not exclusive. 6. 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 Page 13 of 15 O(þCJGj.O any reason becomes unenforceable, no other condition, covenant, or reservation, or any part thereof shall be thereby affected or impaired; and the Declarant and all Owners, 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 or phrase be declared invalid or inoperative or for any reason becomes unenforceable. 7. No Waiver. The failure of the Declarant, the Board or its agents and the Owners to insist, in one or more instances, upon the 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, of 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 by 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. 8. Variances. The Architectural/site Committee, in its sole discretion, may allow reasonable variances and adjustments of the foregoing covenants, conditions and restrictions 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. IN WITNESS WHEREOF, Declarant has caused this Declaration to be duly executed as of the day and year first above written. Page 14 of 15 01'OG~t1 Rockbridge Meadows LLC, a Wyoming limited Liability Company BY~@~ . Paul A. Scherbel, President STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was aCknowle~rd before me by Paul A. Scherbel as President of Rockbridge Meadows LLC, this ? t'\ day of ú. 0 ð ' 2ge5. '2fX);:¡'. Witness my hand and official seal. ~~~;.f'~ "';'..",.'~~"f'r"" \NilE:: DECOrlA NOTARY PUBLIC ~ ';ounty of '.,1J1coln State of Wyoming My commission expires: 010 ou0 TARY PUBLIC ,"';cmmission Expires June 27, 2010 "-',c-_' ,~'I!."'P'Irr'r.n",._ Page 15 of 15