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HomeMy WebLinkAbout932913 Declaration of Covenants, Conditions and Restrictions For North Forty Subdivision '1tU""QA -^~ \~...-·"~,,U This Declaration made on the Date hereinafter set forth by North Forty Subdivision, Located in Lincoln County, Wyoming De Section 1. "Association" shall mean an successors and assigns. Section 2. "Property" shall mean and reE r to that certain property described on Exhibit A (plat Map) attached hereto and made a p hereof Section 3. "Common Area" shall mean a 1 real property acquired by the Association for there common use and enjoyment of the M mbers ofthe Association, including structures or other improvements thereon, d any real property used for ingress or egress to the Property which has been dedicated t , but is not being maintained by the County of Lincoln. Section 4. "Lot" shall mean and refer to y plot ofland shown upon any recorded subdivision plat map of the property, with he exception of the Common Area. WHEREAS, Declarant is the owner of certain real property in the unincorporated area of the County of Lincoln, State of Wyoming. The real property is being developed by Declarant. 1M Land Development LLC. WHEREAS, it is the desire and intention of the declarant to sell the property described above and to impose upon it mutual beneficial restrictions under a general plan or scheme of improvements for there benefit of all of said lands and the future owners of those lands and WHEREAS, the developer has incorporated a non-profit corporation known as North Forty Home Association, which will have the powers to maintain, administer, and enforce the covenants and restrictions hereinafter created, and the owners of lots or parcels referred to herein may be assessed by said Association for their share of common properties and recreational facilities which have been or may hereinafter be acquired by the Association for the benefit of its members and WHEREAS, Declarant will convey the said property, subject to certain protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth; Now, Therefore, Declarant hereby declares that all.ofthe property shall be held, sold conveyed, encumbered, leased, rented, use ,occupied, and improved subject to the following easements, restrictions, covenan s and conditions, all of which are for the purpose of enhancing and protecting the v lue, desirability, and attractiveness of the real property and every part thereof These eas ments, covenants, restrictions, and conditions shall run with the real property and shall b binding on all parties having or acquiring any right, title, or interest in the described prop rty or any part thereof icle 1 'tions refer to North Forty Home Association, its RECEIVED 9/7/2007 t 10:16 AM RECEIVING # 9 2913 BOOK: 671 PAGE: 426 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY C}h 000427 Section 5. "Member" shall mean and refer to any person or entity who holds a membership in the Association by reason of purchasing or owning a portion of the Property. Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot or parcel, and shall also include contract purchasers and the Declarant, but shall exclude those having such interest merely as security for the performance of any obligation. Section 7. "Declarant" and "Developer" shall both mean and refer to JM Land Development LLC. And its successors and assigns, and shall also refer to the Developer if additional properties are annexed hereto by Developer, as hereinafter provided. Article II Annexation of Additional Properties Section 1. Additional properties in Lincoln County, Wyoming may be annexed hereto by the Developer, JM Land Development LLC. Or its successors, and said properties may be annexed to the property without the assent of the Association Members, and may be annexed subject to conditions, covenants, and restrictions different ITom those contained herein. The owners of said additional parcels or improvements shall also be members of the North Forty Home Association. Article III Membership Every purchaser or owner of a Lot or parcel which is subject to assessment, as set forth in Article VI herein, shall be a Member of the Association. Membership shall be appurtenant to each a lot or parcel and may not be separated ITom the interest of any owner in such Lot or parcel. Ownership of such interest shall be sole qualification for membership. Article IV Voting Rights The Association shall have one class of voting membership. All owners or purchasers of a lot shall be entitled to one vote for each Lot or parcel in which they hold the interest required for membership in Article III. When more than one person holds such interest in any lot, the vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to anyone lot. The developer shall be entitled to one vote for each lot or parcel held for sale. Article V Property Rights Section 1. Members Easements of enjoyment. Every Owner shall have the right and easement of enjoyment in and to the common area and such easement shall be appurtenant to the respective Lot or parcel for which each owner holds such interest and shall pass with the title to every assessed Lot or parcel, subject to the following provIsIons: (a) The rights of the Association, in accordance with its articles and bylaws, to borrow money for the purpose of purchasing and improving Common Areas and facilities and in aid thereof to mortgage or otherwise encumber said property. C(M r'\1ìO'" 01"\"0 'Jìv iH.::i:;",c..<J (b) The right of the association to suspend the voting rights and rights to use of the common facilities of a member for any period during which any assessment against his lot or parcel remains due an unpaid, and for a period not to exceed thirty days after notice and hearing for any infraction of its published rules and regulations; and ( c) The rights of the association to dedicate or transfer all of any part of the Common Area to any public agency, authority, or utility for such purposes and subject to much conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument has been signed ,by two-thirds of the entire membership. Section 2 "Delegation of Use". Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchaser who reside on the property. Article VI Covenants for Maintenance Assessments Section 1. Creation of the Lien and personal Obligation of Assessments. Each Owner or purchaser of any lot or parcel shall be deemed to covenant and agree to pay to the Association (1) annual assessments or charges and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected rrom time to time as hereinafter provided. The annual and special assessments, together with such interest thereon 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 when the Association causes to be recorded with the County Recorder of the County of Lincoln a notice of assessment stating the amount of such assessment and such other charges as herein below provided, a description of the property being assessed, and the name of the record Owner thereof, executed by a duly authorized representative of the Association. Each such assessment, together with such interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the Owner or purchases of such property at the time the assessment fell due. The Developer shall not be liable for the payment of assessments relating to unsold lots covered by these covenants and restrictions. SECTION 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the Members of the Association, and in particular for the improvement and maintenance of the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area. SECTION 3. Basis and Maximum of Annual Assessments. The maximum annual assessment shall be FOUR HUNDRED DOLLARS ($400.00) per Lot or parcel. a) Thereafter, the maximum annual assessment may be increased effective January 1 of each year by the Board of Directions, without a vote of the membership, in conformance with the percentage increase, if any, of the Consumer Price Index, United States City Average for all Urban Consumers, as published by the United States Department of Labor for the immediately preceding month of July over such Index for the previous immediately preceding month of July. ~ {N)0429 b) Anything contained herein to the contrary notwithstanding, the maximum annual assessment maybe increased for the next succeeding year above that established by the Consumer Price Index formula by a vote of the Members taken within the last quarter of each such year, for each succeeding year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of the Members, present in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days, nor more than sixty (60) days, in advance ofthe meeting, setting forth the purpose of the meeting. c) After consideration of current maintenance costs and future needs of the Association, the Board of Directors shall fix the annual assessment at an amount not in excess of the maximum established for the subject year. d) The water hookup fee will be $4000.00 unless otherwise noted before. This will include developer providing a % inch line with shut off to the edge oflot line. SECTION 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for that purpose of defraying in whole or in part, the costs of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto; provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Members present in person or by proxy at a meeting duly called for this purpose written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. SECTION 5. Quorum for Any Action Authorized Under Sections 3 and 4. At any meeting called, as provided in Sections 3 and 4 hereof, the presence of the meeting of Members, or of proxies, entitled to cast sixty per cent (60%) of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4, except that the required quorum at any preceding meeting, and no such subsequent meeting shall be one-half (l/2) of the required quorum at the preceding meeting, and no such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. SECTION 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots or parcels and may be collected on a monthly or other convenient basis. SECTION 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as to all Lots or parcels on the first day of the month following the execution of a Contract Deed or the conveyance of a deed to the purchaser. The first annual assessment shall be adjusted according to the number of months remaining in the calendar or fiscal year. The Board of Directors shall fix the amount of the annual assessment against each Lot or parcel at least thirty (30) days in advance of each annual assessment period as provided herein. Written notice of the annual assessment period as provided herein. Written notice of the annual assessment period shall be sent to every Owner subject thereto at last annually. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time fJM ù00430 furnish a certificate in writing, signed by an officer of the Association or a duly authorized agent, setting forth whether the assessments on a specific Lot or parcel have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment at any assessment therein states to have been paid. SECTION 8. Effect of Non-payment of Assessments; Remedies of the Association. Any assessments which are not paid within thirty (30) days after the due date shall bear interest ftom the date of delinquency at the maximum allowable rate per annum, and the Association may bring legal action against the Owner personally obligated to pay the same or foreclose the lien against the Lot or parcel for which the assessments is past due. Interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of such assessments. Such foreclosure will be by appropriate action in court, or in the manner provided by law for the foreclosure of a trust deed or mortgage as set forth in the laws of the State of Wyoming, as the same may be amended. In the event the foreclosure under power of sale, the Association shall be entitled to actual expenses and such fees as may be allowed by law or as may be prevailing at the time sale is conducted. No Owner may waive or otherwise escape liability for the Assessmentsprovided for herein by non-use of the Common Area or abandonment of his Lot or parcel. . SECTION 9. Exempt Property. The following property subject to this Declaration shall be exempt ftom the assessments created herein: a) All property dedicated to and accepted by a local public authority. ' b) The Common Area. c) All properties owned by a charitable or non-profit organization exempt ftom taxation by laws of the State of Wyoming. Nothing contained in for foregoing shall exempt land or improvements devoted to dwelling use ftom said assessments. d) All Lots or parcels held for sale by the Developer. ARTICLE vn ARCIDTECTURAL CONTROL SECTION 1. No building, fence, structural wall, or other structure shall be commenced, erected, or maintained upon any Lot or parcel, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall have been submitted to and approved in writing, as to harmony and external design and location in relation to surrounding structures and topography, by the Board of Directors of the Association, or by an Architectural Committee composed of three or more representatives appointed by the Board. Prior to the commencement of any excavations, construction, or remodeling of any structure theretofore completed, there shall first be filed with the Board of Directors of the Association or the Architectural Committee two complete sets of building plans and specifications therefore, together with a block or plot plan indication the exact part of the building site the improvement will cover, and said work shall not commence unless the Architectural Committee shall endorse said plans as being in compliance with these covenants and are otherwise approved. The second set of plans shall be filed as a permanent record with the Architectural Committee. ~ r,. ""0' A ~j , ",J ,:' ',{.;" '~'" ',....... "$.-.- In the event said Board or its designated Committee fails to approve or disapprove such design and location within forty-five days after said plans and specifications have been submitted to it, approval will not be required and full compliance with this Article will be deemed to have been made. ARTICLE VIII USE RESTRICTIONS The Lots of North Forty Subdivision shall be used solely for private, single-family residential purposes, and there shall not be constructed or maintained thereon more than one single-family dwelling and a private garage for not more than three (3) cars. In addition, said Lots shall be subject to the following restrictions: SECTION 1. No residential structures having floor area ofless than 1000 square feet, not including open porches, patios, and garages, shall be erected or placed on any residential Lot. All houses shall not have roof pitches less than 5/12 and all shed or out buildings no less than 4/12 pitch roofs. All houses must have at least a double car garage attached or detached with minimum square footage of 400 square feet. No modular or manufactured homes allowed. No unusual construction or house design, such as round or unusual shape. No portable buildings. All buildings must be approved by Home Owners Construction Committee before construction begins. All buildings must be completed one year after starting. All structures shall be furnished with a pressure-reducing valve and an anti-siphoning valve when water connection is connected. SECTION 2. No building shall be located on any Lot nearer to the ftont line than 20 feet there from, measure to the foundation of such building; nor nearer than 30 feet to the rear lot line; nor nearer than 15 feet to the side lot line. For the purpose of this covenant, eaves, steps, and open porches shall be considered as part of a building for the purpose of determining such distances. SECTION 3. No derrick or other structure designed for use in boring, mining, or quarrying for water, oil, or natural gas or precious mineral shall be maintained or permitted on any Lot or parcel. No oil drilling, development operations, refining, quarrying, or mining operations of any kind shall be permitted upon any Lot. SECTION 4. No building having a width ofless than 20 feet at the minimum building set-back line shall be erected or placed upon any lot. SECTION 5. No mercantile, manufacturing, mechanical or trade business, or business establishment of any nature shall be maintained on said land. SECTION 6. No swine, sheep, goats, poultry, chickens, or rabbits shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes. Household animals must be kept on owner's property and leashed. Horses or cattle can be kept on lots that are one acre or larger. That number cannot exceed two horses or cattle per acre. On lots that are larger than one acre the maximum number cannot exceed four animals. When animals exceed more than two on a lot, a fenced area of 144 square feet per animal is required for feeding, thus preserving the rest of grazing areas. SECTION 7. No noxious or offensive activity shall be carried on upon any Lot or parcel, nor shall anything be done thereon that may be or become an annoyance or nuisance to the neighborhood. tft\ ~ ,,,, 0 A ""F) {j\.if..tij~ SECTION 8. After commencement of any building, structure, fence or wall permitted hereby to be constructed, the same shall be prosecuted to completion with reasonable diligence, not to exceed one year. . SECTION 9. No structures of a temporary nature, trailer, basement house, tent, shack, garage, barn, or other outbuilding shall be used at any time as a residence, either temporarily or pennanently, nor shall said structures be permitted on said Lots or parcels at any time. No old or second hand structures shall be moved onto any of said lots or parcels it being the intent hereof that all dwellings and other buildings to be erected on said Lots shall be new construction of good quality workmanship and materials. SECTION 10. Only one boat, trailer; camper, house trailer, van, or trucks less than One ton capacity shall be parked or stored upon the Lot of the property or in the driveways of any lot. These must be in working order for usual use. No multiple numbers of non running vehicles for repair can be stored on any lot or parcel. No automobile, motorcycle, trailer, boat, truck, or similar vehicle shall be repaired or painted upon any portion of any Lot which is visible ftom the streets or roadways of the Property. SECTION 11. All Slopes or terraces on any Lot or parcel shall be maintained so as to prevent any erosion thereof upon adjacent streets or adjoining Lots or Common Area. Any new structures must have a permit ftom the Department of Environmental Quality, Water Quality Division, Stonn Water Program and the pamphlet entitled "Does your Construction Site Need a Stonn Water Permit" before building. SECTION 12. There is hereby reserved ftom each Lot and the Owner thereof an easement for the installation and maintenance of all types of utilities and drainage facilities together with reasonable rights of access to said easement. SECTION 13. No billboard of any character shall be erected, posted, painted, or displayed upon or about any Lot or parcel. One only "for sale" sign on each lot by owner or Realty Company not to exceed 500 square inches. Also a sign not to exceed 864 square inches can be displayed by Builder or Contractor, must be professionally produced, no hand painted signs. SECTION 14. No Lot or parcel shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Such trash, rubbish, garbage, or other waste shall not be kept, except in sanitary containers. All containers or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and no rubbish, trash, papers, junk or debris shall be burned upon any Lot or parcel. During construction of any structure, fence or such shall have, all trash, rubbish, garbage, or other waste removed weekly. All Lots must have porta-potty on site during construction of house. SECTION 15. No individual water supply system shall be used or permitted on any Lot or group of Lots unless such system is located, constructed and equipped in accordance with the standard of the State Health Department and approved by such authority, and unless such system is permitted and approved by the Architectural Control Committee, which may deny approval if, in its sole discretion, such a system would not be in the best interests of the Association. SECTION 16. No fence, wall, or hedge may exceed 6 feet in height. No wire fences. Metal panels for animals may be used for corrals and fences. f}M !;~uql ~ 2~ ~8~ ~~r ~! ~~~~~i ~¡ ií ~~ ~~ 0ij i~ h~ ~~ I~ m~ ~~§I!~~i ~ ~ ~~ ~!IJ!!; ~~~ ~ ~;~'U~ ~~ L~ ~i ~i ~~ ell! ~'fO~¡;¡ "'8~~!ì!({' (9~"~ ~~~~ ~F [.i. I ~ nl II j P,QI ~~ 1 I~f Ii ~ ¡~ - ~ iJ~ ~~ tiE ~ ït; ~ ijf if . f ~ ! I ~ ~ I ~ JHji. g ~ ~ L . 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I~ ¡JIg Iì:§ ! t·'" ~[ ~j 'I I!," [(J~ ¡léUUI 'i f : n ~ .~ I p ~¡¡~ ~ ~ ¡l II: d i". i~" ft~ mlllSl ~, I· 1:1911 p ..~ g! j ~ ::ft ~~~ ~ . iI ~~ .t"", ;;~m~~ I ~ li~~jI ~I :n ill! [bJ~ :0: s~ n I ~ ~ g h t ~ i-i i?11 m!n!~ ! ! "!;I !!;: rl ~~~~.~ . il~~li ~ ~ ~'11 a~j' ~iI m U§ m~ml ! W æ ~ ai- l ~_ I [E1~ f ~ !~ I :1 s -'~"~ " i I~ & !~;.fo: ~. ~~ i a.~ ~ J"~! ~ ;[ 1"'1 m~ ~I l; If ~ ~ IHH !~ I:iUh ly-.... ~ I:e r <; i¡,J ~ i!" 1!â r ' In ~ ~ f1ü Flfi' ~¡- UI~ If Ihf Iii ~¡¡; iUPiI ~3f IV i!1! æ iM§ p~ J!~ ! ¡¡if 15 9 iÞ. '. ..-+..0....· ~ # Ilw r i~r r IHIiHìi] ~ !Hdddl 01i1.,g,IX.Oillll> ! i ~ I AR TICILE IX General Provisions SECTION 1. Enforcement. Each and all of said conditions, covenants, and reservations is and are for the benefit of each Owner ofland or any interest therein in North Forty Subdivision, and each thereof shall inure to and pass with each and every Lot or parcel and shall apply to and bind the respective successors in interest. Each grantee of a deed to any or portion of a Lot or parcel shall be deemed to have taken ownership subject to the declarations and covenants contained herein. The Association or any Owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereinafter imposed by the provisions of this Declaration. 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. A breach of any restriction, condition, or covenant may be enjoyed, abated, or remedied by appropriate proceedings. No such breach shall affect or impair the lien of any bona fide mortgage or deed of trust which shall have been given in good faith and for value; provided however, that any subsequent Owner of said property shall be bound by the said conditions and covenants, whether obtained by foreclosure or at a trustee's sale or otherwise. SECTION 2. Violation Constitutes Nuisance. Every act or omission whereby any restriction, condition, or covenant in this Declaration set forth is 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 and/or by any Lot Owner, and such remedy shall be deemed cumulative and not exclusive. SECTION 3. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any other provisions, which shall remain in full force and effect. SECTION 4. Duration of Restrictions. All of the conditions, covenants, and reservations set forth herein shall continue and remain in full force and effect at all times against said Property and the owners thereof, subject to the right of change or modification hereinafter provided. The Home Owners and Declarant can by 2/3rds majority vote of membership change or modify Covenants, Conditions, Restrictions at the beginning of each calendar year and can put into policy within 120 days of approval. Nothing contained herein shall preclude the Developer ITom annexing additional property subject to covenants, conditions, and restrictions different ITom those contained herein. The owners of Lots or parcels or improvements of such additional properties shall also be members of North Forty Home Association. In witness whereof, the ç~¡:1.n~ being the Declarant berein, bas hereunto set its hand this b day of . 2007. .- HniO: ~ .~i' ';,.J"~" v 0"1;"" ~-t I following CC&R's . Dated: Witness: (Lot Owner) Acknowledge and accept the INDIVIDUAL ACKNOWLEDGMENT ûG0435 . State/Common',4/9alth of u.J 8 C!/VI ( lit 'j County of L / Þ1 t¿ / ),.\..... }ss On this the c;, .µ me, t ¡{l.t! d: tt. day of .s yo p+-t' fl/1 fa" r Month /Î ¡, I elf> Ìí SO 1/,-- Name of Notary Public Public, personally appeared ::Iop I F , .;2 éJ 07 Year , before , the undersigned Notary 'f}1<rrt' I- + Name(s) of Signer(s) ßJ personally known to me - OR - o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same for the purposes therein stated. c~ NCIIIION ...... "-: ~ CoünIy ~ My COrnrnIaIon\I~.s·.;lS" -';e/O. WITNESS my hand and official seal. f!¡áLl /ttit ¿;(¿rf¿(.j {~/~ Signature of Notary Public \ ,etc.) Place Notary Seal and/or Any Stamp Above OPTIONAL Although the information in this section 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. Right Thumbprint of Signer Top of thumb here Description of Attached Document Title or Type of Document: /)¡ e I û rcd I' () '^- err ÛJtJ.( 1Ii.a ¡...cb Document Date: q- (~-() 7 Number of Pages: l' Signer(s) Other Than Named Above: Ú ¿'1 ¡(II tPCv k ~ f Ctv6'\.e r . © 2002 National Notary Association· 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 . www.NationaINotary.org Item No. 5936 Reorder: Call Toll-Free 1-800 US NOTARY (1-800-876-6627)