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Home My WebLink About932983 BOOK: 611 PAGE: 618 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE SNAKE RIVER JUNCTION COMMERCIAL AREA (SECOND FILING) 43) (;173 o¡ -/Ú-o'7 ¡:.. 5J f PI 14 -1.. d 000678 This Supplemental Declaration of Covenants, Conditions and Restrictions for the Snake River Junction Commercial Area, Second Filing (hereinafter "Commercial Area Supplemental Declaration") is made and executed effective the date of signature affixed hereto by Alpine Development Group, LLC, a Wyoming limited liability company ("Declarant"), pursuant to the provisions of that certain First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Snake River Junction Commercial Area, filed of record in the Office of the Lincoln County, Wyoming Clerk (hereinafter "the Commercial Area First Amended Declaration"). RECITALS: A. Alpine Development Group, LLC was the Declarant under the Commercial Area First Amended Declaration, and the owner who recorded that certain plat entitled "Snake River Junction First Filing" as Plat No. 294-A on December 15, 2006 in the office of the Lincoln County, Wyoming Clerk (hereinafter the "First Filing Plat"). Lots 1 through 6 identified on the First Filing Plat are existing Lots designated for non-residential commercial uses. B. Pursuant to Article II, Section I.B of the Commercial Area First Amended Declaration, Alpine Development Group, LLC reserved the right to create and bring additional commercial lots within and under the jurisdiction of the Snake River Junction Commercial Owners' Association ("the Association") by way of filing amendments to the First Filing Plat or by filing subsequent plats showing the location of additional lots intended for commercial uses, and by the recording of one or more Supplemental Declarations of Covenants Conditions and Restrictions stating that such additional lots will be conveyed and thenceforth used subject to the Commercial Area First Amended Declaration, all for the purpose of developing additional commercial lots in accord with a certain Master Development Plan for Snake River Junction approved by the Lincoln County Board of County Commissioners. C. Alpine Development Group, LLC owns real property in the vicinity of Lots I through 6, and intends to annex said real property to the Snake River Junction commercial area development, for the purpose of creating additional commercial lots as part of the greater Snake River Junction development described in the Master Development Plan for Snake River Junction approved by the Lincoln County Board of County Commissioners. NOW THEREFORE, in consideration of the foregoing recitals and the covenants contained in the Commercial Area First Amended Declaration, Alpine Development Group, LLC hereby exercises its rights under Article II, Section I.B of the Commercial Area First Amended Declaration, and hereby subjects Lots II through 22 (individually hereafter "Additional Commercial Lot") and all improvements to be located thereon, described in that certain plat entitled "Snake River Junction Second Filing" (hereinafter the "Second Filing Plat"), recorded in the Office of the Lincoln County, Wyoming Clerk to the tenns, conditions and restrictions of the Commercial Area First Amended Declaration, thereby making the Owners of each Additional Commercial Lot Members of the Association and making each such Additional Commercial Lot and any Common Areas or Common Elements associated therewith subject to the responsibility of the Association to provide services to all members of the Association, as more specifically provided in the Commercial Area First Amended Declaration. Upon recordation of this Commercial Area Supplemental Declaration and the Second Filing Plat, the Additional Commercial Lots shall be incorporated into the Snake River Junction commercial development, and Lots 1 through 6, and Lots 11 through 22 shown on the Second Filing Plat shall be subject to the Commercial Area First Amended Declaration, as amended hereby, as if the same were originally described as the Property in the Commercial Area First Amended Declaration. Notwithstanding anything in the Commercial Area First Amended Declaration to the contrary, Lots 11 through 22 shown on the Second Filing Plat shall be subject to the following additional provisions regarding Limited Common Expenses and Assessments for the costs of such Limited - 1 - Common Expenses, which following provisions shall be construed as supplemental to Article VI ("Assessments") in the Commercial Area First Amended Declaration with respect to said Lots II through 22 shown on the Second Filing Plat: Subparagraph (c) is hereby added to Article VI ("Assessments"), Section 2 ("Shares of Common Expenses"), to wit: (c) Cost of Construction and Maintenance of Common Access Drivewavs. For each pair of Lots II and 12, Lots 13 and 14, Lots 15 and 16, Lots 18 and 19, and Lots 20 and 21, the IS-foot wide Access and Utility Easement designated on the Second Filing Plat shall be considered Limited Common Areas benefiting each respective Lot pair, and shall be subject to the provisions of the Commercial Area First Amended Declaration and this Commercial Area Supplemental Declaration. Each such IS-foot wide common access driveway ("Common Access Driveway") designated on the Second Filing Plat shall be constructed pursuant to written Design Guidelines prescribed by the Association. The Association shall cause the Common Access Driveways to be constructed, and shall assess the respective Lot owners benefited by each such Access Driveway for the cost of such construction. The time that such Common Access Driveways shall be constructed shall be at the discretion of the Association. In lieu of directly contracting for construction of a Common Access Driveway itself, the Association may allow one or more of the Owners of Lots benefited by a Common Access Driveway to construct its Common Access Driveway, but such construction shall confonn to the written Design Guidelines prescribed by the Association, and as a condition of approval of such construction the Association may, in its sole discretion, require the said Lot Owner(s) to deposit with the Association, prior to commencement of construction activities, one or more surety instruments (e.g. performance bond, letter of credit, etc.) in a fonn satisfactory to the Association and in an amount not less than 125% of the estimated cost of construction of the Common Access Driveway, and naming the Association as beneficiary under such surety instruments, in order to guarantee the perfonnance of the said Lot Owner(s). Such surety shall be released by the Association upon the Association's inspection of completed construction and written approval delivered to the said Owner(s) that such construction confonns to the written Design Guidelines. In the event said Owner(s) fail to construct their Common Access Driveway in confonnance with the written Design Guidelines, the Association shall have the right, at the Association's sole discretion, to exercise its rights as beneficiary under such surety instrument(s) and use the proceeds therefrom to cause the Common Access Driveway to be constructed n confonnance with the written Design Guidelines. All maintenance of Common Access Driveways shall be perfonned by the Association, and the costs thereof . shall be assessed by the Association to the Lot owners benefited by each Common Access Driveway. Capitalized tenns not otherwise defined in this Commercial Area Supplemental Declaration shall have the meanings specified for such tenns in the Commercial Area First Amended Declaration. WITNESS my hand effective the day and year written above. Alpine Development Group, LLC a Wyoming limited' . 'ty company - 2- 000679 STATE OF &;i:i:Jæ/f/~19 ) Q~ . / _, A . ) ss. COUNTY OF ¿çi¥A/IJI(.sV~/.s,¿) ) On this 3/~·Jday of /7 t(~ · , 2002, the foregoing instrument was acknowledged before me by Brad Vernon, Manager of Alpine Development Group, LLC, under the authority and on behalf of said Alpine Development Group, LLC as that company's free act and deed. 000680 Given under my hand and seal the date first above written. ~/ Notary PublIc (Seal) My commission expires: /j..¡ ¡j. ~ð1 - 3 -