HomeMy WebLinkAbout933243
RECEIVED J07 at 5:00 PM
RECEIVING # 933243
BOOK: 672 PAGE: 685
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF
STONEFL Y RANCH, PHASE TWO SUBDIVISION
000685
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
day of ,2007 ("Declaration"), by Stonefly Properties, LLC, a Wyoming
limited liability company. hereinafter referred to as "Declarant", the Owner or beneficial owner
of all of the Lots of Stonefly Ranch, Phase Two Subdivision ("the Subdivision") in accordance
with Plat No. , filed for record in the Office of the Lincoln County Clerk in Lincoln
County, Wyoming, ("the Plat"), which shall hereinafter be referred to as the "Property". The
Property is of high scenic and natural value, and Declarant is adopting the following Covenants,
Conditions, and restrictions 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 Stonefly Ranch, Phase Two Subdivision
Property Owners Association and its successors and assigns.
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. "Common Areas" shall mean those areas designated as such on the Plat.
4. "Common Roads" shall mean the private roadways within the Property which
provide access to the individual lot lines.
000686
5. "Common Services" shall mean the maintenance and any snow removal services
for the Common Areas and Common Roads, and the utility line maintenance and repair services,
if any, for utility lines located in the rights-of-way of Common Roads.
6. "Declarant" shall mean and refer to Stonefly Properties, LLC, a Wyoming limited
liability company.
7. "Lot" shall mean and refer to any of the single family residential plots of land
described above and shown upon the Plat.
8. "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.
9. "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.
10. "Property" shall mean and refer to that certain real property known as the
Stonefly Ranch, Phase Two Subdivision, in accordance with the Plat, and such additions thereto
as many hereafter be brought within the jurisdiction of the Association.
11. "Structure" shall mean anything built or placed on the ground.
ARTICLE II - PROPERTY RIGHTS
1. Owners' Easement of Enioyment. Every Owner shall have the right and easement
of enjoyment in and to the Common Areas, and over the Common Roads, which shall be
appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
a. The right of the Association to charge reasonable assessments for the use and
maintenance of the Common Areas and Common Roads as hereinafter set forth.
b. The right of Association to establish rules and regulations, including speed limits,
for the use of Common Roads, and use of the Common Areas, and to impose reasonable
sanctions for the violations of the published rules and regulations.
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c. The right of Declarant and its successors, assigns and invitees to use of Common
Areas and Common Roads in perpetuity.
2. Delegation of the Association of Use. Any Owner may delegate, in accordance
with the Bylaws of the Association, his right of enjoyment to Common Areas only to the
members of his family, his tenants or contract purchasers who reside on the Property.
ARTICLE III - 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 fonnally established the Association,
either as a corporation, unincorporated association or other legal entity of their choosing. The
Lot Owners shall establish the Association when three (3) 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 that is subject to assessment.
If there is more than one person or entity owning a Lot, the vote of such Owner shall be cast as
detennined by the Owners of such Lot. If there is a dispute among Joint Owners of a Lot, the
Board shall have the right to disqualify the Lotfrom voting unless or until the joint owners of
such Lot reach agreement as to the Lot's vote.
2. Management of Association and Property. The management and maintenance of
the Property and the business, Property and affairs of the Association shall be managed by a
Board of Directors as provided in Wyoming Statutes, this Declaration, its organizational
documents and bylaws ("governing documents"). All Agreements and detenninations 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 tenn of a member
shall be three (3) years, except that the tenns of the members of the initial Board shall be one,
tow, and three years. Thereafter, all members shall serve for a tenn of three (3) years. The
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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
three (3) 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 and rules
governing the conduct of the Association shall be set forth as provided in Wyoming Statutes and
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 or any other person or entity 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.
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ARTICLE IV - COVENANT FOR MAINTENANCE ASSESSMENTS
1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any
Lot (with the exception of unsold Lots owned by Declarant) by acceptance of a deed therefore,
whether or not it shall be so expressed in such deed, is deemed to have consented to be subject
tot these covenants and agrees to pay the Association:
a. Annual assessment or charges; and
b. Special assessments for capital improvements, such as assessments to be
established and collected as hereinafter provided.
A general, continuing lien is hereby imposed on each Lot in the Subdivision for the
payment of annual and special assessments imposed on Lots according to this Declaration. In
connection with that general lien, all of the annual and special assessments, together with
interest, costs and reasonably 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 reasonably 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.
2. Purpose of Assessment. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety and welfare of the residents of the Property
and for the improvement and maintenance of the Common Areas and Common Roads, including,
but not limited to, 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 Common
Services and 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. 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 the purpose of defraying, in whole or part, the cost of
any construction, reconstruction, repair or replacement or a capital improvement including the
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C00690
Common Areas and Common Roads, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of at least seventy-five percent (75%) of
the members who are voting in person or by proxy at a meeting duly called for this purpose.
5. Notice and Quorum for Any Action Authorized under Sections 3 and 4. Written
notices of any meeting called for the purpose of taking any action authorized under Sections 3 or
4 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 ofmernbers·or
. of proxies entitles to cast sixty percent (60%) of all the votes of the membership shall constitute
a quorum lfthe required quorum is not present another meeting may be called subject to the
same notice requirernent, 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.
6. Unifonn Rate of Assessment. Both the annual and special assessments must be
fixed at a unifonn rate for all Lots and may be collected on a monthly or other periodic basis as
detennined by the Board. Lots owned by the Declarant shall not be assessed or required to pay
assessments of any kind.
7. Date ofComrnencement 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 month following the conveyance of the first Lot. The first annual assessment for lots
purchased tbereafter 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 dernand and for reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the assessments on a specified Lot
have been paid.
8. Effect of Non-Payment of Assessments: Remedies of the Association. Any
assessment not paid within (30) days after the due date shall bear interest at the rate of fifteen
percent (15%) per annum. The Association may bring an action of law against the Owner
personally obligated to pay the same, or foreclose the lien against the Property in the same
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0.00691.
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 by non-use of the Common Areas,
Common Roads, or abandonment of their Lot.
9. Priority of the Assessment Lien. Sale or transfer or any Lot or the recording of
any mortgage or other lien against any Lot shall not affect the priority of the assessment lien.
ARTICLE V - ARCHITECTURAL STANDARDS
1. Architectural/site Committee: Organization. There shall be a Architectural/site
Committee organized.
2. Initial Architectural/site Committee. The initial Architectural/site Committee
shall be Bradley S. Lowder and Jason S. Lowder until the Board has been organized and is
operating and in which case the Board shall constitute 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. 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: Meetings: 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 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.
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5. Architectural/site Committee Rules. The Architectural/site committe?r~~!:1l!~n:?
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. Liability. 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 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, (c) the development, or
manner of development, of any property within the Property, or (d) the execution and filing of a
certificate pursuant to Section 7 of Article IV of this Declaration, whether or not the facts therein
are correct, provided, however, that such member has, with the actual knowledge possessed by
him, acted in good faith. 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, drawing specifications, or any other
proposal submitted to the Architectural/site Committee.
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ARTICLE VI - DESIGN STANDARDS
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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 the current edition ofthe following uniform codes:
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. Design Character. All Structures, including, but not limited to, the principal
residence and approved accessory structures or 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 in colors that blend
into the natural environment and landscape of the area.
a. Exterior Materials will be a rough sawed natural wood, peeled log, stone, or
similar rough textured natural material. No aluminum siding, metal siding, vinyl siding, or
cinder blocks shall be used as exterior material without written approval. Roof materials shall be
cedar shake or shingle, slate, or ribbed metal or metal shingle roofing with a non reflective flat
color finish.
b. 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 Code.
c. Exterior Colors shall be earth tones or such other colors as are approved by the
Architectural/site Committee.
4. Building Design. The design of all buildings is subject to the following:
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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, or his guests and servants;
garage(s); a guest house for the use of guests and not for rent; storage building(s) to be used to
house vehicles, equipment or supplies; and barn(s) to be used to house horses. 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 1700
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 two 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. 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.
d. 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.
e. Setbacks shall not be less than thirty (30) feet from any side or rear boundary line
without prior Architectural/site Committee approval.
5. Site Design. Site design shall comply with the following requirements:
a. Fencing shall comply with the following requirements: only fences consisting of
wood posts with top rail spanning 3 posts and 2 high tensile wires below be allowed on the
Property; no barbed wire or two strand wire fences will be permitted except those already
established by adjacent landowners not in the Subdivision.
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.
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000695
c. Sanitary Facilities. Each sewage system is the responsibility of the individual
property owner and shall be installed at the expense of the individual property owner and shall be
constructed in confonnity with the laws of the State of Wyoming and Lincoln County, and no
privy, outside latrine, or other like facility shall be pennitted except during construction of a
principal residence in which case it is required by this Declaration to have such a facility. every
Owner shall refrain from causing any water pollution emanating from his Lot.
d. Domestic Water Supply is the responsibility of each Owner and shall be installed
at his expense. All arrangements and facilities providing domestic water shall confonn to all
laws and standards set by the State of Wyoming, its departments and political subdivisions.
e. All approaches from Lots to any common areas within the Subdivision shall
include installation of a culvert to accommodate any water runoff.
6. Construction. The exterior of any building must be completed within twelve (12)
months after the commencement of construction 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 buioding.
ARTICLE VII-LAND CLASSIFICATIONS, USES AND RESTRICTIVE COVENANTS
1. Land Classifications. All land within the Property has been classified into the
following areas:
a. Residential;
b. Common Roads; and
c. Common Areas
2. General Restrictions.
The following general restrictions shall apply to all land
regardless of classification:
a. 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
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000696
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, or his guests and servants;
garage(s); a guest house for the use of guests and not for rent; storage building(s) to be used to
house vehicles, equipment or supplies; and bam(s) to be used to house horses. 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 1700
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 two 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. 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.
d. 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.
e. Setbacks shall not be less than thirty (30) feet from any side or rear boundary line
without prior Architectural/site Committee approval.
5. Site Design. Site design shall comply with the following requirements:
a. Fencing shall comply with the following requirements: only fences consisting of
wood posts with top rail spanning 3 posts and 2 high tensile wires below be allowed on the
Property; no barbed wire or two strand wire fences will be permitted except those already
established by adjacent landowners not in the Subdivision.
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.
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c. Sanitary Facilities. Each sewage system is the responsibility of the individual
property owner and shall be installed at the expense of the individual property owner and shall be
constructed in conformity with the laws of the State of Wyoming and Lincoln County, and no
privy, outside latrine, or other like facility shall be permitted except during construction of a
principal residence in which case it is required by this Declaration to have such a facility. every
Owner shall refrain from causing any water pollution emanating from his Lot.
d. Domestic Water Supply is the responsibility of each Owner and shall be installed
at his expense. All arrangements and facilities providing domestic water shall conform to all
laws and standards set by the State of Wyoming, its departments and political subdivisions.
e. All approaches frorn Lots to any common areas within the Subdivision shall
include installation of a culvert to accommodate any water runoff.
6. Construction. The exterior of any building must be completed within twelve (12)
months after the commencement of construction 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 buioding.
ARTICLE VII - LAND CLASSIFICATIONS, USES AND RESTRICTIVE COVENANTS
1. Land Classifications. All land within the Property has been classified into the
following areas:
a. Residential;
b. Common Roads; and
c. Common Areas
2. General Restrictions.
The following general restrictions shall apply to all land
regardless of classification:
a. 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
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permitted to remain on any Structure, Lot or tract until the plans, specifications have been -
approved in writing and a building permit has been issued by the Architectural/site Committee.
Plans for buildings shall include scaled floor plans, exterior elevations indicating height, a list of
exterior materials and a site plan.
b. Two copies of any proposed plan 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.
3. Residential Area: Uses: Restrictions.
a. Each residential Lot shall be used exclusively for residential purposes, and no
more than one family (including its servants & transient guests shall occupy such residence;
provided, however, that nothing in this subparagraph (a) shall be deemed to prevent:
1. Construction of guest houses in accordance with this Declaration;
2. Any home-based business that may be approved by the Architectural/site
Committee, provided, that no commercial business shall be allowed;
3. 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;
4. Subject to the prior written approval of the Architectural/Site Committee,
the owner of two adjacent Lots from using one Lot as primary residence and using the other Lot
for an accessory building, such as a bam with an apartment for a caretaker. The accessory
building must match in style and color the primary residence. If the accessory building is
constructed first, then the primary residence, whether on that Lot or the adjacent Lot must match
in style and color the accessory building.
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 a
manner as not to create a fire hazard, all at such Owner's sole cost and expense.
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000659
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 the Lincoln
County fire regulations or during winter months.
d. No goats; pigs; llamas; turkeys, or any other domestic animals or fowl with the
exception of no more than four (4) chickens be maintained on any Lot and except further that
each Lot Owner may have up to ten (10) large domestic animals and not more than 2 sheep, and
2 cows. All Owners of horses shall maintain sufficient grass to pasture or graze their horses and
have no dirt pastures. Each Lot owner shall also be allowed to have not more than three (3) adult
dogs or other generally recognized house or yard pets; provided, however, that all animals shall
at all times be restrained and maintained on owner's Lot so as not to be or become a nuisance or
be allowed to run at large. To assist in restraining dogs, each Lot owner, subject to the prior
written approval of the Architectural/Site Committee, shall be authorized to construct a fenced
dog run and/or dog kennel on the Lot at a location, size, and constructed of materials approved
by the Committee.
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 unreasonably embarrassment, disturbance, or annoyance to other
Owners in the enjoyment oftheir 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 Subdivision are entitled to the reasonable enjoyment of its natural benefits
and surroundings.
g. No manufactured or modular house, house trailer, mobile home, shack or similar
facility or structure shall be kept, placed or maintained upon any Lot at any time. The phrase
"manufactured or modular house" means a house or other structure constructed at a location
other than on the Lot where it is to be located and then is moved in one or more pieces to the Lot.
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The tenns "house trailer" or "mobile home" as used herein includes but is not limited to any
building or structure with wheels and/or axles and any vehicles used at any time, or constructed
so as to pennit its being used for transport thereof upon the public streets or highways and
constructed so as to pennit 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 pennanently upon a foundation. However, owners may keep a motor home, camp
trailer or similar recreational vehicle on Lot so long as the vehicle is currently registered and not
used for residential purpose on the Lot.
h. No discharge of any fireanns in the Subdivision will be allowed. No hunting of
wildlife of any sort will be allowed within the confines of the Subdivision.
1. 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 ofthe collector. No
rubbish or debris of any kind shall be placed or pennitted 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. Owners shall not obstruct the Common Roads. No vehicles of any kind may be
parked or left standing in the Common Roads.
1. No mining or other mineral extraction or development activities shall be
pennitted on any Lot, including the removal of gravel; provided that excavation of gravel for
landscape purposes may be pennitted with the prior written approval of the Architectural/site
Committee.
14
ARTICLE VIII - GENERAL PROVISIONS
000701
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. No Lot may be divided or subdivided.
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 subdivision owned by the Owner; if to the Declarant, P.O. Box 463,
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.
4. General Maintenance. The maintenance, alteration, replacement and/or repair of
the Common Roads shall be the responsibility of the Board. The Board,. as part of its
responsibilities, shall maintain, repair and provide for snow removal and maintenance activities
on all roadways. The maintenance repair and replacement of all improvements on each Lot shall
be the responsibility of the Owner of such Lot.
15
ARTICLE IX - ENFORCEMENT, DURATION AND AMENDMENT 000702
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 in 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 in addition to any other
relief that rnay 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.
2. Duration of Restrictions. All of the covenants, conditions and restrictions set
forth in this Declaration shall 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
this Article, for a term of twenty (20) years, after which time they shall automatically be
extended for successive periods of twenty (20) years.
3. Amendment. This declaration may be amended during the first twenty (20) year
period by an instrument in writing signed by not less than ninety percent (90%) of the Lot
Owners, and thereafter by an instrument in writing signed by not less than seventy-five (75%) of
the Lot Owners, which amendment becomes effective when the instrument is recorded in the
office of the County Clerk of Lincoln County, WY. The Declarant shall have the right in their
sole discretion, during such time as Declarant owns not less than three (3) Lots, to amend or
modify this Declaration by an instrument in writing, and all Lots within the Subdivision
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, WY.
4. Annexation. Additional residential property or common area 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
16
000703
be and shall constitute a nuisance and may be abated by Declarant or its successors in interest,
the Association and/or by a 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 of reservations, or any part thereof, is invalid,
or for any reason be comes unenforceable, no other condition, covenant, or reservation, or any
part thereof shall be thereby affected or impaired; and the 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 ofthe Declarant, the Board of 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
assessrnent 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 of the Board of any provisions 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.
17
000704
IN WITNESS WHEREOF, Declarant has caused this Declaration to be duly executed as of .I if Ii-
day of S'€ f'{t I'r¡ ßfÝ\.
,2007.
Declarant:
STONEFL Y PROPERTIES, LLC, a Wyoming
limited liability company
c.:~:" ,.,:-;;::;>--~_/--~---
By./ ____
L~,/äradley
Its: Manager
STATE OF CAUP(lreNlA
COUNTY OF ~()Nn M þ.ç
)
)
)
ss.
The foregoing instrument was acknowledged before me by Bradley 1. Lowder, Manager
of Stone fly Properties, LLC, a Wyoming limited liability company, this ~day of
~E?T. , 2007.
Witness my hand and official seal.
My commission expires:
3-\\-\\
~~
aA
Notary P b 1c 1Uj
3742372JDOC
.. CommIH.on"., 173041.
j Notary Public . Calltornta I
I. ,Ionoma County ..
, ecmn.....11..11
- ~ u - _'u. _ ~.. J. 4 _ J. t..1J J.J
18