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DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF
SUTER'S CANYON SUBDIVISION
·000'108
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 7th day of September, 2007 ("Declaration"), by Aspen Hills Development, a
Wyoming corporation, hereinafter referred to as "Declarant", the Owner or beneficial owner of
Lots 1 through 20, of Suter's Canyon Subdivision ("the Subdivision") in accordance with the plat
to be 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 adopts 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 bihding 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 ány part thereof.
ARTICLE I - DEFINITITIONS
1. "Association" shall mean and refer to the Suter's Canyon 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 the private roadways within the Property which
provide access to individual Lot lines from Lincoln County Road No. 12-127, as designated on
the Plat, and any and all improvements associated therewith.
4. "Common Services" shall mean the maintenance and any snow removal services
for the Common Areas, utility line maintenance and repair services, if any, for utility lines
located in the rights-of-way of such roads.
5. "Declarant" shall mean and refer to Aspen Hills Development
RECEIVED 10/19/2007 at 11 :52 AM
RECEIVING # 934194
BOOK: 676 PAGE: 108
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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··0001.09
6. "Lot" shall mean and refer to any of the single family residential plots of land
described above and shown upon that certain recorded subdivision plat of the Property filed by
the Declarant in the Office of Lincoln County Clerk.
7. "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.
8. "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.
9. "Property" shall mean and refer to that certain real property known as the Suter's
Canyon Subdivision, 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. , and such additions thereto
as may hereafter be brought within the jurisdiction of the Association.
10. "Structure" shall mean anything built or placed on the ground, excluding fences.
ARTICLE II PROPERTY RIGHTS
1. Owners' Easements of Eniovment. Every Owner shall have the right and
easement of enjoyment in and to the Common Areas, 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, charges and
user fees for the use and maintenance of the Common Areas as hereinafter
set forth.
b. The right of the Association to establish rules and regulations, including
speed limits, for the use of the Common Areas and to impose reasonable
sanctions for the violations of the published rules and regulations.
c. The right of Declarant and their heirs, successors, assigns and invitees to
use of the Common Areas in perpetuity.
2. Deleaation of Use of Common Areas. 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.
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ARTICLE III
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
000110'
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 11 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.
2. Manaaement of Association and Propertv. 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 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 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 11 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. Authoritv and Duties. The duties and obligations of the Board 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 Liabilitv 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:
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'0001.1.1. .
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 IV
COVENANT FOR MAINTENANCE ASSESSMENTS
1. Creation of the Lien and Personal OblilJation 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:
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 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,
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 and for the improvement and maintenance of the Common Areas, to include road
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maintenance, Association employees' wages, mailing costs and other relc¡¡ted expenses
incurred on behalf of the Association. ·0001.12·
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 Common Areas and shared access road, including fixtures and personal property related
thereto, provided that any such assessment shall have the assent of at least seventy per cent
(70%) 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 of members
or of proxies entitles 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.
6. Uniform Rate of Assessment. Except for lots owned by Declarant, both the
annual and special 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.
7. 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 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,
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furnish a certificate signed by an officer of the Association setting forth yvhether the
assessments on a specified Lot have been paid. 000113
8. 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
eighteen percent (18%) 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 by non-use of the
Common Areas or abandonment of his Lot.
9. 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 V - ARCHITECTURAL STANDARDS
1. Architectural/site Committee: Oraanization. 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 Lynette Sharpe and William T. Sharpe.
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: Meetinas: 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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000114
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 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 above, of this Article, 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, drawings specifications, or any
other proposal submitted to the Architectural/site Committee.
ARTICLE VI- 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 the current edition of the following uniform codes:
a. Uniform Building Code;
b. International Conference of Building Officials;
c. National Plumbing Code;
d. National Electrical Code; and
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e. National Fire Protective Association International. 000115
3. Desian 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 in colors that blend into the
natural environment and landscape of the area.
a. Exterior materials will be of rough sawed natural wood, peeled log, stone,
fiber cement siding, or similar rough textured natural or "wood-like" material.
No aluminum siding, metal siding, vinyl siding, or cinder blocks shall be used
as exterior material without written approval except that metal soffet and
facia may be used. Roof materials shall be cedar shake or shingle, slate,
heavy architectural composition shingle, 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 Codes.
c. Exterior colors shall be earth tones or such other colors as are approved by
the Architectural/site Committee.
4. 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, storage building 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
2,000 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 either an attached or detached
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.
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d. Roofs shall have a minimum pitch of six feet in twelve feet. All primary roofs
shall have a minimum overhang of eighteen inches. Solar collectors shall not
be considered roofs. No unpainted metal roofs shall be allowed. 00011.6
e. 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.
f. Setbacks shall not be less than thirty (30) feet from any side or rear boundary
line without prior Architectural/site Committee approval.
5. Site Desi!::m. Site design shall comply with the following requirements:
a. Each Lot Owner is responsible to maintain in good repair any fence that is on
the perimeter of the Subdivision. New fencing on any lot must be 4 rail buck
fence matching the existing fence already in place. No barbed wire or other
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.
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 or pollution
emanating from his Lot.
d. Domestic water supply shall be 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.
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
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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.
ARTICLE VII
LAND CLASSIFICATIONS, USES AND RESTRICTIVE COVENANTS
000117
1. Land Classifications. All land within the Property has been classified into the
following areas:
a. Residential; and
b. 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 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 building permit has been issued by the
Architectural/site Committee. 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.
b. Two copies of any proposed plans and related data shall be furnished to the
Architectural/site Committee, one of which may be retained 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 and 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;
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(2) Any home-based business that may be approved by the
Architectural/site Committee; provided, that no commercial business
shall be allowed; 0001.1.8
(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.
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. Each Lot Owner shall control and prevent
the growth of noxious weeds including leafy spurge, Dyers woad, thistle,
Black henbane, etc. All slopes or terraces on any Lot shall be maintained to
prevent any erosion upon adjacent roads or Lots. Disturbed soil surfaces
shall be re-seeded with native vegetation.
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 pigs, swine, goats, sheep, turkeys, chickens or any other domestic
animals or fowl shall be maintained on any Lot other than not more than 6
horses, 1 cow, 1 goat, 1 sheep, and 6 chickens, and all Owners of livestock
must maintain sufficient grass to pasture or graze their animals and have no
dirt pastures, and not more than two adult dogs or cats or other generally
recognized house or yard pets; provided, however, that all animals shall at all
times be restrained or leashed and maintained on Owner's lot so as not to be
or become a nuisance or be allowed to run at large, Barking dogs
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
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0001.1.9
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 Subdivision, are entitled to the
reasonable enjoyment of its natural benefits and surroundings.
g. No manufactured or modular houses, 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. The terms
"house trailer" or "mobile home" as uSE!d herein includes but is 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, structyre 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. Each Lot Owner shall be responsible to pay annual assessments for
Common Services in conjunction with all other Lot Owners as set forth
herein. Bushes, shrubs, weeds and all other vegetation shall be cleared and
large trees pruned within the road rights-of-way to improve visibility, with
related costs being common costs. Such annual assessments shall not
exceed $500.00 per Lot until January 1, 2009. After that date the amount of
the annual assessment may be modified by the Association from time to time
as determined by the Board. The Association may also impose special
assessments in accordance with this Declaration.
i. No discharge of any firearms or fireworks of any kind in the Subdivision will
be allowed. No hunting of wildlife of any sort will be allowed within the
confines of the Subdivision.
j. No inoperative vehicle shall be kept on the premises for more than thirty (30)
days unless parked in an enclosed building.
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0001.20
k, 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. Except as otherwise
allowed herein, no rubbish, trash, papers, junk, or debris shall be burned
upon any Lot at any time, 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.
I. Owners shall not obstruct the Common Areas. No vehicles of any kind may
be parked or left standing in the Common Areas.
ARTICLE VIII - 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. 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. Condemnation of Common Area. If at any time, or from time to time, all or any
portion of Common Areas, or any interest therein, shall be taken for any public or quasi-public
use, under any statue, by right of eminent domain or by private purchase in lieu of eminent
domain, the entire award in condemnation shall be paid to the Association and deposited into
either the operating fund or the development fund as the Association may, in its sole discretion,
determine. No Owner shall be entitled to any portion of such award and no Owner shall be
entitled to participate as a party, or otherwise, in any proceeding relating to such condemnation,
such right or participation being herein reserved exclusively to the Association which shall, in its
name alone, represent the interests of all Owners; provided, however, that the portion of any
award relating to improvements which constitutes a private recreation facility shall be divided
equally among the Owners who, at the time of such taking, are permitted users of such facility.
4. 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
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00012j.
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, at c/o
Lynette Sharpe, 2056 County Road 123, Bedford, WY 83112; 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.
5. General Maintenance. The maintenance, alteration, replacement and/or repair
of the Common Areas 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.
ARTICLE IX
ENFORCEMENT, DURATION AND AMENDMENT
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 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, for a term of twenty (20) years, after which time they shall automatically be
extended for successive periods of twenty (20) years.
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000122
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 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 eleven
(11) 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
amendment shall be duly executed by the Declarant and is effective when recorded in the
Office of the County Clerk of Lincoln County, Wyoming.
4. Annexation. Additional residential property or common area may be annexed to
the Property by Declarant at any time until Declarant has sold all of the Lots, 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 Validitv 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 becomes unenforceable, no other condition, covenant, or reservation,
or any part thereof shall be thereby affected or impaired; and the Declarant, grantor and
grantee, 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
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be deemed to have been made unless expressed in writing and duly signed by or on behalf of
the Board. 0001.23
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.
Aspen Hills Development,
a Wyoming Corporation
By
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by Lynette Sharpe as president
of Aspen Hills Development, who duly acknowledged such signature to be the free act and
deed of said corporation and duly approved by its board of directors, this 18th day of October,
2007.
Witness my hand and official seal.
GERALD L. GOULDING· NOTARY PUBLIC
(I)
County of
Lincoln
Slale of
Wyoming
j¡JM1ç¡ ~ ~
NOTARY PUBLIC
My Commission Expires May 2. 2011
My commission expires: May 2, 2011.
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