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HomeMy WebLinkAbout934009 ~ RECEIVED 10/12/2007 at 2:52 PM RECEIVING # 934009 BOOK: 675 PAGE: 392 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot or parcel, and shall also include contract purchasers and the Declarant, but shall exclude those having such interest merely as security for the performance of any obligation. Section 5. "Member" shall mean and refer to any person or entity that holds a membership in the Association by reason of purchasing or owning a portion of the property. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision plat map of the property. Section 3. "Common Area" shall mean all real property acquired and dedicated by the Association for the common use and enjoyment of its members, including structures or other improvements thereon, and any real property used for ingress and/or egress to the Property which has been dedicated to, but is not being maintained by the County of Lincoln, including Serenity Lane. Section 2. "Property" shall mean and refer to certain property described on Exhibit A (Plat Map) attached hereto and made a part thereof. Section 1. "Association" shall mean and refer to High Country Estates Home Owners Association, its successors and assigns. Article I Definitions WHEREAS, Declarant will convey the said property, subject to certain protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth. Now, therefore, Declarant hereby declares that all property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property and every part thereof. These easements, covenants, restrictions, and conditions shall run with the real property and shall be binding on all parties having or acquiring and right, title or interest in the described property or any part thereof. WHEREAS, the developer has incorporated a non-profit corporation known as the High Country Estates Home Owners Association, which will have the powers to maintain, administer and enforce the covenants, conditions and restrictions hereinafter created, and the owners of lots or parcels referred to herein may be assessed their financial share by said Association in the form of dues, fees, assessments, penalties and the like. WHEREAS, it is the desire and intention of the Declarant to impose upon the property mutual beneficial restrictions under a general plan of improvements for the benefit of all said lands, lots and the future owners of those said lands and lots. THIS DECLARATION is made September 15th, 2007, by CTR Enterprises, LLC, hereinafter referred to as "Declarant", the developer of the property described as the High Country Estates subdivision in the N1/2SE1/4NW1/4 and SE1/4SE1/4NW1/4 of Section 21, T34N, R118W located in north Bedford, Lincoln County, Wyoming, and which is referred to hereafter as "the properties" or "the lots" or "the subdivision". 000392 HIGH COUNTRY ESTA TES DECLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6010715490 - - j 2 -1- Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner or purchaser of any Lot or parcel shall be deemed to covenant and agree to pay to the Association (1) annual assessments or charges and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made when the Association causes to be recorded with the County Recorder of the County of Lincoln a notice of assessment stating the amount of such assessment and such other charges as herein below provided, a description of the property being assessed, and the name of the record Owner thereof, executed by a duly appointed authorized representative of the Association. Each such assessment, together with such interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the Owner or purchaser of such property at the time when the assessment fell due. The Developer shall not be liable for the payment of assessments relating to unsold Lots covered by these covenants and restrictions. Article V Covenants for Maintenance Assessments Section 1. Members Easements. Every Owner shall have the right and easement of ingress and/or egress along Serenity Lane appurtenant to the respective Lot or parcel for which each owner holds such interest and shall pass with the title to every assessed Lot or parcel. The Association has the right to dedicate or transfer all or any part of the easement along Serenity Lane to any public authority, agency or utility for improvements, maintenance or any other lawful purpose. Article IV Property Rights Section 1. The Association shall have one class of voting membership. All owners or purchasers of a Lot shall be entitled to one (1) total vote for each Lot or parcel in which they hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to anyone Lot. The developer shall be entitled to one vote for each Lot or parcel held for sale. The Association has the right to suspend voting rights and rights of a member to use Common Areas for any period during which assessments against his or her Lot or parcel remains due and/or unpaid. Article III Voting Rights Section 1. Every purchaser or owner of a Lot or parcel which is subject to assessment, as set forth in Article V herein, shall be a member of the Association. Membership shall be appurtenant to each lot or parcel and may not be separated from the interest of any owner in such Lot or parcel. Ownership of such interest shall be sole qualification for membership. Article " Membership 000393 Section 7. "Declarant" and "Developer" shall both mean and refer to CTR Enterprises, LLC and its successors and assigns, and shall also refer to the Developer if additional properties are annexed hereto by Developer, as hereinafter provided. - - - -., 000394 Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Members of the Association, and in particular for the improvement, snow removal and maintenance of the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, namely Serenity Lane. Section 3. Basis and Maximum of Annual Assessments. The maximum annual assessment shall be SIX HUNDRED DOLLARS ($ 600.00) per Lot or parcel. a) For the year 2007, the annual assessment of $ 600.00 will be prorated to each Lot and due by each Lot Owner, per Section 7. of this Article. b) Thereafter, the maximum annual assessment may be increased, after consideration of current maintenance costs and the future need of the Association, effective the next date assessments fall due, provided that any such change shall have the assent of two-thirds (2/3) of the votes of the Members, present in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days, nor more than sixty (60) days, in advance of the meeting, setting forth the purpose of the meeting. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying in whole or in part, the costs of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, namely Serenity Lane, and the necessary fixtures and personal property relating thereto; provided that any such change shall have the assent of two- thirds (2/3) of the votes of the Members, present in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days, nor more than sixty (60) days, in advance of the meeting, setting forth the purpose of the meeting. Section 5. Quorum for Any Action Authorized Under Sections 3 and 4. At any meeting called as provided in sections 3 and 4 hereof, the presence of the meeting of Members, or of proxies, entitled to cast sixty percent (60%) of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4, except that the required quorum at any preceding meeting and no such subsequent meeting shall be one-half (112) of the required quorum at the preceding meeting, and no such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots or parcels and may be collected on a convenient basis as determined by the Association. Section 7. Date of Commencement of Annual Assessments: Due Dates. Annual assessments will be collected twice a year, Fifty percent (50%) due January 1st and fifty percent (50%) due July 1st. The annual assessments provided for herein shall commence as to aU Lots or parcels on the first day of the month following the execution of a contract deed or the conveyance of a deed to the purchaser. The first annual assessment shall be adjusted according to the number of months remaining in the calendar or fiscal year. Written notice of the annual assessment period shall be sent to every Owner subject thereto at least annually. The due dates shall be established by the Association. The Association shall upon demand at any time furnish a certificate in writing, signed by an officer of the Association or a duly authorized agent, setting forth whether the assessments on a specific Lot or parcel have been paid. A reasonable charge may be made by the Association for the issuance of the certificates. Such certificates shall be conclusive evidence of payment at any assessment therein states to have been made. / -- 3 - - - ~ 4 / -- Section 2. Exterior material shall be rough sawn natural wood, peeled log, stone, exposed aggregate concrete, stucco, or similar rough textured material. Other acceptable exterior material would include vinyl siding, steel siding or Hardy Board siding with wood grain texture. Roof material shall be cedar shake, shingle or high quality composite shingle. High quality membrane or ribbed metal roofing of flat colored finish shall also be allowed. Section 3. Campers, 5th wheels and motor homes are allowed on all Lots, and may be used as a primary living quarter only during construction of the primary residence. No modular or manufactured homes allowed. No unusual construction or house design, such as round or other unusual shapes. No portable buildings. No house trailers, mobile homes, or similar facility or structure shall be kept, placed, or maintained upon any Lot or parcel at any time. The terms "house trailers" and "mobile homes" as used 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 Section 1. Primary residential structures on less than 4 acres must have floor area or footprint of at least 1400 square feet, and primary residential structures on greater than 4 acres must have floor area or footprint of at least 2000 square feet, not including open porches, patios, and garages. All houses shall not have roof pitches less than 5/12 and all shed or out buildings no less than 4/12 pitch roofs. All primary residences must have at least a double car garage, attached or detached, with a minimum square footage of 400 square feet. All homes must be completed within 2 years after beginning construction. The Lots of High Country Estates subdivision shall be used solely for private, single- family residential purposes with a single family dwelling to be occupied by the owner, a lessee, guests and/or servants. Each single-family dwelling is required to have at least a 2-car garage. Each Lot or parcel may also have constructed a guesthouse for the use of guests and not for rent, storage building(s) to be used to house vehicles, supplies, equipment and the like, greenhouses and/or barns. In addition, said Lots shall be subject to the following restrictions: Article VII ARCHITECTUAl CONTROL AND USE RESTRICTIONS Section 1. Additional properties in Lincoln County, Wyoming may be annexed hereto by the Developer, CTR Enterprises, LLC. or its successors, and said properties may be annexed to the property without the assent of the Association Members, and may be annexed subject to conditions, covenants, and restriction different from those contained herein. The owners of said additional parcels or improvements shall also be members of High Country Estates Home Owners Association. Article VI ANNEXATION OF ADDITIONAL PROPERTIES Section 8. Effect of Non-payment of Assessments; Remedies of the Association. Any assessments which are not paid within thirty (30) days after the due date shall bare interest from the date of delinquency at the maximum allowable rate per annum, and the Association may bring legal action against the Owner personally obligated to pay the same or foreclose the lien against the Lot or parcel for which the assessments are past due. Interests, costs and reasonable attorney's fees of any such action shall be added to the amount of any such assessments. Such foreclosure will be by appropriate action in court, or in the manner provided by law for the foreclosure of a trust deed or mortgage as set forth in the laws of the state of Wyoming, as the same may be amended. In the event the foreclosure under power of sale, the Association shall be entitled to actual expenses and such fees as may be allowed by law or as may be prevailing at the time sale is conducted. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area, including Serenity Lane, or abandonment of the Lot or parcel. - 000395 - - ~ 000396 permit its being used for the transport thereof upon the public streets or highways and constructed in a manner as to permit occupancy thereof as a dwelling or sleeping place for one or more persons, and shall also mean any such building, structure or vehicle, whether or not wheels and/or axles have been removed, after such building, structure or vehicle has been placed either temporarily or permanently upon a foundation. Section 4. Buildings shall not be located on any Lot nearer than thirty-five (35) feet to any lot line. For the purpose of this covenant, eaves, steps, and open porches shall be considered as part of the building for the purpose of determining such distances. Section 5. A derrick or other structures designed for use in boring, mining, or quarrying for water, oil, or natural gas, or precious mineral shall not be maintained or permitted on any Lot or parcel. No oil drilling, development, operations, refining, quarrying, or mining operations shall be permitted on any Lot or parcel at any time. Section 6. No mercantile, manufacturing, mechanical, or trade business, or business establishment of a similar nature shall be maintained on said land. Lot Owners must not keep or maintain any large equipment or vehicles used for vocation or private business on said Lots. Section 7. Horses can be kept on the Lots of High Country Estates provided that numbers do not exceed 4 horses on Lots less than 4 acres with a maximum of six horses on any Lot. When three (3) or more horses exist on any given Lot, a fenced area of 144 square feet per animal is required for feeding, thus preserving the rest for grazing areas. Dogs, cats and other household pets may be kept, provided they are not kept, boarded, bred or maintained for any commercial or business purposes. Household animals must be kept on owner's property and properly leashed. Provided they are not kept, bred or maintained for any commercial purposes a maximum of two (2) of any combination of the following animals may be kept on any Lot or parcel: goats, sheep, and or cattle. No other livestock animals of any kind shall be allowed on any Lot. Any and all animals kept or maintained on any Lot must comply with local, county, state and federal laws. Section 8. No noxious or offensive activity shall be carried on upon any Lot or parcel, nor shall anything be done thereon that may be or may become an annoyance or nuisance to the neighborhood. Section 9. Lot Owner's shall have one (1) year from the date of commencement to complete any building, structure, fence or wall, pursuing completion of such with reasonable diligence, other than the primary residence as described in Section 1. of this Article. Section 10. Inoperative vehicle(s), including but not limited to cars, trucks, vans, SUVs, motorcycles, A TVs, snowmobiles and the like, shall not be kept on a Lot or parcel for more than thirty (30) days unless it is parked inside an enclosed building. Section 11. No sign or billboard of any character shall be erected, posted, displayed, or maintained upon or about any Lot or parcel. Exceptions would include a wooden residential identification sign, and/or a "For Sale" sign, and/or a Builder or Contractor sign. No signs will exceed three (3) square feet and must be professionally produced. No hand painted signs. Section 12. All garbage and trash shall be placed and kept in covered containers which shall be maintained so as not to be visible from a neighboring property. Each owner shall provide for the collection and disposal of garbage and trash at appropriate intervals. The cost of garbage and 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 or parcel. / -- 5 - - - ~ 6 / -- Section 2. Violation Constitutes Nuisance. Every act or omission whereby any restriction, condition, or covenant in this Declaration set forth is violated in whole or in part is declared to be Section 1. Enforcement. Each and all of said conditions, covenants, and reservations is and are for the benefit of each Owner of land or any interest therein in North Forty Subdivision, and each thereof shall inure to and pass with each and every Lot or parcel and shall apply to and bind the respective successors I interest. Each grantee of a deed to any Lot or portion of a Lot or parcel shall be deemed to have been taken ownership subject to the declarations and covenants contained herein. 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 hereinafter imposed by the provisions of this Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereafter. A breech of any restriction, condition, or covenant may be enjoyed, abated, or remedy by appropriate proceedings. No such breech shall effect or impair the lien of any bonified mortgage or deed of trust which shall have been given in good faith and for value; provided however, that any subsequent Owner of said properties shall be bound by the said conditions and covenants, whether obtained by foreclosure or at a trustee sale or otherwise. Article VIII GENERAL PROVISIONS Section 17. Section 16. Access to individual Lots or parcels is only permitted on and through Serenity Lane, only gaining access to individual Lots where ones boundary line(s) takes into account the easement along Serenity Lane. No additional easements for ingress and/or egress along Serenity Lane, and/or through any Lot or parcel may be granted, conveyed or in any way implied to anyone, except it be approved by a 2/3 vote by the High Country Estates Home Owners Association and with the consent of the Declarant its successors or assigns. The Association is entitled to any and all financial compensation, and may enforce specific conditions, restrictions and demands they determine to be reasonable for the approval of granting easement. In addition, the Declarant, and its successors or assigns, is entitled to any and all financial compensation, and may enforce specific conditions, restrictions and demands it determines to be reasonable for the approval of granting easement. Section 15. All buildings must comply with any and all State of Wyoming, and Lincoln County Building Codes. Section 14. Landscaping shall be neat and attractive and noxious weeds controlled. Each residential Lot and parcel with any and all improvements located thereon shall be maintained by the Owner thereof in good condition and repair, and/or in such a manner as not to create a hazard, all at such Owner's expense. 000397 Section 13. All fences shall be of wooden post or decorative stone post construction, with wooden pickets, wooden rails or a high tensile wire. All wood fence materials should have a natural tone, stain or finish, or be pressure treated. No buck rail, vinyl, barbed wire or chain linked fences shall be permitted. Dog runs are permitted of a chain link construction provided they do not exceed 120 square feet, and are placed out of the view of neighboring Lots. Metal stock panels may be used for corrals. No fence or wall may exceed six (6) feet in height. All existing fence on the property found to be contrary to this description, will be allowed. However, any and all improvements, repairs, replacement and/or reconstruction concerning the existing fence, must be done in compliance with this section as described above. - - - -., and shall constitute a nuisance and may be abated by Declarant, or its successors in interest and or by any Lot Owner, and such remedies shall be deemed cumulative and not exclusive. Section 3. Severability. Invalidation of anyone of these covenants or restrictions by judgement or court order shall in no way affect any other provisions, which shall remain in full force and effect. 000398 Section 4. Duration of Restrictions. All of the conditions, covenants, and reservations set forth herein shall continue and remain in full force and effect at all times against said Property and the owners thereof, subject to the right if change or modification hereinafter provided. The Home Owners and Declarant can by at least a two-thirds (2/3) majority vote of membership change, add or modify Covenants, Conditions, Restriction at the beginning of each calendar year and can put into policy within 120 days of approval. In the event that a change in the CCR's brings any Lot or Lot Owner out of compliance, where he or she was not in violation prior to the new policy, that Lot Owner will not be found in Breech of this contract. However, concerning the specific CCR in non- compliance, any improvements, repairs, replacement, and/or reconstruction must be done in a manner such as to bring that Lot and the Lot Owner into compliance. Nothing contained herein shall preclude the developer from annexing additional property subject to covenant, conditions and restrictions different from those contained herein. The owners of Lots or parcels of said property shall be members of High Country Estates Home Owners Association. In witn~ whereof, the u(')ersf!¿ed, being the Declarant herein, has hereunto set its hand this day of (' ~ pey ,2007. E. Boone Hodges, President By I accept these CC&R's. (Lot Owner) Acknowledge and Signed: Dated: I accept these CC&R's. (Lot Owner) Acknowledge and Signed: Dated: Witnessed By: Signed Witness: / -- 7 - - - ~ -1- 8 PAMELA J. CLEMENT. NOTARY PUBLIC County or ~. State or Lincoln ~~ WYOming My Commission E~¡rns -tl.:.i.[. 20 I 0 \\.' \'ß. 2-C)lO My Commission Expires: '?o--v~ ~~ NOTARY P BLlC Given under my hand and notarial seal the day and year first above written in this certificate. On this C\~ day of 0 c..--(D b..P-T ,2007, before me personally appeared Eric Boone Hodges, who, being by me duly sworn, did say that he is the President of CTR Enterprises, LLC, a Wyoming limited liability corporation, described in and which executed the foregoing instrument; that said instrument was signed by authority in behalf of said corporation; and said Eric Boone Hodges acknowledged said instrument to be the free act and deed of said corporation. - 000399 - -