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HomeMy WebLinkAbout913703 51008 (01) Greys River Village Townhomes - ;,'.;";;;..::'~t¡;;,,' RECEIVED 11/15/2005 at 11 :24 AM RECEIVING # 913703 BOOK: 604 PAGE: 734 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY . DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS for GREYS RIVER VILLAGE TOWNHOMES in ALPINE, WYOMING ...... @\ r· !Ì n "., ... ~ ·1 "., '\,} \} , ,) (.. (Revision 2) November 14,2005 - - ..... r' !Ì n 'i ') r.; \., ',} \..' , ,_, v - Greys River Village Townhomes 1 2 2 2 2 2 3 4 4 4 4 4 Definitions Division of Property Common Elements Separate Assessment and Taxation Residential Usage Only Certain Additional Restrictions No Waiver Mechanic's Lien Maintenance Responsibilities Compliance Revocation or Amendment to Declaration Covenants to Run With Land Page INDEX " ,', ~.: .;.~.. .. - - 1 2 3 4 5 6 7 8 9 10 11 12 Section r- <') 1 ;-¡ ....'J·O· ""~ J,.¿ . -.J i' ~ ...... , . ' " ".;, ~.'. " . . ' ('¡ n t'1 (')(\ ,},.It,)Ü - <, <.~ ';1 #", '''''JO" ,.", (l_,i~".~ v '..j DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS for GREYS RIVER VILLAGE TOWNHOMES THIS DE CLARA TION is made by the undersigned Declarant for the purpose of defining the rights and obligations of ownership for the GREYS RIVER VILLAGE TOWNHOMES project (Lots 35 and 36) in Lincoln County, Wyoming. Recitals: a. The Declarant is the owner of the real property located in Lincoln County, Wyoming described as Lots 35 and 36 of the Greys River Village Third Addition to the Town of Alpine, Wyoming. b. The name by which this Property is to be identified is the "GREYS RIVER VILLAGE TOWNHOMES". c. The Declarant has constructed two townhomes and related improvements on the Property. d. The individual townhomes and related common areas will be owned, managed and maintained as provided herein. e. The Property is hereby made subject to the covenants, conditions and restrictions contained in this Declaration, all of which shall be enforceable equitable servitudes and shall run with the land. NOW, THEREFORE, the Declarant does hereby publish and declare that the following covenants, conditions, and restrictions shall be deemed to run with the land, shall be a burden and a benefit to the Declarant, and its successors and assigns. 1. Definitions. Unless the context shall expressly provide otherwise, "Unit" means an individual townhome unit or lot as shown on the recorded plat for this Project filed by Declarant, together with all fixtures and improvements. "Owner" shall mean the record owner, whether one or more persons and/or entities, of a fee simple title to each unit, including contract buyers of record but excluding mortgagees, contract sellers or others having such interest merely as security for the performance of an obligation. An "Owner" shall mean all of the owners of a particular unit collectively and shall Greys River Village Townhomes Page 1 of 5 - - - --""'l1lI Page 2 of 5 Greys River Village Townhomes a. Keeping Outside Areas Clean and Sightly. The owners shall not place or store anything within the common areas without the prior written consent of the other applicable unit owner except in a facility specifically designated or approved for their storage. All owners shall keep their residences and their units in a reasonably clean, safe, sightly and tidy condition. No clotheslines will be permitted. Any tires, lawnmowers, garden equipment, 6. Certain Additional Restrictions. The following additional restrictions are applicable to the units and common areas. Each reference to "owners" includes their tenants and invitees. 5. Residential Usaf!e Only. A unit may be used and occupied by the applicable owner, his or her family and their guests and invitees; provided, however, that such use and occupancy shall be limited to private, single family residential purposes only. The use of a unit for more than 30 days at a time by three or more unrelated individuals is prohibited. Any time-sharing or any other similar arrangement whereby the use of a unit is in effect allocated between different persons for separate time intervals, is expressly prohibited. No commercial, industrial or business use shall be permitted in any unit with the exception of an artist studio, workshop, private office and such other endeavors not requiring access to the unit by the general public, employees, independent contractors or business invitees in a manner which would adversely impact the neighborhood. 4. Separate Assessment and Taxation. Each unit and the undivided interest in the common elements appurtenant thereto shall be deemed a separate tax parcel and subject to separate assessment and taxation. 3. Common Elements. Each unit, the appurtenant undivided interest in the general common elements shall together compromise one townhome unit, shall be inseparable, and may be conveyed, leased, devised, or encumbered only as a townhome unit. The general common elements shall be owned in common by all of the applicable owners ofthe units and shall remain undivided, and no owner shall bring action for partition or division of the common elements. Nothing contained herein shall be construed as a limitation ofthe rights of partition of a unit between the owners thereof, but such partition shall not affect any other unit. Each owner may use the applicable general common elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other owners. 2. Division of Property. The property and the improvements located or to be located thereon have been platted for division into fee simple estates, each such estate consisting of the two separately designated units and the undivided percentage or fractional interest in and to the general common elements to each unit. Declarant reserves the right to amend the plat from time to time, to conform the same according to the actual location of any of the constructed improvements. "General common elements" consist of the common wall for the two units. be jointly regarded as a single Owner for purposes of this Declaration. (': I.... n tï ') ~7 \.' ....} \.! t ,__ ')'(""'~ ....,¡....jO' 3 ,j,L ßiL,~ , " ~ ,;>;,;1;,;" - - - ..... ,·'..·.;,,>.';:.;:i·,·, .'.~...~.:.~,~.~... " ¡ ì <"""¡ "'} ,.,.., .,-. ') 'C. ·J,iL,,~ ffU"-.! IÎ n ,., ". 0 , ~ \.; t ,~~ 0 childrens' toys and other similar items must be stored and appropriately screened from the public view when not in use. Refuse, garbage and trash shall be kept at all times in a covered container, and such covered container shall be screened from view at all times other than a specified regular time period for garbage pick -up. The parking of recreational vehicles, motor homes, trailers, camper bodies and inoperative vehicles is prohibited in outdoor parking areas. b. No Fireworks. The discharge of firearms, firecrackers or fireworks is forbidden. c. Signs. Without prior written consent of the other applicable unit owner, owners shall not permit any sign of any kind to be displayed to the public view from the unit. Said restrictions shall not apply to traffic signs, small for sale signs, unit designations, project designations or similar signs displayed by the other applicable unit owner. d. Animals. Any animals kept on the property at any time shall be restrained and controlled at all times so that they do not cause a nuisance to other unit owners. Occupants of a unit and the owners thereof shall be responsible for the immediate removal and sanitary disposal of "litter" left by their pets. e. Limitations on Certain Activities. Owners shall not permit any obnoxious or offensive activity or nuisance to be carried on in or around their unit. No light shall be emitted or reflected from any unit which is unreasonably bright or causes unreasonable glare for any adjacent owner. No unreasonably loud or annoying noises, or noxious or offensive odors, shall be emitted from any unit. f. Architectural Control. Except as otherwise expressly provided herein, no building, fence, wall, driveway, excavation or improvement of any kind shall be commenced, erected or maintained upon the property, nor shall any exterior addition to or change or alteration therein be made (including without limitation any closing in of a porch or balcony) by any owner other than Declarant during the initial construction period, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the other applicable unit owner, as to harmony of external design and location in relation to surrounding structures and topography, and in relationship to the quality and appearance of the project. Each unit may have a shed which matches the unit exterior, in compliance with applicable setbacks (but no bully barns or temporary storage sheds). 7. No Waiver. The omission or failure of any owner to enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations, or other provision of this Declaration, shall not constitute or be deemed a waiver, modification, or release thereof, and any owner shall have the right to enforce the same thereafter. Greys River Village Townhomes Page 3 of 5 - - - '-, ~ (\ "1·". 9 t,,} t) t' 1) '703 ¡f~'~' Greys River Village Townhomes Manager WESTERN LAND AND HOME LLC a Wyoming limited liability company BY:;?~~~~ M 1ager DECLARANT: IN WITNESS WHEREOF, this Declaration has been executed by the Declarant effective as of the date of recordation hereof. 12. Covenants to Run With Land. Each of the covenants of this Declaration shall run with the real property which is the subject of this Declaration, and each and every townhome and every interest therein or pertaining thereto, and shall bind Declarant, its successors, grantees and assigns, and all parties claiming by, through, or under Declarant. Each purchaser of any unit shall, by acceptance of the deed or other conveyance of any such unit, be conclusively deemed to have consented to and agreed to each and all of said covenants for such owner and his or her heirs, executors, administrators, successors and assigns, and does, by said acceptance, covenant for such owner and his or her heirs, executors, administrators, successors, and assigns, to observe, perform and be bound by each and all of said covenants. 11. Revocation or Amendment to Declaration. This Declaration shall not be revoked or amended unless all of the applicable owners unanimously consent and agree to such revocation or amendment by instrument duly recorded. 10. Compliance. Each owner shall comply strictly with the provisions ofthis Declaration. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all attorney's fees incurred in connection therewith, which action shall be maintainable by an aggrieved owner. 9. Maintenunce and Insurance Responsibilities. The maintenance and repair of a unit will be the responsibility of the applicable owner( s). An owner shall maintain and keep in good repair the exterior and the interior of their own unit, including the fixtures, window glass, doors, appliances and paint. If a unit is damaged by casualty, then the applicable owner will promptly reconstruct in a reasonable manner, including any necessary repair or reconstruction of the common wall. Each owner will maintain in effect their own casualty insurance policy for their own unit (fire and extended risk, with earthquake coverage). 8. Mechanic's Lien. Every owner agrees to indemnify and to hold each of the other owners harmless from any and all claims of mechanic's liens and all costs and expenses, including attorney's fees, due to such liens filed against other units and the general common elements for labor, materials, services, or other products incorporated in the owner's unit. - - - ...... ~ ~J03 !~I r"'\ t:'T;7 0 ',.,' t';'j ~ ,~ STATE OF WYOMING -r£ÎDN ) ) ss. ) COUNTY OF The foregoing instrument was acknowledged by :Jé f.-f.e ¡'vI [).1 ?Oh+ and , duly acting as Managers of Western Land and Home LLC, this NOVU·rdxr , 2005. Ç5'Ut day of WITNESS my hand and official seal. ---~ BECCA A BLOCK NOTARY PUBLIC COUNTy OF ~ STATE OF TETON ~ WYOMING MY COMMISSION EXPIRES JUNE 9, 2009 Pxlû/11{)I1J1L Notary Public (seal) c.:; My commission expires: Sl/IAAR 0f ;)0 () 7 Greys _ Townhomes - -