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HomeMy WebLinkAbout936701 PROTECTIVE COVENANTS. CONDmONS MID 000584 RESTRICTIONS FOR COTTONWOOD CREEK SUBDMSION WHEREAS K&K Development, LLC is the owner of Cottonwood Creek Subdivision, a duly platted subdivision located in Lincoln County, Wyoming, the perimeter boundaries of which are described on the plat map recorded August 17, 2007 in Lincoln County, Wyoming and by this reference made a part hereof; and WHEREAS K&K Development, LLC (hereafter "Declarant") desires to place certain covenants and restrictions on said subdivision for the benefit and protection of the Declarant as well as those purchasing lots in Cottonwood Creek Subdivision; and WHEREAS the Declarant intends that this instrument shall define the covenants and restrictions on Cottonwood Creek Subdivision and, after recording in the office of the Lincoln County, Wyoming, Clerk and Ex-Officio Register of Deeds, this instrument shall provide record notice of said covenants and restrictions to all subsequent purchasers of lots within the Cottonwood Creek Subdivision. NOW, THEREFORE, KNOW ALL MENT BY THESE PRESENTS that all lots in the Cottonwood Creek Subdivision are subject to the following covenants, restrictions and conditions: I. DECLARATION Declarant hereby declares that all lots in the Cottonwood Creek Subdivision shall be owned, sold, conveyed, encumbered, leased, used, occupied and developed subject to the protective covenants, conditions, restrictions and easements hereafter set forth. These covenants shall run with the property and parties having any legal or equitable interest in the property; and shall inure to the benefit of every owner of any part of the property. n. DEFINITIONS The following terms and phrases used in these Covenants shall be defined as follows: A. Association. Association shall mean the Cottonwood Creek Subdivision Homeowners Association, its successors and assigns. B. Board. Board shall mean the Board of Directors of the Cottonwood Creek Subdivision Homeowners Association. C. Building Restrictions. No Buildings or structures shall be permitted within 100 feet oflot fence lines. RECEIVED 2/4/2008 at 2:46 PM RECEIVING # 936701 BOOK: 685 PAGE: 584 JEANNE WAGNER 1 LINCOLN COUNTY CLERK, KEMMERER, WY , olL D. Covenants shall mean these protective Covenants, Conditions, and Restrictions for Cottonwood Creek Subdivision. E. Declarant. Declarant shall mean K&K Development, LLC. 000585 F. Developer. Developer shall mean K&K Development, LLC or successors or assigns to whom K&K Development, LLC transfers or conveys lots in the property for the specific purpose of resale. G. Front Portion. Front Portion shall mean that portion of a lot in Cottonwood Creek Subdivision between the ITont of a house and the adjoining road. H. Lot. Lot shall mean a discreet, numbered, subdivided parcel of property as Depicted on the Master Plan or Final Plat of the Cottonwood Creek Subdivision, as recorded in the office of the County Clerk of Lincoln County, Wyoming. A simple, minor and major phase will be included in the final plat of Cottonwood Creek Subdivision. Lots can not be split. 1. Member. Member shall mean any person or other legal entity that belongs to the Association. 1. Owner. Owner shall mean the recorded owner or contract purchaser of an Interest in a lot, and does not include those having an interest in any lot as security for the performance of an obligation. K. Property. Property shall mean the real property described in the Master Copy or Final Plat of the Cottonwood Creek Subdivision as recorded in the Office of the County Clerk of Lincoln County, Wyoming. m. COTTONWOOD CREEK SUBDIVISION HOMEOWNERS ASSOCIATION A. Membership. Every owner of an interest in a lot shall be a member of the Association. Membership in the Association shall be appurtenant to each Lot, and shall not be subject to severance ftom the ownership of such lot. B. Member Annual Meetings. The members of Cottonwood Creek Subdivision Homeowners Association shall meet annually during the month of April at a time and place to be detennined and announced by the then serving president of the Association. The purpose of said annual meeting shall be to elect directors to fill vacancies as then exist on the board of directors. C. Member Quorum and Voting Requirements. Regardless of the number of members of the Cottonwood Creek Subdivision Homeowners Association, voting at member meetings shall be done by lot, with each entitled to 2 000586 one vote regardless of the number of individuals who may own an interest in the lot. There shall be no quorum requirements for the membership meetings and the affirmative vote of more than half of the lots represented at the meeting shall be the act of the Cottonwood Creek Subdivision Homeowners Association. Lots approved on Mater Plan, though not being On Final Plat shall be entitled to 1 (one) vote per lot. D. Directors. The Board of Directors of the association shall be elected by the members as above provided. The Board of Directors shall consist of three individuals. With the exception of the initial directors, all directors shall be members of the Cottonwood Creed Subdivision Homeowners Association. Except for the initial directors, individuals who are not members shall not be eligible for election to the Board of Directors. E. Directors Annual Meeting. The Board of Directors of Cottonwood Creek Subdivision Homeowners Association shall meet annually on the same day at the same location as the members, the Board of Directors meeting to immediately follow the member meeting. F. Director Quorum and Voting Requirements. Two or more directors shall constitute a quorum for purposes of Board of Directors meeting and a vote of the majority of the directors shall be the act of the Board of Directors. G. Officers. Officers of the Board of Directors shall also be the officers of the association. Officers shall be elected by the Board of Directors at the Board's annual meeting and shall serve a term of one year, until the Board's next annual meeting. Interim vacancies shall be filled the Board. Officers shall be as follows: 1. President. The president shall preside at member and director meetings and shall have the powers and duties customarily attendant to those of the chief executive officer of a corporation. 2. Secretary. The secretary shall take, keep and maintain minutes of the meetings of members and directors; shall give notice of special meetings of the directors; and generally shall keep and maintain all books and records of the Association and the directors except financial books and records. 3. Treasurer. The treasurer shall notify members of the amount of and due date of annual assessments; collect and deposit said assessments; account for all funds received and disbursed; disburse funds as ordered by the Board; and generally manage the financial affairs of the Association. 3 H. Initial Board of Directors. The initial Board of Directors shall consist of Kelly Walker and Kyle Walker, owners ofK&K Development LLC, and shall serve until there are three other owners in the subdivision. 000587 I. Directors' Terms. Except as provided to the contrary in Paragraph H above all directors shall serve two terms. 1. Regular Meetings of Directors. In addition to the annual directors meetings, as above provided, the directors shall also meet as often as necessary to carry on the business of the Board in a timely manner. The Board of Directors may adopt a regular meeting schedule by resolution. Otherwise, meetings shall be called by the President, who shall provide at least seven (7) days notice of the time and place of all meetings. Meetings also may be called in the same manner by two or more directors. K. Board Duties. I. The Board of Directors shall formulate such bylaws for operation and procedural resolutions for operation as are necessary or desirable to carry out the general intentions and instructions provided by these covenants. 2. The Board of Directors shall monitor and enforce compliance by owners with these covenants. Regarding monitoring and enforcing compliance, the Declarant draws the attention of all owners, members and prospective members to the fact that no assessment will be made against property or members by the association for any purpose other than repair and maintenance of Pack string Road. Therefore the Board of Directors will have no budget for conducting the business of monitoring and enforcing these covenants. . Enforcement actions shall be taken as follows: a. When the Board of Directors becomes aware of an actual or potential violation or breach of these covenants the Board of Directors shall notify in writing the owner(s) of the lot on which the actual or potential violations are occurring. b. If the owner(s) disagrees with the Board of Directors' conclusion that an actual or potential violation or breach of the covenants has or will occur the owner may request a meeting with the Board of Directors to discuss and resolve the matter. When a meeting is requested it shall be scheduled by the President of the Board of Directors at the earliest convenient time for the Board and the owner. c. If the owner does not request a meeting, or if a meeting is held but the owner does not thereafter cure any violation or cease a course of conduct that is or may result in a violation 4 000588 then the Board of Directors, or any of its members, or an other member of the Cottonwood Creek Subdivision Homeowners Association, may enforce these covenants, conditions, and restrictions by court action, employing any and all available legal and equitable remedies. d. Attorney fees and costs incurred in enforcing these covenants, conditions, and restrictions shall initially be born by the party or parties who bring the enforcement action. However, if any relief sought in an enforcement action is granted to the party or parties who initiated the action then judgment for all costs and attorney fees incurred in the shall be entered against the party who failed to abide by these covenants, conditions, and restrictions. Further, said judgment shall be a lien on the lot or 109ts where the noncompliance occurred, regardless of record ownership of said lot or lots. If it becomes necessary to enforce the lien, enforcement shall be done in the same manner as enforcement of a judgment lien and the amount of the attorney's fees and costs incurred for enforcement shall be added to the amount of the lien. 3. As shown on the Final Plat of Cottonwood Creek Subdivision, Packstring Road is a private roadway with a perpetual non- exclusive right-of-way granted to each lot owner. Because Packstring Road is private the Association shall have the duty of maintaining and repairing it. To provide funds for maintenance and repair the Board shall proceed as follows: a. Maintenance Fund Procedure -By November 1 of each year the Board shall detennine the amount of money that will be required in the following year for maintenance and repair of Pack string Road. -By December 1 of each year the Board shall notify each lot owner of their pro-rata share of said amount. Lot owners of uninhabited (meaning no residence on lot) lots will not be required to pay snow removal. -By March 1 of the following year each lot owner shall pay his/her pro-rata share to the treasurer of the association. -By March 15 of the following year the treasurer shall report all payments and delinquencies to the Board. 5 b. Provisions Automatically Void 000589 This section m. K.3. Of these covenants shall become void and shall be of no further force and effect upon acceptance of ownership of Pack string Road by Lincoln County. N. COTTONWOOD CREEK SUBDMSION COVENANTS, CONDITIONS, AND RESTRICTIONS A Approval of Plans. Plans and Specifications for all construction, improvements and alterations shall be in conformity with the tenns and conditions hereof and a copy of same shall be submitted to the Board of Directors for approval prior to commencement of construction. The Board of Directors shall have a reasonable amount of time to act on such plans and specifications. Building authorization granted by the Board shall be conclusive evidence that the authorized construction, improvement or alteration complies with these covenants, conditions and restrictions. All construction must be completed within eighteen months of commencement. B. Land Use and Building Type. Only new construction or alteration of existing construction shall be permitted. The property shall be used for residential purposes only. No building shall be erected, altered, placed or permitted to remain on the property other than one single family dwelling, a private garage which may be separate fÌ"om the dwelling, additional out building not to exceed 2,000 square feet in area. No modular or manufactured housing is permitted. 1. No galvanized metal roofs shall be allowed. 2. All homes must have a minimum of fourteen-hundred (1400) square feet of living space on the ground floor, exclusive of garages and porches. C. Nuisances. No noxious or offensive activity shall be carried upon any property, nor shall anything be done or place theron which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other owners in the enjoyment of their property. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices shall be place or used upon any property, except for those devices designed and installed to protect the security of the properties and improvements located theron. D. Prohibited Structures. No trailer home, mobile home, camper, garage, outbuilding, or any other structure of a temporary or mobile nature, shall be used in the area s a place of residence or habitation, either temporarily or 6 permanently, except as the same may be customarily employed by contractors for a during the construction of improvements thereon. The term "trailer home" or mobile home" as used herein shall mean any building or structure with wheels and/or axles; and any vehicle used or constructed so as to permit its being used for transport upon the public streets or highways and constructed in a manner as to pennit occupancy thereof as a dwelling or a sleeping place for one or more persons; and shall also mean any such building, structure or vehicle, wither or not wheels and/or axles have been removed, after such a building, structure or vehicle has been place either temporarily or permanently upon a foundation. 000590 F. Signs and Lights. Except with the written consent of the Board of Directors as to dimensions or purpose, no signs or exterior light of any character shall be placed or maintained on any lot except: 1. A sign identifying the owner or occupant thereof, no dimension of which exceeds three (3) feet. Said signs shall not be illuminated unless affixed to the exterior of the main dwelling. 2. Any light used to illuminate parking areas, grounds, or used for any other purpose shall be arranged as to reflect the light away from any adjacent or nearby properties and away :fÌ'om the vision of passing motorist. 3. Christmas lights and ornaments will be permitted during the holiday season. G. Excavation and Mining Prohibited. No excavation for stone, sand, gravel, or earth shall be made upon any property except for such excavation as may be reasonably necessary for the construction, reconstruction or alteration of any improvement. H. Livestock. Livestock will be limited to 1 animal unit per acre. Exceptions will be approved by the Board. I. Vehicular Restrictions. No vehicles, trailers, motor homes, horse trailers, or any other means of conveyance, wheeled or otherwise and of whatsoever kind or nature, including but not limited to water craft, whether for the carriage or transport of persons, animals or materials, and whether motor- powered or otherwise, shall be parked on Packstring Road at any time. 1. Utility Services. All electric power and telephone service lines and all other utility services shall be underground or located inside the boundaries of buildings. Declarant reserves all rights to utilities, no property owner shall allow persons beyond their property to connect to their utilities with the exception of Declarant. K. Waste Disposal and Trash. The use of exterior garbage containers shall be restricted to the disposition of household waste and garbage. No garbage, 7 000591- trash, brush piles, rubbish, junk, inoperative vehicles, including trailers as defined in the contexts of these covenants, and no other unsightly items of property or waste shall be collected, place or permitted to accumulate on any property. Owners and occupants shall do everything necessary or desirable to keep their lots neat and in good order. If an owner or occupant permits any such rubbish, debris, or trash to remain upon its lot then the Board, or such person or persons as the Board may from time to time designate, may enter upon the property and may remove the same therefÌ'om or otherwise cause compliance herewith and such owner or occupant shall forthwith upon such entry be liable to the Board for the full cost of enforcing compliance herewith and such cost shall be a lien against the property. Any entry for said purpose shall not be deeme3d to be a trespass upon the property. And the decision of the Board shall be conclusive as to whether or not this covenant has been violated; provided, however, that notice of any violation thereof shall have been given the owner and/or occupant in writing not less that ten (10) days prior to any such entry. L. Utility Easement. Easements for installation and maintenance of utilities are reserved and are shown on the Final Plat of Cottonwood Creek Subdivision. No structure shall be place or permitted to remain within the limits of the easement which may endanger or interfere with the installation and maintenance of utilities. M. Landscaping. Declarant understands that to an extent landscaping is a matter of individual preference. Conversely, poorly landscaped lots are detrimental to the interests of other owners in the subdivision. It is Declarants intent to require landscaping but to avoid being overly restrictive. N. Limited Liability. Neither the Declarant, the Board, any member of the Board, any Board representative, nor any officer, shareholder, agent or employee of Declarant, shall be liable to any owner or other person for any action or for failure to act with respect to any matter if the action taken or failure to act was in good faith. The Board shall release, hold harmless, defend and indemnify every present and fonner officer and director of the Board and every present and former Board representative against all liabilities incurred as a result of holing such office, to the full extent permitted by law. O. Firearms. There will be no discharging of firearms within Cottonwood Creek Subdivision. P. Irrigation. (See attached policy of the Cottonwood Irrigation District) 8 v. MISCELLANEOUS 000592 A. Non- Waiver. No delay on the part of the Declarant or any other person in the exercising of any right, power, or remedy constrained herein shall be construed as a waiver thereof or acquiescence therein. B. Modification. These restrictions may be modified or amended by a majority of members of the Cottonwood Creek Subdivision Homeowners Association, voting by lot as provided in Section m.c above. C. Severable. These restrictions shall be severable and if any be held unenforceable by any court of competent jurisdiction, all remaining restrictions and covenants herein set forth shall remain in full force and effect. D. Assignment of Declarant's Interest. Any and all of the right, title, Interest and estate given to or reserved by the Declarant herein or on the Plat of the Cottonwood Creek Subdivision may be transferred or assigned to any person, firm or corporation by appropriate instrument in writing duly executed by the Declarant and recorded in the office of the County Clerk of Lincoln County, Wyoming, and wherever the Declarant is herby referred to such reference shall be deemed to include its successors and assigns. This document hereby supersedes and replaces any document formerly referred to as "Protective Covenants, Conditions and Restrictions for Cottonwood Creek Subdivision". Jif ð d~ Owner/Agent On this ~ay of ~ . n the year 2008 , before me, the undersigned Notary Public in and for said State, p sonally appeared Kyle B. Walker, known to me to be the agent for K&K Development LC, owner of the Cottonwood Creek Subdivision, a Master Subdivision, recorded August 17, 2007 in Lincoln County, Wyoming. STATE OF WYOMING ) ) COUNTY OF SUBLEITE ) :j¿ The foregoing instrument was acknowledged before me this 1.;, ~. 2008. Wit ss my hand and official seal. / :it day of My Comm . SHAliBDN LEE ZIEGLER - NOTARY PUBLIC slon hxptr , COUNTY OF . 'STATE OF SUBLETTE WYOMING My Commission Expires/ð - zS" -0 9