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THE DOUBLE L RANCH
00016:1.
DECLARATIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND
CONDITIONS FOR DOUBLE L RANCH HOMEOWNERS ' ASSOCIATION, INC.
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This declaration is made this ~ S> day of April, 2008, by the undersigned, Double L Ranch,
LLC, hereinafter referred to as "Declarant."
WHEREAS, Declarant is the owner of certain real property consisting of 22 lots within Double
L Ranch, including a 2 minor subdivisions in Lincoln County, and a proposed 10 lot subdivision in
Lincoln county. Also included are 2 lots created where the original farmhouse headquarters were located.
These covenants pertain to a portion of the lots hereinafter referred to as the "Property", more
particularly described as follows, to-wit:
Lots 21 through and including Lot 25 of The Double L Ranch East
Subdivision, a Development of Lincoln County, Wyoming, according to the
official plat thereof on file and of record in the office of the Clerk Recorder of
Lincoln County, Wyoming; and
Lots 11 through and including Lot 14 of The Double L Ranch West Minor
Sub d i vis ion, a Development of Lincoln County, Wyoming, according to the
official plat thereof on file and of record in the office of the Clerk Recorder of
Lincoln County, Wyoming
WHEREAS, Declarant desires to establish a residential community of country homes on the property
designed to maintain the natural beauty and environmental integrity of the Property and to preserve, protect
and enhance such values and amenities for the benefit of individual Lot Owners;
WHEREAS, these lots are located amongst a private homeowners only recreational sporting club
owned ' and operated by Double L Ranch, LLC, and Declarant desires that the subdivided lots exist in harmony
with the sporting club's operations;
WHEREAS, Declarant desires to subject the Property to certain protective covenants, conditions,
restrictions, reservations, and easements for the benefit of the property, its present and subsequent Owners as
hereinafter specified, and will convey the property subject thereto;
NOW THEREFORE, Declarant hereby declares that all of the Property is and shall be held and
conveyed upon and subject to the easements, conditions, covenants, restrictions, and reservations
hereinafter set forth. These easements, covenants, restrictions, conditions, and reservations shall constitute
covenants to run with the land and shall be binding upon all persons having any right, title, or interest in the
Property or in any part thereof, their heirs, successors, and assigns, and shall apply to each present and future
Owner thereof.
RECEIVED 4/29/2008 at 4:09 PM
RECEIVING # 938574
BOOK: 693 PAGE: 161
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
I - DECLARA TIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
ARTICLE 1.
DEFINITIONS
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Whenever used in this Declaration, the following terms shall have the following meanings:
1.1. "ARC" means and refers to the Architectural Review Committee appointed pursuant to
the Article herein entitled "Architectural Review Committee."
1.2. "ASSOCIATION" shall mean The Double L Ranch Homeowners' Association, Inc., a
Wyoming nonprofit, mutual benefit corporation and its successors and assigns.
1.3. "BOARD" shall mean and refer to the Board of Directors ofthe Association.
1.4. "BUILDING" means any structure constructed on the "Property".
1.5. "COMMON AREA" shall mean all real property (including easements and improvements
thereon) owned by the Association for the common use and enjoyment of the Owners. The
Common Areas to be owned by the Association at the time of the first conveyance of a Lot to an
Owner are described as follows:
Parcel A: A non-exclusive easement for ingress and egress and private utilities over; under;
upon and across that certain real property described below. This easement- is
appurtenant to each Lot within the Plat of The Double L Ranch East Subdivision,
Plat No. 927425 in Lincoln County and Double L Ranch Subdivision, Plat No. 927422
in Lincoln County, Wyoming. The property subject to this easement is described as
All of those tracts of record in the Office of the Clerk of Lincoln County in Book 561 of
Photostatic Records on page 577 within NW1I4NW1I4 and Lot 3 of Section 28, T36N,
R119W, Lincoln County, Wyoming.
Other common improvements include, but are not limited to, subdivision roads, entry gates, bridges, signage,
lighting and perimeter buck and rail fencing.
Certain improvements to the unsubdivided ranch lands adjoining the Property may be utilized by
Owners; however; the Association has no ownership interest in these improvements. Ranch
improvements may include, but are not limited to, ponds, wetlands, trails, ranch buildings, and internal
ranch roads.
1.6. "DECLARANT" shall mean Double L Ranch LLC, its successors and assigns.
1. 7. "DECLARA TION" shall mean the Declarations, Restrictions, Protective Covenants and
Conditions of Double L Ranch, as recorded in the office of the Clerk & Recorder of Lincoln County,
Wyoming, contemporaneously with the Plat, as hereinafter defined.
1.8. "DESIGN GUIDEUNES" shall mean any document adopted by the ARC to specify
restrictions, review procedures, construction regulations, landscaping requirements and other
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provisions designed to ensure that the residential community preserves, enhances and harmonizes
with the unique setting, scenery, and rural arid aesthetic values of the natural environment.
1.9. "FIRST MORTGAGEE" shall mean and refer to any person who holds a Mortgage, which is not inferior
in priority to any other Mortgage.
1.10. "LOT" shall mean any numbered parcel within the Property. "Lot" and "Tract" shall be used
snonymously herein.
1.11. "MANUFACTURED HOME" shall mean a transportable, single-family dwelling built on a steel
undercarriage with wheel assembly intended for permanent occupancy contained in one unit
or in two units designed to be joined into one integral unit which arrives at a site complete,
and ready for occupancy except for minor or incidental unpacking and assembly operations, and
constructed so that it may be used with or without a permanent foundation and with or
without removal of its undercarriage or wheel assembly.
1.12. "MANUFACTURED KIT HOMES" shall .mean integrated housing components or panel systems
manufactured off-site for assembly on-site constructed of pre-cut log homes capable of meeting
traditional stick-built Uniform Building Code construction requirements including the Wyoming
Energy Code construction requirements for stick-built residences. "Manufactured Kit Homes" shall
not include those structures defined as Manufactured homes or Modular Homes.
1.13. "MAY" ispennissive.
1.14. "MODULAR HOME" shall mean a transportable, single-family dwelling intended for
permanent occupancy contained in one unit or in two or more units designed to be joined
into one integral unit incapable of again being separated for repeated transport, which
arrives at a site complete and ready for occupancy except for minor or incidental unpacking
and assembly operations and constructed so it may be fixed permanently to a foundation with
removal of any undercarriage and wheel assembly.
1.15. "PLAT" shall mean the final plat of The Double L Ranch Subdivisions in Lincoln County,
Wyoming.
1.1 6. "PROPERTY" shall mean Lots 21 through 25 and of Double L Ranch East and Lots 11
through 14 of the Double L Ranch West Subdivisions in accordance with the official plats thereof
on file and of record in Lincoln County, Wyoming and such additions thereto as may be hereafter
brought within the jurisdiction of the Association by recorded declaration in the manner hereinafter set
forth. Property shall also include access easements and all improvements thereon. However, Declarant
owns the underlying fee title to the lands over which the access easements cross and retain the right
to use such easements for ingress, egress, and all purposes not inconsistent with the Lot Owners' use.
1. 17. "0 WNE R" shall mean and refer to the record Owner, whether one or more persons or entities, and including
their successors and assigns, of fee simple title to any Tract which is a part of the Property and is subject to
this Declaration, including contract purchasers who have a possessory interest pursuant to their contract to
purchase. The tenn "Owner" shall exclude contract sellers having such interest merely as security for the
perfonnance of an obligation or others having an interest in the Property merely as security for the
perfonnance of an obligation. If there is more than one Owner, the provisions of this Declaration apply
jointly and severally to all Owners.
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1.18. "ROADW A Y" AND "COMMON IMPROVEMENTS" shall mean any subdivision roads, utility
easements, or other thoroughfare, as shown on the Plat of the Property, and all development entry gates,
bridge across the Salt River, signage, lighting, and perimeter buck and rail fencing. Common improvements
may also include dry fire hydrants and any common irrigation system that may be installed for the
benefit of any of the Lots. However, any Conservation Easements placed on any Double L Ranch land
which it retains and which is not depicted as a numbered Lot on any subdivision plat maps, will not be
owned or maintained by The Double L Ranch Homeowners' Association.
1.1 9. "SHALL" is mandatory.
ARTICLE II.
SURROUNDINGS
2. I. RURAL AREA; The Property is situated in a rural area and may be subjected to conditions
resulting from non-residential use, including agricultural use of neighboring lands. Such use
includes the cultivation, harvesting and storing of crops; the raising and breeding, and husbanding of
livestock; the application of chemicals; the operation of heavy equipment, machinery, and trucks;
and the conveyance and application of irrigation water, as well as other customary agricultural
activities. Activities incident to such use may produce odors, noise, dirt, smoke, or other conditions
some may find offensive or incompatible with pennitted land uses within the Property. Nonnal and
necessary resource management activities, legally conducted on neighboring lands, must be an
expected aspect of residences within the Development in Lincoln County.
2.2. PURPOSE. Historically, the subdivided land and surrounding area has been operated as a family
ranch, engaged in agricultural production, grazing and the raising of livestock. The Double L
Ranch, LLC, purchased the ranch properties with the intent to subdivide a small portion of the
ranch. The subdivided lands are described as the "Property" herein, and are located within the
larger boundaries of the ranch.
2.3. FENCING. No individual fencing of lots is allowed.
2.4. WEED CONTROL. The individual Lot Owners will be responsible for herbicide application and noxious
weed control on their property, private drive areas, driveways and any disturbed soils on their lot(s). The
Homeowners Association will be responsible for herbicide application and noxious weed control on all
roadways.
ARTICLE III.
HOMEOWNERS' ASSOCIATION
3.1. nIB DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC. Declarant has caused a
Wyoming nonprofit mutual benefit corporation to be formed caIIed Double L Ranch
Homeowners' Association, Inc., hereinafter referred to as "the Association." The purpose of the
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Association is to care for, protect, and maintain the roadways, common improvements, and conduct any
other matters which may serve the Property so that the same will be maintained for the benefit of the
Property and the Owners of the individual lots therein. The Association will be obligated to and shall
assume and perform all functions and obligations imposed on it or contemplated for it under this
Declaration or any similar functions or obligations imposed on it or contemplated for it under any
supplemental or amended Declaration with respect to any Property now or hereinafter subject to this
Declaration. The Association shall have all powers necessary or desirable to effectuate these purposes
including, but not limited to the following:
a.· The power to levy such annual or special assessments as may be deemed necessary for the
proper management of the Association. Such assessments may include sums for taxes, insurance,
maintenance, enforcement, repairs, replacement, and such other activities reasonably necessary for the
proper functioning of the Association.
b. The power to adopt and enforce such reasonable rules and regulations as may be required to
effectuate the purposes of this Declaration of the Association's Bylaws.
c. The power to enforce this Declaration and the Bylaws, rules, and regulations of the
Association.
d. The power to suspend voting privileges or levy liens against individual lots for failure to pay
assessments or comply with the rules and regulations of the Association.
e. The power to limit the number of guests of members and to limit or prevent the use of
the Common Area by persons not in possession ofa Lot.
f. The power to construct, maintain, repair, or replace improvements as set forth in the Plat and make such
reasonable annual or special assessments as may be required for such actions.
g. The power to establish such reserves for capital expenditures as the Association may deem
prudent.
3.2. MEMBERSHIP. Every Owner of the fee title or equitable title to a lot, or who is subject to an
assessment by the Association shall automatically be a member of the Association. Each Owner of a Tract
within these properties will be required to be a member of the Double L Ranch Homeowners' Association.
Membership shall be appurtenant to and may not be separated fÌ'om the ownership of any Tract.
a. A membership shall be deemed to have vested upon delivery of a duly executed deed or
contract for deed to the Owner.
b. Foreclosure of a contract, mortgage, trust indenture, or other security device and repossession of a Lot
shall tenninate an Owner's membership, whereupon all rights to such membership shall vest in the
secured party.
c. Membership shall terminate upon the transfer of an Owner's interest.
3.3. VOTING RIGHTS. The Association shall have one class of voting membership. Members shall be entitled
to one vote for each Lot in which they hold the interest required for membership by Section 3.02. When more
than one person or entity holds such interest or interests in any lot, all such persons or entities shall be
5 - DECLARA TlONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
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members. The vote for such lot, in the case of multiple ownership, shall be exercised as the Owners
detennine among themselves, but in no event shall more than one vote be cast with respect to that lot.
3.4. MANAGEMENT. The Association is governed by the terms of these Protective Covenants,
the Articles of Incorporation and the Bylaws. A Board of Directors shall manage the business affairs
of the Association, as set forth in the Bylaws.
3.5. FIRST ANNUAL MEETING. Not later than twelve months after nine (9) lots have been
conveyed, the Declarant shall call a meeting of all Owners to be held within forty-five (45) days
of said notice for the purposes of holding the Associations' first annual meeting and establishing the
administrative operation of the Association.
3.6. QUORUM; VOTING. A quorum for the transaction of any business of the Association shall be
those members comprising at least 35% of its members. Meetings of the quorum shall be preceded by
written notice mailed to each member at his most recent known address no less than ten (10) days prior
to the time appointed for a meeting. Notice of any meeting may be waived. Attendance at a meeting
constitutes a waiver of notice of such meeting.
ARTICLE IV.
MEMBERS' ENJOYMENT OF ROADWAY AND COMMOM IMPROVEMENTS
4.1. MEMBERS' EASEMENT OF ENJOYMENT. Every member of the Association shall have a right
and easement of enjoyment in and to any roadways and common improvements that appear on the
Plat, subject to each member's compliance with such reasonable regulation and restrictions, and the
payment of such fees as may be imposed by the Association. Such easements and roadway
improvements may be appurtenant to and shall pass with the title to every Lot subject, however,
subject to the following provisions. Declarant retains underlying fee title to all lands over which
the roadway easements cross, and reserves the right to use such easements for ingress, egress and
all other purposes not inconsistent with each Association member's use.
4.2. RESTRICTIONS. The Association shall have the right to impose reasonable restrictions for the
benefit of the members.
4.3. DEDICATION TO THE PUBLIC. The Association shall have the right to dedicate or transfer all or
any part of the roadways or common improvements to any public agency, authority, or utility for
such purposes and subject to such considerations as may be agreed to by the members. No such
dedication shall be effective unless an instrument, signed by the Secretary of the Association
evidencing the fact that at least two-thirds (2/3) of the Lot Owners concur, has been recorded in the
appropriate records of Lincoln, Wyoming.
4.4. SUSPENSION. The Association shall have the right to suspend the voting rights and the rights and
easements of any Member for any period during which any assessment against his Lot remains delinquent.
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ARTICLE V.
RECREATIONAL LICENSE AGREEMENT
Lot Owners shall be given a Recreational License agreement with The Double L Ranch, LLC, for recreation
use of surrounding Double L Ranch lands (defined as the "remainder" under the Bylaws of the Association).
These lands are owned by The Double L Ranch, LLC and the license agreement creates no ownership
interest in The Double L Ranch Homeowners' Association or individual Lot Owners. The rights and
obligations of Lot Owners are subject to, and governed by, the separate license agreement. .
ARTICLE VI.
ARCHITECTURAL REVIEW
6.1. ARCHITECTURAL REVIEW COMMITTEE. After such time that the Double L Ranch, LLC,
owns no lots within the Property which is the subject of this Declaration. There shall be an Architectural
Review Committee of the Association ("ARC") comprised of not fewer than three members, each a
Member of the Association. The initial ARC shall be appointed by Declarant., Thereafter,
Declarant shall appoint two members of the ARC and the Board of Directors shall have the power to
appoint the remaining member of the ARC. The Architectural Committee shall review plans and
specifications for all improvements, fencing and landscaping upon the Property in the manner specified
below to assure compliance with the requirements of this Declaration.
6.2. REVIEW. No residential structure, garage, outbuilding, fence, improvement or other structure, nor
septic tank, well, antennae or exterior ornament of any kind, or any addition, alteration or remodeling
thereof shall be made, erected, altered, placed or pennitted to remain upon the Property until plans and
specifications showing the nature, kind, shape, height, materials, and location of the same shall have
been submitted to the ARC. Such plans and specifications shall, at the request of the ARC, include an
analysis of whether the proposed improvements or landscaping would materially impair any view ITom
another residence or Lot within the Property.
6.3. PURPOSES OF REVIEW. If approval is given, the ARC shall do so as to hannony of external design,
location in relation to surrounding structures· and topography, construction, and the material to be used in
the construction, or improvement and compliance with the restrictions of this Declaration. Any such
approval may be made subject to conditions imposed by the ARC. It is not intended that the ARC have
any jurisdiction concerning any changes to the interior portions of any of the· residences within the
Property. Reconstruction shall be subject to ARC approval.
6.4. ARC DESIGN GUIDELINES. The ARC may promulgate Design Guidelines to ensure that the
residential community exists in harmony with the natural environment. These Design Guidelines
may be regulatory in nature and, if so, shall be binding upon all persons who construct, alter,
maintain, remodel or re-construct any improvement upon the lots. Design Guidelines may be more specific
than requirements set forth in this Declaration. The ARC shall administer and enforce Design Guidelines
in accordance with this Declaration and the Guidelines. The ARC may amend Design Guidelines from
time to time and it is the responsibility of the Owner or Owner's representative to obtain and review
the most recent version. Since Design Guidelines are a separately promulgated document, county
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review or approval prior to adoption or amendment is not required. However, if the Design Guidelines
conflict with conditions and covenants set forth in this Declaration, the ARC must first seek to
amend the Declaration, which amendment requires County review and approval.
6.5. ADDITIONAL POWERS OF THE ARC. The ARC may in its discretion, consult with architects,
engineers and other professionals who are not members of the ARC to assist it in rendering its
decision. The reasonable cost of such consultations shall be borne by the Owner-applicant. The ARC
may, in its discretion, establish categorical exemptions ITom its review.
6.6. REVIEW TIME REQUIREMENTS. In the event the Architectural Committee fails to approve or
disapprove such design, location, construction, and materials within thirty (30) days after the
detailed plans and specifications have been submitted to it, approval shall not be required and this
article will be deemed to have been fully satisfied. Any plans, specifications and proposals so approved,
either expressly in writing or by the expiration of the thirty day period herein provided, shall then
permit the Owner to commence construction in accordance with said plan, but any deviation from
said plan which in the judgment of said Architectural Committee is a substantial detriment to
the appearance of the structure or of the surrounding area shall be corrected to conform with the
plan as submitted.
6.7. CONSTRUCTION TIME REQUIREMENTS. Any structure to be constructed in accordance
with approval so given must be erected and completed within eighteen months of approval or
new approval obtained. If any structure is begun and is not completed within eighteen
months of the commencement of the construction, and in the judgment of the Architectural
Review Committee is of offensive or unsightly appearance, the said Committee or the Directors of
the Association, at the option of either, may take such action as may be necessary in their
judgment to improve the appearance so as to make the property harmonious with other
properties. Such action may include completion of the exterior of the structure, screening or
covering of the structure or any combination thereof or similar operations, and the amount of any
expenditures made in so doing shall be a lien on the property and may be enforceable by an action
at law. Property Owners are not required to build upon the properties.
6.8. MAJORITY VOTE REQUlREMEN'r. The ARC may act by a majority of its members and
any authorization or approval made by the Committee must be signed by a majority of the members
thereof.
6.9. LIABILITY. Neither Declarant, nor the ARC, nor any member thereof shall be liable to the
Association or to any Owner for any loss, damage or injury arising out of or in any way connected
with the performance of the ARC's duties hereunder, unless due to the willful misconduct or bad
faith of the ARC. Neither the ARC, the Board, nor the members of either may be held liable by any
person for damages for any action taken pursuant to the provisions of this Article, including but not
limited to, damage resulting from correction, amendment, changes, or rejection of plans, the
issuance of building permits, or delays associated with such action by the Architectural Committee.
6.10. ATTORNEY'S FEES. IN ANY ACTION BROUGHT BY THE ARCHITECTURAL COMMITTEE
OR THE ASSOCIATION TO ENFORCE THE PROVISIONS HEREOF, THE PREVAILING PARRY
SHALL BE ENTITLED TO RECOVER FROM THE OPPOSING PARTY, IN ADDITION TO SUCH
COSTS AS ARE ALLOWED BY LAW, A REASONABLE ATTORNEY'S FEE TO BE FIXED AND
DETERMINED IN THE MANNER PROVIDED BY LA W.
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DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
ARTICLE VII.
PERMITS AND REQUIREMENTS
0001.69
7.1. CONSTRUCTION. Any construction on the Tracts shall confonn to the requirements of this Declaration,
the Architectural Review Committee and all applicable state and local building code
requirements. The ARC shall require that all construction complies with the provision of the
Uniform Building Code, National Plumbing Code and National Electric Code or their
amendments, to the extent utilized in the community. The individual Tract Owner, not the
ARC, is responsible for compliance with all building codes and for obtaining all pennits.
7.2. MASTER PLAN COMPLIANCE REVIEW. To the extent that Lincoln County has a process by
which site plans and building plans are reviewed for compliance with the applicable County Master
Plan, each Tract Owner shall be responsible for ensuring compliance with the local review
processes.
7.3. SEPTIC SYSTEM AND WELLS. Each Tract Owner in The Double L Ranch Development in
Lincoln County will be responsible for costs and installation of his or her own septic system, and
all Lot Owners shall be responsible for costs and installation of his or her own water systems. No
permanent, individual sewage or disposal system shall be permitted on the Tract unless said
system is located, constructed and equipped in accordance with the standards and regulations of
the Wyoming Department of Environmental Quality, Lincoln County Board of Health (or
Sanitarian) and other regulating authorities in effect on the date the system is constructed. In no
event shall any system, whether temporary or permanent, be located, constructed or equipped in
such a manner so as to pollute the water of any stream, pond, well, spring, or other source of
water. Each Tract Owner shall obtain a septic pennit from Lincoln County.
ARTICLE VIII.
HEALTH, SANITATION AND UTILITIES
8.1. SEPTIC SYSTEMS AND WELLS. Each residential building shall be connected to a
private well and a private septic sewage system, as applicable, at the Owner's sole expense.
Owners must carefully locate homes in specific areas within their respective lots to ensure
the wells and drain fields locations are protected and not disturbed. The system must
conform to all applicable standards, as set forth above in Section 7.3.
8.2. UTILITIES. The developer of The Double L Ranch subdivisions shall cause the installation of
electric power and telephone utility services to each individual lot. The utility shall be
responsible for maintenance to the Lot. Lot Owners shall bear all responsibility and costs
from such junction to Home Sites. All utilities of every nature shall be installed and
maintained underground. Piping and wiring shall be concealed. Each Owner shall be
responsible for utility installation and maintenance in side the perimeter of the Lot line in
accordance with state and local regulations.
8.3. WATER AND MINERAL RIGHTS. In order to protect the scenic, recreational, and wildlife
values of the area, no mineral or water rights entitled to or owned by The Double L Ranch
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subdivisions will be assigned, transferred or conveyed to individual site Owners. Double L Ranch
agrees not to develop any owned minerals.
ARTICLE IX.
RESTRICTIONS ON PROPERTY USE
9.1. LAND USE. No Lots within the Property shall ever be occupied or used by or for any building
or purpose that is contrary to the provisions of this Declaration or to applicable land use
regulations in Lincoln County, Wyoming.
9.2. RESIDENTIAL USE. Each Lot shall be used for one single-family residential dwelling and single
family occupancy as hereinafter provided. Single-family occupancy shall mean and shall be strictly
limited to occupancy of the residence on a Lot, and each Unit, by a family comprised of (i) no more than
two (2) principal adults, (ii) the children of one or both of said principal adults, (iii) no more than two (2)
additional family members (adults or children) who are related by blood to said principal adults, and
occasional guests. Employees who care for the residence or Unit or who care for children may also occupy
the residence or Unit. For purposes hereof, Arelated by blood@ shall mean the following relationships, but
no others: Grandparents, parents, brothers and sisters, aunts and uncles, and nephews and nieces. Caretaker
Apartments are strictly limited to occupancy by no more than two (2) adults and the children of one or both
of said adults. No Lot shall ever be occupied or used for any commercial or business purpose, provided
this does not prevent:
a. Any artist, artisan, or craftsman from pursuing his artistic calling upon a private area if such
artist, artisan or craftsman also uses such private area for residential purposes, is self-employed
and has no employees working in such private area, and does not advertise or offer any
product or work of art for sale to the public upon or from such private area and the pursuit
of the artistic calling is not offensive and does not interfere with the neighboring property
owners enjoyment of their properties; or
b. Any Owners from attaching one guesthouse to a single-family residential dwelling, provided
the guesthouse and the single-family residential dwelling when considered together, otherwise
comply with the provisions of this Declaration; or
c. Any Owner trom conducting business activities that are wholly confined to the interior of the residence
so long as: (i) the existence or operation of the business activity is not apparent trom outside the
residence, and (ii) shall not be incompatible with the residential character of the residence or the
surrounding neighborhood.
9.3. LEASING. No Owner shall have the right to lease his or her Lot or residence, nor to
create any other ownership interest in his or her Lot or residence, such as the creation of a
time-share interest, a condominium interest, or any other interest in which ownership of the Lot or
residence is tractionalized among owners.
9.4. RESTRICTIONS ON SIGNS. NO signs or advertising devices, including, without
limitation, commercial, political, informational, or directional signs or devices shall be
erected or maintained on the Property, except signs approved in writing by the Architectural
Committee as to size, material color, and location, as follows:
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a. As necessary to identify ownership of the Property and its address;
b. As necessary to give directions;
c. To advise of rules and regulations;
d. To caution or warn of danger; and
e. As may be required by law.
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9.5. NO RE-SUBDIVISIONS. No Lot within the Property shall he further subdivided or
partitioned; provided, however, that the boundaries of Lots may be adjusted so long as no
additional Lot is created thereby and so long as any boundary adjustment is approved by the
Architectural Review Committee.
9.6. UNDERGROUND UTILITY LINES AND TANKS. All lines providing water, telephone, gas,
electrical, other utilities, and all permitted fuel tanks shall be kept screened by approved
landscaping so as to conceal them from the view of neighboring lots, streets, access roads, and
areas surrounding the Property.
9.7. MAINTENANCE OF PROPERTY. All Lots within the Property and all improvements on any
Property shall be kept and maintained by the Owner thereof in clean, safe, and attractive condition and in
good repair.
9.8. NO NOXIOUS OR OFFENSIVE ACTIVII"Y. No noxious or offensive activity shall be carried on
upon any Property, nor shall anything be done or placed on any Lot within the Property that is or
may become a nuisance, embarrassment, disturbance, or annoyance to others.
9.9. NO HAZARDOUS ACTIVITIES. No hazardous activities shall be conducted on any Lot within the
Property. Owners shall not dump or store hazardous materials, refuse or garbage on the Property
nor shall an Owner cause or permit the accumulation or existence of animal waste or junk. Each Owner
shall provide suitable receptacles for the temporary storage and collection of refuse and all such
receptacles shall be screened fTom the public view and protected fTom disturbance.
9.10. FIRE S. No open fires shall be lighted or permitted on any Property except in a contained barbecue
while attended and in use for cooking purposes; in commercially manufactured and approved fire pit
devices specifically designed for that purpose (such as commercially manufactured steel fire pits and
clay chimneys designed for use on patios or decks); or within safe and well-designed interior
fireplaces.
9.11. HUNTING AND FIREARMS. No hunting or other use of firearms shall be permitted on any Lot
or common area, except as set forth herein. The Double L Ranch, LLC, will allow duck and goose
hunting on the designated wetland ponds adjacent to the Property. Any hunting will require
Department of Fish, Wildlife and Parks licenses or permits. Any Lot Owners participating in
hunting activity shall indemnify, defend and hold harmless The Double L Ranch, LLC, from any
liability for injury or property damage incurred by the Lot Owner, guest, or third party while
participating in such activity.
9.12. MAINTENANCE OF LOTS IN ATTRACTIVE MANNER. No unsightliness shall be permitted
upon any Lot within the Property. Without limiting the foregoing:
a. Any unsightly structures, gardens, plantings, facilities, equipment, tools, boats, vehicles other
11 - DECLARA TIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
000172
than automobiles, or other objects shall be enclosed within an approved building or
appropriately screened from view, except equipment and tools when in actual use for
maintenance or repairs;
b. No trailers, mobile homes, tractors, truck campers, boats and trucks other than pickup trucks shall
be kept or permitted to remain on the Property except in an approved building or garage;
c. No vehicle, boat, or equipment shall be constructed, reconstructed, repaired or abandoned upon
any of the Property unless in an approved building or garage;
d. No lumber, grass, shrub or tree clippings, bales of hay, plant waste, metal, bulk materials, or
scrap shall be kept, stored, allowed to accumulate on any Lot within the Property, except in service
yards meeting the requirements of Section 9.7;
e. Refuse, garbage or trash shall be placed and kept at all times in a covered container, and such
container shall be kept within an enclosed structure or appropriately screened from view;
f. Utility meters or other utility facilities and propane, water or other tanks, and sewage disposal
systems or devices may be kept and maintained within the Lots in the Property. However,
propane must be stored below ground as provided for in section 9.6.
9.13. LIGHTS, SOUNDS OR ODORS. No light shall be emitted from any Lot within the
Property, which is un-reasonably bright or causes unreasonable glare, including mercury
vapor lights. No dusk to dawn yard lights are permitted on any Tracts. All exterior lighting shall be
indirect, shall have full cut-off deflectors to direct light downward, and shall be approved by the
ARC. No sound shall be emitted from any Property which is reasonably loud or annoying,
including without limitation speakers, horns, whistles, bells, or other sound devices, except
security and fire alarm devices used exclusively to protect any of the Property or Buildings;
and no odors shall be emitted from any Lot within the Property which is noxious or
offensive to others, including without exception barns, runs, kennels, and service yards.
9.14. SLOPE CONTROL, USE AND MAINTENANCE. Each Lot Owner will take reasonable
precautions to protect slope banks located on such Owner's Lot and to protect against or minimize
erosion.
9.15. MOTORIZED VEHICLES. The use of all motorized vehicles on the Property shall be restricted
to roadways and driveways, except for riding mowers and other equipment necessary for
gardens and maintenance. No vehicles shall be parked on the common roadways and easements
that serve all the lots. The use of gasoline-powered recreational vehicles such four wheel
A TVs is permissible on the established trails, subject to reasonable restrictions on speed, noise,
function of use and licensing of the operator.
9.16. RULES AND REGULA nONS. No Owner shall violate the rules and regulations for the use of the
Property as adopted from time to time by the Association. No such rules or regulations shall be
established which violate the intention or provisions of this Declaration or which shall unreasonably
restrict the use of any Lot within the Property by the Owner thereof.
9.17. STRUCTURES - GENERAL. No structure shall be erected, altered, placed, or permitted to
remain on any Lot within the Property except those structures that are of permanent
construction and are newly constructed, provided however, that suitable used materials may
12 - DECLARA TIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
000173
be utilized in new construction. A 11 structures shall be completed within eighteen months of
commencement of construction. All dwellings and structures within the Property shall conform to the
following standards:
a. Dwellings must occupy more than 3,000 square feet of living space, all exclusive of garages,
patios, balconies, and porches. However, with the express written consent of the ARC, homes
may be constructed smaller than 3,000 square feet if, in the opinion of the ARC, the
construction of a smaller home is appropriate for the specific site and will not negatively impact
the view or the enjoyment of other property Owners' individual properties.
In addition, dwellings must have an attached two or more car garage.
b. All residences shall be not less than seventy-five feet (75) feet in width.
c. All residences shall have roofs with pitches of not less than one foot (1') of rise for every four feet
(4') of horizontal run.
d. All residences shall be constructed on mortared-block or concrete foundations with native rock
facing and shall ensure adequate openings for access and ventilation.
e. All residences shall be constructed of log, approved siding, timber or framed wood and shall be
constructed in the constructed style commonly referred to as "hand crafted" log
construction or as otherwise approved by the ARC.
f. All roofs shall be constructed of fire-resistive roofin~, and landscaping shall utilize fire resistive
plants. I
g. Structures shall not have reflective roofing. I
I
h. Modular Homes and Manufactured Homes shall not be installed or erected on any Lot.
i. No residence or other above-ground improvement on any Lot within the Property shall rise
more than 28 feet as measured from the average grade level adjoining the structure.
j. Each Lot Owner is advised to evaluate groundwater levels at their Lot prior to constructing
a basement. Data on groundwater depths, collected by developer for the purposes of the DEQ
application for sewage disposal facility approval, shall be made available to all Lot Owners by
the Homeowners' Association. In general, some of the lots are not suitable for basements due to the
water table. Any construction of basements is solely at the risk of the individual home Owner.
k. Outbuildings shall be constructed with wood siding, stone or logs that match that used on
the residence.
1. Dead trees and brush, fallen branches and other flammable debris shall be removed from
the perimeter of all structures for a distance of one hundred (100) feet.
9.18. LOCATION OF STRUCTURES WITHIN LOTS. All structures shall be located within the
building envelope identified by the developer. Each Lot Owner must check with the developer,
and with local regulations to ensure compliance with any setback requirements.
13 - DECLARA TIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
9.20.
9.21.
9. 2.
91
I
I
I
I
9.24.
000174
9.19. MAINTENANCE OF ANIMALS. No more than 4 generaIly recognized house or yard pets shall
be allowed to be maintained on any Property subject to the following provisions:
a. DOG SAND CATS. Each owner is responsible to control dogs and cats when they are not
confined within a house, within a run, or on a leash. The Lot owner will be responsible for
any damage, done by a dog or cat that is not properly controIled.
b. LIVESTOCK AND HORSES. No livestock (including but not limited to horses, cows,
sheep, goats, llamas, alpacas and pigs) may be stabled, pastured or otherwise maintained on a
Lot within the Property.
c. GAME FARMS AND RAISING OF ANIMALS. Game farms and other animal breeding
operations, including that for dogs, rabbits, and other animals, is strictly prohibited.
d. OTHER RESTRICTED ANIMALS. No wild animals, no vicious animals, no serpents and
no reptiles may be kept on any Lot or in any building on a Lot.
NUMBER AND LOCATION OF BUILDINGS. No buildings or structures shall be placed,
erected, altered, or permitted to remain on any Lot within the Property other than one single-
family dwelling house, one guest house, one garage, and a maximum of one other structure which may be
used as a workshop, storage shed, animal shelter or kennel. No building site for any structures shall be
improved without fIrst being approved by the Architectural Review Committee.
TOWERS AND ANTENNAE. No towers and no exposed or outside radio, television, or other
electronic antennae shall be allowed or permitted to remain on any Lot within the Property,
except as provided for television antennae and satellite dishes. Television and radio antennas, as
well as satellite dishes and other receiving or transmitting devices, must be screened from view.
Satellite dishes may be no larger than two (2) feet in diameter.
USED OR TEMPORARY STRUCTURES. No temporary structures, house trailers, mobile
homes, campers, or non-permanent out-buildings shall ever be placed or erected on any Lot
within the Property except with the approval of the Architectural Committee during
construction periods, and no dweIling house on any Lot shaIl be occupied in any manner
prior to its completion without written approval of the Architectural Committee.
EXTERIOR CONSTRUCTION AND LANDSCAPING. AIl exterior construction and
landscaping shall be completed within eighteen months from the start of construction.
NON-CONFORMING USES. A use of the Property, or any portion thereof in violation of the
provisions of this Declaration at the time of its recording is a non-conforming use and may be
continued; provided however, if it is voluntarily discontinued for one (I) year or more, then it shall
be deemed abandoned and any further use shall be subject to the restrictions ofthis Declaration.
a. A non-conforming use shall not be enlarged, intensifIed, increased, or extended unless by doing so
the non-conforming use will thereby comply with the provisions of this Declaration.
b. The casual, temporary, or illegal use of land, dwellings, or improvements shall not be
sufficient to establish the existence of a non-conforming use or to create rights in the
continuance of such use.
14 - DECLARA TIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
000175
9.25. ADDRESSING. All residences shall install an address sign visible for all services to readily locate
property. All address signage must be approved by the ARC.
9.26. ROOF MATERIAL. All residences shall be required to have fire resistive roof materials. The roof
materials must be approved by the ARC.
ARTICLE X.
ASSESSMENT
10.1. LIEN FOR ASSESSMENTS. The Association shall maintain the roadways, common
improvements including, but not limited to, any subdivision roads, utility easements, or other
thoroughfare, as shown on the Plat of the Property, and all development entry gates, bridges
across the Salt River and property streams, signage, lighting, and perimeter jack fencing.
Declarant covenants, and by acceptance of a deed conveying, or by contracting to purchase a
Lot, the Owner covenants, whether or not expressed in any such deed or other conveyance, to be a
Member of the Association and to be subject to the terms and conditions of this Declaration,
particularly with respect to the assessments of the Association. All assessments of the Association,
together with interest thereon at the rate of eighteen percent (18%) per annum or the interest rate
allowed by agreement pursuant to Wyoming Civil Code whichever is less, from the date of
assessment until paid, and costs of collection, including reasonable attorney's fee, shall be a'
charge on the land and shall constitute a lien upon the Lot against which the assessment is made.
Such lien shall be deemed perfected upon filing with the Lincoln County Clerk and Recorder of
an account of the assessments due, together with a correct description of the Lot to be charged
with such lien, verified by affidavit, but any error or mistake in the account of description
shall not affect the validity of the lien if the property can be identified by the description. The
priority of such lien shall be determined as of the time of filing with the Clerk and Recorder, and it
shall be deemed subordinate to a First Mortgage filed on the property. Each such assessment
together with interest thereon, and all costs of collection, as mentioned above, shall also be the
personal obligation of the Owner of such Lot at the time when such assessment became due. The
personal obligation for delinquent assessments shall not pass to successors in title unless
expressly assumed by them. The Association may establish additional rules concerning the collection
of assessments.
10.2. PURPOSE OF ASSESSMENTS. Assessments may be levied by the Association for the following
purposes:
a. Roadway maintenance;
b. Snow removal;
c. Insurance and fire protection;
d. Taxes;
e. Maintenance and enhancement of common improvements and roadways, including, but
not limited to, subdivision roads, all development entry gates, the bridges across the Salt River,
signage, lighting, and perimeter fencing;
f. Collection and enforcement costs for utility expenses.
g. Expenses related to the provision of insurance for:
(1) the Association
(2) the Property, common areas, roadways and improvements
(3) uses permitted pursuant to the Recreational License Agreement;
15 - DECLARATIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
h. legal and accounting expenses;
i. Association social functions;
j. weed control on roadways;
k. noxious weed Control;
1. covenant enforcement;
m. promotion of recreation, health, safety and welfare of its members;
n. operational expenses of the Association.
OOOj.76
10.3. AMOUNT OF ASSESSMENTS. Each Lot within the Property shall be assessed an amount
annually, payable within thirty (30) days of mailing of a notice of assessment, in an amount to he
determined by the Associations Board of Directors; provided, however, that assessments shall not
be increased more than twenty percent (20%) annually without the approval of at least two-thirds
(2/3) of the Owners of the Lots within the Property, either at the annual meeting of the Association or in
writing.
10.4. UNIFORM RATE OF ASSESSMENTS. Both annual and special assessments must be set at a
uniform rate for all Lots and collected on a periodic basis, and the Owner(s) of each Lot shall pay the
same assessment amounts.
ARTICLE XI.
INSURANCE
11.1. LIABILITY INSURANCE. The Association shall procure and keep in force public liability
insurance in the name of the Association and the Owners against any liability for personal injury
or property damage resulting from any occurrence in or about the common roadways, common
improvements, or common areas. This policy shall be in limits of not less than $1,000,000 for
bodily injury or death to any number of persons arising out of one accident or disaster, and five
hundred thousand ($500,000) for damage to property.
11.2. FIDELITY BOND. A policy providing comprehensive fidelity coverage or fidelity bonds to protect
against dishonest acts on the part of officers, directors, trustees and employees of the Association and
all others who handle or are responsible for handling funds of the Association, in an amount at least
equal to the estimated maximum of funds, including reserves, in the custody of the .Association at any
given time. However, such funds shall not be in an amount less than three (3) months aggregate
assessments on all Lots, plus such reserve fmds. Such fidelity coverage or bonds shall meet the following
requirements:
a. The coverage shall name the Association as an obligee;
b. The coverage shall contain waivers of any defense based upon the exclusion of persons who serve
without compensation from any definition of "employee" or similar expression.
11.3. OTHER INSURANCE. The Association shall also procure insurance to cover Lot Owners' licensed use
of other land or services covered by the Recreational License Agreement, including licensed use of The Double
L Ranch, LLC and retained lands. Nothing stated in this Article shall be deemed to limit the amount
or type of insurance that the Board may obtain on behalf of the Association.
16 - DECLARATIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
ARTICLE XII.
000177
JURISDICTION AND ENFORCEMENT
The Double L Ranch subdivisions have adopted these conditions, Owners' association, and guidelines for the
benefit of all the residents living in the area. The provisions of these Protective Covenants may be enforced by
individual Owners, Double L Ranch Homeowners' Association, Lincoln County, or the ARC.
12.1. COVENANT ENFORCEMENT .FUND. These Protective Covenants include provisions for a
"Covenant Enforcement Fund", which requires set fees per Lot to be paid by each Lot buyer and
subsequent buyer. These funds shall be designated solely for costs associated with enforcement of
Covenants.
12.2. RIGHT OF ACCESS. A right of access shall be reserved for making of emergency repairs to
improvements or sites on the Property. These repairs may be needed to prevent property damage,
personal injury, or continued property damage.
12.3. ACTION. In the event of violation or threatened violation of any of these Covenants, or the
design regulations or additional covenants and regulations adopted pursuant to the terms of
these covenants, legal proceedings may be brought for injunctive relief and damages. In addition,
an Owner, the ARC or Association may enforce these covenants by serving notice in writing on
the person or entity violating these Covenants which notice shall specify the offense, identify the
location and demand compliance with the terms and conditions of these Covenants. Such
notice shall be personally served. In the event personal service cannot be obtained after reasonable
efforts, notice shall be posted at a conspicuous place on the property in question and a copy of the
notice shall be mailed by certified mail, return receipt requested, to the last know address of the parry
or entity.
12.4. ENFORCEMENT. Enforcement of these covenants shall be by proceedings either at law or in
equity against any person or persons violating or attempting to violate these Covenants; and the
legal proceedings may be either to .enjoin or restrain violation of the Covenants or to recover
damages or both. In the event of action to enforce these Covenants, the prevailing party shall be entitled
to costs and a reasonable attorney's fee to be set by the Court.
12.5. WAIVER. Failure by the Association, ARC or any Lot Owner to enforce any covenants or
restrictions contained herein shall in no event be deemed a waiver of the right to subsequently enforce
the Covenant or restriction or to collect damages for any subsequent breach of Covenants.
12.6. BREACH. A breach of any of the foregoing restrictions or Covenants shall not defeat or render
invalid the lien of any mortgage or deed of trust made in good faith and for value upon any site or
portion of the real property or any improvements thereon. However, these restrictions and Covenants
shall be binding upon and inure to the benefit of any subsequent Owner who acquired title by
foreclosure, trustee sale or otherwise.
17 - DE CLARA TIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
lL
.' 000:178
12.7. ENFORCEMENT BY TRACT OWNER. These Covenants may be enforced by any Tract
Owner. In the event a Tract Owner fails to comply this Declaration after reasonable notice and
opportunity to come into compliance, a Tract Owner shall have the right to enforce the Covenants
by proceeding at law or in equity. The provisions of this Declaration may be enforced by using either
an action for damages arising out of a violation, or by an action to abate a nuisance, or an action to
restrain a threatened or prospective violation, or a continuing violation, or any other remedy permitted
by law or equity.
12.8. ENFORCEMENT BY HOMEOWNERS' ASSOCIA nON. The Homeowners' Association may
enforce these Covenants in the same manner set forth above for Tract Owners.
12.9. LIEN. The Association has a lien on the Owner's Tract for unpaid dues. The Association may file
a lien with the County Clerk and Recorder of Lincoln County against the Owner's Lot for
delinquent dues, accrued interest and costs of preparing the lien. The lien of the assessments
provided for herein, together with any interest, costs, late charges or fines pertaining thereto, shall
be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the
assessment lien. No sale or transfer shall relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereon. Assessment liens shall survive foreclosure.
12.10. SUIT. The Association in addition to filing a lien, may bring suit in Lincoln County for a
judgment for the amount of unpaid dues, accrued interest, costs of filing the lien, and costs of suit
including reasonable attorneys fees.
12.11. PAYMENT. Upon payment of the amount due, the lien or judgment must be released by the
Association.
ARTICLE XIII.
GENERAL PROVISIONS
13.1. SEVERABILITY. The invalidity or unenforceability of any provision of this Declaration or any
Supplemental or Amended Declaration in whole or in part shall not affect the validity or
enforceability of any other provision this Declaration.
13.2. CAPTIONS. The captions and headings in this instrument are for convenience only and shall
not be considered in construing any Provision, Restriction, Covenant or Condition contained in this
Declaration.
I3.3. PERPETUITY. These Covenants shall continue in full force and effect and shall run with the
land as a legal and equitable servitude in perpetuity unless amended as set forth herein.
13.4. PUBLIC USE. Nothing contained in these Covenants and Restrictions shall be construed or be
deemed to constitute a dedication, expressed or implied, of any part of the property or the common
areas to or for any public uSe or purpose, except as set forth herein. Public use
of the roadways and bridges shall be permitted under the following circumstances:
18 - DECLARATIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
OOOj.79
a. The bridge and private roads shall be open for emergency service access to the west side of the
Salt River, which includes access for fire, police, search and rescue, and ambulance;
b. The bridge and private roads shall be open for emergency public access (ingress and egress) in
the event of fire, flood, earthquake or medical emergency;
13.5. AMENDMENTS. These covenants shall remain in effect until amended or terminated. These
covenants and restrictions may not be repealed or amended without prior written consent of the
board of commissioners of Lincoln County. The board of commissioners of Lincoln County is a
party to these covenants and may enforce the provisions hereof. Upon written consent of
the board of commissioners, the covenants, or any portion thereof, may be amended,
terminated or supplemented at any time by the execution of a written document containing the
terms of the amendment, supplement or termination of any of the covenants, duly acknowledged
by a notary public, and recorded with the office of the Lincoln clerk and recorder, executed by at
least seventy-five percent (75%) of the owners of the property based on one vote per
site. If one or more sites have been combined, the combined site shall represent one
vote. If there is more than one owner for a site, each owner must execute the amendment,
supplement or termination document to count for one vote towards the seventy-five percent
(75%) total.
13.6. £NV ALlDITY. The invalidity or unenforceability of any provision of these Covenants in whole
or in part shall not affect the validity or enforceability of any other provision or valid and
enforceable part of a provision.
13.7. CONFLIC'l' PROVISION. In the case of any conflict between this Declaration and the Articles of
Incorporation or Bylaws, this Declaration shall control. In the case of any conflict between the
Articles and the Bylaws, the Articles ofIncorporation shall control.
IN WITNESS WHEREOF, the Undersigned have executed these Declarations, Restrictions, Protective
Covenants and Conditions for the DOUBLE L RANCH, LLC residential development community in Lincoln
County, Wyoming, on the day and year first above written.
/-'.~.-'.
.// )
DOUBLE L/RA~ LL
CC/
By:
Its Managing Member
19 - DECLARA TIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
STATE OF WYOMING
0001.80
:55.
County of LINCOLN
On this 1-£ day of ~~ \ ,2008, before the undersigned a Notary Public,
personally appeared '--'i.~(: D \\\\;.)1. \. Cú\~(d:\ known to me to be the person
whose name is subscribed to the written instruments and acknowledged to me that they executed th e.
LISA SPAULDING - NOTARY pUBLIC
STA1E OF
WVOMING
SEAL
Notary Public for the State of WYOMING
Wri~t~n Nam~: ~\."::)<:\ ~C0~~\ (\ \..¡
ResIdmg at: \...:" C\.<::. ~ '\ '(\ ~ \. "-.,\ \
My Commission Expires: ''\.- \. ~~\ \
COUNtY OF
LINCOLN
MY COMM. EXP. 7/1/2011
Covenants. final
20 - DE CLARA TIONS, RESTRICTIONS, PROTECTIVE COVENANTS AND CONDITIONS
DOUBLE L RANCH HOMEOWNERS' ASSOCIATION, INC.
BYLAWS
0001.8:1
OF
THE DOUBLE L RANCH HOMEOWNERS' ASSOCIATION.
ARTICLE I
Preamble and Definition
Section 1. These Bylaws pertain to all lots, the Owners of which have become
Members of The Double L Ranch Homeowners' Association., (the "Association"). The
persons belong to the Association are those persons who own lots in Double L Ranch
West Subdivision and Double L Ranch East Minor Subdivision.
Section 2. "Owner" or "Ownership" shall mean and refer to the record Owner,
whether one or more persons or entities, and including their successors and assigns, of fee
simple title to any Tract which is a part of the Property and is subject to this Declaration,
including contract purchasers who have a possessory interest pursuant to their contract to
purchase. The term "Owner" shall exclude contract sellers having such interest merely as
security for the performance of an obligation or others having an interest in the Property
merely as security for the performance of an obligation. If there is more than one Owner, ,
the provisions of this Declaration apply jointly and severally to all Owners. Any Owner
of an entity interest of record in a lot, and any partner, officer or shareholder of an entity
which is an Owner of record, may be treated by the Association as the representative of
all the Ownership of such lot for purposes of giving notices, voting and other matters.
Section 3. "Members" shall mean the Owners as described above.
ARTICLE II
Membership and Voting
Section 1. Each Owner of a residential lot in Double L Ranch West Subdivision
and Double L Ranch East Minor Subdivision shall be a Member of the Association until
such person ceases to own the lot. The Association Membership of each Owner shall be
appurtenant to said lot and shall not be transferred, pledged or alienated in any way
except upon the transfer of title to said lot, and then only to the transferee of title to said
lot. Any attempt to make a prohibited transfer shall be void. For all purposes, each lot
shall be deemed to have only one (I) Member or an Owner.
OOO~t.'82
In the event of dispute as to Membership, the Membership shall be determined
based on the Ownership of such lot as shown in the public records of the County of
Lincoln, State of Wyoming.
The name, names or entity under which Membership appears on the books and
records of the corporation shall be maintained until such time as satisfactory evidence of a
change in Membership is presented to the secretary.
Section 2.
(a) Each Member shall be entitled to one (1) vote for each lot owned.
(b) The vote for each such lot shall, if at all, be cast as a unit, and fractional
votes shall not be allowed. In the event that joint Owners are unable to agree among
themselves as to how their vote or votes shall be cast, they shall lose their right to vote on
the mater in question. If any Owner casts a vote representing a certain lot, it will
thereafter be conclusively presumed for all purposes that he or they were acting with the
authority and consent of all other Owners of the same lot.
(c) The right to vote may not be severed or separated from the Ownership of
the lot to which it is appurtenant, except that any Owner may give a revocable proxy, or
may assign his right to vote for the term of a lease or deed of trust, and any sale, transfer
or conveyance of such lot to a new Owner or Owners shall operate automatically to
transfer the appurtenant vote to the new Owner, subject to any assignment of the right to
vote to a lessee or beneficiary as provided herein.
ARTICLE III
Offices
Section 1. The principal office of the corporation shall be at 415 Stateline Road,
Freedom, Wyoming, 83120.
Section 2. The corporation may also have offices at such other places within or
without the State of Wyoming as the Board of Directors from time to time may appoint,
or the business of the corporation may require.
2 - BYLAWS OF THE DOUBLE L RANCH HOMEOWNERS' ASSOCIATION
0001.83
ARTICLE IV
Member's Meeting
Section I. All meetings of the Members shall be held at such place as shall be
determined from time to time by the Board of Directors, and the place at which such
meeting shall be held shall be stated in the notice and call of the meeting.
Section 2. The annual meeting of the Members shall be held between June 1 and
September 30 of each year. At this meeting the directors for the ensuing year shall be
elected, the officers of the corporation shall present their annual reports and such other
business may be transacted as may come before the meeting. If the annual meeting of the
Members is not held as herein provided, then election of directors may be held at any
meeting thereafter called pursuant to these Bylaws. The candidates, to the number to be
elected, receiving the highest number of votes, shall be elected.
Section 3. At each regular or special Members' meeting each Member shall be
entitled to one vote, either in person or by proxy.
Section 4. Each Member entitled to vote may be represented at any regular or
special meeting of Members by a duly executed proxy which shall be in writing and
properly signed, but shall require no other attestation. No proxy shall be recognized
unless executed within eleven months of the date of the meeting at which it is presented.
Section 5. Special meetings of the Members may be held whenever called by the
Board of Directors, or by a majority of the Members thereof, or by the President, and
shall be called by the President or Vice-President upon the request in writing of ten
percent (10%) of the Members. Calls for special meetings shall state the time, place and
object or objects thereof, and no business other than that specified in the call shall be
considered at such meeting.
Section 6. Written or printed notice stating the place, day and hour of the meeting
and, as to any special meeting or an annual meeting at which business requiring special
notice is to be transacted, the purpose or purposes for the meeting is called, shall be
delivered not less than ten (10) days nor more than twenty-five (25) days before the date
of the meeting, either personally or by mail, by or at the direction of the Secretary, or
upon default in duty by the Secretary by the persons calling the meeting, to each Member.
If mailed, such notice shall be deemed to be delivered when deposited in the United
States mail, addressed to the Members at the Member's address as it appears on the
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v' II "". ö":t
recUm::! u1' the Association, with postage mereon prepaid. The failure of any Member to
receive notice of an annual or special meeting of the Members shall not of itself
invalidate any action which may be taken by the Members at any such meeting. No notice
of an adjourned meeting of the Members needs to be given. Attendance at any meeting
constitutes a waiver of notice.
Section 7. Except as may otherwise be provided by law, or in the Articles of
Incorporation, a quorum at any annual or special meeting of Members shall consist of
Members holding thirty-five percent (35%) of the Membership outstanding and entitled to
vote thereat, represented either in person or by proxy. When a quorum is present at any
meeting, a majority of the Membership represented thereat shall decide any question
brought before such meeting, unless otherwise expressly provided by law. In the absence
of a quorum those present may adjourn the meeting to another day, but until a quorum is
secured no business may be transacted; provided, however, that in case of any meeting
called for the election of directors those who attend the second of such adjourned
meetings, although less than a quorum, shall, nevertheless, constitute a quorum for the
purpose of electing directors. At any adjourned meeting when a quorum is present any
business may be transacted which would have reen proper at the original meeting.
Section 8. The President, or in his absence, the Vice-President, shall preside at all
meetings of the Members. In the absence of both the President and Vice-President those
present and entitled to vote at the meeting shall elect a presiding officer.
Section 9. Any action required to be taken at a meeting of the Members, or any
other action which may be taken at a meeting of Members, may be taken without a
meeting if a consent in writing, setting forth the action so taken, shall be signed by all of
the Members entitled to vote with respect to the subject matter thereof, in accordance
with the applicable provisions of the Wyoming Code.
ARTICLE V
Board of Directors
Section I. Unless otherwise provided by the Declaration, the management of all
the affairs, property and interest of the corporation shall be vested in a Board of Directors,
consisting of not less than three (3) Members or more than three (3) Members. The first
Board of Directors shall be named by the Incorporator and shall serve until the first
annual meeting of Members or until his successor shall have been elected and quality.
Unless otherwise provided for in the Declaration, at the first annual meeting of the
Members, the Board of Directors shall be elected by a plurality vote, and shall hold office
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........_'I'_..v -- ...._...,..."':'-............., ......... .........._ ........_.._.......... II.,I.....AAA........AO. .......A..) __....__.....,1 };:'......... .............__........... .......... _.........__ ___ __....._............._____
pertaining to the appointment or election of the Board of Directors shall take precedence
over these Bylaws.
In addition to the powers and authorities by the Bylaws and the Articles of
Incorporation expressly conferred upon them, the Board of Directors may exercise all
such powers of the corporation and do all such lawful acts and things as are not by statute
or by the Articles of Incorporation or by these Bylaws directed or required to be exercised
or done by the Members.
Section 2. The number of directors may at any time be increased or decreased (but
not to less than three (3) by the Members at any regular or special meeting, or by the
directors at any regular or special meeting if notice of such meeting contains a statement
of the proposed increase or decrease; and, in case of any such increase, the Members or
directors at any regular or special meeting shall have power to elect any additional
directors to hold office until the next annual meeting of the Members and until their
successors are elected and qualified.
Section 3. All vacancies in the Board of Directors, whether caused by resignation,
death or otherwise, may be filled by the majority vote of the remaining director or
directors, even though less than a quorum, at any regular or special meeting. A director
thus elected to fill any vacancy shall hold office for the unexpired term of his predecessor
and until his successor is elected and qualified. Any directorship to be filled by reason of
an increase in the number of directors shall be filled by an election at an annual meeting
or at a special meeting of the Members called for that purpose.
Section 4. The Board of Directors shall hold its meetings at such place or places,
within or without the State of Wyoming, as the Board from time to time by resolution
may determine. Meetings of directors may be held at any time or place upon written or
telefaxed consent or waiver of notice from all directors. The annual meeting shall be held
immediately after the annual meeting of the Members.
Section 5. Special meetings of the Board of Directors may be called at any time by
the President, or in his absence or disability by the Vice-President, or by any two
directors, such call stating the time and place of such meeting, and the purposes for which
it is to be held.
Section 6. The Secretary shall notify each Member of the Board of all special
meetings giving the time, place and object or objects thereof. Notice shall be mailed not
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less than ten (10) days before the date of any such meeting. No business shall be
transacted at such special meeting except such as shall be indicated in the notice thereof.
The notice for special meetings of directors, called by two of the directors, as provided in
Section 5 of this Article, may be issued by such directors.
Notice of any meeting of the Board of Directors need not be given to any director
if he shall attend such meeting or shall waive such notice in writing or by telefax, filed
with the records of the meeting either before or after the holding thereof. Any meeting of
the Board of Directors shall be a legal meeting without any notice thereof having been
given if all the directors shall be present thereat. Any business may be transacted at any
meeting at which every director is present, though without any notice.
Section 7. A majority of the whole Board of Directors shall be necessary to
constitute a quorum for the transaction of business, and a majority of the Members in
attendance at any Board meeting shall, in the presence of a quorum, decide its action,
except as otherwise provided in these Bylaws or in the Articles of Incorporation, or as
required by law; provided, however, that after resignation of more than a majority of the
directors, the remaining directors, although less than a quorum, may meet and fill
vacancies as hereinabove provided.
Section 8. No stated salary shall be paid directors, as such, for their services, but
by resolution of the Board of Directors, a fixed sum and expenses of attendance, if any,
may be allowed for attendance at each regular or special meeting of such Board of
Directors; provided that nothing herein contained shall be construed to preclude any
director from serving the corporation in any other capacity and receiving compensation
therefore. Members of special or standing committees may be allowed like compensation
for attending committee meetings.
Section 9. Any Member may bring charges against a director and, by filing with
the Secretary such charges in writing, together with a petition signed by a least ten percent
(10%) of the Members of the Association, may request the removal of such director by
reason thereof. Such director shall be informed in writing of the charges at least ten (10)
days prior to the meeting of the Members at which the charges are to be considered and
shall have the opportunity at the meeting to be heard in person or by counsel and to
present evidence in respect of the charges; and the person or persons bringing the charges
against him or her shall have the same opportunity. The question of the removal of such
director shall be considered and voted upon at the meeting of Members and any vacancy
created by such removal may be filled by vote of the Members at such meeting without
the necessity of compliance with the provisions of Section 2 relating to nominations.
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ARTICLE VI
000187
Officers
Section I. The officers of the corporation shall be a President, one Vice-President
if the Board decides to elect any such Vice-President, a Secretary and a Treasurer, who
shall be elected for a term of one year by the Directors at their first meeting after each
annual meeting of the Members. If the election of such officers shall not be held at such
meeting, such election shall be held as soon thereafter as conveniently may be. The
President and Vice-President shall be elected from among the Directors. At the discretion
of the Board, any two or more offices may be held by the same person, except the offices
of President and Secretary. Each officer shall hold office until his successor shall have
been duly elected and shall have qualified or until his death or until he shall resign or
shall have been removed in the manner hereinafter provided.
The Board of Directors may elect such other officers and appoint such agents as it
may deem necessary or expedient, to hold office during its pleasure and to have such
authority and perform such duties as shall be prescribed from time to time by the Board.
Section 2. The President shall be the principal executive officer of the corporation
and, subject to the control of the Board of Directors, shall in general supervise and control
all of the business and affairs of the corporation. He shall, when present, preside at all
meetings of the Members and of the Board of Directors. He may sign, with the secretary
or any other proper officer of the corporation thereunto authorized by the Board of
Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board
of Directors has authorized to be executed, except in cases where the signing and
execution thereof shall be expressly delegated by the Board of Directors or by these
Bylaws to some other officer or agent of the corporation, or shall be required by law to be
otherwise signed or executed; and in general shall perform all duties incident to the office
of President and such other duties as may be prescribed by the Board of Directors from
time to time.
Section 3. In the absence of the President or in the event of his death, inability or
refusal to act, the Vice-President (or in the event there be more than one Vice-President,
the Vice-Presidents in the order designated at the time of their election, or in the absence
of any designation, then in the order of their election) shall perform the duties of the
President, and when so acting, shall have all the powers of and be subject to all
restrictions upon the President. Any Vice-President shall perform such other duties as
from time to time may be assigned to him by the President or by the Board of Directors.
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Section 4. The secretary shall: (a) keep the minutes of the Members' and of the
Board of Directors' meetings in one or more books provided for that purpose; (b) see that
all notices are duly given in accordance with the provisions of these Bylaws or as required
by law; ( c) be custodian of the corporation records and of the seal of the corporation and
see that the seal of the corporation is affixed to all documents the execution of which on
behalf of the corporation under its seal is duly authorized; (d) keep a register of the
mailing address of each Member which shall be furnished to the secretary by such
Member; ( e) have general charge of the Membership transfer books of the corporation;
and (t) in general perfonn all duties incident to the office of secretary and such other
duties as from time to time may be assigned to him by the President or by the Board of
Directors.
Section 5. If required by the Board of Directors, the treasurer shall give a bond for
the faithful discharge of his duties in such sum and with such surety or sureties as the
Board of Directors shall detennine. He shall: (a) have charge and custody of and be
responsible for all funds and securities of the corporation; receive and give receipts for
moneys due and payable to the corporation from any source whatsoever, and deposit all
such moneys in the. name of the corporation in such banks, trust companies or other
depositories as shall be selected in accordance with the provisions of these Bylaws; and
(b) in general perfonn all of the duties incident to the office of treasurer and such other
duties as from time to time may be assigned to him by the President or by the Board of
Directors.
Section 6. The assistant treasurers shall respectively, if required by the Board of
Directors, give bonds for the faithful discharge of their duties in such sums and with such
sureties as the Board of Directors shall detennine. The assistant secretaries and assistant
treasurers, in general, shall perfonn such duties as shall be assigned to them by the
secretary or the treasurer, respectively, or by the President or the Board of Directors.
Section 7. The salaries of the officers shall be fixed from time to time by the
Board of Directors and no officer shall be prevented from receiving such salary by reason
of the fact that he is also a director of the corporation.
Section 8. Any officer or agent elected or appointed by the Board of Directors
may be removed by the affinnative vote of a majority of the whole Board of Directors,
with or without cause, whenever in its judgment the best interests of the corporation
would be served thereby, but such removal shall be without prejudice to the contract
rights, if any, of the person so removed.
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000189
Section 9. The Board shall detennine from time to time the amount of
Membership fees, annual or special charges and any assessments that are to be levied
against the Members ofthe Association in accordance with these Bylaws.
Section 10. A vacancy in any offi-ce because of death, resignation, removal,
disqualification or otherwise, may be filled by the Board of Directors for the unexpired
portion of the tenn.
Section 11. In case of the absence or inability to act of any officer of the
corporation and of any person herein authorized to act in his place, the Board of Directors
from time to time may delegate the powers and duties of such office to any other officer,
or to any director or to any other person whom they may select.
ARTICLE VII
Finance
The money of the corporation shall be deposited in the name of the corporation in
such depository or depositories as may be designated by the Board of Directors, and shall
be withdrawn therefrom only by checks signed by the officer or officers designated by
resolution of the Board of Directors.
ARTICLE VIII
Books and Records
The books, accounts and records of the corporation, except as may be otherwise
required by the laws of the State of Wyoming, may be kept at such place or places as the
Board of Directors from time to time may designate. The Board of Directors shall
detennine whether and to what extent the accounts, books and records of the corporation,
or any of them, shall be open to the inspection of the Members, and no Member shall
have any right to inspect any account, book or record of the corporation, except as
conferred by law or by resolution of the Members or directors.
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ARTICLE IX
000190
Notices
Section 1. Notice to any director, officer or Member, (whether required by state
law or these Bylaws) may be given by mail to such person, postage prepaid, at his or her
last known mailing address, by telefax to a designated number, or by personal service.
Notice shall be effective as of the time when the notice is mailed, the time the telefax is
sent, or the time it is personally delivered to such person.
Section 2. A waiver of any notice in writing signed by a Member, director or
officer, or by telefax, whether before or after the time stated in said waiver for holding a
meeting, shall be deemed equivalent to a notice required to be given to such person.
ARTICLE X
Seal
If the board elects to adopt a corporate seal, it shall consist of two concentric
circles, between which shall appear the name of the corporation, plus the word
"Wyoming", and the center shall be inscribed with the words "Corporate Seal". An
impression of said seal appears on the margin hereof.
ARTICLE XI
Amendment
Any and all provisions of the Bylaws may be altered, amended or repealed" and
new Bylaws may be adopted, at any annual Members' meeting, or at any special meeting
of the Members called for. that purpose, by a vote representing a majority of the
Membership, or by the written consent duly acknowledged in the same manner as
conveyances of real estate are required by law to be acknowledged of the holders of a
majority of the Membership, which written consent may be in one or more instruments.
Any and all provisions of the Bylaws may be altered, amended or repealed, and new
Bylaws may be adopted by the Board of Directors by majority vote.
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ARTICLE XII
OOOj.91.
Indemnification
Each Director and officer of the Corporation now or hereafter serving as such,
shall be indemnified and held harmless by the Corporation against any and all claims and
liabilities to which he has or shall become subject by reason of serving or having served
as a Director or officer of the Corporation, except for claims and liabilities arising out of
said Director's purposeful misconduct or gross negligence.
ARTICLE XIII
Authority
The Corporation shall have all authority and obligations as specified in the
Declarations, Restrictions, Protective Covenants and Conditions for Double L Ranch (the
CC&R's). If there is a conflict between the CC&R's and these Bylaws, the provisions of
the CC&R's shall control.
ARTICLE XIV
No Private Inurement
No dividend shall be paid and no part of the income of the corporation shall
be distributed to its members, directors, or officers. The corporation may pay
compensation in a reasonable amount to its members, directors or officers for services
rendered, and upon dissolution or final liquidation may make distributions to its members,
as allowed pursuant to the tenns ofthe applicable state and federal laws
CERTIFICATION
The undersigned, being all of the directors of The Double L Ranch Homeowners'
Association, do hereby certify that the above and foregoing Bylaws were duly and
regularly adopted as the Bylaws of said corporation by the written assent of all of the
directors and that said Bylaws as copied and transcribed above are true and correct.
11 - BYLAWS OF THE DOUBLE L RANCH HOMEOWNERS' ASSOCIA nON
Director
0001.92
Director
Director
Bylaws.final
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