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HomeMy WebLinkAbout940594 DECLARATION OF CONDOMINIUM FOR STAR VALLEY STORAGE CONDOMINIUMS ~")0021.9 ,.. II-US DECLARATION is made this .lit!.- day ofJVL.Y 2008, by Wheeler Investments, LLC, a Wyoming flexible limited liability company r'Declarant"), pursuant to the Condominium Ownership Act,. Wyoming Statute §34-20-1 01 et seq. WITNESSETH: WHEREAS, Declarant is tbe oVlrner in fee simple of certain real estate situated in the County of Lincoln, and State of Wyoming, described as Lot 7 of the Rocky Point Business Center Subdivision~ Lincoln County. Wyoming, together with all buildings and improvements constructed or located thereon, and all rights, privileges, easements and appurtenances belonging to or in any way pertaining to said real estate (the "Property"); and WHEREAS, Declarant desires to submit a portion of the Property to the Act. NOW THEREFORE, Declarant, as the owner of the Property, hereby declares as fo Hows: ARTICLE I DEFINITIONS Section 1.1 Definitions. As used herein, the following words and terms shal1 have the following meanings: et seq. a. Act. The Condominium Ownership Act, Wyoming Statute §34-20-1 0 1 b. Association. Star Valley Storage Condominiums Association, a nonprofit mutual benefit corporation organized under Wyoming Statute § 17 ~ 19-1 0 1 et seq. c. Board. The Board 0 f Dj rectors of the Association. d. Bylaws. The Bylaws of the Association. e. Condominiums. The condominiums created by this Declaration. f. Condominium Plat. The plat of Star Valley Storage Condominiums being a replat of Lot 7 Rocky Point Business Center~ recorded with the Lincoln County Clerk. g. Declarant Control Period. The period of time it takes Declarant to fully develop the property into 50 individual Units. RECEIVED 7/16/2008 at 4:12 PM RECEIVING # 940594 BOOK: 700 PAGE: 219 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000220 h. General Common Elements. The General Common Elements as described in Section 3.1 below and any General Common Element specifically shown on the Condominium Plat. i. Occupant. Any person or persons in possession of a Unit, including Unit Owners, lessees, guests, agents, employees and invitees of such person or persons. j. Owner. The Owner ofa Unit as identified on the most recent deed of record filed in the office of the Lincoln County Clerk. k. Property. The real estate described in the recitals above, together with all buildings and improvements constructed or located thereon, and all rights privileges, easements and appurtenances belonging to or in any way pertaining to said real estate. 1. Special Declarant Rights. The rights reserved herein and in the Bylaws for the benefit of a Declarant, as follows; to maintain signs advertising the Condominiums, to use easements through the Gcneral Common Elements; to develop additional Units on Property; and to elect, appoint or remove members of the Board until all of the Units are sold. m. Unit or Condominium Unit. Those certaín individual air spaces as designated and delineated on the Condominium Plat together with the ínterest in the common elements appurtenant to such Unit in accordance vyith §§34-20-102 and 34-20- l03(a)(iii) of the Act. n. General. All capitalized terms used herein, and not defined herein~ shall have the meaning given to such terms in the Act, unless the context clearly indicates otherwise. ARTICLE II SUBMISSION OF PROPERTY TO THE ACT Section 2.1 Submission. Declarant hereby submits a portion of the Property to the Act. Section 2.2 Name. The Condominium shall hereafter be known as the ··Star Valley Storage Condominiums". Section 2.3 Division of Property into Separately Owned Units. Declarant, pursuant to the Act, and to establish a plan of condominium ownership for the Condominium, does hereby divide the Property into fifty (50) Units and does hereby designate all such Units for separate ownership. Each Unit and its boundaries are designated and delineated on the Condominium Plat. Declarant shall complete Phase I (Building A) consisting of 25 units as soon as reasonably practicable. Declarant reserves the fight to delay development of Phase II (Building B) consisting of the remaining 25 units until declarant deems such development practical. No unit can be further subdivided into portions or parcels thereof by means of conveyance. leases. subleases. assignments, mortgages, or other means. 2 000221 Section 2.4 Unit Allocations. Each Unit shall be deemed to include a 1I25lh inseparable undivided interest in the General Common Elements; each Unit shall be . entitled to one vote in the Association; and each Unit sha1l be responsible for a 112511\ share of the General Common Expenses. Any future addition of Units to the property shall adjust the portion of interest in General Common Elements and Expenses to reflect the additional Units. Section 2.5 Apportionment and Assessment of Taxes. The real estate taxes, assessments and other charges of the State of Wyoming or other political subdivision or any special improvement district or any other taxing or assessing authority shall be . assessed against and coJlected on each Unit. each of which shall be carried on the tax books of the Lincoln County Assessor as a separate and distinct parcel for the purpose and not on the building or the Property as a whole. The valuation of the General Common Elements shall be assessed proportionately upon each individual Unit in accordance with Section 2.4 above. Appropriate ~Titten notice shall be delivered to the Lincoln COlUlty Assessor for these purposes and such other action shall be taken effectuate the foregoing purposes to tax the Units separately including their proportionate share of the General Common Elements. ARTICLE ITI GENERAL COMMON ELE~ENTS A~D UNITS Section 3.1 Description. Except as otherwise in this Declaration provided, the General Common Elements shall consist of all portions of the Property, except the Units. Without limiting the generality of the foregoing, the General Common Elements shall include (i) the driveway designated as such on the Condominium Plat and the land; (ii) all pipes; (iii) such component parts of walls~ floors, ceilings, and other structures and installations as are outside of the Unit bounda.ries as delineated or described on the Condominium Plat. Each Unit owner shall own an inseparable undivided interest in the General Common Elements as a tenant in common with all the other owners of the Property, and, except as otherwise limited in this Declaration, shall have the right to use the General Common Elements for all purposes incident to the use and occupancy of his Unit which right shall be appurtenant to the Unit. . Section 3.2 No Severance of Ownership. In addition to the provisions set forth in Section 2.3, no Unit owner shall execute any deed) mortgage, lease or other instrument affecting title to his Unit ownership without including therein all his interest in the Unit which by defmition includes his corresponding percentage of ownership in the General Common Elements, it being the intention hereof to prevent any severance of such combined ownership. Section 3.3 Easements. a. EncrQachmenfs. In the event that, by reason of the construction, reconstruction, settlement or shifting of the building, or the design or construction of any Unit, any part of the General Common Elements encroaches or shan hereafter encroach on any other Unit, Of, if by reason of the design or construction ofuti1ìty 3 '··JL ì~'002~2 systems, any main pipes, ducts, or conduits serving more than one Unit encroach or shall hereafter encroach upon any part of any Unit, vaìid easements for the maintenance of such encroachment and for the use of such adjoining space shall exist for the benefit of such Unit and the General Common Elements, as the case may be, so long as all or any part of the building containing such Unit shall remain standing; provided~ however, that in no event shall a valid easement for any encroachment to be created in favor of the Owner of any Unit or in favor of the Owners of the General Common Elements jf such encroachment occurred due to the willful conduct of said Owner or Owners. b. Easements for Certain Utilities. The Board may hereafter grant easements for utility purposes for the benefit of the Units and the Property, including the right to install, lay, maintain, repair and replace water mains and pipes, sewer lines, gas mains, telephone wires and equipment~ and electrical conduits, and wires over, under, along and on any portion of the General Common Elements; and each Owner hereby grants the Board an irrevocable power of attorney to execute, acknowledge, and record, for and in the name of such Owner, such instruments as may be necessary to effectuate the foregoing. c. Easements Through Walls Within Units. Easements are hereby declared and granted to install, lay, maintain, repair, and replace any pipes, wires, ducts, conduits, public utiIity lines or structural components running through the walls of the Units, whether or not such walls lie in whole or in part within the Unit boundaries. d. Easements to Run With Land. AU easements and rights described herein are easements appurtenant, running with the land, perpetually in full force and effect, and at all times shall inure to the benefit of and be binding on the undersigned, its successor and assigns, and any owner, purchaser, mortgagee and other person having an interest in the Property or any part of portion thereof. Section 3.4 Use of General Common Elements. a. Regulation by Board. No person shaH use the General Common Elements or any part thereof in any manner contraxy to or not in accordance with such rules and regulations pertaining thereto as from time to time may be adopted by the Board. b. Management, .7vfaintenance, Repairs, Alterations, and Improvements. Except as otherwise provided herein, the management, repair, alteration and improvement of the General Common Elements shall be the responsibility of the Board. The Board may delegate all or any portions of this authority to discharge such responsibility to a manager or managing agent. c. Use of General Common Elements. Subject to the rules and regulations. from time to time promulgated by the Board, all Owners may use the General Common Elements in such manner as will not restrict, interfere~ or impede with the use thereof by the other Owners, except as follows: 4 c>;OO?~ ~ ~.-r,. ~.Jt i. Appurtenances. Each owner is hereby granted an exclusive and írrevocable license to use an.d enjoy the appurtenances to his Unit. Section 3.5 Maintenaoce of Units. a. By the Board. The Board, at the Association's expense, shall be responsibLe for the maintenance, repair and replacement of those portions of each Unit which contribute to the support of the building. excluding, however, interior wans, ceiling and floor surfaces. In addition, the Boaxd shan maintain, repair and replace all conduits, ducts, plumbing, -wiring and other facilities for the furnishing of utHìty services which may be located within the Unit boundaries as specified above in Section 3.3, exclusive of any portions of the foregoing which may be located at or beyond the power panel, or which may be the responsibility of an individual Owner. b. By Each Owner. The responsibility of each Owner shall be as foHows: i. to maintain, repair, and replace at his expense all portions of his Unit, and all internal installations of such Unit such as appliances, heating, plumbing, electrical, and air conditioning fixtures or installations, and any portion of any other utility service facilities located within the Unit boundaries; ii. to maintain, repair and replace at his expense such portions of the appurtenances to his Unit and of any exclusive use area licensed, granted or otherVyise assigned to such Owner. Each Owner shall be responsible for the repair, maintenance and appearance of all patios, balconies, windows, doors, vestibules and entry-ways, and of all associated structures and fixtures therein, which are Appurtenances to his Unit. The foregoing includes, without IimitatioD, responsibi1ity for all breakage, damage, malfunctions and ordinary wear and tear of such Appurtenances; iii. to perform his responsibilities in such a manner as not to unreasonably disturb other persons occupying the building; iv. not to paint or otherwise decorate or change the appearance of any portion of the building not within the walls of the Unit, unless the written consent of the Board is obtained; v. to promptly report to the Board or its agent an;}' defect or need for repairs, the responsibility for the remedying of which is with the Board; and vi. not to make any alterations in the portions of the Unit or the building which are to be maintained by the Board or remove any portion thereof or make any additions thereto or do anything which would or might jeopardize or impair the safety or soundness of the building without first obtaining the written consent of the directors of the Board, nor shall any Owner impair any easement without first obtaining the written consents of the Board and of the Owner or Owners for whose benefit such easements exist. 5 000224 c. No CQntractual Liability of Board. Nothing herein contained however, shaIl be construed so as to impQse a contractual liability upon the Board for maintenance, repair and replacement; the Board's liability shall be limited to damages resulting from gross negligence. Section 3.6 Repairs to General Common Elements Necessitated by Owner's Acts. Each Owner agrees to maintain, repaiI and replace at his expense al1 portions of the General Common Elements which may be damaged or destroyed by reason of his own or any Occupant's act or neglect, or by the act or neglect of any invitee, licensee or guest of such Owner or Occupant. Section 3.7 Shared Utilities. Although it is intended that all utility services for each Unit will be separately metered, in the event of utilities shared by more than one Unit, the Association shall pay the utility charge and pro-rate it against the applicable Units. Such payments may be collected by Association as assessments under Article VI. ARTICLE IV UNIT OWNERS Section 4.1 V oting Rights. There shall be one person with respect to each Unit Ownership who shall be entitled to vote at any meeting of the Unit Owners. Such person shall be known (and hereinafter referred to) as a "voting member." Such voting member may be the Owner or one of the group composed of all the Owners of a Unit Ownership, or bay be some person designated by such Owner or Owners to act as proxy on his o~ their behalf and who need not be an Owner. Such designation shall be made in writing to the Board and shall be revocable at any time by written notice to the Board by the Owner or Owners. Any or all of such Owners may be present at any meeting of the voting members and (those constituting a group acting unanimously) may vote or take any other action as a voting member either in person or by proxy. The total number of votes of all voting members shall be the total number of units in the Association, and each Owner or group of Owners shall be entitled to one vote per Unit owned. Section 4.2 Unit Owners Association Rights and Responsibilities. Each Unit Owner shall have tbose rights and responsibilities in the Assodation as set forth in the By-laws of the Association except that in addition to the terms of the By-laws, any action required of Members under the Existing Covenants or Existing Permits shall be submitted to the Board established in the By-laws and any action taken thereof by the voting members having a majority of the total votes shall be considered to be the action of the Members under the Existing Covenants or Existing Permits and the Board shall be entitled to vote of all the Members votes under the Existing Covenants or Existing Permits accordingly. 6 000225 ARTICLE V BOARD OF ASSOCIATION Section 5.1 Administration. The administration of the Property shaH be vested in a Board, (hereinafter sometimes called the '"Board"), which shall be constituted and governed in accordance with the By-laws of the Association, provided, however, that notwithstanding any provisions to the contrary in the Bylaws regarding the rights of the Board and/or Association to impose liens for non-payment of assessments, such liens shall be subordinate to any fust mortgage pertaining to a Unit but only to the extent such liens become due subsequent to the date of recording such mortgages. ARTICLE VI RESTRICTIONS, CONDITIONS AND COVENANTS Section 6.1 Compliance with Declaration, Bylaws and Rules and Regulations. Each Unit Owner and Occupant shall comply with all applicable provisions of the Act, this Dec]aration, the Bylaws, the Articles of Incorporation ofllie Association, and rules and regulations promulgated by the Board or the Association, as amended. Failure to comply shall be grounds for an action by the Association, an aggrieved Unit Owner, or any person adversely affected, for recovery of damages, injunction or other relief. Section 6.2 Administration of Condomínium. The Condominium shall be administered in accordance with the provisions of the Act, this Declaration and the Bylaws. Section 6.3 Use Restriction; Use by Declarant. a. The Units shall be used solely for the storage of possessions by Unit Owners or designee as provided for in Section 2.3 of this Declaration. Overnight occupa.ncy of any Unit for any reason is not permitted. b. Declarant may maintain signs on the General Common Elements advertising the Condominium until all of the Units have been conveyed to Unit Owners other than a Dec]arant. Section 6.4 Hazardous Use and Waste. Nothing shall be done to or kept in any Unit or the General Common Elements that will increase any rate of insurance maintained with respect to the Condominium without the prior written consent of the Board. No Unit Owner or Occupant shall permit anything to be done to or kept in or on his Unit or the General Common Elements that will result in the cancellation of insurance maintained with respect to the Condominium, or that would be in violation of any law. or that ,will result in the commitment of waste (damage, abuse or destruction) to, in or on his Unit or the General Common Elements. Section 6.5 Alterations of the General CQmmon Elements. No Unit Owner or Occupant, except Declarant during the Declarant Control Period, shall alter, construct 7 0002'26 anything upon, or remove anything from, the General Common Elements, or paint, decorate, landscape or adorn any portion of the General Common Elements, without the prior written consent of the Board. Section 6.6 Nuisances. No noxious or offensive activity shall be carried on in any Unit or in the General Common Elements, nor shall anything be done therein, either willfully or negligenHy, which may be or become any annoyance or nuisance to the other Owners or Occupants. Section 6.7 Impairment of Structural Integrit}' of Building. Nothing shall be done in any Unit or in, on, or to the General Common Elements which will impair the structural integrity of the building or which would structurally change the buildings except as is otherwise provided herein. Section 6.8 Pets. No pet shall he allowed in, the Condominiwn, except as· may be provided by the rules and regulations promulgated from time to time by the Board or the Association. . Section 6.9 Rules and Regulations. In addition to the foregoing restrictions, conditions and covenants concerning the use of the Condominium, reasonable rules and regulations not in conflict therewith and supplementary thereto may be promulgated and amended from time to time by the Board or the Association. Section 6.10 Restrictions, Conditions and Covenants To Run With Land. Each Unit Owner and Occupant shall be subject to all restrictions, conditions and covenants of this Declaration, and all such restrictions, conditions and covenants shall be deemed to be covenants running with the land, and shall bind every person having any interest in the Property, and shall inure to the benefit of every Unit Owner. ARTICLE VII DAMAGE OR DESTRUCTION AND RESTORATION OF BUILDING Section 7.1 Sufficient Insurance. In the event the improvements forming a part of the Property, or any portion thereof, including any Unit, shall suffer damage or destruction from any cause and the proceeds of any policy or policies insuring against such loss, or damage, and payable by reason thereof, shall be sufficient to pay the cost of repair or restoration or reconstruction, then such repair, restoration or reconstruction shall be undertaken and the insurance proceeds shall be applied by the Board or the payee,of such insurance proceeds in payment thereof; provided, however, that in the event, within ninety (90) days after said damage or destruction, the Unit Owners elect either to sell the Property or to withdraw the Property from the provisions of this Declaration, then such repair, restoration or reconstruction shall not be undertaken. 8 ARTICLE VIII CONDEMNATION 000227 In the event of a taking by eminent domain, or by a conveyance in lieu thereof, of all or any part of the Property, the same shall be repaired or restored, and the awards paid on account thereof shall be used and applied, in accordance with applicable law. ARTICLE IX SALE OF THE PROPERTY In the event of destruction or obsolescence of the Condominium or other valid reason. the Owners may, by affirmative vote of at least 95% of the total vote, at a meeting of Unit Owners duly called for such purpose, elect to sell the Property. Such action shall be binding upon all Unit Owners, and it shall thereupon become the duty of every Unit Owner to execute and deliver such instruments and to perform aU acts as in manner and form may be necessary to effect such sale, provided, however, that any Unit Owner who did not vote Ìn favor of such action and who has filed written objection thereto with the Board within twenty (20) days after the date of the meeting at which such sale was approved shall be entitled to receive from the proceeds of such sale an amount equivaJent to the value of his interest, as determined by a fair appraisal, less the amount of any unpaid assessments or charges due and O'WDing from such Unit Owner. In the absence of agreement on an appraiser, such Unit Owner and the Board may select an appraiser, and the two selected shall select a third, or an average of the two closes.t appraisals, and the fair market value, as determined by a majority of the three so selected, shall control. If either party shall fail to select an appraiser, then the one designated by the other party shall make the appraisal. ARTICLE X AMENDMENT The Declaration may be changed, modified or rescinded by an instrument in writing setting forth such change, modification, or rescission, signed, and acknowledged by the members of the Board, the Owners having at least 75% of the total votes (95% votes to amend Article IX), and containing an affidavit by an officer of the Board certifying that a copy of the change, modification, or rescission has been mailed by certified mail to all mortgagees having bona fide liens of record against any U"nit Ownership, not less than ten (10) days prior to the date of such affidavit. The change, modification, or rescission shall be effective upon filing of such instrwnent in the Office of tbe Clerk of Lincoln County, Wyoming, provided, however, that no provision in this Declaration may be changed, modified or rescinded so as to conflìct with the provisions of the Act. 9 ~~.'00228 ARTICLE XI GENERAL PROVISIONS Section 11.1 Severability. The invalidity of any covenant, restriction, condition, limitation, provision, paragraph or clause of this Declaration, or of any part of tbe same, or the applícation thereof to any person or circumstance, shall not impair or affect in any manner the validity, enforceability or effect of the rest of this Declaration, or the application of any such covenant, restriction, condition, limitation, provision, paragraph or clause to any other person or circumstances. Section 11.2 Perpetuities and Restraints on Alienation. If any of the options, privileges, covenants, or rights created by this Declaration shall be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints or alienation, or (c) any other statutory or common law rilles imposing time limits. then such provisions shall continue only u~til twenty'::'one (21) years after the death of the survivor of the now lawful living descendants of Fred Wheeler. Section 11.3 Interpretation of Declaration. Whenever appropriate singular may be read as plural, pJural may be read as singular, and the masculine gender may read as the feminine or neuter gender. Compound words beginning with the prefix "here" shall refer to this entire Declaration and not merely to the part in which they appear. Provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of a first class Condominium project. Section 11.4 Captions. The captions herein are only for convenience and reference and do not define, limit or describe the scope of this Declaration, or the intent of any provision. 10 000229 IN WITNESS WHEREOF t the undersigned has executed this Declaration as of the day and year first above wri tten. WHEELER INVESTMENTS, LLC, a Wyoming flexible limited liability company ("Declarant") BY:~~ Fre rick C. Wheeler Its: Manager STATE OF ð W~rlA-l~) ~ ) COUNTY OF '. . l hrJ?\trj ) The foregoing imotrument was acknowledged before me this 1k day Of~£_~ 2008, by Frederick C. Wheeler, the Manager of~ELER INVESTMENTS, LC , a ~ oming flexible limited liability company. - 55. Witness my hand and official seal. ~dfj/D~ ~l~~' otary ublic . ~v\{HII.ß.~À' IJ~ Address My commission expires: JAMIE PAlN1ER - NOTARY PUBLIC t;;0~\ _ _ COllNTY OF ft·,,; <1\1-1 1!) S lATE Or LINCOLN \;:;~;f§J~i~ WYOMlNG My .C~rr.¡"ion ~~~;~l/þ/ de L t!3 ~""";'';.''i'-~.:..:~ ..". .;....~~ ,,:~"'.."" 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