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Stewart creek CCR's-l.txt
FIRST AMENDED DECLARATION OF COVENANTS,
0001.60
CONDITIONS AND RESTRICTIONS OF STEWART CREEK SUBDIVISION
WHEREAS the Declaration of covenants, conditions and Restrictions of
Stewart creek subdivision of July 3, 1981, was recorded in the office of the Lincoln
county Clerk on October 8, 1981, and
WHEREAS in Article IV, section 4, Declarant reserved the right to change any of
the provisions of the Declaration in whole or in part as long as the owners of at
1 east
twelve (12) lots agreed.
WHEREAS Declarants own more than 12 lots in the subdivision at this time; and
WHEREAS Declarants desire to amend the Declaration in full;
NOW, THEREFORE pursuant to the power reserved to the Declarants,
Declarants hereby declare that this First Amended Declaration replaces in full the
previous Declaration and that its provisions apply to all lots in the subdivision
including
lots sold by Declarants prior to the date of the First Amended Declaration, as
follows:
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RECEIVED 2/9/2009 at 4:49 PM
RECEIVING # 945178
BOOK: 715 PAGE: 160
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
Stewart creek CCR's-l.txt
û00161
This Declaration of Covenants, conditions, and Restrictions regulating and
controlling the use and development of certain real property as hereinafter
described lS
made effective as of the
day of
, 2008, by Terence L. Moore,
Tammy and Paul callens, and Matthew Maloney, owners of more than twelve (12) lots of
the Stewart creek subdivision in accordance with the plat to be filed for record in
the
office of the Lincoln County Clerk in Lincoln County, wyoming, which shall
hereinafter
be referred to as the "propertyn. The Property is of high scenic and natural value,
and
Declarants are adopting the following covenants, conditions, and Restrictions to
preserve
o
and maintain the natural character and value of the property for the benefit of all
owners of
the property or any part thereof.
NOW THEREFORE, Declarants hereby declare that all of the property described
shall be owned, held, sold, conveyed, encumbered, leased, used, occupied, and
developed
subject to the following easements, restrictions, covenants, and conditions, which
are for
the purpose of protecting the value and desirability of, and which shall run with
the
property or any part thereof, their heirs, successors and assigns and shall inure to
the
benefit if each Owner of any part thereof.
ARTICLE I - DEFINITIONS
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Stewart creek cCR's-l.txt
OOüj.62
1.
"Association" shall mean and refer to the Stewart creek property OWners
Association, its successors, and assigns.
2.
"Board" shall mean the Board of Directors of the Association established to
administer and enforce the terms and conditions of this Declaration as set forth
herein.
3.
"common Areas" shall mean the private roadways within the property which
provide access to the individual lot lines from wyoming 110.
4. "Common services" shall mean the maintenance and any snow removal services
for the Common Areas, and utility line maintenance and repair services, if any,
for utility lines located in the rights-of-way of such roads.
5. "Lot" shall mean and refer to any of the single family residential plots of land
described above and shown upon that certain recorded subdivision plat of the
property
filed by the Declarants in the office of the Lincoln county clerk.
6. "owner" shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot, including contract buyers and Owners
of a
o
beneficial interest, but excluding those having such interest merely as security for
the
performance of an obligation.
7. "principal Residence" shall mean the single family residential structure
constructed on any Lot of the property, which is the principal use of such Lot, and
to
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Stewart creek CCR's-l.txt
which the other authorized structures on such Lot are accessory.
úOû163
8. "property" shall mean and refer to that certain real property known as the
Stewart creek subdivision, in accordance with the plat to be filed for record in the
office
of the Lincoln County clerk in Lincoln county. wyoming. as plat NO.. and such
additions
thereto as may hereafter be brought within the jurisdiction of the Association.
9. "structure" shall mean anything built or placed on the ground, excluding fences
ARTICLE II - PROPERTY RIGHTS
1. OWners Easements of Enjoyment. Every owner shall have the right and
easement of enjoyment in and to the Common Areas, which shall be appurtenant to and
shall pass with the title to every Lot, subject to the following provisions:
a. The right of the Association to charge reasonable assessments for the use
and maintenance of the Common Areas as hereinafter set forth.
b. The right of the Association to establish rules and regulations. including
speed limits, for the use of the Common Areas and to impose reasonable
sanctions for the violations of the published rules and regulations.
c. The right of Declarants and their heirs, successors, assigns and invitees to
use of the Common Areas in perpetuity.
2. Delegation of the Association of Use. Any Owner may delegate, in accordance
with the Bylaws of the Association, his right of enjoyment to Common Areas only to
members of his family, his tenants or contract purchasers who reside on the
property.
o
ARTICLE III
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
1.
Association Membership. Declarants shall have all of the rights, powers and
authority of the Association until the Lot Owners have formally established the
Association, either as a corporation, unincorporated association or other legal
entity of
their choosing. The Lot Owners shall establish the Association by September 1, 2008,
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Stewart creek CCR's-l.txt
or
sooner. Every OWner of a Lot shall be a member of the Association. For purposes of
voting and meetings of the members, there shall be one vote for each Lot. Membership
shall be appurtenant to and may not be separated from ownership of any Lot that is
subject
to the assessment.
2.
Management of Association and property. The mana~ement and maintenance of
the property and the business, property and affalrs of the Association shall be
managed by
a Board of Directors as provided in this Declaration, its organizational documents
and
bylaws ("governing documents"). All agreements and determinations with respect to
the
property lawfully made or entered into by the Board of Directors shall be binding
upon all
of the owners and their successors and assigns.
3.
Board of Directors of the Association. The Board of Directors (the "Board") of the
Association shall consist of three (3) members, or such additional number as may be
approved by the members in accordance with its governing documents. The term of a
member shall be three (3) years, except that the terms of the members of the initial
Board
shall be one, two and three years. Thereafter, all members shall serve for a term of
th ree (3)
years. The Board shall be elected by a majority vote of the members of the
Association.
All Board members shall be an OWner or an officer, partner, shareholder or member of
an
owner.
4.
Authority and Duties. The duties and obligations of the Board and rules governing
the conduct of the Association shall be set forth in the governing documents as they
may
be amended from time to time.
5.
Limited Liability of Board of Directors, etc. Members of the Board and their
officers, assistant officers, agents and employees acting in good faith on behalf of
the
Association:
o
a.
shall not be liable to the owners as a result of their actlvltles as such for any
mistakes of judgment, negligence or otherwise, except for their own willful
misconduct or bad faith;
b.
shall have no personal liability in contract to an OWner or any other person or
entity under any agreement, instrument or transaction entered into by them on
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Stewart creek CCR's-l.txt
behalf of the Association in their capacity as such;
000165
c.
shall have no personal liability in tort to any Owner or any person or entity,
except for their own willful misconduct or bad faith;
d.
shall have no personal liability arlslng out of the use, or condition of the
property which mi~ht in any way be assessed against or imputed to them as a
result of or by vlrtue of their capacity of such.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
1.
creation of the Lien and Personal obligation of Assessments. Each OWner of any
Lot (with exception of unsold Lots owned by Declarants by acceptance of a deed
therefore,
whether or not it shall be so expressed in such deed, is deemed to have consented to
be
subject to these covenants and agrees to pay the Association:
a.
Annual assessment or charges; and
b.
special assessments for capital improvements, such as assessments to be
established and collected as hereinafter provided.
A general, continuing lien is hereby imposed on each Lot in the subdivision for the
payment of annual and special assessments imposed on Lots according to this
D@claration.
In connection with that general lien, all of the annual and special assessments,
together
with interest, costs and reasonable attorney's fees, shall be a charge on the land
and shall
be a continuing lien upon all those Lots on which each such assessment is made. Each
such
assessment, together with interest, costs and reasonable attorney's fees shall also
be the
personal obligation of the entity or person who was the Owner of such Property at
the time
when the assessment fell due.
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Stewart creek CCR's-l.txt
OOv~G6
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2. purpose of Assessments. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety and welfare of the residents
of the
property and for the improvement and maintenance of the Common Areas, to include
road,
trail and open spaces maintenance, Association employee's wages, mailing costs and
other
related expenses incurred on behalf of the Association.
3. Annual Budget. The Board shall prepare an annual budget estimate for Common
services and administration of the Association and fix the amount of the annual
assessment
based on its estimate. such annual budget shall be prepared and approved by the
Board at
least thirty (30) days in advance of each annual assessment period.
4. special Assessments for capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a
special
assessment applicable to that year only for the purpose of defraying, in whole or
part, the
cost of any construction, reconstruction, repair or replacement or a capital
improvement
including the Common Areas and shared access road, including fixtures and personal
property related thereto, provided that any such assessment shall have the assent of
at least
seventy-five (75%) of the members who are voting in person or by proxy at a meeting
duly
called for this purpose.
5. Notice and Quorum for Any Action Authorized under sections 3 and 4. written
notices of any meeting called for the purposed of taking any action authorized under
sections 3 or 4 of this article shall be sent to all members not less than thirty
(30) days or
more than sixty (60) days in advance of the meeting. At the first such meeting
called, the
presence of members or of proxies entitled to cast sixty percent (60%) of all the
votes of
the membership shall constitute a quorum. If the required quorum is not present
another
meeting may be called subject to the same notice requirement, and the required
quorum at
the subsequent meeting shall be one-half (1/2) of the required quorum at the
preceding
meetin~. No such subsequent meeting shall be held more than sixty (60) days
followlng the
preceding meeting.
6. uniform Rate of Assessment. special assessments must be fixed at a uniform rate
for all Lots and may be collected on a semi-annual or other periodic basis as
determined by
the Board. Annual/semi-annual assessments are to be assessed at the rate of $30 per
month
for developed lots and $15 per month for undeveloped lots.
o
7. Date of Commencement of Annual Assessments: Due Dates. The annual
assessments provided for herein shall commence as to all Lots subject to assessment
on the
first day of January, 2008. The first annual assessment for lots purchased
thereafter shall be
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Stewart creek CCR's-l.txt
adjusted according to the number of months remaining in the calendar year. written
notice
of the annual assessment shall be sent to every Owner subject thereto. The due dates
shall
be established by the Board. The Association shall, upon demand and for a reasonable
charge, furnish a certificate signed by an officer of the Association setting forth
whether
the assessments on a specified Lot have been paid.
8. Effect of Non-payment of Assessments: Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall bear interest
at the rate
of fifteen percent (15%) per annum. The Association may bring an action at law
against the
Owner personally obligated to pay the same, or foreclose the lien against the
property in
the same manner as real estate mortgages with power of sale are foreclosed in
wyoming
pursuant to w.s. 34-4-101 et seq., and any successor or replacement statute thereto.
No
OWner may waive or otherwise escape liability for the assessments provided herein by
non-use of the Common Areas or abandonment of his Lot.
9. Priority of the Assessment Lien. sale or transfer of any Lot or the recording of
any
mortgage or other lien against any Lot shall not affect the priority of the
assessment lien.
ARTICLE V - ARCHITECTURAL STANDARDS
1.
Architectural/Site Committee: organization. There shall be an Architectural/site
committee consisting of the Board as soon as the Board has been organized and is
operating.
2.
Initial Architectural/site Committee. The initial Architectural/site Committee shall
be Paul callens, Terence Moore and Matthew Maloney.
3.
Architectural/Site committee Duties. NO Lot Owner shall construct any Structure
on a Lot without prior approval of the plans for such construction by the
Architectural/Site
committee. It shall be the duty of the Architectural/site Committee to consider and
act
upon such proposals for the plan submitted to it from time to time, to adopt
o
Architectural/site Committee rules pursuant to this Article, and to perform such
other
duties from time to time delegated to it by the Association.
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Stewart creek CCR's-l.txt
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4.
Architectural/site Committee: Meetings, Action, Expenses. The Architectural/site
Committee shall meet from time to time as necessary to properly perform its duties
hereunder. The vote or written consent of a majority of its members shall constitute
an act
by the Architectural/site committee unless the unanimous decision of its members is
otherwise required by this Declaration. The Architectural/site committee shall keep
and
maintain a record of all action from time to time taken by the Architectural/site
committee
at such meetings or otherwise. unless authorized by the Association, the members of
the
Architectural/site committee shall not receive any compensation for services
rendered. All
members shall be entitled to reimbursement for reasonable expenses incurred by them
in
connection with the performance of any Architectural/Site committee function.
5.
Non-waiver. The approval of the Architectural/site committee of any plans,
drawings or specifications for any work done or proposed, or in connection with any
other
matter requiring the approval of the Architectural/site committee under the
Covenants,
shall not be deemed to constitute a waiver of any right to withhold approval as to
any
similar plan, drawing, specification or matter whenever subsequently or additionally
submitted for approval.
6.
Liability. Neither the Architectural/site committee nor any member thereof shall
be liable to the Association or to any OWner or project committee for any damage,
loss or
prejudice suffered or claimed on account of Ca) the approval of any plans, drawings
and
specifications, whether or not defective, Cb) the construction or performance of any
work,
whether or not pursuant to approved plans, drawings and specifications, Cc) the
development, or manner of development, of any property within the Property, or Cd)
the
execution and filing of a certificate pursuant to Section 6 above, of this Article,
whether or
not the facts therein are correct; provided, however, that such member has, with the
actual
knowled~e possessed by him, acted in ~ood faith. without in any way limiting the
generallty of the foregoing, the Archltectural/site committee, or any member
thereof, may, - - -
but is not required to, consult with or hear the Association or any Owner with
respect to
any plans, drawings, specifications, or any other proposal submitted to the
Architectural/Site committee.
o
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Stewart Creek CCR's-l.txt
ARTICLE VI - DESIGN STANDARDS
ûOûj.69
1.
General Standards. The following standards and restrictions are applicable to the
construction, remodeling, alteration and exterior refinishing of any and all
Structures and
improvements and site preparation upon each Lot.
2.
uniform Codes. All structures or improvements shall be erected in accordance with
the current edition of the following uniform codes:
a.
uniform Building code;
b.
International conference of Building Officials
c.
National Plumbing code
d.
National Electrical code; and
e.
National Fire Protective Association International
3.
Desi~n character. All buildings shall be constructed in character with each other
speclfically by using complimentary exterior roofing, building material and coloring
on
each building on the properties. All buildings will be painted or faced in colors
that blend
into the natural environment and landscape of the area.
a.
Exterior materials will be of rough sawed natural wood, peeled log,
stone, or similar rou~h textured natural material. No aluminum siding,
metal siding, vinyl slding, or cinder blocks shall be used as exterior
material without written approval. Roof materials shall be cedar shake
or shin~le, slate, or ribbed metal or metal shingle roofing with a non-
reflectlve flat color finish.
b.
All buildings must comply with either the current editions of the
uniform Building code, the National plumbing code, and the National
Electrical Code, or, if applicable, State of wyoming, and/or Lincoln
county Building and safety Codes.
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c.
Exterior colors shall be earth tones or such other colors as are approved
by the Architectural/site Committee.
4.
Building Design. The design of all buildings is subject to the following:
o
a.
No Structures or improvements shall be constructed on the properties
other than one (1) single family dwelling to be occupied by the owner,
his lessee, guests and servants, garage(s), a guest house for the use of
guests and not for rent, storage building(s) to be used to house vehicles,
equipment or supplies, and barn(s) to be used to house horses, if
permissible. All improvements shall be new, permanent construction
using good quality workmanship and materials.
b.
The minimum floor area of any single family residence shall not be less
than 2,000 square feet as measured by the exterior building dimensions
on the ground floor, exclusive of the garage, carport or unenclosed
porches or decks. However any structuré with a day-light basement may
have an 1800 square foot main floor. All residences must also include
an attached garage large enough for at least two (2) automobiles.
C.
NO structure shall be erected, altered, placed or permitted to remain on
the property which shall exceed two (2) stories in height. This shall not
include a walkout basement or underground garage.
d.
solar collectors shall not be considered roofs. NO unpainted metal roofs
shall be allowed.
e.
solar collectors may be of any construction, materials or pitch required
for efficient operation, but they shall not be placed on any structure in a
manner which causes objectionable glare to any neighboring resident.
solar collectors shall be integrated in the structure of a residence,
garage, carport, or other accessory building and shall not be free
standing.
f.
Setbacks shall not be less than thirty (30) feet from any side or rear
boundary line without prior Architectural/site Committee approval.
5.
Site Design. site design shall comply with the following requirements:
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Stewart creek CCR's-l.txt
OOv~7~
a.
Fencing shall comply with the following requirements; only fences
consisting of wood posts with top rail spanning 3 posts; no barbed
or two strand wire fences will be permitted.
wire
o
b.
All fuel tanks, water tanks, or similar storage facilities shall either be
constructed as an integral part of a structure, or shall be installed or
constructed underground.
c.
sanitary Facilities. Each sewage system is the responsibility of the
individual property owner and shall be installed at the expense of the
individual property owner and shall be constructed in conformity with
the laws of the State of Wyoming and Lincoln County, and no privy,
outside latrine, or other like facility shall be permitted except during
construction of a principal residence in which case it is required by this
Declaration to have such a facility. Every Owner shall refrain from
causing any water or pollution emanating from his Lot.
d.
Domestic water supply is the responsibility of each Owner and shall be
installed at his expense. All arrangements and facilities providing
domestic water shall conform to all laws and standards set by the State
of Wyoming, its departments and political subdivisions.
e.
All approaches from Lots to any Common Areas within the subdivision
shall include installation of a culvert to accommodate any water runoff.
6.
construction. The exterior of any building must be completed within twelve (12)
months after the commencement of construction except where such completion would be
impossible, due to size of the project, or doing so would result in undue hardship
to the
Owner because of strikes, emergencies, or natural calamities; provided, however,
that the
OWner is nonetheless obligated to either diligently pursue completion or removal of
the
building.
ARTICLE VII
LAND CLASSIFICATIONS, USES AND RESTRICTIVE COVENANTS
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Stewart creek CCR's-l.txt
c-Oö1.72
1.
Land Classifications. All land within the property has been classified into the
following areas:
a.
Residential; and
b.
Common Areas.
o
2.
General Restrictions. The following general restrictions shall apply to all land,
regardless of classification:
a.
NO building, structure, sign, fence, refinishing or improvement of any
kind shall be erected, placed, or permitted to remain on any Structure,
Lot or tract, and no excavation or other work which in any way alters
any Lot from its natural or improved state existing on the date the Lot
was first conveyed in fee by Declarant to an OWner shall be erected,
placed, done, or permitted to remain on any structure, Lot or tract until
the plans, specifications have been approved in writing and a building
permit has been issued by the Architectural/site committee. plans for
buildings for the refinishing or improvement of the same shall include
scaled floor plans, exterior elevations indicating height, a list of exterior
materials and a site plan.
b.
TWo copies of any proposed plans and related data shall be furnished to
the Architectural/site committee, one of which may be retained by the
Architectural/Site Committee for its records. Any approval given by the
Architectural/site committee shall not constitute a warranty, express or
implied, of compliance with any applicable building or safety codes for
any other purposes other than the authority for the person submitting the
plan to commence construction.
3.
Residential Area; Uses; Restrictions.:
a.
Each residential Lot shall be used exclusively for residential purposes,
and no more than one family (including its servants and transient guests)
shall occupy such residence; provided, however, that nothing in the
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Stewart creek CCR's-l.txt
subparagraph (a) shall be deemed to prevent:
COû1.73
i .
Construction of guest houses in accordance with this
Declaration;
i i .
Any home-based business that may be approved by the
Architectural/site committee, provided, that no mercantile,
o
manufacturing, mechanical, or primary business establishment
shall be allowed;
i i i .
The leasing of any lot from time to time by the Owner thereof,
subject, however, to all of the restrictions as may be adopted
from time to time by the Association.
b.
Each Lot, and any and all Structures and improvements from time to
time located thereon shall be maintained by the OWner thereof in good
condition and repair, and in such manner as not to create a fire hazard,
all at such Owner's sole cost and expense.
c.
There shall be no exterior fires whatsoever except barbecue fires
contained within barbecue receptacles, properly constructed permanent
outdoor fireplaces or fire pits, and such fires for vegetation and/or
rubbish control as may from time to time be permitted by the Lincoln
County fire regulations or during winter months.
d.
NO pigs, swine, goats, sheep, cattle, turkeys, chickens or any other
domestic animals or fowl shall be maintained on any Lot. The following
lots may allow up to two (2) horses: 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, and 16. All OWners of horses must maintain sufficient grass to
pasture or graze their horses and have no dirt pastures, and not more
than two adult dogs or cats or other generally recognized house or yard
pets; provided, however, that all animals shall at all times be restrained
or leashed and maintained on Owner's lot so as not to be or become a
nuisance or be allowed to run at large. Barking dogs constituting a
nuisance shall be confined in a sound resistant enclosure during normal
sleeping hours.
e.
No commercial signs whatsoever shall be erected or maintained upon
Pa,ge 14
Stewart creek CCR' s-1. txt 0001. 74
any lot. A wooden residential identification sign of combined total face
area of three (3) square feet or less may be erected. A sign advertising
the premises for sale may be erected as needed for such purposes,
provided sign does not exceed a combined total face area of six (6)
square feet.
o
f.
No noxious, offensive, or noisy activity (disturbance to the peace and
tranquility) shall be carried on upon any Lot, nor shall anything be done
or placed thereon which may become a nuisance, or cause unreasonable
embarrassment, disturbance, or annoyance to other owners in the
enjoyment of their Lots. In determining whether there has been a
violation of this subparagraph recognition must be given to the premise
that owners. by virtue of their interest and ownership in the
subdivision, are entitled to the reasonable enjoyment of its natural
benefits and surroundings.
g.
No manufactured or modular house, house trailer, mobile home, shack
or similar facility or structure shall be kept, placed or maintained upon
any Lot at any time. The phrase "manufactured or modular house"
means a house or other structure constructed at a location other than on
the Lot where it is to be located and then is moved in one or more pieces
on the Lot. The terms "house trailer" or "mobile home" as used herein
includes but is not limited to any bui1din9 or structure with wheels
and/or axles and any vehicle used at any tlme, or constructed so as to
permit its being used for the transport thereof upon the public streets or
highways and constructed so as to permit occupancy thereof as a
dwelling or sleeping place for one or more persons, and shall also mean
any such building, structure or vehicle, whether or not wheels and/or
axles have been removed, after such building, structure or vehicle has
been placed either temporarily or permanently upon a foundation.
However, Owners may keep a motor home, camp trailer or similar
recreational vehicle on a Lot so 10n9 as the vehicle is currently
registered and not used for residentlal purposes on the Lot.
h.
Each Lot OWner shall be responsible to pay assessments for the snow
removal and maintenance costs for the subdivision roads as long as they
are private roads in conjunction with all other Lot OWners. Bushes,
shrubs, weeds and all other vegetation shall be cleared and large trees
pruned within the road rights-of-way to improve visibility, with related
o
costs being common costs. such annual assessments shall not exceed
$1,000.00 per Lot unless approved in the same manner as required for
special assessments for capital improvements.
i .
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Stewart creek CCR's-l.txt
NO hunting of wildlife of any sort will be allowed within the confines of
the subdivision.
~~ inoperative vehicle shall be kept on the premises for more than thirty
(30) days unless parked in an enclosed building.
k.
All garbage and trash shall be placed and kept in covered containers
which shall be maintained so as not to be visible from neighboring
property. The cost of commercial trash collection shall be paid by each
owner, in accordance with the billing of the collector. No rubbish or
debris of any kind shall be placed or permitted to accumulate on any
Lot. No metal including without limitation scrap metal or metal drums
shall be kept, stored, or allowed to accumulate on any Lot except in an
enclosed structure.
1.
Owners shall not obstruct the Common Area. No vehicles of any kind
may be parked or left standing in the Common Areas.
ARTICLE VIII - GENERAL PROVISIONS
1.
Lot Splitting; Consolidation. No lots may be subdivided. TWo or more contiguous
Lots within the property may be combined. Such consolidated Lots may thereafter be
treated as one Lot and building site, and as such may be subjected to this
Declaration the
same as a single Lot except for the purpose of levying and collecting assessments.
2.
Notices; Documents; Delivery. Any notice or other document permitted or required
by this Declaration shall be delivered either personally or by mail. If delivery is
made by
mail, it shall be deemed to have been delivered seven (7) days after a copy of the
same has
been deposited in the United States mail, postage prepaid, addressed as follows: if
to the
Association or to the Architectural/Site committee, at such address as the
Association may
determine and notify all Owners and Declarants in writing upon its organization; if
to the
Declarants at P.O. Box 5280, 218 Upper Stewart creek circle, Etna, wyoming 83118
o
provided, however, that any such address may be changed from time to time by an
Owner,
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Stewart creek CCR's-l.txt
by the Architectural/site committee, or by the Declarant by notice in writing,
delivered to
the Association, if organized, or if not to all Lot Owners, and to Declarant.
3.
General Maintenance. The maintenance, alteration, replacement and/or repair of the
Common Areas shall be the responsibility of the Board. The Board, as part of its
responsibilities, shall provide for maintenance, repair, snow removal, and
maintenance
activities on all roadways. The maintenance, repair and replacement of all
improvements
on each Lot shall be the responsibility of the Owner of such lot.
ARTICLE IX
ENFORCEMENT, DURATION AND AMENDMENT
1.
Enforcement. The Association, or any owner, shall have the right to enforce, by
any proceeding at law or in equity. all restrictions. conditions. covenants.
reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. If
such a
proceeding is successfully brought, the party against whom the action was brought
shall
pay to the enforcing party all costs thereof including without limitation,
reasonable
attorney fees in addition to any other relief that may be granted. Failure by the
Association
or by any OWner to enforce any covenant or restriction herein contained shall in no
event
be deemed a waiver of the right to do so thereafter.
2.
Duration of Restrictions. All of the covenants, conditions and restrictions set
forth
in this Declaration shall continue to remain in full force and effect at all times
against the
property and the OWner thereof, subject to the right of amendment or modification
provided for in this Article, for a term of twenty (20) years, after which time they
shall
automatically be extended for successive periods of twenty (20) years.
3.
Amendment. This declaration may be amended during the first twenty (20) year
period by an instrument in writing signed by not less than ninety percent (90%) of
the Lot
owners, and thereafter by an instrument in writing signed by not less than
seventy-five
percent (75%) of the Lot owners, which amendment becomes effective when the
instrument is recorded in the office of the county clerk of Lincoln county, wyoming.
page 17
Stewart creek CCR's-l.txt
00&:177
o
4.
Violation Constitutes Nuisance. Every act or omission, whereby any restriction,
condition or covenant in this Declaration set forth, if violated in whole or in
part, is
declared to be and shall constitute a nuisance and may be abated by Declarant or its
successors in interest, the Association and/or by any Lot Owner; and such remedies
shall
be deemed cumulative and not exclusive.
5.
construction and validity of Restrictions. All of said covenants, conditions and
restrictions contained in this Declaration shall not be construed together, but if
anyone of
the said conditions, covenants of reservations, or any part thereof, is invalid, or
for any
reason becomes enforceable, no other condition, covenant, or reservation, or any
part
thereof shall be thereby affected or impaired; and the Declarant, grantor and
grantee, their
heirs, successors and assigns, shall be bound by each Article, Section, subsection,
paragraph, sentence, clause and phrase of this Declaration irrespective of the fact
that any
Article, section, subsection, paragraph, sentence, clause or phrase be declared
invalid or
inoperative or for any reason become unenforceable.
6.
NO waiver. The failure of the Declarant, the Board or its agents and the Owners to
insist, in one or more instances, upon the strict performance of any of the terms,
covenants,
conditions or restrictions of this Declaration, or to exercise any right or option
herein
contained, or to serve any notice or to institute any action, shall not be construed
as a
waiver or a relinquishment, for the future, and they shall remain in full force and
effect.
The receipt and acceptance by the Board or its agent of payment of any assessment
from an
Owner, with the knowledge of the breach of any covenant hereof, shall not be deemed
a
waiver of such breach, and no waiver by the Board of any provision hereof shall be
deemed to have been made unless expressed in writing and duly signed by or on behalf
of
the Board.
7.
variances. The Architectural/Site committee, in its sole discretion, may allow
reasonable variances and adjustments of the fore~oing covenants, conditions and
restrictions in order to overcome practical difflculties and prevent unnecessary
hardships in
the application of the covenants contained herein. Any variances or adjustments of
these
conditions, covenants and restrictions granted by the said committee, or any
acquiescence
or failure to enforce any violations of the conditions and restrictions herein,
page 18
00&1.78
Stewart creek CCR's-l.txt
shall not be
deemed to be a waiver of any of the conditions and restrictions in any other
instance.
o
ARTICLE X
PROPANE GAS SYSTEM
There shall be no storage of propane gas or other similar substance in either
underground or aboveground tanks on any Lot without prior approval of the "
Architectural/Site committee excepting propane tanks for grills, 5 pounds or less.
ARTICLE XI
SPECIAL EXCEPTION
The HOA acknowledges that the garage on Lot 10 is built outside the building
envelope and has grandfathered this event. This event shall not adversely effect
this lot's
ability to improve or increase the buildings on this lot within the rules of the
HOA.
IN WITNESS WHEREOF, Declar,ant has caused this First Amended
Declaration to be duly executed as .of the ~ ~. day of
200~. I ,I
'I.... .'
.... ';
.. ~.: ¡' '.
Terence L. Moore
//
/"
I ;.
; I
Paul callens
TctW\M.A..{ CÄtl~u~
SUE E. (;PIF!=ÎN - ,.' IiIÖTAAV PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
19,2011
TARY PUBLIC
1Ç9&:JNTY OF . STATE OF
õLlNCOlN WYOMING
MY COMMISSION EXPIRES OCTOBER 19, 2011
Matthew Maloney, Joint Partner
Stewart Creek subdivision LLC
Bob Meikle, Joint partner
Stewart Creek
" J.'
/
, .
. i ~ '
Kenneth Jones
STATE OF WYOMING:
SUE E. GF,ìf'FiN .' NOTARY PUBLIC
COUNTY OF Ct STATE OF
LINCOLN '. i. 'ûV"'OMING
MY COMMISSION EXPIRES octOBER 19, 2011
SHARON M, SMITHERMAN - NOTARY PUBLIC
. COUNTY OF ~ STATE OF
,: TETON ., WYOMING
:¡ ;\~ Commission Expires Februar 18, 2009
Page 19
~rd da..r1 ~ ~t
~~.~
~ - /8 -doC) Y'
COUNTY OF LINCOLN:
Stewart Creek CCR's-l.txt
OOû179
o
The foregoing instrument was ac~nowledJLed before meAby Terenc~ L. Moore, Paul
callens, Matthew Maloney, and th,s ~:::i day of /Vð(/~I:Je..r-
2008
witness my hand and official seal.
~¿1A~~
NOTARY PUBLIC
My commission expires: ~~
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¡q[ cZD ~I
page 20
JAMES ROBINSON NOTARY PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
MYCOMMISSION DPIREs OCTOBER 19, 2011
MALONE TNER 00v1.80
CREEK SUBDIVISION LLC
Z OD'f
On rz;e" .L¡ ,.2.OOß';""personally appeared before me MATTHEW MALONEY the
signer(s) of the within instrument, who duly acknowledged to me that HE executed the same,
State of lJ~1 0 W1 (tJ ~
County of è-.¡ rJ co LA!
~ ~.
~~-4t:- ..-l ~
Notarial Officer/' ~
ReSiding4~/~~~
Expires: / "0 1/
11
BOB MEIKLE,
STEW ART C
JAMES ROBINSON NOTARY PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES OCTOBER 19,2011
OINT PARTNER
EK SUBDIVISION LLC
4 Z DOC¡
On FEf3. ,2008, personally appeared before me BOB MEIKLE the signer(s) of
the within instrument, who duly acknowledged to me that HE executed the same.
State of
County of
Wl..-/D yvt I rJé:r
L-ItJc.OL--N
~~~
... ~ "''''
JAMES ROBIÑŠOÑ - - NOTARYPiJBLlC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES OCTOBER 19 201f
On :d-r.C<"I>"- ¿y, / Ú ,2008, personally appeared before me KENNETH JONES the
signer(s) of the within instrument, who duly acknowledged to me that HE executed the same,
.
State of ¿J~
County of L .
~~~
Residing: 7h~
Expires:C)£!..f If
JAMES ROBINSON NOTARY PUBLIC
COUNTY OF;. STATE OF
LINCOLN WYOMING
MYCOMMISSION EXPIRES OCTOBER 19,2011
It//--·
00&18:1
On ~ - 5 , 2008, personally appeared before me TERENCE L. MOORE the
signer(s) of the within instrument, who duly acknowledged to me that HE executed the same.
State of 0~~
County or:;;z.cl ~~ .~ V1
c---~
Notarial Office
Residin~ :""'1 w ';1
ExpIres' f 1 ,7--0
,
JAMES ROBINSON NOTARY PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES OCTOBER 19, 2011
~
PAUL CALLENS
On d - 5" 2008, personally appeared before me PAUL CALLENS the signer(s)
of the wiE instrument who duly acknowledged to me that HE executed the same.
State of ~~
County 0 ~ b.ún :fr:fx'.
=- bAR ~
Notarial Officer
"
Residin~1 "-', ~t
ExpIres .J (Cf
J
JAMES ROBINSON NOTARY PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES OCTOBER 19,2011
<ÂAÁÆJ'/v O~
T~ENS
On c:L.... 5' ,2008, personally appeared efore me TAMMY CALLENS the
signer(s) of the within instrument, who duly acknowle ged to me that SHE executed the same.
. I
I
State of p~~
Countyo~~T~
~~
Residin~'ï 1V0'3j
ExpIres: Z. \
J
-
JAMES ROBINSON NOiÄRY PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES OCTOBER 19,2011