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HomeMy WebLinkAbout950100AN AMENDMENT TO INSTRUMENT #943873 As Recorded in Lincoln County, Wyoming COVENANTS AND RESTRICTIONS OF THE GOMM FAMILY ASSOCIATION SUBDIVISION As amended October 16, 2009 RECEIVED 10/20/2009 at 10:44 AM RECEIVING # 950100 STATE OF WYOMING BOOK: 734 PAGE: 199 COUNTY OF LINCOLN SS. JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WHEREAS, the entire property now known as the Gomm Family Association Subdivision was previously wholly owned by the Gomm Family Association, Inc. (hereafter called GFA, Inc.) with each of the seven children of Ben and Opal Gomm as shareholders. For legal reasons the GFA, Inc., Board of Directors (hereafter called the Board) has elected to subdivide the property and give ownership of individual lots to the children of Ben and Opal Gomm, as surveyed and approved by the County Commissioners of Lincoln County, Wyoming, to be known as the Gomm Family Association Subdivision. The Gomm Family Association Subdivision is governed by the GFA, Inc. Board; and under its direction, managed by its Management Committee. WHEREAS, it is the desire of the Gomm Family that unity and cooperation of all participants be an essential goal of the owners of lots in this subdivision, and WHEREAS, the undersigned desire to place certain covenants and restrictions on said subdivision for the benefit and protection of the undersigned and those owning lots in said subdivision; and WHEREAS, the undersigned desire that this instrument (943873 as amended) shall define the covenants and restrictions upon said subdivision and shall be incorporated by reference into the deeds and contracts to persons owning and/or purchasing a lot located in said subdivision with said covenants thereby intended to apply to each lot and to run with the land through subsequent transactions. NOW, THEREFORE, all of the property as described in the Gomm Family Association Subdivision amended above described, is subject to the following listed covenants and restrictions, to wit: A. GENERAL TERMS All of the land previously held by the Gomm Family Association, Inc. was surveyed and divided into eight (8) lots as shown on the division plat as Gomm Family Association Subdivision Amended described and recorded in Lincoln County, Wyoming as Instrument #943628 Amended, hereinafter referred to as the "Plat." Individual lot ownership was conveyed to those named thereon subject to covenants and restrictions hereafter set forth, and titles to individual lots were recorded in the office of the Clerk of Lincoln County. All persons who own or have use of any lot shall be subject to the binding agreements, covenants, and restrictions contained in the Covenants and Restrictions of the GFA, Inc., Subdivision and the Bylaws of the Gomm Family Association, Inc., including any that may hereafter be approved by the Board of the GFA, Inc. The heirs and/or successors of such owners shall also be required to conform to and observe the same. 2. The Gomm Family Association, Inc. Board of Directors has established a Gomm Family Association Subdivision Management Committee (hereafter called the Management Committee) composed of seven (7) members including one representative from each of the owners of Lots 1-7 who will serve without pay or other compensation. Lot 8 as shown on the above referred to amended Plat (survey #943628 as amended), which consists of that part of the pond included in the subdivision, shall remain in the ownership of the Corporation and shall be managed by the Management Committee under the direction of the Board of Directors as part of the common use area. In the event that the Board determines that the pond be drained permanently, or for other reasons the Corporation determines to divest itself of Lot 8, said lot shall GFA C&R Page I of 7 10/16/09 $0.00200 be divided by extending the boundary lines that now divide the five (5) lots on the east bank of the pond to the west boundary of the subdivision, (per survey instrument #943628) and ownership will be given by quit claim deed from the Corporation, without cost of the land, to the owners of each of the five (5) adjacent land lots. This provision of the Covenants and Restrictions may not be changed by the Board of Directors, or others, and such residual right to ownership shall be reflected on the share held by the lot owner and conditions herein stated. (See Attachment A, "Sample of Certificate of Shares" revised as of October 16, 2009.) 4. These covenants and restrictions remain binding unless an instrument is signed by five (5) of the seven (7) GFA, Inc. Director/owners of the lots who agree to changes in said covenants in whole or in part with the exception of A-3 regarding disposition of Lot 8 which may not be changed. 5. An annual meeting of the Management Committee will be held each year in April or May at a time and place designated by the Chairman. Other meetings may be called when two (2) or more of tale members of the Committee deem it necessary. Advance notice and agendas must be distributed at least two weeks prior to any meeting. A quorum of not less than six (6) is required for all meetings held by the Management Committee, and established voting procedures must be followed. Detailed minutes must be taken, incorporated into the general records of the Management Committee, and made available upon request to the general family membership within two weeks following any such meeting. Family members of all lot owners may attend and observe at any regular meeting of the Management Committee. B: SELECTION, TERM, AND RESPONSIBILITIES OF MANAGEMENT COMMITTEE OFFICERS 1. The Management Committee shall consist of seven (7) members, each representing one of the seven (7) individually owned lots. A member of the Management Committee shall be limited to: (1) the owner of one of the seven individually owned lots who is a Gomm family member and/or a specified heir of one of the children of Ben and Opal Gomm, (2) a specified representative from the Gomm family involved if the lot owner is an otherwise entity, such as a trust; (3) the owner of the lot if it is owned by a non-Gomm family member, and (4) a proxy designated by the owner from his/her family. 2. Voting will be limited to one (1) vote per lot owner with seven (7) votes total. A member of the Management Committee may designate a proxy as stated previously in B 1(4) to represent and vote in his/her place but may not make such a choice for any other members. 3. A Chairman to be the principal officer and director of the Management Committee will be selected from its members by rotation according to the chronological birth order of the original seven (7) children (Merrell, Bryant, Ben, Thiel, Veretta, Lila, Lyle). The term of office shall be one (1) to three (3) years, as approved by the other members of the Management Committee. 4. A Vice Chairman will also be selected by a similar rotation, one step removed, and will replace the Chairman at the end of his/her term of service. Should a nominee for either Chairman or Vice Chairman decline or be unable to serve, the Committee may rotate the office to the next in line. A non-Gomm family owner will fit into the rotation in place of the previous Gomm owner of his/her lot. 5. A Secretary/Treasurer for the Management Committee will be selected by the Corporation Board from the family members at large and shall have no separate vote. The term of office will be three (3) to five (5) years with a consecutive one-term limit. The Management Committee Secretary/Treasurer will be responsible for disbursing funds allocated from the Board to meet GFA, Inc. and Management Committee needs for the operation and maintenance of the Subdivision's infrastructure, Lot 8, financial obligations, and other assigned responsibilities. Disbursement of funds will require the signatures of two (2) Management Committee officers if by check, or approval by two (2) officers if paid on-line. The Secretary/Treasurer will keep two financial ledger accounts of expenditures, one for Subdivision Lots 1-7 and another for Lot 8 and will prepare a yearly financial statement for presentation at the annual Board meeting as well as for use by Management Committee members as needed. Once each year, the financial records kept by the Secretary/Treasurer will be audited by two members of the Board who are other than the current officers. GFA C&R Page 2 of 7 10/16/09 The Secretary/Treasurer shall also attend and take detailed minutes of meetings of the Management Committee and distribute them to the Board and to Management Committee members in a timely way, see that all required notices are duly given, keep an accurate record of all post office addresses and telephone numbers of each committee member, and serve as secretary to the organization as requested. 6. If needed, replacement of vacancies and removal of officers shall follow the procedures outlined in the Bylaws of the GFA, Inc. 7. A member of the Management Committee shall be presumed to have assented to any action taken unless his/her dissent is entered in the minutes or unless he/she files such dissent with the Secretary immediately after the adjournment or, if absent, within five (5) days of the meeting. Such right to dissent shall not apply to a member who voted in favor of such action. 8. Officers and members of the Management Committee may not commit the GFA, Inc., or Management Committee for contracts, loans, or other financial obligations beyond those authorized by the Board. 9. Responsibilities of the Management Committee shall include operational decisions regarding the management and maintenance of the subdivision facilities, infrastructure, common areas, and Lot 8 within the scope of these Covenants and Restrictions, the GFA, Inc. Bylaws, and Board guidelines and policy. They shall also make recommendations to the Board regarding amounts to be assessed for annual dues, special needs, and work projects to be considered. They shall also enforce regulations and restrictions for the safety and protection of persons and property on land and property which they manage. C: MAINTENANCE OF BUILDINGS, PROPERTY, AND OTHER FACILITIES 1. All new buildings must meet acceptable building standards and quality and appearance guidelines as established and approved by the Board of Directors. Only one (1) permanent residential structure will be permitted on each lot. All lots are subject to these Covenants and Restrictions and, except for Lot 8, shall be used for single family residential purposes only. 2. Any new construction shall be no closer than ten (10) feet to the lot boundary unless variance is secured from the adjoining property owner. 3. No improvement shall be built unless it conforms with all requirements of the Lincoln County planning authority. 4. All roofs must be covered with wood shakes, asphalt shingles, or metal paneling of a brown color, depending on insurance requirements. 5. While lots are approved for only one (1) family unit, immediate family members and/or guests may temporarily occupy the premises with the lot owner. Trailers, motor homes, and other camp-type facilities may be used for short-time visits but may not be stored on lots for extended periods of time when not in use. 6. Rubbish, trash, and/or debris on all lots must be cleared away regularly by the owner and may not be left on the property. No dumping of any kind is allowed on lots. All vehicles, trailers, and the like must be in operating condition and may not be left unused on the property for extended periods of time. Excess building materials and other such items must be stored neatly and cleared and removed in a timely way when the projects requiring them are completed. 7. Any maintenance or improvement item approved by five (5) of the seven (7) members of the Board and done for the common benefit of the neighborhood will be maintained by all owners; and all expenses, repairs, and costs of operation will be paid for equally either by special assessment or from funds allocated to the Management Committee. 8. The lot owner must maintain appropriate care of grass, trees, septic tanks, and other features on his/her lot. Lawns must be mowed periodically throughout the summer months beginning no later than 4 July each year, both for appearance and to reduce the fire hazard. Weeds must be controlled to prevent their spreading to neighboring lots. If not performed on time, and after due notification, GFA C&R Page 3 of 7 10/16/09 CTV202 the Management Committee may hire out this work to a maintenance person or a qualified pesticide applicator and the owner will be charged for the expense. D: ACQUISITION AND DISTRIBUTION OF FINANCIAL OBLIGATIONS FOR MAINTENANCE OF INFRASTRUCTURE AND UTILITIES The Management Committee shall recommend to the Board an itemized amount needed to cover the expenses of performing its assigned responsibilities for the coming year. This amount should be sufficient to cover roadway maintenance; water source and main line; sewage disposal main line and drainage field; electrical service charges for operation of the well pump; premiums for liability insurance relating to the Gomm Family Association Subdivision; taxes, insurance, and expenses for Lot 8; upkeep of the Picnic area; and all other responsibilities given to the Management Committee. E: RESTRICTIONS ON USE OF INDIVIDUAL LOTS The following restrictions on the use of individual lots shall be implemented with this document. Other restrictions as deemed necessary and appropriate may be established or changed from time to time by the Board of Directors. No activity of any kind will be permitted on any subdivision property that violates or transgresses any law or provision established by any governing agency with jurisdiction over the property, its owners, residents, or guests. Should violations occur, the Gomm Family Association, Inc., and Management Committee will fully participate in compliance with and enforcement of such laws and/or provisions providing that such laws are in compliance with the Constitution of the United States. 2. No noxious, illegal, or offensive activity will be conducted upon any lot, nor will anything be done thereon which may be or may become an annoyance or nuisance to others in the subdivision. This provision includes but is not restricted to use of illegal drugs or illicit activities and/or excessive alcohol use. 3. Fireworks of any kind are prohibited within the Gomm Family Association Subdivision. 4. The use of firearms is prohibited except for self defense and the control of obnoxious vermin (i.e. ground squirrels, muskrats, and the like) and then only when the safety of persons, livestock, and/or property is not jeopardized. 5. Outside burning of garbage and non-toxic waste products is permissible within legal guidelines and is restricted to covered burn barrels or enclosed fire rings. All such materials must be completely burned for public safety, odor control, and so as not to provide breeding places for flies, rodents, etc. All can residue, ashes, broken glass, and other hazardous materials must be removed regularly. Such fires must be appropriately set, supervised, and put out to prevent unwanted fire or other damage. 6. No extensive commercial activity of a permanent nature, rentals, or time share use ownership with other than family members is permitted. Lot owners may allow short-term use of their facilities by other than family members, but owners must notify neighboring lot owners if such guests are not accompanied by the owner or members of his/her family. Guests must abide by all covenants and restrictions, and it is the responsibility of the lot owner to make them aware of such. Lot owners are responsible for his/her guest's conduct and have the responsibility to deal with any problems that arise as well as assume liability for any damage to persons or property that may occur during such visits whether or not he or she accompanies them. 7. Access to and use of Lot 8 and the remainder of the pond (per permission of its owner) is available to all Corporation shareholder/lot owners and their families and guests with the provision that all rules and agreements pertaining to such use are accepted and followed by them, their families, and their guests and is subject to adequate supervision of children, respect for property, observance of appropriate safety rules, and compliance with other restrictions established by the Board of Directors. All users (including expert swimmers) must wear flotation vests at all times when they are in or on the water, exercise appropriate consideration for the safety of themselves and others when in, on, and around the water and in the surrounding area, exercise proper use and care of equipment, and promptly repair or replace any damaged or lost property (i.e. boats, floats, docks, GFA C&R Page 4 of 7 10/16/09 OGGP"03 oars, residential facilities, etc.). No dunking, running, pushing, or other unsafe practices are allowed either in or around the pond. No lifeguard shall be provided and all children must be personally supervised by their parents or another assigned adult at all times. All users accept and assume all risks inherent in such an amenity and its environment whether summer or winter. Lot 8 and other GFA subdivision owners, members of the GFA, Inc. Board of Directors, Corporation shareholders, and Management Committee members shall be indemnified and held harmless for any accidents, damage, injury, death, or other mishaps that may occur. This indemnification and hold harmless includes the expenses of reasonable attorney's fees, court costs, and any damages assessed against any party because of the use or maintenance of Lot 8, other parts of the pond, or its surroundings. The owners of Lots 1-7 and the Management Committee have the right to refuse or limit access to Lot 8 and other parts of the pond. Neither GFA, Inc, lot owners, nor the Management Committee assumes any liability whatsoever for accidents, injuries, death, or other problems occurring in or around the pond. 8. Fencing between individual lots is prohibited, and traveling across individual lots whether by foot or vehicle is limited to approved roads and existing approved pathways. 9. Dogs must be kept restrained on the animal owner/family's lot or on a leash if the animal is taken off that assigned property. Dogs may not be allowed to bark or howl unduly and should not be left unattended for any length of time. Animal owners are responsible for the damage caused by pets, and all pet residues must be cleared daily to avoid nuisance to others, odor, and insect infestations. 10. Overnight parking of motor homes or camp trailers is not permitted on the established roadways within the Gomm Family Subdivision. Any parking shall not block or hinder movement of other vehicles within common areas. 11. Rights to the use or trespass on properties adjacent to that owned by an individual lot owner are not automatic. All use or access on the property of others requires personal written or verbal consent to do so from the owner of such property for each event. 12. While main roadway right of access shall be provided across each property, such easements do not include private driveways or turn areas. It shall be the right of the lot owners to reconfigure the access road on his/her own lot if they choose to do so, at their own expense. 13. Roadway use is primarily for ingress and egress to and from lots within the subdivision. Roadways and paths are not to be used as a raceway or track for all-terrain vehicles (ATV) and other vehicles, such as motorbikes, go-carts, motorcycles, snowmobiles, etc. Vehicular traffic of all types shall be restricted to reasonable, slow, and safe speed limits as determined by the Board of Directors, which shall give appropriate consideration to the peace and quiet of surrounding residents as well as to restricting dust and noise from such traffic. 14. Users of the Picnic area must exercise appropriate care with respect to trees, water features, and other environmental properties of the Picnic area, and they are responsible for repair and/or replacement of any damage to environmental or physical facilities therein. The area is designed for pedestrian use only and no motorized vehicles are allowed except for maintenance and service equipment. All trash must be removed and the area cleaned up after each use. The owner of the land used as a Picnic area nor the GFA, Inc., or its Management Committee assumes any liability whatsoever for accidents, injuries, death, or other problems occurring as a consequence of use or trespass of this area. F: GENERAL PROVISIONS These covenants and restrictions shall be binding upon all parties and persons who own or use lots in this subdivision, including families and guests, subsequent owners, and other users, as indicated by the signature of the current lot owners or their family representative, (if representing a family's entity such as a Trust) and shall carry over and be binding upon any subsequent owner(s) of any lot and their families and guests. It is understood that each of the signers/lot owners has read this document and accepts it in its entirety as binding on all concerned. 2. When necessary, enforcement shall be by proceedings at law or in equity against any person violating any covenant or restriction either to require compliance, restrain violation, or to recover GFA C&R Page 5 of 7 10/16/09 000904 damages. The prevailing party in any action shall be entitled to recover their costs and reasonable attorney's fees incurred in such action. G: COMMON USE AREAS The properties above described shall be subject to a perpetual easement for the main access roadways, (which do not include driveways or turn areas), sewer lines, culinary water systems, main water lines, and utility lines as generally depicted on the plat of the Gomm Family Association Subdivision Amended and filed in the Office of the Lincoln County Clerk, Lincoln County, Wyoming; and each lot is subject to the common usage of the main access roadway, sewer lines, utility lines, well, pump, and main water lines which use shall be maintained for the common use and benefit of the property owners of the previously described subdivision. An easement for common use of a suitable multi-family group picnic area, yet to be located and described, will be granted to the Subdivision by the owner of Lot 6, at a location mutually agreed to, and that group area will be managed and maintained by the Management Committee. 2. In the event that Lot 8 is drained and redivided as defined in this document and the Bylaws, the owner of Lot 6 has the right to withdraw the easement to use the Picnic Area if so desired. Each property owner in the Gomm Family Association Subdivision does hereby grant to all other property owners in the subdivision a continuing and perpetual easement for the purpose of access including ingress and egress on the main roadway, utilities including water, sewer, power, telephone, and any other utility lines as depicted on the above referred to plat, which easement shall be granted to each respective property owner for the purpose of their mutual benefit. All parties owning property in the subdivision desire to grant easements to each other allowing each party and their invitee's to access the main roadways, and utility areas as depicted on the plat for common usage of said areas for the benefit of all property owners. 4. Each party agrees to pay its assessed pro rata share of the operation and maintenance of the common areas including the roadways and utilities annually or at such other time as specified by the Board and accepts this Covenant for Maintenance Assessment and Creation of lien and personal obligation for payment of the assessment. Each owner of any lot by acceptance of the deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Board any assessments or charges that are levied by vote of members of the Board. In the event that the assessment is not paid, the Board is authorized to initiate appropriate action to recover the same together with interest at the highest legal rate, costs and reasonable attorney's fees, and the same, including the assessment, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees shall be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. Indemnification - Each lot owner shall indemnify and hold the other lot owners harmless for any damage or injury, whether property or personal, to themselves, their families, or any third party whom any owner or party allows to use the above described common areas. This indemnification and hold harmless includes the expenses of reasonable attorney's fees, court costs, and any damages assessed against any party because of the use or maintenance of the common area by the other party. Signatures i e C. Gomm Bryant Gomm Ben P. Gomm Bever . Gomm Doroth Ann B. Gomm Z20 re`?e z~ GFA C&R Page 6 of 7 10/16/09 00t' ?05 Lola B. Gomm i' Lila G. Webb yle B. Gomm STATE OF )ss. COUNTY OF Annette J. . Gomm The above foregoing instrument was subscribed and sworn to before me this 1l1 day of ZtCrziz~ 5 rr- , 200!2 WITNESS my hand and official seal. 1'-fir N ary Public r sr f . NOTARY PUBL!C~„ ~.t y 81iLPHEN M. BURTON 320 E: GENTILE ST. ' LAYTON, UT 8404.1 My boot fission expires Feb. 9, 2010 o+' State of Utah G r it/o:,g/ ~u fr S j'/t€3Er , - /fr r/rw-c GFA C&R Page 7 of 7 10/16/09