HomeMy WebLinkAbout953149RECEIVED 4/28/2010 at 2:19 PM
RECEIVING 953149
BOOK: 746 PAGE: 251
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Declaration
of
Covenants, Conditions and Restrictions
for
Snake River Junction
COMMERCIAL AREA
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SNAKE RIVER JUNCTION
THIS DECLARATION is made as of the Z 7 day of l'\�'' 1
Z6 10by ALPINE DEVELOPMENT GROUP, LLC a Wyoming limited liability
company (The Declarant).
RECITALS:
A. The Declarant is the owner of certain real property located in Lincoln County,
Wyoming, which is more particularly described as Lots 1 through 6, Snake River
Junction. h oi Lot 33 0 Snatre, Z,(es S ,)Ac.fiao.4 Sec-6 AA
1; h� C; rST A,ilanclaot
B. The Declarant is adopting these covenants, conditions and restrictions to preserve
and maintain the character and value of the Property for the benefit of all existing and
future owners of the Property, in conjunction with the commercial development of the
Property, as a first class commercial real estate project.
C. The Declarant has filed with the Clerk of Lincoln County, Wyoming, a
subdivision plat /the "Plat") which has been recorded ,as the Snake River Junction, [j
.Se. c-V °1 tJ� T 6 t M 3 f b rs r A e� edt leer N r. b be)
D. The Property identified as 1 o fi 3$ on Plat No. of SZR60 is hereby
made subject to the covenants, conditions, restrictions, reservations, assessments,
charges and liens contained or provided for in this Declaration, all of which shall be
enforceable equitable servitudes and shall run with the land.
E. The Property shall generally be known as the "Snake River Junction and by
such other or additional names as may be designated by the Declarant from time to
time.
NOW, THEREFORE, the Declarant hereby declares that all of the Property shall be
held, sold, conveyed, leased, transferred, used and occupied subject to the provisions
of this Declaration and the Act, including the covenants, restrictions, restrictions,
reservations, assessments, regulations, charges and liens contained or provided for
herein, which are for the purpose of protecting the value and desirability of the
Property as a first class commercial real estate project, and which shall be construed
as covenants of equitable servitude and hall run with the land and be binding on all
parties having any right, title or interest in the Property or any part thereof, and their
heirs, successors and assigns.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean the Snake River Junction
COMMERCIAL OWNERS ASSOCIATION, a Wyoming non profit association,
which is intended to regulate development and use of the Property and such additional
commercial property as may be made subject thereto, and its successors and assigns.
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 2
(300252
Section 2. "Property" shall mean the real property located in Lincoln County,
Wyoming which is described as Lots 1 through 6, Snake River Junction, together with
such additions and improvements thereto as may now be located on said real property
or as may hereafter be conveyed or brought within the ownership or jurisdiction of the
Association.
Section 3. "Lot" shall mean a commercial lot shown on the Plat referred to
in Section C of the Recitals, as said Plat may be amended from time to time in the
future in accordance with all applicable governmental rules and regulations.
Section 4. "Common Areas" and "Limited Common Areas" shall mean the
open space and common areas within the Property designated as such on said Plat
and any other real property (including walkways, lighting facilities, parking lots,
roadways, landscape areas, easements and improvements) acquired by the
Association by declaration, deed or easement for the common use and enjoyment
of all the Members of the Association.
Section 5. "Owner" or "Ownership" shall mean the record owner, whether
one or more persons and /or entities, of a fee simple title to each Lot, including
contract buyers of record but excluding mortgagees, contract sellers or others
having such interest merely as security for the performance of an obligation unless
and until said mortgagee or other holder of a security interest has acquired title to a
Lot which is a part of the Property pursuant to forfeiture, foreclosure or a
proceeding in lieu of foreclosure. An "Owner" shall mean all of the owners of a
particular Lot collectively and shall be jointly regarded as a single owner for
purposes of this Declaration. Any owner of an equity interest of record in a Lot,
and any partner, officer or shareholder of an entity which is an Owner of record,
may be treated by the Association as the representative of all the Ownership of
such Lot for purposes of receiving notices, voting and other matters.
Section 6. "Members" shall mean the Owners described in Article II
hereof, and the Owners of each Lot of commercial property hereinafter identified
by Declarant as a part of the Snake River Junction development.
Section 7. "Declarant" shall mean Alpine Development Group, LLC, a
Wyoming limited liability company, and their successors and assigns as the
developer of the Property.
Section 8.
the Association.
"Management Committee" shall mean the Board of Directors of
Section 9. "Site Committee" shall mean the site committee appointed by
the Board of Directors of the Association, as provided herein.
Section 10. "Design Guidelines" shall mean the Design Guidelines for
Snake River Junction Commercial Area attached hereto as Exhibit A, as the same
may be amended from time to time.
ARTICLE II
THE ASSOCIATION
Section 1. Membership. Every Owner of a Lot identified herein, or added
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 3
253
by future dedication, shall be a Member of the Association. Membership shall be
appurtenant to and may not be separated from Ownership of any Lot, and Ownership
of a Lot shall be the sole qualification for Membership. Each Ownership shall
constitute one Member.
Section 2. Voting. Voting by Members of the Association upon any
matter allowing or requiring a vote of Members shall be as follows: there shall
be (1) vote allowed for each Lot. If an Owner includes more than one person
and /or entity, the vote for said Member shall be cast in such manner as the persons
and/or entities constituting the same shall determine, but the decision of the
Management Committee as to the authority conferred upon one or more Owners
or other representatives by the Ownership in casting the one vote of the
Ownership shall be conclusive and binding.
Section 3. Management Committee.
(a) The administration of the Property on behalf of the Association shall be
conducted by a Management Committee consisting of five natural persons (or
such lesser number as may be determined by the Declarant pursuant to paragraph
(j) below), who are not required to be Owners and shall not be required to be
residents of the State of Wyoming.
(b) At each annual meeting of the Association, subject to the provisions
of paragraph (j) below, the Association shall elect members to fill any vacancies
on the Management Committee.
(c) Each Member of the Management Committee shall serve for a term
of two (2) years. The members of the Management Committee shall serve until
their respective successors are elected, or until their earlier death, resignation, or
removal. Any member of the Management Committee may resign at any time by
giving written notice to the Association. Any member of the Management
Committee may be removed from membership on the Management Committee by
a two -thirds majority vote of a quorum of the Association. Whenever there shall
occur a vacancy on the Management Committee due to death, resignation,
removal or any other cause, the remaining members of the Committee shall
appoint a successor member to serve until the next annual meeting of the
Association, at which time said vacancy shall be filled by the Association for the
unexpired term, if any. If no such successor is appointed due to a deadlock
between the remaining Committee members, a special meeting of Members may
be called by any Management Committee member to elect a successor.
(d) The members of the Management Committee shall receive no
compensation for their services, other than reimbursement of expenses, unless
expressly approved by a majority of a quorum of the Association: provided,
however, that any member of the Management Committee may be employed by
the Association in another capacity and receive compensation for such
employment.
(e) The Management Committee, for the benefit of the Property and the
Association, shall manage the business, property and affairs of the Property and
the Association and enforce the provisions of the Declaration, and may adopt rules
and regulations (including without limitation schedules of fines for violations)
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 4
governing the Property. The Management Committee shall have the powers,
duties, and responsibilities with respect to the Property as contained in the Act,
Article VII hereof and the other provisions of this Declaration and its charter and
by -laws, as well as any other applicable law.
(f) Regular or special meetings of the Management Committee shall be
held at such places within or without the State of Wyoming as all members of the
Management Committee shall determine. Otherwise, meetings shall be held at the
Property. A simple majority of the members of the Management Committee shall
constitute a quorum, and if a quorum is present, unless otherwise required by law
or the Declaration, the decision of a majority of .those present shall be binding on
the Management Committee. The Management Committee shall appoint all of the
officers of the Association. A meeting for the annual appointment of officers shall
be held at the first meeting of the Management Committee immediately following
the annual meeting of the Association.
(g) Regular meetings of the Management Committee may be held
without call or notice; provided, however, that if the meeting is to be held at a
place other than as decided at the annual meeting each year, at least 10 days prior
notice shall be given to all Committee members. The person or persons calling a
special meeting of the Management Committee shall, at least ten (10) days before the
meeting, give notice of the time and place thereof by any usual means of
communication. Such notice should specify the general purposes for which the meeting
is called: provided that the meeting need not be restricted to discussions of those items
listed on the agenda.
(h) Special meetings of the Management Committee may be called by the
president of the Association or by any two Management Committee members.
(i) Any member of the Management Committee may, at any time, waive
notice of any meeting of the Management Committee in writing, and such waiver shall
be deemed equivalent to the giving of notice to the member. Attendance by a
member of the Management Committee at a meeting shall constitute a waiver of
notice of such meeting except when a Management Committee member attends the
meeting for the express purpose of objecting to the transaction of any business because
the meeting was not lawfully called. If all the members of the Management
committee are present at any meeting of the Management Committee, no notice shall
be required and any business may be transacted at such meeting.
(j) The initial membership of the Management Committee may be less than
five, as determined by Declarant. Declarant shall have the option at any time to
turn over to the Association the total responsibility for electing and removing members
of the Management Committee and the officers. No term of office of a Committee
member or an Association officer or agent shall expire or otherwise be affected by the
expiration of such period during which the Declarant may control the Association, and
if the number of Committee members shall be less than five at the end of such period,
the vacancies may be filled in accordance with paragraph (c) above. It is expressly
understood that the Association may remain inactive until at least one -half of the
Lots have been sold by the Declarant.
(k) The fiscal year of the Association shall end on October 31 of each
year, or as otherwise determined by the Management Committee.
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 5
:.00255
Section 4. Meetings of the Association.
(a) The presence in person or by proxy at any meeting of the Association of
fifty percent (50 in voting interest of the Owners shall constitute a quorum. In the
event that such quorum is not present in person or by proxy, the meeting shall be
adjourned for up to two weeks as designated by the chairman presiding at the meeting,
at which time it shall reconvene and any number of Owners present at such subsequent
meeting shall constitute a quorum. Unless otherwise expressly provided in the
Declaration, any action may be taken at any meeting of the Owners upon the vote of
a majority in interest of the Owners who are present in person or by proxy and who are
voting.
(b) At all meetings of the Association, Owners may vote in person or by proxy
executed in writing by the owner or their duly authorized attorney in fact. Proxies
shall be filed with the secretary of the Management Committee before or at the time
of the meeting.
(c) There shall be an annual meeting of the Association each year as set by
the Management Committee, either at the Property or at such other place in Lincoln
County, Wyoming as may be designated by the Management Committee. The
Management Committee shall give written notice of the time and place of the annual
meeting, said notice to be delivered to the Members not less than ten (10) days prior to
the date fixed for said meeting.
(d) Special meetings of the Association may be held at any time at the
Property or at some other place in Lincoln County, Wyoming to consider matters
which, by the terms of the Declaration, law, or the charter or by -laws, require the
approval of all or some of the Owners, or for any other reasonable purpose. Special
meetings shall be called by written notice, signed by a majority of the Management
Committee, or by Members representing at least 20% in interest of all Owners and
delivered to all Members not less than fifteen (15) days prior to the date fixed for said
meeting. The notice shall specify the date, time and place of the meeting, and the
matters to be considered.
Section 5. Committee Officers.
(a) The Management Committee shall perform its functions and responsibilities
through those members of the Committee who are elected as officers annually by the
Committee, and through such agents or employees as the Committee may
appoint. The primary officers shall consist of a president, a secretary and a treasurer.
The offices of secretary and treasurer may be combined as one office. The
Management Committee may appoint such assistant officers as the Management
Committee may deem to be necessary or desirable. No officer shall receive
compensation for serving as such unless a majority, in interest of a quorum, of the
Members vote otherwise.
(b) Any officer shall be subject to removal, with or without cause, at any time
by the affirmative vote of a majority of a quorum of the members of the Management
Committee then serving.
Section 6. Other Matters. The Association may adopt a charter and by -laws
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 6
,00256
containing more detailed provisions governing the internal affairs of the
Association, to the extent the Management Committee deem such charter and by -laws
to be consistent with this Declaration.
ARTICLE III
STATUS OF OWNERS;
MANAGEMENT COMMITTEE
Section 1. Legal Status. The Owners do not constitute an entity of any kind,
and the sole legal entity created hereunder is the Association, which may be
incorporated in the future on approval of a majority of a quorum of the members.
The name of the Association shall be the name in which contracts shall be entered into,
title to property shall be acquired, held, dealt in and disposed of, bank accounts shall be
opened and suit shall be brought and defended by the Association, the Management
Committee or officers thereof on behalf of and as agents for the Owners in the manner
specified in this Declaration, the charter, the by -laws, or by applicable law.
Section 2. Management of Association and Property. The management and
maintenance of the Property and the business, property and affairs of the Association
shall be managed by a Management Committee as provided in this Declaration and
its charter and by -laws. All agreements and determinations with respect to the
Property lawfully made or entered into by the Management Committee shall be
binding upon all of the Owners and their successors and assigns.
Section 3. Powers and Duties of Management Committee. The Management
Committee, acting on behalf of the Association, shall have all the powers, duties and
responsibilities which are now or may hereafter be provided by the Act and this
Declaration, including but not limited to the followings:
(a) To make and enforce all Design Guidelines, house rules and
administrative rules and regulations covering the operation and maintenance of the
Property.
(b) To engage the services of a manager or managing company,
accountants, attorneys or other employees or agents and to pay to said persons a
reasonable compensation for their services; provided however, that any management
agreement may be terminable by the Management Committee for cause upon thirty
(30) days written notice and the term of any said management agreement generally shall
not exceed one (1) year, renewable by agreement for successive one (1) year periods.
(c) To operate, maintain, repair, improve, and replace the Common
Areas, including the entering into of agreements for the use and maintenance of the
Common Areas and adjacent contiguous property for the benefit of the Association.
(d) To determine and pay Common Expenses.
(e)
from the owners.
To assess and collect the proportionate shares of Common Expenses
(f) To enter into contracts, deeds, leases, and /or other written instruments
or documents and to authorize the execution and delivery thereof by the appropriate
officers.
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 7
C: a 257
(g) To open bank accounts on behalf of the Association and to designate
the signatures therefore.
(h) To purchase, hold, sell, convey, mortgage, or lease any one or more
Lots in the name of the Association or its designee.
(i) To bring, prosecute and settle litigation for itself, the Association and
the Property.
(j) To obtain insurance for the Association as needed.
(k) To repair or restore the Property following damage or destruction or a
permanent Faking by a power in the nature of eminent domain or by an action or deed
in lieu of condemnation.
(1) To own, purchase or lease, hold, sell or otherwise dispose of on
behalf of the Owners, items of personal property necessary to or convenient in the
management of the business and affairs of the Association and the Management
Committee and in the operation of the Property.
(m) To keep adequate books and records.
(n) To do all other acts necessary for the operation and maintenance of
the Property, including the maintenance and repair of the Property if the same is
necessary or desirable to protect or preserve the Property, provided that it is expressly
understood and agreed that any and all claims against the Declarant relating to the
Property for breach of warranties and similar claims shall not be made by or on behalf
of the Association, but must instead be made by the applicable Owner or Owners.
Section 4. Delegation of Powers. The Management Committee may
delegate to a manager or managing company all of its foregoing powers, duties and
responsibilities referred to in Section 3 above except: the final determination of
common expenses, budgets and assessments based thereon; the promulgation of rules
and regulations; the power to enter into any contract involving more that $10,000.00 in
any on fiscal year; the power to purchase, hold, sell, convey, mortgage, or lease any
Lot in the name of the Association; or any other power, duty or responsibility
nondelegable by law.
Section 5. Limited Liability of Management Committee, etc. Members of the
Management Committee and the Site Committee, and their officers, assistant officers,
agents and employees:
(1) shall not be liable to the owners as a result of their activities as such for any
mistake of judgment, negligence or otherwise, except for their own willful misconduct
or bad faith;
(2) 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 behalf
of the Association in their capacity as such;
(3) shall have no personal liability in tort to any Owner or any person or entity,
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 8
S8
except for their own willful misconduct or bad faith;
(4) shall have no personal liability arising out of the use, misuse or condition of
the Property which might in any way be assessed against or imputed to them as a
result of or by virtue of their capacity as such.
Section 6. Indemnification. The Association hereby indemnifies and holds
harmless any person, their heirs and personal representatives from and against all
personal liability and all expenses, including attorney's fees, incurred or imposed or
arising out of or in settlement of any threatened, pending or completed action, suit or
proceeding, whether civil, criminal, administrative or investigative, instituted by any
one or more Owners or any other persons or entities to which he shall be or shall be
threatened to be made a party by reason of the fact that he or she was a member of the
Management Committee or an officer or assistant officer, member, attorney or
manager of the Association or the Site Committee, other than to the extent, if an such
liability or expense shall be attributable to his willful misconduct or bad faith; provided,
further that in the case of any settlement that the Management Committee shall have
approved, the indemnification shall apply only when the Management Committee
approves the settlement as being in the best interests of the Association. Such right of
indemnification shall not be deemed exclusive of any other rights to which such
person. may be entitled as a matter of law or agreement or vote of Owners or of the
Management Committee or otherwise. The indemnification by the owners as
contained herein shall be paid by the Management Committee on behalf of the
Owners and shall constitute a common expense and shall be assessed and collectable
as such.
Section 7. No Amendment without Consent. The provisions of Section 5
and Section 6 above may not be amended with any retroactive effect so as to limit the
rights of any person otherwise entitled to the benefits thereof.
ARTICLE IV
PERCENTAGES OF UNDIVIDED INTEREST IN COMMON AREAS
Each of the Lots shall have an equal percentage of undivided interest in the
Common Areas, which interest shall be appurtenant to each Lot for all purposes, and
shall pass with title to each Lot, provided, however, that title to any Common Areas
shall be held solely by the Association and not the Owners, and the Association will
have full power and authority to acquire, hold and dispose of such property in
accordance with Article III above. It is expressly understood that the applicable
provisions of this Declaration set forth elsewhere herein, and not this Article, shall
govern assessments and charges, dispositions of insurance proceeds and other
proceeds or interests in this Property, voting and consents, and certain other matters.
ARTICLE V
ASSESSMENTS
The making and collection of assessments of any nature from Owners for their
share of common expenses (determined pursuant to this Article and the other
applicable provisions of this Declaration) shall be carried out by the Management
Committee in accordance with the following provisions:
Section 1. When Assessments Commence. Assessments for the Lots shall
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 9
C:10 0259
commence on that date which is one (1) month after the date any Lot is sold by the
Declarant.
Section 2. Shares of Common Expenses.
(a) Common Expenses. Each Owner of a Lot shall be responsible for an
equal proportionate share of all General Common Expenses, provided that the
Management Committee may, in its discretion, make equitable adjustments in such
shares to reflect the size and use of particular Lots, by one or more declarations of
adjustment recorded with the Clerk of Lincoln County, Wyoming Such "General
Common Expenses" include the following services obtained by the
Association: road maintenance and snow removal services, parking lot
improvement and maintenance, trash collection, provision of firewood, utility line
maintenance, cable television services for all Owners, landscaping, installation and
maintenance of walkways, security systems and security personnel and equipment,
Common Area facilities installation and maintenance, and a portion of the cost of
administration, landscaping and improvement of the Property (including accounting,
legal, equipment, personnel and overhead) deemed by the Management Committee, in
its discretion from time to time, to be fairly allocated to all of the Owners. Such
common expenses shall be the equal responsibility of all Owners, and the
Management Committee shall make appropriate adjustments from time to time,
deemed by it to be appropriate, to reflect the sale of Lots as contemplated by
Section 1 above. The Association in its discretion may bill specific Owners for
specific services (such as cable television services, provision of firewood, or repairs for
damage caused by the negligence of an Owner or invitees to the extent uninsured), as
a special assessment against the applicable Owner and their Lot. It is expressly
understood that the certain services, such as cable television and landscaping, may
or may not be provided by the Association and is subject to the discretion of the
Management Committee, and that certain services such as water and sewer services
may be provided by other entities such as a public water and sewer district.
(b) Limited Common Expenses. Each Owner of a specifically identified
Lot benefiting from the use and enjoyment of a Limited Common Area shall be
responsible for an equal proportionate share of all Limited Common Expenses,
provided that the Management Committee may, in its discretion, make equitable
adjustments in such shares to reflect the size and use of particular Lots, by one or
more declarations of adjustment recorded with the Clerk of Lincoln County,
Wyoming. Such "Limited Common Expenses" include the following services
obtained by the Association: road maintenance and snow removal services,
parking lot improvement and maintenance, trash collection, provision of firewood,
utility line maintenance, cable television services for all Owners, landscaping,
installation and maintenance of walkways, security systems and security personnel
and equipment, Common Area facilities installation and maintenance, and a portion
of the cost of administration, landscaping and improvement of the Property (including
accounting, legal, equipment, personnel and overhead) deemed by the Management
Committee, in its discretion from time to time, to be fairly allocated to all of the
Owners. Such common expenses shall be the equal responsibility of all Owners, and
the Management Committee shall make appropriate adjustments from time to time,
deemed by it to be appropriate, to reflect the sale of Lots as contemplated by
Section 1 above. The Association in its discretion may bill specific Owners for
specific services (such as cable television services, provision of firewood, or repairs for
damage caused by the negligence of an Owner or invitees to the extent uninsured), as
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 10
60
a special assessment against the applicable Owner and their Lot. It is expressly
understood that the certain services, such as cable television and landscaping, may
or may not be provided by the Association and is subject to the discretion of the
Management Committee, and that certain services such as water and sewer services
may be provided by other entities such as a public water and sewer district.
Section 3. Payment of Assessments; Lien Created. Assessments not paid on
or before fifteen (15) days after the date due shall bear interest at the rate of eighteen
percent (18 per annum. The Management Committee may also impose a late
charge of up to 10% of any amount remaining unpaid for 15 days or more. All
payments on account shall be first applied to interest or other charges and then to
the assessment payments in the order of when due (that is, the oldest unpaid amounts
shall be paid first). All annual and special assessments, together with interest,
reasonable attorney's fees and all costs and expenses incurred by the Management
Committee incident to the collection of such assessments, shall be a charge upon the
Lot involved and shall be a continuing lien upon the Lot (including all
improvements thereon for which the assessment was made, as well as the personal
obligation of each owner, jointly and severally, who had any interest of record in or to
such Lot at the time the assessment became due or at any time thereafter.
It is expressly understood and agreed that fines for any violations of this
Declaration or the rules and regulations of the Management Committee may be
assessed against a Lot and against an Owner, for violations by that Owner or by tenants
or invitees.
Section 4. Rights to Collect From Tenant. If an Owner shall, at any time,
lease any portion of a Lot and shall be in default for a period of one month or more in the
payment of assessments or other charges, the Management Committee may, at its
option, so long as such default shall continue, demand and receive from any tenant
or subtenant of the owner the rent due or becoming due, and the payment of such rent
to the Management Committee shall discharge such tenant or subtenant from the
obligation for rent to the Owner and the Owner from his obligation to the Association, to
the extent of the amount so paid.
ARTICLE VI
PURPOSE OF THE PROPERTY, AND CERTAIN RESTRICTIONS ON USE
Section 1. General Purpose of the Property. The purpose of the Property
thereon is to provide first class commercial facilities.
Section 2. Commercial Purposes Only. The Lots may only be occupied and
used for commercial purposes as may be approved by the Management Committee. It
is expressly understood and agreed that Lots included within the Property are
restricted, as provided herein or on the Plat, to certain classifications of uses. Hotels,
automobile service stations, industrial or manufacturing operations, warehousing, and
storage facilities including storage unit rentals are prohibited. Any time- sharing or any
other similar arrangement, whereby the use of a Lot is in effect allocated between
different persons for separate repeating time intervals, is permitted only upon
express written consent of the Management Committee. Each Owner shall use or
occupy their Lot in a manner consistent with all applicable Lincoln County rules and
regulations.
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 11
000261.
Section 3. Use of Parking Facilities and Roadways; Storage The
Management Committee shall have full power and authority to regulate the parking
and storage of cars and any and all motor homes, recreational vehicles, boats, bicycles,
motorbikes, motorcycles, trailers and other similar vehicles and equipment, and to
regulate the use of roadways by imposing and enforcing speed limits and other
restrictions, all with full power and authority to impose and enforce (by special
assessments thereunder or otherwise) fines and other penalties for violations of such
regulations.
Section 4. Certain Additional Restrictions. The following additional
restrictions are applicable to any Lots which are sold to third parties by the
Declarant. Each reference to "Owners" includes their tenants and invitees.
(a) Keeping Outside Areas Clean and Sightly. The Owners shall not place
or store anything within the Common Areas without the prior written consent of the
Management Committee or its designee. All Owners shall keep their Lots in a
reasonably clean, safe, sightly and tidy condition, except for reasonable activities
during the construction of an authorized improvement. Refuse, garbage and trash shall
be kept at all times in a covered container, and such covered container shall be screened
from view at all times other than a specified regular time period for garbage pick -up.
(b) Obstructing Common Areas. Owners shall not obstruct Common
Areas. Owners shall not place or store anything within the Common Areas without
the prior written consent of the Management Committee or its designee except in a
Limited Common facility specifically designated or approved for such storage.
(c) Illegal or Dangerous Uses. Without the prior written consent of the
Management Committee, an Owner shall not permit anything to be done or kept
on their Lot or in the Common Areas that would result in an increase in the cost of
insurance or that would result in the cancellation of insurance with respect to all or any
part of the Lots or that would be dangerous or in violation of any governmental law,
ordinance or regulation. The discharge of firearms, firecrackers or fireworks is
forbidden without the express written consent of the Management Committee
(d) Signs. Without prior written consent of the Management Committee,
owners shall not permit any sign of any kind to be displayed to the public view from
their Lot or from the appurtenant Common Areas. Said restrictions shall not apply to
the Declarant during the construction or sales period or to traffic signs, Lot
designations, project designations or similar signs displayed by the Management
Committee or the Declarant.
(e) Animals. Owners shall not permit animals or livestock of any kind to
be raised, bred or kept on any Lot. Any animals permitted to be kept on the
Property at any time shall be restrained and controlled at all times so that they do not
cause a nuisance to other Owners and do not harass or endanger wildlife.
THE KEEPING OF ANY DOGS ON THE PROPERTY IS DISCOURAGED,
AND STRICT DOG CONTROL WILL BE ENFORCED. Any dogs which are
loose on the Property at any time may be impounded by the Management
Committee and their release may be conditioned upon the payment of a fine or
penalty, no matter who owns the dog. The public is hereby put on notice of this rule
and of the potential effect if a member of the public permits their dog to be on the
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 12
O 262
Property at any time, whether or not they are aware of the whereabouts of the dog.
(f) Obnoxious or Offensive Activities. Owners shall not permit any
obnoxious or offensive activity or nuisance to be carried on in or around their Lot or
in the Common Areas. No light shall be emitted or reflected from any Lot which is
unreasonably bright or causes unreasonable glare for any adjacent Owner. No
unreasonably loud or annoying noses, or noxious or offensive odors, shall be
emitted from any Lot. No snowmobile, motorcycle, or similar device shall be
operated on the Property for recreational purposes. Motorcycles or similar vehicles
may be used solely of roadway access to and from the Property. The Management
Committee may terminate the use of a vehicle on the Property if such vehicle is not
strictly limited to access use.
(g) Architectural Control. Except as otherwise expressly provided herein,
no building, fence, wall, driveway, excavation or improvement of any kind shall be
commenced, erected or maintained upon the Property or any Lot, nor shall any exterior
addition to or change or alteration therein be made (including without limitation any
closing in of a porch or balcony), by any Owner other than Declarant, until the plans
and specifications showing the nature, kind, shape, height, materials, and location of the
same shall have been submitted to and approved in writing by the Site Committee, as to
the Design Guidelines and the harmony of external design and location in relation to
surrounding structures and topography.
(h) Compliance with Rules and Regulations. Owners shall not violate any
rules and regulations for the use of buildings on the Lots, Common Areas adopted by
the Management Committee and furnished in writing to the Owners. Fines and other
penalties for violations thereof may be imposed and enforced (by special assessment
or otherwise) by the Management Committee for violations of such rules and
regulations, and it is expressly understood that Owners may be held responsible for acts
of their tenants and invitees.
(i) Declarant's Use During Construction and Sale. As part of Declarant's
program of development of the Property and to encourage the marketing of Lots,
Declarant shall have the right, during the construction and marketing period and as an
aid for marketing, without charge, to the use of Common Areas.
Section 5. Lots Requirement of Development Permit. No structure or
improvement of any kind shall be erected, placed, altered, added to, reconstructed or
permitted to remain on or under the surface of any Lot, and no construction activities
or removal of trees, shrubs or other similar vegetation shall be commenced, until a
written development permit has been issued therefore by the Site Committee
specifically authorizing such structure, improvement or activity.
(a) Duplicate sets of plans and specifications for any proposed Lot
improvement or alteration, shall be submitted to the Site Committee. Sufficient
information shall be submitted to demonstrate compliance with all of the requirements
of these covenants. Corner elevation data shall be provided with the plans to permit
the Site Committee to review and coordinate grading and drainage approval.
(b) The Site Committee shall review the plans and specifications as soon as
practicable, and in any case within 21 days from the submission of complete plans and
specifications and determine if the proposed use or development conforms to the
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 13
O. )263
requirements of these covenants and the rules adopted by the Site Committee. The
Site Committee may approve plans and specifications subject to any conditions or
modifications which the Site Committee determines to be necessary in order to ensure
conformity with the requirements of these covenants and such rules. The Site
Committee shall retain one set of plans and specifications. The Site Committee shall
set forth in writing, in reasonable detail, its reasons for rejecting any proposed
structure or other improvement, promptly after written request by the applicable
Owner for a statement of such reasons.
Section 6. Development and Use Restrictions for the Lots. All
development on and use of Lots shall conform to the Design Guidelines and the
following requirements:
(a) Provisions in Addition to County Land Use Regulations. Conformity
with any and all applicable land use regulations of Lincoln County shall be required, in
addition to the requirements of these covenants. In cases of any conflict, the more
stringent requirements shall govern.
(b) Authorized Use. Only commercial uses shall be permitted, as provided
in Section 2 above.
(c) Authorized Structures. No structure or improvement shall be
constructed, placed or maintained on or under any Lot, except in full compliance with
the design guidelines of the Site Committee which are in effect at the time pursuant to
Section 7(c) below.
(d) Construction. Construction shall be in conformance with the Design
Guidelines. All construction shall be completed within one year from the
commencement date of construction, unless the Site Committee approves an extension
for good cause, not to exceed ten months in length. Each Owner hereby expressly
agrees and stipulates that; (1) failure to complete construction of any structure or
improvement within the time period provided herein will cause damage to the
business and property values of each other Owner and to the Association; (2) the
damages are not readily ascertainable; and (3) the agreed, stipulated and reasonable
liquidated damages for failure to timely complete construction is the amount of Two
Hundred Dollars ($200.00) per day payable to the Association for each day until
construction is completed.
(e) Utilities. Connections from Lots to the underground utility lines shall be
completed at the applicable Lot Owners' expense, and shall be underground.
(f) Temporary Structures Prohibited. No temporary structures, such as
trailers, tents, shacks or other similar buildings, shall be permitted on any Lot, except
during construction as authorized by the site Committee
(g) Maintenance. Each Lot and all structures and improvements thereon
shall be maintained in a clean, safe and commercially attractive condition,
subject to the sole discretion of the Site Committee. Boats, tractors, vehicles
other than automobiles, campers, whether or not on a truck, snow removal equipment,
and garden or maintenance equipment, and any outside display merchandise or products
shall be kept at all times, except when in actual use, within an enclosed structure.
Refuse, garage and trash shall be kept at all times in a covered container, and any
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 14
such container shall be kept within an enclosed structure or appropriately screened
from view. Service and storage areas shall be appropriately screened from view. No
lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials or scraps
or refuse or trash shall be kept, stored or allowed to accumulate on any Lot.
The Site Committee may provide written notice of any violation of this
provision to Owner, specifying the nature of the violation and the deadline for
correction. If the violation has not been corrected by the written deadline, the
Association is authorized, but not obligated, to enter onto the Lot and correct the
violation. All expenses of the correction shall be assessed against the Owner and
the Lot in accordance with Article XIII.
Section 7. Site Committee.
(a) General. The Site Committee shall consist of up to five natural
persons appointed by the Management Committee for two year terms. Ownership of
a Lot is not required for membership on the Site Committee. The Site
Committee shall adopt such rules for the conduct of its business as it deems
appropriate.
Notwithstanding any other provision to the contrary contained in these
covenants or the charter or by -laws of the Association, the Declarant shall be entitled to
appoint a majority of the members of the Site Committee until the expiration of a
period of twenty years after the date of this Declaration.
(b) Authority and Duties. The Site Committee shall be responsible for the
administration of the requirements of these covenants set forth in Section 5 above
relating the issuance of development permits. The Site Committee shall meet from
time to time (by conference telephone call or directly) as necessary to administer its
duties.
(c) Design Guidelines. The Site Committee shall have full power and
authority to enforce the Design Guidelines to carry out the purpose and intent of these
covenants, to provide for landscaping, to protect the property values of Lot Owners
and to insure that incompatible development does not occur. All Lot use and
development shall conform to any additional design and landscaping guidelines
adopted by the Site Committee, in addition to the other provisions of these covenants.
The Design Guidelines may be amended by the Members in accordance with the
procedures set forth in Article XIV below.
Section 8. Variances
(a) General. The Site Committee may authorize variances from
compliance with any of the Covenants contained in this Declaration or any
Supplemental Declaration when circumstances such as topography, natural
obstructions or hardship, unique to the Lot, may require; provided, however, that
such variances shall be authorized in conformity with the intent and purposes of
this Declaration and provided further that in every instance such variance will not
be materially detrimental or injurious to the other property covered by this
Declaration. Such variations must be evidenced in writing, and contain a detailed
explanation of the reasons for such variation. Economic or financial issues shall
NOT be a hardship for the purpose of a variance.
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 15
65
(b) Notice. Notice of all applications for variances must be given by the
Owner /Applicant (or at applicant's cost) to all Lot owners at least thirty (30) days
prior to any action by the Site Committee with regard thereto. All Owners are
entitled to submit written comments with regard to all variance requests, and copies
of all such comments must be provided to the Owner /Applicant at least two (2) days
before final action by the Site Committee on the variance request.
(c) Effect. If a variance is granted by the Site Committee, no violation of
the Covenants contained in this Declaration or the provisions, covenants, conditions
and restrictions contained in any Supplemental Declaration shall be deemed to have
occurred with respect to the matter for which the variance was granted if the action
or improvement complies with the variance. The granting of such a variance shall
not operate to waive any of the covenants contained in this Declaration or the
provision, covenants, conditions and restrictions contained in any Supplemental
Declaration for any purpose except as to the particular property and particular
provision covered by the variance. Grant of a variance to one Owner shall not be
relevant to the decision on variance request by other Owners.
ARTICLE VII
MAINTENANCE, ALTERATIONS AND IMPROVEMENT
Section 1. General Maintenance, etc. The maintenance, alteration,
replacement and repair of any Common areas shall be the responsibility of the
Management Committee, subject to Section 2 below.
Section 2. Access; Certain Additional Improvements. The Management
Committee or manager shall have the irrevocable right to have access to each Lot
from time to time during reasonable hours as may be necessary for the maintenance,
repair, or replacement of any of the Common Areas and facilities or for making
emergency repairs necessary to prevent damage to the Common Areas and facilities
or to another Lot, although there shall be no affirmative duty to do so.
Each Owner shall on request deposit a key to the buildings on a Lot with the
Management Committee or its agent to be used for emergency access.
The Declarant reserves full rights, but not the obligation, to conduct
landscaping activities on the Property, and to implement additional improvements
(including without limitation fencing, pathways, signs, outdoor lighting and
maintenance sheds) on the Property in the future without the requirement of
obtaining the consent or other authorization of the Association, the Management
Committee, the Site Committee or the Owners.
ARTICLE VIII
LEASING OF LOTS
All leases of Lots shall be subject in all respects to the provisions of this
Declaration and failure of the lessee to comply with the terms of this Declaration shall be
a default under the lease and shall be enforceable against the lessee directly by the
Association, but without limitation of any other rights of the Association.
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 16
C.-,10-0266
ARTICLE IX
CONVEYANCES, EASEMENTS
Section 1. Description of Lots. Every deed, lease, mortgage, instrument of
conveyance or sale, or other instrument affecting title to a Lot may describe the unit by
its identity number as set forth in the Map with appropriate reference to said Map and
this Declaration, its identity number as set forth in the Plat or Map, as each shall appear
on the records of the Clerk of Lincoln County, Wyoming Every such description
shall be deemed to convey, transfer, encumber or otherwise affect the Owner's
corresponding percentage of undivided ownership in the Common Areas as a tenant
in- common, as set forth her, also incorporating all rights and limitations incident to
Ownership described in this Declaration, even though the same are not exactly
mentioned or described.
ARTICLE X
CERTAIN ADDITIONAL COVENANTS AND AGREEMENTS
The following covenants and agreements are made a part of this Declaration
and may not be amended or deleted without the consent of the Lincoln County
Board of Commissioners:
(a) Any perimeter fencing of the Property shall be coordinated with the
Wyoming Game Fish Department. It is understood that under the present
standards, such fencing must have a wooden rail at the top, not more than 38 inches
from ground level.
(b) It is expressly understood and agreed by the Declarant and by each
owner, and by any other person or entity having an interest in the Property at any time,
that (i) the use and development of the Property involves potential conflict with
wildlife, and that the Wyoming Game Fish Department will not be financially liable
for any damage or losses caused by wildlife, (ii) any irrigation ditches and waterways
within the Property are subject to rights of access, maintenance and usage by certain
downstream users and other persons, and future owners of Lots other than Declarant
will have no such rights and (iii) any dogs on the Property at any time will be subject to
strict dog control rules and regulations adopted by the Management Committee, and
Owners will be subject to fines and other penalties for any violations thereof by an
Owner or his tenants or invitees.
(c) It is recognized by the Declarant and the Owners of any Lot within
the Property, that wildlife species live on or migrate through the Property during
various times of the year. The following limitations on use and development are
intended, in addition to all the other requirements of these covenants, to protect,
preserve and maintain the existing wildlife habitat on the Property:
(1) Dogs and other domestic animals (other than cats) shall be controlled and
restrained at all times, and shall not be allowed to run at large on any portion of the
Property. A fine of $10.00 or more shall be imposed by the Association for any Owner
cited by the Association for a violation of this requirement, and fines may also be
imposed by applicable Lincoln County authorities for violations of dog control laws.
(2) No hunting or shooting of guns shall be allowed outdoors on the Property
at any time.
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 17
o "...7267
(3) Perimeter fences must be constructed in accordance with appropriate
standards prescribed by the Wyoming Game Fish Department, as set forth in (a)
above.
(d) No mining or other mineral extraction or development activities shall
be permitted on the Property at any time, including the removal of gravel for any
purpose other than construction or maintenance of permitted improvements.
ARTICLE XI
NOTICES
Any notice permitted or required to be delivered as provided herein may be
delivered either personally or by mail. If delivery is made by mail, it shall be
deemed to be delivered forty-eight (48) hours after a copy of the same has been
deposits in the U.S. mail, postage prepaid. Notice to owners for any purposes shall
be addressed to each Owner as set forth in Article II, Section 4 above. Unless otherwise
notified in writing, notice to the Management Committee shall be addressed to:
Management Committee, Alpine Commercial Owners Association, P.O. Box` a,
..2 Wyoming 83 00 i
ARTICLE XII
NO WAIVER
The failure of the Management Committee or the Site Committee or its agents 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, of such term, covenant,
condition or restriction; but such term, covenant, condition or restriction shall remain
in full force and effect. The receipt and acceptance by the Management Committee or
the Site Committee or its agent of the payment of any assessment from an Owner,
with knowledge of the breach of any covenant hereof, shall not be deemed a waiver
of such breach, and no waiver by the Management Committee of any provision hereof
shall be deemed to have been made unless expressed in writing and duly signed by or
on behalf of the Management Committee or the Site Committee, as the case may be.
ARTICLE XIII
ENFORCEMENT
Each owner shall strictly comply with the provisions of the Declaration,
and the house rules and administrative rules and regulations and decisions
issued by the Management Committee and the Site Committee. Failure to so
comply shall be grounds for an action to recover sums due for damages or
injunctive relief or both, or any other remedy allowed by the Act, other statutes
or common law, maintainable by the Management Committee or its designee on
behalf of the Association or by Declarant or in an appropriate case, by an
aggrieved Owner. Any violation of the provisions of the Declaration or any
related rules or regulations is declared to be and shall constitute a nuisance and
may be abated by Declarant or the Management Committee. Such remedy shall
be deemed cumulative and not exclusive of others. The Association shall be
entitled to payment of all attorneys fees incurred by the Association (or the
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 18
2 68
Management Committee or Site Committee), payable by an Owner or lessee in
violation of this Declaration or any such rules or regulations.
In addition, upon any failure of an Owner to pay when due any assessment
for common expenses or any other assessment, the Management Committee
may seek any remedy provided in this Declaration, the Act or otherwise
available at law or equity. Unless specifically a reed in writing, liability for
payment of assessments shall be joint and several. against any and all persons
and /or entities holding or claiming any ownership or leasehold interest in the
Lot concerned.
ARTICLE XIV
AMENDMENTS
Section 1. Amendment by Owners.
(a) Except as required by law, the Act, or as provided in clause (b)
below or Article X hereof, the provisions of this Declaration may be amended
by the vote of those holding at least two thirds (2/3) of the votes of the
Members in the Association. Any amendment so authorized shall be
accomplished by recordation of an instrument executed by the Management
Committee. In such instrument said Committee shall certify that the vote
required hereby for amendment has been duly obtained. The Map and the Plat
may be supplemented, amended and modified from time to time by the
Declarant in its discretion without the requirement of any consent or other
action by the Owners.
(b) Notwithstanding anything to the contrary contained in the
Declaration, and no amendment of any provisions hereof which adversely
affects the Declarant may be adopted without the express written consent of
Declarant
ARTICLE XV
GENERAL PROVISIONS
Section 1. Severability. The provisions of this Declaration shall be deemed
independent and severable, and the invalidity or partial invalidity or unenforceability
of any one provision or portion thereof shall not affect the validity or enforceability of
any other provision herein.
Section 2. Captions, Gender and Grammar. The captions in this Declaration
are inserted only as a matter of convenience and for reference and in no way define, limit
or describe the scope and intent of this Declaration or any provision hereof. The
singular wherever used herein shall be construed to mean the plural whenever
applicable or vice versa and necessary grammatical changes required to make the
provisions hereof apply either to corporations or individuals, men or women, etc, shall
be assumed in each case as though made.
Section 3. Governing Law. This Declaration shall be govemed by and
construed in accordance with the laws of the State of Wyoming.
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 19
001)269
This Declaration shall take effect when recorded with the Clerk of Lincoln
County, Wyoming
IN WITNESS WHEREOF, the undersigned Declarant has executed this
instrument as of the day and year first above written.
STATE OF ataaA°1//k
COUNTY OF��/0'� Gem )b
SEAL
ARTICLE XVI
EFFECTIVE DATE
Alpine Development Group, LLC, a
Wyoming Limited Liability Company
By: Mavis Vernon Properties, Inc.,
a California Corporation
Dana
By:
Damien Mavis
Its V re. 5 1 6t evitt
I HEREBY CERTIFY that before me, the Subscriber, a Notary Public for the State and
County oresaid, person 1y appeared Damien Mavis and made oath in due form of law that he
is the 2 Z of Mavis Vernon Properties, Inc., a California Corporation, duly
authorized to execute any and all corporate documents, and that the foregoing document is his
corporate act and deed.
rl IN WITNESS WHEREOF, I set my hand and not. 'al seal this day of
otary Public
Clarence R. McMillin
Commission 1857695
Notary Public California
San Luis Obispo County
My Comm. Expires Aug. 9, 2013
DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR
SNAKE RIVER JUNCTION
Page 20
e. i:j 2 70
I. Intent and Purpose
II. Landscaping
EXHIBIT A
Design Guidelines
for
Snake River Junction
Corner Commercial Area
Lot 33 Snake River Junction Second Filing First Amended
For the design of buildings within this commercial area, the intent is to create a cohesive
and attractive presence that acts both as a gateway for the internal commercial and residential
community as well as an appropriate part of the larger city fabric. All signage, landscaping,
parking and lot development shall be designed to contribute to the overall appearance of the
commercial area. The buildings themselves are meant to be a responsible addition to the natural
landscape with their highway frontages presenting an appropriate public face to the greater
community.
These Design Guidelines, for the Corner Commercial Area are a part of the Declaration
of Covenants, Conditions and Restrictions (CCRs) for Snake River Junction Commercial Area.
The Design Guidelines may be amended in accordance with Article XIV of the CCRs.
Additional Lots in Snake River Junction may be made subject to these Design Guidelines by
express declaration.
All Landscaping shall be installed by each Owner at their expense, but maintained by the
Owners Association as Limited Common Area. The Owners Association shall have the authority
to collect and allocate funds for this task. The parking lots shall largely be screened from
adjacent properties and the public highway by vegetation strategically planted around parking lot
borders and within landscaped islands. Landscaped islands shall be designed to provide
maximum aesthetic value, yet simple in shape to facilitate parking lot snow removal.
01Y1272
Additionally, all the required building setback areas, parking setback areas, and public rights -of-
way (not being used as driveways or parking areas) including highway setbacks shall be
landscaped and maintained as usable open space. Landscaping shall not interfere with easy
pedestrian travel on designated pathways and corridors.
A. Landscape Plan:
A landscape plan shall be included in the site design and submitted to the Site Committee
for review. Appropriate landscaping will play a major role in the overall aesthetic of the
area. It is imperative that each site devotes sufficient space to the landscaping. No site
shall be developed without an approved landscaping plan, and the Site Committee may
require a deposit to insure completion of the landscape plan.
B. Dimensional Standards:
1. Pedestrian Areas: Plant material shall not overhang sidewalks at 3 /4 of the plant's
mature size. Plant material adjacent to sidewalks and entrances shall not exceed a mature
height of 3' -0" within 3' -0" of the edge of pavement. Building entrances shall maintain
clear visual access, and plant material shall not provide hiding or loitering opportunities.
Plant bed mulch material adjacent of walkways shall be shredded hardwood mulch.
Loose rock mulch shall not be within 3' -0" of pavement edge.
2. Building Foundations: Plant material shall be placed along building foundations
to compliment building architecture. Plant material shall not visually impede windows or
doorways. Twenty -five percent (25 of all foundation planting shall be broadleaf or
conifer evergreen.
3. Parking Area: Plant material shall not impede visual site lines between 3' -0" and
9' -0 Plant material shall not be within 2' -0" of pavement edge at 3 /4 maturity.
C. Plant Material:
Plant material shall soften the impact of new improvements on the site; preserve and
enhance existing landscape patterns; minimize the attraction of wildlife; and be of native
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 2
r iO�..�273
varieties. A Native Landscape Plant Material Guide is available from the Site
Committee.
D. Irrigation Systems:
All Landscape and turf areas shall be watered utilizing automatic underground sprinkler
systems. All shrub area shall utilize drip irrigation to minimize water consumption.
III. Signage
Every structure and commercial complex should be designed with a precise concept for
signage integrated with the building design. Provisions for sign placement, sign scale in
relationship with the building and sign readability should be considered in developing the
signage concept. All signage shall be highly compatible with the building and site design
relative to color, size and style of text, materials and placement.
Prior to the installation of any signage on a Lot, or on designated common signage areas,
the Owner shall obtain written approval from the Site Committee. The following considerations
shall be addresses in any request for sign approval.
Signage shall be designed so that it is not overly intrusive. No signs shall have animated,
intermittently illuminated (flashing), or neon lights. Banner signs, A -frame signs, signs with
moving parts, or signs painted directly upon a building's exterior finish are not allowed. The
lighting of signs shall avoid any glare into neighboring buildings or any glare that would create a
traffic hazard. All signs will be installed to ensure structural stability against wind and seismic
forces. Signs shall not interfere with any vehicular or pedestrian traffic. Any temporary signage
shall abide by local regulations. Each property shall have appropriate signage to give directions
to loading and receiving areas, visitor parking and other special areas.
In terms of signage dimensions, each building's street facade shall be allowed signage not
exceeding in a combined way a maximum of 60 feet square feet in area. This includes buildings
containing multiple offices or businesses. Such signage shall be wall mounted or hung
perpendicular from such architectural features as porch roofs or balconies, etc. Since the size of
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 3
000274
this corner commercial area is large enough to support large stores, signage on buildings over
7000 square feet shall not have to abide by the maximum allowable sign dimensions, subject to
applicable building codes. The signage on these large buildings must not be overly intrusive or
larger than signage on similar size, style, and purposed buildings in the area.
No wall mounted sign shall project above the top plate line of the building to which it is
attached. No sign shall extend past the perimeter boundaries of a building's elevation (i.e. the
roof or side walls).
All freestanding monument signs shall abide by a fifteen (15) foot height restriction and
shall be set back a minimum of five (5) feet from the property line. Freestanding signs shall be
limited to the entrance of each commercial lot, and shall not exceed fifty (50) square feet of
surface area. Gas Stations as well as the previously mentioned Large Buildings are exempt from
these max height and surface areas. However, they must not be overly intrusive or larger than
monument signs for similar size, style, and purposed buildings in the area.
One address sign, including a set of numbers shall also be allowed for each permitted
office or business. The coloring and material of all signs and lettering is to adhere to the colors
and exterior materials standards mentioned above. Any signs declared abandoned or dangerous
shall be removed.
IV. Parking, Loading, Roadways
Required parking lots shall be constructed by the owners at their expense, but maintained
by the Owners Association as Limited Common Area. The Owners Association shall have the
authority to collect and allocate funds for this task. Required off street parking for each Lot must
be accommodated within the same Lot as the use it is intended to service. The design intent is to
have smaller parking lots serving one or two of the commercial properties. Common driveways,
shared by neighboring lots, are encouraged.
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 4
00C)275
All parking areas shall be set back from the side and rear lot lines a minimum of five (5)
feet, unless there is a shared parking arrangement between adjacent lots. All off street parking
shall have access from a public road or alley; all spaces, aisles, turning and backing areas shall
not encroach on any roads or public rights -of -way. Ingress, egress, internal traffic circulation,
off street parking and loading areas and pedestrian paths shall be designed so as to promote
safety and convenience, including provision of safe sight distances at all intersections.
Parking areas shall be separated from structures by either a raised concrete walkway or
landscape strip. Shared parking between adjacent businesses is highly encouraged whenever
practical.
A parking space shall consist of an area not less than one hundred eighty (180) square
feet, with a minimum width on nine (9) feet and a minimum depth of twenty (20) feet. Parking
driveways and aisles shall be a minimum of 22' -0" in width. A minimum of one (1) handicapped
accessible parking stall shall be provided, and then at a rate of one (1) additional handicapped
space per twenty -five (25) parking spaces. The front two (2) feet of parking space may project
into landscaped area or walkways provided this will not endanger visibility, the automobile, or
pedestrians; and provided an adjacent walkway is not reduced to less than four (4) feet in width.
Parking spaces shall have a minimum vertical clearance of seven (7) feet. Queuing space shall
be a minimum of twenty (20) feet in length and ten (10) feet in width, and shall be contained on
site without encroaching into any public right -of -way.
Each lot shall provide the number of spaces required by the Lincoln County guidelines
for its use.
All off street parking areas and roadways shall have a compacted all- bituminous concrete
(ABC) base, not less than four (4) inches thick, and paved with asphaltic materials of sufficient
grade so that there will be no impoundment of surface water.
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 5
V. Lot Use and Site Design
20-0" EFFECTIVE PARKING AREA
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 6
4)2'76
A. Setbacks and Building Envelopes:
All building envelopes shall maintain ten (10) foot minimum setbacks from the
side, and rear Lot boundaries. The minimum (10) foot and maximum twenty -five (25)
front setback shall be measured from the curb face. If more than one building is built on
site the most prominent building must abide by the front setback. Lots shall maintain a
twenty -five (25) foot setback adjacent to U.S. Highway 26 89, or comply with the
Wyoming Department of Transportation minimum setback, which ever is greater. The
space within the setback shall be landscaped. Building siting within the building
envelope shall encourage the preservation of open space and shall endeavor to
compliment neighboring Lot development. Buildings shall be situated to encourage
pedestrian traffic between lots along the sidewalk.
B. View Corridors:
To maintain the character of the community and provide opportunities to view the
unique landscape, the Site Committee may require orientation to maximize the greatest
amount of open space, and quality visual sight lines form neighboring Lots.
C. Floor Area Ratio (F.A.R.)
A maximum floor area ratio of forty percent (40 shall be required within the
commercial lots this meaning that the ratio of the gross floor area of the buildings
within a single property cannot exceed forty percent (40 of the total site area within
each property boundary. A minimum floor area ratio of fifteen percent (15 shall also
be required. Variances may be granted for phasing or extenuating circumstances. The
goal is to establish a pleasing density where buildings fit their property, not looking either
too crowded or two scattered.
VI. Building Design
A. Building Height
To maintain architectural consistency, the buildings in this commercial district
shall have a maximum building height of thirty (30) feet, for buildings less than 7000
square feet. For larger buildings these restrictions do not apply as long as the maximum
height conforms to all local codes and is consistent with other buildings of similar size,
style, and purpose in the area. This is defined as the distance from the top of finished
grade to the highest point of a building's roof structure (not including mechanical device
enclosures such as elevators or air conditioning units, etc.). Existing grade can be raised
no more than eighteen inches (18 or more than twelve inches (12 from the adjacent
curb of the road servicing the property. No significant alteration of the existing Lot
topography will be permitted.
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 7
C. Balance Proportions:
E E
BiJILDNG
Q
E
-FINISHED GRADE
ROAD CURB
EXAMPLE PERIMETER COMMERCIAL BUILDING
B. Building Mass
In terms of the mass of the individual buildings, the intent is to create structures
that are proportioned both appropriately to their site as well as to the scale of the intended
use. A building's mass should be broken up in order to reduce its apparent form and to
add visual interest. Additionally, more massive levels or sections of a building should be
located beneath the less massive or visually lighter sections. In this way, a second story
does not appear heavier then the structure that support its.
Roof lines are to be simple yet dominant, possessing a clear hierarchy of form.
The largest roofs shall be over the most significant parts of the building with the lesser
roofs cascading from the main volumes. Steep hipped roofs are strongly discouraged and
may only be considered if adequate presentation is reviewed and approved on a case by
case basis.
EXAMPLE BUILDING MASSING
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 8
000278
C.;
The building facades are to be broken up or differentiated through the organized
use of fenestration, banding, cornices, canopies, eaves, color or material changes, or other
facade articulations (which add depth, shadows and relief). Unbroken expanses of a
single siding material or a single monolithic built volume will not be permitted, on
buildings less than 7000 square feet in size. Larger buildings should use architectural
elements, orientation, and landscape to hide large unbroken expanses of a single siding
material as much as practical. Despite the use of such differentiations, the building
facade is to maintain an overall balance with its varied elements remaining in proportion
to the whole.
External projections, such as cornices, canopies, eaves, decks and balconies may
not extend more than two (2) feet into a front, side or rear setback. Patios which are at
grade, however, may extend further provided there is agreement with the neighboring
property and the patio maintains a setback of five (5) feet from all property lines.
D. Entrance:
The entry to each business shall be very clear, possessing some hierarchy over
other facade elements. This could be accomplished with the addition of an awning or
other overhang, and /or and adjustment of color or materials surrounding the main
entrance.
E. Exterior Materials:
In regard to exterior materials, the intent is to create buildings that harmonize with
their natural setting and do not create visual irritations or distractions. The emphasis will
be on a high quality appearance and materials, creating a first class commercial district.
Traditional Rocky Mountain architecture shall be encouraged, but not mandated.
Unconventional, futuristic and atypical architectural treatment is prohibited. The facades
of the buildings shall be non reflective and shall be of natural materials such as wood,
brick, stone or metal. Materials possessing strong natural texture are preferred. In the
case of metal, its use as a wall cladding material will be limited to a maximum of thirty-
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 9
five percent (35 of a building facade (as calculated by the square footage of all exterior
wall surfaces) and the metal shall be either painted, anodized or oxidized to a non-
reflective finish. No residential vinyl or aluminum siding will be allowed. Also, no
vinyl awnings will be permitted. Glass can be used up to a maximum of thirty percent
(30 of a facade.. Metal roofs will be permitted, provided they are non reflective. They
must also be designed so they do not shed snow onto pedestrian or parking areas.
F. Colors
The exterior colors used for the building are limited to earth tones found in the
natural landscape or colors natural to the materials mentioned above. (i.e. natural wood,
stone or metal). These earth tones include the basic colors of brown, gray, red, orange,
yellow, green and blue. White is also permitted as well as colors found in traditional
Rocky Mountain architecture. Day -glo, luminescent, iridescent, neon or similar colors
are not permitted.
G. Lighting
All architectural lighting shall be hooded, and arranged so that the light source is
not easily visible from any street or adjoining property. Flickering or flashing lights will
not be allowed. Also searchlights, laser lights, neon lights, and holograms will not be
permitted.
VII. Additional Considerations
A. Public Restrooms:
Each commercial property is to have at least one public restroom. Such facilities
are to be maintained and kept open during business hours with appropriate signs upon
each entrance. Their location, number and size shall be in accordance with applicable
laws, including the Americans with Disabilities Act.
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 10
t '4Y
B. Storm Water Drainage Systems:
The grading and drainage approval process through the Site Committee will
coordinate drainage for the commercial area using the following principles: Each Lot
shall retain storm water runoff from impervious surfaces within its boundaries. No runoff
originating from within a Lot shall be allowed to flow to adjacent properties. Most runoff
shall be collected onsite in a retention pit to be discharged into the ground. These
retention areas may be incorporated into landscape features.
C. Water, Sewer and Trash Storage:
Each structure designed for human occupancy shall be connected with water and
sewer facilities. No private wells or sewer systems shall be used. Each Lot shall have
receptacles for the temporary storage and collection of refuse. The handling of trash shall
be noted on all site plans. All trash receptacles shall be screened from public view as
well as from neighboring residential properties, and be protected from disturbance. The
receptacles shall be entirely enclosed, with the side facing the street or alley gated
wherever feasible. Enclosures shall be of similar material and color to the buildings, with
a maximum height of six (6) feet above grade.
No fences are to be installed for screening between properties or around the
perimeter of a lot. This is to maintain wildlife migration patterns as much as possible.
All trash receptacles shall have secured lids discouraging wildlife access. The refuse
storage area shall be accessible by collection vehicles and should be incorporated into
building design whenever possible. Additionally, no trash is to be stored or placed within
any front setback areas, but must be located within side or rear setback areas.
D. Site Lighting:
Parking lot lighting shall be provided by each lot owner. All lighting shall be
hooded, and arranged so that the source of light is not directly visible from any street or
adjoining property. Light fixtures shall be mounted a maximum of fifteen (15) feet in
height above grade.
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 11
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 12
Ox.'282
Lighting shall be used to provide illumination for the security and safety of on-
site area such as parking, loading, shipping, and receiving, pathways and working areas.
The design of light fixtures and their structural support should be architecturally
compatible with the main structures on site. All building entrances shall be well lighted.
E. Snow Storage:
Adequate on -site snow storage areas shall be developed to accommodate snow
removed from off street parking and loading areas or from elsewhere on the Lot. A
minimum Lot area representing twenty percent (20 of the total required off street
parking and loading area, inclusive of all access drives, shall be provided for snow
storage. Required yard setbacks and open space may be used to accommodate snow
storage. However, the stored snow shall not restrict access or circulation, obscure
building entrances, nor create a visual obstruction for motorists or pedestrians by
blocking vehicular or pedestrian sight lines. A maximum of fifty percent (50 of the
required snow storage space may be sited in the off street parking and loading areas. All
off street parking and loading areas shall be maintained adequately for all weather use
and be properly drained. Snow storage area shall be located and developed to be
compatible with snow removal options. The Association will develop a snow removal
and plowing plan with input from each Owner.
F. Pedestrian Paths
A goal for the overall site design of Snake River Junction is to provide for a
multitude of pedestrian pathways that connect throughout the mixed -use community.
Pedestrian sidewalks shall be installed to support and encourage safe pedestrian access to
each Lot, as well as between neighboring Lots. The Corner Commercial Area shall
provide pedestrian paths along the highway frontage connecting from lot 5 to lot 22, or
route the pedestrian traffic from those points through the Corner Commercial Area on
sidewalks. This is further outlined in the Master Landscape Template. Sidewalks and
parking areas shall be designed whenever possible so that pedestrians walk parallel to
moving cars. All pedestrian sidewalks shall comply with the American with Disabilities
Act. Pedestrian circulation patterns shall provide clear and identifiable crosswalk
locations. Crosswalks shall be delineated through ASHTO standard crosswalk vinyl tape,
or color and paving pattern delineation. Sidewalks shall be a minimum of five (5) feet
wide. Pedestrian crosswalks shall be a minimum of eight (8) feet wide.
Sidewalks, pathways and safety devices may be maintained by the Association as
Limited Common Areas for the benefit of all Lot owners.
Design Guidelines for Snake River Junction Corner Commercial Area LOT 33
Page 13
.'T O 128