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HomeMy WebLinkAbout956052DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF 000552 LOTS 101,102, 103, 104, AND 105 OF THE VALLI -VU GOLF VILLAS, ADDITION TO THE TOWN OF AFTON, WYOMING THIS DECLARATION, made on the date hereinafter by Afton Golf LLC, a Wyoming limited liability company, hereinafter referred to as "Declarant WITNESSETH: WHEREAS, Declarant is the owner of certain property in the Town of Afton, County of Lincoln, State of Wyoming, which is more particularly described as: Lots 101, 102, 103, 104, and 105 of Valli -Vu Golf Villas, an Addition to the town of Afton, Lincoln County, Wyoming as described on the official plat filed on October 3, 2007, as Instrument No. 933678 of the records of the Lincoln County Clerk. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS 1. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract buyers, but excluding those having such interest merely as security for the performance of an obligation. 2. "Properties" shall mean and refer to Lots 101, 102, 103, 104, and 105 of Valli -Vu Golf Villas, an Addition to the town of Afton, Lincoln County, Wyoming as described on the official plat filed on October 3, 2007, as Instrument No. 933678 of the records of the Lincoln County 1 RECEIVED 10/19/2010 at 10:40 AM RECEIVING 956052 BOOK: 755 PAGE: 552 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000553 Clerk, and such additions thereto as may hereafter be made subject to this Declaration as amended. 3. "Lot" shall mean and refer to the individual lots which are identified and defined above as the "Properties 4. "Declarant" shall mean and refer to Afton Golf LLC, a Wyoming limited liability company and its successor and assigns. 5. "Plat" shall mean the subdivision plat map for the of Valli -Vu Golf Villas, an ADDITION to the town of Afton, Lincoln County, Wyoming filed on October 3, 2007, as Instrument No. 933678 of the records of the Lincoln County Clerk. 6. "Living Units" shall mean residential town home structures which exist and have been constructed on the Lots. ARTICLE II USE RESTRICTIONS 1. Use of Lots and Living Units. All Lots have been improved with Living Units and are restricted to such use. Each Living Unit shall be used only as a single family residence. No commercial business shall be permitted in the Properties. No Lot or Living Unit shall be occupied or altered in violation of law or in a way which unreasonably interferes with the rights of any Owner of any of the Lots. 2. Architectural Control. No building, garage, structure, fence, wall, retaining wall, patio cover or other structure or improvement of any kind shall be commenced, painted, erected, added, placed, constructed, altered, reconstructed or maintained upon any Lot, nor shall there be any change made to the exterior of improvements on any Lot by way of alteration, addition, repairing or remodeling, until the detailed plans and specifications showing the nature, kind, shape, dimensions, materials and location of the same kind, shape, dimensions, materials and location the same on the Lot shall have been submitted to and approved in writing by the Architectural Control Committee as to harmony of external design and of color with existing structures, and as to location in relation to surrounding structures and topography and finish grade elevations. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that 1) the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the surrounding Lots, 2) the appearance of any structure affected thereby will be in harmony with the surrounding structures, and 3) that the upkeep and maintenance thereof will not become a burden on the other Owners. 2 eoC,55 3. Ordinance Compliance. Any structure that is constructed or placed on any Lot shall comply fully with the ordinances of the Town of Afton or any approved variances thereto, including, but not limited to, the set -back requirements. 4. Owner Repair Obligations. The repair and replacement of party walls is addressed in Article III. In all other instances, it shall be the duty of each Owner, at his sole cost and expense, to maintain, repair, replace and restore his Lot and any improvements located thereon, and to keep them in a neat, sanitary and attractive condition. In the event that any Owner shall permit his Lot or any improvement located therein to fall into disrepair or not to be so maintained so as to create a dangerous or unsafe, condition, or otherwise violate this Declaration, the Committee or any other affected Owner shall have the right, but not the duty, upon fifteen days prior written notice, to pursue the remedies provided for in Article V hereof, and to make such repairs or to perform such maintenance and the cost thereof shall be charged to the Owner and become a lien upon his Lot and improvements, which lien may be foreclosed as a mortgage under Wyoming Law by the Owner(s) who pays for such repairs or maintenance. 5. Garbage and Refuse Disposal. Rubbish, trash or garbage shall not be kept except in sanitary containers. All containers, cans or other equipment for the storage of such material shall be kept in a clean and sanitary condition. 6. Easements. Easements are reserved as shown on the recorded plat for installation and maintenance of utilities. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except those improvements for which a public authority or utility company is responsible. However, nothing in this paragraph shall be interpreted as prohibiting construction of walks, driveways, etc., over the easements, subject to the rights of those with easements to make necessary repairs and conduct necessary maintenance along such easements. 7. Animals. No animals, livestock or poultry of any kind other than one cat and one small dog shall be kept or maintained on any Lot or Living Unit. 8. Signs and Electronic Equipment. No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than ten square feet, advertising the Lot for sale or rent, or signs used by the Declarant. its agents or contractors to sell the Lots and Living Units. The location and placement of electronic equipment upon any Lot, including but not limited to a "Satellite Dish" for television reception, shall be at the approval of the architectural control committee. 3 00 0555 9. Nuisances. No noxious or offensive trade or activity shall be carried on upon or inside any Lot or Living Unit nor shall anything be done thereon which may be or become an annoyance or nuisance to the other Owners. No clothes drying or storage of any articles which are unsightly in the opinion of the Committee will be permitted unless in enclosed areas designed for such purpose. There shall be no outside storage or parking, in excess of twenty four hours, of automobiles, trailers, boats, airplanes, motor homes, mobile homes, campers, off -road or all terrain vehicles, other recreational vehicles or similar vehicles on the Lot or on the street in front the Lot. 10. Slope and Drainage Control. No structure, planting or material shall be placed or permitted to remain on any Lot which may damage or interfere with established slope ratios, which may create erosion or sliding problems, or which may change the direction of flow or drainage channels or obstruct or retard the flow of water through drainage channels. The slope control areas of each Lot as designated by the Architectural Control Committee and all improvements in such areas shall be maintained continuously by the Owner of the Lot except for the improvements for which a public authority or utility company is responsible. ARTICLE III PARTY WALLS 1. General Rules of Law to Apply. Each wall which has been built as a part of the original construction of the Living Units upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rule of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. No change to the exterior or structural elements of the wall may be made without the written consent of the other Owners having an interest. 3. Destruction by Fire of Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 4 000556 5. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. ARTICLE IV. ARCHITECTURAL CONTROL COMMITTEE 1. Members of Committee. The Architectural Control Committee, hereinafter referred to as the "Committee shall consist of the Declarant for ten (10) years from the date this instrument is recorded in the office of the County Recorder of Lincoln County, Wyoming, or until 90% of the Lots have been sold, whichever occurs first. Thereafter, the Committee shall consist of five members, one member representing the Owner of each Lot of the Properties. 2. Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time, by resolution unanimously adopted in writing, designate a Committee Representative (who may, but need not, be one of its members) to take any action or perform any duties for and on behalf of the Committee. In the absence of such designation, the vote of any three (3) members of the Committee taken without a meeting, shall constitute an act of the Committee. 3. No Waiver of Future Approvals. The approval of the Committee to any proposals or plans and specifications or drawings for any work done or proposed or in connection with any other matter requiring the approval and consent of the Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent by the same party or a different party. 4. Compensation of Members. The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder. 5. Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: (a) Upon the completion of any work for which approved plans are required under paragraph 2 of Article II, the Owner of the Lot shall give written notice of completion to the Committee. (b) Within sixty (60) days thereafter, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of 5 C`O such noncompliance within such sixty -day period, specifying the particulars of noncompliance, and shall request the Owner of the lot to remedy the same. c) If upon the expiration of thirty (30) days from the date of such notification, the Owner of the Lot shall have failed to remedy such noncompliance, the Committee shall notify all of the other Owners in writing of such failure. Upon notice and a meeting duly called for such purpose, shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Owner of the lot shall remedy the noncompliance or remove the noncomplying improvement within a period of not more than forty-five (45) days from the date of announcement of the decision of a majority of the Owners. If the Owner of the Lot does not comply with the decision of the Owners, then any other Owner shall have the right to pursue the remedies provided in Article V hereof. 6. Non Liability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee Representative shall be liable to any Owner or Owners for any loss, damage or injury arising out of or in any way connected with the performance for the Committee's duties hereunder, unless due to the willful misconduct or bad duties hereunder, unless due to the willful misconduct or bad faith of the Committee or Committee members. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and the Subdivision generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural or other safety or conformance with building or other codes. 7. Rules and Fees. The Committee may also issue rules or guidelines setting forth the procedures for the submission of plans for approval, including requiring a fee payable to the Committee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee may provide that the amount of such fee shall be uniform, or that it be determined in any other reasonable manner, such as by relationship to the reasonable cost of the construction, alterations or additions contemplated. The committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and descriptions or samples of exterior materials and colors. Until receipt by the Committee of any required plans, specifications, drawings or samples, the Committee may postpone review of any plans submitted for approval. 6 1. Covenants to Run with Land. These covenants and restrictions are to run with the land and shall be binding on all Owners and all persons claiming under them for a period of ten years from the date hereof, at which time said covenants shall be automatically extended for two (2) successive periods of 10 years each; provide that at any time prior to the time that 90% of the Lots have been sold by the Declarant, this Declaration may be further amended in whole or in part by delivering to all Owners a complete written copy of any such proposed amendment, and by thereafter obtaining the written consent of a majority of the then Owners to any such proposed amendment. 2. Remedies. If any Owner of a Lot or his or her agents, heirs, or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other Owner to pursue any remedy provide in this Declaration, including instituting proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and either to prevent him or them from so doing or to recover damages or other costs for such violation, and to recover all costs and expenses, including a reasonable attorney's fee, which may arise or accrue from such proceedings. 3. Severability. Invalidation of this Declaration or any part hereof by judgments or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. SIGNED this day of 0 Cep ARTICLE V ENFORCEMENT 7 2010. By: Manager, B. Ellingford 000558 AFTON GOLF LLC, a Wyoming limited liability company STATE OF WYOMING COUNTY OF UINTA The a.ove and foregoing instrument was acknowledged before me this day of 2007, by Garry B. Ellingford, Manager of Afton Golf LLC, a Wyoming limited liability company. My Commission Expires: SS WITNESS my hand and official seal. 8 000559 MARYKIM BATEMAN COUNTY of UINTA MY COMMISSION NOTARY PUBLIC STATE OF WYOMING ES AUGUST 1 14