HomeMy WebLinkAbout961536FIRST AMENDMENT
TO THE
AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
ALPINE MEADOWS
000838
This First Amendment to the Declaration of Covenants, Conditions and
Restriction for Alpine Meadows has been approved to by the affirmative vote of at least a
majority of the Members voting on such amendment at a duly noticed meeting of
Members.
WHEREAS, the Declaration of Covenants, Conditions and Restriction for Alpine
Meadows was recorded in the Office of the Lincoln County Clerk on August 23, 2005 at
Book 595 of Public Records, Pages 404 to 459 "First Declaration which was
subsequently amended and restated in its entirety by the Amended and Restated
Declaration of Covenants, Conditions and Restriction for Alpine Meadows recorded in
the Office of the Lincoln County Clerk on October 6, 2006 in Book 636 at Page 132 as
Receiving 923138 "Amended and Restated Declaration
WHEREAS, the Amended and Restated Declaration applies to the Alpine
Meadows Subdivision according that plat recorded in the Office of the Lincoln County
Clerk as Plat No. 206 -A "Alpine Meadows Subdivision
WHEREAS, Paragraph 14.1 of the Amended and Restated Declaration provides
that the Amended and Restated Declaration may be amended by the affirmative vote of at
least a majority of the Members voting for such action; and
WHEREAS, at least a majority of Members (as the term is defined in the
Amended and Restated Declaration) approved by affirmative vote this First Amendment.
NOW THEREFORE, the Amended and Restated Declaration is hereby amended
as follows:
RECEIVED 10/21/2011 at 2:21 PM
RECEIVING 961536
BOOK: 774 PAGE: 838
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
1. A new Paragraph 7.5 shall be added as follows:
7.5 Delegation and Assignment of Association Duties and Functions to
Improvement and Service District. The Wyoming Improvement and Service District
Act (W.S. 18 -12 -101 et seq.) authorizes a Wyoming improvement and service district
"ISD to, among other things, provide subdivision control and do any and all other
things necessary to carry out the purposes of the Act. As of the recording of this First
Amendment, the Alpine Meadows Improvement and Service District "AMISD has
been formed, whose boundaries encompass the Alpine Meadows Subdivision. The
Association may delegate and assign to the AMISD any or all of its duties and functions
as further provided herein.
(a) The Board shall decide by majority vote whether to delegate and /or
assign any or all of its duties and functions as specified in this Declaration to the AMISD.
(b) If the Board decides to delegate and /or assign any or all of its
duties and functions to the AMISD, the Board shall enter into an agreement with the
AMISD that specifies what duties and functions will be delegated and /or assigned to the
AMISD, and by which the AMISD will assume such duties and functions. Any such
agreement must be subject to termination by the Association upon ninety (90) days
notice.
(c) Any such agreement must provide that the Association and
AMISD shall record in the Lincoln County Clerk's office a memorandum of agreement
that references the agreement and the delegation, assignment and assumption of duties
and function contained therein. Any such agreement shall further provide that if such
agreement is terminated, the delegation and /or assignment of duties and functions
provided under such agreement shall be immediately revoked and the parties shall
prepare, execute and record a release of memorandum of agreement acknowledging such
termination and revocation.
(d) The Association shall do all things necessary to continue to exist as
a legal entity during any period in which it has delegated and /or assigned any or all of its
duties or functions to the AMISD.
(e) Any funds collected by the AMISD during the period of any such
agreement, including any funds allocated to a reserve fund referenced in paragraph 9.3,
shall be and remain the property of the AMISD during and after any period such
agreement is in effect.
IN WITNESS WHEREOF, this First Amendment is executed this (R° day of
September, 2011.
First Amendment to Amended and Restated
Declaration of Covenants, Conditions and Restrictions for Alpine Meadows
Page 2 of 4
000839
STATE OF WYOMING
COUNTY OF TETON
WITNESS my hand and official seal.
Alpine Meadows Property Owners
Association, a Wyoming non profit
corporation:
Michael T. Ha� President
The foregoing instrument was acknowledged before me this (i1 day of
September, 2011 by Michael T. Halpin, President of the Alpine Meadows Property
Owners Association.
Notary Public
My Commission expires: 6 A 12.' 202-
First Amendment to Amended and Restated
Declaration of Covenants, Conditions and Restrictions for Alpine Meadows
Page 3 of 4
000840
STATE OF WYOMING
COUNTY OF TETON
I, Laura Ladd, being first duly sworn upon oath, depose and say as follows:
1. I am the duly elected and acting secretary for the Alpine Meadows Property
Owners Association.
2. The foregoing First Amendment to the Amended and Restated Declaration was
duly approved by the affirmative vote of at least a majority of Members voting
for such action at the annual meeting of the Members of the Alpine Meadows
Property Owners Association held on the 23rd day of August,2011.
Dated this A) day of September, 2011.
STATE OF WYOMING
COUNTY OF TETON
The foregoing certification was acknowledged before me this day of
September, 2011 by Laura Ladd who does verify that the foregoing statements are true
and correct to the best of her knowledge.
WITNESS my hand and official seal.
P SA M PA iaD L R t f D- NOTARY PU8UCI
County V try of 1, A. State of
Mton Wy°or a
J My �"�om ion YC i 3 E ar ?!4?nly 12,
CERTIFICATION
Laura Ladd
�15�t
M 014
Notary Public
My Commission expires: 6 1.11 20Q
First Amendment to Amended and Restated
Declaration of Covenants, Conditions and Restrictions for Alpine Meadows
Page 4 of 4
000.841